/raid1/www/Hosts/bankrupt/CAR

/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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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