/raid1/www/Hosts/bankrupt/CAR_Public/231026.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, October 26, 2023, Vol. 25, No. 215
Headlines
23ANDME INC: Fails to Prevent Data Breach, Andrizzi Alleges
23ANDME INC: Fails to Prevent Data Breach, Eden Suit Alleges
3M COMPANY: Brown Sues Over Exposure to Toxic Film-Forming Foams
561 E. 64TH ST: Austin Sues Over Unpaid Minimum, Overtime Wages
ACCESS STAFFING: Avila Suit Seeks Unpaid Wages for Security Guards
ALBERTSONS COMPANIES: Discloses Payment of Settlement in Stewart
AMERICAN TEXTILE: Bed Sheets' Thread Count Ads "False," Nelson Says
APOTEX INC: Monmouth County Sues Over Contaminated Drugs
APPLE INC: Plaintiffs Seek to Seal Portions of Class Cert. Bid
ARMORPOXY INC: Hernandez Files ADA Suit in S.D. New York
ASSESSOR OF FLORAL PARK: Smith Files Suit in N.Y. Sup. Ct.
ATLAS EXPRESS: Winburn Sues Over Failure to Pay Overtime Wages
AXON ENTERPRISE: Monopolizes Security Products Market, Suit Says
BABY BEAU & BELLE: Hernandez Files ADA Suit in S.D. New York
BAYER HEALTHCARE: PE Products "Ineffective," Sanes Suit Alleges
BLINK CHARGING: Consolidated Shareholder Suit Ongoing in S.D. Fla.
BLUE SPRIG: Battaglia Sues Over Failure to Compensate All Hours
BROOKLYN UNION: RJC Files Appeal in Tax-Cost Surcharges Suit
CAPITOL FEDERAL: Harding Appeals Dismissal of Suit
CAROL MICI: Filing for Class Cert Bid in Diggs Extended to Nov. 13
CENTERVILLE CLINICS: Appeals Remand Order in Doe Suit to 3rd Cir.
CO-DIAGNOSTICS INC: Court Junks Gelt Bid to Extend Fact Discovery
COMMUNITY TRUST: Hall Sues Over Failure to Safeguard PII
COOPERATIEVE RABOBANK: $101MM Settlement to be Heard on Dec. 12
D V KALAMAZOO: Fails to Pay Proper Wages, Suit Alleges
ELECTROCORE INC: Consolidated Securities Suit Over IPO Dismissed
ELITE LINE: Filing for Class Cert Bid Due Nov. 23
EMERGENT BIOSOLUTIONS: Faces Consolidated Suit Over SEC Filings
EQT CORP: Nov. 17 Securities Class Action Opt-Out Deadline Set
EQUITABLE HOLDINGS: To Settle Consolidated Securities Suit
ESSILORLUXOTTICA SA: Jonas et al. Sue Over Eyewear Market Monopoly
EXELA TECHNOLOGIES: $5MM Class Settlement to be Heard on Dec. 7
FORD MOTOR: Haworth et al. Sue Over Defective Vehicle Transmission
FORD MOTOR: Rathmann Appeals Class Cert. Bid Denial to 5th Cir.
GATOS SILVER: Agreement in Principle Entered in Securities Suit
GATOS SILVER: Faces Przybylska Securities Suit in Canadian Court
HAIN CELESTIAL: Seeks Extension to File Class Cert Opposition
HANAM DAEJI: Ko Seeks Conditional Status of Collective
HANCOCK WHITNEY: Metoyer-Bradley Sues Over Unpaid Overtime Wages
HARBOR FREIGHT: Hammack Suit Seeks Class Status
HARBOR FREIGHT: Plaintiffs Allowed to File Class Cert Suggestions
HCAP EQUITY HOLDINGS: Faces Consolidated Securities Suit
HEALTH PLAN: Katz Sues Over Unfair Health Plans' 100-Day Exclusion
HEARTLAND PAYMENT: Joint Bid for Temporary Stay of Deadlines OK'd
HERO SERVICES: Suit Removed to N.D. Oklahoma
HOME POINT: Moyer Bid to Certify Class OK'd
HOYA OPTICAL LABS: Wrinkle Suit Removed to S.D. Illinois
HUNTINGTON INGALLS: Parties Seek Approval of Class Settlement Deal
ILLINOIS: Seeks Nov. 2 Extension to File Class Cert Response
INOVA HEALTH: Ellison Appeals Ruling in Class Suit to 4th Circuit
INSPIRIT DEVELOPMENT: Fails to Pay Subcontractors, GMF Claims
INTEGRATED DESIGN: Faces Perez Wage-and-Hour Suit in D. Maryland
INTERMOUNTAIN HEALTHCARE: Class Cert Bid Filing Due Feb. 9, 2024
INTERNATIONAL BUSINESS: Hanna Sues Over Unprotected Personal Info
ISS FACILITY: Garcia Labor Suit Seeks to Certify Employee Class
JAGGED PEAK: $8.25MM Class Settlement to be Heard on Dec. 15
JENNIFER LEVINE: Erkan Files ADA Suit in E.D. New York
JEUNESSE GLOBAL: Sun Suit Removed to C.D. California
JEWELRY ARTISANS: Vazquez Seeks Conditional Class Certification
KRAB QUEENZ: Fails to Properly Pay Restaurant Staff, Shairy Claims
LANCE SOARES: Fails to Pay Proper Wages, Acito Alleges
LAROSA'S INC: Fails to Pay Proper Wages, Dicristoforo Alleges
LIBERTY UNIVERSITY: Court Moots Students' Claims
LISI LLC: Case Must Be Dismissed if Becker Fails to Act, Court Says
LL FLOORING: Settles Employees' Labor Suit in NY Court
LUCIO BATTISTI: Tarr Files ADA Suit in S.D. New York
MANHATTAN CRYOBANK: Plaintiffs Must File Notice & Discovery Updates
MARISA HASKELL: Tarr Files ADA Suit in S.D. New York
MASSACHUSETTS INTERSCHOLASTIC: BFHSI Files Suit in Mass. Super. Ct
MCADOO'S SEAFOOD: Seeks Oct. 27 Extension to File Response
META MATERIALS: Consolidated Shareholder Suit Ongoing in E.D. N.Y.
META PLATFORMS: Files Interim Administrative Bid to Seal Opposition
MONDELEZ INT'L: Filing for Class Cert. Bid Due May 24, 2024
MOVE INC: Faucett Suit Seeks to Certify Classes & Subclasses
MYRIAD GENETICS: $20MM Class Settlement to be Heard on Dec. 8
NATIONWIDE MUTUAL: Wins Summary Judgment Bid vs MSP Recovery
NEW MILLENNIUM: Seeks to Strike Nationwide Class Claims in Farrell
NEW YORK, NY: Azor-El Suit Seeks Certification of Inmate Class
NEW YORK, NY: Barnar Seeks to Certify Class of Inmates
NEW YORK, NY: Cole Seeks to Certify Class of Inmates
NEW YORK, NY: Fennell Seeks to Certify Class of Inmates
NEW YORK, NY: Gomez Seeks to Certify Class of Inmates
NGL ENERGY PARTNERS: Settles Underwood Class Suit
PACIFIC PERSONNEL: Perkins-Gardner Suit Removed to D. Minnesota
PAYSIGN INC: Court Narrows Claims in Consolidated Suit
PBF GROUP: Faces Goldstein Suit Over Refinery Mishap
PGA TOUR: Discloses Video Viewing Habits to Facebook, Sleigh Says
PRECISION STRIP: Leigh Suit Seeks Unpaid Wages for Truck Operators
PROASSURANCE CORP: $28MM Settlement to be Heard on Jan. 17
QUEST DIAGNOSTICS: Appeals Class Cert. Ruling in Stewart Labor Suit
QUINCY BIOSCIENCE: Murrow Sues Over Prevagen's Brain Benefits Ads
REDBOX ENTERTAINMENT: Perez Sues Over Disclosed Video Information
SANTANDER BANK: Filing for Class Certification Due Jan. 26, 2024
SCHWAN'S CONSUMER: Davis Sues Over False and Misleading Labeling
SEAWORLD ENTERTAINMENT: Faces Burns Racial Discrimination Suit
SHOE HIVE: Hernandez Files ADA Suit in S.D. New York
SOLID WASTE: Deadline to File Class Cert Bid Extended to Dec. 8
SONY INTERACTIVE: Caccuri Class Cert Bid Filing Due July 15, 2024
ST. JOSEPH'S HOSPITAL: Hudson Files Appeal in Labor Suit
STEEL PARTNERS: To Settle Reith Securities Suit in Del. Ch.
SUNLIGHT FINANCIAL: Faces Grimes Suit for Product Misrepresentation
TARENA INT'L: $3.5MM Settlement to be Heard on Jan. 18
TCOM LP: Littares Sues Over Unpaid Overtime Wages
TESLA INC: Court Narrows Claims in Urban Suit
TEXSTAR OILFIELD: Zubia Sues Over Unpaid Overtime Compensation
TOMPKINS COMMUNITY: Class Settlement in Mock Suit Gets Initial Nod
UNDER ARMOUR: Nov. 27 Class Action Opt-Out Deadline Set
UNITED HEALTHCARE: Samson Suit Seeks to Certify Two Classes
UNITED PARCEL: Court Directs Filing of Discovery Plan in Walker
VITAL PHARMACEUTICALS: Ferrell Files 9th Cir. Appeal
WALGREENS BOOTS: Derosa Sues Over Decongestants' False Claims
WALMART INC: Shimizu Suit Removed to N.D. California
WELLS FARGO BANK: Miller Files Suit in Cal. Super. Ct.
*********
23ANDME INC: Fails to Prevent Data Breach, Andrizzi Alleges
-----------------------------------------------------------
MICHELLE ANDRIZZI, individually and on behalf of all others
similarly situated, Plaintiff v. 23ANDME INC., Defendant, Case No.
5:23-cv-05198 (N.D. Cal., Oct. 11, 2023) is an action against the
Defendant for its failure to properly secure and safeguard the
Plaintiff's and Class Members' personally identifiable information
stored within the Defendant's information network, including,
without limitation, usernames, passwords, and profile information
(these types of information, inter alia, being thereafter referred
to, collectively, as "personally identifiable information" or
"PII").
According to the Plaintiff in the complaint, by obtaining,
collecting, using, and deriving a benefit from the Plaintiff's and
Class Members' PII, the Defendant assumed legal and equitable
duties to those individuals. These duties arise from state and
federal statutes and regulations, and common law principles.
The Defendant disregarded the rights of the Plaintiff and Class
Members by intentionally, willfully, recklessly, and/or negligently
failing to take and implement adequate and reasonable measures to
ensure that the Plaintiff's and Class Members' PII was safeguarded,
failing to take available steps to prevent unauthorized disclosure
of data and failing to follow applicable, required and appropriate
protocols, policies, and procedures regarding the encryption of
data, even for internal use.
As a result, the Plaintiff's and Class Members' PII was compromised
through disclosure to an unknown and unauthorized third party—an
undoubtedly nefarious third party seeking to profit off this
disclosure by defrauding the Plaintiff and Class Members in the
future, says the suit.
23ANDME, INC. provides genetic testing and development services.
The Company offers DNA testing for inherited traits, genealogy, and
possible congenital risk factors. [BN]
The Plaintiff is represented by:
Daniel Srourian, Esq.
SROURIAN LAW FIRM, P.C.
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
Email: daniel@slfla.com
23ANDME INC: Fails to Prevent Data Breach, Eden Suit Alleges
------------------------------------------------------------
BONNIE EDEN; DANIEL PINHO; THOMAS SEAWRIGHT; and PAMELA ZAGER-MAYA,
individually and on behalf of all others similarly situated,
Plaintiffs v. 23ANDME, INC., Defendant, Case No. 3:23-cv-05200-TSH
(N.D. Cal., Oct. 11, 2023) is an action against the Defendant for
its failure to properly secure and safeguard the Plaintiff's and
Class Members' personally identifiable information ("PII") and
protected health information ("PHI") stored within the Defendant's
information network.
According to the Plaintiff in the complaint, on or about October 6,
2023, 23andMe announced on its website that customer profile
information was compiled from individual 23andMe.com accounts
without account users' authorization that contained both the
personally identifiable information ("PII") and protected health
information ("PHI") of its customers (collectively, "Private
Information"). The exposed Private Information may include names,
sex, date of birth, genetic ancestry results, profile photos and
geographical information. (the "Data Breach"). However, the
Defendant has not disclosed when this Data Breach occurred and for
how long, says the suit.
The Data Breach was a direct result of the Defendant's failure to
implement adequate and reasonable cybersecurity procedures and
protocols necessary to protect customers' Private Information. Upon
information and belief, the mechanism of the cyberattack and the
potential for improper disclosure of the Plaintiffs' and Class
Members' Private Information was a known risk to 23andMe, and thus
23andMe was on notice that failing to take reasonable steps
necessary to secure the Private Information from those risks left
the Private Information in a vulnerable position, the suit
alleges.
23ANDME, INC. provides genetic testing and development services.
The Company offers DNA testing for inherited traits, genealogy, and
possible congenital risk factors. [BN]
The Plaintiff is represented by:
Melissa R. Emert, Esq.
Gary S. Graifman, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C.
135 Chestnut Ridge Road, Suite 200
Montvale, NJ 07645
Telephone: (845) 356-2570
Facsimile: (845) 356-4335
Email: memert@kgglaw.com
ggraifman@kgglaw.com
- and -
David S. Casey, Jr., Esq.
Gayle M. Blatt, Esq.
P. Camille Guerra, Esq.
CASEY GERRY SCHENK FRANCAVILLA BLATT &
PENFIELD, LLP
110 Laurel Street
San Diego, CA 92101
Telephone: (619) 238-1811
Facsimile: (619) 544-9232
Email: dcasey@cglaw.com
gmb@cglaw.com
camille@cglaw.com
3M COMPANY: Brown Sues Over Exposure to Toxic Film-Forming Foams
----------------------------------------------------------------
Gary Brown and Faye Brown, and other similarly situated v. 3M
COMPANY, f/k/a Minnesota Mining and Manufacturing Company; ACG
CHEMICALS AMERICAS, INC.; AMEREX CORPORATION; ARCHROMA US, INC.;
ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY;
CARRIER GLOBAL CORPORATION; CHE-MDESIGN PRODUCTS INC.; CHE-MGUARD,
INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; CHUBB
FIRE, LTD; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS, INC.,
f/k/a DowDuPont, Inc.; DYNAX CORPORATION; E.I. DV PONT DE NEMOURS
AND COMPANY; KIDDE-FENWAL, INC.; KIDDE P.L.C., INC.; NATION FORD
CHEMICAL COMPANY; NATIONAL FOAM, INC., a/Wa Chubb National Foam;
THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE
PRODUCTS, LP; UNITED CORPORATION; UTC FIRE AMERICAS CORPORATION,
Interlogix, Inc., TECHNOLOGIES & SECURITIES INC., f/n/a GE
Interlogix, Inc., Case No. 2:23-cv-05078-RMG (D.S.C., Oct. 10,
2023), is brought for personal injury damages 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 PFAS, which would expose end users
of the product to the risks associated with PFAS. Further,
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 Vernon Burks in their intended manner, without
significant change in the products' condition. Plaintiff Vernon
Burks 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 Vernon Burks'
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, Plaintiffs seek 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
Vernon Burks' training and firefighting activities. Plaintiffs
further seek injunctive, equitable, and declaratory relief arising
from the same, says the complaint.
The Plaintiff Gary Brown regularly used, and was thereby directly
exposed to, AFFF in training and to extinguish active fires during
his working career as a military and/or civilian firefighter and
was diagnosed with prostate cancer as a result of exposure to
Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and/or sellers of
PFAS-containing AFFF or underlying PFAS containing PFOA or PFOS
chemicals used in AFFF production.[BN]
The Plaintiff is represented by:
Charles R. Houssiere, III, Esq.
Michael R. Null, Esq.
HOUSSIERE, DURANT & HOUSSIERE, LLP
1990 Post Oak Blvd., Suite 800
Houston, TX 77056-3812
Phone: 713-626-3700
Facsimile: 713-626-3709
Email: choussiere@hdhtex.com
mnull@hdhtex.com
561 E. 64TH ST: Austin Sues Over Unpaid Minimum, Overtime Wages
---------------------------------------------------------------
Tammy Austin, an individual and on behalf of themselves and all
others similarly situated v. 561 E. 64TH ST. LLC, a California
limited liability company; ANTHONY K. MCADOO, an individual; and
DOES 1-50, inclusive, Case No. 23STCV24564 (Cal. Super. Ct., Los
Angeles Cty., Oct. 9, 2023) is brought seeking restitution of
unpaid wages including minimum and overtime, and related relief.
The Defendants violated the rights of Plaintiff by failing to pay
her legal minimum and overtime wages for all hours worked, failing
to provide her with meal and rest periods, failing to timely pay
her earned wages after separating from her employment, failing to
indemnify her for expenses, and failing to provide her with
accurate written wage statements, says the complaint.
The Plaintiff is an individual was employed by Defendants as a
non-exempt on-site manager from 2011 to October 6, 2023.
561 E. 64TH ST. LLC has been a limited liability company organized
under the laws of the State of California.[BN]
The Plaintiff is represented by:
Louis Benowitz (SBN 262300)
BENOWITZ LAW CORPORATION
8605 Santa Monica Boulevard
West Hollywood, CA 90069
Phone: (818) 839-9610
Email: louis@benowitzlaw.com
ACCESS STAFFING: Avila Suit Seeks Unpaid Wages for Security Guards
------------------------------------------------------------------
MARTHA BERMUDEZ AVILA, individually and on behalf of all others
similarly situated, Plaintiff v. ACCESS STAFFING, LLC, Defendant,
Case No. 529715/2023 (N.Y. Sup. Ct., Kings Cty., October 15, 2023)
is a class action against the Defendant for violations of the New
York Labor Law and the New York Code of Rules and Regulations
including failure to pay prevailing wages, failure to pay wages on
a timely basis, and failure to furnish accurate wage statements and
wage notices.
The Plaintiff worked for the Defendant as a security guard from
around February 2020 until around May 2020.
Access Staffing, LLC is a staffing agency, headquartered in
Melville, New York. [BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatpllc.com
ALBERTSONS COMPANIES: Discloses Payment of Settlement in Stewart
----------------------------------------------------------------
Albertsons Companies Inc. disclosed in its Form 10- Q Report for
the quarterly period ending September 9, 2023 filed with the
Securities and Exchange Commission on October 17, 2023, that the
Company paid court approved settlement worth $107 million for the
Stewart class suit on September 11, 2023.
A class action lawsuit entitled Schearon Stewart and Jason Stewart
v. Safeway Inc. was filed in Circuit Court, County of Multnomah,
State of Oregon. Plaintiffs have alleged that Safeway engaged in
unfair trade practices, in violation of Oregon's Unlawful Trade
Practices Act (ORS 646.608), regarding the sale of certain meat
products in 2015 and 2016 in the state of Oregon with its "Buy One,
Get One Free" and similar promotions.
On February 17, 2023, plaintiffs and Safeway executed an agreement
which settled all claims in the lawsuit for $107.0 million.
The settlement included a claim administration process whereby
affected customers, who do not elect to opt-out of the settlement,
filed a claim to participate in the settlement.
The court granted final approval of the class settlement by way of
an order dated July 20, 2023.
The Company had a liability recorded equal to the amount of the
settlement, and the Company paid the settlement on September 11,
2023.
Albertsons Companies, Inc. is a grocery store company
headquartered
in Idaho. [BN]
AMERICAN TEXTILE: Bed Sheets' Thread Count Ads "False," Nelson Says
-------------------------------------------------------------------
KENYA NELSON, individually and on behalf of all others similarly
situated, Plaintiff v. AMERICAN TEXTILE COMPANY, INC., Defendant,
Case No. 3:23-cv-01879-CAB-SBC (S.D. Cal., October 13, 2023) is a
class action against the Defendant for violations of the
California's Consumers Legal Remedies Act and the California's
Unfair Competition Law and for breach of express warranty.
According to the complaint, the Defendant is engaged in false,
deceptive, and misleading advertising, labeling, and marketing of a
line of bed sheet products under the Sealy brand name. The
Defendant labeled the products as having a "1250 Thread Count."
However, an independent laboratory testing using the industry
standard testing methodology revealed that the Sealy products only
have a thread count of 234. As a result of the Defendant's
misrepresentations, the Plaintiff and similarly situated consumers
paid a premium for the products, says the suit.
American Textile Company, Inc. is a textile manufacturer, with its
principal place of business at 10 N. Linden Street, Duquesne,
Pennsylvania. [BN]
The Plaintiff is represented by:
Michael T. Houchin, Esq.
Craig W. Straub, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: mhouchin@crosnerlegal.com
craig@crosnerlegal.com
zach@crosnerlegal.com
APOTEX INC: Monmouth County Sues Over Contaminated Drugs
--------------------------------------------------------
County of Monmouth, Ohio Carpenters' Health Fund, Jacqueline
Harris, and Carla Major, individually and on behalf of all others
similarly situated v. APOTEX INC., APOTEX CORP., LUPIN
PHARMACEUTICALS, INC., LUPIN LTD., NOSTRUM LABORATORIES, INC.,
NOSTRUM PHARMACEUTICALS, LLC, CVS HEALTH CORPORATION, RITE-AID
CORPORATION, TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA
PHARMACEUTICALS USA, INC., ACTAVIS PHARMA, INC., ACTAVIS, LLC,
EMCURE LTD., HERITAGE PHARMACEUTICALS, INC d/b/a AVET
PHARMACEUTICALS INC., GRANULES USA, INC., AMNEAL PHARMACEUTICALS,
INC., AMNEAL PHARMACEUTICALS LLC, AVKARE, INC., ALKEM LABORATORIES
LTD., ASCEND LABORATORIES, LLC, JOHN DOES 1-100, Case No.
2:23-cv-21001 (D.N.J., Oct. 9, 2023), is brought arising from
adulterated, misbranded, and unapproved metformin-containing drugs
("MCDs") that were designed, manufactured, marketed, distributed,
packaged, and/or ultimately sold by Defendants in the United
States, and that have been subject to one of the largest ongoing
contaminated drug recalls in the United States. These MCDs are
non-merchantable and are not of the quality represented by
Defendants.
Metformin Hydrochloride ("Metformin HCL") is the generic version of
Glucophage and/or Glucophage XR, a now-discontinued product made by
EMD Serono which is the Reference Listed Drug ("RLD"). The
Defendants represented and warranted to consumers and TPPs that
their generic MCDs were therapeutically equivalent to and otherwise
the same as the RLD. Specifically, Defendants represented and
warranted that the MCDs were fit for their ordinary uses, met the
specifications of Defendants' FDA-approved labeling materials, were
manufactured and distributed in accordance with all applicable laws
and regulations, and were not contaminated with any carcinogenic
impurities.
For years, however, Defendants willfully ignored warnings about the
operating standards at several of the overseas manufacturing plants
where Defendants' generic MCDs were manufactured for import to the
United States, and knowingly and fraudulently manufactured, sold,
labeled, marketed, and/or distributed adulterated and/or misbranded
MCDs for purchase and reimbursement in the United States by
consumers and TPPs.
Specifically, Defendants' MCDs were adulterated and/or misbranded
(and thereby rendered worthless) through contamination with a
probable human carcinogen known as N-nitrosodimethylamine ("NDMA")
and were otherwise substandard to the Metformin HCL originally
approved by the U.S. Food and Drug Administration ("FDA").
Accordingly, Defendants' representations that their generic MCDs
were therapeutically equivalent to and otherwise the same as the
RLD are false because the generic MCDs are contaminated with NDMA,
and likely have been for many years prior.
The Plaintiffs paid for or made reimbursements for generic MCDs
that were illegally and willfully introduced into the market by
Defendants, which caused them and the millions of other MCD
consumers, as well as TPPs, to sustain economic damages as a result
of paying for generic MCDs that were falsely represented to be the
equivalent of the RLDs, but were not as a result of the NDMA
contamination and/or the cGMP failures in the manufacture of the
generic MCDs.
The Defendants' generic MCDs were not fit for their ordinary use
and Defendants have been unjustly enriched through the sale of
these knowingly adulterated and/or misbranded drugs. Defendants'
conduct also constitutes actionable common law fraud, consumer
fraud, and other violations of state and federal law, says the
complaint.
The Plaintiff County of Monmouth is located in Freehold, New
Jersey.
Apotex Corp. has been directly or indirectly engaged in the
manufacturing, sale, and distribution of adulterated and/or
misbranded generic MCDs in the United States.[BN]
The Plaintiff is represented by:
Ruben Honik, Esq.
David J. Stanoch, Esq.
HONIK LLC
1515 Market St., Ste. 1100
Philadelphia, PA 19102
Phone: (267) 435-1300
Email: ruben@honiklaw.com
mailto:david@honiklaw.com
- and -
Joseph P. Guglielmo, Esq.
Donald A. Broggi, Esq.
Michelle Conston, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
230 Park Avenue, 17th Floor
New York, New York 10169
Phone: (212) 223-6444
Email: jguglielmo@scott-scott.com
dbroggi@scott-scott.com
mconston@scott-scott.com
- and -
Lyndsey K. Bates, Esq.
ASHER KELLY ATTORNEYS AT LAW
25800 Northwestern Highway, Suite 1100
Southfield, MI 48075
Phone: (248) 746-2753
Email: lbates@asherkellylaw.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN, LLP
510 Walnut Street – Suite 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Email: cschaffer@lfsblaw.com
APPLE INC: Plaintiffs Seek to Seal Portions of Class Cert. Bid
--------------------------------------------------------------
In the class action lawsuit captioned as ORSHAN, et al.,
individually, and on behalf of all others similarly situated, v.
APPLE INC., Case No. 5:14-cv-05659-EJD (N.D. Cal.), the Plaintiffs
file administrative motion to consider whether portions of renewed
class certification motion should be sealed.
Document Sought Party Claiming Portions to Basis for
Sealing
to be Sealed Confidentiality be filed Portion of
under seal Document
Plaintiffs' Apple Portions Refers to
Renewed Motion highlighted material
in yellow on designated
pages 3, 4,
"Confidential"
5, 6, 7, 8, and "Highly
10, 11, 13,
Confidential"
14, 15, 16, pursuant to
26, and 29. the
protective
order.
Exhibit 1 to Apple Portions Refers to
the Declaration highlighted transcript
of Robert in yellow on designated
K. Shelquist pages 36-37.
"Confidential"
pursuant to
the
protective
order
Apple designs, manufactures, and markets smartphones, tablets,
personal computers, and wearable devices.
A copy of the Plaintiffs' motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3Fl18bF 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
ARMORPOXY INC: Hernandez Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against ArmorPoxy, Inc. The
case is styled as Janelys Hernandez, on behalf of herself and all
others similarly situated v. ArmorPoxy, Inc., Case No.
1:23-cv-08878 (S.D.N.Y., Oct. 10, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
ArmorPoxy -- https://armorpoxy.com/ -- is the country's leading
manufacturer and distributor of ultra high-quality commercial epoxy
flooring, epoxy floor kits, and interlocking floor tiles.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
ASSESSOR OF FLORAL PARK: Smith Files Suit in N.Y. Sup. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Floral Park, et al. The case is styled as Charles Smith,
all other similarly situated Petitioners on the annexed SCHEDULE A,
Petitioners v. The Assessor of the Village of Floral Park, The
Board of Assessment Review of the Village of Floral Park,
Respondents, Case No. 616206/2023 (N.Y. Sup. Ct., Nassau Cty., Oct.
10, 2023).
The case type is stated as "SP-CPLR Article 78 (Body or Officer)."
Floral Park -- https://fpvillage.org/ -- is an incorporated village
in Nassau County, New York, United States, on Long Island.[BN]
The Petitioners are represented by:
MAIDENBAUM & STERNBERG, LLP
132 Spruce St
Cedarhurst, NY 11516-1915
ATLAS EXPRESS: Winburn Sues Over Failure to Pay Overtime Wages
--------------------------------------------------------------
Destiny Winburn, individually and on the behalf of similarly
situated persons v. ATLAS EXPRESS COURIER INC. AND FRED SCOTT,
Individually, Case No. 1:23-cv-14680 (N.D. Ill., Oct. 10, 2023), is
brought under the Fair Labor Standards Act (the "FLSA") and the
Illinois Minimum Wage Law ("IMWL") for the Defendants' failure to
pay overtime wages to Plaintiff.
The Plaintiff routinely worked over 40 hours or more in a work
week. In most if not all work-weeks, Plaintiff and other non-exempt
employees worked in excess of 40 hours per week but Defendants did
not pay them overtime wages at a rate of one and one-half times
their regular rate of pay. In fact, upon information and belief,
Defendants did not pay Plaintiff any sum for hours worked over 40
hours in a single workweek
The Defendants' failed to pay overtime wages to Plaintiff and other
similarly situated persons, as Plaintiff and other non-exempt
employees worked in excess of 40 hours per week but Defendants did
not pay them overtime wages at a rate of one- and one-half times
their regular rate of pay, says the complaint.
The Plaintiff was hired by Defendants as a Driver/Dispatcher (a
non-exempt employee) on April 8, 2022 and was promoted to Manager
in January 2023.
Atlas Express Courier Inc., is doing business in and for Cook
County.[BN]
The Plaintiff is represented by:
Chad W. Eisenback, Esq.
SULAIMAN LAW GROUP LTD.
2500 S. Highland Avenue, Suite 200
Lombard, Illinois 60148
Phone (630) 575-8180
Fax (630) 575 - 8188
Email: ceisenback@sulaimanlaw.com
AXON ENTERPRISE: Monopolizes Security Products Market, Suit Says
----------------------------------------------------------------
MAYOR AND CITY COUNCIL OF BALTIMORE, on behalf of itself and all
others similarly situated, Plaintiff v. AXON ENTERPRISE, INC. and
SAFARILAND, LLC, Defendants, Case No. 3:23-cv-21156 (D.N.J.,
October 13, 2023) is a class action against the Defendants for
violations of section 7 of the Clayton Act and sections 1 and 2 of
the Sherman Act.
The case arises from the Defendants' conduct to monopolize the
markets for body-worn camera (BWC) systems and long-range conducted
energy weapons (CEWs). Axon and Safariland entered into various
related anticompetitive agreements with each other after Axon's
acquisition of its competitor, VieVu, LLC, from Safariland. As part
of the deal, Safariland is prohibited from competing with Axon in
the BWC systems and long-range CEW markets for a decade or more and
suppressed competition in the long-range CEW holster market. The
merger eliminated direct and substantial competition between Axon
and VieVu, which allowed Axon to increase prices for BWC systems,
and also suppressed output and innovation. The Defendants' conduct
has harmed and continues to harm the Plaintiff and others who have
purchased products from Axon after the merger.
The City Council of Baltimore is a municipality located in
Baltimore, Maryland.
Axon Enterprise, Inc. is a company that develops technology and
weapons products, with its principal place of business in
Scottsdale, Arizona.
Safariland, LLC is a manufacturer of personal, and other equipment
focused on the law enforcement, public safety, military, and
recreational markets, headquartered in Florida. [BN]
The Plaintiff is represented by:
Eric T. Kanefsky, Esq.
Ralph J. Marra, Jr., Esq.
Thomas R. Calcagni, Esq.
Martin B. Gandelman, Esq.
CALCAGNI & KANEFSKY LLP
1085 Raymond Boulevard, 14th Floor
Newark, NJ 07102
Telephone: (862) 397-1796
Facsimile: (862) 902-5458
E-mail: eric@ck-litigation.com
rmarra@ck-litigation.com
tcalcagni@ck-litigation.com
mgandelman@ck-litigation.com
- and -
Sharon K. Robertson, Esq.
Christopher Bateman, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
88 Pine Street, 14th Floor
New York, NY 10005
Telephone: (212) 838-7797
E-mail: srobertson@cohenmilstein.com
cbateman@cohenmilstein.com
- and -
Daniel H. Silverman, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
769 Centre Street | Suite 207
Boston, MA 02130
Telephone: (617) 858-1990
E-mail: dsilverman@cohenmilstein.com
BABY BEAU & BELLE: Hernandez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Baby Beau & Belle,
Inc. The case is styled as Janelys Hernandez, on behalf of herself
and all others similarly situated v. Baby Beau & Belle, Inc., Case
No. 1:23-cv-08882-LJL (S.D.N.Y., Oct. 10, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Baby Beau & Belle, Inc. -- https://babybeauandbelle.com/ -- create
heirloom-quality garments for the most treasured moments in a
baby's life.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
BAYER HEALTHCARE: PE Products "Ineffective," Sanes Suit Alleges
---------------------------------------------------------------
CLAUDETTE SANES, DANIEL FLICK, JANIS ZIMMERMAN, individually and on
behalf of all others similarly situated, Plaintiffs v. BAYER
HEALTHCARE LLC, Defendant, Case No. 2:23-cv-21163 (D.N.J., October
13, 2023) is a class action against the Defendant for breach of
express warranty, unjust enrichment, negligent misrepresentation,
fraud, and violations of the New Jersey Consumer Fraud Act, the
California Unfair Competition Law, the California Consumers Legal
Remedies Act, the New York Consumer Protection from Deceptive Acts
and Practices Act, and the New York False Advertising Act.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its oral
phenylephrine (PE) products. The Defendant markets its PE products
to consumers as an effective oral nasal decongestant, but a U.S.
Food and Drug Administration Nonprescription Drugs Advisory
Committee has concluded that PE is no more effective as an oral
nasal decongestant than a placebo. By purchasing PE products, the
Plaintiffs and the Class did not receive a product that was
effective at treating nasal congestion, says the suit.
Bayer HealthCare LLC is a pharmaceutical company, with its
principal place of business located at 100 Bayer Boulevard,
Whippany, New Jersey. [BN]
The Plaintiffs are represented by:
Katrina Carroll, Esq.
LYNCH CARPENTER LLP
111 W. Washington Street, Suite 1240
Chicago, IL 60602
Telephone: (312) 750-1265
E-mail: katrina@lcllp.com
- and -
Gary Lynch, Esq.
Kelly K. Iverson, Esq.
Patrick Donathen, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
Email: gary@lcllp.com
kelly@lcllp.com
patrick@lcllp.com
- and -
Todd D. Carpenter, Esq.
Scott G. Braden, Esq.
LYNCH CARPENTER LLP
1234 Camino del Mar
Del Mar, CA 92014
Telephone: (619) 762-1910
Facsimile: (724) 656-1556
E-mail: todd@lcllp.com
scott@lcllp.com
BLINK CHARGING: Consolidated Shareholder Suit Ongoing in S.D. Fla.
------------------------------------------------------------------
Blink Charging Co. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission in August 9, 2023, that it is facing a consolidated law
suit in the United States District Court for the Southern District
of Florida against the company, Michael Farkas (Blink's Chairman of
the Board and Chief Executive Officer), and Michael Rama (Blink's
Chief Financial Officer).
On August 24, 2020, a purported securities class action lawsuit,
captioned "Bush v. Blink Charging Co. et al.," Case No.
20-cv-23527, was filed in said court.
On October 1, 2020, the court consolidated the Bush lawsuit and on
December 21, 2020 the court appointed Tianyou Wu, Alexander Yu and
H. Marc Joseph to serve as the Co-Lead Plaintiffs. The Co-Lead
Plaintiffs filed an Amended Complaint on February 19, 2021. The
Amended Complaint alleges, among other things, that the defendants
made false or misleading statements about the size and
functionality of the Blink Network and asserts claims under
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934.
The Amended Complaint does not quantify damages but seeks to
recover damages on behalf of investors who purchased or otherwise
acquired Blink's common stock between March 6, 2020 and August 19,
2020.
On April 20, 2021, Blink and the other defendants filed a motion to
dismiss the Amended Complaint, which has now been fully briefed and
is ready for review. On April 7, 2022, the court held oral argument
on the motion to dismiss but did not issue a decision.
Blink Charging Co., through its wholly-owned subsidiaries is an
owner, operator and provider of electric vehicle charging equipment
and networked EV charging services. It offers residential and
commercial EV charging equipment, enabling EV drivers to recharge
at various location types.
BLUE SPRIG: Battaglia Sues Over Failure to Compensate All Hours
---------------------------------------------------------------
Joshua Battaglia, individually, and on behalf of all others
similarly situated v. BLUE SPRIG PEDIATRICS, INC., Case No.
4:23-cv-03805 (S.D. Tex., Oct. 9, 2023), is brought arising from
Defendant's willful violations of the Fair Labor Standards Act
("FLSA") by failing to compensate its Technicians for all hours
worked.
Throughout the relevant period, Defendant maintained a corporate
policy and practice of failing to compensate its Technicians for a
number of "off-the-clock" tasks that were integral and
indispensable to their jobs. In particular, Defendant maintained a
corporate policy and practice of only paying Technicians for their
time spent working in an ABA therapy session with one of
Defendant's clients (hereinafter referred to as "in session").
Defendant's unlawful timekeeping policy required Technicians to
click "start" and "end session" on their company computers at the
beginning and end of each ABA therapy session with a client, and
accordingly, Defendant only paid Technicians for time spent while
they were "in session."
The Defendant's policy and practice of only paying Technicians for
their time spent "in session" required Technicians to perform a
number of off-the-clock tasks that were integral and indispensable
to their jobs, including, but not limited to, "pre-session" work,
such as cleaning areas of the facilities, setting up various
activities for Defendant's clients, booting up Technician's
computers, and logging into and navigating software to prepare for
appointments. The Defendant's practice of failing to compensate its
Technicians for all hours worked violated the Technicians' rights
under the FLSA, says the complaint.
The Plaintiff worked for Defendant as a Registered Behavioral
Technician in Kyle, Texas from May to June 2023.
The Defendant is a nationwide provider of Applied Behavioral
Analysis ("ABA") Therapy to children with autism.[BN]
The Plaintiff is represented by:
Josef F. Buenker, Esq.
THE BUENKER LAW FIRM
2060 North Loop West, Suite 215
Houston, TX 77018
Phone: 713-868-3388
Facsimile: 713-683-9940
Email: jbuenker@buenkerlaw.com
- and -
Jesse L. Young, Esq.
Albert J. Asciutto, Esq.
SOMMERS SCHWARTZ, P.C.
Sommers Schwartz, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Phone: (248) 355-0300
Email: jyoung@sommerspc.com
aasciutto@sommerspc.com
BROOKLYN UNION: RJC Files Appeal in Tax-Cost Surcharges Suit
------------------------------------------------------------
RIVERDALE JEWISH CENTER, et al. filed an appeal in their lawsuit
entitled Riverdale Jewish Center, United Methodist Church Of
Westmoreland New York, Korean Methodist Church & Institute, Mayin
Tohar, Congregation Bais Yaakov Nechamia D'satmar, Assembly Of
Prayer Baptist Church, and Grace Bible Church, on behalf of
themselves and all others similarly situated v. THE BROOKLYN UNION
GAS COMPANY d/b/a NATIONAL GRID, NIAGARA MOHAWK POWER CORPORATION
d/b/a NATIONAL GRID, NEW YORK STATE ELECTRIC & GAS CORPORATION,
LONG ISLAND POWER AUTHORITY, KEYSPAN GAS EAST CORPORATION d/b/a
NATIONAL GRID, CENTRAL HUDSON GAS & ELECTRIC CORPORATION, and
CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC., Case No. 650048/2023 that was
filed in New York Superior Court on Jan. 4, 2023.
This case was brought against the Defendants who have engaged in
deceptive conduct by collecting and sending bills containing
inaccurate tax-cost surcharges to ratepayers protected by Section
76 of the New York Public Service Law.
The appellate case is captioned Riverdale Jewish Center et al. vs.
The Brooklyn Union Gas Company et al., Case No. 23-04938, in the
First Judicial Department of New York Appellate Division, filed on
October 4, 2023. [BN]
Plaintiffs-Petitioners RIVERDALE JEWISH CENTER, et al. are
represented by:
Shawn J. Rabin, Esq.
SUSMAN GODFREY LLP
1301 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (212) 336-8330
Facsimile: (212) 336-8340
E-mail: srabin@susmangodfrey.com
CAPITOL FEDERAL: Harding Appeals Dismissal of Suit
--------------------------------------------------
Capitol Federal Financial, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 9, 2023, that on April 5, 2023, the
Third Judicial District Court, Shawnee County, Kansas granted the
bank's motion to dismiss a putative class action lawsuit, captioned
"Jennifer Harding, et al. v. Capitol Federal Savings Bank," Case
No. 2022-CV-00598, with prejudice. The plaintiff has appealed this
decision.
On November 2, 2022, Harding alleged that the Bank improperly
charged overdraft fees on debit card transactions that were
authorized for payment on sufficient funds but later settled
against a negative account balance and merchant re-presentments of
previously rejected payment requests. The complaint asserts a
breach of contract claim (including breach of an implied covenant
of good faith and fair dealing) for each practice and seeks
restitution for alleged improper fees, alleged actual damages,
costs and disbursements, and injunction relief.
Capitol Federal Financial, Inc. is a federally chartered savings
institution based in Topeka, Kansas.
CAROL MICI: Filing for Class Cert Bid in Diggs Extended to Nov. 13
------------------------------------------------------------------
In the class action lawsuit captioned as DWAYNE DIGGS, ET AL., v.
CAROL MICI, ET AL., Case No. 4:22-cv-40003 (D. Mass., Filed Jan.
10, 2022), the Hon. Judge Margaret R Guzman entered an order
granting motion for extension of time to Nov. 13, 2023, to file
motion for class certification.
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 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.
The Defendants deny these allegations. The nature of suit states
Prisoner Civil Rights.[CC]
CENTERVILLE CLINICS: Appeals Remand Order in Doe Suit to 3rd Cir.
-----------------------------------------------------------------
CENTERVILLE CLINICS INC. is taking an appeal from a court order
granting the Plaintiff's motion to remand in the lawsuit entitled
Jane Doe, individually and on behalf of all others similarly
situated, Plaintiff, v. Centerville Clinics Inc., Defendant, Case
No. 2-23-cv-01107, in the U.S. District Court for the Western
District of Pennsylvania.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Circuit Court for the Washington County,
Pennsylvania, Court of Common Pleas, to the United States District
Court for the Western District of Pennsylvania, is brought against
Centerville alleging it installed software on its platforms that
shared users' private data with third parties, including medical
treatment sought, medical conditions, appointment type and date,
physician selected, specific button/menu selections, content (such
as searches for symptoms or treatment options) typed into free text
boxes, demographic information, email addresses, phone numbers, and
emergency contact information.
The Plaintiff alleges that these disclosures breached standards
under the Health Insurance Portability and Accountability Act of
1996 (HIPAA), industry standards, and the purported class members'
expectations of privacy. She brought claims in state court for
common law intrusion upon seclusion, breach of implied contract,
unjust enrichment, breach of fiduciary duty, and violations of the
Pennsylvania Unfair Trade Practices and Consumer Protection Law and
the Pennsylvania Wiretapping and Electronic Surveillance Control
Act.
On July 14, 2023, the Plaintiff filed a motion to remand the case
to State Court, which the Court granted through an Order entered by
Judge J. Nicholas Ranjan on Sept. 14, 2023. The Court concluded
that Centerville's removal notice was not frivolous or objectively
unreasonable. The Court remanded the case to the Court of Common
Pleas of Washington County for further proceedings. Judge Ranjan
denied the Plaintiff's request for fees and costs. The Clerk of the
Court was directed to mark the district court case as closed.
The appellate case is captioned Jane Doe v. Centerville Clinics
Inc., Case No. 23-2738, in the United States Court of Appeals for
the Third Circuit, filed on October 2, 2023. [BN]
Plaintiff-Appellee JANE DOE, individually and on behalf of all
others similarly situated, is represented by:
Elizabeth A. Bailey, Esq.
GRANT & EISENHOFER
123 Justison Street, 7th Floor
Wilmington, DE 19801
Telephone: (302) 622-7195
- and -
Raina C. Borrelli, Esq.
Samuel J. Strauss, Esq.
TURKE & STRAUSS
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
- and -
David L. Kwass, Esq.
SALTZ MONGELUZZI BARRETT & BENDESKY
1650 Market Street
One Liberty Place, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 496-8282
- and -
Andrew E. Mize, Esq.
J. Gerald Stranch, IV, Esq.
STRANCH JENNINGS & GARVEY
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
- and -
Amina A. Thomas, Esq.
Lynn A. Toops, Esq.
COHEN & MALAD
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Defendant-Appellant CENTERVILLE CLINICS INC. is represented by:
Matthew S. Freedus, Esq.
FELDESMAN TUCKER LEIFER & FIDELL
1129 20th Street NW, Suite 400
Washington, DC 20036
Telephone: (202) 466-8960
- and -
John R. Gotaskie, Jr., Esq.
FOX ROTHSCHILD
500 Grant Street
BNY Mellon Center, Suite 2500
Pittsburgh, PA 15219
Telephone: (412) 391-1334
CO-DIAGNOSTICS INC: Court Junks Gelt Bid to Extend Fact Discovery
-----------------------------------------------------------------
In the class action lawsuit captioned as GELT TRADING, LTD., a
Cayman Islands limited company, v. CO-DIAGNOSTICS, INC., a Utah
Corporation, DWIGHT EGAN, JAMES NELSON, EUGENE DURENARD, EDWARD
MURPHY, RICHARD SERBIN, REED BENSON, BRENT SATTERFIELD, Case No.
2:20-cv-00368-JNP-DBP (D. Utah), the Hon. Judge Dustin B. Pead
entered an order denying motion to extend fact discovery.
The Court Said, "Gelt learned of the potentially spoliated
evidence, which is asserts justifies the extension, before the
deadline. Rather than acting, Gelt chose to disregard the fact
discovery deadline in the hopes that mediation would be successful
and that it would not have to conduct any further fact discovery.
That does not comport with a finding of diligence. Further, the
fact that Defendant agreed to move some deadlines to accommodate
certain depositions while not agreeing to the 30(b)(6) deposition,
does not excuse Gelt's lack of diligence."
Gelt moves the court to extend the fact discovery deadline by 45
days so it can take a 30(b)(6) deposition of Defendant
Co-Diagnostics.
The case is a securities fraud class action against Defendants
arising from alleged misrepresentations about a Covid-19 test and
its accuracy. In February 2023 and June 2023, the court granted the
parties' stipulated motions to amend the fact discovery and
deposition
deadlines.
Co-Diagnostics operates as a molecular diagnostics company. The
Company develops, manufactures, and sells reagents used for
diagnostic tests.
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3QjCYET at no extra charge.[CC]
COMMUNITY TRUST: Hall Sues Over Failure to Safeguard PII
--------------------------------------------------------
Alicia Hall, on behalf of herself individually and on behalf of all
others similarly situated v. COMMUNITY TRUST BANK, INC., Case No.
7:23-cv-00079-REW-EBA (E.D. Ky., Oct. 9, 2023), is brought against
CTB for its failure to properly secure and safeguard Plaintiff's
and other similarly situated CTB customers' sensitive information,
including full names, dates of birth, Social Security numbers, and
bank account information ("personally identifiable information" or
"PII").
Former and current Defendant customers are required to entrust
Defendant with sensitive, non-public PII, without which Defendant
could not perform its regular business activities, in order to
obtain financial services from Defendant. Defendant retains this
information for at least many years and even after the consumer
relationship has ended. By obtaining, collecting, using, and
deriving a benefit from the PII of Plaintiff and Class Members,
Defendant assumed legal and equitable duties to those individuals
to protect and safeguard that information from unauthorized access
and intrusion.
On an undisclosed date, Defendant learned that one its IT vendor's
networks had been penetrated by a cyberattack. In response,
Defendant's "service provider immediately took actions to mitigate
and assess the scope of information potentially compromised,
including engaging third-party professionals to assist in the
investigation and remediation of the vulnerability." As a result of
the investigation, Defendant's service provider concluded--on July
24, 2023--that "certain files that contain Plaintiff's and Class
Members' personal information was accessed and potentially removed
from the service provider's network by an unauthorized party on May
29-30, 2023.
According to Defendant's Notice of Data Security Event letter sent
to Plaintiff and other victims of the Data Breach (the "Notice
Letter"), the compromised PII included individuals' full names,
dates of birth, Social Security numbers, and bank account
information. The Defendant failed to adequately protect Plaintiff's
and Class Members PII––and failed to even encrypt or redact
this highly sensitive information. This unencrypted, unredacted PII
was compromised due to Defendant's negligent and/or careless acts
and omissions and their utter failure to protect customers'
sensitive data. Hackers targeted and obtained Plaintiff's and Class
Members' PII because of its value in exploiting and stealing the
identities of Plaintiff and Class Members. The present and
continuing risk to victims of the Data Breach will remain for their
respective lifetimes.
The Defendant disregarded the rights of Plaintiff and Class Members
by intentionally, willfully, recklessly, or negligently failing to
implement and maintain adequate and reasonable measures and ensure
those measures were followed by its IT vendors to ensure that the
PII of Plaintiff and Class Members was safeguarded, failing to take
available steps to prevent an unauthorized disclosure of data, and
failing to follow applicable, required, and appropriate protocols,
policies, and procedures regarding the encryption of data, even for
internal use. As a result, the PII of Plaintiff and Class Members
was compromised through disclosure to an unknown and unauthorized
third party. Plaintiff and Class Members have a continuing interest
in ensuring that their information is and remains safe, and they
should be entitled to injunctive and other equitable relief, says
the complaint.
The Plaintiff received the Notice Letter, via U.S. mail, directly
from Defendant, dated September 8, 2023.
The Defendant is a bank that provides financial services to "its
customers in Kentucky with 70 banking locations across eastern,
northeastern, central and south-central Kentucky, six banking
locations in southern West Virginia, and three banking locations in
Tennessee."[BN]
The Plaintiff is represented by:
John C. Whitfield, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
19 North Main Street
Madisonville, KY 42431
Phone: (270) 821-0656
Facsimile: (270) 825-1163
Email: jwhitfield@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN PHILLIPS GROSSMAN PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (865) 247-0047
Email: gklinger@milberg.com
COOPERATIEVE RABOBANK: $101MM Settlement to be Heard on Dec. 12
---------------------------------------------------------------
If You Owned a U.S. Dollar LIBOR-Based Instrument Between August
2007 and May 2010 A Class Action Settlement Totaling $101 Million
May Affect Your Legal Rights.
A federal court authorized this notice. This is not a solicitation
from a lawyer.
There are lawsuits impacting individuals and institutions that
entered into over-the-counter financial derivative and
non-derivative instruments directly with 17 banks and that received
payments tied to U.S. Dollar LIBOR. A Settlement totaling $101
million has been reached with Coöperatieve Rabobank U.A.
("Rabobank"), Lloyds Banking Group plc, Lloyds Bank plc, HBOS plc,
and Bank of Scotland plc (together, "Lloyds"), Royal Bank of Canada
("RBC"), and Portigon AG and Westdeutsche Immobilien Servicing AG
(together "Portigon"). Earlier settlements totaling $680 million
were reached with Barclays, Citibank, Deutsche Bank, HSBC, MUFG,
Norinchukin, and SocGen bringing the total settlement amount to
$781 million. The remaining Non-Settling Defendants include Bank of
America, Credit Suisse, JPMorgan Chase, Royal Bank of Scotland, and
UBS.
What does the Settlement provide?
The Settlement will create a Settlement Fund totaling $101 million
that will be used to pay eligible Class Members who submit valid
claims, as well as attorneys' fees not to exceed one third of the
gross settlement, expenses not to exceed $5,500,000, and service
awards to the Class Representatives not to exceed $100,000 per
Representative. Additionally, Rabobank, Lloyds, RBC, and Portigon
will provide certain cooperation to the Plaintiffs in their ongoing
litigation against the Non-Settling Defendants.
Am I eligible to receive a payment from the Settlement?
You are included if you (individual or entity) directly purchased
certain U.S. Dollar LIBOR-based instruments from Bank of America,
MUFG, Barclays, Citibank, Credit Suisse, Deutsche Bank, HSBC,
JPMorgan Chase, Lloyds, Norinchukin, Rabobank, Royal Bank of
Canada, Royal Bank of Scotland, Société Générale, UBS, or
Portigon (or their subsidiaries or affiliates) in the United
States; and owned the instruments at any time between August 2007
and May 2010. The instruments in the Settlement Class include
certain interest rate swaps, forward rate agreements, asset swaps,
collateralized debt obligations, credit default swaps, inflation
swaps, total return swaps, options, and bonds/floating rate notes.
How do I get a payment from the Settlement?
You can submit a Proof of Claim online or by mail. The deadline to
submit a Proof of Claim is February 10, 2024. You do not need to
submit a Proof of Claim to share in the Settlement if you
previously submitted a valid Proof of Claim in the prior
settlements and do not seek to modify or supplement your Proof of
Claim. You are entitled to receive a payment if you have a
qualifying transaction with any of the following banks: Bank of
America, MUFG, Barclays, Citibank, Credit Suisse, Deutsche Bank,
HSBC, JPMorgan Chase, Lloyds, Norinchukin, Rabobank, Royal Bank of
Canada, Royal Bank of Scotland, Société Générale, UBS, or
Portigon (or their subsidiaries or affiliates). You do not need to
have transacted with Rabobank, Lloyds, RBC, and Portigon
specifically. At this time, it is unknown how much each Class
Member who submits a valid claim will receive. Visit
www.USDollarLiborSettlement.com for more information on submitting
a Proof of Claim.
What are my rights?
If you are a member of the Settlement Class and you do not file a
timely claim, you will lose your right to receive money or benefits
from the $101 million settlement with Rabobank, Lloyds, RBC, and
Portigon unless you submitted a valid claim in a prior settlement
in the OTC Action. If you would like to retain your right to file
your own lawsuit against Rabobank, Lloyds, RBC, and Portigon, you
must opt out of the Settlement Class by November 17, 2023. If you
stay in the Settlement Class, you may object to the Settlement by
November 17, 2023.
The Court's hearing.
The Court will hold a hearing on December 12, 2023 to consider
whether to approve the Settlement and approve Class Counsel's
request of attorneys' fees of up to one-third of the Settlement
Fund, plus reimbursement of costs and expenses and service payments
to the Class Representatives. You or your own lawyer may appear and
speak at the hearing at your own expense. More information about
the Settlement is available on the Settlement website,
www.USDollarLiborSettlement.com, and in the Long Form Notice
accessible on that website, or by calling 1-888-619-8688.
This notice is only a summary.
For more information, including the full Notice and Settlement
Agreement, visit www.USDollarLiborSettlement.com, email
info@RabobankLiborSettlement.com, or call 1-888-619-8688
D V KALAMAZOO: Fails to Pay Proper Wages, Suit Alleges
------------------------------------------------------
JANE DOE, individually and on behalf of all others similarly
situated, Plaintiff v. D V KALAMAZOO, LLC d/b/a Little Darlings and
Cinema Theatre of Kalamazoo, Inc. d/b/a Deja Vu Showgirls,
Defendants, Case No. 1:23-cv-01081 (W.D. Mich., Oct. 11, 2023)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
The Plaintiff was employed by the Defendant as dancer from around
September 2019 to October 2022, and as a server at Little Darlings
club.
D V KALAMAZOO, LLC owns and operates an adult entertainment clubs
known as Deja Vu Showgirls and Little Darlings. [BN]
The Plaintiff is represented by:
David M. Blanchard, Esq.
Kelly R. McClintock, Esq.
BLANCHARD & WALKER PLLC
221 N. Main Street, Suite 300
Ann Arbor, MI 48104
Telephone: (734) 929-4313
Email: blanchard@bwlawonline.com
mcclintock@bwlawonline.com
ELECTROCORE INC: Consolidated Securities Suit Over IPO Dismissed
----------------------------------------------------------------
electroCore, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that on May 15, 2023, the Appellate
Division unanimously affirmed the dismissal of a consolidated
securities suit with Docket No. SOM-L 000876-19.
On July 8, 2019, and August 1, 2019, purported stockholders of the
Company served putative class action lawsuits in the Superior Court
of New Jersey for Somerset County, captioned "Shirley Stone vs.
electroCore, Inc., et al.," Docket No. SOM-L 001007-19,
respectively. In addition to the Company, the defendants include
present and past directors and officers, Evercore Group L.L.C.,
Cantor Fitzgerald & Co., JMP Securities LLC and BTIG, LLC, the
underwriters for its IPO; and two of the Company’s stockholders.
On August 15, 2019, the Superior Court entered an order
consolidating said action, which proceeded under Docket No. SOM-L
000876-19.
Each plaintiff was appointed a co-lead plaintiff. The plaintiffs
filed a consolidated amended complaint, which sought certification
of a class of stockholders who purchased common stock in the IPO or
whose purchases are traceable to that offering. The consolidated
amended complaint alleged that the defendants violated
ELITE LINE: Filing for Class Cert Bid Due Nov. 23
-------------------------------------------------
In the class action lawsuit captioned as MICHAEL SHAW, on behalf of
himself and the Class Members, v. ELITE LINE SERVICES, INC.,
DAIFUKU AMERICA CORPORATION, and DAIFUKU NORTH AMERICA HOLDING
COMPANY, Case No. 1:21-cv-01084-ADA-CDB (E.D. Cal.), the Court
entered an order granting in part the Plaintiffs' ex parte
application to modify
briefing schedule on motion for class certification.
-- Motion filing deadline: Nov. 23, 2023
-- Opposition filing deadline: Dec. 22, 2023
-- Reply filing deadline: Jan. 8, 2024
-- Motion hearing: March 6, 2024
The Plaintiffs filed their complaint on July 12, 2021. In that
operative complaint, the Plaintiff seeks to represent a class of
current and former non-exempt, hourly employees of Defendant
throughout California during the time period of July 12, 2017, to
the resolution of the action.
The Plaintiff alleges Defendant violated various provisions of the
California Labor Code and Unfair Competition Law in connection with
failing to pay wages and overtime, to permit meal and rest breaks,
to reimburse for eligible expenses, and for other employment
practices.
Elite is an aviation company specializing in airport facility
equipment operation and maintenance services.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3Qj9lU1 at no extra charge.[CC]
EMERGENT BIOSOLUTIONS: Faces Consolidated Suit Over SEC Filings
---------------------------------------------------------------
Emergent Biosolutions Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 9, 2023, that it is facing a
consolidated class action "In re Emergent BioSolutions Inc.
Securities Litigation," No. 8:21-cv-00955-PWG.
On April 20, 2021, May 14, 2021, and June 2, 2021, putative class
action lawsuits were filed against the company and certain of its
current and former senior officers in the United States District
Court for the District of Maryland on behalf of purchasers of the
company's common stock, seeking to pursue remedies under the
Securities Exchange Act of 1934. These complaints were filed by
Palm Tran, Inc. – Amalgamated Transit Union Local 1577 Pension
Plan, Alan I. Roth and Stephen M. Weiss, respectively.
The complaints allege, among other things, that the defendants made
false and misleading statements about the company's manufacturing
capabilities with respect to COVID-19 vaccine bulk drug substance.
These cases were consolidated on December 23, 2021 and the Lead
Plaintiffs in the consolidated matter are Nova Scotia Health
Employees’ Pension Plan and The City of Fort Lauderdale Police &
Firefighters’ Retirement System. The defendants filed a motion to
dismiss on May 19, 2022 and the Lead Plaintiff filed an opposition
to that motion on July 19, 2022. A hearing on the motion to dismiss
was conducted on April 19, 2023 and a decision on the motion is
expected in the coming months.
Emergent BioSolutions Inc., including its consolidated subsidiaries
is a global life sciences company focused on providing innovative
preparedness and response solutions addressing accidental,
deliberate, and naturally occurring Public Health Threats with
solutions that include a product portfolio, a product development
portfolio, and a contract development and manufacturing services
portfolio. The company is focused on the following four public
health threats categories: chemical, biological, radiological,
nuclear and explosives, emerging infectious diseases, emerging
health crises and acute/emergency care.
EQT CORP: Nov. 17 Securities Class Action Opt-Out Deadline Set
--------------------------------------------------------------
Attention purchasers and holders of EQT Corporation ("EQT") and
Rice Energy Inc. ("Rice") common stock from June 19, 2017 through
June 17, 2019
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION
TO: all persons and entities who:
(i) purchased the common stock of EQT from June 19, 2017 through
June 17, 2019 (the "Class Period");
(ii) held EQT shares as of the record date of September 25, 2017
and were entitled to vote with respect to EQT's acquisition of Rice
(the "Acquisition") at the November 9, 2017 special meeting of EQT
shareholders;
(iii) held Rice shares as of the record date of September 21, 2017
and were entitled to vote with respect to the Acquisition at the
November 9, 2017 special meeting of Rice shareholders; and/or
(iv) acquired the common stock of EQT in exchange for their shares
of Rice common stock in connection with the Acquisition,
and were damaged thereby (collectively, the "Class").
YOU ARE HEREBY NOTIFIED THAT A CLASS HAS BEEN CERTIFIED IN PENDING
LITIGATION THAT MAY AFFECT YOUR RIGHTS.
If you are a member of the Class described above, your rights may
be affected by the lawsuit referred to as In re EQT Corporation
Securities Litigation, Case No. 2:19-cv-00754-RJC, which is now
pending before the United States District Court for the Western
District of Pennsylvania (the "Court"), brought by Lead Plaintiffs
Government of Guam Retirement Fund and Eastern Atlantic States
Carpenter Annuity Fund and Eastern Atlantic States Carpenter
Pension Fund (f/k/a Northeast Carpenters Annuity Fund and Northeast
Carpenters Pension Fund) (collectively, "EAS Carpenters") and
additional Plaintiff Cambridge Retirement System on behalf of
themselves and others similarly situated against EQT and its senior
executives and board members, Steven T. Schlotterbeck, Robert J.
McNally, David L. Porges, David E. Schlosser, Jr., Jimmi Sue Smith,
James E. Rohr, Vicky A. Bailey, Philip G. Behrman, Kenneth M.
Burke, Margaret K. Dorman, Lee T. Todd, Jr., Christine J. Toretti,
Daniel J. Rice IV, and Robert F. Vagt (collectively,
"Defendants").
The Court determined that the Action may proceed as a class action
pursuant to Rule 23 of the Federal Rules of Civil Procedure.
Excluded from the Class are Defendants, directors and officers of
EQT, and their families and affiliates. Additionally, any person or
entity that timely and validly requests exclusion will be excluded
from the Class.
This Notice is not an expression of any opinion by the Court with
respect to the merits of the claims or the defenses asserted in the
Action. No decision has been made as to whether Defendants did
anything wrong, Defendants deny any wrongdoing, and this notice is
not an admission by Defendants that the claims asserted by Lead
Plaintiffs in this case are valid. This Notice is merely to advise
you of the pendency of this Action and of your rights therein.
If you have not received the "Notice of Pendency of Class Action"
which describes the Class Action and your related rights in detail,
you may obtain a copy by writing to:
EQT Corporation Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173068
Milwaukee, WI 53217
(877) 388-1761
If you fall within the definition of the Class set forth above, you
are currently a member of the Class. Defendants may argue at
summary judgment that the scope of the Class should be different.
Prior to final judgment, as in all class actions, the Class
definition is subject to change by Court order, pursuant to Rule 23
of the Federal Rules of Civil Procedure. IF YOU WISH TO REMAIN A
MEMBER OF THE CLASS, YOU DO NOT NEED TO DO ANYTHING AT THIS TIME.
If you wish to be excluded from the Class, you must send a request
for exclusion to the address above, postmarked no later than
November 17, 2023. There are specific requirements for requesting
exclusion that are set forth in the detailed Notice of Pendency of
Class Action.
In addition, inquiries regarding this litigation may be addressed
to:
COHEN MILSTEIN SELLERS & TOLL PLLC
Daniel S. Sommers
S. Douglas Bunch
Christina D. Saler
1100 New York Avenue, N.W.
West Tower, Suite 500
Washington, D.C. 20005-3934
Telephone: (202) 408-4600
Fax: (202) 408-4699
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
Adam Wierzbowski
Jesse L. Jensen
Jai K. Chandrasekhar
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Fax: (212) 554-1444
PLEASE DO NOT CALL THE COURT OR THE DISTRICT CLERK'S OFFICE
REGARDING THIS NOTICE.
Dated: August 18, 2023
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
EQUITABLE HOLDINGS: To Settle Consolidated Securities Suit
----------------------------------------------------------
Equitable Holdings, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 9, 2023, that in May 2023, the
parties in a putative class action lawsuit filed in the Southern
District of New York entitled "Brach Family Foundation, Inc. v. AXA
Equitable Life Insurance Company" informed the federal district
court that they had mutually agreed to settle the class action.
This lawsuit was filed in February 2016 on behalf of all owners of
universal life (UL) policies subject to Equitable Financial's cost
of insurance (COI) rate increase. In early 2016, Equitable
Financial raised COI rates for certain UL policies issued between
2004 and 2008, which had both issue ages 70 and above and a current
face value amount of $1 million and above. This was consolidated
with another case in 2017 where the consolidated amended class
action complaint alleged the following claims: breach of contract;
misrepresentations in violation of Section 4226 of the New York
Insurance Law; violations of New York General Business Law Section
349; and violations of the California Unfair Competition Law, and
the California Elder Abuse Statute.
Plaintiffs sought compensatory damages, costs, and, pre- and
post-judgment interest. With respect to their claim concerning
Section 4226, plaintiffs sought a penalty in the amount of premiums
paid by the plaintiffs and the putative class and injunctive relief
and attorneys' fees in connection with their statutory claims.
In August 2020, the federal district court issued a decision
certifying nationwide breach of contract and Section 4226 classes,
and a New York State Section 349 class. Owners of a substantial
number of policies opted out of the Brach class action. Most
opt-out policies are not yet the subject of litigation. Others
filed suit previously including three individual federal actions
that have been coordinated with the Brach action and contain
similar allegations along with additional allegations for
violations of state consumer protection statutes and common law
fraud.
In June 2023, the federal district court entered an order of
preliminary approval of the settlement agreement and scheduled a
final approval hearing for October 2023.
Equitable Holdings, Inc. is the holding company for a diversified
financial services organization that conducts operations in six
segments: Individual Retirement, Group Retirement, Investment
Management and Research, Protection Solutions, Wealth Management
and Legacy.
ESSILORLUXOTTICA SA: Jonas et al. Sue Over Eyewear Market Monopoly
------------------------------------------------------------------
MONET JONAS, BRAD HOAG, and REBECCA FROEHLICH, individually and on
behalf of all others similarly situated, Plaintiffs v.
ESSILORLUXOTTICA S.A., LUXOTTICA GROUP, S.P.A., ESSILOR
INTERNATIONAL SAS, ESSILORLUXOTTICA USA INC., LUXOTTICA U.S.
HOLDINGS CORP., ESSILOR OF AMERICA HOLDINGCOMPANY, INC., LUXOTTICA
OF AMERICA, INC., ESSILOR OF AMERICA INC., AND EYEMED VISION CARE,
LLC, Defendants, Case No. 0:23-cv-03082 (D. Minn., Oct. 5, 2023)
alleges violations of the Sherman Act and the Clayton Act.
The Plaintiffs seeks to restrain the Defendants' anticompetitive
conduct and to remedy the harms of their anticompetitive scheme.
The Defendants have allegedly abused and continues to abuse, their
monopoly power by preventing, delaying, excluding, or otherwise
restraining or suppressing retail competition in the
premium-branded eyewear market, in the United States to impose
supra-competitive prices in the premium-branded eyewear market.
EssilorLuxottica S.A. is a joint stock company incorporated under
the laws of France, with a registered office at 147 rue de Paris
94220, Charenton-Le-Pont, France. The company was formed from the
2018 merger of Luxottica Group S.p.A. and Essilor International
SAS. [BN]
The Plaintiff is represented by:
David M. Cialkowski, Esq.
Ian F. McFarland, Esq.
Zachary J. Freese, Esq.
ZIMMERMAN REED, LLP
1100 IDS Center
80 S. 8th St.
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: david.cialkowski@zimmreed.com
ian.mcfarland@zimmreed.com
zachary.freese@zimmreed.com
- and -
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
Michelle J. Looby, Esq.
Joshua J. Rissman, Esq.
Anthony J. Stauber, Esq.
GUSTAFSON GLUEK PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
mlooby@gustafsongluek.com
jrissman@gustafsongluek.com
tstauber@gustafsongluek.com
EXELA TECHNOLOGIES: $5MM Class Settlement to be Heard on Dec. 7
---------------------------------------------------------------
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BO SHEN, Individually and on Behalf of All Others Similarly
Situated,
Plaintiffs,
v
EXELA TECHNOLOGIES, INC., RONALD COGBURN, JAMES G.
REYNOLDS, and PARCHADHA
Defendants
Case No. 3:20-cv-00691-D
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION AND
PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING;
AND (III) MOTION FOR AN AWARD OF ATTORNEYS' FEES
AND REIMBURSEMENT OF LITIGATION EXPENSES
TO: All persons and entities who, during the period between March
16, 2018 and March 16, 2020, inclusive, purchased or otherwise
acquired the publicly traded common stock of Exela Technologies,
Inc. ("Exela"), and were damaged thereby (the "Settlement
Class"):1
PLEASE READ THIS NOTICE CAREFULLY, YOUR RIGHTS WILL BE AFFECTED BY
A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Northern District of Texas, that the above-captioned
litigation (the "Action") has been certified as a class action on
behalf of the Settlement Class, except for certain persons and
entities who are excluded from the Settlement Class by definition
as set forth in the full Notice of (I) Pendency of Class Action,
Certification of Settlement Class, and Proposed Settlement; (II)
Settlement Fairness Hearing; and (III) Motion for an Award of
Attorneys' Fees and Reimbursement of Litigation Expenses (the
"Notice").
YOU ARE ALSO NOTIFIED that the Lead Plaintiff in the Action has
reached a proposed settlement of the Action for $5,000,000 in cash
(the "Settlement"), that, if approved, will resolve all claims in
the Action.
A hearing will be held on December 7, 2023 at 10:00 a.m., before
the Honorable Sidney A. Fitzwater at the United States District
Court for the Northern District of Texas, United States Courthouse,
Courtroom 1351, 1100 Commerce Street, Dallas, Texas 75242-1003, to
determine (i) whether the proposed Settlement should be approved as
fair, reasonable, and adequate; (ii) whether the Action should be
dismissed with prejudice against Defendants, and the Releases
specified and described in the Stipulation (and in the Notice)
should be granted; (iii) whether the proposed Plan of Allocation
should be approved as fair and reasonable; and (iv) whether Lead
Counsel's application for an award of attorneys' fees and
reimbursement of Litigation Expenses should be approved.
If you are a member of the Settlement Class, your rights will be
affected by the pending Action and the Settlement, and you may be
entitled to share in the Settlement Fund. The Notice and Proof of
Claim and Release Form ("Claim Form"), can be downloaded from the
website maintained by the Claims Administrator,
www.ExelaSecuritiesLitigation.com. You may also obtain copies of
the Notice and Claim Form by contacting the Claims Administrator at
Exela Tech. Securities Litigation, c/o Epiq Class Action & Claims
Solutions, Inc., P.O. Box 2147, Portland, OR 97208-2147,
1-888-306-3146.
If you are a member of the Settlement Class, in order to be
eligible to receive a payment under the proposed Settlement, you
must submit a Claim Form postmarked no later than January 24, 2024.
If you are a Settlement Class Member and do not submit a proper
Claim Form, you will not be eligible to share in the distribution
of the net proceeds of the Settlement but you will nevertheless be
bound by any judgments or orders entered by the Court in the
Action.
If you are a member of the Settlement Class and wish to exclude
yourself from the Settlement Class, you must submit a request for
exclusion such that it is received no later than November 16, 2023,
in accordance with the instructions set forth in the Notice. If you
properly exclude yourself from the Settlement Class, you will not
be bound by any judgments or orders entered by the Court in the
Action and you will not be eligible to share in the proceeds of the
Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Lead Counsel's motion for attorneys' fees and
reimbursement of expenses, must be filed with the Court and
delivered to Lead Counsel and Defendants' Counsel such that they
are received no later than November 16, 2023, in accordance with
the instructions set forth in the Notice.
Please do not contact the Court, the Clerk's office, Exela, or its
counsel regarding this notice. All questions about this notice, the
proposed Settlement, or your eligibility to participate in the
Settlement should be directed to Lead Counsel or the Claims
Administrator.
Inquiries, other than requests for the Notice and Claim Form,
should be made to Lead Counsel:
GLANCY PRONGAY & MURRAY LLP
Kara M. Wolke, Esq.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
(310) 201-9150
info@glancylaw.com
Requests for the Notice and Claim Form should be made to:
Exela Tech. Securities Litigation
c/o Epiq Class Action & Claims Solutions, Inc.
P.O. Box 2147
Portland, OR 97208-2147
888-306-3146
www.ExelaSecuritiesLitigation.com
By Order of the Court
1 All capitalized terms used in this Summary Notice that are not
otherwise defined herein have the meanings ascribed to them in the
Stipulation and Agreement of Settlement dated July 27, 2023 (the
"Stipulation"), which is available at
www.ExelaSecuritiesLitigation.com.
FORD MOTOR: Haworth et al. Sue Over Defective Vehicle Transmission
------------------------------------------------------------------
TODD HAWORTH, JULIE HAWORTH, KYLE JOHNSON and VALERIE JOHNSON,
individually and on behalf of all others similarly situated,
Plaintiffs v. FORD MOTOR COMPANY, Defendant, Case No.
5:23-cv-00885-D (W.D. Okla., Oct. 5, 2023) alleges claims against
the Defendants for, among other things, breach of express warranty,
breach of implied warranty of merchantability, fraud, unjust
enrichment, and for violations of the Magnuson-Moss Warranty Act in
connection with the defective 10R80 10-speed transmission installed
on Ford Expeditions, Mustangs, Rangers, F-150s, and Lincoln
Navigators from at least 2017 to present.
According to the complaint, Ford failed to disclose this defect to
Plaintiffs and Class Members at the time of purchase or lease. As a
result of their reliance on Ford’s omissions and/or
misrepresentations, Plaintiffs and other owners and/or lessees of
the Class Vehicles have suffered ascertainable loss of money,
property, and/or loss in value of their Class Vehicles, says the
suit.
Headquartered in Dearborn, MI, Ford Motor Company is a publicly
traded corporation organized under the laws of the state of
Delaware. The company is engaged in the design, manufacture and
sale of automotive vehicles. [BN]
The Plaintiffs are represented by:
Randi A. Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530-3207
Telephone: (516) 741-5600
Facsimile: (865) 522-0049
E-mail: rkassan@milberg.com
FORD MOTOR: Rathmann Appeals Class Cert. Bid Denial to 5th Cir.
---------------------------------------------------------------
DAVID M. RATHMANN is taking an appeal from a court order denying
his motion to certify class in the lawsuit entitled David M.
Rathmann, individually and on behalf of all others similarly
situated, Plaintiff, v. Ford Motor Company, Defendant, Case No.
6:21-cv-00610, in the U.S. District Court for the Western District
of Texas.
As previously reported in the Class Action Reporter, the Plaintiff
filed a complaint against the Defendant for breach of express
warranty, breach of implied warranty of merchantability, common law
fraud, negligent misrepresentation, and violations of the Texas
Deceptive Trade Practices Consumer Protect Act and the
Magnuson-Moss Warranty Act by misrepresenting the towing and
hauling capacity of its 2020 model year Ford F-350 pickup trucks.
On Mar. 2, 2023, the Plaintiff filed a motion to certify class,
appoint class representative, and appoint class counsel.
On Aug. 25, 2023, Magistrate Judge Jeffrey C. Manske signed a
report and recommendation to deny the Plaintiff's motion to certify
class, appoint class representative, and appoint class counsel.
On Sept. 20, 2023, Judge Alan D. Albright adopted Judge Manske's
report and recommendation and ordered the denial of Plaintiff's
motion to certify class, appoint class representative, and appoint
class counsel.
The appellate case is captioned Rathmann v. Ford Motor, Case No.
23-90031, in the United States Court of Appeals for the Fifth
Circuit, filed on October 5, 2023. [BN]
Plaintiff-Petitioner, individually and on behalf of all others
similarly situated, is represented by:
Jeffrey John Angelovich, Esq.
Bradley E. Beckworth, Esq.
Jessica Elaine Underwood, Esq.
NIX PATTERSON, LLP
8701 Bee Cave Road
Building 1
Austin, TX 78746
Telephone: (512) 328-5333
- and -
Douglas A. Daniels, Esq.
John Francis Luman, III, Esq.
Sabrina Tour, Esq.
DANIELS & TREDENNICK, PLLC
6363 Woodway Drive
Houston, TX 77057
Telephone: (713) 917-0024
(832) 618-9567
- and -
William Haacker, Esq.
Tej Paranjpe, Esq.
PARANJPE MAHADASS & RUEMKE, LLP
3701 Kirby Drive
Houston, TX 77098
Telephone: (832) 667-7700
Defendant-Respondent FORD MOTOR COMPANY is represented by:
Michael P. Cooney, Esq.
DYKEMA GOSSETT, PLLC
400 Renaissance Center
Detroit, MI 48243
Telephone: (313) 568-6955
- and -
James P. Feeney, Esq.
DYKEMA GOSSETT, PLLC
39577 Woodward Avenue
Bloomfield Hills, MI 48304
Telephone: (248) 203-0841
- and -
Rebekah L. Hudgins, Esq.
DYKEMA GOSSETT, PLLC
1717 Main Street
Comerica Bank Tower
Dallas, TX 75201
Telephone: (214) 698-7854
GATOS SILVER: Agreement in Principle Entered in Securities Suit
---------------------------------------------------------------
Gatos Silver, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that on June 13, 2023, the company
entered into an agreement in principle to settle a purported class
action suit filed in the United States District Court for the
District of Colorado against the company, certain of its former
officers, and several directors.
Subject to certain conditions, including class certification by the
District Court, the execution of a definitive stipulation of
settlement and approval of the settlement by the District Court,
the settling parties have agreed to resolve the U.S. Class Action
for a payment by the company and its insurers of $21,000 to a
settlement fund.
On June 16, 2023, the parties filed a joint status report
requesting that the court grant a temporary stay of all proceedings
in the case pending submission of proposed settlement documentation
on or before July 13, 2023. On July 13, 2023, the plaintiffs filed
an unopposed motion for an order preliminarily approving a
stipulation of settlement agreed by the parties and providing for
class notice which will provide for a preliminary approval of the
settlement, approval of the form and manner of giving notice of the
settlement to the settlement class and a hearing date and time to
consider final and approval of the Settlement and related matters.
That motion is currently pending a decision by the Court.
Said class action was filed on February 22, 2022 with an amended
complaint filed on August 15, 2022. The amended complaint,
allegedly brought on behalf of certain purchasers of Gatos common
stock and certain traders of call and put options on Gatos common
stock from December 9, 2020, through January 25, 2022, seeks, among
other things, damages, costs, and expenses, and asserts claims
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 as well as Sections 11 and 15 of the Securities Act of 1933.
The amended complaint alleges that certain individual defendants
and Gatos, pursuant to the control and authority of the individual
defendants, made false and misleading statements and/or omitted
certain material information regarding the mineral resources and
reserves at the Cerro Los Gatos mine. Gatos and all defendants
filed a motion to dismiss this action on October 14, 2022. That
motion was fully briefed as of December 23, 2022.
On April 26, 2023, following a joint motion, the court ordered that
it will postpone a ruling on defendants' motion to dismiss until on
or after June 16, 2023.
Gatos Silver, Inc. is a silver ore mining company based in
Vancouver, Canada.
GATOS SILVER: Faces Przybylska Securities Suit in Canadian Court
----------------------------------------------------------------
Gatos Silver, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that it is facing a putative class
action filed by Izabela Przybylska on February 9, 2022.
A subsequent Statement of Claim dated March 11, 2022 was filed
against certain of its former officers and directors, and others in
the Ontario Superior Court of Justice on behalf of a purported
class of all persons or entities who acquired securities of Gatos
in both the primary and secondary markets during the period from
October 28, 2020 until January 25, 2022.
The action asserts claims under Canadian securities legislation and
at common law and seeks unspecified monetary damages and other
relief in respect of allegations the defendants made false and
misleading statements and omitted material information regarding
the mineral resources and reserves of Gatos. The plaintiff filed
motion materials for leave to proceed in respect of her statutory
claims and for class certification on March 3, 2023, which
materials were amended and filed on May 1, 2023. The court has
tentatively set dates in late March of 2024 for the hearing of the
plaintiff’s motions.
Gatos Silver, Inc. is a silver ore mining company based in
Vancouver, Canada
HAIN CELESTIAL: Seeks Extension to File Class Cert Opposition
-------------------------------------------------------------
In the class action lawsuit captioned as TRACY HOWARD, ADINA
RINGLER, and TRECEE ARTIS, on behalf of themselves and those
similarly situated, v. THE HAIN CELESTIAL GROUP, INC., Case No.
3:22-cv-00527-VC (N.D. Cal.), Hain Celestial moves the Court to
extend its deadline to file its opposition to Plaintiffs' motion
for class certification by 5 days until November 1, 2023.
If the Court grants this motion, Hain Celestial does not object to
the Court extending Plaintiffs' deadline to file their reply brief
by five days until December 20, 2023.
Hain Celestial seeks this extension due to unexpected delays in
obtaining survey data that its expert intends to use in his expert
report. As the Court is aware, Plaintiffs' experts conducted two
consumer surveys in support of their class certification motion.
Hain is an American food company whose main focus is natural foods
and botanically-based personal care products.
A copy of the Defendant's motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/48Vulra at no extra
charge.[CC]
The Defendant is represented by:
Dean N. Panos, Esq.
Kate T. Spelman, Esq.
Alexander M. Smith, Esq.
Madeline P. Skitzki, Esq.
JENNER & BLOCK LLP
353 North Clark Street
Chicago, IL 60654
Telephone: (312) 222-9350
Facsimile: (312) 527-0484
E-mail: dpanos@jenner.com
kspelman@jenner.com
asmith@jenner.com
mskitzki@jenner.com
HANAM DAEJI: Ko Seeks Conditional Status of Collective
-------------------------------------------------------
In the class action lawsuit captioned as EUNBIN KO, individually,
and on behalf of others similarly situated, v. HANAM DAEJI, INC dba
Hanam BBQ House, KANG W LEE, SEJIN OH and JOHN DOE aka CALVIN, Case
No. 2:22-cv-06335-MCA-LDW (D.N.J.), the Plaintiff asks the Court to
enter an order pursuant to Section 16(b) of the Fair Labor
Standards Act (FLSA), 29 U.S.C. section 216(b):
1) Conditionally certifying the proposed collective FLSA class;
2) Implementing a procedure whereby a Court-approved Notice of
Plaintiff's FLSA claims is sent (via U.S. Mail, e-mail, and
text
message) to:
"All current and former servers who worked for Defendant
Hanam
Daeji, Inc at any time within six years from the date this
lawsuit was filed through judgment; and
3) Requiring Defendant to identify all putative collective
action
members by providing a list of their names, last known
addresses, dates, and location of employment, phone numbers,
and
email addresses in electronic and importable format within 10
days of the entry of the order.
A copy of the Plaintiff's motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/45CfpLI at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan J. Kim, Esq.
RYAN KIM LAW, P.C.
222 Bruce Reynolds Blvd. Suite 490
Fort Lee, NJ 07024
E-mail: ryan@RyanKimLaw.com
HANCOCK WHITNEY: Metoyer-Bradley Sues Over Unpaid Overtime Wages
----------------------------------------------------------------
Sherry Metoyer-Bradley, individually and on behalf of all those
similarly situated v. HANCOCK WHITNEY BANK, Case No. 2:23-cv-05809
(E.D. La., Oct. 5, 2023), is brought asserting that the Defendant
failed to pay the Plaintiff owed overtime wages in violation of the
Fair Labor Standards Act ("FLSA").
The Plaintiff regularly worked more than 40 hours in a workweek,
inclusive of both the time recorded by Defendant and the time spent
performing the Opening Procedures and/or Closing Procedures. The
Plaintiffs regularly worked/work more than 40 hours in a workweek,
inclusive of both the time recorded by Defendant and the time spent
performing the Opening Procedures and Closing Procedures, says the
complaint.
The Plaintiff was employed by the Defendant as a Customer Service
Manager at Defendant's Royal Street branch in New Orleans,
Louisiana from September 11, 2017 to October 2022.
The Defendant is a company doing business in Louisiana.[BN]
The Plaintiff is represented by:
John G. Munoz, Esq.
GARNER & MUNOZ
935 Gravier Street, Suite 1140
New Orleans, LA 70112
Phone: (504) 581-7070
Fax: (504) 581-7083
Email: jgm@g-mlaw.com
HARBOR FREIGHT: Hammack Suit Seeks Class Status
-----------------------------------------------
In the class action lawsuit captioned as RUSSELL HAMMACK, et al.,
v. HARBOR FREIGHT TOOLS USA, INC., Case No. 4:22-cv-00312-SRB (W.D.
Mo.), the Plaintiff asks the Court to enter an order certifying the
following classes:
-- The Nationwide Class
"All persons who purchased any of the Defective Products in the
United States for personal, family or household purposes from
March 9, 2019 to the present."
Both Plaintiffs are class members of the Nationwide Class and
both
Plaintiffs seek to be appointed as class representatives of the
Nationwide Class in order to pursue injunctive relief on
behalf of themselves and all class members under the CLRA as
pled
in Count I of Plaintiffs' Second Amended Complaint (SAC).
-- The MMPA Class
"All persons who purchased any of the Defective Products in the
state of Missouri for personal, family or household purposes
from
March 9, 2017 to the present."
The Plaintiff Melvin Lampton is a class member of the MMPA
Class
and seeks to be appointed as class representative of the MMPA
Class in order to pursue damages on behalf of himself and all
class members under the MMPA as pled in Count II of the SAC.
-- The KCPA Class
"All persons who purchased any of the Defective Products in the
state of Kansas for personal, family, household, business, or
agricultural purposes from March 9, 2019 to the present."
The Plaintiff Russell Hammack is a class member of the KCPA
Class
and seeks to be appointed as class representative of the KCPA
Class in order to pursue damages under the KCPA as pled in
Count
III of that SAC.
-- The Kansas Unjust Enrichment Class
"All persons who purchased any of the Defective Products in the
state of Kansas from March 9, 2020 to the present."
The Plaintiff Russell Hammack is a class member of the Kansas
Unjust Enrichment Class and seeks to be appointed as class
representative of the Kansas Unjust Enrichment Class in order
to
pursue damages for unjust enrichment as pled in Count IV of the
SAC.
-- The Missouri Breach of Implied Warranty Class
"All persons who purchased any of the Defective Products in the
state of Missouri from March 9, 2017 to the present."
The Plaintiff Melvin Lampton is a class member of the Missouri
Breach of Implied Warrant Class and seeks to be appointed as
class
representative of the Missouri Breac of Implied Warranty Class
in
order to pursue damages for breach of implied warranty as pled
in
Count VIII of the SAC.
-- The Kansas Breach of Implied Warranty Kansas Class
"All persons who purchased any of the Defective Products in the
state of Kansas from March 9, 2019 to the present."
The Plaintiff Russell Hammack is a class member of the Kansas
Breach of Implies Warranty Class and seeks to be appointed as
class representative of the Kansas Breach of Implies Warranty
Class in order to pursue damages for breach of implied warranty
as
pled in Count VIII of the SAC.
Harbor Freight is an American privately held tool and equipment
retailer.
A copy of the Plaintiffs' motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/46PlDsL at no extra
charge.[CC]
The Plaintiffs are represented by:
Kenneth B. McClain, Esq.
Paul D. Anderson, Esq.
Jonathan M. Soper, Esq.
Nichelle L. Oxley, Esq.
HUMPHREY, FARRINGTON & McCLAIN, P.C.
221 W. Lexington, Suite 400
Independence, MO 64050
Telephone: (816) 836-5050
Facsimile: (816) 836-8966
E-mail: kbm@hfmlegal.com
pda@hfmlegal.com
jms@hfmlegal.com
nlo@hfmlegal.com
HARBOR FREIGHT: Plaintiffs Allowed to File Class Cert Suggestions
-----------------------------------------------------------------
In the class action lawsuit captioned as Hammock v. Harbor Freight
Tools USA, Inc., Case No. 4:22-cv-00312 (W.D. Mo., Filed May 10,
2022), the Hon. Judge Stephen R. Bough entered an order granting
motion for leave to file unredacted suggestions in support of class
certification and exhibits under seal.
The nature of suit states Torts - Personal Property - Property
Damage Product Liability.
Harbor Freight is an American privately held tool and equipment
retailer.[CC]
HCAP EQUITY HOLDINGS: Faces Consolidated Securities Suit
--------------------------------------------------------
Portman Ridge Finance Corporation disclosed in its Form 10-Q for
the quarterly period ended June 30, 2023, filed with the Securities
and Exchange Commission on August 9, 2023, that HCAP Equity
Holdings, LLC, one of the company's taxable blocker subsidiaries,
and certain of its officers and directors as well as JMP Group LLC
was named as defendant in a putative stockholder class action
lawsuit filed in the Court of Chancery in the State of Delaware,
captioned "Ronald Tornese v. Joseph Jolson, et al.," Case No.
2021-0167.
The complaints in the Delaware Actions allege certain breaches of
fiduciary duties against the defendants as well as aiding and
abetting claims against JMP Group LLC and HCAP's Chief Executive
Officer concerning HCAP's proposed merger with the Company and
Acquisition Sub that resulted in the merger with and into the
company.
On June 9, 2021, HCAP merged with and into Portman Ridge with the
company as the surviving corporation. As a result, the company
became responsible for any claims against HCAP as well as for any
advancement and/or indemnification owed to the former officers and
directors of HCAP. On or about May 10, 2022, plaintiffs in the
Delaware Actions filed a consolidated amended complaint seeking
damages against defendants for allegedly breaching their fiduciary
duties in connection with the proposed merger.
On or about May 31, 2022, defendants moved to dismiss the Delaware
action. Thereafter, in December 2022, plaintiffs again amended
their complaint, and defendants again moved to dismiss the Delaware
Action. On June 7, 2023, the court heard oral argument on
defendants' motions to dismiss. The court dismissed all claims
against HCAP's former independent directors but denied the motions
of the remaining defendants. The Delaware Actions remain at the
early stage.
Portman Ridge Finance Corporation, formerly known as KCAP
Financial, Inc., is an externally managed, non-diversified
closed-end investment company that originates, structures, and
invests in secured term loans, bonds or notes and mezzanine debt
primarily in privately-held middle market companies but may also
invest in other investments such as loans to publicly-traded
companies, high-yield bonds, and distressed debt securities.
HEALTH PLAN: Katz Sues Over Unfair Health Plans' 100-Day Exclusion
------------------------------------------------------------------
JULIE KATZ and NEAL KATZ, as parents and guardians of their minor
child J.K., individually and on behalf of similarly situated
individuals, Plaintiffs v. HEALTH PLAN OF NEVADA, INC., Defendant,
Case No. 2:23-cv-01598 (D. Nev., Oct. 5,2023) seeks remedies under
Employee Retirement Income Security Act stemming from Health Plan
of Nevada, Inc's (HPN) imposition of the 100-day Exclusion in
health plans governed by the Parity Act.
According to the complaint, these remedies include but are not
limited to: (1) an order declaring that the 100-day Exclusion
violates the Parity Act and is therefore void and unenforceable;
(2) an order directing HPN to process and reprocess claims for
residential treatment center benefits that were or would have been
denied as a result of the HPN's 100-day Exclusion, and to require
equitable tolling of related deadlines; and (3) other equitable
remedies related to HPN's breaches of fiduciary duty including, but
not limited to unjust enrichment, disgorgement, restitution, and
surcharge.
HPN is a domestic corporation in the State of Nevada, headquartered
in Las Vegas, in Clark County, Nevada. It offers individual and
group health plan coverage that includes both medical/surgical
benefits and mental health/substance use disorder benefits. [BN]
The Plaintiffs are represented by:
Pat Lundvall, Esq.
Daniel Aquino, Esq.
MCDONALD CARANO LLP
2300 W Sahara Ave, Suite 1200
Las Vegas, NV 89102
Telephone: (702) 873-4100
E-mail: plundvall@mcdonaldcarano.com
daquino@mcdonaldcarano.com
- and -
Eleanor Hamburger, Esq.
Richard E. Spoonemore, Esq.
Daniel S. Gross, Esq.
SIRIANNI YOUTZ SPOONEMORE HAMBURGER PLLC
3101 Western Avenue, Suite 350
Seattle, WA 98121
Telephone: (206) 223-0303
E-mail: ehamburger@sylaw.com
rspoonemore@sylaw.com
dgross@sylaw.com
HEARTLAND PAYMENT: Joint Bid for Temporary Stay of Deadlines OK'd
-----------------------------------------------------------------
In the class action lawsuit captioned as Story v. Heartland Payment
Systems, LLC, Case No. 3:19-cv-00724 (M.D. Fla., Filed June 17,
2019), the Hon. Judge Timothy J. Corrigan entered an order:
-- Granting the Joint Motion for Temporary Stay of Deadlines,
-- Vacating the current scheduling order, and
-- Canceling the Feb. 15, 2024, hearing on the motion for class
certification.
The hearing will be reset on review of the amended proposed
schedule, which the parties must file by Nov. 3, 2023.
The nature of suit states Other Contract.
Heartland is a U.S.-based payment processing and technology
provider.[CC]
HERO SERVICES: Suit Removed to N.D. Oklahoma
--------------------------------------------
The case styled as Jane Doe, individually, and as Mother and Next
Friend of J.D. and A.D., Minors, and on behalf of all others
similarly situated, J.D., A.D. v. Hero Services, LLC doing business
as: Kids Dental Vision Care, Hero Practice Services, Case No.
CJ-23-03255 was removed from the Tulsa Cty. Dist. Ct., to the U.S.
District Court for the Northern District of Oklahoma on Oct. 6,
2023.
The District Court Clerk assigned Case No. 4:23-cv-00432-MTS to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Hero Services LLC -- https://heroservices.com/ -- is a provider of
residential and light commercial heating and air conditioning
repairs, maintenance and installations.[BN]
The Plaintiff is represented by:
Matthew D Alison, Esq.
Indian And Environmental Law Group, PLLC
233 South Detroit Ave., Suite 200
Tulsa, OK 74120
Phone: (918) 347-6169
Email: matthew@iaelaw.com
The Defendant is represented by:
Brenna Nicole Wiebe, Esq.
Charles H Moody, Esq.
RODOLF & TODD
401 S Boston Ave., Ste. 2000
Tulsa, OK 74103
Phone: (918) 295-2100
Fax: (918) 295-7800
Email: brenna@rodolftodd.com
cmoody@rodolftodd.com
HOME POINT: Moyer Bid to Certify Class OK'd
-------------------------------------------
In the class action lawsuit captioned as SANDRA MOYER, et al., v.
HOME POINT FINANCIAL CORP., Case No. 1:20-cv-03449-RDB (D. Md.),
the Hon. Judge Richard D. Bennett entered an order:
-- Granting the Defendant's motion for leave to file Sur Reply;
-- Granting the Plaintiffs' motion for leave to file supplemental
authority; and
-- Granting the Plaintiffs' motion to certify class.
Richard Martin, Terry Patterson, Jr., and Yvonne Matthew, and the
proposed Home Point Class, satisfy the requirements of Federal
Rules of Civil Procedure 23(a) and 23(b)(3), as follows:
a. The proposed Home Point Class is ascertainable, such that it
is
administratively feasible to identify the members of the
proposed class and provide notice;
b. The proposed Home Point Class is so numerous that joinder of
all
members is impracticable;
c. There are issues of fact and law common to the Home Point
Class;
d. The claims of named Plaintiffs are typical of the Home Point
Class;
e. The named Plaintiffs Sandra Moyer, Richard Martin, Terry
Patterson, Jr., and Yvonne Matthew have the same interests as
the proposed Home Point Class, and are adequate class
representatives;
f. Melissa Lynn English and Michael Paul Smith, of Smith, Gildea
&
Schmidt, LLC, and Drew LaFramboise and Timothy Francis
Maloney,
of Joseph, Greenwald & Laake, P.A., are qualified and
adequate
class counsel;
g. Questions of law or fact common to members of the Home Point
Class predominate over questions affecting only individual
members; and
h. A class action is a superior method of adjudicating the
claims
of the members of the Home Point Class.
The following "Home Point Class" is certified under Rule 23 of the
Federal Rules of Civil Procedure:
"All individuals in the United States who were borrowers on a
federally related mortgage loan (as defined under the Real
Estate
Settlement Procedures Act, originated by, brokered by, and/or
otherwise obtained from Home Point Financial Corporation f/k/a
Maverick Funding Corporation, for which All State Title, Inc.,
provided settlement service, as identified on the borrowers
HUD-1
or Closing Disclosure, between January 1, 2014 and February 29,
2016. Exempted from this class is any person who, during the
period
between January 1, 2014 and February 29, 2016 was an employee,
officer, member, and/or agent of Home Point Financial, Maverick
Funding Corporation, or All Star Title, Inc.
The Plaintiffs Sandra Moyer, Richard Martin, Terry Patterson, Jr.,
and Yvonne Matthew are appointed class representatives.
Melissa Lynn English and Michael Paul Smith, of Smith, Gildea &
Schmidt, LLC, and Drew LaFramboise and Timothy Francis Maloney, of
Joseph, Greenwald & Laake, P.A. are appointed class counsel.
The parties shall confer and jointly submit to the Court a proposed
form of notice to the Class no later than 30 days following entry
of this Order.
The Clerk of the Court shall transmit a copy of this Order and
accompanying Memorandum Opinion to counsel of record.
Home Point offers reverse mortgages, conventional loans, and
refinancing services.
A copy of the Court's order dated Oct. 11, 2023 is available from
PacerMonitor.com at https://bit.ly/3QiZSw5 at no extra charge.[CC]
HOYA OPTICAL LABS: Wrinkle Suit Removed to S.D. Illinois
--------------------------------------------------------
The case styled as Alan Wrinkle, individually and on behalf of all
others similarly situated v. Hoya Optical Labs of America, Inc.,
Case No. 2023LA27 was removed from the Twenty-Fourth Judicial
Circuit, Monroe County, to the U.S. District Court for the Southern
District of Illinois on Oct. 6, 2023.
The District Court Clerk assigned Case No. 3:23-cv-03308 to the
proceeding.
The nature of suit is stated as Other Contract.
Hoya Optical Labs of America, Inc. -- https://hoyaoptics.com/ --
manufacture and sell special glass used in various fields including
electronic glasses which are often used in the electric and
electronics industries.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
David J. Stein, Esq.
GREENBERG TRAURIG, P.A
77 West Wacker, Ste. 3100
Chicago, IL 60601
Phone: (312) 236-4759
Email: david.stein@gtlaw.com
HUNTINGTON INGALLS: Parties Seek Approval of Class Settlement Deal
-------------------------------------------------------------------
In the class action lawsuit captioned as JOSHUA GRIZZLE, DAVID
LEONARD, and CALEB PIERCY, on behalf of themselves and all others
similarly situated, v. HUNTINGTON INGALLS INCORPORATED, d/b/a
Newport News Shipbuilding, a Tenneco Company Case No.
4:22-cv-00109-RBS-LRL (E.D. Va.), the Parties ask the Court to
enter an order approving their settlement agreement and dismissing
the Plaintiffs' claims with prejudice.
The Plaintiff further moves the Court to approve the Fair Labor
Standards Act (FLSA) collective action.
Huntington designs, builds, and maintains nuclear and non-nuclear
ships for the United States Navy and Coast Guard
A copy of the Parties' motion dated Oct. 11, 2023 is available from
PacerMonitor.com at https://bit.ly/3FiA2C6 at no extra charge.[CC]
The Plaintiffs are represented by:
James H. Shoemaker, Jr., Esq.
PATTEN, WORNOM, HATTEN & DIAMONSTEIN, L.C.
12350 Jefferson Avenue, Suite 300
Newport News, VA 23602
Telephone: (757) 223-4580
Facsimile: (757) 249-1627
E-mail: jshoemaker@pwhd.com
The Defendant is represented by:
Robert W. McFarland, Esq.
Laura J. Cooley, Esq.
MCGUIRE WOODS
World Trade Center, Suite 9000
101 West Main Street
Norfolk, VA 23510
E-mail: rmcfarland@mcguirewoods.com
lcooley@mcguirewoods.com
ILLINOIS: Seeks Nov. 2 Extension to File Class Cert Response
------------------------------------------------------------
In the class action lawsuit captioned as ALAN CROSS, individually
and on behalf of all those similarly situated, v. BRENDAN KELLY, in
his official capacity as Director of the Illinois Police, Case No.
3:23-cv-03165-CRL-KLM (C.D. Ill.), the Defendant asks the Court to
enter an order pursuant to Local Rule 6.1, for a 21-day extension
of time until November 2, 2023, to respond to Plaintiff's Motion
for Class Certification.
1. The Defendant's deadline to respond to Plaintiff's Motion for
Class Certification is October 12, 2023.
2. Lead counsel for Defendant has been out of the office earlier
this week due to illness in her household and is now ill with
COVID-19. The second chair in this case, who will be filing
an
appearance upon admittance to the Central District, will be
out
of the country for previously scheduled travel from October
17,
2023 through October 27, 2023.
A copy of the Defendant's motion dated Oct. 11, 2023 is available
from PacerMonitor.com at https://bit.ly/3tnXuuL at no extra
charge.[CC]
The Defendant is represented by:
Sarah H. Newman, Esq.
OFFICE OF THE ILLINOIS ATTORNEY GENERAL
100 West Randolph Street
Chicago, IL 60601
Telephone: (311) 814-6131
E-mail: Sarah.Newman@ilag.gov
INOVA HEALTH: Ellison Appeals Ruling in Class Suit to 4th Circuit
-----------------------------------------------------------------
MICHAEL ELLISON, et al. are taking an appeal from a court order in
their lawsuit entitled Michael Ellison, et al., on behalf of
themselves and all others similarly situated, Plaintiffs, v. Inova
Health System Foundation, et al., Defendants, Case No.
1:23-cv-00132-MSN-LRV, in the U.S. District Court for the Eastern
District of Virginia.
Stemming from the COVID-19 pandemic, this case involves a
hospital's efforts to respond to the rapidly changing circumstances
of this public health crisis and how those efforts allegedly
impacted its employees' exercise of their religious beliefs.
In July 2021, Defendant Inova Health announced that it would
require all hospital employees to receive the COVID-19 vaccine.
However, that mandate was not absolute: employees unable to be
vaccinated for medical reasons or unwilling to be vaccinated for
religious reasons could request either a permanent or temporary
exemption from the otherwise mandatory policy. And, by and large,
when an employee requested an exemption, it was granted within a
few days.
But, in November 2021 (and in response to continuing
pandemic-related concerns), the United States Centers for Medicare
and Medicaid ("CMS") issued a mandate requiring all medical care
providers and their employees to be vaccinated. The CMS mandate
also outlined procedures for how covered healthcare providers were
to evaluate exemption requests--procedures that were far more
robust than the ones Inova implemented during the initial phases of
its vaccination policy. Inova was, therefore, required to update
its policy, meaning that previously granted exemption requests
needed to be re-evaluated.
In February 2022, Inova announced that any employee, who had
previously been granted an exemption from the vaccine policy,
needed to reapply so that their request could be evaluated in light
of the new policy. Inova admitted that it was "going back on its
word" but explained that it was obligated to do so under the CMS
mandate, which required exemption requests to be scrutinized more
closely.
After the implementation of the new policy, Plaintiffs Michael
Ellison, Arin Jenkins, and Andrea Graham all reapplied for
religious exemptions, asserting that various tenets of their
Christian faith prevented them from receiving the vaccine. Each of
the Plaintiffs' requests were denied.
Between March 2022 and December 2022, each of the Plaintiffs either
resigned or were terminated for failure to comply with the
hospital-wide vaccination policy. Each also filed their charges
with the Equal Employment Opportunity Commission (EEOC), and each
received a right-to-sue letter.
Then, in January 2023, the Plaintiffs filed a class-action
complaint, which was later amended on April 4, 2023. That operative
Complaint divides the claims between two proposed classes, the
"Religious Discrimination Class" and the "Permanent Exemption
Class."
The Religious Discrimination Class--represented by all
Plaintiffs--alleges that Inova violated both Title VII of the Civil
Rights Act of 1964 and the Virginia Human Rights Act ("VHRA") by,
among other things, firing employees or refusing to hire applicants
based on their religious exercise.
The Permanent Exemption Class--represented by Plaintiffs Ellison
and Jenkins--alleges that Inova created a binding contract when it
granted "permanent" exemptions to induce each class member to
continue working at Inova. In the alternative, the Permanent
Exemption Class argues that Inova's promise of permanent exemptions
is, nonetheless, enforceable because the promise created a
quasi-contract that blocks the hospital's attempt to change
course.
On Aug. 2, 2023, the Plaintiffs filed a motion for reconsideration
on a court order dated July 19, 2023, which granted in part and
denied in part the Defendants' motion to dismiss or, in the
alternative, motion to strike class claims.
On Aug. 3, 2023, the Plaintiffs filed a motion to amend/correct
their amended complaint and a motion for entry of judgment under
Rule 54(b).
On Sept. 14, 2023, Judge Michael S. Nachmanoff denied the
Plaintiffs' motion for reconsideration and motion for entry of
judgment under Rule 54(b) and granted their motion to amend/correct
amended complaint.
The appellate case is captioned Michael Ellison v. Inova Health
System Foundation, Case No. 23-263, in the United States Court of
Appeals for the Fourth Circuit, filed on October 2, 2023. [BN]
Plaintiffs-Petitioners MICHAEL ELLISON, et al., individually and on
behalf of all others similarly situated, are represented by:
Samuel Diehl, Esq.
Nicholas James Nelson, Esq.
CROSSCASTLE PLLC
333 Washington Avenue, North
Minneapolis, MN 55401
Telephone: (612) 429-8100
- and -
Charles B. Molster, III, Esq.
LAW OFFICES OF CHARLES B. MOLSTER, III, PLLC
815 Blacks Hill Road
Great Falls, VA 22066
Telephone: (703) 346-1505
Defendants-Respondents INOVA HEALTH SYSTEM FOUNDATION, et al. are
represented by:
Alexander Paul Berg, Esq.
Lauren Marie Bridenbaugh, Esq.
LITTLER MENDELSON PC
1800 Tysons Boulevard
Tysons Corner, VA 22102
Telephone: (703) 286-3138
(703) 286-3142
- and -
Nancy North Delogu, Esq.
LITTLER MENDELSON PC
815 Connecticut Avenue, NW
Washington, DC 20006
Telephone: (202) 842-3400
INSPIRIT DEVELOPMENT: Fails to Pay Subcontractors, GMF Claims
-------------------------------------------------------------
GMF 157 LP, on behalf of itself and on behalf of all others
similarly situated, Plaintiff v. INSPIRIT DEVELOPMENT AND
CONSTRUCTION, LLC, and ALEX R. CHIESI, Defendants, Case No.
654907/2023 (N.Y. Sup., Oct. 5, 2023) arises out of a series of
transactions and events that led, among other things, to GMF paying
Inspirit Development and Construction for work performed by various
IDC's subcontractors, IDC not paying those subcontractors with the
fund advanced by GMF and then GMF then having to pay those
subcontractors again.
According to the complaint, the monies paid by GMF to IDC were
trust funds, pursuant to the Lien Law of the State of New York, IDC
did not properly apply, and diverted, those trust funds, causing
GMF to have to make duplicate payments. IDC was required to keep
all such funds in trust for the benefit of those providing work,
labor, materials and services to a condominium project. It was
also required to keep records of such trust fund, pursuant to the
provisions of Article 3-A of the Lien Law of the State of New York.
However, beginning in late 2019, and then in early 2020, it became
apparent that IDC had not paid its subcontractors with the funds
paid to it by GMF. On April 21, 2021, GMF, as subrogee, demanded
that IDC produce a verified statement of the books and records of
the trust but IDC never produced such verified statement. In a
sworn testimony, IDC has admitted that it did not keep books and
records of the Trust, says the suit.
GMF 157 LP is a foreign limited partnership licensed to do business
in the state of New York. It owns a condominium unit located at 157
W57th Street, Unit 64AB, New York, NY. [BN]
The Plaintiff is represented by:
Alexander Ferrini, Esq.
OLSHAN FROME WOLOSKY LLP
1325 Avenue of the Americas
New York, NY 10019
Telephone: (212) 451-2300
INTEGRATED DESIGN: Faces Perez Wage-and-Hour Suit in D. Maryland
----------------------------------------------------------------
JUAN PEREZ, individually and on behalf of all others similarly
situated, Plaintiff v. INTEGRATED DESIGN BUILD, INC. f/k/a D&R
ELECTRIC, INC.; AARON ELECTIC, INC.; PRIORITY POWER, INC.; L.F.
JENNINGS, INC., and AARON L. PORTILLO, Defendants, Case No.
8:23-cv-02778-GLS (D. Md., October 13, 2023) is a class action
against the Defendants for failure to pay regular wages and
overtime wages in violation of the Fair Labor Standards Act of
1938, the Maryland Wage and Hour Law, the Maryland Wage Payment and
Collection Law, and the Maryland General Contractor Liability for
Unpaid Wages Act.
Mr. Perez was employed as an electrician by Defendant Aaron
Electric from approximately July 2022 through and including
approximately May 2023.
Integrated Design Build, Inc., formerly known as D&R Electric,
Inc., is a corporation headquartered at 4640 Wedgewood Blvd., Suite
108, Frederick, Maryland.
Aaron Electric, Inc. is an electrical contractor, headquartered at
5510 Cherrywood Lane, Suite D, Greenbelt, Maryland.
Priority Power, Inc. is an energy company, headquartered at 5510
Cherrywood Lane, Suite D, Greenbelt, Maryland.
L.F. Jennings, Inc. is a general contractor, headquartered at 407
N. Washington Street, Suite 200, Falls Church, Virginia. [BN]
The Plaintiff is represented by:
James E. Goodley, Esq.
Ryan P. McCarthy, Esq.
GOODLEY MCCARTHY LLC
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 394-0541
E-mail: james@gmlaborlaw.com
ryan@gmlaborlaw.com
INTERMOUNTAIN HEALTHCARE: Class Cert Bid Filing Due Feb. 9, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as JANE DOE, by LINDA SMITH,
as her Personal Representative, on Ms. Doe's own behalf and, for
certain claims, on behalf of all others similarly situated, v.
INTERMOUNTAIN HEALTHCARE, INC. and SELECTHEALTH, INC Case No.
2:18-cv-00807-RJS-JCB (D. Utah), the Plaintiff file a third
unopposed motion for amended scheduling order for class
certification discovery and briefing:
Completion of pre-certification fact Jan. 12,
2024
discovery: Oct. 13, 2013
Plaintiff's motion for class certification, Feb. 9, 2024
and service of the report for class-related
expert, if any: 30 days after completion of
pre-certification fact discovery or mediation,
whichever is later
Defendants' opposition to motion for class Apr. 12,
2024
certification, and service of the report for
class-related expert, if any: 65 days after
Plaintiff's motion for class certification
and service of class-related expert reports
Plaintiff's reply in support of motion for May 10, 2024
class certification, and (if Plaintiff does
not serve report with opening brief and
Defendants serve expert report with their
opposition) service of any rebuttal report
for class-related expert: 45 days after
Defendants' opposition and service of
class-related expert reports
Intermountain offers medical services that focus on cancer, heart,
women, newborns, orthopedics, sports medicine, diagnostics,
surgical and others.
A copy of the Plaintiffs' motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3FDVXE1 at no extra
charge.[CC]
The Plaintiff is represented by:
Andrew W. Stavros, Esq.
Austin B. Egan, Esq.
STAVROS LAW P.C.
8915 South 700 East, Suite 202
Sandy, UT 84070
Telephone: (801) 758-7604
Facsimile: (801) 893-3573
E-mail: andy@stavroslaw.com
austin@stavroslaw.com
- and -
Meiram Bendat, Esq.
PSYCH-APPEAL, INC.
7 West Figueroa Street, Suite 300
PMB 300059
Santa Barbara, CA 93101
Telephone: (310) 598-3690, x 101
Facsimile: (888) 975-1957
E-mail: mbendat@psych-appeal.com
- and -
D. Brian Hufford, Esq.
Jason S. Cowart, Esq.
Antoinette Pick-Jones, Esq.
Andrew N. Goldfarb, Esq.
ZUCKERMAN SPAEDER LLP
485 Madison Avenue, 10th Floor
New York, NY 10022
Telephone: (212) 704-9600
Facsimile: (212) 704-4256
E-mail: dbhufford@zuckerman.com
jcowart@zuckerman.com
apick-jones@zuckerman.com
agoldfarb@zuckerman.com
The Defendants are represented by:
Matthew Moscon, Esq.
Lauren A. Shurman, Esq.
MAYER BROWN LLP
The Clift Building
10 West Broadway, Suite 700
Salt Lake City, UT 84101
- and -
Richard J. Pearl, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606
INTERNATIONAL BUSINESS: Hanna Sues Over Unprotected Personal Info
-----------------------------------------------------------------
ANTHONY HANNA, individually and on behalf of all others similarly
situated, Plaintiff v. INTERNATIONAL BUSINESS MACHINES CORPORATION
and JOHNSON & JOHNSON HEALTHCARE SYSTEMS, INC., Defendants, Case
No. 7:23-cv-08755 (S.D.N.Y., Oct.5, 2023) arises from the
Defendants' failure to secure Plaintiff's personal information
stored on their computer networks.
The Plaintiff seeks to hold Defendants responsible for the injuries
Defendants inflicted on Plaintiff and numerous similarly situated
persons due to Defendants' impermissibly inadequate data security,
which caused the personal information of Plaintiff and those
similarly situated to be exfiltrated by unauthorized access by
cybercriminals on August 2, 2023. After the data breach, the
Defendants failed to provide timely notice to the affected
Plaintiff and Class Members -- thereby exacerbating their injuries.
In addition, the Defendants also failed to adequately describe the
data breach and its effects, says the suit.
Headquartered in Armonk, New York and founded in 1911, IBM is an
American multinational technology corporation headquartered present
in over 175 countries specializing in computer hardware,
middleware, and software, and providing hosting and consulting
services in areas ranging from mainframe computers to
nanotechnology. [BN]
The Plaintiff is represented by:
Jonathan M. Sedgh, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
350 Fifth Avenue, Suite 6705
New York, NY 10118
Telephone: (212) 738-6299
E-mail: JSedgh@forthepeople.com
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
E-mail: JYanchunis@forthepeople.com
ISS FACILITY: Garcia Labor Suit Seeks to Certify Employee Class
---------------------------------------------------------------
In the class action lawsuit captioned as CLAUDIA GARCIA, an
individually and on behalf of all others similarly situated, v. ISS
FACILITY SERVICES, INC., a Delaware corporation; ISS FACILITY
SERVICES CALIFORNIA, INC.; a Delaware corporation; BROADRIDGE
FINANCIAL SOLUTIONS, INC., a Delaware corporation; and DOES 1
through 50, inclusive, Case No. 3:19-cv-07807-RS (N.D. Cal.), the
Plaintiff asks the Court to enter an order certifying the following
class pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of
Civil Procedure:
"All current and former non-exempt employees of Defendants ISS
Facility Services, Inc. and/or ISS Facility Services California,
Inc. in California at any time during the period from October
24,
2015 through the date of the order granting class
certification."
Alternatively, Plaintiff seeks to certify the following subclasses:
1. First Meal Period Subclass (Missed Meal Period): All
non-exempt
employees of Defendants in California who did not record a
meal
period on at least one shift longer than five hours during
the
Class Period.
2. Second Meal Period Subclass (Short Meal Period): All
non-exempt
employees of Defendants in California who recorded a meal
period less than 30 minutes in length on at least one shift
longer than five hours during the Class Period.
3. Third Meal Period Subclass (Late Meal Period): All non-exempt
employees of Defendants in California who recorded a meal
period after the end of their fifth hour of work on at least
one shift longer than five hours during the Class Period.
4. Fourth Meal Period Subclass (Missed/Short/Late Second Meal
Period): All non-exempt employees of Defendants in California
who did not record a second 30-minute meal period that began
before the end of their tenth hour of work on at least one
shift
longer than ten hours during the Class Period.
5. Minimum Wage Automatic Deduction Subclass: All non-exempt
employees of Defendants in California who did not record a
meal
period on at least one shift greater than five hours and less
than or equal to eight hours during the Class Period and who
were not paid for all of the time recorded between their
clock-
in and clock-out punches.
6. Overtime Automatic Deduction Subclass: All non-exempt
employees
of Defendants in California who did not record a meal period
on
at least one shift longer than eight hours during the Class
Period and who were not paid for all of the time recorded
between their clock-in and clock-out punches.
7. On-Premises Rest Break Subclass: All non-exempt employees of
Defendants in California who worked at least one shift longer
than three and one-half hours during the Class Period.
8. Off-the-Clock Subclass: All non-exempt employees of
Defendants
in California who were required to pass through security
checks
and/or obtain worksite credentials prior to clocking in for
their shift and/or after clocking out from their shift during
the Class Period.
9. Reimbursement Subclass: All non-exempt employees of
Defendants
in California who used their cell phone for work-related
purposes without reimbursement during the Class Period.
A copy of the Court's order dated Oct. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/46L30Ge at no extra charge.[CC]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Matthew W. Gordon, Esq.
Max N. Sloves, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: mmatern@maternlawgroup.com
mgordon@maternlawgroup.com
msloves@maternlawgroup.com
JAGGED PEAK: $8.25MM Class Settlement to be Heard on Dec. 15
------------------------------------------------------------
DISTRICT COURT, DENVER COUNTY, COLORADO
Court Address:
1437 BANNOCK STREET, RM 256, DENVER, CO, 80202
Plaintiff(s) OKLAHOMA POLICE PENSION AND
RETIREMENT SYSTEM, Individually and on Behalf of All
Others Similarly Situated
v.
Defendant(s) JAGGED PEAK ENERGY INC., et al.
Case No.: 2017CV31757
Division: 209
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND
PROPOSED SETTLEMENT
To: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED
JAGGED PEAK ENERGY INC.'S COMMON STOCK IN OR TRACEABLE TO THE
COMPANY'S JANUARY 27, 2017 INITIAL PUBLIC OFFERING
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held on December 15,
2023, at 12:00 p.m. M.T., before the Honorable Sarah B. Wallace,
District Court, City and County of Denver in the State of Colorado,
1437 Bannock Street, Room 256, Denver, CO, 80202, to determine
whether: (i) the proposed Settlement of the above-captioned action
(the "Action"), as set forth in the Stipulation of Settlement (the
"Stipulation" or "Settlement"), for $8,250,000 in cash should be
approved as fair, reasonable, and adequate;1 (ii) the Judgment, as
provided under the Stipulation, should be entered; (iii) the Plan
of Allocation should be approved; (iv) to award Plaintiff's Counsel
attorneys' fees and expenses out of the Settlement Fund, and, if
so, in what amount; and (v) to award Plaintiff compensation for its
efforts prosecuting the Action on behalf of the Class and, if so,
in what amount. Any changes to the hearing date and time will be
published on www.JaggedPeakSecuritiesSettlement.com.
The Action is a securities class action brought on behalf of all
persons and entities who purchased or otherwise acquired Jagged
Peak Energy Inc.'s common stock in the Company's January 27, 2017
initial public offering ("IPO") against Jagged Peak Energy Inc.,
certain of its officers and directors, and underwriters of the IPO
for, among other things, allegedly making materially untrue and
misleading statements in the Registration Statement and Prospectus
filed with the U.S. Securities and Exchange Commission in
connection with the IPO. Plaintiff alleges that these purportedly
untrue and misleading statements inflated the price of the
Company's stock, resulting in damages to Settlement Class Members2
when the truth was revealed. Defendants deny all of Plaintiff's
allegations.
IF YOU PURCHASED OR ACQUIRED JAGGED PEAK ENERGY INC. COMMON STOCK
IN, OR TRACEABLE TO, THE JANUARY 27, 2017 IPO, YOUR RIGHTS MAY BE
AFFECTED BY THE SETTLEMENT OF THE ACTION.
To share in the distribution of the Settlement Fund, you must
establish your rights by submitting a Proof of Claim form ("Proof
of Claim") by mail (postmarked no later than December 12, 2023) or
electronically (no later than December 12, 2023). Your failure to
submit your Proof of Claim by December 12, 2023, will subject your
claim to rejection and preclude your receiving any of the recovery
in connection with the Settlement of the Action. If you are a
member of the Settlement Class and do not request exclusion
therefrom, you will be bound by the Settlement and the Judgment and
releases entered in the Action whether or not you submit a Proof of
Claim.
If you have not yet received the Notice, which more completely
describes the Settlement and your rights thereunder (including your
rights to object to the Settlement or exclude yourself from the
Settlement Class), and a Proof of Claim, you may obtain these
documents, as well as a copy of the Stipulation and other
settlement documents, online at
www.JaggedPeakSecuritiesSettlement.com, or by writing to:
Jagged Peak Securities Litigation Settlement
Claims Administrator
c/o A.B. Data Ltd.
P.O. Box 173136
Milwaukee, WI 53217
(877) 777-9635
Inquiries should NOT be directed to the Defendants, Court, or Clerk
of the Court. Inquiries, other than requests for the Notice or a
Proof of Claim, may be made to Plaintiff's Counsel:
SCOTT+SCOTT ATTORNEYS AT LAW LLP
Deborah Clark-Weintraub, Esq.
230 Park Avenue, 17th Floor
New York, NY 10169
www.scott-scott.com
(800) 404-7770
IF YOU DESIRE TO BE EXCLUDED FROM THE SETTLEMENT CLASS, YOU MUST
SUBMIT A WRITTEN REQUEST FOR EXCLUSION IN ACCORDANCE WITH THE
INSTRUCTIONS SET FORTH IN THE NOTICE SUCH THAT IT IS POSTMARKED NO
LATER THAN NOVEMBER 13, 2023. ALL MEMBERS OF THE SETTLEMENT CLASS
WHO HAVE NOT REQUESTED EXCLUSION FROM THE SETTLEMENT CLASS WILL BE
BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY PROOF
OF CLAIM.
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOU HAVE THE RIGHT TO
OBJECT TO THE SETTLEMENT, THE PROPOSED PLAN OF ALLOCATION, REQUEST
BY PLAINTIFF'S COUNSEL FOR AN AWARD OF ATTORNEYS' FEES AND
EXPENSES, AND REQUEST BY PLAINTIFF FOR COMPENSATION FOR ITS EFFORTS
PROSECUTING THE ACTION ON BEHALF OF THE SETTLEMENT CLASS. ANY
OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO PLAINTIFF'S
COUNSEL AND DEFENDANTS' COUNSEL BY NOVEMBER 13, 2023, IN THE MANNER
AND FORM EXPLAINED IN THE NOTICE.
Dated this 25th day of September 2023.
BY THE COURT:
SARAH B. WALLACE
District Court Judge
1 Unless otherwise defined herein, all capitalized terms shall
maintain the same meaning as those set forth in the Stipulation,
which can be viewed and/or obtained at
www.JaggedPeakSecuritiesSettlement.com.
2 For purposes of the Settlement, the "Settlement Class" includes
all persons and entities who purchased or otherwise acquired Jagged
Peak Energy Inc.'s common stock in, or traceable to, the Company's
January 27, 2017 IPO, unless excluded by terms of the Stipulation.
JENNIFER LEVINE: Erkan Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Jennifer Levine, MD,
PLLC. The case is styled as Nihal Erkan, on behalf of herself and
all others similarly situated v. Jennifer Levine, MD, PLLC, Case
No. 1:23-cv-07507 (E.D.N.Y., Oct. 6, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Dr. Jennifer Levine -- https://www.drjenniferlevine.com/ -- is
NYC's top plastic surgeon specializing in face and neck lift
procedures.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
JEUNESSE GLOBAL: Sun Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Peter Sun, an individual; Kimiko Sun, an
individual; and minor A.S by and through her representative Kimiko
Sun v. JEUNESSE GLOBAL, LLC dba JEUNESSE, LLC; KIM HUI, an
individual; LACORE ENTERPRISES, LLC, and DOES 1-10, Case No.
30-2023-01330851-CU-BT-CXC was removed from the Superior Court of
the County of Orange, to the U.S. District Court for the Central
District of California on Oct. 6, 2023, and assigned Case No.
6:23-cv-01946-RBD-DCI.
The complaint alleges that defendant Kim Hui, as a Jeunesse
distributor, "is estimated to be earning over $6 million a year
from Jeunesse." The Plaintiffs apparently seek disgorgement of
those funds.[BN]
The Defendant is represented by:
Victor J. Sandoval, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
1800 Century Park East, Suite 1500
Los Angeles, CA 90067
Phone: +1 310 203 4000
Facsimile: +1 310 229 1285
Email: victor.sandoval@faegredrinker.com
- and -
Jeffrey S. Jacobson, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
1177 Avenue of the Americas, 41st Floor
New York, NY 10036
Phone: +1 212 248 3140
Facsimile: +1 212 248 3141
Email: jeffrey.jacobson@faegredrinker.com
JEWELRY ARTISANS: Vazquez Seeks Conditional Class Certification
---------------------------------------------------------------
In the class action lawsuit captioned as VANESSA VAZQUEZ, v.
JEWELRY ARTISANS OF ORLANDO, INC. d/b/a Kissimmee Jewelers and
ALBERTO LOPEZ, Case No. 6:23-cv-00855-WWB-LHP (M.D. Fla.), the
Plaintiff asks the Court to enter an order conditionally certifying
this case as a representative action and permitting notification to
all similarly situated individuals of the pendency of this action,
and of their statutory right to opt-in to this action and to become
a party to such action:
"All current and former employees, who are, were or have worked
in
excess of 40 hours per week without being properly compensated
at
a rate of time and a half, should be provided notification of
the
pendency of this action and of their right to opt-into this
action
should they file a notice of consent with the clerk of this
court."
A copy of the Plaintiff's motion dated Oct. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/3Q0u11T at no extra
charge.[CC]
The Plaintiff is represented by:
Julisse Jimenez, Esq.
THE SAENZ LAW FIRM
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 482-1475
E-mail: julisse@legalopinionusa.com
The Defendants are represented by:
Barry S. Mittelberg, Esq.
BARRY S. MITTELBERG, P.A.
10100 W Sample Road, Suite 407
Coral Springs, FL 33065
Telephone: (954) 752-1213
E-mail: barry@mittelberglaw.com
KRAB QUEENZ: Fails to Properly Pay Restaurant Staff, Shairy Claims
------------------------------------------------------------------
FARAZ SHAIRY, individually and on behalf of all others similarly
situated, Plaintiff v. KRAB QUEENZ OF HARLEM LLC d/b/a KRAB QUEENZ,
and TONIQUE CLAY, Defendants, Case No. 1:23-cv-09034 (S.D.N.Y.,
October 13, 2023) is a class action against the Defendants for
violations of the Fair Labor Standards Act and the New York Labor
Law including failure to pay minimum wages, failure to pay overtime
wages, failure to pay all wages on a timely basis, failure to
furnish accurate wage statements, and failure to furnish accurate
wage notices.
The Plaintiff worked as a shift leader at the Defendants' Krab
Queenz restaurant from on or around February 14, 2022, until July
9, 2022.
Krab Queenz of Harlem LLC is the owner and operator of Krab Queenz
restaurant, located at 100 West 125th Street, New York, New York.
[BN]
The Plaintiff is represented by:
Tenzin Tashi, Esq.
Alexander T. Coleman, Esq.
Michael J. Borrelli, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 200
Garden City, NY 11530
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
LANCE SOARES: Fails to Pay Proper Wages, Acito Alleges
------------------------------------------------------
RONALD ACITO, individually and on behalf of all others similarly
situated, Plaintiff v. LANCE SOARES INCORPORATED. dba CLEAN SWEEP
ENVIRONMENTAL dba CLEAN SITE SERVICES; LANCE SOARES; and DOES 1
through 200, inclusive, Case No. 23STCV24858 (Cal. Super., Los
Angeles Cty., Oct. 11, 2023) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs under the Fair Labor Standards
Act.
Plaintiff Acito was employed by the Defendants as an operating
engineer.
LANCE SOARES INCORPORATED provides commercial snow plowing,
environmentally safe surface cleaning, asphalt sealcoating,
patching, and striping services. [BN]
The Plaintiff is represented by:
Richard E. Donahoo, Esq.
Sarah L. Kokonas, Esq.
William E. Donahoo, Esq.
DONAHOO & ASSOCIATES, PC
440 W. First Street, Suite 101
Tustin, CA 92780
Telephone (714) 953-1010
Facsimile (714) 953-1777
Email: rdonahoo@donahoo.com
skokonas@donahoo.com
wdonahoo@donahoo.com
LAROSA'S INC: Fails to Pay Proper Wages, Dicristoforo Alleges
-------------------------------------------------------------
LUKE C. DICRISTOFORO; and KARLIE LOGAN, individually and on behalf
of all others similarly situated, Plaintiffs v. LAROSA'S, INC., dba
LaRosa's Family Pizzeria, Defendant, Case No.: 1:23-cv-00656-DRC
(S.D. Ohio, Oct. 11, 2023) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs under the Fair Labor Standards
Act.
The Plaintiffs were employed by the Defendant as a server.
LAROSA'S, INC. operates a chain of restaurants. The Company offers
pizzas, meat, burgers, appetizers, salads and soups, sandwiches,
desserts, smoothies, and drinks. [BN]
The Plaintiff is represented by:
Robert E. DeRose, Esq.
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
Facsimile: (614) 744-2300
Email: bderose@barkanmeizlish.com
LIBERTY UNIVERSITY: Court Moots Students' Claims
-------------------------------------------------
In the class action lawsuit captioned as STUDENT A, STUDENT C, and
STUDENT D, individually and on behalf of others similarly situated,
v. LIBERTY UNIVERSITY, INC., d/b/a, LIBERTY UNIVERSITY, Case No.
6:20-cv-00023-NKM-RSB (W.D. Va.), the Hon. Judge Norman K. Moon has
determined that the named Plaintiffs have not suffered an
injury-in-fact and their claims have been mooted.
The Court has further concluded that the named Plaintiffs have not
satisfied the requirements for class certification under Rule 23(a)
or Rule 23(b)(3) or Rule 23(b)(2) or (c)(4) for that matter.
Accordingly, in an accompanying Order, to follow, the Court will
deny the named Plaintiffs' motion for class certification and
dismiss the Amended Complaint.
The Clerk of Court is directed to send this Memorandum Opinion to
all counsel of record.
Because the Court concludes that the named Plaintiffs have not
demonstrated commonality, typicality, predominance, or superiority,
the Court must deny their motion for class certification.
In this putative class action, several students at Liberty
University seek a refund for various fees and room and board they
paid for the Spring 2020 semester. They assert that Liberty did not
provide the activities and services that they paid for with those
fees, when, they contend, Liberty effectively closed its campus
that semester in response to the COVID-19 pandemic.
This matter is before the Court on Plaintiffs' motion to certify a
class. For the following reasons, the Court holds that even if the
named Plaintiffs previously had standing to sue, their claims have
since been mooted. Liberty's voluntary payments and monetary
credits to the named Plaintiffs for COVID-19 relief more than
compensated them for any liability Liberty owed them from the
prorated fees.
Plaintiffs' class certification motion also fails on the merits.
Highly individualized, intertwined questions of liability and
damages predominate. Specifically, it is an open question which, if
any, portion of the over six hundred different fees actually went
"unused" by each of approximately 14,000 Liberty students who were
enrolled in any of its seventeen colleges in undergraduate and
graduate studies.
The three named Plaintiffs -- all undergraduate students -- have
not demonstrated commonality or that their claims were typical of
the class they seek to represent. Neither have they shown that
common questions predominate in a class proceeding, nor that a
class action is the superior method to resolve such claims.
Accordingly, Plaintiffs' motion is denied, and the case will be
dismissed.
Liberty University is an evangelical Christian liberal arts
institution in Lynchburg, Virginia, which is comprised of seventeen
colleges and schools.1
A copy of the Court's order dated Oct. 10, 2023 is available from
PacerMonitor.com at https://bit.ly/3S0LdXt at no extra charge.[CC]
LISI LLC: Case Must Be Dismissed if Becker Fails to Act, Court Says
-------------------------------------------------------------------
In the class action lawsuit captioned as Becker v. LISI, LLC et
al., Case No. 4:21-cv-03295 (N.D. Cal., Filed May 4, 2021), the
Hon. Judge Jon S. Tigar entered an order that if the Plaintiff does
not file either a revised motion for preliminary approval, a motion
for class certification, or notice of intent to proceed with his
claims on an individual basis by October 27, 2023, the Court will
dismiss this case for failure to prosecute pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure.
On May 25, 2023, the Court entered an order denying Plaintiff's
motion for preliminary approval of class settlement and ordered
that Plaintiff "may submit a revised motion for preliminary
approval within 90 days of this order."
The Plaintiff has taken no action in the case since the Court's
order, and the 90 days elapsed on August 23, 2023.
The Plaintiff is reminded that such an order would operate as an
adjudication on the merits. Fed. R. Civ. P. 41(b).
The nature of suit states Other Statutory Actions.[CC]
LL FLOORING: Settles Employees' Labor Suit in NY Court
------------------------------------------------------
LL Flooring Holdings, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 2, 2023, that in the second quarter
of 2022, the company paid $7.1 million in settlement of a purported
collective and class action lawsuit in the United States District
Court for the Eastern District of New York on behalf of all current
and former store managers, store managers in training, and
similarly situated current and former employees alleging that the
company violated the Fair Labor Standards Act and New York Labor
Law by classifying the employees as exempt. The alleged violations
include failure to pay for overtime work.
LL Flooring Holdings, Inc., formerly Lumber Liquidators Holdings,
Inc., and its direct and indirect subsidiaries engage in business
as a multi-channel specialty retailer of hard-surface flooring, and
hard-surface flooring enhancements and accessories. It offers an
extensive assortment of hard-surface flooring including waterproof
hybrid resilient, waterproof vinyl plank, solid and engineered
hardwood, laminate, bamboo, tile, and cork, with a wide range of
flooring enhancements and accessories to complement. It also
provides in-home delivery and installation services to its
customers.
LUCIO BATTISTI: Tarr Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Lucio Battisti, Inc.
The case is styled as Ellen Elizabeth Tarr, on behalf of herself
and all others similarly situated v. Lucio Battisti, Inc., Case No.
1:23-cv-08795 (S.D.N.Y., Oct. 6, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lucio Battisti, Inc. -- https://battistijewelers.com/ -- offers
timeless jewelry including custom made bridal and fine
jewelry.[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
MANHATTAN CRYOBANK: Plaintiffs Must File Notice & Discovery Updates
-------------------------------------------------------------------
In the class action lawsuit captioned as ANDREA FRANKIEWICZ and
RUTH PEREZ, v. MANHATTAN CRYOBANK, INC. and CNTP MCB INC., Case No.
1:20-cv-05157-JLR-JW (S.D.N.Y.), the Hon. Judge Jennifer E. Willis
entered an order directing the Plaintiffs to file an update on
discovery and Rule 23(c)(2) notice, including an estimate for how
long Plaintiffs need to complete such Rule 23(c)(2) notice by Nov.
13, 2023.
In a prior order, the Court directed the Plaintiffs to file a
motion for default judgment (if the motion for class certification
was granted) within 21 days after Rule 23(c)(2) notice was
complete.
On September 6, 2023, the motion for class certification was
granted. In that order, the Court also granted a request for
further discovery on class members.
Manhattan CryoBank is a tissue bank with a range of capillary
donors who have undergone thorough screening.
A copy of the Court's order dated Oct. 10, 2023 is available from
PacerMonitor.com at https://bit.ly/3tt1ieu at no extra charge.[CC]
MARISA HASKELL: Tarr Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Marisa Haskell, Inc.
The case is styled as Ellen Elizabeth Tarr, on behalf of herself
and all others similarly situated v. Marisa Haskell, Inc., Case No.
1:23-cv-08804 (S.D.N.Y., Oct. 6, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Marisa Haskell and is located at 1230 Mission Cyn Place, Santa
Barbara, California.[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
MASSACHUSETTS INTERSCHOLASTIC: BFHSI Files Suit in Mass. Super. Ct
------------------------------------------------------------------
A class action lawsuit has been filed against Massachusetts
Interscholastic Athletic Association. The case is styled as Bishop
Fenwick High School, Inc., Bishop Fenwick High School, Inc. as
Intervenor on behalf of John Doe and Other Persons Similarly
Situated's EMERGENCY Motion for a Preliminary Injunction v.
Massachusetts Interscholastic Athletic Association, Inc., Case No.
2377CV00946 (Mass. Super. Ct., Essex Cty., Oct. 6, 2023).
The case type is stated as "Administrative Civil Actions."
The Massachusetts Interscholastic Athletic Association (MIAA) --
https://miaa.net/ -- is an organization that sponsors activities in
thirty-three sports, comprising 374 public and private high schools
in the U.S. state of Massachusetts.[BN]
The Plaintiffs are represented by:
Leo Stephen Fama, II, Esq.
161 South Main St Unit 105
Middleton, MA 01949
MCADOO'S SEAFOOD: Seeks Oct. 27 Extension to File Response
-----------------------------------------------------------
In the class action lawsuit captioned as Alexis Brixey,
individually and on behalf of all others similar situated, v.
McAdoo's Seafood Company, LLC d/b/a McAdoo's Seafood Co. & Oyster
Bar; and Wiggins Hospitality Group, LLC d/b/a La Cosecha Mexican
Table, Case No. 5:23-cv-00232-DAE (W.D. Tex.) the Defendants ask
the Court to enter an order extending time to file their response
to the Plaintiffs' Motion for Court-Authorized Notice from the
present deadline of October 13, 2023 to Friday October 27, 2023 --
a 14-day extension of the current deadline.
-- The Defendants conferred with Mr. Drew Herrmann, Plaintiffs'
counsel, and he indicated he was not opposed to the relief
sought
in this motion.
-- The Plaintiff Alexis Brixey filed this FLSA collective action
on
February 24, 2023, and her Motion for Court-Authorized Notice
with accompanying evidence and on September 29, 2023.
-- The deadline for Defendants to file their response to
Plaintiffs'
Motion for CourtAuthorized Notice is Friday, October 13, 2023.
A copy of the Defendants' motion dated Oct. 11, 2023 is available
from PacerMonitor.com at https://bit.ly/3rU12Vh at no extra
charge.[CC]
The Plaintiff is represented by:
Drew N. Herrmann, Esq.
Pamela G. Herrmann, Esq.
HERRMANN LAW, PLLC
801 Cherry St., Suite 2365
Fort Worth, TX 76102
Telephone: (817) 479-9229
Facsimile: (817) 840-5102
E-mail: drew@herrmannlaw.com
pamela@herrmannlaw.com
The Defendant is represented by:
Laura Merritt, Esq.
Taylor J. Graham, Esq.
BOULETTE GOLDEN & MARIN L.L.P.
2700 Via Fortuna, Suite 250
Austin, TX 78746
Telephone: (512) 732-8900
Facsimile: (512) 551-9602
E-mail: laura@boulettegolden.com
taylor@boulettegolden.com
META MATERIALS: Consolidated Shareholder Suit Ongoing in E.D. N.Y.
------------------------------------------------------------------
Meta Materials Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission in August 9, 2023, that it is facing a consolidated law
suit in the United States District Court for the Eastern District
of New York.
On January 3, 2022, a putative securities class action lawsuit was
filed in said court captioned "Maltagliati v. Meta Materials Inc.,
et al.," No. 1:21-cv-07203, against the company, its Chief
Executive Officer, its Chief Financial Officer, the former Chairman
of the Board of Directors of Torchlight Energy Resources, Inc. and
Torchlight's former Chief Executive Officer.
The complaint, purportedly brought on behalf of all purchasers of
our publicly traded securities from September 21, 2020 through and
including December 14, 2021, assert claims under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, or the Exchange Act,
arising primarily from a short-seller report and statements related
to Meta Materials' merger with Torchlight.
The complaints seek unspecified compensatory damages and reasonable
costs and expenses, including attorneys' fees.
On July 15, 2022, the court consolidated this under the caption "In
re Meta Materials Inc. Securities Litigation," No. 1:21-cv-07203,
appointed lead plaintiffs and approved the lead plaintiffs’
selection of lead counsel. Lead plaintiffs filed a consolidated
complaint on August 29, 2022. The company moved to dismiss that
complaint on October 13, 2022. The motion was fully briefed on
January 12, 2023. The Court held a hearing on the motion to dismiss
on February 27, 2023 and took the motion under submission.
Meta Materials Inc. is into advanced materials and nanotechnology
with potential customers across consumer electronics, 5G
communications, healthcare, aerospace, automotive and clean energy
with over 500 active patent documents, of which over 300 patents
have been issued.
META PLATFORMS: Files Interim Administrative Bid to Seal Opposition
-------------------------------------------------------------------
In the class action lawsuit captioned as MAXIMILIAN KLEIN, et al.,
on behalf of themselves and all others similarly situated, v. META
PLATFORMS, INC., a Delaware Corporation, Case No. 3:20-cv-08570-JD
(N.D. Cal.), Meta files interim administrative motion to seal.
Pursuant to the Court's September 20, 2023, Order granting the
parties' stipulation to modify sealing procedures for class
certification and related Daubert briefing, Meta requests that the
Court seal the attached Opposition to Users' Motion for Class
Certification and accompanying exhibits.
In accordance with the Court's Order, the reasons for sealing will
be discussed in a forthcoming omnibus sealing motion to be filed on
November 21, 2023. Meta anticipates additional review of the
materials to ensure that any requests for sealing are appropriately
tailored.
Meta is a provider of social networking, advertising, and business
insight solutions.
A copy of Defendant's motion dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/48SJ6eq at no extra charge.[CC]
The Defendant is represented by:
Sonal N. Mehta, Esq.
David Z. Gringer, Esq.
Ross E. Firsenbaum, Esq.
Ryan Chabot, Esq.
Paul Vanderslice, Esq.
Ari holtzblatt, Esq.
Molly m. Jennings, Esq.
Michaela p. Sewall, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
2600 El Camino Real, Suite 400
Palo Alto, CA 94306
Telephone: (650) 858-6000
E-mail: Sonal.Mehta@wilmerhale.com
David.Gringer@wilmerhale.com
Ross.Firsenbaum@wilmerhale.com
Ryan.Chabot@wilmerhale.com
Paul.Vanderslice@wilmerhale.com
Ari.Holtzblatt@wilmerhale.com
Molly.Jennings@wilmerhale.com
Michaela.Sewall@wilmerhale.com
MONDELEZ INT'L: Filing for Class Cert. Bid Due May 24, 2024
-----------------------------------------------------------
In the class action lawsuit captioned as AVI KLAMMER, v. MONDELEZ
INTERNATIONAL, INC., Case No. 4:22-cv-02046-JSW (N.D. Cal.), the
Hon. Judge Jeffrey S. White entered a case management order as
follows:
1. Deadline to exchange initial Oct. 27, 2023
Rule 26(a) disclosures:
2. Deadline to amend pleadings: Jan. 11, 2024
3. Deadline for Plaintiff to May 24, 2024
file class certification
motion:
4. Deadline for Defendant to Aug. 2, 2024
oppose class certification
motion:
Mondelez is an American multinational confectionery, food, holding,
beverage and snack food company.
A copy of the Court's order dated Oct. 10, 2023 is available from
PacerMonitor.com at https://bit.ly/46rhyv6 at no extra charge.[CC]
MOVE INC: Faucett Suit Seeks to Certify Classes & Subclasses
------------------------------------------------------------
In the class action lawsuit captioned as PRIESTLEY FAUCETT,
individually and on behalf of all others similarly situated, v.
MOVE, INC. d/b/a REALTOR.COM, Case No. 2:22-cv-04948-ODW-AS (C.D.
Cal.), the Hon. Judge entered an order the Plaintiff asks the Court
to enter an order:
(1) Certifying the Classes and/or the alternative Subclass under
Rules 23(a), 23(b)(2), and 23(b)(3);
(2) Appointing Plaintiff as Representative of the Classes;
(3) Appoint Edelsberg P.A., Shamis & Gentile, P.A., and Tycko &
Zavareei LLP as Class Counsel;
(4) Directing the Parties to jointly submit a proposed Notice
Plan
within 60 days of the Court's Order granting this Motion;
and
(5) Providing all other and further relief the Court deems
equitable and just.
The Plaintiff seeks certification of the following Class under Rule
23(a), (b)(2), and (b)(3):
- No Consent Class
"All persons within the United States who,
(1) between September 12, 2018, and an Order granting class
certification,
(2) received a call or voicemail using an artificial or
prerecorded voice,
(3) from Defendant or anyone on Defendant's behalf,
(4) to said person’s cellular telephone number,
(5) without emergency purpose, and (5) without the recipient's
prior express written consent."
The Plaintiff also seeks certification of the following Subclasses
under Rule 23(a), (b)(2), and (b)(3):
- Internal Do Not Call Subclass
"All persons within the United States who, (1) between
September
12, 2018, and an Order granting class certification, (2) were
sent two or more calls or voicemail in any 12-month period (3)
from Defendant or anyone on Defendant's behalf, (4) to said
person’s cellular telephone number (5) after making a
request to
Defendant to not receive future calls."
- National Do Not Call Registry Subclass
"All persons in the United States who, between September 12,
2018, and an Order granting class certification,
(1) were sent a call or voicemail by or on behalf of
Defendant;
(2) two or more times within any 12-month period;
(3) where the person's telephone number had been listed on the
National Do Not Call Registry for at least thirty days;
(4) for the purpose of encouraging the purchase or rental of,
or
investment in, property, goods, or services.
If the Court finds that the No Consent Class should be limited to
phone numbers Defendant obtained from the same lead generation
companies from which Defendant obtained Plaintiff's number, the
Plaintiff, in the alternative, seeks certification of the following
Subclass under Rule 23(a), (b)(2), and (b)(3):
- No Consent Subclass
"All persons within the United States who,
(1) between September 12, 2018, and an Order granting class
certification,
(2) received a call or voicemail using an artificial or
prerecorded voice,
(3) from Defendant or anyone on Defendant's behalf,
(4) to said person's cellular telephone number,
(5) without emergency purpose, and
(6) without the recipient's prior express written consent,
(7) where Defendant obtained such person’s telephone number
from
REI Network, Realty Store, or Yardi.
Move is a telemarketer owned by News Corp. that solicits real state
through calls.
A copy of the Plaintiff's motion dated Oct. 10, 2023 is available
from PacerMonitor.com at https://bit.ly/3RWwBbK at no extra
charge.[CC]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
Chris Gold, Esq.
EDELSBERG LAW, P.A.
1925 Century Park E 1700
Los Angeles, CA 90067
Telephone: 305-975-3320
E-mail: scott@edelsberglaw.com
chris@edelsberglaw.com
- and -
Andrew Shamis, Esq.
Garrett Berg, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Sabita J. Soneji, Esq.
Hassan A. Zavareei, Esq.
Gemma Seidita, Esq.
TYCKO & ZAVAREEI LLP
1970 Broadway, Suite 1070
Oakland, CA 94612
Telephone: (510) 254-6808
Facsimile: (202) 073-0950
E-mail: ssoneji@tzlegal.com
hzavareei@tzlegal.com
MYRIAD GENETICS: $20MM Class Settlement to be Heard on Dec. 8
-------------------------------------------------------------
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
IN RE MYRIAD GENETICS, INC.
SECURITIES LITIGATION
Case No. 2:19-cv-00707-JNP-DBP
District Judge Jill N. Parrish
SUMMARY NOTICE OF (I) PROPOSED SETTLEMENT AND PLAN OF
ALLOCATION; (II) SETTLEMENT HEARING; AND (III) MOTION FOR
ATTORNEYS' FEES AND LITIGATION EXPENSES
To: All persons who purchased or acquired Myriad Genetics, Inc.
("Myriad") common stock from August 9, 2017 until February 6, 2020,
inclusive (the "Class Period"), and were damaged thereby (the
"Class").1
PLEASE READ THIS NOTICE CAREFULLY; YOUR RIGHTS WILL BE AFFECTED BY
THE SETTLEMENT OF A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the District of Utah (the "Court"), that Lead Plaintiff Los
Angeles Fire and Police Pensions ("Lead Plaintiff" or "Los
Angeles"), on behalf of itself and the Court-certified Class in the
above-captioned securities class action (the "Action"), and
Defendants Myriad, Mark C. Capone, Bryan Riggsbee, and Bryan M.
Dechairo (collectively, "Defendants") have reached a proposed
settlement of the Action for $77,500,000 in total settlement value,
with at least $20,000,000 paid in cash and the remainder paid in
either additional cash or shares of freely-tradeable Myriad common
stock (the "Settlement"). If approved, the Settlement will resolve
all claims in the Action.
A hearing will be held on December 8, 2023, at 2:00 p.m. MST,
before the Honorable Jill N. Parrish, by video conference, for the
following purposes: (a) to determine whether the proposed
Settlement on the terms and conditions provided for in the
Stipulation and Agreement of Settlement dated August 3, 2023 (the
"Stipulation") is fair, reasonable, and adequate to the Class, and
should be finally approved by the Court; (b) to determine whether a
Judgment, substantially in the form attached as Exhibit B to the
Stipulation, should be entered dismissing the Action with prejudice
against Defendants and granting the Releases specified and
described in the Stipulation (and in the Settlement Notice); (c) to
determine whether the terms and conditions of the issuance of the
Settlement Shares, which shares are to be issued pursuant to the
exemption from registration requirements under Section 3(a)(10) of
the Securities Act of 1933, are fair to all persons and entities to
whom the shares will be issued; (d) to determine whether the
proposed Plan of Allocation for the proceeds of the Settlement is
fair and reasonable and should be approved; (e) to determine
whether the motion by Lead Counsel for an award of attorneys' fees
and Litigation Expenses should be approved; and (f) to consider any
other matters that may properly be brought before the Court in
connection with the Settlement.
If you are a member of the Class, your rights will be affected by
the Settlement, and you may be entitled to share in the Net
Settlement Fund. If you have not yet received the full printed
Notice of (I) Proposed Settlement and Plan of Allocation; (II)
Settlement Hearing; and (III) Motion for Attorneys' Fees and
Litigation Expenses (the "Settlement Notice") and the Proof of
Claim and Release Form (the "Claim Form"), you may obtain copies of
these documents by contacting the Claims Administrator by mail at
Myriad Genetics Securities Litigation, c/o A.B. Data, Ltd., P.O.
Box 170500, Milwaukee, WI 53217; by telephone at 877-331-0728; or
by email at info@MyriadGeneticsSecuritiesLitigation.com. Copies of
the Settlement Notice and Claim Form can also be downloaded from
the website for the Action,
www.MyriadGeneticsSecuritiesLitigation.com.
If you are a Class Member, in order to be eligible to receive a
payment under the proposed Settlement, you must submit a Claim Form
postmarked (if mailed), or submitted online through the case
website, www.MyriadGeneticsSecuritiesLitigation.com, no later than
January 16, 2024. If you are a Class Member and do not submit a
proper Claim Form, you will not be eligible to share in the
distribution of the net proceeds of the Settlement, but you will
nevertheless be bound by any judgments or orders entered by the
Court in the Action.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, and/or Lead Counsel's application for attorneys' fees
and expenses, must be filed with the Court and delivered to Lead
Counsel and Representative Defendants' Counsel such that they are
received no later than November 17, 2023, in accordance with the
instructions set forth in the Settlement Notice.
Please do not contact the Court, the Clerk's office, Myriad, any
other Defendants in the Action, or their counsel regarding this
notice. All questions about this notice, the proposed Settlement,
or your eligibility to participate in the Settlement should be
directed to the Claims Administrator or Lead Counsel.
Requests for the Settlement Notice and Claim Form should be made
to:
Myriad Genetics Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 170500
Milwaukee, WI 53217
877-331-0728
info@MyriadGeneticsSecuritiesLitigation.com
www.MyriadGeneticsSecuritiesLitigation.com
Inquiries, other than requests for the Settlement Notice and Claim
Form, may be made to Lead Counsel:
Abe Alexander
Bernstein Litowitz Berger & Grossmann LLP
1251 Avenue of the Americas
New York, NY 10020
1-800-380-8496
settlements@blbglaw.com
BY ORDER OF THE COURT
United States District Court
District of Utah
1 Certain persons and entities are excluded from the Class by
definition and others are excluded pursuant to request. The full
definition of the Class including a complete description of who is
excluded from the Class is set forth in the full Settlement Notice
referred to below.
NATIONWIDE MUTUAL: Wins Summary Judgment Bid vs MSP Recovery
------------------------------------------------------------
In the class action lawsuit captioned as MSP Recovery Claims,
Series LLC, et al., V. Nationwide Mutual Insurance Company, et al.,
Case No. 2:21-cv-01901-MHW-CMV (S.D. Ohio), the Hon. Judge Michael
H. Watson, entered an order:
-- Granting the Defendant's motion to take judicial notice,
-- Overruling as moot the objection to the Magistrate Judge's
order,
and
-- Granting the Defendant's motion for summary judgment.
Nationwide Mutual is an American insurance and financial services
company.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/46TWdKo at no extra charge.[CC]
NEW MILLENNIUM: Seeks to Strike Nationwide Class Claims in Farrell
------------------------------------------------------------------
In the class action lawsuit captioned as TARA FARRELL, HENLY
VELARDE, and DOUGLAS WELLS, individually and on behalf of all
others similarly situated, v. NEW MILLENNIUM CONCEPTS, LTD. (NMCL),
Case No. 3:22-cv-00728-M (N.D. Tex.), the Defendant filed a motion
to strike Nationwide class allegations and brief in support:
NMCL files this motion pursuant to Federal Rule of Civil Procedure
23, requesting an order striking the nationwide class allegations
asserted by Tara Farrell, Henly Velarde, and Douglas Wells. On its
face, this is a narrow dispute. The three named plaintiffs are
suing over alleged misrepresentations related to one purchase each
of two NMCL products (two plaintiffs purchased the same water
filter system and the third purchased filters).
In a naked attempt to augment the force of their claims, Plaintiffs
seek to blow this simple dispute into a nationwide class action
reaching all 50 states and the District of Columbia. But Plaintiffs
cannot escape two independent, fundamental problems inherent in
their own pleadings.
First, Plaintiffs lack standing to represent a nationwide class.
Plaintiffs admit that everything relevant to their
claims—including their residence, purchases, and alleged harms --
took place in California. Yet they purport to stand in the shoes of
consumers throughout the country whose residences, purchases, and
alleged harms all occurred outside of California.
The Plaintiffs seek certification of two classes:
(1) a nationwide class of consumers throughout the United States
who purchased the targeted NMCL products (the "Nationwide
Class"), and
(2) a sub-class of California-resident purchasers.
The Plaintiffs assert three causes of action on behalf of
themselves and the Nationwide Class—breach of express warranty,
breach of the implied warranty of merchantability, and unjust
enrichment.
The California sub-class asserts three additional California
statutory claims that are not at issue in this motion.
NMCL is a family-owned business that manufactures gravity-fed water
filter systems with proprietary, contaminant-reducing technology.
A copy of the Defendant's motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3S4nXI6 at no extra
charge.[CC]
The Defendant is represented by:
Ronald W. Breaux, Esq.
Benjamin G. Goodman, Esq.
Benjamin B. Breckler, Esq.
HAYNES AND BOONE, LLP
2801 N. Harwood St., Suite 2300
Dallas, TX 75201
Telephone: (214) 651-5000
Facsimile: (214) 651-6940
E-mail: ron.breaux@haynesboone.com
benjamin.goodman@haynesboone.com
benjamin.breckler@haynesboone.com
- and -
Warren V Norred, Esq.
NORRED LAW PLLC
515 E Border Street
Arlington, TX 76010
Telephone: (817) 704-3984
Facsimile: (817) 524-6686
E-mail: warren@norredlaw.com
NEW YORK, NY: Azor-El Suit Seeks Certification of Inmate Class
--------------------------------------------------------------
In the class action lawsuit captioned as JEAN AZOR-EL, ANTHONY
MEDINA, RAMON GOMEZ, RONNIE COLE, DAKWAN FENNELL, JAMES CARTER,
MAURICE BARNAR, LANCE KELLY, and WILLIAM CLANTON, individually and
on behalf of all others similarly-situated, v. CITY OF NEW YORK,
CYNTHIA BRANN, VINCENT SCHIRALDI, LOUIS MOLINA, HAZEL JENNINGS,
KISA SMALLS, and WARDENS OF DOC DETENTION FACILITIES, Case No.
20-cv-3650 (S.D.N.Y.), Azor-El asks the Court to enter an order
certifying class action treatment.
The Plaintiffs seek certification of the following class or
classes, or such other class(es) as the Court deems appropriate.
(a) A general conditions-of-confinement class, consisting of
"All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023," which would embrace all inmates, including
those
whose infection status is not knowable but who were exposed
to
unlawful conditions.
(b) A COVID-infection class/subclass, consisting of: "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who either (a) were in custody as of March 1,
2020, and remained in custody at the time they contracted
COVID-19 as shown in either a positive COVID test or a
retrospective COVID antibody test, or (b) were in custody
for
at least 14 days, and remained in custody at the time they
contracted COVID-19, as shown in either a positive COVID
test
or a retrospective COVID antibody test." This may include
further subclasses depending on the level of injury, such as
Long COVID or death.
(c) A medically-vulnerable class/subclass, consisting of "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who meet one or more of the following
criteria:
(i) were age 50 or over, or (ii) whom the DOC housed in
North
Infirmary Command, Elmhurst Hospital Prison Ward, or
Bellevue
Hospital Prison Ward, or (iii) whom DOC otherwise classified
as
medically-vulnerable.”
Further, the Plaintiffs move the Court to appoint them as class
representatives, to appoint Keenan & Bhatia, LLC, and Sonal Bhatia
and E.E. Keenan, as class counsel, to direct notice to the
class(es), and for such other relief as is just and warranted.
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean. At its core is Manhattan, a densely populated
borough that’s among the world's major commercial, financial and
cultural centers.
A copy of the Defendant's motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/48XECDm at no extra
charge.[CC]
The Plaintiffs are represented by:
Edward (E.E.) Keenan, Esq.
Sonal Bhatia, Esq.
KEENAN & BHATIA, LLC
90 Broad Street, Suite 200
New York, NY 10004
Telephone: (917) 975-5278
E-mail: ee@keenanfirm.com
sonal@keenanfirm.com
NEW YORK, NY: Barnar Seeks to Certify Class of Inmates
------------------------------------------------------
In the class action lawsuit captioned as Barnar v. New York City
Department of Corrections, et al., Case No. 1:20-cv-03978,
(S.D.N.Y.), Fennell asks the Court to enter an order certifying
class action treatment.
The Plaintiffs seek certification of the following class or
classes, or such other class(es) as the Court deems appropriate.
(a) A general conditions-of-confinement class, consisting of
"All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023," which would embrace all inmates, including
those
whose infection status is not knowable but who were exposed
to
unlawful conditions.
(b) A COVID-infection class/subclass, consisting of: "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who either (a) were in custody as of March 1,
2020, and remained in custody at the time they contracted
COVID-19 as shown in either a positive COVID test or a
retrospective COVID antibody test, or (b) were in custody
for
at least 14 days, and remained in custody at the time they
contracted COVID-19, as shown in either a positive COVID
test
or a retrospective COVID antibody test." This may include
further subclasses depending on the level of injury, such as
Long COVID or death.
(c) A medically-vulnerable class/subclass, consisting of "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who meet one or more of the following
criteria:
(i) were age 50 or over, or (ii) whom the DOC housed in
North
Infirmary Command, Elmhurst Hospital Prison Ward, or
Bellevue
Hospital Prison Ward, or (iii) whom DOC otherwise classified
as
medically-vulnerable.”
Further, the Plaintiffs move the Court to appoint them as class
representatives, to appoint Keenan & Bhatia, LLC, and Sonal Bhatia
and E.E. Keenan, as class counsel, to direct notice to the
class(es), and for such other relief as is just and warranted.
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean. At its core is Manhattan, a densely populated
borough that's among the world's major commercial, financial and
cultural centers.
A copy of the Plaintiffs' motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3tG6s6I at no extra
charge.[CC]
The Plaintiffs are represented by:
Edward (E.E.) Keenan, Esq.
Sonal Bhatia, Esq.
KEENAN & BHATIA, LLC
90 Broad Street, Suite 200
New York, NY 10004
Telephone: (917) 975-5278
E-mail: ee@keenanfirm.com
sonal@keenanfirm.com
NEW YORK, NY: Cole Seeks to Certify Class of Inmates
----------------------------------------------------
In the class action lawsuit captioned as Cole v. New York City
Department of Corrections et al., Case No. 1:20-cv-03981
(S.D.N.Y.), Azor-El asks the Court to enter an order certifying
class action treatment.
The Plaintiffs seek certification of the following class or
classes, or such other class(es) as the Court deems appropriate.
(a) A general conditions-of-confinement class, consisting of
"All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023," which would embrace all inmates, including
those
whose infection status is not knowable but who were exposed
to
unlawful conditions.
(b) A COVID-infection class/subclass, consisting of: "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who either (a) were in custody as of March 1,
2020, and remained in custody at the time they contracted
COVID-19 as shown in either a positive COVID test or a
retrospective COVID antibody test, or (b) were in custody
for
at least 14 days, and remained in custody at the time they
contracted COVID-19, as shown in either a positive COVID
test
or a retrospective COVID antibody test." This may include
further subclasses depending on the level of injury, such as
Long COVID or death.
(c) A medically-vulnerable class/subclass, consisting of "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who meet one or more of the following
criteria:
(i) were age 50 or over, or (ii) whom the DOC housed in
North
Infirmary Command, Elmhurst Hospital Prison Ward, or
Bellevue
Hospital Prison Ward, or (iii) whom DOC otherwise classified
as
medically-vulnerable.”
Further, the Plaintiffs move the Court to appoint them as class
representatives, to appoint Keenan & Bhatia, LLC, and Sonal Bhatia
and E.E. Keenan, as class counsel, to direct notice to the
class(es), and for such other relief as is just and warranted.
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean. At its core is Manhattan, a densely populated
borough that's among the world's major commercial, financial and
cultural centers.
A copy of the Plaintiff's motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3Q22pJF at no extra
charge.[CC]
The Plaintiffs are represented by:
Edward (E.E.) Keenan, Esq.
Sonal Bhatia, Esq.
KEENAN & BHATIA, LLC
90 Broad Street, Suite 200
New York, NY 10004
Telephone: (917) 975-5278
E-mail: ee@keenanfirm.com
sonal@keenanfirm.com
NEW YORK, NY: Fennell Seeks to Certify Class of Inmates
-------------------------------------------------------
In the class action lawsuit captioned as Fennell v. New York City
Department of Corrections et al., Case No. 1:20-cv-03982
(S.D.N.Y.), Fennell asks the Court to enter an order certifying
class action treatment.
The Plaintiffs seek certification of the following class or
classes, or such other class(es) as the Court deems appropriate.
(a) A general conditions-of-confinement class, consisting of
"All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023," which would embrace all inmates, including
those
whose infection status is not knowable but who were exposed
to
unlawful conditions.
(b) A COVID-infection class/subclass, consisting of: "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who either (a) were in custody as of March 1,
2020, and remained in custody at the time they contracted
COVID-19 as shown in either a positive COVID test or a
retrospective COVID antibody test, or (b) were in custody
for
at least 14 days, and remained in custody at the time they
contracted COVID-19, as shown in either a positive COVID
test
or a retrospective COVID antibody test." This may include
further subclasses depending on the level of injury, such as
Long COVID or death.
(c) A medically-vulnerable class/subclass, consisting of "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who meet one or more of the following
criteria:
(i) were age 50 or over, or (ii) whom the DOC housed in
North
Infirmary Command, Elmhurst Hospital Prison Ward, or
Bellevue
Hospital Prison Ward, or (iii) whom DOC otherwise classified
as
medically-vulnerable.”
Further, the Plaintiffs move the Court to appoint them as class
representatives, to appoint Keenan & Bhatia, LLC, and Sonal Bhatia
and E.E. Keenan, as class counsel, to direct notice to the
class(es), and for such other relief as is just and warranted.
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean. At its core is Manhattan, a densely populated
borough that's among the world's major commercial, financial and
cultural centers.
A copy of the Plaintiff's motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/3tGlf1b at no extra
charge.[CC]
The Plaintiffs are represented by:
Edward (E.E.) Keenan, Esq.
Sonal Bhatia, Esq.
KEENAN & BHATIA, LLC
90 Broad Street, Suite 200
New York, NY 10004
Telephone: (917) 975-5278
E-mail: ee@keenanfirm.com
sonal@keenanfirm.com
NEW YORK, NY: Gomez Seeks to Certify Class of Inmates
-----------------------------------------------------
In the class action lawsuit captioned as Gomez v. New York City
Department Of Corrections et al., Case No. 1:20-cv-03983,
(S.D.N.Y.), Fennell asks the Court to enter an order certifying
class action treatment.
The Plaintiffs seek certification of the following class or
classes, or such other class(es) as the Court deems appropriate.
(a) A general conditions-of-confinement class, consisting of
"All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023," which would embrace all inmates, including
those
whose infection status is not knowable but who were exposed
to
unlawful conditions.
(b) A COVID-infection class/subclass, consisting of: "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who either (a) were in custody as of March 1,
2020, and remained in custody at the time they contracted
COVID-19 as shown in either a positive COVID test or a
retrospective COVID antibody test, or (b) were in custody
for
at least 14 days, and remained in custody at the time they
contracted COVID-19, as shown in either a positive COVID
test
or a retrospective COVID antibody test." This may include
further subclasses depending on the level of injury, such as
Long COVID or death.
(c) A medically-vulnerable class/subclass, consisting of "All
individuals detained, incarcerated, and/or housed in New
York
City Department of Correction facilities from March 1, 2020,
to
May 11, 2023, who meet one or more of the following
criteria:
(i) were age 50 or over, or (ii) whom the DOC housed in
North
Infirmary Command, Elmhurst Hospital Prison Ward, or
Bellevue
Hospital Prison Ward, or (iii) whom DOC otherwise classified
as
medically-vulnerable.”
Further, the Plaintiffs move the Court to appoint them as class
representatives, to appoint Keenan & Bhatia, LLC, and Sonal Bhatia
and E.E. Keenan, as class counsel, to direct notice to the
class(es), and for such other relief as is just and warranted.
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean. At its core is Manhattan, a densely populated
borough that's among the world's major commercial, financial and
cultural centers.
A copy of the Plaintiffs' motion dated Oct. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/46Wh9AJ at no extra
charge.[CC]
The Plaintiffs are represented by:
Edward (E.E.) Keenan, Esq.
Sonal Bhatia, Esq.
KEENAN & BHATIA, LLC
90 Broad Street, Suite 200
New York, NY 10004
Telephone: (917) 975-5278
E-mail: ee@keenanfirm.com
sonal@keenanfirm.com
NGL ENERGY PARTNERS: Settles Underwood Class Suit
-------------------------------------------------
NGL Energy Partners LP disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that it entered into a settlement
agreement with regards to the case captioned "Gary R. Underwood,
Successor Trustee for the James L. Price Revocable Living Trust, on
behalf of the Trust and all others similarly situated v. NGL Energy
Partners LP" (Case No. 4:21-cv-00135-CVE-SH) and agreed to pay the
sum of approximately $8.4 million to the plaintiff and the proposed
class.
On April 3, 2023, it paid this money into escrow and during the
final fairness hearing on June 15, 2023. The settlement agreement
was approved by the court and an order granting final approval of
the class action settlement was entered into record.
The Partnership is a party defendant to a purported class action
complaint filed in the federal court in the Northern District of
Oklahoma and seeks class certification on behalf of owners who
allege the Partnership's Crude Oil Logistics group violated
Oklahoma's Production Revenue Standards Act when it failed to
include statutory interest on proceeds payments it made to certain
mineral owners and to state unclaimed property divisions for oil
purchased from certain Oklahoma wells. A substantial portion of the
statutory interest claimed to be owed in the lawsuit related to
suspended proceeds it inherited from its predecessors and remitted
to various state unclaimed property divisions in 2016.
NGL Energy Partners LP is a Delaware limited partnership where NGL
Energy Holdings LLC serves as its general partner. Its operations
include three segments, namely, Water Solutions, Crude Oil
Logistics and Liquids Logistics.
PACIFIC PERSONNEL: Perkins-Gardner Suit Removed to D. Minnesota
---------------------------------------------------------------
The case captioned as Dario Perkins-Gardner, on behalf of himself
and all others similarly situated v. Pacific Personnel Services and
Red Tail Acquisitions, LLC, Case No. 23-3124 was removed from the
Hennepin County District Court, State of Minnesota, to the United
States District Court for the District of Minnesota on Oct. 9,
2023, and assigned Case No. 0:23-cv-03124.
On September 14, 2023, Plaintiff commenced a civil action against
Defendants in the Hennepin County District Court in the State of
Minnesota, by service pursuant to Minnesota Rule of Civil Procedure
3.01.[BN]
The Defendant is represented by:
Jacqueline E. Kalk, Esq.
LITTLER MENDELSON, P.C.
1300 IDS Center
80 South 8th Street
Minneapolis, MN 55402.2136
Phone: 612.630.1000
Facsimile: 612.630.9626
Email: jkalk@littler.com
PAYSIGN INC: Court Narrows Claims in Consolidated Suit
------------------------------------------------------
Paysign, Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that on February 9, 2023, the United
States District Court for the District of Nevada granted in part
and denied in part defendants' Motion to Dismiss a consolidated
case captioned "In re Paysign, Inc. Securities Litigation."
The company has been named as a defendant in "Lorna Chase v.
Paysign, Inc. et. al.," filed on March 25, 2020. The complaint
generally alleged that the company, its CEO Mark R. Newcomer and
its former Chief Financial Officer Mark Attinger violated Section
10(b) of the Exchange Act, and that they violated Section 20(a) of
the Exchange Act, by making materially false or misleading
statements, or failing to disclose material facts, regarding the
company's internal control over financial reporting and its
financial statements. It sought class action certification,
compensatory damages, and attorney's fees and costs.
On May 18, 2020, this was consolidated. The complaint was filed on
behalf of a class of persons who acquired the company's common
stock from March 19, 2019 through March 31, 2020, inclusive.
Paysign, Inc. is a provider of prepaid card programs, comprehensive
patient affordability offerings, digital banking services and
integrated payment processing designed for businesses, consumers
and government institutions.
PBF GROUP: Faces Goldstein Suit Over Refinery Mishap
----------------------------------------------------
PBF Holding Company LLC and PBF Finance Corporation disclosed in
its Form 10-Q for the quarterly period ended June 30, 2023, filed
with the Securities and Exchange Commission on August 9, 2023, that
a class action suit captioned "Arnold Goldstein, et al. v. Exxon
Mobil Corporation, et al.," filed on February 17, 2017, where the
company and PBF LLC, and the company's subsidiaries, PBF Western
Region LLC and Torrance Refining and the manager of the company's
Torrance refinery along with ExxonMobil were named as defendants,
filed on behalf of Arnold Goldstein, John Covas, Gisela Janette La
Bella and others similarly situated is currently ongoing.
The complaint was filed in the Superior Court of the State of
California, County of Los Angeles and alleges negligence, strict
liability, ultra-hazardous activity, a continuing private nuisance,
a permanent private nuisance, a continuing public nuisance, a
permanent public nuisance and trespass resulting from the February
18, 2015 electrostatic precipitator (ESP) explosion at the Torrance
refinery which was then owned and operated by ExxonMobil.
The operation of the Torrance refinery by the PBF entities
subsequent to the company's acquisition in July 2016 is also
referenced in the complaint. To the extent that plaintiffs' claims
relate to the ESP explosion, ExxonMobil retained responsibility for
any liabilities that would arise from the lawsuit pursuant to the
agreement relating to the acquisition of the Torrance refinery. On
July 2, 2018, the Court granted leave to plaintiffs to file a
Second Amended Complaint alleging groundwater contamination. With
the filing of the Second Amended Complaint, plaintiffs added an
additional plaintiff, Hany Youssef.
On October 15, 2019, the judge granted certification to two limited
classes of property owners with Youssef as the sole class
representative and named plaintiff, rejecting two other proposed
subclasses based on negligence and on strict liability for
ultrahazardous activities. The certified subclasses relate to
trespass claims for ground contamination and nuisance for air
emissions. On February 5, 2021, the company's motion for Limited
Extension of Discovery Cut-Off and a Motion by plaintiffs for Leave
to File Third Amended Complaint were heard by the Court. On May 5,
2021, the Court granted plaintiffs leave to amend their complaint
for the third time to substitute Navarro for Youssef. On May 12,
2021, plaintiffs filed their Third Amended Complaint (TAC) that
contained significant changes and new claims, including individual
claims, that were not included in the motion for leave to amend
plaintiffs presented to the Court. On June 9, 2021, the company
filed a Motion to Dismiss/Strike the TAC.
On June 23, 2021, plaintiffs filed their opposition to the
company's Motion to Dismiss/Strike, to which the company filed the
company's reply on July 2, 2021. A hearing on the Motion to
Dismiss/Strike the TAC was held on August 2, 2021 and the Court
ordered that the TAC be struck and that the parties meet and confer
with respect to the complaint. After meeting and conferring,
plaintiffs agreed to submit a corrected TAC with changes reflecting
the removal of Youssef and the substitution of Navarro as the named
Plaintiff.
On August 23, 2021, the Court approved the parties' stipulation to
take Navarro's deposition on September 23, 2021. Also, on August
23, 2021, the Court approved the parties' stipulation to continue
the pretrial dates with the new deadlines. On October 8, 2021,
plaintiffs filed their Motion to Appoint Navarro as Class
Representative. On October 29, 2021, the company filed the
company's opposition to this motion. On November 15, 2021,
plaintiffs filed their reply. On February 8, 2022, the Court held a
hearing on plaintiff's Motion to Appoint Navarro as Class
Representative but did not act on the motion. Instead, the Court
ordered the parties to submit draft orders for the Court's
consideration.
After considering the parties' proposed orders, on July 5, 2022,
the Court issued a final order ruling that Plaintiffs' Motion to
Substitute Navarro as Class Representative was denied and
decertifying both of Plaintiffs' proposed Air and Ground
Subclasses. The order provided that the case will proceed with
Navarro as the sole plaintiff and required the parties to meet and
confer and propose a schedule for the remaining pretrial dates and
a trial date. On July 19, 2022, Plaintiff filed a petition with the
Ninth Circuit Court of Appeals seeking permission to appeal the
District Court's decertification order finding that Navarro is an
inadequate class representative. Our answer to the petition was
filed on July 29, 2022. On September 22, 2022, the Ninth Circuit
issued an order denying Plaintiffs' petition for permission to file
an interlocutory appeal, confirming that the case will proceed with
Navarro as the sole plaintiff.
On September 27, 2022, the Plaintiff filed a schedule of pretrial
and trial dates with a trial date of July 18, 2023, which was
approved by the Court. On January 13, 2023, the Defendants filed a
motion for judgment on the pleadings. On January 23, 2023, the
Plaintiff filed its opposition to the Defendants' motion.
Defendants' reply to Plaintiff's opposition was filed on January
30, 2023. Defendants' motion was scheduled to be heard by the Court
on February 13, 2023. On February 27, 2023, the Court issued an
order granting the company's motion for judgment on the pleadings
and dismissed Plaintiff's trespass claim with prejudice and granted
Plaintiff leave to amend his nuisance claims in conformity with the
order if he can do so consistent with Rule 11 of the Federal Rules
of Civil Procedures.
On March 27, 2023, Plaintiff filed a Fourth Amended Complaint (FAC)
relating to the remaining nuisance claims. On April 7, 2023, the
company responded to the FAC by filing a motion to dismiss for
Plaintiff's failure to establish standing to bring the nuisance
claims. On April 17, 2023, Plaintiff filed its opposition to the
company's motion. On April 24, 2023, the company filed the
company's reply to Plaintiff's opposition. A hearing on the
company's motion was scheduled for May 8, 2023 but, on May 2, 2023,
the Court took the hearing on the motion off calendar. On May 23,
2023, the Court denied the company's motion. Currently, the parties
are engaged in discovery and trial is scheduled for January 16,
2024.
PBF Holding is a wholly-owned subsidiary of PBF Energy company LLC.
PBF Energy Inc. is the sole managing member of, and owner of an
equity interest representing approximately 99.3% of the outstanding
economic interest in, PBF LLC as of June 30, 2023. PBF Investments
LLC, Toledo Refining company LLC, Paulsboro Refining company LLC,
Delaware City Refining company LLC, Chalmette Refining, LLC, PBF
Energy Western Region LLC, Torrance Refining company LLC, Torrance
Logistics company LLC and Martinez Refining company LLC are PBF
LLC's principal operating subsidiaries and are all wholly-owned
subsidiaries of PBF Holding.
PBF Logistics GP LLC (PBF GP) serves as the general partner of PBF
Logistics LP (PBFX). PBF GP is wholly-owned by PBF LLC.
PGA TOUR: Discloses Video Viewing Habits to Facebook, Sleigh Says
-----------------------------------------------------------------
AIDAN SLEIGH, individually and on behalf of all others similarly
situated, Plaintiff v. PGA TOUR, INC., Defendant, Case No.
2:23-cv-00893 (M.D. Fla., October 14, 2023) is a class action
against the Defendant for violation of the Video Privacy Protection
Act.
According to the complaint, the Defendant has disclosed to Meta
Platforms, Inc. (Facebook) information regarding the video viewing
habits of the visitors to its website, www.pgatour.com, without
consent. The Defendant embedded within its website a "Meta Pixel"
that was provided to it by Facebook. That pixel tracked the
Plaintiff's and the Class members' video viewing history while on
the Defendant's website and reported their viewing history to
Facebook along with their unique Facebook Identification numbers.
As a result, the Defendant violated the Plaintiff's and the Class
members' statutorily protected privacy rights, says the suit.
PGA Tour, Inc. is a video tape service provider, with its principal
place of business in Tallahassee, Florida. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Ft. Lauderdale, FL 33301
- and -
Manuel Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Suite 1400
Fort Lauderdale, FL 33301
Telephone: (305) 336-7466
E-mail: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW P.A.
515 E. las Olas Blvd., Ste. 120,
Fort Lauderdale, FL 33301
Telephone: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
PRECISION STRIP: Leigh Suit Seeks Unpaid Wages for Truck Operators
------------------------------------------------------------------
CHRISTOPHER LEIGH, BOBBY FOSTER, JR., and STEVEN HASTINGS,
individually and on behalf of all others similarly situated,
Plaintiffs v. PRECISION STRIP, INC. and PRECISION STRIP TRANSPORT,
INC., Defendants, Case No. 3:23-cv-00368 (E.D. Tenn., October 13,
2023) is a class action against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act of
1938.
The Plaintiffs have been employed as non-exempt, hourly-paid
employees operating trucks at the Defendants' facility located in
Vonore, Monroe County, Tennessee.
Precision Strip, Inc. is a toll processor of metal, headquartered
in Minster, Ohio.
Precision Strip Transport, Inc. is a toll processor of metal,
headquartered in Minster, Ohio. [BN]
The Plaintiffs are represented by:
James W. Friauf, Esq.
LAW OFFICE OF JAMES W. FRIAUF, PLLC
9111 Cross Park Dr., D200
Knoxville, TN 37923
Telephone: (865) 236-0347
E-mail: james@friauflaw.com
PROASSURANCE CORP: $28MM Settlement to be Heard on Jan. 17
----------------------------------------------------------
Robbins Geller Rudman & Dowd LLP and Saxena White P.A. issued a
statement regarding the ProAssurance Securities Litigation:
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SHEET METAL WORKERS LOCAL 19 PENSION FUND, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
vs.
PROASSURANCE CORPORATION, et al.,
Defendants.
Civil Action No. 2:20-cv-00856-RDP
CLASS ACTION
SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED PROASSURANCE
CORPORATION ("PROASSURANCE" OR THE "COMPANY") COMMON STOCK DURING
THE PERIOD BETWEEN AUGUST 8, 2018 AND MAY 7, 2020, INCLUSIVE, AND
WERE ALLEGEDLY DAMAGED THEREBY, AND ARE NOT OTHERWISE EXCLUDED FROM
THE SETTLEMENT CLASS ("SETTLEMENT CLASS" OR "SETTLEMENT CLASS
MEMBERS")
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held on January 17,
2024, at 10:00 a.m., before Judge R. David Proctor, at the United
States District Court, Northern District of Alabama, Hugo L. Black
U.S. Courthouse, 1729 5th Avenue North, Birmingham, AL 35203, to
determine whether: (1) the proposed settlement (the "Settlement")
of the above-captioned action as set forth in the Stipulation of
Settlement ("Stipulation")1 for $28,000,000 in cash, to be paid or
caused to be paid by the Company, should be approved by the Court
as fair, reasonable, and adequate; (2) for purposes of the proposed
Settlement only, the Litigation should be certified as a class
action on behalf of the Settlement Class; (3) the Judgment as
provided under the Stipulation should be entered dismissing the
Litigation with prejudice; (4) to award Lead Counsel attorneys'
fees and expenses out of the Settlement Fund (as defined in the
Notice of Pendency and Proposed Settlement of Class Action
("Notice"), which is discussed below) and to award Lead Plaintiffs
reimbursement of their time and expenses pursuant to 15 U.S.C.
§78u-4(a)(4) in connection with their representation of the
Settlement Class, and, if so, in what amounts; and (5) the Plan of
Allocation should be approved by the Court as fair, reasonable, and
adequate.
The Court may decide to conduct the Settlement Hearing by video or
telephonic conference, or otherwise allow Settlement Class Members
to appear remotely at the hearing, without further written notice
to the Settlement Class. In order to determine whether the date and
time of the Settlement Hearing have changed, or whether Settlement
Class Members must or may participate by phone or video, it is
important that you monitor the Court's docket and the Settlement
website, www.ProAssuranceSecuritiesSettlement.com, before making
any plans to attend the Settlement Hearing. Updates regarding the
Settlement Hearing, including any changes to the date or time of
the hearing or updates regarding in-person or remote appearances at
the hearing, will be posted to the Settlement website,
www.ProAssuranceSecuritiesSettlement.com. Also, if the Court
requires or allows Settlement Class Members to participate in the
Settlement Hearing by remote means, the information for accessing
the hearing will be posted to the Settlement website.
IF YOU PURCHASED OR OTHERWISE ACQUIRED PROASSURANCE COMMON STOCK
BETWEEN AUGUST 8, 2018 AND MAY 7, 2020, INCLUSIVE, YOUR RIGHTS MAY
BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION.
To share in the distribution of the Settlement Fund, you must
establish your rights by submitting a Proof of Claim and Release
form ("Proof of Claim") by mail (postmarked no later than November
30, 2023) or electronically (no later than November 30, 2023). Your
failure to timely submit your Proof of Claim by November 30, 2023,
will subject your claim to rejection and preclude your receiving
any of the recovery in connection with the Settlement of this
Litigation. If you purchased, or otherwise acquired ProAssurance
common stock between August 8, 2018 and May 7, 2020, inclusive, and
do not validly and timely request exclusion from the Settlement
Class in accordance with the requirements set by the Court, you
will be bound by the Settlement and any judgment and release
entered in the Litigation, including, but not limited to, the
Judgment, whether or not you submit a Proof of Claim.
The Notice, which more completely describes the Settlement and your
rights thereunder (including your right to object to the
Settlement), the Proof of Claim, the Stipulation (which, among
other things, contains definitions for the defined terms used in
this Summary Notice), and other Settlement documents, may be
accessed online at www.ProAssuranceSecuritiesSettlement.com, or by
writing to:
ProAssurance Securities Settlement
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 301133
Los Angeles, CA 90030-1133
Inquiries should NOT be directed to Defendants, Defendants'
Counsel, the Court, or the Clerk of the Court.
Inquiries, other than requests for the Notice or for a Proof of
Claim, may be made to Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
Ellen Gusikoff Stewart
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 1-800-449-4900
settlementinfo@rgrdlaw.com
SAXENA WHITE P.A.
Lester R. Hooker
7777 Glades Road, Suite 300
Boca Raton, FL 33434
Telephone: (561) 394-3399
lhooker@saxenawhite.com
IF YOU DESIRE TO BE EXCLUDED FROM THE SETTLEMENT CLASS, YOU MUST
SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY
DECEMBER 22, 2023, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE.
ALL SETTLEMENT CLASS MEMBERS WILL BE BOUND BY THE SETTLEMENT EVEN
IF THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.
IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT
TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY LEAD
COUNSEL FOR AN AWARD OF ATTORNEYS' FEES NOT TO EXCEED 33% OF THE
$28,000,000 SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED $1,500,000
AND AWARDS TO LEAD PLAINTIFFS NOT TO EXCEED $22,000 IN THE
AGGREGATE IN CONNECTION WITH THEIR REPRESENTATION OF THE SETTLEMENT
CLASS. ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO LEAD
COUNSEL AND DEFENDANTS' COUNSEL SO THAT THEY ARE RECEIVED BY
DECEMBER 22, 2023, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE.
DATED: August 25, 2023
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
1 The Stipulation can be viewed and/or obtained at
www.ProAssuranceSecuritiesSettlement.com. This Summary Notice
incorporates by reference the definitions in the Stipulation, and
all capitalized terms used herein shall have the same meanings as
set forth in the Stipulation, unless set forth herein.
QUEST DIAGNOSTICS: Appeals Class Cert. Ruling in Stewart Labor Suit
-------------------------------------------------------------------
QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC. is taking an appeal
from a court order granting in part and denying in part the
Plaintiffs' motion to certify class in the lawsuit entitled Pamela
Stewart, et al., individually and on behalf of all others similarly
situated, Plaintiffs, v. Quest Diagnostics Clinical Laboratories,
Inc., Defendant, Case No. 3:19-cv-02043-AGS-DDL, in the U.S.
District Court for the Southern District of California.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the San Diego Superior Court to the United
States District Court for the Southern District of California,
alleges violations of the California Labor Code and the California
Business and Professions Code including failure to prevent
discrimination, racial discrimination, wrongful failure to promote
due to racial discrimination, failure to provide equal pay based on
race, failure to provide rest periods, and unfair business
practices.
On November 30, 2020, the Plaintiffs filed a Motion for Class
Certification seeking to certify two classes: (1) a Black PSR Class
and (2) a Rest Period Class. On January 29, 2021, Quest opposed the
Plaintiffs' Motion for Class Certification. The Plaintiffs replied
on March 4, 2021.
In its October 5, 2022 Order, the Court granted certification only
of the Plaintiffs' proposed "Rest Period Class."
On October 19, 2022, Quest filed a Motion for Reconsideration of
the Order. Quest sought reconsideration on the grounds that the
Court had committed clear legal error in granting certification of
the Rest Period Class. On September 19, 2023, the Court denied
Quest's Motion for Reconsideration.
The appellate case is captioned Pamela Stewart, et al.,
individually and on behalf of all similarly situated and aggrieved
employees, Respondents, v. Quest Diagnostics Clinical Laboratories,
Inc., Petitioner, Case No. 23-2564, in the United States Court of
Appeals for the Ninth Circuit, filed on October 4, 2023. [BN]
Plaintiffs-Respondents PAMELA STEWART, et al., individually and on
behalf of all others similarly situated, are represented by:
Graham S.P. Hollis, Esq.
Vilmarie Cordero, Esq.
Hali Anderson, Esq.
GRAHAM HOLLIS APC
3555 Fifth Avenue, Suite 200
San Diego, CA 92103
Telephone: (619) 692-0800
E-mail: ghollis@grahamhollis.com
vcordero@grahamhollis.com
handerson@grahamhollis.com
Defendant-Petitioner QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC.
is represented by:
Max Fischer, Esq.
Karen Cho, Esq.
Anahi Cruz, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 S. Grand Avenue, 22nd Floor
Los Angeles, CA 90071
Telephone: (213) 612-2500
E-mail: max.fischer@morganlewis.com
karen.cho@morganlewis.com
anahi.cruz@morganlewis.com
QUINCY BIOSCIENCE: Murrow Sues Over Prevagen's Brain Benefits Ads
-----------------------------------------------------------------
KAITLIN MURROW, on behalf of herself and all others similarly
situated, Plaintiff v. QUINCY BIOSCIENCE HOLDING COMPANY, INC.;
QUINCY BIOSCIENCE, LLC; PREVAGEN, INC., d/b/a SUGAR RIVER
SUPPLEMENTS; QUINCY BIOSCIENCE MANUFACTURING, LLC; MARK UNDERWOOD;
and MICHAEL BEAMAN, Defendants, Case No. 1:23-cv-14893 (N.D. Ill.,
October 13, 2023) is a class action against the Defendants for
violation of the Illinois Consumer Fraud Act.
The case arises from the Defendants' false, deceptive, and
misleading advertising, labeling, and marketing of the Prevagen
products, a dietary supplement with synthetic apoaequorin as active
ingredient. The Defendants represent and market that the Prevagen
is "clinically tested" and that "improves memory" and "supports
healthy brain function, shaper mind, and clearer thinking." In
reality, oral supplementation with apoaequorin never gets past the
stomach, never gets to the brain and cannot provide the brain
function and memory benefits represented by the Defendants. The
Plaintiff and Class members have suffered injury in fact and lost
money as a result of the Defendants' unlawful, unfair, and
fraudulent practices, says the suit.
Quincy Bioscience Holding Company, Inc. is a biotechnology company,
with its principal place of business at 726 Heartland Trail, Suite
300, Madison, Wisconsin.
Quincy Bioscience, LLC is a wholly-owned subsidiary of Quincy
Bioscience Holding Company, Inc., based in Madison, Wisconsin.
Prevagen, Inc., also doing business as Sugar River Supplements, is
a wholly-owned subsidiary of Quincy Bioscience Holding Company,
Inc., based in Madison, Wisconsin.
Quincy Bioscience Manufacturing, LLC is a wholly-owned subsidiary
of Quincy Bioscience Holding Company, Inc., based in Madison,
Wisconsin. [BN]
The Plaintiff is represented by:
Stewart M. Weltman, Esq.
Steven A. Hart, Esq.
HART MCLAUGHLIN & ELDRIDGE
One South Dearborn, Suite 1400
Chicago, IL 60603
Telephone: (312) 955-0545
E-mail: sweltman@hmelegal.com
shart@hmelegal.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut St., Ste. 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: cschaffer@lfsblaw.com
- and -
Charles LaDuca, Esq.
Brendan Thompson, Esq.
CUNEO GILBERT & ADUCA, LLP
4725 Wisconsin Ave., NW, Ste. 200
Washington, DC 20016
Telephone: (202) 789-3960
E-mail: charles@cuneolaw.com
brendant@cuneolaw.com
- and -
Michael McShane, Esq.
AUDET & PARTNERS LLP
711 Van Ness Ave., Ste. 500
San Francisco, CA 94102
Telephone: (415) 568-2555
E-mail: mmcshane@audetlaw.com
REDBOX ENTERTAINMENT: Perez Sues Over Disclosed Video Information
-----------------------------------------------------------------
JAVIER PEREZ, individually and on behalf of all others similarly
situated, Plaintiff v. REDBOX ENTERTAINMENT, INC., Defendant, Case
No. 0:23-cv-61962 (S.D. Fla., October 13, 2023) is a class action
against the Defendant for violation of the Video Privacy Protection
Act.
According to the complaint, the Defendant has disclosed to Meta
Platforms, Inc. (Facebook) information regarding the video viewing
habits of the visitors to its website, www.redbox.com, without
consent. The Defendant embedded within its website a "Meta Pixel"
that was provided to it by Facebook. That pixel tracked the
Plaintiff's and the Class members' video viewing history while on
the Defendant's website and reported their viewing history to
Facebook along with their unique Facebook Identification numbers.
As a result, the Defendant violated the Plaintiff's and the Class
members' statutorily protected privacy rights, says the suit.
Redbox Entertainment, Inc. is a video tape service provider, with
its principal place of business in Oakbrook Terrace, Illinois.
[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Ft. Lauderdale, FL 33301
- and -
Manuel Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Suite 1400
Fort Lauderdale, FL 33301
Telephone: (305) 336-7466
E-mail: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW P.A.
515 E. las Olas Blvd., Ste. 120
Fort Lauderdale, FL 33301
Telephone: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
SANTANDER BANK: Filing for Class Certification Due Jan. 26, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as DAVID ELBARDISSI, v.
SANTANDER BANK, NA AND JOHN DOES, Case No. 2:23-cv-02069-WB (E.D.
Pa.), the Hon. Judge Wendy Beetlestone entered a scheduling order
as follows:
1. Fact discovery on class certification Dec. 29, 2023
will be completed by:
2. A Motion for Class Certification will Jan. 26, 2024
be filed and served by:
3. Any Opposition to the Motion for Feb. 23, 2024
Class Certification will be filed by:
4. All fact discovery on the merits shall be completed by six
months from the date of the Court's Order on the Motion for
Class Certification.
5. Any affirmative expert reports are due no later than 60 days
after the close of fact discovery. If an party wishes to
submit
a rebuttal expert report, counsel shall serve such report on
counsel for every other party no later than 30 days after the
affirmative report deadline.
6. Any party expecting to offer opinion testimony from lay
witnesses pursuant to Federal Rule of Evidence 701 with
respect
to the issues of liability and damages shall, at the time
required for submission of information and/or reports for
expert
witnesses, serve opposing parties with details and/or
documents
covering the lay opinions of the Rule 701 witnesses.
7. Any discovery depositions of expert witnesses shall be
completed
by 30 days after rebuttal expert reports are due.
8. Any motions for summary judgment and/or Daubert motions shall
be
filed and served on or before 30 days following the close of
expert discovery. Opposition briefs will be due 30 days
thereafter and any reply brief will be due fifteen (15) days
after that.
Santander Bank is an American bank operating as a wholly-owned
subsidiary of the Spanish Santander Group.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3M32P1a at no extra charge.[CC]
SCHWAN'S CONSUMER: Davis Sues Over False and Misleading Labeling
----------------------------------------------------------------
Yonnette Davis, individually and on behalf of all others similarly
situated v. SCHWAN'S CONSUMER BRANDS, INC., Case No. 1:23-cv-08866
(S.D.N.Y., Oct. 9, 2023), is brought seeking damages and an
injunction to stop the Defendant's false and misleading labeling of
its frozen apple pie with a crumble top ("Dutch Apple Pie")
promoted with a "Flaky Crust" "Made With Real Butter," next to two
pats of butter under the Mrs. Smith's brand ("Product").
Though the front label prominently promotes a "Flaky Crust" "Made
With Real Butter," with two pats of butter, across a blue ribbon,
emblematic of state fairs of lore, the relative and absolute amount
of butter in the crust is negligible or de minimis.
First, purchasers buying a pie touting its "flaky crust" as "Made
With Real Butter" next to two pats of butter will expect butter to
be the predominant or exclusive shortening ingredient. However,
butter is not the main or exclusive shortening ingredient used in
the crust, because it is listed after "Palm Oil" as part of an
ingredient called "Shortening Butter Blend." Second, "while many of
us have heard the advice to always look at the ingredient list,
especially the first five ingredients, to assess the quality of the
foods we are purchasing," Defendant's misleading and unlawful
"ingredient combining" prevents consumers from learning standard
information about the Product's ingredients and their relative
amounts.
Contrary to what consumers would read if they viewed the
ingredients, butter is not the Product's third most predominant
ingredient even it appears listed third, after "Palm Oil." By using
"a completely made-up term" like "Shortening Butter Blend," butter
"floats to the top" of the ingredient list from where it would be
if it was listed in the required way. Butter costs more than
vegetable oil shortenings, which is part of the reason Defendant
can sell the Product at higher prices to consumers. By using
predominantly vegetable oil shortenings instead of butter, the
Product's crust lacks the quality, nutritional, and flaky
attributes that consumers expect where it is promoted as "Made With
Real Butter" next to two pats of butter.
The labeling of the Product's crust as "Made With Real Butter" next
to two pats of butter is misleading because it mostly consists of
vegetable shortenings, but the labeling only suggests it is made
with butter, even though the vegetable shortening ingredients are
stated elsewhere on the labeling, albeit in a misleading way.
As a result of the false and misleading representations, the
Product is sold at a premium price, approximately no less than no
less than approximately $5.49 per pie, excluding tax and sales,
higher than similar products, represented in a non- misleading way,
and higher than it would be sold for absent the misleading
representations and omissions, says the complaint.
The Plaintiff purchased the Product between November 2019 and the
present.
The Defendant sells frozen apple pie with a crumble top ("Dutch
Apple Pie") promoted with a "Flaky Crust" "Made With Real Butter,"
next to two pats of butter under the Mrs. Smith's brand.[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Phone: (516) 268-7080
Email: spencer@spencersheehan.com
- and -
James Chung, Esq.
CHUNG LAW, P.C.
43-22 216th Street
Bayside, NY 11361
Phone: (718) 461-8808
Email: jchung_77@msn.com
SEAWORLD ENTERTAINMENT: Faces Burns Racial Discrimination Suit
--------------------------------------------------------------
SeaWorld Entertainment, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 9, 2023, that case captioned "Quinton
Burns individually and Next Friend of K.B., a minor v. SeaWorld
Parks & Entertainment, Inc. and SeaWorld Parks & Entertainment
LLC," Civil Case No. 2:22-cv-09941, filed on July 27, 2022, in the
United States District Court for the Eastern District of
Pennsylvania is currently in progress.
The complaint states the putative class consists of Quinton Burns
and K.B. Burns and similarly situated Black people. Plaintiffs then
filed an amended complaint adding an additional seven adult and
seven minor class representative plaintiffs in which they allege
the class consists of themselves and similarly situated minority
persons and also disclosed an additional 89 families and 125
children represented by plaintiffs' counsel who are allegedly
members of the purported class.
The First Amended Complaint alleges the company engaged in
disparate treatment of class members based on their race and in so
doing violated the Civil Rights Act of 1866 and Pennsylvania common
law and seeks compensatory and punitive damages and attorneys' fees
and costs as well declarative and injunctive relief.
The company filed a motion to dismiss all counts and a motion to
strike certification of the class. The court granted the motion to
dismiss with prejudice as to the negligent training and hiring
claims, without prejudice as to the negligent supervising claim,
and denied the motion as to the 42 USC 1981 and negligence per se
claims. Regarding the motion to strike class certification, the
court denied the motion on the grounds it is premature.
SeaWorld Entertainment, Inc., through its wholly-owned subsidiary,
SeaWorld Parks & Entertainment, Inc., owns and operates twelve
theme parks within the United States.
SHOE HIVE: Hernandez Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against The Shoe Hive, LLC.
The case is styled as Janelys Hernandez, on behalf of herself and
all others similarly situated v. The Shoe Hive, LLC, Case No.
1:23-cv-08891 (S.D.N.Y., Oct. 10, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Shoe Hive, LLC -- https://theshoehive.com/ -- is a fancy,
trendy retailer offering a large selection of women's shoes,
jewelry, accessories & more.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
SOLID WASTE: Deadline to File Class Cert Bid Extended to Dec. 8
---------------------------------------------------------------
In the class action lawsuit captioned as JENNIFER JONES v. SOLID
WASTE SERVICES, INC., doing business as J.P. MASCARO & SONS, Case
No. 5:23-cv-02648-JMG (E.D. Pa.), the Hon. Judge John M. Gallagher
entered an order granting the Plaintiff's motion for enlargement of
time for class certification, dated October 9, 2023.
-- The Court further entered an order that the deadline for the
Plaintiff to move for class certification is extended to
December
8, 2023.
-- The parties are directed to meet and confer regarding the
status
of outstanding discovery necessary for Plaintiff’s class
certification motion.
Solid Waste provides solid waste treatment services.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3twrB3j at no extra charge.[CC]
SONY INTERACTIVE: Caccuri Class Cert Bid Filing Due July 15, 2024
-----------------------------------------------------------------
In the class action lawsuit captioned as AGUSTIN CACCURI, v. SONY
INTERACTIVE ENTERTAINMENT LLC, Case No. 3:21-cv-03361-AMO (N.D.
Cal.), the Hon. Judge Araceli Martínez-Olguin entered a case
management scheduling order as follows:
Stipulation or motion to consolidate cases; Oct. 23, 2023
Plaintiffs' certification of conflicts and
interested entities or persons
Status report re ADR process and timing Nov. 2, 2023
Last day to add parties or amend pleadings Dec. 29, 2023
Further case management conference statement Jan. 4, 2024
(to include an update on the status of
discovery)
Further case management conference Jan. 11, 2024
Substantial completion of document production May 31, 2024
(as to requests production served on or
before March 1, 2024)
Plaintiffs' motion for class certification July 15, 2024
and class certification expert reports
Defendant's opposition to motion for class Aug. 15, 2024
certification and opposing class
certification expert reports, Daubert
motion(s)
Plaintiffs' reply in support of motion Sept. 5, 2024
for class certification and rebuttal
class certification expert reports,
Daubert motion(s), and opposition(s) to
Defendant's Daubert motion(s)
Hearing on motion for class certification Dec. 19, 2024
and Daubert motion(s):
Sony is a multinational video game and digital entertainment
company.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/48VL6SX at no extra charge.[CC]
ST. JOSEPH'S HOSPITAL: Hudson Files Appeal in Labor Suit
--------------------------------------------------------
TERISA HUDSON filed an appeal in her lawsuit entitled Terisa
Hudson, individually and on behalf of all others similarly situated
vs. St. Joseph's Hospital Health Center, Case No. 001362/2023,
filed in the lower court of New York.
As previously reported, the plaintiff alleges that the Defendants
failed to pay her and other similarly situated employees proper
minimum wages and their lawfully earned overtime compensation at
the rate of one and
one-half times their regular rate of pay for all hours worked in
excess of 40 per workweek. Instead, they were paid straight-time
compensation for overtime hours worked past 40 if the hours for the
biweekly period did not exceed 80. Purportedly, the Defendant
consistently and repeatedly used this method of paying straight
time wages for overtime hours.
The plaintiff sought recovery of unpaid wages and related damages
as a result of the alleged violations of the Fair Labor Standards
Act and the New York Labor Law.
The appellate case is captioned Terisa Hudson, et al. vs. St.
Joseph's Hospital Health Center, Case No. 23-01651, in the First
Judicial Department of New York Appellate Division, filed on
October 5, 2023. [BN]
Plaintiff-Petitioner TERISA HUDSON, individually and on behalf of
all others similarly situated, is represented by:
Michele A. Moreno, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
Facsimile: (212) 943-9082
E-mail: mmoreno@vandallp.com
STEEL PARTNERS: To Settle Reith Securities Suit in Del. Ch.
-----------------------------------------------------------
Steel Partners Holdings L.P. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 9, 2023, that on March 17, 2022, the
Chancery Court granted, with modifications, a scheduling order in
connection with the proposed settlement agreement to "Reith v.
Lichtenstein, et al.," 2018-0277 (Del. Ch.).
On April 13, 2018, a purported shareholder of its subsidiary, Steel
Connect, Inc. (STCN), Donald Reith, filed said complaint in the
Chancery Court. The plaintiff sought to assert class action and
derivative claims against the Company and several of its affiliated
companies, together with certain of members STCN's board of
directors, as well as other named defendants in connection with the
acquisition of $35,000 of STCN's Series C Preferred Stock by an
affiliate of the Company and equity grants made to three individual
defendants.
The complaint includes claims for breach of fiduciary duty against
all the individual defendants as STCN directors; claims for aiding
and abetting breach of fiduciary duty against the company; a claim
for breach of fiduciary duty as controlling stockholder against the
company; and a derivative claim for unjust enrichment against the
company and the three individuals who received equity grants. The
complaint demands damages in an unspecified amount for STCN and its
stockholders, together with rescission, disgorgement and other
equitable relief. The defendants moved to dismiss the complaint for
failure to plead demand futility and failure to state a claim.
On June 28, 2019, the Chancery Court denied most of defendants' the
motion to dismiss, allowing the matter to proceed. The defendants
and plaintiff subsequently participated in document discovery.
On August 13, 2021, the parties, entered into a memorandum of
understanding (MOU) in connection with the settlement of the Reith
litigation. Pursuant to the MOU, the defendants agreed (subject to
court approval) to cause their directors' and officers' liability
insurance carriers to pay to STCN $2,750 in cash. The company's
insurance carrier agreed to pay $1,100 of the settlement and STCN's
insurance carrier agreed to pay the remaining $1,650. Following the
parties' entry into a Stipulation and Agreement of Compromise,
Settlement, and Release on February 18, 2022.
On April 30, 2023, the company and Steel Connect, Inc. executed a
series of agreements, in which the company and certain of its
affiliates transferred an aggregate of 3,597,744 shares of common
stock, par value $0.10 per share, of Aerojet Rocketdyne Holdings,
Inc. held by the Steel Partners Group to Steel Connect in exchange
for 3,500,000 shares of newly created Series E Convertible
Preferred Stock of Steel and such transfer and related
transactions.
Steel Partners Holdings L.P. is a diversified global holding
company that engages in multiple businesses through consolidated
subsidiaries and other interests. It owns and operates businesses
and has significant interests in various companies, including
diversified industrial products, energy, defense, supply chain
management and logistics, banking and youth sports. SPLP operates
through the following segments: Diversified Industrial, Energy,
Financial Services and Supply Chain, which are managed separately
and offer different products and services.
SUNLIGHT FINANCIAL: Faces Grimes Suit for Product Misrepresentation
-------------------------------------------------------------------
Sunlight Financial Holdings Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 9, 2023, that on June 13, 2023,
Elizabeth Grimes filed a putative class action lawsuit in the
United States Bankruptcy Court for the Western District of North
Carolina against Power Home Solar LLC and Sunlight (Adversary
Proceeding No. 23-03017).
The lawsuit alleges that sales representatives of Power Home Solar
LLC made materially false and/or misleading statements to consumers
about the efficiency, effectiveness, benefits, and costs of the
solar panel systems being sold by Power Home Solar LLC, and seeks
to hold Sunlight liable for these alleged misrepresentations.
The lawsuit seeks injunctive relief, rescission, compensatory
damages, and the recovery of attorneys' fees.
Sunlight Financial Holdings Inc. is a technology-enabled
point-of-sale finance company that uses a nationwide network of
contractors at the point-of-sale, to offer homeowners secured and
unsecured loans, originated by third-party lenders, for the
purchase and installation of residential solar energy systems and
other home improvements.
TARENA INT'L: $3.5MM Settlement to be Heard on Jan. 18
------------------------------------------------------
The Rosen Law Firm, P.A. on Oct. 2 disclosed that the United States
District Court for the Eastern District of New York has approved
the following announcement of a proposed class action settlement
that would benefit purchasers of Tarena International, Inc.
American Depositary Shares (NASDAQ: TEDU):
SUMMARY NOTICE OF PENDENCY AND PROPOSED CLASS ACTION SETTLEMENT
TO: ALL PERSONS WHO PURCHASED THE AMERICAN DEPOSITARY SHARES OF
TARENA INTERNATIONAL, INC. ("TARENA") FROM AUGUST 16, 2016 THROUGH
NOVEMBER 1, 2019, INCLUSIVE.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States
District Court for the Eastern District of New York, that a hearing
will be held on January 18, 2024 at 10:00 a.m. before the Honorable
Pamela K. Chen, United States District Judge of the Eastern
District of New York, 225 Cadman Plaza East, Courtroom 4F North,
Brooklyn, NY 11201 for the purpose of determining: (1) whether the
proposed Settlement of the claims in the above-captioned Action for
consideration including the sum of $3,500,000 should be approved by
the Court as fair, reasonable, and adequate; (2) whether the
proposed plan to distribute the Settlement proceeds is fair,
reasonable, and adequate; (3) whether the application of Lead
Counsel for an award of attorneys' fees of up to one-third plus
interest of the Settlement Amount, reimbursement of expenses of not
more than $40,000 and a service payment of no more than $15,000 in
total to Plaintiffs, should be approved; and (4) whether this
Action should be dismissed with prejudice as set forth in the
Second Amended Stipulation of Settlement, dated August 18, 2023
(the "Settlement Stipulation"). The Court reserves the right to
hold the Settlement Hearing telephonically or by other virtual
means.
If you purchased Tarena's American Depositary Shares ("ADSs")
during the period from August 16, 2016 through November 1, 2019,
both dates inclusive, your rights may be affected by this
Settlement, including the release and extinguishment of claims you
may possess relating to your ownership interest in Tarena ADSs. If
you have not received a detailed Notice of Pendency and Proposed
Settlement of Class Action ("Notice") and a copy of the Proof of
Claim and Release Form, you may obtain copies by writing to or
calling the Claims Administrator: Tarena International, Inc.
Securities Litigation, c/o Strategic Claims Services, P.O. Box 230,
600 N. Jackson St., Ste. 205, Media, PA 19063; (Toll-Free) (866)
274-4004; (Fax) (610) 565-7985; info@strategicclaims.net. You can
also download copies of the Notice and submit your Proof of Claim
and Release Form online at www.strategicclaims.net/Tarena/. If you
are a member of the Settlement Class, in order to share in the
distribution of the Net Settlement Fund, you must submit a Proof of
Claim and Release Form electronically or postmarked no later than
December 28, 2023 to the Claims Administrator, establishing that
you are entitled to recovery. Unless you submit a written exclusion
request, you will be bound by any judgment rendered in the Action
whether or not you make a claim.
If you desire to be excluded from the Settlement Class, you must
submit to the Claims Administrator a request for exclusion so that
it is received no later than December 28, 2023, in the manner and
form explained in the Notice. All members of the Settlement Class
who have not requested exclusion from the Settlement Class will be
bound by any judgment entered in the Action pursuant to the
Settlement Stipulation.
Any objection to the Settlement, Plan of Allocation, or Lead
Counsel's request for an award of attorneys' fees and reimbursement
of expenses and award to Plaintiffs must be in the manner and form
explained in the detailed Notice and received no later than
December 28, 2023, by each of the following:
Clerk of the Court
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Ave
40th Floor
New York, NY 10016
Lead Counsel
Robert A. Fumerton, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP
One Manhattan West
New York, NY 10001
Counsel for Tarena
If you have any questions about the Settlement, you may call or
write to Lead Counsel:
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Ave
40th Floor
New York, NY 10016
Tel: (212) 686-1060
pkim@rosenlegal.com
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE.
DATED: SEPTEMBER 5, 2023
BY ORDER OF THE UNITED STATES
DISTRICT COURT FOR THE
EASTERN DISTRICT OF NEW YORK
TCOM LP: Littares Sues Over Unpaid Overtime Wages
-------------------------------------------------
Christopher Littares, individually, and on behalf of all others
similarly situated v. TCOM, L.P., Case No. 2:23-cv-00060-FL
(E.D.N.C., Oct. 10, 2023), is brought contending that Defendant
unlawfully failed to pay Field Operations and Support employees
overtime compensation for hours worked in excess of 40 in a
workweek pursuant to the requirements of the Fair Labor Standards
Act ("FLSA").
The Defendant willfully misclassifies FOS employees as exempt from
overtime pay during their training period, despite knowing that FOS
employees' primary job duties during their training periods do not
fall within any of the FLSA's exemptions to the statute's overtime
pay requirements. As a result, Defendant unlawfully failed to pay
FOS employees, including Plaintiff, for overtime compensation for
work performed in excess of 40 hours during a workweek during their
training period, says the complaint.
The Plaintiff is a former FOS employee of Defendant.
The Defendant is a provider is aerial surveillance equipment.[BN]
The Plaintiff is represented by:
Brian L. Kinsley, Esq.
CR LEGAL TEAM, LLP
2400 Freeman Mill Road
Greensboro, NC 27406
Phone: (800) 288-1529
Phone: BLKinsley@crumleyroberts.com
- and -
Edmund C. Celiesius, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Phone: (877) 561-0000
Fax: (855) 582-5279
Phone: ed.celiesius@jtblawgroup.com
TESLA INC: Court Narrows Claims in Urban Suit
---------------------------------------------
In the class action lawsuit captioned as JOHN L. URBAN, v. TESLA,
INC., Case No. 5:22-cv-07703-PCP (N.D. Cal.), the Hon. Judge P.
Casey Pitts entered an order denying in part and granting in part
motion to dismiss and denying motion to stay discovery.
-- The Court denies Tesla's motion to dismiss the four California
state law claims in Urban's complaint.
-- The Court grants with leave to amend Tesla's motion to dismiss
Urban's request for injunctive relief. Urban must file any
amended
complaint within 21 days of the filing of this order, if he so
chooses. The Court also denies Tesla's motion to stay (or in
the
alternative, bifurcate) discovery.
Urban filed this class action lawsuit against Tesla on December 6,
2022, alleging that Tesla's 2014–2016 Model S vehicles were
equipped with defective door handles that routinely failed within
only a few years of normal use.
On behalf of a nationwide class, Urban alleges violations of:
(1) California's Consumer Legal Remedies Act ("CLRA");
(2) California's Unfair Competition Law;
(3) breach of express warranty under California law; and
(4) breach of the implied warranty of merchantability under
California law.
Urban seeks class certification, compensatory damages, disgorgement
of Tesla’s profits, injunctive relief, and payment of reasonable
attorneys' fees. Tesla has now moved to dismiss Urban’s complaint
pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6),
and 9(b).
Tesla operates as a multinational automotive and clean energy
company.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3PXvdmy at no extra charge.[CC]
TEXSTAR OILFIELD: Zubia Sues Over Unpaid Overtime Compensation
--------------------------------------------------------------
Oscar H. Zubia, individually and on behalf of all others similarly
situated v. TexStar Oilfield Services LLC, Case No. 5:23-cv-00239-H
(N.D. Tex., Oct. 10, 2023), is brought under the Fair Labor
Standards Act and the Portal-to-Portal Act (collectively, the
"FLSA") seeking damages for Defendant's failure to pay Plaintiff
time and one half the regular rate of pay for all hours worked over
40 during each seven-day workweek because Defendant paid him on a
salary basis and misclassified him as exempt from the FLSA.
The Plaintiff routinely worked in excess of 40 hours per workweek
for Defendant. Plaintiff's weekly work schedule typically
encompassed approximately 60-70 hours of work on average. However,
Defendant did not pay Plaintiff and the putative Collective Action
Members time and one-half the regular rate of pay for all hours
worked over 40 during each workweek, says the complaint.
The Plaintiff began working for Defendants as a full-time salaried
employee on September 10, 2021, through February 20, 2023.
The Defendant is a limited liability company organized under the
laws of the State of Texas.[BN]
The Plaintiff is represented by:
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
SHELLIST LAZARZ SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Phone: (713)621-2277
Facsimile: (713)621-0993
Email: rprieto@eeoc.net
marbuckle@eeoc.net
TOMPKINS COMMUNITY: Class Settlement in Mock Suit Gets Initial Nod
-------------------------------------------------------------------
In the class action lawsuit captioned as STACY MOCK, on behalf of
herself and all others similarly situated, v. TOMPKINS COMMUNITY
BANK, Case No. 3:22-cv-00995-BKS-ML (N.D.N.Y.), the Hon. Judge
Brenda K. Sannes entered an order:
-- Preliminarily approving settlement;
-- Certifying class;
-- Approving notice; and
-- Setting Date for final approval hearing.
The Plaintiff Stacy Mock brings this putative class action against
Defendant Tompkins Community Bank asserting claims for breach of
contract, and violations of New York General Business Law (NYGBL)
arising out of the Defendant's practices with respect to overdraft
fees and insufficient funds fees.
For purposes of the Settlement only and subject the Settlement
Agreement, the Court finds that the prerequisites for class
certification under Rule 23 of the Federal Rules of Civil Procedure
have been preliminarily satisfied, and conditionally certifies the
following Class:
"All current and former holders of a Tompkins Community Bank
personal or business checking account, regardless of the state
of
residence or citizenship of its account holder, who, during the
Class Period, incurred more than one Overdraft Fee or NSF Fee as
the result of a checking account transaction being represented
for
payment."
The Court excludes from the Class all judicial officers presiding
over this Litigation and their staff, and any of their immediate
family members as well as Plaintiff's counsel and Tompkins officers
and employees. The persons potentially comprising the Class and to
whom Notice is to be emailed or mailed are identified in the Notice
Database, as defined in the Settlement Agreement, which data will
be maintained as indicated in the Settlement Agreement.
Tompkins offers banking, insurance, and wealth management services
to local families and businesses.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/45D0bWK at no extra charge.[CC]
The Plaintiff is represented by:
James J. Bilsborrow, Esq.
WEITZ & LUXENBERG, P.C.
700 Broadway
New York, NY 10003
- and -
Sophia G. Gold, Esq.
Jeffrey D. Kaliel
KALIELGOLD PLLC
950 Gilman Street, Suite 200
Berkeley, CA 94710
- and -
Tyler B. Ewigleben, Esq.
JOHNSON FIRM
610 President Clinton Avenue,
Little Rock, AK 72201
The Defendant is represented by:
Debra Bogo-Ernst, Esq.
Matthew Freimuth, Esq.
WILLKIE FARR & GALLAGHER LLP
787 Seventh Avenue
New York, NY 10019
UNDER ARMOUR: Nov. 27 Class Action Opt-Out Deadline Set
-------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
In re Under Armour Securities Litigation:
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
In re UNDER ARMOUR SECURITIES
LITIGATION
This Document Relates To:
ALL ACTIONS
Civil No. RDB-17-388
CLASS ACTION
PRESS RELEASE ANNOUNCEMENT OF
CLASS PENDENCY
Notice of Pendency of Class Action Announced by Lead Class Counsel
Mark Solomon, Robert R. Henssler Jr., Stephen R. Astley, and
Elizabeth A. Shonson of Robbins Geller Rudman & Dowd LLP in In re
Under Armour Securities Litigation, No. RDB-17-388.
Mark Solomon, Robert R. Henssler Jr., Stephen R. Astley, and
Elizabeth A. Shonson of Robbins Geller Rudman & Dowd LLP, announce
class certification has been granted allowing a class of
shareholders to proceed in a lawsuit named In re Under Armour
Securities Litigation, No. RDB-17-388.
The litigation asserts claims for alleged violations of the federal
securities laws against Under Armour, Inc. ("Under Armour" or the
"Company") and Kevin A. Plank (collectively, "Defendants"). On
September 29, 2022, the United States District Court for the
District of Maryland entered an Order, pursuant to Rule 23 of the
Federal Rules of Civil Procedure, certifying the case to proceed as
a class action on behalf of a Class defined as follows:
ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED CLASS
A AND CLASS C COMMON STOCK OF UNDER ARMOUR, INC. ("UNDER ARMOUR")
BETWEEN SEPTEMBER 16, 2015 AND NOVEMBER 1, 2019, INCLUSIVE ("CLASS
PERIOD"). EXCLUDED FROM THE CLASS ARE DEFENDANTS, PRESENT OR
FORMER EXECUTIVE OFFICERS AND DIRECTORS OF UNDER ARMOUR AND THEIR
IMMEDIATE FAMILY MEMBERS (AS DEFINED IN 17 C.F.R. §229.404,
INSTRUCTIONS (1)(A)(III) AND (1)(B)(II)).
Lead Plaintiffs Aberdeen City Council as Administrating Authority
for the North East Scotland Pension Fund, Monroe County Employees'
Retirement System, and KBC Asset Management NV have been appointed
Class Representatives. This action has not been settled and
continues to be litigated.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS MAY
BE AFFECTED. On September 28, 2023, a Postcard Notice of Pendency
of Class Action (the "Postcard Notice") was mailed to persons who
purchased or otherwise acquired Under Armour common stock during
the Class Period, as reflected on the books and records of the
Company and its transfer agent. The Postcard Notice contains
important information regarding the rights of Class Members,
including the right to seek exclusion from the Class and the legal
implications and deadline for doing so. If you believe you are a
member of the Class as defined above, and you have not received a
copy of the Postcard Notice by mail, you are urged to request a
copy free of charge by mailing your request to:
Under Armour Securities Litigation
c/o Gilardi & Co. LLC
P.O. Box 301135
Los Angeles, CA 90030-1135
You may also download a copy of the Printed Notice at:
www.UnderArmourSecuritiesLitigation.com.
IF YOU ARE A CLASS MEMBER AND DO NOT EXCLUDE YOURSELF FROM THE
CLASS, YOU WILL BE BOUND BY ALL ORDERS AND ANY JUDGMENT IN THE
ACTION. TO EXCLUDE YOURSELF FROM THE CLASS, YOU MUST SUBMIT A
WRITTEN REQUEST FOR EXCLUSION POSTMARKED ON OR BEFORE NOVEMBER 27,
2023.
CLASS MEMBERS SHOULD NOT CONTACT DEFENDANTS, THE COURT, OR THE
CLERK'S OFFICE REGARDING EXPLANATION OF THIS NOTICE.
UNITED HEALTHCARE: Samson Suit Seeks to Certify Two Classes
-----------------------------------------------------------
In the class action lawsuit captioned as FRANTZ SAMSON, v. UNITED
HEALTHCARE SERVICES INC., Case No. 2:19-cv-00175-MJP (W.D. Wash.),
the Hon. Judge Marsha J. Pechman entered an order certifying the
following classes:
-- Wrong Number Class
"All persons residing within the United States who, between
January 9, 2015, and January 9, 2019, received a
non-emergency
telephone call(s) placed using either the Avaya Pro Contact
or
LiveVox IVR dialing systems from the Medicare and Retirement
Non-Licensed Retention Team, the Community and State
National
Retention Team or the Medicare and Retirement Collections
Team,
to a cellular phone through the use of an artificial or
prerecorded voice, and who, according to Defendant’s
records,
was not a UnitedHealthcare member at the time of the call."
-- Do Not Call Class
"All persons residing within the United States who, between
January 9, 2015, and January 9, 2019, received a
non-emergency
telephone call(s) placed using either the Avaya Pro Contact
or
LiveVox IVR dialing systems from the Medicare and Retirement
Non-Licensed Retention Team, the Community and State
National
Retention Team or the Medicare and Retirement Collections
Team,
to a cellular phone through the use of an artificial or
prerecorded voice, and whose telephone number, according to
Defendant's records, was flagged or documented as "do not
call," "final do not contact" or otherwise recorded as a
number
not to be called."
The Court also appoints Beth Terrell, Jennifer Rust Murray,
Adrienne McEntee or Terrell Marshall Group PLLC, David Searles,
James Francis, John Soumilas, Jordan Sartell of Francis Mailman
Soumilas PC, and Jonathon Shub of Shub & Johns LLC, as class
counsel.
The parties are directed to meet and confer regarding a plan for
sending notice to the class and a form of notice. The parties shall
meet and confer and shall file the proposed notice with the Court
no later than October 30, 2023.
The Court also denies United's request to strike.
The Court denies the motion to strike as to all three categories.
All of the arguments and evidence United identifies as new are
arguments and evidence that Samson submitted in response to novel
arguments United makes in its opposition. The Court also held oral
arguments, for which United submitted case law and exhibits for the
Court to review, some of which responded to Samson's arguments on
these topics. The Court denies the motion.
Samson began receiving automated calls from United in July 2018
after receiving a new cell phone number. Samson told United it had
the wrong number when he received the calls.
He asked United to stop calling and to take him off the calling
list,
but the calls continued. Samson alleges that he received calls from
three of United's internal teams: the Community & State National
Retention team, the Medicare and Retirement Non-Licensed Retention
team, and the Medicare and Retirement Collections team.
United Healthcare was founded in 1974. The company's line of
business includes providing hospital, medical, and other health
services.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/48XJMyW at no extra charge.[CC]
UNITED PARCEL: Court Directs Filing of Discovery Plan in Walker
---------------------------------------------------------------
In the class action lawsuit captioned as Walker v. United Parcel
Service of America, Inc., Case No. 1:23-cv-01256-MMM-JEH (C.D.
Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order
as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
United Parcel is an American multinational shipping & receiving and
supply chain management company.
A copy of the Court's order dated Oct. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3M5DBPD at no extra charge.[CC]
VITAL PHARMACEUTICALS: Ferrell Files 9th Cir. Appeal
----------------------------------------------------
JAMES RICHARD FERRELL filed an appeal in his class action lawsuit
entitled James Richard Ferrell, individually and on behalf of all
others similarly situated, Plaintiff, vs. Vital Pharmaceuticals,
Inc., Defendant, Case No. 8:13-cv-00972-GAF-JCG, in the U.S.
District Court for the Central District of California.
The nature of suit is stated as Contract Product Liability.
The appellate case is captioned Ferrell v. Vital Pharmaceuticals,
Inc., Case No. 23-2590, in the United States Court of Appeals for
the Ninth Circuit, filed on October 5, 2023.
The briefing schedule in the Appellate Case states that:
-- Appellant James Richard Ferrell opening brief is due on
October 30, 2023; and
-- Appellee Vital Pharmaceuticals, Inc. answering brief is due
on November 28, 2023. [BN]
Plaintiff-Appellant JAMES RICHARD FERRELL, individually and on
behalf of all others similarly situated, appears pro se.
Defendant-Appellee VITAL PHARMACEUTICALS, INC. is represented by:
Alan J. Droste, Esq.
ALAN J. DROSTE, APLC
1001 Dove Street, Suite 250
Newport Beach, CA 92660
WALGREENS BOOTS: Derosa Sues Over Decongestants' False Claims
-------------------------------------------------------------
ANTHONY DEROSA, individually and on behalf of all others similarly
situated, Plaintiff, v. WALGREENS BOOTS ALLIANCE, INC., Defendant,
Case No. 1:23-cv-14558 (N.D. Ill., Oct. 5, 2023) seeks damages,
restitution, and equitable relief for the Defendant's false and
misleading claims about its own orally administered phenylephrine
(PE) products.
According to the complaint, the Defendant advertised, designed,
distributed, marketed, and sold these products as effective
decongestants when it knew or should have known that PE taken
orally is ineffective and provides no relief for nasal congestion.
Moreover, Plaintiff Derosa alleges claims against the Defendant for
breach of express warranty, breach of implied warranty, fraud,
negligence, negligent misrepresentation, and fraudulent
concealment, says the suit.
Walgreens Boots Alliance, Inc. is the largest retail health,
pharmacy, and daily living store with approximately 13,000
locations. [BN]
The Plaintiff is represented by:
Elizabeth A. Fegan, Esq.
FEGAN SCOTT LLC
150 S. Wacker Dr., 24th Floor
Chicago, IL 60606
Telephone: (312) 741-1019
Facsimile: (312) 264-0100
E-mail: beth@feganscott.com
- and -
Joseph G. Sauder, Esq.
Joseph B. Kenney, Esq.
SAUDER SCHELKOPF LLC
1109 Lancaster Avenue
Berwyn, PA 19312
Telephone: 888.711.9975
Facsimile: 610.421.1326
E-mail: jgs@sstriallawyers.com
jbk@sstriallawyers.com
WALMART INC: Shimizu Suit Removed to N.D. California
----------------------------------------------------
The case captioned as Michelle Angles Shimizu, an individual and on
behalf of all others similarly situated v. WALMART INC., a Delaware
corporation; and DOES 1 through 100, inclusive, Case No. C23-02203
was removed from the Superior Court of the State of California for
the County of Contra Costa, to the United States District Court for
the Northern District of California on Oct. 9, 2023, and assigned
Case No. 3:23-cv-0515.
The Plaintiff brings the following causes of action on behalf of
herself and the putative class members: failure to pay overtime
wages; failure to pay minimum wages; failure to provide meal
periods; failure to provide rest periods; waiting time penalties;
wage statement violations; failure to timely pay wages; violation
of Labor Code; unfair competition.[BN]
The Defendant is represented by:
Paloma P. Peracchio, Esq.
Vi N. Applen, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: paloma.peracchio@ogletree.com
vi.applen@ogletree.com
- and -
Mitchell A. Wrosch, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Esplanade Center III, Suite 800
2415 East Camelback Road
Phoenix, AZ 85016
Phone: 602-778-3700
Facsimile: 602-778-3750
Email: mitchell.wrosch@ogletree.com
WELLS FARGO BANK: Miller Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Wells Fargo Bank,
N.A. The case is styled as Wyatt Miller, individually and on behalf
of himself and all others similarly situated v. Wells Fargo Bank,
N.A., The Credit Wholesale Company, Inc., Technology Holdings,
Inc., Payment Systems, LLC, Case No. CGC23609643 (Cal. Super. Ct.,
San Francisco Cty., Oct. 10, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Wells Fargo -- http://www.wellsfargo.com/-- is an American
multinational financial services company with a significant global
presence.[BN]
The Plaintiff is represented by:
Jennie Lee Anderson, Esq.
ANDRUS ANDERSON LLP
155 Montgomery St., Ste. 900
San Francisco, CA 94104
Phone: 415-986-1400
Fax: 415-986-1474
Email: jennie@andrusanderson.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2023. All rights reserved. ISSN 1525-2272.
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