/raid1/www/Hosts/bankrupt/CAR_Public/230927.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, September 27, 2023, Vol. 25, No. 194
Headlines
3M COMPANY: Spohr Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Wehye Sues Over Exposure to Toxic Aqueous Foams
A&J PHARMACY: Hires McConville Considine Cooman as Counsel
ABBOTT LAB: Filing for Class Cert Bid Extended to March 21, 2024
ACE ATTORNEY: Fails to Pay Proper Wages, Andrade Alleges
ADIDAS AMERICA: Court Narrows Claims in Smith Suit
AEROPRES CORP: Stewart Sues Over Sprays' High Levels of Benzene
AIR METHODS: Fisher Must File Opening Brief by Dec. 15
AMERICAN AIRLINES: Spence Must File Class Cert. Bid by Nov. 21
AMERICAN NATIONAL: Matthews Files Suit in S.D. Texas
AMERICAN WAGERING: Jackson Sues Over False Risk-Free Bet Promises
APPLE INC: Parties Seek to Seal Portions of Documents
ARAMARK SERVICES: Filing for Class Cert Extended to Jan. 15, 2024
AUGUSTANA UNIVERSITY: Senior Files ADA Suit in S.D. New York
BELLRING BRANDS: Suit Over Lead Contamination Ongoing
BIENVILLE ORTHOPAEDIC: Williams Files Suit in S.D. Mississippi
BIG LOTS: Faces Durant Class Suit Over Colombian Coffee False Ads
BLUE LION APPAREL: Cromitie Files ADA Suit in S.D. New York
BRENDAN KELLY: Cross Suit Seeks to Certify Sexual Predator Class
CARESOURCE: Fails to Secure Personal Info, Willis Suit Says
CARNIVOROUS PLANT: DiMeglio Files ADA Suit in S.D. New York
CATCH OYSTER: Velasquez Sues Over Restaurant Staff's Unpaid Wages
CELGENE CORP: Louisiana Health Sues Over Pomalidomide Monopoly
CHARTER COMMUNICATIONS: Gonzalez Alleges Deceptive Trade Practices
CHEVRON FEDERAL: Fails to Safeguard Customers' Info, Miller Alleges
CHICAGO WHITE: Disabled Can't Buy Seat Tickets Online, Yaniz Says
CORELOGIC CREDCO: Bid for Initial Settlement Approval Due Oct. 23
CORSAIR GAMING: Plaintiffs Seek Sealing of Class Cert Documents
DANIMER SCIENTIFIC: Caballeros Suit Ongoing
DANIMER SCIENTIFIC: Consolidated Securities Suit Ongoing
DENISE HACKER: Strutton Files Suit in E.D. Missouri
DIGITALOCEAN HOLDINGS: Agarwal Sues Over Drop in Share Price
DL RESTAURANT: Vallejo Suit Seeks Restaurant Staff's Unpaid Wages
DMY SPONSOR: Offringa Sues Over Drop in Share Price
DOVENMUEHLE MORTGAGE: Horn FCRA Suit Removed to N.D. Illinois
DOVENMUEHLE MORTGAGE: Wachowicz Suit Removed to N.D. Illinois
DSM-FIRMENICH AG: Elmazi Alleges Fragrance Market Monopoly
DUTCH BARN: Paz Sues Over Unpaid Overtime, BIPA Breach
ENVIVA INC: Faces Dhatt Securities Suit Over 67.2% Stock Price Drop
ESPRESSO BOOKSTORE: Clement Files ADA Suit in E.D. New York
EVANS BANK: Faces Fleischer Suit Over Illegal Overdraft Fees
FCA US: Zuehlsdorf Seeks Leave to File Documents Under Seal
FESTOOL USA: Senior Files ADA Suit in S.D. New York
FEVER LABS: Nuber Sues to Recover Unpaid Wages
FORD MOTOR: 360-Degree Camera System is Defective, Dorfman Says
FORD MOTOR: Boggan Suit Transferred to D. Massachusetts
FRENCH'S SHOES & BOOTS: Zelvin Files ADA Suit in S.D. New York
FUBOTV INC: Burdette Suit Removed to N.D. Illinois
GALE HEALTHCARE: Zajaczkowski Sues Over Mass Layoff Without Notice
GIRISH B. SOLANKI: Perez Sues Over Unlawful Discrimination
GLOBAL ATLANTIC: Hendrix Files Suit in S.D. New York
GNRG LLC: Sharp Sues Over Non-Exempt Employees' Unpaid Wages
GRAND BRANDS: Drink Mixes Contain Artificial Flavor, O'Grady Says
GUARDIAN TECHNOLOGIES: Felice Sues Over Air Purifiers' False Ads
H. HERITAGE INC: Zelvin Files ADA Suit in S.D. New York
HARVARD COLLEGE: Johnson Sues Over Mishandling of Donated Cadavers
HENKEL US: De Sanctis Suit Removed to N.D. California
J&J PRESSURE: Fails to Pay OT Wages Under FLSA, Gonzalez Alleges
JACK AND TOM: Fails to Pay Proper Wages, Betsinger Alleges
JAN RESOURCES: Hurd Sues Over Unpaid Overtime Compensation
JIM JUSTICE: Garrett Dismissed from Class Suit
JOHNSON & JOHNSON: Yousefzadeh Sues Over Medication's Deceptive Ads
JPS VENTURES: Faces Sanchez Wage-and-Hour Suit in S.D.N.Y.
K. RUPERT MURDOCH: New York BOERS Files Suit in Del. Chancery Ct.
K18 INC: Dawson Files ADA Suit in S.D. New York
KATZ TIRES: Fails to Pay Technicians' OT Wages Under FLSA
KELLOGG COMPANY: Shortchanges Plan Participants, Reichert Alleges
LATARA ENTERPRISE: Fails to Pay Phlebotomist's Minimum & OT Wages
LBC MUNDIAL: Fumera Files Suit in Cal. Super. Ct.
LELY NORTH: Class Settlement in Kruger Gets Final Nod
LOANDEPOT.COM LLC: Fails to Pay Loan Officer's Minimum & OT Wages
LOWE'S HOME CENTERS: Garrido Suit Removed to E.D. California
LYNEER STAFFING: Bolanos Sues Over Unpaid Minimum, Overtime Wages
MASTEC SERVICES: Perez Suit Removed to E.D. California
MCGRATH RENTCORP: Class Settlement in Grogan Gets Initial Nod
MDL 2700: Plaintiffs Seek to Bifurcate Class Cert Briefing
META PLATFORMS: Faces Chabon Class Suit Over IP Infringement
MISTER FRENCH NYC: Martin Files ADA Suit in E.D. New York
MYOVANT SCIENCES: Misleads Shareholders to OK Merger, Zappia Claims
NATIONAL ENTERTAINMENT: Fails to Pay Dancers' Minimum & OT Wages
NATIONS LENDING: Beyjin Sues Over Failure to Pay Overtime Wages
NETWORK SOLUTIONS: 40 Acres Suit Transferred to M.D. Florida
NEW YORK, NY: Aboubakar Class Cert. Bids Denied w/o Prejudice
NEW YORK, NY: Court Denies w/o Prejudice Bids to Certify Classes
OPENAI LP: Faces Class Suit Over Stolen Private Info
PEGASO JANITORIAL: Fails to Pay Wages Under FLSA, Diaz Suit Alleges
PROCTER & GAMBLE: Oral Congestant Drugs Ineffective, DePaola Says
PROGRESSIVE LIFE: Fails to Prevent Data Breach, Armstrong Says
PUKALL LUMBER: Fails to Pay Proper Wages, Auestad Alleges
REVLON INC: Creme of Nature Hair Color Contains Ammonia, Suit Says
SAS RETAIL: Gomez Seeks to Recover Merchandisers' Minimum, OT Wages
SCULPTOR CAPITAL: Breaches Fiduciary Duties, Beauchemin Suit Says
SMILEDIRECTCLUB INC: Consolidated Securities Suit Ongoing
SMILEDIRECTCLUB INC: Consolidated Securities Suit Ongoing
SMILEDIRECTCLUB INC: Consolidated Securities Suit Ongoing
STEVEN ALAN HOLDINGS: Zelvin Files ADA Suit in S.D. New York
TELKA LLC: Wangala Seeks Drive Test Engineers' Unpaid Overtime
TESLA INC: Pai Sues Over Failure to Protect Personal Info
UNITED STATES: Erdmann-Browning Sues Over Anti-Hunger Program
VISITING NURSE: Moore Sues Over Earned PTO Subtractions
WALMART INC: Fields Sues Over "Mixed Fruit in 100% Juice" False Ads
*********
3M COMPANY: Spohr Sues Over Exposure to Toxic Film-Forming Foams
----------------------------------------------------------------
Robert Spohr, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-04134-RMG (D.S.C., Aug. 18, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with hypothyroidism
as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Wehye Sues Over Exposure to Toxic Aqueous Foams
-----------------------------------------------------------
Jasmine T. Wehye, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-04135-RMG (D.S.C., Aug. 18, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with
hyperthyroidism as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
A&J PHARMACY: Hires McConville Considine Cooman as Counsel
----------------------------------------------------------
A&J Pharmacy LLC, seeks approval from the U.S. Bankruptcy Court for
the Western District of New York to employ McConville Considine
Cooman & Morin, PC as counsel to handle its Chapter 11 case.
The firm will be paid at these rates:
Partners $300 per hour
Associates $285 per hour
Paralegals $100 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mike Krueger, Esq., a partner at McConville Considine Cooman &
Morin, PC, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Mike Krueger, Esq.
MCCONVILLE CONSIDINE COOMAN & MORIN, PC
300 Meridian Centre Blvd. Suite 110
Rochester, NY 14618
Tel: (585) 546-2500
About A & J Pharmacy
A & J Pharmacy, LLC, a local woman-owned community pharmacy in
Webster, N.Y., filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. W.D. N.Y. Case No. 21-20679) on Dec. 8,
2021, listing $452,416 in assets and $3,301,354 in liabilities.
Sandra B. Le, managing member, signed the petition.
Judge Warren presides over the case.
Raymond C. Stilwell, Esq., at the Law Offices of Raymond C.
Stilwell and Catapult Solutions Group, Inc. serve as the Debtor's
legal counsel and financial consultant, respectively.
ABBOTT LAB: Filing for Class Cert Bid Extended to March 21, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as GRACIELA SANCHEZ,
individually, and on behalf of other members of the general public
similarly situated, v. ABBOTT LABORATORIES, an Illinois
corporation; and DOES 1 through 100, inclusive, Case No.
2:20-cv-01436-TLN-AC (E.D. Cal.), the Hon. Judge Troy L. Nunley
entered an order modifying amended pretrial Scheduling order as
follows:
Event: New Deadline:
Plaintiff's Motion for Class March 21, 2024
Certification
Defendant's Opposition to Motion May 20, 2024
for Class Certification
Plaintiff's Reply to Defendant's June 20, 2024
Opposition to Motion for Class
Certification
Deadline for Phase I fact discovery June 20, 2024 (or
reply
date)
Abbott is an American multinational medical devices and health care
company.
A copy of the Court's order dated Sept. 1, 2023 is available from
PacerMonitor.com at https://bit.ly/3PG4tb6 at no extra charge.[CC]
ACE ATTORNEY: Fails to Pay Proper Wages, Andrade Alleges
--------------------------------------------------------
JOSE ANDRADE, individually and on behalf of all others similarly
situated, Plaintiff v. ACE ATTORNEY SERVICE, INC., Defendants, Case
No. 23STCV21822 (Cal. Sup., Los Angeles Cty., Sept. 11, 2023) is an
action against the Defendant for failure to pay minimum wages,
overtime compensation, provide meals and rest periods, and provide
accurate wage statements.
Plaintiff Andrade was employed by the Defendant as a driver.
ACE ATTORNEY SERVICE provides court and legal solutions along with
e-filling, document discovery, records retrieval and messenger
services. [BN]
The Plaintiff is represented by:
Michael H. Boyamian, Esq.
Alfred Movsesyan, Esq.
BOYAMIAN LAW, INC.
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203-1922
Telephone: (818) 547-5300
Facsimile: (818) 547-5678
Email: michael@boyamianlaw.com
alfred@boyamianlaw.com
- and -
Robert Drexler, Esq.
Molly A. DeSario, Esq.
Jonathan Lee, Esq.
CAPSTONE LAW, APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
Email: robert.drexler@capstonelawyers.com
molly.desario@capstonelawyers.com
jonathan.lee@capstonelawyers.com
ADIDAS AMERICA: Court Narrows Claims in Smith Suit
--------------------------------------------------
In the class action lawsuit captioned as RYAN SMITH, individually
and on behalf of all others similarly situated, v. Adidas America,
Inc., Case No. 6:22-cv-00788-BKS-ML (N.D.N.Y.), the Hon. Judge
Brenda K. Sannes entered an order granting in part and denying in
part the Defendant's motion to dismiss.
-- The Defendant's motion to dismiss is granted as to Plaintiff's
claims for breaches of the "Consumer Fraud Acts" of Maine,
Michigan, Idaho, Wyoming, Indiana, North Dakota, and Nebraska;
express warranty; implied warranties of merchantability and
fitness for a particular purpose; and the Magnuson-Moss
Warranty
Act, 15; and claims for common-law negligent
misrepresentation,
fraud, and unjust enrichment.
-- The Plaintiff's claims for breaches of the "Consumer Fraud
Acts"
of Maine, Michigan, Idaho, Wyoming, Indiana, North Dakota, and
Nebraska; express warranty; implied warranties of
merchantability
and fitness for a particular purpose; and the Magnuson-Moss
Warranty Act, 15 U.S.C. sections 2301 et seq.; and claims for
common-law negligent misrepresentation, fraud, and unjust
enrichment are dismissed without prejudice and with leave to
amend.
-- The Defendant's motion to dismiss is denied as to Plaintiff's
claims under New York General Business Law.
The Plaintiff Ryan Smith brings this putative class action against
Defendant Adidas America, Inc. The Plaintiff asserts, individually
and on behalf of two putative classes, claims under New York
General Business Law and the "Consumer Fraud Acts" of Maine,
Michigan, Idaho, Wyoming, Indiana, North Dakota, and Nebraska;
claims for breaches of express warranty, implied warranties of
merchantability and fitness for a particular purpose, and the
Magnuson-Moss Warranty Act.
The Plaintiff proposes the following classes:
-- New York Class
"All persons in the State of New York who purchased the
Product
during the statutes of limitations for each cause of action
alleged;" and
-- Consumer Fraud Multi-State Class:
"All persons in the States of Maine, Michigan, Idaho,
Wyoming, Indiana, North Dakota and Nebraska, who purchased the
Product during the statutes of limitations for each cause of action
alleged.
The Defendant manufactures, labels, markets, and sells NHL
(National Hockey League) jerseys and is the official manufacturer
of the jerseys worn on the ice by NHL players.
A copy of the Court's order dated Sept. 1, 2023 is available from
PacerMonitor.com at https://bit.ly/3PEbrgW at no extra charge.[CC]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Road, Suite 412
Great Neck, NY 11021
The Defendant is represented by:
Stanton R. Gallegos, Esq.
Matthew A. Levin, Esq.
Jermaine F. Brown, Esq.
MARKOWITZ HERBOLD PC
1455 SW Broadway, Suite 1099
Portland, OR 97201
AEROPRES CORP: Stewart Sues Over Sprays' High Levels of Benzene
---------------------------------------------------------------
DARRELL STEWART, CHRISTOPHER CADORETTE, JUAN HUERTAS, JONATHAN
MARTIN, EVA MISTRETTA, DON PENALES, JR., MIKE POOVEY, SEAN
STEINWEDEL, JOSE VILLARREAL, and JEREMY WYANT, on behalf of
themselves and all others similarly situated, Plaintiffs v.
AEROPRES CORPORATION, BAYER HEALTHCARE LLC, BEIERSDORF
MANUFACTURING, LLC, BEIERSDORF, INC., and BEIERSDORF NORTH AMERICA,
INC., Defendants, Case No. 1:23-cv-13207 (N.D. Ill., September 14,
2023) is a class action against the Defendants for breach of
express warranty, fraud, unjust enrichment, negligent
misrepresentation, and violations of consumer fraud and trade
practices laws of various states in the U.S.
The case arises from the Defendants' manufacturing, distribution,
and sale of Lotrimin and Tinactin spray products without disclosing
that the products contain dangerously high levels of benzene, a
carcinogenic impurity that has been linked to leukemia and other
cancers. The Defendants knew or should have known of the dangerous
and carcinogenic effects of benzene and knew or should have known
that it was producing products that contained or risked containing
benzene at high levels. Nevertheless, the Defendants produced,
distributed, and sold Propellant A-31 and millions of cans of
Tinactin and Lotrimin AF sprays that contained benzene to the
consuming public. The Plaintiffs and Class members would not have
purchased and used the products had they known they were unsafe,
the suit says.
Aeropres Corporation is a chemical company, with its principal
place of business at 1324 North Hearne, Suite 200, Shreveport,
Louisiana.
Bayer HealthCare LLC is a manufacturer of healthcare and medical
products, with its principal place of business at 100 Bayer
Boulevard, Whippany, New Jersey.
Beiersdorf Manufacturing, LLC is a manufacturer of personal-care
products, with its principal place of business located at 4207
Michigan Avenue Road NE, Cleveland, Tennessee.
Beiersdorf Inc. is a manufacturer of personal-care products, with
its principal place of business located at 301 Tresser Blvd., Suite
1500, Stamford, Connecticut.
Beiersdorf NA is a manufacturer of personal-care products, with its
principal place of business located at 301 Tresser Blvd., Suite
1500, Stamford, Connecticut. [BN]
The Plaintiffs are represented by:
Kevin M. Forde, Esq.
Brian P. O'Meara, Esq.
FORDE O'MEARA LLP
191 N. Upper Wacker Dr., 31st Fl.
Chicago, IL 60606
Telephone: (312) 641-1441
Facsimile: (312) 465-4801
E-mail: kforde@fordellp.com
bomeara@fordellp.com
- and -
Steven L. Bloch, Esq.
Ian W. Sloss, Esq.
Krystyna Gancoss, Esq.
SILVER GOLUB & TEITELL LLP
1 Landmark Sq., 15th Floor
Stamford, CT 06901
Telephone: (203) 325-4491
Facsimile: (203) 325-3769
E-mail: sbloch@sgtlaw.com
isloss@sgtlaw.com
kgancoss@sgtlaw.com
- and -
Max S. Roberts, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: mroberts@bursor.com
- and -
Yeremey O. Krivoshey, Esq.
BURSOR & FISHER, P.A
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ykrivoshey@bursor.com
- and -
Timothy J. Peter, Esq.
FARUQI & FARUQI, LLP
1617 JFK Boulevard, Suite 1550
Philadelphia, PA 19103
Telephone: (215) 277-5770
Facsimile: (215) 277-5771
E-mail: tpeter@faruqilaw.com
AIR METHODS: Fisher Must File Opening Brief by Dec. 15
------------------------------------------------------
In the class action lawsuit captioned as FISHER v. AIR METHODS
CORPORATION, et al., Case No. 2:22-cv-07149 (D.N.J., Filed Dec. 8,
2022), the Hon. Judge Jose R. Almonte entered an order granting the
parties' request for the Court to enter a briefing schedule for
Plaintiffs anticipated motion for class certification:
However, the parties shall not file the briefs until all briefs
have been finalized. The schedule is set as follows:
-- The Plaintiff shall serve its opening Dec. 15, 2023
brief on the Defendant:
-- Defendant shall serve its responsive Jan. 19, 2024
brief on Plaintiff:
-- The Plaintiff shall serve a reply Feb. 9, 2024
brief on Defendant:
-- Once all papers have been exchanged Feb. 10, 2024
according to the briefing schedule,
Plaintiff shall file with the Court all
briefs and corresponding documents by:
The nature of suit states Contract -- Other Contract.
Air Methods is an American privately owned helicopter operator.[CC]
AMERICAN AIRLINES: Spence Must File Class Cert. Bid by Nov. 21
--------------------------------------------------------------
In the class action lawsuit captioned as BRYAN P. SPENCE, v.
AMERICAN AIRLINES, INC., et al., Case No. 4:23-cv-00552-O (N.D.
Tex.), the Hon. Judge Reed O'Connor entered an order extending the
deadline for filing the motion for class certification to November
21, 2023, which is 9 days after the filing of the Plaintiff's
amended complaint.
American Airlines is a major US-based airline headquartered in Fort
Worth, Texas, within the Dallas–Fort Worth metroplex.
A copy of the Court's order dated Sept. 1, 2023 is available from
PacerMonitor.com at https://bit.ly/3RlviCH at no extra charge.[CC]
AMERICAN NATIONAL: Matthews Files Suit in S.D. Texas
----------------------------------------------------
A class action lawsuit has been filed against American National
Group, LLC. The case is styled as Madelaine Matthews, on behalf of
herself and all others similarly situated v. American National
Group, LLC d/b/a American National Insurance Company, Case No.
3:23-cv-00295 (S.D. Tex., Sept. 11, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
American National Insurance Company --
http://www.americannational.com/-- is a major American insurance
corporation based in Galveston, Texas.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
AMERICAN WAGERING: Jackson Sues Over False Risk-Free Bet Promises
-----------------------------------------------------------------
JEFFREY JACKSON, individually, and on behalf of all others
similarly situated v. AMERICAN WAGERING, INC. D/B/A WILLIAM HILL
AND CAESARS SPORTSBOOK, Case No. 5:23-cv-01166-LEK-TWD (N.D.N.Y.,
Sept. 11, 2023) contends that the Defendant's marketing
representations about Caesars Sportsbook -- including within its
app and website -- misrepresent and never disclose risks and
material facts, instead luring accountholders to sign up for and
use the service with the "free" and "risk-free" promises.
According to the complaint, the Defendant touts initial bets at
Caesars Sportsbook as "free" and "risk-free." However, the
marketing (including during the sign-up process) misrepresents and
omits a key fact about the service: that there is no realistic way
for consumers to recoup money if their first bet loses. The
misrepresented, and undisclosed nature of "free" or "risk-free"
bets on the Caesars Sportsbook payment system means that virtually
any money wagered by a new user is at great risk of being lost in
part or in whole. This too is omitted from all marketing, including
during the sign-up process.
As a result, users like the Plaintiff signed up for and used the
Caesars Sportsbook service without the benefit of accurate
information regarding that service, and later ended up with large,
unreimbursed losses. Such users never would have signed up for
Caesars Sportsbook if they had known the extreme risks of using the
service for an initial or supposedly "risk-free" bet.
Accordingly, the Caesars Sportsbook has become an industry leader
in part by making untruthful and deceptive promises to lure new
bettors; specifically, by advertising that the company will provide
new users with a $1,000 or $1,250 or even $5,000 "free bet,"
"risk-free bet," or a specified amount "on Caesars." These
marketing representations and omissions violate state consumer
protection law, the suit claims.
The Plaintiff brings this action on behalf of themself, and the
putative Classes, because the Plaintiff should not be responsible
for monetary losses incurred as a result of bets that were promised
to be "risk-free" and "free."
The Plaintiff seeks actual damages, punitive damages, restitution,
and an injunction on behalf of the general public to prevent
Caesars Sportsbook from continuing to engage in their illegal
practices.
American Wagering is a gambling and entertainment company.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Edwin E. Elliott, Esq.
SHAMIS & GENTILE, P.A.
14 NE First Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
edwine@shamisgentile.com
- and -
Jeffrey D. Kaliel, Esq.
Sophia Goren Gold, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, D.C. 20005
Telephone: (202) 350-4783
E-mail: jkaliel@kalielpllc.com
sgold@kalielgold.com
- and -
Adam A. Schwartzbaum, Esq.
EDELSBERG LAW, PA
20900 NE 30th Ave, Suite 417
Aventura, FL 33180
Telephone: 305-975-3320
E-mail: adam@edelsberglaw.com
APPLE INC: Parties Seek to Seal Portions of Documents
-----------------------------------------------------
In the class action lawsuit re Apple iPhone Antitrust Litigation,
Case No. 4:11-cv-06714-YGR (N.D. Cal.), the Parties ask the Court
to enter an order partially sealing seal documents which contain
information the Parties and/or non-parties contend which is
sealable under controlling authority, including the Local Rules.
-- The Parties accordingly move to seal portions of the documents
identified in the Declaration of Caeli A. Higney and the
Declaration of Rachele R. Byrd filed concurrently herewith.
-- In addition, in connection with this Omnibus Sealing Motion,
the
following third parties request that the Court seal portions
of
the documents identified in the following supporting
declarations:
Valve Corporation: The Declaration of Christopher Schenck,
filed on May 31, 2023, the Declaration of Christopher
Schenck,
filed on July 24, 2023), and the Declaration of Christopher
Schenck, filed August 28, 2023;
Activision Blizzard, Inc.: The Declaration of Page
Robinson,
filed on June 2, 2023;
Pocket Gems, Inc.: The Declaration of Helen Hsu, filed on
June
5, 2023 (Dkt. No. 725);
Hallmark Media United States, LLC: The Declaration of Emily
Powers, filed June 14, 2023;
Warner Bros. Discovery, Inc.: The Declaration of Jean-Briac
Perrette, filed June 14, 2023;
Watcha Inc.: The Declaration of Jeongeun Kim, filed June
14,
2023;
CuriosityStream Inc.: The Declaration of Theresa Ellen
Cudahy,
filed June 15, 2023;
A&E Television Networks, LLC: The Declaration of Piper
Rosenshein, filed June 16, 2023, and the Declaration of
Piper
Rosenshein, filed August 28, 2023 (Dkt. No. 758); and
Showtime Networks Inc.: The Declaration of Julia Veale,
filed
June 16, 2023.
A copy of the Parties' motion dated Sept. 1, 2023, is available
from PacerMonitor.com at https://bit.ly/3sPTJxU at no extra
charge.[CC]
The Plaintiff is represented by:
Betsy C. Manifold, Esq.
Rachele R. Byrd, Esq.
Mark C. Rifkin, Esq.
Matthew M. Guiney, Esq.
Thomas H. Burt, Esq.
WOLF HALDENSTEIN ADLER FREEMAN &
HERZ LLP
750 B Street, Suite 1820
San Diego, CA 92101
Telephone: (619) 239-4599
Facsimile: (619) 234-4599
E-mail: manifold@whafh.com
byrd@whafh.com
rifkin@whafh.com
guiney@whafh.com
burt@whafh.com
- and -
David C. Frederick, Esq.
Aaron M. Panner, Esq.
Kyle M. Wood, Esq.
KELLOGG, HANSEN, TODD, FIGEL &
FREDERICK, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, D.C. 20036
Telephone: (202) 326-7900
Facsimile: (202) 326-7999
E-mail: dfrederick@kellogghansen.com
apanner@kellogghansen.com
kwood@kellogghansen.com
- and -
Michael Liskow, Esq.
CALCATERRA POLLACK LLP
1140 Avenue of the Americas, 9th Floor
New York, NY 10036-5803
Telephone: (212) 899-1761
Facsimile: (332) 206-2073
E-mail: mliskow@calcaterrapollack.com
The Defendant is represented by:
Theodore J. Boutrous Jr., Esq.
Daniel G. Swanson, Esq.
Caeli A. Higney, Esq.
Julian W. Kleinbrodt, Esq.
Cynthia E. Richman, Esq.
Harry r. S. Phillips, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
E-mail: tboutrous@gibsondunn.com
dswanson@gibsondunn.com
chigney@gibsondunn.com
jkleinbrodt@gibsondunn.com
crichman@gibsondunn.com
hphillips2@gibsondunn.com
ARAMARK SERVICES: Filing for Class Cert Extended to Jan. 15, 2024
-----------------------------------------------------------------
In the class action lawsuit captioned as LAWRENCE KELLY, JR, on
behalf of himself and all others similarly situated, v. ARAMARK
SERVICES, INC., a Delaware Corporation; and DOES 1 through 50,
inclusive, Case No. 3:22-cv-01272-AMO (N.D. Cal.), the Hon. Judge
Araceli Martínez-Olguín entered an order granting the Joint
Stipulation and Request and directing that the case deadlines be
updated as follows:
Event Deadline
Close of Fact Discovery Vacated
File Motion for Class Certification: Jan. 15, 2024
File Opposition to MCC March 15, 2024
File Reply in support of MCC April 15, 2024
Hearing date for MCC May 16, 2024
Aramark is an American food service, facilities, and uniform
services provider to clients in areas including education, prisons,
healthcare, business, and leisure.
A copy of the Court's order dated Sept. 1, 2023, is available from
PacerMonitor.com at https://bit.ly/3sY4b6N at no extra charge.[CC]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Jose Maria D. Patino, Jr., Esq.
Tyson Gibb, Esq.
SETAREH LAW GROUP
9665 Wilshire Blvd., Suite 430
Beverly Hills, CA 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
jose@setarehlaw.com
tyson@setarehlaw.com
The Defendants are represented by:
Eric Meckley, Esq.
Sarah Zenewicz, Esq.
Kassia Stephenson, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: (415) 442-1000
Facsimile: (415) 442-1001
E-mail: eric.meckley@morganlewis.com
sarah.zenewicz@morganlewis.com
kassia.stephenson@morganlewis.com
AUGUSTANA UNIVERSITY: Senior Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Augustana University.
The case is styled as Milagros Senior, on behalf of herself and all
other persons similarly situated v. Augustana University, Case No.
1:23-cv-08049 (S.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Augustana University -- https://www.augie.edu/ -- is a private
Lutheran university in Sioux Falls, South Dakota.[BN]
The Plaintiff is represented by:
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (917) 796-7437
Fax: (212) 982-6284
Email: danalgottlieb@aol.com
BELLRING BRANDS: Suit Over Lead Contamination Ongoing
-----------------------------------------------------
BellRing Brands, 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 a class action litigation has
been going on with regards to lead contamination in the company's
protein products.
In June 2023, a complaint was filed on behalf of a putative,
nationwide class of consumers against the company and Premier
Nutrition in the U.S. District Court for the Northern District of
California. The complaint alleges that Premier Nutrition engages in
fraud and false advertising (via alleged affirmative
representations and omissions) regarding its ready-to-drink protein
shakes and protein powders by marketing the products as good
sources of nutrition and protein when the products contain (or have
a material risk of containing) high levels of undisclosed lead.
Plaintiffs seek monetary remedies for economic injury (products are
allegedly worth less than what was paid for them), as well as
injunctive relief. The Protein Products Class Lawsuit alleges that
high levels of lead pose serious safety risks, but does not allege
that any plaintiff or putative class member suffered personal
injuries and does not seek any remedies for personal injuries.
BellRing Brands, Inc. is a consumer products holding company
operating in the global convenient nutrition category and is a
provider of ready-to-drink protein shakes, other beverages and
powders. Its primary brands are "Premier Protein" and "Dymatize."
BIENVILLE ORTHOPAEDIC: Williams Files Suit in S.D. Mississippi
--------------------------------------------------------------
A class action lawsuit has been filed against Bienville Orthopaedic
Specialists, LLC. The case is styled as Charles Williams, on behalf
of himself and all others similarly situated v. Bienville
Orthopaedic Specialists, LLC, Case No. 1:23-cv-00232-TBM-RPM
(S.D.N.Y., Sept. 12, 2023).
The nature of suit is stated as Other Personal Property.
Bienville Orthopaedic Specialists LLC --
https://www.bienvilleortho.com/ -- is the largest provider of
orthopaedic care on the Mississippi Gulf Coast.[BN]
The Plaintiff is represented by:
Jonathan Matthew Eichelberger, Esq.
EICHELBERGER LAW FIRM, PLLC
308 E. Pearl St., Suite 201
Jackson, MS 39201
Phone: (601) 292-7940
Fax: (601) 510-9103
Email: matt@ike-law.com
BIG LOTS: Faces Durant Class Suit Over Colombian Coffee False Ads
-----------------------------------------------------------------
PEGGY DURANT, individually and on behalf of all others similarly
situated v. BIG LOTS, INC., Case No. 5:23-cv-00561 (M.D. Fla.,
Sept. 11, 2023) alleges that the Defendant's ground 100% Arabica
Medium-Dark Roast Colombian Coffee in cans of 24.2 oz (686g) under
its Fresh Finds brand is falsely represented to make "up to 210
suggested strength 6 fl oz servings."
According to the complaint, the representation that the Product
makes "up to 210 suggested strength 6 fl oz servings" when the brew
instructions directions were followed is false, deceptive, and
misleading. The Plaintiff followed the brew instructions and could
not brew anywhere close to 210 cups. This was confirmed by
independent laboratory analysis, revealing the Product could only
make 152 6 fl oz servings when the brew instructions were followed.
This number was 58 fewer servings than promised, a difference of
28%. The Defendant allegedly failed to accurately calculate,
disclose, measure and/or verify the number of servings and/or cups
based on the Product's contents and preparation instructions, says
the suit.
As a result of the false and misleading representations, the
Product is sold at a premium price of no less than $5.00 for 24.2
oz (686 g), excluding tax and sales, higher than similar products,
represented in a non-misleading way, and higher than it would be
sold for absent the misleading representations and omissions.
The Plaintiff seeks to recover for economic injury and/or loss she
sustained based on the misleading labeling of the Product, a
deceptive practice under this State's consumer protection laws, by
paying more for it than she otherwise would have.
The Plaintiff purchased the Product between August 2019 and the
present, at Big Lot retail locations within Citrus County, Lake
County, Marion County and/or Sumter County.
Big Lots sells a wide assortment of brand-name and private label
items, such as food, furniture, seasonal items, electronics and
accessories, home decor, toys, and gifts.[BN]
The Plaintiff is represented by:
William Wright, Esq.
THE WRIGHT LAW OFFICE, P.A.
515 N Flagler Dr Ste P300
West Palm Beach FL 33401
Telephone: (561) 514-0904
E-mail: willwright@wrightlawoffice.com
- and -
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
BLUE LION APPAREL: Cromitie Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Blue Lion Apparel,
LLC. The case is styled as Seana Cromitie, on behalf of herself and
all others similarly situated v. Blue Lion Apparel, LLC, Case No.
1:23-cv-08010 (S.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Blue Lion Apparel -- https://www.bluelionapparel.com/ -- is a fine
men's apparel 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
BRENDAN KELLY: Cross Suit Seeks to Certify Sexual Predator Class
----------------------------------------------------------------
In the class action lawsuit captioned as ALAN CROSS, individually
and on behalf of all those similarly situated, v. BRENDAN KELLY, in
his official capacity as Director of the Illinois State Police,
Case No. 3:23-cv-03165-CRL-KLM (C.D. Ill.), the Plaintiff asks the
Court to enter an order granting his motion for class certification
on behalf of:
"All persons currently or in the future classified as "sexual
predators" on the Illinois Sex Offender Registry pursuant to 730
ILCS 150/2 (E-10) solely because they were convicted of an
offense
in another state."
The Plaintiff further requests that the Court enter an order
appointing his attorneys as class counsel.
The Plaintiff Alan Cross challenges the constitutionality of 730
ILCS 150-2 (E-10), a section of the Illinois Sex Offender
Registration Act (“SORA”) which provides that anyone "required
to register in another State as a sex offender, sexual predator, or
substantially similar status under the laws of that State" is a
"sexual predator" under Illinois law.
Illinois State Police is responsible for traffic safety on more
than 300,000 miles of total roadway, including 2,185 miles of
Interstate Highways and 15,969 miles of State Highways.
A copy of the Plaintiff's motion dated Aug. 31, 2023, is available
from PacerMonitor.com at https://bit.ly/3rpwZEy at no extra
charge.[CC]
The Plaintiff is represented by:
Adele D. Nicholas, Esq.
LAW OFFICE OF ADELE D. NICHOLAS
5707 W. Goodman Street
Chicago, IL 60630
Telephone: (847) 361-3869
E-mail: adele@civilrightschicago.com
- and -
Mark G. Weinberg, Esq.
LAW OFFICE OF MARK G. WEINBERG
3612 N. Tripp Avenue
Chicago, IL 60641
Telephone: (773) 283-3913
E-mail: mweinberg@sbcglobal.net
CARESOURCE: Fails to Secure Personal Info, Willis Suit Says
-----------------------------------------------------------
CHANNON WILLIS, individually as next friend of C.M., a minor child,
and on behalf of all others similarly situated, Plaintiff v.
CARESOURCE, Defendant, Case No. 3:23-cv-00264-WHR-CHG (S.D. Ohio,
September 13, 2023) is a class action against the Defendant for
negligence, negligence per se, breach of fiduciary duty, breach of
third-party beneficiary contract, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated customers stored within its vendor's systems
following a data breach on May 31, 2023. The Defendant also failed
to timely notify the Plaintiff and similarly situated individuals
about the data breach. As a result, the PII of the Plaintiff and
Class members were compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
CareSource is a health coverage provider with its principal place
of business located at 230 N. Main Street, Dayton, Ohio. [BN]
The Plaintiff is represented by:
Terence R. Coates, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
E-mail: tcoates@msdlegal.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
Jeff Ostrow, 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
CARNIVOROUS PLANT: DiMeglio Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Carnivorous Plant
Nursery, LLC. The case is styled as Maria DiMeglio, on behalf of
herself and all others similarly situated v. Carnivorous Plant
Nursery, LLC, Case No. 1:23-cv-07994 (S.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Carnivorous Plant Nursery, LLC --
https://carnivorousplantnursery.com/ -- offer a wide variety of
pitcher plants, venus flytraps, sundews, butterworts, orchids and
other tropicals.[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
CATCH OYSTER: Velasquez Sues Over Restaurant Staff's Unpaid Wages
-----------------------------------------------------------------
EMILIO VELASQUEZ, individually and on behalf of all others
similarly situated, Plaintiff v. CATCH OYSTER BAR INC. and JAMES
AVINO, Defendants, Case No. 2:23-cv-06818 (E.D.N.Y., September 13,
2023) is a class action against the Defendants for violations of
the Fair Labor Standards Act and the New York Labor Law including
failure to pay overtime wages, failure to pay spread-of-hours
compensation, failure to provide wage notice, and failure to
furnish wage statements.
The Plaintiff was employed by the Defendants as a restaurant staff
in New York from in or about October 2020 until in or about August
2023.
Catch Oyster Bar Inc. is a company that operates a restaurant and
bar in New York. [BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 250
Hauppauge, NY 11788
Telephone: (631) 257-5588
E-mail: promero@romerolawny.com
CELGENE CORP: Louisiana Health Sues Over Pomalidomide Monopoly
--------------------------------------------------------------
LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY D/B/A BLUE CROSS AND
BLUE SHIELD OF LOUISIANA and HMO LOUISIANA, INC., individually and
on behalf of all others similarly situated, Plaintiffs v. CELGENE
CORPORATION, BRISTOL MYERS SQUIBB COMPANY, AUROBINDO PHARMA
LIMITED, AUROBINDO PHARMA USA, INC., AUROLIFE PHARMA LLC, EUGIA
PHARMA SPECIALTIES LIMITED, BRECKENRIDGE PHARMACEUTICAL, INC.,
NATCO PHARMA LIMITED, TEVA PHARMACEUTICALS USA, INC., TEVA
PHARMACEUTICAL INDUSTRIES LIMITED, Defendants, Case No.
1:23-cv-07871 (S.D.N.Y., Sept. 5, 2023) alleges that pharmaceutical
giants Bristol Myers and Celgene unlawfully extended, and continue
to extend, a monopoly in the market for pomalidomide, a blockbuster
drug used in the treatment of multiple myeloma and sold under the
brand name Pomalyst.
According to the complaint, Celgene accomplished the scheme (i)
through a pattern of fraud on the U.S. patent office, (ii) by abuse
of the federal judicial system, and (iii) by eventually sharing
some of its illicitly acquired, supra-competitive profits with
would-be generic competitors to have those generics further delay
bona fide generic competition. As a result, purchasers of this
$2.25 billion a year drug have overpaid, and continue to overpay,
for pomalidomide by many hundreds of millions, if not billions, of
dollars, asserts the complaint.
Taken severally or together, the Defendants' wrongdoing violated,
and continues to violate, the federal Sherman Act and State law.
Monetary relief is sought on behalf of the Plaintiffs and classes
of health benefit providers. And because the effect of the
wrongdoing is ongoing, injunctive relief is further sought, the
complaint says.
Plaintiff Louisiana Health Service & Indemnity Company d/b/a/ Blue
Cross Blue Shield of Louisiana is a not-for-profit health insurance
company.
Celgene Corporation is a pharmaceutical company.[BN]
The Plaintiffs are represented by:
Whitney E. Street, Esq.
Thomas M. Sobol, Esq.
Kristen A. Johnson, Esq.
Claudia Morera, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
One Faneuil Hall Square, 5th Floor
Boston, MA 02109
Telephone: (617) 482-3700
Facsimile: (617) 482-3003
E-mail: tom@hbsslaw.com
kristenj@hbsslaw.com
whitneyst@hbsslaw.com
claudiam@hbsslaw.com
- and -
James R. Dugan II, Esq.
David S. Scalia, Esq.
THE DUGAN LAW FIRM, LLC
One Canal Place, Suite 1000
365 Canal Street
New Orleans, LA 70130
Telephone: (504) 648-0180
Facsimile: (504) 648-0181
E-mail: jdugan@dugan-lawfirm.com
dscalia@dugan-lawfirm.com
CHARTER COMMUNICATIONS: Gonzalez Alleges Deceptive Trade Practices
------------------------------------------------------------------
JEN GONZALEZ, JOHN and/or JANE DOE, et al, on behalf of themselves
and all others similarly situated, Plaintiffs v. CHARTER
COMMUNICATIONS, INC, Defendant, Case No. 8:23-cv-01994 (M.D. Fla.,
Sept. 5, 2023) arises from the Defendant's failure to fulfill
contractual obligations, and engagement in deceptive trade
practices, as they continued billing for services not delivered, in
violation of Florida's Deceptive and Unfair Trade Practices Act and
the Consumer Collection Practices Act.
Charter Communications, Inc. is an American telecommunications and
mass media company with services branded as Spectrum. The Plaintiff
has been a paying subscriber to Charter Spectrum's television
services, including the channels owned by Disney, under a valid and
enforceable contract.
According to the complaint, unlike other cable providers, Spectrum,
"declined Disney's offer to extend negotiations which would have
kept Disney-owned networks up for consumers in the middle of
perennial programming events like the U.S. Open and college
football." Instead of providing the programming its viewers pay
hundreds of dollars a month for, Spectrum, in the middle of the
U.S. Open, college football and the start of the Labor Day weekend,
easily one of the busiest TV weekends of the year, decided to use
sport's fans and other spectrum consumers as a pawn in a clear
money grab. To make matters worse, they attempted to divide people
and anger them with an anti-Disney campaign, says the suit.
Specifically, on August 31, 2023, Charter Communications customers
experienced an outage of services shortly before the start of the
University of Florida and University of Utah college football game,
a highly anticipated kickoff to the college football season. As a
result of Defendant's failure to follow contractually-agreed upon
standards, Plaintiffs and Class Members received only a diminished
value of the services Defendant was required to provide, the suit
asserts.[BN]
The Plaintiffs are represented by:
William "Billy" Peerce Howard, Esq.
Amanda J. Allen, Esq.
THE CONSUMER PROTECTION FIRM, PLLC
401 East Jackson Street, Suite 2340
Tampa, FL 33602
Telephone: (813) 500-1500
Facsimile: (813) 435-2369
E-mail: Billy@TheConsumerProtectionFirm.com
Amanda@TheConsumerProtectionFirm.com
CHEVRON FEDERAL: Fails to Safeguard Customers' Info, Miller Alleges
-------------------------------------------------------------------
VIRCHUS FERGUSON MILLER, individually and on behalf of all others
similarly situated, v. CHEVRON FEDERAL CREDIT UNION, Case No.
4:23-cv-04629-DMR (N.D. Cal., Sept. 11, 2023) sues the Defendant
for failing to properly secure and safeguard Plaintiff's and other
similarly situated CFCU customers' sensitive information, including
names, addresses, account numbers, email addresses, phone numbers,
online account usernames, dates of birth, Social Security numbers,
and debit card numbers ("personally identifiable information" or
"PII").
The Plaintiff brings this action on behalf of all persons whose PII
was compromised as a result of Defendant's failure to: (i)
adequately protect the PII of Plaintiff and Class members; (ii)
warn the Plaintiff and Class members of the 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.
On May 31, 2023, the Defendant learned that one of its IT vendors
had been penetrated by a cyberattack. As a result of its
investigation, the Defendant concluded -- on an undisclosed date --
that the Plaintiff's and Class members' PII was compromised in the
Data Breach. The Defendant sent the Plaintiff a letter dated August
24, 2023, entitled "Notice of Data Breach," informing the Plaintiff
of the Data Breach and advising her that it involved the disclosure
of her PII.
The Defendant allegedly breached the implied contracts it made with
the Plaintiff and the Class by failing to safeguard and protect
their personal information, by failing to delete the information of
Plaintiff and the Class once the relationship ended, and by failing
to provide accurate notice to them that personal information was
compromised as a result of the Data Breach.
The Plaintiff and Class members have suffered injury, including
invasion of privacy; lost or diminished value of PII; lost time and
opportunity costs associated with attempting to mitigate the actual
consequences of the Data Breach; loss of benefit of the bargain;
increase in spam calls, texts, and/or emails; and the continued and
certainly increased risk to their PII.
The Plaintiff and Class members are entitled to compensatory,
consequential, and nominal damages suffered as a result of the Data
Breach. They are also entitled to injunctive relief requiring the
Defendant to, e.g., strengthen its data security systems and
monitoring procedures; submit to future annual audits of those
systems and monitoring procedures; and immediately provide adequate
credit monitoring to all Class members.
The Plaintiff and Class members are current and former customers of
the Defendant.
Chevron is a non-for-profit credit union serving more than 130,000
members around the world, with locations in California, Louisiana,
Mississippi, Texas, and Utah.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
Gary Klinge, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
402 W. Broadway, Suite 1760
San Diego, CA 92101
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
gklinger@milberg.com
- and -
Kristen Lake Cardoso, Esq.
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: cardoso@kolawyers.com
ostrow@kolawyers.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
CHICAGO WHITE: Disabled Can't Buy Seat Tickets Online, Yaniz Says
-----------------------------------------------------------------
RALPH YANIZ and DOUGLAS MCCORMICK, individually and on behalf of
all others similarly situated, Plaintiffs v. CHICAGO WHITE SOX,
LTD., Defendant, Case No. 1:23-cv-10714 (N.D. Ill., September 13,
2023) is a class action against the Defendant for violation of the
Americans with Disabilities Act.
According to the complaint, the Defendant discriminates against the
Plaintiffs and similarly situated people with disabilities by
refusing to sell accessible seat season tickets on the White Sox's
website. This forces individuals with disabilities who want season
tickets to call to make a purchase, limiting the seats they can
purchase to the few offered over the phone instead of being able to
choose from all unsold accessible seats like other season ticket
purchasers can do on the website. Moreover, the Defendant has
discriminatory restrictions on the website sale of accessible
single game tickets, only offering a small percentage of accessible
seats for sale on their website, and frequently limiting them to
only certain areas of the stadium or certain games during the year,
says the suit.
Chicago White Sox, Ltd. is a company that operates a Major League
Baseball team whose home field is in the City of Chicago which is
located in the Northern District of Illinois. [BN]
The Plaintiffs are represented by:
Steven P. Blonder, Esq.
Jason M. Rosenthal, Esq.
Laura A. Elkayam, Esq.
MUCH SHELIST, PC
191 North Wacker Drive, Suite 1800
Chicago, IL 60606
Telephone: (312) 521-2402
E-mail: sblonder@muchlaw.com
jrosenthal@muchlaw.com
lelkayam@muchlaw.com
- and -
Charles R. Petrof, Esq.
ACCESS LIVING OF METROPOLITAN CHICAGO
115 W. Chicago Avenue
Chicago, IL 60654
Telephone: (312) 640-2124
E-mail: cpetrof@accessliving.org
CORELOGIC CREDCO: Bid for Initial Settlement Approval Due Oct. 23
-----------------------------------------------------------------
In the class action lawsuit captioned as Fernandez v. CoreLogic
Credco, LLC, Case No. 3:20-cv-01262 (S.D. Cal., Filed July 6,
2020), the Hon. Judge Jeffrey T. Miller entered an order resetting
the deadline for Plaintiff to file the motion for preliminary
approval of class settlement and notice to class members.
-- The Plaintiff has up to and including October 23, 2023, to
file
the motion for preliminary approval of class settlement and
notice to class members.
-- In light of the pending settlement, and to assist in managing
its
own docket, the court denies as moot, subject to refiling with
leave of court, Defendants pending Motion to Deny Class
Certification and Plaintiffs pending Motion for Class
Certification.
The suit alleges violation of the Fair Credit Reporting Act
involving consumer credit.
CoreLogic is a third-party consumer credit reporting agency that
provides merged credit reports to a number of mortgage lenders.[CC]
CORSAIR GAMING: Plaintiffs Seek Sealing of Class Cert Documents
---------------------------------------------------------------
In the class action lawsuit captioned as ANTONIO MCKINNEY, CLINT
SUNDEEN, and JOSEPH ALCANTARA, each individually and on behalf of
all others similarly situated, v. CORSAIR GAMING, INC., Case No.
3:22-cv-00312-CRB (N.D. Cal.), the Plaintiffs file an
administrative motion to consider whether Another party's material
should be sealed.
Pursuant to Civil Local Rules 79-5(f) and 7-11, the Plaintiffs
Antonio McKinney, Clint Sundeen, and Joseph Alcantara request an
Order authorizing the sealing of certain materials being filed with
Plaintiffs’ Motion for Class Certification.
The Plaintiffs have reviewed and complied with Civil Local Rule
79-5(f). The materials that Plaintiffs seek to file under seal are
identified in the below chart.
Document Portion(s) to Designating Entity and
Seal Reason(s) for
Sealing
Plaintiff's Pages: 1, 2, 3, The material redacted in
the
Motion for 4, 5, 8, 10. motion has been
designated
Class "CONFIDENTIAL" or
"HIGHLY
Certification CONFIDENTIAL" by
Defendant
or provisionally
"CONFIDENTIAL" pending
designation by Defendant,
pursuant to the
Protective
Order.
Plaintiffs therefore are
not
in a position to place
this
information in the public
record.
Declaration Pages: 11, 20, The material redacted in
the
of Kevin 21, 24. Declaration has been
Almeroth designated "CONFIDENTIAL"
or
"HIGHLY CONFIDENTIAL" by
Defendant or
provisionally
"CONFIDENTIAL" pending
designation by Defendant,
pursuant to the
Protective
Order.
Plaintiffs therefore are
not
in a position to place
this
information in the public
record.
Corsair is an American computer peripherals and hardware company.
A copy of the Plaintiffs' motion dated Sept. 1, 2023 is available
from PacerMonitor.com at https://bit.ly/3ED6uid at no extra
charge.[CC]
The Plaintiffs are represented by:
Richard Lyon, Esq.
Simon Franzini, Esq.
Jonas Jacobson, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: rick@dovel.com
simon@dovel.com
jonas@dovel.com
- and -
Kevin Kneupper, Esq.
A. Cyclone Covey, Esq.
KNEUPPER & COVEY, PC
17011 Beach Blvd., Ste. 900
Huntington Beach, CA 92647-5998
Telephone: (512) 420-8407
E-mail: kevin@kneuppercovey.com
cyclone@kneuppercovey.com
DANIMER SCIENTIFIC: Caballeros Suit Ongoing
-------------------------------------------
Danimer Scientific, 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 a consolidated
securities suit against the company is currently going, seeking the
following remedies: (i) determining that the lawsuits may be
maintained as class actions under Rule 23 of the Federal Rules of
Civil Procedure, (ii) certifying a class representative, (iii)
requiring Defendants to pay damages allegedly sustained by
plaintiffs and the class members by reason of the acts alleged in
the complaints and (iv) awarding pre-judgment and post-judgment
interest as well as reasonable attorneys' fees, expert fees and
other costs.
On May 18, 2021, a class action complaint was filed by Carlos
Caballeros in the United States District Court for the Middle
District of Georgia. Plaintiff brought the action individually and
on behalf of all others similarly situated against the company.
The alleged class varies in each case but covers all persons and
entities other than Defendants who purchased or otherwise acquired
our securities between October 5, 2020 and May 4, 2021. Plaintiffs
are seeking to recover damages caused by defendants' alleged
violations of the federal securities laws and are pursuing remedies
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934, as amended, and Rule 10b-5 promulgated thereunder. Defendants
made materially false and misleading statements regarding, among
other things, our business, operations and compliance policies.
Plaintiffs seek the following remedies: (i) determining that the
lawsuits may be maintained as class actions under Rule 23 of the
Federal Rules of Civil Procedure, (ii) certifying a class
representative, (iii) requiring Defendants to pay damages allegedly
sustained by plaintiffs and the class members by reason of the acts
alleged in the complaints and (iv) awarding pre-judgment and
post-judgment interest as well as reasonable attorneys' fees,
expert fees and other costs.
On July 29, 2021, the Georgia court transferred said case to New
York, and has been consolidated into a single lawsuit in the
Eastern District of New York. On January 19, 2022, a consolidated
amended class action complaint was filed in the Eastern District of
New York, naming as defendants the company, its directors and
certain of its officers as well as certain former directors. The
amended complaint is brought on behalf of a class consisting of (i)
purchasers of shares of the company during the class period, (ii)
all holders of the company's Class A common stock entitled to vote
on the merger transaction between the company and Meredian Holdings
Group, Inc. consummated on December 28, 2020 and (iii) purchasers
of company securities pursuant to the company's registration
statement on Form S-4 that was declared effective on December 16,
2020 or the company's registration statement on Form S-1 that was
declared effective on February 16, 2021.
The Amended Complaint asserts claims for violations of Sections
10(b), 14(a) and 20(a) of the Exchange Act and Rules 10(b)-5(a)-(c)
promulgated thereunder and Sections 11, 12 and 15 of the Securities
Act of 1933, as amended. Plaintiffs seek the following remedies:
(a) a determination that the lawsuit is a proper class action
pursuant to Rule 23 of the Federal Rules of Civil Procedure and
certifying Plaintiffs as class representative, (b) awarding
compensatory and punitive damages allegedly sustained by the class
members by reason of the acts set forth in the Amended Complaint
and (c) awarding pre-judgment and post-judgment interest and costs
and expenses, including reasonable attorneys' fees, experts' fees
and other costs.
The defendants filed a motion to dismiss the amended complaint on
May 20, 2022. Plaintiffs served their opposition papers to the
motion to dismiss on July 21, 2022, and Defendants filed a reply on
September 6, 2022. The court has yet to rule on the motion to
dismiss. In their opposition papers, plaintiffs have now confirmed
that, based on defendants' arguments in the motion to dismiss,
Plaintiffs have dropped seven of the nine counts, eliminating all
of the Securities Act counts specifically relating to the proxy
solicitation, registration statements and related control person
claims, and all that now remains are the first two counts under
Rules 10(b)-5(a)-(c) of the Exchange Act and control person
liability. Additionally, all of the defendants other than Danimer
and three of its current or former officers or directors have been
dismissed from the case.
Danimer Scientific, Inc. (formerly Live Oak Acquisition Corp.),
together with its subsidiaries is a performance polymer company
specializing in bioplastic replacements for traditional
petroleum-based plastics. On December 29, 2020, Live Oak
consummated a business combination with Meredian Holdings Group,
Inc., with Legacy Danimer surviving the merger as a wholly owned
subsidiary of Live Oak. In connection with the Business
Combination, Live Oak changed its name to Danimer Scientific, Inc.
DANIMER SCIENTIFIC: Consolidated Securities Suit Ongoing
--------------------------------------------------------
Danimer Scientific, 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 a consolidated
securities suit against the company is currently going on, seeking
the following remedies: (i) determining that the lawsuits may be
maintained as class actions under Rule 23 of the Federal Rules of
Civil Procedure, (ii) certifying a class representative, (iii)
requiring Defendants to pay damages allegedly sustained by
plaintiffs and the class members by reason of the acts alleged in
the complaints and (iv) awarding pre-judgment and post-judgment
interest as well as reasonable attorneys' fees, expert fees and
other costs.
On May 14, 2021, a class action complaint was filed by Darryl Keith
Rosencrants in the United States District Court for the Eastern
District of New York. Plaintiffs brought the action individually
and on behalf of all others similarly situated against the
company.
The alleged class varies in each case but covers all persons and
entities other than Defendants who purchased or otherwise acquired
our securities between October 5, 2020 and May 4, 2021. Plaintiffs
are seeking to recover damages caused by defendants' alleged
violations of the federal securities laws and are pursuing remedies
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934, as amended, and Rule 10b-5 promulgated thereunder. Defendants
made materially false and misleading statements regarding, among
other things, its business, operations and compliance policies.
On July 29, 2021, this has been consolidated into a single lawsuit
in the Eastern District of New York. On January 19, 2022, a
consolidated amended class action complaint was filed in the
Eastern District of New York, naming as defendants the company, its
directors and certain of its officers as well as certain former
directors. The amended complaint is brought on behalf of a class
consisting of (i) purchasers of shares of the company during the
class period, (ii) all holders of the company's Class A common
stock entitled to vote on the merger transaction between the
company and Meredian Holdings Group, Inc. consummated on December
28, 2020 and (iii) purchasers of company securities pursuant to the
company's registration statement on Form S-4 that was declared
effective on December 16, 2020 or the company's registration
statement on Form S-1 that was declared effective on February 16,
2021.
The Amended Complaint asserts claims for violations of Sections
10(b), 14(a) and 20(a) of the Exchange Act and Rules 10(b)-5(a)-(c)
promulgated thereunder and Sections 11, 12 and 15 of the Securities
Act of 1933, as amended. Plaintiffs seek the following remedies:
(a) a determination that the lawsuit is a proper class action
pursuant to Rule 23 of the Federal Rules of Civil Procedure and
certifying Plaintiffs as class representative, (b) awarding
compensatory and punitive damages allegedly sustained by the class
members by reason of the acts set forth in the Amended Complaint
and (c) awarding pre-judgment and post-judgment interest and costs
and expenses, including reasonable attorneys' fees, experts' fees
and other costs.
The defendants filed a motion to dismiss the amended complaint on
May 20, 2022. Plaintiffs served their opposition papers to the
motion to dismiss on July 21, 2022, and Defendants filed a reply on
September 6, 2022. The court has yet to rule on the motion to
dismiss. In their opposition papers, plaintiffs have now confirmed
that, based on defendants' arguments in the motion to dismiss,
Plaintiffs have dropped seven of the nine counts, eliminating all
of the Securities Act counts specifically relating to the proxy
solicitation, registration statements and related control person
claims, and all that now remains are the first two counts under
Rules 10(b)-5(a)-(c) of the Exchange Act and control person
liability. Additionally, all of the defendants other than Danimer
and three of its current or former officers or directors have been
dismissed from the case.
Danimer Scientific, Inc. (formerly Live Oak Acquisition Corp.),
together with its subsidiaries is a performance polymer company
specializing in bioplastic replacements for traditional
petroleum-based plastics. On December 29, 2020, Live Oak
consummated a business combination with Meredian Holdings Group,
Inc., with Legacy Danimer surviving the merger as a wholly owned
subsidiary of Live Oak. In connection with the Business
Combination, Live Oak changed its name to Danimer Scientific, Inc.
DENISE HACKER: Strutton Files Suit in E.D. Missouri
---------------------------------------------------
A class action lawsuit has been filed against Denise Hacker. The
case is styled as Dennis Strutton, James Moller, and all other
similarly situated Residents, on behalf of herself and all others
similarly situated v. Denise Hacker, Chief Operating Officer;
Christopher Chamberlain, Director of Security; George Killian,
Director of Treatment Services; Stacy Giggs, Program Director;
Matthew Roach, Chief Financial Officer; Several Does of the Sex
Offender Rehabilitation and Treatment Services Facility; Case No.
4:23-cv-01134-SPM (E.D. Mo., Sept. 11, 2023).
The nature of suit is stated as Prisoner Civil Rights.
Denise Hacker is the Chief Operating Officer of the Sex Offender
Rehabilitation and Treatment Services.[BN]
The Plaintiff appears pro se.
DIGITALOCEAN HOLDINGS: Agarwal Sues Over Drop in Share Price
------------------------------------------------------------
ASHISH AGARWAL, individually and on behalf of all others similarly
situated, Plaintiff v. DIGITALOCEAN HOLDINGS, INC.; YANCEY SPRUILL;
and W. MATTHEW STEINFORT, Defendants, Case No. 1:23-cv-08060
(S.D.N.Y., Sept. 12, 2023) is a federal securities class action on
behalf of all investors who purchased or otherwise acquired
DigitalOcean Holdings, Inc. ("DigitalOcean" or the "Company")
securities between February 16, 2023, and August 25, 2023,
inclusive, for violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934.
Throughout the Class Period, the Defendants made materially false
and misleading statements regarding the Company's business.
Specifically, Defendants failed to disclose to investors: (1) that
Defendants lacked the skills and experience to assess complicated
tax matters and therefore did not design or maintain effective
controls over the Company's accounting for income taxes; and (2)
that, as a result of the foregoing, Defendants' financial
statements during the Class Period were inaccurate and materially
misleading, says the suit.
Allegedly, DigitalOcean's stock price declined $2.65 per share, or
approximately 8.4 percent, on unusually heavy trading volume to
close at $28.86 per share on the following trading day, August 25,
2023.
DIGITALOCEAN HOLDINGS, INC. is an American multinational technology
company and cloud service provider. The company is headquartered in
New York City, New York. [BN]
The Plaintiff is represented by:
Jeffrey C. Block, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
Email: jeff@blockleviton.com
DL RESTAURANT: Vallejo Suit Seeks Restaurant Staff's Unpaid Wages
-----------------------------------------------------------------
GUIDO VALLEJO, individually and on behalf of all others similarly
situated, Plaintiff v. DL RESTAURANT DEVELOPMENT LLC d/b/a SCALINI
FEDELI, JESUS SAVES, INC. d/b/a SCALINI FEDELI, SCALA 4 LLC d/b/a
LOCANDA VECCHIA, SCALINI 3 LLC d/b/a LOCANDA VECCHIA, FIDUCIA, INC.
d/b/a IL MONDO VECCHIO, SCAL, LLC d/b/a IL MONDO VECCHIO, MMA
RESTAURANTS, INC. d/b/a PORTO LEGGERO, AP RESTAURANT I LLC d/b/a
STELLA MARINA BAR & RESTAURANT, LONG BRANCH HOLDING, INC. d/b/a
SIRENA RISTORANTE, SIRENA, LLC d/b/a SIRENA RISTORANTE, JOHN DOE
CORPORATIONS 1-4 d/b/a SCALA DEL NONNA d/b/a CUBACAN, JOSEPH
CETRULO, and MICHAEL CETRULO, Defendants, Case No. 1:23-cv-08130
(S.D.N.Y., September 14, 2023) is a class action against the
Defendants for failure to pay proper wages, including overtime, in
violation of the Fair Labor Standards Act, the New York Labor Law,
the New Jersey Wage And Hour Law, and the New Jersey Wage Payment
Law.
The Plaintiff was employed as a busboy at the Defendants' Scalini
Fedeli restaurant, located at 165 Duane St., New York, New York
from in or around October 2021 until in or around May, 2023.
DL Restaurant Development LLC is the operator of a restaurant under
the name Scalini Fedeli located at 165 Duane St., New York, New
York.
Jesus Saves, Inc. is the operator of a restaurant under the name
Scalini Fedeli located at 63 Main St., Chatham, New Jersey.
Scala 4 LLC is the operator of a restaurant under the name Locanda
Vecchia located at 167 Main Rd., Montville, New Jersey.
Scalini 3 LLC is the operator of a restaurant under the name
Locanda Vecchia located at 167 Main Rd., Montville, New Jersey.
Fiducia, Inc. is the operator of a restaurant under the name Il
Mondo Vecchio located at 72 Main St. #1, Madison, New Jersey.
Scal, LLC is the operator of a restaurant under the name Il Mondo
Vecchio located at 72 Main St. #1, Madison, New Jersey.
MMA Restaurants, Inc. is the operator of a restaurant under Porto
Leggero located at 185 Hudson St, Jersey City, New Jersey.
AP Restaurant I LLC is the operator of a restaurant under the name
Stella Marina Bar & Restaurant located at 800 Ocean Ave N., Asbury
Park, New Jersey.
Long Branch Holding, Inc. is the operator of a restaurant under the
name Sirena Ristorante located at 27 Ocean Ave N, Long Branch, New
Jersey.
Sirena, LLC is the operator of a restaurant under the name Sirena
Ristorante located at 27 Ocean Ave N, Long Branch, New Jersey.
[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) 465-1180
Facsimile: (212) 465-1181
DMY SPONSOR: Offringa Sues Over Drop in Share Price
---------------------------------------------------
AARON OFFRINGA; and MICHAEL FARZAD, individually and on behalf of
all others similarly situated, Plaintiffs v. DMY SPONSOR II, LLC;
HARRY L. YOU; NICCOLO DE MASI; DARLA K. ANDERSON; FRANCESCA LUTHI;
and CHARLES E. WERT, Defendants, Case No. 2023-0929 (Del., Ch.,
Sept. 12, 2023) seeks monetary and rescissory damages against
Defendants for their breaches of fiduciary duty owed to dMY II
public stockholders arising out of the deprivation of their right
to a fully informed decision whether to redeem their dMY II shares
in connection with the Merger.
According to the complaint, on April 20, 2021 a merger (the
"Merger") took place with Maven TopCo Limited, a company
incorporated under the laws of Guernsey ("TopCo") and its
affiliates and wholly owned subsidiaries, including Genius Sports
Group Limited (with TopCo, "Legacy Genius"). The Defendants
disseminated a false and misleading proxy statement to stockholders
(the "Proxy") that omitted material information as to the value of
public stockholders' investment in the Merger. The Proxy withheld
critical information from dMY II's public stockholders concerning
the high degree of dilution of dMY II's shares that would occur in
connection with the Merger. Relying on the materially misleading
Proxy, among other incentives, dMY II's stockholders voted to
approve the Merger and chose to invest in the Merger rather than
exercise their redemption rights. On April 20, 2021, dMY II
completed the Merger with Legacy Genius, creating New Genius, says
the suit.
Following the Merger, as the Company struggled to grow its Group
Adjusted EBITDA, among other reasons, because the costs associated
with the NFL Agreement, it fell significantly behind the Proxy
Projections. New Genius's stock price crashed. New Genius stock now
trades at less than $6.50 per share, the suit alleges.
DMY SPONSOR II, LLC engaged as an investment company. [BN]
The Plaintiff is represented by:
Kelly L. Tucker, Esq.
Michael J. Barry, Esq.
GRANT & EISENHOFER P.A.
123 S. Justison Street, 7th Floor
Wilmington, DE 19801
Telephone: (302) 622-7000
Facsimile: (302) 622-7100
- and -
David Wissbroecker, Esq.
GRANT & EISENHOFER P.A.
2325 3rd St., Suite 329
San Francisco, CA 94107
Telephone: (302) 622-7000
Facsimile: (302) 622-7100
- and -
Brian J. Robbins, Esq.
Gregory E. Del Gaizo, Esq.
Mario D. Valdovinos, Esq.
ROBBINS LLP
5060 Shoreham Place, Suite 300
San Diego, CA 92122
Telephone: (619) 525-3990
- and -
Randall J. Baron, Esq.
Benny C. Goodman III, Esq.
Erik W. Luedeke, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
655 W. Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
DOVENMUEHLE MORTGAGE: Horn FCRA Suit Removed to N.D. Illinois
-------------------------------------------------------------
The case styled as William Horn, on behalf of himself and all
others similarly situated v. Dovenmuehle Mortgage, Inc., Case No.
2023-CH-06855 was removed from the Circuit Court of Cook County,
Illinois, to the U.S. District Court for the Northern District of
Illinois on Sept. 11, 2023.
The District Court Clerk assigned Case No. 1:23-cv-08764 to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Dovenmuehle Mortgage, Inc. -- https://www.dovenmuehle.com/ -- is
one of the leading mortgage subservicing companies in the United
States specializing in servicing loans on behalf of commercial
banks, credit unions, mortgage banking companies and state and
local housing finance agencies nationwide.[BN]
The Plaintiff appears pro se.
DOVENMUEHLE MORTGAGE: Wachowicz Suit Removed to N.D. Illinois
-------------------------------------------------------------
The case styled as Lisa Wachowicz, on behalf of herself and all
others similarly situated v. DOVENMUEHLE MORTGAGE, INC., Case No.
2023-CH-06856 was removed from the Chancery Division of the County
Department of the Circuit Court of Cook County, Illinois, to the
U.S. District Court for the Northern District of Illinois on Sept.
11, 2023 and assigned Case No. 1:23-cv-08834.
The Plaintiff alleges that "DMI furnished inaccurate mortgage
payment history information concerning Ms. Wachowicz to Equifax,
Experian, and Trans Union," which are all consumer reporting
agencies ("CRAs"). Specifically, she alleges that DMI reported
that, "as of April 2022, she was more than 30 days late in paying
her mortgage." Plaintiff allegedly "disputed the inaccurate
information that DMI had furnished" to the CRAs "with each of the
CRAs." "Upon information and belief," Plaintiff alleges that "each
of the CRAs forwarded Ms. Wachowicz's dispute to DMI."[BN]
The Defendant is represented by:
Andrew M. McNaught, Esq.
Galen P. Sallomi, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Phone: (415) 397-2823
Facsimile: (415) 397-8549
Email: amcnaught@seyfarth.com
gsallomi@seyfarth.com
DSM-FIRMENICH AG: Elmazi Alleges Fragrance Market Monopoly
----------------------------------------------------------
Mirlinda Elmazi, on behalf of herself and all others similarly
situated, Plaintiff v. DSM-FIRMENICH AG, FIRMENICH INTERNATIONAL
SA, FIRMENICH INC., AGILEX FLAVORS & FRAGRANCES, INC., GIVAUDAN SA,
GIVAUDAN FRAGRANCES CORP., GIVAUDAN FLAVORS CORP., UNGERER &
COMPANY, INC., CUSTOM ESSENCE INC., INTERNATIONAL FLAVORS &
FRAGRANCES INC., SYMRISE AG, SYMRISE INC., AND SYMRISE US LLC
Defendants, Case No. 2:23-cv-16127 (D.N.J., Sept. 5, 2023) seeks
injunctive relief, treble damages, costs, attorneys' fees, and
other just relief for Defendants' per se violations of Section 1 of
the Sherman Act, state antitrust laws, unfair competition laws,
consumer protection laws, and unjust enrichment laws of several
States in the U.S.
The Plaintiff brings this civil antitrust action seeking treble
damages arising from Defendants' conspiracy to fix, raise,
maintain, and stabilize the prices for Fragrances and Fragrance
Ingredients, and allocate and unreasonably restrain trade in the
market for Fragrances and Fragrance Ingredients, sold in the United
States from January 1, 2018, until such time as the anticompetitive
effects of the conduct cease.
Upon information and belief, beginning at least as early as January
1, 2018, Defendants entered into an unlawful agreement in restraint
of trade to increase Fragrance prices. The Defendants' conspiracy
to fix prices for Fragrances was in reaction to increased costs of
the raw materials used to manufacture Fragrances. To maintain their
profitability, Defendants coordinated with one another to set the
price of Fragrances for their customers, divided the consumer
market by allocating certain customers to certain Defendants, and
imposed supply constraints for Fragrances. Through this unlawful
coordination, Defendants charged their customers supra-competitive
prices, which were in turn passed through to end-user purchasers of
products containing Fragrance and Fragrance Ingredients, including
Plaintiff and the Classes, says the suit.
The Plaintiff purchased in Michigan products containing Fragrances
manufactured or sold by at least one Defendant during the Class
period.
The Defendants are the four largest global manufacturers of flavors
and Fragrances, operating in an approximately $26.5 billion
worldwide market.[BN]
The Plaintiff is represented by:
Michael D. Fitzgerald, Esq.
LAW OFFICES OF MICHAEL D. FITZGERALD
1 Industrial Way West, Unit B
Eatontown, NJ 07724
Telephone: (202) 349-1482
E-mail: mdfitz@briellelaw.com
- and -
Kellie Lerner, Esq.
William V. Reiss, Esq.
Benjamin D. Steinberg, Esq.
Ellen G. Jalkutm Esq.
Jordan B. Finkel, Esq.
ROBINS KAPLAN LLP
1325 Avenue of the Americas, Suite 2601
New York, NY 10019
Telephone: (212) 980-7400
E-mail: klerner@robinskaplan.com
wreiss@robinskaplan.com
bsteinberg@robinskaplan.com
ejalkut@robinskaplan.com
jfinkel@robinskaplan.com
- and -
Shpetim Ademi, Esq.
ADEMI LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
E-mail: sademi@ademilaw.com
- and -
Peggy Wedgworth, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (212) 594-5300
E-mail: PWedgworth@milberg.com
DUTCH BARN: Paz Sues Over Unpaid Overtime, BIPA Breach
------------------------------------------------------
ROBERTO PAZ, DAVID PAZ, JOSE VILLA, MARIO LEON VASQUEZ, and JUAN
CARLOS GARCIA CARACHEO, on behalf of themselves and all other
persons similarly situated, known and unknown, Plaintiffs v. DUTCH
BARN LANDSCAPING, INC., Defendant, Case No. 1:23-cv-07088 (N.D.
Ill., Sept. 5, 2023) is a class action against the Defendant for
failure to pay overtime wages to Plaintiffs and other hourly paid
current and former employees in violation of the Fair Labor
Standards Act and the Illinois Minimum Wage Law, and for claim
under the Illinois Biometric Information Privacy Act.
The Plaintiffs allege Defendant's violation of the FLSA and state
law for its failure to pay overtime wages at a rate of one and
one-half times their regular rate of pay for all time worked over
40 hours during individual work weeks. Moreover, the Defendant
violated BIPA by capturing or collecting Plaintiffs' and the BIPA
Class' facial scans and personal identifying information based on
their facial scans without first informing them in writing that
Defendant was doing so, the Plaintiffs assert.
The Plaintiffs worked as manual laborers for Defendant and were
employed on residential landscaping projects.
Dutch Barn Landscaping, Inc. is a landscaper and landscape
contractor that, according to its website, specializes in designing
outdoor living spaces that are an extension of the interior
home.[BN]
The Plaintiffs are represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
Joseph E. Salvi, Esq.
WERMAN SALAS P.C.
77 West Washington St., Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
Facsimile: (312) 419-1025
E-mail: dwerman@flsalaw.com
msalas@flsalaw.com
jsalvi@flsalaw.com
ENVIVA INC: Faces Dhatt Securities Suit Over 67.2% Stock Price Drop
-------------------------------------------------------------------
TAJE DHATT, individually and on behalf of all others similarly
situated v. ENVIVA INC, JOHN K. KEPPLER, THOMAS METH, SHAI S. EVEN,
MICHAEL A. JOHNSON, Case No. 8:23-cv-02474-DLB (D. Md., Sept. 12,
2023) is a federal securities class action alleging claims against
Enviva and certain of its officers and directors for violations of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, on
behalf of a "Class" of all persons who purchased or otherwise
acquired Enviva common stock on a U.S. open market during November
3, 2022 through May 3, 2023, both dates inclusive.
Excluded from the Class are Defendants in this action, the officers
and directors of the Company during the Class Period, members of
the Defendants' and Excluded D&Os' immediate families, legal
representatives, heirs, successors or assigns, and any entity in
which the Defendants or the Excluded D&Os have or had a controlling
interest.
From November 3, 2022, through April 3, 2023, Enviva and its senior
officers made statements that Enviva was on track to achieve, for
fiscal year (FY) 2023, EBITDA of $305-$335 million and a yearly
dividend payout of $3.62 per share. They also represented that the
liquidity of the company, going into 2023, was "strong" and its
leverage ratio could be maintained at a "conservative" 3.6x-3.7x
even after taking into account the proposed dividend payouts.
During an April 3, 2023 "Investor Day" presentation, the Defendants
reiterated that the Company's adjusted EBITDA for 2023 was in the
range of $305 million to $335 million. The Defendants also made
representations that the dividend payout was stable and would be
covered at 1.09x to 1.30x.
On May 3, 2023, the truth behind the Company's financial condition
was revealed when the Defendants, in a press release issued before
the market opened, dramatically lowered their FY 2023 guidance
downward and suspended Enviva's dividend payments going forward.
On May 4, 2023 the Defendants held their quarterly earnings call,
during which Meth stated that "we have to reset expectations here
and just provide a much more realistic cost profile." Meth stated
that certain undisclosed issues were previously evident as far back
as November 2022, telling investors for the first time "as we went
into 2022, cost position certainly went up, right? We initially
thought it was more temporal through the war in Ukraine and
inflationary pressures. We really struggled through the first
quarter with pandemic-related issues."
The revelation of the true financial condition of the Company led
Enviva's common stock price to collapse $14.34 per share from
$21.35 per share to $7.01 per share or down 67.2% on enormous
volume, the lawsuit asserts.
The Plaintiff, individually and on behalf of the Class, seeks
damages attributable to the inflation in Enviva's common stock
caused by the Defendants' materially false and misleading
statements during the Class Period.
The Plaintiff purchased Enviva common stock during the Class Period
on a U.S. stock exchange.
Enviva develops, constructs, acquires, and operates fully
contracted wood pellet production plants.[BN]
The Plaintiff is represented by:
Matthew B. Kaplan, Esq.
THE KAPLAN LAW FIRM
1100 N Glebe Rd, Suite 1010
Arlington, VA 22201
Telephone: (703) 665-9529
E-mail: mbkaplan@thekaplanlawfirm.com
- and -
Robert C. Finkel, Esq.
Adam Savett, Esq.
WOLF POPPER LLP
845 Third Avenue, 12th Floor
New York, NY 10022
Telephone: (212) 759-4600
E-mail: rfinkel@wolfpopper.com
asavett@wolfpopper.com
ESPRESSO BOOKSTORE: Clement Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Espresso Bookstore &
Cafe Holdings, LLC. The case is styled as Vincent Clement, on
behalf of himself and all others similarly situated v. Espresso
Bookstore & Cafe Holdings, LLC, Case No. 1:23-cv-06759 (E.D.N.Y.,
Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Espresso Bookstore & Cafe 939 Lexington Avenue, LLC was founded in
2014. The company's line of business includes the retail sale of
new books and magazines.[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
EVANS BANK: Faces Fleischer Suit Over Illegal Overdraft Fees
------------------------------------------------------------
NOELLE FLEISCHER, on behalf of herself and all others similarly
situated v. EVANS BANK, Case No. 1:23-cv-00952 (W.D.N.Y., Sept. 11,
2023) challenges the Defendant's routine policy and practice of
charging Overdraft Fees on transactions that did not overdraw an
account.
The Plaintiff contends that despite putting aside sufficient
available funds for debit card transactions at the time those
transactions are authorized, the Defendant later assesses $37 OD
Fees on those same transactions when they purportedly settle days
later into a negative balance. These types of transactions are
Authorize Positive, Purportedly Settle Negative (APPSN)
transactions. The plain language of Evans Bank's adhesion contracts
specifically promises that Evans Bank will only charge OD Fees on
items when such items cause the account to have a negative balance
and will only charge a single fee per item. The Defendant is
therefore not authorized by the Account Contract to charge OD Fees
on transactions that have not overdrawn an account, but the
Defendant has done so and continues to do so in violation of the
Account Contract, the Plaintiff alleges.
On December 23, 2021, the Plaintiff was assessed OD Fees in the
amount of $37 for debit card transactions that settled on that day
even though positive funds were deducted and held immediately for
the transaction on which she was assessed an OD Fee.
Had the Plaintiff and the members of the New York Subclass known
they could be charged OD Fees on APPSN transactions, they would
have made different payment decisions so as to avoid incurring such
fees and/or would have banked elsewhere, the Plaintiff says.
As redress for Evans Bank's repeated and ongoing violations of
these consumer protection statutes, the Plaintiff and members of
the New York Subclass each seek actual damages, treble damages,
statutory damages, injunctive relief, and attorney's fees and
costs.
The Plaintiff is a resident and citizen of Friendship, New York.
Evans Bank is a bank with over $2 billion in assets.[BN]
The Plaintiff is represented by:
James J. Bilsborrow, Esq.
WEITZ & LUXENBERG, P.C.
700 Broadway
New York, NY 10003
Telephone: (212) 558-5500
E-mail: jbilsborrow@weitzlux.com
- and -
Jeffrey D. Kaliel, Esq.
Sophia G. Gold, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, DC 20005
Telephone: (202) 350-4783
E-mail: jkaliel@kalielgold.com
sgold@kalielgold.com
- and -
Christopher D. Jennings, Esq.
Tyler B. Ewigleben, Esq.
JOHNSON FIRM
610 President Clinton Avenue, Suite 300
Little Rock, AR 72201
Telephone: (501) 372-1300
E-mail: chris@yourattorney.com
tyler@yourattorney.com
FCA US: Zuehlsdorf Seeks Leave to File Documents Under Seal
-----------------------------------------------------------
In the class action lawsuit captioned as STEVE ZUEHLSDORF,
individually, and on behalf of a class of similarly situated
individuals, v. FCA US LLC, a Delaware limited liability company,
Case No. 5:18-cv-01877-JGB-KK (C.D. Cal.), the Plaintiff submits an
application for leave to file documents under seal in support of
his motion for class certification.
The Plaintiff seeks to file conditionally under seal an unredacted
version of his motion for class Certification and all accompanying
supporting documents, which cite, reference or attach documents
that were designated confidential by Defendant pursuant to the
Stipulated Protective Order.
The Plaintiff takes no position as to the confidential nature of
these documents. However, they were designated confidential by the
Defendant.
FCA designs, engineers, manufactures, and sells vehicles.
A copy of the Plaintiff's motion dated Sept. 1, 2023, is available
from PacerMonitor.com at https://bit.ly/3F0vhgp at no extra
charge.[CC]
The Plaintiff is represented by:
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
FESTOOL USA: Senior Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Festool USA LLC. The
case is styled as Milagros Senior, on behalf of herself and all
other persons similarly situated v. Festool USA LLC, Case No.
1:23-cv-08050-JPO (S.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Festool -- https://www.festoolusa.com/ -- makes power tools for
craftsmen who demand unmatched performance and precision.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (917) 796-7437
Fax: (212) 982-6284
Email: nyjg@aol.com
danalgottlieb@aol.com
FEVER LABS: Nuber Sues to Recover Unpaid Wages
----------------------------------------------
Darcy Nuber, an individual and on behalf of all others similarly
situated v. FEVER LABS, INC., a Delaware corporation; and DOES 1
through 50, Case No. 23STCV21796 (Cal. Super. Ct., Los Angeles
Cty., Sept. 11, 2023), is brought for recovery of unpaid wages and
penalties under California Business and Professions Code and
Industrial Welfare Commission ("IWC") Wage Order 4-2001 ("Wage
Order 4"), in addition to seeking injunctive relief, declaratory
relief, and restitution.
The Defendants misclassified Plaintiff and other employees as an
exempt employee by failing to pay Plaintiff "a monthly salary
equivalent to no less than 2 times the state minimum wage for full
time employment" in accordance with Wage Order 4. The Defendants'
timekeeping and payroll policies and/or practices resulted in
Plaintiff and other misclassified employees not being compensated
for all hours actually worked. Plaintiff and other misclassified
employees regularly worked more than eight hours in a workday or 40
hours in a workweek. The Defendants failed to provide Plaintiff and
other misclassified employees with all legally compliant meal
periods due to Defendants' meal period policies/practices, which
have frequently resulted in late (commencing after the fifth hour
of work), short (less than 30 minutes), and/or missed meal periods,
says the complaint.
The Plaintiff began working for Defendants as an IP Coordinator to
manage live entertainment projects in the Los Angeles area from
July 29, 2021 to the present.
The Defendants own and operate a live and immersive entertainment
project management company in the United States, including in the
State of California.[BN]
The Plaintiff is represented by:
Young K. Park, Esq.
William C. Sung, Esq.
JUSTICE FOR WORKERS, P.C.
3600 Wilshire Boulevard, Suite 1815
Los Angeles, CA 90010
Phone: 323-922-2000
Fax: 323-922-2000
Email: young@justiceforworkers.com
william@justiceforworkers.com
FORD MOTOR: 360-Degree Camera System is Defective, Dorfman Says
---------------------------------------------------------------
NEIL DORFMAN, TRAVIS CORBY, CHAD HOBSON and ALLEN DAVIS
individually and on behalf of all others similarly situated v. FORD
MOTOR COMPANY, a Delaware Corporation, Case No.
2:23-cv-12312-SFC-APP (E.D. Mich., Sept. 12, 2023) seeks damages
against Ford for breach of the manufacturer's warranty and for
unfair and deceptive practices pertaining to its design and
manufacture of 2020-2023 Ford Explorer, 2020-2023 Lincoln Aviator,
and 2020-2023 Lincoln Corsair vehicles outfitted with a 360-Degree
Camera system.
The action arises from Ford's concealment of latent defect(s) in
the Class Vehicles' 360-Degree Camera system causing glitches, blue
or black screens, and camera failures, rendering the Class
Vehicle's Camera inoperative. Although Ford equips its Class
Vehicles with 360-Degree Cameras, the Camera Defect causes output
failures, preventing the rear-view camera image from properly
displaying, thus rendering the backup camera utility
non-functional, the Plaintiffs claim.
Ford manufactured, marketed, distributed, sold and/or caused to be
sold or leased the Class Vehicles to consumers, including the
Plaintiffs, without disclosing the Camera Defect, a safety defect
that Ford still has yet to properly remedy. Significantly, this
Camera Defect poses a safety risk to operators and passengers of
the Class Vehicles because the loss of the rear camera image while
in reverse increases the risk of a crash. This exposes drivers and
occupants of the Class Vehicles, as well as others sharing the road
with them, including pedestrians, to increased risk of accident or
injury. Numerous owners and lessees of the Class Vehicles have
experienced the Camera Defect while operating Class Vehicles, thus
placing themselves and those around them at an increased risk of
crash and injury, says the suit.
As a result of Ford's alleged unfair, deceptive and/or fraudulent
business practices, owners and/or lessees of the Class Vehicles,
including the Plaintiffs, have suffered an ascertainable loss of
money and/or property and/or loss in vehicle value.
In December 2020, Mr. Corby leased a new 2020 Lincoln Aviator, VIN
5LM5J7XC7LGL03714 from South Bay Ford Lincoln. He uses the Vehicle
for personal, family, and/or household uses.
Ford is a motor vehicle manufacturer and a licensed distributor of
Ford and Lincoln brand motor vehicles.[BN]
The Plaintiffs are represented by:
E. Powell Miller, Esq.
Sharon Almonrode, Esq.
Emily E. Hughes, Esq.
Dennis A. Lienhardt, Esq.
Mitchell Kendrick, Esq.
THE MILLER LAW FIRM, P.C.
950 W University Dr # 300,
Rochester, MI 48307
Telephone: (248) 841-2200
E-mail: epm@millerlawpc.com
ssa@millerlawpc.com
eeh@millerlawpc.com
dal@millerlawpc.com
mjk@millerlawpc.com
- and -
Richard D. McCune, Esq.
David C. Wright, Esq.
Derek Y. Brandt, Esq.
Leigh M. Perica, Esq.
MCCUNE LAW GROUP
3281 E. Guasti, Road, Suite 100
Ontario, CA 91761
Telephone: (909) 557-1250
Facsimile: (909) 557-1275
E-mail: rdm@mccunewright.com
dcw@mccunewright.com
dyb@mccunewright.com
lmp@mccunewright.com
FORD MOTOR: Boggan Suit Transferred to D. Massachusetts
-------------------------------------------------------
The case styled as Larry Boggan, Brian Wolfe, Kelly Wolfe, Bridgett
Thompson, and James Grier, individually and on behalf of all others
similarly situated v. Ford Motor Company, Case No. 2:23-cv-00774
was transferred from the U.S. District Court for the Northern
District of Alabama, to the U.S. District Court for the District of
Massachusetts on Sept. 11, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12087-FDS to the
proceeding.
The nature of suit is stated as Contract Product Liability for
Magnuson-Moss Warranty Act.
Ford Motor Company -- http://www.ford.com/-- is an American
multinational automobile manufacturer headquartered in Dearborn,
Michigan.[BN]
The Plaintiffs are represented by:
David F. Miceli, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
Post Office Box 2519
Carrollton, GA 30112
Phone: 404-915-8886
Email: dmiceli@milberg.com
- and -
Leland Belew, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: 865-247-0080
Fax: 865-522-0049
Email: lbelew@milberg.com
- and -
Gregory F. Coleman, Esq.
Ryan P. McMillan, Esq.
Virginia A. Whitener, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Phone: 865-247-0080
Fax: 865-522-0049
Email: gcoleman@milberg.com
rmcmillan@milberg.com
gwhitener@milberg.com
- and -
Mitchell Breit, Esq.
Tyler Litke, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 E. 50th Street
New York, NY 10022
Phone: 630-796-0903
Email: mbreit@milberg.com
tlitke@milberg.com
- and -
John R. Fabry, Esq.
THE CARLSON LAW FIRM, P.C.
1717 N. Interstate Highway 35, Suite 305
Round Rock, Texas 78664
Phone: 512-671-7277
Fax: 512-238-0275
Email: JFabry@carlsonattorneys.com
- and -
Sidney F. Robert, Esq.
BRENT COON AND ASSOCIATES
300 Fannin, Suite 200
Houston, Texas 77002
Phone: 713-225-1682
Fax: 713-225-1785
Email: sidney.robert@bcoonlaw.com
- and -
Mark R. Miller, Esq.
WALLACE MILLER LLP
150 N. Wacker Dr., Suite 1100
Chicago, IL 60606
Phone: 312-589-6280
Fax: 312-275-8174
Email: mrm@wallacemiller.com
The Defendant is represented by:
Paul F Malek, Esq.
HUIE FERNAMBUCQ & STEWART LLP
Three Protective Center
2801 Highway 280 South, Suite 200
Birmingham, AL 35223-2484
Phone: (205) 251-1193
Fax: (205) 251-1256
Email: pmalek@huielaw.com
- and -
James Allen Sydnor, Jr., Esq.
HUIE FERNAMBUCQ & STEWART LLP
3291 U.S. Highway 280, Ste. 200
Birmingham, AL 35243
Phone: (205) 251-1193
Fax: (205) 251-1256
Email: ASydnor@huielaw.com
FRENCH'S SHOES & BOOTS: Zelvin Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against French's Shoes &
Boots, LLC. The case is styled as Lynn Zelvin, on behalf of himself
and all others similarly situated v. French's Shoes & Boots, LLC,
Case No. 1:23-cv-08020 (S.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
French's Shoes & Boots, LLC -- https://frenchsbootsandshoes.com/ --
owns and operates shoe stores. The Company offers men's, women's,
and children's shoes and boots.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
FUBOTV INC: Burdette Suit Removed to N.D. Illinois
--------------------------------------------------
The case styled as Ne'Tosha Burdette, on behalf of herself and all
others similarly situated v. fuboTV, Inc., Case No. 2023CH07288 was
removed from the Circuit Court of Cook County, Illinois, to the
U.S. District Court for the Northern District of Illinois on Sept.
12, 2023.
The District Court Clerk assigned Case No. 1:23-cv-10351 to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
FuboTV Inc. -- https://www.fubo.tv/welcome -- is an American
streaming television service serving customers in the United
States, Canada, and Spain that focuses primarily on channels that
distribute live sports.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Robert Collins, III, Esq.
Kathryn K. George, Esq.
LATHAM & WATKINS LLP
330 N. Wabash Avenue, Suite 2800
Chicago, IL 60611
Phone: (312) 876-7700
Email: robert.collins@lw.com
kathryn.george@lw.com
GALE HEALTHCARE: Zajaczkowski Sues Over Mass Layoff Without Notice
------------------------------------------------------------------
CORRINE ZAJACZKOWSKI, individually and on behalf of all others
similarly situated, Plaintiff v. GALE HEALTHCARE SOLUTIONS, LLC,
Defendant, Case No. 8:23-cv-02074 (M.D. Fla., September 14, 2023)
is a class action against the Defendant for violation of the Worker
Adjustment and Retraining Notification Act.
According to the complaint, the Defendant terminated the Plaintiff
and similarly situated employees or about September 5, 2023, as
part of or as the reasonably expected consequence of a mass layoff
or plant closing, without providing them with the 60 days advance
written notice as required by the WARN Act. The Defendant's mass
layoffs deprived Plaintiffs and the Class of some transition time
to adjust to the prospective loss of employment, to seek and obtain
alternative jobs and, if necessary, to enter skill training or
retraining that will allow them to successfully compete in the job
market, says the suit.
Gale Healthcare Solutions, LLC is a healthcare solutions provider
doing business in Florida. [BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
gnichols@wfclaw.com
- and -
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, Suite 700
Tampa, FL 33602
Telephone: (813) 577-4722
Facsimile: (813) 257-0572
E-mail: MEdelman@forthepeople.com
GIRISH B. SOLANKI: Perez Sues Over Unlawful Discrimination
----------------------------------------------------------
Lorraine Perez, an individual and/or others similarly situated v.
GIRISH B. SOLANKI, an individual; REKHA G. SOLANKl, an individual;
and DOES 1-25; Case No. 23STCV21939 (Cal. Super. Ct., Los Angeles
Cty., Sept. 12, 2023), is brought alleging she was discriminated
against each time she patronized and/or was deterred from
patronizing Defendant's facilities.
The Defendants are required to remove said readily achievable
barriers to property. Further, Defendants had actual knowledge of
their barrier removal duties under the American with Disabilities
Act and the Civil Code before January 26, 1992. Also, Defendants
should have known that individuals with disabilities are not
required to give notice to a governmental agency before filing suit
alleging Defendants failed to remove architectural barriers.
The Plaintiff believes and herein alleges Defendants' facilities
have access violations not directly experienced by Plaintiff which
would preclude or limit access by Plaintiff potentially including
but not limited to violations of the ADA, ADA Accessibility
Guidelines and Title 24 of the California Building Code and
regulations. Plaintiff is entitled to injunctive relief to remove
all barriers to access that are related to his disability even
those barriers that are only known to exist but are not directly
experienced by Plaintiff, says the complaint.
The Plaintiff has physical impairments and due to these physical
impairments substantially limit one or more of life's activities
which have qualified Plaintiff for a California Department of
Mother Vehicles (hereinafter "DMV") Disability Placard.
GIRISH B. SOLANKI and REKHA G. SOLANKI are the owners of the real
property and the public accommodation.[BN]
The Plaintiff is represented by:
Jong Yun Kim, Esq.
LAW OFFICES OF JONG YUN KIM
3600 Wilshire Blvd., Suite 2226
Los Angeles, CA 90010
Phone: (213) 351-9400
Fax: (213) 736-6514
Email: jongkimlaw@hotmail.com
GLOBAL ATLANTIC: Hendrix Files Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Global Atlantic
Financial Company. The case is styled as Eudoice Hendrix, on behalf
of himself and all others similarly situated v. Global Atlantic
Financial Company, Accordia Life and Annuity Company, Commonwealth
Annuity and Life Insurance Company, First Allmerica Financial Life
Insurance Company, Forethought Life Insurance Company, Case No.
1:23-cv-08058-UA (S.D.N.Y., Sept. 12, 2023).
The nature of suit is stated as Other Contract.
Global Atlantic Financial Group Limited --
https://www.globalatlantic.com/ -- offers a broad range of
retirement, life and re-insurance products.[BN]
The Plaintiff is represented by:
Jonathan M. Sedgh, Esq.
MORGAN & MORGAN
350 Fifth Avenue, Suite 6705
New York, NY 10118
Phone: (212) 225-6747
Email: jsedgh@forthepeople.com
GNRG LLC: Sharp Sues Over Non-Exempt Employees' Unpaid Wages
------------------------------------------------------------
MARION SHARP, individually and on behalf of all others similarly
situated, Plaintiff v. GNRG, LLC d/b/a MCDONALDS, Defendant, Case
No. 2:23-cv-03573 (E.D. Pa., September 14, 2023) is a class action
against the Defendant for failure to pay minimum wages and failure
to pay overtime wages in violation of the Fair Labor Standards Act,
the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage
Payment and Collection Law.
The Plaintiff worked for the Defendant as a non-exempt employee
from approximately December 2020 to June 2023.
GNRG, LLC is a company that maintains and operates McDonalds
franchises located in Philadelphia, Pennsylvania. [BN]
The Plaintiff is represented by:
Jason T. Brown, Esq.
Edmund C. Celiesius, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
E-mail: jtb@jtblawgroup.com
ed.celiesius@jtblawgroup.com
GRAND BRANDS: Drink Mixes Contain Artificial Flavor, O'Grady Says
-----------------------------------------------------------------
COURTNEY O'GRADY, individually and on behalf of all others
similarly situated, Plaintiff v. GRAND BRANDS INC., Defendant, Case
No. 7:23-cv-08151 (S.D.N.Y., September 14, 2023) is a class action
against the Defendant for violations of State Consumer Protection
Statues and the New York General Business Law.
According to the complaint, the Defendant is engaged in false,
deceptive, and misleading advertising, labeling, and marketing of
True Citrus powdered drink mixes. The Defendant markets the
products that they: (1) are "Made from Real [Lemons, Limes,
Oranges, Grapefruits]"; and (2) contain "No Artificial Sweeteners,
Flavors or Preservatives." Unbeknownst to consumers, however, the
products' predominant ingredient is the synthetically produced
citric acid derived from the fermentation of a black mold called
Aspergillus niger. The Defendant knows that its citric acid is not
naturally sourced but obscures this crucial piece of information on
a subpage of its website rather than on the products themselves. As
a result of the Defendant's deceptive practices, the Plaintiff and
Class members suffered an economic injury because they would not
have purchased (or paid a premium for) the products had they known
the veracity of the Defendant's misrepresentations, says the suit.
Grand Brands Inc. is a business development and branding company,
with its principal place of business located at 11501 Pocomoke Ct,
Middle River, Maryland. [BN]
The Plaintiff is represented by:
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
140 Broadway, Suite 4667
New York, NY 10005
Telephone: (212) 884-4230
E-mail: adrian@gr-firm.com
GUARDIAN TECHNOLOGIES: Felice Sues Over Air Purifiers' False Ads
----------------------------------------------------------------
LISA FELICE, JUSTIN GARFIELD, and NICHOLAS POSTON, on behalf of
themselves and all others similarly situated v. GUARDIAN
TECHNOLOGIES LLC and LASKO PRODUCTS LLC, Case No. 4:23-cv-04685
(N.D. Cal., Sept. 12, 2023) alleges that Defendants make false and
misleading representations that its GermGuardian AC4300 and AC4825
Series Air Purifiers and replacement bulbs can kill a material
amount of bacteria, viruses and mold by way of a small
ultraviolet-c ("UV" or "UV-C") bulb housed in a chamber inside each
of its Products.
The Plaintiffs contend that there are multiple fatal flaws with the
design of the Products such that the UV bulbs do not, and cannot,
provide any material antimicrobial benefits for the consumer.
The UV-C bulb is a gimmick, added solely to give the Defendants
cover to charge a premium for their Products and to differentiate
themselves from competing air purifiers. It confers no actual
benefit onto consumers who paid a price premium for the Defendants'
Products under the false but reasonable belief that the Air
Purifiers would neutralize germs more effectively than regular
HEPA-filter air purifiers without a UV-C bulb, the lawsuit claims.
Had the Plaintiffs and all other similarly situated consumers known
that, contrary to the Defendants' representations, the UV feature
in the Purifiers provides no actual material antimicrobial benefit,
they would have paid less for the Purifiers and the replacement
bulbs or not purchased them at all.
The Plaintiffs assert claims on behalf of themselves and all other
similarly situated purchasers of the Defendants' Air Purifiers and
replacement UV-C bulbs for: violation of California's Unfair
Competition Law; violation of California's False Advertising Law;
violation of California's Consumers Legal Remedies Act; fraud; and
breach of express warranty.
Plaintiff Felice purchased the GermGuardian AC4825DLX 3-in-1 Air
Cleaning Air Purifier from the Defendants' Amazon store page around
April 2021 for $99.99.
Guardian manufactures, distributes, and sells the Air Purifiers to
California residents and nationwide.[BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Luke W. Sironski-White, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
lsironski@bursor.com
- and -
Peter J. Farnese, Esq.
FARNESE PC
700 S. Flower St., Suite 1000
Los Angeles, CA 90017
Telephone: (855) 935-5322
E-mail: pjf@farneselaw.com
- and -
Greg Sinderbrand, Esq.
SINDERBRAND LAW GROUP, P.C.
5805 Sepulveda Blvd. #801
Sherman Oaks, CA 91403
Telephone: (818) 370-3912
E-mail: greg@sinderbrandlaw.com
H. HERITAGE INC: Zelvin Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against H. Heritage, Inc. The
case is styled as Lynn Zelvin, on behalf of himself and all others
similarly situated v. H. Heritage, Inc., Case No. 1:23-cv-08022
(S.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
H. Heritage, Inc. is a computer hardware manufacturer in Quezon
City.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
HARVARD COLLEGE: Johnson Sues Over Mishandling of Donated Cadavers
------------------------------------------------------------------
ROBERT JOHNSON, ARTHUR GAUDET, and HEATHER BROOKS on behalf of
themselves and all others similarly situated, Plaintiffs v.
PRESIDENT & FELLOWS OF HARVARD COLLEGE a/k/a HARVARD COLLEGE; and
CEDRIC LODGE, Defendants, Case No. _____ (Mass. Super., Suffolk
Cty., Sept. 5, 2023) is a class action for negligence, reckless
infliction of emotional distress, negligent supervision, respondeat
superior, breach of contract, unjust enrichment, tortious
interference with remains, and violation of the Massachusetts
General Laws.
Harvard College is the undergraduate college of Harvard University,
a private Ivy League research university in Cambridge,
Massachusetts. Plaintiffs Johnson, Gaudet, and Brooks are family
members of Anne Weaver who died on June 4, 2017. Prior to Weaver's
death, she arranged with Defendant Harvard and HMS to donate her
body as part of the Anatomical Gift Program.
According to the complaint, Defendant Harvard owed a duty of care
to the families who entrusted it with the remains of their loved
ones and to ensure that the cadavers were being properly and
lawfully handled and maintained as part of the Anatomical Gift
Program. However, Defendant Harvard breached its duty of care by
failing to take reasonable steps to ensure that the donated
cadavers were being properly and lawfully handled and maintained as
part of the said program. As a direct and proximate cause of
Defendant Harvard's negligent acts and omissions, Plaintiffs and
the putative class suffered injuries, says the suit.
Further, Defendant Lodge, an employee of Defendant Harvard and
worked at Harvard Medical School and the HMS morgue, breached his
duty of care by selling remains and parts of the donated cadavers.
Defendant Lodge also breached his duty of care by participating in
an illegal scheme wherein he transported and sold cadaver parts for
profit, the suit alleges.[BN]
The Plaintiffs are represented by:
Kevin J. McCullough, Esq.
Michael C. Forrest, Esq.
Robert J. Hartigan, Esq.
Kathryne D. Masson, Esq.
MAZOW | MCCULLOUGH, PC
10 Derby Square, 4th Floor
Salem, MA 01970
Telephone: (978) 744-8000
Facsimile: (978) 744-8012
E-mail: kjm@helpinginjured.com
mcf@helpinginjured.com
rjh@helpinginjured.com
kdm@helpinginjured.com
HENKEL US: De Sanctis Suit Removed to N.D. California
-----------------------------------------------------
The case styled as Dino De Sanctis, an individual, on behalf of
himself; and on behalf of all persons similarly situated v. HENKEL
US OPERATIONS CORPORATION, a Delaware corporation; HENKEL OF
AMERICA, INC., a Delaware corporation; HENKEL CORPORATION, a
Delaware corporation; and DOES 1-50, Inclusive, Case No. C23-01799
was removed from the Superior Court of California, County of Contra
Costa, to the U.S. District Court for the Northern District of
California on Sept. 11, 2023 and assigned Case No.
3:23-cv-04641-TSH.
The Complaint purports to allege nine claims for relief, including
unfair competition; failure to pay minimum wages; failure to pay
overtime wages; failure to provide meal periods; failure to provide
rest periods; failure to furnish accurate wage statements; failure
to pay all wages when due; and failure to reimburse for expenses;
and failure to pay vacation wages.[BN]
The Defendant is represented by:
Andrew M. McNaught, Esq.
Galen P. Sallomi, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Phone: (415) 397-2823
Facsimile: (415) 397-8549
Email: amcnaught@seyfarth.com
gsallomi@seyfarth.com
J&J PRESSURE: Fails to Pay OT Wages Under FLSA, Gonzalez Alleges
----------------------------------------------------------------
MARCO GONZALEZ, on behalf of himself and all others similarly
situated v. J&J PRESSURE MANAGEMENT USA, LTD, Case No.
5:23-cv-01138 (W.D. Tex., Sept. 12, 2023) sues the Defendant for
failing to pay overtime wages, in violation of the Fair Labor
Standards Act.
The Plaintiff consistently worked more than 40 hours per workweek
and averaged approximately 45 hours per week. But the Defendant
allegedly shaved the Plaintiff's overtime hours on numerous
occasions in order to bring his total hours down to 40 hours or as
close to 40 hours as possible. Once he became aware that his time
was being shaved, the Plaintiff confronted the Operations Manager
for South Texas, Ryan Bourne. Mr. Bourne responded that he had been
instructed to shave overtime hours by the owners of the company as
part of an effort to reduce costs, and that this practice was not
just directed at the Plaintiff, but was happening to all of the
Defendant's hourly employees, the Plaintiff says.
The Defendant has knowingly, willfully, or with reckless disregard
carried out, and continues to carry out, its illegal pattern or
practice of failing to pay the Plaintiff and the Class Members for
all overtime hours worked, the Plaintiff asserts.
The Plaintiff was an hourly, non-exempt employee working out of the
Defendant's Charlotte, Texas location from February 6, 2023 through
August 15, 2023.
The Defendant provides inspection and re-certification services for
its clients operating in the oilfield.[BN]
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
WELMAKER LAW, PLLC
409 N. Fredonia, Suite 118
Longview, TX 75601
Telephone: (512) 799-2048
E-mail: doug@welmakerlaw.com
JACK AND TOM: Fails to Pay Proper Wages, Betsinger Alleges
----------------------------------------------------------
JASON BETSINGER, individually and on behalf of all others similarly
situated, Plaintiff v. JACK AND TOM, INC., doing business as EMBER
KOREAN STEAKHOUSE; and SEUNG SHIN, Defendants, Case No.
2:23-cv-00723 (M.D. Fla., Sept. 12, 2023) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Betsinger was employed by the Defendants as a bartender.
JACK AND TOM, INC., doing business as EMBER KOREAN STEAKHOUSE
offering traditional Korean barbecue tables and a unique,
Asian-fusion gastropub menu as well as a full sushi bar. [BN]
The Plaintiff is represented by:
Angeli Murthy, Esq., B.C.S.
MORGAN & MORGAN, P.A.
8151 Peters Road Suite 4000
Plantation, FL 33324
Telephone: (954) 327-5369
Facsimile: (954) 327-3016
Email: amurthy@forthepeople.com
JAN RESOURCES: Hurd Sues Over Unpaid Overtime Compensation
----------------------------------------------------------
Rhyan Hurd, individually and on behalf of all others similarly
situated v. JAN RESOURCES, LLC, Case 7:23-cv-00142 (W.D. Tex.,
Sept. 11, 2023), is brought against Defendant seeking all available
relief under the Fair Labor Standards Act ("FLSA") as a result of
the Defendants failure to pay proper compensation including
overtime.
The Plaintiff and other field technicians typically work well in
excess of 12 hours a day. The Plaintiff and other field technicians
commonly work more than 15 hours a day. The Plaintiff's typical
schedule was 14 days working followed by 7 days off. The Defendant
paid Plaintiff on an hourly basis. The Defendant did not pay
Plaintiff a salary. The Defendant did not pay Plaintiff for all the
hours he worked. Defendant uses an ADP application to track the
number of hours its field technicians work. Despite using the ADP
application to record the number of hours worked, Defendant, in
many pay periods, would simply pay for 80 hours (i.e., two 40 hour
weeks) in a pay period instead of the actual number of hours
worked. By not paying for the actual number of hours worked,
Defendant underpaid its field technicians both their straight time
compensation and overtime compensation.
As a result of Defendant's pay policies, Plaintiff and other field
technicians were denied overtime pay. The Defendant has acted
willfully and with reckless disregard of clearly applicable FLSA
provisions by failing to compensate Plaintiff and the Class for
hours worked in excess of forty during the workweek. Defendant has
been sued for misclassifying its field technician workforce as
exempt employees in this past, says the complaint.
The Plaintiff worked for the Defendant as a field technician from
March of 2022 to August of 2023 in West Texas.
JAN Resources, Inc. is an oilfield service company organized under
the laws of Texas and headquartered in Odessa, Texas.[BN]
The Plaintiff is represented by:
Beatriz Sosa-Morris, Esq.
SOSA-MORRIS NEUMAN, PLLC
5612 Chaucer Drive
Houston, TX 77005
Phone: 281-885-8844
Facsimile: 281-885-8813
Email: bsosamorris@smnlawfirm.com
JIM JUSTICE: Garrett Dismissed from Class Suit
-----------------------------------------------
In the class action lawsuit captioned as JONATHAN R., et al., v.
JIM JUSTICE, et al., Case No. 3:19-cv-00710 (S.D.W. Va.), the Hon.
Judge Joseph Goodwin entered an order granting the Defendant's
renewed motion to dismiss the Claims of Plaintiff Garrett M.
-- The Plaintiff Garrett M. is dismissed with prejudice from this
action. The claims of all other Named Plaintiffs remain
pending.
-- The court directs the Clerk to send a copy of this Order
to counsel of record and any unrepresented party.
The case involves a class of current and former foster children who
are challenging West Virginia's child welfare system on various
grounds.
The court recently certified a General Class of:
"all West Virginia foster children who are or will be in the
foster
care custody of the West Virginia Department of Health and Human
Resources ("DHHR")."
The present motion concerns whether one of the twelve Named
Plaintiffs, Garrett M., has standing to bring this case
individually or on behalf of the class. The parties agree that
Garrett M. was involved in both the child welfare and juvenile
justice systems as a minor.
A copy of the Court's order dated Sept. 1, 2023 is available from
PacerMonitor.com at https://bit.ly/3LoECSF at no extra charge.[CC]
JOHNSON & JOHNSON: Yousefzadeh Sues Over Medication's Deceptive Ads
-------------------------------------------------------------------
SANDRA YOUSEFZADEH, individually and on behalf of all others
similarly situated, Plaintiff v. JOHNSON & JOHNSON CONSUMER, INC.,
Defendant, Case No. 2:23-cv-06825 (E.D.N.Y., September 13, 2023) is
a class action against the Defendant for violations of Sections 349
and 350 of New York General Business Law and for unjust
enrichment.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of an over-the
counter medication known as Sudafed PE, containing the active
ingredient Phenylephrine (PE). The Defendant markets Sudafed PE to
consumers as an effective oral nasal decongestant, but a U.S. Food
and Drug Administration Nonprescription Drugs Advisory Committee
(NDAC) has concluded that PE is no more effective as an oral nasal
decongestant than a placebo. By purchasing Sudafed PE, the
Plaintiff and the Class did not receive a product that was
effective at treating nasal congestion, says the suit.
Johnson & Johnson Consumer, Inc. is a consumer goods company based
in New Jersey. [BN]
The Plaintiff is represented by:
Darren T. Kaplan, Esq.
KAPLAN GORE LLP
1979 Marcus Ave., Suite 201
Lake Success, NY 11042
Telephone: (212) 999-7370
E-mail: dkaplan@kaplangore.com
JPS VENTURES: Faces Sanchez Wage-and-Hour Suit in S.D.N.Y.
----------------------------------------------------------
FELIPE DE JESUS GUEVARA SANCHEZ, individually and on behalf of all
others similarly situated, Plaintiff v. JPS VENTURES, INC. d/b/a
ST. JAMES GATE, Defendant, Case No. 1:23-cv-07869 (S.D.N.Y., Sept.
5, 2023) arises from the Defendant's alleged unlawful labor
policies and practices in violation of the Fair Labor Standards
Act, the New York Labor Law, and the New York Codes, Rules and
Regulations.
The Plaintiff brings this putative collective action because he was
not: (i) paid the overtime premium for each hour worked in excess
of 40 per workweek; and (ii) paid the "spread of hours" pay for
each day worked in excess of 10 hours.
The Plaintiff began his employment for Defendant as a bartender and
a server from March 2021 until July 2023.
JPS Ventures, Inc. is a bar and restaurant located in New York, New
York.[BN]
The Plaintiff is represented by:
Brendan Carman, Esq.
Alexander M. White, Esq.
VALLI KANE & VAGNINI LLP
600 Old Country Road, Ste. 519
Garden City, NY 11530
Telephone: (516) 203-7180
Facsimile: (516) 706-0248
K. RUPERT MURDOCH: New York BOERS Files Suit in Del. Chancery Ct.
-----------------------------------------------------------------
A class action lawsuit has been filed against K. Rupert Murdoch, et
al. The case is styled as New York City Board of Education
Retirement System, New York City Police Pension Fund, New York City
Teachers' Retirement System, The State of Oregon, and others
similarly situated v. K. Rupert Murdoch, Anne Dias, Charles D.
Carey, Jacques A. Nasser, Lachlan K. Murdoch, Paul D. Ryan, Roland
A. Hernandez, Suzanne Scott, Viet Dinh, Defendants; Fox
Corporation, Nominal Defendant; Case No. 2023-0904-JTL (Del.
Chancery Ct., Sept. 12, 2023).
The case type is stated as "Breach of Fiduciary Duties."
Keith Rupert Murdoch AC KCSG is an Australian-born American
business magnate, media proprietor, and investor.[BN]
The Plaintiff is represented by:
Joel E. Friedlander, Esq.
FRIEDLANDER & GORRIS PA
1201 N Market Street, Suite 2200
Wilmington, DE 19801
Phone: (302) 573-3500
Email: jfriedlander@friedlandergorris.com
- and -
Jeffrey M. Gorris, Esq.
Phone: (302) 573-3500
Fax: (302) 573-3501
- and -
Christopher M. Foulds, Esq.
Phone: (302) 573-3500
Fax: (302) 573-3501
K18 INC: Dawson Files ADA Suit in S.D. New York
-----------------------------------------------
A class action lawsuit has been filed against K18, Inc. The case is
styled as Lashawn Dawson, on behalf of himself and all others
similarly situated v. K18, Inc., Case No. 1:23-cv-08061 (S.D.N.Y.,
Sept. 12, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
K18 Hair -- https://www.k18hair.com/ -- is a cosmetics manufacturer
that offers a variety of products for nourishing and repairing
hair.[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
KATZ TIRES: Fails to Pay Technicians' OT Wages Under FLSA
---------------------------------------------------------
Jermond Mayle, on behalf of themselves and all others similarly
situated v. Katz Tires Service LLC, Case No. 2:23-cv-02929-MHW-CMV
(S.D. Ohio, Sept. 11, 2023) alleges that the Defendant failed to
pay overtime premiums in violation of the Fair Labor Standards Act
and the Ohio overtime compensation statute.
The Representative Plaintiff regularly worked upwards of 65 hours
per week. When Representative Plaintiff and all other similarly
situated employees worked more than 40 hours in a workweek, they
were not paid an overtime premium in an amount equal to 1.5 times
their regular rate of pay. Instead, Defendant paid them straight
time only, the suit alleges.
As a result of the Defendant's alleged violations of the FLSA, the
Representative Plaintiff and the FLSA Collective Members were
injured in that they did not receive overtime compensation due to
them pursuant to the FLSA, which entitles them to an award of
"unpaid overtime compensation" as well as "an additional equal
amount as liquidated damages."
The FLSA Collective is defined as:
All current and former Tire Technicians employed by the
Defendant who worked more than 40 hours in any week from
three years preceding the filing of this Complaint through
final resolution of this matter
The Ohio Class is defined as:
All current and former Tire Technicians employed by the
Defendant in Ohio who worked more than 40 hours in any week
from two years preceding the filing of this Complaint
through final resolution of this matter.
The Plaintiff is a resident of Ohio who was employed by the
Defendant as a Tire Technician from September 2019 until September,
2022.
Katz operates approximately 17 tire store locations in Ohio,
serving Lucas, Shelby, Bellville, Ashland, Lancaster, Canal
Winchester, Lexington, Ontario, Amoy, Loudonville, Carroll,
Somerset, Sugar Grove, Mt. Vernon, Massillon, Norton, and
Lima.[BN]
The Plaintiff is represented by:
Michael L. Fradin, Esq.
FRADIN LAW
8401 Crawford Ave. Ste. 104
Skokie, IL 60076
Telephone: (847) 986-5889
Facsimile: (847) 673-1228
E-mail: mike@fradinlaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
11 ½ N. Franklin Street
Chagrin Falls, OH 44022
Telephone: (216) 816-8696
E-mail: james@simonsayspay.com
KELLOGG COMPANY: Shortchanges Plan Participants, Reichert Alleges
-----------------------------------------------------------------
THOMAS N. REICHERT, individually and on behalf of all others
similarly situated, Plaintiff v. KELLOGG COMPANY, THE KELLOGG
COMPANY PENSION PLAN, THE KELLOGG COMPANY – BAKERY,
CONFECTIONERY, TOBACCO WORKERS AND GRAIN MILLERS PENSION PLAN, THE
KELLOGG ERISA FINANCE COMMITTEE, THE KELLOGG ERISA ADMINISTRATIVE
COMMITTEE, THE BAKERY, CONFECTIONERY, TOBACCO WORKERS AND GRAIN
MILLERS PENSION COMMITTEE, and JOHN/JANE DOES 1–20, Defendants,
Case No. 2:23-cv-12343-BAF-CI (E.D. Mich., September 14, 2023) is a
class action against the Defendants for violations of the Employee
Retirement Income Security Act of 1974.
The case arises from the Defendants' unlawful shortchanging the
participants of the Kellogg Company Pension Plan and the Kellogg
Company - Bakery, Confectionery, Tobacco Workers and Grain Millers
Pension Plan by millions of dollars through their use of outdated
formulas to calculate pension benefits. These formulas result in
the Plaintiff and Class members receiving less than the "actuarial
equivalent" of their vested benefits, in violation of ERISA's
actuarial equivalence requirements. The Defendants disregarded
their fiduciary duty to act loyally and solely in the interest of
the Plans' participants and beneficiaries by electing to use
unreasonable and outdated formulas for payment of pension benefits
for their own financial gain, the suit says.
Kellogg Company is a multinational food manufacturer headquartered
in Battle Creek, Michigan. [BN]
The Plaintiff is represented by:
Allison R. Lucas, Esq.
Lisa R. Considine, Esq.
Oren Faircloth, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: alucas@sirillp.com
lconsidine@sirillp.com
ofaircloth@sirillp.com
LATARA ENTERPRISE: Fails to Pay Phlebotomist's Minimum & OT Wages
-----------------------------------------------------------------
CLAUDIA GARCIA, an individual, on behalf of herself, all aggrieved
employees, and the State of California as a Private Attorneys
General v. LATARA ENTERPRISE, INC. DBA FOUNDATION LABORATORY, a
California corporation and DOES 1-50, inclusive, Case No.
23STCV21976 (Cal. Super., Sept. 12, 2023) sues the Defendant for
failing to pay for minimum and overtime wages, in violation of the
California Labor Code.
The Plaintiff and aggrieved employees are able to clock in using
their personal phones (which are not reimbursed) or on the office
computers. However, prior to clocking in, the employee must first
turn on the computer and start up the program, which always leads
to delays. The Plaintiff explains that when she attempts to log in
using company computers, it takes her 5 minutes just to upload the
computer, which is unpaid.
The Plaintiff is often the only employee working as a phlebotomist
at a time, resulting in constantly interrupted meal periods. The
aggrieved employees were also required to work while clocked out
for lunch. The Plaintiff was frequently interrupted when on her
lunch break but was not permitted to report this time worked on her
timecard, the suit alleges.
The Defendant required the Plaintiff and her coworkers to
communicate with the Defendant a few hours prior to each shift on
days scheduled to work. The block of unpaid time between the
required communication and the assigned shift is longer than one
hour and is not a designated meal period. The Plaintiff and
aggrieved employees work regular split shifts but do not receive
split shift pay in the corresponding pay period, the suit claims.
The Defendant also required employees to remain on call, carry a
communication device, and report to work at the assigned location
within only hours of being told where to report. If an employee was
called off and told not to report to work, they were not paid for
reporting time despite the fact that they were required to report
to and communicate with their employer, the suit adds.
Based on the Defendant's alleged unlawful conduct, and because the
Plaintiff and the aggrieved employees were paid at or near minimum
wage, the employer's failure to pay for all hours worked, including
overtime, resulted in a payment of less than the minimum wage for
all hours worked, in violation of Labor Code sections 1197, 1197.1,
1199 and the Wage Order. Additionally, the employees receive zero
pay for time spent working off the clock which is also a violation
of the labor code.
Ms. Garcia worked for the Defendant as an employee on an hourly,
non-exempt basis as a phlebotomist until May 26, 2023.
Latara is a diagnostic laboratory.[BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 761-5484
Facsimile: (818) 561-3938
E-mail: nazo@koullaw.com
- and -
Sahag Majarian, Esq.
Garen Majarian, Esq.
MAJARIAN LAW GROUP, APC
18250 Ventura Blvd.
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
garen@majarianlawgroup.com
LBC MUNDIAL: Fumera Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against LBC Mundial
Corporation, et al. The case is styled as Nelia Fumera, Josefina
Gapuz, on behalf of themselves and other similarly situated
non-exempt former and current employees v. LBC Mundial Corporation,
Does 1 Through 100, Inclusive, Case No. CGC23608960 (Cal. Super.
Ct., San Francisco Cty., Sept. 11, 2023).
The case type is stated as "Other Non-Exempt Complaints."
LBC Express -- https://www.lbcexpress.com/ -- is the largest
Express Courier, Cargo, and Money Remittance service company in the
Philippines.[BN]
The Plaintiff is represented by:
Brandon J. Sweeney, Esq.
THE SWEENEY LAW FIRM, APC
15303 Ventura Blvd., Ste. 900
Sherman Oaks, CA 91403
Phone: +1 818-380-3051
LELY NORTH: Class Settlement in Kruger Gets Final Nod
------------------------------------------------------
In the class action lawsuit captioned as JARED KRUGER, MARK VAN
ESSEN, LYNN KIRSCHBAUM, DONNA and ROBERT KOON, and SCHUMACHER DAIRY
FARMS OF PLAINVIEW LLC, on behalf of themselves and all others
similarly situated, v. LELY NORTH AMERICA, INC. Case No.
0:20-cv-00629-KMM-DTS (D. Minn.), the Hon. Judge Katherine Menendez
entered an order granting the Plaintiffs' unopposed motion for
final approval of class settlement, attorneys' fees, costs,
expenses, and service awards and class counsel's motion for
attorney's fees, costs, expenses and service awards.
The Settlement Class is defined as follows:
"All persons in the United States or its territories who
purchased
or leased a new Lely Astronaut A4 Robot."
The Settlement Class excludes individuals or entities who
purchased
or leased a used Astronaut A4 robot. Also excluded from the
Settlement Class are the Court and its officers and employees;
Defendants and their corporate parents, siblings, relatives, and
subsidiaries, as well as their officers, directors, employees,
and
agents; governmental entities; and those who timely request to
opt-
out pursuant to the requirements set forth in the Settlement
Notice.
The Plaintiffs Jared Kruger, Mark Van Essen, Lynn Kirschbaum, Donna
and Robert Koon, and Schumacher Dairy Farms of Plainview LLC
brought this class action lawsuit on behalf of all persons in the
United States or its territories who purchased or leased a new Lely
Astronaut A4 robotic milking machine.
They alleged that the A4 Robot was defective, resulting in mounting
problems and costs in contradiction to what Defendants Lely North
America, Inc., Lely Holding B.V., Maasland N.V., Lely Industries
N.V., and Lely International N.V. had represented.
A copy of the Court's order dated Sept. 1, 2023 is available from
PacerMonitor.com at https://bit.ly/3PEa9m8 at no extra
charge.[CC]
LOANDEPOT.COM LLC: Fails to Pay Loan Officer's Minimum & OT Wages
-----------------------------------------------------------------
MENA MANSOUR, individually and on behalf of all other aggrieved
employees v. LOANDEPOT.COM, LLC, a Limited Liability Company; LD
HOLDINGS GROUP LLC, a Limited Liability Company; and DOES 1 through
50, inclusive, Case No. 23SMCV04251 (Cal. Super., Sept. 11, 2023)
sues the Defendants for failing to pay minimum and overtime wages,
in violation of the California Labor Code.
According to the complaint, the Defendants routinely required the
Representative Plaintiff and the other Aggrieved Employees to
perform work tasks before and/or after their scheduled shifts,
and/or during off-the-clock meal breaks, and/or during rest breaks.
As a consequence, the Defendants willfully failed to pay the
Employees all of the wages to which they were entitled, the lawsuit
alleges.
The Employees worked shifts in excess of five hours without a meal
break, and worked shifts of ten hours or more without a second meal
break, due to understaffing, inadequate coverage, unreasonably high
workload and expectations, and/or other actions, inactions, or
decisions made by and within the sole control and discretion of the
Defendants, the lawsuit claims.
The Defendants allegedly employed a tactic of clocking-out
employees for rest and/or meal periods that were never taken and/or
were legally non-compliant, and/or otherwise falsified or altered
timekeeping records. As alleged throughout this Complaint, due to
the company-wide failures of the Defendants, the Employees were
forced to work off-the-clock before and/or after their scheduled
work shifts, and/or during rest breaks, and/or during meal breaks.
The Defendants failed to pay the Employees minimum wage for this
time and/or falsified timekeeping records to hide this fact. The
Defendants also failed to provide employment records in violation
of Labor Code sections 226, 432, and 1198.5, the lawsuit asserts.
The Representative Plaintiff is an individual who resides in
California and was employed as Loan Officer by the Defendants from
April 09, 2021 until March 01, 2023.
LoanDepot is a nonbank holding company which sells mortgage and
non-mortgage lending products.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Raffi Tapanian, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Telephone: (818) 696-2306
Facsimile: (818) 696-2307
E-mail: haig@hbklawyers.com
raffi@hbklawyers.com
LOWE'S HOME CENTERS: Garrido Suit Removed to E.D. California
------------------------------------------------------------
The case captioned as Alexis Garrido, an individual, on behalf of
himself and others similarly situated v. LOWE'S HOME CENTERS, LLC.,
a North Carolina limited liability company; and DOES 1 through 50,
inclusive, Case No. STK-CV-UOE-2023-7780 was removed from the
Superior Court of the State of California for the County of San
Joaquin, to the United States District Court for the Eastern
District of California on Sept. 12, 2023, and assigned Case No.
2:23-cv-01961-DAD-DB.
The Complaint asserts the following ten causes of action for
violation of the California Labor Code and California Business and
Professions Code: "Failure to Pay Minimum Wages"; "Failure to Pay
Wages and Overtime Under Labor Code"; "Meal Period Liability Under
Labor Code"; "Rest-Break Liability Under Labor Code"; "Violation of
Labor Code" (non-compliant wage statements); "Violation of Labor
Code" (unlawful withholdings); "Violation of Labor Code" (failure
to timely pay wages during employment); "Violation of Labor Code"
(waiting Time penalties for failure to timely pay wages at end of
employment); "Failure to Maintain Records Required Under Labor
Code"; and "Violation of Business and Professions Code."[BN]
The Defendant is represented by:
Jonathan L. Brophy, Esq.
Romtin Parvaresh, Esq.
Francesca L. Hunter, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: jbrophy@seyfarth.com
rparvaresh@seyfarth.com
fhunter@seyfarth.com
LYNEER STAFFING: Bolanos Sues Over Unpaid Minimum, Overtime Wages
-----------------------------------------------------------------
Ingrid Bolanos, on behalf of all others similarly aggrieved v.
LYNEER STAFFING SOLUTIONS, LLC, a Delaware limited liability
company, and DOES 1 through 50, inclusive, Case No. 23STCV218060
(Cal. Super. Ct., Los Angeles Cty., Sept. 12, 2023), is brought
under the Private Attorneys General Act of 2004 ("PAGA") as a
result of the Defendants failure to pay minimum and overtime
wages.
California law mandates that employees in California be paid for
all hours worked, up to 40 per week or 8 per day, at a regular time
rate no less than the mandated minimum wage. Defendant violated
California minimum wage laws by requiring, suffering or permitting
Plaintiff and other aggrieved employees to work without
compensation in part by using a rounding system that, as applied,
systematically deprived them of compensable hours worked because
the time recording system implemented by Defendant resulted in
understating actual compensable hours worked due to the rounding.
Accordingly, Plaintiff and similarly aggrieved employees were not
paid for all hours worked causing minimum wage violations pursuant
to Labor Code sections 1194-1199, and all applicable Wage Orders,
including Wage Order 9-2001, says the complaint.
The Plaintiff is an individual residing in the State of
California.
LYNEER STAFFING SOLUTIONS, LLC, is a Delaware limited liability
company and, upon information and belief, is duly licensed to
conduct business in California.[BN]
The Plaintiff is represented by:
J. Kirk Donnelly, Esq.
LAW OFFICES OF J. KIRK DONNELLY, APC
2173 Salk Avenue, Suite 250
Carlsbad, CA 92008
Phone: (760) 209-5894
Email: kdonnelly@jkd-law.com
MASTEC SERVICES: Perez Suit Removed to E.D. California
------------------------------------------------------
The case styled as Angel Perez as an individual, on behalf of
himself, and all persons similarly situated v. MASTEC SERVICES
COMPANY, INC., a Florida corporation; MASTEC NETWORK SOLUTIONS,
INC., a Florida corporation; MASTEC NETWORK SOLUTIONS, LLC, a
Florida corporation; SEFNCO COMMUNICATIONS, INC., a Washington
corporation, and DOES 1 to 10 inclusive, Case No. 23CV004890 was
removed from the Superior Court of the State of California, County
of Sacramento, to the U.S. District Court for the Eastern District
of California on Sept. 11, 2023 and assigned Case No.
2:23-at-00911.
On July 14, 2023, Plaintiff filed a Class Action Complaint against
Defendants which asserts the following seven causes of action:
failure to timely pay minimum wages and overtime compensation;
failure to provide legally compliant meal periods or compensation
in lieu thereof; failure to provide legally compliant rest periods
or compensation in lieu thereof; failure to pay all wages owed upon
separation; failure to provide paid sick leave and written notice
of the amount of sick leave available; failure to furnish accurate
itemized wage statements; failure to maintain accurate records;
failure to provide copies of signed documents; failure to reimburse
for necessary work expenses; and violation of the Unfair
Competition Law; and Private Attorneys General Act of 2004.[BN]
The Defendant is represented by:
Steven A. Groode, Bar No. 210500
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Fax: 925.946.9809
Email: sgroode@littler.com
- and -
Nathaniel H. Jenkins, Bar No. 312067
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Phone: 916.830.7200
Fax: 916.561.0828
Email: njenkins@littler.com
MCGRATH RENTCORP: Class Settlement in Grogan Gets Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as ROBERT GROGAN and HELENA
CRUZ, on behalf of themselves and all others similarly situated, v.
MCGRATH RENTCORP, Case No. 3:22-cv-00490-AGT (N.D. Cal.), the Hon.
Judge Alex G. Tse entered an order granting motion for preliminary
approval of class action settlement as modified.
-- The Court, pursuant to Rule 23(a) and Rule 23(b)(3) of the
Federal Rules of Civil Procedure, preliminarily certifies, for
purposes of this Settlement only, the following Settlement
Class:
"All persons whose personal information, which may include
health
information, was potentially exposed to unauthorized access as
a
result of a[n] Incident affecting Defendant’s computer
network
that occurred in 2021."
Excluded from the Settlement Class are persons who validly opt
out of the Settlement Class.
-- The Court appoints Turke & Strauss, LLP, Paronich Law, LLP,
and
Meyer Wilson Co., LPA, as Class Counsel pursuant to Rule 23 of
the Federal Rules of Civil Procedure for purposes of this
Settlement only.
-- The Court appoints Robert Grogan and Helena Cruz as Class
Representatives of the Settlement Class pursuant to Rule 23 of
the Federal Rules of Civil Procedure.
-- The Court directs the Parties and the Settlement Administrator
to
complete all aspects of the Class Notice no later than
September
22, 2023, in accordance with the terms of the Agreement.
McGrath is a business-to-business rental company.
A copy of the Court's order dated Sept. 1, 2023 is available from
PacerMonitor.com at https://bit.ly/3PFzgnx at no extra charge.[CC]
MDL 2700: Plaintiffs Seek to Bifurcate Class Cert Briefing
----------------------------------------------------------
In the class action lawsuit Re: MDL 2700 Genentech Herceptin
(Trastuzumab) Marketing and Sales Practices Litigation, Case No.
4:16-md-02700-GKF-JFJ (N.D. Okla.), the Plaintiff asks the Court to
enter an order granting their motion to bifurcate class
certification briefing.
(1) Class certification briefing be divided into two parts;
(2) Part One will address which state's (or states') law should
apply to Plaintiffs' claims;
(3) Part Two will address the Rule 23 factors and remaining
legal
issues (if any) in light of the Court's choice-of-law
rulings;
and
(4) The parties be required to meet and confer to propose a
briefing schedule—including an interim deadline for
interrogatory responses related to choice-of-law
issues—for
Part One.
Accordingly, courts enjoy considerable "express and inherent
power" to "extensively supervise and control" multi-district and
putative class action cases like this one.
The Plaintiffs' request flows from and furthers these goals by
resolving threshold issues early and streamlining briefing on the
ultimate question of class certification.
The Plaintiffs move the Court to set a two-part briefing cycle on
the question of class certification. Under the Court's First
Amended Phase II Scheduling Order, the Plaintiffs must file their
Motion for Class Certification under FED. R. CIV. P. 23 by June 10,
2024.
A copy of the Plaintiffs' motion dated Sept. 1, 2023 is available
from PacerMonitor.com at https://bit.ly/3ED69fr at no extra
charge.[CC]
The Plaintiffs are represented by:
John D. Russell, Esq.
Steven J. Adams, Esq.
Amelia A. Fogleman, Esq.
Adam C. Doverspike, Esq.
Barrett L. Powers, Esq.
Amy M. Stipe, Esq.
GABLEGOTWALS
110 N. Elgin Avenue, Suite 200
Tulsa, OK 74120
Telephone: (918) 595-4800
Facsimile: (918) 595-4990
E-mail: jrussell@gablelaw.com
sadams@gablelaw.com
afogleman@gablelaw.com
adoverspike@gablelaw.com
bpowers@gablelaw.com
astipe@gablelaw.com
META PLATFORMS: Faces Chabon Class Suit Over IP Infringement
------------------------------------------------------------
MICHAEL CHABON, DAVID HENRY HWANG, MATTHEW KLAM, RACHEL LOUISE
SNYDER, AND AYELET WALDMAN, individually and on behalf of all
others similarly situated v. META PLATFORMS, INC., a Delaware
Corporation, Case No. 3:23-cv-04663 (N.D. Cal., Sept. 12, 2023) is
brought by the Plaintiffs on behalf of themselves and a Class of
authors holding copyrights in their published works arising from
Meta's clear infringement of their intellectual property.
Meta's LLaMA (Large Language Model Meta AI) is a set of large
language models created and maintained by Meta Platforms, Inc. A
large language model is an AI software program designed to produce
convincingly natural texts outputs in response to user prompts. To
train the LLaMA language models, Meta copied the Books3 dataset,
which includes the Infringed Works, the Plaintiffs allege.
The Plaintiffs never authorized Meta to make copies of their
Infringed Works, make derivative works, publicly display copies (or
derivative works), or distribute copies (or derivative works). All
those rights belong exclusively to Plaintiffs under copyright law.
Because the LLaMA language models cannot function without the
expressive information extracted from Infringed Works and retained
inside the LLaMA language models, these LLaMA language models are
themselves infringing derivative works, made without the
Plaintiffs' permission and in violation of their exclusive rights
under the Copyright Act, the lawsuit contends.
The Plaintiffs and the Class have been injured by Meta's acts of
direct copyright infringement. The Plaintiffs and the Class are
entitled to statutory damages, actual damages, restitution of
profits, and other remedies provided by law.
The Plaintiffs and Class members are authors of books, screenplays,
novels, and other written works, and possess copyrights for the
books and written works they created and published.
Meta creates, markets, and sells software and hardware technology
products, including Facebook, Instagram, and Horizon Worlds.[BN]
The Plaintiffs are represented by:
Daniel J. Muller, Esq.
VENTURA HERSEY & MULLER, LLP
1506 Hamilton Avenue
San Jose, CA 95125
Telephone: (408) 512-3022
Facsimile: (408) 512-3023
E-mail: dmuller@venturahersey.com
- and -
Bryan L. Clobes, Esq.
Alexander J. Sweatman, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
205 N. Monroe Street
Media, PA 19063
Telephone: (215) 864-2800
E-mail: bclobes@caffertyclobes.com
asweatman@caffertyclobes.com
MISTER FRENCH NYC: Martin Files ADA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Mister French NYC,
LLC. The case is styled as Damian Martin, on behalf of himself and
all others similarly situated v. Mister French NYC, LLC, Case No.
1:23-cv-06753 (E.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Mister French -- https://www.misterfrenchnyc.com/ -- is a French &
American restaurant located in New York City.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
MYOVANT SCIENCES: Misleads Shareholders to OK Merger, Zappia Claims
-------------------------------------------------------------------
JOSEPH ZAPPIA, individually and on behalf of all others similarly
situated, Plaintiff v. MYOVANT SCIENCES LTD., MYOVANT SCIENCES,
INC., SUMITOMO PHARMA AMERICA, INC., TERRIE CURRAN, MARK GUINAN,
DAVID MAREK, NANCY VALENTE, and MATTHEW LANG, Defendants, Case No.
1:23-cv-08097 (S.D.N.Y., September 13, 2023) is a class action
against the Defendants for violations of Sections 14(a) and 20(a)
of the Securities Exchange Act of 1934 and Rule 14a-9 promulgated
thereunder.
According to the complaint, the Defendants authorized the filing of
a false and misleading definitive proxy statement on Schedule 14A
with the U.S. Securities and Exchange Commission on January 23,
2023 to solicit votes from public Myovant shareholders holding a
minority of Myovant's common shares to favor a merger between
Myovant and Sumitovant Biopharma Ltd. Specifically, the Proxy
stated that the special committee formed by the board to negotiate
the merger with Sumitovant retained Skadden, Arps, Slate, Meagher &
Flom LLP on June 28, 2022, as its legal advisor based on, among
other things, Skadden's qualifications, experience and reputation
and the absence of conflicts on the part of Skadden. The statement
in the Proxy that Skadden did not have any conflicts was false
because Skadden was already simultaneously representing Sumitomo
Banking and other Japanese companies affiliated with Sumitomo
Pharma and Sumitomo Chemical. As a result, a majority of Minority
Myovant Shareholders were misled into voting to approve the merger
on March 1, 2023, at a price that was less than Myovant's full and
fair value, says the suit.
Myovant Sciences Ltd. is a biopharmaceutical company headquartered
in California.
Myovant Sciences, Inc. is a wholly owned company of Myovant
Sciences Ltd. based in California.
Sumitomo Pharma America, Inc. is a biopharmaceutical company, with
a principal place of business at 55 Cambridge Parkway Suite,
Cambridge, Massachusetts. [BN]
The Plaintiff is represented by:
Michael A. Rogovin, Esq.
WEISS LAW
476 Hardendorf Ave. NE
Atlanta, GA 30307
Telephone: (404) 692-7910
Facsimile: (212) 682-3010
E-mail: mrogovin@weisslawllp.com
- and -
Joshua E. Fruchter, Esq.
WOHL & FRUCHTER LLP
25 Robert Pitt Drive, Suite 209G
Monsey, NY 10952
Telephone: (845) 290-6818
Facsimile: (718) 504-3773
E-mail: jfruchter@wohlfruchter.com
NATIONAL ENTERTAINMENT: Fails to Pay Dancers' Minimum & OT Wages
----------------------------------------------------------------
Jessica Hines, individually and on behalf of all others similarly
situated v. National Entertainment Group, LLC d/b/a Vanity, Case
No. 2:23-cv-02952-ALM-CMV (S.D. Ohio, Sept. 12, 2023) sues the
Defendant for failing to pay minimum and overtime wages in
violation of the federal Fair Labor Standards Act of 1938, the Ohio
Minimum Fair Wage Standards Act, the Ohio Semi-Monthly Payment Act,
and common law unjust enrichment.
During the Plaintiff's tenure as a dancer for the Defendant, the
Plaintiff was first required to pay to enter the club, and her only
compensation came in the form of tips received from club patrons.
Moreover, the Plaintiff was required to divide those tips with the
Defendant and other employees who do not customarily receive tips.
Consequently, the Defendant failed to compensate Plaintiff and
other similarly situated Dancers like her at the federal mandated
minimum wage rates, and failed to provide the Plaintiff and others
like her with commensurate overtime when they worked over 40 hours
in a given workweek. The Defendant's scheme to label the Plaintiff
and the putative Collective Action Members as independent
contractors was designed to deny them their fundamental rights as
employees to receive minimum wages, overtime, to demand and retain
portions of tips given to putative Collective Action Members by the
Defendant's customers, and to enhance the Defendant's profits, the
Plaintiff asserts.
Ms. Hines is a non-exempt employee of the Defendant and works as a
dancer from 2014 to the present.
The Defendant owns and operates an adult entertainment club in
Columbus.[BN]
The Plaintiff is represented by:
Michael L. Fradin, Esq.
FRADIN LAW
8401 Crawford Ave. Ste. 104
Skokie, IL 60076
Telephone: (847) 986-5889
Facsimile: (847) 673-1228
E-mail: mike@fradinlaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
11 ½ N. Franklin Street
Chagrin Falls, OH 44022
Telephone: (216) 816-8696
E-mail: james@simonsayspay.com
NATIONS LENDING: Beyjin Sues Over Failure to Pay Overtime Wages
---------------------------------------------------------------
Arlino Beyjin, on behalf of himself and all others similarly
situated v. NATIONS LENDING CORPORATION, Case No. 1:23-cv-01775
(N.D. Ohio, Sept. 12, 2023), is brought as a result of Defendant's
practices and policies of misclassifying Plaintiff and other
similarly situated employees as "exempt" and failing to pay them
wages for all hours worked, including overtime compensation at the
rate of one and one-half times their regular rate of pay for all
the hours they worked in excess of 40 each workweek, in violation
of the Fair Labor tandards Act ("FLSA") and the Ohio Minimum Fair
Wage Standards Act ("OMFWSA").
The Plaintiff and other Loan Originators regularly worked more than
40 hours per work week. Plaintiff estimates that, on average, he
worked approximately 50 hours or more per workweek throughout his
employment with Defendant as a Loan Originator. The Defendant did
not compensate Plaintiff and other similarly situated Loan
Originators at a rate of one and one-half times their regular rate
of pay for the hours they worked in excess of 40 per workweek as
required by the FLSA and the OMFWSA, says the complaint.
The Plaintiff was employed by Defendant as a Loan Originator in
Cuyahoga County, Ohio, from August 2022 to December 2022.
The Defendant is a national direct mortgage lender and servicer,
employs Loan Originators, who gather information from loan
applicants and submit mortgage loan applications for processers and
underwriters to review.[BN]
The Plaintiff is represented by:
Matthew S. Grimsley, Esq.
Anthony J. Lazzaro, Esq.
Lori M. Griffin, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Building, Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Phone: (216) 696-5000
Facsimile: (216) 696-7005
Email: anthony@lazzarolawfirm.com
matthew@lazzarolawfirm.com
lori@lazzarolawfirm.com
NETWORK SOLUTIONS: 40 Acres Suit Transferred to M.D. Florida
------------------------------------------------------------
The case styled as 40 Acres & 1 Mule, LLC, Go Score, LLC, on behalf
of themselves and all others similarly situated v. Network
Solutions LLC, Web.com Group, Inc., New Ventures Services, Corp.,
Paul Pimes, Gianni Mangohig, Does 1-50, Case No. 3:22-cv-01215 was
transferred from the U.S. District Court for the District of
Connecticut, to the U.S. District Court for the Middle District of
Florida on Sept. 12, 2023.
The District Court Clerk assigned Case No. 3:23-cv-01071-TJC-MCR to
the proceeding.
The nature of suit is stated as Other Civil Rights.
Network Solutions LLC -- https://www.networksolutions.com/ --
provides internet services. The Company offers domain name
registration services, web site hosting, web site design, e-mail,
SSL certificates, online sales and marketing, e-commerce, business
services, web site tools, and utilities.[BN]
The Plaintiff is represented by:
Nitor V. Egbarin, Esq.
LAW OFFICE OF NITOR V. EGBARIN, LLC
100 Pearl Street 14th Floor
Hartford, CT 06103
Phone: (860) 249-7180
Fax: (860) 408-1471
Email: NEgbarin@aol.com
The Defendant is represented by:
John C. Matulis, Jr. , Esq.
JANUSZEWSKI, MCQUILLAN & DENIGRIS
165 West Main St., PO Box 150
New Britain, CT 06050-0150
Phone: (860) 225-7667
Fax: (860) 826-1814
Email: j.matulis@jmdnbct.com
- and -
Timothy B. Hyland, Esq.
Tyler Southwick, Esq.
HYLAND LAW PLLC
1818 Library Street, Suite 500
Reston, VA 20190
Phone: (703) 956-3566
Fax: (703) 935-0349
Email: thyland@hylandpllc.com
tsouthwick@hylandpllc.com
NEW YORK, NY: Aboubakar Class Cert. Bids Denied w/o Prejudice
--------------------------------------------------------------
In the class action lawsuit captioned as AIALEKAN ABOUBAKAR, et
al., v. THE CITY OF NEW YORK, et al., Case No. 20-CV-01716 (NGG)
(CLP) (E.D.N.Y.), the Hon. Judge Nicholas G. Garaufis entered an
order denying without prejudice the Plaintiffs' motions to certify
classes.
-- The Plaintiffs are directed to inform the court within 60 days
whether they will proceed on individual claims or whether they
intend to amend their motion.
-- Having found that Plaintiffs are unable to meet the
requirements
under Rule 23(b)(2), Rule 23(b)(3) or Rule 23(c)(4), the
Plaintiffs' motion for class certification is denied without
prejudice.
The Plaintiffs are former detainees at BCB who were held at BCB
between 2016 and 2019, each for less than thirty-six hours.
The Plaintiffs allege that while detained at BCB they experienced
"inhumane conditions of confinement'' in violation of their rights
under the Due Process Clause of the Fourteenth Amendment.
Specifically, Plaintiffs allege the following conditions at BCB:
overcrowding; unsanitary toilets; scattered garbage and inadequate
sanitation; vermin infestation; a lade of toiletries and hygienic
items; inadequate nutrition and water; extreme temperatures and
poor ventilation; crime and intimidation; and sleep deprivation.
The Plaintiffs seek to certify a class composed of
"all persons who were detained in BCB from April 8, 2017, to the
date on which the Defendants are ordered to remedy the
unconstitutionally inhumane conditions in BCB, or otherwise
remedy
those conditions."
As an alternative to certification of a Rule 23(b) (3) class,
Plaintiffs seek to certify an "issue class" to determine liability
pursuant to Rule 23(c)(4).
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean
A copy of the Court's order dated Sept. 1, 2023, is available from
PacerMonitor.com at https://bit.ly/3sW2net at no extra charge.
NEW YORK, NY: Court Denies w/o Prejudice Bids to Certify Classes
----------------------------------------------------------------
In the class action lawsuit captioned as DOMINICK BRENNAN, et al.,
v. THE CITY OF NEW YORK, et al., Case No. 19-CV-02054 (NGG) (CLP)
(E.D.N.Y.), the Hon. Judge Nicholas G. Garaufis entered an order
denying without prejudice the Plaintiffs' motions to certify
classes.
-- The Plaintiffs are directed to inform the court within 60 days
whether they will proceed on individual claims or whether they
intend to amend their motion.
-- Having found that Plaintiffs are unable to meet the
requirements
under Rule 23(b)(2), Rule 23(b)(3) or Rule 23(c)(4), the
Plaintiffs' motion for class certification is denied without
prejudice.
The Plaintiffs are former detainees at BCB who were held at BCB
between 2016 and 2019, each for less than thirty-six hours.
The Plaintiffs allege that while detained at BCB they experienced
"inhumane conditions of confinement'' in violation of their rights
under the Due Process Clause of the Fourteenth Amendment.
Specifically, Plaintiffs allege the following conditions at BCB:
overcrowding; unsanitary toilets; scattered garbage and inadequate
sanitation; vermin infestation; a lade of toiletries and hygienic
items; inadequate nutrition and water; extreme temperatures and
poor ventilation; crime and intimidation; and sleep deprivation.
The Plaintiffs seek to certify a class composed of
"all persons who were detained in BCB from April 8, 2017, to the
date on which the Defendants are ordered to remedy the
unconstitutionally inhumane conditions in BCB, or otherwise
remedy
those conditions."
As an alternative to certification of a Rule 23(b) (3) class,
Plaintiffs seek to certify an "issue class" to determine liability
pursuant to Rule 23(c)(4).
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean
A copy of the Court's order dated Sept. 1, 2023 is available from
PacerMonitor.com at https://bit.ly/3PGOmKr at no extra charge.[CC]
OPENAI LP: Faces Class Suit Over Stolen Private Info
----------------------------------------------------
A.T., J.H., individually, and on behalf of all others similarly
situated, Plaintiffs v. OPENAI LP, OPENAI INCORPORATED, OPENAI GP,
LLC, OPENAI STARTUP FUND I, LP, OPENAI STARTUP FUND GP I, LLC,
OPENAI STARTUP FUND MANAGEMENT LLC, MICROSOFT CORPORATION and DOES
1 through 20, inclusive, Defendants, Case No. 3:23-cv-04557 (N.D.
Cal., Sept. 5, 2023) arises from Defendants' unlawful and harmful
conduct in developing, marketing, and operating their AI products,
including ChatGPT-3.5, ChatGPT-4.0, 4 Dall-E, and Vall-E, which use
stolen private information, including personally identifiable
information, from hundreds of millions of Internet users, including
Plaintiffs and others similarly situated, without their informed
consent or knowledge.
According to the complaint, without the unprecedented theft of
private and copyrighted information belonging to real people,
communicated to unique communities, for specific purposes,
targeting specific audiences, the products would not be the
multi-billion-dollar business they are today. OpenAI used the
stolen data to train and develop the products utilizing large
language models and deep language algorithms to analyze and
generate human-like language that can be used for a wide range of
applications, including chatbots, language translation, text
generation, and more, says the suit.
The Defendants, through the products, unlawfully obtain access to
and intercept this information from the individual users of
applications and devices that have integrated ChatGPT-4 --
including but not limited to user locations and image-related data
obtained through Snapchat, user financial information through
Stripe, musical tastes and preferences through Spotify, user
patterns and private conversation analysis through Slack and
Microsoft Teams, and even private health information obtained
through the management of patient portals such as MyChart, the suit
contends.
OPENAI LP is an AI research and deployment company.[BN]
The Plaintiffs are represented by:
Michael F. Ram, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
711 Van Ness Ave, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
E-mail: mram@forthepeople.com
- and -
John A. Yanchunis, Esq.
Ryan J. McGee, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin St., 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
E-mail: jyanchunis@forthepeople.com
rmcgee@forthepeople.com
PEGASO JANITORIAL: Fails to Pay Wages Under FLSA, Diaz Suit Alleges
-------------------------------------------------------------------
JEMA DIAZ, on behalf of herself and all other persons similarly
situated v. PEGASO JANITORIAL SERVICES LLC and LUIS SUAREZ, Case
No. 2:23-cv-06750 (E.D.N.Y., Sept. 11, 2023) sues the Defendant for
failing to pay wages in violation of the Fair Labor Standards Act
and the New York State Department of Labor Regulations.
The Defendant allegedly failed to pay the Plaintiff at least the
federal minimum wages for hours worked by the Plaintiff during
three weeks of her employment in October 2019, June 2023 and July
2023. The Defendant also failed to pay the Plaintiff on a weekly
basis and instead paid the Plaintiff bi-weekly or semi-monthly
pursuant to its company-wide policy in violation of NYLL, the
lawsuit says.
The Plaintiff brings this action on behalf of herself and all other
persons similarly situated pursuant to Federal Rule of Civil
Procedure 23 to recover statutory damages for failure to timely pay
wages in violation of NYLL section 191. By retaining these wages
earned beyond the timeframes set by NYLL, the Defendant benefitted
from the time value of money and their free use of such funds, at
the expense of the Plaintiff. The Plaintiff seeks injunctive and
declaratory relief, liquidated damages, attorneys' fees and costs
of this action and other appropriate relief pursuant to New York
Labor Law section 198.
The Plaintiff was employed by the Defendants as a custodial worker
in the State of New York from October 2019, to July 5, 2023. The
Plaintiff performed non-exempt duties for the Defendants including
vacuuming, sweeping, emptying trash cans, dusting shelves, and
mopping floors in an apartment complex located in Suffolk County.
Pegaso is in the Janitorial Service, Contract Basis business.[BN]
The Plaintiff is represented by:
Sara V. Messina, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 250
Hauppauge, NY York 11788
Telephone: (631) 257-5588
E-mail: Smessina@RomeroLawNY.com
PROCTER & GAMBLE: Oral Congestant Drugs Ineffective, DePaola Says
-----------------------------------------------------------------
KRISTIN DEPAOLA, individually, and on behalf of all others
similarly situated, v. THE PROCTER & GAMBLE COMPANY and MCNEIL
CONSUMER HEALTHCARE, Case No. 2:23-cv-00727-SPC-KCD (M.D. Fla.,
Sept. 12, 2023) arises from the putative class members' purchase of
alleged ineffective and worthless over-the-counter drugs that were
designed, manufactured, marketed, distributed, packaged, and/or
ultimately sold by P&G and McNeil in the United States that
contained phenylephrine ("PE").
The lawsuit seeks economic damages for those who paid for or made
reimbursements for oral PE as nasal congestant drugs that were
illegally and willfully manufactured and/or introduced into the
market by the Defendants.
The products for P&G include but are not limited to: DayQuil Severe
and NyQuil Severe Cold & Flu. The products for McNeil include but
are not limited to: Tylenol Cold + Flu Severe.
On September 12, 2023, an FDA advisory panel unanimously voted 16-0
that PE is not effective for treating nasal congestion. Thus, it
recommends avoiding unnecessary costs or delays in care by "taking
a drug that has no benefit." Thus, the Defendants' PE drugs are
non-merchantable, not fit for ordinary purpose, and are not
effective for treating the indications identified, and were
misbranded as a result, the lawsuit claims.
Each Defendant's conduct constitutes breach of express and implied
warranties and breach of warranty under the Magnuson Moss Warranty
Act, fraud (affirmative and omission), negligent misrepresentation
or omission, negligence and negligence per se, breach of consumer
protection laws, and unjust enrichment.
The Plaintiff seeks to represent:
National Class: All individuals and entities in the United
States and its territories and possessions who
paid any amount of money for any Defendant's
PE Drugs (intended for personal or household
use).
Florida Subclass: All individuals and entities in Florida who
paid any amount of money for any Defendant's PE
Drugs (intended for personal or household use).
Ms. DePaola is a citizen and resident of Naples, Florida. She
purchased NyQuil Severe Cold & Flu, and Tylenol Cold + Flu Severe
within the applicable limitations periods.
P&G is an American multinational consumer goods corporation.[BN]
The Plaintiff is represented by:
George T. Williamson, Esq.
FARR, FARR, EMERICH, CARR & HOLMES, P.A.
99 Nesbit Street
Punta Gorda, FL 33950
Telephone: (941) 639-1158
E-mail: gwilliamson@farr.com
- and -
Marlene J. Goldenberg, Esq.
NIGH GOLDENBERG RASO & VAUGHN PLLC
14 Ridge Square, Third Floor
Washington, D.C. 20016
Telephone: (202) 978-2228
E-mail: mgoldenberg@nighgoldenberg.com
- and -
Ruben Honik, Esq.
David J. Stanoch, Esq.
HONIK LLC
1515 Market Street, Suite 1100
Philadelphia, PA 19102
Telephone: (267) 435-1300
E-mail: ruben@honiklaw.com
david@honiklaw.com
- and -
Conlee S. Whiteley, Esq.
KANNER & WHITELEY, L.L.C.
701 Camp Street
New Orleans, LA 70130
Telephone: (504) 524-5777
E-mail: c.whiteley@kanner-law.com
PROGRESSIVE LIFE: Fails to Prevent Data Breach, Armstrong Says
--------------------------------------------------------------
MARCIA ARMSTRONG, individually and on behalf of all others
similarly situated, Plaintiff v. PROGRESSIVE LIFE INSURANCE
COMPANY, Defendant, Case No. 1:23-cv-01769 (N.D. Ohio., Sept. 12,
2023) failed to take appropriate steps to protect the Plaintiff's
and Class Members' personal information from being compromised.
According to the complaint, on or around May 18, 2023, Progressive
lost control over its customer's highly sensitive personal
information in a data breach perpetrated by cybercriminals (the
"Data Breach"). The Data Breach exposed the personal information
belonging to what is estimated to be 347,100 customers, including
names, addresses, phone numbers, dates of birth, and email
addresses. That exposure disturbs customers, as they no longer
control their highly sensitive and confidential Personal
Information, cannot stop others from viewing it, cannot prevent
criminals from misusing it, and crucially cannot control where and
to whom that Personal Information is sold and subsequently used,
says the suit.
The Plaintiff is an alleged Data Breach victim having received
Progressive's Data Breach notice. Since Progressive's Data Breach,
Plaintiff has suffered identity theft and fraud, harms that she had
no ability to mitigate due to Progressive's delayed notice.
PROGRESSIVE LIFE INSURANCE COMPANY provides insurance services. The
Company offers auto, boat, commercial auto, motorcycle, homeowners,
segway, health, business, umbrella, life, pet, personal watercraft,
snowmobile, and renters insurance services. [BN]
The Plaintiff is represented by:
Jesse A. Shore, Esq.
MORGAN & MORGAN
300 Madison Ave. Suite 200
Covington, KY 41011
Telephone: (859) 899-8786
Facsimile: (859) 899-8807
- and -
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, Florida 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
Email: jyanchunis@forthepeople.com
ramen@forthepeople.com
PUKALL LUMBER: Fails to Pay Proper Wages, Auestad Alleges
---------------------------------------------------------
ASHLEY AUESTAD, individually and on behalf of all others similarly
situated, Plaintiff v. PUKALL LUMBER COMPANY, INC., Defendant, Case
No. 23-cv-1213 (E.D. WI., Sept. 12, 2023) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Auestad was employed by the Defendants as a sales
assistant.
PUKALL LUMBER COMPANY, INC. offers building supplies, cabinetry
design, log homes, and sleeping cabins services. [BN]
The Plaintiff is represented by:
Scott S. Luzi, Esq.
James A. Walcheske, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, Wisconsin 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-Mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
REVLON INC: Creme of Nature Hair Color Contains Ammonia, Suit Says
------------------------------------------------------------------
JAIME GIVENS, individually and on behalf of all others similarly
situated v. REVLON, INC., a New York corporation; and REVLON
CONSUMERS PRODUCTS, LLC., a New York corporation; and DOES 1 to 10,
inclusive, Case No. 3:23-cv-02034-K (N.D. Tex., Sept. 11, 2023)
challenges Defendants' unlawful and unethical marketing scheme of
their "Creme of Nature (TM) Moisture-Rich Hair Color with Shea
Butter Conditioner" beauty product.
The Defendants prominently market their Product as being "Ammonia
Free." But the Defendants' representations are entirely false: the
Product contains ammonia, which the Plaintiff confirmed through
testing. By marketing a product as being "ammonia free" when it in
fact contains ammonia, the Defendants are putting consumers like
the Plaintiff at risk by exposing them to allergens, the lawsuit
claims.
Ammonia has long been a common ingredient in hair products, but its
harsh effects on hair and health have since become a cause for
concern. It can strip away the natural oils and proteins from the
hair, causing dryness, frizziness, and a lackluster appearance.
Accordingly, as awareness of ammonia's potential harm spreads,
there is a growing preference for ammonia-free alternatives in hair
products.
On July 1, 2023, the Plaintiff purchased a box of the Defendants'
"Creme of Nature (TM) Moisture-Rich Hair Color with Shea Butter
Conditioner" in the shade Lightest Blonde C43 from a Beauty Supply
4U in Lewisville, Texas for $3.99. The Product the Plaintiff
purchased is also denoted as "Ammonia Free" and "NO Ammonia" on the
Defendants' website.
On July 1, 2023, the Plaintiff proceeded to use the Product to
color her hair and noticed a strong chemical smell. After the use
of the Product, the Plaintiff allegedly experienced an allergic
reaction and suffered from swollen lymph nodes in her arm and neck
area and chemical burns on her scalp.
The Plaintiff is an individual residing in Lewisville, Texas.
Revlon is an American multinational company dealing in cosmetics,
skin care, perfume, and personal care.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Camrie Ventry, Esq.
TAULER SMITH LLP
100 Crescent Court., 7th Floor
Dallas, TX 75201
Telephone: (512) 456-8760
E-mail: rtauler@taulersmith.com
cventry@taulersmith.com
- and -
Kevin J. Cole, Esq.
KJC LAW GROUP, A.P.C.
9701 Wilshire Blvd., Suite 1000
Beverly Hills, CA 90212
Telephone: (310) 861-7797
E-mail: kevin@kjclawgroup.com
SAS RETAIL: Gomez Seeks to Recover Merchandisers' Minimum, OT Wages
-------------------------------------------------------------------
DAVID GOMEZ, individually, and on behalf of all other aggrieved
employees v. SAS RETAIL SERVICES, LLC, a Delaware Limited Liability
Company, and DOES 1-20, inclusive, Case No. 23STCV21786 (Cal.
Super., Sept. 11, 2023) sues the Defendants for failing to pay
minimum and overtime wages, in violation of the California Labor
Code.
The Plaintiff asserts that the Defendants directed the Plaintiff
and Aggrieved Employees to record a daily meal period of 30
minutes, off the clock, even though the Plaintiff and Aggrieved
Employees were required to continue working or were interrupted
during their meal breaks. The Defendants' unlawful off-the-clock
policy over time resulted in a large and disproportionate
underpayment of wages including overtime wages to the Plaintiff and
Aggrieved Employees. The Defendants also failed to accurately pay
minimum wage and overtime pay owed to the Plaintiff and Aggrieved
Employees by failing to compensate them for 15 to 20 minutes travel
time to their first location and 15 to 20 minutes travel time at
the end of the day, the Plaintiff claims.
Additionally, the Defendants failed to reimburse and/or indemnify
the Plaintiff and Aggrieved Employees for all necessary
expenditures incurred including use of personal cell phones to
discharge their work-related duties and unlawfully deducting costs,
including costs of insurance from the Plaintiff and Aggrieved
Employees, says the Plaintiff.
The Plaintiff was employed as a merchandiser in Los Angeles and
throughout California. His duties as a merchandiser included
travelling to different grocery stores, placing merchandise in
stores, and setting up displays.
Sas provides retail merchandising services throughout the United
States, including in Los Angeles, Los Angeles County.[BN]
The Plaintiff is represented by:
Ronald W. Makarem, Esq.
Samuel Almon, Esq.
Daniel J. Bass, Esq.
MAKAREM & ASSOCIATES, APLC
11601 Wilshire Blvd, Suite 2440
Los Angeles, CA 90025
Telephone: (310) 312-0299
Facsimile: (310) 312-0296
SCULPTOR CAPITAL: Breaches Fiduciary Duties, Beauchemin Suit Says
-----------------------------------------------------------------
GILLES BEAUCHEMIN, directly on behalf of himself and all other
similarly situated stockholders of Sculptor Capital Management Inc.
v. MARCY ENGEL, BHARATH SRIKRISHNAN, CHARMEL MAYNARD, DAVID
BONANNO, JAMES LEVIN, WAYNE COHEN and SCULPTOR CAPITAL MANAGEMENT,
INC., Case No. 2023-0921 (Del. Ch., Sept. 11, 2023) is a verified
class action complaint against the Sculptor board of directors for
breach of fiduciary duties.
According to the complaint, the Board and the Special Committee are
breaching their fiduciary duties by blocking a superior proposal
for the Company that values the Company's Class A Common Stock at
approximately 15% more than the transaction with Rithm and not
releasing the Consortium from their standstill obligations to
present the competing bid to the market and/or stockholders. To
some degree, the Board appears to recognize the problem. It
belatedly released the competing bidders from the standstill
obligations, but only in a limited way. On August 21, 2023, a
consortium of bidders, led by Bidder J whose prior involvement in
the bidding process included offering bids higher than Rithm's,
submitted a bid of $12.76 per share of Company Class A Common Stock
to the Board, says the suit.
On August 30, 2023, the Board disclosed its receipt of the $12.76
bid and its purported reasons for rejecting the higher bid. These
reasons include the Board's purported view of risks around
obtaining client consents, debt financing and incentives to close
the transaction due to damages caps in the event of breach. The
Board's purported reasons for rejecting the Consortium's Bidder
J-led bid led have evolved in comparison to the Board's stated
reasons for rejecting Bidder J's earlier bids. The evolution
reflects that Bidder J has been responding to the Board's feedback
to make its bid more attractive, but the Board has moved the
goalposts and continues to reject the higher bid despite Bidder J's
improvements, the lawsuit claims.
Meanwhile, the Board has not released Bidder J or the Consortium
from the standstill restrictions that prevent Bidder J from
publicly responding to the Board's characterization of its bid and
communicating directly with stockholders or directly presenting a
competing bid. To comply with its fiduciary duties, the Board must
allow free competition for the highest cash price for the Company's
stockholders. The stockholders' need for compliance is acute and
exigent while a bid almost 15% higher is on the table. Accordingly,
Plaintiff seeks expedited relief and an injunction preventing the
Board from continuing to enforce improper standstill restrictions
against the Consortium, Bidder J and any other potential bidders
for the Company.
The Plaintiff is a current Sculptor stockholder and has
continuously held shares of Sculptor common stock.
Sculptor is a global alternative asset manager and investment
specialist.[BN]
The Plaintiff is represented by:
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Boulevard, Suite 100
Newtown Square, PA 19073
Telephone: (484) 258-1585
- and -
Joseph L. Christensen, Esq.
Meghan D. Dougherty, Esq.
Michael D. Bell, Esq.
CHRISTENSEN & DOUGHERTY LLP
1000 N. West Street, Suite 1200
Wilmington, DE 19801
Telephone: (302) 212-4330
SMILEDIRECTCLUB INC: Consolidated Securities Suit Ongoing
---------------------------------------------------------
Smiledirectclub, 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 a purported stockholder class
action complaint against the company, members of its board of
directors, certain of its current or former officers, and the
underwriters of its IPO, is ongoing.
Case captioned "Vang v. SmileDirectClub, Inc.," Case No. 19-c-2316
(September 30, 2019, Tenn. Cir.). The complaint alleges, among
other things, that the registration statement filed with the SEC on
August 16, 2019, and accompanying amendments, and the prospectus
filed with the SEC on September 13, 2019, in connection with the
company's initial public offering were inaccurate and misleading,
contained untrue statements of material facts, omitted to state
other facts necessary to make the statements made not misleading,
and omitted to state material facts required to be stated therein.
The complaints seek unspecified money damages, other equitable
relief, and attorneys' fees and costs. All the actions are in the
discovery stage.
In December 2019, the Vang action was consolidated and re-captioned
"In re SmileDirectClub, Inc. Securities Litigation," Case No.
19-1169-IV (Davidson County, TN Chancery Court). Plaintiffs filed a
consolidated amended complaint on December 20, 2019, and defendants
moved to stay or dismiss the action on February 10, 2020. On June
4, 2020, the court denied that motion. defendants subsequently
moved for permission to seek an interlocutory appeal of that
decision. On June 22, 2020, the court granted that motion. On
August 3, 2020, Defendants filed an application for interlocutory
appeal with the court of appeals, which was denied. On September
21, 2020, Defendants filed an application for interlocutory appeal
with the Tennessee Supreme Court, which was denied.
On October 2, 2020, plaintiffs moved for class certification, which
defendants opposed on January 25, 2021. On April 28, 2021, the
court ruled in favor of the Plaintiffs class certification. The
company filed its notice of appeal on May 4, 2021. That appeal was
fully briefed as of October 6, 2021. All trial court proceedings
are stayed during the pendency of the appeal. On March 18, 2022,
the Tennessee Court of Appeals dismissed the plaintiff's Section
12(a)(2) claims but affirmed the grant of certification.
SmileDirectClub is an oral care company and creator of the first
MedTech platform for teeth straightening. It is headquartered in
Nashville, Tennessee and operates in the U.S., Costa Rica, Puerto
Rico, Canada, Australia, United Kingdom and Ireland.
SMILEDIRECTCLUB INC: Consolidated Securities Suit Ongoing
---------------------------------------------------------
Smiledirectclub, 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 a purported stockholder class
action complaint against the company, members of its board of
directors, certain of its current or former officers, and the
underwriters of its IPO, is ongoing.
Case captioned "Andre v. SmileDirectClub, Inc.," Case No.
19-cv-12883 (October 2, 2019, E.D. Mich.), alleging, among other
things, that the registration statement filed with the SEC on
August 16, 2019, and accompanying amendments, and the prospectus
filed with the SEC on September 13, 2019, in connection with the
company's initial public offering were inaccurate and misleading,
contained untrue statements of material facts, omitted to state
other facts necessary to make the statements made not misleading,
and omitted to state material facts required to be stated therein.
The complaints seek unspecified money damages, other equitable
relief, and attorneys' fees and costs.
The Andre action was transferred to the U.S. District Court for the
Middle District of Tennessee, where they were consolidated.
Plaintiffs filed a consolidated amended complaint on February 21,
2020, and defendants moved to dismiss the action on March 23, 2020.
That motion remains pending. While that motion was pending, the
parties stipulated to allow plaintiffs to file a further amended
complaint, which plaintiffs filed on March 31, 2021. Defendants'
motion to dismiss the new complaint was due on or before May 14,
2021. That motion was fully briefed as of July 19, 2021.
On September 30, 2022, the court denied in part and granted in part
defendants' motion to dismiss. Defendants filed an answer to the
second amended complaint on November 14, 2022. The court held an
initial case management conference on December 2, 2022. The case is
currently in discovery and the deadline for completion of fact
discovery is being extended to September 30, 2023.
SmileDirectClub is an oral care company and creator of the first
MedTech platform for teeth straightening. It is headquartered in
Nashville, Tennessee and operates in the U.S., Costa Rica, Puerto
Rico, Canada, Australia, United Kingdom and Ireland.
SMILEDIRECTCLUB INC: Consolidated Securities Suit Ongoing
---------------------------------------------------------
Smiledirectclub, 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 a purported stockholder class
action complaint against the company, members of its board of
directors, certain of its current or former officers, and the
underwriters of its IPO, is ongoing.
Case captioned "Ginsberg v. SmileDirectClub, Inc.," Case No.
19-cv-09794 (October 23, 2019, S.D.N.Y.) alleged, among other
things, that the registration statement filed with the SEC on
August 16, 2019, and accompanying amendments, and the prospectus
filed with the SEC on September 13, 2019, in connection with the
company's initial public offering were inaccurate and misleading,
contained untrue statements of material facts, omitted to state
other facts necessary to make the statements made not misleading,
and omitted to state material facts required to be stated therein.
The complaints seek unspecified money damages, other equitable
relief, and attorneys’ fees and costs.
The Ginsberg action was transferred to the U.S. District Court for
the Middle District of Tennessee, where they were consolidated.
Plaintiffs filed a consolidated amended complaint on February 21,
2020, and defendants moved to dismiss the action on March 23, 2020.
That motion remains pending. While that motion was pending, the
parties stipulated to allow plaintiffs to file a further amended
complaint, which plaintiffs filed on March 31, 2021. Defendants'
motion to dismiss the new complaint was due on or before May 14,
2021. That motion was fully briefed as of July 19, 2021.
On September 30, 2022, the court denied in part and granted in part
defendants' motion to dismiss. Defendants filed an answer to the
second amended complaint on November 14, 2022. The court held an
initial case management conference on December 2, 2022. The case is
currently in discovery and the deadline for completion of fact
discovery is being extended to September 30, 2023.
SmileDirectClub is an oral care company and creator of the first
MedTech platform for teeth straightening. It is headquartered in
Nashville, Tennessee and operates in the U.S., Costa Rica, Puerto
Rico, Canada, Australia, United Kingdom and Ireland.
STEVEN ALAN HOLDINGS: Zelvin Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Steven Alan Holdings,
LLC. The case is styled as Lynn Zelvin, on behalf of himself and
all others similarly situated v. Steven Alan Holdings, LLC, Case
No. 1:23-cv-08025 (S.D.N.Y., Sept. 11, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Steven Alan Holdings, LLC -- https://stevenalan.com/ -- is an
online retail store for fashion products.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
TELKA LLC: Wangala Seeks Drive Test Engineers' Unpaid Overtime
--------------------------------------------------------------
MATA WANGALA, individually and on behalf of all others similarly
situated, Plaintiff v. TELKA, LLC, AGYLE NETWORKS, LLC, and RAJIV
PAREKH, Defendants, Case No. 4:23-cv-00819 (E.D. Tex., September
14, 2023) is a class action against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standards Act and
the Portal-to-Portal Act.
The Plaintiff has been employed by the Defendants as a drive test
engineer since October 14, 2019.
Telka, LLC is a technology company based in Plano, Texas.
Agyle Networks, LLC is a technology company based in Plano, Texas.
[BN]
The Plaintiff is represented by:
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
400 North Saint Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
Facsimile: (469) 399-1070
E-mail: marbuckle@wageandhourfirm.com
rprieto@wageandhourfirm.com
TESLA INC: Pai Sues Over Failure to Protect Personal Info
---------------------------------------------------------
BENSON PAI, an individual, on behalf of himself and all others
similarly situated, Plaintiff v. TESLA, INC. d/b/a TESLA MOTORS,
INC., a Delaware Corporation, Defendant, Case No. 4:23-cv-04550
(N.D. Cal., Sept. 5, 2023) is a class action against the Defendant
for (1) negligence; (2) invasion of privacy; (3) breach of implied
contract; (4) breach of fiduciary duty; (5) breach of confidence;
(6) violation of the California Unfair Competition Law; (7)
violation of the California Customer Records Act; and (8) violation
of the California Consumer Privacy Act.
The Plaintiff brings this class action because of Defendant's
failure to properly secure and safeguard Plaintiff's and other
similarly situated Tesla current and former employees' personal
information. As a result of Defendant's inadequate data security
and inadequate or negligent training of its employees, on May 10,
2023, a foreign media outlet, Handelsblatt, informed Telsa that it
had obtained Tesla confidential information. The data breach was a
direct result of Defendant's failure to implement adequate and
reasonable cybersecurity procedures and protocols necessary to
protect its employees' sensitive information, says the suit.
The Plaintiff was formerly employed by Tesla in California as a
production associate.
Tesla, Inc. is a multinational automotive and clean energy company
which among other things, designs, manufactures and sells electric
vehicles.[BN]
The Plaintiff is represented by:
Joshua B. Swigart, Esq.
SWIGART LAW GROUP, APC
2221 Camino Del Rio S., Suite 308
San Diego, CA 92108
Telephone: (866) 219-3343
Facsimile: (866) 219-8344
E-mail: josh@swigartlawgroup.com
- and -
Ben Travis, Esq.
BEN TRAVIS LAW, APC
4660 La Jolla Village Drive, Suite 100
San Diego, CA 92122
Telephone: (619) 353-7966
E-mail: ben@bentravislaw.com
UNITED STATES: Erdmann-Browning Sues Over Anti-Hunger Program
-------------------------------------------------------------
ANIKA OKJE ERDMANN-BROWNING and JACQUELINE BENITEZ, individually
and on behalf of all others similarly situated v. THOMAS J.
VILSACK, Secretary, United States Department of Agriculture in his
official capacity; SHALANDA YOUNG, Director of the United States
Office of Management and Budget, in her official capacity, Case No.
3:23-cv-04678 (N.D. Cal., Sept. 12, 2023) is a lawsuit on behalf of
the Plaintiffs and a proposed class of over 40 million recipients
of federal food benefits to stop the Defendants from cutting off or
otherwise interfering with the timely issuance of benefits under
the federal government's Supplemental Nutrition Assistance Program
("SNAP") beginning on October 1, 2023.
Formerly known as the Food Stamp Program, SNAP is the nation's most
important and effective anti-hunger program. The Plaintiffs and
proposed Class members have been or will be certified to receive
SNAP benefits in October 2023 and thereafter. These individuals and
their families, the majority of whom live below the federal poverty
level, rely on SNAP benefits to meet their basic subsistence and
nutritional needs.
As of this date, Congress has failed to pass the agriculture
appropriations bill for Federal Fiscal Year 2024, which begins on
October 1, 2023.
In the absence of a new annual agriculture appropriations bill or a
continuing resolution, the Defendants Thomas J. Vilsack, and
Shalanda Young have allegedly failed to take the necessary steps to
ensure that SNAP benefits will be issued in October and subsequent
months.
Defendant Vilsack is violating the Food and Nutrition Act of 2008,
which requires United States Department of Agriculture to ensure
that the states timely issue each month's benefits for ongoing SNAP
households. The Defendant also will cause USDA to violate its own
obligations under 7 U.S.C. Sections 2011, 2014(a) authorizing the
SNAP program to permit all eligible households who apply to
participate to obtain a more nutritious diet, the Plaintiffs
assert.
Unless Defendants Vilsack and Young make clear that states should
proceed with the normal issuance process for October SNAP benefits,
regardless of whether Congress enacts annual appropriations bills
or a continuing resolution, Plaintiffs and the proposed Class will
be denied SNAP benefits needed to purchase food as early as October
1, 2023. Even if a continuing resolution is adopted for a few weeks
or months, the threat of a shutdown continues. Unless the USDA
makes clear to the states that SNAP benefits shall issue, even
absent a Congressional appropriation, the harm to Plaintiffs and
the proposed Class will continue. If not enjoined, the Defendants'
actions interfering with and failing to carry out their
non-discretionary responsibilities to ensure the timely issuance of
SNAP benefits will cause irreparable harm to the named Plaintiffs
and the proposed Class by depriving them of the financial means to
buy food for subsistence, the suit further alleges.
The Named Plaintiffs and the members of the proposed Class are
among the neediest and most vulnerable people in the United States.
They should not go hungry because Congress cannot agree on a
federal budget when the Food and Nutrition Act contemplates the
regular distribution of SNAP benefits regardless of whether annual
appropriations bills have been enacted.
Plaintiff Anika Okje Erdmann-Browning is 46 years old. She and her
husband are eligible for and receive CalFresh benefits as SNAP
benefits are known in California.
U.S. Department of Agriculture is responsible for overseeing
farming, ranching, and forestry industries, as well as regulating
aspects of food quality and safety and nutrition.[BN]
The Plaintiffs are represented by:
Jodie Berger, Esq.
Richard Rothschild, Esq.
Robert Newman, Esq.
Antionette Dozier, Esq.
WESTERN CENTER ON LAW & POVERTY
3701 Wilshire Blvd., Suite 208
Los Angeles, CA 90010
Telephone: (213) 235-2617
Facsimile: (213) 487-0242
E-mail: jberger@wclp.org
rrothschild@wclp.org
rnewman@wclp.org
adozier@wclp.org
- and -
Lindsay Nako, Esq.
Fawn Rajbhandari-Korr, Esq.
Meredith Dixon, Esq.
IMPACT FUND
2080 Addison St., Suite 5
Berkeley, CA 94704
Telephone: (510) 845-3473
Facsimile: (510) 845-3654
E-mail: lnako@impactfund.org
fkorr@impactfund.org
mdixon@impactfund.org
VISITING NURSE: Moore Sues Over Earned PTO Subtractions
-------------------------------------------------------
SHERVON MOORE and LINDSAY PAYNE, on behalf of themselves and others
similarly situated, Plaintiffs v. VISITING NURSE ASSOCIATION OF
GREATER PHILADELPHIA, Defendant, Case No. 230900331 (Pa. Com. Pl.,
Philadelphia Cty., Sept. 5, 2023) arises from the Defendant's
general practice of unilaterally subtracting from the earned paid
time off of salaried employees who are available for work and
neither need nor seek to use earned PTO in violation of the
Pennsylvania Wage Payment and Collection Law.
During many pay periods, the Defendant unilaterally makes
subtractions from salaried employees' earned PTO even though the
salaried employees were available for work. For example, for the
pay period beginning January 24, 2021 and ending February 6, 2021,
Defendant unilaterally subtracted 3.25 vacation hours from
Plaintiff Moore's earned PTO even though Moore was available for
work and never sought to use earned PTO. Likewise, for the pay
period beginning September 29, 2022 and ending October 12, 2022,
Defendant unilaterally subtracted 2.02 vacation hours from
Plaintiff Payne's earned PTO even though Payne was available for
work and never sought to use earned PTO, says the suit.
Plaintiffs Moore and Payne were employed by the Defendants as
registered nurses since September 9, 2020 and since May 13, 2020,
respectively.
Visiting Nurse Association of Greater Philadelphia is a nonprofit
home health, palliative and hospice provider in the Philadelphia,
Pennsylvania region.[BN]
The Plaintiffs are represented by:
Peter Winebrake, Esq.
Deirdre Aaron, Esq.
Michelle Tolodziecki, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: pwinebrake@winebrakelaw.com
daaron@winebrakelaw.com
mtolodziecki@winebrakelaw.com
WALMART INC: Fields Sues Over "Mixed Fruit in 100% Juice" False Ads
-------------------------------------------------------------------
DENA FIELDS, individually and on behalf of all others similarly
situated v. WALMART INC., Case No. 8:23-cv-02057-TPB-JSS (M.D.
Fla., Sept. 12, 2023) alleges that the Defendant made material
misrepresentations and omissions, that its "Mixed Fruit in 100%
juice" under the Great Value brand only contained mixed fruit and
100% juice even though it had more added water than any individual
juice and the additives of natural flavor and the chemical
ingredient of ascorbic acid.
According to the complaint, by using water and natural flavor,
consumers get significantly less of the 100% juice prominently
displayed on the label. The predominant ingredient by weight after
peaches is not 100% fruit juice, but water. These
laboratory-created ingredients are what consumers seeing "100%
juice" are trying to avoid. While "natural flavor" is defined as
the essential oils or extractives obtained from fruit juice, it is
not fruit juice. Accordingly, the packaging contains pictures of
whole and cut pears, pineapples and peaches on a straw mat with a
visible cup full of fruit pieces in what appears to be only juice,
the Plaintiff claims.
As a result of the false and misleading representations, the
Product is sold at a premium price, approximately no less than no
less than approximately $1.88 for four 4 oz cups, excluding tax and
sales, higher than similar products, represented in a
non-misleading way, and higher than it would be sold for absent the
misleading representations and omission.
The Plaintiff seeks to recover for economic injury and/or loss she
sustained based on the misleading labeling and packaging of the
Product, a deceptive practice under this State's consumer
protection laws, by paying more for it than she otherwise would
have.
The Plaintiff purchased the Product between August 2019 and the
present, at Walmart locations in Hillsborough County, and/or other
areas.
Walmart is an American multinational retail corporation that
operates a chain of over 5,000 supercenters throughout the nation,
with almost four hundred in Florida, selling everything from
furniture to electronics to groceries.[BN]
The Plaintiff is represented by:
William Wright, Esq.
THE WRIGHT LAW OFFICE, P.A.
515 N Flagler Dr Ste P300
West Palm Beach FL 33401
Telephone: (561) 514-0904
E-mail: willwright@wrightlawoffice.com
- and -
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
*********
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