/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/230908.mbx C L A S S A C T I O N R E P O R T E R Friday, September 8, 2023, Vol. 25, No. 181 Headlines 2BIGFEET LLC: Zinnamon Files ADA Suit in S.D. New York 451 GRAND AVENUE: Underpays Drivers and Workers, Rugerio Claims ACSWISS INC: Salazar Sues to Recover Unpaid Tips and Wages ADVANCE AMERICA: Wilkinson Files Suit in D. South Carolina AKOO/RP55 LLC: Cromitie Files ADA Suit in S.D. New York AMERICAN GLOBAL: Fardan Files Suit in Cal. Super. Ct. ASSESSOR OF VALLEY STREAM: Demeo Files Suit in N.Y. Sup. Ct. BALCHEM CORP: Maceira Sues Over Exposure to Toxic Chemical BANK OF AMERICA: March Suit Seeks Unpaid Wages for Bank Employees BIOVENTRIX INC: Moline Files Suit in Del. Chancery Ct. BOOK CULTURE: Martin Files ADA Suit in E.D. New York BUTTERFLY NETWORK: Continues to Defend Rose Class Suit in N.J. CHELSEA MORNING: Martin Files ADA Suit in E.D. New York CIGNA CORPORATION: Auto Rejects Insureds' Claims, Veinbergs Says CITY ELECTRIC: Winn Suit Removed to S.D. California CITY STORAGE: Nasser Sues Over Virtual Restaurants' Misleading Ads COX AUTOMOTIVE: Touch Suit Removed to E.D. California CREATORS AGENCY: Garrison Suit Transferred to S.D. Florida CRUMBL LLC: Watson Sues Over Hidden Service Fees on Online Purchase DUPONT DE NEMOURS: Millege Sues Over Cutters' Unpaid Overtime Wages DUTCH FREDS: Martin Files ADA Suit in E.D. New York ELMWOOD VENTURES: Martin Files ADA Suit in E.D. New York EMAGIN CORP: Continues to Defend Heckerman Class Suit in Delaware ENTERPRISE HOLDINGS: Fails to Properly Pay Car Detailers, Odam Says EP GLOBAL: Minnich Sues Over Disclosure of Info to Unknown Parties ERNST LICHT EMBROIDERY: Jones Files ADA Suit in S.D. New York ESOTERIX INC: Lal Suit Removed to C.D. California FONTANA SPORTS: Jones Files ADA Suit in S.D. New York GENERAL ARMY NAVY: Jones Files ADA Suit in S.D. New York GLORYBEE FOODS: Dawson Files ADA Suit in S.D. New York GOLDMAN SACHS: LifeStance IPO Securities Suit Ongoing GOLDMAN SACHS: Oak Street IPO Securities Suit Ongoing GOLDMAN SACHS: ON24 IPO Securities Suit Ongoing GOLDMAN SACHS: Opendoor Tech IPO Securities Suit Ongoing GOLDMAN SACHS: Oscar Health IPO Securities Suit Ongoing GRAND SLAM NEW YORK: Martin Files ADA Suit in E.D. New York GSRH WINGS: Fails to Provide Predictability Pay, Simms Suit Alleges HARTER'S FOX: Soto Sues Over Drivers/Parts Managers' Unpaid Wages HUB INTERNATIONAL: Roy Sues Over Failure to Secure Information HUMANA INC: Herrera ADA Suit Removed to D. New Jersey INNOVATIVE WAREHOUSING: Sanchez Sues Over Unpaid Compensations J. CREW GROUP: Wiretaps Email Recipients' Communications, Muto Says JPAY LLC: Bibbs Files Suit in S.D. Ohio KEMRON ENVIRONMENTAL: Gonzales Files Suit in Cal. Super. Ct. KONARK ENTERPRISES: Mahadev Sues Over Unpaid Minimum, Overtime Wage LA LA LEAF LLC: Luis Files ADA Suit in S.D. New York LA-Z BOY INCORPORATED: Lanicek Files TCPA Suit in E.D. Michigan LESLIE'S POOLMART: Fails to Timely Pay Wages, Patterson Suit Claims LIVE VENTURES: Continues to Defend Sanchez Labor-Related Class Suit LIVE VENTURES: Continues to Defend Sieggreen Class Suit in Nevada LTA AIR LINES: McCauley Suit Removed to C.D. California LUTHER BURBAN: Continues to Defend Siegel Class Suit in California MADISON REED: Heeren Files TCPA Suit in N.D. Illinois MATTIS PROPERTIES: Wagner Sues Over Disabled's Access to Stores MAXIMUS INC: Fails to Protect Patients' Personal Info, Wilt Says MCKENDREE UNIVERSITY: Senior Files ADA Suit in S.D. New York MELRIC SYSTEMS: Ortiz Seeks Unpaid Wages for Non-Exempt Workers MISTER CAR WASH: Labor Class Suit Mediation Set for October 19 MITCHELL GOLD: Price Sues Over Unpaid Wages and Benefits MONRO INC: Fails to Pay OT Wages Under FLSA, Wise Class Suit Claims NATERA INC: Bid to Dismiss Securities Suit Pending in Texas Court NCINO INC: Settlement Reached in Sherman Act-Related Suit PET FOOD WAREHOUSE: Cromitie Files ADA Suit in S.D. New York PIER 39 LP: Watson Files Suit in Cal. Super. Ct. PLAYSTUDIOS INC: Continues to Defend Felipe Suit in California POWER INNOVATIONS: Maxwell Sues Over Electricians' Unpaid Wages POWERSCHOOL HOLDINGS: Collects Students' Private Info, Suit Says PRIMO HOME: Faces Montero Wage-and-Hour Suit in S.D.N.Y. RBS SHOE CORPORATION: Cromitie Files ADA Suit in S.D. New York ROMAX GROUP: Garcia Sues Over Unpaid Overtime Wages S.E.S.A. FLEET: Faces Salinas Suit Over Unpaid Wages for Mechanics SICKAFUS SHEEPSKINS: Jones Files ADA Suit in S.D. New York STATE FARM: Miscalculates Insureds' COI Rates, Niewinski Alleges STRENGTH20 LLC: Sanchez Suit Seeks Unpaid Wages for Security Guards SUNRISE RESTAURANTS: Melgar Sues Over Unpaid Minimum Wages & Tips SWORDS TO PLOWSHARES: Williams Files Suit in Cal. Super. Ct. TEXAS GROUNDWORKS: Navarrete Sues Over Unpaid Overtime Wages TOTAL HOME: Mayancela Sues Over Unpaid Overtime Wages TRIBUNE PUBLISHING: Arnold Suit Removed to N.D. Illinois TRINSEO PLC: Continues to Defend Bristoll Spill-Related Class Suit TYSON FOODS: Broiler Antitrust Class Suit Scope Narrowed TYSON FOODS: Continues to Defend Peterson Class Suit UMA EDUCATION: Underpays Inside Sales Representatives, Lewis Claims UNITEDLEX CORPORATION: Behrendt Suit Transferred to D. Kansas VIA ALLORO: Pardo Seeks Unpaid Overtime Wages for Food Runners WESTERN DIGITAL: Solid-State Drives "Defective," Pousa Alleges WESTPOINT HOME: Zinnamon Files ADA Suit in S.D. New York YEAR OF OURS: Luis Files ADA Suit in S.D. New York Asbestos Litigation ASBESTOS UPDATE: Avon Products Has 275 Cases Pending as of June 30 ASBESTOS UPDATE: CIRCOR Int'l. Still Faces Product Liability Claims ASBESTOS UPDATE: FG Group Defends Personal Injury Lawsuits ASBESTOS UPDATE: GlassBridge Defends Exposure Claims ********* 2BIGFEET LLC: Zinnamon Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against 2BigFeet, LLC. The case is styled as Warren Zinnamon, on behalf of himself and all others similarly situated v. 2BigFeet, LLC, Case No. 1:23-cv-07664 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. 2BigFeet -- https://www.2bigfeet.com/ -- specializes in large shoes for men.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com 451 GRAND AVENUE: Underpays Drivers and Workers, Rugerio Claims --------------------------------------------------------------- ALDO RUGERIO, individually and on behalf of all others similarly situated, Plaintiff v. 451 GRAND AVENUE, LLC and JOSEPH R. PAGLIARO, Defendants, Case No. 3:23-cv-01113 (D. Conn., August 22, 2023) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act and the Connecticut Wage Act. The Plaintiff was employed as a driver and instillation worker at the Defendants' flooring, painting, and window treatment company located at 451 Grand Avenue, New Haven, Connecticut from approximately November 2016 to, through and including March 16, 2023. 451 Grand Avenue, LLC is a limited liability company doing business in Connecticut. [BN] The Plaintiff is represented by: Joshua Levin-Epstein, Esq. Jason Mizrahi, Esq. LEVIN-EPSTEIN & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4700 New York, NY 10165 Telephone: (212) 792-0046 E-mail: Joshua@levinepstein.com ACSWISS INC: Salazar Sues to Recover Unpaid Tips and Wages ---------------------------------------------------------- Edith Salazar and Emilie Kaminski individually and on behalf of all persons similarly situated v. Acswiss Inc., d/b/a Checkers Restaurant and Alex M. Camen, as an individual, Case No. 1:23-cv-06280 (N.D. Ill., Aug. 28, 2023), is brought as a collective action under the Fair Labor Standards Act ("FLSA"), the Illinois Minimum Wage Law ("IMWL") Illinois Wage Payment and Collection Act ("IWPCA"), to recover tips and unpaid minimum wages and overtime wages. The Plaintiffs and Collective bring claims based upon Defendants' policy and procedure and practice of paying $4.00 per hour in cash for some hours worked by Plaintiffs and collective, thus not paying the minimum "server rate of pay". Plaintiffs also bring a claim for minimum wage claims for off-the-clock work specifically that Plaintiffs and other employees were subject to off-the-clock work each shift as the Plaintiffs and collective were required to do all work after the scheduled work time and that time was not paid at all. Further Plaintiff alleges that Defendants took Plaintiffs and collective's tips as Defendants actively deducted 5% of the credit card tips earned by Plaintiffs from Plaintiffs and collectives' credit card tips. Such deductions are not legal as per the Illinois Department of Labor Regulations. Additionally, as tips are considered wages under the IWPCA and Defendants forced Plaintiffs to make payments from those wages, via 5% tip out to Defendants, this is an unauthorized deduction from the Plaintiffs and collectives tip wages. The deduction is unauthorized as Defendants did not receive any written authorization for the deduction at the time that deduction is made from Plaintiffs wages, says the complaint. The Plaintiffs were employed by Defendant as servers. Acswiss Inc., operates a restaurant/bar in Union Illinois doing business as Checkers Restaurant.[BN] The Plaintiff is represented by: John C. Ireland, Esq. THE LAW OFFICE OF JOHN C. IRELAND 636 Spruce Street South Elgin, IL 60177 Phone: 630-464-9675 Facsimile: 630-206-0889 Email: attorneyireland@gmail.com ADVANCE AMERICA: Wilkinson Files Suit in D. South Carolina ---------------------------------------------------------- A class action lawsuit has been filed against Advance America Cash Advance Centers Inc. The case is styled as John Wilkinson, individually and on behalf of all others similarly situated and on behalf of the general public v. Advance America Cash Advance Centers Inc., Case No. 6:23-cv-04347-DCC (D.S.C., Aug. 29, 2023). The nature of suit is stated as Other Contract for Breach of Contract. Advance America -- https://www.advanceamerica.net/ -- is here to help you with easy online cash advances, fast cash loans and more.[BN] The Plaintiffs are represented by: Elizabeth M. Dalzell, Esq. SHEALEY LAW FIRM (COL) 1507 Richland Street Columbia, SC 29201 Phone: (803) 929-0008 Fax: (888) 745-1381 Email: liz@shealeylaw.com AKOO/RP55 LLC: Cromitie Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against AKOO/RP55, LLC. The case is styled as Seana Cromitie, on behalf of herself and all others similarly situated v. AKOO/RP55, LLC, Case No. 1:23-cv-07673 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. AKOO/RP55, LLC primarily operates in the Single-family Housing Construction business.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com AMERICAN GLOBAL: Fardan Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against American Global Security Inc., et al. The case is styled as Ramzeddeen Fardan, individually and on behalf of all others similarly situated v. American Global Security Inc., Case No. CIVSB2320475 (Cal. Super. Ct., San Bernardino Cty., Aug. 28, 2023). The case type is stated as "Complex Civil Unlimited." American Global Security -- https://americanglobalsecurity.com/ -- provides armed and unarmed guard services to residential, retail, industrial, and commercial properties.[BN] ASSESSOR OF VALLEY STREAM: Demeo Files Suit in N.Y. Sup. Ct. ------------------------------------------------------------ A class action lawsuit has been filed against The Assessor of the Village of Valley Stream, et al. The case is styled as James Demeo, all other similarly situated Petitioners on the annexed SCHEDULE A, Petitioners v. The Assessor of the Village of Valley Stream, The Board of Assessment Review of the Village of Valley Stream, Respondents, Case No. 613823/2023 (N.Y. Sup. Ct., Nassau Cty., Aug. 28, 2023). The case type is stated as "SP-CPLR Article 78 (Body or Officer)." Valley Stream -- https://www.vsvny.org/ -- is a village in Nassau County, on Long Island, in New York.[BN] The Petitioner is represented by: MAIDENBAUM & STERNBERG, LLP 132 Spruce St Cedarhurst, NY 11516-1915 BALCHEM CORP: Maceira Sues Over Exposure to Toxic Chemical ---------------------------------------------------------- Jeanette Perez Maceira, Jose Luis Mateo Perez, and Lilliam M. Ortiz, individually and on behalf of all others similarly situated v. Balchem Corp., Customed, Inc., Medtronic PR, Inc., Edward LifeSciences Technology Sarl, Steri-Tech, Inc., and Mays Chemical Company of Puerto Rico, Inc., Case No. 3:23-cv-01445 (D.P.R., Aug. 29, 2023), is brought arising from injuries and damages sustained by Class Members as a proximate result of exposure to the toxic chemical EtO that was used on, stored on, and emitted from the premises owned and maintained by the Defendants Customed, Inc., Medtronic PR, Inc., Edward LifeSciences Technology Sarl, and Steri-Tech, Inc. (hereinafter collectively referred to as "PR Sterilization Facilities"), distributed by Mays Chemical Company of Puerto Rico, Inc., and manufactured by Balchem Corp. by and through their managers and agents, and through their unsafe practices in sterilizing medical equipment, which released and emitted deadly EtO into the air of four Puerto Rican communities as part of that process. Ethylene oxide ("EtO") is a known human carcinogen. As a gas, EtO is emitted into the air by institutions that sterilize medical instruments and preserve food, as well as by chemical plants producing items like antifreeze. Despite being labeled as cancer-causing by organizations like the EPA, National Toxicology Program, and the International Association of Research on Cancer, its discharge from medical sterilization facilities located on the island affects nearly 13% of neighborhoods in Puerto Rico. Chronic exposure to EtO has been linked to breast cancer, blood cancer, stomach cancer, leukemia, lymphoma, pancreatic cancer, brain cancer, reproductive issues, and miscarriages. In children, EtO can induce accelerated cell division, increasing DNA mutation risks. Short-term inhalation can cause symptoms like breathing difficulties, nausea, headaches, vomiting, tiredness, and neurological issues. Despite these dangers, Defendants disregarded EtO's harmful properties and continued to release it into the surrounding communities. For decades, Defendants have been emitting substantial quantities of EtO into the air supply of a sizeable population in Puerto Rico. As a result, those who live, work, pray, and attend school in the surrounding area of these facilities have unknowingly been inhaling EtO in the air they breathe on a routine basis. The Defendants never informed the residents of these Puerto Rican communities or those who attend school, live, pray, or work nearby that it systematically emits EtO into the air, nor did Defendants warn them that they are routinely and continuously breathing in a known human carcinogen. Through their industrial processes, Defendants emit EtO into the air, allowing it to be carried by the wind and natural air movement throughout the area surrounding the PR Sterilization Facilities. As such, residents' properties in the area have unknowingly been exposed to carcinogenic EtO for decades. The Defendants knew, or should have known, that EtO is dangerous, toxic, carcinogenic, mutagenic, and causes various illnesses. There is no safe level of EtO; its carcinogenic and DNA-damaging effects have been widely studied and known since the 1940s and definitively known to Defendants since at least 1984. Notwithstanding, Defendants chose to operate their business and emit EtO in a densely populated area full of children, houses, parks, schools, and businesses, says the complaint. The Plaintiffs are persons and citizens of the Commonwealth of Puerto Rico. The Defendants operate medical sterilization facilities in Puerto Rico using ethylene oxide ("EtO") manufactured by Balchem Corp. and distributed by Mays Chemical Company of Puerto Rico, Inc.[BN] The Plaintiff is represented by: Douglas H. Sanders, Esq. Marc D. Grossman, Esq. Melissa K. Sims, Esq. Luis V. Almeida-Olivieri, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 1311 Ponce de Leon Ave. Suite 700 San Juan, PR, 00907 Phone: (516) 741-5600 Fax: (516) 741-0128 Email: dsanders@milberg.com mgrossman@milberg.com msims@milberg.com lalmeida@milberg.com - and - Nevin Wisnoski, Esq. NAPOLI SHKOLNIK 1213 Culbreth Drive, Suite 216 Wilmington, NC 28405 Phone: (919) 374-1971 Email: nwisnoski@napolilaw.com BANK OF AMERICA: March Suit Seeks Unpaid Wages for Bank Employees ----------------------------------------------------------------- RICHARD MARCH and BELINDA HOLLINS, individually and on behalf of all others similarly situated, Plaintiffs v. BANK OF AMERICA, N.A., Defendant, Case No. 2:23-cv-02360-KHV-TJJ (D. Kan., August 18, 2023) is a class action against the Defendant for its failure to pay overtime wages in violation of the Fair Labor Standards Act and state law. Plaintiffs March and Hollins worked for Bank of America as hourly, non-exempt credit solutions advisors in Kansas. Bank of America, N.A. is a national bank association with its principal place of business in North Carolina. [BN] The Plaintiffs are represented by: George A. Hanson, Esq. Alexander T. Ricke, Esq. Caleb J. Wagner, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 Facsimile: (816) 714-7101 E-mail: hanson@stuevesiegel.com ricke@stuevesiegel.com wagner@stuevesiegel.com BIOVENTRIX INC: Moline Files Suit in Del. Chancery Ct. ------------------------------------------------------ A class action lawsuit has been filed against Bioventrix, Inc., et al. The case is styled as Gary Moline, on behalf of himself and all other similarly situated Holders v. BIOVENTRIX, INC., RAYMOND W. COHEN, JIM DILLON, DAVID RICHMOND, MICHAEL TAGLICH, RINDA SAMA, MARK RAVICH, GEORGE FAZIO, ANDREW HINSON, STEVEN HEALY, PROFESSOR ANDREW COATS, TAGLICH BROTHERS INC., and RICHMOND BROTHERS, INC., Case No. 7:23-cv-03437-DCC (Del. Chancery Ct., Aug. 28, 2023). The case type is stated as "Breach of Fiduciary Duties." BioVentrix -- https://bioventrix.com/en-us/ -- is a medical device company focusing on the treatment of congestive heart failure.[BN] The Plaintiff is represented by: Derrick Farrell, Esq. BLEICHMAR FONTI & AULD LLP 3411 Silverside Rd. Baynard Building, Ste 104 Wilmington, DE 19810 Phone: (302) 499-2158 BOOK CULTURE: Martin Files ADA Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Book Culture, Inc. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Book Culture, Inc., Case No. 1:23-cv-06442 (E.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Book Culture Inc. -- https://www.bookculture.com/ -- is a new and used bookstore in New York City, specializing in literature and work by academic presses.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com BUTTERFLY NETWORK: Continues to Defend Rose Class Suit in N.J. -------------------------------------------------------------- Butterfly Network Inc. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 4, 2023, that the Company continues to defend itself from the Rose class suit in the United States District Court for the District of New Jersey. On February 16, 2022, a putative class action lawsuit, styled Rose v. Butterfly Network, Inc., et al. (Case No. 2:22-cv-00854) was filed in the United States District Court for the District of New Jersey against the Company, its then President and Chief Executive Officer, its then Chief Financial Officer, and the Chairman of its Board of Directors as well as Longview's Chairman (who is a director of the Company), Chief Executive Officer, Chief Financial Officer, and members of Longview’s Board of Directors prior to the Business Combination, alleging violations of Sections 10(b), 14(a), and 20(a) of the Exchange Act and Rules 10b-5 and 14a-9 promulgated thereunder. On August 8, 2022, the Court appointed KNS Holdings LLC DBPP UA Jan. 1, 2016 as lead plaintiff and Levy & Korsinsky as lead counsel. On November 1, 2022, lead plaintiff, along with plaintiff Carl Metzgar, filed an Amended Class Action Complaint. In addition to alleging violations of Sections 10(b), 14(a), and 20(a) of the Exchange Act, plaintiff also alleges violations of Sections 11 and 15 of the Securities Act. The alleged class consists of all persons or entities who purchased or otherwise acquired the Company's stock between January 12, 2021 and November 15, 2021, persons who exchanged Longview shares for the Company's common stock, and persons who purchased Longview stock pursuant, or traceable to, the Proxy/Registration Statement filed with the SEC on November 27, 2020 or any amendment thereto. The lawsuit is premised upon allegations that the defendants made false and misleading statements and/or omissions about its post-Business Combination business and financial prospects. The Company intends to vigorously defend against this action. CHELSEA MORNING: Martin Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Chelsea Morning, Inc. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Chelsea Morning, Inc., Case No. 1:23-cv-06438 (E.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Chelsea Morning, Inc. is a gift shop in New York City.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com CIGNA CORPORATION: Auto Rejects Insureds' Claims, Veinbergs Says ---------------------------------------------------------------- HANNAH VEINBERGS, individually and on behalf of all others similarly situated, Plaintiff v. CIGNA CORPORATION and CIGNA HEALTH AND LIFE INSURANCE COMPANY, Defendants, Case No. 3:23-cv-01540-LAB-DEB (S.D. Cal., August 21, 2023) is a class action against the Defendants for breach of the implied covenant of good faith and fair dealing, violation of California's Unfair Competition Law, intentional interference with contractual relations, and unjust enrichment. The case arises from Cigna's illegal scheme to systematically, wrongfully, and automatically deny its insureds the thorough, individualized physician review of claims guaranteed to them by law and, ultimately, the payments for necessary medical procedures owed to them under Cigna's health insurance policies. Relying on an algorithm known as PXDX system, Cigna's doctors instantly reject claims on medical grounds without ever opening patient files, leaving thousands of patients effectively without coverage and with unexpected bills. By engaging in this misconduct, Cigna breached its fiduciary duties, including its duty of good faith and fair dealing, because its conduct serves Cigna's own economic self-interest and elevates its interests above the interests of its insureds, says the suit. Cigna Corporation is an insurance company headquartered at 900 Cottage Grove Road, Bloomfield, Connecticut. Cigna Health and Life Insurance Company is a wholly owned subsidiary of Cigna Corporation, headquartered in Bloomfield, Connecticut. [BN] The Plaintiff is represented by: George V. Granade, Esq. REESE LLP 8484 Wilshire Boulevard, Suite 515 Los Angeles, CA 90211 Telephone: (310) 393-0070 Facsimile: (212) 253-4272 E-mail: ggranade@reesellp.com - and - Michael R. Reese, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Telephone: (212) 643-0500 Facsimile: (212) 253-4272 E-mail: mreese@reesellp.com - and - Charles D. Moore, Esq. REESE LLP 100 South 5th Street, Suite 1900 Minneapolis, MN 55402 Telephone: (212) 643-0500 Facsimile: (212) 253-4272 E-mail: cmoore@reesellp.com - and - Kevin Laukaitis, Esq. LAUKAITIS LAW LLC 954 Avenida Ponce De Leon Suite 205, #10518 San Juan, PR 00907 Telephone: (215) 789-4462 E-mail: klaukaitis@laukaitislaw.com CITY ELECTRIC: Winn Suit Removed to S.D. California --------------------------------------------------- The case captioned as Richard Winn, an individual, on behalf of himself, and on behalf of all persons similarly situated v. CITY ELECTRIC SUPPLY COMPANY, a Florida corporation; and DOES 1-50, Inclusive, Case No. 37-2023-29456-CU-OE-CTLwas removed from 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 Aug. 28, 2023, and assigned Case No. 3:23-cv-01577-RBM-BLM. The Complaint asserts the following causes of action: unfair competition in violation of California Business and Professions Code; failure to pay minimum wages; failure to pay overtime wages; failure to provide required meal periods; failure to provide required rest periods; failure to pay wages when due; failure to provide accurate itemized statements; and failure to reimburse employees for required expenses.[BN] The Plaintiff is represented by: Eugene Ryu, Esq. Penny Chen, Esq. Paul Suh, Esq.028 K&L GATES LLP 10100 Santa Monica Blvd., 8th Floor Los Angeles, CA 90067 Phone: 310.553.5000 Fax: 310.553.5001 Email: Gene.Ryu@klgates.com Penny.Chen@klgates.com Paul.Suh@klgates.com CITY STORAGE: Nasser Sues Over Virtual Restaurants' Misleading Ads ------------------------------------------------------------------ STEFANI NASSER, individually and on behalf of all others similarly situated, Plaintiff v. CITY STORAGE SYSTEMS LLC d/b/a CLOUDKITCHENS, Defendants, Case No. 1:23-cv-06310-PKC-MMH (E.D.N.Y., August 22, 2023) is a class action against the Defendants for violations of State Consumer Protection Statues and New York General Business Law and for quasi-contract/unjust enrichment. According to the complaint, the Defendant is engaged in false, deceptive, and misleading advertising, labeling, and marketing of virtual restaurants on food delivery platforms throughout the United States. Specifically, the Defendant lists its virtual restaurants with all of the indicia of a regular brick-and-mortar restaurant. But the Defendant's virtual restaurants do not exist. Instead, they are merely virtual storefronts which outsource the actual cooking to other existing restaurants and delis, who, in turn, use a shared kitchen to service other menus. As a result of the Defendant's deceptive practices, the Plaintiff and the Class members suffered an economic injury because they would not have purchased (or paid a premium for) the food offered by the virtual restaurants had they known the veracity of the Defendant's misrepresentations and omissions, says the suit. City Storage Systems LLC, doing business as CloudKitchens, is a provider of real estate services, with its principal place of business in Glendale, California. [BN] The Plaintiff is represented by: Adrian Gucovschi, Esq. GUCOVSCHI ROZENSHTEYN, PLLC 140 Broadway, Suite 4667 New York, NY 10005 Telephone: (212) 884-4230 E-mail: adrian@gr-firm.com COX AUTOMOTIVE: Touch Suit Removed to E.D. California ----------------------------------------------------- The case captioned as Samnang Touch, as an individual and on behalf of all others similarly situated v. COX AUTOMOTIVE CORP SVCS., LLC, a limited liability company; COX AUTOMOTIVE MOBILITY SOLUTIONS, INC., a corporation; and DOES 1 through 50, inclusive, Case No. STK-CV-UOE-2023-0005193 was removed from the Superior Court of the State of California for the County of San Joaquin, to the United States District Court for the Eastern District of California on Aug. 29, 2023, and assigned Case No. 2:23-cv-01848-KJN. The Complaint alleges one cause of action for violation of Labor Code. The Complaint seeks to certify the following classes: a. All current and former employees of Defendant in the State of California who were paid any wages at any time from May 19, 2022, through the present (the "Name of Employer Class"); and b. All current and former non-exempt employees of Defendant in the State of California who were paid overtime wages at any time from May 19, 2022, through the present.[BN] The Plaintiff is represented by: William L. Marder, Esq. POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, CA 95023 Phone: (831) 531-4214 Facsimile: (831) 634-0333 Email: bill@polarislawgroup.com - and - Edward W. Choi, Esq. LAW OFFICES OF CHOI & ASSOCIATES 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Phone: (213) 381-1515 Facsimile: (213) 465-4885 Email: edward.choi@choiandassociates.com - and - Dennis S. Hyun, Esq. HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Phone: (213) 488-6555 Facsimile: (213) 488-6554 Email: dhyun@hyunlegal.com The Defendants are represented by: Larry W. Lee, Esq. DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Phone: (213) 488-6555 Facsimile: (213) 488-6554 Email: lwlee@diversitylaw.com CREATORS AGENCY: Garrison Suit Transferred to S.D. Florida ---------------------------------------------------------- The case styled as Edwin Garrison, on behalf of themselves and all others similarly situated v. Creators Agency, LLC, Case No. 2:23-cv-00139 was transferred from the U.S. District Court for the District of Wyoming, to the U.S. District Court for the Southern District of Florida on Aug. 29, 2023. The District Court Clerk assigned Case No. 1:23-cv-23304 to the proceeding. The nature of suit is stated as Other Fraud. Creators Agency -- https://creatorsagency.co/ -- is a talent management agency for digital creators.[BN] The Plaintiff is represented by: Alex Freeburg, Esq. FREEBURG LAW LLC PO Box 3442 Jackson, WY 83001 Phone: (307) 200-9720 Email: alex@tetonattorney.com - and - Adam M. Moskowitz, Esq. Joseph M. Kaye, Esq. THE MOSKOWITZ LAW FIRM, PLLC Continental Plaza 3250 Mary Street, Suite 202 Coconut Grove, FL 33133 Phone: (305) 740-1423 Email: adam@moskowitz-law.com joseph@moskowitz-law.com rejane@moskowitz-law.com - and - David Boies, Esq. Alex Boies, Esq. Brooke Alexander, Esq. BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, NY 10504 Phone: (914) 749–8200 Email: dboies@bsfllp.com CRUMBL LLC: Watson Sues Over Hidden Service Fees on Online Purchase ------------------------------------------------------------------- LISA WATSON and ANGELA KEERS, individually and on behalf of all others similarly situated, Plaintiffs v. CRUMBL LLC, CRUMBL IP, LLC, and CRUMBL FRANCHISING, LLC, Defendants, Case No. 2:23-cv-01770-DJC-CKD (E.D. Cal., August 21, 2023) is a class action against the Defendants for violations of the California Consumer Legal Remedies Act, the California False Advertising Law, and the California Unfair Competition Law, and for fraudulent misrepresentation, and unjust enrichment/quasi-contract. The case arises from the Defendants' practice of charging a concealed 2.95% service fee every time a customer utilizes the Crumbl App to purchase Crumbl's products. As a result of this automatic fee, customers pay a uniformly higher price for Crumbl's products than advertised on the menu. The Plaintiffs and Class members have suffered injury in fact, including economic damages, says the suit. Crumbl LLC is a bakery company, with its principal place of business in Orem, Utah. Crumbl IP, LLC is a bakery company, with its principal place of business in Orem, Utah. Crumbl Franchising, LLC is a bakery company, with its principal place of business in Orem, Utah. [BN] The Plaintiffs are represented by: Alex Straus, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP 280 S. Beverly Drive, PH Suite Beverly Hills, CA 90212 Telephone: (866) 252-0878 Facsimile: (615) 921-6501 E-mail: astraus@milberg.com - and - Erin Ruben, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP 900 W. Morgan St. Raleigh, NC 27603 Telephone: (865) 247-0080 Facsimile: (865) 522-0049 E-mail: eruben@milberg.com - and - Harper T. Segui, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP 825 Lowcountry Blvd., Suite 101 Mount Pleasant, SC 29464 Telephone: (919) 600-5000 E-mail: hsegui@milberg.com - and - Rachel Soffin, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Telephone: (865) 247-0080 Facsimile: (865) 522-0049 E-mail: rsoffin@milberg.com DUPONT DE NEMOURS: Millege Sues Over Cutters' Unpaid Overtime Wages ------------------------------------------------------------------- DUANE MILLEGE, individually and on behalf of all others similarly situated, Plaintiff v. DUPONT DE NEMOURS, INC. and DUPONT SPECIALTY PRODUCTS USA, LLC, Defendants, Case No. 1:23-cv-00908-UNA (D. Del., August 18, 2023) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Plaintiff has been employed by the Defendants as an hourly-based cutter at their location in Hemlock, Michigan from approximately September 2021 to the present. DuPont De Nemours, Inc. is a chemicals company headquartered in Wilmington, Delaware. DuPont Specialty Products USA, LLC is a chemicals company headquartered in Wilmington, Delaware. [BN] The Plaintiff is represented by: Brian E. Farnan, Esq. Michael J. Farnan, Esq. FARNAN LLP 919 North Market Street, 12th Floor Wilmington, DE 19801 Telephone: (302) 777-0300 Facsimile: (302) 777-0301 E-mail: bfarnan@farnanlaw.com mfarnan@farnanlaw.com - and - Hans A. Nilges, Esq. NILGES DRAHER LLC 7034 Braucher Street NW, Suite B North Canton, OH 44720 Telephone: (330) 470-4428 Facsimile: (330) 754-1430 E-mail: hnilges@ohlaborlaw.com - and - Matthew Coffman, Esq. COFFMAN LEGAL, LLC 1550 Old Henderson Road, Suite 126 Columbus, OH 43220 Telephone: (614) 949-1181 Facsimile: (614) 386-9964 E-mail: mcoffman@mcoffmanlegal.com DUTCH FREDS: Martin Files ADA Suit in E.D. New York --------------------------------------------------- A class action lawsuit has been filed against Dutch Freds, Inc. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Dutch Freds, Inc., Case No. 1:23-cv-06441 (E.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Dutch Fred's -- https://dutchfreds.com/ -- is a Hell's Kitchen Local serving craft cocktails in midtown NYC, a cosy bar with a nod to 1910s-style, decorated with mosaic tile floors.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com ELMWOOD VENTURES: Martin Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Elmwood Ventures, LLC. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Elmwood Ventures, LLC, Case No. 1:23-cv-06440 (E.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Elmwood Ventures, LLC offers business consulting and services.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com EMAGIN CORP: Continues to Defend Heckerman Class Suit in Delaware ----------------------------------------------------------------- eMagin Corp. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 10, 2023, that the Company continues to defend itself from the Heckerman class suit in the Delaware Court of Chancery. On July 14, 2023, a purported stockholder of the Company filed a putative class action complaint against the Company, the Board, Samsung Display, Silk USA, and Merger Sub in the Delaware Court of Chancery, captioned Heckerman v. Wittels, et al. (Case No. 2023-0716). The Heckerman Complaint alleges, on behalf of a putative class of the Company's stockholders, among other things, claims for breach of fiduciary duty against the Board with respect to the inclusion of certain termination provisions in the Merger Agreement and with respect to the process leading up to the Merger, and claims for aiding and abetting such alleged breaches of fiduciary duty against Samsung Display. The Heckerman Complaint seeks, among other things, an injunction enjoining the consummation of the Merger or the enforcement of certain provisions of the Merger Agreement, or, in the event the Merger is consummated, to recover damages resulting from defendants' alleged breaches of fiduciary duty and/or aiding and abetting of breaches of fiduciary duty. The Company cannot predict the outcome of the Heckerman Action. The Company believes that the Heckerman Action is without merit, and the Company and the individual defendants intend to vigorously defend against the Heckerman Action. eMagin Corporation is a Foreign corporation that manufactures field emitter devices and organic light emitting diodes. ENTERPRISE HOLDINGS: Fails to Properly Pay Car Detailers, Odam Says ------------------------------------------------------------------- MICHAEL ODAM, on behalf of himself and all others similarly situated, Plaintiff v. ENTERPRISE HOLDINGS, INC., ENTERPRISE RENT-A-CAR, ELRAC, LLC, ALAMO RENTAL (US) LLC, and NATIONAL RENTAL (US) LLC, Defendants, Case No. 1:23-cv-07358 (S.D.N.Y., August 18, 2023) is a class action against the Defendants for violations of the New York Labor Law including failure to pay timely wages, failure to provide wage notice, failure to reimburse uniform purchase maintenance costs, and failure to pay spread-of-hours compensation. Mr. Odam worked for the Defendants as a car detailer in a parking garage at 313 W. 56th Street, New York, New York from on or around February 28, 2019 until around March 20, 2023. Enterprise Holdings, Inc. is a car rental company doing business in New York. Enterprise Rent-A-Car is a car rental company headquartered in Saint Louis, Missouri. ELRAC, LLC is a car rental company located in New Jersey. Alamo Rental (US) LLC is a wholly owned subsidiary of Enterprise Holdings, Inc. based in New York, New York. National Rental (US) LLC is a wholly owned subsidiary of Enterprise Holdings, Inc. based in New York, New York. [BN] The Plaintiff is represented by: Mohammed Gangat, Esq. LAW OFFICE OF MOHAMMED GANGAT 675 Third Avenue, Suite 1810 New York, NY 10017 Telephone: (718) 669-0714 E-mail: mgangat@gangatpllc.com EP GLOBAL: Minnich Sues Over Disclosure of Info to Unknown Parties ------------------------------------------------------------------ VICTORIA MINNICH, individually and on behalf of all others similarly situated, Plaintiff v. EP GLOBAL PRODUCTION SOLUTIONS, LLC D/B/A ENTERTAINMENT PARTNERS, Defendant, Case No. 5:23-cv-01696 (C.D. Cal., August 21, 2023) is a class action against the Defendant for negligence, unjust enrichment, breach of third-party beneficiary contract, and violations of the California Customer Records Act. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information of the Plaintiff and similarly situated customers stored within its network systems following a data breach detected on June 30, 2023. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the PII of the Plaintiff and Class members were compromised and damaged through access by and disclosure to unknown and unauthorized third parties, the suit alleges. EP Global Production Solutions, LLC, doing business as Entertainment Partners, is a business services company based in Burbank California. [BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 280 S. Beverly Drive Beverly Hills, CA 90212 Telephone: (858) 209-6941 E-mail: jnelson@milberg.com - and - William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Ave. Oklahoma City, OK 73120 Telephone: (405) 235-1560 E-mail: wbf@federmanlaw.com ERNST LICHT EMBROIDERY: Jones Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Ernst Licht Embroidery and Imports, Inc. The case is styled as Damon Jones, on behalf of himself and all others similarly situated v. Ernst Licht Embroidery and Imports, Inc., Case No. 1:23-cv-07616 (S.D.N.Y., Aug. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Ernst Licht is a clothing store that sells jewelry, costumes, and tie accessories for men and women.[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 ESOTERIX INC: Lal Suit Removed to C.D. California ------------------------------------------------- The case captioned as Nayan Lal, on behalf of himself, and all others similarly situated v. ESOTERIX, INC., a Delaware corporation; LABORATORY CORPORATION OF AMERICA HOLDINGS, a Delaware corporation; and DOES 1 through 100, inclusive, Case No. 23STCV15800 was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central District of California on Aug. 28, 2023, and assigned Case No. 2:23-cv-07089. The Complaint asserts the following causes of action: failure to pay overtime wages; failure to pay minimum wages; failure to provide meal periods; failure to provide rest periods; failure to pay all wages upon termination; failure to provide accurate itemized statements; and unfair competition in violation of California Business and Professions Code. Additionally, Plaintiff seeks attorneys' fees and various penalties under the California Labor Code.[BN] The Defendants are represented by: Eugene Ryu, Esq. Paul Suh, Esq. K&L GATES LLP 10100 Santa Monica Blvd., 8th Floor Los Angeles, CA 90067 Phone: 310.553.5000 Fax: 310.553.5001 Email: Gene.Ryu@klgates.com Paul.Suh@klgates.com FONTANA SPORTS: Jones Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Fontana Sports Specialties, Inc. The case is styled as Damon Jones, on behalf of himself and all others similarly situated v. Fontana Sports Specialties, Inc., Case No. 1:23-cv-07617 (S.D.N.Y., Aug. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Fontana Sports Specialties, Inc. -- https://www.fontanasports.com/ -- is a Madison-based outdoor retailer with 6+ decades of offering high quality equipment & clothing for travel sports.[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 GENERAL ARMY NAVY: Jones Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against General Army Navy Surplus, Inc. The case is styled as Damon Jones, on behalf of himself and all others similarly situated v. General Army Navy Surplus, Inc., Case No. 1:23-cv-07619 (S.D.N.Y., Aug. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. General Army Navy Surplus, Inc. -- https://www.generalarmynavy.com/ -- features a many surplus, military and outdoor items.[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 GLORYBEE FOODS: Dawson Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Glorybee Foods, Inc. The case is styled as Lashawn Dawson, on behalf of himself and all others similarly situated v. Glorybee Foods, Inc., Case No. 1:23-cv-07612-GHW (S.D.N.Y., Aug. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. GloryBee -- https://glorybee.com/ -- is your source for bulk honey, Non-GMO canola oil, tapioca syrup, and more.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com GOLDMAN SACHS: LifeStance IPO Securities Suit Ongoing ----------------------------------------------------- The Goldman Sachs Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 3, 2023, that its subsidiary Goldman Sachs and Co. (GS&Co.) is among the underwriters named as defendants in a putative securities class action filed on August 10, 2022 in the U.S. District Court for the Southern District of New York relating to LifeStance Health Group, Inc.'s (LifeStance) approximately $828 million June 2021 initial public offering of common stock. In addition to the underwriters, the defendants include LifeStance and certain of its officers and directors. GS&Co. underwrote 10,580,000 shares of common stock representing an aggregate offering price of approximately $190 million. On December 19, 2022, the plaintiffs filed an amended complaint, and on April 10, 2023, the defendants' motion to dismiss the amended complaint was denied. On June 2, 2023, the plaintiffs moved for class certification. The Goldman Sachs Group, Inc., a Delaware corporation, together with its consolidated subsidiaries, is a global financial institution that delivers a broad range of financial services to a large and diversified client base that includes corporations, financial institutions, governments and individuals. GOLDMAN SACHS: Oak Street IPO Securities Suit Ongoing ----------------------------------------------------- The Goldman Sachs Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 3, 2023, that its subsidiary Goldman Sachs and Co. (GS&Co.) is among the underwriters named as defendants in an amended complaint for a putative securities class action filed on May 25, 2022 in the U.S. District Court for the Northern District of Illinois relating to Oak Street Health, Inc.'s (Oak Street) $377 million August 2020 initial public offering, $298 million December 2020 secondary equity offering, $691 million February 2021 secondary equity offering and $747 million May 2021 secondary equity offering. In addition to the underwriters, the defendants include Oak Street, certain of its officers and directors and certain of its shareholders. GS&Co. underwrote 4,157,103 shares of common stock in the August 2020 initial public offering representing an aggregate offering price of approximately $87 million, 1,503,944 shares of common stock in the December 2020 secondary equity offering representing an aggregate offering price of approximately $69 million, 3,083,098 shares of common stock in the February 2021 secondary equity offering representing an aggregate offering price of approximately $173 million and 3,013,065 shares of common stock in the May 2021 secondary equity offering representing an aggregate offering price of approximately $187 million. On February 10, 2023, the court granted in part and denied in part the defendants' motion to dismiss, dismissing the claim alleging a violation of Section 12(a)(2) of the Securities Act and, with respect to the May 2021 secondary equity offering only, the claim alleging a violation of Section 11 of the Securities Act, but declining to dismiss the remaining claims. The Goldman Sachs Group, Inc., a Delaware corporation, together with its consolidated subsidiaries, is a global financial institution that delivers a broad range of financial services to a large and diversified client base that includes corporations, financial institutions, governments and individuals. GOLDMAN SACHS: ON24 IPO Securities Suit Ongoing ----------------------------------------------- The Goldman Sachs Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 3, 2023, that its subsidiary Goldman Sachs and Co. (GS&Co.) is among the underwriters named as defendants in a putative securities class action filed on November 3, 2021 in the U.S. District Court for the Northern District of California relating to ON24, Inc.'s (ON24) approximately $492 million February 2021 initial public offering of common stock. In addition to the underwriters, the defendants include ON24 and certain of its officers and directors, including a director who was a Managing Director of GS&Co. at the time of the initial public offering. GS&Co. underwrote 3,616,785 shares of common stock representing an aggregate offering price of approximately $181 million. On March 18, 2022, the plaintiffs filed a consolidated complaint, and on July 7, 2023, the court granted the defendants' motion to dismiss the consolidated complaint with leave to amend. The Goldman Sachs Group, Inc., a Delaware corporation, together with its consolidated subsidiaries, is a global financial institution that delivers a broad range of financial services to a large and diversified client base that includes corporations, financial institutions, governments and individuals. GOLDMAN SACHS: Opendoor Tech IPO Securities Suit Ongoing -------------------------------------------------------- The Goldman Sachs Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 3, 2023, that its subsidiary Goldman Sachs and Co. (GS&Co.) is among the underwriters named as defendants in a putative securities class action filed on November 22, 2022 in the U.S. District Court for the District of Arizona relating to, among other things, Opendoor Technologies Inc.'s approximately $886 million February 2021 public offering of common stock. In addition to the underwriters, the defendants include Opendoor and certain of its officers and directors. GS&Co. underwrote 10,173,401 shares of common stock representing an aggregate offering price of approximately $275 million. On April 17, 2023, the plaintiffs filed a consolidated amended complaint, and on June 30, 2023, the defendants moved to dismiss the consolidated amended complaint. The Goldman Sachs Group, Inc., a Delaware corporation, together with its consolidated subsidiaries, is a global financial institution that delivers a broad range of financial services to a large and diversified client base that includes corporations, financial institutions, governments and individuals. GOLDMAN SACHS: Oscar Health IPO Securities Suit Ongoing ------------------------------------------------------- The Goldman Sachs Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 3, 2023, that its subsidiary Goldman Sachs and Co. (GS&Co.) is among the underwriters named as defendants in a putative securities class action filed on May 12, 2022 in the U.S. District Court for the Southern District of New York relating to Oscar Health, Inc.'s (Oscar Health) approximately $1.4 billion March 2021 initial public offering. In addition to the underwriters, the defendants include Oscar Health and certain of its officers and directors. GS&Co. underwrote 12,760,633 shares of common stock representing an aggregate offering price of approximately $498 million. On December 5, 2022, the plaintiffs filed an amended complaint. On April 4, 2023, the defendants moved to dismiss the amended complaint. The Goldman Sachs Group, Inc., a Delaware corporation, together with its consolidated subsidiaries, is a global financial institution that delivers a broad range of financial services to a large and diversified client base that includes corporations, financial institutions, governments and individuals. GRAND SLAM NEW YORK: Martin Files ADA Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Grand Slam New York, LLC. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Grand Slam New York, LLC, Case No. 1:23-cv-06443-AMD-SJB (E.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Grand Slam New York -- https://www.grandslamnewyork.com/ -- is known for the largest selection of New York City souvenirs, apparel, licensed gifts, and licensed sports products, at the absolute lowest prices.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com GSRH WINGS: Fails to Provide Predictability Pay, Simms Suit Alleges ------------------------------------------------------------------- Robert Simms, on behalf of himself and all others similarly situated, v. GSRH Wings PA, LLC d/b/a Wingstop, Case No. 230802072 (Pa. Com. Pl., Philadelphia Cty., Aug. 18, 2023) alleges that GSRH failed to provide employees with Predictability Pay when changing their work schedules with less than 14-days' notice and alleges that GSRH failed to post work schedules on-site in conspicuous and accessible locations; offer available work shifts to existing employees before hiring new employees; and provide new hires with compliant, written, good faith estimates of their typical work schedules, in violation of the Philadelphia Fair Workweek Employment Standards. GSRH hired the Plaintiff as a cook and he was eventually assigned to be a "paratrooper." Throughout his employment, the Plaintiff's schedule changed weekly, which made it difficult for him to find transportation to work. On some occasions, GSRH required the Plaintiff to remain at work long past his scheduled shifts (more than 20 minutes) without any prior notice and without obtaining written consent. GSRH also reduced the Plaintiff's hours at least once by more than 20 minutes without providing him 14-days' advance notice, the suit claims. Although GSRH often changed the Plaintiff's schedule without 14-days' notice, after the Plaintiff worked the new or changed shifts, GSRH never provided him with Predictability Pay as required by the Fair Workweek Law, says the suit. As a result of GSRH's alleged violations of Section 9-4602(1) of the Fair Workweek Law, the Plaintiff and the Class have been deprived of a predictable schedule and are entitled to: an order directing compliance; unpaid compensation; $200 in presumed damages; liquidated damages up to $2,000; and reasonable attorney's fees and costs. The Plaintiff was employed as a non-exempt hourly employee at the GSRH Wings PA located at 5305 Chew Avenue in Philadelphia, Pennsylvania, from December 2022 through approximately May 2023. GSRH is a food services establishment.[BN] The Plaintiff is represented by: Ryan Allen Hancock, Esq. WILLIG, WILLIAMS & DAVIDSON 1845 Walnut Street, 24th Floor Philadelphia, PA 19103 Telephone: (215) 656-3679 E-mail: rhancock@wwdlaw.com - and - Sally J. Abrahamson, Esq. WERMAN SALAS P.C. 335 18th Pl. NE Washington, DC 20002 Telephone: (202) 830-2016 E-mail: sabrahamson@flsalaw.com - and - Sarah R. Schalman-Bergen, Esq. Krysten Connon, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (267) 256-9973 E-mail: ssb@llrlaw.com kconnon@llrlaw.com HARTER'S FOX: Soto Sues Over Drivers/Parts Managers' Unpaid Wages ----------------------------------------------------------------- MIRANDA SOTO-RIOS, individually and on behalf of all others similarly situated, Plaintiff v. HARTER'S FOX VALLEY DISPOSAL LLC, Defendant, Case No. 1:23-cv-01107-WCG (E.D. Wis., August 22, 2023) is a class action against the Defendant for its failure to pay overtime wages in violation of the Fair Labor Standards Act of 1938 and the Wisconsin's Wage Payment and Collection Laws. The Plaintiff was hired as an hourly-paid, non-exempt employee in the position of Residential Driver/Parts Manager since approximately January 2023. Harter's Fox Valley Disposal LLC is a waste management service company, with a principal office address located at 169901 Ringle Avenue, 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 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com dpotteiger@walcheskeluzi.com HUB INTERNATIONAL: Roy Sues Over Failure to Secure Information -------------------------------------------------------------- Christopher Roy, on behalf of himself and all others similarly situated v. HUB INTERNATIONAL LIMITED, Case No. 1:23-cv-06299 (N.D. Ill., Aug. 28, 2023), is brought against the Defendant for its failure to properly secure and safeguard the Plaintiff's and over 479,000 similarly situated individuals' names, driver's license numbers, social security numbers, and financial account information (the "Private Information") from hackers. On July 27, 2023, HUB filed official notice of a hacking incident with the office of the Maine Attorney General. On August 11, 2023, HUB also sent out data breach notice letters (the "Notice") to individuals whose information was compromised as a result of the hacking incident. Based on information provided in the Notice sent to impacted individuals, HUB detected unusual activity on some of its computer systems in or around January 17, 2023. In response, the company isolated the impacted systems and launched an investigation which revealed that an unauthorized party had access to certain company files between December 12, 2022, and January 17, 2023 (the "Data Breach"). Yet, HUB waited over six months to notify the public that they were at risk. As a result of this delayed response, Plaintiff and "Class Members" had no idea for over six months that their Private Information had been impacted, and that they were, and continue to be, at significant risk of identity theft and various other forms of personal, social, and financial harm. This risk will remain for their respective lifetimes. There has been no assurance offered by HUB that all personal data or copies of data have been recovered or destroyed, or that Defendant has adequately enhanced its data security practices sufficient to avoid a similar breach of its network in the future. Therefore, Plaintiff and Class Members have suffered and are at an imminent, immediate, and continuing increased risk of suffering ascertainable losses in the form of harm from identity theft and other fraudulent misuse of their Private Information, out-of-pocket expenses incurred to remedy or mitigate the effects of the Data Breach, and the value of their time reasonably incurred to remedy or mitigate the effects of the Data Breach, says the complaint. The Plaintiff is an individual citizen of the State of Massachusetts who received the Notice from Defendant. HUB, based in Chicago, Illinois, is an insurance brokerage that serves more than 450,000 customers throughout the United States and internationally.[BN] The Plaintiff is represented by: Mason A. Barney, Esq. Tyler J. Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Phone: (212) 532-1091 Email: mbarney@sirillp.com tbean@sirillp.com HUMANA INC: Herrera ADA Suit Removed to D. New Jersey ----------------------------------------------------- The case styled as Carlos Herrera, on behalf of himself and all others similarly situated v. Humana, Inc., Case No. HUD-L-002669-23 was removed from the Superior Court of New Jersey, Hudson County, to the U.S. District Court for the District of New Jersey on Aug. 28, 2023. The District Court Clerk assigned Case No. 2:23-cv-11948 to the proceeding. The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Humana Inc. -- https://www.humana.com/ -- is a for-profit American health insurance company based in Louisville, Kentucky.[BN] The Plaintiff appears pro se. The Defendant is represented by: Amanda Lyn Genovese, Esq. SEYFARTH SHAW LLP 620 Eighth Avenue New York, NY 10018 Phone: (212) 218-5621 Email: agenovese@seyfarth.com INNOVATIVE WAREHOUSING: Sanchez Sues Over Unpaid Compensations -------------------------------------------------------------- Ivonne Sanchez, on behalf of herself and current and former aggrieved employees v. INNOVATIVE WAREHOUSING SOLUTIONS, LLC; and DOES 1 to 100, inclusive, Case No. 23STCV20736 (Cal. Super. Ct., Los Angeles Cty., Aug. 29, 2023), is brought against the Defendants' violation of the Labor Code based on Defendants' failure to pay proper minimum and overtime compensations. The Defendants' failed to pay wages for all hours worked at minimum wage and all overtime hours worked at the overtime rate of pay; failed to authorize or permit all legally required and/or compliant periods or pay meal period premium wages; failed to authorize or permit all legally required and/or compliant rest periods or pay rest period premium wages; failed to timely produce requested employment records; statutory penalties for failing to timely pay earned wages during employment; failed to provide accurate wage statements. The Plaintiff also seek statutory waiting time penalties in the form of continuation wages for failure to timely pay employees all wages due upon separation of employment; injunctive relief and other equitable relief, says the complaint. The Plaintiff is a former employee of the Defendants. INNOVATIVE WAREHOUSING SOLUTIONS, LLC is authorized to do business within the State of California.[BN] The Plaintiff is represented by: Joseph Lavi, Esq. Vincent C. Granberry, Esq. Cassandra A. Castro, Esq. LAVI & EBRAHIMIAN, LLP 8889 W Olympic Blvd., Ste. 200 Beverly Hills, CA 90211-3638 Phone: 310-432-0000 Fax: 310-432-0001 Email: jlavi@lelawfirm.com vgranberry@lelawfirm.com ccastro@lelawfirm.com WHT2@lelawfirm.com J. CREW GROUP: Wiretaps Email Recipients' Communications, Muto Says ------------------------------------------------------------------- MARCELO MUTO, individually and on behalf of all others similarly situated, Plaintiff v. J. CREW GROUP, LLC, Defendant, Case No. 1:23-cv-07429 (S.D.N.Y., August 22, 2023) is a class action against the Defendant for statutory larceny and violations of the California Invasion of Privacy Act and the California Unfair Competition Law. The case arises from the Defendant's practice of aiding, agreeing with, employing, or otherwise enabling the wiretapping of electronic communications between the Defendant and its clients via emails sent from the Defendant's email domain. The wiretaps, which are embedded in the emails, operate without the knowledge or consent of the Defendant's email recipients. As a result of the Defendant's unfair and/or unlawful practices, the Plaintiff and Class members have suffered an injury in fact, including the loss of money and/or property, says the suit. J. Crew Group, LLC is a provider of apparel products, with its principal place of business 225 Liberty St., New York, New York. [BN] The Plaintiff is represented by: Joseph. I Marchese, Esq. Alec M. Leslie, Esq. BURSOR & FISHER, P.A. New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: jmarchese@bursor.com aleslie@bursor.com - and - Adrian Gucovschi, Esq. GUCOVSCHI ROZENSHTEYN, PLLC 140 Broadway, Suite 4667 New York, NY 10005 Telephone: (212) 884-4230 Facsimile: (212) 884-4230 E-mail: adrian@gr-firm.com JPAY LLC: Bibbs Files Suit in S.D. Ohio --------------------------------------- A class action lawsuit has been filed against JPAY, L.L.C. The case is styled as Nathaniel Bibbs, Ronald Leaks, individually and on behalf of all others similarly situated v. JPAY, L.L.C., Steven Abdul-Azziz El Bey also known as: Steven L. Smith, Case No. 2:23-cv-02792-SDM-KAJ (S.D. Ohio, Aug. 29, 2023). The nature of suit is stated as Prisoner Civil Rights. JPay -- https://www.jpay.com/ -- offers convenient & affordable correctional services, including money transfer, email, videos, tablets, music, education & parole and probation.[BN] The Plaintiff appears pro se. KEMRON ENVIRONMENTAL: Gonzales Files Suit in Cal. Super. Ct. ------------------------------------------------------------ A class action lawsuit has been filed against Kemron Environmental Services, Inc., et al. The case is styled as David Gonzales, Marty Edward Herrera, individually, and on behalf of all others similarly situated v. Kemron Environmental Services, Inc., Does 1 Through 10, Inclusive, Case No. CGC23608698 (Cal. Super. Ct., San Francisco Cty., Aug. 29, 2023). The case type is stated as "Other Non-Exempt Complaints." KEMRON Environmental Services -- https://www.kemron.com/ -- is an environmental services company providing project management services.[BN] The Plaintiff is represented by: Justin F. Marquez, Esq. WILSHIRE LAW FIRM, PLC 3055 Wilshire Blvd., Ste. 510 Los Angeles, CA 90010-1145 Phone: 213-381-9988 Fax: 213-381-9989 Email: justin@wilshirelawfirm.com KONARK ENTERPRISES: Mahadev Sues Over Unpaid Minimum, Overtime Wage ------------------------------------------------------------------- Vijay Sourab Singh Seetaram Mahadev, on behalf of himself and other similarly situated v. KONARK ENTERPRISES LLC d/b/a GOLCONDA CHIMNEY, KONARK II ENTERPRISES, LLC d/b/a MANTRA, VASU VISHWANADHULA, and FAROOQ MOHAMMED, Case No. 2:23-cv-11838 (D.N.J., Aug. 28, 2023), is brought alleging violations of the Fair Labor Standards Act ("FLSA"), the New Jersey State Wage Payment Law ("NJSWPL"), and the New Jersey Wage and Hour Law and Regulations ("NJWHLR"), (collectively, the "Labor Laws") arising from Defendants' failure to pay non-exempt employees at the statutory minimum wage rate and the statutory overtime rate of time and one-half for all hours worked over 40 hours per workweek. The Defendants have willfully and intentionally committed widespread violations of the Labor Laws by engaging in a pattern and practice of failing to pay its employees, including Plaintiff, inter alia, minimum wages and overtime compensation at the statutory rate of time and one-half for all hours worked above 40 hours in a workweek. Throughout his employment, Plaintiff was not paid proper minimum wages or overtime compensation. Throughout his employment, Plaintiff was paid, in cash at the rate of $100 per day ($600 per week) straight time for all hours worked and worked between 63 and 66 hours per week. Work performed above 40 hours per week was not paid at the statutory rate of time and one-half as required by state and federal law, says the complaint. The Plaintiff worked for the Defendants until in or about January 2022. KONARK ENTERPRISES LLC, owns and operates an Indian restaurant, doing business as Golconda Chimney.[BN] The Plaintiff is represented by: Giustino (Justin) Cilenti, Esq. CILENTI & COOPER, PLLC 60 East 42nd Street – 40th Floor New York, NY 10165 Phone: (212) 209-3933 Fax: (212) 209-7102 Email: info@jcpclaw.com LA LA LEAF LLC: Luis Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against La La Leaf LLC. The case is styled as Kevin Yan Luis, individually and on behalf of all others similarly situated v. La La Leaf LLC, Case No. 1:23-cv-07656 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. La La Leaf -- https://lalaleaf.com/ -- offers natural skin care and beauty products, including our popular lip balms.[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 LA-Z BOY INCORPORATED: Lanicek Files TCPA Suit in E.D. Michigan --------------------------------------------------------------- A class action lawsuit has been filed against La-Z Boy Incorporated. The case is styled as Julie Lanicek, individually and on behalf of all others similarly situated v. La-Z Boy Incorporated, Case No. 2:23-cv-12203-MFL-DRG (E.D. Mich., Aug. 28, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. La-Z-Boy Inc. -- https://www.la-z-boy.com/index.jsp -- is an American furniture manufacturer based in Monroe, Michigan, United States, that makes home furniture, including upholstered recliners, sofas, stationary chairs, lift chairs and sleeper sofas.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 Ne 1st Ave, Suite 1205 Miami, FL 33132 Phone: (305) 479-2299 Email: ashamis@shamisgentile.com LESLIE'S POOLMART: Fails to Timely Pay Wages, Patterson Suit Claims ------------------------------------------------------------------- ROJUAN PATTERSON, individually and on behalf of all others similarly situated, Plaintiff v. LESLIE'S POOLMART, INC., Defendant, Case No. 613514/2023 (N.Y. Sup., Nassau Cty., August 22, 2023) is a class action against the Defendant for its failure to pay timely wages in violation of the New York Labor Law. Mr. Patterson was employed by the Defendant as an hourly worker at Leslie's Poolmart from January 2020 until May 2020. Leslie's Poolmart, Inc. is a retail company, headquartered in Phoenix, Arizona. [BN] The Plaintiff is represented by: Brian S. Schaffer, Esq. David J. Sack, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 LIVE VENTURES: Continues to Defend Sanchez Labor-Related Class Suit ------------------------------------------------------------------- Live Ventures Incorporated disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 10, 2023, that the Company continues to defend itself from the Sanchez labor-related class suit. On July 27, 2022, Irma Sanchez, a former employee of Elite Builder Services, Inc. ("Elite Builders"), filed a class action complaint against Elite Builders in the Superior Court of California, County of Alameda. The complaint alleges that Elite Builders failed to pay all minimum and overtime wages, failed to provide lawful meal periods and rest breaks, failed to provide accurate itemized wage statements, and failed to pay all wages due upon separation as required by California law. The complaint was later amended as a matter of right on October 4, 2022. Further, Ms. Sanchez has put the Labor & Workforce Development Agency on notice to exhaust administrative remedies and enable her to bring an additional claim under the California Labor Code Private Attorneys General Act, which permits an employee to assert a claim for violations of certain California Labor Code provisions on behalf of all aggrieved employees to recover statutory penalties. A Motion for Change of Venue to Stanislaus County was filed by Elite Builders on December 7, 2022. The hearing on the motion was heard on February 8, 2023 and the motion was granted. The Company believes that Ms. Sanchez’s claims lack merit and intends to defend this action vigorously. Live Ventures Incorporated is a holding company with focus on value-oriented acquisitions of domestic middle-market companies based in Nevada. LIVE VENTURES: Continues to Defend Sieggreen Class Suit in Nevada ----------------------------------------------------------------- Live Ventures Incorporated disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 10, 2023, that the Company continues to defend itself from the Sieggreen class suit in the United States District Court for the District of Nevada. On August 13, 2021, Daniel E. Sieggreen, individually and on behalf of all others similarly situated claimants ("Plaintiff"), filed a class action complaint for violation of federal securities laws in the United States District Court for the District of Nevada, naming the Company, Jon Isaac, the Company's current President and Chief Executive Officer, and Virland Johnson, the Company's former Chief Financial Officer, as defendants (collectively, the "Company Defendants"). The allegations asserted are similar to those in the SEC Complaint. Among other sought relief, the complaint seeks damages in connection with the purchases and sales of the Company’s securities between December 28, 2016 and August 3, 2021. As of December 17, 2021, the judge granted a stipulation to stay proceedings pending the resolutions of the motions to dismiss in the SEC Complaint. On February 1, 2023, the final motion to dismiss relating to the SEC Complaint was denied, which was subsequently noticed in the Sieggreen action on February 2, 2023. Plaintiff filed an Amended Complaint on March 6, 2023. On May 5, 2023, the Company Defendants filed a Motion to Dismiss the Amended Complaint, and the briefing on that motion is now complete. Discovery is automatically stayed in this case until after the disposition of the Motion to Dismiss. If the Motion to Dismiss is not successful, the case will proceed to discovery. The Company Defendants strongly dispute and deny the allegations at issue in this case and intend to continue to defend themselves vigorously against these claims. Live Ventures Incorporated is a holding company with focus on value-oriented acquisitions of domestic middle-market companies based in Nevada. LTA AIR LINES: McCauley Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Wilfred McCauley, individually, and on behalf of all others similarly situated current and former employees v. DELTA AIR LINES, INC., a Delaware corporation; and DOES 1 through 50, inclusive, Case No. 23STCV11527 was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central District of California on Aug. 28, 2023, and assigned Case No. 2:23-cv-07079. The Complaint alleges five causes of action: failure to provide meal periods in violation of Labor Code; failure to provide rest periods in violation of Labor Code; failure to provide accurate, itemized wage statements in violation of Labor Code; failure to timely pay all final wages at termination in violation of Labor Code; and unfair business practices in violation of Business & Professions Code.[BN] The Defendants are represented by: Carrie S. Gonell, Esq. MORGAN, LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, CA 92626-7653 Phone: +1.714.830.0600 Fax: +1.714.830.0700 Email: carrie.gonell@morganlewis.com - and - Andrew P. Frederick, Esq. MORGAN, LEWIS & BOCKIUS LLP 1400 Page Mill Road Palo Alto, CA 94304 Phone: +1.650.843.4000 Fax: +1.650.843.4001 Email: andrew.frederick@morganlewis.com - and - Nicole L. Antonopoulos, Esq. MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1596 Phone: +1.415.442.1000 Fax: +1.415.442.1001 Email: nicole.antonopoulos@morganlewis.com LUTHER BURBAN: Continues to Defend Siegel Class Suit in California ------------------------------------------------------------------ Luther Burbank Corporation disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 4, 2023, that the Company continues to defend itself from the Siegel class suit in the Superior Court for the County of Sonoma, California. On March 24, 2023, Martin Siegel, a purported Luther Burbank Corporation shareholder, filed and served a putative class action on behalf of the Company's shareholders in the Superior Court for the County of Sonoma, California captioned Siegel v. Lagomarsino, et al. (Case No. SCV-272922). The Siegel complaint alleges that its board of directors breached their fiduciary duty by failing to disclose certain internal projections and other information allegedly underlying the fairness opinion of our financial adviser, Piper Sandler & Co., in connection with its pending merger transaction with Washington Federal, Inc. Following the filing of our Current Report on Form 8-K on April 10, 2023 containing certain supplemental information regarding unaudited prospective financial estimates received and considered by Piper Sandler & Co., Mr. Siegel withdrew his request for a preliminary injunction to require us to disclose the internal projections and other information and to delay its May 4, 2023 shareholders meeting, but reserved the right to seek an award of attorney's fees and expenses. On May 9, 2023, Siegel and his counsel filed an amended complaint alleging unjust enrichment and seeking an award of attorney's fees and expenses and removing their prior disclosure based claims. In addition, two other purported Luther Burbank Corporation shareholders have filed similar actions in the United States District Court for the Southern District of New York alleging violations of the Securities Exchange Act of 1934, as amended in matters captioned Wang v. Luther Burbank Corporation, et al. (Civil Action No. 23-cv-01949) and O’Dell v. Luther Burbank Corporation, et al. (Civil Action No. 23-cv-1912), and one other purported Luther Burbank Corporation shareholder has filed a similar action in the Superior Court for the County of Sonoma, California captioned Coffman v. Luther Burbank Corporation, et al. (Case No. SCV-273074). None of the plaintiffs have taken any action to serve these actions or otherwise prosecute their claims. The Company believes the allegations and claims in the Siegel action and the other complaints are without merit. Luther Burbank Corporation is a bank holding company headquartered in Santa Rosa, California. LBC operates primarily through its wholly owned subsidiary, Luther Burbank Savings, a California banking corporation. MADISON REED: Heeren Files TCPA Suit in N.D. Illinois ----------------------------------------------------- A class action lawsuit has been filed against Madison Reed, Inc. The case is styled as Courtney Heeren, individually and on behalf of all others similarly situated v. Madison Reed, Inc., Case No. 1:23-cv-06424 (N.D. Ill., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Madison Reed -- https://www.madison-reed.com/ -- is an American brand of hair care and hair color products.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 Ne 1st Ave, Suite 1205 Miami, FL 33132 Phone: (305) 479-2299 Email: ashamis@shamisgentile.com MATTIS PROPERTIES: Wagner Sues Over Disabled's Access to Stores --------------------------------------------------------------- RICHARD WAGNER, on behalf of himself and all others similarly situated, Plaintiff v. MATTIS PROPERTIES, LLC and UNITED DAIRY FARMERS, INC., Defendants, Case No. 2:23-cv-02650-SDM-KAJ (S.D. Ohio, August 21, 2023) is a class action against the Defendants for violation of the Americans with Disabilities Act of 1990 and Ohio Disability Discrimination Law. According to the complaint, the Defendants have discriminated, and continue to discriminate, against the Plaintiff and similarly situated people with disabilities by failing, inter alia, to have accessible facilities. The accessibility issues at the Defendants' facilities include, but not limited to: (a) parking lots and accessible routes and (b) United Dairy Farmers (UDF) convenience store & restrooms. Furthermore, the Defendants continue to discriminate against the Plaintiff and Class members by failing to make reasonable modifications in policies, practices or procedures, when such modifications are necessary to afford all offered goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities; and by failing to take such efforts that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, the suit alleges. Mattis Properties LLC is a shopping center operator located at 9665 Sawmill Rd. Powell, Ohio. United Dairy Farmers Inc. is the operator of a business called United Dairy Farmers, located at 9665 Sawmill Rd. Powell, Ohio. [BN] The Plaintiff is represented by: Owen B. Dunn, Jr., Esq. LAW OFFICES OF OWEN DUNN, JR. The Offices of Unit C 6800 W. Central Ave., Suite C-1 Toledo, OH 43617 Telephone: (419) 241-9661 Facsimile: (419) 241-9737 E-mail: dunnlawoffice@sbcglobal.net MAXIMUS INC: Fails to Protect Patients' Personal Info, Wilt Says ---------------------------------------------------------------- LEO WILT, individually and on behalf of all others similarly situated, Plaintiff v. MAXIMUS, INC., Defendant, Case No. 1:23-cv-01108-MSN-WEF (E.D. Va., August 21, 2023) is a class action against the Defendant for negligence, negligence per se, unjust enrichment, and breach of implied contract. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and protected health information of the Plaintiff and similarly situated patients stored within its network systems following a data breach from May 30 to May 31, 2023. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the PII and PHI of the Plaintiff and Class members were compromised and damaged through access by and disclosure to unknown and unauthorized third parties, the suit alleges. Maximus, Inc. is a healthcare company, with its headquarters and principal place of business located in Richmond, Virginia. [BN] The Plaintiff is represented by: Steven T. Webster, Esq. WEBSTER BOOK LLP 300 N. Washington St., Suite 404 Alexandria, VA 22314 Telephone: (888) 987-9991 E-mail: swebster@websterbook.com - and - John A. Yanchunis, Esq. Ra O. Amen, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 North Franklin Street 7th Floor Tampa, FL 33602 Telephone: (813) 223-5505 Facsimile: (813) 223-5402 E-mail: jyanchunis@forthepeople.com ramen@forthepeople.com MCKENDREE UNIVERSITY: Senior Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against McKendree University. The case is styled as Milagros Senior, on behalf of herself and all other persons similarly situated v. McKendree University, Case No. 1:23-cv-07687 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. McKendree University -- https://www.mckendree.edu/ -- is a private university in Lebanon, Illinois.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (917) 796-7437 Fax: (212) 982-6284 Email: nyjg@aol.com danalgottlieb@aol.com MELRIC SYSTEMS: Ortiz Seeks Unpaid Wages for Non-Exempt Workers --------------------------------------------------------------- STEVEN ORTIZ, individually and on behalf of all others similarly situated, Plaintiff v. MELRIC SYSTEMS CORP. and FRANK MORISCO, Defendants, Case No. 1:23-cv-06226 (E.D.N.Y., August 18, 2023) is a class action against the Defendants for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay overtime wages, failure to pay spread-of-hours compensation, failure to provide wage notice, and failure to provide wage statements. Mr. Ortiz worked for Melric Systems as a non-exempt employee from 1998 through April 2022. Melric Systems Corp. is a waterproofing company in Huntington Station, New York. [BN] The Plaintiff is represented by: Brian L. Greben, Esq. LAW OFFICE OF BRIAN L. GREBEN 316 Great Neck Road Great Neck, NY 11021 Telephone: (516) 304‐5357 MISTER CAR WASH: Labor Class Suit Mediation Set for October 19 -------------------------------------------------------------- Mister Car Wash Inc. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 4, 2023, that the mediation for labor-related class suit is scheduled on October 19, 2023. On February 14, 2023, a plaintiff filed a purported class action lawsuit in the Stanislaus County Superior Court, California, on behalf of all non-exempt employees employed by Defendants in California any time between February 14, 2019, and the present, against Prime Shine, LLC and Does 1 – 20 inclusive. Plaintiff alleges eight claims for violations of the California Labor Code and one claim for violation of the California Business & Professions Code. On June 13, 2023, Plaintiff filed a First Amended Complaint to add a claim for penalties pursuant to the Private Attorneys General Act. Plaintiff seeks, among other things, an unspecified amount for unpaid wages, actual, consequential, and incidental losses, penalties, and attorneys' fees and costs. The parties agreed to an informal exchange of information in lieu of formal discovery prior to mediation with an experienced wage-and-hour mediator. The mediation is currently scheduled for October 19, 2023. Headquartered in Tucson, Arizona, Mister Car Wash is the largest operator of car washes in North America, operating 360 car wash locations across 23 U.S. states with LTM September 30, 2021 revenues of approximately $729 million. MITCHELL GOLD: Price Sues Over Unpaid Wages and Benefits -------------------------------------------------------- Lindsey Price, on behalf of herself and all others similarly situated v. THE MITCHELL GOLD CO., LLC; Case No. 5:23-cv-00135 (W.D.N.C., Aug. 28, 2023), is brought for collection of unpaid wages and benefits for 60 calendar days' pursuant to the Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act"). On August 25, 2023 and thereafter, Defendant ordered the termination of Plaintiff's employment together with the termination of approximately 700 other employees who worked at or reported to the Facilities as part of a mass layoff and/or plant closing as defined by the WARN Act, for which they were entitled to receive 60 days' advance written notice under the WARN Act. The Plaintiff was an employee of Defendant until she was terminated as part of, or as a result of a mass layoff and/or plant closing ordered by Defendant. As such, Defendant is liable under the WARN Act for the failure to provide Plaintiff and the other similarly situated former employees at least 60 days' advance written notice of termination, as required by the WARN Act, says the complaint. The Plaintiff was employed by the Defendant and worked at or reported to the Taylorsville Facility. The Defendant a North Carolina corporation which maintained facilities throughout North Carolina.[BN] The Plaintiff is represented by: John F. Bloss, Esq. Jonathan Wall, Esq. HIGGINS BENJAMIN, PLLC 301 N. Elm Street, Suite 800 Greensboro, NC 27401 Phone: (336) 273-1600 Fax: (336) 274-4650 Email: jbloss@greensborolaw.com jwall@greensborolaw.com - and - Stuart J. Miller, Esq. LANKENAU & MILLER, LLP 100 Church Street 8th FL New York, NY 10007 Phone: (212) 581-5005 - and - Mary E. Olsen, Esq. M. Vance McCrary, Esq. THE GARDNER FIRM, PC 182 St. Francis Street, Suite 103 Mobile, AL 36602 Phone: (251) 433-8100 Direct: (251) 415-4978 Fax: (251) 433-8181 MONRO INC: Fails to Pay OT Wages Under FLSA, Wise Class Suit Claims ------------------------------------------------------------------- KYLE WISE, on behalf of himself and all others similarly situated v. MONRO, INC, Case No. 6:23-cv-06476 (W.D. Ohio, Aug. 18, 2023) sues the Defendant for failing to pay overtime, pursuant to the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act (OMFWSA). Specifically, the Defendant has a company-wide policy and practice of not paying their hourly employees, including the Plaintiff and others similarly situated, for all hours worked, resulting in unpaid overtime, the Plaintiff asserts. The Defendant has a company-wide policy and practice of deducting 30-minutes of unpaid lunch time, even though the Defendant knew that hourly employees, including the Plaintiff and those similarly situated, routinely worked through the entire 30-minute unpaid meal break or were otherwise interrupted with work activities during the unpaid breaks, says the suit. The collective that the Plaintiff seeks to represent, and of which Plaintiff is himself a member, is composed of and defined as follows: All current and former hourly employees who were subject to the Defendant's unpaid lunch policy and who worked 40 or more hours during a workweek at any time from three (3) years preceding the filing of this Complaint through final disposition of this matter. The Plaintiff brings this action on behalf of himself and a class of persons employed by the Defendant in Ohio defined as: All current and former hourly Ohio employees who were subject to the Defendant's unpaid lunch policy and who worked 40 or more hours during a workweek at any time from two (2) years preceding the filing of this Complaint through final disposition of this matter. The Plaintiff was employed by the Defendant from July 19, 2021 through July 3, 2023, as a non-exempt tech/assistant manager who was paid on an hourly basis of approximately $16.00. The Defendant owns and operates more than 1,300 auto repair shops and tire dealers.[BN] The Plaintiff is represented by: Hans A. Nilges, Esq. NILGES DRAHER LLC 7034 Braucher Street NW, Suite B North Canton, OH 44720 Telephone: (330) 470-4428 Facsimile: (330) 754-1430 E-mail: hans@ohlaborlaw.com NATERA INC: Bid to Dismiss Securities Suit Pending in Texas Court ----------------------------------------------------------------- Natera Inc. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 3, 2023, that the Company's motion to dismiss the Securities Act-related class suit is still pending in the United States District Court for the Western District of Texas. A purported class action lawsuit was filed against the Company and certain of its management in the United States District Court for the Western District of Texas, asserting claims under Sections 10(b) and 20(a) of the Securities Act of 1934 and Rule 10b-5 thereunder. The complaint, filed in April 2022 and amended in October 2022 (to include, among others, the claims raised in the lawsuit discussed in the preceding paragraph), alleges, among other things, that the management defendants made materially false or misleading statements, and/or omitted material information that was required to be disclosed, about certain of the Company's products and operations. The complaint seeks, among other relief, monetary damages, attorneys' fees, and costs. The Company has filed a motion to dismiss this lawsuit, which is currently pending before the Court. Natera is the global leader in cell-free DNA (cfDNA) testing, dedicated to oncology, women's health, and organ health.[BN] NCINO INC: Settlement Reached in Sherman Act-Related Suit --------------------------------------------------------- nCino Inc. disclosed in its Form 10-Q Report for the quarterly period ending July 31, 2023 filed with the Securities and Exchange Commission on August 29, 2023, that the Company agreed to settle a Sherman Act-related class suit. On March 12, 2021, a putative class action complaint was filed in the United States District Court for the Eastern District of North Carolina (the "District Court"). The sole class representative in the suit is one individual alleging a contract, combination or conspiracy between and among the Company, Live Oak Bancshares, Inc. ("Live Oak") and Apiture, Inc. ("Apiture") not to solicit or hire each other’s employees in violation of Section 1 of the Sherman Act and N.C. Gen Stat. §§ 75-1 and 75-2. The complaint seeks treble damages and additional remedies, including restitution, disgorgement, reasonable attorneys’ fees, the costs of the suit, and pre-judgment and post judgment interest. The complaint does not allege any specific damages. On April 28, 2022, the District Court approved settlements between the plaintiff and defendant Live Oak in the amount of approximately $3.9 million and unnamed party Apiture in the amount of approximately $0.8 million. In July 2023, through mediation, the Company and the plaintiff reached a settlement agreement in principle of approximately $2.2 million that remains subject to court approval. While the Company strongly believes that it would prevail on the merits and that it has not violated the antitrust laws, in order to avoid the distraction and expense of protracted litigation and instead continue to focus on its employees and customers, the Company agreed to settle this matter. The Company has accrued for the proposed settlement agreement which is included in accrued expenses and other current liabilities as of July 31, 2023 on the Company's unaudited condensed consolidated balance sheets. nCino is a financial technology company. PET FOOD WAREHOUSE: Cromitie Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Pet Food Warehouse, LTD. The case is styled as Seana Cromitie, on behalf of herself and all others similarly situated v. Pet Food Warehouse, LTD, Case No. 1:23-cv-07681 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Pet Food Warehouse -- https://www.pfwvt.com/ -- offers best supplies for pet groomer, dog breeders, horse owners & veterinarians.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com PIER 39 LP: Watson Files Suit in Cal. Super. Ct. ------------------------------------------------ A class action lawsuit has been filed against PIER 39, LP, et al. The case is styled as Calvin Watson, individually, and on behalf of other members of the general public similarly situated v. PIER 39, LP, Does 1 Through 100, Inclusive, Case No. CGC23608701 (Cal. Super. Ct., San Francisco Cty., Aug. 29, 2023). The case type is stated as "Other Non-Exempt Complaints." Pier 39 -- https://www.pier39.com/ -- is a shopping center and popular tourist attraction built on a pier in San Francisco, California.[BN] The Plaintiff is represented by: Arby Aiwazian, Esq. LAWYERS for JUSTICE, PC 410 Arden Ave., Ste. 203 Glendale, CA 91203-4007 Phone: 818-265-1020 Fax: 818-265-1021 Email: arby@calljustice.com PLAYSTUDIOS INC: Continues to Defend Felipe Suit in California -------------------------------------------------------------- PlayStudios Inc. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 4, 2023, that the Company continues to defend itself from the Felipe class suit in the United States District Court for the Northern District California. On April 6, 2022, a class action lawsuit was filed in the United States District Court, Northern District of California, by a purported Company shareholder in connection with alleged federal securities law violations: Christian A. Felipe et. al. v. PLAYSTUDIOS, Inc. (the "Felipe Complaint"). On July 15, 2022, the Felipe Complaint was transferred to the United States District Court for the District of Nevada, Southern Division. On October 4, 2022, the plaintiffs filed an amendment to the Felipe Complaint. The Felipe Complaint names the Company, several current and former board members of the Company, board members and officers of Acies Acquisition Corp., and Andrew Pascal, the Company's Chairman and CEO, as defendants. The Felipe Complaint alleges misrepresentations and omissions regarding the state of the Company's development of the Kingdom Boss game and its financial projections and future prospects in the S-4 Registration Statement filed by Acies that was declared effective on May 25, 2021, the Proxy Statement filed by Acies on May 25, 2021, and other public statements that touted Old PLAYSTUDIOS’ and the Company's financial performance and operations, including statements made on earnings calls and the Amended S-1 Registration Statement filed by the Company that was declared effective on July 30, 2021. The Felipe Complaint alleges that the misrepresentations and omissions resulted in stock price drops of 13% on August 12, 2021, and 5% on February 25, 2022, following (i) the Company's release of financial results for the second quarter of 2021, ended on June 30, 2021, and (ii) the filing of the Company's Annual Report on Form 10-K for the year ended December 31, 2021 and issuance of a press release summarizing financial results for the fourth quarter and year ended December 31, 2021, respectively. The Felipe Complaint seeks an award of damages for an unspecified amount. The Company believes that the claims are without merit and the Company intends to vigorously defend against them. Playstudios, Inc. is a developer and publisher of free-to-play casual games for mobile and social platforms, headquartered in Las Vegas, Nevada. [BN] POWER INNOVATIONS: Maxwell Sues Over Electricians' Unpaid Wages --------------------------------------------------------------- JAMES MAXWELL, individually and on behalf of all others similarly situated, Plaintiff v. POWER INNOVATIONS, INC., KIMBERLY KELLY, SCOTT KELLY, and ELEASHA PIONTEK, Defendants, Case No. 2:23-cv-01493-MRH (W.D. Pa., August 18, 2023) is a class action against the Defendants for unpaid wages, specifically those that were withheld to be deposited into a 401(k) retirement account, along with reasonable returns on the unpaid wages pursuant to the Wage Payment and Collection Law, the Securities Exchange Act of 1934, the Racketeer Influenced and Corrupt Organizations Act, the Employee Retirement Income Security Act, and Pennsylvania Common Law. Mr. Maxwell began working for Power Innovations as an electrician on January 15, 2023. Power Innovations, Inc. is a provider of power management solutions, located at 2725 Walnut Street, McKeesport, Pennsylvania. [BN] The Plaintiff is represented by: Justin M. Bahorich, Esq. Joshua P. Ward, Esq. J.P. WARD AND ASSOCIATES, LLC The Rubicon Building 201 South Highland Avenue, Suite 201 Pittsburgh, PA 15206 POWERSCHOOL HOLDINGS: Collects Students' Private Info, Suit Says ---------------------------------------------------------------- Q.J., a minor, through his parent and legal guardian, J.J., individually and on behalf of all others similarly situated, Plaintiff v. POWERSCHOOL HOLDINGS LLC; HOBSONS, INC.; HEAP INC.; BOARD OF EDUCATION OF THE CITY OF CHICAGO, commonly known as CHICAGO PUBLIC SCHOOLS; UNKNOWN EMPLOYEES AND OFFICERS OF POWERSCHOOL HOLDINGS LLC; UKNOWN EMPLOYEES AND OFFICERS OF HOBSONS, INC.; and UNKNOWN EMPLOYEES AND OFFICERS OF HEAP INC., Defendants, Case No. 1:23-cv-05689 (N.D. Ill., August 18, 2023) is a class action against the Defendants for violations of the Fourth Amendment, the California Invasion of Privacy Act, Stored Communications Act, and the Illinois Eavesdropping Act, and for intrusion upon seclusion, conspiracy to deprive constitutional rights, policy and practice claim, breach of contract, negligence, unjust enrichment, and respondeat superior. According to the complaint, the Defendants routinely and systematically violated the students' constitutional, statutory, and common-law privacy rights by collecting and obtaining sensitive and confidential personal information about students, including education and school student records and the information contained therein, through the Naviance, an education platform. Unbeknownst to the Plaintiff and Class members, their actions, interactions, data transmissions and communications while accessing and navigating the Naviance platform were surreptitiously intercepted, monitored, captured, and recorded by the Defendants, says the suit. Hobsons, Inc. is a software company based in Ohio. PowerSchool Holdings LLC is a software company based in California. Heap Inc. is a digital insights platform, with its principal place of business located in San Francisco, California. Board of Education of the City of Chicago, commonly known as Chicago Public Schools, is a body politic and corporate organized under the laws of the State of Illinois with its principal place of business located in Chicago, Illinois. [BN] The Plaintiff is represented by: Scott R. Drury, Esq. DRURY LEGAL, LLC 6 Carriage Lane Highwood, IL 60040 Telephone: (312) 358-8225 E-mail: scott@drurylegal.com PRIMO HOME: Faces Montero Wage-and-Hour Suit in S.D.N.Y. -------------------------------------------------------- BRYAN MONTERO and DAMIAND VILLA, individually and on behalf of all others similarly situated, Plaintiffs v. PRIMO HOME SERVICES INSTALLATION INC. and BRAULIO RODRIGUEZ, Defendants, Case No. 1:23-cv-07340 (S.D.N.Y., August 18, 2023) is a class action against the Defendants for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay overtime wages, failure to pay minimum wages, failure to provide wage notice, and failure to provide wage statements. Mr. Montero was employed by the Defendants from February 20, 2023 until May 15, 2023. Mr. Villa was employed by the Defendants from April 2019 until April 15, 2023. Primo Home Services Installation Inc. is an installation services provider, with a principal executive office in New York, New York. [BN] The Plaintiffs are represented by: Janelle J Romero, Esq. GEN ESQ LAW PLLC 515 Madison Avenue #8140 New York, NY 10022 Telephone: (201) 503-7754 RBS SHOE CORPORATION: Cromitie Files ADA Suit in S.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against RBS Shoe Corporation. The case is styled as Seana Cromitie, on behalf of herself and all others similarly situated v. RBS Shoe Corporation, Case No. 1:23-cv-07679 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. RBS Shoe Corporation offers performance and sport-inspired lifestyle products in categories such as football, running, training and fitness, golf and motorsports.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com ROMAX GROUP: Garcia Sues Over Unpaid Overtime Wages --------------------------------------------------- Darwin Leobaldo Zapata Garcia, individually and on behalf of others similarly situated v. ROMAX GROUP INC (D/B/A ROMAX), ROBERTO LOPEZ GOMEZ, MAXIMILIANO LOPEZ GOMEZ, and LUZ DARY GOMEZ, Case No. 1:23-cv-06424 (E.D.N.Y., Aug. 28, 2023), is brought for unpaid overtime wages pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), and for violations of the N.Y. Labor Law (the "NYLL"), including applicable liquidated damages, interest, attorneys' fees and costs The Plaintiff worked for the Defendants in excess of 40 hours per week, without appropriate overtime compensation for the hours that he worked. Rather, the Defendants failed to maintain accurate recordkeeping of the hours worked, and failed to pay the Plaintiff appropriately for any hours worked, either at the straight rate of pay or for any additional overtime premium. Furthermore, the Defendants failed to pay the Plaintiff wages on a timely basis. In this regard, Defendants have failed to provide timely wages to the Plaintiff the Defendants' conduct extended beyond the Plaintiff to all other similarly situated employees. The Defendants maintained a policy and practice of requiring the Plaintiff and other employees to work in excess of 40 hours per week without providing the overtime compensation required by federal and state law and regulations, says the complaint. The Plaintiff was employed as a construction worker at the construction corporation. The Defendants owned, operated, or controlled a construction corporation, located in Howard Beach, New York, under the name "Romax."[BN] The Plaintiff is represented by: Catalina Sojo, Esq. CSM LEGAL, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Phone: (212) 317-1200 Facsimile: (212) 317-1620 S.E.S.A. FLEET: Faces Salinas Suit Over Unpaid Wages for Mechanics ------------------------------------------------------------------ SAUL SALINAS, individually and on behalf of all others similarly situated, Plaintiff v. S.E.S.A. FLEET SERVICES, LLC, Defendant, Case No. 7:23-cv-00279 (S.D. Tex., August 22, 2023) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act and failure to pay all wages under the Pennsylvania Wage Payment and Collection Laws. Mr. Salinas worked for SESA as a mechanic in Pennsylvania from approximately November 2014 until May 2022. S.E.S.A. Fleet Services, LLC is a provider of fleet maintenance services, headquartered in Texas. [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 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Telephone: (713) 877-8788 E-mail: rburch@brucknerburch.com SICKAFUS SHEEPSKINS: Jones Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Sickafus Sheepskins, Inc. The case is styled as Damon Jones, on behalf of himself and all others similarly situated v. Sickafus Sheepskins, Inc., Case No. 1:23-cv-07623 (S.D.N.Y., Aug. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Sickafus Sheepskins, Inc. -- https://www.sickafus.com/ -- offers beautiful, warm and cozy sheepskin coats, hats, slippers and 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 STATE FARM: Miscalculates Insureds' COI Rates, Niewinski Alleges ---------------------------------------------------------------- LORIN NIEWINSKI, JOHN BAKER MCCLANAHAN, as personal representative of THE ESTATE OF MELISSSA BUCHANAN, ROBERT A. BOZAICH, RONNIE JACKSON, and SHERIF B. BOTROS, individually and on behalf of all others similarly situated, Plaintiffs v. STATE FARM LIFE INSURANCE COMPANY and STATE FARM LIFE AND ACCIDENT ASSURANCE COMPANY, Defendants, Case No. 2:23-cv-04159-BP (W.D. Mo., August 21, 2023) is a class action against the Defendants for breach of contract, breach of the covenant of good faith and fair dealing, conversion, and declaratory and injunctive relief. The case arises from the Defendants' practice of charging and collecting fees from the Plaintiffs and other similarly situated owners of life insurance policies in excess of amounts authorized by the express terms of these policies. The Plaintiffs allege the Defendants are contractually bound to deduct from the cash value only those charges that are explicitly identified and authorized by the terms of the policies, which are fully integrated agreements. By calculating the Cost of Insurance (COI) rates in a manner that violates the express terms of the policies, the Defendants cause the Plaintiffs' and the Class members' cash values to be lower than they otherwise would have been had the Defendants properly determined the COI rates. The Plaintiffs, individually and on behalf of members of the Class, seek to recover amounts they allege the Defendants have wrongfully taken from them and other owners of the policies across the United States. State Farm Life Insurance Company is a life insurance company, with its principal place of business in Bloomington, Illinois. State Farm Life and Accident Assurance Company is a life insurance company, with its principal place of business in Bloomington, Illinois. [BN] The Plaintiffs are represented by: Norman E. Siegel, Esq. Ethan M. Lange, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 Facsimile: (816) 714-7101 E-mail: siegel@stuevesiegel.com lange@stuevesiegel.com - and - John J. Schirger, Esq. Matthew W. Lytle, Esq. Joseph M. Feierabend, Esq. MILLER SCHIRGER, LLC 4520 Main Street, Suite 1570 Kansas City, MO 64111 Telephone: (816) 561-6500 Facsimile: (816) 561-6501 E-mail: jschirger@millerschirger.com mlytle@millerschirger.com jfeierabend@millerschirger.com - and - David M. Wilkerson, Esq. THE VAN WINKLE LAW FIRM 11 N. Market Street Asheville, NC 28801 Telephone: (828) 258-2991 Facsimile: (828) 257-2767 E-mail: dwilkerson@vwlawfirm.com - and - Melinda R. Coolidge, Esq. Nathaniel C. Giddings, Esq. HAUSFELD LLP 1700 K. Street, NW Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 E-mail: mcoolidge@hausfeld.com ngiddings@hausfeld.com - and - Sophia Goren Gold, Esq. KALIEL GOLD PLLC 950 Gilman St., Ste. 200 Berkeley, CA 94710 Telephone: (202) 350-4783 E-mail: sgold@kalielpllc.com STRENGTH20 LLC: Sanchez Suit Seeks Unpaid Wages for Security Guards ------------------------------------------------------------------- TOMAS SANCHEZ and TRENT BARKER, on behalf of themselves and all others similarly situated, Plaintiffs v. STRENGTH20 LLC and ROMMEL A. ARIZA, Defendants, Case No. 2:23-cv-00655 (M.D. Fla., August 22, 2023) is a class action against the Defendants for failure to pay minimum wages and overtime wages in violation of the Fair Labor Standards Act and for breach of contract and unjust enrichment. The Plaintiffs worked as non-exempt hourly paid security guards from October 2022 through November 2022. Strength20, LLC is a limited liability company, with its principal office in Polk County, Florida. [BN] The Plaintiffs are represented by: Angeli Murthy, Esq. MORGAN & MORGAN, P.A. 8151 Peters Rd., 4th Floor Plantation, FL 33324 Telephone: (954) 318-0268 Facsimile: (954) 327-3016 E-mail: Amurthy@forthepeople.com SUNRISE RESTAURANTS: Melgar Sues Over Unpaid Minimum Wages & Tips ----------------------------------------------------------------- Hansel Melgar, individually, and on behalf of all others similarly situated v. Sunrise Restaurants, LLC, a Nebraska limited liability company; and Roland Spongberg and Jane Doe Spongberg, a married couple, Case No. 4:23-cv-00406-EJM (D. Ariz., Aug. 29, 2023), is brought for unpaid minimum wages and tips, liquidated damages, attorneys' fees, costs, and interest under the Fair Labor Standards Act ("FLSA") on behalf of current and former employees of Defendants who worked as tipped employees and whose tips were not fully dispersed to them as required by the FLSA. The Defendants have operated pursuant to a policy and practice of intentionally not allowing Plaintiff and similarly situated employees to retain all tips they earned as required by the FLSA. Pursuant to this practice, Defendants have willfully failed or refused to disperse to Plaintiff and similarly situated employees to retain all tips earned as required by the FLSA. In willfully failing or refusing to allow Plaintiff and similarly situated employees to retain all tips earned as required by the FLSA, Defendants have violated the minimum wage and tipped employee provisions, says the complaint. The Plaintiff was hired by the Defendants to work for them as a server at the Denny's restaurant in 2015. The Defendants own, operate, or otherwise manage a chain of Denny's restaurants with multiple locations company in the Tucson Metropolitan Area.[BN] The Plaintiff is represented by: Clifford P. Bendau, II, Esq. Christopher J. Bendau, Esq. BENDAU & BENDAU PLLC P.O. Box 97066 Phoenix, AZ 85060 Phone: (480) 382-5176 Facsimile: (480) 304-3805 Email: cliffordbendau@bendaulaw.com chris@bendaulaw.com SWORDS TO PLOWSHARES: Williams Files Suit in Cal. Super. Ct. ------------------------------------------------------------ A class action lawsuit has been filed against Swords to Plowshares: Veterans Rights Organization, et al. The case is styled as Phelicia Williams, an individual, on behalf of herself and on behalf of all persons similarly situated v. Swords to Plowshares: Veterans Rights Organization, Does 1 through 50, inclusive, Case No. CGC23608674 (Cal. Super. Ct., San Francisco Cty., Aug. 28, 2023). The case type is stated as "Other Non-Exempt Complaints." Swords to Plowshares -- https://www.swords-to-plowshares.org/ -- is a Bay Area-based nonprofit organization dedicated to supporting all veterans every step of the way.[BN] The Plaintiff is represented by: Nicholas James Blouw, Esq. BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW 2255 Calle Clara La Jolla, CA 92037-3107 Phone: 858-952-0354 Fax: 858-551-1232 Email: DeBlouw@bamlawca.com TEXAS GROUNDWORKS: Navarrete Sues Over Unpaid Overtime Wages ------------------------------------------------------------ Jose Enrique Navarrete, individually and on behalf of others similarly situated v. Texas Groundworks Management, Inc. and Froylan Nino, Individually, Case 4:23-cv-03182 (S.D. Tex., Aug. 29, 2023), is brought against Defendants to recover unpaid overtime that is required by the Fair Labor Standards Act ("FLSA"). The Defendants have a business plan that includes paying non-exempt hourly employees the same hourly rate for all hours worked, even those hours over 40 per workweek. In addition, Defendants do not pay their workers for all the hours that they work. Defendants' failure to pay for all hours worked and failure to pay the overtime premium required by law allows them to gain an unfair advantage over competitors who follow the law in their employment practices. The Plaintiff is one of the workers hired by Defendants as an hourly employee, not paid for all of his hours and not paid overtime pay. Plaintiff regularly worked more than 40 hours per week. The Defendants paid Navarrete on an hourly basis. Defendants did not pay Navarrete an overtime premium for any of the hours he worked over 40 in a workweek. Instead, Defendants paid Navarrete the same hourly rate for all the hours he worked ("straight time"). In addition to being paid straight time for all hours, Defendants did not pay Navarrete for all the hours he worked ("off-the clock"), says the complaint. The Plaintiff worked for the Defendants as a landscaping laborer and supervisor from April of 2022 until July 31, 2023. Texas Groundworks Management, Inc. is a Texas corporation.[BN] The Plaintiff is represented by: Josef F. Buenker, Esq. THE BUENKER LAW FIRM P.O. Box 10099 Houston, Texas 77206 Phone: 713-868-3388 Facsimile: 713-683-9940 Email: jbuenker@buenkerlaw.com TOTAL HOME: Mayancela Sues Over Unpaid Overtime Wages ----------------------------------------------------- Christian Mayancela and John Ramirez, on behalf of themselves and all others similarly situated v. TOTAL HOME IMPROVEMENT SERVICES INC., KVL PAINTING SERVICES CORP., JOHN DOE CORPS., and JIMMY ANDRADE, Case NO. 1:23-cv-07680 (S.D.N.Y, Aug. 29, 2023), is brought to recover unpaid overtime wages, liquidated damages, statutory damages, pre- and post-judgment interest, and attorneys' fees and costs under the Fair Labor Standards Act ("FLSA"), the New York Labor Law ("NYLL"), and the New York State Wage Theft Prevention Act ("WTPA"). The Defendants misclassified Mayancela as an independent contractor and Ramirez as a subcontractor's employee to avoid paying them legally required overtime wages, even though the Plaintiffs regularly worked over forty hours per workweek throughout their respective employment periods. Defendants also failed to provide Plaintiffs with accurate wage statements with each payment of their wages, says the complaint. The Plaintiffs are employed by the Defendants as carpenters and painters. Total Home Improvement Services Inc. is a "full-service, high end general contractors and home builders in New York City."[BN] The Plaintiff is represented by: Louis Pechman, Esq. Gianfranco J. Cuadra, Esq. Camille A. Sanchez, Esq. PECHMAN LAW GROUP PLLC 488 Madison Avenue - 17th Floor New York, NY 10022 Phone: (212) 583-9500 Email: pechman@pechmanlaw.com cuadra@pechmanlaw.com sanchez@pechmanlaw.com TRIBUNE PUBLISHING: Arnold Suit Removed to N.D. Illinois -------------------------------------------------------- The case captioned as Pat Arnold, on behalf of himself and others similarly situated v. TRIBUNE PUBLISHING COMPANY, LLC, Case No. 2023CH06877 was removed from the Circuit Court of Cook County, Illinois, to the United States District Court for the Northern District of Illinois on Aug. 28, 2023, and assigned Case No. 1:23-cv-06310. The Plaintiff alleges that Tribune charged subscribers of print editions of Tribune's newspapers throughout the United States excess amounts for "materials already included in their subscriptions," deducted those charges from subscribers' subscription fees, and thus shortened subscribers' subscription periods. The Plaintiff asserts three counts in the Complaint, for alleged violation of the Illinois Consumer Fraud and Deceptive Business Practices Act ("ICFA"), Unjust Enrichment, and Declaratory Judgment.[BN] The Defendants are represented by: Jonathan H. Claydon, Esq. Aaron Klein, Esq. GREENBERG TRAURIG, LLP 77 West Wacker Drive, Suite 3100 Chicago, IL 60601 Phone: 312-456-8400 Facsimile: 312-456-8435 Email: claydonj@gtlaw.com aaron.klein@gtlaw.com TRINSEO PLC: Continues to Defend Bristoll Spill-Related Class Suit ------------------------------------------------------------------ Trinseo PLC disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2023 filed with the Securities and Exchange Commission on August 4, 2023, that the Company continues to defend the Bristol Spill-related class suit in the United States District Court for the Eastern District of Pennsylvania. On March 29, 2023, a putative class action complaint was filed which seeks to certify a class that could potentially include all persons and entities that reside in the area served by the Baxter Drinking Water Treatment Plant. The plaintiffs allege claims of breach of duty of care based on negligence as a result of the Bristol Spill, as well as other causes of action, and seek compensatory damages, restitution, or refund of damages, including actual, statutory, and punitive damages, as well as injunctive relief. On May 12, 2023, the Company filed notice to remove the case from Pennsylvania state court to United States District Court for the Eastern District of Pennsylvania, with immediate effect. On May 19, 2023, the Company also filed a motion to dismiss with the U.S. district court, on the grounds that the alleged harms do not fall within the parameters of the relevant public and private nuisance or negligence laws. On June 2, 2023, plaintiffs objected to federal jurisdiction and asked the court to remand the action to state court. Given the early stage of this matter, the Company wasn't not able to estimate whether a material loss to our business is probable or remote, or estimate a potential range of loss, if any. The Company intends to vigorously defend this action. Trinseo Public Limited Company operates as a materials solutions provider and manufacturer of plastics, latex binders, and synthetic rubber. The Company offers engineered materials, Americas styrenics, feedstocks, polystyrene, and base plastics.edical TYSON FOODS: Broiler Antitrust Class Suit Scope Narrowed -------------------------------------------------------- Tyson Foods Inc. disclosed in its Form 10-Q Report for the quarterly period ending July 1, 2023 filed with the Securities and Exchange Commission on August 10, 2023, that the scope of the broiler antitrust class suit faced by the company is narrowed down during the first trial after the court granted and denied in part the summary judgment motions on June 30, 2023. Beginning in September 2016, a series of putative federal class action lawsuits styled In re Broiler Chicken Antitrust Litigation (the "Broiler Antitrust Civil Litigation") were filed in the United States District Court for the Northern District of Illinois against the Company and certain of its poultry subsidiaries, as well as several other poultry processing companies. The operative complaints, which have been amended throughout the litigation, contain allegations that, among other things, assert that beginning in January 2008, the defendants conspired and combined to fix, raise, maintain, and stabilize the price of broiler chickens in violation of United States antitrust laws. The plaintiffs also allege that defendants "manipulated and artificially inflated a widely used Broiler price index, the Georgia Dock." The plaintiffs further allege that the defendants concealed this conduct from the plaintiffs and the members of the putative classes. The plaintiffs seek treble damages, injunctive relief, pre- and post-judgment interest, costs, and attorneys' fees on behalf of the putative classes. In addition, the complaints on behalf of the putative classes of indirect purchasers include causes of action under various state unfair competition laws, consumer protection laws, and unjust enrichment common laws. Since the original filing, certain putative class members have opted out of the matter and are proceeding with individual direct actions making similar claims, and others may do so in the future. The first trial in this matter, which will involve claims brought by the Direct Purchaser Plaintiff Class and certain direct-action plaintiffs, is scheduled to begin on September 12, 2023. On June 30, 2023, the court granted, in part, and denied, in part, summary judgment motions the Company had filed and joined, narrowing the scope of the claims the Company is facing in this first trial. TYSON FOODS, INC. produces, distributes, and markets chicken, beef, pork, prepared foods, and related allied products. The Company's products are marketed and sold to national and regional grocery retailers, regional grocery wholesalers, meat distributors, warehouse club stores, military commissaries, and industrial food processing companies. [BN] TYSON FOODS: Continues to Defend Peterson Class Suit ---------------------------------------------------- Tyson Foods Inc. disclosed in its Form 10-Q Report for the quarterly period ending July 1, 2023 filed with the Securities and Exchange Commission on August 10, 2023, that the Company continues to defend itself from the Peterson class suit in the United States District Court for the District of Minnesota. On April 26, 2019, a putative class of indirect purchasers filed a class action complaint against the Company, other beef packers, and Agri Stats in the United States District Court for the District of Minnesota. The plaintiffs allege that the packer defendants conspired to reduce slaughter capacity by closing or idling plants, limiting their purchases of cash cattle, coordinating their procurement of cash cattle, and reducing their slaughter numbers so as to reduce beef output, all in order to artificially raise prices of beef. The plaintiffs seek, among other things, damages under state antitrust and consumer protection statutes and the common law of approximately 30 states, as well as injunctive relief. The indirect consumer purchaser litigation is styled Peterson v. JBS USA Food Company Holdings, et al. Additional complaints have been filed on behalf of a putative class of direct purchasers of beef containing allegations of violations of Section 1 of the Sherman Act based on an alleged conspiracy to artificially fix, raise, and stabilize the wholesale price for beef, as well as on behalf of a putative class of commercial and institutional indirect purchasers of beef containing allegations of violations of Section 1 of the Sherman Act, various state antitrust laws and unjust enrichment based on an alleged conspiracy to artificially inflate the price for beef. On February 18, 2021, the Company moved to dismiss the plaintiffs' amended complaints, and on September 14, 2021, the court granted the motion with respect to certain state law claims but denied the motion with respect to the plaintiffs' federal antitrust claims. Since the original filing, certain putative class members have opted out of the matter and are proceeding with individual direct actions making similar claims, and others may do so in the future. The Company has not recorded any liability for this matter as it does not believe a loss is probable or reasonably estimable at this time because the Company believes that it has valid and meritorious defenses against the allegations and because the classes have not yet been defined or certified by the court. TYSON FOODS, INC. produces, distributes, and markets chicken, beef, pork, prepared foods, and related allied products. The Company's products are marketed and sold to national and regional grocery retailers, regional grocery wholesalers, meat distributors, warehouse club stores, military commissaries, and industrial food processing companies. [BN] UMA EDUCATION: Underpays Inside Sales Representatives, Lewis Claims ------------------------------------------------------------------- KELLON LEWIS, individually and on behalf of all others similarly situated, Plaintiff v. UMA EDUCATION INC., d/b/a ULTIMATE MEDICAL ACADEMY, Defendant, Case No. 8:23-cv-01876 (M.D. Fla., August 18, 2023) is a class action against the Defendant for its failure to pay overtime wages in violation of the Fair Labor Standards Act. Mr. Lewis worked for the Defendant as an inside sales representative under the title of Career Services Advisor during the period of December 2022 until April 21, 2023. UMA Education Inc., doing business as Ultimate Medical Academy, is a nonprofit healthcare educational institution, with its principal place of business located in Tampa, Florida. [BN] The Plaintiff is represented by: Mitchell L. Feldman, Esq FELDMAN LEGAL GROUP 6916 W. Linebaugh Ave. #101 Tampa, FL 33625 Telephone: (813) 639-9366 Facsimile: (813) 639-9376 E-mail: mfeldman@flandgatrialattorneys.com UNITEDLEX CORPORATION: Behrendt Suit Transferred to D. Kansas ------------------------------------------------------------- The case styled as Adam Behrendt, on behalf of himself and all others similarly situated v. UnitedLex Corporation, Case No. 4:23-cv-00434 was transferred from the U.S. District Court for the Western District of Missouri, to the U.S. District Court for the District of Kansas on Aug. 28, 2023. The District Court Clerk assigned Case No. 2:23-cv-02371-HLT-GEB to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. UnitedLex Corporation -- https://unitedlex.com/ -- provides consulting services. The Company offers services such as litigation support, project management, law firm solutions, intellectual property, data hosting, and legal staffing.[BN] The Plaintiff is represented by: Abby E. McClellan Paradise, Esq. John Austin Moore, Esq. Norman Eli Siegel, Esq. Stueve Siegel Hanson, LLP - KC 460 Nichols Road, Suite 200 Kansas City, MO 64112 Phone: (816) 714-7100 Fax: (816) 714-7101 Email: mcclellan@stuevesiegel.com moore@stuevesiegel.com siegel@stuevesiegel.com - and - Bryce B. Bell, Esq. Jenilee V. Zentrich, Esq. BELL LAW, LLC 2600 Grand Blvd., Suite 580 Kansas City, MO 64108 Phone: (816) 886-8206 Fax: (816) 817-8500 Email: bryce@BellLawkc.com jz@belllawkc.com - and - Eric D. Barton, Esq. WAGSTAFF & CARTMELL, LLP 4740 Grand Avenue, Suite 300 Kansas City, MO 64112 Phone: (816) 701-1100 Fax: (816) 531-2372 Email: ebarton@wcllp.com The Defendant is represented by: Mitchell E. Wood, Esq. HALBROOK WOOD, PC 3500 W. 75th Street, Suite 300 Prairie Village, KS 66208 Phone: (913) 529-1164 Fax: (913) 529-1199 Email: mwood@halbrookwoodlaw.com VIA ALLORO: Pardo Seeks Unpaid Overtime Wages for Food Runners -------------------------------------------------------------- DANIEL PARDO, individually and on behalf of all others similarly situated, Plaintiff v. VIA ALLORO INC. (DBA ANGELINA'S RESTAURANT) and ANGELA MALERBA, Defendants, Case No. 1:23-cv-06292 (E.D.N.Y., August 22, 2023) is a class action against the Defendants for failure to pay minimum and overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law. The Plaintiff was employed as a food runner at Angelina's Restaurant's offices at 399 Ellis St., Staten Island, New York from approximately August 2020 until October 2022. Via Alloro Inc. is the owner and operator of Angelina's Restaurant located at 399 Ellis St., Staten Island, New York. [BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 WESTERN DIGITAL: Solid-State Drives "Defective," Pousa Alleges -------------------------------------------------------------- EMILIO POUSA, individually and on behalf of all others similarly situated, Plaintiff v. WESTERN DIGITAL TECHNOLOGIES, INC. and DOES 1-10, Defendants, Case No. 5:23-cv-04281-VKD (N.D. Cal., August 22, 2023) is a class action against the Defendants for breach of contract, breach of express warranties, breach of implied warranties of merchantability and fitness for particular purpose, common counts, and violation of the California Business and Professions Code. The case arises from the Defendants' alleged design, marketing, and distribution of defective Western Digital solid-state drives. According to the complaint, the SSDs are suddenly, and without warning, wiping data and, in some cases, becoming unreadable. In other words, the SSDs suddenly become worthless. After months of inaction, Defendant Western Digital admitted that the SSDs had a firmware problem and released a firmware update that purported to resolve issues on some of the SSDs that are regularly failing customers. However, Western Digital's purported fix has not resolved anything and consumers continue to have their products fail, causing them to lose the valuable data they stored on the SSDs, and defeating the purpose of owning an SSD in the first place. As a result, the Plaintiff and Class members did not receive the goods as impliedly warranted by the Defendants to be merchantable, says the suit. Western Digital Technologies, Inc. is a company that develops and manufactures storage solutions, with its principal place of business in San Jose, California. [BN] The Plaintiff is represented by: Alan M. Mansfield, Esq. WHATLEY KALLAS, LLP 16870 W. Bernardo Drive, Suite 400 San Diego, CA 92127 Telephone: (619) 308-5034 E-mail: amansfield@whatleykallas.com WESTPOINT HOME: Zinnamon Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Westpoint Home, LLC. The case is styled as Warren Zinnamon, on behalf of himself and all others similarly situated v. Westpoint Home, LLC, Case No. 1:23-cv-07662 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. WestPoint Home, Inc. -- http://www.westpointhome.com/-- is a supplier of fashion and core home textile products.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com YEAR OF OURS: Luis Files ADA Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against Year Of Ours, Inc. The case is styled as Kevin Yan Luis, individually and on behalf of all others similarly situated v. Year Of Ours, Inc., Case No. 1:23-cv-07654 (S.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Year of Ours -- https://yearofours.com/ -- focuses on fit, performance and contemporary designs intended to be multi-functional, reflecting the demands of the dynamic and modern woman.[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 Asbestos Litigation ASBESTOS UPDATE: Avon Products Has 275 Cases Pending as of June 30 ------------------------------------------------------------------ Natura &Co Holding S.A.'s subsidiary, Avon Products, Inc., as of June 30, 2023, has reported 275 individual cases pending (during the six-month period ended June 30, 2023, 108 new cases were started and 61 were dismissed, settled or otherwise resolved), according to the Company's Form 6-K filing with the U.S. Securities and Exchange Commission. The Company states, "The subsidiary Avon Products, Inc., has been named a defendant in numerous personal injury lawsuits filed in U,S, courts, alleging that certain talc products the company sold in the past were contaminated with asbestos. "Many of these actions involve a number of co-defendants, including manufacturers of cosmetics and manufacturers of other products that, unlike the subsidiary Avon's Products, were designed to contain asbestos. As of June 30, 2023, there were 275 individual cases pending against the subsidiary Avon (during the six-month period ended June 30, 2023, 108 new cases were started and 61 were dismissed, settled or otherwise resolved)." A full-text copy of the Form 6-K is available at http://tinyurl.com/bdf2y2th ASBESTOS UPDATE: CIRCOR Int'l. Still Faces Product Liability Claims ------------------------------------------------------------------- Asbestos-related product liability claims continue to be filed against two of CIRCOR International, Inc.'s subsidiaries: CIRCOR Instrumentation Technologies, Inc. (f/k/a Hoke, Inc.), the stock of which the Company acquired in 1998, and Spence Engineering Company, Inc., the stock of which the Company acquired in 1984, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Hoke subsidiary was divested in January 2020 through the sale of the I&S business. However, the Company has indemnified the buyer for asbestos-related claims that are made against Hoke. Due to the nature of the products supplied by these entities, the markets they serve and the Company's historical experience in resolving these claims, the Company does not expect that these asbestos-related claims will have a material adverse effect on the financial condition, results of operations or liquidity of the Company. During the second quarter of 2021, the Company was notified of a contract termination by one of its Industrial segment customers. The basis for termination is under dispute and the ultimate outcome of this matter is uncertain. During the fourth quarter of 2021, the Company recorded a full allowance against the outstanding receivables resulting in a charge of $6.3 million. The Company also has outstanding guarantees of its performance under the contract in the aggregate amount of $3.4 million. Further, the Company is exposed to claims from sub-contractors for contract termination. During the fourth quarter of 2022, a settlement agreement was reached for $4.5 million which was paid by the Company during the first half of 2023. A full-text copy of the Form 10-Q is available at http://tinyurl.com/42x9f2xd ASBESTOS UPDATE: FG Group Defends Personal Injury Lawsuits ---------------------------------------------------------- FG Group Holdings, Inc., is named as a defendant in personal injury lawsuits based on alleged exposure to asbestos-containing materials, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. A majority of the cases involve product liability claims based principally on allegations of past distribution of commercial lighting products containing wiring that may have contained asbestos. Each case names dozens of corporate defendants in addition to FG Group Holdings. In FG Group Holdings experience, a large percentage of these types of claims have never been substantiated and have been dismissed by the courts. FG Group Holdings has not suffered any adverse verdict in a trial court proceeding related to asbestos claims and intends to continue to defend these lawsuits. Under the FG Group Holdings Asset Purchase Agreement, the Company agreed to indemnify FG Group Holdings for future losses, if any related to current product liability or personal injury claims arising out of products sold or distributed in the U.S. by the operations of the businesses being transferred to the Company in the Separation, in an aggregate amount not to exceed $250,000 per year, as well as to indemnify FG Group Holdings for all expenses (including legal fees) related to the defense of such claims. As of June 30, 2023, the Company has a loss contingency reserve of approximately $0.2 million, which represents the Company's estimate of its potential losses related to the settlement of open cases. During 2022 and the first half of 2023, the FG Group Holdings settled three cases, which resulted in payments totaling $53,000. When appropriate, the FG Group Holdings may settle additional claims in the future. The Company does not expect the resolution of these cases to have a material adverse effect on its consolidated financial condition, results of operations or cash flows. A full-text copy of the Form 10-Q is available at http://tinyurl.com/434adupa ASBESTOS UPDATE: GlassBridge Defends Exposure Claims ---------------------------------------------------- Jimmie D. Dean and Evelyn Dean filed an action against GlassBridge Enterprises, Inc., and dozens of other defendants in the 12th Judicial Circuit Court, St. Clair County Illinois (23 LA 0395) asserting claims related to asbestos, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. Plaintiff alleged that the Company negligently constructed and/or maintained its premises and that Plaintiff was wrongfully exposed to asbestos-containing products while on its premises. Plaintiff further alleged that such activity was a direct and proximate cause of his development and contraction of an asbestos-related disease, including Lung Cancer. Damages alleged are in excess of $50,000. The claim is being made against the Company due to its acquisition of certain assets of Memorex International Inc. in 2006. Such acquisition specifically excluded any undisclosed and contingent liabilities including any litigation that was commenced after closing. Accordingly, counsel to the Company has contacted plaintiff's counsel to request a voluntary dismissal from the action. As of June 30, 2023, the Company believes that an outcome resulting in a loss is remote and does not have any accruals related to the matter. A full-text copy of the Form 10-Q is available at http://tinyurl.com/546npyc7 ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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