/raid1/www/Hosts/bankrupt/CAR_Public/231025.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, October 25, 2023, Vol. 25, No. 214
Headlines
27 BISCUITS: Court Denies w/o Prejudice Approval of Settlement Deal
3M COMPANY: Brice Sues Over Exposure to Toxic Chemicals & Foams
AMAZON.COM INC: Class Cert Bid Filing Continued to June 27, 2024
APIUM LOGISTICES: Coyle Files Suit in Cal. Super. Ct.
APPLE INC: Class Certification Hearing Continued to Jan. 18, 2024
APPLE INC: Orshan Seeks OK of Bid for Class Certification
ARAMARK SERVICES: Class Cert Bid Hearing in Baylon Set for Nov. 27
AVIS BUDGET: Court Tosses Valli Bid for Class Certification
AVIVA STANOFF DESIGN: Tarr Files ADA Suit in S.D. New York
BANKROLL CAPITAL: Filing for Class Certification Due Feb. 23, 2024
BATH & BODY: Skinner Sues Over Corrosive Car Fragrance Products
BLACK & DECKER: Trimmers Have Defective Spool & Sensor, Waldo Says
BLUE APRON: Mitchell Suit Removed to N.D. California
BLUEGREEN VACATIONS: Bid to Compel Arbitration OK'd in Mecke Suit
BRINKER RESTAURANT: Ackles Suit Removed to C.D. California
BUILDING SERVICE: Navarro Seeks to Recover Unpaid Wages
BURGER GUYS: Ferris Sues Over Tip Retention Policy
CAL. DEL: Orin Must File Class Cert Bid by Nov. 13
CALIFORNIA PIZZA: Hockenson Files Suit in Cal. Super. Ct.
CAROL MICI: Parties Seeks Nov. 13 Extension to File Class Cert Bid
COMPU-LINK CORPORATION: Plaintiffs Seek to Certify Class, Subclass
CONTRACT LAND: Seeks to File Class Cert Response by Oct. 26
CONTRACT LAND: Weinmann Labor Suit Seeks Class Certification
DAILYLOOK INC: Faces Faler Suit Over Unsolicited Text Messages
DAVID RAMSEY: Lampo Defendants' Bid to Strike Claims Partly OK'd
DETROIT, MI: More Time to Complete Discovery Sought in Howard Suit
EARTHLINK HOLDINGS: Murray Suit Seeks to Certify Class
EPIC AIRCRAFT: Seeks to Stay Bid to Deny Class Certification
FORD MOTOR: Tershakovec Seeks Recertification of Remanded Claims
FRC BALANCE: Faces Taylor Suit Over Unlawful Labor Practices
FRONTIER ENVIRONMENTAL: Class Cert Bid Filing Due May 8, 2024
GLOCK INC: Johnson Suit Seeks to Certify Rule 23 Class Action
GLOCK INC: Johnson Suit Seeks to Seal Class Cert. Docs
GOOGLE LLC: Plaintiffs Seeks to File Class Cert Portions Under Seal
GRADY JUDD: Wilson Sues Over Medical Leave Act Violation
GRAPHIC PACKAGING: Balles Suit Removed to C.D. California
GROUNDHOG ENTERPRISES: Maxine Suit Transferred to S.D. Florida
INTUIT INC: Rodriguez Files Suit for Breach of Fiduciary Duty
JR SECURITY: Braithwaite-Lovett Suit Removed to D. New Jersey
KROTO INC: Nelkin Hits Unlawful Pricing and Sales Practices
MCNEILL CONSUMER: Emmons Files Suit in E.D. Pennsylvania
MDL 2332: EPP Class Certification Hearing Adjourned to Oct. 26 & 27
META PLATFORMS: Keogh Sues Over Unlawful Surreptitious Tracking
MIKE BLOOMBERG: Seeks to Strike Declarations of Wood, et al.
MIKE DEWINE: Simon Bid to Convene Three-Judge Panel Tossed
MINDGEEK USA: Seeks Leave to File Docs Under Seal
MODIVCARE SOLUTIONS: Hines Suit Seeks Conditional Class Status
MONARCH NUT: Reyes Files Suit in Cal. Super. Ct.
NYC 1566 BEDFORD: Cuanetl Seeks Proper Wages for Laundry Workers
POST CONSUMER: DiMarco Sues Over Cereal Products' False Labeling
PUBLIX SUPER: Phenylephrine Medicine Ineffective, Rampalli Says
SOPHIA FOODS: Website Inaccessible to Blind, Martinez Suit Alleges
SPEAR PHYSICAL: Does not Timely Pay Workers, Marino Says
STERLING JEWELERS: Hussein Sues Over Blind-Inaccessible Website
TEACHERS INSURANCE: Robinson Files Suit Over Data Breach
TJX COMPANIES: Website Inaccessible to Blind Users, Walsh Says
TURNKEY MERCHANDISE: Website Inaccessible to Blind, Martinez Claims
UNITED STATES: Sued Over Illegal Citizenship Renunciation Fees
VISION SOLAR: PV System Violated Electrical Codes, Solide Alleges
*********
27 BISCUITS: Court Denies w/o Prejudice Approval of Settlement Deal
-------------------------------------------------------------------
In the class action lawsuit captioned as DEANNA OAKES and JINGER
BAKER, on behalf of themselves and all others similarly situated,
v. 27 BISCUITS, LLC, et al., Case No. 2:22-cv-02395-JAR-TJJ (D.
Kan.), the Hon. Judge Julie A. Robinson entered an order denying
without prejudice the parties' joint motion for approval of
settlement agreements.
The Court cannot grant the parties' motion for settlement approval
given the procedural posture of the case. If the parties wish to
proceed with settlement approval of the collective action asserted
in the First Amended Complaint, their renewed motion must ask the
Court to:
(1) conditionally certify the proposed collective;
(2) preliminarily approve the proposed settlement; and
(3) approve a proposed notice to the putative collective action
members.
The Plaintiffs Deanna Oakes and Jinger Baker, on behalf of
themselves and others similarly situated, bring this action against
Defendants, asserting violations of the Fair Labor Standards Act
(FLSA).
The Plaintiffs define the proposed collective in the First Amended
Complaint as:
"All The Big Biscuit servers employed by Defendants, within
three years from the commencement of this action who have not
been paid minimum wage for all hours worked and/or have not
been properly paid overtime compensation, at one-and-one-half
times the minimum wage, for all work performed in excess of 40
hours per week."
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3QhG8J7 at no extra charge.[CC]
3M COMPANY: Brice Sues Over Exposure to Toxic Chemicals & Foams
---------------------------------------------------------------
John Brice, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), WILLFIRE HC
LLC, d/b/a WILLLIAMS FIRE & HAZARD CONTROL, Case No.
2:23-cv-05043-RMG (D.S.C., Oct. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
kidney cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Scott M. Hendler, Esq.
HENDLER FLORES LAW, PLLC
901 S. MoPac Expressway
Bldg. 1, Ste 300
Austin, TX 78746
Phone: (512) 439-3202
Fax: (512) 439-3201
Email: shendler@hendlerlaw.com
AMAZON.COM INC: Class Cert Bid Filing Continued to June 27, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as MICHELLE MARTINHO, as an
individual and on behalf of all others similarly situated, v.
AMAZON.COM, INC., a Delaware corporation; AMAZON.COM SERVICES
LLC, a Delaware limited liability corporation; AMAZON WEB SERVICES,
INC., a Delaware corporation, and DOES 1 through 100, inclusive,
Case No. 4:22-cv-06849-YGR (N.D. Cal.), the Hon. Judge Yvonne
Gonzalez Rogers entered an order re stipulation to continue class
certification motion deadlines:
-- The last day to file Plaintiff's motion for class certification
shall be continued from March 29, 2024 to June 27, 2024.
-- The last day to file Defendants' opposition to motion for class
certification shall be continued from May 10, 2024 to August 8,
2024.
-- The class certification hearing shall be continued from June
25,
2024 at 2:00 p.m. to September 24, 2024 at 2:00 p.m.
Amazon.com is an American multinational technology company focusing
on e-commerce, cloud computing, online advertising, digital
streaming, and artificial intelligence.
A copy of the Court's order dated Oct. 11, 2023 is available from
PacerMonitor.com at https://bit.ly/48Vs1AG at no extra charge.[CC]
The Plaintiff is represented by:
Cody R. Kennedy, Esq.
MARLIN & SALTZMAN, LLP
29800 Agoura Road, Suite 210
Agoura Hills, CA 91301
Telephone: (818) 991-8080
Facsimile: (818) 991-8081
E-mail: ckennedy@marlinsaltzman.com
- and -
Peter M. Hart, Esq.
Ashlie E. Fox, Esq.
LAW OFFICES OF PETER M. HART
12121 Wilshire Blvd., Suite 525
Los Angeles, CA 90025
Telephone: (310) 439-9298
Facsimile: (509) 561-6441
E-mail: hartpeter@msn.com
ashlie.fox.loph@gmail.com
- and -
Steven A. Groode, Esq.
Anthony G. Ly, Esq.
Erin N. Collins, Esq.
LITTLER MENDELSON, P.C.
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone: (925) 932-2468
Facsimile: (925) 946-9809
E-mail: sgroode@littler.com
aly@littler.com
ecollins@littler.com
APIUM LOGISTICES: Coyle Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Apium Logistices LLC,
et al. The case is styled as John Kerry Coyle, on behalf of himself
and all others similarly situated v. Apium Logistices LLC, Case No.
23CV009587 (Cal. Super. Ct., Sacramento Cty., Oct. 6, 2023).
Apium Logistics -- https://apiumdelivery.com/ -- provides
data-driven logistics and fulfillment to customers in our
communities.[BN]
APPLE INC: Class Certification Hearing Continued to Jan. 18, 2024
-----------------------------------------------------------------
In the class action lawsuit captioned as CARL BARRETT, et al., v.
APPLE INC., et al., Case No. 5:20-cv-04812-EJD (N.D. Cal.), the
Hon. Judge Edward J. Davila entered an order that:
1. The case shall be stayed for 90 days from the date of this
Order;
and
2. Within 90 days from the date of this Order, the Parties shall
submit a Joint Status Report updating the Court on their
progress.
3. The October 19, 2023, Class Certification Hearing is Continued
to
January 18, 2024.
Apple Inc. is an American multinational technology company.
A copy of the Court's order dated Oct. 11, 2023 is available from
PacerMonitor.com at https://bit.ly/3tD0y6h at no extra charge.[CC]
The Plaintiffs are represented by:
Joseph P. Guglielmom, Esq.
Alex Outwater, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
230 Park Ave., 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: jguglielmo@scott-scott.com
aoutwater@scott-scott.com
- and -
Nyran Rose Rasche, Esq.
Nickolas J. Hagman, Esq.
CAFFERTY CLOBES MERIWETHER &
SPRENGEL LLP
135 South LaSalle Street, Suite 3210
Chicago, IL 60603
Telephone: (312) 782-4880
Facsimile: (318) 782-4485
E-mail: nrasche@caffertyclobes.com
nhagman@caffertyclobes.com
- and -
Anthony F. Fata, Esq.
KIRBY McINERNEY LLP
211 West Wacker Drive, Suite 550
Chicago, IL 60606
Telephone: (312) 767-5180
E-mail: afata@kmllp.com
The Defendants are represented by:
David R. Singh, Esq.
Morgan D. Macbride, Esq.
Amy Le, Esq.
Sarah Coyne, Esq.
Robert Niles-Weed, Esq.
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway, 4th Floor
Redwood Shores, CA 94065-1134
Telephone: (650) 802-3000
Facsimile: (650) 802-3100
E-mail: david.singh@weil.com
morgan.macbride@weil.com
amy.le@weil.com
sarah.coyne@weil.com
robert.niles-weed@weil.com
APPLE INC: Orshan Seeks OK of Bid for Class Certification
---------------------------------------------------------
In the class action lawsuit captioned as PAUL ORSHAN, DEANNA NESS,
KYE WEASNER, and MARGARET HART, individually and on behalf of all
others similarly situated, v. APPLE INC., Case No.
5:14-cv-05659-EJD (N.D. Cal.), the Plaintiffs ask the Court to
enter an order granting their renewed motion for class
certification and certifying the proposed Classes:
-- Preinstall Class
"All persons who purchased new 16GB iPhones or iPads in the
United
States between September 17, 2014, and September 30, 2016, with
iOS 8 preinstalled;"
-- California Preinstall Subclass
"All persons who purchased new 16GB iPhones or iPads in
California
between September 17, 2014, and September 30, 2016, with iOS 8
preinstalled;"
-- Upgrade Class
"All persons who purchased new 16GB iPhones or iPads in the
United
States between March 11, 2011, and September 16, 2014, with a
predecessor operating system (iOS) and subsequently installed
iOS
8 between September 17, 2014, and September 30, 2016."
Excluded from the Classes are Defendant Apple Inc., its
parents,
subsidiaries, affiliates, officers and directors; any entity in
which Apple has a controlling interest; governmental entities;
and
all judges assigned to hear any aspect of this litigation, as
well
as their staff and immediate family members.
The Plaintiffs also move to appoint themselves as Class
representatives, the law firm of Handley Farah & Anderson PLLC as
lead counsel, and the law firms of Audet & Partners, LLP, Baron &
Herskowitz, Cuneo Gilbert & LaDuca, LLP, and Lockridge Grindal
Nauen PLLP as Class counsel.
The case focuses on how technology giant Apple provided
fundamentally flawed representations and omissions concerning the
storage capacity actually available to consumers on 16-gigabyte
iPhones and iPads labeled as having "16GB" of storage.
The undisputed evidence demonstrates that Apple used advertising
language and placement that led reasonable consumers to believe
that their 16GB iPhones and iPads would provide 16 gigabytes (GB)
of storage capacity for their personal use.
However, Apple's iOS 8 operating system, preinstalled nonremovable
applications, and other actions taken by Apple reduced the
available storage space below the 16GB Apple advertised by nearly
25%.
Apple is an American multinational technology company.
A copy of the Plaintiffs' motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3S2r1oa at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael McShane, Esq.
Ling Y. Kuang, Esq.
Kurt D. Kessler, Esq.
AUDET & PARTNERS, LLP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 568-2555
Facsimile: (415) 568-1776
E-mail: mmcshane@audetlaw.com
lkuang@audetlaw.com
kkessler@audetlaw.com
- and -
William H. Anderson, Esq.
Matthew K. Handley, Esq.
Nicholas J. Jackson, Esq.
Rebecca P. Chang, Esq.
HANDLEY FARAH & ANDERSON PLLC
5353 Manhattan Circle, Suite 204
Boulder, CO 80303
Telephone: (303) 800-9109
E-mail: wanderson@hfajustice.com
njackson@hfajustice.com
rchang@hfajustice.com
- and -
Robert K. Shelquist, Esq.
Rebecca A. Peterson, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
E-mail: rkshelquist@locklaw.com
rapeterson@locklaw.com
- and -
Jon M. Herskowitz, Esq.
BARON & HERSKOWITZ, Esq.
9100 S. Dadeland Blvd., Suite 1704
Miami, FL 33156
Telephone: (305) 670-0101
Facsimile: (305) 670-2393
E-mail: jon@bhfloridalaw.com
- and -
Charles J. Laduca, Esq.
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Avenue, NW
Washington, DC 20016
Telephone: (202) 789-3960
Facsimile: (202) 789-1813
E-mail: charlesl@cuneolaw.com
ARAMARK SERVICES: Class Cert Bid Hearing in Baylon Set for Nov. 27
------------------------------------------------------------------
In the class action lawsuit captioned as JOSE BAYLON and CHRISTIAN
GUTIERREZ, individuals, on behalf of themselves, all others
similarly situated, and the general public, v. ARAMARK SERVICES,
INC., a Delaware corporation and DOES 1 to 100, inclusive, Case No.
2:23-cv-04510-PA-SK (C.D. Cal.), the Hon. Judge Percy Anderson
entered an order granting joint stipulation to continue hearing on
the plaintiffs' motion for class certification.
1. The Plaintiffs shall make themselves Oct. 21, 2023
available for depositions to take
place on or before:
2. The Plaintiffs' motion for Class Nov. 27, 2023
certification will be heard on:
3. The Defendant's opposition to the Nov. 6, 2023
Motion for Class Certification shall
Be filed and served on or before:
4. The Plaintiffs' reply in support of Nov. 13, 2023
its Motion for Class Certification
shall be filed and served on or
before:
Aramark is an American food service, facilities, and uniform
services provider to clients in areas including education, prisons,
healthcare, and business.
A copy of the Court's order dated Oct. 10, 2023 is available from
PacerMonitor.com at https://bit.ly/3QfpBVZ at no extra charge.[CC]
AVIS BUDGET: Court Tosses Valli Bid for Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as DAWN VALLI, et al.,
individually and on behalf of others similarly situated, v. AVIS
BUDGET RENTAL CAR GROUP, LLC, et al., Case No. 2:14-cv-06072-JBC
(D.N.J.), the Hon. Judge James B. Clark, III entered an order:
-- Denying the Plaintiffs' motion for class certification as to
the
The Plaintiffs' proposed nationwide class; and
-- Granting as to a Preferred Members Subclass created at the
Court's discretion pursuant to Rule 23(c)(4)(B).
Thus, the Court finds the proposed class here sufficiently
different than that certified in Mendez. Turning to the assessment
of the four non-exclusive factors set forth in Rule 23(b)(3), in
Mendez the court found the four factors were met and superiority
was satisfied because
(1) the claims of each class member were relatively small, which
meant that few members would be able to bring claims absent
the
class action; and
(2) few class members would be able to pursue litigation on
their
own, because their recoveries would be less than the cost of
litigating.
On September 30, 2014, Valli initially filed a class action
complaint against Avis Budget and ATS Processing, regarding their
alleged "misrepresentations and omissions concerning charging [car
rental customers] for alleged traffic infractions and an
administrative fee without consent, without disclosure, and without
the opportunity to contest the allegation.
On July 1, 2019, Plaintiffs filed the instant motion for class
certification. In their motion, the Plaintiffs seek to certify the
following class for the period of September 30, 2008, through the
Present:
"All United States residents who rented an Avis or Budget brand
vehicle during the Class Period and whose rented vehicle was the
subject of an alleged parking, traffic, toll or other violation,
where: (1) the ticket issuing authority sent notice of the
ticket
directly to ABG; (2) ABG or its agent paid the fine and/or court
costs associated with the alleged violation; and (3) ABG charged
the vehicle renter for such fine, penalty and court costs,
and/or
an associated administrative fee."
Avis is a provider of car and truck rental and car sharing
services.
A copy of the Court's opinion dated Oct. 10, 2023 is available from
PacerMonitor.com at https://bit.ly/3PSE2hs at no extra charge.[CC]
AVIVA STANOFF DESIGN: Tarr Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Aviva Stanoff Design,
Inc. The case is styled as Ellen Elizabeth Tarr, on behalf of
herself and all others similarly situated v. Aviva Stanoff Design,
Inc., Case No. 1:23-cv-08794 (S.D.N.Y., Oct. 6, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Aviva Stanoff Design -- https://avivastanoff.com/ -- is an American
artisanal studio specializing in original textile designs, bespoke
pillows, throws and home 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
BANKROLL CAPITAL: Filing for Class Certification Due Feb. 23, 2024
------------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL BARACK; MICHELLE
BARACK; and GERALD BUSBEE, individually and on behalf of a class,
v. BANKROLL CAPITAL INC., Case No. 4:23-cv-00615-O (N.D. Tex.), the
Hon. Judge Reed O' Connor entered an order granting the motion for
leave to conduct class discovery and ORDERS Plaintiffs to:
(1) Conclude class discovery no later than February 16, 2024;
and
(2) File a motion for class certification no later than February
23, 2024.
Bankroll is a financial technology company.
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3tG9APZ at no extra charge.[CC]
BATH & BODY: Skinner Sues Over Corrosive Car Fragrance Products
---------------------------------------------------------------
CHRISTOPHER SKINNER, individually and on behalf of all others
similarly situated, Plaintiff v. BATH & BODY WORKS, INC., BATH &
BODY WORKS, LLC, and BATH & BODY WORKS DIRECT, INC., Defendants,
Case No. 2:23-cv-03226-JLG-CMV (S.D. Ohio, Oct. 2, 2023) is a
consumer protection class action against Bath & Body Works seeking
damages and injunctive relief based on Defendants' material
misrepresentations and omissions of fact regarding their car
fragrance products in violation of the Alabama Deceptive Trade
Practices Act and the Consumer Fraud and Deceptive Trade Practices
Acts of various states and District of Columbia.
According to the complaint, the car fragrance products whose
corrosive liquid contents leak from their containers cause damage
to the surfaces of consumers' vehicles and vehicle components. The
Plaintiff and the Class members who purchased the products suffered
damages because Defendants fail to disclose known facts regarding
the products, and make misrepresentations about appropriate uses
for the products in the description that lead consumers to install
the products in areas near interiors of their vehicles such as the
visor, seat pocket, or air vent where the products will drip or
leak and cause significant damage. There are no warnings that the
contents of the products may corrode or otherwise cause damage to
the vehicles or vehicle components, the suit asserts.
Bath & Body Works, Inc. is an American retail store chain that
sells soaps, lotions, fragrances, and candles.[BN]
The Plaintiff is represented by:
Marc E. Dann, Esq.
Brian D. Flick, Esq.
Jeffery A. Crossman, Esq.
DANNLAW
15000 Madison Avenue
Lakewood, OH 44107
Telephone: (216) 373-0539
Facsimile: (216) 373-0536
- and -
Thomas A. Zimmerman, Jr., Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Telephone: (312) 440-0020
Facsimile: (312) 440-4180
E-mail: tom@attomeyzim.com
BLACK & DECKER: Trimmers Have Defective Spool & Sensor, Waldo Says
------------------------------------------------------------------
GRAHAM WALDO, individually and on behalf of all others similarly
situated v. BLACK & DECKER (U.S) INC., Case No. 2:23-cv-08427 (C.D.
Cal., Oct. 6, 2023) is a class action brought by Plaintiff on
behalf of himself and other similarly situated persons who
purchased Black & Decker String Trimmer/Edger model numbers
BESTA510 and GH900, and all other substantially similar string
trimmers (the "Products") that suffer from a safety defect.
According to the complaint, the safety defect affects the Products'
central functional. The Products are, therefore, defective,
unmerchantable, and unfit for their ordinary, intended purpose, the
Plaintiff contends. Specifically, the Products have a dangerously
defective auto feeding spool and sensor, posing a significant
safety hazard for consumers.
As a result of the defect, too much spool can be advanced, and
pierces of trimmer string can come loose during use and become
airborne projectiles, posing a laceration hazard to users as well
as bystanders. Such a design defect is extraordinarily dangerous
and has rendered the Products unsuitable for their principal and
intended purpose. Indeed, many consumers have suffered physical
injuries as a result of this defect, including the Plaintiff, who
suffered a painful and deep laceration to his leg, alleges the
suit.
The Defendant has not recalled the Products or offered any other
program to reimburse or assuage users who are at risk of harm. As a
result of the Defendant's misconduct and omissions, the Plaintiff
and putative Class members have suffered injury in fact, including
economic damages, the suit added.
The Plaintiff brings this suit to halt the Defendant's unlawful
sales and marketing of the Products and for economic damages
sustained as a result.
On March 31, 2023, the Plaintiff Graham Waldo purchased a Black &
Decker string trimmer model BESTA510 from a Home Depot store in San
Pedro, California. The Plaintiff paid $99.00 plus tax for the
Product.
The Defendant is the manufacturer, distributor, and seller of power
and hand tools.[BN]
The Plaintiff is represented by:
Alexander E. Wolf, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN
280 South Beverly Drive, Penthouse
Beverly Hills, CA 90212
Telephone: (872) 365-7060
E-mail: awolf@milberg.com
BLUE APRON: Mitchell Suit Removed to N.D. California
----------------------------------------------------
The case captioned as Cortez Mitchell, as an individual and on
behalf of all persons similarly situated v. BLUE APRON, LLC, a
Delaware Limited Liability Company; and DOES 1-100 inclusive, Case
No. 23STCV20020 was removed from the Superior Court for the State
of California, County of Contra Costa, to the U.S. District Court
for the Northern District of California on Oct. 6, 2023, and
assigned Case No. 3:23-cv-05131.
In the Complaint, the Plaintiff asserts eight causes of action
arising out of his employment with Defendant: failure to pay
minimum wages; failure to pay overtime wages; failure to provide
meal periods; failure to permit rest periods; failure to provide
accurate itemized wage statement; failure to pay all wages due upon
separation of employment; failure to reimburse business expenses;
and violations of California Business & Professions Code.[BN]
The Defendant is represented by:
Ellen M. Bronchetti, Esq.
Priya E. Singh, Esq.
GREENBERG TRAURIG, LLP
101 Second Street, Suite 2200
San Francisco, CA 94105
Phone: 415.655.1300
Facsimile: 415.707.2010
Email: Ellen.bronchetti@gtlaw.com
Priya.singh@gtlaw.com
BLUEGREEN VACATIONS: Bid to Compel Arbitration OK'd in Mecke Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as DENISE MECKE, v. BLUEGREEN
VACATIONS CORP., et. al., Case No. 6:23-cv-03047-MDH (W.D. Mo.),
the Hon. Judge Douglas Harpool entered an order granting the
Defendants' Motion to Compel Arbitration.
The Plaintiff argues the Agreement is substantively unconscionable
because it involves a class-action waiver. This Court finds this
argument unpersuasive. First, as Defendants argue, the Agreement
does not require Plaintiff to waive class action claims, but
instead requires those claims to be submitted to arbitration.
The Plaintiff worked for Defendant Bluegreen in a variety of
positions from 2002 until 2010, at which point Plaintiff
voluntarily ended her
employment because, she contends, she observed certain sales
practices she found to be unethical.
Bluegreen Vacations sells and manages timeshare properties
throughout the United States.
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3rIm2hS at no extra charge.[CC]
BRINKER RESTAURANT: Ackles Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Marionna Naomi Latrice Ackles, and individual
and on behalf of all others similarly situated v. BRINKER
RESTAURANT CORPORATION, a Virginia corporation; SHANE SOWERS, an
individual; and DOES 1 through 100, inclusive, Case No. 23STCV20020
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-08463.
The Plaintiff is suing Defendants for alleged violations of the
Fair Labor Standards Act of 1938 ("FLSA"). In the Complaint,
Plaintiff asserts three causes of action against the purported
Defendants for: Violation of 29 U.S.C. Section 212 – Against All
Defendants; Violation of 29 U.S.C. Section 213 – Against All
Defendants; and Unfair Competition – Against All Defendants.[BN]
The Defendant is represented by:
Michael D. Thomas, Esq.
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Phone: (949) 885-1360
Facsimile: (949) 885-1380
Email: Michael.Thomas@jacksonlewis.com
- and -
Angela Quiles Nevarez, Esq.
JACKSON LEWIS P.C.
725 South Figueroa St., Suite 2500
Los Angeles, CA 90017
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Angela.Nevarez@jacksonlewis.com
BUILDING SERVICE: Navarro Seeks to Recover Unpaid Wages
-------------------------------------------------------
MARIA ISABEL ALVARADO NAVARRO, ARMANDO ROMERO ROJO, and CHRISTIAN
"RICARDO RODRIGUEZ" ENRIQUE CAMACHO ALVARADO, a minor by his mother
and natural guardian, MARIA I. ALVARADO NAVARRO; and DIEGO "ALEXIS"
ELEAZAR CAMACHO ALVARADO, a minor by his mother and natural
guardian MARIA I. ALVARADO NAVARRO, for himself and all others
similarly situated, Plaintiffs v. BUILDING SERVICE, INC., d/b/a
GUADALUPE "LUPE" CASTILLO RAMIREZ AND ESTEBAN ALVARADO NAVARRO,
Defendants, Case No. 1:23-cv-07343 (E.D.N.Y., Oct. 2, 2023) is
brought pursuant to the Fair Labor Standards Act, the New York
Labor Law, and the N.Y. Comp. Codes R. & Regs., stemming from the
Defendants' alleged unlawful labor policies and practices.
The Plaintiffs bring this action to recover the unpaid wages and
overtime premiums she is owed pursuant to state and federal laws;
unpaid spread-of-hours premiums; damages due to Defendants' failure
to provide time for meals; and damages due to Defendants'
violations of the wage notice provisions.
The Plaintiffs bring these claims on their own behalf and as the
representatives of a class of all current and former employees of
the Corporate Defendants who worked in New York as kitchen staff in
the time period that commenced six years prior to the filing of
this complaint.
Building Service, Inc. provides professional janitorial services to
commercial properties and businesses throughout New York City,
Queens, Bronx, Long Island, New Jersey, Connecticut, Brooklyn, and
Staten Island.[BN]
The Plaintiffs are represented by:
Naresh M. Gehi, Esq.
GEHI & ASSOCIATES
74-09 37th Avenue, Suite 205
Queens, NY 11372
Telephone: (718) 263-5999
E-mail: court@gehilaw.com
BURGER GUYS: Ferris Sues Over Tip Retention Policy
--------------------------------------------------
TODD FERRIS, for himself and on behalf of those similarly situated,
Plaintiff v. BURGER GUYS OF AVENTURA, LLC, a Florida Limited
Liability Company, d/b/a BurgerFi, and BURGER GUYS OF DANIA POINT,
LLC, a Florida Limited Liability Company, d/b/a BurgerFi,
Defendants, Case No. 1:23-cv-23794 (S.D. Fla., Oct. 5, 2023) arises
out of the Defendant's violations of the Fair Labor Standard Act.
In or about April 2023, Defendants hired Plaintiff to work as a
non-exempt hourly-paid cashier at BURGERFI's location in Aventura,
Miami-Dade County, FL. Plaintiff was employed by Defendants in this
position until August 1, 2023. Among other things, the Defendants
in this case violated the FLSA by retaining 100% of Plaintiff's
tips, as well as the tips of those similarly situated tip-eligible
employees, says the suit.
Burgerfi is an enterprise engaged in the hospitality industry, and
specifically in the operation of restaurants. [BN]
The Plaintiff is represented by:
Angeli Murthy, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Road, Suite 4000
Plantation, FL 33324
Telephone: (954) 327-5369
Facsimile: (954) 327-3016
E-mail: amurthy@forthepeople.com
CAL. DEL: Orin Must File Class Cert Bid by Nov. 13
--------------------------------------------------
In the class action lawsuit captioned as Lindsay Orin v. Cal. Del.
U.S.A. Inc. et al., Case No. 2:23-cv-03404-FMO-KS (C.D. Cal.), the
Hon. Judge Fernando M. Olguin entered an order after reviewing the
parties' joint notice of settlement:
1. All pending deadlines and proceedings are hereby vacated.
2. The Plaintiff shall file a Motion for Class Certification and
Preliminary Approval of Settlement Agreement no later than
November 13, 2023.
3. The Plaintiff is advised that the court will not grant the
Motion unless it includes a discussion of the Rule 23(e) of
the
Federal Rules of Civil Procedure requirements, including but
not
limited to evidentiary support, where appropriate, regarding
the
following issues:
(A) All class and FLSA certification requirements, including
(i) declarations from proposed class representatives
as
to the adequacy of their representation of the
class;
and
(ii) any differences between the settlement class and
the
class proposed in the operative complaint (if the
class has already been certified, the difference
between the settlement class and the previously
certified class), and an explanation as to why the
differences are appropriate.
(B) Whether the settlement is within a range of possible
judicial approval.
(C) The proposed allocation plan for the settlement fund.
(D) The arms-length negotiation of the settlement
discussion(s), including whether, and to what extent,
the
proposed class representatives were involved in the
negotiation(s).
(E) Incentive payments and the standard set forth in
Radcliffe
v. Experian Info. Solutions Inc., 715 F.3d 1157 (9th
Cir.
2013), including declarations from the proposed class
representative regarding
(i) the time, risk, and burden incurred by the class
representative(s), and the assistance he or she
provided to class counsel throughout the case;
and
(ii) whether the incentive payment is conditioned on
the
class representative's approval of the
settlement.
(F) If the settlement contemplates a cy pres award, the
parties shall identify the proposed cy pres recipient,
and
explain how the recipient’s mission or goals are
related
to the interests of the class members. The parties
shall
also identify any relationship they or their counsel
have
with the proposed cy pres recipient.
(G) Adequacy of the class notice, including whether and how
it
fairly apprises the putative class members of the terms
of
the proposed settlement, and of the options available
to
them in connection with the settlement and court
proceedings.
A copy of the Court's order dated Oct. 11, 2023 is available from
PacerMonitor.com at https://bit.ly/3RZTFGC at no extra charge.[CC]
CALIFORNIA PIZZA: Hockenson Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against California Pizza
Kitchen, Inc. The case is styled as Brandon Hockenson, individually
and on behalf of himself and all others similarly situated v.
California Pizza Kitchen, Inc., Does 1 through 50, inclusive, Case
No. CGC23609578 (Cal. Super. Ct., San Francisco Cty., Oct. 6,
2023).
The case type is stated as "Other Non-Exempt Complaints."
California Pizza Kitchen -- https://www.cpk.com/ -- is an American
casual dining restaurant chain that specializes in California-style
pizza.[BN]
The Plaintiff is represented by:
Christina M. Lucio, Esq.
FARNAES & LUCIO, APC
2235 Encinitas Blvd., Ste. 210
Encinitas, CA 92024-4357
Phone: 760-942-9433
Fax: 760-452-4421
Email: clucio@farnaeslaw.com
CAROL MICI: Parties Seeks Nov. 13 Extension to File Class Cert Bid
------------------------------------------------------------------
In the class action lawsuit captioned as DWAYNE DIGGS, ET AL. v.
CAROL MICI, ET AL., Case No. 4:22-cv-40003-MRG (D. Mass.), the
Parties ask the Court to enter an order extending the deadline to
file a motion for class certification to November 13, 2023.
The parties move the Court to extend the deadline for filing for
class certification by one month. The current deadline is October
12, 2023. The new deadline would be November 13, 2023.
The case is a putative class action brought by nine people
presently and formerly incarcerated by the Department of Correction
against eighteen present and former Department of Correction
employees, including DOC Commissioner Carol Mici and other
high-ranking correction officials.
The case arises out of an approximately monthlong period in January
and February 2020 following a serious assault on several DOC
correction officers.
The Plaintiffs allege that after the assault, Defendants and other
officers engaged in a campaign of unconstitutional retaliatory
violence against approximately 150 prisoners. The Plaintiffs also
allege that the violence was racially motivated in violation of the
Equal Protection Clause.
A copy of the Parties' motion dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/46wND4v at no extra charge.[CC]
The Plaintiffs are represented by:
Lauren Petit, Esq.
James R. Pingeon, Esq.
David Milton, Esq.
Kristyn J.E. Huey, Esq.
PRISONERS' LEGAL SERVICES OF MASSACHUSET
50 Federal Street, 4th Floor
Boston, MA 02110
E-mail: lpetit@plsma.org
jpingeon@plsma.org
dmilton@plsma.org
khuey@plsma.org
- and -
Anthony E. Fuller, Esq.
Gregory F. Noonan, Esq.
Alexandra G. Watson, Esq.
Courtney A. Caruso, Esq.
Kayla H. Ghantous, Esq.
HOGAN LOVELLS US LLP
125 High Street, Suite 2010
Boston, MA 02110
Telephone: (617) 371-1000
E-mail: anthony.fuller@hoganlovells.com
gregory.noonan@hoganlovells.com
alexandra.bailey@hoganlovells.com
courtney.caruso@hoganlovells.com
kayla.ghantous@hoganlovells.com
The Defendants are represented by:
Stephanie Caffrey, Esq.
Brittni Wipper, Esq.
MASSACHUSETTS DEPARTMENT OF CORRECTION
70 Franklin Street, Suite 600
Boston, MA 02110
Telephone: (617) 727-3300
E-mail: stephanie.m.caffrey@doc.state.ma.us
COMPU-LINK CORPORATION: Plaintiffs Seek to Certify Class, Subclass
------------------------------------------------------------------
In the class action lawsuit captioned as SHEILA DANCY-WILKINS and
SHEILA DANCYWILKINS AS POWER OF ATTORNEY FOR FLORA MAYWEATHERS on
behalf of themselves and all others similarly situated, v.
COMPU-LINK CORPORATION D/B/A CELINK, and REVERSE MORTGAGE FUNDING,
LLC, Case No. 2:22-cv-06208-JS-LGD (E.D.N.Y.), the Plaintiffs ask
the Court to enter an order granting class certification against
Reverse Mortgage of the following Class and Subclass:
(a) The Servicing Fees Class
"All borrowers, and heirs and estates of borrowers, who had
a
HECM or reverse mortgage loan serviced or subserviced by RMF
since December 21, 2012 and whose loans were charged or
assessed the following service fees after loans were
declared
due and payable:
- "Payment for Attorney Fees / Costs," "Payment for Property
Inspection," "Payment for Property Appraisal," and/or
"Payment for Property Preservation."
(b) The New York Subclass
"All members of the Servicing Fees Class whose homes
securing
the HECM or reverse mortgage loans were located in New
York."
Compu-Link specializes in subservicing reverse mortgages.
A copy of the Plaintiffs' motion dated Oct. 11, 2023 is available
from PacerMonitor.com at https://bit.ly/3RRLzzI at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph S. Tusa, Esq.
TUSA P.C.
55000 Main Road, 2nd Floor
Southold, NY 11971
Telephone: (631) 407-5100
E-mail: joseph.tusapc@gmail.com
- and -
Oren Giskan, Esq.
Catherine E. Anderson, Esq.
GISKAN SOLOTAROFF & ANDERSON LLP
90 Broad Street, 10th Floor
New York, NY 10004
Telephone: (212) 847-8315
E-mail: ogiskan@gslawny.com
canderson@gslawny.com
CONTRACT LAND: Seeks to File Class Cert Response by Oct. 26
-----------------------------------------------------------
In the class action lawsuit captioned as JENNIFER CRAGER,
Individually and For Others Similarly Situated, v. CONTRACT LAND
STAFF, LLC, Case No. 8:23-cv-01357-VMC-CPT (M.D. Fla.), the
Defendant asks the Court to enter an order stating that CLS's
deadline to file a Response to Plaintiff's Motion is 21 days, up to
and including Thursday, October 26, 2023.
In the alternative, CLS requests an order extending the deadline to
Respond to Plaintiff Motion for one-week, up to and including
Thursday, October 26, 2023.
1. On October 5, 2023, Plaintiff filed its Motion asking the
Court
to conditionally certify a collective action of CLS "Right of
Way Agents" in Florida under the Fair Labor Standards Act
(FLSA).
2. The Plaintiff's Motion appears on the docket as a Motion to
Certify Class.
Contract Land is one of the largest independent providers of Right
of Way and Land Management Consulting companies in North America.
A copy of the Defendant's motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/3ZXOSHB at no extra
charge.[CC]
The Plaintiff is represented by:
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 16th Floor
Orlando, FL 32801
E-mail: rmorgan@forthepeople.com
- and -
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
E-mail: adunlap@mybackwages.com
rschreiber@mybackwages.com
The Defendant is represented by:
Cameron G. Kynes, Esq.
Meghaan C. Madriz, Esq.
MCGUIREWOODS LLP
50 North Laura Street, Suite 3300
Jacksonville, FL 32202
Telephone: (904) 798-3411
Facsimile: (904) 798-3207
E-mail: ckynes@mcguirewoods.com
mmadriz@mcguirewoods.com
CONTRACT LAND: Weinmann Labor Suit Seeks Class Certification
------------------------------------------------------------
In the class action lawsuit captioned as GAYL WEINMANN,
Individually and for Others Similarly Situated, v. CONTRACT LAND
STAFF, LLC, Case No. 2:22-cv-01140-CCW (W.D. Pa.), Weinmann files
motion for class certification:
The Plaintiff asks the Court to enter an order:
1. Certifying a class under the Pennsylvania Minimum Wage Act
(PMWA) defined as:
"All Right of Way Agents who worked for, or on behalf of, CLS
who were paid a day rate with no overtime in the past three
years in Pennsylvania (PA Class Members)."
2. Appointing Gayl Weinmann, as Class Representative;
3. Appointing Michael Josephson, Esq., Andrew Dunlap, Esq.,
Richard
Schreiber, Esq., and Richard (Rex) Burch, as Class Counsel;
4. Compelling CLS to produce a complete and accurate employee
list
of all employees within the class definition;
5. Approving Weinmann’s proposed notice form (Exhibit 1) as
fair,
reasonable, adequate, and consistent with due process; and
6. Any other relief that is just and proper.
Contract Land offers integrated land services that will cover your
projects from inception through construction to operation.
A copy of the Plaintiff's motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3Fm6W4w at no extra
charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@mybackwages.com
- and -
Joshua P. Geist, Esq.
GOODRICH & GEIST, P.C.
3634 California Ave.
Pittsburgh, PA 15212
Telephone: (412) 766-1455
Facsimile: (412)766-0300
E-mail: josh@goodrichandgeist.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
DAILYLOOK INC: Faces Faler Suit Over Unsolicited Text Messages
--------------------------------------------------------------
AMY FALER, individually and on behalf of all others similarly
situated, Plaintiff v. DAILYLOOK, INC., Defendant, Case No.
1:23-cv-00647-MWM (S.D. Ohio., Oct. 5, 2023) arises out of the
Defendant's violations of the Telephone Consumer Protection Act.
According to the complaint, the Defendant has caused multiple text
messages to be transmitted to Plaintiff's cellular telephone number
ending in 1609. Plaintiff asked Defendant to stop contacting her on
July 7, 2023, a request Defendant acknowledged. Despite receiving
the request, Defendant continues to send her text messages
including a text message on Jul 8, 2023, July 9, 2023, July 10,
2023, July 13, 2023 and as recently as July 21, 2023.
Moreover, the Defendant failed to honor Plaintiff and the Internal
Do Not Call Class members opt-out requests. Its refusal to honor
opt-out requests is indicative of its failure to implement a
written policy for maintaining a do-not-call list and to train its
personnel engaged in telemarketing on the existence and use of the
do-not-call-list, the suit says.
Headquartered in California, DailyLook, Inc. sells fashion and
trendy clothing online. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS AND GENTILE, P.A.
14 NE 1st Ave Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
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
DAVID RAMSEY: Lampo Defendants' Bid to Strike Claims Partly OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as ANNA PATRICK, et al., v.
DAVID L. RAMSEY, III, et al., Case No. 2:23-cv-00630-JLR (W.D.
Wash.), the Hon. Judge James L. Robart entered an order granting in
part and denying in part the Lampo Defendants' motion to dismiss
and/or strike Plaintiffs' complaint.
Specifically, the court:
(1) Denies the Lampo Defendants' motion to strike Plaintiffs'
class allegations;
(2) Grants the Lampo Defendants' motion to dismiss Plaintiffs'
unjust enrichment claim;
(3) Dismisses the unjust enrichment claim with prejudice and
without leave to amend; and
(4) Denies the Lampo Defendants' motion to dismiss in all other
respects.
The Lampo Defendants' argument that Plaintiffs either knew or
should have known about Reed Hein’s problems before April 28,
2019, or April 28, 2020, is not persuasive because whether
Plaintiffs knew or should have known about complaints or litigation
in 2017, 2018, or 2019 is not apparent on the face of the
complaint.
The Plaintiffs are individuals who signed contracts with and paid
money to non-party Reed Hein, doing business under the name
"Timeshare Exit Team," for assistance in "exiting" their
obligations with respect to timeshares they owned at various resort
properties.
The Plaintiffs assert these claims "for the maximum time period
allowable by law" on behalf of themselves and the following
proposed class:
"All individuals who, during the applicable statute of
limitations,
paid money to Reed Hein and Time Share Exit Team for the purpose
of
obtaining an "exit" from their timeshare obligations after being
exposed to, and/or in reliance on, the statements and other
representations made by Dave Ramsey, and The Lampo Group."
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3M1JT2F at no extra charge.[CC]
DETROIT, MI: More Time to Complete Discovery Sought in Howard Suit
------------------------------------------------------------------
In the class action lawsuit captioned as DEBORAH HOWARD, et. al.,
v. THE CITY OF DETROIT, et al., Case No. 2:20-cv-10382-NGE-DRG
(E.D. Mich.), the Hon. Judge Nancy G. Edmunds entered an order
that:
-- The Plaintiff Jeffery Stevenson and Wayne County shall have
until
December 15, 2023, to complete discovery related to class
certification issues.
-- The Plaintiffs shall have until January 2, 2024, to file a
supplemental brief in support of their pending motion for class
certification. Wayne County’s response and Plaintiff’s
reply may
be filed within the time limits set forth in Eastern District
of
Michigan Local Rule 7.1.
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3S40O8H at no extra charge.[CC]
The Plaintiffs are represented by:
Rami N. Fakhouri, Esq.
Betsy Farrington, Esq.
Samuel E. Schoenburg, Esq.
Caleb Kennedy, Esq.
GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM LLP
200 South Wacker Drive, 22nd Floor
Chicago, IL 60606
Telephone: (312) 681-6000
E-mail: rfakhouri@goldmanismail.com
bfarrington@goldmanismail.com
sschoenburg@goldmanismail.com
ckennedy@goldmanismail.com
- and -
Cynthia Heenan, Esq.
CONSTITUTIONAL LITIGATION ASSOCIATES, P.C.
220 Bagley, Ste. 740
Detroit, MI 48226
Telephone: (313) 961-2255
E-mail: Heenan@ConLitPC.com
The Defendants are represented by:
Nasseem S. Ramin, Esq.
Theodore W. Seitz, Esq.
DYKEMA GOSSETT PLLC
400 Renaissance Center, 37th Floor
Detroit, MI 48243
Telephone: (313) 568-6800
E-mail: nramin@dykema.com
tseitz@dykema.com
EARTHLINK HOLDINGS: Murray Suit Seeks to Certify Class
------------------------------------------------------
In the class action lawsuit captioned as ROBERT MURRAY, On Behalf
of Himself and All Others Similarly Situated, v. EARTHLINK HOLDINGS
CORP., et al. Case No. 4:18-cv-00202-JM (E.D. Ark.), the Lead
plaintiff asks the Court to enter an order certifying a class of:
(i) All persons or entities who acquired Windstream Holdings,
Inc.
common stock in exchange for their shares of EarthLink
Holdings Corp. in connection with the close of the merger
between EarthLink and Windstream on or about February 27,
2017
and were damaged thereby; and
(ii) All persons or entities who held EarthLink common stock as
of
January 23, 2017, the record date for EarthLink
stockholders
in the Merger, acquired Windstream common stock in exchange
for their shares of EarthLink in connection with the close
of
the Merger on or about February 27, 2017, and were damaged
thereby (together with (i), the "Class").
Excluded from the Class are Defendants and their immediate
families, any entity in which a Defendant has a controlling
interest, and the legal representatives, heirs, successors
or
assigns of any such excluded party.
Lead Plaintiff also requests an order appointing Lead Plaintiff as
Class Representative on behalf of the Class, and appointing Robbins
Geller Rudman & Dowd LLP as Class Counsel in this litigation.
EarthLink provides technology, network, and communication services
to individual and business consumers.
A copy of the Plaintiff's motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/46OoEcB at no extra
charge.[CC]
The Plaintiff is represented by:
Randall J. Baron, Esq.
David A. Knotts, Esq.
Noam Mandel, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: randyb@rgrdlaw.com
dknotts@rgrdlaw.com
noam@rgrdlaw.com
- and -
Randall K. Pulliam, Esq.
Hank Bates, Esq.
CARNEY BATES & PULLIAM, PLLC
519 W. 7th Street
Little Rock AR 72201
Telephone: (501) 312-8500
Facsimile: (501) 312-8505
E-mail: rpulliam@cbplaw.com
hbates@cbplaw.com
- and -
Brett M. Middleton, Esq.
JOHNSON FISTEL, LLP
501 West Broadway, Suite 800
San Diego, CA 92101
Telephone: (619) 230-0063
E-mail: brettm@johnsonfistel.com
EPIC AIRCRAFT: Seeks to Stay Bid to Deny Class Certification
------------------------------------------------------------
In the class action lawsuit captioned as BRUNO HANNEY and PAUL
TAYLOR, individually and on behalf of all others similarly
situated, v. EPIC AIRCRAFT, LLC, a Delaware limited liability
company, Case No. 6:21-cv-01199-MK (D. Or.), the Defendant asks the
Court to enter an order:
-- Staying Epic's motion to deny class certification pending
resolution of Plaintiffs' motion for class certification; and
-- Staying Epic's October 25 deadline to file a Reply, and modify
the
briefing schedule for Plaintiffs' Motion to Certify Class
making
Epic's Response due October 27, 2023, and Plaintiffs' Reply due
November 15, 2023.
Epic is a general aviation aircraft manufacturer.
A copy of the Defendant's motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/3ZVbPuO at no extra
charge.[CC]
The Plaintiffs are represented by:
Alan J. Leiman, Esq.
LEIMAN LAW, P.C.
Eugene, OR 97405
E-mail: alan@leimanlaw.com
- and -
Michael L. Silverman, Esq.
THE BRUNO FIRM, LLC
205 North Michigan Avenue, Suite 810
Chicago, IL 60601
E-mail: msilverman@brunolawus.com
The Defendant is represented by:
Steven O. Rosen, Esq.
Tabatha M. Schneider, Esq.
ROSEN & SCHNEIDER, LLC
818 S.W. Third Avenue, No. 1200
Portland, OR 97204
E-mail: Rosen@RosenandSchneider.com
Schneider@RosenandSchneider.com
- and -
Michael F. Van Hoomissen, Esq.
MICHAEL F. VAN HOOMISSEN, ATTORNEY AT LAW
U.S. Bancorp Tower
111 S.W. Fifth Avenue, Suite 3150
Portland, OR 97204
Telephone: (503) 221-1529
E-mail: MVanHoom@Me.com
FORD MOTOR: Tershakovec Seeks Recertification of Remanded Claims
----------------------------------------------------------------
In the class action lawsuit captioned as GEORGE TERSHAKOVEC, et
al., individually and on behalf of all others similarly situated,
v. FORD MOTOR COMPANY, Case No. 1:17-cv-21087-FAM (S.D. Fla.), the
Plaintiffs asks the Court to enter an order Court re-certifying the
Remanded Claims and set a trial date for all six certified
classes.
Ford cannot credibly claim that affirmative defenses will derail a
trial, as it has submitted a single affirmative defense jury
instruction regarding an individual claim, the Plaintiffs contend.
The Eleventh Circuit also instructed the district court to more
clearly articulate a plan to ensure manageability issues "do not
impede the fair and efficient adjudication of the case."
The Court certified various statutory fraud, common law fraud and
implied warranty claims for seven state classes. Soon after, Ford
petitioned the Eleventh Circuit to review the certification order
under Rule 23(f) and leave was granted.
Ultimately, the Eleventh Circuit affirmed statutory fraud claims
for four state classes, reversed certain common law claims and the
Texas consumer protection claim, and remanded the following claims:
(1) breach of implied warranty claims under Texas and California
law; and
(2) statutory and common law fraud claims under California law.
Ford is an American multinational automobile manufacturer.
A copy of Plaintiffs' motion dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3M5X2I9 at no extra charge.[CC]
The Plaintiffs are represented by:
Stuart Z. Grossman, Esq.
GROSSMAN ROTH YAFFA COHEN
2525 Ponce de Leon Blvd., Suite 1150
Coral Gables, FL 33134
Telephone: (888) 296-1681
Facsimile: (305) 285-1668
E-mail: szg@grossmanroth.com
- and -
Steve W. Berman, Esq.
Catherine Y.N. Gannon, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
catherineg@hbsslaw.com
The Defendant is represented by:
Henry Salas, Esq.
Brian Dominguez, Esq.
COLE, SCOTT & KISSANE, P.A.
9150 So. Dadeland Blvd., Suite 1400
Miami, FL 33156
Telephone: (305) 350-5367
Facsimile: (305) 373-2294
E-mail: henry.salas@csklegal.com
Jennifer.ruiz@ckslegla.com
brian.dominguez@csklegal.com
- and -
David George, Esq.
John M. Thomas, Esq.
Ashley R. Fickel, Esq.
Kista L. Lenart, Esq.
DYKEMA GOSSETT PLLC
2723 South State Street, Suite 400
Ann Arbor, MI 48104
Telephone: (734) 214-7673
E-mail: DGeorge@dykema.com
chammond@dykema.com
docket@dykema.com
JThomas@dykema.com
AFickel@dykema.com
KLenart@dykema.com
FRC BALANCE: Faces Taylor Suit Over Unlawful Labor Practices
------------------------------------------------------------
SEBASTIAN ANTONIO TAYLOR, an aggrieved employee and on behalf of
other aggrieved employees, Plaintiff v. FRC BALANCE LLC, an Arizona
limited liability company; and DOES 1 through 50, Defendants, Case
No. 23STCV23883 (Cal. Super., Los Angeles Cty., Oct. 2, 2023)
arises from the Defendants' alleged unlawful labor policies and
practices in violation of the California Private Attorneys General
Act, California Labor Code.
The Plaintiff alleges the Defendants' failure to pay minimum wages
for all hours worked, failure to pay all earned overtime
compensation; failure to provide all legally required meal periods;
failure to authorize and permit all legally required rest periods;
failure to furnish complete, accurate, itemized wage statements;
failure to timely pay all final wages and compensation; failure to
pay all earned wages at least twice during each calendar month; and
failure to maintain accurate records.
The Plaintiff was employed by Defendants as a non-exempt employee
in the position of dishwasher and porter at Defendants' restaurant
in Pasadena from approximately April 20, 2023 to approximately May
25, 2023.
FRC Balance LLC owns and operates nine restaurants under the brand
name True Food Kitchen in the State of California.[BN]
The Plaintiff is represented by:
Young K. Park, Esq.
William C. Sung, Esq.
JUSTICE FOR WORKERS, P.C.
3600 Wilshire Boulevard, Suite 1815
Los Angeles, CA 90010
Telephone: (323) 922-2000
Facsimile: (323) 922-2000
E-mail: young@justiceforworkers.com
william@justiceforworkers.com
FRONTIER ENVIRONMENTAL: Class Cert Bid Filing Due May 8, 2024
-------------------------------------------------------------
In the class action lawsuit captioned as JUSTIN PECK and EVAN P.
SOUTHERN individually and on behalf of all others similarly
situated, v. FRONTIER ENVIRONMENTAL, INC. formerly known as
FRONTIER CONSTRUCTION COMPANY doing business as FRONTIER
ENVIRONMENTAL SERVICES, Case No. 2:23-cv-01014-WSS (W.D. Pa.), the
Hon. Judge William S. Stickman IV entered a case management order
as follows:
-- Any consented-to amended pleadings or Jan. 9, 2024
joinder of parties shall be filed by:
-- Lacking consent, any party may file a Jan. 9, 2024
Motion to Amend Pleadings and/or any
Motion to Join Parties by:
-- The parties shall exchange initial Oct. 25, 2023
disclosures, as required by Rule 26(a)(1)
of the Federal Rules of Civil Procedure,
by:
-- Class certification discovery shall April 8, 2024.
close on:
-- The Plaintiffs' motion for class May 8, 2024
certification is due by:
-- The Defendants' Brief in opposition is June 7, 2024
due by:
Frontier is an environmental safety company that offers specialized
construction, engineering, and remedial services.
A copy of the Court's order dated Oct. 11, 2023 is available from
PacerMonitor.com at https://bit.ly/3PYBQEW at no extra charge.[CC]
GLOCK INC: Johnson Suit Seeks to Certify Rule 23 Class Action
-------------------------------------------------------------
In the class action lawsuit captioned as STEVEN C. JOHNSON, an
individual, on behalf of himself and all others similarly situated,
v. GLOCK, INC., a Georgia Corporation; GLOCK Ges.m.b.H, an Austrian
entity; JOHN and JANE DOES I through V; ABC CORPORATIONS I-X, XYZ
PARTNERSHIPS, SOLE PROPRIETORSHIPS and/or JOINT VENTURES I-X, GUN
COMPONENT MANUFACTURERS I-V, Case No. 3:20-cv-08807-WHO (N.D.
Cal.), the Plaintiff asks the Court to enter an order certifying
case as class action pursuant to Federal Rule of Civil Procedure
23.
The Plaintiff seeks certification of a class of consumers who
purchased any Glock pistol designed to shoot the following
calibers: (1) 10mm, (2) 40 S&W, (3) 9mm, (4) 45 ACP, (5) 45 GAP,
(6) .380, and (7) .357 Sig. in the State of California since
introduced into the stream of commerce by Defendants ("Class
Guns").
All of these pistol models have a substantially similar chamber
design and feed ramp length. Plaintiff asks that the Court certify
the class pursuant to Rule 23, appoint Steven C. Johnson as Class
Representative, and appoint his counsel as Class Counsel.
Accordingly, Plaintiff asserts individual and class claims for the
failure to disclose and concealment of a serious safety issue
nvolving guns designed, manufactured, assembled, imported, and
marketed by Glock Ges.m.b.H and Glock, Inc.
Glock is content to sell millions of handguns to consumers who are
unknowingly playing a game of Russian Roulette every time they pull
the trigger.
Glock manufactures arms and amenities. The Company offers military,
sport shooting, personal defense, hunting, and cutaway and training
pistols.
A copy of the Plaintiff's motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/46xiuhi at no extra
charge.[CC]
The Plaintiff is represented by:
Robert K. Lewis, Esq.
Amy M. Lewis, Esq.
LEWIS AND LEWIS TRIAL LAWYERS, PLC
21850 N. Alma School Road, Suite 103-637
Scottsdale, AZ 85262
Telephone: (602) 889-6666
E-mail: rob@lewislawfirm.com
amy@lewislawfirm.com
- and -
Nicholas Panayotopoulos, Esq.
Gary J. Toman, Esq.
Alexander Heydemann, Esq.
Jeremy Alberts, Esq.
WEINBERG WHEELER HUDGINS
GUNN & DIAL LLC
3344 Peachtree Road, NE
Atlanta, GA 30326
Telephone: (404) 876-2700
E-mail: npanayo@wwhgd.com
gtoman@wwhgd.com
aheydemann@wwhgd.com
jalberts@wwhgd.com
- and -
Paul R. Kiesel, Esq.
Jeffrey A. Koncius, Esq.
KIESEL LAW LLP
8648 Wilshire Boulevard
Beverly Hills, CA 90211-2910
Telephone: (310) 854-4444
Facsimile: (310) 854-0812
E-mail: kiesel@kiesel.law
koncius@kiesel.law
The Defendants are represented by:
John F. Renzulli, Esq.
Christopher Renzulli, Esq.
Howard B. Schilsky, Esq.
RENZULLI LAW FIRM, LLP
One North Broadway, Suite 1005
White Plains, NY 10601
Telephone: (914) 285-0700
Facsimile: (914) 285-1213
E-mail: jrenzulli@renzullilaw.com
crenzulli@renzullilaw.com
hschilsky@renzullilaw.com
- and -
Paul G. Cereghini, Esq.
Carissa Casolari, Esq.
BOWMAN AND BROOKE LLP
1741 Technology Drive, Suite 200
San Jose, CA 95110
Telephone: (408) 279-5393
Facsimile: (408) 279-5845
E-mail: paul.cereghini@bowmanandbrooke.com
Carissa.casolari @bowmanandbrooke.com
GLOCK INC: Johnson Suit Seeks to Seal Class Cert. Docs
------------------------------------------------------
In the class action lawsuit captioned as STEVEN C. JOHNSON, an
individual, on behalf of himself and all others similarly situated,
v. GLOCK, INC., a Georgia Corporation; GLOCK Ges.m.b.H, an Austrian
entity; JOHN and JANE DOES I through V; ABC CORPORATIONS I-X, XYZ
PARTNERSHIPS, SOLE PROPRIETORSHIPS and/or JOINT VENTURES IX, GUN
COMPONENT MANUFACTURERS I-V, Case No. 3:20-cv-08807-WHO (N.D.
Cal.), the Plaintiff submits an administrative Motion to Consider
Whether Another Party's Material Should be Sealed in connection
with portions of Plaintiff's Notice of Motion and accompanying
Motion for Class
Certification.
More specifically, those documents include:
-- Plaintiff's Notice of Motion and Supporting Memorandum of Law
in
Support of Class Certification.
-- Plaintiff has redacted portions of the Motion and Supporting
Memorandum of Law to redact information that comes from
documents
or discovery or other materials that Glock or other
non-parties
have designated as "confidential" pursuant to the Protective
Order.
-- These redactions are identified as highlighted portions of the
unredacted brief filed as an attachment to this Motion.
Glock is a light weapons manufacturer.
A copy of the Plaintiff's motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/3PVFAqX at no extra
charge.[CC]
The Plaintiff is represented by:
Robert K. Lewis, Esq.
Amy M. Lewis, Esq.
LEWIS AND LEWIS TRIAL LAWYERS, PLC
21850 N. Alma School Road, Suite 103-637
Scottsdale, AZ 85262
Telephone: (602) 889-6666
E-mail: rob@lewislawfirm.com
amy@lewislawfirm.com
- and -
Nicholas Panayotopoulos, Esq.
Gary J. Toman, Esq.
Alexander Heydemann, Esq.
Jeremy Alberts, Esq.
WEINBERG WHEELER HUDGINS
GUNN & DIAL LLC
3344 Peachtree Road, NE
Atlanta, GA 30326
Telephone: (404) 876-2700
E-mail: npanayo@wwhgd.com
gtoman@wwhgd.com
aheydemann@wwhgd.com
jalberts@wwhgd.com
- and -
Paul R. Kiesel, Esq.
Jeffrey A. Koncius, Esq.
KIESEL LAW LLP
8648 Wilshire Boulevard
Beverly Hills, CA 90211-2910
Telephone: (310) 854-4444
Facsimile: (310) 854-0812
E-mail: kiesel@kiesel.law
koncius@kiesel.law
GOOGLE LLC: Plaintiffs Seeks to File Class Cert Portions Under Seal
-------------------------------------------------------------------
In the class action lawsuit captioned as ANIBAL RODRIGUEZ, SAL
CATALDO, JULIAN SANTIAGO, and SUSAN LYNN HARVEY individually and on
behalf of all other similarly situated, v. GOOGLE LLC, Case No.
3:20-cv-04688-RS (N.D. Cal.), the Plaintiffs ask the Court to enter
an order granting their administrative motion to seal.
The Plaintiffs' redactions are narrowly tailored to cover only
information subject to a compelling interest in privacy, and that
are unlikely to affect the outcome of these motions or the Court's
analysis.
Google is an American multinational technology company focusing on
artificial intelligence, online advertising, search engine
technology, cloud computing, computer software, quantum computing,
e-commerce, and consumer electronics.
A copy of the Plaintiffs' motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/3PW36UO at no extra
charge.[CC]
The Plaintiffs are represented by:
Mark C. Mao, Esq.
Beko Reblitz-Richardson, Esq.
David Boies, Esq.
James Lee, Esq.
Rossana Baeza, Esq.
Alison L. Anderson, Esq.
M. Logan Wright, Esq.
BOIES SCHILLER FLEXNER LLP
44 Montgomery Street, 41st Floor
San Francisco, CA 94104
Telephone: (415) 293-6858
Facsimile: (415) 999-9695
E-mail: mmao@bsfllp.com
brichardson@bsfllp.com
dboies@bsfllp.com
jlee@bsfllp.com
rbaeza@bsfllp.com
alanderson@bsfllp.com
mwright@bsfllp.com
- and -
Bill Carmody, Esq.
Shawn J. Rabin, Esq.
Steven Shepard, Esq.
Alexander P. Frawley, Esq.
Ryan Sila, Esq.
Amanda Bonn, Esq.
SUSMAN GODFREY L.L.P.
1301 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (212) 336-8330
E-mail: bcarmody@susmangodfrey.com
srabin@susmangodfrey.com
sshepard@susmangodfrey.com
afrawley@susmangodfrey.com
rsila@susmangodfrey.com
abonn@susmangodfrey.com
- and -
John A. Yanchunis, Esq.
Ryan J. McGee, Esq.
Michael F. Ram, Esq.
MORGAN & MORGAN, P.A.
201 N Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 222-4736
E-mail: jyanchunis@forthepeople.com
rmcgee@forthepeople.com
mram@forthepeople.com
GRADY JUDD: Wilson Sues Over Medical Leave Act Violation
--------------------------------------------------------
Quincy Wilson, on behalf of herself and all others similarly
situated v. GRADY JUDD, in his official capacity as Polk County
Sheriff, Case No. 8:23-cv-02243-MSS-AAS (M.D. Fla., Oct. 4, 2023),
is brought under the Family and Medical Leave Act ("FMLA"), seeking
to represent all individuals who, during the statutory period
(three years from the filing of this Complaint): were eligible for
leave under the FMLA, were approved for intermittent leave under
the FMLA, utilized intermittent FMLA leave, and had their FMLA
rights interfered with by Defendant.
The Plaintiff suffered from anxiety and depression that was
sometimes exacerbated by job-related stress. On February 11, 2021,
Plaintiff was provided a Notice of Eligibility & Rights and
Responsibilities under the Family and Medical Leave Act by Krystal
McArthur (Benefits Coordinator) indicating Plaintiff was eligible
for FMLA leave for her own serious health condition. On February
24, 2021, Plaintiff submitted an application for intermittent leave
under the FMLA for her own serious health condition.
The same day (February 24, 2021), Plaintiff's treating physician
completed the Certification of Health Care Provider for Employee's
Serious Health Condition under the FMLA. Plaintiff's doctor
indicated that Plaintiff's condition is chronic and her need for
leave would start on February 24, 2021. Her doctor estimated that
Plaintiff's condition would last until February 23, 2022.
Additionally, Plaintiff's physician noted that Plaintiff's
condition made it medically necessary for Plaintiff to be absent
from work on an intermittent basis. Specifically, over the next six
months, Plaintiff's episodes of incapacity were estimated to occur
three times per week and likely to last approximately 24 to 76
hours per episode.
On August 6, 2021, Plaintiff was issued a memo from Sergeant E.
Fulcher regarding an unscheduled absence when Plaintiff was
scheduled to work mandatory overtime. Sgt. Fulcher referenced
General Order 26.1.9.d.1.a.b. and noted that the memo should not be
viewed as punitive in nature. Plaintiff's absence was related to
Plaintiff's health issues for which she was approved for FMLA by
Defendant and Plaintiff notified Defendant that her absence was
FMLA-related.
On October 25, 2022, Plaintiff was issued an Emergency Suspension
with Pay by Chief Michael L. Allen. The suspension was "based upon
probable cause that you may be in violation of General Order
26.1.E.9.d.1) – Neglect of Duty Offenses – Unscheduled
Absences." An Employee Status Hearing was scheduled for November 3,
2022. On November 3, 2022, Plaintiff had her predetermination
hearing.
On November 4, 2022, Plaintiff was terminated from her employment
with Defendant for violating General Order 26.1.E.9.d.1).
Specifically, Defendant noted that Plaintiff was absent twelve (12)
times between September 20, 2021 and September 20, 2022 and
Plaintiff's absences were "unscheduled." By interfering with and
violating Plaintiff's (and the class) FMLA rights, Defendant
negatively impacted Plaintiff's (and the class) pay, seniority, and
benefits, says the complaint.
The Plaintiff began her employment with Defendant as a full-time
Detention Deputy in November 2016.
The Defendant operated the Polk County Sheriff's Office in his
official capacity.[BN]
The Plaintiff is represented by:
Gregory A Owens, Esq.
Christopher Gray, Esq.
FLORIN GRAY BOUZAS OWENS, LLC.
16524 Pointe Village Drive, Suite 100
Lutz, FL 33558
Phone: (727) 254-5255
Fax: (727) 483-7942
Email: greg@fgbolaw.com
chris@fgbolaw.com
GRAPHIC PACKAGING: Balles Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Josue Ruben Balles, individually, and on
behalf of all others similarly situated v. GRAPHIC PACKAGING
INTERNATIONAL, LLC, a limited liability company; and DOES 1 through
10, inclusive, Case No. 30-2023-01344139-CU-OE-CXC was removed from
the Superior Court of the State of California for the County of
Orange, to the U.S. District Court for the Central District of
California on Oct. 6, 2023, and assigned Case No. 8:23-cv-01891.
The Complaint asserts one cause of action styled as: "Civil
Penalties Under PAGA." California Labor Code section 2699, et seq.,
is known as the Labor Code Private Attorneys General Act of 2004 of
"PAGA." All references herein to the "Labor Code" refer to the
California Labor Code.[BN]
The Defendant is represented by:
Danielle Hultenius Moore, Esq.
Benjamin P. Carney, Esq.
Courtney West, Esq.
FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000
San Diego, CA 92121
Phone: (858) 597-9600
Facsimile: (858) 597-9601
Email: dmoore@fisherphillips.com
bcarney@fisherphillips.com
cwest@fisherphillips.com
GROUNDHOG ENTERPRISES: Maxine Suit Transferred to S.D. Florida
--------------------------------------------------------------
The case styled as Maxine Furs of Hoover, Inc., individually and on
behalf of all others similarly situated v. Groundhog Enterprises,
Inc. doing business as: Merchant Lynx Services, Case No.
4:23-cv-00641 was transferred from the U.S. District Court for the
Northern District of California, to the U.S. District Court for the
Southern District of Florida on Oct. 4, 2023.
The District Court Clerk assigned Case No. 9:23-cv-81349-DMM to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
Groundhog Enterprises, Inc., doing business as Merchant Lynx
Services -- https://merchantlynx.com/ -- provides credit and debit
processing services.[BN]
INTUIT INC: Rodriguez Files Suit for Breach of Fiduciary Duty
-------------------------------------------------------------
DEBORAH RODRIGUEZ, individually and as a representative of a Class
of participants and beneficiaries on behalf of the Intuit Inc.
401(k) Plan, Plaintiff v. INTUIT INC.; THE EMPLOYEE BENEFITS
ADMINISTRATIVE COMMITTEE OF THE INTUIT INC. 401(K) PLAN; and DOES 1
to 10 inclusive, Defendants, Case No. 5:23-cv-05053 (N.D. Cal.,
Oct. 2, 2023) is a class action brought by the Plaintiff, a
participant in the Intuit Inc. 401(k) Plan, against the Defendants
for (1) breach of Employee Retirement Income Security Act's
fiduciary duties, (2) violation of ERISA's anti-inurement
provision, and (3) engaging in self-dealing and transactions
prohibited by ERISA.
Pursuant to 29 U.S.C. Section 1104(a)(1)(A), the Defendants were
required to discharge their duties to the Intuit Plan "solely in
the interest of the participants and beneficiaries" and "for the
exclusive purpose of: (i) providing benefits to participants and
their beneficiaries; and (ii) defraying reasonable expenses of
administering the plan."
According to the complaint, the Defendants have continually
breached this duty of loyalty with respect to their control and
management of the Plan's assets throughout the class period by
choosing to utilize forfeited funds in the Plan for the benefit of
the Company rather than solely in the interest of the participants
and beneficiaries. Instead of acting solely in the interest of Plan
participants by utilizing forfeited funds in the Plan to reduce or
eliminate the administrative expenses charged to their individual
accounts, the Defendants chose to use nearly all of these Plan
assets for the purpose of reducing its own future contributions to
the Plan, thereby saving the Company millions of dollars each year
at the expense of the Plan which received decreased Company
contributions and its participants and beneficiaries who were
forced to incur avoidable expense deductions to their individual
accounts, says the suit.
Intuit Inc. is an American business software company that
specializes in financial software.[BN]
The Plaintiff is represented by:
Matthew B. Hayes, Esq.
Kye D. Pawlenko, Esq.
HAYES PAWLENKO LLP
1414 Fair Oaks Avenue, Unit 2B
South Pasadena, CA 91030
Telephone: (626) 808-4357
E-mail: mhayes@helpcounsel.com
kpawlenko@helpcounsel.com
JR SECURITY: Braithwaite-Lovett Suit Removed to D. New Jersey
-------------------------------------------------------------
The case captioned as Charlene Braithwaite-Lovett, and Jamiyl
Lovett, as Class Representatives on behalf of themselves and all
others similarly situated v. JR SECURITY CONSULTANT AND PROTECTION
LIMITED LIABILITY COMPANY, and JOHN DOES 1-5 and JOHN DOES 6-10,
Case No. MON-L-002493-23 was removed from the Superior Court of New
Jersey, Law Division, Monmouth County, to the U.S. District Court
for the District of New Jersey on Oct. 5, 2023, and assigned Case
No. 3:23-cv-20926.
Specifically, Count II of the Complaint alleges violations of the
Fair Labor Standards Act (the "FLSA").[BN]
The Defendant is represented by:
Brian J. Chabarek, Esq.
Michael J. Connolly, Esq.
DAVISON, EASTMAN, MUÑOZ, PAONE, P.A.
Monmouth Executive Center
100 Willow Brook Road, Suite 100
Freehold, NJ 07728
Phone: 732-462-7170
Fax: 732-462-8955
KROTO INC: Nelkin Hits Unlawful Pricing and Sales Practices
-----------------------------------------------------------
TAL NELKIN, individually and on behalf of all similarly situated
persons, Plaintiff v. KROTO INC. d/b/a iCanvas and iCanvasArt,
Defendant, Case No. 2:23-cv-08241 (C.D. Cal., Oct. 2, 2023) is a
class action lawsuit brought to address Defendant's misleading and
unlawful pricing, sales, and discounting practices on its website
www.iCanvas.com.
According to the complaint, Defendant advertises fake and inflated
comparison reference prices to deceive customers into a false
belief that the sale price is a deeply discounted bargain price.
However, all the reference prices on the website are fake. They are
not original, regular, or former prices. They are inflated prices
posted to lure consumers into purchasing items from Defendant. The
Defendant also falsely advertises sales as being of limited
duration, or available for a limited time in connection with a
holiday or event, when the sale is actually perpetual. This is
accomplished through language like "Ends Today!" "Ends Soon!" or
similar, along with countdown timers to the sale's purported
expiration, says the suit.
As a result, Plaintiff and similarly situated consumers are
deceived into spending money they otherwise would not have spent,
purchasing items they would not have purchased, and/or spending
more money for an item than they otherwise would have absent
deceptive marketing, the suit asserts.
Headquartered in Morton Grove, Illinois, Kroto Inc., d/b/a iCanvas
and iCanvasArt.com, is an online retailer in the wall art and home
decor market, advertising and selling its custom products through
www.iCanvas.com.[BN]
The Plaintiff is represented by:
Alexander E. Wolf, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 South Beverly Drive, Penthouse
Beverly Hills, CA 90212
Telephone: (872) 365-7060
E-mail: awolf@milberg.com
MCNEILL CONSUMER: Emmons Files Suit in E.D. Pennsylvania
--------------------------------------------------------
A class action lawsuit has been filed against Mcneil Consumer
Healthcare, et al. The case is styled as Kathleen Emmons, Nathan
Jackson, individually and on behalf of all others similarly
situated v. Mcneil Consumer Healthcare, Johnson & Johnson Consumer
Inc., Kenvue Inc., Procter & Gamble Company, Reckitt Benckiser LLC,
Walgreen Co., Walmart Inc., Case No. 2:23-cv-03874-KNS (E.D. Pa.,
Oct. 4, 2023).
The nature of suit is stated as Health Care/Pharmaceutical Personal
Injury Product Liability.
McNeil Consumer Healthcare -- http://www.mcneil-consumer.com/-- is
an American medicals products company belonging to Kenvue consumer
health group.[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
MDL 2332: EPP Class Certification Hearing Adjourned to Oct. 26 & 27
-------------------------------------------------------------------
In the class action lawsuit captioned as BURLINGTON DRUG CO., INC.
et al v. PFIZER INC. et al., Case No. 3:12-cv-02389-PGS-DEA
(D.N.J.), the Hon. Judge Peter G. Sheridan entered an order
granting Ranbaxy defendants' request of short postponement of the
EPP class certification hearing scheduled for Monday, Oct. 16,
2023.
-- Counsel for Ranbaxy had divided the arguments for Oct. 16 and
17;
unfortunately, counsel handling the EPP class certification
argument is currently trapped in the war zone in Israel with no
foreseeable way to get out.
-- The matter is adjourned to October 26 and 27, 2023 at 11:00
a.m.
The case is consolidated in Lipitor Antitrust Litigation., MDL No.
2332.
Pfizer offers medicines, vaccines, medical devices, and consumer
healthcare products.
A copy of the Court's order dated Oct. 10, 2023 is available from
PacerMonitor.com at https://bit.ly/3QfwOp4 at no extra charge.[CC]
The Plaintiff is represented by:
The Defendants are represented by:
Arnold B. Calmann, Esq.
SAIBER LLC
18 Columbia Turnpike, Suite 200
Florham Park, NJ 07932-2266
Telephone: (973) 622-3333
Facsimile: (973) 622-3349
E-mail: abc@saiber.com
META PLATFORMS: Keogh Sues Over Unlawful Surreptitious Tracking
---------------------------------------------------------------
Kyle Keogh, on behalf of himself and all others similarly situated
v. META PLATFORMS, INC., Case No. 6:23-cv-05004-DCC (D.S.C., Oct.
5, 2023), is brought against Defendant for surreptitiously tracking
South Carolinians' permanent disability placard renewals, new car
registrations, identification card renewals, and other activity on
the South Carolina Department of Motor Vehicles ("DMV") website, at
https://scdmvonline.com/, down to the very last button click in
violation of the federal Drivers' Privacy Protection Act ("DPPA").
Meta uses this information to help it deliver targeted
advertisements across its social networks, including facebook.com
and instagram.com, among others. Because neither Meta nor the DMV
asked South Carolinia drivers for their express written consent to
obtain or use this highly sensitive information for advertising,
Meta violated the DPPA.
When users visit facebook.com, Meta surreptitiously installs
tracking code, called the Meta Tracking Pixel, onto their web
browsers and many of the websites they visit. This allows Meta to
collect information about what those users do when they are off the
facebook.com website. This tracking code includes the actions
Facebook users take while they are on the South Carolina DMV
website, at https://scdmvonline.com/. The DPPA prohibits companies
like Meta from "knowingly obtaining or using personal information,
from a motor vehicle record for a purpose not permitted" by the
law, says the complaint.
The Plaintiff has visited https://scdmvonline.com on multiple
occasions to complete various kinds of online business with the
South Carolina DMV within the last four years.
Meta owns facebook.com which is is the largest social networking
site on the planet, touting 2.9 billion monthly active users.[BN]
The Plaintiff is represented by:
Blake G. Abbott, Esq.
Paul J. Doolittle, Esq.
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Phone: (803) 222-2222
Fax: (843) 494-5536
Email: blake@akimlawfirm.com
paul.doolittle@poulinwilley.com
- and -
Neal J. Deckant, Esq.
Stefan Bogdanovich, Esq.
BURSOR & FISHER P.A.
1900 California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (206) 491-2207
Fax: (925) 407-2700
Email: ndeckant@bursor.com
sbogdanovich@bursor.com
MIKE BLOOMBERG: Seeks to Strike Declarations of Wood, et al.
------------------------------------------------------------
In the class action lawsuit captioned as RODNEY SINCLAIR,
individually and on behalf of all others similarly situated, v.
MIKE BLOOMBERG 2020, INC., Case No. 1:20-cv-04528-LTS-GWG
(S.D.N.Y.), the Defendant asks the Court to enter an order striking
the declarations of the following 22 individuals submitted by
Plaintiff in support of his Renewed Motion for Class Certification,
dated September 18, 2023:
-- Donna Wood, Cochiese Bowers, Matthew Kelly, James Kyle Newman,
McKevin King, Eliott Tricotti, Zia Oram, Josephine Olinger,
Audra
Waylett, Frida Michelle Naranjo, Max Federman, Justin
Odhiambo,
Bridget Logan, Marcus Guthrie, Rey Murphy, Alan Robinson,
Audra
Tellez, Caelan Doherty, Robin Ceppos, Cooper Lewis, Lakisha
Watson-Moore, and Luke Nicholas.
A copy of the the Defendant's motion dated Oct. 9, 2023 is
available from PacerMonitor.com at https://bit.ly/3FbZkBM at no
extra charge.[CC]
The Defendant is represented by:
Elise M. Bloom, Esq.
Rachel S. Philion, Esq.
Noa M. Baddish, Esq.
Allison L. Martin, Esq.
Pinchos N. Goldberg, Esq.
Eleven Times Square, Esq.
Mark W. Batten, Esq.
PROSKAUER ROSE LLP
New York, New York 10036
Telephone: (212) 969-3000
E-mail: ebloom@proskauer.com
rphilion@proskauer.com
nbaddish@proskauer.com
amartin@proskauer.com
pgoldberg@proskauer.com
mbatten@proskauer.com
- and –
Nicholas M. Reiter, Esq.
VENABLE LLP
1270 Avenue of the Americas, 24th Floor
New York, NY 10020
Telephone: (212) 307-5500
E-mail: nmreiter@venable.com
MIKE DEWINE: Simon Bid to Convene Three-Judge Panel Tossed
-----------------------------------------------------------
In the class action lawsuit captioned as Reverend Kenneth L. Simon,
et al., v. Mike DeWine, et al., Case No. 4:22-cv-00612-JRA (N.D.
Ohio), the Hon. Judge John R. Adams entered an order denying the
Plaintiffs' motion to convene a three-judge panel.
-- The Defendants' motions to dismiss are granted.
-- The Plaintiffs' motions for a temporary restraining order and
for
class certification are denied.
On September 12, 2023, the Magistrate Judge issued a Report and
Recommendation (R&R) which recommended granting the pending motions
to dismiss (Docs. 15 and 18) filed by Defendants.
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3Qg1ab5 at no extra charge.[CC]
MINDGEEK USA: Seeks Leave to File Docs Under Seal
--------------------------------------------------
In the class action lawsuit captioned as JANE DOE on behalf of
herself and all other similarly situated, v. MINDGEEK USA
INCORPORATED, MINDGEEK S.A.R.L., MG FREESITES, LTD (D/B/A PORNHUB),
MG FREESITES II, LTD, MG CONTENT RT LIMITED, AND 9219- 1568 QUEBEC,
INC. (D/B/A MINDGEEK), Case No. 8:21-cv-00338-CJC-ADS (C.D. Cal.),
the Defendants file an application for leave to file documents
under seal.
The Defendants seek to file completely under seal Exhibits 14,
19-21, 29, and 34 to the Opposition and the Declarations of Joseph
Fonseca, Janine Shelby, and Sherrie Caltagirone.
The Defendants also seek to file partially under seal the
highlighted portions of the Defendants Opposition, the Declaration
of Lauren Franklin, and Exhibits 12-13, 18, 22-26, 30, and 35-36
insofar as they contain references to material contained in the
sealed exhibits; are documents that have been designated as
"CONFIDENTIAL" by Defendants under the Protective Order entered in
this action; and/or contain protected personal information, trade
secret or proprietary information, or information sufficient to
identify illegal content, which should not be made public in the
interest of public safety.
A copy of the the Defendants' motion dated Oct. 9, 2023 is
available from PacerMonitor.com at https://bit.ly/3PXbuDg at no
extra charge.[CC]
The Defendants are represented by:
Benjamin Sadun, Esq.
Kathleen N. Massey, Esq.
DECHERT LLP
US Bank Tower, 633 West 5th Street, Suite 4900
Los Angeles, CA 90071-2013
Telephone: (213) 808-5721
Facsimile: (213) 808-5760
E-mail: benjamin.sadun@dechert.com
Kathleen.massey@dechert.com
MODIVCARE SOLUTIONS: Hines Suit Seeks Conditional Class Status
--------------------------------------------------------------
In the class action lawsuit captioned as MARQUIS HINES and RONALD
HINES on behalf of themselves and others similarly situated, v.
MODIVCARE SOLUTIONS, LLC formerly known as LogistiCare Solutions,
LLC, Case No. 3:23-cv-00273-HEH (E.D. Va.), the Plaintiffs ask the
Court to enter an order granting Conditional Certification and
Notice to Putative Collective Members.
Modivcare is a provider of non-emergency medical transportation
(NEMT), personal and home care, and nutritional meal delivery.
A copy of the Plaintiffs' motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/46RWJbI at no extra
charge.[CC]
The Plaintiffs are represented by:
Brittany M. Haddox, Esq.
Thomas E. Strelka, Esq.
STRELKA EMPLOYMENT LAW
4227 Colonial Avenue
Roanoke, VA 24018
Telephone: (540) 283-0802
E-mail: brittany@strelkalaw.com
thomas@strelkalaw.com
- and -
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
E-mail: craig@butlercurwood.com
zev@butlercurwood.com
MONARCH NUT: Reyes Files Suit in Cal. Super. Ct.
------------------------------------------------
A class action lawsuit has been filed against Monarch Nut Company
LLC, et al. The case is styled as Ingrid Daniel Reyes, on behalf of
others similarly situated v. Transdev Services, Inc., Transdev
North America, Inc., Case No. BCV-23-103322 (Cal. Super. Ct., Kern
Cty., Oct. 4, 2023).
The case type is stated as "Other Employment - Civil Unlimited."
Monarch Nut Company, LLC produces food crops. The Company offers
fruits, nuts, and other related products.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
NYC 1566 BEDFORD: Cuanetl Seeks Proper Wages for Laundry Workers
----------------------------------------------------------------
NORMA CUANETL, Plaintiff, v. NYC 1566 BEDFORD AVE CORP (DBA LAUNDRY
CITY) and ODALIS "DOE", individually, Defendants, Case No.
1:23-cv-07469 (E.D.N.Y., Oct. 5, 2023) is a class action arising
out of the Defendants' violations of the Fair Labor Standards Act
and the New York Labor Law and related provisions from Title 12 of
New York Codes, Rules, and Regulations.
The Plaintiff worked from approximately August 2021 until April 3,
2022 at the Defendants' facility in Brooklyn, NY, where his duties
included being a laundry worker, folding clothes, washing them for
clients of the facility. However, Plaintiff was not paid
appropriate minimum wages from the beginning until the end of her
employment with Defendants. Among other things, Plaintiff did not
receive the statutorily required wage and hour records or
statements, says the suit.
NYC 1566 Bedford Ave Corp is a duly organized New York Corporation
that provides laundry services. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Telephone: (212) 203-2417
www.StillmanLegalPC.com
POST CONSUMER: DiMarco Sues Over Cereal Products' False Labeling
----------------------------------------------------------------
Danielle DiMarco, individually and on behalf of all others
similarly situated, Plaintiff v. Post Consumer Brands, LLC.,
Defendant, Case No. 7:23-cv-08774 (S.D.N.Y., Oct. 5, 2023) arises
from the Defendant's misrepresentations of its "Mom's Best Cereals"
branded "Honey Nut Toasty O's Cereal" and "Honey Graham Cereal."
Plaintiffs alleges claims against the Defendant for violations of
state consumer protection statues and New York's General Business
Law.
According to the complaint, because Defendant's sales are driven by
health-conscious consumers seeking wholesome cereal products,
Defendant prominently displays on the front label of the said
products that they are "Made with real honey." Unbeknownst to
consumers, however, Defendant's products are not predominately made
or sweetened with "real honey." Instead, these products' ingredient
lists, located on their side panels, list "Sugar" as their primary
ingredient; as well as multiple other synthetic sweetening agents:
including "Brown Sugar Syrup," "Molasses," "Fructose," and
"Dextrose," the suit says.
Post Consumer Brands, LLC is a breakfast cereal company
headquartered in Lakeville, MN. [BN]
The Plaintiff is represented by:
Adrian Gucovschi, Esq.
140 Broadway, Suite 4667
New York, NY 10005
Telephone: (212) 884-4230
E-mail: adrian@gr-firm.com
PUBLIX SUPER: Phenylephrine Medicine Ineffective, Rampalli Says
---------------------------------------------------------------
Krystal Rampalli, individually and on behalf of all others
similarly situated, Plaintiff v. Publix Super Markets, Inc.,
Defendant, Case No. 8:23-cv-02226-VMC-AEP (M.D. Fla., Oct. 2, 2023)
is a class action lawsuit against the Defendant for fraud, false
marketing, false advertising, breach of contract, breach of
warranty, and breaches of state law consumer protection statutes.
This is a class action lawsuit by Plaintiff on behalf of herself
and all others similarly situated who purchased Defendant's tablet
style phenylephrine medicine, "Publix Daytime, Cold & Flu Relief,
Multi-Symptom, Softgels" branded products, containing
phenylephrine, that were manufactured, marketed, labeled,
distributed, and sold by Defendant.
According to the complaint, these drugs are designed to combat
sinus issues, such as congestion, among other things. The drugs are
said to be ineffective as decongestants according to a United
States Food & Drug Administration advisory board panel, which is
due to their active ingredient being phenylephrine. 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, says
the suit.
Publix Super Markets, Inc. owns and operates a chain of
supermarkets. The Company offers meats, seafood, dairy products,
baked and goods, confectionery items, dry fruits, soft drinks, and
alcoholic beverages, as well as pharmacy services. Publix Super
Markets serves customers throughout the State of Florida, Georgia,
Alabama, South Carolina, and Tennessee.[BN]
The Plaintiff is represented by:
Bryan F. Aylstock, Esq.
R. Jason Richards, Esq.
AYLSTOCK, WITKIN, KREIS, & OVERHOLTZ, PLLC
17 E. Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: baylstock@awkolaw.com
jrichards@awkolaw.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
SOPHIA FOODS: Website Inaccessible to Blind, Martinez Suit Alleges
------------------------------------------------------------------
PEDRO MARTINEZ v. SOPHIA FOODS INC., Case No. 529051/2023 (N.Y.
Sup., Oct. 6, 2023) is a class action brought by the Plaintiff, on
behalf of himself and similarly situated blind and
visually-impaired consumers, suing the Defendant for their failure
to design, construct, maintain, and operate their website to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons.
The Plaintiff contends that the Defendant is denying blind and
visually-impaired persons throughout the United States with equal
access to the goods and services SOPHIA FOODS provides to their
non-disabled customers through www.sophiafoods.com.
The Plaintiff browsed and intended to make an online purchase of
the Sophia Arborio Rice and the Sophia Biscotti -- Chocolate
Cantuccini on sophiafoods.com. However, unless the Defendant
remedies the numerous access barriers on its website, the Plaintiff
will continue to be unable to independently navigate, browse, use,
and complete a transaction on sophiafoods.com, the lawsuit
asserts.
Because the Defendant's website, sophiafoods.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the New York State Human Rights Law ("NYSHRL"), the New York State
Civil Rights Law ("NYSCRL"), and the New York City Human Rights Law
("NYCHRL"), the lawsuit alleges.
The Plaintiff seeks a permanent injunction to cause a change in
SOPHIA FOODS's policies, practices, and procedures so that the
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
This complaint also seeks compensatory damages to compensate the
Plaintiff for having been subjected to unlawful discrimination.
Sophia Foods provides to the public a website known as
sophiafoods.com which provides consumers with access to an array of
goods and services, including, the ability to view the various
fruits, vegetables, snacks, and other foods that can be purchased
with the click of a mouse.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
SPEAR PHYSICAL: Does not Timely Pay Workers, Marino Says
--------------------------------------------------------
SILVANO MARINO and JON QUEREQUINCIA, individually and on behalf of
all others similarly situated, Plaintiffs v. SPEAR PHYSICAL &
OCCUPATIONAL THERAPY, Defendant, Case No. 528385/2023 (N.Y. Sup.,
Kings Cty., Oct. 2, 2023) seeks to recover damages for untimely
paid wages for Plaintiffs and similarly situated individuals who
work or worked for Defendant in New York State pursuant to the New
York Labor Law.
The Plaintiffs and Class Members were employed by the Defendant as
physical therapy technicians during the time period of June 21,
2017 and June 21, 2023 and who worked at least one full week. They
assert that Defendant paid them on a biweekly basis, which violated
the requirement that manual workers be paid within seven days after
the end of the workweek in accordance with NYLL.
Spear Physical & Occupational Therapy operates physical therapy
offices in New York.[BN]
The Plaintiffs are represented by:
Michael J. Palitz, Esq.
SHAVITZ LAW GROUP, P.A.
477 Madison Avenue, 6th Floor
New York, NY 10022
Telephone: (800) 616-4000
Facsimile: (561) 447-8831
E-mail: mpalitz@shavitzlaw.com
STERLING JEWELERS: Hussein Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
SUMAYA HUSSEIN, on behalf of herself and all others similarly
situated, Plaintiff v. STERLING JEWELERS, INC., Defendant, Case No.
1:23-cv-14377 (N.D. Ill., Oct. 2, 2023) is a civil rights action
against Defendant for its failure to design, construct, maintain,
and operate its website, www.kay.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired people in violation of the Americans with
Disabilities Act.
The Plaintiff attempted on September 7, 2023, and again on
September 13, 2023, to access Defendant's website from her home in
an effort to shop for Defendant's products but encountered barriers
that denied her full and equal access to Defendant's online goods,
content and services. Due to Defendant's failure to build the
website in a manner that is compatible with screen access programs,
Plaintiff was unable to understand and properly interact with the
website and was thus denied the benefit of purchasing the necklace
she wished to acquire, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Sterling Jewelers, Inc. is an American specialty jewelry company
headquartered in Akron, Ohio.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500 ext. 101
Facsimile: (201) 282-6501
E-mail: ysaks@steinsakslegal.com
TEACHERS INSURANCE: Robinson Files Suit Over Data Breach
--------------------------------------------------------
ALANA ROBINSON, individually and on behalf of other similarly
situated persons, Plaintiff v. TEACHERS INSURANCE AND ANNUITY
ASSOCIATION OF AMERICA, PENSION BENEFIT INFORMATION, LLC, and
PROGRESS SOFTWARE CORPORATION, Defendants, Case No. 1:23-cv-12255
(D. Mass., Oct. 2, 2023) is a class action against Defendants for
their failure to implement and maintain reasonable security
measures over personally identifiable information entrusted to them
-- including Plaintiff's and Class members' names, dates of birth,
addresses, and Social Security numbers.
According to the complaint, between May 29, 2023 and May 30, 2023,
a third-party cyber-criminal exploited the MOVEit software,
downloading and exporting the data, including personal information
of Plaintiff and Class members. On June 7, 2023, a well-known
cybergang, Cl0p, claims to have perpetrated this data breach so
that it could sell private information like the personal
information of Plaintiff and Class members on the dark web.
As a result of Defendants' failure to protect Plaintiff's and Class
members' personal information, over 2.6 million Class members
suffered concrete injury in fact including but not limited to: (i)
lost or diminished value of their personal information; (ii) lost
opportunity costs essential to mitigating the consequences of the
data breach, including but not limited to lost time; (iii) invasion
of privacy; and (iv) the continued and increased risk to their
personal information, which remains available for unauthorized
third parties to access and abuse. Additionally, because Defendants
continue to maintain Class members' Personal Information without
employing adequate data security protocols, Class members remain at
imminent risk of future unauthorized disclosures, the suit
contends.
Teachers Insurance and Annuity Association of America is a New York
based Fortune 100 financial services organization that provides
financial services, such as retirement and annuity-related
services, in the academic, research, medical, cultural, and
governmental fields.[BN]
The Plaintiff is represented by:
Patrick T. Egan, Esq.
Steven J. Buttacavoli, Esq.
BERMAN TABACCO One
Liberty Square
Boston, MA 02109
Telephone: (617) 542-8300
E-mail: pegan@bermantabacco.com
sbuttacavoli@bermantabacco.com
- and -
Laurence D. King, Esq.
Matthew B. George, Esq.
KAPLAN FOX & KILSHEIMER LLP
1999 Harrison Street, Suite 1560
Oakland, CA 94612
Telephone: (415) 772-4700
E-mail: lking@kaplanfox.com
mgeorge@kaplanfox.com
- and -
Joel B. Strauss, Esq.
Arielle Frank, Esq.
KAPLAN FOX & KILSHEIMER LLP
800 Third Avenue, 38th Floor
New York, NY 10022
Telephone: (212) 687-1980
E-mail: JStrauss@kaplanfox.com
Afrank@kaplanfox.com
TJX COMPANIES: Website Inaccessible to Blind Users, Walsh Says
--------------------------------------------------------------
CAITLIN WALSH, on behalf of herself and all others similarly
situated, Plaintiff v. THE TJX COMPANIES, INC., Defendant, Case No.
1:23-cv-14379 (N.D. Ill., Oct. 2, 2023) is a civil rights action
against Defendant for its failure to design, construct, maintain,
and operate its website, www.marshalls.com, to be fully accessible
to and independently usable by Plaintiff and other blind or
visually-impaired people in violation of the Americans with
Disabilities Act.
When the Plaintiff attempted on August 28, 2023 and again on August
30, 2023 to access Defendant's website from her home in an effort
to shop for Defendant's products, she encountered barriers that
denied her full and equal access to Defendant's online goods,
content and services. Due to Defendant's failure to build the
website in a manner that is compatible with screen access programs,
Plaintiff was unable to understand and properly interact with the
website and was thus denied the benefit of purchasing the jumpsuit
she wished to acquire, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
The TJX Companies, Inc. is an American multinational off-price
department store corporation.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500 ext. 101
Facsimile: (201) 282-6501
E-mail: ysaks@steinsakslegal.com
TURNKEY MERCHANDISE: Website Inaccessible to Blind, Martinez Claims
-------------------------------------------------------------------
PEDRO MARTINEZ v. TURNKEY MERCHANDISE PROGRAMS, LLC (TMP), Case No.
529046/2023 ( N.Y. Sup., Oct. 6, 2023) is a class action against
TMP for their failure to design, construct, maintain, and operate
their website to be fully accessible to and independently usable by
the Plaintiff and other blind or visually-impaired persons.
According to the complaint, TMP denies the blind access to goods,
services and information made available through kelloggstore.com by
preventing them from freely navigating kelloggstore.com. The
Plaintiff has made numerous attempts to complete a purchase on
kelloggstore.com, most recently on September 16, 2023; September
22, 2023; and September 27, 2023, but was unable to do so
independently because of the many access barriers on the
Defendant's website, the suit says.
Because the Defendant's website, kelloggstore.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the New York State Human Rights Law ("NYSHRL"), the New York State
Civil Rights Law ("NYSCRL"), and the New York City Human Rights Law
("NYCHRL"), alleges the suit.
The Plaintiff seeks a permanent injunction to cause a change in
TMP's policies, practices, and procedures so that Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate the Plaintiff for having been subjected to
unlawful discrimination.
Mr. Martinez is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
TMP provides to the public a website known as kelloggstore.com
which provides consumers with access to an array of goods and
services, including, the ability to view the various licensed
Kellogg merchandise that can be purchased with the click of a
mouse.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
UNITED STATES: Sued Over Illegal Citizenship Renunciation Fees
--------------------------------------------------------------
Esther Jenke, Jane Rachel Heller, Nina Nelson, Arianna Poli,
Plaintiffs v. United States of America, Defendant, Case No.
1:23-cv-02950 (D.D.C., Oct. 4, 2023) is a class action brought by
the Plaintiffs seeking to hold the government accountable for its
illegal charge and unjust enrichment by ordering the government to
reimburse the Plaintiffs and tens of thousands of other former U.S.
citizens who were forced to expend $2,350 simply because they
elected to renounce their citizenship as was their right under the
United States Constitution and federal law.
In this lawsuit, the Plaintiffs, on behalf of all other persons
similarly situated, argue that they are entitled for refunds of the
excessive fee under the Fifth Amendment's Due Process Clause; the
Administrative Procedure Act; and the United States Code's Title
31.
Headquartered in District of Columbia, the Defendant Department of
State is an agency of the United States. [BN]
The Plaintiffs are represented by:
L. Marc Zell, Esq.
ZELL & ASSOCIATES INTERNATIONAL ADVOCATES, LLC
1345 Ave. of the Americas
2nd Floor
New York, NY 10105
Telephone: (212)-971-1349
E-mail: mzell@fandz.com
- and-
Noam Schreiber, Esq.
34 Ben Yehuda St. 14th Floor
Jerusalem, Israel 9423001
Telephone: (011) 972-2-633-6300
E-mail: noam.schreiber@fandz.com
VISION SOLAR: PV System Violated Electrical Codes, Solide Alleges
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PIERRE SOLIDE, individually and behalf of all others similarly
situated v. VISION SOLAR, LLC, and VISION SOLAR FL, LLC, Case No.
6:23-cv-01932 (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 according to electrical codes; failing to obtain the
necessary permits for installing solar energy systems; and/or
failing to install solar energy systems that are operable and
produce energy.
On July 10, 2021, the Plaintiff contracted with the Defendants to
install an 8.16 kW solar energy system or photovoltaic system ("PV
system") consisting of 23 Longi solar panels or photovoltaic panels
on the Plaintiff's single-family home in Orlando, Orange County,
Florida.
On January 6, 2022 -- over five (5) months after the Defendants had
allegedly completed the installation -- an Orange County inspector
came to the Plaintiff's home, inspected the system, and reported to
the Plaintiff that the PV system failed inspection.
On January 27, 2022, an Orange County inspector came to the
Plaintiff's home to inspect the PV system and reported, again, to
the Plaintiff that the PV system failed inspection.
Since September 2021, the Plaintiff has paid $158.83 per month on
the loan for an inoperable solar energy system.
The Plaintiff's average electric bill is approximately $260 per
month. Over the last two (2) years, the Plaintiff has paid over
$5,000 for energy that would have been produced by the PV system if
it had functioned as Defendants represented, the suit asserts.
To date and over two (2) years after executing the Agreement, the
Plaintiff's system has not passed inspection, is inoperable, and a
bi-directional meter has not been installed that will allow the
Plaintiff the benefits of net metering, the suit alleges.
Accordingly, the Plaintiff has suffered quantifiable financial harm
because he has paid to his electric utility company over $5,000 for
energy that PV system would have produced if the system had been
operable and produced energy; has not received credit from his
electric utility company for energy produced by his PV system
flowing into the power grid through net-metering; and will have to
pay a third-party solar contractor to complete, service and/or
repair his inoperable PV system, says the suit.
The Plaintiff is a resident of Orlando, Orange County, Florida.
Vision Solar is a solar energy 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
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