/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/231006.mbx C L A S S A C T I O N R E P O R T E R Friday, October 6, 2023, Vol. 25, No. 201 Headlines 3 DAY BLINDS: Dawson Files ADA Suit in S.D. New York AMERICAN RECOVERY: Faces Rivero Suit Over False Itemization Date ANNIE'S BLUE: Martinez Files ADA Suit in E.D. New York ARISTOCRAT PLASTIC: Martinez Files ADA Suit in E.D. New York BAKERYQUEENS LLC: Martin Files ADA Suit in E.D. New York BANK OF AMERICA: Nguyen Sues Over Unpaid Compensation BEDON CONSTRUCTION: Bangley Files Suit in Cal. Super. Ct. BEST PIZZA: Clement Files ADA Suit in E.D. New York BETTER EARTH: Quesada Sues Over Delay in Solar System Installation BIENVILLE ORTHOPAEDIC: Rose Files Suit in S.D. Mississippi BIG FISH: Campos Loses Class Certification Bid BIG PICTURE: Court Tosses as Moot Bid for Class Certification BIO INNOVATIONS: Wahab Files ADA Suit in S.D. New York BIOMARIN PHARMACEUTICAL: Settlement in Class Suit Initially OK'd BRADFORD EXCHANGE: Ruiz Suit Removed to S.D. California BRADLEY UNIVERSITY: Seeks to Strike Certain Class Cert Exhibits BRIAN GOOTKIN: Nichols Suit Seeks to Certify Class of Inmates CARDINAL HEALTH: Court Certifies Settlement Class in LSPRF Suit CAREFIRST INC: Bid for Summary Judgment in Attias Partly OK'd CERTAINTEED LLC: Filing for Class Cert Bid Due Nov. 4, 2024 DALE'S CLOTHING: DiMeglio Files ADA Suit in S.D. New York DAN AND JOHNS: Martin Files ADA Suit in E.D. New York DISCOVER FINANCIAL: Lemmos Suit Transferred to N.D. Illinois DRILLING TOOLS: O'Connor Sues Over Failure to Pay Overtime Wages DYCK O'NEAL INC: Seeks More Time to File Class Cert Response ESSENTIAL UTILITIES: Faces Suit Over Water Contamination EXPERIAN INFO: Initial Case Management Conference Order Entered FLORIDA INSTITUTE: Male Students Get Class Status in Navarro Suit GENERAL MOTORS: Wins Summary Judgment vs Hurry GENUINE PARTS: Martin Files ADA Suit in E.D. New York GILEAD SCIENCES: Plaintiffs Must File Class Cert. Bid by Nov. 10 GOBRANDS INC: Perez Sues Over Drivers' Unreimbursed Expenses GOLDEN PRODUCE: Pareja Sues Over Unpaid Minimum, OT Wages GRAND CANYON UNIVERSITY: Plaintiffs Lose Class Certification Bid GREAT AMERICAN: Lee Must File Class Cert Bid by Oct. 13 GRIMMWAY ENTERPRISES: Filing for Class Cert Bid Due Feb. 6, 2024 H & S FASHIONS: Martinez Files ADA Suit in E.D. New York HALEON PLC: Rourk Sues Over False Ad for Sinus Congestion Drugs HECKMAN FINANCIAL: Class Certification Bid Filing Due May 3, 2024 HENRY NORMAN: Martin Files ADA Suit in E.D. New York HESTIANYC CORP: Martinez Files ADA Suit in E.D. New York HI-HEALTH-RX: DiMeglio Files ADA Suit in S.D. New York HONEYWELL INT'L: Filing for Class Cert Bid Due March 25, 2024 HP INC: Seeks More Time to Depose Class Certification Experts HPG PIZZA I: Mighell Files FLSA Suit in D. Colorado HSBC BANK: Court Tosses Cheng Bid for Class Certification ILLINOIS FARMERS: Bid to Exclude Expert Testimony Tossed INSURANCE SUPERMARKET: Simmons TCPA Suit Transferred to N.D. Cal. INTERNATIONAL EDUCATION: Faces Ortiz Suit Over Collection Letter INTERNATIONAL FLAVORS: Fails to Pay Employees' OT Wages Under FLSA J. HALE INC: DiMeglio Files ADA Suit in S.D. New York LEGENDS MAINGATE: Clement Files ADA Suit in E.D. New York LINCARE HOLDINGS: Filing of Class Cert Bid Due April 5, 2024 LOREN D. STARK: Vivas Files Suit in S.D. Texas LOUISIANA CHILDREN'S: Nigro Sues to Recover Unpaid Wages MDL 3080: 5 Suits Transferred to District of New Jersey MDL 3081: 10 Suits Consolidated in Bard Catheter Product Dispute MGM RESORTS: Albrigo Files Suit in S.D. California MIELE228FLATBUSH LLC: Martin Files ADA Suit in E.D. New York MILLENNIA TAX: McCoy Files TCPA Suit in E.D. Arkansas ND OTM: Court Narrows Claims in Demons Suit NEW YORK, NY: Fennell Seeks Oct. 13 Extension to File Class Cert NEW YORK, NY: Kelly Seeks Oct. 13 Extension to File Class Cert Bid NOPALERA INC: Miller Files ADA Suit in W.D. New York NUTRITIONAL SPORT: Mercedes Files ADA Suit in S.D. New York OPTIMAL HEALTH: DiMeglio Files ADA Suit in S.D. New York PARAMOUNT GLOBAL: To Settle Shareholder Suit Over Merger Deal PEOPLES BANK: Fails to Secure Customers' Personal Info, Suit Says RECKITT BENCKISER: Riccio Sues Over False Nasal Decongestant Ad RETROFITNESS LLC: Thiessen Sues Over Prerecorded Voice Messages RGH ENTERPRISES: Faces Corona Wage-and-Hour Suit in Calif. RIVERSTONE COMMUNITIES: Rodriguez Seeks Initial OK of Settlement ROM LLC: FLSA Conditional Certification Bid Due Jan. 10, 2024 RUST-OLEUM CORPORATION: Class Cert Hearing in Bush Reset to Nov. 9 S.C. JOHNSON: Filing for Class Cert Bid Due March 17, 2025 SIMPLE CUTS: Ribera Sues Over Landscape Laborers' Unpaid OT SMART TALK: Faces Roepsch Suit Over Unsolicited Text Messages SPARK ENERGY: Brenner Suit Asserts TCPA Breach STATE BAR OF GEORGIA: Court Stays Discovery in Mignott Suit SUPERSTORE LLC: Class Settlement in Corral Suit Gets Initial Nod SYNEOS HEALTH: Reiburn Sues Over Sales Representatives' Unpaid OT TRANSWORLD SYSTEMS: Faces Rivero Suit Over False Itemization Date UBER TECHNOLOGIES: Eller Sues Over Unsolicited Text Messages ULTA SALON: Faces Badlu Suit Over Failure to Pay Timely Wages VINEYARD VINES: Illegally Charges Tax Monies, Santana Alleges W. W. NORTON: General Pretrial Management Order Entered in Dimeglio Asbestos Litigation ASBESTOS UPDATE: Court Tosses $223.8MM J&J Talc Cancer Verdict ********* 3 DAY BLINDS: Dawson Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against 3 Day Blinds, LLC. The case is styled as Lashawn Dawson, on behalf of himself and all others similarly situated v. 3 Day Blinds, LLC, Case No. 1:23-cv-08548 (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. 3 Day Blinds -- https://www.3dayblinds.com/ -- is the leading manufacturer and retailer of custom window coverings in the United States.[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 AMERICAN RECOVERY: Faces Rivero Suit Over False Itemization Date ---------------------------------------------------------------- NATALIE RIVERO, individually and on behalf of all those similarly situated V. AMERICAN RECOVERY SERVICE INCORPORATED OF CALIFORNIA D/B/A AMERICAN RECOVERY SERVICE INCORPORATED, Case No. CACE-23-018824 (Fla. Cir., Sept. 26, 2023) is a punitive class action arising from Defendant's violations of the Fair Debt Collection Practices Act. On May 8, 2023, the Defendant sent a collection letter to the Plaintiff in an attempt to collect the Consumer Debt. The Defendant identifies April 29,2023, as the itemization date of the Consumer Debt in the Collection Letter. The Represented Itemization Date falsely represents the amount of the Consumer Debt because the Represented Itemization Date is not an itemization date permitted by C.F.R. section 1006.34(b)(3), the Plaintiff asserts. The use of the Represented Itemization Date wrongfully causes the least Sophisticated consumer to falsely believe that the Represented Itemization Date is the Last Statement Date, the Charge Off Date, the Last Payment Date, the Transaction Date, or the Judgment Date. The Plaintiff seeks to represent the below-defined "Itemization Date Class." The "Itemization Date Class" consists of: [l] all persons with Florida addresses [2] that were sent a letter [3] from and/or by Defendant, or someone on Defendant's behalf [4] in an attempt to collect a debt [5] during the twelve [12] months preceding the filing of this Class Action Complaint [6] whereby said letter is required to provide an "itemization date" required by C.F.R. section 1006.34(b)(3)[7] and the "itemization date" provided is not Last Statement Date, the Charge Off Date, the Last Payment Date, the Transaction Date, or the Judgment Date associated with the underlying debt. The Defendant and its employees or agents are excluded from the Itemization Date Class. The Plaintiff is a citizen of the State of Florida, residing in Broward County, Florida. The Defendant is a business entity engaged in the business of soliciting consumer debts for collection.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Gerald D. Lane, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com jen@jibraellaw.com gerald@jibraellaw.com ANNIE'S BLUE: Martinez Files ADA Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Annie's Blue Ribbon General Store, LLC. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. Annie's Blue Ribbon General Store, LLC, Case No. 1:23-cv-08251 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Annie's Blue Ribbon General Store -- https://blueribbongeneralstore.com/ -- is a Modern gift shop showcasing quirky knickknacks, toys, pet items, housewares & decor.[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 ARISTOCRAT PLASTIC: Martinez Files ADA Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Aristocrat Plastic Surgery, P.C. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. Aristocrat Plastic Surgery, P.C., Case No. 1:23-cv-07260 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Aristocrat Plastic Surgery, P.C. -- https://www.aristocratps.com/ -- offer the most advanced techniques in plastic surgery on our premises created with an eye for beauty.[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 BAKERYQUEENS LLC: Martin Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against BakeryQueens, LLC. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. BakeryQueens, LLC, Case No. 1:23-cv-07245 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. BakeryQueens, LLC does business as a bakery shop.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com BANK OF AMERICA: Nguyen Sues Over Unpaid Compensation ------------------------------------------------------ Elle Nguyen, individually and on behalf of all others similarly situated v. BANK OF AMERICA, N.A., Case No. 5:23-cv-04999 (N.D. Cal., Sept. 28, 2023), is brought seeking recovery of unpaid compensation owed to workers who left the employ of Bank of America--specifically, the vacation time they accrued during their tenure. Bank of America promises its workers that, as part of their compensation package, they will earn paid time off, including a set number of vacation days, which are accrued on a pay period basis. It further promises that "upon termination of employment, including retirement, you will receive payment at the final rate of pay for any accrued but unused vacation time." But for workers who resigned or were discharged, this promise went unfulfilled. Instead, Bank of America maintained a practice of failing to pay out unused vacation time when a worker was separated from employment. Upon information and belief, this practice has cost workers millions of dollars per year. As a result of this practice, workers were short-changed the compensation they earned, and, by law, were owed. Plaintiff brings this suit on behalf of herself and all other Bank of America employees who were not paid for accrued vacation time when they separated from the company, seeking to recover the compensation and penalties they are owed under the law, says the complaint. The Plaintiff worked for Bank of America as a lending officer from February 2017 to May 2020. Bank of America, N.A. is a national association having its principal place of business in North Carolina.[BN] The Plaintiff is represented by: Jason S. Hartley, Esq. Jason M. Lindner, Esq. HARTLEY LLP 101 West Broadway, Suite 820 San Diego, CA 92101 Phone: 619-400-5822 Email: hartley@hartleyllp.com lindner@hartleyllp.com - and - George A. Hanson, Esq. Alexander T. Ricke, Esq. Caleb J. Wagner, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Phone: (816) 714-7100 Facsimile: (816) 714-7101 Email: hanson@stuevesiegel.com ricke@stuevesiegel.com wagner@stuevesiegel.com BEDON CONSTRUCTION: Bangley Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against Bedon Construction, Inc. The case is styled as David Bangley, on behalf of other members of the general public similarly situated v. Bedon Construction, Inc., Case No. BCV-23-103251 (Cal. Super. Ct., Kern Cty., Sept. 28, 2023). The case type is stated as "Other Employment - Civil Unlimited." Bedon Construction, Inc. operates as a building sub contractor. The Company offers storm drain, erosion control, and pipe construction services.[BN] The Plaintiff is represented by: Douglas Han, Esq. JUSTICE LAW CORPORATION 751 N Fair Oaks Ave, Ste. 101 Pasadena, CA 91103 Phone: (818) 230-7502 Fax: (818) 230-7259 Email: dhan@justicelawcorp.com BEST PIZZA: Clement Files ADA Suit in E.D. New York --------------------------------------------------- A class action lawsuit has been filed against Best Pizza, Inc. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. Best Pizza, Inc., Case No. 1:23-cv-07233 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Best Pizza is a wood-fired pizza spot that serves classic New York City slices in Williamsburg, Brooklyn.[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 BETTER EARTH: Quesada Sues Over Delay in Solar System Installation ------------------------------------------------------------------- MERCEDES QUESADA, individually and behalf of all others similarly situated, Plaintiff v. BETTER EARTH, INC., and BETTER EARTH ELECTRIC FL, LLC, Defendants, Case No. 6:23-cv-01809 (M.D. Fla., Sept. 19, 2023) is a class action arising from the Defendants' practice of systemically, repeatedly and continually 1) failing to install solar energy systems within the 90 day period as set forth in the contract; and 2) failing to install solar energy systems that are fully operable. Better Earth, Inc. is a full service solar sales/installation company with a principal place of business in Tampa, Florida. On May 7, 2022, Plaintiff Quesada contracted with Defendant Better Earth Electric FL, LLC, located in Lakeland, Polk County, Florida, to install a 12.96 kW solar energy system consisting of 36 solar panels on Plaintiff's single-family home in Orlando, Orange County, Florida. According to the complaint, the Defendants failed to complete the installation of systems for Plaintiff and the Class within the 90 day period set forth in the contract. As a result, Plaintiff and the Class were deprived of the use of their systems for months and months after the 90 day period lapsed and have uniformly suffered quantifiable financial harm as a result of being deprived the full use of their solar energy systems, says the suit.[BN] The Plaintiff is represented by: Louis A. Gonzalez, Esq. VARGAS GONZALEZ BALDWIN DELOMBARD, LLP 2745 West Fairbanks Ave. Winter Park, FL 32789 Telephone: (407) 603-7940 Facsimile: (407) 603-7943 E-mail: Louis@VargasGonzalez.com BIENVILLE ORTHOPAEDIC: Rose Files Suit in S.D. Mississippi ---------------------------------------------------------- A class action lawsuit has been filed against Bienville Orthopaedic Specialists, LLC. The case is styled as Richard Rose, individually and on behalf of all others similarly situated v. Bienville Orthopaedic Specialists, LLC, Case No. 1:23-cv-00253-LG-MTP (C.D. Cal., Sept. 28, 2023). The nature of suit is stated as Other Contract. Bienville Orthopaedic Specialists -- 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 FISH: Campos Loses Class Certification Bid ---------------------------------------------- In the class action lawsuit captioned as NATHAN CAMPOS, v. BIG FISH GAMES, INC., a Washington corporation, Case No. 2:22-cv-01806-RSM (W.D. Wash.), the Hon. Judge Ricardo s. Martinez entered an order granting the Defendant's motion to deny class certification. The Plaintiff's request for leave to amend the First Amended Complaint is granted. The Plaintiff shall have 30 days to file an amended complaint. If Plaintiff fails to do so, the Clerk shall issue a Scheduling Order in this matter and Plaintiff shall proceed individually. The Plaintiff Campos is a citizen and resident of Los Angeles County, California, who downloaded the mobile application games Big Fish Casino and Jackpot Magic Slots. The Plaintiff Campos is a citizen and resident of Los Angeles County, California, who downloaded the mobile application games Big Fish Casino and Jackpot Magic Slots. Big Fish is a casual gaming company based in Seattle, with a regional office in Oakland, California. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3RuZNGs at no extra charge.[CC] BIG PICTURE: Court Tosses as Moot Bid for Class Certification ------------------------------------------------------------- In the class action lawsuit captioned as RENEE GALLOWAY, et al., as individuals and as representatives of the classes, V. BIG PICTURE LOANS, LLC, et al., Case No. 3:18-cv-00406-REP (E.D. Va.), the Hon. Judge Robert E. Payne entered an order denying as moot having been withdrawn the plaintiffs' motion for class certification. Big Picture is a direct lender specializing in installment loans, or personal loans. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3LAML6C at no extra charge.[CC] BIO INNOVATIONS: Wahab Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Bio Innovations, LP. The case is styled as Angela Wahab, on behalf of herself and all others similarly situated v. Bio Innovations, LP., Case No. 1:23-cv-08549 (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Bio Innovations, LP. -- https://www.bioinnovations.net/ -- offers supplements.[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 BIOMARIN PHARMACEUTICAL: Settlement in Class Suit Initially OK'd ---------------------------------------------------------------- BioMarin Pharmaceutical Inc. disclosed in its Form 10-Q report for the fiscal year ended June 30, 2023, filed with the Securities and Exchange Commission in August 2, 2023, that on June 8, 2023, the court preliminarily approved a settlement with regards to a purported shareholder class action lawsuit filed against the company and certain officers and directors alleging violations under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 for making materially false or misleading statements regarding the clinical trials and Biologics License Application (BLA) for ROCTAVIAN (formerly known as valoctocogene roxaparvovec) by purportedly failing to disclose that differences between the company's Phase 1/2 and Phase 3 clinical studies limited the ability of the Phase 1/2 study to support ROCTAVIAN's durability of effect and, as a result, that it was foreseeable that the FDA would not approve the BLA without additional data. On March 21, 2023, the court entered an order staying all proceedings and vacating all deadlines because the parties agreed to settle the case through a binding term sheet. BioMarin Pharmaceutical Inc. is a global biotechnology company that develops and commercializes targeted therapies that address the root cause of genetic conditions. Its commercial portfolio includes ROCTAVIAN, which was granted marketing approval in the United States on June 29, 2023 and conditional marketing approval in the European Union on August 24, 2022. BRADFORD EXCHANGE: Ruiz Suit Removed to S.D. California ------------------------------------------------------- The case styled as Jose Ruiz, individually and on behalf of all others similarly situated v. The Bradford Exchange, LTD., Does 1-50, inclusive, Case No. 37-02023-00037208-CU was removed from the Superior Court, San Diego County, to the U.S. District Court for the Southern District of California on Sept. 28, 2023. The District Court Clerk assigned Case No. 3:23-cv-01800-WQH-KSC to the proceeding. The nature of suit is stated as Other Fraud. The Bradford Exchange -- http://www.bradfordexchange.com/-- is an American producer and seller of collectible goods, jewelry, sports memorabilia and apparel.[BN] The Plaintiff appears pro se. James T. Hannink, Esq. Zachariah Paul Dostart, Esq. DOSTART HANNINK LLP 4225 Executive Square, Suite 600 La Jolla, CA 92037 Phone: (858) 623-4230 Fax: (858) 623-4299 Email: jhannink@sdlaw.com zdostart@sdlaw.com The Defendant is represented by: Julia Hirata, Esq. Kate Spelman, Esq. Madeline P. Skitzki, Esq. JENNER & BLOCK LLP 515 South Flower Street, Suite 3300 Los Angeles, CA 90071-2246 Phone: (213) 239-5100 Email: kspelman@jenner.com mskitzki@jenner.com BRADLEY UNIVERSITY: Seeks to Strike Certain Class Cert Exhibits ---------------------------------------------------------------- In the class action lawsuit captioned as ORION EDDLEMON, individually and on behalf of all others similarly situated, v. BRADLEY UNIVERSITY, an Illinois not-for-profit corporation, Case No. 1:20-cv-01264-CRL-JEH (C.D. Ill.), the Defendants asks the Court to enter an order striking exhibits from Plaintiff's motion for class certification and supporting Memorandum of law. -- Bradley requests the Court to strike Exhibits 11 and 17-21, as well as footnotes 2-4, from Plaintiff's Motion for Class Certification and Supporting Memorandum of Law. To the extent any stricken exhibits provide the only support for an argument made in the Second Motion, Bradley also requests that any arguments no longer supported by the record also be stricken. Bradley further requests any other relief this Court deems equitable and just. -- The remaining exhibit, the University Study, also should not be considered in ruling on the Second Motion because it is inadmissible hearsay. As a general matter, statements made by a declarant that a party "offers in evidence to prove the truth of the matter asserted" are not admissible without a viable exception. Bradley University is a private research institution in Peoria, IL., that offers the resources of a big school with the personalized attention of a smaller one. A copy of the Defendant's motion dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3t5nD1r at no extra charge.[CC] The Defendant is represented by: Gregory E. Ostfeld, Esq. Tiffany S. Fordyce, Esq. Kara E. Angeletti, Esq. GREENBERG TRAURIG, LLP 77 West Wacker Drive, Suite 3100 Chicago, IL 60601 Telephone: (312) 456-8400 E-mail: ostfeldg@gtlaw.com fordycet@gtlaw.com angelettik@gtlaw.com BRIAN GOOTKIN: Nichols Suit Seeks to Certify Class of Inmates ------------------------------------------------------------- In the class action lawsuit captioned as Tom Nichols, Leslee Rosalie Bloodstone, on their own behalf and those similarly situated, v. Brian Gootkin, Todd Bose, Jodie Cosby, Melissa Scharf, Warden Salmonsen, Case No. 6:23-cv-00063-BMM-JTJ (D. Mont.), the Plaintiffs ask the Court to enter an order certifying a class of: "All presently incarcerated within the Montana State Prison who are actively being treated for gender dysphoria, as Nichols and Bloodstone, or are at least attempting to be treated for gender dysphoria." A copy of the Plaintiffs' motion dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3PR78iy at no extra charge. The Plaintiffs appear pro se.[CC] CARDINAL HEALTH: Court Certifies Settlement Class in LSPRF Suit --------------------------------------------------------------- In the class action lawsuit captioned as LOUISIANA SHERIFFS' PENSION & RELIEF FUND, Individually and on Behalf of All Others Similarly Situated, v. CARDINAL HEALTH, INC., et al., Case No. 2:19-cv-03347-EAS-EPD (S.D. Ohio), the Hon. Judge Edmund A. Sargus, Jr. entered an order granting the Lead Plaintiff's Motion for Final Approval of Class Action, Approval of Plan of Allocation, and Final Class Certification, as well as Lead Plaintiff's Motion for Attorney Fees and Expenses. The Court overrules the objections by Mr. Larry D. Killion and Mr. Lawrence Mollmann. The Court certifies a settlement class comprised of: "All Persons who purchased or otherwise acquired the common stock of Cardinal Health between March 2, 2015 and May 2, 2018, inclusive, and were allegedly damaged thereby. Excluded from the Settlement Class are: (i) the Defendants; (ii) the current and Class Period officers and directors of Cardinal Health; (iii) the Immediate Family Members of the Individual Defendants; and (iv) the legal representatives, affiliates, heirs, successors-in-interest or assigns of any such excluded party and any entity in which such excluded persons have or had a controlling interest. Also excluded from the Settlement Class is any Person who would otherwise be a Settlement Class Member but who, in accordance with the requirements set by the Court, validly and timely requested exclusion. The Court approves the Released Claims as provided for in the Settlement Agreement including the Covered Class Members' release of the "Released Plaintiffs' Claims," as well as the other terms of the Settlement Agreement because, based on the evidence and arguments presented in the Motion papers and during the fairness hearing, the settlement is "fair, reasonable, and adequate," considering (1) the risk of fraud or collusion; (2) the complexity, expense and likely duration of the litigation; (3) the amount of discovery engaged in by the parties; (4) the likelihood of success on the merits; (5) the opinions of class counsel and class representatives; (6) the reaction of absent class members; and (7) the public interest. The Court approves the total payment to Lead Counsel in the amount of 30% of the $109,000,000.00 cash recovery obtained for the Settlement Class, totaling $32,700,000.00, and expenses incurred in prosecuting this Litigation of $699,334.91, plus interest earned on both amounts. The Court approves the payment to Lead Plaintiff in the amount of $11,539.00 from the Settlement Fund for expenses incurred in representing the Settlement Class, sought pursuant to 15 U.S.C. section 78u-4(a)(4). Cardinal Health specializes in the distribution of pharmaceuticals and medical products. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3ENOiSW at no extra charge.[CC] CAREFIRST INC: Bid for Summary Judgment in Attias Partly OK'd ------------------------------------------------------------- In the class action lawsuit captioned as CHANTAL ATTIAS, et al., v. CAREFIRST, INC., et al., Case No. 1:15-cv-00882-CRC (D.D.C.), the Hon. Judge Christopher R. Cooper entered an order granting in part and denying in part the Defendant's motion for summary judgment. The Court denies CareFirst's motion for summary judgment as to Plaintiffs' breach of contract claim. And the Court grants summary judgment as to Plaintiffs’ MCPA and VCPA claims for reasons unrelated to CareFirst's compliance with HIPAA. Whether Plaintiffs might obtain additional expert opinions regarding CareFirst's HIPAA compliance therefore has no bearing on the outcome of this motion. In April 2014, a cyberattack executed through an email spear phishing campaign gave hackers unauthorized access to the internal computer systems of Defendant CareFirst, Inc., a health insurance company. Unbeknownst to CareFirst, the hackers secretly remained on the Company's systems for months, eventually exfiltrating certain personal identifying information of CareFirst’s customers. With the help of an outside investigation, CareFirst eventually uncovered the mischief, but it was too late to stop the breach. Plaintiffs in this case, a group of those customers whose information was exposed in the breach, filed a class action lawsuit against CareFirst. Maryland Consumer Protection Act, however, Plaintiffs have failed to show a triable issue of fact on a key element -- reliance on CareFirst’s alleged misrepresentations about the company's data security practices. And Plaintiff’s Virginia Consumer Protection Act claim is foreclosed because CareFirst falls within an exemption in the statute for insurance companies regulated by the state's corporation commission. The Plaintiffs are District of Columbia, Maryland, and Virginia residents who had health insurance provided by Defendant CareFirst, Inc. during the time relevant to this lawsuit. In April 2014, hackers gained access into CareFirst's computer system through an email-based spear phishing campaign, using an email designed to resemble an official message from CareFirst. CareFirst is a not-for-profit, non-stock health services company. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3PtnUmq at no extra charge.[CC] CERTAINTEED LLC: Filing for Class Cert Bid Due Nov. 4, 2024 ----------------------------------------------------------- In the class action lawsuit captioned as FRANCISCO TREJO-RAMIREZ, v. CERTAINTEED LLC, Case No. 1:23-cv-00775-ADA-EPG (E.D. Cal.), the Hon. Judge Erica Grosjean entered a class action scheduling conference order: -- The deadline for all parties to serve July 18, 2024 their expert witness disclosures is: -- The deadline for rebuttal expert Aug. 19, 2024 disclosures is: -- The deadline for expert discovery is: Sept. 18, 2024 -- Motion for Class Certification filing Nov. 4, 2024 deadline: CertainTeed is a North American manufacturer of building materials for both commercial and residential construction. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3sXkuR6 at no extra charge.[CC] DALE'S CLOTHING: DiMeglio Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Dale's Clothing, Inc. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. Dale's Clothing, Inc., Case No. 1:23-cv-08555 (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Dale's Clothing -- https://shopdalesclothing.com/ -- offers affordable style options and brand names for men and women.[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 DAN AND JOHNS: Martin Files ADA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Dan and Johns, LLC. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Dan and Johns, LLC, Case No. 1:23-cv-07242 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Dan and Johns, LLC -- https://danandjohns.com/ -- offers Buffalo Wings by Buffalo Guys.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com DISCOVER FINANCIAL: Lemmos Suit Transferred to N.D. Illinois ------------------------------------------------------------ The case styled as Lemmos Pizzeria LLC, individually, and on behalf of all others similarly situated v. Discover Financial Services, DFS Services LLC, Discover Bank, Does 1-100, Case No. 2:23-cv-06651 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Northern District of Illinois on Sept. 28, 2023. The District Court Clerk assigned Case No. 1:23-cv-14250 to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. Discover Financial Services -- http://www.discover.com/-- is an American financial services company that owns and operates Discover Bank, an online bank that offers checking and savings accounts, personal loans, home equity loans, student loans and credit cards.[BN] The Plaintiff is represented by: Gregory R Taylor, Esq. Tyler J. Dosaj, Esq. Taras Peter Kick, Esq. KICK LAW FIRM APC 815 Moraga Drive Los Angeles, CA 90049 Phone: (310) 395-2988 Fax: (310) 395-2088 Email: greg@kicklawfirm.com Tyler@kicklawfirm.com taras@kicklawfirm.com - and - Roger Norton Heller, Esq. LIEFF CABRASER HEIMANN AND BERNSTEIN LLP 275 Battery Street 29th Floor San Francisco, CA 94111 Phone: (415) 956-1000 Fax: (415) 956-1008 Email: rheller@lchb.com The Defendant is represented by: Armida Derzakarian, Esq. September Rea, Esq. POLSINELLI LLP 2049 Century Park East, Suite 2900 Los Angeles, CA 90067 Phone: (310) 556-1801 Fax: (310) 556-1802 Email: aderzakarian@polsinelli.com srea@polsinelli.com DRILLING TOOLS: O'Connor Sues Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Patrick O'Connor, individually and on behalf of all others similarly situated v. Drilling Tools International, Inc., Case No. 4:23-cv-03660 (S.D. Tex., Sept. 28, 2023), is brought under the Fair Labor Standards Act and the Portal-to-Portal Act (collectively, the "FLSA") seeking damages for Defendant's failure to pay Plaintiff time and one half the regular rate of pay for all hours worked over 40 during each seven-day workweek because Defendant paid him on a salary basis and misclassified him as exempt from the FLSA. The Plaintiff routinely worked in excess of 40 hours per workweek for Defendants. The Plaintiff's weekly work schedule typically encompassed approximately 40-120 hours of work for Defendant on average. However, Defendant did not pay Plaintiff and the putative Collective Action Members time and one-half the regular rate of pay for all hours worked over 40 during each workweek. The Defendant employed numerous other salaried misclassified manual laborer employees in connection with its oilfield services business operations who are/were similarly situated to Plaintiff. Those employees are/were also paid on a salary basis, routinely work/worked in excess of 40 hours per workweek, and are/were not paid time and one-half their respective regular rates of pay for all hours worked over 40 in each and every workweek. The Defendant's uniform wage payment policy and/or practice resulted in Plaintiff and similarly situated employees not being paid all overtime wages owed to them by Defendant in violation of the FLSA, says the complaint. The Plaintiff began working for Defendants as a full-time salaried employee on May 14, 2017 through on April 13, 2022. The Defendant is an oilfield services company that rents downhole drilling tools.[BN] The Plaintiff is represented by: Ricardo J. Prieto, Esq. Melinda Arbuckle, Esq. WAGE AND HOUR FIRM 5050 Quorum Drive, Suite 700 Dallas, TX 75254 Phone: (214) 489-7653 Facsimile: (469) 319-0317 Email: rprieto@wageandhourfirm.com marbuckle@wageandhourfirm.com DYCK O'NEAL INC: Seeks More Time to File Class Cert Response ------------------------------------------------------------ In the class action lawsuit captioned as KAREN SAUNDERS, v. DYCK O'NEAL, INC., Case No. 1:17-cv-00335-JTN-RSK (W.D. Mich.), the Defendant asks the Court to enter an order pursuant to Federal Rule of Civil Procedure 6(b)(1), granting motion for an extension of time, through and including October 2, 2023, within which to file its response to the Plaintiff's motion for summary judgment and for class certification. Dyck-O'Neal is a debt collector based on mortgage insurance, banking, legal and real estate. A copy of the Defendant's motion dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3ENrH9d at no extra charge.[CC] The Defendant is represented by: Mark S. Pendery, Esq. HONIGMAN LLP 300 Ottawa Avenue NW, Suite 400 Grand Rapids, MI 49503 Telephone: (616) 649-1910 E-mail: mpendery@honigman.com - and - Dale T. Golden, Esq. GOLDEN SCAZ GAGAIN PLLC 1135 Marbella Plaza Drive Tampa, FL 33619 E-mail: dgolden@gsgfirm.com ESSENTIAL UTILITIES: Faces Suit Over Water Contamination -------------------------------------------------------- Essential Utilities, 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 it is currently facing an action in the State court in Will County, Illinois related to a "do not consume advisory" for some customers. Case was filed on September 3, 2019 by two individuals, on behalf of themselves and those similarly situated and seeks class action certification, attorney's fees, and "damages, including, but not limited to, out of pocket damages, and discomfort, aggravation, and annoyance" based upon the water provided by the company's subsidiary to a discrete service area in University Park, Illinois. The complaint contains allegations of damages as a result of supplied water that exceeded the standards established by the federal "Lead and Copper Rule." Essential Utilities, Inc. is the holding company for regulated utilities providing water, wastewater, or natural gas services to an estimated five million people in Pennsylvania, Ohio, Texas, Illinois, North Carolina, New Jersey, Indiana, Virginia, West Virginia, and Kentucky under the Aqua and Peoples brands. One of our largest operating subsidiaries, Aqua Pennsylvania, Inc., provides water or wastewater services to approximately one-half of the total number of water or wastewater customers it serves, who are located in the suburban areas in counties north and west of the City of Philadelphia and in 27 other counties in Pennsylvania. Our other regulated water or wastewater utility subsidiaries provide similar services in seven additional states. EXPERIAN INFO: Initial Case Management Conference Order Entered --------------------------------------------------------------- In the class action lawsuit captioned as JAMES FITZPATRICK, v. EXPERIAN INFORMATION SOLUTIONS INC.; TRANSUNION LLC; PORTFOLIO RECOVERY ASSOCIATES, LLC; JP MORGAN CHASE BANK, N.A.; and WELLS FARGO BANK, N.A., Case No. 1:23-cv-04261-PGG-SLC (S.D.N.Y.), the Hon. Judge Sarah L. Cave entered an order scheduling initial case management conference: -- All pretrial motions and applications, including those relating to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Magistrate Judge Cave and must comply with her Individual Practices, available on the Court’s website at https://www.nysd.uscourts.gov/hon-sarah-l-cave. -- The parties are directed to call:(866) 390-1828; access code: 380-9799, at the scheduled time. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). -- The counsel shall meet and confer in accordance with Fed. R. Civ. P. 26(f) no later than 21 days before the Initial Case Management Conference. No later than October 30, 2023, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. Experian supplies data and analysis that helps companies & individuals manage credit risk, prevent fraud & automate decision making. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/454Fv9O at no extra charge.[CC] FLORIDA INSTITUTE: Male Students Get Class Status in Navarro Suit ----------------------------------------------------------------- In the class action lawsuit captioned as JOSHUA NAVARRO, BENJAMIN KOMITA, JADEN KREKOW, KYLE STEWART, MASON YASKOVIC, THOMAS FRANCIS, BRYCEN HANER, RYAN ZERNEKE, DAVID ADLER, ERIK LAARI and REESE VAN PUTTEN, v. FLORIDA INSTITUTE OF TECHNOLOGY, INC., Case No. 6:22-cv-01950-CEM-EJK (M.D. Fla.), the Hon. Judge Carlos Mendoza entered an order granting the joint motion for class certification: a. The following class is certified: "All present and future male students at the Florida Institute of Technology, Inc. who participate or will participate in intercollegiate athletics and are thus entitled to: (1) the allocation of athletic participation opportunities; (2) the allocation of benefits provided to varsity athletes; and (3) the allocation of student financial aid to varsity athletes, in compliance with the requirements of 20 U.S.C. section 1681 et. seq." b. The Named Plaintiffs are certified as class representatives. c. Attorneys Arthur T. Schofield, James C. Larew, and Claire M. Diallo are designated as class counsel. Florida Institute of Technology is a private research university in Melbourne, Florida. The university comprises four academic colleges: Engineering & Science, Aeronautics, Psychology & Liberal Arts, and Business. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/46eqa7M at no extra charge.[CC] GENERAL MOTORS: Wins Summary Judgment vs Hurry ---------------------------------------------- In the class action lawsuit captioned as DOMINGUEZ HURRY, et al., v. GENERAL MOTORS LLC, Case No. 3:21-cv-00673-ECM-JTA (M.D. Ala.), the Hon. Judge Emily C. Marks entered an order: -- Granting the Defendant's motion for summary judgment; -- Denying the Plaintiffs' motion to certify the class as moot; and -- Denying as moot the motions to exclude. The Plaintiffs originally filed a class action complaint for monetary relief on October 8, 2021. The putative class action arises out of an alleged engine defect present in certain vehicles sold by the General Motors in Alabama and nationwide (the "Class Vehicles"). The Plaintiffs define "Class Vehicle" to include the following model year 2011–2014 vehicles: Chevrolet Avalanche; Chevrolet Silverado; Chevrolet Suburban; Chevrolet Tahoe; GMC Sierra; GMC Yukon; and GMC Yukon XL. Class Vehicles are equipped with GM’s Generation IV 5.3 Liter V8 Vortec 5300 LC9 Engines ("Generation IV Engines"). The Plaintiffs claim that the Generation IV Engines consume an abnormally high quantity of oil in excess of industry standards. Excessive oil consumption may result in low oil levels, insufficient lubricity levels, oil fouling, and internal engine damage. The Plaintiffs claim that the primary cause of the Oil Consumption Defect is that the piston rings GM installed in the Generation IV Engines "wear and lose sealing capacity." General Motors is an American multinational automotive manufacturing company headquartered in Detroit, Michigan. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3Zq6hIJ at no extra charge.[CC] GENUINE PARTS: Martin Files ADA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Genuine Parts Company. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Genuine Parts Company, Case No. 1:23-cv-07238 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Genuine Parts Company -- https://www.genpt.com/ -- is an American service organization engaged in the distribution of automotive replacement parts, industrial replacement parts, office products and electrical/electronic materials.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com GILEAD SCIENCES: Plaintiffs Must File Class Cert. Bid by Nov. 10 ---------------------------------------------------------------- In the class action lawsuit captioned as JONATHAN SEARCY, et al., v. GILEAD SCIENCES, INC., Case No. 4:20-cv-01523-MTS (E.D. Mo.), the Hon. Judge Matthew T. Schelp entered an order granting stipulation for certain deadlines related to class certification and Daubert (federal rule of evidence 702) motions: 1. The Plaintiffs shall file any Oct. 9, 2023 oppositions to Defendant's class certification Rule 702 (Daubert) motions by: 2. The Defendant must file any reply Nov. 1, 2023 in support of its class certification Rule 702 (Daubert) motions by: 3. The Plaintiffs must file any reply Nov. 10, 2023 in support of their motion for class certification by: 4. The Plaintiffs must file any class Nov. 10, 2023 certification Rule 702 (Daubert) motions to exclude Defendant's class certification experts by: 5. The Defendant must file any Dec. 15, 2023 oppositions to Plaintiffs' class certification Rule 702 (Daubert) motions by: 6. The Plaintiffs must file any reply Jan. 5, 2024 in support of their class certification Rule 702 (Daubert) motions by: Gilead Sciences is a research-based biopharmaceutical company focused on the discovery, development, and commercialization of innovative medicines. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3tafCZe at no extra charge.[CC] The Plaintiffs are represented by: Todd E. Hilton, Esq. Patrick J. Stueve, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 E-mail: stueve@stuevesiegel.com hilton@stuevesiegel.com - and - J. Toji Calabro, Esq. CALABRO LAW OFFICE 2300 Main Street, 9th Floor Kansas City, MO 64108 Telephone: (888) 585-1247 E-mail: tojicalabro@calabro-law.com The Defendant is represented by: Thomas J. Magee, Esq. Charles N. Insler, Esq. HEPLERBROOM, LLC 701 Market Street, Suite 1400 St. Louis, MO 63101 Telephone: (314) 241-6160 Facsimile: (314) 241-6116 E-mail: tml@heplerbroom.com cni@heplerbroom.com - and - Joshua E. Anderson, Esq. David R. Carpenter, Esq. Sean A. Commons, Esq. SIDLEY AUSTIN LLP 555 West Fifth Street Los Angeles, CA 90013 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 E-mail: janderson@sidley.com drcarpenter@sidley.com scommons@sidley.com GOBRANDS INC: Perez Sues Over Drivers' Unreimbursed Expenses ------------------------------------------------------------ Octavio Perez, individually and on behalf of all others similarly situated, Plaintiff v. GoBrands, Inc. and GB Logistics, LLC, Defendants, Case No. 1:23-cv-13863 (N.D. Ill., Sept. 19, 2023) is a class action against the Defendants seeking all available relief under the Fair Labor Standards Act, Illinois Wage Payment and Collection Act, and the Illinois Minimum Wage Law. The Plaintiff alleges Defendants' failure to reimburse him and other similarly situated expenses, which are directly related to the work that Plaintiff and other employees perform for Defendants. He asserts that Defendants did not pay him and other similarly situated any extra overtime premium compensation for their overtime hours in excess of 40 hours. Plaintiff, Octavio Perez, has been a delivery driver for Defendants based out of their Chicago, Illinois warehouse for approximately three years. GoBrands, Inc. is an American consumer goods and food delivery company.[BN] The Plaintiff is represented by: Michael L. Fradin, Esq. LAW OFFICE OF MICHAEL L. FRADIN 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 GOLDEN PRODUCE: Pareja Sues Over Unpaid Minimum, OT Wages ---------------------------------------------------------- JOSE PAREJA, individually and on behalf of others similarly situated v. GOLDEN PRODUCE, LLC (D/B/A GOLDEN PRODUCE), GOLDEN PRODUCE III CORP. (D/B/A GOLDEN PRODUCE III), and WILSON HENRIQUEZ, Case No. 1:23-cv-08486 (S.D.N.Y., Sept. 26, 2023) seeks to recover unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act and the New York Labor Law as well as seeks "spread of hours" pay pursuant to the "Spread of Hours Wage Order", liquidated damages, interest, attorneys' fees and costs. The Plaintiff worked 75-76 hours per week. The Defendants paid the Plaintiff a fixed salary of $800 per week. Plaintiff Pareja's pay did not vary even when he was required to stay later or work a longer day than his usual schedule. Approximately twice throughout his employment, the Plaintiff had to sign a document in order for the Defendants to release his pay. The Defendants also never granted the Plaintiff Pareja any breaks or meal periods of any kind, the lawsuit alleges. Plaintiff Pareja seeks certification of this action as a collective action on behalf of himself, individually, and all other similarly situated employees and former employees of the Defendants pursuant to 29 U.S.C. Section 216(b). Plaintiff Pareja was employed by the Defendants as produce worker at Golden Produce and Golden Produce III from June 25, 2022, until July 31, 2023. Golden Produce is a family founded and employee owned wholesale supplier of fresh produce, dairy, and dry goods.[BN] The Plaintiff is represented by: Catalina Sojo, Esq. CSM LEGAL, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 GRAND CANYON UNIVERSITY: Plaintiffs Lose Class Certification Bid ---------------------------------------------------------------- In the class action lawsuit captioned as Seth Hannibal-Fisher, et al., v. Grand Canyon University, Case No. 2:20-cv-01007-SMB (D. Ariz.), the Hon. Judge Susan Brnovich entered an order denying the Plaintiffs' motion for class certification and appointment of class counsel. Much like the unjust enrichment claim, the money had and received claim will require a per-plaintiff analysis. The claim concerns individual students that each paid differing amounts of tuition to GCU. Similarly, precise damages will need to be calculated individually and an analysis of each individual plaintiff's circumstance will have to be conducted, thereby making the claims unsuitable to class certification. Each of these claims will turn on individual facts that would overwhelm questions common to the putative class. Accordingly, the predominance element is also not met for the money had and received claim. The Court finds that because both claims fail the predominance inquiry of Rule 23(b)(3), the class cannot be certified. On May 22, 2020, the Plaintiff filed a class action complaint against GCU alleging that the university failed to provide proper refunds of on-campus tuition, fees, and room and board costs after GCU cancelled in-person courses in response to the COVID-19 pandemic. The Plaintiffs' Complaint sought to represent: "all people who paid GCU on-campus tuition, room and board costs, and/or fees for inperson educational services and facilities that GCU failed to provide during the Spring Term, and whose tuition, costs, and/or fees have not been refunded." The Complaint brought claims for breach of contract, unjust enrichment, conversion, money had and received, and accounting. Initially, Plaintiffs had proposed the following class: "All people who paid GCU on-campus tuition, room and board costs, and/or fees for in-person educational services and facilities that GCU failed to provide during the Spring Term, and whose tuition, costs, and/or fees have not been refunded." The Plaintiffs now seek to narrow this definition and certify the following class: "All Grand Canyon University students who paid on-campus tuition during the Spring 2020 semester and whose tuition has not been refunded." GCU reiterates its argument that even this narrower class lacks standing. GCU is a private university with its main campus in Phoenix, Arizona. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/48sZylu at no extra charge.[CC] GREAT AMERICAN: Lee Must File Class Cert Bid by Oct. 13 ------------------------------------------------------- In the class action lawsuit captioned as ELLEN LEE and CHUNG LEE; Individually, and on Behalf of the Class; and HAMID R. TAVAKOLIAN, Individually Only, v. GREAT AMERICAN LIFE INSURANCE COMPANY, an Ohio Corporation, Case No. 5:20-cv-01133-SPG-SHK (C.D. Cal.), the Hon. Judge Sherilyn Peace Garnett entered an order granting joint Stipulation to modify certain deadlines in scheduling order: 1. Deadline for the fact discovery cut-off, Oct. 6, 2023 currently set for September 15, 2023, be continued to: 2. Deadline for Plaintiffs to file any Oct. 13, 2023 motion for class certification, currently set for September 22, 2023, be continued to: 3. Deadline for Defendant to file its Dec. 1, 2023 response in opposition to Plaintiffs' motion for class certification, currently set for: November 3, 2023, be continued to: 4. Deadline for plaintiffs to file their reply Dec. 15, 2023. in support of their motion for class certification, currently set for Nov. 17, 2023, be continued to: 5. Deadline to complete settlement conference Jan. 19, 2024 (private mediation) currently set for Dec. 22, 2023, be continued to: Great American operates as a stock insurance company. The Company engages in the insurance business such as annuity. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3rgQOOB at no extra charge.[CC] GRIMMWAY ENTERPRISES: Filing for Class Cert Bid Due Feb. 6, 2024 ---------------------------------------------------------------- In the class action lawsuit captioned as ELIZABETH HICKS, an Individual, on behalf of herself and all other similarly situated and the general public, v. GRIMMWAY ENTERPRISES, INC., a Corporation with Headquarters in California; and DOES 1-100, inclusive, Case No. 3:22-cv-02038-JLS-DDL (S.D. Cal.), the Hon. Judge David D. Leshner entered a scheduling order regulating discovery and class certification motion filing deadline: 1. Any motion to join other parties, to amend Oct. 12, 2023 the pleadings, or to file additional pleadings must be filed on or before: 2. Counsel for the parties must appear Oct. 18, 2023 for a Status Conference before the Honorable David D. Leshner on: 3. All written discovery requests must Dec. 1, 2023 be served by all parties by: 4. All parties must substantially Jan. 5, 2024 complete the production of documents responsive to any other party's document requests by: 5. Any motion for class certification Feb. 6, 2024 must be filed by not later than:. Grimmway grows, produces, and supplies agricultural products. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3PxLzSq at no extra charge.[CC] H & S FASHIONS: Martinez Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against H & S Fashions, Inc. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. H & S Fashions, Inc. doing business as: Effies, Case No. 1:23-cv-07223-MKB-MMH (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. H & S Fashions Inc is a company that operates in the Retail industry.[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 HALEON PLC: Rourk Sues Over False Ad for Sinus Congestion Drugs --------------------------------------------------------------- Sharon Rourk, individually and on behalf of all others similarly situated, Plaintiff v. Haleon, PLC, Defendant, Case No. 3:23-cv-20478-RK-RLS (D.N.J., Sept. 19, 2023) is a class action lawsuit by Plaintiff on behalf of herself and all others similarly situated who purchased Defendant's tablet style phenylephrine medicine, "Advil Sinus Congestion and & Pain" branded products, containing phenylephrine, for fraud, false marketing, false advertising, breach of contract, breach of warranty, and breaches of state law consumer protection statutes. According to the complaint, these drugs manufactured, marketed, labeled, distributed, and sold by Defendant are designed to combat sinus issues, such as congestion, among other things, but are said to be ineffective according to the U.S. Food and Drug Administration. This is due to their active ingredient being phenylephrine. Through its own marketing, Defendant is seeking out consumers who are in vulnerable positions given their need for medicine related to nasal and sinus issues, says the suit. Thus, Defendant's "Advil Congestion & Pain Relief" branded Drugs, containing phenylephrine, are ineffective as decongestants. These drugs, specifically those containing phenylephrine, were brought to market as alternatives for other types of medicines that were prone to abuse by illicit drug producers, as to create methamphetamine, the suit alleges. Haleon, PLC is a multinational consumer healthcare company.[BN] The Plaintiff is represented by: Philip Furia, Esq. THE SULTZER LAW GROUP, P.C. 85 Civic Center Plaza, Suite 20 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 E-mail: furiap@thesultzerlawgroup.com - and - Roy T. Willey, IV, Esq. Paul J. Doolittle, Esq. Blake G. Abbott, Esq. POULIN | WILLEY ANASTOPOULO, LLC 32 Ann Street Charleston, SC 29403 Telephone: (803) 222-2222 E-mail: roy.willey@poulinwilley.com paul.doolittle@poulinwilley.com blake.abbott@poulinwilley.com cmad@poulinwilley.com HECKMAN FINANCIAL: Class Certification Bid Filing Due May 3, 2024 ----------------------------------------------------------------- In the class action lawsuit captioned as WARREN INGRAM, v. HECKMAN FINANCIAL & INSURANCE SERVICES, INC., Case No. 5:23-cv-03045-NC (N.D. Cal.), the Hon. Judge Nathanael M. Cousins entered a case management scheduling order as follows: 1. The parties prefer private mediation. Sept. 13, 2024 The Court endorses the plan and recommends completion by: 2. The deadline to add parties or amend Jan. 15, 2024 pleadings absent leave of Court is: 3. All non-expert discovery completed by: July 26, 2024 4. Disclosure of expert testimony and Aug. 23, 2024 reports under Federal Rule of Civil Procedure 26(a)(2) must be made by: 5. Parties must complete all discovery Sept. 20, 2024 of expert witnesses under Federal Rule of Civil Procedure 26(b)(4) by: 6. Class certification motion filing by: May 3, 2024 7. Daubert motion filing by: Aug. 2, 2024 8. Summary judgment motion filing by: Aug. 2, 2024 Heckman offers retirement income plans, wealth management, asset protection & IRA legacy planning services. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3ERTPrQ at no extra charge.[CC] HENRY NORMAN: Martin Files ADA Suit in E.D. New York ---------------------------------------------------- A class action lawsuit has been filed against The Henry Norman Hotel Groups, LLC. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. The Henry Norman Hotel Groups, LLC, Case No. 1:23-cv-07244 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Henry Norman Hotel Groups -- https://henrynormanhotel.com/ -- is an eclectic boutique hotel in Greenpoint Brooklyn, NYC, where cozy comfort meets industrial and artful..[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com HESTIANYC CORP: Martinez Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against HestiaNYC Corp. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. HestiaNYC Corp. doing business as: Baked Cravings, Case No. 1:23-cv-07221 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. HestiaNYC Corp. doing business as Baked Cravings -- https://www.bakedcravings.com/ -- offers fresh-baked nut free & peanut free baked treats to satisfy all of your sweet tooth cravings.[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 HI-HEALTH-RX: DiMeglio Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Hi-Health-Rx, LLC. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. Hi-Health-Rx, LLC, Case No. 1:23-cv-08544 (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Hi-Health-Rx LLC is a Pharmacy in Scottsdale, Arizona.[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 HONEYWELL INT'L: Filing for Class Cert Bid Due March 25, 2024 ------------------------------------------------------------- In the class action lawsuit captioned as DASANI THOMAS, v. HONEYWELL INTERNATIONAL, INC., Case No. 1:23-cv-00245-DRC (S.D. Ohio), Hon. Judge Douglas R. Cole entered a scheduling order as follows: Exchange of initial disclosures under Sept. 27, 2023 Fed. R. Civ. P. 26(a)(1): Motions directed to pleadings: Oct. 27, 2023 Motions to amend the pleadings and/or Jan. 26, 2024 to add additional parties: Motion for Class Certification: Mar. 25, 2024 Opposition: Apr. 23, 2024 Reply: May 7, 2024 Plaintiff's expert report(s) and To be determined designation(s): Discovery deadline: To be determined Honeywell is an American publicly traded, multinational conglomerate corporation. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3t5qUh9 at no extra charge.[CC] HP INC: Seeks More Time to Depose Class Certification Experts ------------------------------------------------------------- In the class action lawsuit captioned as MOBILE EMERGENCY HOUSING CORP., and TRACK RAT ENTERPRISES, INC. d/b/a PERFORMANCE AUTOMOTIVE & TIRE CENTER, and DAVID JUSTIN LYNCH, individually, and on behalf of all others similarly situated, v. HP INC. d/b/a/ HP COMPUTING AND PRINTING INC., a Delaware Corporation, Case No. 5:20-cv-09157-SVK (N.D. Cal.), the Hon. Judge Susan Van Keulen entered an order granting stipulation and order to extend deadline to depose the Defendant's class certification Experts pursuant to civil l.r. 6-1 and 6-2. HP Inc is a provider of technology products, software, solutions and services. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3t8oMW4 at no extra charge.[CC] The Plaintiffs are represented by: Mark L. Javitch, Esq. JAVITCH LAW OFFICE 3 East 3rd Ave. Ste. 200 San Mateo CA 94401 Telephone: (650) 781-8000 Facsimile: (650) 648-0705 Thomas A. Zimmerman, Jr., Esq. ZIMMERMAN LAW OFFICES, P.C. 77 West Washington Street, Suite 1220 Chicago, IL 60602 Telephone: (312) 440-0020 Facsimile: (312) 440-4180 E-mail: tom@attorneyzim.com The Defendant is represented by: Samuel Liversidge, Esq. Ilissa Samplin, Esq. Joseph R. Rose, Esq. Sean Howell, Esq. GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: (213) 229-7000 Facsimile: (213) 229-7520 E-mail: sliversidge@gibsondunn.com isamplin@gibsondunn.com jrose@gibsondunn.com showell@gibsondunn.com HPG PIZZA I: Mighell Files FLSA Suit in D. Colorado --------------------------------------------------- A class action lawsuit has been filed against HPG Pizza I, LLC. The case is styled as Steve Mighell, on behalf of himself and those similarly situated v. HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange, Doe Corporation 1-10, John Doe 1-10, Case No. 1:23-cv-02533-SKC (D. Colo., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. HPG Pizza I, LLC doing business as Papa John's Pizza -- http://www.papajohns.com/-- is an American pizza restaurant chain.[BN] The Plaintiff is represented by: Joseph M. Scherpenberg, Esq. BILLER & KIMBLE LLC 8044 Montgomery Road, Suite 515 Cincinnati, OH 45236 Phone: (513) 715-8714 Email: jscherpenberg@billerkimble.com HSBC BANK: Court Tosses Cheng Bid for Class Certification --------------------------------------------------------- In the class action lawsuit captioned as JI DONG CHENG, v. HSBC BANK USA, N.A., Case No. 1:20-cv-01551-BMC (E.D.N.Y.), the Hon. Judge Brian Cogan entered an order denying the Plaintiff's motion for class certification: "All persons in the United States who opened a Direct Savings Account with HSBC between March 25, 2017, through the date of certification and who made noncash deposits into the account using HSBC's online portal on a Business Day for which HSBC did not begin to apply interest on the same Business Day the deposits were initiated on the portal or on the first Business Day after a deposit initiated on a Saturday, Sunday, or Federal holiday." The Plaintiff is ordered to show cause within ten days of docketing this decision why the Court should retain jurisdiction, given that the Court has denied the motion to certify the class, only state claims remain, and there have been no representations that the amount in controversy on plaintiff’s individual claims exceeds $75,000. The Plaintiff moves for class certification on his claims for breach of contract and a violation of New York General Business Law section 349. He is not an adequate class representative because there is a strong defense to his individual claims that would impede the claims of other class members even though they are not subject to that defense. The motion is therefore denied, the Court says. The case concerns two deposits that plaintiff made. First, on Friday, May 31, 2019, plaintiff transferred $100,000 to his account with defendant through an Automated Clearing House network. The Plaintiff alleges, however, that defendant "did not apply interest on the account until, at the earliest, Tuesday, June 4, 2019." HSBC offers personal banking, wealth management, loans, savings accounts, leasing, retirement plans, investment management, and insurance services. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3LyE8t3 at no extra charge.[CC] ILLINOIS FARMERS: Bid to Exclude Expert Testimony Tossed -------------------------------------------------------- In the class action lawsuit captioned as TAQUERIA EL PRIMO LLC, VICTOR MANUEL DELGADO JIMENEZ, MITCHELLE CHAVEZ SOLIS, BENJAMIN TARNOWSKI, EL CHINELO PRODUCE, INC., and VIRGINIA SANCHEZ-GOMEZ, individually and on behalf of all others similarly situated, v. ILLINOIS FARMERS INSURANCE COMPANY; FARMERS INSURANCE EXCHANGE; FARMERS GROUP, INC.; TRUCK INSURANCE EXCHANGE; FARMERS INSURANCE COMPANY, INC.; and MID-CENTURY INSURANCE COMPANY, Case No. 0:19-cv-03071-JRT-ECW (D. Minn.), the Hon. Judge John R. Tunheim entered an order denying the Defendants' Motion to Exclude Expert Testimony of Akshay Rao. -- The Defendants' motion to Exclude Expert Testimony of Michael J. Rothman is denied. -- The Defendants' Motion to Exclude Expert Testimony of Allan I. Schwartz is denied. -- The Plaintiffs' Motion to Exclude Expert Testimony of Nancy Watkins is denied, but plaintiffs' request to strike the two challenged errata sheet changes by Watkins is granted. -- The Plaintiffs' motion to Exclude Expert Testimony of Bruce Strombom is denied. -- The Damages Class's Re-Filed Motion for Partial Summary Judgment and the Injunctive Class’s Re-Filed Motion for Summary Judgment is granted in part and denied in part: a. The Court finds that billing limitation agreements entered into by Farmers violate Minnesota’s No-Fault Automobile Insurance Act; b. The Court finds that the Damages Class’s MCFA claim is actionable, but issues of fact remain as to causal nexus and damages; c. The Defendants are enjoined from enforcing or entering into billing limitation agreements as alleged in this action. The Court denies each of the motions to exclude expert testimony because they do not adequately challenge the methodology or reliability of each witness. The Court concludes that Plaintiffs' MCFA claims are actionable but that issues of fact remain as to the causal nexus to any damages precluding summary judgment. The Court grants summary judgment to the Injunctive Class on its MDTPA claim and enjoins Farmers from enforcing the billing limitations or entering into similar agreements in the future. The Plaintiffs initiated this action on behalf of themselves and all other similarly situated in 2019. They bring claims under the Minnesota Consumer Fraud Act ("MCFA"), the Minnesota Deceptive Trade Practices Act ("MDTPA"), and for breach of contract. The Plaintiffs moved for and the Court certified two classes: a Damages Class and an Injunctive Class. The Damages Class is defined as: "All persons or entities that purchased an insurance policy on or after January 17, 2013, within the State of Minnesota from any of the Defendant Insurers that provided for medical expense benefits under Minnesota's No Fault Act." The Damages Class was certified to proceed on the MCFA claim, but the Court denied certification of the Damages Class on the MDTPA and breach of contract claims. The Court also certified an Injunctive Class defined as: "All persons or entities that purchased an insurance policy on or after January 17, 2013, within the State of Minnesota from any of the Defendant Insurers that provided for medical expense benefits under Minnesota's No Fault Act, and who maintain that policy. Illinois Farmers offers auto, renters, homeowners, condos, and liabilities insurance services. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3Lvl2E7 at no extra charge.[CC] The Plaintiffs are represented by: Anne T. Regan, Esq. Nathan D. Prosser, Esq. HELLMUTH & JOHNSON PLLC 8050 West Seventy-Eighth Street Edina, MN 55439 - and - David W. Asp, Esq. Derek C. Waller, Esq. Jennifer Jacobs, Esq. Kristen G. Marttila, Esq. Stephen Matthew Owen, Esq. LOCKRIDGE GRINDAL NAUEN PLLP 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 - and - Paul J. Phelps, Esq. SAWICKI & PHELPS 5758 Blackshire Path Inver Grove Heights, MN 55076 The Defendant are represented by: Emily C. Atmore, Esq. John Katuska, Esq. Marc A. Al, Esq. Timothy W. Snider, Esq. STOEL RIVES LLP 33 South Sixth Street, Suite 4200 Minneapolis, MN 55402 INSURANCE SUPERMARKET: Simmons TCPA Suit Transferred to N.D. Cal. ----------------------------------------------------------------- The case styled as Taneisha Simmons, and on behalf of all others similarly situated v. Insurance Supermarket, Inc., Case No. 2:23-cv-11647 was transferred from the U.S. District Court for the Eastern District of Michigan, to the U.S. District Court for the Northern District of California on Sept. 28, 2023. The District Court Clerk assigned Case No. 3:23-cv-04992-PHK to the proceeding. The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. The Bradford Exchange -- http://www.bradfordexchange.com/-- is an American producer and seller of collectible goods, jewelry, sports memorabilia and apparel.[BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Phone: (617) 485-0018 Fax: (508) 318-8100 Email: anthony@paronichlaw.com The Defendant is represented by: Amanda Simpson, Esq. JACKSON LEWIS P.C. 390 North Orange Avenue, Suite 1285 Orlando, FL 32801 Phone: (407) 246-8408 Fax: (407) 246-8441 Email: amanda.simpson@jacksonlewis.com - and - Elyse K. Culberson, Esq. JACKSON LEWIS P.C. 2000 Town Center, Suite 1650 Southfield, MI 48075 Phone: (248) 936-1900 Fax: (248) 936-1901 Email: elyse.culberson@jacksonlewis.com INTERNATIONAL EDUCATION: Faces Ortiz Suit Over Collection Letter ---------------------------------------------------------------- RUBEN ORTIZ, individually and on behalf of all those similarly situated v. INTERNATIONAL EDUCATION CORPORATION D/B/A FCC/UEI/US COLLEGES CORPORATE; AND AUTHORIZE.NET, LLC, Case No. CACE-23-018831 (Fla. Cir., Sept. 26, 2023) alleges that the Defendant violates the Florida Consumer Collection Practices Act in connection with the collection of Consumer Debt. The Plaintiff contends that the Defendant did not have the consent of Plaintiff to communicate with Plaintiff between the hours of9:00 PM and 8:00 AM. On June 29, 2023, the Defendant IEC, through the Defendant Authorize.net, sent an electronic mail communication to the Plaintiff. The Communication was sent from invoice@authorize.net and delivered to the Plaintiff's personal e-mail address. The Communication advised: "Hello Ruben Ortiz, Invoice 496705-MC is now past due since June 27, 2023 with a balance of 4,019.25 USD. We kindly ask that you send your payment as soon as possible." The Communication was sent by the Defendant to the Plaintiff at 6:06:38 AM in Plaintiff's zone, and received by the Plaintiff at 6:06:38 AM in Plaintiff's zone, the lawsuit claims. The "FCCPA Class" consists of: all persons with Florida addresses that the Defendant or someone on Defendant's behalf sent an electronic mail communication to between 9:00 PM and 8:00 AM in connection with the collection of a consumer debt. The Plaintiff is a citizen of the State of Florida, residing in Broward County, Florida. He is the alleged debtor of the Consumer Debt. International Education is the parent company of both UEI College and United Education Institute. [BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Gerald D. Lane, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street,Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com jen@jibraellaw.com gerald@jibraellaw.com INTERNATIONAL FLAVORS: Fails to Pay Employees' OT Wages Under FLSA ------------------------------------------------------------------ MIKE VAN NOTE, on behalf of himself and others similarly situated v. INTERNATIONAL FLAVORS & FRAGRANCES INC., Case No. 2:23-cv-02211-CSB-EIL (C.D. Ill., Sept. 26, 2023) alleges that the Defendant failed to pay employees all overtime wages earned, in violation of the Fair Labor Standards Act of 1938 and the Illinois Minimum Wage Law. The Plaintiff and others similarly situated were allegedly required to complete shift "relief", in which the oncoming employee would discuss the preceding shift with the employee to be relieved, regarding any issues that may have arisen during their shifts. In order to complete "relief" within the mandatory time restraints set by the Defendant, the Plaintiff and others similarly situated were required to arrive to work early. If relief took too long, employees were subject to reprimand/discipline from Defendant, the Plaintiff asserts. Completing the "relief" at shift change was unpaid because the Defendant paid the Plaintiff and others similarly situated only from their shift start times to their shift end times, the Plaintiff claims. Also, managers/supervisors of Named Plaintiff and others similarly situated would sometimes hold mandatory pre-shift meetings, before the employees clocked in. Depending on the day and what was discussed, these meetings could take approximately 15 minutes, and upwards of 30 minutes. Similarly, work activity performed at the end of the shift routinely went unpaid because of the Defendant's strict policy of routinely rounding in its own favor and reprimanding employees for taking too long to complete integral and indispensable work such as giving and receiving shift "relief." The Plaintiff and others similarly situated routinely worked more than 40 hours per workweek. Therefore, the Defendant failed to pay the Plaintiff and other similarly situated hourly production employees for all overtime earned. Accordingly, the Plaintiff seek liquidated damages, interest and attorneys' fees, and all other remedies available on behalf of himself and the FLSA Collective Members. The Plaintiff was employed by the Defendant from 2016 through November 2021, as an hourly, non-exempt production employee. Defendant is a leader in food, beverage, health, biosciences and scent experiences.[BN] The Plaintiff is represented by: Hans A. Nilges, Esq. NILGES DRAHER LLC 7034 Braucher Street NW, Suite B North Canton, OH 44720 Telephone: (330) 470-4428 Facsimile: (330) 754-1430 E-mail: hnilges@ohlaborlaw.com J. HALE INC: DiMeglio Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against J. Hale, Inc. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. J. Hale, Inc. doing business as: Lori's, Case No. 1:23-cv-08553 (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. J. Hale, Inc. doing business as Lori's -- https://www.lorisshoes.com/ -- is a Retail company selling curated selection of exclusive European vendors.[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 LEGENDS MAINGATE: Clement Files ADA Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Legends Maingate, LLC. The case is styled as Vincent Clement, on behalf of himself and all others similarly situated v. Legends Maingate, LLC, Case No. 1:23-cv-07247 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Legends Global Merchandise's -- https://www.legends.net/global-merchandise -- vision is to be the premier retail and merchandising company in the world representing the biggest brands.[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 LINCARE HOLDINGS: Filing of Class Cert Bid Due April 5, 2024 ------------------------------------------------------------ In the class action lawsuit captioned as JANET MORRIS, individually and on behalf of all others similarly situated, v. LINCARE HOLDINGS, INC., Case No. 8:22-cv-02048-CEH-AAS (M.D. Fla.), the Hon. Judge Charlene Edwards Honeywell entered a case management and scheduling order as follows: -- Disclosure of Expert Reports Plaintiff: Dec. 15, 2023 Defendant: Jan. 15, 2024 Rebuttal: Feb. 15, 2024 -- Discovery Deadline Mar. 15, 2024 -- Class Certification Apr. 5, 2024 -- Dispositive Motions, Daubert, and June 28, 2024 Markman Motions -- Meeting In Person to Prepare Joint Oct. 4, 2024 Final Pretrial Statement -- Trial Term Begins Dec. 2, 202 -- Mediation Deadline Jan. 31, 2024 Lincare is a provider of oxygen and other respiratory therapy services to patients in the home. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/462dvoK at no extra charge.[CC] LOREN D. STARK: Vivas Files Suit in S.D. Texas ---------------------------------------------- A class action lawsuit has been filed against Loren D. Stark Company, Inc. The case is styled as Andres Vivas, individually and on behalf of all others similarly situated v. Loren D. Stark Company, Inc., Case No. 4:23-cv-03643 (S.D. Tex., Sept. 28, 2023). The nature of suit is stated as Other Contract for Breach of Contract. Loren D. Stark Company -- https://ldsco.com/ -- is a retirement plan consulting firm.[BN] The Plaintiffs are 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 LOUISIANA CHILDREN'S: Nigro Sues to Recover Unpaid Wages -------------------------------------------------------- Gabriella Nigro, individually and for others similarly situated v. LOUISIANA CHILDREN'S MEDICAL CENTER d/b/a LCMC HEALTH Case No. 2:23-cv-05581-WBV-KWR (E.D. La., Sept. 28, 2023), is brought to recover unpaid wages and other damages from the Defendant in violation of the Fair Labor Standards Act ("FLSA"). The Plaintiff regularly works more than 40 hours in a week. But LCMC Health does not pay them for all their hours worked. Instead, LCMC Health automatically deducts 30 minutes a day from these employees' recorded work time for so-called "meal breaks." The Plaintiff and the Putative Class Members are thus not paid for that time. But the Plaintiff and the Putative Class Members do not actually receive bona fide meal breaks. Instead, LCMC Health requires The Plaintiff and the Putative Class Members to remain on-duty and perform compensable work throughout their shifts, and LCMC Health continuously subjected them to work interruptions during their unpaid "meal breaks." LCMC Health's auto-deduction policy violates the FLSA by depriving The Plaintiff and the Putative Class Members of overtime wages for all overtime hours worked, says the complaint. The Plaintiff works for LCMC Health as an EMT at LCMC Health's East Jefferson General facility in Metairie, Louisiana. LCMC Health own and operates nine hospitals and a network of urgent care facilities across Louisiana.[BN] The Plaintiff is represented by: Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY, LLC 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Phone: 225-925-5297 Facsimile: 225-231-7000 Email: phil@bohrerbrady.com scott@bohrerbrady.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Phone: 713-352-1100 Facsimile: 713-352-3300 Email: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Phone: 713-877-8788 Facsimile: 713-877-8065 Email: rburch@brucknerburch.com - and - William C. (Clif) Alexander, Esq. Austin W. Anderson, Esq. ANDERSON ALEXANDER PLLC 101 N. Shoreline Blvd., Suite 610 Corpus Christi, TX 78401 Phone: 361-452-1279 Facsimile: 361-452-1284 Email: clif@a2xlaw.com austin@a2xlaw.com MDL 3080: 5 Suits Transferred to District of New Jersey ------------------------------------------------------- Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation transfers one case each from the U.S. District Court for the Eastern District of Arkansas, Northern District of Illinois, District of Kansas, Southern District of Mississippi and the District of Montana to the U.S. District Court for the District of New Jersey and, with the consent of that court, assigned to Judge Brian R. Martinotti for coordinated or consolidated pretrial proceedings in In "In re: Insulin Pricing Litigation," MDL No. 3080. The litigation concerns an alleged scheme between insulin manufacturers and pharmacy benefit managers (PBM) to artificially and fraudulently inflate the price of insulin and other diabetes medications. The principal players in the alleged scheme are insulin manufacturers Eli Lilly and Company, Novo Nordisk, Inc., and Sanofi-Aventis U.S., LLC, and three PBMs - CVS Caremark, Express Scripts, Optum Rx, and their various corporate affiliates. From 2017 to 2021, the litigation over these issues was concentrated largely in the District of New Jersey. In the last two years, federal civil actions involving the alleged insulin pricing scheme were filed by Arkansas, Illinois, Mississippi, Montana, and Kansas, as well as other state and local government plaintiffs, in a number of other districts. The parties opposing centralization primarily argue that state-specific issues will make centralization inefficient and informal coordination is a preferable alternative to centralization, and that the state law claims in all actions on the motion and most of the potential tag-along actions differ significantly, and factual differences will arise from the involvement of distinct state governmental agencies and state-funded health insurance plans and programs. The panel, however, held that the assertion of different legal claims or additional facts is not significant where, as here, the actions arise from a common factual core, considering that the alleged conspiracy to fraudulently raise insulin prices is at the heart of all actions, the alleged factual and legal differences implicated by the involvement of distinct state laws and programs do not preclude centralization. A full-text copy of the court's August 3, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3080-Transfer_Order-7-23.pdf MDL 3081: 10 Suits Consolidated in Bard Catheter Product Dispute ----------------------------------------------------------------- Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation transfers five cases from the U.S. District Court for the Western District of Missouri and one each from the District of Arizona, District of Kansas, Eastern District of Missouri, District of New Jersey and the District of New Mexico and consolidates them in the U.S. District Court for the District of Arizona and, with the consent of that court, assigned to Judge David G. Campbell for coordinated or consolidated pretrial proceedings in "In re: Bard Implanted Port Catheter Products Liability Litigation," MDL No. 3081. The actions arise from allegations that defendants manufacture the catheter component of their port devices with a concentration of barium sulfate that is too high, which reduces the material integrity of the catheter, and can lead to injuries, including infection, fracture of the catheter, migration of the catheter, and thrombosis. All actions share common issues of fact regarding whether the design of Bard's port catheters involves a concentration of barium sulfate that reduces the material integrity of the catheters and can cause injury, whether defendants adequately tested the devices, and whether defendants adequately monitored and reported adverse events relating to product failures. Defendants had argued that centralization is unnecessary because they successfully informally coordinated previous similar actions with plaintiffs' counsel, and that those actions resolved early without significant proceedings. However, the panel noted that the current number of involved cases, counsel, and districts would make informal coordination unworkable given the nearly 50 actions pending in 28 districts. The panel selected the District of Arizona - where a constituent action is pending - as the transferee district for this nationwide litigation. A full-text copy of the court's August 8, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3081-Transfer_Order-7-23.pdf MGM RESORTS: Albrigo Files Suit in S.D. California -------------------------------------------------- A class action lawsuit has been filed against MGM Resorts International. The case is styled as Laura Willis Albrigo, individually and on behalf of all other persons similarly situated v. MGM Resorts International, Case No. 3:23-cv-01797-JLS-BLM (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. MGM Resorts International -- https://www.mgmresorts.com/en.html -- is an American global hospitality and entertainment company operating destination resorts in Las Vegas, Massachusetts, Michigan, Mississippi, Maryland, Ohio, and New Jersey.[BN] The Plaintiff is represented by: Lawrence Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Fax: (925) 407-2700 Email: ltfisher@bursor.com MIELE228FLATBUSH LLC: Martin Files ADA Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Miele228Flatbush, LLC. The case is styled as Damian Martin, on behalf of himself and all others similarly situated v. Miele228Flatbush, LLC, Case No. 1:23-cv-07235 (E.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Miele -- http://www.miele.com/-- is a German manufacturer of high-end domestic appliances and commercial equipment, headquartered in Gütersloh, Ostwestfalen-Lippe.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com MILLENNIA TAX: McCoy Files TCPA Suit in E.D. Arkansas ----------------------------------------------------- A class action lawsuit has been filed against Millennia Tax Relief LLC. The case is styled as Kent McCoy, on behalf of himself and all others similarly situated v. Millennia Tax Relief LLC, Case No. 0:23-cv-61801-XXXX (E.D. Ark., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Millennia Tax Relief -- https://millenniataxrelief.com/ -- is a group of expert Tax Attorneys, Enrolled Agents, CPAs and Tax Advisors who specialize in the area of tax preparation, tax debt resolution and filing back taxes.[BN] The Plaintiff is represented by: James A. Streett, Esq. STREETT LAW FIRM, P.A. 107 West Main Russellville, AR 72801 Phone: (479) 968-2030 Email: james@streettlaw.com - and - Joe P. Leniski, Jr., Esq. HERZFELD, SUETHOLZ, GASTEL, LENISKI AND WALL, PLLC 223 Rosa L Parks Avenue, Suite 300 Nashville, TN 37203 Phone: (615) 800-6225 Fax: (615) 994-8625 Email: joey@hsglawgroup.com ND OTM: Court Narrows Claims in Demons Suit ------------------------------------------- In the class action lawsuit captioned as WALTER DEMMONS and KIRK RAMSAY, on behalf of themselves and all others similarly situated, v. ND OTM LLC, Case No. 1:22-cv-00305-NT (D. Me.), the Hon. Judge Nancy Torresen entered an order granting in part and denying in part the Defendant's motion to dismiss. -- The motion to dismiss the Plaintiffs' trespass claim is granted and Count II is dismissed. -- The motion to dismiss the Plaintiffs' nuisance claims, Count I, is denied. The Plaintiffs allege that they have suffered this harm in common with other members of the public. But, crucially, they allege that the Defendants’ violation of the public right has also impacted their private rights as landowners and occupants through diminished property values and interference with their use and enjoyment of property. The Plaintiffs allege that ND OTM has failed to properly maintain and operate the mill since it began producing paper pulp in 2018.2 Compl. sections 20, 24–25, 41–43, 59, 81. ND OTM operates a paper pulp mill in Old Town, Maine. A copy of the Court's order dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/463DTyn at no extra charge.[CC] NEW YORK, NY: Fennell Seeks Oct. 13 Extension to File Class Cert ----------------------------------------------------------------- In the class action lawsuit captioned as Fennell v. New York City Department of Corrections, et al., Case No. 1:20-cv-03982 (S.D.N.Y., Filed May 18, 2020), the Plaintiff seeks for a 14-day extension of the deadline to file a motion for class certification. Fortunately, things are better health-wise, but modest additional time is needed to write and file the motion and brief. We have conferred with counsel for the Defendants, and the Defendants have no objection to a 14-day extension of the class certification deadline, up to and including October 13, 2023, the Plaintiff contend. The current class certification motion deadline is September 29, 2023. The parties have completed class certification-related discovery, and the Plaintiffs have made their class certification expert disclosures, as reflected in the Notice of Service filed on the Court's docket. The Plaintiffs in the action concerns conditions of confinement in NYCDOC facilities during the pandemic. The nature of suit states Prisoner Civil Rights. A copy of the Plaintiff's motion dated Sept. 15, 2023 is available from PacerMonitor.com at https://bit.ly/3RyOKfk at no extra charge.[CC] The Plaintiff is represented by KEENAN & BHATIA, LLC www.keenanbhatia.com 90 Broad Street, Suite 200 New York, NY 10004 Telephone: (917) 975-5278 NEW YORK, NY: Kelly Seeks Oct. 13 Extension to File Class Cert Bid ------------------------------------------------------------------ In the class action lawsuit captioned as Kelly v. New York City Department of Corrections, et al., Case No. 1:20-cv-03990 (S.D.N.Y., Filed May 18, 2020), the Plaintiff seeks for a 14-day extension of the deadline to file a motion for class certification. Fortunately, things are better health-wise, but modest additional time is needed to write and file the motion and brief. We have conferred with counsel for the Defendants, and the Defendants have no objection to a 14-day extension of the class certification deadline, up to and including October 13, 2023, the Plaintiff contend. The current class certification motion deadline is September 29, 2023. The parties have completed class certification-related discovery, and the Plaintiffs have made their class certification expert disclosures, as reflected in the Notice of Service filed on the Court's docket. The Plaintiffs in the action concerns conditions of confinement in NYCDOC facilities during the pandemic. The nature of suit states Prisoner Civil Rights. A copy of the Plaintiff's motion dated Sept. 15, 2023, is available from PacerMonitor.com at https://bit.ly/3PzKARO at no extra charge.[CC] The Plaintiff is represented by KEENAN & BHATIA, LLC www.keenanbhatia.com 90 Broad Street, Suite 200 New York, NY 10004 Telephone: (917) 975-5278 NOPALERA INC: Miller Files ADA Suit in W.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Nopalera Inc. The case is styled as Kimberly Miller, on behalf of herself and all other persons similarly situated v. Nopalera Inc., Case No. 1:23-cv-01032 (W.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Nopalera -- https://nopalera.co/ -- creates Mexican botanical products for bath and body that celebrate and elevate Latino culture.[BN] The Plaintiff is represented by: Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th Street, Suite PHR New York, NY 10003 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: jeffrey@gottlieb.legal - and - Michael A. LaBollita, Esq. GOTTFRIED & GOTTFRIED, LLP 122 East 42nd. St., Suite 620 New York, NY 10168 Phone: (212) 228-9795 Email: michael@gottlieb.legal NUTRITIONAL SPORT: Mercedes Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Nutritional Sport Supplements, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Nutritional Sport Supplements, Inc., Case No. 1:23-cv-08558 (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Nutritional Sport Supplements, Inc. doing business as GotProtein.com -- https://www.gotprotein.com/ -- offer the latest in Sports Nutrition, Vitamins and Herbs at Everyday Low Prices.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com OPTIMAL HEALTH: DiMeglio Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Optimal Health Systems, LLC. The case is styled as Maria DiMeglio, on behalf of herself and all others similarly situated v. Optimal Health Systems, LLC, Case No. 1:23-cv-08546 (S.D.N.Y., Sept. 28, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Optimal Health Systems -- https://www.optimalhealthsystems.com/ -- is a holistic health company.[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 PARAMOUNT GLOBAL: To Settle Shareholder Suit Over Merger Deal ------------------------------------------------------------- Paramount Global disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 8, 2023, that in May 2023, the parties to a consolidated action captioned "In re CBS Corporation Stockholder Class Action and Derivative Litigation," entered into a settlement agreement that provides for, among other things, the final dismissal in exchange for a settlement payment to the company in the amount of $167.5 million, less administrative costs and plaintiffs' counsels’ fees and expenses. The settlement is subject to the final approval of the Delaware Chancery Court. Beginning in February 2020, three purported CBS stockholders filed separate derivative and/or putative class action lawsuits in the Court of Chancery of the State of Delaware. In March 2020, the Delaware Chancery Court consolidated the three lawsuits and appointed Bucks County Employees Retirement Fund and International Union of Operating Engineers of Eastern Pennsylvania and Delaware as co-lead plaintiffs. In April 2020, the lead plaintiffs filed a Verified Consolidated Class Action and Derivative Complaint against Shari E. Redstone, National Amusements, Inc., Sumner M. Redstone National Amusements Trust, additional members of the CBS Board of Directors (including Candace K. Beinecke, Barbara M. Byrne, Gary L. Countryman, Linda M. Griego, Robert N. Klieger, Martha L. Minow, Susan Schuman, Frederick O. Terrell and Strauss Zelnick), former CBS President and Acting Chief Executive Officer Joseph Ianniello and the Company as nominal defendant. The complaint alleges breaches of fiduciary duties in connection with the negotiation and approval of an Agreement and Plan of Merger, dated as of August 13, 2019, between CBS and Viacom. The Complaint also alleges waste and unjust enrichment in connection with certain aspects of Mr. Ianniello's compensation awards. The complaint seeks unspecified damages, costs and expenses, as well as other relief. In June 2020, the defendants filed motions to dismiss the complaint. In January 2021, the Delaware Chancery Court dismissed one disclosure claim, while allowing all other claims against the defendants to proceed. In January 2022, the Delaware Chancery Court granted Bucks County Employees Retirement Fund's motion to withdraw as a co-lead plaintiff in the CBS Litigation. In December 2022, the Delaware Chancery Court dismissed the fiduciary duty claim against Mr. Klieger. Paramount Global is a global media, streaming and entertainment company that creates premium content and experiences for audiences worldwide. It owns CBS Television Network. PEOPLES BANK: Fails to Secure Customers' Personal Info, Suit Says ----------------------------------------------------------------- STEPHEN McDONALD, individually, and on behalf of all others similarly situated v. PEOPLES BANK, successor to LIMESTONE BANK, INC., Case No. 2:23-cv-03084-MHW-EPD (S.D. Ohio, Sept. 26, 2023) alleges that the Defendant improperly and inadequately safeguarded the sensitive personal information of the Plaintiff and Class Members. On September 15, 2023, Peoples Bank announced that Limestone Bank had been the recipient of a hack and exfiltration of the SPI involving approximately 47,590 current and former customers. The Peoples Bank stated that the hack occurred between November 21, 2022 and March 23, 2023. Peoples Bank states that Limestone Bank "identified unusual activity involving an employee's email account" and that it "immediately took steps to secure the account and began an investigation." However, it does not explain why it took nearly six months after the last possible date of the data breach, and nearly ten months since the earliest date to inform affected individuals of the Data Breach, the lawsuit claims. The Peoples Bank reported that this SPI included at least Social Security numbers, full names, and financial account numbers. On September 21, 2023, the Plaintiff was notified via a physical letter (dated September 15, 2023) from the Defendant that he had been the victim of the Data Breach. The Plaintiff has experienced a surge in spam calls and texts roughly coincident with the timing of the Data Breach, indicating that hackers are already trying to take advantage of the release of his SPI, the lawsuit alleges. Additionally, on the morning of September 25, 2023, the Plaintiff received an email notice from the Defendant that someone had attempted to login using his username. The Plaintiff did not make this login attempt. The Plaintiff and Class members now face a present and imminent lifetime risk of identity theft, which is heightened here by the loss of Social Security numbers, the lawsuit asserts. Plaintiff Stephen McDonald is a citizen of Kentucky, residing in Ohio County. Peoples Bank is a chartered bank, with locations in Kentucky, Ohio, Maryland, Virginia, West Virginia, and the District of Columbia.[BN] The Plaintiff is represented by: Michelle Kranz, Esq. ZOLL & KRANZ, LLC 6620 West Central Avenue, Suite 100 Toledo, OH 43617 Telephone: (419) 841-9623 E-mail: Michelle@toledolaw.com - and - Carl V. Malmstrom, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC 111 W. Jackson Blvd., Suite 1700 Chicago, IL 60604 Telephone: (312) 984-0000 Facsimile: (212) 686-0114 E-mail: malmstrom@whafh.com RECKITT BENCKISER: Riccio Sues Over False Nasal Decongestant Ad --------------------------------------------------------------- ROSE RICCIO, on behalf of herself and all others similarly situated, Plaintiff v. RECKITT BENCKISER PHARMACEUTICALS INC., Defendant, Case No. 1:23-cv-13879 (N.D. Ill., Sept. 19, 2023) seeks relief as a class action on behalf of the Plaintiff and similarly situated purchasers of Reckitt's phenylephrine hydrochloride (PE) nasal decongestant pills and acetaminophen pain relief pills, for unjust enrichment and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, Illinois Uniform Deceptive Trade Practices Act, and State consumer protection laws. According to the complaint, Reckitt takes advantage of the consumer preference for strong relief by prominently representing the alleged strength of the Mucinex PE Products in one place every consumer looks when purchasing a product -- the front packaging. Reckitt misleads consumers into believing their ingredients are suited to providing the strongest decongestant relief available over the counter. Despite marketing these Products as "MAXIMUM STRENGTH," Reckitt knew the active nasal decongestant ingredient in them, phenylephrine hydrochloride, was not as strong as other decongestants available without a prescription, says the suit. The Plaintiff purchased "Mucinex Sinus-Max Severe Congestion & Pain" within the applicable statute of limitations period, most recently in 2023. Reckitt Benckiser Pharmaceuticals Inc. is a global specialty pharmaceutical company.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and - Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Rd., Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 E-mail: nsuciu@milberg.com - and - Jeff Ostrow, Esq. Jonathan M. Streisfeld, Esq. Kristen Lake Cardoso, Esq. Daniel Tropin, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: ostrow@kolawyers.com streisfeld@kolawyers.com cardoso@kolawyers.com tropin@kolawyers.com - and - Melissa S. Weiner, Esq. Ryan J. Gott, Esq. PEARSON WARSHAW, LLP 328 Barry Avenue South, Suite 200 Wayzata, MN 55391 Telephone: (612) 389-0600 E-mail: mweiner@pwfirm.com rgott@pwfirm.com - and - Erin Ruben, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 E-mail: eruben@milberg.com - and - J. Hunter Bryson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 405 E 50th Street New York, NY 10022 Telephone: (630) 796-0903 E-mail: hbryson@milberg.com - and - Karl Amelchenko, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 E-mail: kamelchenko@milberg.com - and - Jimmy Mintz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 201 Sevilla Ave., 2nd Floor Coral Gables, FL 33134 Telephone: (786) 876-8200 E-mail: jmintz@milberg.com RETROFITNESS LLC: Thiessen Sues Over Prerecorded Voice Messages --------------------------------------------------------------- DIEDRICH THIESSEN, individually and on behalf of all others similarly situated, Plaintiff v. RETROFITNESS, LLC, Defendant, Case No. 0:23-cv-61798 (S.D. Fla., Sept. 19, 2023) is a putative class action against the Defendant for alleged violation of the Telephone Consumer Protection Act. According to the complaint, to market its business, the Defendant uses prerecorded voice messages to send to individuals' cellular phone numbers without first obtaining the required express written consent. Through this action, the Plaintiff seeks injunctive relief to halt Defendant's illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals. The Plaintiff also seeks statutory damages on behalf of Plaintiff and members of the Class, and any other available legal or equitable remedies. Retrofitness Inc. is a fitness club offering gym services.[BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com RGH ENTERPRISES: Faces Corona Wage-and-Hour Suit in Calif. ---------------------------------------------------------- IMELDA PARRA CORONA, an individual, on behalf herself, the State of California, as private attorney general, and on behalf of all others similarly situated, Plaintiff v. RGH ENTERPRISES, LLC, an Ohio Limited Liability Corporation doing business as HHI Enterprises, LLC; and DOES 1 to 50, Defendants, Case No. CIV SB 2322845 (Cal. Super., San Bernardino Cty., Sept. 19, 2023) arises from the Defendants' alleged unlawful labor practices in violation of the California Labor Code and the California Business and Professions Code. The Plaintiff brings this action on behalf of herself and the Class Members against Defendants for their failure to pay all minimum wages; failure to pay all overtime wages; failure to provide meal periods and pay missed meal period premiums; failure to provide rest periods and pay missed rest period premiums; failure to maintain accurate employment records; failure to pay wages timely during employment; failure to pay all wages earned and unpaid at separation; failure to indemnify all necessary business expenditures; failure to furnish accurate itemized wage statements; and engagement in unfair competition. The Plaintiff was employed by Defendants within the statutory Class Period and PAGA Period, working as an hourly, non-exempt general worker/picker responsible for picking and sorting orders, operating carts, etc. as required by Defendants. RGH Enterprises, LLC is doing business in San Bernardino County and is and/or was the legal employer of Plaintiff, the other aggrieved employees, and the other Class Members during the applicable statutory periods.[BN] The Plaintiff is represented by: Mehrdad Bokhour, Esq. BOKHOUR LAW GROUP, P.C. 1901 Avenue of the Stars, Suite 450 Los Angeles, CA 90067 Telephone: (310) 975-1493 Facsimile: (310) 675-0861 E-mail: mehrdad@bokhourlaw.com - and - Michelle Eshaghian, Esq. ESHAGHIAN LAW, PC 1901 Avenue of the Stars, Suite 450 Los Angeles, CA 90067 Telephone: (310) 531-8090 Facsimile: (310) 531-8070 E-mail: michelle@eshlegal.com RIVERSTONE COMMUNITIES: Rodriguez Seeks Initial OK of Settlement ---------------------------------------------------------------- In the class action lawsuit captioned as IRMA RODRIGUEZ and ETHEL DOLORES LAWSON, on behalf of themselves and all others similarly situated, v. RIVERSTONE COMMUNITIES, LLC, INDIAN CREEK PARENT, LLC, INDIAN CREEK MHP, LLC, INDIAN CREEK DEALER, LLC, and INDIAN CREEK ASSOCIATION LLC, Case No. 5:21-cv-00486-D (E.D.N.C.), the Plaintiffs file an unopposed motion for order granting preliminary approval of class action settlement, certifying the class and subclass for purposes of settlement, and directing notice to class. Riverstone is a private company founded in 1998 that owns and operates over 70 manufactured housing communities throughout the United States. A copy of the Plaintiffs' motion dated Sept. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3Rydzbp at no extra charge.[CC] The Plaintiffs are represented by: Katharine Woomer-Deters, Esq. Jason Pikler, Esq. Carlene McNulty, Esq. NORTH CAROLINA JUSTICE CENTER Raleigh, NC 27611 Telephone: (919) 861-2072 Facsimile: (919) 856-2175 E-mail: kate@ncjustice.org jason.pikler@ncjustice.org carlene@ncjustice.org - and - Stuart T. Rossman, Esq. NATIONAL CONSUMER LAW CENTER 7 Winthrop Square, 4th Floor Boston, MA 02110 Telephone: (617) 542-8010 E-mail: srossman@nclc.org The Defendants are represented by: Scott E. Bayzle, Esq. Corri A. Hopkins, Esq. PARKER POE ADAMS & BERNSTEIN, LLP 301 Fayetteville Street, Suite 1400 Raleigh, NC 27601 E-mail: scottbayzle@parkerpoe.com corrihopkins@parkerpoe.com - and - Joseph Aviv, Esq. Patrick Rawsthorne, Esq. HONIGMAN LLP 39400 Woodward Avenue, Suite 101 Bloomfield Hills, MI 48304 Telephone: (248) 566-8300 E-mail: javiv@honigman.com prawsthorne@honigman.com ROM LLC: FLSA Conditional Certification Bid Due Jan. 10, 2024 ------------------------------------------------------------- In the class action lawsuit captioned as JUSTIN PANNULLO, On behalf of himself and all others similarly situated, v. ROM LLC, d/b/a STRETCH ZONE, Case No. 2:23-cv-00784-WED (E.D. Wis.), the Hon. Judge William E. Duffin entered an scheduling order as follows: 1. The parties shall make their initial Oct. 18, 2023 disclosures to the opposing party in accordance with Fed. R. Civ. P. 26(a) no later than: 2. The parties may join other parties and Oct. 18, 2023 amend the pleadings without leave of court no later than: 3. The Plaintiff's motion for conditional Jan. 10, 2024 certification under the FLSA shall be filed no later than: 4. Counsel shall meet and discuss settlement April 19, 2024 prior to: 5. All discovery is to be completed by: Nov. 20, 2024 A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3tb45Zk at no extra charge.[CC] RUST-OLEUM CORPORATION: Class Cert Hearing in Bush Reset to Nov. 9 ------------------------------------------------------------------ In the class action lawsuit captioned as ANTHONY BUSH, individually and on behalf of all others similarly situated, v. RUST-OLEUM CORPORATION, Case No. 3:20-cv-03268-LB (N.D. Cal.), the Hon. Judge Laurel Beeler entered an order that the hearing on the Plaintiff's motion for class certification, Defendant's motion for summary judgment, Plaintiff's motion to exclude Dr. Kivetz, and Defendant's motion to exclude Dr. Dennis is stricken and reset from Oct, 12, 2023 to Nov. 9, 2023. Rust-Oleum is a manufacturer of protective paints and coatings for home and industrial use. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/46mAuun at no extra charge.[CC] S.C. JOHNSON: Filing for Class Cert Bid Due March 17, 2025 ---------------------------------------------------------- In the class action lawsuit captioned as MARGARET PEGGI LOUISE GARVEY, on behalf of herself and all others similarly situated, v. S.C. JOHNSON & SON, INC., Case No. 4:23-cv-01518-JSW (N.D. Cal.), the Hon. Judge Jeffrey S. White entered an order modifying joint case management order as follows: Event Deadline Deadline for Plaintiff to file Class March 17, 2025 Certification Motion and any supporting expert reports Deadline for Defendant to depose April 30, 2025 Plaintiff's class-certification-related experts Deadline for Defendant to file June 16, 2025 Opposition to Class Certification Motion and any supporting expert reports Deadline for Plaintiff to depose July 30, 2025 Defendant's class-certification-related experts Deadline for Plaintiff to File Reply Aug. 18, 2025 in Support of Certification Motion Hearing on Certification Motion Sept. 5, 2025 The Plaintiff alleges she purchased Ziploc (TM) Brand seal top bags from Defendant that were marketed and/or labeled as "recyclable. " The Plaintiff contends that the products' marketing and/or labeling of the products is false and deceptive because the products are made from low-density polyethylene (LDPE or Plastic #4) film that is not recyclable. Defendant states that Ziploc (TM) bags are properly labeled as "recyclable when clean and dry at drop-off bins at participating retailers," accordingly denies Plaintiff's allegations, and disputes that Plaintiff has been harmed or is entitled to any relief on behalf of herself or any putative class. S. C. Johnson is an American multinational corporation, privately held manufacturer of household cleaning supplies and other consumer chemicals. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3t8HrB1 at no extra charge.[CC] The Plaintiff is represented by: Daniel J. Orlowsky, Esq. ORLOWSKY LAW, LLC 7777 Bonhomme Ave., Suite 1910 St. Louis, MO 63105 Telephone: (314) 725-5151 Facsimile: (314) 455-7375 E-mail: dan@orlowskylaw.com - and - Adam M. Goffstein, Esq. GOFFSTEIN LAW, LLC 7777 Bonhomme Ave., Suite 1910 St. Louis, MO 63105 Telephone: (314) 725-5151 Facsimile: (314) 455-7278 E-mail: adam@goffsteinlaw.com - and - James A. Morris, Esq. Shane A. Greenberg, Esq. MORRIS LAW FIRM 4111 W. Alameda Avenue, Suite 611 Burbank, CA 91505 Telephone: (747) 283-1144 Facsimile: (747) 283-1143 E-mail: jmorris@jamlawyers.com sgreenberg@jamlawyers.com The Defendant is represented by: Robyn E. Bladow, Esq. Edwin John U, P.C., Esq. Michael A. Glick, Esq. KIRKLAND & ELLIS LLP 5555 South Flower Street, Suite 3700 Los Angeles, CA 90071 Telephone: (213) 680-8400 Facsimile: (213) 680-8500 E-mail: Robyn.bladow@kirkland.com Edwin.u@kirkland.com Michael.glick@kirkland.com SIMPLE CUTS: Ribera Sues Over Landscape Laborers' Unpaid OT ----------------------------------------------------------- TONY RIBERA, on behalf of himself and all persons similarly situated, Plaintiff v. SIMPLE CUTS, LLC, FRANK CIUFO, Individually and ANGELA DELILLO CIUFO, Individually, Defendants, Case No. 3:23-cv-20461 (D.N.J., Sept. 19, 2023) is a class action against the Defendants arising from their alleged violation of the Fair Labor Standards Act, the New Jersey State Wage and Hour Law, and the New Jersey Wage Payment Law. According to the complaint, beginning in August 2022, and continuing to August 2023, the Defendants engaged in a policy and practice of requiring Plaintiff and members of the putative collective to regularly work in excess of 40 hours per week, without providing overtime compensation as required by applicable federal and New Jersey state law. Plaintiff Ribera was employed by Defendants from August 2022 until August 2023 as a landscape laborer performing duties in furtherance of Defendants' landscape services business. Simple Cuts is a foreign limited liability company with its main business address listed as 310 Reyna Place, Neshanic Station, New Jersey.[BN] The Plaintiff is represented by: Andrew Glenn, Esq. Jodi J. Jaffe, Esq. JAFFE GLENN LAW GROUP 300 Carnegie Center, Suite 150 Princeton, NJ 08540 Telephone: (201) 687-9977 Facsimile: (201) 595-0308 E-mail: aglenn@jaffeglenn.com jjaffe@jaffeglenn.com SMART TALK: Faces Roepsch Suit Over Unsolicited Text Messages ------------------------------------------------------------- GRANT ROEPSCH, individually and on behalf of all others similarly situated, Plaintiff v. SMART TALK TRANSPORT CORP., Defendant, Case No. 1:23-cv-23595 (S.D. Fla., Sept. 19, 2023) is a putative class action against the Defendant for alleged violation of the Telephone Consumer Protection Act. According to the complaint, to promote its goods and services, Defendant engages in unsolicited text messaging and continues to text message consumers after they have opted out of Defendant's solicitations. Through this action, Plaintiff seeks injunctive relief to halt Defendant's illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals. The Plaintiff also seeks statutory damages on behalf of Plaintiff and members of the Class, and any other available legal or equitable remedies. Smart Talk Transport Corp. is an American car shipping company.[BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com SPARK ENERGY: Brenner Suit Asserts TCPA Breach ---------------------------------------------- KASHUN BRENNER, individually and on behalf of all others similarly situated, Plaintiff v. SPARK ENERGY LLC, Defendant, Case No. 4:23-cv-03527 (S.D. Tex., Sept. 19, 2023) is a putative class action against the Defendant for alleged violation of the Telephone Consumer Protection Act. According to the complaint, to promote its goods and services, Defendant uses prerecorded messages to individuals' telephones numbers without first obtaining the required express written consent. Through this action, Plaintiff seeks injunctive relief to halt Defendant's illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals. The Plaintiff also seeks statutory damages on behalf of Plaintiff and members of the Class, and any other available legal or equitable remedies available or allowed by law. Spark Energy LLC is an electric utility company in Houston, Texas.[BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com STATE BAR OF GEORGIA: Court Stays Discovery in Mignott Suit ------------------------------------------------------------ In the class action lawsuit captioned as MARSHA W. MIGNOTT, Individually and On Behalf of All Others Similarly Situated, v. STATE BAR OF GEORGIA FOUNDATION, INC., et al., Case No. 1:23-cv-01834-ELR (N.D. Ga.), the Hon. Judge Eleanor L. Ross entered an order granting the Defendants' "Motion to Stay Discovery Pending Resolution of Their Pending Motion to Dismiss." The Court stays all discovery in this matter pending a further order of the Court. Further, the Court strikes the Parties' "Joint Preliminary Report and Discovery Plan." The Plaintiff Mignott filed the case on April 23, 2023, alleging on behalf of herself and a putative class—a sole cause of action pursuant to 42 U.S.C. section 1981 against the Defendants State Bar of Georgia Foundation, Inc.; State Bar of Georgia Office of the General Counsel; and William Van Hearnburg, Jr., in his official capacity as Assistant General Counsel for the State Bar of Georgia. On May 11, 2023, Defendants timely moved to dismiss Plaintiff's Complaint in its entirety. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3ZsA1EK at no extra charge.[CC] SUPERSTORE LLC: Class Settlement in Corral Suit Gets Initial Nod ----------------------------------------------------------------- In the class action lawsuit captioned as JUAN CARLOS CORRAL, individually and on behalf of all similarly situated and/or aggrieved employees of Defendants in the State of California, v. STAPLES THE OFFICE SUPERSTORE LLC, a limited liability company authorized to do business in the state of California, and DOES 1 through 50 inclusive, Case No. 2:22-cv-01254-MCS-PVC (C.D. Cal.), the Hon. Judge Mark C. Scarsi entered an order granting motion for preliminary approval of class action settlement. The following dates shall govern for purposes of this Settlement: Action Date Deadline for Defendant to submit Class 10 business days Member and PAGA Group Member information from entry of this to Settlement Administrator Order Settlement Administrator to mail Class 5 business days Notice to Class Members from receipt of Class Member information from Defendant Deadline for Class Members to mail 45 days from initial Requests for Exclusion mailing of Class Notice Deadline for Class Members to file and 45 days from initial serve any objections to the Settlement mailing of Class Notice Deadline for Class Counsel to file Motion Dec. 11, 2023 for Final Approval of Class Action Settlement, PAGA Settlement, Motion for Attorneys' Fees and Costs Final Approval Hearing Jan. 8, 2024 The Plaintiff's initial complaint was filed in state court and alleged Defendant failed to provide meal periods, provide rest periods, maintain accurate records, engaged in unlawful, unfair, and/or fraudulent business practices, and was liable under California's Private Attorneys General Act (PAGA), California Labor Code section 2698 et seq. Staples retails office supplies. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/462nESp at no extra charge.[CC] SYNEOS HEALTH: Reiburn Sues Over Sales Representatives' Unpaid OT ----------------------------------------------------------------- RONNI REIBURN, individually and on behalf all others similarly situated, Plaintiff v. SYNEOS HEALTH, INC., Defendant, Case No. CACE-23-018607 (Fla. Cir., 17th Judicial, Broward Cty., Sept. 19, 2023) arises from the Defendant's violation of the Fair Labor Standards Act by failing to pay Plaintiff and other Collective Action Members overtime premium compensation for hours worked over 40 in a single workweek. Plaintiff Reiburn was employed by Syneos as a sales representative at all times relevant to this matter. She asserts that Syneos employs sales representatives as overtime wage exempt employees to promote and sell its clients' products to medical professionals throughout the U.S. Syneos is a biopharmaceutical solutions organization which provides contract research and commercial services to pharmaceutical and biotechnology companies, including commercial services to market health treatments.[BN] The Plaintiff is represented by: Gregg I. Shavitz, Esq. Paolo C. Meireles, Esq. Tamra C. Givens, Esq. SHAVITZ LAW GROUP, P.A. 951 Yamato Road, Suite 285 Boca Raton, FL 33431 Telephone: (561) 447-8888 Facsimile: (561) 447-8831 TRANSWORLD SYSTEMS: Faces Rivero Suit Over False Itemization Date ----------------------------------------------------------------- NATALIE RIVERO, individually and on behalf of all those similarly situated v. TRANSWORLD SYSTEMS, INC., Case No. CACE-23-018826 (Fla. Cir., Sept. 26, 2023) is a punitive class action arising from Defendant's violations of the Fair Debt Collection Practices Act. On May 5, 2023, the Defendant sent a collection letter to the Plaintiff in an attempt to collect the Consumer Debt. The Defendant identifies April 30,2023, as the itemization date of the Consumer Debt in the Collection Letter. The Represented Itemization Date falsely represents the character of the Consumer Debt because the Represented Itemization Date is not an itemization date permitted by C.F.R. section 1006.34(b)(3). The use of the Represented Itemization Date wrongfully causes the least sophisticated consumer to falsely believe that the Represented Itemization Date is the Last Statement Date, the Charge Off Date, the Last Payment Date, the Transaction Date, or the Judgment, the Plaintiff alleges. The Plaintiff seeks to represent the below-defined "Itemization Date Class." The "Itemization Date Class" consists of: [l] all persons with Florida addresses [2] that were sent a letter [3] from and/or by the Defendant, or someone on the Defendant's behalf [4]in an attempt to collect a debt [5] during the twelve [12] months preceding the filing of this Class Action Complaint [6] whereby said letter is required to provide an "itemization date" required by C.F.R. section 1006.34(b)(3)[7] and the "itemization date" provided is not Last Statement Date, the Charge Off Date, the Last Payment Date, the Transaction Date, or the Judgment Date associated with the underlying debt. The Defendant and its employees or agents are excluded from the Itemization Date Class. The Plaintiff is a citizen of the State of Florida, residing in Broward County, Florida. The Defendant is a business entity engaged in the business of collecting consumer debts.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer G. Simil, Esq. Gerald D. Lane, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com jen@jibraellaw.com gerald@jibraellaw.com UBER TECHNOLOGIES: Eller Sues Over Unsolicited Text Messages ------------------------------------------------------------ JOSHUA ELLER, individually and on behalf of all others similarly situated, Plaintiff v. UBER TECHNOLOGIES, INC., Defendant, Case No. 4:23-cv-03526 (S.D. Tex., Sept. 19, 2023) is a putative class action against the Defendant for alleged violation of the Telephone Consumer Protection Act. According to the complaint, the Defendant engages in unsolicited text messaging to promote its goods and services and continues to text message consumers after they have opted out of Defendant's solicitations. Through this action, the Plaintiff seeks injunctive relief to halt Defendant's illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals. The Plaintiff also seeks statutory damages on behalf of Plaintiff and members of the Class, and any other available legal or equitable remedies. Uber Technologies, Inc. provides ride-hailing services, food delivery, and freight transport.[BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com ULTA SALON: Faces Badlu Suit Over Failure to Pay Timely Wages ------------------------------------------------------------- PRISCILLA DEVI BADLU, individually and on behalf of others similarly situated, Plaintiff v. ULTA SALON, COSMETICS & FRAGRANCES, INC., Defendant, Case No. 615149/2023 (N.Y. Sup., Nassau Cty., Sept. 19, 2023) is a class action brought pursuant to New York Labor Law to recover damages for delinquent wage payments made to Plaintiff and similarly situated workers who qualified as manual laborers and who were employed by Defendant. The Plaintiff alleges that Defendant compensated him and all its employees on a bi-weekly (every other week) basis, regardless of whether said employees qualified as manual laborers under the NYLL. The Plaintiff was employed by the Defendant from approximately September 2016 until February 2018 at Ulta Salon's Commack location where she worked in a non-exempt, hourly position. Ulta Salon, Cosmetics & Fragrances, Inc. operates as a beauty store with headquarters and principal place of business located in Bolingbrook, Illinois.[BN] The Plaintiff is represented by: Brett R. Cohen, Esq. Jeffrey K. Brown, Esq. Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 VINEYARD VINES: Illegally Charges Tax Monies, Santana Alleges ------------------------------------------------------------- KARLA SANTANA and ANDREA FAHEY, individually and on behalf of all others similarly situated v. VINEYARD VINES, LLC, Case No. 1:23-cv-23675- (S.D. Fla., Sept. 26, 2023) sues the Defendant for illegally and erroneously charging tax monies on the shipping and handling fees on products purchased from the Defendant's internet website and shipped to consumers in the State of Florida, even though customers are given the option to pick up the goods in-person, resulting in the overcollection of monies from Florida consumers. The Plaintiffs bring this action on behalf of themselves and a proposed class of persons who purchased goods from the Defendant through its internet website for shipment in the State of Florida. On July 15, 2023, Ms. Santana purchased one Westerly Tie-Front Linen Dress for $42.49 (after applying a $42.50 discount to the purchase) to be delivered to 4340 SW 159th Avenue, Miami, FL 33185. Under Florida law, the Defendant was only permitted to charge $2.97 in sales tax, which amounted to 7% of the $42.49 price of product. Instead, the Defendant charged $3.57 in sales tax¸ which amounted to 7% of the $42.49 price of product + $8.50 separately stated shipping and handling fee, resulting in the overcollection of monies. On July 21, 2022, Ms. Fahey purchased one Printed Surftee for $13.97 to be delivered to 349 Midvale Terrace, Sebastian, FL 32958. Under Florida law, the Defendant was only permitted to charge $0.98 in sales tax, which amounted to 7% of the $13.97 price of product. Instead, the Defendant charged $1.58 in sales tax¸ which amounted to 7% of the $13.97 price of product + $8.50 separately stated shipping and handling fee, resulting in the overcollection of monies, the lawsuit claims. As a direct and proximate result of the Defendant's negligence, the Plaintiffs, and all others similarly situated, paid sales tax on non-taxable services; namely, the separately stated shipping and handling fee. Due to the Defendant's negligence, the Plaintiffs seek damages, an order enjoining the Defendant from the unlawful practices, reasonable attorneys' fees and any other relief the Court deems proper, asserts the lawsuit. Vineyard is an American clothing and accessory retailer.[BN] The Plaintiffs are represented by: Stephen A. Beck, Esq. Jonathan L. Wolloch, Esq. BURSOR & FISHER, P.A. 701 Brickell Ave., Suite 1420 Miami, FL 33131 Telephone: (305) 330-5512 Facsimile: (305) 676-9006 E-mail: sbeck@bursor.com jwolloch@bursor.com W. W. NORTON: General Pretrial Management Order Entered in Dimeglio ------------------------------------------------------------------- In the class action lawsuit captioned as MARIA DIMEGLIO, v. W. W. NORTON & COMPANY, INC., Case No. 1:23-cv-07997-JHR-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses entered an order regarding general pretrial management: -- All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. -- Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. -- Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and section 2(b) of Judge Moses's Individual Practices. WW Norton publishes and prints books. A copy of the Court's order dated Sept. 13, 2023, is available from PacerMonitor.com at https://bit.ly/3PuTOir at no extra charge.[CC] Asbestos Litigation ASBESTOS UPDATE: Court Tosses $223.8MM J&J Talc Cancer Verdict -------------------------------------------------------------- Brandon Pierson of Reuters reports that a New Jersey appeals court threw out a $223.8 million verdict against Johnson & Johnson (JNJ.N) that a jury had awarded to four plaintiffs who claimed they developed cancer from being exposed to asbestos in the company's talc powder products. The Superior Court of New Jersey, Appellate Division found that a lower court judge should not have allowed some of the scientific expert testimony the plaintiffs presented to jurors at trial. According to Mr. Pierson, J&J Worldwide Vice President of Litigation Erik Haas said in a statement that the decision "resoundingly rejects ... the 'junk science' advanced by purported 'experts' paid by the mass tort asbestos bar." The company again said that its talc products are safe and do not contain asbestos. A lawyer for the plaintiffs did not immediately respond to a request for comment. Mr. Pierson recounts that the jury in the case had ordered the company to pay $37.2 million in compensatory damages and $750 million in punitive damages, though that amount was automatically reduced to $186.5 million under state law. In reversing the verdict and ordering a new trial, a three-judge panel of the appeals court found that the trial court failed to fulfill its "gatekeeping role" of assessing whether the plaintiffs' experts based their testimony on sound science. In their opinion, the judges found that three experts had not explained the facts or methods they used to support their opinions that the plaintiffs got cancer from being exposed to asbestos in talc products, Mr. Pierson states. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. 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