/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/230911.mbx C L A S S A C T I O N R E P O R T E R Monday, September 11, 2023, Vol. 25, No. 182 Headlines ADRIA INFRASTRUCTURE: Gotham Sues Over Supplies' Unpaid Balance Due ADVOCATE AURORA: Settles Data Breach Class Suit for $12.25-Mil. AFNI INC: Settles Class Action Suit for $1.9M Over Data Breach AGRO RESEARCH: Bid to Extend Expert Discovery Deadlines Tossed ALLIANCE SERVICES: Birdsong Sues Over Unlawful Labor Practices ANDREW M. CUOMO: Ferrari Files Suit in S.D. New York AQUATIC WAREHOUSE: DiMeglio Files ADA Suit in S.D. New York ARIZONA BOARD: Alozie Sues Over Retaliation and Discrimination ATERIAN INC: Settles Consumers' Suit for $800,000 Over False Ads BANK OF AMERICA: Lu Seeks Proper Overtime Premium Pay BRITISH COLUMBIA: Class Suit Over Unlicensed Nurses Certified DZS INC: Faces Cody Suit Over Securities Law Violations ENTERTAINMENT PARTNERS: Faces Goff Suit Over Alleged Data Breach FENWICK & WEST: Cabo Sues Over Civil Conspiracy and Fraud FIDELITY & GUARANTY: Fails to Protect Personal Info, Ahmed Says FISKER INC: Faces Gilbert Suit Over Breach of Fiduciary Duties FORD MOTOR: Dolan Sues Over Undisclosed Transmission Defects FRANKLIN MINT FEDERAL: Bronson Sues Over Alleged Data Breach GOLDMAN SACHS: Bright Health IPO Securities Suit Ongoing GOLDMAN SACHS: Coupang IPO Securities Suit Ongoing GOLDMAN SACHS: Court Junks Securities Suit in New York GOLDMAN SACHS: Faces Securities Suit Over ContextLogic IPO GOLDMAN SACHS: Faces Securities Suit Over GoHealth IPO GOLDMAN SACHS: Faces Securities Suit Over Stock Offering GOLDMAN SACHS: Faces Securities Suit Over Vroom's IPO GOLDMAN SACHS: Faces Securities Suit Over Zymergen's IPO GOLDMAN SACHS: FIGS IPO Securities Suit Ongoing HAWAIIAN ELECTRIC: Bids for Lead Plaintiff Appointment Due Oct. 23 HOSPITALITY STAFFING: Flower Sues Over Unprotected Personal Info JETBLUE AIRWAYS: Wins Class Suit Over Session-Replay Software KOFFEE KUP: Judge Rules in Favor of Employees Over WARN Violation LEADING EDGE: Fields, Sarigumba Seek Proper Overtime Wages LOS ANGELES, CA: Craig Alleges Military Status' Discrimination MARISCOS RAMIREZ: Fails to Pay Proper Wages to Servers, Baez Claims MEMORIAL HEART: Fails to Protect Private Info, Edwards Suit Says NAPCO SECURITY: Holzer & Holzer Reminds of Oct. 30 Deadline NEXT INSURANCE: Harris Sues Over Illegal Debt Collection Practices NUCOR CORP: Fails to Protect Personal Info, Burleson Claims PACIFIC COAST: Correa Sues Over Misleading Food Product Labels PACIFIC OFFICE: Peppers Suit Removed to C.D. California PALANTIR TECH: Consolidated Shareholder Suit on SEC Filings Ongoing PALANTIR TECH: Faces Shareholder Suit on SEC Filing in CO Court PALANTIR TECH: Miao Shareholder Suit on SEC Filing Ongoing in DE PALANTIR TECH: Parmenter Shareholder Suit on SEC Filing Ongoing PARIS FASHION: Dawson Files ADA Suit in S.D. New York PATSY'S ITALIAN: Clement Files ADA Suit in E.D. New York PENSION BENEFIT: Suit Filed in S.D. California PETE'S TAVERN: Clement Files ADA Suit in E.D. New York PINNACLE FRAC: Fails to Pay Proper Overtime Wages, Carr Suit Claims PLEASANT HILL GRAIN: DiMeglio Files ADA Suit in S.D. New York PROFESSIONAL AUDIO: Mercedes Files ADA Suit in S.D. New York PROGRESSIVE CASUALTY: Faces Barbosa Suit Over Data Security Failure PURPOSE FINANCIAL: Jones Files Suit in D. South Carolina R.M. WILLIAMS US NY: Clement Files ADA Suit in E.D. New York RACETRAC INC: Fails to Pay Proper Overtime Wages, Bruce Alleges ROAD MASTER: Fails to Pay Overtime Premiums, Brooks et al. Claim SANTANDER HOLDINGS: Oct. 17 Hearing on Final OK of Settlement Set SANTANDER SECURITIES: Faces Vega-Ortiz Suit in Puerto Rico SEALED AIR CORP: Settlement in Shareholder Suit Gets Final Nod SEAMORE’S ON ICE: Fails to Pay Proper Wages, Chavez Alleges SIMPLY FOOTWEAR: Mercedes Files ADA Suit in S.D. New York SMARTLINX SOLUTION: Faces Class Suit Over Biometric Collection SPIRIT AIRLINES: Settles Suit for $8.25M Over Carry-on Bag Fees SPRINT SOLUTIONS: Buckley Sues Over Mobile Services' False Ads STAN'S BOOTERY: Mercedes Files ADA Suit in S.D. New York STITCH N PRINT: Martin Files ADA Suit in E.D. New York SUNCAKES LLC: Faces Brown Suit Over Unpaid Overtime Wages SUPPZ INC: Mercedes Files ADA Suit in S.D. New York TEMASEK HOLDINGS: Chernyavsky et al. Sue over Securities Fraud TIER-ONE PROPERTY: Faces De Martinez Suit Over Unpaid Wages TMG HEALTH INC: Izbicki Files Suit in E.D. Pennsylvania UNITED PARCEL SERVICE: Beristain Suit Removed to C.D. California UNITED STATES: Conklin Sues Over Nonpayment of Overtime Wages UNITEDLEX CORPORATION: Glusky Suit Transferred to D. Kansas UPHOLD HQ: Court Rejects Motion to Dismiss in Unprotected Info Suit UPS INC: Faces Baker Labor Suit in Washington Court UPS INC: Plaintiffs in Hughes Suit Seek Rehearing VALENTIN & KALICH: Martin Files ADA Suit in E.D. New York VITRIPS LLC: Brockwell Sues Over Property Managers' Unpaid OT VOYAGERS K9 APPAREL: Cromitie Files ADA Suit in S.D. New York WARMEST DEAR: Bradford Files TCPA Suit in S.D. Texas WATCHFINDER NORTH AMERICA: Erkan Files ADA Suit in E.D. New York WEST COAST: DiMeglio Files ADA Suit in S.D. New York WEST MEMPHIS FENCE: Ellison Sues Over Delivery Drivers' Unpaid OT WORKPLACE INC: Chiappiniello Files Suit in D. Connecticut WRIGHT WEIGHT: Mercedes Files ADA Suit in S.D. New York XOOM ENERGY: Mirkin Class Suit Ongoing YOSHINOYA AMERICA: Wong Sues Over Labor Code Violation ZOO MED LABORATORIES: DiMeglio Files ADA Suit in S.D. New York ********* ADRIA INFRASTRUCTURE: Gotham Sues Over Supplies' Unpaid Balance Due ------------------------------------------------------------------- GOTHAM PIPE SUPPLY, LLC, on behalf of itself and all other persons similarly situated as trust fund beneficiaries of Lien Law trusts of which Adria Infrastructure LLC, a trustee, Plaintiff v. ADRIA INFRASTRUCTURE LLC, SLAVKO GAVRILOVIC AND DAMJAN STANIVUKOVIC, Defendants, Case No. 716493/2023 (N.Y., Aug. 9, 2023) arises from the Defendants' failure to pay a balance due of $91, 056.60 for the plumbing supplies sold by Plaintiff on or about and between Aug. 3, 2022 and December 15, 2022. The Plaintiff seeks to recover from the Defendant the legal fees in the amount of $25% of the unpaid balance: $22,764.15. Pursuant to the Article 3A of the Lien Law of the State of New York, the Plaintiff also seeks that the Defendants be directed to render a just and full verified account of the monies received and disbursed by them in connection with trust referred to in this complaint for the period from Aug. 3, 2022 to date in the matter and form as required by lien law. Adria engages in the contracting business, furnishing labor and materials in connection with contracts involving the improvement of public and private property in the State of New York. [BN] The Plaintiff is represented by: Marshall M. Stern, Esq. MARSHALL M. STERN, P.C. 17 Cardiff Court Huntington Station, NY 11746 Telephone: (631) 427-0101 ADVOCATE AURORA: Settles Data Breach Class Suit for $12.25-Mil. --------------------------------------------------------------- Kathryn Rattigan of JD Supra reports that in October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health settled a class action stemming from that data breach for $12.25 million. In its breach notification to patients, Advocate Aurora Health stated that it had used third-party vendors to "measure and evaluate information concerning the trends and preferences of its patients as they use our websites," which means the health care system was sharing IP address, locations, times of appointments, and communications within MyChart with these third parties without necessary consent or for an otherwise permissible purpose under the Health Insurance Portability and Accountability Act (HIPAA). Upon discovery of this disclosure, Advocate Aurora Health conducted an internal investigation to determine the scope of patient information that was being transmitted to its third-party vendors. After the breach notification, many lawsuits were filed and eventually consolidated into a class action complaint. The class action complaint alleged that Advocate Aurora Health's use of tracking pixels on its website "resulted in the invasion of Plaintiffs' and Settlement Class Members' privacy and other alleged common law and statutory violations." The $12.25 million settlement will be distributed to class members and to reimburse attorneys' fees and other expenses. A recent study in Health Affairs found that third-party tracking technologies are being used on 98.6 percent of all U.S. non-federal acute care hospital websites. If your healthcare organization falls into this category, take this settlement and the many other pending pixel class action cases as a reminder to review your website's use of pixels and other tracking technologies and to update your website privacy policies and data collection practices for compliance. [GN] AFNI INC: Settles Class Action Suit for $1.9M Over Data Breach -------------------------------------------------------------- Top Class Actions reports that Afni has agreed to a $1.85 million class action settlement to resolve claims its negligence led to a data breach that exposed the information of about 260,000 employees and consumers. The settlement benefits anyone to whom Afni provided notification that their personal information was exposed in the June 7, 2021, data breach. The lawsuit alleged Afni failed to implement adequate cybersecurity to safeguard its employees' and consumers' personally identifiable information and allowed the data breach to happen. Afni is an Illinois-based consumer collections agency with about 10,000 employees. The settlement provides compensation of up to $5,000 per member of the settlement class. Eligible claimants can be compensated for up to four hours of lost time at a rate of $25 per hour for time spent dealing with the data incident. They can also be compensated for documented out-of-pocket expenses incurred as a result of the breach, such as bank fees, long-distance phone charges, cellphone charges, data charges, postage, gas for local travel, fees for credit June 7, 2021, through Sept. 12, 2023, compensation for proven monetary loss, and professional fees such as attorneys' fees, accountants' fees and fees for credit repair services incurred as a result of the incident. Class members can alternately opt for a pro-rata cash payment from the settlement fund or choose to receive two years of credit monitoring and identity theft protection. Class members who wished to exclude themselves from or object to the Afni class action settlement must have done so by Aug. 14, 2023. The court has scheduled a final approval hearing for Sept. 12, 2023. The deadline to submit a claim form is Sept. 12, 2023. Who's Eligible Anyone to whom Afni provided notification that their personal information was exposed in the June 7, 2021, data breach. Potential Award Up to $5,000 Proof of Purchase Phone bills, gas receipts, postage receipts, a detailed list of locations to which the class member traveled -- such as a police station or IRS office -- and an indication of why they traveled there, along with the number of miles traveled; receipts or account statements reflecting the purchase of credit monitoring or identity theft insurance services. Claim Form CLICK HERE TO FILE A CLAIM » NOTE: If you do not qualify for this settlement do NOT file a claim. Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you're unsure if you qualify, please read the FAQ section of the Settlement Administrator's website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don't qualify for this settlement, check out our database of other open class action settlements you may be eligible for. Claim Form Deadline 09/12/2023 Case Name In re: Afni Inc. Data Breach Litigation, Case No. 1:22-cv-01287, in the United States District Court for the Central District of Illinois Final Hearing 09/12/2023 Settlement Website AfniDataIncidentSettlement.com Claims Administrator Afni Data Incident Claims Administrator 1650 Arch Street, Suite 2210 Philadelphia, PA 19103 Info@AfniDataIncidentSettlement.com 844-966-4924 Class Counsel Ben Barnow BARNOW AND ASSOCIATES PC Gary M Klinger MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC Defense Counsel James Monagle MULLEN COUGHLIN LLC [GN] AGRO RESEARCH: Bid to Extend Expert Discovery Deadlines Tossed -------------------------------------------------------------- In the class action lawsuit captioned as Romero, et al., v. Agro Research International LLC, et. al., Case No. 3:21-cv-00518 (N.D. Cal., Filed Jan. 21, 2021), the Hon. Judge James Donato entered an order denying for lack of good cause parties' joint request to extend expert discovery deadlines. -- The parties may file a renewed request that includes specific expert discovery deadlines that precede an amended deadline to file for class certification. The nature of suit states Torts -- Personal Property -- Other Fraud. [CC] ALLIANCE SERVICES: Birdsong Sues Over Unlawful Labor Practices -------------------------------------------------------------- ROMESHA BIRDSONG, on behalf of herself and all others similarly situated, Plaintiff v. ALLIANCE SERVICES, INC., Defendant, Case No. 23-cv-1057 (E.D. Wis., Aug. 9, 2023), arises out of the Defendant's violations of the Fair Labor Standards Act of 1938 and the Wisconsin's Wage Payment and Collection Laws. According to the complaint, the Defendant operated an unlawful compensation system that deprived and failed to compensate Plaintiff and all other current and former hourly-paid, non-exempt employees for all hours worked and work performed each workweek, including at an overtime rate of pay for each hour worked in excess of 40 hours in a workweek, by: (1) shaving time (via electronic timeclock rounding) from Plaintiff's and all other hourly-paid, non-exempt employees' weekly timesheets for pre-shift and post-shift hours worked and/or work performed, to the detriment of said employees and to the benefit of Defendant, in violation of the FLSA and WWPCL; and (2) failing to include all forms of non-discretionary compensation, such as monetary bonuses, incentives, awards, and/or other rewards and payments, in said employees' regular rates of pay for overtime calculation purposes, in violation of the FLSA and WWPCL. Moreover, the Plaintiff seeks relief under the FLSA and WWPCL for unpaid overtime compensation, unpaid straight time (regular) and/or agreed upon wages, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate. Alliance Services, Inc., is a healthcare staffing company that has a principal office address of 910 South Main Street, West Bend, WI. [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 ANDREW M. CUOMO: Ferrari Files Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Andrew M. Cuomo, et al. The case is styled as Joseph Ferrari, as Administrator of the Estate of Christine Ferrari; LEOVA JENKINS, as Administrator of the Estate of ELOISE BROOKS; IRASEMA RIVERA, as Administrator of the Estate of PAUL RIVERA; JOSE MONGE, as Administrator of the Estate of BLANCA NIEVES; STACIE DRUCKMAN, as Administrator of the Estate of ARTHUR DRUCKMAN; DELORIS PEOPLES, as Proposed Administrator of the Estate of ALEX PEOPLES; SANDRA THOMAS-WATSON, as Administrator of the Estate of BELINDA THOMAS; PATRICIA BIONDI, as Executor of the Estate of MICHAEL BIONDI; for themselves and on behalf of all others similarly situated v. ANDREW M. CUOMO , HOWARD A. ZUCKER, MELISSA DEROSA, SALLY R. DRESLIN, JOHN DOES 1-30, JANE DOES 1-30, Case No. 1:23-cv-07715 (S.D.N.Y., Aug. 30, 2023). The nature of suit is stated as Other Civil Rights for the Civil Rights Act. Andrew Mark Cuomo -- https://www.andrewcuomo.com/ -- is an American politician, lawyer, and former government official who served as the 56th governor of New York from 2011 to 2021.[BN] The Plaintiff is represented by: Joseph Ciaccio, Esq. NAPOLI SHKOLNIK PLLC 400 Broadhollow Road Suite 305 Melville, NY 11747 Phone: (212) 397-1000 Email: jciaccio@napolilaw.com AQUATIC WAREHOUSE: DiMeglio Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Aquatic Warehouse Incorporated. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. Aquatic Warehouse Incorporated, Case No. 1:23-cv-07701 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Aquatic Warehouse -- https://www.aquaticwarehouse.com/ -- is a reputed aquarium supplier in San Diego, CA, with over 3500 aquariums and 20 years of experience in the 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 ARIZONA BOARD: Alozie Sues Over Retaliation and Discrimination -------------------------------------------------------------- Nicholas Alozie, individually, and on behalf of others similarly situated v. Arizona Board of Regents, a political subdivision of the State of Arizona, Dr. Michael Crow, in his official and individual capacity, Dr. Mark Searle, in his individual capacity, Dr. Duane Roen, in his individual capacity, Dr. Jeffrey Cohen, in his individual capacity, Dr. Nancy Gonzalez, in her official capacity, Dr. Joanna Grabski, in her official capacity, Case No. 2:23-cv-01845-SRB (D. Ariz., Aug. 31, 2023), is brought as a civil rights claims of race discrimination, retaliation, and conspiracy involve a tenured Arizona State University professor who has experienced a coordinated campaign of discrimination and retaliation ever since pulling back the curtain on racial discrimination in ASU's hiring for leadership roles. The Plaintiff prevailed at trial against ASU in 2021. This case presents the same pattern of discrimination and retaliation against occurring after the issues raised in that trial, including ASU's handling of his performance reviews, salary, and promotion efforts. After the charge and Alozie I lawsuit were filed, and throughout the Alozie I lawsuit, Dr. Alozie began to experience additional forms of retaliation or discrimination that were not covered by Alozie I and all of which occurred after the close of discovery in that case. Specifically, he has experienced almost continuous discrimination and retaliation in a) a subsequent promotion attempt; b) in his annual reviews near the time of trial and Dr. Roen and Searle's departure from ASU; c) in the inclusion of unlawful language in his annual employment contracts that conflict with express ABOR regulations; and d) in the setting of his compensation and provision of raises compared to other comparators, says the complaint. The Plaintiff has been an employee of Defendants since 1991. Arizona Board of Regents ("ABOR") is a political subdivision of the State of Arizona.[BN] The Plaintiff is represented by: Joshua W. Carden, Esq. CARDEN LIVESAY, LTD. 419 East Juanita Avenue, Suite 103 Mesa, AZ 85204 Phone: (480) 345-9500 Fax: (480) 345-6559 Email: joshua@cardenlivesay.com ATERIAN INC: Settles Consumers' Suit for $800,000 Over False Ads ---------------------------------------------------------------- Top Class Actions reports that Aterian agreed to pay $800,000 to resolve a class action lawsuit claiming Mueller kitchen products are falsely advertised as made in Austria, and no proof of purchase is required for consumers to benefit from the settlement. The settlement benefits consumers who purchased various Mueller kitchen products between Dec. 9, 2018, and Aug. 23, 2023. A full list of covered products can be found on the settlement website. Plaintiffs claim Aterian used an image of the Austrian flag and the name "Austria" to mislead consumers into believing Mueller kitchen products were made in Austria. The class action lawsuit contends the plaintiffs and other consumers paid more for Mueller home appliances and other products based on these representations. Mueller is a kitchen products brand owned by Aterian. Aterian hasn't admitted any wrongdoing but agreed to a $800,000 settlement to resolve the false advertising class action lawsuit. Under the terms of the settlement, class members can receive a $7.50 cash payment or a $15 voucher per product. Regardless of which option they choose, claimants can receive compensation for up to two products, resulting in a maximum payment of $15 in cash or $30 in vouchers. No proof of purchase is required to benefit from this settlement. The deadline for exclusion and objection is Jan. 30, 2024. The final approval hearing for the settlement is scheduled for Feb. 29, 2024. In order to receive a settlement payment, class members must submit a valid claim form by Jan. 30, 2024. Who's Eligible Consumers who purchased various Mueller products between Dec. 9, 2018, and Aug. 23, 2023. A full list of covered products can be found on the settlement website. Potential Award $15 cash payment or $30 in vouchers Proof of Purchase N/A Claim Form CLICK HERE TO FILE A CLAIM » NOTE: If you do not qualify for this settlement do NOT file a claim. Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you're unsure if you qualify, please read the FAQ section of the Settlement Administrator's website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don't qualify for this settlement, check out our database of other open class action settlements you may be eligible for. Claim Form Deadline 01/30/2024 Case Name Dorcas v. Aterian Inc., Case No. CIVSB2222117, in the California Superior Court for San Bernardino County Final Hearing 02/29/2024 Settlement Website MuellerSettlement.com Claims Administrator Aterian Class Action Settlement Administrator c/o A.B. Data Ltd. P.O. Box 173096, Milwaukee, WI 53217 info@MuellerSettlement.com 877-933-2881 Class Counsel Lisa Omoto FARUQI & FARUQI LLP Defense Counsel Patrick J Somers KENDAL BRILL & KELLY LLP [GN] BANK OF AMERICA: Lu Seeks Proper Overtime Premium Pay ----------------------------------------------------- JEAN LU, GIOVANNA BOLANOS, and CLAUDE GRANT individually and on behalf of all others similarly situated, Plaintiffs v. BANK OF AMERICA, N.A., Defendant, Case No. 3:23-cv-04027 (N.D. Cal., Aug. 9, 2023) arises out of Bank of America's violations of the Fair Labor Standards Act, the California Labor Code, and the California Unfair Competition Law. Plaintiff Jean Lu was a senior lending officer who worked for Bank of America in the state of California from 2017 through July 2021. She worked on the PPP loan program and received nondiscretionary Paycheck Protection Program (PPP) incentive pay. She was misclassified as exempt and was not paid overtime during her tenure with Bank of America. As a result of this misclassification, Plaintiff Lu was not paid any overtime premiums for her work on the PPP loan program. Throughout the PPP loan program, Plaintiff Lu worked a substantial amount of unpaid overtime hours on a daily and weekly basis, says the suit. Bank of America, N.A. is a national association having its principal place of business in North Carolina. This bank offers saving and current account, investment and financial services, online banking, and mortgage and non-mortgage loan facilities. [BN] The Plaintiffs are represented by: Jason S. Hartley, Esq. Jason M. Lindner, Esq. HARTLEY LLP 101 West Broadway, Suite 820 San Diego, CA 92101 Telephone: (619) 400-5822 E-mail: hartley@hartleyllp.com lindner@hartleyllp.com BRITISH COLUMBIA: Class Suit Over Unlicensed Nurses Certified ------------------------------------------------------------- Angelica Dino of Canadian Lawyer reports that the BC Supreme Court has certified a class action lawsuit involving an unlicensed nurse who worked at the BC Women's Hospital and Health Centre (BCWH). In Massie v. Provincial Health Services Authority, 2023 BCSC 1275, Miranda Massie applied to certify an action as a class proceeding against the Provincial Health Services Authority (PHSA), which manages the programs and services at the BCWH. Massie alleged that she received care at the BCWH from Brigitte Cleroux, who turned out to be an unlicensed nurse. Massie commenced a class action lawsuit for legal claims arising from Cleroux's involvement with patient care while working at the BCWH. Massie sought to certify common issues in negligence, battery, breach of privacy, vicarious liability, and for damages, including aggregate and punitive damages. The proposed class action is against PHSA. Cleroux is not impleaded as a defendant. PHSA argued that liability should not be imposed on it for "Cleroux's fraud," which was, among other things, "abhorrent" and "unauthorized." PHSA contended that Cleroux fraudulently worked for the PHSA, but when PHSA could not confirm that Cleroux was a registered nurse, it terminated her employment immediately. Diversity of patient experiences The proposed class is all those patients at BCWH who received treatments from Cleroux between June 1, 2020 and June 30, 2021. Massie tendered evidence from five other proposed class members who described aspects of their experiences as patients of the BCWH. The BC Supreme Court noted that the experiences of these six proposed class members at the BCWH were diverse and individualized. The specific evidence of proposed class members includes evidence of an individual who interacted with Cleroux and was administered medication in a manner considered painful. There was also evidence of one who had blood taken by Cleroux, which caused discomfort. The court noted that the PHSA's evidence suggested that Cleroux performed various nursing activities, such as patient admission, taking vital signs, observing patient symptoms and breathing, administering intravenous medication, and participating in the discharge process. The court concluded that the diversity of patient experiences at the BCWH resulted from the range of activities that Cleroux was involved in as a working nurse at the hospital. The court found that the diversity in experiences will likely be across all proposed class members. The claims Miranda Massie, as the representative plaintiff of the proposed class, claimed that PHSA is liable to the class members for negligently hiring Cleroux and breaching the standard of care to take reasonable steps to ensure that nurses who treated the class members were adequately licensed and reasonably competent. Massie also alleged that PSHA is liable for committing the tort of battery on every class member that Cleroux treated and is vicariously responsible for her actions. Additionally, the PSHA allegedly committed the statutory tort of willful violation of privacy on every class member, and the PSHA is vicariously liable for her actions. The plaintiff claimed damages, including punitive damages. The court noted that the test for class certification requires that the pleadings disclose a cause of action, there is an identifiable class of two or more persons, the claims of the class members raise common issues, that a class proceeding would be the preferable procedure, and that there is a representative plaintiff. Common issues The court found that for claims against PHSA in negligence and battery, the necessity of proving causation of damages and compensable harm will likely be particular to each proposed class member, requiring individual trials on a significant aspect of such claims. The court emphasized that liability presumes causation of harm. Each class member likely had different experiences with Cleroux, given the variety of her nursing tasks at the BCWH. The court acknowledged the possibility that there would be significant variety in the extent to which any of the class members may have been physically or emotionally harmed by the care received from Cleroux. Likewise, battery requires proof of causation and harmful contact. The court found no basis in that such issues would be common across the proposed class. However, for the claim of breach of privacy and the PHSA's related alleged vicarious liability and punitive damages, the court was satisfied that there are common issues, and a class action is a preferable procedure for the prosecution of such a claim. Accordingly, the court certified the class action on such a basis. [GN] DZS INC: Faces Cody Suit Over Securities Law Violations ------------------------------------------------------- ROBERT CODY, individually and on behalf of all others similarly situated, Plaintiff v. DZS INC., CHARLES DANIEL VOGT, and MISTY KAWECKI, Defendants, Case No. 4:23-cv-00713 (E.D. Tex., Aug. 9, 2023) alleges claims against the Defendants (DZS and certain of the Company's senior executives and directors) for violations of the Securities Exchange Act of 1934 and the U.S. Securities and Exchange Commission Rule 10b-5. This securities class action is brought on behalf of all persons or entities that purchased or otherwise acquired DZS securities between August 2, 2022 and June 1, 2023. Throughout this period, the Defendants issued false and misleading statements and/or failed to disclose adverse facts about the Company's internal control over financial reporting. When the truth about the Company’s business and operations was revealed, the price of DZS common stock suffered sharp declines. As a result, Plaintiff and other Class members have suffered significant losses and damages, says the suit. Plano, Texas-based DZS is a provider of fiber access and optical telecommunications networking and cloud software technology. The company generally sells its products and services directly to carriers and service providers that offer voice, data and video services to businesses, government, utilities, and residential subscribers. [BN] The Plaintiff is represented by: Thomas J. Laughlin, IV, Esq. Jonathan M. Zimmerman, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP The Helmsley Building 230 Park Avenue 17th Floor New York, NY 10169 Telephone: (212) 223-6444 Facsimile: (212) 223-6334 E-mail: tlaughlin@scott-scott.com jzimmerman@scott-scott.com - and - Brian J. Schall, Esq. THE SCHALL LAW FIRM 2049 Century Park East, Suite 2460 Los Angeles, CA 90067 Telephone: 310-301-3335 Facsimile: 310-388-0192 E-mail: brian@schallfirm.com - and - Andrea L. Fair, Esq. WARD, SMITH & HILL, PLLC 1507 Bill Owens Parkway Longview, TX 75604 Telephone: (903) 757-6400 Facsimile: (903) 757-2323 E-mail: andrea@wsfirm.com ENTERTAINMENT PARTNERS: Faces Goff Suit Over Alleged Data Breach ---------------------------------------------------------------- Darnisha Goff, on behalf of herself and all others similarly situated v. Entertainment Partners, LLC, Case No. 2:23-cv-065750HDV-AJR (C.D. Cal., Aug. 11, 2023) alleges that the Defendant failed to properly secure and safeguard Plaintiff's and Class Members' private information, in violation of the Federal Trade Commission Act. The Plaintiff and Class Members provided their private information to Defendant Entertainment Partners as production employees of the Defendant's clients. On June 30, 2023, Plaintiff and Class Members' private information were compromised in a data breach carried out by cybercriminals on Entertainment Partners' system. As a result, Plaintiff and Class Members are at significant risk of identity theft and various other forms of personal, social, and financial harm for the rest of their lives, says the suit. Based in Burbank, California, Entertainment Partners acts as production partner to the entertainment industry, assisting its clients in creating and producing content while also managing and tracking production expenses and paying crew and talent. [BN] The Plaintiff is represented by: Kyle McLean, Esq. Mason Barney, Esq. Tyler Bean, Esq. SIRI & GLIMSTAD LLP 700 S. Flower Street, Suite 1000 Los Angeles, CA 90017 Telephone: (213) 376-3739 E-mail: kmclean@sirillp.com mbarney@sirillp.com tbean@sirillp.com FENWICK & WEST: Cabo Sues Over Civil Conspiracy and Fraud --------------------------------------------------------- LEANDRO CABO, RYAN HENDERSON, KYLE RUPPRECHT, VIJETH SHETTY, and WARREN WINTER, individually, and on behalf of all others similarly situated, Plaintiffs v. FENWICK & WEST, LLP, Defendant, Case No. 3:23-cv-03944-JCS (N.D. Cal., Aug. 7, 2023) alleges claims against the Defendant for civil conspiracy and for violations of common law in aiding and abetting fraud and negligence. Defendant Fenwick allegedly helped set up the shadowy entities through which FTX Group's founder and former CEO Samuel Bankman-Fried and the FTX Insiders operated a fraud, structured acquisitions by the FTX US in ways to circumvent regulatory scrutiny, advised on FTX US's regulatory dodge, more generally, and supplied personnel necessary to execute on the strategies that they proposed. Fenwick also provided legal and commercial advice on a number of FTX's business transactions, including FTX Trading Ltd.'s Series B and B-1 capital raises However, the firm has since deleted all announcements regarding these deals, along with the vast majority of other materials linking the firm to FTX, says the suit. Headquartered in Mountain View, California, Fenwick & West LLP is ideally located in the heart of Silicon Valley, at the center of the technology and cryptocurrency industry, and near to Bankman-Fried and FTX's California operations. The company was FTX US's principal outside law firm. It advertises that it has approximately 150 individual partners, at least 100 of which with residence in California. [BN] The Plaintiffs are represented by: William M. Audet, Esq. Ling (David) Y. Kuang, Esq. Kurt D. Kessler, Esq. AUDET & PARTNERS, LLP 711 Van Ness Avenue, Suite 500 San Francisco, CA 94102-3275 Telephone: (415) 568-2555 Facsimile: (415) 568-2556 E-mail: waudet@audetlaw.com lkuang@audetlaw.com kkessler@audetlaw.com - and - Rachel W. Furst, Esq. Francisco R. Maderal, Esq. John R. Byrne, Esq. MADERAL BYRNE & FURST PLLC 2800 Ponce De Leon Boulevard, Suite 1100 Coral Gables, FL 33134-6933 Telephone: (305) 520-5690 Facsimile: (305) 520-5698 E-mail: rachel@maderalbyrne.com frank@maderalbyrne.com john@maderalbyrne.com - and - David Boies, Esq. Alexander Boies, Esq. Brooke Alexander, Esq. BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 E-mail: dboies@bsfllp.com aboies@bsfllp.com balexander@bsfllp.com - and - Adam M. Moskowitz, Esq. Joseph M. Kaye, Esq. THE MOSKOWITZ LAW FIRM, PLLC 3250 Mary Street, Suite 202 Coconut Grove, FL 33133 Telephone: (305) 740-1423 E-mail: adam@moskowitz-law.com joseph@moskowitz-law.com FIDELITY & GUARANTY: Fails to Protect Personal Info, Ahmed Says --------------------------------------------------------------- ADAN AHMED, on behalf of himself and all others similarly situated, Plaintiff v. FIDELITY & GUARANTY LIFE INSURANCE COMPANY, Defendant, Case No. 4:23-cv-00286-SMR-HCA (S.D. Iowa, Aug. 9, 2023) arises from the Defendant's failure to properly secure and safeguard Plaintiff's and other similarly situated F&G customers' sensitive information, including full names, dates of birth, and Social Security numbers or collectively known as personally identifiable information. On or about May 31, 2023, Defendant learned that one its IT vendors had been penetrated by a cyberattack and that "an unauthorized third party accessed one of Defendant's MOVEit Transfer servers. The Plaintiff brings this action on behalf of all persons whose personally identifiable information was compromised as a result of Defendant's failure to: (i) adequately protect the PII of Plaintiff and Class Members; (ii) warn Plaintiff and Class Members of Defendant's inadequate information security practices; and (iii) effectively secure hardware containing protected PII using reasonable and effective security procedures free of vulnerabilities and incidents. The Defendant's conduct amounts at least to negligence and violates federal and state statutes, says the suit. Fidelity & Guaranty Life Insurance Company is an Iowa-based company that provides life insurance and annuity solutions to its customers through a national network of financial professionals. [BN] The Plaintiff is presented by: J. Barton Goplerud, Esq. Brian O. Marty, Esq. SHINDLER, ANDERSON, GOPLERUD & WEESE P.C. 5015 Grand Ridge Drive, Suite 100 West Des Moines, IA 50265 Telephone: (515) 223-4567 Facsimile: (515) 223-8887 E-mail: goplerud@sagwlaw.com marty@sagwlaw.com - and - David K. Lietz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 5335 Wisconsin Avenue NW Washington, D.C. 20015-2052 Telephone: (866) 252-0878 Facsimile: (202) 686-2877 E-mail: dlietz@milberg.com - and - Daniel Srourian, Esq. SROURIAN LAW FIRM, P.C. 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Telephone: (213) 474-3800 Facsimile: (213) 471-4160 E-mail: daniel@slfla.com FISKER INC: Faces Gilbert Suit Over Breach of Fiduciary Duties -------------------------------------------------------------- Eric R. Gilbert, on behalf of himself and all others similarly situated stockholders of FISKER INC. v. FISKER INC., HENRIK FISKER, GEETA GUPTA-FISKER, WENDY J. GREUEL, MARK E. HICKSON, WILLIAM R. MCDERMOTT, RODERICK K. RANDALL, NADINE I. WATT, and MITCH ZUKLIE, Case No. 2023-0824 (Del. Ch., Aug. 11, 2023) seeks damages and all other relief available for Defendants' violation of the Delaware General Corporation Law and breach of fiduciary duty. The Plaintiff owns shares of Fisker Inc's Class A Common Stock which is listed on the New York Stock Exchange. He brings this class action over the illegal and inequitable attempt by Fisker's Board and its controlling stockholders to remove the guaranteed right of minority stockholders to vote on matters that require stockholder approval. Incorporated in Delaware and headquartered in California, Fisker Inc. is an automotive company focused on developing electric vehicles. [BN] The Plaintiff is represented by: Mark Lebovitch, Esq. Shiva Mohan, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas New York, NY 10020 Telephone: (212) 554-1400 - and – Douglas E. Julie, Esq. W. Scott Holleman, Esq. JULIE & HOLLEMAN LLP 157 East 86th Street, 4th Floor New York, NY 10028 Telephone: (929) 415-1020 - and – D. Seamus Kaskela, Esq. Adrienne Bell, Esq. KASKELA LAW LLC 18 Campus Boulevard, Suite 100 Newtown Square, PA 19073 Telephone: (484) 258-1585 - and – Gregory V. Varallo, Esq. Daniel E. Meyer, Esq. 500 Delaware Avenue, Suite 901 Wilmington, DE 19801 Telephone: (302) 364-3600 FORD MOTOR: Dolan Sues Over Undisclosed Transmission Defects ------------------------------------------------------------ James Dolan, individually and on behalf of all others similarly situated v. Ford Motor Company, Case No. 3:23-cv-00512-REP (E.D. Va., Aug. 11, 2023) seeks damages and any further relief arising from Defendant's multiple violations of the Universal Commercial Code, the Virginia Consumer Protection Act, and other breaches. In or around October 25, 2018, the Plaintiff purchased a new 2018 Ford F-150 vehicle with a 10-speed transmission from an authorized Ford dealership. But unbeknownst to Plaintiff, the 10-speed automatic transmission was defective. Ford knew of the defect but did not disclose it to plaintiff prior to his purchase of the vehicle. As a result of the undisclosed defect, Plaintiff experienced harsh and delayed shifting of the truck, including gear engagement failures while accelerating. Ford was aware of the transmission defect but failed to remedy it, the Plaintiff alleges. Ford is a Delaware publicly traded corporation that designs, manufactures, markets, and sells vehicles throughout the US. Its principal place of business is at One American Rod, Dearborn, Michigan. [BN] The Plaintiff is represented by: Drew D. Sarrett, Esq. CONSUMER LITIGATION ASSOCIATES, P.C. 626 E. Broad Street, Suite 300 Richmond, VA 23219 Telephone: (804) 905-9900 Facsimile: (757) 930-3662 E-mail: drew@clalegal.com - and – Leonard A. Bennett, Esq. Craig C. Marchiando, Esq. CONSUMER LITIGATION ASSOCIATES, P.C. 763 J. Clyde Morris Blvd., Ste. 1-A Newport News, VA 23601 Telephone: (757) 930-3660 Facsimile: (757)-930-3662 E-mail: lenbennett@clalegal.com craig@clalegal.com - and – W. Randolph Robins, Jr., Esq. LANTZ & ROBINS, P.C. 4900 Augusta Avenue, Suite 120 Richmond, VA 23230 Telephone: (804) 404-7870 Email: rrobins@lantzrobins.com FRANKLIN MINT FEDERAL: Bronson Sues Over Alleged Data Breach ------------------------------------------------------------ TANYA BRONSON, on behalf of herself individually and all others similarly situated, Plaintiff v. FRANKLIN MINT FEDERAL CREDIT UNION, Defendant, Case No. 2:23-cv-03030 (E.D. Pa., Aug. 7, 2023) alleges claims against the Defendant for negligence, breach of implied contract, unjust enrichment, invasion of privacy, and for violations of the Federal Trade Commission Act. On or about June 1, 2023, an unknown and unauthorized criminal actor gained access to Franklin Mint Federal Credit Union's (FMFCU) network and exfiltrated Members' personal identifiable information including their name, date of birth, and social security number, and other data provided to FMFCU. As a result of the Data Breach, Plaintiff and Class Members have been exposed to a present and imminent risk of fraud and identity theft. Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, says the suit. Moreover, Plaintiff brings this class action lawsuit on behalf of those similarly situated to address Defendant's inadequate safeguarding of Class Members' PII that Defendant collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access by an unknown third party. Headquartered in Broomall, PA, FMFCU provides financial products and services to individuals and organizations in Pennsylvania and beyond. [BN] The Plaintiff is represented by: Randi Kassan, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 100 Garden City Plaza Garden City, NY 11530 Telephone: (212) 594-5300 E-mail: rkassan@milberg.com - and - Gary Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 West Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: GKlinger@milberg.com - and - Andrew J. Shamis, Esq. SHAMIS & GENTILE P.A. 14 NE 1st Ave., Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com - and - Scott Edelsberg, Esq. EDELSBERG LAW, P.A. 20900 NE 30th Ave., Suite 417 Aventura, FL 33180 Telephone: (786) 289-9471 (305) 975-3320 Facsimile: (786) 623-0915 E-mail: scott@edelsberglaw.com - and - Jeff Ostrow, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT 1 West Las Olas Blvd.. Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: ostrow@kolawyers.com GOLDMAN SACHS: Bright 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 an amended complaint for a putative securities class action filed on June 24, 2022 in the U.S. District Court for the Eastern District of New York relating to Bright Health Group, Inc.'s approximately $924 million June 2021 initial public offering of common stock. In addition to the underwriters, the defendants include Bright Health and certain of its officers and directors. GS&Co. underwrote 11,297,000 shares of common stock representing an aggregate offering price of approximately $203 million. On October 12, 2022, 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. GOLDMAN SACHS: Coupang 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 26, 2022 in the U.S. District Court for the Southern District of New York relating to Coupang, Inc.'s (Coupang) approximately $4.6 billion March 2021 initial public offering of common stock. In addition to the underwriters, the defendants include Coupang and certain of its officers and directors. GS&Co. underwrote 42,900,000 shares of common stock representing an aggregate offering price of approximately $1.5 billion. On May 24, 2023, the plaintiffs filed an amended complaint, and on July 28, 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. GOLDMAN SACHS: Court Junks Securities Suit in New York ------------------------------------------------------ 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 2, 2022 in the U.S. District Court for the Southern District of New York relating to Riskified Ltd.'s (Riskified) approximately $423 million July 2021 initial public offering. On June 2, 2023, the court granted the defendants' motion to dismiss the second amended complaint. In addition to the underwriters, the defendants include Riskified and certain of its officers and directors. GS&Co. underwrote 6,981,128 shares of common stock representing an aggregate offering price of approximately $147 million. On November 28, 2022, the plaintiffs filed a second amended complaint, and on June 2, 2023, the court granted the defendants' motion to dismiss the second 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: Faces Securities Suit Over ContextLogic IPO ---------------------------------------------------------- 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 putative securities class actions filed beginning on May 17, 2021 and consolidated in the U.S. District Court for the Northern District of California, relating to ContextLogic Inc.'s (ContextLogic) $1.1 billion December 2020 initial public offering of common stock. In addition to the underwriters, the defendants include ContextLogic and certain of its officers and directors. GS&Co. underwrote 16,169,000 shares of common stock representing an aggregate offering price of approximately $388 million. On July 15, 2022, the plaintiffs filed a consolidated amended complaint, and on March 10, 2023, the court granted the defendants' motion to dismiss the consolidated amended complaint with leave to amend. On April 10, 2023, the plaintiffs filed a second consolidated amended complaint, and on June 9, 2023, the defendants moved to dismiss the second 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: Faces Securities Suit Over GoHealth IPO ------------------------------------------------------ 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 putative securities class actions filed beginning on September 21, 2020 and consolidated in the U.S. District Court for the Northern District of Illinois relating to GoHealth, Inc.'s (GoHealth) $914 million July 2020 initial public offering. In addition to the underwriters, the defendants include GoHealth, certain of its officers and directors and certain of its shareholders. GS&Co. underwrote 11,540,550 shares of common stock representing an aggregate offering price of approximately $242 million. On February 25, 2021, the plaintiffs filed a consolidated complaint. On April 5, 2022, the defendants' motion to dismiss the consolidated complaint was denied. On September 23, 2022, 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: Faces Securities Suit Over Stock Offering -------------------------------------------------------- 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 April 7, 2023 in the U.S. District Court for the Northern District of California relating to SVB Financial Group's (SVBFG) January 2021 public offerings of $500 million principal amount of senior notes and $750 million of depositary shares representing interests in preferred stock, March 2021 public offering of approximately $1.2 billion of common stock, May 2021 public offerings of $1.0 billion of depositary shares representing interests in preferred stock and $500 million principal amount of senior notes, August 2021 public offering of approximately $1.3 billion of common stock, and April 2022 public offering of $800 million aggregate principal amount of senior notes, among other public offerings of securities. The complaint asserts claims under the federal securities laws and alleges that the offering documents contained material misstatements and omissions. The complaint seeks compensatory damages in unspecified amounts. On March 17, 2023, SVBFG filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District of New York. In addition to the underwriters, the defendants include certain of SVBFG's officers and directors and its auditor. GS&Co. underwrote an aggregate of 831,250 depositary shares representing an aggregate offering price of approximately $831 million, an aggregate of 3,266,108 shares of common stock representing an aggregate offering price of approximately $1.8 billion and senior notes representing an aggregate price to the public of approximately $727 million. The firm is also cooperating with and providing information to various governmental bodies in connection with their investigations and inquiries regarding SVBFG and its affiliates (collectively SVB), including the firm's business with SVB in or around March 2023, when SVB engaged the firm to assist with a proposed capital raise and SVB sold the firm a portfolio of securities. 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: Faces Securities Suit Over Vroom's IPO ----------------------------------------------------- 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 October 4, 2021 in the U.S. District Court for the Southern District of New York relating to Vroom Inc.'s (Vroom) approximately $589 million September 2020 public offering of common stock. In addition to the underwriters, the defendants include Vroom and certain of its officers and directors. GS&Co. underwrote 3,886,819 shares of common stock representing an aggregate offering price of approximately $212 million. On December 20, 2021, the defendants served a motion to dismiss the consolidated 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: Faces Securities Suit Over Zymergen's IPO -------------------------------------------------------- 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 4, 2021 in the U.S. District Court for the Northern District of California relating to Zymergen Inc.'s (Zymergen) $575 million April 2021 initial public offering of common stock. In addition to the underwriters, the defendants include Zymergen and certain of its officers and directors. GS&Co. underwrote 5,750,345 shares of common stock representing an aggregate offering price of approximately $178 million. On February 24, 2022, the plaintiffs filed an amended complaint, and on November 29, 2022, the court granted in part and denied in part the defendants' motion to dismiss the amended complaint, denying dismissal of the claims for violations of Section 11 of the Securities Act. On April 6, 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: FIGS 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 December 8, 2022 in the U.S. District Court for the Central District of California relating to FIGS, Inc.'s (FIGS) approximately $668 million May 2021 initial public offering and approximately $413 million September 2021 secondary equity offering. In addition to the underwriters, the defendants include FIGS, certain of its officers and directors and certain of its shareholders. GS&Co. underwrote 9,545,073 shares of common stock in the May 2021 initial public offering representing an aggregate offering price of approximately $210 million and 3,179,047 shares of common stock in the September 2021 secondary equity offering representing an aggregate offering price of approximately $128 million. On April 10, 2023, the plaintiffs filed a consolidated complaint, and on May 25, 2023, the defendants moved to dismiss the consolidated 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. HAWAIIAN ELECTRIC: Bids for Lead Plaintiff Appointment Due Oct. 23 ------------------------------------------------------------------ Johnson Fistel, LLP of Kentucky Today reports that a securities class action lawsuit has been filed. The lawsuit seeks to recover losses on behalf of investors who acquired securities within the class period. Investors who acquired securities during the class period, February 28, 2019 and August 16, 2023, inclusive (the "Class Period") are encouraged to review the following information. If you would like more information and want to join the class action please click or copy and paste the following link: https://www.johnsonfistel.com/investigations/hawaiian-electric-industries There is no cost or obligation to you. Complaint Allegations: According to the lawsuit, throughout the Class Period, Defendants made materially false and misleading statements regarding the Company's business, operations, and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Hawaiian Electric's wildfire prevention and safety protocols and procedures were inadequate to meet the challenges for which they were ostensibly designed; (ii) accordingly, despite knowing the degree of risk that wildfires posed to Maui, the Company's inadequate safety protocols and procedures placed Maui at a heightened risk of devastating wildfires; and (iii) as a result, the Company's public statements were materially false and misleading at all relevant times. What can Investors Do: Shareholders who incurred losses during the class period, have until October 23, 2023, to move the court to become a lead plaintiff in this action. A lead plaintiff will act on behalf of all other class members in directing the class-action lawsuit. The lead plaintiff can select a law firm of its choice to litigate the class-action lawsuit. An investor's ability to share any potential future recovery of the class action lawsuit is not dependent upon serving as lead plaintiff. Johnson Fistel, LLP is a shareholder rights law firm representing individual and institutional investors in shareholder derivative and securities class action lawsuits. For more information, visit their website http://www.johnsonfistel.com. Contact: Johnson Fistel, LLP Jim Baker, 619-814-4471 Investor Relations jimb@johnsonfistel.com or Frank Johnson, 619-309-4405 fjohnson@johnsonfistel.com [GN] HOSPITALITY STAFFING: Flower Sues Over Unprotected Personal Info ---------------------------------------------------------------- AMANDA FOWLER, individually and on behalf of all others similarly situated, Plaintiff v. HOSPITALITY STAFFING SOLUTIONS, LLC, Defendant, Case No. 1:23-cv-03538-MHC (N.D. Ga., Aug. 9, 2023) alleges claims against the Defendant for negligence, invasion of privacy, breach of implied contract, unjust enrichment, and for violations of Section 5 of the Federal Trade Commission Act. In a data breach notice letter that went out to all impacted current and former applicants and employees on or around August 1, 2023, Hospitality Staffing Solutions LLC (HSS) reported that it learned of unauthorized access to its computer systems approximately two months earlier on or around June 2, 2023. The Plaintiff brings this class action lawsuit to address HSS's inadequate safeguarding of her and Class Members' Private Information that it collected and maintained, and its failure to provide timely and adequate notice to Plaintiff and Class Members of the types of information that were accessed, and that such information was subject to unauthorized access by cybercriminals. Moreover, the Plaintiff seeks an injunctive relief that requires HSS to employ adequate security protocols consistent with legal and industry standards to protect current and former employees' private information, says the suit. Headquartered in Atlanta, Georgia, Hospitality Staffing Solutions LLC provides facility services to hotels, resorts, and casinos across the country. [BN] The Plaintiff is represented by: Michael R. Hirsh, Esq. HIRSH LAW OFFICE, LLC 2295 Towne Lake Pkwy. Suite 116-181 Woodstock, GA 30189 Telephone: 678-653-9907 E-mail: Michael@Hirsh.law - and - Mason Barney, Esq. Tyler Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 E-mail: mbarney@sirillp.com tbean@sirillp.com JETBLUE AIRWAYS: Wins Class Suit Over Session-Replay Software ------------------------------------------------------------- Christopher Brown of Bloomberg Law reports that JetBlue Airways Corp. defeated a proposed class action alleging it collected personal information from website visitors without their consent in violation of California privacy laws. Plaintiff Luther Toston didn't have standing to pursue his claims in federal court because he didn't allege he had suffered a concrete injury through the data collection, Judge Stephen V. Wilson of the U.S. District Court for the Central District of California said on August 23, 2023. Wilson's ruling came two months after the Southern District of California dismissed a similar lawsuit against JetBlue over its use of the website-surveillance software. [GN] KOFFEE KUP: Judge Rules in Favor of Employees Over WARN Violation ----------------------------------------------------------------- WCAX News Team reports that Former employees of the defunct Koffee Kup Bakery and Vermont Bread Company have won a court battle that will see them receive some back pay. The bakery company abruptly closed in 2021, putting over 300 employees out on the street with no warning. In a class action lawsuit, employees claimed that was a violation of the WARN Act, which requires businesses to give their workers advanced notice. A federal judge ruled in favor of the employees, saying they should be paid for up to 60 days worth of pay and benefits. [GN] LEADING EDGE: Fields, Sarigumba Seek Proper Overtime Wages ---------------------------------------------------------- Alicia Fields and Katherine Sarigumba, individually and on behalf of all others similarly situated v. Leading Edge Connections, LLC (LEC), Case No. 8:23-cv-01809 (M.D. Fla., Aug. 11, 2023) accuses the Defendant of violating the Fair Labor Standards Act. The Plaintiffs work for Defendant LEC as Customer Service Representative. However, Defendant misclassified them as independent contractors despite working full time for the company. As a result, Plaintiffs were not paid proper wages and overtime compensation, says the suit. LEC is an outsourced business solutions provider based in Tampa, Florida.[BN] The Plaintiffs are represented by: Alan L. Quiles, Esq. Gregg I. Shavitz, Esq. SHAVITZ LAW GROUP, P.A. 951 Yamato Road, Suite 285 Boca Raton, FL 33431 Telephone: (561) 447-8888 E-mail: aquiles@shavitzlaw.com gshavitz@shavitzlaw.com - and – Josh Borsellino, Esq. BORSELLINO, P.C. 1020 Macon St., Suite 15 Fort Worth, TX 76102 Telephone: (817) 908-9861 Facsimile: (817) 394-2412 E-mail: josh@dfwcounsel.com LOS ANGELES, CA: Craig Alleges Military Status' Discrimination --------------------------------------------------------------- David Craig, Julius Guay, John Russo, Joseph Vigueras, on behalf of themselves and all others similarly situated, v. City of Los Angeles and Los Angeles Police Department (LAPD), Case No. 2:23-cv-06581 (C.D. Cal., Aug. 11, 2023) accuses the Defendants of multiple violations of the Uniformed Services Employment and Reemployment Rights Act of 1994. The Plaintiffs are retired members of the uniformed services previously employed by the LAPD. The Plaintiffs allege that they were discriminated against by the Defendants based on their military status resulting in lost wages and benefits, in violation of USERRA. LAPD is the primary law enforcement agency of Los Angeles, CA, headquartered at 100 West 1st Street in the Civic Center district. [BN] The Plaintiffs are represented by: Brian J. Lawler, Esq. PILOT LAW, P.C. 4632 Mt. Gaywas Drive San Diego, CA 92117 Telephone: (619) 255-2398 E-mail: blawler@pilotlawcorp.com - and – Kevin L. Wilson, Esq. KEVIN WILSON LAW PLLC 3110 Horton Avenue Louisville, KY 40220 Telephone: (502) 276-5050 E-mail: kevin@klwilsonlaw.com - and – Gene J. Stonebarger, Esq. STONEBARGER LAW, APC 101 Parkshore Dr., Suite 100 Folsom, CA 95630 Telephone: (916) 235-7140 E-mail: gstonebarger@stonebargerlaw.com MARISCOS RAMIREZ: Fails to Pay Proper Wages to Servers, Baez Claims ------------------------------------------------------------------- LUISA ALONZO BAEZ, on behalf of herself, individually, and on behalf of all others similarly-situated, Plaintiff v. MARISCOS RAMIREZ, INC. d/b/a MARISCO CENTRO, and ZOLIO RAMIREZ a/k/a CHELO RAMIREZ, individually, and RADAME ABREU a/k/a ROY ABREU, individually, Defendants, Case No. 1:23-cv-06954 (S.D.N.Y., Aug. 7, 2023) seeks for damages and other redress based upon the Defendants' willful violations of the overtime and minimum wage provisions of the New York Labor Law and the overtime provisions of the Fair Labor Standards Act. The Plaintiff worked for Defendants as a server from in or around October 2021 to May 9, 2023. However, the Defendants automatically deducted 30 minutes each shift from Plaintiff's hours worked for a meal break, despite not permitting Plaintiff to take an uninterrupted meal break. As a result, Defendants paid Plaintiff at the tipped minimum wage, which was below the non-tipped minimum wage rate that New York law requires, for all hours that Plaintiff worked, even those hours that she worked in a week over 40, with the exception of the hours that Defendants automatically deducted as breaks, for which Defendants paid Plaintiff nothing. Among other things, the Defendants also failed to furnish employees with a wage statement containing specific categories of accurate information on each payday, Mariscos Centro was and is a New York corporation that operates a Manhattan restaurant. [BN] The Plaintiff is represented by: Tenzin Tashi, Esq. Alexander T. Coleman, Esq. Michael J. Borrelli, Esq. BORRELLI & ASSOCIATES, P.L.L.C. 910 Franklin Avenue, Suite 200 Garden City, NY 11530 Telephone. (516) 248-5550 Facsimile. (516) 248-6027 MEMORIAL HEART: Fails to Protect Private Info, Edwards Suit Says ---------------------------------------------------------------- Sheila Edwards, individually and on behalf of all others similarly situated, Plaintiff v. Memorial Heart Institute, LLC d/b/a The Chattanooga Heart Institute, Defendant, Case No. 1:23-cv-00172-KAC-CHS (E.D. Tenn., Aug. 9, 2023) seeks damages, restitution, and injunctive relief for Plaintiff and the class members due to the Defendant's failure to properly secure private information and to comply with Federal Trade Commission guidelines for cybersecurity, in violation of Section 5 of the FTC Act. On April 17, 2023, the Defendant identified indications of a cybersecurity attack on its IT network. It launched a forensic investigation that determined an unauthorized third part gained access to its network between March 8, 2023 and March 16, 2023. Based upon the investigation, more than 170,450 individuals' Private Information was affected in the Data Breach. Accordingly, the Plaintiff brings this class action lawsuit on behalf of those similarly situated to address Defendant's inadequate safeguarding of Class Members' Private Information that Defendant collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access by an unknown third party, says the suit. Memorial Heart Institute is a healthcare network headquartered in Chattanooga, Tennessee that primarily serves patients in Tennessee and Georgia. [BN] The Plaintiff is represented by: R. Luke Widener, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Telephone: (865) 247-0080 E-mail: Lwidener@milberg.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (202) 429-2290 E-mail: gklinger@milberg.com - and - Bryan L. Bleichner, Esq. Philip J. Krzeski, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 Facsimile: (612) 336-2940 E-mail: bbleichner@chestnutcambronne.com pkrzeski@chestnutcambronne.com NAPCO SECURITY: Holzer & Holzer Reminds of Oct. 30 Deadline ----------------------------------------------------------- Holzer & Holzer, LLC informs investors that a class action lawsuit has been filed against NAPCO Security Technologies, Inc. (NASDAQ: NSSC). The lawsuit alleges NAPCO made false or misleading statements or failed to disclose material adverse facts about the Company's business, operations, and prospects, including: (1) NAPCO failed to address any material weaknesses with internal controls regarding COGS and inventory; (2) NAPCO downplayed the severity of material weaknesses regarding their internal controls; (3) NAPCO's unaudited financial statements from September 30, 2022 to the present included "certain errors" such as overstating inventory and understanding net COGS, resulting in overstated gross profit, operating income and net income for each period; and (4) as a result, NAPCO would need to restate its previously filed unaudited financial statements for certain periods. If you bought shares of NAPCO between November 7, 2022 and August 18, 2023, and you suffered a significant loss on that investment, you are encouraged to discuss your legal rights by contacting Corey Holzer, Esq. at cholzer@holzerlaw.com or Joshua Karr, Esq. at jkarr@holzerlaw.com, by toll-free telephone at (888) 508-6832 or you may visit the firm's website at www.holzerlaw.com/case/napco/ to learn more. The deadline to ask the court to be appointed lead plaintiff in the case is October 30, 2023. Holzer & Holzer, LLC, an ISS top rated securities litigation law firm for 2021 and 2022, dedicates its practice to vigorous representation of shareholders and investors in litigation nationwide, including shareholder class action and derivative litigation. Since its founding in 2000, Holzer & Holzer attorneys have played critical roles in recovering hundreds of millions of dollars for shareholders victimized by fraud and other corporate misconduct. More information about the firm is available through its Web site , www.holzerlaw.com, and upon request from the firm. Holzer & Holzer, LLC has paid for the dissemination of this promotional communication, and Corey Holzer is the attorney responsible for its content. CONTACT: Corey Holzer, Esq. (888) 508-6832 (toll-free) cholzer@holzerlaw.com [GN] NEXT INSURANCE: Harris Sues Over Illegal Debt Collection Practices ------------------------------------------------------------------ Dejoun Harris, individually and on behalf of all those similarly situated v. Next Insurance, Inc., Case No. 179500404 (Fla. Cir., 4th Judicial, Duval Cty., Aug. 11, 2023) accuses the Defendant of violating the Florida Consumer Collection Practices. The Plaintiff allegedly had a consumer debt which Next Insurance attempted to collect on August 9, 2023, at 1:32 AM on Plaintiff's time zone without Plaintiff's prior consent. This practice violates the FCCPA. Next Insurance is a Delaware corporation, with its principal place of business located in Palo Alto, CA.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com jen@jibraellaw.com NUCOR CORP: Fails to Protect Personal Info, Burleson Claims ----------------------------------------------------------- Christopher Burleson, on behalf of himself and all others similarly situated v. NUCOR Corporation, Case No. 3:23-cv-00506-FDW-SCR (W.D.N.C., August 11, 2023) accuses the Defendant of failing to properly secure sensitive information belonging to Plaintiff and Class Members in violation of the Federal Trade Commission Act. The Plaintiff is an employee of NUCOR Corporation whose personally identifiable information, including name, bank account number, routing number, and amounts deposits to employee account, was compromised in a cyberattack that occurred between approximately May 26, 2023 and June 1, 2023. NUCOR failed to adequately protect Plaintiff's and Class Members' PII, resulting in the data breach. The victims now face multiple years of ongoing identity theft and financial fraud, says the suit. NUCOR Corporation is an American producer of steel and related products headquartered in Charlotte, NC. [BN] The Plaintiff is represented by: Scott Harris, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5003 Facsimile: (919) 600-5035 E-mail: sharris@milberg.com - and – Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and – Andrew J. Shamis, Esq. SHAMIS & GENTILE P.A. 14 NE 1st Ave., Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com - and – Jeff Ostrow, Esq. Kristen Lake Cardoso, Esq. Steven Sukert, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: ostrow@kolawyers.com cardoso@kolawyers.com sukert@kolawyers.com PACIFIC COAST: Correa Sues Over Misleading Food Product Labels -------------------------------------------------------------- PABLO CORREA, individually and on behalf of all others similarly situated, Plaintiff v. PACIFIC COAST PRODUCERS, Defendant, Case No. 3:23-cv-04035-TSH (N.D. Cal., Aug. 9, 2023), asserts claims for the Defendant's violations of the California Unfair Competition Law, for unjust enrichment, and for breach of express warranty as Defendant markets its canned tomato products in a systematically misleading manner by misrepresenting that the products do not contain preservatives. The Defendant clearly lists "No Preservatives" on Products' label, capitalizing on the preference of health-conscious consumers to purchase foods that are free from preservatives. However, its products contain "citric acid" -- a well-known preservative used in food products. As a result of its deceptive conduct, Defendant violates state consumer protection statutes and has been unjustly enriched at the expense of consumers, the suit alleges. Pacific Coast Producers operates the largest tomato canning facility in the United States, and formulates, manufactures, advertises, and/or sells multiple types of canned tomatoes throughout the United States, including in California. [BN] The Plaintiff is represented by: Frederick J. Klorczyk III, Esq. Julian C. Diamond, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Fl. New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: fklorczyk@bursor.com jdiamond@bursor.com PACIFIC OFFICE: Peppers Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Deveon Peppers, individually, and on behalf of other members of the general public similarly situated v. PACIFIC OFFICE AUTOMATION, INC., an Oregon corporation; and DOES 1 through 10, inclusive, Case No. 23CV004939 was removed from the Superior Court of the State of California for the County of Los Angeles, to the United States District Court for the Central District of California on Aug. 30, 2023, and assigned Case No. 2:23-cv-07181. The Complaint alleges ten employment-related causes of action: Unpaid Overtime; Unpaid Minimum Wages; Failure to Provide Meal Periods; Failure to Authorize and Permit Rest Periods; Non-Compliant Wage Statements and Failure to Maintain Accurate Payroll Records; Wages Not Timely Paid Upon Termination; Failure to Timely Pay Wages During Employment; Unreimbursed Business Expenses; Violation of California Business & Professions Code; Violation of California Business & Professions Code (Unfair Business Practices); all in violation of California Labor Code.[BN] The Defendant is represented by: John P. LeCrone, Esq. Valerie Gallo, Esq. DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, CA 90017-2566 Phone: (213) 633-6800 Fax: (213) 633-6899 Email: johnlecrone@dwt.com valeriegallo@dwt.com - and - Tiffanie De La Riva, Esq. DAVIS WRIGHT TREMAINE LLP 50 California Street, 23rd Floor San Francisco, CA 94111-4701 Phone: (415) 276-6500 Fax: (415) 276-6599 Email: tiffaniedelariva@dwt.com PALANTIR TECH: Consolidated Shareholder Suit on SEC Filings Ongoing ------------------------------------------------------------------- Palantir Technologies Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that on October 25, 2022, a putative securities class action complaints was filed in the United States District Court for the District of Colorado, captioned "Allegheny County Employees' Retirement System v. Palantir Technologies, Inc., et al.," Case No. 1:22-cv-02805, naming the company and certain current and former officers and directors as defendants. The suit alleges false and misleading statements about its business and prospects, and purport to allege claims under the Securities Exchange Act of 1934, as amended and the Securities Act of 1933, as amended, and seek unspecified damages and remedies under Sections 10(b), 20(a), and 20(A) of the Exchange Act and Sections 11 and 15 of the Securities Act. This action was subsequently consolidated as "Cupat v. Palantir Technologies Inc., et al.," Lead Civil Action No. 1:22-cv-02834-CNS-SKC, consolidated with civil actions 1:22-cv-02805-CNS-SKC and 1:22-cv-02893-CNS-SKC. Palantir Technologies Inc. builds and deploys software platforms that serve as the central operating systems for its customers. PALANTIR TECH: Faces Shareholder Suit on SEC Filing in CO Court --------------------------------------------------------------- Palantir Technologies Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that on November 21, 2022, a stockholder derivative action was filed in the United States District Court for the District of Colorado, captioned Li v. Karp, et al., Case No. 22-cv-3028 against certain current and former officers and directors asserting breach of fiduciary duty and related claims relating to the allegations of the securities class action complaints and seek unspecified damages and injunctive remedies under Section 14(a) of the Exchange Act and Delaware law. Palantir Technologies Inc. builds and deploys software platforms that serve as the central operating systems for its customers. PALANTIR TECH: Miao Shareholder Suit on SEC Filing Ongoing in DE ---------------------------------------------------------------- Palantir Technologies Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that on January 27, 2023, a stockholder derivative action was filed in the United States District Court for the District of Delaware captioned "Miao v. Karp, et al.," Case No. 1:23-cv-00103-MN, each against certain current and former officers and directors asserting breach of fiduciary duty and related claims relating to the allegations of the securities class action complaints and seek unspecified damages and injunctive remedies under Section 14(a) of the Exchange Act and Delaware law. Palantir Technologies Inc. builds and deploys software platforms that serve as the central operating systems for its customers. PALANTIR TECH: Parmenter Shareholder Suit on SEC Filing Ongoing --------------------------------------------------------------- Palantir Technologies Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that on January 13, 2023, a stockholder derivative actions was filed in the United States District Court for the District of Colorado, captioned "Parmenter v. Karp, et al.," Case No. 23-cv-118, against certain current and former officers and directors asserting breach of fiduciary duty and related claims relating to the allegations of the securities class action complaints and seek unspecified damages and injunctive remedies under Section 14(a) of the Exchange Act and Delaware law. Palantir Technologies Inc. builds and deploys software platforms that serve as the central operating systems for its customers. PARIS FASHION: Dawson Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Paris Fashion, Inc. The case is styled as Lashawn Dawson, on behalf of himself and all others similarly situated v. Paris Fashion, Inc. doing business as: clothingisland.com, Case No. 1:23-cv-07697 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Paris Fashion, Inc. is a nonprofit organization 501c3 helping fashion designers, models and artists from all over the world to be introduced in the capital of fashion - Paris France.[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 PATSY'S ITALIAN: Clement Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Patsy's Italian Restaurant, Inc. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. Patsy's Italian Restaurant, Inc., Case No. 1:23-cv-06544 (E.D.N.Y., Aug. 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Patsy's Italian Restaurant -- https://www.patsys.com/ -- is an Italian restaurant that offers food and beverage services.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com PENSION BENEFIT: Suit Filed in S.D. California ---------------------------------------------- A class action lawsuit has been filed against Pension Benefit Information, LLC. The case is styled as John Doe, individually and on behalf of all others similarly situated v. Pension Benefit Information, LLC, Case No. 3:23-cv-01610-BEN-BGS (D.S.C., Aug. 31, 2023). The nature of suit is stated as Other Contract. Pension Benefit Information -- https://www.pbinfo.com/ -- provides pension management service.[BN] The Plaintiff is represented by: Isam C Khoury, Esq. Rosemary Khoury, Esq. Timothy D Cohelan, Esq. COHELAN KHOURY & SINGER 605 C Street, Suite 200 San Diego, CA 92101 Phone: (619) 595-3001 Fax: (619) 595-3000 Email: ikhoury@ckslaw.com rkhoury@ckslaw.com tcohelan@ck-lawfirm.com - and - Patrick N. Keegan, Esq. KEEGAN & BAKER, LLP 2292 Faraday Avenue, Suite 100 Carlsbad, CA 92008 Phone: (760) 929-9303 Fax: (760) 929-9260 Email: pkeegan@keeganbaker.com PETE'S TAVERN: Clement Files ADA Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Pete's Tavern, Inc. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. Pete's Tavern, Inc., Case No. 1:23-cv-06510 (E.D.N.Y., Aug. 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Pete's Tavern -- https://www.petestavern.com – is the oldest operating bar & restaurant in NYC.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com PINNACLE FRAC: Fails to Pay Proper Overtime Wages, Carr Suit Claims ------------------------------------------------------------------- Robert Carr, individually and on behalf of all others similarly situated, Plaintiff v. Pinnacle Frac Transport LLC, Defendant, Case No. 4:23-cv-00709 (E.D. Tex., Aug. 7, 2023), arises out of the Defendant's violations of the Fair Labor Standards Act and the Portal-to-Portal Act. The Plaintiff began working for Defendant on or about February 2022 and stopped working on or about February 2023. However, the Defendant did not pay all overtime premium compensation due to its employees paid on a day rate who routinely worked in excess of 40 hours per workweek. Accordingly, Plaintiff seeks damages for the Defendant's failure to pay Plaintiff time and one-half the regular rate of pay for all hours worked over 40 during each seven day workweek while working for Defendant paid on a day rate basis, says the suit. Pinnacle Frac Transport LLC is a limited liability company organized under the laws of the State of Arkansas. [BN] The Plaintiff is represented by: Melinda Arbuckle, Esq. Ricardo J. Prieto, Esq. 5050 Quorum Drive, Suite 700 Dallas, TX 75254 Telephone: (214) 489-7653 Facsimile: (469) 319-0317 E-mail: marbuckle@wageandhourfirm.com rprieto@wageandhourfirm.com PLEASANT HILL GRAIN: DiMeglio Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Pleasant Hill Grain, LLC. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. Pleasant Hill Grain, LLC, Case No. 1:23-cv-07704 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Pleasant Hill Grain -- https://pleasanthillgrain.com/ -- offers grain mills to Berkey water purifiers & commercial vacuum sealers.[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 PROFESSIONAL AUDIO: Mercedes Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Professional Audio Design, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Professional Audio Design, Inc., Case No. 1:23-cv-07711 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Professional Audio Design, Inc. -- https://www.proaudiodesign.com/ -- is responsible for dozens of stellar world-class studios around the globe, as well as educational facilities, live sound venues, video post-production studios, and more.[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 PROGRESSIVE CASUALTY: Faces Barbosa Suit Over Data Security Failure ------------------------------------------------------------------- EDUARDO BARBOSA, on behalf of himself and all others similarly situated, Plaintiff v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant, Case No. 1:23-cv-01555 (N.D. Ohio, Aug. 9, 2023) alleges claims against the Defendant for negligence, unjust enrichment, breach of implied contract, and for violations of the California Consumer Privacy Act and the California Customer Records Act. On May 19, 2023, Progressive received written notification that some of its third-party service provider's employees improperly shared their Progressive access credentials with unauthorized individuals who purportedly performed the employees' call center job duties. Progressive investigated the attack with the assistance of third-party computer specialists. Thus, the unauthorized individuals had access to the personal and confidential information of some of Progressive's customers. Progressive did not disclose how many individuals had unauthorized access to the confidential information, says the suit. This class action seeks to redress Progressive's alleged unlawful, willful, and wanton failure to protect the PII of approximately 347,100 individuals that was accessed and viewed by unauthorized actors in a massive and preventable data breach of Defendant's network, in violation of its legal obligations. Progressive is an insurance company based out of Mayfield Village, OH, that provides a range of insurance products such as, personal and commercial automobile insurance, motorcycle insurance, boat insurance, property insurance, and recreational vehicle insurance. [BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com PURPOSE FINANCIAL: Jones Files Suit in D. South Carolina -------------------------------------------------------- A class action lawsuit has been filed against Purpose Financial Inc. The case is styled as Dana Jones, on behalf of herself and all others similarly situated v. Purpose Financial Inc. formerly known as: Advance America Cash Advance Centers Inc., Case No. 6:23-cv-04354-DCC (S.D.N.Y., Aug. 30, 2023). The nature of suit is stated as Other Contract. Purpose Financial -- https://www.havepurpose.com/ -- is a consumer financial services company that offers a wide range of financial solutions and credit products.[BN] The Plaintiff is represented by: Glenn V. Ohanesian, Esq. OHANESIAN AND OHANESIAN PO Box 2433 Myrtle Beach, SC 29578 Phone: (843) 626-7193 Email: ohanesianlawfirm@cs.com R.M. WILLIAMS US NY: Clement Files ADA Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against R.M. Williams US NY, LLC. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. R.M. Williams US NY, LLC, Case No. 1:23-cv-06513 (E.D.N.Y., Aug. 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. R.M. Williams -- https://www.rmwilliams.com/ -- creates purposefully designed, beautiful footwear, craft and accessories to enjoy on all of life’s adventures.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com RACETRAC INC: Fails to Pay Proper Overtime Wages, Bruce Alleges --------------------------------------------------------------- JENNIFER BRUCE, individually, and on behalf of herself and others similarly situated, Plaintiff v. RACETRAC, Inc., Defendant, Case No. 3:23-cv-00818 (M.D. Tenn., Aug. 7, 2023) seeks to recover unpaid overtime wages, liquidated damages, reasonable attorneys' fees, costs and other relief under the Fair Labor Standards Act. The Plaintiff and those similarly situated performed work for Defendant in excess of 40 hours per week within weekly pay periods during all times material without being compensated at the applicable FLSA overtime compensation rate of pay for such overtime hours. The Defendant has had a common practice of either failing to record all of the compensable overtime hours of Plaintiff and those similarly situated into its time keeping system or editing some of their compensable overtime hours out of its time keeping system within weekly pay periods during all times material to this action, says the suit. RaceTrac, Inc. owns and operates some 600 convenience stores in Tennessee, Florida, Alabama, Georgia, Louisiana, Mississippi and Texas. [BN] The Plaintiff is represented by: Gordon E. Jackson,Esq. J. Russ Bryant, Esq. James L. Holt, Jr., Esq. JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com rbryant@jsyc.com jholt@jsyc.com ROAD MASTER: Fails to Pay Overtime Premiums, Brooks et al. Claim ---------------------------------------------------------------- Gregory Brooks, Henry Jackson, and William Anderson on behalf of themselves and all others similarly situated, Plaintiffs v. Road Master, Inc., Davenport Towing and Recovery, LLC, and Douglas O. Williams, individually, Defendants, Case No. 2:23-cv-02478 (W.D. Tenn., Aug. 7, 2023) arises from the Defendants' payroll policies and practices that violated the Fair Labor Standards Act. In May 2023, Davenport Towing employed Plaintiffs Gregory Brooks, Henry Jackson, and William Anderson to work as a light duty tow-truck drivers. The Plaintiffs regularly worked between 84 to 140 hours per week but were not paid an overtime premium, says the suit. For said violations, Plaintiffs seek, on behalf of themselves and all others similarly situated, declaratory relief; unpaid back wages; liquidated and/or other damages as permitted by applicable law; and attorney's fees, costs, and expenses incurred in this action. Road Master, Inc. is a Tennessee based company, and may be reached for service through its registered agent, Douglas O. Williams, at 2408 Lloyd Avenue, Nashville, Tennessee. [BN] The Plaintiffs are represented by: Alan G. Crone, Esq. Philip Oliphant, Esq. Hannah Strong, Esq. THE CRONE LAW FIRM, PLC 88 Union Avenue, 14th Floor Memphis, TN 38103 Telephone: (800) 403-7868 (901) 737-7740 Facsimile: (901) 474-7926 E-mail: acrone@cronelawfirmplc.com poliphant@cronelawfirmplc.com hstrong@cronelawfirmplc.com SANTANDER HOLDINGS: Oct. 17 Hearing on Final OK of Settlement Set ------------------------------------------------------------------ Santander Holdings USA, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 7, 2023, that a final settlement approval hearing is scheduled for October 17, 2023 for a putative Pennsylvania-only class action pending in the United States District Court for the Eastern District of Pennsylvania, captioned "Hugh and Christina Kelly v. Santander Consumer USA Holdings Inc.," Case No. 2:20-cv-03698. Said action alleges that Santander violated the Uniform Commercial Code and Pennsylvania Motor Vehicle Sales Finance Act, and that repossessions were not commercially reasonable or done in good faith when the post-repossession notice included a storage fee of $25 that was less than the stated amount. Plaintiffs also allege that SC failed to inform the consumers of a required fee to retrieve their personal affects. Plaintiffs allege that any fee charged by a recovery agent or auction house was impermissible due to the company's failure to disclose them. On December 16, 2022, the court preliminarily approved a settlement with SC pursuant to which SC will pay a total of $14 million to resolve the litigation. Santander Holdings USA, Inc. specializes in consumer financing focused on vehicle finance, servicing of third-party vehicle financing, and delivering service to dealers and customers across the full credit spectrum. SANTANDER SECURITIES: Faces Vega-Ortiz Suit in Puerto Rico ---------------------------------------------------------- Santander Holdings USA, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 7, 2023, that its affiliate, Santander Securities LLC (SSLLC) is a defendant to a Employee Retirement Income Security Act of 1974 (ERISA) putative class action pending against the owner of Real Legacy, Real Legacy Board members, the Plan's Trustee, actuaries and other defendants. The case is pending in the United States District Court for the District of Puerto Rico and captioned "Vega-Ortiz et al v. Cooperativa de Seguros Multiples de Puerto Rico, et al," Civ. No. 3:19-cv-02056. On April 13, 2020, participants of the Real Legacy Assurance Plan, a pension plan, filed an amended complaint alleging that SSLLC served as an investment manager to the Real Legacy Assurance Plan and breached its fiduciary duties by failing to ensure the plan was adequately funded. On November 24, 2021, the court denied each of the defendants' motions to dismiss. SSLLC filed its answer and discovery is ongoing. On April 4, 2023, the court granted the plaintiffs' motion for class certification. Santander Holdings USA, Inc. specializes in consumer financing focused on vehicle finance, servicing of third-party vehicle financing, and delivering service to dealers and customers across the full credit spectrum. SEALED AIR CORP: Settlement in Shareholder Suit Gets Final Nod -------------------------------------------------------------- Sealed Air Corporation disclosed in its Form 10-Q report for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that on January 20, 2023, the United States District Court for the Southern District of New York certified a settlement class and issued an order granting final approval of the settlement with regards to a putative class action complaint in against the company and certain of its current and former officers. On November 1, 2019, purported Company stockholder UA Local 13 & Employers Group Insurance Fund filed said suit. On June 4, 2020, the complaint was amended to remove all individual defendants other than the company's former CFO and to add a plaintiff, and on July 13, 2020, the complaint was further amended to identify a total of four plaintiffs. The complaint alleged violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 thereunder based on allegedly false and misleading statements and omissions concerning the company's hiring of Ernst & Young LLP as its independent auditors and concerning the company's corporate policies and procedures. The plaintiffs sought to represent a class of purchasers of the company's common stock between November 17, 2014 and June 20, 2019. The complaint sought, among other things, unspecified compensatory damages, including interest, and attorneys' fees and costs. On September 4, 2020, the company filed a motion to dismiss the complaint, and on June 1, 2021, the court issued a ruling that granted in part and denied in part the motion to dismiss. The company filed its answer to the complaint on July 15, 2021. On September 9, 2022, the parties signed a settlement agreement including a proposed settlement amount of $12.5 million, and on September 14, 2022, the court issued an order preliminarily approving such settlement. Sealed Air Corporation is a leading global provider of packaging solutions and materials, automation, equipment and services under CRYOVAC(R), LIQUIBOX(R) fluids and liquids systems, SEALED AIR(R) brand protective packaging, AUTOBAG(R) brand automated systems, BUBBLE WRAP(R) brand packaging, SEE Touchless Automation(TM) solutions and Prismiq(TM) digital packaging and printing. SEAMORE’S ON ICE: Fails to Pay Proper Wages, Chavez Alleges ------------------------------------------------------------- Stephani Galvez Chavez, on behalf of herself and others similarly situated v. SEAMORE’S ON ICE LLC, 1270 3RD RESTAURANT LLC d/b/a Seamore's, 390 BROOME RESTAURANT LLC d/b/a Seamore's, 161 8TH AVE RESTAURANT LLC d/b/a Seamore's, S OUT EAST LLC d/b/a Seamore's, S UP TOP LLC d/b/a Seamore's, S DOWN BELOW LLC d/b/a The Hull Sports Bar, S BIG SWING LLC d/b/a Seamore's, JAY WAINWRIGHT and MICHAEL CHERNOW, Case No. 1:23-cv-07141 (S.D.N.Y., August 11, 2023) accuses the Defendants of violations of the Fair Labor Standards Act and the New York Labor Law. The Plaintiff was originally employed as a Dishwasher by Defendant Seamore's for its restaurant in Chelsea. She was eventually promoted to a Salad Preparer and eventually promoted further to a Line Cook. However, on or around January 1, 2023, Plaintiff was laid off by the company after requesting time off. The Plaintiff alleges that Seamore's failed to pay her and all similarly situated employees their lawful wages for all hours worked, including overtime compensation. The Defendants collectively own and operate a chain of restaurants under the trade name "Seamore's" in various locations throughout New York. [BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 SIMPLY FOOTWEAR: Mercedes Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Simply Footwear Utah, LLC. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Simply Footwear Utah, LLC, Case No. 1:23-cv-07707 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Simply Footwear Utah, which also operates under the name Simply Birkenstock -- https://www.simplybirkenstock.com/ -- offers sandals, clogs, shoes, slippers & boots.[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 SMARTLINX SOLUTION: Faces Class Suit Over Biometric Collection -------------------------------------------------------------- Mary Haydock of Cook County Record reports that another workplace timeclock vendor has been targeted by a class action under Illinois' biometrics privacy law, this time against workforce management software developer Smartlinx Solution. Named plaintiff Marquavion Kyles filed suit on Aug. 1 in Cook County Circuit Court on behalf of himself and others against Smartlinx Solution. Founded in 2000, Smartlinx is focused in the healthcare industry as a vendor of workforce and human capital management software. The company offers products focused on talent acquisition and onboarding, human resources, benefits and payroll, time and attendance, scheduling, compliance and business analytics. According to the complaint, a key product Smartlinx markets and develops are so-called biometric timekeeping devices which require employees to scan fingerprints to verify their identities when clocking in and out of work. Kyles is accusing Smartlinx of violating the Illinois Biometric Information Privacy Act by allegedly sharing his and others' scanned fingerprints without collecting prior consent or making available retention and destruction schedules, and for supposed improper storage and destruction of individuals' biometric data, as required by the BIPA law. Kyles is represented by attorneys Ryan F. Stephan, James B. Zouras and Michael Casas, of the firm of Stephan Zouras, of Chicago. Smartlinx joins the long and growing list of businesses targeted by a string of class action lawsuits under the BIPA law. As with the thousands of other complaints filed under BIPA , similar lawsuits all generally accuse the defendant entities of requiring the collection of biometric data, which can include fingerprint scans, facial recognition, retinal scans, or voice recordings, without first securing consent from the user or providing them with notices required. Under BIPA, plaintiffs are allowed to demand damages of $1,000-$5,000 per violation in which someone's biometrics are scanned. The Illinois Supreme Court has ruled individual violations under the law could include every time an employee scans a fingerprint in the workplace, for instance. Thus, damages could amount to $1,000 or $5,000 multiplied across entire workforces scanning their fingerprints multiple times per day, threatening employers with damages worth many millions or even billions of dollars, depending on the size of the company and its presence in Illinois. In addition to direct employers and social media companies like Facebook, Google and Snap, the lawsuits have also targeted the vendors who supply the timeclock technology used by employers. Several major workforce management tech companies, including Kronos and ADP, have already settled certain class actions against them. ADP settled for $25 million in 2021, while Kronos agreed to pay $15 million in 2022. Other timeclock vendors have settled for around $3.5 million each. In each of the settlements, lawyers who bring the lawsuits typically claim attorney fees equal to about one third of the settlement funds. The Stephan Zouras firm also helped lead several of those class actions, including the suits against Kronos and ADP. [GN] SPIRIT AIRLINES: Settles Suit for $8.25M Over Carry-on Bag Fees --------------------------------------------------------------- Reuters of NBC News reports that Spirit Airlines has agreed to pay up to $8.25 million to settle a class action lawsuit by passengers who said the low-cost carrier blindsided them with surprise carry-on bag fees on tickets bought through third-party travel services. Lawyers for the passengers disclosed the deal in a motion late on August 23, 2023 in federal court in Brooklyn and asked a judge to approve it, saying it "represents a fair compromise." The class includes first-time Spirit fliers who booked their flights through Expedia, Travelocity, Kiwi, CheapOair, CheapTickets or BookIt between August 2011 and May 2017, when the lawsuit was filed. Eligible travelers who seek refunds under the deal will get up to 75% of their fees back, though it could be lower depending on the total amount of refunds sought by all class members. The $8.25 million maximum payout will include attorneys' fees, according to the motion. Spirit and lawyers for the plaintiffs did not immediately respond to requests for comment. Like other low-cost airlines, Miramar, Florida-based Spirit relies on added fees to help make up for lower base fares. Plaintiffs in the 2017 lawsuit accused the carrier of advertising misleading low prices on travel websites that concealed the "gotcha" bag fees travelers would have to pay at the airport. They said these fees were sometimes as much as the tickets themselves. The plaintiffs originally sought $100 million in punitive damages, though that was dropped from a later version of the lawsuit. [GN] SPRINT SOLUTIONS: Buckley Sues Over Mobile Services' False Ads -------------------------------------------------------------- TRISTRAM BUCKLEY, Plaintiff, on behalf of himself and all others similarly situated v. SPRINT SOLUTIONS, INC. MASAYOSHI SON, an individual, SOFTBANK CORP., MANAGER JOHN DOE, an individual FROM THE MANHATTAN BEACH SPRINT STORE NO. 6875 and DOES 1-100, Defendants, Case No. 23SMCV03608 (Cal. Super. Ct., Los Angeles Cty., Aug. 7, 2023) alleges claims against the Defendants for theft by false pretenses, fraud and deceit, false advertising, unfair competition, and for violations of the Consumer Legal Remedies Act. According to the complaint, when it compared its services to its competitors, stating it would provide the same services for half the price, Sprint fraudulently concealed and failed to disclose that it was not providing Consumers with the same fundamental services that all the other major carriers provided as part of their basic service. Thus, Plaintiff Buckley, on behalf of himself and all others similarly situated, seeks for, among other things, an injunctive relief prohibiting the Defendants from engaging in further false advertising and misrepresentations concerning the quality, reliability and extent of its network. Controlled by billionaire Masayoshi Son, Sprint Solutions, Inc. was the third largest provider of mobile services behind AT&T and Verizon but with more subscribers than T-Mobile. [BN] The Plaintiff is represented by: Tristram T. Buckley, Esq. 426 S. Rexford Drive, Suite 12 Beverly Hills, CA 90212 Telephone: (310) 980-1842 E-mail: Tristram_Buckley@yahoo.com STAN'S BOOTERY: Mercedes Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Stan's Bootery, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Stan's Bootery, Inc., Case No. 1:23-cv-07710 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Stan's Bootery, Inc. -- https://www.stansfootwear.com/ -- are a locally owned & operated shoe and accessory store started in 1950 in Milwaukee, Wisconsin.[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 STITCH N PRINT: Martin Files ADA Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against The Stitch N Print Store, Inc. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. The Stitch N Print Store, Inc., Case No. 1:23-cv-06444 (E.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Stitch N Print Store -- https://thestitchnprintstore.com/ -- provide businesses with Custom Shirts, T-Shirts Designs, Embroideries & Screen Printing Services Near Me. Contact Us For Orders.[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 SUNCAKES LLC: Faces Brown Suit Over Unpaid Overtime Wages --------------------------------------------------------- MARQUITA BROWN, Individually, and on behalf of herself and others similarly situated, Plaintiff v. SUNCAKES, L.L.C. and SUNCAKES TN, LLC, Defendants, Case No. 3:23-cv-00819 (M.D. Tenn., Aug. 7, 2023) seeks to recover unpaid overtime wages, liquidated damages, reasonable attorneys' fees, costs and other relief under the Fair Labor Standards Act (FLSA). The Defendants employed Plaintiff and many other similarly situated hourly-paid crew chiefs who were not compensated for all their compensable overtime as required by the FLSA. In addition, the Defendants failed to maintain and keep accurate pay records of Plaintiff and those similarly situated during all times material, in violation of the FLSA, says the suit. SunCakes, LLC and SunCakes TN, LLC own and operate IHOP (International House of Pancakes) franchised restaurants in Tennessee and in several other states. [BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. James L. Holt, Jr., Esq. JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com rbryant@jsyc.com jholt@jsyc.com SUPPZ INC: Mercedes Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Suppz, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Suppz, Inc., Case No. 1:23-cv-07720 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Suppz.com -- https://suppz.com/ -- is an online bodybuilding/fitness supplement retailer.[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 TEMASEK HOLDINGS: Chernyavsky et al. Sue over Securities Fraud -------------------------------------------------------------- ALEXANDER CHERNYAVSKY et al., on behalf of himself and all others similarly situated, Plaintiffs v. TEMASEK HOLDINGS (PRIVATE) LIMITED, et al., Defendants, Case No. 1:23-cv-22960 (S.D. Fla., Aug. 7, 2023), arises from the Defendants' actions that allegedly contributed to the collapse of the FTX Group and violated numerous laws, including laws related to the sale of unregistered securities, consumer protection, professional malpractice, the California Unfair Competition Law, the California False Advertising Law, the California Corporations Code, the Florida Deceptive and Unfair Trade Practices Act, the Florida Securities and Investor Protection Act, and various common law causes of action. The suit arises from the Defendants' aiding and abetting and/or actively participating in the FTX Group's massive, multi-billion dollar global fraud, and 2) promoting, offering, or selling unregistered securities such as FTX's yield-bearing accounts and FTX's native cryptocurrency token. Specifically, the FTX Group offered and sold securities without proper registration, thereby depriving Plaintiffs of financial and risk-related disclosures that would have impacted their calculus as to whether to invest in the FTX Group. Rather than heed the myriad warnings from the SEC dating as far back as 2017, the FTX Group chose instead to skirt US regulation through deception, says the suit. Temasek Holdings is a global commercial investment company owned by the Government of Singapore, with a portfolio valued at more than $280 billion. The company operates in North America primarily through its wholly owned subsidiary, Defendant Temasek International (USA) LLC, a Delaware corporation with a registered California corporate branch in San Francisco, California. [BN] The Plaintiffs are represented by: Timothy A. Kolaya, Esq. Amy M. Bowers, Esq. STUMPHAUZER KOLAYA NADLER & SLOMAN, PLLC 2 South Biscayne Boulevard, Suite 1600 Miami, FL 33131 Telephone: (305) 614-1400 Facsimile: (305) 614-1425 E-mail: tkolaya@sknlaw.com abowers@sknlaw.com - and - James R. Swanson, Esq. Kerry J. Miller, Esq. Benjamin D. Reichard, Esq. Molly L. Wells, Esq. C. Hogan Paschal, Esq. FISHMAN HAYGOOD L.L.P. 201 St. Charles Avenue, 46th Floor New Orleans, LA 70170-4600 Telephone: (504) 586-5252 Facsimile: (504) 586-5250 E-mail: jswanson@fishmanhaygood.com kmiller@fishmanhaygood.com breichard@fishmanhaygood.com mwells@fishmanhaygood.com hpaschal@fishmanhaygood.com - and - Joseph R. Saveri, Esq. Christopher Young, Esq. JOSEPH SAVERI LAW FIRM 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500-6800 E-mail: jsaveri@saverilawfirm.com cyoung@saverilawfirm.com - and - Robert Lieff, Esq. P.O. Drawer A, Esq. Rutherford, CA 94573 E-mail: rlieff@lieff.com - and - David Boies, Esq. Alexander Boies, Esq. Brooke Alexander, Esq. BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 E-mail: dboies@bsfllp.com aboies@bsfllp.com balexander@bsfllp.com - and - Adam M. Moskowitz, Esq. Joseph M. Kaye, Esq. THE MOSKOWITZ LAW FIRM, PLLC 3250 Mary Street, Suite 202 Coconut Grove, FL 33133 Telephone: (305) 740-1423 E-mail: adam@moskowitz-law.com joseph@moskowitz-law.com TIER-ONE PROPERTY: Faces De Martinez Suit Over Unpaid Wages ----------------------------------------------------------- Blanca Castillo De Martinez, Vilma Somoza De Cienfuegos, Richard Cienfuegos, and Armida Garcia, individually and on behalf of all others similarly situated v. Tier-One Property Services, LLC, James Harold Hatchett III, and Claudia Eguez-Buchanan, Case No. 1:23-cv-02339 (D.D.C, Aug. 11, 2023) seeks any and all available relief under the Fair Labor Standards Act of 1938, the District of Columbia Minimum Wage Act, and the District of Columbia Wage Payment and Collection Law. The Plaintiffs were employed by Defendant Tier-One as "public workers" between 2021 and 2023 during which the company was contracted to perform public work at the Federal Reserve Buildings and other buildings within the District of Columbia. The Plaintiffs bring this class action against the Defendants for unpaid wages, unpaid overtime premium compensation, liquidated damages, attorneys' fees and costs, and/or any other relief as the Court may deem appropriate. Tier-One is a Delaware limited liability company engaged in the facilities services industry, with its principal place of business located in Kansas City, MO. [BN] The Plaintiffs are represented by: Michael K. Amster, Esq. Thomas K. Eiler, Esq. Zipin, Amster & Greenberg, LLC 8757 Georgia Avenue, Suite 400 Silver Spring, MD 20910 Telephone: (301) 587-9373 Facsimile: (240) 839-9142 E-mail: mamster@zagfirm.com teiler@zagfirm.com TMG HEALTH INC: Izbicki Files Suit in E.D. Pennsylvania ------------------------------------------------------- A class action lawsuit has been filed against TMG Health, Inc. The case is styled as Maria Izbicki, individually, and on behalf of all others similarly situated v. TMG Health, Inc., Case No. 2:23-cv-03378 (E.D. Pa., Aug. 29, 2023). The nature of suit is stated as Other Contract. TMG Health is a national provider of expert solutions for Medicare Advantage, Medicare Part D and Managed Medicaid plans.[BN] The Plaintiff is represented by: Mark C. Rifkin, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue, 10th Floor New York, NY 10016 Phone: (212) 545-4600 Fax: (212) 545-4653 Email: rifkin@whafh.com UNITED PARCEL SERVICE: Beristain Suit Removed to C.D. California ---------------------------------------------------------------- The case styled as Desmond Beristain, individually and on behalf of all other similarly situated v. United Parcel Service, Inc., UPS Capital Corporation, DOES 1-10, Case No. 23STCV17917 was removed from the Los Angeles Superior Court, to the U.S. District Court for the Central District of California on Aug. 31, 2023. The District Court Clerk assigned Case No. 2:23-cv-07241 to the proceeding. The nature of suit is stated as Other Contract. United Parcel Service -- https://www.ups.com/ -- is an American multinational shipping & receiving and supply chain management company founded in 1907.[BN] The Plaintiff appears pro se. The Defendant is represented by: Gregory B. Koltun, Esq. MORRISON AND FOERSTER LLP 707 Wilshire Boulevard Suite 6000 Los Angeles, CA 90017 Phone: (213) 892-5200 Fax: (213) 892-5454 Email: gkoltun@mofo.com UNITED STATES: Conklin Sues Over Nonpayment of Overtime Wages ------------------------------------------------------------- TAD E. CONKLIN, MANUEL ANDRADE, LINSEY I. BETTS, JORDAN A. HILLIARD, MARIO LANTIGUA, KIMBERLY R. LINCOLN, COURTNEY S. LUDWIG, ALEXANDER ROBERT, and DANIEL T. SEMRAU, on behalf of themselves and all others similarly situated v. The United States Postal Service (USPS), Case No. 1:23-cv-07122 (S.D.N.Y., Aug. 11, 2023) accuses the Defendant of violating the Fair Labor Standards Act. The Plaintiffs work as Postal Inspectors for Defendant USPS. They participated in USPS's 16-week residential Basic Inspector Training (BIT) program from August 15, 2021 through December 4, 2021. However, USPS did not pay them for time spent working beyond 40 hours in a week in mandatory training and instruction. The Plaintiffs seek damages and other relief as may be just and proper. The USPS is an independent agency of the United States government responsible for providing postal service in the country, including its insular areas and associated states. [BN] The Plaintiffs are represented by: Sarah M. Block, Esq. Gregory K. McGillivary, Esq. John W. Stewart, Esq. Patrick J. Miller-Bartley McGILLIVARY STEELE ELKIN LLP 1101 Vermont Ave., N.W., Suite 1000 Washington, DC 20005 Telephone: (202) 833-8855 E-mail: smb@mselaborlaw.com gkm@mselaborlaw.com jws@mselaborlaw.com pmb@mselaborlaw.com UNITEDLEX CORPORATION: Glusky Suit Transferred to D. Kansas ----------------------------------------------------------- The case styled as Allison Glusky, individually and on behalf of all others similarly situated v. UnitedLex Corporation, Case No. 0:23-cv-61542 was transferred from the U.S. District Court for the Southern District of Florida, to the U.S. District Court for the District of Kansas on Aug. 31, 2023. The District Court Clerk assigned Case No. 2:23-cv-02382-HLT-ADM to the proceeding. The nature of suit is stated as Other Personal Property 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] NOTE: there are no profesionals stated in the doc. UPHOLD HQ: Court Rejects Motion to Dismiss in Unprotected Info Suit ------------------------------------------------------------------- Christopher Brown of Bloomberg Law reports that Uphold HQ persuaded a district court to trim back damages claims but otherwise failed to convince the court to dismiss a proposed class action alleging it failed to protect customers' cryptocurrency accounts from being hacked and looted. Zachary Nero, Jesse Smith, Gilles Boevi, and two other named plaintiffs alleged the digital money platform failed to properly implement a two-factor authentication system for their accounts, which allowed unauthorized users to drain their funds. Judge Denise Cote of the US District Court for the Southern District of New York rejected Uphold's argument that that the Electronic Funds Transfer Act didn't apply. [GN] UPS INC: Faces Baker Labor Suit in Washington Court --------------------------------------------------- United Parcel Service, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that in July 2023, the case captioned "Baker v. United Parcel Service, Inc. (DE) and United Parcel Service, Inc. (OH)" was certified as a class action in federal court in the Eastern District of Washington. The plaintiff in this matter alleges that UPS violated the Uniformed Services Employment and Reemployment Rights Act. United Parcel Service, Inc. is package delivery company and a provider of global supply chain management solutions. UPS INC: Plaintiffs in Hughes Suit Seek Rehearing ------------------------------------------------- United Parcel Service, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that in the first quarter of 2023, the Kentucky Supreme Court ruled in UPS' favor with regards to the case captioned "Hughes v. UPS Supply Chain Solutions, Inc. and United Parcel Service, Inc." Plaintiffs have filed a motion for rehearing before the Kentucky Supreme Court. This had previously been certified as a class action in Kentucky state court. In the second quarter of 2019, the court granted the company's motion for judgment on the pleadings related to the wage-and-hour claims. The plaintiffs' appeal of this decision was denied. However, they were granted a discretionary review by the Kentucky Supreme Court. United Parcel Service, Inc. is package delivery company and a provider of global supply chain management solutions. VALENTIN & KALICH: Martin Files ADA Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Valentin & Kalich Jewelry MFG., LTD. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Valentin & Kalich Jewelry MFG., LTD., Case No. 1:23-cv-06437 (E.D.N.Y., Aug. 29, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Valentin & Kalich Jewelry MFG -- https://www.valentinmagro.com/ -- operates in the Jewelry, Precious Stones and Precious Metals 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 VITRIPS LLC: Brockwell Sues Over Property Managers' Unpaid OT ------------------------------------------------------------- ANTHONY BROCKWELL, individually, and on behalf of himself and others similarly situated, Plaintiff v. VTRIPS, LLC, VACATION RENTAL PROS PROPERTY MANAGEMENT, LLC and STEVE MILO, Individually, Defendants, Case No. 3:23-cv-00277 (E.D. Tenn., Aug. 7, 2023) seeks to recover unpaid overtime compensation and other damages for Plaintiff and other similarly situated current and former employees who were classified as property managers and whose rights were violated by the Defendants under the Fair Labor Standards Act. The Plaintiff and potential plaintiffs performed work for Defendants in excess of 40 hours per week. However, they were misclassified as exempt property managers. As a result, the Defendants failed to pay Plaintiff and those similarly situated at the applicable FLSA overtime rates of pay within weekly pay periods during all times material to this action. Vtrips, LLC is a limited liability company, and owned and managed by Defendant Steve Milo, with its principal offices and headquarters located at 200 Executive Way (Suite 200), Ponte Vedra, FL. The company rents and manages home, apartments, condos, cabins and other structures for owners of such properties in Tennessee, Florida, Alabama, Georgia, Hawaii, Maryland, New Mexico, North Carolina, South Carolina and Texas. [BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. James L. Holt, Jr., Esq. J. Joseph Leatherwood IV, Esq. JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com rbryant@jsyc.com jholt@jsyc.com jleatherwood@jsyc.com VOYAGERS K9 APPAREL: Cromitie Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Voyagers K9 Apparel, LLC. The case is styled as Seana Cromitie, on behalf of herself and all others similarly situated v. Voyagers K9 Apparel, LLC, Case No. 1:23-cv-07746 (S.D.N.Y., Aug. 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Voyagers K9 Apparel -- https://k9apparel.com/ -- offers dog jackets, rain coats, booties, and other apparel that are custom sized to breed proportions and dimensions of the dog.[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 WARMEST DEAR: Bradford Files TCPA Suit in S.D. Texas ---------------------------------------------------- A class action lawsuit has been filed against Warmest Dear, LLC. The case is styled as Radley Bradford, individually, and on behalf of all others similarly situated v. Warmest Dear, LLC, Case No. 4:23-cv-03242 (S.D. Tex., Aug. 31, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Warmest Dear is located at 26025 Mureau Rd Ste 120, Calabasas, CA.[BN] The Plaintiff is represented by: Mohammed Omar Badwan, Esq. SULAIMAN LAW GROUP, LTD. 2500 S. Highland Avenue, Suite 200 Lombard, IL 60148 Phone: (630) 575-8181 Fax: (630) 575-8188 Email: mdaher@sulaimanlaw.com WATCHFINDER NORTH AMERICA: Erkan Files ADA Suit in E.D. New York ---------------------------------------------------------------- A class action lawsuit has been filed against Watchfinder North America, Inc. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Watchfinder North America, Inc., Case No. 1:23-cv-06537 (E.D.N.Y., Aug. 31, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Watchfinder North America, Inc. -- https://www.watchfinder.com/ -- enables customers to buy and sell pre-owned watches.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com WEST COAST: DiMeglio Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against West Coast Commercial Floor, Inc. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. West Coast Commercial Floor, Inc. doing business as: Floor City, Case No. 1:23-cv-07706-JHR (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. West Coast Flooring -- https://wcflooring.com/ -- is a full service flooring supply, specializing in carpet, hardwood flooring, laminate floors and luxury vinyl tile flooring.[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 WEST MEMPHIS FENCE: Ellison Sues Over Delivery Drivers' Unpaid OT ----------------------------------------------------------------- BRADLEY ALLEN ELLISON, individually, and on behalf of himself and others similarly situated, Plaintiff v. WEST MEMPHIS FENCE AND CONSTRUCTION, INC., Defendant, Case No. 2:23-cv-02490-SHL-cgc (W.D. Tenn., Aug. 9, 2023) alleges that the Defendant violated the Fair Labor Standards Act by failing to pay Plaintiff and other similarly situated current and former day-rate delivery drivers overtime compensation at the applicable FLSA overtime rates of pay within weekly pay periods. Plaintiff, Bradley Allen Ellison, was employed by Defendant as a day-rate employee performed work on behalf of Defendant for more than 40 hours per week. However, Plaintiff did not receive the applicable FLSA overtime compensation rates of pay for overtime hours, says the suit. Headquartered in West Memphis, AR, West Memphis Fence and Construction, Inc., builds and installs fencing for residential and commercial customers. [BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. James L. Holt, Jr., Esq. J. Joseph Leatherwood IV, Esq. JACKSON SHIELDS YEISER HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com rbryant@jsyc.com jholt@jsyc.com jleatherwood@jysc.com WORKPLACE INC: Chiappiniello Files Suit in D. Connecticut --------------------------------------------------------- A class action lawsuit has been filed against The WorkPlace, Inc. The case is styled as Amy Chiappiniello, on behalf of herself and all others similarly situated v. The WorkPlace, Inc., Case No. 3:23-cv-01154 (D. Conn., Aug. 31, 2023). The nature of suit is stated Other Personal Property for Property Damage. Workforce -- https://www.workplace.org/ -- development services for employers and job seekers in Southwestern Connecticut. Job training and continuing education services.[BN] The Plaintiff is represented by: Oren Faircloth, Esq. IZARD KINDALL & RAABE, LLP 29 South Main Street, Suite 305 West Hartford, CT 06107 Phone: (860) 493-6292 Email: ofaircloth@sirillp.com WRIGHT WEIGHT: Mercedes Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Wright Weight Equipment, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Wright Weight Equipment, Inc., Case No. 1:23-cv-07717 (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Wright Weight Equipment, Inc. -- https://wright-equipment.com/pages/ -- specialize in high quality, customized equipment for schools and gyms.[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 XOOM ENERGY: Mirkin Class Suit Ongoing -------------------------------------- NRG Energy, Inc. disclosed in its Form 10-Q report for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission in August 8, 2023, that the case captioned "Mirkin v. XOOM Energy" (August 2019, E.D.N.Y.) was filed against its subsidiary. NRG Energy Inc. acquired retail electricity, renewable and natural gas provider XOOM Energy LLC in 2018. Summary judgment is fully briefed. XOOM is waiting for a ruling from the trial court. NRG Energy, Inc. is an energy, smart home and services company fueled by proprietary technologies and complementary sales channels across the United States and Canada. YOSHINOYA AMERICA: Wong Sues Over Labor Code Violation ------------------------------------------------------ Chung Kong Wong, on behalf of the State of California, and others similarly situated and aggrieved v. YOSHINOYA AMERICA, INC., a Delaware Corporation; and DOES 1-100, inclusive, Case No. 23STCV20949 (Cal. Super. Ct., Los Angeles Cty., Aug. 30, 2023), is brought pursuant to California’s Private Attorney General Act, Labor Code ("PAGA"), to recover civil penalties (75% payable to the Labor and Workforce Development Agency and 25% payable to Aggrieved Employees) for The Defendants’ violations of the California Labor Code. The Plaintiff alleges that the Defendants created a uniform set of policies, practices and/or procedures concerning, inter alia, hourly and overtime pay, time-keeping practices, meal and rest periods, reimbursement of business expenses and other working conditions that were distributed to, and/or applied to the Plaintiff and Aggrieved Employees, and further that the Defendants uniformly compensated and controlled the wages of the Plaintiff and other Aggrieved Employees in a uniform manner, says the complaint. The Plaintiff worked for the Defendants as a non-exempt employee with a job title of assistant manager. The Defendants own, operate, manage and/or staff its employees to work at the restaurants, offices, facilities and/or other locations in California.[BN] The Plaintiff is represented by: Zachary Crosner, Esq. Jamie Serb, Esq. Brandon Brouillette, Esq. CROSNER LEGAL, P.C. 9440 Santa Monica Blvd. Suite 301 Beverly Hills, CA 90210 Phone: (866) 276-7637 Fax: (310) 510-6429 Email: zach@crosnerlegal.com jamie@crosnerlegal.com bbrouillette@crosnerlegal.com ZOO MED LABORATORIES: DiMeglio Files ADA Suit in S.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Zoo Med Laboratories, Inc. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. Zoo Med Laboratories, Inc., Case No. 1:23-cv-07703-PAE-JW (S.D.N.Y., Aug. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Zoo Med Laboratories, Inc. -- http://zoomed.com/-- is a manufacturer of specialty pet products for reptiles, amphibians, fish, insects, birds, and small mammals.[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 ********* 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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