/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/231024.mbx C L A S S A C T I O N R E P O R T E R Tuesday, October 24, 2023, Vol. 25, No. 213 Headlines ALDER PROTECTION: Bid to Extend Class Cert Response Deadline OK'd ALL STAR AUTO: Bombardier Sues Over Untimely Payment of Wages AVALONBAY COMMUNITIES: Glasner Sues Over Religious Discrimination AXON ENTERPRISE: City of Augusta Sues Over Unlawful Monopoly BEAM DISTRIBUTING: Hudson Files Suit in N.D. Georgia BELCAM INC: Tarr Files ADA Suit in S.D. New York BLACKHAWK NETWORK: Mikec Files Suit in W.D. Louisiana BLUE COLLAR: Zelvin Files ADA Suit in S.D. New York BROWN & ROOT: Faces Harriman Suit Over Welders' Unpaid Wages CANNONBALL TRUCKING: Caro Seeks Overtime Premium Pay for Drivers CENTER BLVD. RESTAURANT: Erkan Files ADA Suit in E.D. New York CHICK-FIL-A INC: Brown et al. Sue Over Hidden Delivery Charges CLASSIC ALASKA: Zelvin Files ADA Suit in S.D. New York COLLECTIBLEXCHANGE: Zelvin Files ADA Suit in S.D. New York COREBRIDGE FINANCIAL: Segal Files Suit in S.D. Texas CVS PHARMACY: Cohen Sues Over Decongestants' False Ads DWD COMPANY: Esque Seeks Proper Wages for Truck Drivers E & E: Nwajei Loses Bid for Pre-Motion Conference FINANCIAL INSTITUTION: Kelley Files Suit in W.D. Louisiana G-FORCE AIRCRAFT: Macedo Sues to Recover Unpaid Overtime Wages GLAXOSMITHKLINE LLC: Benjamin et al. Sue Over Sale of Decongestants GOLD COAST PARKING: Fails to Pay Proper Wages, Bieniewicz Says HONEYWELL INT'L: Wescott Sues Over Unprotected Computer Systems INTERSTATE ABSTRACT: Barclay Files Suit in E.D. Pennsylvania JAKO ENTERPRISES: Coleman-Johns Seeks Store Managers' Proper OT KARENA FOODS: Fails to Pay Minimum, OT Wages, Sehgal Suit Says LANDTEK GROUP: Fails to Pay Proper Wages, Contreras Says LCS FINANCIAL SERVICES: Stifel Files Suit in D. Colorado LUMIO HX: Fails to Install Operable Solar Energy System, Smith Says NATIONAL RIFLE: Dell'Aquila Seeks Stay of Class Cert Deadline NATIONSTAR MORTGAGE: Plaintiffs Want Class Cert Bid Portions Sealed NBA PROPERTIES: Fan Sues Over Unlawful Disclosure of Private Info NORTH MAIN CLOTHING: Tarr Files ADA Suit in S.D. New York NUANCE COMMUNICATIONS: Eyester Sues Over Data Breach ORIGIN MATERIALS: Jones Sues Over Misleading SEC Statements PRECIGEN INC: Settlement in Securities Suit Gets Initial Nod PROCTER & GAMBLE: Morgan Files Suit in N.D. Florida PROGRESSIVE PREFERRED: Curran Bid to Restrict Portions of Rep OK'd PROGRESSIVE SPECIALTY: Ford Must File Class Cert by Jan. 15, 2024 QUE CHEVERE: Cadavid Sues Over Restaurant Staff's Unpaid Wages RITE AID: Katsuda Seeks Proper Wages for Store Managers SCHLUMBERGER TECHNOLOGY: Lee Suit Transferred to S.D. Texas SHAUN FERGUSON: Bid to Vacate Scheduling Order OK'd in Williams SHIMANO NORTH: Faces Erazo Suit Over Defective Cranksets STATE FARM: Clippinger Contract Suit Seeks Class Certification STATE FARM: Nichols Labor Suit Seeks Class Certification TALIS BIOMEDICAL: Securities Suit Seeks Rule 23 Class Status TCI TRANSPORTATION: Lopez Files Suit in Cal. Super. Ct. TSG INTERACTIVE: Bid to Appoint Class Counsel in Sykes OK'd TSG INTERACTIVE: Bid to Appoint Class Counsel in Tucker Suit OK'd UNITED STATES: Bid for Class Cert in Morinville Due Feb. 20, 2024 UNITED STATES: Thornton Seeks Briefing, Argument on Class Cert Bid WEGMANS FOOD: Hernandez Sues Over Misleading Canned Fruit Labels WILLIAM BARR: Bird Must File Class Cert Bid by March 17, 2025 WINDWALKER SECURITY: Brown Files Suit in Cal. Super. Ct. WORLDWIDE FLIGHT: Sorto Suit Removed to C.D. California WOW RESTAURANT: Court Tosses Clarification Bid in Chen Class Suit WP COMPANY: Hirlinger Files Suit in Cal. Super. Ct. YUMMYEARTH INC: Court Tosses Bid for Sanctions in Marino Suit ZAGG INC: Zelvin Files ADA Suit in S.D. New York ZAPPOS.COM LLC: Tarr Files ADA Suit in S.D. New York ZELENKO LABS: Espinal Files ADA Suit in S.D. New York ********* ALDER PROTECTION: Bid to Extend Class Cert Response Deadline OK'd ------------------------------------------------------------------ In the class action lawsuit captioned as SHADRACH ENNIS, NICOLAAS VANLEEUWEN, and TERRANCE JESCLARD, individually and on behalf of all others similarly situated, v. ALDER PROTECTION HOLDINGS, LLC, a Delaware limited liability company; ALDER HOLDINGS, LLC, a Utah limited liability company; ADAM SCHANZ, an individual; ADAM CHRISTIAN, an individual; KYLE DEMORDAUNT, an individual; DANE MCCARTNEY, an individual; and COVE SMART, LLC, a Delaware limited liability company, Case No. 2:19-cv-00512-CW-DBP (D. Utah), the Hon. Judge Clark Waddoups entered an order granting stipulated motion to extend deadline for the Defendants to respond to the Plaintiffs' opposition to the Defendants' motion to decertify collective action. Alder is a privately owned and operated company offering security, home automation, and life safety services. A copy of the Court's order dated Oct. 10, 2023 is available from PacerMonitor.com at https://bit.ly/3tvrHrU at no extra charge.[CC] The Defendants are represented by: J. Ryan Mitchell, Esq. Christopher A. Langston, Esq. Mika Hillery, Esq. MITCHELL BARLOW & MANSFIELD, P.C. Nine Exchange Place, Suite 600 Salt Lake City, UT 84111 Telephone: (801) 998-8888 Facsimile: (801) 998-8077 E-mail: rmitchell@mbmlawyers.com clangston@mbmlawyers.com mhillery@mbmlawyers.com ALL STAR AUTO: Bombardier Sues Over Untimely Payment of Wages ------------------------------------------------------------- CHRISTOPHER BOMBARDIER, individually and on behalf of all others similarly situated, Plaintiff v. ALL STAR AUTO INC., Defendant, Case No. 1:23-cv-01228-TJM-DJS (N.D.N.Y., Oct. 3, 2023) alleges violations of the timely payment of wages provisions of the New York Labor Law. The Plaintiff was employed by Defendant from approximately June 2023 to August 2023 as a Quality Control worker at an All Star Auto location in Albany, NY. More than 25% of Plaintiff's job responsibilities at All Star Auto included manual labor, including tasks such as making boxes, stacking boxes, moving barrels of chemicals, pushing carts of inventory throughout the facility, and inspecting and marking product inventory. The Plaintiff was paid every other week, rather than weekly, during the entirety of his employment with Defendant, the suit says. Headquartered in Port Saint Lucie, FL, All Star Auto Inc. is a Delaware corporation that owns and operates an automobile parts company in New York. [BN] The Plaintiff is represented by: Philip L. Fraietta, Esq. Yitzchak Kopel, Esq. Alec M. Leslie, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: ykopel@bursor.com pfraietta@bursor.com aleslie@bursor.com AVALONBAY COMMUNITIES: Glasner Sues Over Religious Discrimination ----------------------------------------------------------------- CHRISTIANA GLASNER, on behalf of herself and similarly Aggrieved Employees, Plaintiff v. AVALONBAY COMMUNITIES, INC., a Maryland Corporation doing business in California; and DOES 1 to 100, inclusive, Defendants, Case No. 23STCV24222 (Cal. Super., Los Angeles Cty., Oct. 4, 2023) alleges claims against the Defendants for, among other things, religious harassment, religious discrimination, retaliation, and intentional infliction of emotional distress, and for violations of the Unfair Competition Law and the Fair Employment and Housing Act. The Plaintiff began working for Defendants in June 2005, and continued working there until December 21, 2021. On December 1, 2021, despite failing to engage in any good-faith investigation into Plaintiff's request for religious accommodation, Defendants informed Plaintiff that her request had been denied. Throughout her employment, Plaintiff and the Aggrieved Employees were also required to remain on-call, and on-site, during their rest periods. However, the Defendants failed to provide them with the premium pay, says the Plaintiff. Avalonbay Communities, Inc. is a Maryland corporation, licensed to do business in California, and performing business in Los Angeles County. [BN] The Plaintiff is represented by: Manny Starr, Esq. Joseph A. Gross, Esq. FRONTIER LAW CENTER 23901 Calabasas Road, #1084 Calabasas, CA 91302 Telephone: (818) 914-3433 Facsimile: (818) 914-3433 E-mail: Manny@frontierlawcenter.com Joseph@frontierlawcenter.com AXON ENTERPRISE: City of Augusta Sues Over Unlawful Monopoly ------------------------------------------------------------ CITY OF AUGUSTA, KENNEBEC COUNTY, MAINE, individually and on behalf of all others similarly situated, Plaintiff, v. Axon Enterprise, Inc.; and SAFARILAND, LLC, Defendants, Case No. 3:23-cv-20897 (D.N.J., Oct. 4, 2023) seeks injunctive relief, compensatory damages, treble damages, costs of suit, and reasonable attorney's fees from the Defendants for their violations of the Sherman Act and the Clayton Act. The Plaintiff alleges that Axon and Safariland participated in a market-allocation conspiracy, which enabled Axon to unlawfully monopolize the United States markets for long-range conducted energy weapons and body-worn camera systems. Headquartered in Scottsdale, AZ, Axon Enterprise, Inc. is the manufacturer of long-range CEWs through its eponymous "Taser"-branded weapons. [BN] The Plaintiff is represented by: William G. Caldes, Esq. John A. Macoretta, Esq. Diana J. Zinser, Esq. SPECTOR ROSEMAN & KODROFF, P.C. 2001 Market Street, Suite 3420 Philadelphia, PA 19103 Telephone: (215) 496-0300 Facsimile: (215) 496-6611 E-mail: bcaldes@srkattorneys.com jmacoretta@srkattorneys.com dzinser@srkattorneys.com - and - Michael S. Smith, Esq. Michael D. Hanify, Esq. PRETI, FLAHERTY, BELIVEAU & PACHIOS, LLP One City Center, P.O. Box 9546 Portland, ME 04112-9546 Telephone: (207) 791-3000 Facsimile: (207) 791-3111 E-mail: msmith@preti.com mhanify@preti.com BEAM DISTRIBUTING: Hudson Files Suit in N.D. Georgia ---------------------------------------------------- A class action lawsuit has been filed against Beam Distributing, Inc. The case is styled as Savannah Hudson, on behalf of all others similarly situated v. Beam Distributing, Inc. doing business as: Pelican Coolers, Case No. 6:23-cv-00337-GLJ (N.D. Ga., Oct. 4, 2023). The nature of suit is stated as Other Contract. Beam Distributing, Inc. -- https://beam.is/ -- is a premier outdoor & adventure retailer with the largest selection of protective cases, high-performance coolers, and more.[BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Ste. 1205 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@sflinjuryattorneys.com BELCAM INC: Tarr Files ADA Suit in S.D. New York ------------------------------------------------ A class action lawsuit has been filed against Belcam, Inc. The case is styled as Ellen Elizabeth Tarr, on behalf of herself and all others similarly situated v. Belcam, Inc., Case No. 1:23-cv-08817-KPF (S.D.N.Y., Oct. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Belcam -- https://belcamshop.com/ -- is an online platform that allows users to shop for fragrances, beauty, bath, and body care products.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com BLACKHAWK NETWORK: Mikec Files Suit in W.D. Louisiana ----------------------------------------------------- A class action lawsuit has been filed against Blackhawk Network, Inc. The case is styled as Lisa Mikec, on behalf of herself and all others similarly situated v. Blackhawk Network, Inc. d/b/a Blackhawk Engagement Solutions, Case No. 3:23-cv-05091 (W.D. La., Oct. 4, 2023). The nature of suit is stated as Other Personal Property. Blackhawk Network -- https://blackhawknetwork.com/ -- provides solutions on gift cards sales, online payments, digital solutions & digital rewards to help companies build their strong brands.[BN] The Plaintiffs are represented by: Kyle Douglas McLean, Esq. SIRI & GLIMSTAD LLP 700 S. Flower Street, Suite 1000 Los Angeles, CA 90017 Phone: (213) 376-3739 Email: kmclean@sirillp.com BLUE COLLAR: Zelvin Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Blue Collar Workwear, LLC. The case is styled as Lynn Zelvin, on behalf of himself and all others similarly situated v. Blue Collar Workwear, LLC, Case No. 1:23-cv-08757 (S.D.N.Y., Oct. 5, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Blue Collar Workwear -- https://www.bluecollarworkwear.com/ -- is a family owned and operated business specializing in Safety Toe Footwear and work wear.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com BROWN & ROOT: Faces Harriman Suit Over Welders' Unpaid Wages ------------------------------------------------------------ JOSHUA HARRIMAN, on his own behalf and on behalf of those similarly situated, Plaintiff v. BROWN & ROOT INDUSTRIAL SERVS., LLC, Defendant, Case No. 3:23-cv-01423-SDD-EWD (M.D. La., Oct. 4, 2023) arises out of the Defendant's violations of the Fair Labor Standards. Act. The Plaintiff is employed by Brown & Root as a full-time, non-exempt, hourly welder, at a regular pay rate of $37.00 per hour. However, the Brown & Root does not pay Plaintiff for his time spent attending mandatory work related training classes after his normal 40-hour workweek, says the suit. Brown & Root provides specialized industrial services and staffing to industrial locations, including the refineries and petrochemical plants lining the Mississippi River. [BN] The Plaintiff is represented by: Charles J. Stiegler, Esq. STIEGLER LAW FIRM LLC 318 Harrison Ave., Suite #104 New Orleans, LA 70124 Telephone: (504) 267-0777 Facsimile: (504) 513-3084 (fax) Charles@StieglerLawFirm.com - and - Robert B. Landry III, Esq. ROBERT B. LANDRY III, PLC 5420 Corporate Boulevard, Suite 303 Baton Rouge, LA 70808 Telephone: (225) 349-7460 Facsimile: (225) 349-7466 E-mai: rlandry@landryfirm.com CANNONBALL TRUCKING: Caro Seeks Overtime Premium Pay for Drivers ---------------------------------------------------------------- JUAN CARO, individually and on behalf of all others similarly situated, Plaintiff v. CANNONBALL TRUCKING, INC, Defendant, Case No. 4:23-cv-03720 (S.D. Tex., Oct. 3, 2023) arises out of the Defendant's alleged violations of the Fair Labor Standards Act. The Plaintiff was employed by Defendant as a driver from on or about July 2021 through October 2023. He was paid at the same hourly rate of approximately $20 per hour for all hours worked, including hours worked over 40 in a workweek. Moreover, the Defendant does not pay the federally mandated premium of time-and-a-half for hours worked over 40 in a workweek. Rather, it pays its drivers "straight time pay" for all hours worked, despite them driving small vehicles that place them outside of any exemption to overtime pay like the Motor Carrier Act, says the Plaintiff. Headquartered in Harris County, TX, Cannonball Trucking is a family-run trucking business that provides logistics services to clients worldwide. [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 Telephone: (214) 489-7653 Facsimile: (469) 319-0317 E-mail: rprieto@wageandhourfirm.com marbuckle@wageandhourfirm.com CENTER BLVD. RESTAURANT: Erkan Files ADA Suit in E.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Center Blvd. Restaurant, LLC. The case is styled as Nihal Erkan, on behalf of herself and all others similarly situated v. Center Blvd Restaurant, LLC, Case No. 1:23-cv-07470 (E.D.N.Y., Oct. 5, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Center Blvd. Restaurant is a cozy, chic hub with wines on tap & craft brews, plus artisanal cheeses, charcuterie & other nibbles.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com CHICK-FIL-A INC: Brown et al. Sue Over Hidden Delivery Charges -------------------------------------------------------------- EBONI BROWN, TANIQUE CLARKE, TRAVIS JOHNSON, DOMINIC GREETAN, FRIDAY FRAZIER, and KEISHA RABON, individually and on behalf of all others similarly situated, Plaintiffs v. CHICK-FIL-A, INC., Defendant, Case No. 1:23-cv-04503-ELR (N.D. Ga., Oct. 3, 2023) seeks monetary damages, restitution, and injunctive and declaratory relief from Defendant Chick-fil-A, Inc. and alleges claims for negligent misrepresentation, breach of contract, unjust enrichment, and for violations of Virginia's Consumer Protection Act, Texas's Deceptive Trade Practices-Consumer Protection Act, Arkansas' Deceptive Trade Practices Act, Maryland's Consumer Protection Act and South Carolina's Unfair Trade Practices Act. This class action arises from the Defendant's deceptive and untruthful promises to provide FREE or flat fee, low-price delivery on food deliveries ordered through its app and website. Chick-fil-A intentionally deceived its customers regarding the true cost of its delivery service, hiding its delivery charges in menu price markups it never disclosed to its customers. By unfairly obscuring its true delivery costs, Chick-fil-A deceives consumers and gains an unfair upper hand on competitors that fairly disclose their true delivery charges, says the suit. Headquartered in Georgia, Chick-fil-A Inc.is a fast food restaurant chain that specializes in chicken sandwiches. [BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. Edwin E. Elliott, Esq. SHAMIS & GENTILE, P.A. 14 NE First Avenue, Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com edwine@shamisgentile.com - and - Jeffrey D. Kaliel, Esq. Sophia Goren Gold, Esq. KALIELGOLD PLLC 1100 15th Street NW, 4th Floor Washington, D.C. 20005 Telephone: (202) 350-4783 E-mail: jkaliel@kalielpllc.com sgold@kalielgold.com - and - Scott Edelsberg, Esq. EDELSBERG LAW, PA 20900 NE 30th Ave, Suite 417 Aventura, FL 33180 Telephone: (305) 975-3320 E-mail: adam@edelsberglaw.com CLASSIC ALASKA: Zelvin Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Classic Alaska Trading/Big Rays Alaska, Inc. The case is styled as Lynn Zelvin, on behalf of himself and all others similarly situated v. Classic Alaska Trading/Big Rays Alaska, Inc., Case No. 1:23-cv-08759 (S.D.N.Y., Oct. 5, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Classic Alaska Trading/Big Ray's Alaska, Inc. -- https://www.bigrays.com/ -- retails clothing. The Company offers jackets, tops, shirts, skirts, dress, foot ware, and other accessories.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com COLLECTIBLEXCHANGE: Zelvin Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against CollectibleXchange, LLC. The case is styled as Lynn Zelvin, on behalf of himself and all others similarly situated v. CollectibleXchange, LLC, Case No. 1:23-cv-08763-JMF (S.D.N.Y., Oct. 5, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. CollectibleXchange -- https://collectiblexchange.com/ -- proudly offers a trusted online collectible platform with a diverse product selection that caters to a global audience.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com COREBRIDGE FINANCIAL: Segal Files Suit in S.D. Texas ---------------------------------------------------- A class action lawsuit has been filed against Corebridge Financial, Inc., et al. The case is styled as Leonard Segal, Christopher Pliha, individually and on behalf of all others similarly situated v. Corebridge Financial, Inc., American General Life Insurance Co., Case No. 4:23-cv-03727 (S.D. Tex., Oct. 4, 2023). The nature of suit is stated as Other P.I. for Personal Injury. Corebridge Financial -- https://www.corebridgefinancial.com/ -- is an American multinational financial services company.[BN] The Plaintiffs appear pro se. CVS PHARMACY: Cohen Sues Over Decongestants' False Ads ------------------------------------------------------ Emily Cohen, on behalf of herself and all others similarly situated, Plaintiff v. CVS Pharmacy, Inc., Defendant, Case No. 1:23-cv-00403-WES-LDA (D.R.I., Oct. 3, 2023) seeks damages and equitable relief for Defendant CVS' sales of its oral pharmaceutical products containing phenylephrine, an ingredient that was falsely and misleadingly marketed by Defendant as acting as a decongestant. The Defendant has allegedly continued to market and sell its oral phenylephrine products as effective decongestants despite the fact that scientific studies using modern testing methods have consistently demonstrated that phenylephrine taken orally is ineffective. Moreover, Plaintiff alleges claims against the Defendant for breach of implied warranty of merchantability, unjust enrichment, breach of express warranty, and for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Headquartered in Rhode Island, CVS Pharmacy, Inc. operates thousands of pharmacies in the United States. It sells its own CVS branded products containing phenylephrine, which it claims acts as a nasal decongestant. [BN] The Plaintiff is represented by: Paige Munro-Delotto, Esq. MUNRO-DELOTTO LAW, LLC 400 Westminster Street, Ste. 200 Providence, RI 02903 Telephone: (401) 521-4529 - and - Joseph C. Kohn, Esq. William E. Hoese, Esq. Zahra R. Dean, Esq. Elias A. Kohn, Esq. KOHN, SWIFT & GRAF, P.C. 1600 Market Street, Suite 2500 Philadelphia, PA 19107 Telephone: (215) 238-1700 - and - Steven A. Kanner, Esq. William H. London, Esq. FREED KANNER LONDON & MILLEN, LLC 100 Tri-State International Drive, Suite 128 Lincolnshire, IL 60069 Telephone: (224) 632-4500 - and - Jonathan M. Jagher, Esq. FREED KANNER LONDON & MILLEN, LLC 923 Fayette Street Conshohocken, PA 19428 Telephone: (610) 234-6770 DWD COMPANY: Esque Seeks Proper Wages for Truck Drivers ------------------------------------------------------- KEVIN ESQUE on Behalf of Himself and All Others Similarly Situated, Plaintiff v. DWD COMPANY, LLC, Defendant, Case No. 1:23-cv-01791-JRS-CSW (S.D. Ind., Oct. 4, 2023) arises from the Defendant's failure to pay proper wages to its truck drivers. The Plaintiff worked for DWD as a truck driver in 2020 but he was not paid for all time spent performing morning (pre-driving) inspections, fueling and end of day (post-driving) inspections, says the suit. Headquartered in Indianapolis, IN, DWD is a limited liability company that operates both heavy haul lowboy services and tri-axle dump trucks. [BN] The Plaintiff is represented by: Ronald E. Weldy, Esq. WELDY LAW 11268 Governors Lane Fishers, IN 46037 Telephone: (317) 842-6600 Facsimile: (317) 842-6933 E-mail: rweldy@weldylegal.com E & E: Nwajei Loses Bid for Pre-Motion Conference ------------------------------------------------- In the class action lawsuit captioned as Nwajei v. E & E of Five Towns Inc., et al., Case No. 2:23-cv-05541 (E.D.N.Y., Filed July 21, 2023), the Hon. Judge Joan M. Azrack entered an order denying without prejudice the Plaintiff's letter motion for pre motion conference for Plaintiffs Motion for Conditional Collective Class Certification. The suit alleges violation of the Fair Labor Standards Act.CC] FINANCIAL INSTITUTION: Kelley Files Suit in W.D. Louisiana ---------------------------------------------------------- A class action lawsuit has been filed against Financial Institution Service Corporation. The case is styled as David Kelley, on behalf of himself individually and on behalf of all others similarly situated v. Financial Institution Service Corporation, Case No. 3:23-cv-01387 (W.D. La., Oct. 4, 2023). The nature of suit is stated as Other Contract. Financial Institution Service Corporation (FISC) -- https://fiscdp.com/ -- is a bank service corporation owned by its over 55 member banks which collectively represent more than $24 billion in assets.[BN] The Plaintiffs are represented by: Andrew Allen Lemmon, Esq. LEMMON LAW FIRM (NO) 5301 Canal Blvd Ste A New Orleans, LA 70124 Phone: (985) 783-6789 Email: andrew@lemmonlawfirm.com G-FORCE AIRCRAFT: Macedo Sues to Recover Unpaid Overtime Wages -------------------------------------------------------------- German Macedo, individually and for others similarly situated v. G-FORCE AIRCRAFT MAINTENANCE, INC., Case No. 0:23-cv-61904-XXXX (S.D. Fla., Oct. 5, 2023), is brought to recover unpaid overtime wages and other damages from the Defendant in violation of the Fair Labor Standards Act ("FLSA") and the Illinois Minimum Wage Law ("IMWL"). Although the Plaintiff regularly worked more than 40 hours in a week, the Defendant did not pay him overtime at the proper premium rate required by the FLSA and the IMWL. Instead, the Defendant paid the Plaintiff (and other workers like him) per diems and non-discretionary bonuses that the Defendant intentionally excluded when calculating their regular rates of pay for overtime purposes. the Defendant's per diem and bonus pay schemes violate the FLSA and IMWL by depriving workers like the Plaintiff of overtime pay at rates not less than 1.5 times their regular rates of pay--based on all renumeration received--for hours worked after 40 in a workweek, says the complaint. The Plaintiff was employed by the Defendant as an Aircraft Maintenance Technician in Rockford, Illinois. G-Force provides qualified technicians and mechanics to the aviation industry.[BN] The Plaintiff is represented by: C. Ryan Morgan, Esq. MORGAN & MORGAN P.A. 20 N. Orange Ave., 15th Floor Orlando, FL 32801 Phone: (407) 420-1414 Facsimile: (407) 245-3401 Email: rmorgan@forthepeople.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LAW FIRM 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 GLAXOSMITHKLINE LLC: Benjamin et al. Sue Over Sale of Decongestants ------------------------------------------------------------------- TATIANA BENJAMIN, CHRISTINE CONTRERAS, NATASHA FREEMAN, ROBIN GLAUSER, and ANTHONY ROGERS Individually and on Behalf of All Others Similarly Situated, Plaintiffs v. GLAXOSMITHKLINE LLC; KENVUE, INC.; MCNEIL CONSUMER HEALTHCARE; PROCTER & GAMBLE COMPANY; RECKITT BENCKISER LLC; and WALMART, INC., Defendants, Case No. 2:23-cv-03856 (E.D. Pa., Oct. 3, 2023) seeks damages and equitable relief for the Defendants' deceptive sale of decongestant products. The Plaintiffs alleges claims against the Defendants for breach of implied warranty of merchantability, fraud by omission or concealment, unjust enrichment, and for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection, the Arizona Consumer Fraud Act, the Illinois Consumer Fraud Act, and the New York General Business Law. The Plaintiffs assert that the Defendants continue to sell phenylephrine products and to charge a premium price for those ineffective products. Accordingly, Plaintiffs, on behalf of themselves and all other purchasers of Defendants' phenylephrine products, seek to hold Defendants accountable for their deceptions, breaches of warranties, and violations of consumer protection statutes. GlaxoSmithKline LLC is a Delaware corporation with its headquarters and principal place of business in Philadelphia, PA. It is a biopharmaceutical company that, among other Decongestant Products, manufactures and markets Theraflu. [BN] The Plaintiffs are represented by: Adam J. Levitt, Esq. John E. Tangren, Esq. Daniel R. Schwartz, Esq. Blake Stubbs, Esq. DICELLO LEVITT LLP Ten North Dearborn Street, Sixth Floor Chicago, IL 60602 Telephone: (312) 214-7900 E-mail: alevitt@dicellolevitt.com jtangren@dicellolevitt.com dschwartz@dicellolevitt.com bstubbs@dicellolevitt.com - and - James E. Cecchi, Esq. Donald A. Ecklund, Esq. Jordan M. Steele, Esq. CARELLA, BYRNE, CECCHI, BRODY & AGNELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 E-mail: jcecchi@carellabyrne.com decklund@carellabyrne.com jsteele@carellabyrne.com - and - Scott A. George, Esq. SEEGER WEISS LLP 325 Chestnut Street, Suite 917 Philadelphia, PA 19106 Telephone: (215) 564-2300 E-mail: sgeorge@seegerweiss.com - and - Christopher A. Seeger, Esq. David R. Buchanan, Esq. Scott A. George, Esq. SEEGER WEISS LLP 55 Challenger Road, 6th Floor Ridgefield Park, NJ 07660 Telephone: (973) 639-9100 E-mail: cseeger@seegerweiss.com dbuchanan@seegerweiss.com sgeorge@seegerweiss.com - and - Paul J. Geller, Esq. Stuart A. Davidson, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 225 NE Mizner Boulevard, Suite 720 Boca Raton, FL 33432 Telephone: (561) 750-3000 E-mail: pgeller@rgrdlaw.com sdavidson@rgrdlaw.com GOLD COAST PARKING: Fails to Pay Proper Wages, Bieniewicz Says -------------------------------------------------------------- JOSEPH BIENIEWICZ, on behalf of himself, individually, and all similarly situated employees, Plaintiff v. GOLD COAST PARKING MANAGEMENT, LLC, Defendant, Case No. 2:23-cv-07396 (E.D.N.Y., Oct. 3, 2023) seeks to recover unpaid wages, unpaid spread of hours compensation, and other damages for the Defendant's violations of the Fair Labor Standards Act, the New York Labor Law, and the supporting New York State Department of Labor Regulations. The Plaintiff commenced his employment in or about June 2016 as a non-exempt valet, and was later promoted to Director of Operations, a non-exempt position he held until his employment ended on or about March 29, 2023. Throughout his employment, the Defendant paid Plaintiff at a regular hourly rate for all hours worked, including those worked in excess of 40. However, during the final two years of his employment, Defendant agreed to provide Plaintiff an additional $200.00 per week stipend for handling the valet drivers' scheduling. However, there were several months where Defendant failed to compensate Plaintiff with this additional promised money each week for those hours worked. Due to Defendant's practice of failing to compensate him for certain hours worked at any rate of pay during several months within the statutory period, Defendant has deprived him of compensation for many hours at his regular or agreed upon rate of pay during each such workweek, in violation of the NYLL and New York common law, the Plaintiff asserts. Gold Coast Parking Management LLC is a company that handles valet parking for various events and venues at locations across Long Island. [BN] The Plaintiff is represented by: David D. Barnhorn, Esq. Peter A. Romero, Esq. ROMERO LAW GROUP PLLC 490 Wheeler Road, Suite 250 Hauppauge, NY 11788 Telephone: (631) 257-5588 HONEYWELL INT'L: Wescott Sues Over Unprotected Computer Systems --------------------------------------------------------------- Donald Wescott, individually and on behalf of all others similarly situated v. Honeywell International Inc., Case No. 3:23-cv-00631 (W.D.N.C., Oct. 4, 2023), is brought against the Defendant's inadequately protected computer systems which resulted in the Plaintiff and the Class Members having had their personal identifiable information ("PII") exposed (the "Data Breach"). The Defendant obtains, collects, uses, and derives a benefit from the PII of Plaintiff and the Class. As such, Defendant assumed the legal and equitable duties to those individuals to protect and safeguard that information from unauthorized access and intrusion. On August 28, 2023, Defendant determined that personal information stored on Defendant's computer system was access by an unknown user. According to Defendant, the PII exposed in the Breach included names and Social Security numbers. In September 2023, Defendant began notifying Plaintiff and Class Members of the Data Breach. Due to Defendant's negligence, cybercriminals obtained everything they need to commit identity theft and wreak havoc on the financial and personal lives of thousands of individuals. For the rest of their lives, Plaintiff and the Class Members will have to deal with the danger of identity thieves possessing and misusing their PII. Plaintiff and Class Members will have to spend time responding to the Breach and are at an immediate, imminent, and heightened risk of all manners of identity theft as a direct and proximate result of the Data Breach. Plaintiff and Class Members have incurred and/or will continue to incur damages in the form of, among other things, identity theft, attempted identity theft, lost time and expenses mitigating harms, increased risk of harm, damaged credit, deprivation of the value of their PII, loss of privacy, and/or additional damages. The Defendant betrayed the trust of Plaintiff and the other Class Members by failing to properly safeguard and protect their personal identifiable information and thereby enabling cybercriminals to steal such valuable and sensitive information, says the complaint. The Plaintiff and members of the class are or were employees of Honeywell or one of its subsidiaries, assigns, or partners. Honeywell is a multinational conglomerate corporation that primarily operates in four areas of business: aerospace, building technologies, performance materials and technologies, and safety and productivity solutions.[BN] The Plaintiff is represented by: Scott Harris, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, North Carolina 27603 Phone: 919-600-5003 Fax: 919-600-5035 Email: sharris@milberg.com - and - David K. Lietz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 5335 Wisconsin Ave., NW, Suite 440 Washington, DC 20015 Phone: 866.252.0878 Email: dlietz@milberg.com - and - William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Ave. Oklahoma City, OK 73120 Phone: (405)235-1560 Email: wbf@federmanlaw.com INTERSTATE ABSTRACT: Barclay Files Suit in E.D. Pennsylvania ------------------------------------------------------------ A class action lawsuit has been filed against Interstate Abstract, Inc., et al. The case is styled as Joy Barclay, individually and on behalf of those similarly situated v. Upstream Rehabilitation Inc., Upstream RollCo LLC, Case No. 2:23-cv-03875-GAM (E.D. Pa., Oct. 4, 2023). The nature of suit is stated as Other Contract. Interstate Abstract -- https://www.interstateabstract.com/ -- is a family-owned independent Title Insurance and Settlement Services company serving Pennsylvania and New Jersey.[BN] The Plaintiffs are represented by: Jonathan F. Andres, Esq. JONATHAN F. ANDRES PC 1127 Hoot Owl Rd. St. Louis, MO 63005 Phone: (636) 633-1208 Fax: (205) 328-2711 Email: andres@andreslawpc.com - and - D. Aaron Rihn, Esq. PEIRCE LAW OFFICES 707 Grant St, 2500 Gulf Tower Pittsburgh, PA 15219 Phone: (412) 281-7229 Email: arihn@peircelaw.com JAKO ENTERPRISES: Coleman-Johns Seeks Store Managers' Proper OT --------------------------------------------------------------- BRIDGETTE COLEMAN-JOHNS; CLASSIE LONG; JOSEPH HOUSTON; and CHARMISHA EAST, individually and on behalf of all others similarly situated v. JAKO ENTERPRISES, LLC., Case No. 2:23-cv-05765-JCZ-JVM (E.D. La., Oct. 4, 2023) arises out of the Defendant's violations of the Fair Labor Standards Act of 1938. The Plaintiffs each regularly worked over 40 hours in a workweek for Defendant’s benefit during their employment as a store managers. However, in willful disregard of federal and state wage and hour laws, Defendant failed to pay Plaintiffs and other SMs for all hours worked, as well as overtime premium pay for hours worked over 40 in a workweek. In addition, the Defendant misclassified Plaintiffs or SMs as exempt from federal overtime protections regardless of where they worked, says the suit. Headquartered in Philadelphia, PA, Jako Enterprises, LLC is a foreign limited liability company that operates retail apparel stores in the United States, including in Louisiana. [BN] The Plaintiffs are represented by: Lee M. Rudin, Esq. RUDIN LAW LLC 5500 Prytania St. #404 New Orleans, LA 70115 Telephone: (504) 500-5504 Facsimile: (504) 445-4054 E-mail: lee@rudin.law KARENA FOODS: Fails to Pay Minimum, OT Wages, Sehgal Suit Says -------------------------------------------------------------- Vipin Sehgal, on behalf of himself and all other persons similarly situated v. Karena Foods Inc. d/b/a Mughlai Indian Cuisine, Eda Foods Inc. d/b/a Mughlai Indian Cuisine, Girshi Doe, and Mahendra Doe, Case No. 1:23-cv-08799 (S.D.N.Y., Oct. 6, 2023) seeks to recover minimum wage and overtime wage pursuant to the Fair Labor Standards Act, the New York Labor Law and the supporting New York State Department of Labor regulations. The Plaintiff asserts that he is entitled compensation for the Defendants' violations of the FLSA; the "spread of hours" requirements of New York Labor Law; compensation for the Defendants' illegal deductions from gratuities; liquidated damages; and statutory damages for the Defendant' violation of the Wage Theft Prevention Act. Mr. Sehgal was working 60 hours per week during his employment by the Defendants. His first paycheck each week was in the gross amount of approximately $450, for four days of work, while the second paycheck was in the gross amount of approximately $225, for two days of work. He received the these weekly amounts for all hours worked each week, regardless of the exact number of hours worked in a given week, the Plaintiff claims. As a result, the Plaintiff's effective rates of pay was below the statutory New York City minimum wage in effect at relevant times. The Plaintiff seeks to prosecute his FLSA claims as a collective action on behalf of a collective group of persons defined as: All persons who are or were formerly employed by the Defendants in the United States at any time since October 6, 2020, to the entry of judgment in this case, who were restaurant employees, and who were not paid statutory minimum wages and/or overtime compensation at rates at least one-and-one-half times the regular rate of pay for hours worked in excess of forty hours per workweek (the "Collective Action Members"). Mr. Sehgal was employed at Mughlai Indian Cuisine, from November 1, 2022, until August 1, 2023, working most frequently during that period at the 255 W. 55th Street location, but also working at each of the other three restaurants at various times. Karena is an Indian restaurant.[BN] The Plaintiff is represented by: Michael Samuel, Esq. THE SAMUEL LAW FIRM 1441 Broadway, Suite 6085 New York, NY 10018 Telephone: (212) 563-9884 E-mail: michael@thesamuellawfirm.com LANDTEK GROUP: Fails to Pay Proper Wages, Contreras Says -------------------------------------------------------- JOSE CONTRERAS, individually and on behalf of all other persons similarly situated who were employed by THE LANDTEK GROUP, INC., Plaintiffs v. THE LANDTEK GROUP, INC., Defendant, Case No. 159770/2023 (N.Y. Sup., Oct. 4, 2023) seeks to recover unpaid wages, including overtime, and other statutorily required compensation pursuant under New York Labor Law and alleges claims against the Defendant for breach of public works contract by failing to ensure that the Plaintiffs received the prevailing rates of wages and supplemental benefits for all labor performed upon the Public Works Projects. Plaintiff Contreras was employed by Landtek between June 2020 and November 2022. However, Plaintiff and other Landtek workers were not paid for their time working at the Landtek yard in the morning and afternoon. They are not also paid for travel time to the jobsite in the morning, and afternoon travel back to the Landtek yard, says the Plaintiff. Headquartered in Bay Shore, NY, Landtek is a domestic business corporation that is engaged in the construction business. [BN] The Plaintiff is represented by: James Murphy, Esq. Jack Newhouse, Esq. VIRGINIA & AMBINDER, LLP 155 East Main Street, Suite 105 Smithtown, N.Y. 11787 Telephone: (212) 943-9080 E-mail: jnewhouse@vandallp.com jmurphy@vandallp.com LCS FINANCIAL SERVICES: Stifel Files Suit in D. Colorado -------------------------------------------------------- A class action lawsuit has been filed against LCS Financial Services Corporation. The case is styled as Brandie Stifel, on behalf of herself and all others similarly situated v. LCS Financial Services Corporation, Case No. 1:23-cv-02592-SBP (D. Colo., Oct. 4, 2023). The nature of suit is stated as Other Personal Property for Property Damage. LCS Financial Services Corporation -- https://lcsfin.com/ -- operates as a financial collection agency. The Company offers legal referral program, collection strategies, outstanding student loan balances, mortgage, bankruptcy, and auto finance recovery solutions.[BN] The Plaintiffs are represented by: Mason A. Barney, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Phone: (212) 532-1091 Email: mbarney@sirillp.com LUMIO HX: Fails to Install Operable Solar Energy System, Smith Says ------------------------------------------------------------------- SHOSHANA SMITH, individually and behalf of all others similarly situated v. LUMIO HX, INC. and ATLANTIC KEY ENERGY, LLC, Case No. 2:23-cv-00849 (M.D. Fla., Oct. 6, 2023) is a class action complaint against the Defendants arising from the Defendants' practice of systemically, repeatedly, and continually failing to install solar energy systems that are operable and produce energy; and/or failing to honor warranties for roof damage and water infiltration caused by the installation of solar energy systems. On September 25, 2021, Plaintiff Shoshana Smith's then husband, Gary Smith, contracted with the Defendants to install a 16.32 kW solar energy system consisting of 48 solar panels on their single-family home in Lehigh Acres, Florida as set forth in the Atlantic Key Energy Sales Agreement. The purchase and installation cost of the solar energy system was $68,912. On November 10, 2022, Plaintiff Smith assumed the loan on the system. In the Agreement, the Defendants represented that the solar energy system or photovoltaic system would provide a proposed solar offset of 100%; in other words, the system was designed to provide 100% of the Plaintiff's home energy needs. On November 19, 2021, the Plaintiff's PV system was completed and was tested for five days, then shut down. On January 4, 2022, the PV system passed final inspection but was not producing power. In May 2022, the electric utility provider bill shows an interconnection charge of $300, meaning that the new bi-directional meter was installed. The PV system was still not producing power. On August 15, 2022, the Plaintiff's PV system began producing energy for the first time since the test run in November 2021, a delay of over nine months. On March 8, 2023, approximately seven months later, the Plaintiff's PV system stopped producing energy. The PV system failed to produce energy again until June 9, 2023 when it produced energy for twenty-seven (27) days then was intentionally shut down to be removed from the roof to facilitate the repair of the Plaintiff's roof. As a result of the roof damage specifically caused by the PV system installation, the Plaintiff had to pay an additional $1,365 for the replacement of damaged building materials because the Plaintiff's homeowners insurance covered only the damage caused by the weather. Accordingly, the Plaintiff has suffered quantifiable damages by paying thousands of dollars to her electric utility provider for energy that her PV system should have produced if the PV system had been operable and producing energy; and paying $10,965 in out-of-pocket costs for repairs, building materials, and the re-installation of her PV system, which costs are directly attributed to the Defendants' faulty PV system installation, says the suit.. Lumio is a solar company.[BN] The Plaintiff is represented by: Louis A. Gonzalez, Esq. VARGAS GONZALEZ BALDWIN DELOMBARD, LLP 2745 West Fairbanks Ave., 1st Floor Winter Park, FL 32789 Telephone: (407) 603-7940 Facsimile: (407) 603-7943 E-mail: Louis@vargasgonzalez.com - and - Jacob Alex Flint, Esq. JACOB FLINT LAW 2 CityPlace Dr. No. 200 St. Louis, MO 63141 Telephone: (314) 677-7613 E-mail: jacob@jacobflintlaw.com NATIONAL RIFLE: Dell'Aquila Seeks Stay of Class Cert Deadline ------------------------------------------------------------- In the class action lawsuit captioned as DAVID DELL'AQUILA, LORANNDA BORJA, TODD CHESNEY, and BRENT WEBER, on behalf of themselves and all others similarly situated, v. NATIONAL RIFLE ASSOCIATION OF AMERICA, Case No. 3:19-cv-00679 (M.D. Tenn.), the Plaintiffs ask the Court to enter an order extending class certification deadline. Accordingly, Plaintiffs respectfully request that the current class certification deadline be stayed, and that the deadline be re-set following the District Court's ruling on the pending Motion for Review. The Plaintiffs' counsel has conferenced with Defendant's counsel with respect to the requested relief, and Defendant's counsel has advised Defendant is opposed. National Rifle is a gun rights advocacy group based in the United States. A copy of the Plaintiffs' motion dated Oct. 10, 2023 is available from PacerMonitor.com at https://bit.ly/3rRXUcz at no extra charge.[CC] The Plaintiffs are represented by: Michael I. Kanovitz, Esq. Jonathan I. Loevy, Esq. Julia Rickert, Esq. Thomas M. Hanson, Esq. Jordan Poole, Esq. Heather Sticht, Esq. Elizabeth Wang, Esq. LOEVY & LOEVY 311 N. Aberdeen St., 3rd Fl. Chicago, IL 60607 Telephone: (312) 243-5900 E-mail: julia@loevy.com elizabethw@loevy.com The Defendant is represented by: William A. Brewer, Esq. Malvina Palloj, Esq. BREWER, ATTORNEYS & COUNSELORS 750 Lexington Ave., 14th Floor New York, NY 10022 E-mail: wbb@brewerattorneys.com mpalloj@brewerattorneys.com - and - Wallace A. McDonald, Esq. LACY, PRICE & WAGNER, P.C. 249 N. Peters Rd., Suite 101 Knoxville, TN 37923 E-mail: amcdonald@lpwpc.com NATIONSTAR MORTGAGE: Plaintiffs Want Class Cert Bid Portions Sealed ------------------------------------------------------------------- In the class action lawsuit captioned as EUGENIO AND ROSA CONTRERAS, WILLIAM PHILLIPS, TERESA BARNEY, KEITH AND TERESA MARCEL, SHERLIE CHARLOT, and JENNIE MILLER, on behalf of themselves and all others similarly situated, v. NATIONSTAR MORTGAGE LLC, a Delaware Limited Liability Company; SOLUTIONSTAR HOLDINGS LLC (N/K/A XOME HOLDINGS LLC), a Delaware Limited Liability Company; and SOLUTIONSTAR FIELD SERVICES LLC, a Delaware Limited Liability Company, Case No. 2:16-cv-00302-MCE-JDP (E.D. Cal.), the Plaintiffs ask the Court to enter an order sealing certain portions of their motion for class certification. The Plaintiffs Eugenio and Rosa Contreras, William Phillips, Teresa Barney, Keith and Teresa Marcel, Sherlie Charlot, and Jennie Miller request the Court seal certain portions of Plaintiffs' Motion for Class Certification, in perpetuity, such that the sealed documents may be viewed only by this Court, Defendants, and their counsel, subject only to a motion being filed to unseal the documents. On August 1, 2019, the Court entered an Amended Stipulated Protective Order for the Treatment of Confidential Information to safeguard the confidential nature of certain documents and information produced by the parties in this matter. The Plaintiffs seek to file under seal documents and information protected under the terms of the Protective Order, including information designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" by the Defendants Nationstar Mortgage LLC, Solutionstar Holdings LLC, and Solutionstar Field Services LLC. Nationstar provides mortgages loan, re-financing, and home equity loans. A copy of the Plaintiffs' motion dated Oct. 9, 2023 is available from PacerMonitor.com at https://bit.ly/46qbBhV at no extra charge.[CC] The Plaintiffs are represented by: Laura R. Gerber, Esq. Dean Kawamoto, Esq. Derek W. Loeser, Esq. KELLER ROHRBACK L.L.P. 1201 Third Ave, Suite 3200 Seattle, WA 98101 Telephone: (206) 623-1900 E-mail: lgerber@kellerrohrback.com dkawamoto@kellerrohrback.com dloeser@kellerrohrback.com - and - Thomas E. Loeser, Esq. HAGENS BERMAN SOBOL SHAPIRO L.L.P. 1301 Second Avenue, Suite 2000 Seattle, WA 98101 Telephone: (206) 623-7292 E-mail: toml@hbsslaw.com NBA PROPERTIES: Fan Sues Over Unlawful Disclosure of Private Info ----------------------------------------------------------------- THOMAS FAN, individually and on behalf of all others similarly situated, Plaintiff v. NBA PROPERTIES, INC.; NATIONAL BASKETBALL PLAYERS ASSOCIATION; and DAPPER LABS, INC., Defendants, Case No. 4:23-cv-05069 (N.D. Cal., Oct. 3, 2023) arises out of the Defendants' violations of the Video Privacy Protect Act. The Plaintiff alleges that the Defendants collected and shared highly sensitive and specific information about basketball fans' video consumption habits without their informed written consent. Allegedly, the Defendants installed computer code on its website, called the "Meta Tracking Pixel," which tracks and records Plaintiff and Class members' private video consumption. NBA Properties Inc. is a New York Corporation with its principal place of business at 645 Fifth Ave., New York City, NY. It is a partner in the NBA Top Shot joint venture, which sells its blockchain video clips throughout California and the United States. [BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Stefan Bogdanovich, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com sbogdanovich@bursor.com - and - Christopher R. Reilly, Esq. BURSOR & FISHER, P.A. 701 Brickell Avenue, Suite 1420 Miami, FL 33131 Telephone: (305) 330-5512 Facsimile: (305) 676-9006 E-mail: creilly@bursor.com NORTH MAIN CLOTHING: Tarr Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against North Main Clothing Company, LLC. The case is styled as Ellen Elizabeth Tarr, on behalf of herself and all others similarly situated v. North Main Clothing Company, LLC, Case No. 1:23-cv-08808 (S.D.N.Y., Oct. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. North Main Clothing Company, LLC -- https://www.northandmainclothingco.com/ -- offer dresses, tees + tanks, rompers, jumpsuits, shoes, plus size, & accessories.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com NUANCE COMMUNICATIONS: Eyester Sues Over Data Breach ---------------------------------------------------- KRISTEN EYESTER, individually and on behalf of all others similarly situated, Plaintiff v. NUANCE COMMUNICATIONS, INC., Defendant, Case No. 1:23-cv-12281 (D. Mass., Oct. 3, 2023) arises from the Defendant's failure to properly secure and safeguard Plaintiff's and similarly situated individuals' personally identifiable information and protected health information, alleging claims against the Defendant for negligence, breach of fiduciary duty, and breach of implied contract. This class action is brought on behalf of all citizens of all states in the United States who are the victims of a targeted cyberattack on Nuance Communications, Inc. that occurred on or before May 28, 2023. Over three months after the Data Breach, on or around September 15, 2023, Nuance began filing Notice templates with state attorneys general. These Notice templates, however, failed to provide basic details concerning the Data Breach, including, but not limited to, how unauthorized parties accessed the Class Members' records, whether the information was encrypted or otherwise protected, or whether the breach was a system-wide breach. The Notice also failed to provide details on how many people were affected by the Data Breach, says the suit. Headquartered in Redmond, WA, Nuance provides medical technology, including radiology imaging, utilized by WakeMed, which is part of the Duke University Health System. [BN] The Plaintiff is represented by: Patrick T. Egan, Esq. Nathaniel L. Orenstein, Esq. Christina L. Gregg, Esq. BERMAN TABACCO One Liberty Square Boston, MA 02109 Telephone: (617) 542-8300 E-mail: pegan@bermantabacco.com norenstein@bermantabacco.com cgregg@bermantabacco.com - and - Lori G. Feldman, Esq. GEORGE GESTEN MCDONALD, PLLC 102 Half Moon Bay Drive Croton-on-Hudson, NY 10520 Telephone: (561) 232-6002 Facsimile: (888) 421-4173 E-mail: lfeldman@4-justice.com eService@4-justice.com ORIGIN MATERIALS: Jones Sues Over Misleading SEC Statements ----------------------------------------------------------- STEPHEN JONES, individually and on behalf of all others similarly situated, Plaintiff v. ORIGIN MATERIALS, INC., RICHARD J. RILEY, JOHN BISSELL, and NATE S. WHALEY, Defendants, Case No. 2:23-at-01006 (E.D. Cal., Oct. 4, 2023) arises out of the Defendants' violations of the Securities Exchange Act of 1934 and 78t(a)) and Rule 10b-5 promulgated by the Securities and Exchange Commission. The Plaintiff brings claims against all Defendants for these violations on behalf of the class of persons and entities that purchased or otherwise acquired Origin securities between February 23, 2023, and August 9, 2023. Throughout the Class Period, the Defendants misled investors by failing to disclose that (1) Origin would not be able to meet its previously announced timeline for the construction of the Origin 2 plant; (2) demand for PX had dropped such that it would not be the production focus of Origin 2; (3)Origin could not construct Origin 2 at its previously disclosed cost; (4) Origin could not construct Origin 2 at the scale it had previously identified, says the Plaintiff. Origin is incorporated under the laws of Delaware with its principal executive officers located in West Sacramento, California. Origin’s common stock trades on the Nasdaq Capital Market under the ticker symbol "ORGN." The Plaintiff is represented by: Ari Y. Basser, Esq. POMERANTZ LLP 1100 Glendon Avenue, 15th Floor Los Angeles, CA 90024 Telephone: (310) 405-7190 E-mail: abasser@pomlaw.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II POMERANTZ LLP 600 Third Avenue New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (917) 463-1044 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com PRECIGEN INC: Settlement in Securities Suit Gets Initial Nod ------------------------------------------------------------ Precigen, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that on July 7, 2023, United States District Court for the Northern District of California granted preliminary approval of the settlement of consolidated case captioned "In re Precigen Securities Litigation," Case No. 5:20-cv-06936-BLF and scheduled a final approval hearing this October 2023. In October 2020, several shareholder class action lawsuits were filed in the on behalf of certain purchasers of the company's common stock. The complaints name as defendants the company and certain of its current and former officers. The plaintiffs' claims challenged disclosures about the "MBP" program from May 10, 2017 to March 1, 2019. In March 2021, the court granted an order consolidating the claims and, in April 2021, appointed a lead plaintiff and lead counsel in the case. On May 18, 2021, the lead plaintiff filed an Amended Class Action Complaint. On August 2, 2021, the defendants moved to dismiss the Amended Class Action Complaint. On September 27, 2021, the lead plaintiff filed a Second Amended Class Action Complaint in lieu of a response to the defendants' motion to dismiss. On November 3, 2021, the defendants moved to dismiss the Second Amended Class Action Complaint and on May 31, 2022, the court granted the defendants' motion to dismiss the Second Amended Class Action Complaint with leave to amend. On August 1, 2022, the lead plaintiff filed a Third Amended Class Action Complaint. On August 2, 2022, the court granted the parties' request to conduct a private mediation session to explore potential resolution of the action. On November 17, 2022, at the conclusion of the mediation session, the parties executed a memorandum of understanding that agreed in principle to resolve the claims asserted in the securities class action. The settlement provides for a payment to the plaintiff class of $13,000. Precigen, Inc. is a dedicated discovery and clinical-stage biopharmaceutical company advancing next generation gene and cell therapies designed to target urgent and intractable diseases in its core therapeutic areas of immuno-oncology, autoimmune disorders and infectious diseases. PROCTER & GAMBLE: Morgan Files Suit in N.D. Florida --------------------------------------------------- A class action lawsuit has been filed against Procter & Gamble. The case is styled as Cody Morgan, on behalf of themselves and all other similarly situated v. Procter & Gamble, Case No. 3:23-cv-24628-MCR-ZCB (N.D. Fla., Oct. 6, 2023). The nature of suit is stated as Contract Product Liability. The Procter & Gamble -- https://us.pg.com/ -- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio.[BN] The Plaintiff is represented by: Michael Andrew Burns, Esq. MOSTYN LAW - HOUSTON TX 3810 W. Alabama Street Houston, TX 77027 Phone: (713) 714-0000 Email: epefile@mostynlaw.com PROGRESSIVE PREFERRED: Curran Bid to Restrict Portions of Rep OK'd ------------------------------------------------------------------ In the class action lawsuit captioned as MICHAEL CURRAN, individually and on behalf of others similarly situated, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, Case No. 1:22-cv-00878-NYW-MEH (D. Colo.), the Hon. Judge Michael E. Hegarty entered an order granting the plaintiff's motion for leave to restrict portions of plaintiff's reply in support of motion for class certification. Progressive offers homeowners insurance, workmen's compensation coverage, automotive insurance, and property and casualty re-insurance services to individuals and businesses. A copy of the Court's order dated Oct. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3Fi64hn at no extra charge.[CC] PROGRESSIVE SPECIALTY: Ford Must File Class Cert by Jan. 15, 2024 ----------------------------------------------------------------- In the class action lawsuit captioned as MICHAEL J. FORD, v. PROGRESSIVE SPECIALTY INSURANCE COMPANY, Case No. 2:21-cv-04147-JHS (E.D. Pa.), the Hon. Judge Joel H. Slomsky entered an amended scheduling order: 1. The Plaintiff's motion for class Jan. 15, 2024 certification shall be filed by: 2. The Plaintiff's Class Certification Jan. 15, 2024 Expert Disclosures shall be served upon opposing counsel by: 3. The Plaintiff's Class Certification Feb. 12, 2024 Expert Depositions shall be completed by: 4. The Defendant's Opposition to Class March 11, 2024 Certification shall be filed by: 5. The Defendant's Challenges to March 11, 2024 Plaintiff's Class Certification Experts shall be filed by: 6. The Defendant's Class Certification March 11, 2024 Expert Disclosures shall be served upon opposing counsel by: 7. The Defendant's Class Certification April 15, 2024 Expert Depositions shall be completed by: 8. The Plaintiff's Reply to Defendant's April 29, 2024 Opposition to Class Certification shall be filed by: 9. The Plaintiff's Challenges to April 29, 2024 Defendant's Class Certification Experts shall be filed by: Progressive offers property, casualty, life, and health insurance services. A copy of the Court's order dated Oct. 11, 2023 is available from PacerMonitor.com at https://bit.ly/3QfE43h at no extra charge.[CC] QUE CHEVERE: Cadavid Sues Over Restaurant Staff's Unpaid Wages -------------------------------------------------------------- DIANA CADAVID, LIZETH JOHANA, CASAS PAYAN, ALEJANDRO AGUIRRE MARTINEZ, JOHN JAIRO MONTERO ARCE, and PABLO RAMIREZ, individually and on behalf of others similarly situated, Plaintiffs v. QUE CHEVERE LES LLC (D/B/A QUE CHEVERE), QUE CHEVERE FIDI INC (D/B/A QUE CHEVERE), QUE CHEVERE LES LLC (D/B/A QUE CHEVERE), and MICHAEL D PETROVICH, Defendants, Case No. 1:23-cv-08673 (S.D.N.Y., Oct. 3, 2023) alleges Defendants' violations of the Fair Labor Standards Act of 1938, the New York Labor Law and certain wage orders of the New York Commissioner of Labor codified at New York Codes, Rules and Regulations. The Plaintiffs were employed as a cashier, porter, food preparer, dishwasher, and delivery worker at the restaurant. The Plaintiffs worked for Defendants in excess of 40 hours per week, without appropriate overtime and spread of hours compensation for the hours that they worked. Rather, Defendants failed to pay Plaintiffs appropriately for any hours worked, either at the straight rate of pay or for any additional overtime premium. Further, Defendants failed to pay Plaintiffs the required "spread of hours" pay for any day in which they had to work over 10 hours a day, says the suit. Que Chevere Les LLC owns, operates, or controls a Puerto Rican restaurants in New York under the name "Que Chevere." [BN] The Plaintiffs are 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 E-mail: catalina@csmlegal.com RITE AID: Katsuda Seeks Proper Wages for Store Managers ------------------------------------------------------- KEVIN KATSUDA, an individual, on behalf of himself, all other Aggrieved Employees, and the general public, Plaintiff v. RITE AID CORPORATION, a Delaware corporation, THRIFTY PAYLESS, INC d/b/a RITE AID, a California corporation, and DOES 1 through 50, inclusive, Defendants, Case No. 23STCV24210 (Cal. Super., Los Angeles Cty., Oct. 4, 2023) seeks civil penalties established by Labor Code section 2699, the Private Attorneys General Act, against Defendants for their unlawful employment practices resulting from their unlawful misclassification of Plaintiff and other Store Managers as salaried employees and exempt from overtime pay, meal and rest periods, and other benefits and protections for California employees. The Defendants allegedly did not not maintain adequate records of all wages earned, hours worked, and meal and rest breaks taken. They also failed to properly record the actual hours worked by Plaintiff and Store Managers and thus failed to pay minimum wages and overtime wages for the actual amount of minimum and overtime hours worked. Rite Aid Corporation operate drug stores throughout the United States, including in California. It sells health and wellness products and provide, among other things, prescription-filling, health information, and general groceries. [BN] The Plaintiff is represented by: Michael H. Boyamian BOYAMIAN LAW, INC. 550 North Brand Boulevard, Suite 1500 Glendale, CA 91203-1922 Telephone: (818) 547-5300 Facsimile: (818) 547-5678 E-mail: michael@boyamianlaw.com SCHLUMBERGER TECHNOLOGY: Lee Suit Transferred to S.D. Texas ----------------------------------------------------------- The case styled as Jerry Lee, individually and on behalf of all others similarly situated v. SCHLUMBERGER TECHNOLOGY CORPORATION, Case No. 2:21-cv-00493 was transferred from the U.S. District Court for the Central District of New Mexico, to the U.S. District Court for the Southern District of Texas on Oct. 4, 2023. The District Court Clerk assigned Case No. 4:23-cv-03725 to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Schlumberger NV, doing business as SLB -- https://www.slb.com/ -- also known as Schlumberger Limited, is an oilfield services company.[BN] The Plaintiff is represented by: Melissa Moore, Esq. Curt Hesse, Esq. MOORE & ASSOCIATES Lyric Centre 440 Louisiana Street, Suite 1110 Houston, TX 77002-1063 Phone: (713) 222-6775 Facsimile: (713) 222-6739 Email: melissa@mooreandassociates.net curt@mooreandassociates.net The Defendant is represented by: Glenn A. Beard, Esq. RODEY, DICKASON, SLOAN, AKIN & ROBB, P.A P.O. Box 1888 Albuquerque, NM 87103 - and - Robert P. Lombardi, Esq. THE KULLMAN FIRM, PLC 1100 Poydras Street, Suite 1600 New Orlreans, LA 70163 Phone: (504) 524-4162 Email: rpl@kullmanlaw.com - and - Kelly D. Reese, Esq. THE KULLMAN FIRM PLC P. O. Box 1287 Mobile, AL 36633 Phone: (251) 432-1811 Email: kr@kullmanlaw.com SHAUN FERGUSON: Bid to Vacate Scheduling Order OK'd in Williams --------------------------------------------------------------- In the class action lawsuit captioned as REMINGTYN A. WILLIAMS, et al., v. SHAUN FERGUSON, et al., Case No. 2:21-cv-00852-DJP-MBN (E.D. La.), the Hon. Judge Darrel James Papillion entered an order granting the Plaintiffs' Joint Ex Parte Motion to set a new deadline for all Parties to file a joint motion to vacate the current scheduling order and file a proposed amended scheduling order. -- The Parties shall further meet and confer and file a joint motion to vacate the current Scheduling Order(s) with a proposed amended scheduling order or otherwise jointly propose new trial dates, and corresponding discovery and pretrial deadlines, for both matters, and the Williams Plaintiffs' deadline to move for class certification, on or before October 17, 2023, for the Court's consideration. A copy of the Court's order dated Oct. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3M486FA at no extra charge.[CC] SHIMANO NORTH: Faces Erazo Suit Over Defective Cranksets -------------------------------------------------------- JOSE ERAZO, KEVIN LITAM, MAURICE SCORSOLINI, and MARCUS LEWIS, individually and on behalf of all others similarly situated, Plaintiffs v. SHIMANO NORTH AMERICA BICYCLE, INC., SHIMANO NORTH AMERICA HOLDING, INC., SPECIALIZED BICYCLE COMPONENTS, INC., and TREK BICYCLE CORPORATION, Defendants, Case No. 8:23-cv-01866 (C.D. Cal., Oct. 3, 2023) alleges claims against the Defendants for, among other things, unjust enrichment, breach of express warranty, breach of implied warranty of merchantability, and for violations of the Song-Beverly Act, the California's Consumer Legal Remedies Act, the California False Advertising Law, and the California's Unfair Competition Law. The Plaintiffs bring this action on behalf of themselves and all persons similarly situated who purchased a Defective Crankset or Class Bicycle. They seek redress individually and on behalf of those similarly situated for economic losses stemming from Defendants' distribution and/or sale of the Defective Cranksets and Class Bicycles, including but not limited to, diminished value. Headquartered in Irvine, CA, Shimano North America manufactures cycling components, fishing tackle, and rowing equipment. [BN] The Plaintiffs are represented by: Steven M. Jodlowski, Esq. DICELLO LEVITT LLP 4747 Executive Drive, Second Floor San Diego, CA 92121 Telephone: (619) 923-3939 E-mail: stevej@dicellolevitt.com - and - Adam J. Levitt, Esq. John E. Tangren, Esq. Daniel R. Ferri, Esq. DICELLO LEVITT LLP Ten North Dearborn Street, Sixth Floor Chicago, IL 60602 Telephone: (312) 214-7900 E-mail: alevitt@dicellolevitt.com jtangren@dicellolevitt.com dferri@dicellolevitt.com - and - Eric S. Dwoskin, Esq. DWOSKIN WASDIN LLP 433 Plaza Real, Suite 275 Boca Raton, FL 33432 Telephone: (561) 849-8060 E-mail: edwoskin@dwowas.com - and - Nicholas F. Wasdin, Esq. DWOSKIN WASDIN LLP 110 North Wacker Drive Chicago, IL 60606 Telephone: (312) 343-5361 E-mail: nwasdin@dwowas.com - and - Robert G. Loewy, Esq. LAW OFFICES OF ROBERT G. LOEWY, P.C 20 Enterprise, Suite 310 Aliso Viejo, CA 92656 Telephone: (949) 468-7150 E-mail: rloewy@rloewy.com STATE FARM: Clippinger Contract Suit Seeks Class Certification -------------------------------------------------------------- In the class action lawsuit captioned as JESSICA CLIPPINGER, on behalf of herself and all others similarly situated, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and AUDATEX NORTH AMERICA, INC. d/b/a AUDAEXPLORE, Case No. 2:20-cv-02482-TLP-cgc (W.D. Tenn.), the Plaintiff asks the Court to enter an order granting her motion for class certification. The Plaintiff moves this Court to certify the following class for her inducement of breach of contract and tortious interference claims against Audatex: "All persons who made a first-party claim on a policy of insurance issued by State Farm Mutual Automobile Insurance Company to a Tennessee resident who, from July 14, 2017 through the date an order granting class certification is entered, received compensation for the total loss of a covered vehicle, where that compensation was based on an appraisal report prepared by Audatex and the actual cash value was decreased based upon typical negotiation adjustments ("TNA") to the comparable vehicles used to determine actual cash value." This class definition mirrors the definition of the State Farm Class certified by the Court in its August 25, 2023, order -- the only difference being a longer class period due to a different filing date and a longer statute of limitations (three years instead of one year). State Farm offers vehicle, auto, accident, homeowners, condo owners, renters, life and annuities, fire and casualty, health, disability, flood, business, and boat insurance products and services. A copy of the Plaintiff's motion dated Oct. 13, 2023 is available from PacerMonitor.com at https://bit.ly/3PXcbwz at no extra charge.[CC] The Plaintiff is represented by: Tiffany Wyatt Oldham, Esq. Lee Lowther, Esq. Hank Bates, Esq. CARNEY BATES & PULLIAM, PLLC 519 W. 7th St. Little Rock, AR 72201 Telephone: (501) 312-8500 Facsimile: (501) 312-8505 E-mail: hbates@cbplaw.com toldham@cbplaw.com llowther@cbplaw.com - and - David A. Mclaughlin, Esq. MCLAUGHLIN LAW OFFICE 254 Court Avenue, Suite 209 Memphis, TN 38103 Telephone: (901) 888-8888 Facsimile: (901) 630-4359 E-mail: david@901attorneys.com - and - Edmund a. Normand, Esq. Jacob l. Phillips NORMAND PLLC 3165 McCrory Place, Suite 175 Orlando, FL 32803 Telephone: (407) 603-6031 E-mail: ed@normandpllc.com jacob.phillips@normandpllc.com STATE FARM: Nichols Labor Suit Seeks Class Certification -------------------------------------------------------- In the class action lawsuit captioned as CARLLYNN NICHOLS, on behalf of herself and all others similarly situated, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Case No. 2:22-cv-00016-SDM-EPD (S.D. Ohio), the Plaintiff asks the Court to enter an order: (1) Certifying case as a class action; (2) Appointing Ms. Nichols as class representative; (3) Appointing Matthew R. Wilson of Meyer Wilson Co., LPA and Roger N. Heller of Lieff Cabraser Heimann & Bernstein, LLP as class counsel; and (4) Directing the parties to submit a proposed class notice plan and form within 14 days. The Plaintiff Carllynn Nichols brought this case as a class action, alleging that State Farm is liable to her and other Ohio consumers subject to the same TNA deduction for breach of contract or unjust enrichment. Nichols does not take issue with any other aspect of her valuation. She challenges only the TNA deduction, which she alleges was not permitted in any amount whatsoever under the express and implied terms of the policy. She seeks certification of a class defined as follows: "All State Farm insureds (1) with first party personal line policies issued in Ohio, (2) who received compensation, from January 4, 2021, through November 15, 2021, for the total loss of their own vehicles under their First Party (Comprehensive, Collision, and UMPD) coverages, and (3) whose claim was settled using the amount determined by an Audatex total loss valuation which included a TNA deduction." State Farm offers vehicle, auto, accident, homeowners, condo owners, renters, life and annuities, fire and casualty, health, disability, flood, business, and boat insurance products and services. A copy of the Plaintiff's motion dated Oct. 13, 2023 is available from PacerMonitor.com at https://bit.ly/3rZHzlZ at no extra charge.[CC] The Plaintiff is represented by: Matthew R. Wilson, Esq. Jared W. Connors, Esq. MEYER WILSON CO., LPA 305 W. Nationwide Blvd. Columbus, OH 43215 Telephone: (614) 224–6000 Facsimile: (614) 224–6066 E-mail: mwilson@meyerwilson.com jconnors@meyerwilson.com - and - Jonathan D. Selbin, Esq. Roger N. Heller, Esq. Edward A. Baker, Esq. Nicholas W. Lee, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111–3339 Telephone: (415) 956–1000 Facsimile: (415) 956–1008 E-mail: jselbin@lchb.com rheller@lchb.com ebaker@lchb.com nlee@lchb.com - and - Sydney S. McLafferty, Esq. GEISER, BOWMAN & MCLAFFERTY, LLC 495 S. High St., Suite 400 Columbus, OH 43215 Telephone: (614) 222–4444 E-mail: smclafferty@protectingohio.com TALIS BIOMEDICAL: Securities Suit Seeks Rule 23 Class Status ------------------------------------------------------------ In the class action lawsuit RE TALIS BIOMEDICAL SECURITIES LITIGATIO,N Case No. 3:22-cv-00105-SI (N.D. Cal.), the Lead Plaintiffs ask the Court to enter an order: (1) Certify action as a class action pursuant to Rule 23(a) and (b)(3); (2) Appoint Lead Plaintiffs as Class Representatives pursuant to Rule 23(a) and (b)(3); and (3) Appoint BFA and Pomerantz as Co-Class Counsel pursuant to Rule 23(g). The Lead Plaintiffs seek certification of the following Class: "All persons or entities that purchased or otherwise acquired common stock issued by Talis pursuant and/or traceable to the registration statement and prospectus issued in connection with the Company's February 11, 2021 initial public offering and were damaged thereby." In February 2021, Talis conducted an IPO at $16.00 per share and raised $254 million -- largely from the Class. ¶3. Talis's value as a public company hinged on its ability to timely launch its sole product after a decade of development: a molecular diagnostic device called Talis One, comprised of a box-shaped analyzer instrument and single-use cartridges for COVID-19 testing. Talis's Registration Statement gave reasonable investors the firm impression that Talis One was an existing, fully functioning, and reliable product that had been "ordered" and was presently being "manufactured" at scale for delivery to Talis starting before the IPO. A copy of the Plaintiffs' motion dated Oct. 13, 2023 is available from PacerMonitor.com at https://bit.ly/3tA5yJ1 at no extra charge.[CC] The Plaintiffs are represented by: Joseph A. Fonti, Esq. Evan A. Kubota, Esq. Lesley E. Weaver, Esq. Matthew S. Melamed, Esq. BLEICHMAR FONTI & AULD LLP 7 Times Square, 27th Floor New York, NY 10036 Telephone: (212) 789-1340 Facsimile: (212) 205-3960 E-mail: jfonti@bfalaw.com ekubota@bfalaw.com lweaver@bfalaw.com mmelamed@bfalaw.com – and – Brian Schall, Esq. THE SCHALL LAW FIRM 2049 Century Park East, Suite 2460 Los Angeles, CA 90067 Telephone: (424) 303-1964 E-mail: brian@schallfirm.com – and – Jennifer Pafiti, Esq. Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. James M. LoPiano, Esq. Jonathan D. Park, Esq. POMERANTZ LLP 1100 Glendon Avenue, 15th Floor Los Angeles, CA 90024 Telephone: (310) 405-7190 Facsimile: (212) 661-8665 E-mail: jpafiti@pomlaw.com jalieberman@pomlaw.com ahood@pomlaw.com jlopiano@pomlaw.com jpark@pomlaw.com TCI TRANSPORTATION: Lopez Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against TCI Transportation Services of Norcal LLC. The case is styled as Ruben L. Lopez, individually and on behalf of all others similarly situated v. TCI Transportation Services of Norcal LLC, Case No. STK-CV-UOE-2023-0010633 (Cal. Super. Ct., San Joaquin Cty., Oct. 6, 2023). The case type is stated as "Unlimited Civil Other Employment." TCI Transportation Services Of Norcal LLC -- https://tcitransportation.com/ -- is a licensed and DOT registred trucking company running freight hauling business from Stockton, California.[BN] The Plaintiff is represented by: Jessica L. Campbell, Esq. AEGIS LAW FIRM 9811 Irvine Center Dr., Ste. 100 Irvine, CA 92618 Phone: 949-379-6250 Fax: (949) 379-6251 Email: jcampbell@aegislawfirm.com TSG INTERACTIVE: Bid to Appoint Class Counsel in Sykes OK'd ----------------------------------------------------------- In the class action lawsuit captioned as MELANIE SYKES, individually and on behalf of all others similarly situated, v. TSG INTERACTIVE US SERVICES LIMITED d/b/a PokerStars, Case No. 1:23-cv-07210 (S.D.N.Y.), the Hon. Judge Jesse M. Furman entered an order granting the Plaintiffs' motion to appoint interim co-lead class counsel and set schedule for filing of consolidated complaint. -- The Initial Pretrial Conference scheduled for November 14, 2023 is adjourned until January 23, 2024 at 9:00 a.m. The Court further entered an order that all other plaintiffs' counsel who are or may become involved in the Consolidated Action are prohibited from taking any action on behalf of the putative class in this Consolidated Action without advance authorization from Interim Co-Lead Class Counsel, except for an application to modify or be relieved from this Order. A copy of the Court's order dated Oct. 11, 2023 is available from PacerMonitor.com at https://bit.ly/3M0fWjQ at no extra charge.[CC] TSG INTERACTIVE: Bid to Appoint Class Counsel in Tucker Suit OK'd ----------------------------------------------------------------- In the class action lawsuit captioned as BRIAN TUCKER, individually and on behalf of all others similarly situated, v. TSG INTERACTIVE US SERVICES LIMITED d/b/a PokerStars, Case No. 7:23-cv-07265 (S.D.N.Y.), the Hon. Judge Jesse M. Furman entered an order granting the Plaintiffs' motion to appoint interim co-lead class counsel and set schedule for filing of consolidated complaint. -- The Initial Pretrial Conference scheduled for November 14, 2023 is adjourned until January 23, 2024 at 9:00 a.m. The Court further entered an order that all other plaintiffs' counsel who are or may become involved in the Consolidated Action are prohibited from taking any action on behalf of the putative class in this Consolidated Action without advance authorization from Interim Co-Lead Class Counsel, except for an application to modify or be relieved from this Order. A copy of the Court's order dated Oct. 11, 2023 is available from PacerMonitor.com at https://bit.ly/45xsxBZ at no extra charge.[CC] UNITED STATES: Bid for Class Cert in Morinville Due Feb. 20, 2024 ----------------------------------------------------------------- In the class action lawsuit captioned as Morinville et al v. United States Patent and Trademark Office, Case No. 1:19-cv-01779 (D.D.C., Filed June 18, 2019), the Hon. Judge Colleen Kollar-Kotelly entered an order as follows: -- The Plaintiffs' motion for class Feb. 20, 2024 certification due by: -- The Defendant's Response due by: April 20, 2024 -- The Plaintiffs' Reply due by: May 20, 2024 The suit alleges violation of the Right to Privacy Act. The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States.[CC] UNITED STATES: Thornton Seeks Briefing, Argument on Class Cert Bid ------------------------------------------------------------------ In the class action lawsuit captioned as MARCUS THORNTON, et al., v. ANTONY J. BLINKEN, in his official capacity as Secretary of the U.S. Department of State and in his individual capacity; THE U.S. DEPARTMENT OF STATE; CAROL PEREZ in her official capacity as Director General of the Foreign Service and Director of Global Talent Bureau in the Bureau of Global Talent Management at the U.S. Department of State and in her individual capacity; MARCIA S. BERNICAT in her official capacity as Director General of the Foreign Service and Director of Global Talent in the Bureau of Global Talent Management at the U.S. Department of State and in her individual capacity; Case No. 1:23-cv-00266-PTG-IDD (E.D. Va.), Thornton asks the court to order briefing and argument of class certification before consideration of motion to dismiss. United States Department of State is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. A copy of the Plaintiff's motion dated Oct. 10, 2023 is available from PacerMonitor.com at https://bit.ly/3M0Hfue at no extra charge.[CC] The Plaintiffs are represented by: E. Scott Lloyd, Esq. LLOYD, LEMMON, & HALE, PLLC 15 Chester St. Front Royal, VA 22630 Telephone: (540) 823-1110 E-mail: scott@lloydlemmonhale.com WEGMANS FOOD: Hernandez Sues Over Misleading Canned Fruit Labels ---------------------------------------------------------------- Jonas Hernandez, individually and on behalf of all others similarly situated, Plaintiff v. Wegmans Food Markets, Inc., Defendant, Case No. 1:23-cv-07450 (E.D.N.Y., Oct. 4, 2023) arises from the Defendant's deceptive marketing of its Wegmans brand "In 100% Juice" Canned Fruits in violation of the state consumer protection statutes and the New York’s General Business Law. Allegedly, the Defendant markets its canned fruit products in a systematically misleading manner by conspicuously misrepresenting on the labels of the Products that they: (1) are made "In 100% Juice Blend" and (2) contain "No Artificial Colors, Flavors, or Preservatives." In addition, the Defendant reinforces these misrepresentations by adding vignettes and the names of the fruits on the labels, says the suit. Wegmans Food Markets, Inc., is a corporation organized under the laws of New York with its headquarters at 1500 Brooks Avenue, Rochester, NY 14624. The company manufactures, packages, labels, advertises, markets, distributes and/or sells the canned fruit products in New York and throughout the United States. [BN] The Plaintiff is represented by: Adrian Gucovschi, Esq. GUCOVSCHI ROZENSHTEYN, PLLC 140 Broadway, Suite 4667 New York, NY 10005 Telephone: (212) 884-4230 E-mail: adrian@gr-firm.com WILLIAM BARR: Bird Must File Class Cert Bid by March 17, 2025 ------------------------------------------------------------- In the class action lawsuit captioned as PAULA BIRD, et al., v. WILLIAM BARR, Case No. 1:19-cv-01581 (D.D.C., Filed May 29, 2019), the Hon. Judge Jia M. Cobb entered a scheduling order as follows: -- Production of ESI shall be due by: May 31, 2024 -- The close of fact discovery shall Oct. 10, 2024 be due: -- The Plaintiff's Expert Report shall Nov. 8, 2024 be due by: -- The Defendant's Expert Report shall Dec. 27, 2024 be due by: -- The Plaintiff's Rebuttal Report shall Jan. 27, 2025 be due by: -- The close of expert discovery Feb. 18, 2025 shall be: -- The Plaintiff's Class-Certification March 17, 2025 Motion shall be due by: -- The Defendant's Opposition to Class April 30, 2025 Certification shall be due: -- The Plaintiff's Reply in Support of May 30, 2025 Class Certification shall be due by: The nature of suit states job discrimination -- employment.[CC] WINDWALKER SECURITY: Brown Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Windwalker Security Patrol, Inc., et al. The case is styled as Kyli Brown, individually and on behalf of all other similarly situated employees v. Windwalker Security Patrol, Inc., Richardo Valladao Edwards, Blanca Bernice Edwards, Case No. STK-CV-UOE-2023-0010634 (Cal. Super. Ct., San Joaquin Cty., Oct. 6, 2023). The case type is stated as "Unlimited Civil Other Employment." Windwalker -- https://www.windwalkersecurity.com/ -- provides unparalleled service in building security design, concierge services, security guards and access control, and cybersecurity.[BN] The Plaintiff is represented by: Justin P. Rodriguez, Esq. SHIMODA & RODRIGUEZ LAW, PC 9401 E Stockton Blvd., Ste. 120 Elk Grove, CA 95624-5050 Phone: 916-525-0716 Fax: 916-760-3733 Email: jrodriguez@shimodalaw.com WORLDWIDE FLIGHT: Sorto Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Rene A. Sorto, on behalf of himself and all others similarly situated v. WORLDWIDE FLIGHT SERVICES, INC., a Delaware corporation; and DOES 1 through 100, Inclusive, Case No. 23STCV19656 was removed from the Superior Court of the State of California in and for the County of Los Angeles, to the U.S. District Court for the Central District of California on Oct. 6, 2023, and assigned Case No. 2:23-cv-08481. The Complaint purports to state causes of action for: "Failure to Pay Overtime Wages;" "Failure to Pay Sick Leave;" "Failure to Provide Meal Periods;" "Failure to Provide Rest Periods;" "Failure to Pay All Wages Upon Termination;" "Failure to Provide Accurate Wage Statements;" and "Unfair Competition.".[BN] The Defendant is represented by: James C. Fessenden, Esq. Steven D. Eheart, Esq. FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 San Diego, CA 92121 Phone: (858) 597-9600 Facsimile: (858) 597-9601 Email: jfessenden@fisherphillips.com seheart@fisherphillips.com WOW RESTAURANT: Court Tosses Clarification Bid in Chen Class Suit ----------------------------------------------------------------- In the class action lawsuit captioned as Chen et al v. Wow Restaurant TH, LLC et al, Case No. 8:22-cv-02774 (M.D. Fla., Filed Dec. 6, 2022), the Hon. Judge Virginia M Hernandez Covington entered an endorsed order denying the Defendants' opposed motion for clarification. In the motion, Defendants are essentially arguing that the Court should not have denied their motion to decertify the Fair Labor Standards Act (FLSA) collective. According to Defendants, the FLSA collective action should have been decertified because "Plaintiff did not plead FLSA class action in their Amended Complaint" and "Plaintiffs only pleaded class action under FMWA and Rule 23." The Plaintiffs bring this action individually and on behalf of all other current and former non-exempt workers employed by Defendants at Yaki Sushi Grill BBQ over the three years preceding the filing of this Complaint, through entry of judgment in this case (the 'Collective').[CC] WP COMPANY: Hirlinger Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against WP Company, LLC, et al. The case is styled as Joseph Hirlinger, Guy Ball, individually and on behalf of classes of similarly situated individuals v. WP Company, LLC, Does 1 through 50, inclusive, Case No. CGC23609585 (Cal. Super. Ct., San Francisco Cty., Oct. 6, 2023). The case type is stated as "Fraud." WP Company LLC, doing business as The Washington Post -- https://www.washingtonpost.com/ -- operates as a publishing company.[BN] The Plaintiff is represented by: Eric Andrew Grover, Esq. KELLER GROVER LLP 1965 Market St., San Francisco, CA 94103 Phone: 415-543-1305 Fax: 415-543-7861 Email: eagrover@kellergrover.com YUMMYEARTH INC: Court Tosses Bid for Sanctions in Marino Suit ------------------------------------------------------------- In the class action lawsuit captioned as JENNIFER MARINO, v. YUMMYEARTH, INC., Case No. 3:22-cv-02739-VC (N.D. Cal.), the Hon. Judge Vince Chhabria entered an order denying YummyEarth's motion for sanctions. As explained more fully at the hearing, both parties are at fault for the failure to get Marino’s deposition completed, and both sides should be embarrassed at how they’ve conducted themselves in discovery. At the hearing, the Court informed Marino and her counsel that the deadline to file a motion for class certification had long passed. Marino was clearly unaware of that fact, and it appeared to be a surprise to counsel as well. A further case management conference is scheduled for November 3, 2023. A case management statement is due October 27, 2023. YummyEarth manufactures confectionery products. The Company offers lollipops, gummy bears, fruit snacks, sours, hard candies, and vitamin food products. A copy of the Court's order dated Oct. 11, 2023 is available from PacerMonitor.com at https://bit.ly/45vAM19 at no extra charge.[CC] ZAGG INC: Zelvin Files ADA Suit in S.D. New York ------------------------------------------------ A class action lawsuit has been filed against Zagg, Inc. The case is styled as Lynn Zelvin, on behalf of himself and all others similarly situated v. Zagg, Inc., Case No. 1:23-cv-08822-JPO (S.D.N.Y., Oct. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. ZAGG, Inc. -- http://www.zagg.com/-- design, produce and distribute creative mobile accessory solutions.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com ZAPPOS.COM LLC: Tarr Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Zappos.com LLC. The case is styled as Ellen Elizabeth Tarr, on behalf of herself and all others similarly situated v. Zappos.com LLC, Case No. 1:23-cv-08812 (S.D.N.Y., Oct. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Zappos.com -- http://www.zappos.com/-- is an American online shoe and clothing retailer based in Las Vegas, Nevada.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com ZELENKO LABS: Espinal Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Zelenko Labs LLC. The case is styled as Frangie Espinal, on behalf of herself and all other persons similarly situated v. Zelenko Labs LLC, Case No. 1:23-cv-08841 (S.D.N.Y., Oct. 6, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Zelenko Labs LLC are makers of Fine Health Products.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. 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