/raid1/www/Hosts/bankrupt/CAR_Public/231101.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, November 1, 2023, Vol. 25, No. 219
Headlines
1ST FRANKLIN FINANCIAL: Smith Files Suit in Ga. Super. Ct.
22ND CENTURY GROUP: Settlement in Bull Suit Wins Initial Nod
23ANDME HOLDING: Fails to Prevent Data Breach, Friend Alleges
23ANDME HOLDING: Friend Files Suit in N.D. California
23ANDME INC: Fails to Protect Clients' Personal Info, Hoffman Says
23ANDME INC: Farmer Files Suit in N.D. California
23ANDME INC: Tulchinsky Files Suit in N.D. California
3D SYSTEMS: Final Hearing on Settlement of Suit Set for Nov. 21
3M COMPANY: Franklin Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Grosser Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Martin Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Terrell Sues Over Exposure to Toxic Film-Forming Foams
3S NETWORK INC: Martinez Files Suit in Cal. Super. Ct.
ACER THERAPEUTICS: Agreement in Principle Reached in Sell Suit
ADVISORS IGNITE: Class Cert Bid Response Extended to Nov. 6
ADVOCATE HEALTH: Fails to Pay Proper Wages, English Suit Alleges
AETNA MEDICAID: Palmer Seeks Conditional Status of FLSA Collective
AMERICAN GENERAL: Chuck Suit Removed to W.D. Wisconsin
AMERICAN TEXTILE: Santiago Files Suit in W.D. Pennsylvania
AMS MANAGEMENT: Culbertson Files TCPA Suit in M.D. Florida
ANGI INC: Dotson Suit Removed to C.D. California
ARIETIS HEALTH: Schafer Sues Over Failure to Secure Personal Info
ARIETIS HEALTH: Zeigler Files Suit in M.D. Florida
ASSESSOR OF FLORAL PARK: Fauty Files Suit in N.Y. Sup. Ct.
ASTON CARTER: Bower Sues Over Disclosure of Personal Info to FB
AYVAZ PIZZA: Ramsey Sues Over Unpaid Wages for Delivery Drivers
BANCO POPULAR: Appeals Court Affirms Dismissal of Maura Suit
BAPTIST HEALTH: Dunn Files Suit in N.D. Alabama
BARBOURVILLE NURSING: Filing for Class Cert Bid Due April 30, 2024
BASSETT FURNITURE: Myers Files Suit in W.D. Virginia
BELIMED INC: Garcia Sues Over Failure to Pay Compensations
BESOS RESTAURANT: Underpays Restaurant Staff, Chavez Suit Says
BEYOND FINANCE: Bradford Files TCPA Suit in S.D. California
BLUESTONE COKE: Fowler Sues Over Unprovided Written Notice
BQ OPERATIONS: Fails to Properly Pay Workers, Gonzalez Suit Claims
BREEZY TREES: Has Made Unsolicited Calls, Furman Suit Claims
BROCK PIERCE: Rowan Seeks to Seal Confidential Information
C.R. ENGLAND: Cantu Suit Removed to W.D. Wisconsin
C4 PROTECTION: Elliott Sues Over Unpaid Minimum, Overtime Wages
CALL FEDERAL: Garrett Files Suit in E.D. Virginia
CANOO INC: Blake Suit Transferred to D. Utah
CARGILL MEAT: Filing for Class Certification Bid Due April 22, 2024
CBL & ASSOCIATES: Haynes Suit Voluntarily Dismissed
CBL & ASSOCIATES: Settlement in Securities Suit Gets Initial Nod
CHARLES RIVER: Faces Suit Over Sexual Assault Against Patients
CHEGG INC: Foulkes Sues Over Unlawful Disclosure of Data
CHELLA LUNA: Fajardo Sues Over Unpaid Minimum, Overtime Wages
CHEMOCENTRYX INC: Must Oppose Homyk Class Cert Bid by Nov. 22
CLEANSPARK INC: Bishins Securities Suit Ongoing
CLOOPEN GROUP: $12MM Class Settlement to be Heard on Jan. 23
COACHELLA VALLEY WATER: HJTA Files Suit in Cal. Super. Ct.
COLUMBIA UNIVERSITY: Faces Doe Suit Over Sexual Abuse, Harassment
CONTINENTAL RESOURCES: Faces Consolidated Suit in Oklahoma
COSTCO WHOLESALE: Colon Sues Over Mislabeled Juice Products
COURSE HERO: Nguyen Sues Over Data Privacy Violations
DATACOMP APPRAISAL: Sailer Balks at Home Lot Rental Price-fixing
DERMTECH INC: Faces Bagheri Suit Over Drop in Share Price
DMS HEALTH: Kolkind Files Suit in D. North Dakota
EBIX INC: Court Junks Teifke Suit with Prejudice
ELITE ELECTRIC: Ramirez Sues Over Minimum, Overtime Wages
ESPN ENTERPRISES: Antoine Sues Over Disclosure of Private Info
EVISU INC: Martinez Files ADA Suit in E.D. New York
F45 TRAINING: Continues to Defend Geor Class Suit
FESTIVE & CO HOLDING: Crosson Files ADA Suit in E.D. New York
FIVE POINT: Continues to Defend Bayview Hunters Class Suit
FLORIDA INSURANCE: Filing for Class Cert. Bid Due Feb. 16, 2024
FORD MOTOR: Heard Suit Removed to E.D. California
FOREVER 21: Fails to Protect Private Info, Taylor Suit Claims
FRANCESCAS ACQUISITION: Bley Files Suit in D. Delaware
FRANCIS DESOUZA: Icahn Partners Files Suit in Del. Chancery Ct.
GENWORTH FINANCIAL: Hale Suit Transferred to D. Massachusetts
GENWORTH FINANCIAL: Manar Suit Transferred to D. Massachusetts
GENWORTH FINANCIAL: Smith Suit Transferred to D. Massachusetts
GENWORTH LIFE: Burkett Suit Transferred to D. Massachusetts
GEO GROUP: Court Stays Detainees' Labor Suit
GEO GROUP: Final Approval Hearing of Settlement Set for Nov. 14
GLOBAL DEBT: Hernandez Sues Over Unlawful Debt Collection Practices
GNH ELECTRIC: Fails to Pay Proper Wages, Collins Alleges
GOOSEHEAD INSURANCE: Settlement Hearing to be Held on Feb. 16
GOVERNMENT EMPLOYEE: Rice Sues Over Unpaid Overtime & Retaliation
HAWAII PACIFIC: Espinal Files ADA Suit in S.D. New York
HAWAII: Telephone Conference Set for Jan. 26, 2024
HEALTHCARE REVENUE: Metrick Files FDCPA Suit in D. New Jersey
HECLA MINING: Seeks Dismissal of Amended of Complaint
HOG ISLAND OYSTER: Perez-Perez Files Suit in Cal. Super. Ct.
HOOPSWAGG LLC: Tarr Files ADA Suit in S.D. New York
HOSPITALITY STAFFING: Smith Suit Transferred to N.D. Georgia
HUMBL INC: Faces Armstrong Shareholder Suit Over SEC Reporting
HUMBL INC: Pasquinelli Shareholder Suit Transferred to D. Del.
ILLINOIS: Acevedo Suit Transferred to D. Massachusetts
ILLINOIS: Irvin Suit Transferred to E.D. Pennsylvania
INFOCUS SOLUTIONS: Schanen Sues Over Unpaid Overtime Wages
INSURANCE SUPERMARKET: Human Suit Removed to E.D. Missouri
INTEGRA LIFESCIENCES: Continues to Defend Pembroke Securities Suit
INTERNATIONAL BUSINESS: Hays Sues Over Compromised Personal Info
IRVINE SHADE & DOOR: Watchorn Files Suit in Ind. Super. Ct.
JAMES C. YEE: Gomez Files Suit in Cal. Super. Ct.
JETBLUE AIRWAYS: Rodriguez Suit Removed to W.D. Wisconsin
JONES LANG LASALLE: Serra Suit Removed to N.D. California
JUSTFOODFORDOGS INC: Bunting Files ADA Suit in E.D. New York
KENTUCKY WESLEYAN COLLEGE: Ortiz Files ADA Suit in W.D. New York
KEVIN JOHNSON: Seeks Denial of Colon Class Status Bid
KIA AMERICA: Singletary Files Suit in C.D. California
KINDER MORGAN: Continues to Defend Pederson Class Suit
KNIGHT ENERGY: Seaux Sues Over Failure to Pay Proper Overtime Wages
KRAPE LOGISTICS: Fails to Pay Overtime Wages, Elliott et al. Allege
LARKIN STREET: Jolivet Files Suit in Cal. Super. Ct.
LCS FINANCIAL SERVICES: Vaught Files Suit in D. Colorado
LEO'S PIZZA: Mejia Suit Seeks Unpaid Wages for Restaurant Staff
LITTLE FOLKS SHOP: Erkan Files ADA Suit in E.D. New York
LIVINGSTONE COLLEGE: Ortiz Files ADA Suit in W.D. New York
LL FLOORING INC: Coleman Files Suit in Cal. Super. Ct.
LLR INC: Van Can File Portions of Evidentiary Objections Under Seal
LOANDEPOT.COM: Friedlander Sues Over Unpaid Overtime Wages
M.R.M. FACILITY: Ramirez Sues Over Unpaid Minimum, Overtime Wages
MARATHON PETROLEUM: Dixon Suit Removed to E.D. Louisiana
MASONITE INTERNATIONAL: Seeks Stay of Antitrust Suit in Quebec
MAXIMUS FEDERAL: Bishop Suit Transferred to D. Massachusetts
MAXIMUS INC: Beers Suit Transferred to D. Massachusetts
MAXLINEAR INC: Continues to Defend Water Island Class Suit
MEMBERS LIFE: Bivens Suit Transferred to D. Massachusetts
MEMBERS LIFE: Leet Contract Suit Moved From W.D. Wis. to D. Mass.
MEMBERS LIFE: Leet Suit Transferred to D. Massachusetts
MG LLC: Cole Files TCPA Suit in M.D. Tennessee
MIDLAND FINANCIAL: Linman Suit Removed to W.D. Oklahoma
MIDLAND FINANCIAL: Rubenstein Suit Removed to W.D. Oklahoma
NEKTAR THERAPEUTICS: Stockholder Suit Voluntarily Dismissed
NEW BALANCE: Filing for Class Cert. Bid Due April 10, 2024
NXT JET: Completion of Discovery Due Oct. 15, 2024
ONPROCESS TECHNOLOGY: Filing for Class Cert Bid Due Sept. 27, 2024
PANDORA JEWELRY: Fails to Pay Proper Wages, Breaux Suit Claims
PAYPAL HOLDINGS: Sabol Suit Hits Over Anti-Steering Rules
PFIZER INC: Chantix-Related Suit Ongoing in New York
PFIZER INC: Class Cert Hearing in BDC Suit Set for Nov. 27
PHILO INC: Brinkley Sues Over Disclosure of Personal Info to FB
POPULAR INC: Faces Lipsett Suit in New York
POPULAR INC: Settlement Deal in Golden Suit Wins Initial OK
PROGRESSIVE CASUALTY: Madaffari Suit Transferred to N.D. Ohio
PROGRESSIVE PREFERRED: Ambrosio Allowed to File Docs Under Seal
PROTOFAST HOLDING: Must Oppose Clavel Class Cert Bid by Nov. 17
PRUDENTIAL INSURANCE: Ct. Directs Filing o Discovery Plan in Cozad
QUEST DIAGNOSTICS: Seeks Dismissal of Bickham Suit vs Subsidiary
QUEST DIAGNOSTICS: Seeks Dismissal of Gordon Suit vs Subsidiary
QUEST DIAGNOSTICS: Seeks Dismissal of Trouville Suit vs Subsidiary
R1 RCM: $45.4MM Class Settlement to be Heard on Dec. 14
REAL KETONES: Faye Sues Over Mislabeled Ketone Products
REGENTS OF UC: Billman Files Suit in Cal. Super. Ct.
REGIONAL ACCEPTANCE: Portis Files TCPA Suit in N.D. Alabama
ROBLOX CORPORATION: Murphy Suit Removed to S.D. California
RUSSELL INVESTMENTS: Wanek Savings Plan Suit Seeks Class Status
RUSSELL INVESTMENTS: Wanek Seeks to File Exhibits Under Seal
RYDER SYSTEM: Bid for Initial OK of Settlement Awaits Court Nod
SAP SE: Soni Files Suit in Del. Chancery Ct.
SCOTT NAPIERATA: Fails to Pay Overtime Wages, Addington Alleges
SCULPTOR CAPITAL: Faces Och Suit Over Drop in Share Price
SELLARS ABSORBENT: Boerschinger Sues Over Labor Law Violations
SIDWELL AIR: Filing for Class Cert Bid Due April 12, 2024
SNAP INC: Continues to Defend Securities Class Suit
SONOS INC: Faces Fowler Suit Over Defective Arc Soundbars
SOUTHWEST GAS: Court Tosses Miami Beach Pension Fund Suit
SPORTS RESEARCH: Lozano Sues Over Mislabeled Keto Products
STAR NURSING: Taylor Files Suit in Cal. Super. Ct.
STARBUCKS CORP: Fails to Pay Proper Wages, Campuzano Suit Says
STATE FARM MUTUAL: Scott Suit Removed to C.D. Illinois
SUEZ WATER: Class Cert. Bid Filing in Nicholls Extended to Dec. 15
T-MOBILE US: Continues to Defend Dale Antitrust Class Suit
T-MOBILE US: Continues to Defend Dinkevich Shareholder Class Suit
TASKUS INC: Court Dismisses MCS Suit
TEK ASSURE: Fails to Pay Proper Wages, Del Cid Alleges
THREE LOWER COUNTIES: Suit Removed to W.D. Wisconsin
TOCCI GROUP: Fails to Pay Proper Wages, Borja Alleges
TRIBAL LLC: Troche ADA Suit Seeks Class Certification
TRIBAL LLC: Troche Files ADA Suit in S.D. New York
TRISTRUX LLC: Faces Cruz Suit Over Unlawful Labor Practices
TRIUMPH ENERGY: Class Action Settlement in Cowan Gets Initial Nod
TRUMP CORPORATION: Court Junks McKoy Bid to Certify Class
UKG INC: Plaintiffs Seek Approval of Class Action Settlement Deal
UNITED STATES: Parties Seek Initial Approval of Proposed Settlement
UNIVERSITY OF CENTRAL: Filing for Class Cert Bid Due Feb. 7, 2024
UNIVERSITY OF MARY: Espinal Files ADA Suit in S.D. New York
UNIVERSITY OF ROCHESTER: Harling Suit Transferred to D. Mass.
UNUM GROUP: McPherson Suit Transferred to D. Massachusetts
VERTEX ENERGY: Faces Securities Suit Over SEC Filing
WESTERN UNION: Continues to Defend Consumidores Class Suit
WESTERN UNION: Continues to Defend FIPA-Related Class Suit
WILLIS TOWERS: Pitts Suit Transferred to D. Utah
YOUNG ADULT INSTITUTE: Turner Suit Transferred to N.D. California
ZIGNEGO CO: Cardenas Labor Suit Seeks Class Certification
*********
1ST FRANKLIN FINANCIAL: Smith Files Suit in Ga. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against 1ST Franklin
Financial Corporation. The case is styled as Douglas Smith, Price
Laney, on behalf of themselves and all others similarly situated v.
1ST Franklin Financial Corporation, Case No. 2023RCCV00509 (Ga.
Super. Ct., Richmond Cty., Oct. 18, 2023).
The case type is stated "Other General Civil."
1ST Franklin Financial Corporation -- https://www.1ffc.com/ --
offer loans for auto repairs, home improvements, or debt
consolidation.[BN]
The Plaintiff is represented by:
Gregory Bosseler, Esq.
MORGAN & MORGAN
191 Peachtree St NE#4200
Atlanta, GA 30303
22ND CENTURY GROUP: Settlement in Bull Suit Wins Initial Nod
------------------------------------------------------------
22nd Century Group, Inc. disclosed in its Form 10-Q report for the
fiscal year ended June 30, 2023, filed with the Securities and
Exchange Commission in August 14, 2023, that on June 30, 2023, the
court preliminarily approved settlement in a securities suit filed
by Matthew Bull, and scheduled a further settlement hearing last
October 3, 2023.
The parties participated in a mediation on March 21, 2023 and
reached an initial memorandum of understanding for settlement in
principle to resolve the litigation and release all claims against
the Company.
On April 25, 2023, the parties filed with the Court the Motion for
Preliminary Approval of the Settlement, which includes the final
terms of the proposed settlement.
On January 21, 2019, Matthew Jackson Bull, a resident of Denver,
Colorado, filed a complaint against the company, its then Chief
Executive Officer, Henry Sicignano III, and its then Chief
Financial Officer, John T. Brodfuehrer, in the United States
District Court for the Eastern District of New York entitled
"Matthew Bull, Individually and on behalf of all others similarly
situated, v. 22nd Century Group, Inc., Henry Sicignano III, and
John T. Brodfuehrer," Case No. 1:19 cv 00409.
On September 16, 2019, pursuant to a joint motion by the parties,
the court in the Bull case transferred the class action to federal
district court in the Western District of New York, where it
remains pending as Case No. 1:19-cv-01285.
Plaintiffs in the Bull case filed an Amended Complaint on November
19, 2019 that alleges three counts: Count I sues the Company and
Messrs. Sicignano and Brodfuehrer and alleges that the Company's
quarterly and annual reports, SEC filings, press releases and other
public statements and documents contained false statements in
violation of Section 10(b) of the Securities Exchange Act and Rule
10b-5; Count II sues Messrs. Sicignano and Brodfuehrer pursuant to
Section 10(b) of the Securities Exchange Act and Rule 10b5(a) and
(c); and Count III sues Messrs. Sicignano and Brodfuehrer for the
allegedly false statements pursuant to Section 20(a) of the
Securities Exchange Act. The Amended Complaint seeks to certify a
class, and unspecified compensatory and punitive damages, and
attorney's fees and costs.
On January 29, 2020, the defendants filed a Motion to Dismiss the
Amended Complaint. On January 14, 2021, the court granted the
motion, dismissing all claims with prejudice. The Plaintiffs filed
a notice of appeal on February 12, 2021 to the Second Circuit Court
of Appeals. On May 24, 2022, after briefing and oral argument, the
Second Circuit issued an order affirming in part, and reversing in
part, the District Court's dismissal order. The Second Circuit
affirmed the District Court's dismissal of the claims relating to
the non-disclosure of stock promotion articles, but reversed the
District Court's dismissal order of the claims alleging the
non-disclosure of an SEC investigation.
The Second Circuit noted in its opinion, however, that the District
Court had not addressed certain arguments raised by the Company and
Messrs. Sicignano and Brodfuehrer in the Motion to Dismiss the
Amended Complaint as to these remaining claims, and remanded the
case to the District Court to address these arguments for the
dismissal of the remaining claims. On August 8, 2022, the Company
and Messrs. Sicignano and Brodfuehrer filed a renewed motion to
dismiss the remaining claims in the Amended Complaint to address
the arguments not previously addressed by the District Court. On
September 22, 2022, Plaintiffs filed a brief in opposition to the
motion. On October 12, 2022, the Company and Messrs. Sicignano and
Brodfuehrer filed a reply brief in further support of the motion.
On January 6, 2023, the District Court denied the motion to
dismiss, and the case will proceed forward on the remaining claims.
22nd Century Group, Inc. is a biotechnology company focused on
utilizing advanced plant technologies to improve health and
wellness with reduced nicotine tobacco, hemp/cannabis and hops. We
use modern plant breeding technologies, including genetic
engineering, gene-editing, and molecular breeding to deliver
solutions for the consumer goods and pharmaceutical industries by
creating new, proprietary plants with optimized alkaloid and
flavonoid profiles as well as improved yields and valuable
agronomic traits.
23ANDME HOLDING: Fails to Prevent Data Breach, Friend Alleges
-------------------------------------------------------------
NICHOLE FRIEND; AARON PARRA; and MARI RAJAMIN, individually and on
behalf of all similarly situated individuals, Plaintiffs v. 23ANDME
HOLDING CO.; and DOES 1 through 50, inclusive, Defendants, Case No.
4:23-cv-05323-DMR (M.D. Cal., Oct. 18, 2023) seeks to hold the
Defendant responsible for the harms caused to the Plaintiffs and
other similarly situated persons in a massive and preventable data
breach of the Defendant's inadequately protected computer network.
According to the Plaintiffs in the complaint, on October 11, 2023,
the Defendant notified consumers that cybercriminals gained
unauthorized access to its systems (the "Data Breach" or "Breach").
This unauthorized users accessed inadequately protected electronic
systems of Defendant and stole the sensitive personal information
that Plaintiffs and Breach Victims shared only with the Defendant.
The Defendant's conduct in failing to implement adequate and
reasonable measures to ensure their electronic systems were
protected, failing to take adequate steps to prevent and stop the
breach, and failing to timely detect the breach, failing to
disclose the material facts that they did not have adequate
electronic systems and security practices to safeguard the Personal
Information, failing to honor their duty to protect the Breach
Victims' Personal Identities, and failing to provide timely and
adequate notice of the Data Breach – caused substantial harm and
injuries to Plaintiffs and the Class, says the suit.
As a result of the Data Brach, the Plaintiffs and the Class have
suffered damages. Now that their Personal Information has been
hacked, the Plaintiffs and Class Members are at imminent risk of
identity theft and ethnically motivated hate crimes. And this will
continue, as they must spent their time being extra vigilant, due
to Defendant's failures, to try to prevent being victimized for the
rest of their lives, the suit asserts.
23ANDME HOLDING CO. is a publicly held personal genomics and
biotechnology company based in South San Francisco, California.
The Plaintiffs are represented by:
Kaveh S. Elihu, Esq.
Saima Ali Gipson, Esq.
EMPLOYEE JUSTICE LEGAL GROUP, PC
1001 Wilshire Boulevard
Los Angeles, CA 90017
Telephone: (213) 382-2222
Facsimile: (213) 382-2230
Email: kelihu@ejlglaw.com
sali@ejlglaw.com
23ANDME HOLDING: Friend Files Suit in N.D. California
-----------------------------------------------------
A class action lawsuit has been filed against 23andMe Holding Co.
The case is styled as Nichole Friend, Aaron Parra, Mari Rajamin,
individually, and on behalf of all similarly situated individuals
v. 23andMe Holding Co., Case No. 4:23-cv-05323-DMR (N.D. Cal., Oct.
18, 2023).
The nature of suit is as Other P.I. for Tort Negligence.
23andMe -- https://www.23andme.com/ -- offers DNA testing with the
most comprehensive ancestry breakdown, personalized health insights
and more.[BN]
The Plaintiff is represented by:
Kaveh S. Elihu, Esq.
Saima Ali, Esq.
EMPLOYEE JUSTICE LEGAL GROUP, PC
1001 Wilshire Boulevard
Los Angeles, CA 90017
Phone: (213) 382-2222
Fax: (213) 382-2230
Email: kelihu@ejlglaw.com
sali@ejlglaw.com
23ANDME INC: Fails to Protect Clients' Personal Info, Hoffman Says
------------------------------------------------------------------
ALEXANDRA HOFFMAN and ALEXANDRA KLAWITTER, individually and on
behalf of all others similarly situated, Plaintiffs v. 23ANDME,
INC., Defendant, Case No. 3:23-cv-05332-JSC (N.D. Cal., October 19,
2023) is a class action against the Defendant for negligence and
negligence per se, breach of implied contract, unjust enrichment,
violation of the Illinois Genetic Information Privacy Act, and
invasion of privacy.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiffs and similarly situated
customers stored within its vendor network following a data breach
announced on October 6, 2023. The Defendant also failed to timely
notify the Plaintiffs and similarly situated individuals about the
data breach. As a result, the PII and PHI of the Plaintiffs and
Class members were compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
23andMe, Inc. is a biotechnology company, with its principal place
of business located at 223 N. Mathilda Ave., Sunnyvale, California.
[BN]
The Plaintiffs are represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
402 W. Broadway, Suite 1760
San Diego, CA 92101
Telephone: (858) 209-6941
Facsimile: (858) 209-6941
E-mail: jnelson@milberg.com
- and -
Marc E. Dann, Esq.
Brian D. Flick, Esq.
DANNLAW
15000 Madison Avenue
Lakewood, OH 44107
Telephone: (216) 373-0539
Facsimile: (216) 373-0536
E-mail: notices@dannlaw.com
- and -
Thomas A. Zimmerman, Jr., Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Telephone: (312) 440-0020
Facsimile: (312) 440-4180
E-mail: tom@attorneyzim.com
23ANDME INC: Farmer Files Suit in N.D. California
-------------------------------------------------
A class action lawsuit has been filed against 23andMe, Inc. The
case is styled as Adriane Farmer, individually and on behalf of all
others similarly situated v. 23andMe, Inc., Case No.
5:23-cv-05341-NC (N.D. Cal., Oct. 19, 2023).
The nature of suit is as Other P.I. for Personal Injury.
23andMe -- https://www.23andme.com/ -- offers DNA testing with the
most comprehensive ancestry breakdown, personalized health insights
and more.[BN]
The Plaintiff is represented by:
Benjamin Hansel Kleine, Esq.
KLEINE PC
95 Third Street, 2nd Floor, Ste. 9048
San Francisco, CA 94103
Phone: (415) 645-5655
Email: ben@kleinepc.com
- and -
Brandon P. Jack, Esq.
Gregory Haroutunian, Esq.
Michael Anderson Berry, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL CORPORATION
865 Howe Avenue
Sacramento, CA 95825
Phone: (916) 777-7777
Email: bjack@justice4you.com
gharoutunian@justice4you.com
aberry@justice4you.com
23ANDME INC: Tulchinsky Files Suit in N.D. California
-----------------------------------------------------
A class action lawsuit has been filed against 23andMe, Inc. The
case is styled as David Tulchinsky, individually and on behalf of
all others similarly situated v. 23andMe, Inc., Case No.
5:23-cv-05369 (N.D. Cal., Oct. 19, 2023).
The nature of suit is as Other Contract.
23andMe -- https://www.23andme.com/ -- offers DNA testing with the
most comprehensive ancestry breakdown, personalized health insights
and more.[BN]
The Plaintiff is represented by:
George Volney Granade, Esq.
REESE LLP
8484 Wilshire Boulevard, Suite 515
Los Angeles, CA 90211
Phone: (310) 939-0070
Fax: (212) 253-4272
Email: ggranade@reesellp.com
3D SYSTEMS: Final Hearing on Settlement of Suit Set for Nov. 21
---------------------------------------------------------------
3D Systems 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 final hearing on settlement of
a consolidated putative stockholder class action lawsuit pending in
the United States District Court for the Eastern District of New
York is scheduled for November 21, 2023. The settlement is subject
to both preliminary and final approval by said court.
The company and certain of its current and former executive
officers have been named as defendants action styled "In re 3D
Systems Securities Litigation," No. 1:21-cv-01920-NGG-TAM. On July
14, 2021, the court appointed a lead plaintiff for the putative
class and approved his choice of lead counsel. Lead plaintiff filed
his consolidated amended complaint on September 13, 2021, alleging
that defendants violated the Securities Exchange Act of 1934 and
SEC Rule 10b-5 promulgated thereunder by making false and
misleading statements and omissions, and that the current and
former executive officers named as defendants are control persons
under Section 20(a) of the Exchange Act.
The amended complaint was filed on behalf of stockholders who
purchased shares of the company’s common stock between May 6,
2020 and March 5, 2021, and seeks monetary damages on behalf of the
purported class. Defendant moved to dismiss the amended complaint
on February 15, 2022, and the motion was fully briefed in May
2022.
On October 28, 2022, the parties notified the District Court that
they reached an agreement in principle resolving this action, and
on December 19, 2022, the lead plaintiff filed a motion seeking
entry of an order preliminarily approving the settlement and
establishing notice procedures. On June 5, 2023, following the
district court's referral of lead plaintiff's motion to a
Magistrate Judge for a Report and Recommendation on the motion, the
Magistrate Judge issued a Report and Recommendation recommending
that the district court grant lead plaintiff's motion for
preliminary approval of the settlement.
The District Court adopted the report and recommendation and
preliminarily approved the settlement on July 19, 2023.
3D Systems Corporation is into healthcare solutions and industrial
solutions segments which include 3D printers and corresponding
materials, digitizers, software licenses, 3D scanners and haptic
devices.
3M COMPANY: Franklin Sues Over Exposure to Toxic Film-Forming Foams
-------------------------------------------------------------------
Richard Franklin, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05190-RMG (D.S.C., Oct. 17, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
prostate cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Grosser Sues Over Exposure to Toxic Foams & Chemicals
-----------------------------------------------------------------
Thomas Grosser, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05189-RMG (D.S.C., Oct. 17, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
testicular cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Martin Sues Over Exposure to Toxic Film-Forming Foams
-----------------------------------------------------------------
Ellenmarie Martin, and Harold Martin by the Proposed Administrator
and Next-of-Kin, Ellenmarie Martinn, and other similarly situated
v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company);
AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S.
INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL
FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-05245-RMG (D.S.C., Oct. 19,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff Ellenmarie Martin is the proposed personal
representative/administrator/executor of the Estate of Harold
Martin, who regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
prostate cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Terrell Sues Over Exposure to Toxic Film-Forming Foams
------------------------------------------------------------------
Clifford Terrell, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05188-RMG (D.S.C., Oct. 17, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
prostate cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
3S NETWORK INC: Martinez Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against 3S Network, Inc. The
case is styled as Isaac Martinez, on behalf of himself and all
others similarly situated, and the general public v. 3S Network,
Inc., Case No. STK-CV-UOE-2023-0011074 (Cal. Super. Ct., San
Joaquin Cty., Oct. 19, 2023).
The case type is stated as "Unlimited Civil Other Employment."
3S Network, Inc. -- http://www.3snetwork.com/-- offer expert
design, service analysis and solutions for a wide range of
technologies including GSM/GPRS/EDGE, UMTS/HSPA, EVDO, and
LTE/WiMAX.[BN]
ACER THERAPEUTICS: Agreement in Principle Reached in Sell Suit
--------------------------------------------------------------
Acer Therapeutics Inc. disclosed in its Form 10-Q report for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 14, 2023, that on January 7, 2022,
the parties in a putative class action lawsuit captioned "Sell v.
Acer Therapeutics Inc. et al.," Case No. 1:19-cv-06137GHW reached
an agreement in principle to settle this action for a payment of
$8.4 million, which was approved by the U.S. District Court for the
Southern District of New York.
On July 1, 2019, plaintiff Tyler Sell filed said complaint against
the company, Chris Schelling and Harry Palmin that alleged that the
company violated federal securities laws by allegedly making
material false and misleading statements regarding the likelihood
of FDA approval for the new drug application (NDA) of its
EDSIVO(TM) (celiprolol) for the treatment of vascular Ehlers-Danlos
syndrome. With the selection of a lead plaintiff, the case was
later captioned "Skiadas v. Acer Therapeutics Inc. et al."
Acer Therapeutics Inc. is a pharmaceutical company focused on the
acquisition, development, and commercialization of therapies for
serious rare and life-threatening diseases with significant unmet
medical needs.
ADVISORS IGNITE: Class Cert Bid Response Extended to Nov. 6
-----------------------------------------------------------
In the class action lawsuit captioned as Van Elzen v. Advisors
Ignite USA LLC, et al., Case No. 1:22-cv-00859 (E.D. Wisc., Filed
July 28, 2022), the Hon. Judge William C Griesbach entered an order
granting unopposed motion to extend the time to respond to
plaintiff's motion for class certification to November 6, 2023.
The nature of suit states restrictions of use of telephone
equipment.
Advisors Ignite provides marketing campaigns and lead programs that
include financial advisory, training and consulting services.[CC]
ADVOCATE HEALTH: Fails to Pay Proper Wages, English Suit Alleges
----------------------------------------------------------------
CARMEN ENGLISH, individually and on behalf of all similarly
situated individuals, Plaintiff v. ADVOCATE HEALTH & HOSPITALS
CORP., Defendant, Case No. 1:23-cv-14861 (N.D. Ill., Oct. 13, 2023)
seeks to recover for Defendant’s willful violations of the Fair
Labor Standards Act, the Illinois Minimum Wage Law, and the
Illinois Wage Payment and Collection Act.
The Plaintiff worked for Defendant as a scheduler from November
2021 to February 2023. The Plaintiff initially started working for
Defendant through a staffing company and became a direct hire in
and around February 2022. In reckless disregard of the FLSA and
Illinois wage and hour laws, the Defendant required Plaintiff to
perform compensable boot-up and call ready work off-the-clock. Such
Defendant's practice caused incorrect payments for all straight
time and overtime performed by Plaintiff, and all other current
and/or former Schedulers, in violation of the FLSA and Illinois
wage and hour laws, says the suit.
Advocate Health & Hospitals Corp. is the largest health system in
Illinois with 10 hospitals, more than 400 sites of care and 6,300
physicians, and the third-largest nonprofit integrated health
system in the U.S. [BN]
The Plaintiff is represented by:
Peter J. Flowers, Esq.
Frank V. Cesarone, Esq.
MEYERS & FLOWERS, LLC
3 N. Second Street, Suite 300
St. Charles, IL 60174
Telephone: (630) 232-6333
Facsimile: (630) 845-8982
E-mail: pjf@meyers-flowers.com
fvc@meyers-flowers.com
- and -
Jacob R. Rusch, Esq.
Zackary S. Kaylor, Esq.
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
Saint Paul, MN 55101
Telephone: (612) 436-1800
Facsimile: (612) 436-1801
E-mail: jrusch@johnsonbecker.com
zkaylor@johnsonbecker.com
AETNA MEDICAID: Palmer Seeks Conditional Status of FLSA Collective
------------------------------------------------------------------
In the class action lawsuit captioned as CRYSTAL PALMER,
individually, and on behalf of all others similarly situated, v.
AETNA MEDICAID ADMINISTRATORS LLC, Case No. 3:23-cv-01010-RNC (D.
Conn.), the laintiff moves the Court under Section 16(b) of the
Fair Labor Standards Act ("FLSA"), 29 U.S.C. section 216(b), for
court-authorized notice of this lawsuit to all similarly situated
employees.
The Plaintiff respectfully requests that the Court enter an order:
(1) Conditionally certifying the proposed FLSA Collective;
(2) Requiring Defendant to identify all putative collective
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;
(3) Authorizing Plaintiff's proposed form of notice (Exhibits A &
B)
and implementing a procedure whereby the notice of
Plaintiff's
FLSA claims is sent (via U.S. Mail, email, and text message)
to:
"All current and former hourly call center agents who worked
for
Defendant at any time during the last three years (the "FLSA
Collective").
(4) Appointing the undersigned counsel as counsel for the FLSA
Collective; and
(5) Giving members of the FLSA Collective sixty (60) days to join
this case, measured from the date the Court-authorized notice
is
sent, with one reminder email sent 30 days thereafter to
anyone
who did not respond.
Aetna provides managed health care services. The Company manages
and coordinates care for Medicaid programs.
A copy of the Plaintiff's motion dated Oct. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/46zZOh7 at no extra
charge.[CC]
The Plaintiff is represented by:
Kevin J. Stoops, Esq.
Albert J. Asciutto, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
aasciutto@sommerspc.com
- and -
Jeffrey S. Morneau, Esq.
CONNOR & MORNEAU, LLP
273 State Street, 2nd Floor
Springfield, MA 01103
Telephone: (413) 455-1730
E-mail: jmorneau@cmolawyers.com
AMERICAN GENERAL: Chuck Suit Removed to W.D. Wisconsin
------------------------------------------------------
The case captioned as Judy Chuck, Bryan Chang, Howard Chang, and
Justin Chang, on behalf of themselves and all others similarly
situated v. AMERICAN GENERAL LIFE INSURANCE COMPANY; and DOES 1
through 10, inclusive, Case No. 23STCV21403 was removed from the
Superior Court of the State of California for the County of Los
Angeles, to the United States District Court for the Western
District of Wisconsin on Oct. 17, 2023, and assigned Case No.
2:23-cv-08727.
According to the Complaint, Plaintiffs were beneficiaries of a
$200,000 life-insurance policy ("the Policy") insuring Larry Chang.
Plaintiffs allege that American General did not comply with
California Insurance Code §§ 10113.71 or 10113.72 and that
benefits are owed under the Policy. Count One of the Complaint is
for alleged breach of contract, Count Two is for alleged breach of
the implied covenant of good faith and fair dealing, and Count
Three is for alleged violation of California's Unfair
Competition.[BN]
The Defendants are represented by:
Christopher C. Frost, Esq.
MAYNARD NEXSEN PC
1901 Sixth Avenue North, Suite 1700
Birmingham, AL 352103
Phone: (205) 254-1000
Fax: (205) 254-1999
Email: cfrost@maynardnexsen.com
AMERICAN TEXTILE: Santiago Files Suit in W.D. Pennsylvania
----------------------------------------------------------
A class action lawsuit has been filed against American Textile
Company, Incorporated. The case is styled as John Santiago,
individually and on behalf of all others similarly situated v.
American Textile Company, Incorporated, Case No. 2:23-cv-01811-CCW
(W.D. Pa., Oct. 19, 2023).
The nature of suit is stated as Other Fraud.
American Textile Company, Incorporated --
https://www.americantextile.com/ -- are one of the largest bedding
manufacturers in the world.[BN]
The Plaintiff is represented by:
Steffan T. Keeton, Esq.
THE KEETON FIRM LLC
100 S. Commons, Ste. 102
Pittsburgh, PA 15212
Phone: (888) 412-5291
Email: efiling@keetonfirm.com
AMS MANAGEMENT: Culbertson Files TCPA Suit in M.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against AMS Management
Service Corp. The case is styled as Darrek Culbertson, individually
and on behalf of all others similarly situated v. AMS Management
Service Corp, Case No. 8:23-cv-02358-JSM-JSS (M.D. Fla., Oct. 17,
2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
AMS Management Service Corp. -- https://amscorp.org/ -- assists
customers in Timeshare Divestment and Recovery of funds lost to
fraudulent sales practices.[BN]
The Plaintiff is represented by:
Mohammad Kazerouni, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Ave., Suite D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: mike@kazlg.com
- and -
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP, APC
301 E. Bethany Home Road, Suite C-195
Phoenix, AZ 85012
Phone: (800) 400-6808
Email: ryan@kazlg.com
ANGI INC: Dotson Suit Removed to C.D. California
------------------------------------------------
The case captioned as Michael Dotson, individually, and on behalf
of all others similarly situated v. ANGI INC. d/b/a/ ANGI'S LIST,
Case No. 23STCV22621 was removed from the Superior Court of the
State of California, County of Los Angeles, to the United States
District Court for the Central District of California on Oct. 20,
2023, and assigned Case No. 2:23-cv-08847.
The Complaint alleges three causes of action: Violation of
California's False Advertising Law; Violation of California's
Unfair Competition Law; and Breach of Warranty in Violation of the
Song Beverly Consumer Warranty Act.[BN]
The Defendants are represented by:
Megan A. Suehiro, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Phone: +1.213.612.2500
Fax: +1.213.612.2501
Email: megan.suehiro@morganlewis.com
- and -
J. Gordon Cooney, Jr., Esq.
Franco A. Corrado, Esq.
1701 Market Street
Philadelphia, PA 19103-2921
Phone: +1.215.963.5000
Fax: +1.215.963.5001
Email: gordon.cooney@morganlewis.com
franco.corrado@morganlewis.com
ARIETIS HEALTH: Schafer Sues Over Failure to Secure Personal Info
-----------------------------------------------------------------
DANIELLE SCHAFER, on behalf of herself individually and all others
similarly situated, Plaintiff v. ARIETIS HEALTH, LLC, Defendant,
Case No. 2:23-cv-00845-SPC-KCD (M.D. Fla., Oct. 5, 2023) is a class
action against Arietis for its failure to properly secure and
safeguard Plaintiff's and Class Members' personally identifiable
information, including their full names, dates of birth, Social
Security numbers and medical and treatment information, which is
protected health information as defined by the Health Insurance
Portability and Accountability Act of 1996.
On May 31, 2023, Defendant learned that one its IT vendor's
networks had been penetrated by a cyberattack. As a result of its
investigation, Arietis concluded on July 26, 2023 that
"unauthorized actors had access to Arietis Health's MOVEit server
on May 31, 2023, and may have acquired certain files which
contained your data."
The Defendant collects and maintains the sensitive, non-public
private information of former and current patients of healthcare
entities, including Plaintiff and Class Members, without which
Defendant could not perform its regular business activities.
The Plaintiff brings this action on behalf of all persons whose
private information was compromised as a result of Defendant's
failure to: (i) adequately protect the private information of
Plaintiff and Class Members; (ii) warn Plaintiff and Class Members
of Defendant's inadequate information security practices; and (iii)
effectively secure hardware containing protected private
information using reasonable and effective security procedures free
of vulnerabilities and incidents.
Arietis Health, LLC is a healthcare limited liability company that
provides healthcare billing services.[BN]
The Plaintiff is represented by:
Jonathan B. Cohen, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
3833 Central Ave.
St. Petersburg, FL 33713
Telephone: (865) 247-0080
E-mail: jcohen@milberg.com
ARIETIS HEALTH: Zeigler Files Suit in M.D. Florida
--------------------------------------------------
A class action lawsuit has been filed against Arietis Health LLC.
The case is styled as Robbin Zeigler, individually and on behalf of
all others similarly situated v. Arietis Health LLC, Case No.
2:23-cv-00919-JES-KCD (M.D. Fla., Oct. 19, 2023).
The nature of suit is stated as Other Contract for Federal Trade
Commission.
Arietis Health LLC -- https://www.arietishealth.com/ -- specialize
in patient-centric, data-driven revenue cycle solutions.[BN]
The Plaintiff is represented by:
Thiago M. Coelho, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Boulevard, Suite 12th Floor
Los Angeles, CA 90010
Phone: (213) 381-9988
Fax: (213) 381-9989
Email: thiago@wilshirelawfirm.com
- and -
Kevin Lewis, Esq.
KL LAW, P.L.L.C.
150 S. Pine Island Rd., Suite 300
Plantation, FL 33324
Phone: (954) 551-2295
Email: service@kevinlewislaw.com
ASSESSOR OF FLORAL PARK: Fauty 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 Maria Fauty,
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. 616701/2023 (N.Y. Sup. Ct., Nassau Cty., Oct.
19, 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
ASTON CARTER: Bower Sues Over Disclosure of Personal Info to FB
---------------------------------------------------------------
EMBER BOWER, individually and on behalf of all others similarly
situated, Plaintiff v. ASTON CARTER, INC., Defendant, Case No.
1:23-cv-02773-ADC (D. Md., Oct. 13, 2023) seeks to recover the
unpaid wages and other damages Aston Carter owes to Plaintiff Bower
under the Fair Labor Standards Act, the Missouri's Minimum Wage and
Maximum Hour Law, and the Missouri common law.
Plaintiff Bower worked for Aston Carter during the Kronos service
outage in beginning of December 2021. This outage has led to
problems in timekeeping and payroll throughout Aston Carter's
organization. As a result, Aston Carter's workers who were not
exempt from overtime under federal law were not paid for all
overtime hours worked and/or were not paid their proper overtime
premium on time, says the suit.
Headquartered in Maryland, Aston Carter, Inc. is a domestic
corporation that provides recruiting, staffing, and consulting
services throughout the United States. [BN]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET PC
2 Greenway Plaza, Ste. 250
Houston, TX 77046
Telephone: (713) 999-5228
E-mail: matt@parmet.law
- and -
Angeli Murthy, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Rd., Suite 4000
Plantation, FL 33324
Telephone: (954) 327-5369
Facsimile: (954) 327-3016
E-mail: amurthy@forthepeople.com
AYVAZ PIZZA: Ramsey Sues Over Unpaid Wages for Delivery Drivers
---------------------------------------------------------------
OLIVIA RAMSEY and WILLIAM STRATMANN, on behalf of themselves and
all others similarly situated, Plaintiffs v. AYVAZ PIZZA, LLC and
SHOUKAT DHANANI, Defendants, Case No. 1:23-cv-04801-SDG (N.D. Ga.,
October 19, 2023) is a class action against the Defendants for
failure to pay minimum and overtime wages in violation of the Fair
Labor Standards Act and for unjust enrichment.
The Plaintiffs worked as delivery drivers in Georgia.
Ayvaz Pizza, LLC is an owner and operator of Pizza Hut stores in
the U.S., including Georgia. [BN]
The Plaintiffs are represented by:
Gary Richard Kessler, Esq.
GARY R. KESSLER P.C.
2573 Apple Valley Road NE
Atlanta, GA 30319
Telephone: (404) 909-8100
E-mail: gkessler@martensonlaw.com
- and -
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
BILLER & KIMBLE, LLC
8044 Montgomery Rd., Ste. 515
Cincinnati, OH 45236
Telephone: (513) 715-8711
Facsimile: (614) 340-4620
E-mail: akimble@billerkimble.com
abiller@billerkimble.com
BANCO POPULAR: Appeals Court Affirms Dismissal of Maura Suit
------------------------------------------------------------
Popular 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 March 13, 2023, the U.S.
Court of Appeals for the First Circuit entered judgment affirming
the trial court's order dismissing a putative class action against
its principal banking subsidiary, Banco Popular de Puerto Rico
(BPPR). On March 23, 2023, plaintiffs filed a Petition for
Rehearing and/or Rehearing en Banc, which is pending resolution.
BPPR was named a defendant in case captioned "Yiries Josef Saad
Maura v. Banco Popular, et al.," on behalf of residential customers
of the defendant banks who have allegedly been subject to illegal
foreclosures and/or loan modifications through their mortgage
servicers.
Plaintiffs contend that when they sought to reduce their loan
payments, defendants failed to provide them with such reduced loan
payments, instead subjecting them to lengthy loss mitigation
processes while filing foreclosure claims against them in parallel,
all in violation of the Truth in Lending Act (TILA), the Real
Estate Settlement Procedures Act(RESPA), the Equal Credit
Opportunity Act (ECOA), the Fair Credit Reporting Act (FCRA), the
Fair Debt Collection Practices Act (FDCPA) and other
consumer-protection laws and regulations.
After waiving service of process, BPPR filed a motion to dismiss
the complaint and further filed a motion to oppose class
certification, which the court granted in September 2018. In April
2019, the court entered an opinion and order granting BPPR's and
several other defendants' motions to dismiss with prejudice.
Plaintiffs filed a Motion for Reconsideration in April 2019, which
Popular timely opposed. In September 2019, the court issued an
Amended Opinion and Order dismissing plaintiffs' claims against all
defendants, denying the reconsideration requests and other pending
motions, and issuing final judgment.
In October 2019, plaintiffs filed a Motion for Reconsideration of
the court's Amended Opinion and Order, which was denied in December
2019. In January 2020, plaintiffs filed a Notice of Appeal to the
U.S. Court of Appeals for the First Circuit. Plaintiffs filed their
appeal brief in July 2020, Appellees filed their brief in September
2020, and Appellants filed their reply brief in January 2021.
Popular, Inc. is a diversified, publicly-owned financial holding
company subject to the supervision and regulation of the Board of
Governors of the Federal Reserve System. The Corporation has
operations in Puerto Rico, the mainland United States and the U.S.
and British Virgin Islands.
BAPTIST HEALTH: Dunn Files Suit in N.D. Alabama
-----------------------------------------------
A class action lawsuit has been filed against Baptist Health
Centers LLC, et al. The case is styled as Mark Dunn, Christopher
Yates, Micah Jones, Melvin Elliott, Susan Carew, Jimmy Tolleson,
Samuel Lee, individually and on behalf of all others similarly
situated v. Baptist Health Centers LLC, B.W. Cardiology LLC,
Brookwood Baptist Health 1 LLC, Brookwood Baptist Health 2 LLC,
Brookwood Baptist Health 3 LLC doing business as: Cardiovascular
Associates, Tenet Healthcare Corporation, Case No.
2:23-cv-01417-SGC (N.D. Alaa., Oct. 19, 2023).
The nature of suit is stated as Other Contract for Breach of
Fiduciary Duty.
Baptist Health Centers, LLC -- https://www.baptistfirst.org/ --
provides healthcare services.[BN]
The Plaintiffs are represented by:
Austin Brock Whitten, Esq.
Christopher T. Hellums, Esq.
Jonathan S. Mann, Esq.
Michael C. Bradley, Esq.
PITTMAN, DUTTON & HELLUMS, P.C.
2001 Park Place North, Ste. 1100
Birmingham, AL 35203
Phone: (205) 322-8880
Fax: (205) 328-2711
Email: austinw@pittmandutton.com
chrish@pittmandutton.com
jonm@pittmandutton.com
PDH-efiling@pittmandutton.com
- and -
Brett C. Thompson, Esq.
Frank Jerome Tapley, Esq.
Hirlye Ray Lutz, III, Esq.
CORY WATSON, PC
2131 Magnolia Ave. S., 2nd Floor
Birmingham, AL 35205
Phone: (205) 328-2200
Fax: (205) 324-7896
Email: bthompson@corywatson.com
jtapley@corywatson.com
rlutz@corywatson.com
- and -
Jason R. Rathod
WHITFIELD BRYSON & MASON LLP
1625 Massachusetts Avenue, Nw Suite 605
Washington, DC 20036
Phone: (202) 429-2290
Fax: (202) 429-2294
Email: jrathod@wbmllp.com
The Defendants are represented by:
F. Daniel Wood, Jr.,
THE KULLMAN FIRM
600 University Park Place, Suite 340
Birmingham, AL 35209
Phone: (205) 871-5858
Fax: (205) 871-5874
Email: fdw@kullmanlaw.com
- and -
Setara C. Foster
MOORE, YOUNG, FOSTER & HAZELTON, LLP
1122 Edenton Street
Birmingham, AL 35242
Phone: (205) 879-8722
Fax: (205) 879-8831
Email: sco@kullmanlaw.com
BARBOURVILLE NURSING: Filing for Class Cert Bid Due April 30, 2024
------------------------------------------------------------------
In the class action lawsuit captioned as HELEN HAMILTON, et al., v.
BARBOURVILLE NURSING HOME, INC., et al., Case No.
6:23-cv-00131-REW-HAI (E.D. Ky.), the Hon. Judge Hanly A. Ingram
entered a scheduling order as follows:
1. The parties shall exchange initial Oct. 30, 2023
Rule 26(a)(1) disclosures by:
2. The Plaintiff shall file her motion April 30, 2024
for class certification by:
3. The parties shall have up to and including March 15, 2024, in
which to amend pleadings or to join parties.
4. Per Rule 26(a)(2), no later than March 15, 2024, Plaintiff
shall
disclose the identity of expert witnesses who may be used at
trial, accompanied by written reports signed by the Rule
26(a)(2)(B) expert witnesses and/or written summaries
consistent
with Rule 26(a)(2)(C), as applicable, all compliant with the
rule. These disclosures need not be filed in the Court record.
5. No later than April 30, 2024, Defendant shall provide same.
6. Disclosure of rebuttal experts shall be completed by May 31,
2024..
7. All fact discovery shall be completed on or before April 30,
2024.
8. All expert discovery shall be completed on or before October
14,
2024.
Barbourville provides 24-hour nursing care and long and short term
rehablilitation services.
A copy of the Court's scheduling order dated Oct. 17, 2023 is
available from PacerMonitor.com at https://bit.ly/47dYm43 at no
extra charge.[CC]
BASSETT FURNITURE: Myers Files Suit in W.D. Virginia
----------------------------------------------------
A class action lawsuit has been filed against Bassett Furniture
Industries, Inc. The case is styled as Leigh Myers, individually
and on behalf of all others similarly situated v. Bassett Furniture
Industries, Inc., Case No. 4:23-cv-00026-TTC (W.D. Va., Oct. 17,
2023).
The nature of suit is stated as Other P.I. for Breach of Fiduciary
Duty.
Bassett Furniture Industries -- https://www.bassettfurniture.com/
-- is a furniture manufacturer and retailer, headquartered in
Bassett, Virginia.[BN]
The Plaintiff is represented by:
Ian Edward Vance, Esq.
MAGINNIS HOWARD
7706 Six Forks Rd, Suite 101
Raleigh, NC 27615
Phone: (919) 526-0450
Email: ivance@maginnishoward.com
BELIMED INC: Garcia Sues Over Failure to Pay Compensations
----------------------------------------------------------
Javier Garcia, individually and on behalf of all other Aggrieved
Employees v. BELIMED INC., a Florida Stock Corporation, and DOES 1
through 50, inclusive, Case No. 23STCV24911 (Cal. Super. Ct., Los
Angeles Cty., Oct. 12, 2023), is brought pursuant to the California
Labor Code Private Attorneys General Act of 2004 as a result of the
Defendants failure to pay the Plaintiff proper compensations.
The Defendants failed to provide employment records in violation of
Labor Code; failed to pay overtime and double time in violation of
Labor Code and the applicable Wage Orders; failed to provide rest
and meal periods in violation of Labor Code and the applicable Wage
Orders; failed to pay minimum wage in violation of Labor Code and
the applicable Wage Orders; failed to keep accurate payroll records
and provide itemized wage statements in violation of Labor Code,
and the applicable Wage Orders; failed to pay reporting time wages
in violation of California Code of Regulations Title 8; failed to
pay split shift wages in violation of California Code of
Regulations; failed to pay all wages earned on time in violation of
Labor Code; failed to pay all wages earned 5 upon discharge or
resignation in violation of Labor Code; failed to reimburse
necessary, business related expenses in violation of Labor Code;
failed to provide notice of paid sick time and accrual in violation
of Labor Code; employers, and individuals acting on behalf of
employers, violating or causing to be violated a section of the
Labor Code or any Wage Order in violation of Labor Code, says the
complaint.
The Plaintiff was hired by the Defendants with the job title of
Field Service Technician on or about September 9, 2015 and received
a final paycheck from the Defendants on or about February 22,
2022.
BELIMED INC. is a Florida Stock Corporation, licensed to do
business and actually doing business in the State of
California.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Melissa Robinson, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
melissa@hbklawyers.com
BESOS RESTAURANT: Underpays Restaurant Staff, Chavez Suit Says
--------------------------------------------------------------
GABRIELA LOPES CHAVEZ and LUZ MARIA HUARCA SEDANO, individually and
on behalf of all others similarly situated, Plaintiffs v. BESOS
RESTAURANT BAR & LOUNGE CORP and YISSELA GUARDIA SPILCUETA,
Defendants, Case No. 1:23-cv-09196 (S.D.N.Y., October 19, 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
spread-of-hours compensation, failure to furnish accurate wage
statements, and failure to furnish accurate wage notices.
Plaintiffs Chavez and Sedano were employed at the Defendants'
restaurant from February 1, 2023 until July 23, 2023, and from May
19, 2023 until July 23, 2023, respectively.
Besos Restaurant Bar & Lounge Corp is a restaurant owner and
operator, with a principal executive office at 1663 Jerome Avenue,
Bronx, New York. [BN]
The Plaintiffs are represented by:
Janelle J. Romero, Esq.
GEN ESQ LAW PLLC
515 Madison Ave., #8140
New York, NY 10022
Telephone: (201) 503-7754
E-mail: janelle@genesqlaw.com
BEYOND FINANCE: Bradford Files TCPA Suit in S.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against Beyond Finance, LLC.
The case is styled as Radley Bradford, individually and on behalf
of all others similarly situated v. Beyond Finance, LLC doing
business as: Beyond Finance, Case No. 3:23-cv-01904-LL-AHG (S.D.
Cal., Oct. 18, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Beyond Finance -- https://www.beyondfinance.com/ -- is a
next-generation fintech company with a mission to help people
escape crippling debt and achieve financial freedom.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Mona Amini, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Avenue Suite D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: ak@kazlg.com
mona@kazlg.com
- and -
David James McGlothlin
KAZEROUNI LAW GROUP, APC
301 E. Bethany Home Road, Suite C 195
Phoenix, AZ 85012
Phone: (602) 265-3332
Email: david@kazlg.com
BLUESTONE COKE: Fowler Sues Over Unprovided Written Notice
----------------------------------------------------------
Randal Fowler and Rickie McConnico, individually and on behalf of
similarly situated persons v. Bluestone Coke, LLC, Bluestone Coal,
Corp., and Bluestone Resources, Inc., Case No. 2:23-cv-01418-JHE
(N.D. Ala., Oct. 19, 2023), is brought pursuant to the Worker
Adjustment and Retraining Notification ("WARN") Act as a result of
the Defendants' failure to provide written notice to the affected
laid-off employees.
On October 24, 2021, Bluestone Coke announced that it was
temporarily idling operations at its Birmingham, Alabama facility.
On October 24, 2021, Bluestone Coke laid off at least 20 employees
from its Birmingham, Alabama facility. On November 12, 2021,
Bluestone Coke laid off at least 60 employees from its Birmingham,
Alabama facility and ceased all production.
In total, Bluestone Coke laid off over 80 employees within a 30-day
period. This was at least 33 percent of the employees at the
Birmingham, Alabama facility. On November 12, 2021, Bluestone
stopped all production at the Birmingham plant. Bluestone has not
resumed operations at the Birmingham plant after ceasing production
on November 12, 2021.
The Company did not provide written notice to the affected
employees 60 days before laying off those employees. The Company
did not at any time provide written notice of the layoff to the
affected employees. As of the date of this filing, no laid-off
employees have been recalled to employment at Bluestone's
Birmingham, Alabama facility. The layoff and/or plant closure was
not caused by business circumstances that were not reasonably
foreseeable as of the time that notice would have been required.
The mass layoff and/or plant closure was not due to any form of
natural disaster, says the complaint.
The Plaintiffs are laid off employees of the Defendants.
Bluestone Coke operated a plant in Birmingham, Alabama.[BN]
The Plaintiff is represented by:
Quinn Connor Weaver, Esq.
DAVIES & ROUCO, LLP
2–20th Street North Suite 930
Birmingham, AL 35203
Phone: 205-870-9989
Email: rrouco@qcwdr.com
BQ OPERATIONS: Fails to Properly Pay Workers, Gonzalez Suit Claims
------------------------------------------------------------------
JULIA LAMAS GONZALEZ, on behalf of herself and all others similarly
situated, Plaintiff v. BQ OPERATIONS HOLDINGS, LLC and DOES 1
through 100, Defendants, Case No. 23SMCV04919 (Cal. Super., Los
Angeles Cty., October 19, 2023) is a class action against the
Defendants for violations of the California Labor Code and the
Unfair Competition Law including failure to provide compliant rest
periods, failure to pay all overtime owed, failure to reimburse
work-related expenses, failure to provide accurate wage statement,
waiting time penalties, and unfair business practices.
The Plaintiff was employed by the Defendants from July 1, 2019, to
February 25, 2022.
BQ Operations Holdings, LLC is an owner and operator of skilled
nursing facilities, with its principal place of business located in
Los Angeles County, California. [BN]
The Plaintiff is represented by:
Manny Starr, Esq.
Daniel Ginzburg, Esq.
FRONTIER LAW CENTER
23901 Calabasas Road, Suite 1084
Calabasas, CA 91302
Telephone: (818) 914-3433
Facsimile: (818) 914-3433
E-mail: manny@frontierlawcenter.com
dan@frontierlawcenter.com
BREEZY TREES: Has Made Unsolicited Calls, Furman Suit Claims
------------------------------------------------------------
MELISSA FURMAN, individually and on behalf of all others similarly
situated, Plaintiff v. BREEZY TREES BOTANICAL, INC., Defendant,
Case No. 0:23-cv-61994 (S.D. Fla., Oct. 18, 2023) seeks to stop the
Defendants' practice of making unsolicited calls pursuant to the
Telephone Consumer Protection Act.
BREEZY TREES BOTANICAL, INC. specializes in Kratom powders,
capsules, and extracts, enhancing well-being with nature's finest
offerings. [BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
-and-
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD FRIEDMAN
21031 Ventura Blvd., Ste. 340
Woodland Hills, CA 91364
Telephone: (818) 619-3774
Email: abacon@toddflaw.com
BROCK PIERCE: Rowan Seeks to Seal Confidential Information
----------------------------------------------------------
In the class action lawsuit captioned as NATHAN ROWAN,
individually, and on behalf of all others similarly situated, v.
BROCK PIERCE, an individual, Case No. 3:20-cv-01648-RAM (D.P.R.),
the Plaintiff asks the Court to enter an order allowing him leave
to file under seal confidential information cited in support of
Plaintiff's reply to the renewed motion for class certification.
Pursuant to the Stipulated Protective Order, Brock Pierce's
campaign, Media Mash, Aristotle, and AT&T produced documents
designated as confidential and/or which contain personally
identifying information, including putative class member telephone
numbers.
The Plaintiff moves the Court to seal the confidential, personally
identifying information, and proprietary business records and
testimony regarding same.
A copy of the Plaintiff's motion dated Oct. 18, 2023 is available
from PacerMonitor.com at https://bit.ly/40jqFfb at no extra
charge.[CC]
The Plaintiff is represented by:
Jairo Mellado-Villarreal, Esq.
Hector Orejuela-Davila, Esq.
MELLADO & MELLADO-VILLARREAL
165 Ponce de Leon Ave., Suite 102
San Juan, PR 00917
Telephone: (787) 767-2600
Facsimile: (787) 767-2645
E-mail: jmellado@mellado.com
horejuela@mellado.com
- and -
Stefan Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, P.A.
201 S. Biscayne Blvd, 28th FL
Miami, FL 33131
Telephone: (877) 333-9427
Facsimile: (888) 498-8946
E-mail: law@stefancoleman.com
- and -
Avi R. Kaufman, Esq.
E-mail: kaufman@kaurmanpa.com
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
KAUFMAN P.A.
C.R. ENGLAND: Cantu Suit Removed to W.D. Wisconsin
--------------------------------------------------
The case captioned as Robert Cantu, an individual and on behalf of
all others similarly situated v. C.R. ENGLAND, INC., a Utah
Corporation, and DOES 1-100, inclusive, Case No. CIV SB 2305700 was
removed from the Superior Court of the State of California, County
of San Bernardino, to the United States District Court for the
Western District of Wisconsin on Oct. 17, 2023, and assigned Case
No. 5:23-cv-02126.
In the Complaint, Plaintiff alleges, among other things, that C.R.
England failed to pay overtime wages under California Labor Code
("Labor Code"); failed to pay minimum wages pursuant to Labor Code;
failed to provide meal periods in accordance with Labor Code and to
pay one additional hour of pay for each workday that meal periods
were not provided as required by Labor Code; failed to provide rest
periods as required by applicable Wage Orders and to pay one
additional hour of pay for each workday that rest periods were not
provided as required by Labor Code; failed to pay timely wages in
violation of Labor Code; failed to provide accurate itemized wage
statements in violation of Labor Code § 226 (the "Wage Statement
Claim"); failed to pay timely wages during employment in violation
of Labor Code; failed to reimburse necessary business expenses in
violation of Labor Code; failed to pay unused vested vacation days
upon resignation or termination under Labor Code; and violated
California's Unfair Competition Law.[BN]
The Defendants are represented by:
Drew R. Hansen, Esq.
Seth M. Goldstein, Esq.
NOSSAMAN LLP
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
Phone: 949.833.7800
Facsimile: 949.833.7878
Email: dhansen@nossaman.com
sgoldstein@nossaman.com
C4 PROTECTION: Elliott Sues Over Unpaid Minimum, Overtime Wages
---------------------------------------------------------------
Victor Elliott, and other similarly situated v. C4 PROTECTION
SERVICES; COZINE ENTERPRISES INC.; ROBERT COZINE; ESMERALDA COZINE;
and DOES 1 to 25, inclusive, Case No. 23STCV25406 (Cal. Super. Ct.,
Los Angeles Cty., Oct. 18, 2023), is brought against the Defendants
for violations of the California Labor Code for failure to pay
minimum and overtime wages.
The Defendants failed to compensate for all hours worked; failed to
pay minimum wages; failed to pay overtime failed to provide
accurate itemized wage statements; failed to pay wages owed every
pay period; failed to pay wages when employment ends; failed to
give rest breaks; failed to give meal breaks; failed to reimburse
for business expenses all in violation of California Business and
Professions Code and the Private Attorneys General Act ("PAGA"),
says the complaint.
The Plaintiff started working at C4 PROTECTION on late 2022 or
early 2023 as a security guard..
C4 PROTECTION SERVICES is a business entity, form unknown, doing
business in Los Angeles County, California.[BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Phone: (818) 484-6531
Facsimile: (818) 956-1983
CALL FEDERAL: Garrett Files Suit in E.D. Virginia
-------------------------------------------------
A class action lawsuit has been filed against Call Federal Credit
Union. The case is styled as Ashley Garrett, on behalf of herself
and all others similarly situated v. Call Federal Credit Union,
Case No. 3:23-cv-00678 (E.D. Va., Oct. 18, 2023).
The nature of suit is as Other Contract for Electronic Fees
Transfer Act.
Call Federal -- https://callfederal.org/ -- provides passionately
local banking by building relationships that help people reach
their goals and improve their financial health.[BN]
The Plaintiff is represented by:
Devon James Munro, Esq.
MUNRO BYRD P.C.
120 Day Ave. SW, First Floor
Roanoke, VA 24016
Phone: (540) 283-9343
Fax: (540) 328-9290
Email: dmunro@trialsva.com
CANOO INC: Blake Suit Transferred to D. Utah
--------------------------------------------
The case captioned as Samuel Blake, individually and on behalf of
all others similarly situated v. CANOO INC., TONY AQUILA, ULRICH
KRANZ, and PAUL BALCIUNAS, Case No. 2:21-cv-02873 was transferred
from the U.S. District Court for the Central District of
California, to the U.S. District Court for the District of Utah on
Oct. 17, 2023.
The District Court Clerk assigned Case No. 2:23-cv-00739-DBB to the
proceeding.
The nature of suit is stated as Securities/Commodities.
Canoo -- https://www.canoo.com/ -- is an American automotive
startup based in Torrance, California, that develops and
manufactures electric vehicles.[BN]
The Plaintiff is represented by:
Nicole Lavallee, Esq.
Jeffrey V. Rocha, Esq.
BERMAN TABACCO
44 Montgomery Street, Suite 650
San Francisco CA 94104
Phone: (415) 433-3200
Facsimile: (415) 433-6382
Email: nlavallee@bermantabacco.com
jrocha@bermantabacco.com
The Defendant is represented by:
Michael Thomas Dierkes, Esq.
OFFICE OF THE ILLINOIS ATTORNEY GENERAL
100 West Randolph
Chicago, IL 60603
Phone: (312) 814-3672
Fax: (312) 814-4425
Email: michael.dierkes@ilag.gov
CARGILL MEAT: Filing for Class Certification Bid Due April 22, 2024
-------------------------------------------------------------------
In the class action lawsuit captioned as RICHARD MARIN, SAMANTHA
LOPEZ, individually and on behalf of all others similarly situated,
v. CARGILL MEAT SOLUTIONS CORPORATION, a Delaware Corporation; and
DOES 1-50, Inclusive, Case No. 1:22-cv-00578-ADA-SKO (E.D. Cal.),
the Hon. Judge Sheila K. Oberto entered an order granting
modification of plaintiffs' motion for class certification deadline
and related deadlines as follows:
-- Class Certification Discovery Cut-Off: March 19, 2024
-- Plaintiffs' deadline to file Motion April 22, 2024
for Class Certification:
-- Defendant's deadline to file its May 27, 2024
Opposition:
-- Plaintiff's deadline to file June 25, 2024
their Reply:
-- Hearing on Plaintiffs' Motion for Aug. 8, 2024
Class Certification:
Cargill operates as a processor and distributor of fresh beef,
pork, turkey, and cooked and marinated meats.
A copy of the Court's order dated Oct. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/48W1AdZ at no extra charge.[CC]
The Plaintiffs are represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
Michael@jameshawkinsaplc.com
The Defendant is represented by:
Jason E. Barsanti, Esq.
Brett Greving, Esq.
COZEN O'CONNOR
501 W. Broadway, Suite 1610
San Diego, CA 92101
Telephone: (619) 234-1700
Facsimile: (619) 234-7831
E-mail: jbarsanti@cozen.com
bgreving@cozen.com
CBL & ASSOCIATES: Haynes Suit Voluntarily Dismissed
---------------------------------------------------
CBL & Associates Properties, 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 January 12,
2023, a purported shareholder filed a putative class action lawsuit
captioned "John Haynes v. Charles B. Lebovitz, et al., C.A. No.
2023-0033-NAC," in the Delaware Court of Chancery, naming the
company and certain directors as defendants. This was voluntarily
dismissed on February 15, 2023.
Case alleged a claim against the company for violation of Delaware
General Corporation Law § 213(a) due to an improper record date
for the 2022 annual meeting, and a claim for breach of fiduciary
duty against the director defendants. It sought, among other
things, a declaration that the directors breached their fiduciary
duties, an equitable accounting, unspecified monetary relief, and
attorneys' fees. Defendants denied that any such relief was
warranted.
CBL & Associates Properties, Inc. is a self-managed,
self-administered, fully-integrated real estate investment trust
that is engaged in the ownership, development, acquisition,
leasing, management and operation of regional shopping malls,
outlet centers, lifestyle centers, open-air centers, office
buildings and other properties, including single-tenant and
multi-tenant parcels. Its properties are located in 22 states, but
are primarily in the southeastern and midwestern United States.
CBL & ASSOCIATES: Settlement in Securities Suit Gets Initial Nod
----------------------------------------------------------------
CBL & Associates Properties, 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 24, 2023,
the court entered an order preliminarily approving the proposed
settlement of consolidated case "In re CBL & Associates Properties,
Inc. Securities Litigation, 1:19-cv-00149-JRG-CHS," subject to a
final fairness hearing in August 2023.
The company and certain of its officers and directors were named as
defendants in three putative securities class action lawsuits, each
filed in the United States District Court for the Eastern District
of Tennessee, on behalf of all persons who purchased or otherwise
acquired the company's securities during a specified period of
time. Those cases were consolidated on July 17, 2019. A
consolidated amended complaint was filed on November 5, 2019,
seeking to represent a class of purchasers from July 29, 2014
through March 26, 2019.
The operative complaint filed in the securities class action
litigation alleges violations of the securities laws, including,
among other things, that the defendants made certain materially
false and misleading statements and omissions regarding the
Company’s contingent liabilities, business, operations, and
prospects during the period of time specified above. The plaintiffs
seek compensatory damages and attorneys' fees and costs, among
other relief, but have not specified the amount of damages sought.
On May 3, 2022, the court dismissed the company from the securities
class action litigation but declined to dismiss the individual
defendants. The court also lifted the stay of the proceedings and,
on June 9, 2022, entered a scheduling order. Plaintiffs’ motion
for class certification, which was opposed, was fully briefed and
pending as of December 31, 2022.
Following mediation on January 31, 2023, before a private mediator,
the parties reached an agreement in principle to resolve the
securities class action litigation, subject to documentation and
court approval. On April 19, 2023, plaintiffs submitted the
settlement to the court as part of an Unopposed Motion for
Preliminary Approval of Class Action Settlement.
CBL & Associates Properties, Inc. is a self-managed,
self-administered, fully-integrated real estate investment trust
that is engaged in the ownership, development, acquisition,
leasing, management and operation of regional shopping malls,
outlet centers, lifestyle centers, open-air centers, office
buildings and other properties, including single-tenant and
multi-tenant parcels. Its properties are located in 22 states, but
are primarily in the southeastern and midwestern United States.
CHARLES RIVER: Faces Suit Over Sexual Assault Against Patients
--------------------------------------------------------------
JANE DOE, on behalf of herself and all others similarly situated,
Plaintiffs v. DERRICK TODD, M.D., CHARLES RIVER MEDICAL ASSOCIATES,
P.C., THE BRIGHAM AND WOMEN'S HOSPITAL, INC., BRIGHAM AND WOMEN'S
FAULKNER HOSPITAL, INC., BRIGHAM AND WOMEN'S PHYSICIANS
ORGANIZATION, INC., MASS GENERAL BRIGHAM COMMUNITY PHYSICIANS,
INC., MASS GENERAL BRIGHAM INCORPORATED, JOSEPH HARRINGTON, M.D.,
VINAY KUMAR, M.D., PAIGE MEISHEID, M.D., DOUGLAS GRONDA, M.D., and
JOHN/JANE DOES # 1 -10, Defendants, Case No. ______ (Mass. Super.,
Suffolk Cty., October 13, 2023) arises from the Defendants' sexual
assault and negligence committed against their patients.
The Plaintiff alleges that Defendant Dr. Derrick Todd performed
inappropriate pelvic examinations, breast examinations, and rectal
examinations on patients and asserts that these examinations were
performed for Todd's own sexual gratification. Among other things,
Plaintiff condemns the corporate defendants' negligent failure to
keep patients free from inappropriate bodily examinations of
patients by Dr. Derrick Todd.
Derrick Todd, M.D. was a practicing physician, primarily in the
specialty of rheumatology. From 2009 through July, 2023, Dr. Todd
was in clinical practice providing direct patient care at Brigham
and Women's Hospital and Brigham and Women's Faulkner Hospital as a
physician in the Division of Rheumatology, Inflammation, and
Immunity. From 2010 through July, 2023, Dr. Todd was in clinical
practice providing direct patient care at Charles River Medical
Associates, P.C. as a rheumatologist. [BN]
The Plaintiff is represented by:
Jonathan D. Sweet, Esq.
Patrick J. Nelligan, Esq.
KECHES LAW GROUP, P.C.
2 Granite Ave. Suite 400
Milton, MA 02186
Telephone: (508) 821-4387
Facsimile: (508) 822-8022
E-mail: jsweet@kecheslaw.com
pnelligan@kecheslaw.com
CHEGG INC: Foulkes Sues Over Unlawful Disclosure of Data
--------------------------------------------------------
Michael Foulkes, individually and on behalf of all others similarly
situated v. CHEGG, INC., Case No. 1:23-cv-23993-XXXX (S.D. Fla.,
Oct, 19, 2023), is brought under the Video Privacy Protection Act
("VPPA"), arising from Defendant's practice of knowingly disclosing
to Meta Platforms, Inc. ("Facebook"), information which identifies
Plaintiff and the putative Class Members as having requested or
obtained specific video materials or services from Defendant.
The Defendant embedded within its website a "Meta Pixel" that was
provided to Defendant by Facebook. That pixel tracked Plaintiff's
and the Class Members' video viewing history while on Defendant's
website and reported the viewing history to Facebook along with
Plaintiff's and the Class Members' unique Facebook Identification
numbers. The Defendant knowingly violated the VPPA by embedding the
Meta Pixel within its website and by sharing Plaintiff's and the
Class Members' video viewing history.
The Defendant shared Plaintiff's and the Class Members' video
viewing history without providing any notification to Plaintiff and
the Class Members, and without Plaintiff's and the Class Members'
informed, written consent. The Defendant's unlawful conduct caused
Plaintiff and the Class members concrete harm and injuries,
including violations of their substantive legal privacy rights
under the VPPA and invasion of their privacy, says the complaint.
The Plaintiff is subscriber of goods or services provided by
Defendant.
The Defendant is a "video tape service provider" because it is
engaged in the business of delivering audio visual materials
through its website and/or mobile application.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 S.E. 6TH Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (954) 628-5793
Fax: (954) 507-9974
Email: jibrael@jibraellaw.com
- and -
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E Las Olas Blvd., Suite 120
Fort Lauderdale, FL 33301
Phone: (954) 533-4092
Email: meisenband@eisenbandlaw.com
CHELLA LUNA: Fajardo Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------
Angel Fajardo, on behalf of himself and other similarly situated v.
CHELLA LUNA INC (DBA SUGAR FREAK), ADDEO FOOD CORP and MICHELE
ADDEO, individually, Case No. 1:23-cv-07812 (E.D.N.Y., Oct. 19,
2023), is brought against the Defendant for unpaid minimum wages,
failure at recordkeeping, and unpaid overtime wages pursuant to the
Fair Labor Standards Act ("FLSA"), the New York Labor Law ("NYLL")
as recently amended by the Wage Theft Prevention Act ("WTPA"), and
related provisions from Title 12 of New York Codes, Rules, and
Regulations ("NYCRR").
The Defendants were required, under relevant New York State law, to
pay and compensate Plaintiff at a minimum rate of $15.00 per hour
(the "minimum wage"); however, Plaintiff was only compensated at a
rate of $14 per hour. The Defendants were required, under relevant
New York State law, to compensate Plaintiff with overtime pay at
one and one-half the regular rate for work in excess of 40 hours
per work week. However, despite such mandatory pay obligations,
Defendants only compensated Plaintiff at a rate of $14 per hour.
Defendants failed to pay Plaintiff his lawful overtime pay for that
period from 2017 until October 2, 2023, when he worked well in
excess of 40 hours per workweek. The Plaintiff also brings this
action under the Wage Theft Prevention Act for Defendants' failure
to provide written notice of wage rates in violation of said laws,
says the complaint.
The Plaintiff was employed primarily as a kitchen assistant.
CHELLA LUNA INC (DBA SUGAR FREAK), ADDEO FOOD CORP is, upon
information and belief, a duly organized New York Corporation.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL PC
42 Broadway, 12th Floor
New York, NY 10004
Phone: 212-203-2417
Web: www.StillmanLegalPC.com
CHEMOCENTRYX INC: Must Oppose Homyk Class Cert Bid by Nov. 22
--------------------------------------------------------------
In the class action lawsuit captioned as JONNIE HOMYK, Individually
and on Behalf of All Others Similarly Situated, v. CHEMOCENTRYX,
INC. and THOMAS J. SCHALL, Case No. 4:21-cv-03343-JST (N.D. Cal.),
the Hon. Judge Jon. S. Tigar entered an order modifying class
certification briefing schedule and hearing date as follows:
1. Defendants shall file and serve their Nov. 22, 2023
opposition to the Motion for Class
Certification no later than:
2. Lead Plaintiff shall file and serve Jan. 23, 2024.
its reply in support of the Motion for
Class Certification no later than:
3. The hearing on Lead Plaintiff's Motion Feb. 15, 2024
for Class Certification shall be
continued to:
ChemoCentryx is a clinical-stage biopharmaceutical company.
A copy of the Court's order dated Oct. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/49avmfg at no extra charge.[CC]
The Plaintiff is represented by:
Salvatore Graziano, Esq.
Abe Alexander, Esq.
Stephen Boscolo, Esq.
Jonathan D. Uslaner, Esq.
Lauren M. Cruz, Esq.
Caitlin C. Bozman, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: salvatore@blbglaw.com
abe.alexander@blbglaw.com
stephen.boscolo@blbglaw.com
jonathanu@blbglaw.com
lauren.cruz@blbglaw.com
caitlin.bozman@blbglaw.com
The Defendants are represented by:
Colleen C. Smith, Esq.
Michele D. Johnson, Esq.
Meryn C. N. Grant, Esq.
LATHAM & WATKINS LLP
650 Town Center Drive, 20th Floor
Costa Mesa, CA 92626-1925
Telephone: (714) 540-1235
Facsimile: (714) 755-8290
E-mail: Michele.Johnson@lw.com
colleen.smith@lw.com
meryn.grant@lw.com
CLEANSPARK INC: Bishins Securities Suit Ongoing
-----------------------------------------------
CleanSpark, 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 "Bishins v.
CleanSpark, Inc. et al." is moving forward in discovery the United
States District Court for the Southern District of New York.
On January 20, 2021, Scott Bishins, individually, and on behalf of
all others similarly situated, filed a class action complaint
against the Company, its Chief Executive Officer, Zachary Bradford,
and its Chief Financial Officer at the time, Lori Love. The Class
Complaint alleged that, between December 31, 2020 and January 14,
2021, the company, Bradford, and Love "failed to disclose to
investors that the company had overstated its customer and contract
figures, that several of the company's recent acquisitions involved
undisclosed related party transactions and that, as a result of the
foregoing, defendants' positive statements about the company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis.
It sought certification of the class, an award of compensatory
damages to the Class and an award of reasonable costs and expenses
incurred in the litigation.
On December 2, 2021, the Court appointed Darshan Hasthantra as lead
Plaintiff and Glancy, Prongay and Murray LLP as class counsel.
Hasthantra filed an Amended Complaint on February 28, 2022. In the
Amended Class Complaint, Love is no longer a defendant and S.
Matthew Schultz. The Amended Class Complaint alleges that, between
December 10, 2020 and August 16, 2021, defendants made material
misstatements and omissions regarding the company's acquisition of
ATL Data Centers LLC and its anticipated expansion of bitcoin
mining operations. In particular, Plaintiffs allege that defendants
were misleading in their various public announcements related to
the timeline for expanding ATL's mining capacity and failed to
disclose other material conditions purportedly related to the
company's acquisition of ATL, including that an ATL predecessor had
filed for bankruptcy about six months prior to the acquisition,
that another bitcoin miner had declined to acquire ATL, and that a
related party had performed an audit of ATL for the Company.
The Amended Class Complaint seeks certification of the class, an
award of compensatory damages to the Class, and an award of
reasonable costs and expenses incurred by the Class in the
litigation.
To date, no class has been certified in the Class Action.
The company filed its Motion to Dismiss on April 28, 2022. The
Motion to Dismiss sought dismissal of all claims asserted in the
Amended Class Complaint with prejudice and without leave to amend
on the grounds that plaintiffs failed to state a claim upon which
relief can be granted under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and SEC Rule 10b-5 promulgated
thereunder. Plaintiffs filed their opposition on June 27, 2022.
Defendants' reply in further support of their Motion to Dismiss was
filed on August 11, 2022. The Motion to Dismiss was denied on
January 5, 2023. On February 15, 2023, the company filed its answer
responding to plaintiffs' claims and asserting affirmative
defenses.
CleanSpark is a bitcoin mining company that independently owns and
operates five data centers in Georgia.
CLOOPEN GROUP: $12MM Class Settlement to be Heard on Jan. 23
------------------------------------------------------------
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION
SONNY ST. JOHN, :
Individually and on :
Behalf of All Others : Index No.
652617/2021
Similarly Situated, :
Plaintiff, :
v. : Part 53: Hon.
Andrew Borrok
CLOOPEN GROUP HOLDING :
LIMITED, CHANGXUN SUN, :
YIPENG LI, KUI ZHOU, :
QINGSHENG ZHENG, :
XIAODONG LIANG, ZI :
YANG, MING LIAO, FENG :
ZHU, LOK YAN HUI, :
JIANHONG ZHOU, CHING :
CHIU, COGENCY GLOBAL :
INC., COLLEEN A. :
DEVRIES, GOLDMAN SACHS :
(ASIA) L.L.C., :
CITIGROUP GLOBAL :
MARKETS INC., CHINA :
INTERNATIONAL CAPITAL :
CORPORATION HONG KONG
SECURITIES LIMITED,
TIGER BROKERS (NZ)
LIMITED, and FUTU, INC.
Defendants.
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION AND PROPOSED
SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING;
AND (III) MOTION FOR ATTORNEYS' FEES AND LITIGATION EXPENSES
TO: All persons and entities who purchased or otherwise acquired
the publicly traded American Depositary Shares of Cloopen Group
Holding Limited ("Cloopen") (NYSE ticker symbol: "RAAS") pursuant
or traceable to the Offering Documents and/or during the period
between February 9, 2021 (the date of the IPO) and May 10, 2021,
inclusive (the "Class Period") and were damaged thereby (the
"Settlement Class")(1) :
PLEASE READ THIS NOTICE CAREFULLY, YOUR RIGHTS MAY BE AFFECTED BY A
CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Article 9 of the New York
Civil Practice Law and Rules and an Order of the Supreme Court of
the State of New York, New York County, Commercial Division (the
"Court"), that the above-captioned litigation (the "Action") is
pending in the Court.
YOU ARE ALSO NOTIFIED that the plaintiff in this Action, Sonny St.
John (the "State Plaintiff"), together with lead plaintiff Guozhang
Wang (the "Federal Plaintiff") in a related action captioned Dong
v. Cloopen Group Holding Limited, et. al., Case No.
1:21--cv--10610-JGK (S.D.N.Y.) (the "Federal Action"), have reached
a proposed settlement of both Actions for $12,000,000 in cash on
behalf of the Settlement Class, that, if approved, will resolve all
claims in both Actions.
A hearing will be held on January 23, 2024 at 10:30 a.m. Eastern
Time, before the Honorable Andrew Borrok, either in person at the
New York County Courthouse, Courtroom 238, 60 Centre Street, New
York, NY 10007, or by telephone or videoconference (at the
discretion of the Court). At the hearing, the Court will 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 of Settlement dated as
of August 16, 2023 (and in the Notice) should be granted; (iii)
whether the proposed Plan of Allocation should be approved as fair
and reasonable; and (iv) whether Plaintiffs' Counsel's application
for an award of attorneys' fees and reimbursement of litigation
expenses should be approved. Please check the settlement website to
confirm that hearing date.
If you are a member of the Settlement Class (a "Settlement Class
Member"), your rights will be affected by the pending Action and
the Settlement, and you may be entitled to share in the Settlement
Fund. If you have not yet received the Notice and Claim Form, you
may obtain copies of these documents by contacting the Claims
Administrator, c/o A.B. Data P.O. Box 173025, Milwaukee, WI 53217,
1-866-778-9470. Copies of the Notice and Claim Form can also be
downloaded from the website maintained by the Claims Administrator
at www.CloopenSecuritiesLitigation.com.
If you are a Settlement Class Member, to be eligible to receive a
payment under the proposed Settlement, you must submit a Claim Form
postmarked (if mailed), or online, no later than
February 14, 2024, in accordance with the instructions set forth in
the Claim Form. 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 releases, judgments, or orders
entered by the Court in the Action.
If you are a Settlement Class Member and wish to exclude yourself
from the Settlement Class, you must submit a request for exclusion
such that it is received no later than December 26, 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 Plaintiffs' Counsel's Fee and Expense Application,
must be filed with the Court and delivered to Class Counsel and
Defendant Cloopen's Counsel such that they are received no later
than January 2, 2024, in accordance with the instructions set forth
in the Notice.
Please do not contact the Court, the Clerk's office, Cloopen, the
other Defendants, 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
Class Counsel or the Claims Administrator.
Inquiries may be made to the Claims Administrator at
www.CloopenSecuritiesLitigation.com, or to Settlement Class
Counsel:
SCOTT+SCOTT ATTYS AT LAW LLP
Max R. Schwartz, Esq.
The Helmsley Building
230 Park Ave., 17th Floor
New York, NY 10169
Tel: (800) 404-7770
BERGER MONTAGUE PC
Michael Dell'Angelo, Esq.
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Tel: (212) 875-3000
The Notice and Proof of Claim may be downloaded from the
www.CloopenSecuritiesLitigation.com or requested from the Claims
Administrator at:
Cloopen Securities Litigation
c/o A.B. Data
P.O. Box 173025
Milwaukee, WI 53217
1-866-778-9470
www.CloopenSecuritiesLitigation.com
By Order of the Court
Scott+Scott Attorneys At Law LLP
Berger Montague PC
(1) Certain persons and entities are excluded from the Settlement
Class by definition, as set forth in the long--form Notice of (I)
Pendency of Class Action and Proposed Settlement; (II) Settlement
Fairness Hearing; and (III) Motion for an Attorneys' Fees and
Litigation Expenses (the "Notice"), a copy of which may be
downloaded from the settlement website maintained by the Claims
Administrator at www.CloopenSecuritiesLitigation.com.
COACHELLA VALLEY WATER: HJTA Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against COACHELLA VALLEY
WATER DISTRICT. The case is styled as Howard Jarvis Taxpayers
Association, on behalf of itself, its members and all others
similarly situated v. Coachella Valley Water District, all persons
interested in the matter of CVWD's Adoption of Canal Water Rates
for Fiscal Year 2024 and all proceedings related thereto,
Respondents, Case No. CVRI2305556 (Cal. Super. Ct., Riverside Cty.,
Oct. 17, 2023).
The case type is stated as "Unlimited Civil Writ of Mandate."
The Coachella Valley Water District -- https://www.cvwd.org/ -- is
an independent special district formed in 1918, specifically to
protect and conserve local water sources in the Coachella
Valley.[BN]
The Plaintiff is represented by:
Jeffrey Lee Costell, Esq.
COSTELL & ADELSON LAW CORPORATION
100 Wilshire Blvd., Ste 700
Santa Monica, CA 90401-3602
Phone: 310-458-5959
Email: jlcostell@costell-law.com
COLUMBIA UNIVERSITY: Faces Doe Suit Over Sexual Abuse, Harassment
-----------------------------------------------------------------
JANE DOE #1236; JANE DOE #1252, individually and on behalf of all
others similarly situated, Plaintiffs v. COLUMBIA UNIVERSITY; THE
NEW YORK AND PRESBYTERIAN HOSPITAL; COLUMBIA PRESBYTERIAN MEDICAL
CENTER; COLUMBIA UNIVERSITY MEDICAL CENTER; COLUMBIA-PRESBYTERIAN
MEDICAL SUMMONS CENTER, EAST SIDE ASSOCIATES; EAST SIDE ASSOCIATES;
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK;
COLUMBIA UNIVERSITY COLLEGE OF PHYSICIANS AND SURGEONS;
PRESBYTERIAN HOSPITAL PHYSICIAN SERVICES ORGANIZATION, INC.;
COLUMBIA-CORNELL CARE, LLC; COLUMBIA CORNELL NETWORK PHYSICIANS,
INC.; SLOANE HOSPITAL FOR WOMEN; HAROLD E. FOX; JANE BOOTH;
PATRICIA CATAPANO; JOHN C. EVANKO; ROBERT HADDEN, ROBERT KELLY; LEE
GOLDMAN; and MARY D'ALTON, Defendants, Case No. 952117/2023 (N.Y.
Sup. Ct., October 19, 2023) is a class action against the
Defendants for violations of the Adult Survivors Act, the New York
City Victims of Gender-Motivated Violence Protection Law, the New
York State Human Rights Law, and the New York City Human Rights
Law; committing and enabling sexual harassment, predatory grooming,
sexual exploitation, sexual assault and sexual abuse; committing
and enabling criminal and civil sexual battery and sexual assault;
committing and enabling negligent and intentional infliction of
emotional distress; fraud, constructive fraud and fraudulent
concealment and breach of fiduciary duty; committing and enabling
negligence, and professional negligence; negligent supervision;
violation of mandatory duty to report professional misconduct;
negligent hiring, retention and ratification; failure to warn,
train or educate; gross negligence, wanton, willful and reckless
conduct; aiding and abetting; and false advertising.
According to the complaint, from in or about 1987, through
approximately 2012, the Defendants employed, contracted, hired,
managed, supervised, controlled, directed, oversaw, and/or led
Defendant Robert Hadden to provide gynecology and obstetrics
services and care to the Defendants' patients, including the
Plaintiffs. For over two decades, Mr. Hadden pretended to practice
medicine in the field of obstetrics & gynecology, while instead
engaging in a career of racketeering, sexual exploitation, sexual
abuse, and sex-trafficking of both minors and adults. During this
time, Mr. Hadden acted as a disgusting, sadistic, and perverted
sexual predator who used his esteemed and trusted position with
corporate defendants to sexually groom, exploit, abuse, rape,
molest, fondle, sodomize, and commit various acts of physical,
verbal, and sexual assault and battery on thousands of patients,
including the Plaintiffs and other Class members, all under the
pretense of providing legitimate, medically necessary, medical
care, while being aided and abetted by co-defendants and their
enablers, says the suit.
Columbia University is a university, located at 630 West 168th
Street, New York, New York.
The New York and Presbyterian Hospital is a non-profit corporation,
with its principal place of business located at 525 East 68th
Street, New York, New York.
Columbia Presbyterian Medical Center is a non-profit corporation,
with its principal place of business located at 525 East 68th
Street, New York, New York.
Columbia University Medical Center is a non-profit corporation,
with its principal place of business located at 630 West 168th
Street, New York, New York.
Columbia-Presbyterian Medical Summons Center, East Side Associates,
is a non-profit corporation, with its principal place of business
located at 622 West 168th Street, New York, New York.
East Side Associates is a non-profit corporation, with its
principal place of business located at 16th East 60th Street, Suite
408, New York, New York.
Columbia University College of Physicians and Surgeons is a
non-profit corporation, with its principal place of business
located at 630 West 168th Street, New York, New York.
Presbyterian Hospital Physician Services Organization, Inc. is a
non-profit corporation, with its principal place of business
located at 1211 Avenue of the Americas, New York, New York.
Columbia-Cornell Care, LLC. is a non-profit corporation, with its
principal place of business located at 16 E. 60th Street, Suite
480, New York, New York.
Columbia Cornell Network Physicians, Inc. is a non-profit
corporation, with its principal place of business located at 1900
Third Avenue, Suite 500, New York, New York.
Sloane Hospital For Women is a non-profit corporation, with its
principal place of business located at 161 Fort Washington Avenue,
New York, New York. [BN]
The Plaintiffs are represented by:
Anthony T. DiPietro, Esq.
LAW OFFICE OF ANTHONY T. DIPIETRO, PC
The Woolworth Building
233 Broadway, Suite 880
New York, NY 10279
Telephone: (212) 233-3600
CONTINENTAL RESOURCES: Faces Consolidated Suit in Oklahoma
----------------------------------------------------------
Continental Resources, 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 April 2023, three
separate putative class actions were consolidated under the caption
"In re Continental Resources, Inc. Shareholder Litigation," Case
No. CJ-2022-4162, in the District Court of Oklahoma County,
Oklahoma.
Plaintiffs, on behalf of themselves and all other similarly
situated former shareholders of the company, allege that the
company's founder, Harold G. Hamm, certain trusts established for
the benefit of Mr. Hamm and/or his family members, and the
company's other directors breached their fiduciary duties in
connection with the take-private transaction and seek monetary
damages, the costs and expenses associated with the lawsuits and
other equitable relief. The defendants continue to vigorously
defend themselves against these claims.
Continental Resources, Inc. is the exploration, development,
management, and production of crude oil and natural gas and
associated products with properties primarily located in four
leading basins in the United States – the Bakken field of North
Dakota and Montana, the Anadarko Basin of Oklahoma, the Permian
Basin of Texas, and the Powder River Basin of Wyoming.
COSTCO WHOLESALE: Colon Sues Over Mislabeled Juice Products
-----------------------------------------------------------
CARLOS COLON, individually and on behalf of all others similarly
situated, Plaintiff v. COSTCO WHOLESALE CORPORATION, Defendant,
Case No. 1:23-cv-12408 (D. Mass., Oct. 17, 2023) alleges that the
Defendant markets and sells its cranberry juice products in a
systematically misleading manner by misrepresenting that the
Products do not contain preservatives.
According to the complaint, the Defendant prominently displays on
the label of its Products that they contain "NO ARTIFICIAL COLORS,
FLAVORS OR PRESERVATIVES." The Defendant's Products, however,
contain "ascorbic acid" -- a well-known preservative used in food
products.
As a result of its deceptive conduct, the Defendant violates state
consumer protection statutes and has been unjustly enriched at the
expense of consumers. Had the Plaintiff known that the
representation was false and misleading, he would not have
purchased the Product or would have only been willing to purchase
the Product at a lesser price, says the suit.
COSTCO WHOLESALE CORPORATION is a membership warehouse club The
Company sells all kinds of food, automotive supplies, toys,
hardware, sporting goods, jewelry, electronics, apparel, health,
and beauty aids, as well as other goods. [BN]
The Defendant is represented by:
Joel Smith, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: jsmith@bursor.com
- and -
Alec M. Leslie, Esq.
Julian C. Diamond, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
Email: aleslie@bursor.com
jdiamond@bursor.com
COURSE HERO: Nguyen Sues Over Data Privacy Violations
-----------------------------------------------------
TRAM NGUYEN; and ROBERT WALTERS, individually and on behalf of all
others similarly situated, Plaintiffs v. COURSE HERO, INC.,
Defendant, Case No. 0:23-cv-61981-XXXX (S.D. Cal., Oct. 18, 2023)
alleges violation of the Video Privacy Protection Act, arising from
the Defendant's practice of knowingly disclosing to Meta Platforms,
Inc. ("Facebook"), information which identifies the Plaintiffs and
the putative Class Members as having requested or obtained specific
video materials or services from the Defendant.
According to the Plaintiffs in the complaint, the Defendant
embedded within its website a "Meta Pixel" that was provided to the
Defendant by Facebook. That pixel tracked the Plaintiffs' and the
Class Members' video viewing history while on the Defendant's
website and reported the viewing history to Facebook along with the
Plaintiffs' and the Class Members' unique Facebook Identification
numbers.
The Defendant knowingly violated the VPPA by embedding the Meta
Pixel within its website and by sharing Plaintiffs' and the Class
Members' video viewing history, says the suit.
COURSE HERO, INC. is an American education technology website
company based in Redwood City, California which operates an online
learning platform for students to access course-specific study
resources and online tutors.
The Plaintiffs are 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
Email: 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
Email: MEisenband@Eisenbandlaw.com
DATACOMP APPRAISAL: Sailer Balks at Home Lot Rental Price-fixing
----------------------------------------------------------------
AMBER L. SAILER, COLLEEN LEVINS, DENNIS KEITH RADOGNA, JR. and
AMANDA BREANNE RADOGNA, individually and on behalf of all others
similarly situated, Plaintiffs v. DATACOMP APPRAISAL SYSTEMS, INC.;
EQUITY LIFESTYLE PROPERTIES, INC.; HOMETOWN AMERICA MANAGEMENT,
L.L.C.; LAKESHORE COMMUNITIES, INC.; SUN COMMUNITIES, INC.; RHP
PROPERTIES, INC.; YES! COMMUNITIES, INC.; INSPIRE COMMUNITIES,
L.L.C.; KINGSLEY MANAGEMENT, CORP.; and CAL-AM PROPERTIES, INC.,
Defendants, Case No. 1:23-cv-14565 (N.D. Ill., Oct. 5, 2023) is an
antitrust class action brought by the Plaintiffs pursuant to
Sections 4 and 16 of the Clayton Act to (i) recover treble damages
and costs of suit, including reasonable attorneys' fees, for the
injuries sustained by Plaintiffs and members of the Class; (ii)
enjoin Defendants' anticompetitive conduct; and (iii) for such
other relief as is afforded under the laws of the United States for
Defendants' violations of Section 1 of the Sherman Act.
This action arises from Defendants' conspiracy to fix, raise,
maintain, and/or stabilize manufactured home lot rental prices.
Manufactured, or mobile homes have long been one of the country's
most affordable housing options, particularly for people who do not
receive government aid. The effect of Defendants' alleged
conspiracy has been devastating to manufactured home residents
including Plaintiffs. These individuals -- whose median annual
household income is approximately $35,000 -- are being overcharged
for what used to be affordable housing. The consequence is that two
of society's most vulnerable groups -- the elderly and low-income
earners -- face considerable financial pressures and some residents
are even facing evictions, says the suit.
If Defendants are permitted to continue their anticompetitive
scheme, Plaintiffs and members of the Class will continue to pay
supracompetitive rents for manufactured home lots. The Plaintiffs
bring this action to seek damages and permanently enjoin
Defendants' ongoing efforts to coordinate their prices by sharing
competitively sensitive information for manufactured home lots.
Datacomp Appraisal Systems, Inc. provides manufactured and mobile
home appraisals, inspections, and competitive market data.[BN]
The Plaintiffs are represented by:
Eric Lechtzin, Esq.
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
E-mail: elechtzin@edelson-law.com
medelson@edelson-law.com
- and -
Joshua H. Grabar, Esq.
GRABAR LAW OFFICE
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (267) 507-6085
Facsimile: (267) 507-6048
E-mail: jgrabar@grabarlaw.com
- and -
Joseph E. Mariotti, Esq.
CAPUTO & MARIOTTI, P.C.
730 Main Street
Moosic, PA 18507
Telephone: (570) 342-9999
Facsimile: (570) 457-1533
E-mail: jmariotti@caputomariotti.com
DERMTECH INC: Faces Bagheri Suit Over Drop in Share Price
---------------------------------------------------------
MIKA BAGHERI, individually and on behalf of all others similarly
situated, Plaintiff v. DERMTECH, INC.; JOHN DOBAK; and KEVIN SUN,
Defendants, Case No. 3:23-cv-01885-DMS-JLB (S.D. Cal., Oct. 16,
2023) is a class action on behalf of the Plaintiff and other
persons and entities that purchased or otherwise acquired DermTech
securities between May 3, 2022 and November 3, 2022, inclusive,
pursuing claims against the Defendants under the Securities
Exchange Act of 1934.
The Plaintiff alleges in the complaint that throughout the Class
Period, Defendants made materially false and misleading statements,
as well as failed to disclose material adverse facts about the
Company's business, operations, and prospects. Specifically, the
Defendants failed to disclose to investors: (1) that the Company
experienced challenges with collections from commercial payors; (2)
that, as a result, there was a lower average selling price for
DermTech's DMT; (3) that, as a result of the foregoing, the
Company's revenue growth would be adversely impacted; and (4) that,
as a result of the foregoing, the Defendants' positive statements
about the Company's business, operations, and prospects were
materially misleading and/or lacked a reasonable basis, says the
suit.
The Company's stock price fell $1.34, or 44.7 percent, to close at
$1.66 per share on November 4, 2022, on unusually heavy trading
volume.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, the suit alleges.
DERMTECH, INC. produces and distributes specialty pharmaceutical
products. The Company offers medicines for early detection of skin
cancer and inflammatory diseases. [BN]
The Plaintiff is represented by:
Robert V. Prongay, Esq.
Charles Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
Email: rprongay@glancylaw.com
clinehan@glancylaw.com
prajesh@glancylaw.com
DMS HEALTH: Kolkind Files Suit in D. North Dakota
-------------------------------------------------
A class action lawsuit has been filed against DMS Health
Technologies. The case is styled as Stacy Kolkind, individually and
on behalf of all others similarly situated v. DMS Health
Technologies, Case No. 3:23-cv-00204-ARS (D.N.C., Oct. 17, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
DMS Health -- https://www.dmshealth.com/ -- delivers interim and
long-term mobile diagnostic imaging solutions featuring the right
technology and care to meet healthcare facility needs.[BN]
The Plaintiff is represented by:
Todd Michael Miller, Esq.
SOLBERG STEWART MILLER
PO Box 1897
Fargo, ND 58107-1897
Phone: (701) 237-3166
Email: tmiller@solberglaw.com
EBIX INC: Court Junks Teifke Suit with Prejudice
------------------------------------------------
Ebix, Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that on July 17, 2023, the United
States District Court for the Southern District of New York
dismissed a putative class action in, captioned "Teifke v. Ebix,
Inc., et. al.," Case No. 1:21-cv-01589-JMF, in its entirety with
prejudice for failure to state a claim.
On February 22, 2021, Christine Marie Teifke, a purported purchaser
of Ebix securities, filed on behalf of herself and others who
purchased or acquired Ebix securities between November 9, 2020 and
February 19, 2021. The complaint asserts claims against the
company, its CEO Robin Raina, and former CFO Steven M. Hamil, for
purported violations of Section 10(b) of the Securities Exchange
Act of 1934, alleging that Ebix made false and misleading
statements and failed to disclose material adverse facts about an
audit of the company's gift card business in India and its internal
controls over the gift and prepaid card revenue transaction cycle.
The complaint alleges that Ebix's stock price fell as a result of
the revelation that Ebix's independent auditor, RSM US LLP, had
resigned, citing concerns with the company's internal controls and
disagreements over other accounting issues. The complaint also
asserts a claim against Robin Raina and Steven M. Hamil for
purported violations of Section 20(a) of the Exchange Act arising
out of the same facts. The complaint seeks, among other relief,
damages and attorneys' fees and costs.
On May 11, 2021, the court issued an order appointing Rahul Saraf,
another purported purchaser of Ebix, Inc. securities, as lead
plaintiff in the action, and the caption in the action was changed
to "Saraf v. Ebix, Inc., et. al.," Case No. 1:21-cv-01589-JMF
Ebix, Inc., and its subsidiaries, is an international supplier of
on-demand infrastructure exchanges to the insurance, financial
services, travel, and healthcare industries. In the insurance
industry, the company's main focus is to develop and deploy a wide
variety of insurance and reinsurance exchanges on an on-demand
basis using software-as-a-service enterprise solutions in the areas
of customer relationship management), front-end and back-end
systems, and outsourced administrative and risk compliance.
ELITE ELECTRIC: Ramirez Sues Over Minimum, Overtime Wages
---------------------------------------------------------
Juan Ramirez, and all other similarly situated employees v. ELITE
ELECTRIC NY INC. (DBA ELITE ELECTRIC) and JOEL SCHREIBER,
individually, Case No. 7:23-cv-09198 (S.D.N.Y., Oct. 19, 2023), is
brought against the Defendant for unpaid minimum wages, failure at
recordkeeping, and unpaid overtime wages pursuant to the Fair Labor
Standards Act ("FLSA"), the New York Labor Law ("NYLL") as recently
amended by the Wage Theft Prevention Act ("WTPA"), and related
provisions from Title 12 of New York Codes, Rules, and Regulations
("NYCRR").
The Defendants were required, under relevant New York State law, to
pay and compensate Plaintiff at a minimum rate of $15.00 per hour
(the "minimum wage"); however, Plaintiff was only compensated at a
rate of $13 per hour and later raised his salary to $14 per hour,
and in the last months of his employment, he was paid $15 per hour.
The Defendants were required, under relevant New York State law, to
compensate Plaintiff with overtime pay at one and one-half the
regular rate for work in excess of 40 hours per work week. However,
despite such mandatory pay obligations, Defendants only compensated
Plaintiff at a rate of $13, $14 and $15 per hour or straight time.
The Defendants failed to pay Plaintiff his lawful overtime pay for
that period from July 1, 2021, until September 30, 2023, where he
worked well in excess of forty (40) hours per workweek, says the
complaint.
The Plaintiff was primarily employed as an electrician.
ELITE ELECTRIC NY INC (DBA ELITE ELECTRIC) is a duly organized New
York Corporation.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL PC
42 Broadway, 12th Floor
New York, NY 10004
Phone: 212-203-2417
Web: www.StillmanLegalPC.com
ESPN ENTERPRISES: Antoine Sues Over Disclosure of Private Info
--------------------------------------------------------------
DARNEL ANTOINE, individually and on behalf of all others similarly
situated, Plaintiff, v. ESPN ENTERPRISES, INC., Defendant, Case No.
2:23-cv-00887 (M.D. Fla., Oct. 13, 2023) arises from the
Defendant's unauthorized disclosure of private information it which
it violated the Video Privacy Protection Act.
According to the complaint, the Defendant knowingly violated the
VPPA by embedding the Meta Pixel within its website and by sharing
Plaintiff's and the Class Members' video viewing history without
providing any notification to Plaintiff and without Plaintiff's
informed written consent. Accordingly, the Plaintiff seeks actual
damages but not less than liquidated damages in an amount of $2,500
for each and every violation of the VPPA committed by Defendant,
punitive damages, reasonable attorneys' fees and other litigation
costs reasonably incurred, and any other available preliminary or
equitable relief deemed appropriate by the court.
Headquartered in Bristol, CT, ESPN Enterprises, Inc. operates a
website (www.espn.com) that offers both prerecorded and live-stream
videos to individuals who subscribe to its services. [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
EVISU INC: Martinez Files ADA Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Evisu Inc. The case
is styled as Pedro Martinez, individually and as the representative
of a class of similarly situated persons v. Evisu Inc., Case No.
1:23-cv-07735 (E.D.N.Y., Oct. 17, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
EVISU -- https://www.evisu.com/ -- is a renowned & original denim
brand to introduce premium quality Japanese selvage denim.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
F45 TRAINING: Continues to Defend Geor Class Suit
-------------------------------------------------
F45 Training Holdings Inc. disclosed in its Form 10-Q Report for
the quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 20, 2023, that the
Company continues to defend the Geor class suit in the United
States District Court for the Western District of Texas.
In December 2022, plaintiff Kenzie Geor filed a purported class
action complaint in the United States District Court for the
Western District of Texas against the Company, Chris Payne, Adam
Gilchrist, Michael Raymond, Darren Richman, and Mark Wahlberg.
The complaint purported to allege securities class action claims
under Sections 11 and 15 of the Securities Act of 1933, and
challenged as misleading statements regarding its business model in
its registration statement issued in connection with its initial
public offering in July 2021.
In February 2023, Judge Robert Pitman appointed Pledge Capital to
act as lead plaintiff and its counsel, Labaton Sucharow LLP, to act
as lead counsel.
In May 2023, lead plaintiff and an additional named plaintiff filed
an amended complaint adding as defendants investors Kennedy Lewis
Management LLC ("KLIM") and MWIG LLC ("MWIG").
The amended complaint again challenges as false or misleading
statements about F45's business model in the registration
statement.
It also adds claims under Section 12(a) of the Securities Act
against the underwriters for F45's IPO.
Finally, the amended complaint adds claims under Section 10(b) of
the Exchange Act against F45, and Messrs.
Gilchrist and Payne and under Section 20(a) of the Exchange Act
against Messrs. Gilchrist, Payne, Raymond, Richman, and Wahlberg,
KLIM, and MWIG as control persons.
The Exchange Act claims challenge the same statements in the IPO
registration statement and also challenge later statements to
investors regarding the Company’s business model, plans, and
results.
The purported class period is from July 15, 2021 through July 22,
2022.
On August 7, 2023, defendants filed a motion to dismiss the
complaint.
Pursuant to the briefing schedule that motion is expected to be
fully briefed in November 2023.
The Company intends to zealously defend against the allegations.
F45 Training Holdings, Inc. is a fitness franchisor with a
business
model based on rapid growth through the franchising of
low-overhead
fitness facilities.[BN]
FESTIVE & CO HOLDING: Crosson Files ADA Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Festive & Co Holding,
Inc. The case is styled as Aretha Crosson, individually and as the
representative of a class of similarly situated persons v. Festive
& Co Holding, Inc., Case No. 1:23-cv-07736 (E.D.N.Y., Oct. 17,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Festive & Co Holding, Inc. -- https://www.festiveandco.com/ --
fosters getting together for celebrations big and small from
intimate birthday parties to brand marketing events.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
FIVE POINT: Continues to Defend Bayview Hunters Class Suit
----------------------------------------------------------
Five Point Holdings, LLC disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 20, 2023, that the
Company continues to defend Bayview Hunters Point class suit in the
San Francisco Superior Court.
In May 2018, residents of the Bayview Hunters Point neighborhood in
San Francisco filed a putative class action in San Francisco
Superior Court naming Tetra Tech, Inc. and Tetra Tech EC, Inc., an
independent contractor hired by the U.S. Navy to conduct testing
and remediation of toxic radiological waste at The San Francisco
Shipyard ("Tetra Tech"), Lennar and the Company as defendants (the
"Bayview Action").
The plaintiffs allege that, among other things, Tetra Tech
fraudulently misrepresented its test results and remediation
efforts.
The plaintiffs are seeking damages against Tetra Tech and the
Company and have requested an injunction to prevent the Company and
Lennar from undertaking any development activities at The San
Francisco Shipyard.
Given the preliminary nature of the claims, the Company cannot
predict the outcome of the Bayview Action.
The Company believes that it has meritorious defenses to the
allegations in the Bayview Action and may have insurance and
indemnification rights against third parties with respect to the
claims.
Five Point Holdings, LLC is a holding company based in California.
FLORIDA INSURANCE: Filing for Class Cert. Bid Due Feb. 16, 2024
---------------------------------------------------------------
In the class action lawsuit captioned as DANIEL NEGRETE,
individually and on behalf of all others similarly situated, v.
FLORIDA INSURANCE SERVICES, INC. d/b/a SENIOR LIFE SERVICES, INC.,
Case No. 4:23-cv-00251-RGE-SBJ (S.D. Iowa.), the Hon. Judge Stephen
Jackson, Jr. entered a scheduling order as follows:
1. The parties must exchange initial Oct. 30, 2023
disclosures by:
2. Motions to add parties must be Dec. 15, 2023
filed by:
3. Motions for leave to amend pleadings Dec. 15, 2023
must be filed by:
4. Plaintiff must file a motion for Feb. 16, 2024
class certification by:
5. Plaintiff must designate expert Feb. 16, 2024
witnesses and disclose their
written reports by:
6. The Defendant must designate expert March 15, 2024
witnesses and disclose their written
reports by:
7. The Plaintiff must designate rebuttal April 10, 2024
expert witnesses and disclose their
written reports by:
8. Discovery must be completed by: June 10, 2024
Senior Life seeks to help provide the necessary funds to assist
seniors and their families.
A copy of the Court's scheduling order dated Oct. 17, 2023 is
available from PacerMonitor.com at https://bit.ly/45GVxXQ at no
extra charge.[CC]
FORD MOTOR: Heard Suit Removed to E.D. California
-------------------------------------------------
The case captioned as Justin Aaron Heard, on behalf of himself and
all others similarly situated, and the general public v. FORD MOTOR
COMPANY, a Delaware corporation; and DOES 1-50, inclusive, Case No.
STK-CV-UOE-2023-9958 was removed from the San Joaquin County
Superior Court, State of California, to the United States District
Court for the Eastern District of California on Oct. 20, 2023, and
assigned Case No. 2:23-at-01065.
In his Complaint, Plaintiff alleges seven causes of action against
Ford: Failure to Provide Meal Periods; Failure to Provide Rest
Periods; Failure to Pay Hourly and Overtime Wages; Failure to
Provide Accurate Written Wage Statements; Failure to Timely Pay All
Final Wages; Failure to Indemnify; and Violation of the Unfair
Competition Law.[BN]
The Defendants are represented by:
Katherine V.A. Smith, Esq.
Angela Reid, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: ksmith@gibsondunn.com
areid@gibsondunn.com
- and -
Megan Cooney, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Phone: 949.451.3800
Facsimile: 949.451.4220
Email: mcooney@gibsondunn.com
FOREVER 21: Fails to Protect Private Info, Taylor Suit Claims
-------------------------------------------------------------
CHYNA TAYLOR, individually and on behalf of all others similarly
situated, Plaintiff v. FOREVER 21, INC., Defendant, Case No.
2:23-cv-08651 (C.D. Cal., Oct. 13, 2023) alleges claims against the
Defendant for, among other things, negligence, breach of implied
contract, invasion of privacy, unjust enrichment, and for
violations of the California's Unfair Competition Law in connection
with the Defendant's failure to properly secure and safeguard the
personally identifiable information of Defendant's current and
former employees.
On or about March 20, 2023, Forever 21 detected a cyber-intruder
who had gained intermittent access to information on Forever 21's
servers. However, Forever 21 did not notify Plaintiff of the data
breach until August 29, 2023, says the suit.
Headquartered in Los Angeles, CA, Forever 21, Inc. is a fashion
retailer of women's, men's, and kids clothing and accessories
operating 540 outlets worldwide and employing roughly 43,000
people. [BN]
The Plaintiff is represented by:
Eric M. Poulin, Esq.
Blake G. Abbott, Esq.
Paul J. Doolittle, Esq.
POULIN | WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
Facsimile: (843) 494-5536
E-mail: eric.poulin@poulinwilley.com
blake.abbott@poulinwilley.com
paul.doolittle@poulinwilley.com
- and -
John Christian Bohren, Esq.
BOHREN LAW, APC
8560 West Sunset Boulevard, 4th Floor
West Hollywood, CA 90069
Telephone: (619) 433-2803
Facsimile: (800) 867-6779
E-mail: yanni@bohrenlaw.com
FRANCESCAS ACQUISITION: Bley Files Suit in D. Delaware
------------------------------------------------------
A class action lawsuit has been filed against Francescas
Acquisition LLC. The case is styled as Ellie Bley, individually,
and on behalf of all others similarly situated v. Francescas
Acquisition LLC, Case No. 1:23-cv-01181-UNA (D. Del., Oct. 19,
2023).
The nature of suit is as Other P.I. for Personal Injury.
Francescas Acquisition LLC -- https://francescas.com/ -- known for
offering unique, free-spirited fashion, jewelry and lifestyle
products for over 20 years, francesca’s mission is to inspire
discovery and celebrate individuality.[BN]
The Plaintiff is represented by:
Brian E. Farnan, Esq.
Michael J. Farnan, Esq.
FARNAN LLP
919 North Market Street, 12th Floor
Wilmington, DE 19801
Phone: (302) 777-0300
Fax: (302) 777-0301
Email: bfarnan@farnanlaw.com
mfarnan@farnanlaw.com
FRANCIS DESOUZA: Icahn Partners Files Suit in Del. Chancery Ct.
---------------------------------------------------------------
A class action lawsuit has been filed against Francis deSouza, et
al. The case is styled as Icahn Partners LP, Icahn Partners Master
Fund LP, Matsumura Fishworks LLC, and others similarly situated v.
Francis deSouza, Caroline Dorsa, Frances Arnold, Gary Guthart, John
W. Thompson, Philip Schiller, Robert Epstein, Scott Gottlieb, Susan
Siegel, Defendants; Illumina, Inc., Nominal Defendant; City of
Roseville General Employees Retirement System, Cleveland Bakers &
Teamsters Pension Fund, The Pavers and Road Builders Benefit Funds,
Interested Parties; Case No. 2023-1045-PAF (Del. Chancery Ct., Oct.
17, 2023).
The case type is stated as "Breach of Fiduciary Duties."
Francis Aurelio deSouza is an American entrepreneur and business
executive.[BN]
The Plaintiffs are represented by:
C. Barr Flinn, Esq.
M. Paige Valeski, Esq.
Phone: (302) 571-6680
Fax: (302) 571-3341
The Interested Parties are represented by:
Ned Weinberger, Esq.
Phone: (302) 573-2540
Fax: (302) 573-2529
GENWORTH FINANCIAL: Hale Suit Transferred to D. Massachusetts
-------------------------------------------------------------
The case captioned as Gilbert Hale, Lynda Hale, and Alan Wooten,
individually and on behalf of all others similarly situated v.
Genworth Financial Inc., Case No. 3:23-cv-00517 was transferred
from the U.S. District Court for the Eastern District of Virginia,
to the U.S. District Court for the District of Massachusetts on
Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12412-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Genworth Financial -- https://www.genworth.com/ -- provides life
insurance, long-term care insurance, mortgage insurance, and
annuities.[BN]
The Plaintiff is represented by:
Jonathan M. Petty, Esq.
Michael G. Phelan, Esq.
Brielle M. Hunt, Esq.
PHELAN | PETTY PLC
3315 W. Broad St.
Richmond, VA 23230
Phone: (804) 980-7100
Email: jpetty@phelanpetty.com
mphelan@phelanpetty.com
bhunt@phelanpetty.com
- and -
Norman E. Siegel, Esq.
Brandi S. Spates, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, Missouri 64112
Phone: (816) 714-7100
Email: siegel@stuevesiegel.com
spates@stuevesiegel.com
- and -
Brian Douglas Penny, Esq.
GOLDMAN SCARLATO & PENNY, P.C.
Eight Tower Bridge, Suite 1025
161 Washington Street
Conshohocken, PA 19428
Phone: 484-342-0700
Fax 484-580-8747
Email: penny@lawgsp.com
- and -
Stuart A. Davidson, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
255 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Phone: (561) 750-3000
Email: sdavidson@rgrdlaw.com
The Defendant is represented by:
Robert Keeling, Esq.
SIDLEY AUSTIN, LLP
1501 K Street, NW
Washington, DC 20005
Phone: (202) 736-8000
Email: rkeeling@sidley.com
GENWORTH FINANCIAL: Manar Suit Transferred to D. Massachusetts
--------------------------------------------------------------
The case captioned as April Manar, individually and on behalf of
all others similarly situated v. Genworth Financial Inc., Case No.
3:23-cv-00560 was transferred from the U.S. District Court for the
Eastern District of Virginia, to the U.S. District Court for the
District of Massachusetts on Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12412-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Genworth Financial -- https://www.genworth.com/ -- provides life
insurance, long-term care insurance, mortgage insurance, and
annuities.[BN]
The Plaintiff is represented by:
Erin Elizabeth Jewell
William Wesley Coleman Harty
HARTY JEWELL, PLLC
6515 George Washington Mem Hwy., Suite 205
Yorktown, VA 23692
Phone: (757) 568-9635
Fax: (757) 703-0357
Email: erin@hartyjewell.com
will@hartyjewell.com
- and -
Maureen M Brady
MCSHANE & BRADY, LLC
1656 Washington St., Suite 140
Kansas City, MO 64108
Phone: (816) 888-8010
Email: mbrady@mcshanebradylaw.com
- and -
Sharon Jessica Zinns
ZINNS LAW, LLC
4243 Dunwoody Club Drive, Suite 104
Atlanta, GA 30350
Phone: (404) 882-9002
Email: sharon@zinnslaw.com
The Defendant is represented by:
Robert Keeling, Esq.
SIDLEY AUSTIN, LLP
1501 K Street, NW
Washington, DC 20005
Phone: (202) 736-8000
Email: rkeeling@sidley.com
GENWORTH FINANCIAL: Smith Suit Transferred to D. Massachusetts
--------------------------------------------------------------
The case captioned as Noreen Smith, individually and on behalf of
all others similarly situated v. Genworth Financial Inc., Case No.
3:23-cv-00510 was transferred from the U.S. District Court for the
Eastern District of Virginia, to the U.S. District Court for the
District of Massachusetts on Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12416-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property for Other
Contract.
Genworth Financial -- https://www.genworth.com/ -- provides life
insurance, long-term care insurance, mortgage insurance, and
annuities.[BN]
The Plaintiff is represented by:
Leonard A. Bennett, Esq.
Craig C. Marchiando, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Ste. 1-A
Newport News, VA 23601
Phone: (757) 930-3660
Facsimile: (757) 930-3662
Email: lenbennett@clalegal.com
craig@clalegal.com
- and -
Drew D. Sarrett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
626 E. Broad Street, Suite 300
Richmond, VA 23219
Phone: (804) 905-9900
Facsimile: (757) 930-3662
Email: drew@clalegal.com
- and -
E. Michelle Drake, Esq.
BERGER MONTAGUE, PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Phone: (612) 594-5933
Fax: (612) 584-4470
Email: emdrake@bm.net
- and -
Mark B. DeSanto, Esq.
BERGER MONTAGUE, PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3000
Fax: (215) 875-4604
Email: mdesanto@bm.net
The Defendant is represented by:
Robert Keeling, Esq.
SIDLEY AUSTIN, LLP
1501 K Street, NW
Washington, DC 20005
Phone: (202) 736-8000
Email: rkeeling@sidley.com
GENWORTH LIFE: Burkett Suit Transferred to D. Massachusetts
-----------------------------------------------------------
The case captioned as Herman Burkett, Jr., individually and on
behalf of all others similarly situated v. Genworth Life and
Annuity Insurance Company, Case No. 3:23-cv-00528 was transferred
from the U.S. District Court for the Eastern District of Virginia,
to the U.S. District Court for the District of Massachusetts on
Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12422 to the
proceeding.
The nature of suit is stated as Other Personal Property for
Tort/Non-Motor Vehicle.
Genworth Life and Annuity Insurance Company offers annuity and life
insurance underwriting services in the United States.[BN]
The Plaintiff is represented by:
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, FL 33602
Phone: (813) 223-5505
Fax: (813) 223-5402
Email: jyanchunis@forthepeople.com
ramen@forthepeople.com
- and -
Steven T. Webster, Esq.
WEBSTER BOOK LLP
300 N. Washington St., Suite 404
Alexandria, Virginia 22314
Phone: (888) 987-9991
Email: swebster@websterbook.com
- and -
Bruce W. Steckler, Esq.
Austin P. Smith, Esq.
Kaitlyn M. Coker, Esq.
STECKLER WAYNE & LOVE, PLLC
12720 Hillcrest Road, Suite 1045
Dallas, TX 75230
Phone: (972) 387-4040
Facsimile: (972) 387-4041
Email: bruce@swclaw.com
austin@swclaw.com
kcoker@swclaw.com
The Defendant is represented by:
Robert Keeling, Esq.
SIDLEY AUSTIN, LLP
1501 K Street, NW
Washington, DC 20005
Phone: (202) 736-8000
Email: rkeeling@sidley.com
GEO GROUP: Court Stays Detainees' Labor Suit
---------------------------------------------
The GEO Group, 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 March 31, 2022, the U.S.
District court Eastern Division of the Central District of
California entered a stay of a class-action lawsuit filed on
December 19, 2017 by immigration detainees against the company.
The California lawsuit alleges violations of the state's minimum
wage laws, violations of the TVPA and California's equivalent state
statute, unjust enrichment, unfair competition and retaliation. The
California court has certified a class of individuals who have been
civilly detained at the company's Adelanto Facility from December
19, 2014, until the date of final judgment.
The GEO Group, Inc., a Florida corporation, and subsidiaries
specialize in the ownership, leasing and management of secure
facilities, processing centers and community reentry centers in the
United States, Australia and South Africa. The company owns, leases
and operates a broad range of facilities including maximum, medium
and minimum security facilities, processing centers, as well as
community-based reentry facilities and offers an expanded delivery
of rehabilitation services.
GEO GROUP: Final Approval Hearing of Settlement Set for Nov. 14
---------------------------------------------------------------
The GEO Group, 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 the parties in a consolidated
class action complaint resolved a shareholder suit following
mediation, and a hearing to consider final approval of the
settlement is set for November 14, 2023.
On July 7, 2020, a putative shareholder class action lawsuit was
filed against the company and its officers George C. Zoley and
Brian R. Evans in the U.S. District court for the Southern District
of Florida. On November 18, 2020, the lead plaintiffs, James
Michael DeLoach and Edward Oketola, filed a consolidated class
action amended complaint against Messrs. Zoley and Evans, as well
as then current and former company officers J. David Donahue and
Ann M. Schlarb.
On September 23, 2021, the court dismissed all claims against
Messrs. Evans and Donahue, and Ms. Schlarb, and dismissed all
claims against GEO and Mr. Zoley other than claims related to GEO's
disclosures about pending litigation.
On October 4, 2021, plaintiffs filed a consolidated class action
second amended complaint. The second amended complaint alleges that
GEO and Mr. Zoley violated Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder, and alleges that Mr. Zoley violated Section 20(a) of
the Exchange Act, by making materially false and misleading
statements and/or omissions related to pending litigation, and
seeks relief individually and on behalf of a putative class
consisting of all persons and entities other than the defendants,
the officers and directors of the company, members of their
immediate families and their legal representatives, heirs,
successors or assigns and any entity in which the defendants have
or had a controlling interest, who purchased or otherwise acquired
the company's securities during the alleged class period from
November 9, 2018 to August 5, 2020, inclusive.
The second amended complaint seeks damages, interest, attorneys'
fees, expert fees, other costs, and such other relief as the court
may deem proper. On June 21, 2022, the court dismissed all claims
in the second amended complaint other than those related to the
company's statements about pending lawsuits made prior to July 17,
2019.
The GEO Group, Inc., a Florida corporation, and subsidiaries
specialize in the ownership, leasing and management of secure
facilities, processing centers and community reentry centers in the
United States, Australia and South Africa. The company owns, leases
and operates a broad range of facilities including maximum, medium
and minimum security facilities, processing centers, as well as
community-based reentry facilities and offers an expanded delivery
of rehabilitation services.
GLOBAL DEBT: Hernandez Sues Over Unlawful Debt Collection Practices
-------------------------------------------------------------------
ANDRES HERNANDEZ-OSORIO, individually and on behalf of all others
similarly situated, Plaintiff v. GLOBAL DEBT SOLUTIONS, INC.,
Defendant, Case No. CACE-23-019941 (Fla. Cir. Ct., 17th Jud. Cir.,
Broward Cty., October 19, 2023) is a class action against the
Defendant for violations of the Florida Consumer Collection
Practices Act (FCCPA) and the Fair Debt Collection Practices Act.
According to the complaint, the Defendant sent electronic mail
communications to Florida and United States consumers in connection
with the collection of a consumer debt between 9:00 PM and 8:00 AM,
which violates the FCCPA. Such communications were sent to the
Plaintiff and similarly situated consumers without consent, the
suit says.
Global Debt Solutions, Inc. is a debt collection agency based in
Boca Raton, Florida. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Ft. Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
GNH ELECTRIC: Fails to Pay Proper Wages, Collins Alleges
--------------------------------------------------------
JACK COLLINS, individually and on behalf of all others similarly
situated, Plaintiff v. GNH ELECTRIC, LLC.; ELITE AC, LLC.; and GADI
OHAYON, Case No. 6:23-cv-02004 (M.D. Fla., Oct. 18, 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 Collins was employed by the Defendants as a staff.
GNH ELECTRIC, LLC. specializes in electrical services for home
automation. [BN]
The Plaintiff is represented by:
Noah E. Storch, Esq.
RICHARD CELLER LEGAL, P.A.
10368 West State Road 84, Suite 103
Davie, FL 33324
Telephone: (866) 344-9243
Facsimile: (954) 337-2771
Email: noah@floridaovertimelawyer.com
GOOSEHEAD INSURANCE: Settlement Hearing to be Held on Feb. 16
-------------------------------------------------------------
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
MICKEY DOLLENS, on behalf of himself and all other
similarly-situated Class A stockholders of GOOSEHEAD INSURANCE,
INC.,
Plaintiff,
v.
GOOSEHEAD INSURANCE, INC.
Defendant.
C.A. No. 2022-1018-JTL
NOTICE OF PENDENCY AND PROPOSED SETTLEMENT
OF CLASS ACTION, SETTLEMENT HEARING,
AND RIGHT TO APPEAR
The Delaware Court of Chancery authorized this Notice.
This is not a solicitation from a lawyer.
TO: All public holders of Goosehead Insurance, Inc. ("Goosehead" or
the "Company") Class A Common Stock as of the date of the
Stipulation, as well as their successors in interest (the
"Class").
PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS
WILL BE AFFECTED BY THE PROPOSED SETTLEMENT OF THIS ACTION.
Plaintiff Mickey Dollens ("Plaintiff"), a holder of Goosehead Class
A Common Stock ("Class A Stock"), on behalf of himself and the
Class, has reached a proposed settlement of the above-captioned
consolidated class action (the "Action") that provides for certain
non-monetary benefits to the Class. Specifically, the Settlement
provides for changes to a Stockholders Agreement between Goosehead
and certain holders of Goosehead Class B Common Stock ("Class B
Stock"), which Plaintiff alleges improperly restricted the
Goosehead Board of Directors' ability to act in accordance with
their obligations under Delaware law and improperly precluded
Goosehead's public stockholders from exercising their right to
nominate candidates for election to the Board of Directors.
If approved by the Delaware Court of Chancery (the "Court"), the
Settlement will resolve all claims in the Action.
Please Note: Class Members will not receive any direct payment from
the Settlement. Accordingly, there is no Proof of Claim Form to
submit in connection with this Settlement. Class Members are not
required to take any action in response to this Notice
WHAT IS THE PURPOSE OF THIS NOTICE?
A. The purpose of this Notice is to inform Class Members of the
existence of this Action and how they are affected by the
litigation. It is also being sent to inform Class Members of the
terms of the proposed Settlement, and of a hearing to be held by
the Court to (a) determine whether the Court should certify the
Class for purposes of the Settlement; (b) determine whether
Plaintiff should be finally certified as class representative and
Plaintiff's Counsel finally certified as Class Counsel, and whether
Plaintiff and Plaintiff's Counsel have adequately represented the
interests of the Class in the Action; (c) determine whether the
proposed Settlement, on the terms and conditions provided for in
the Stipulation, is fair, reasonable, and adequate and in the best
interests of the Class; (d) determine whether the Court should
finally approve the Settlement and enter the Judgment as provided
in the Stipulation, finally certifying the Class, dismissing the
Action with prejudice against Defendant, and extinguishing and
releasing the Releasing Persons' Claims, Releasing Plaintiff's
Claims, and Released Persons' Claims; (e) consider the Fee and
Expense Application; (f) hear and determine any objections to the
proposed Settlement, the class action determination, and the Fee
and Expense Application; and (g) rule on such other matters as the
Court may deem appropriate (the "Settlement Hearing").
B. As a Class Member, you have a right to know about your options
before the Court rules on the proposed Settlement. Additionally,
you have the right to understand how this Action and the proposed
Settlement generally affect your legal rights.
C. The issuance of this Notice is not an expression by the Court of
any findings of fact or any opinion concerning the merits of any
claim in the Action, and the Court has not yet decided whether to
approve the Settlement.
The Settlement Hearing will be held on February 16, 2024 at 11
a.m., before Vice Chancellor J. Travis Laster, either in person at
the Court of Chancery Courthouse, Leonard L. Williams Justice
Center, 500 North King Street Wilmington, DE 19801, or by telephone
or videoconference (in the discretion of the Court), to, among
other things: (i) determine whether the Action should be finally
maintained as a non-opt out class action and whether the Class
should be finally certified by the Court, for purposes of the
Settlement, pursuant to Court of Chancery Rules 23(a), 23(b)(1) and
23(b)(2); (ii) determine whether Plaintiff should be finally
certified as representative for the Class and Plaintiff's Counsel
as counsel for the Class, and whether Plaintiff and Plaintiff's
Counsel have adequately represented the interests of the Class in
the Action; (iii) determine whether the proposed Settlement, on the
terms and conditions provided for in the Stipulation, is fair,
reasonable, and adequate to the Class and in the best interests of
the Class; (iv) determine whether the Court should finally approve
the Settlement and enter the Judgment, substantially in the form
attached as Exhibit E to the Stipulation, finally certifying the
Class, dismissing the Action with prejudice against Defendants, and
extinguishing and releasing all of the Releasing Persons' Claims,
Releasing Plaintiff's Claims, and Released Persons' Claims; (v)
determine whether the Fee and Expense Application should be
approved; (vi) hear and determine any objections to the proposed
Settlement, the class action determination, and the Fee And Expense
Application; and (vii) rule on such matters as the Court may deem
appropriate.
Any Class Member who objects to the class action determination, the
proposed Settlement, the proposed Judgment to be entered, the Fee
and Expense Application, or otherwise wishes to be heard
("Objector"), may appear in person (or, as permitted by the Court,
by video or telephonic conference if the Settlement Hearing is
conducted in such manner) or by his, her, or its attorney at the
Settlement Hearing and present any evidence or argument that may be
proper and relevant.
Objections must be in writing. To object, you must (1) file any
written objection, together with copies of all other papers and
briefs supporting the objection and the required information
referenced below, with the Register in Chancery at the address set
forth below on or before January 22, 2024; (2) serve the papers
(electronically by File & ServeXpress, by hand, by first class U.S.
mail, or by express service) on Plaintiff's Counsel and Defendant's
Counsel at the addresses set forth below so that the papers are
received on or before January 22, 2024; and (3) email a copy of
your objection to tcurry@saxenawhite.com, rohrbacher@rlf.com, and
gbornstein@cravath.com on or
before January 22, 2024.
REGISTER IN CHANCERY
Register in Chancery
Court of Chancery Courthouse
800 N. French St.
Second Floor
Wilmington, DE 19801
PLAINTIFF'S COUNSEL
SAXENA WHITE P.A.
Thomas Curry
824 N. Market Street, Suite 1003
Wilmington, Delaware 19801
(302) 485-0483
tcurry@saxenawhite.com
DEFENDANTS' COUNSEL
RICHARDS, LAYTON & FINGER,
P.A.
Blake Rohrbacher (#4750)
One Rodney Square
920 North King Street
Wilmington, DE 19801
(302) 651-7700
Rohrbacher@rlf.com
CRAVATH SWAINE & MOORE, LLP
Gary A. Bornstein
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
(212) 474-1000
GBornstein@cravath.com
This Notice contains only a summary of the terms of the proposed
Settlement. For more detailed information about the matters
involved in this Action, you are referred to the papers on file in
the Action, including the Stipulation, which may be inspected
during regular office hours at the Office of the Register in
Chancery in the Court of Chancery Courthouse, 800 N. French St.
Second Floor, Wilmington, DE 19801. Additionally, copies of the
Stipulation will be posted on the "Investors" section of
Goosehead's website, https://www.goosehead.com/investors/. All
inquiries concerning this Notice should be directed to the
following counsel for Plaintiff: Thomas Curry, Saxena White P.A.,
824 N. Market St., Suite 1003, Wilmington, DE 19801, (302)
485-0483, tcurry@saxenawhite.com.
DO NOT CALL OR WRITE THE COURT OR THE OFFICE
OF THE REGISTER IN CHANCERY REGARDING THIS
NOTICE.
Dated: October 13, 2023
BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF
DELAWARE
GOVERNMENT EMPLOYEE: Rice Sues Over Unpaid Overtime & Retaliation
-----------------------------------------------------------------
CHRIS RICE, on behalf of himself and all others similarly situated,
Plaintiff v. GOVERNMENT EMPLOYEE INSURANCE COMPANY D/B/A GEICO, and
GEICO GENERAL INSURANCE COMPANY d/b/a GEICO, Defendants, Case No.
5:23-cv-00414-TES (M.D. Ga., October 19, 2023) is a class action
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standards Act and for retaliation.
Mr. Rice worked as a sales representative for the Defendants at a
call center in Macon, Georgia.
Government Employees Insurance Company, doing business as GEICO, is
an insurance company, with a principal place of business at 5260
Western Avenue, Chevy Chase, Maryland.
GEICO General Insurance Company, doing business as GEICO, is an
insurance company, located at 289 S. Culver St., Lawrenceville,
Georgia. [BN]
The Plaintiff is represented by:
Nicholas Stanojevich, Esq.
QUINN, CONNOR, WEAVER, DAVIES & ROUCO, LLP
4100 Perimeter Park South
Atlanta, GA 30341
Telephone: (404) 299-1211
E-mail: nstanojevich@qcwdr.com
- and -
Richard Rouco, Esq.
QUINN, CONNOR, WEAVER, DAVIES & ROUCO, LLP
2 - 20th Street North, Suite 930
Birmingham, AL 35203
Telephone: (205) 870-9989
E-mail: rrouco@qcwdr.com
- and -
David W. Garrison, Esq.
Joshua A. Frank, Esq.
Nicole A. Chanin, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, PLLC
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2202
Facsimile: (615) 252-3798
E-mail: dgarrison@barrettjohnston.com
jfrank@barrettjohnston.com
nchanin@barrettjohnston.com
HAWAII PACIFIC: Espinal Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Hawaii Pacific
University. The case is styled as Frangie Espinal, on behalf of
herself and all other persons similarly situated v. Hawaii Pacific
University, Case No. 1:23-cv-09182 (S.D.N.Y., Oct. 18, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Hawai'i Pacific University -- https://www.hpu.edu/ -- is a private
university in downtown Honolulu, Makapu'u and Kāne'ohe,
Hawai'i.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
HAWAII: Telephone Conference Set for Jan. 26, 2024
--------------------------------------------------
In the class action lawsuit captioned as Opulento; et al. v. State
of Hawaii Department of Public Safety; et al., Case No.
1:19-CV-00315 LEK-RT (D. Haw), the Court entered an order setting a
Telephone Conference for Jan. 26, 2024 at 8:45 a.m. before
Magistrate Judge Trader.
No submissions required. Parties and other participants must
call-in at least five minutes prior to the scheduled start time of
the conference.
By agreement of the parties, the deadline for Defendants to answer
is extended from Oct. 20, 2023, to Oct. 27, 2023.
The Parties agree that the Oct. 30, 2023, deadline for Plaintiffs
to file a motion for class certification class is unnecessary in
light of Order Granting Plaintiff's Motion for Class Certification,
filed June 30, 2022.
Hawaii Department upholds justice and public safety by providing
correctional and law enforcement services to Hawaii's communities.
A copy of the Court's order dated Oct. 18, 2023 is available from
PacerMonitor.com at https://bit.ly/491W9Kp at no extra charge.[CC]
HEALTHCARE REVENUE: Metrick Files FDCPA Suit in D. New Jersey
-------------------------------------------------------------
A class action lawsuit has been filed against Healthcare Revenue
Recovery Group, LLC, et al. The case is styled as Suzanne Metrick,
on behalf of herself and all others similarly situated v.
Healthcare Revenue Recovery Group, LLC, John Does 1-25, Case No.
3:23-cv-21213-MAS-TJB (S.D. Fla., Oct. 17, 2023).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Healthcare Revenue Recovery Group (HRRG) is a debt collection
agency that specializes in reporting collection accounts on credit
reports.[BN]
The Plaintiff is represented by:
Joseph K. Jones, Esq.
JONES, WOLF & KAPASI, LLC
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Phone: (973) 227-5900
Fax: (973) 244-0019
Email: jkj@legaljones.com
HECLA MINING: Seeks Dismissal of Amended of Complaint
-----------------------------------------------------
Hecla Mining Company 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 the U.S. District Court for the
Southern District of New York granted its Motion to Dismiss a
putative class action lawsuit, without prejudice, in February 2023,
and the plaintiffs filed an amended complaint in March 2023 which
repeats the same claims. The company has since filed a Motion to
Dismiss the amended complaint.
On May 24, 2019, a purported Hecla stockholder asserted claims
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder and seeks, among other
things, damages and costs and expenses.
Specifically, the complaint alleges that Hecla, under the authority
and control of the individual defendants, made certain material
false and misleading statements and omitted certain material
information regarding Hecla's Nevada Operations. The complaint
alleges that these misstatements and omissions artificially
inflated the market price of Hecla common stock during the class
period, thus purportedly harming investors.
Hecla is into the discovery, acquisition and development of mines
and other mineral interests and produce and market namely,
concentrates containing silver, gold, lead and zinc, carbon
material containing silver and gold, and doré containing silver
and gold.
HOG ISLAND OYSTER: Perez-Perez Files Suit in Cal. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against HOG Island Oyster
Company, Inc., et al. The case is styled as Hernandito Perez-Perez,
an individual, on behalf of himself and all others similarly
situated v. HOG Island Oyster Company, Inc., Case No. CGC23609836
(Cal. Super. Ct., San Francisco Cty., Oct. 18, 2023).
The case type is stated "Other Non-Exempt Complaints."
Dr. James Yee, MD is an otolaryngology (ear, nose & throat)
specialist in Folsom, California.[BN]
The Plaintiff is represented by:
Hannah Becker, Esq.
MELMED LAW GROUP P.C.
1801 Century Park E, Ste. 850
Los Angeles, CA 90067-2346
Phone: 310-824-3828
Fax: 310-862-6851
Email: jm@melmedlaw.com
HOOPSWAGG LLC: Tarr Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against HoopSwagg, LLC. The
case is styled as Ellen Elizabeth Tarr, on behalf of herself and
all others similarly situated v. HoopSwagg, LLC, Case No.
1:23-cv-09261 (S.D.N.Y., Oct. 20, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
HoopSwagg -- https://hoopswagg.com/ -- offers exclusive designs for
the freshest custom Nike elite socks and arm sleeves online for all
sport enthusiasts.[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
HOSPITALITY STAFFING: Smith Suit Transferred to N.D. Georgia
------------------------------------------------------------
The case styled as Stephanie E. Smith, individually and on behalf
of all others similarly situated v. Hospitality Staffing Solutions,
LLC, Case No. 3:23-cv-01094 was transferred from the U.S. District
Court for the Middle District of Florida, to the U.S. District
Court for the Northern District of Georgia on Oct. 17, 2023.
The District Court Clerk assigned Case No. 1:23-cv-04749-MHC to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Hospitality Staffing Solutions -- https://www.hssstaffing.com/ --
is the largest hospitality staffing agency focused on hospitality
staff nationwide.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Phone: (305) 610-5223
The Defendant is represented by:
Julie Singer Brady, Esq.
BAKER & HOSTETLER LLP -FL
200 S. Orange Avenue
Orlando, FL 32801
Phone: (407) 649-4000
- and -
Christopher A. Wiech, Esq.
Georgia Bennett, Esq.
BAKER & HOSTETLER LLP
1170 Peachtree Street, Ste. 2400
Atlanta, GA 30309
Phone: (404) 946-9814
Email: cwiech@bakerlaw.com
gturner@bakerlaw.com
HUMBL INC: Faces Armstrong Shareholder Suit Over SEC Reporting
--------------------------------------------------------------
HUMBL, Inc. disclosed in its Form 10-Q report for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that on July 14, 2022, the company
was named as a defendant in a putative shareholder derivative class
action lawsuit filed in the Delaware Chancery Court styled "Mike
Armstrong, derivatively on behalf of HUMBL, Inc. v. Brian Foote,
Jeffrey Hinshaw, George Sharp, Michele Rivera, and William B.
Hoagland" (Case No. 2022-0620).
This case alleges federal securities law violations by the company,
including false or misleading statements regarding its business and
operations, that the HUMBL Pay App did not have the functionality
that it promised to investors and that several international
business partnerships had a low chance of contributing material
revenues to our bottom line, and sales of unregistered securities
through its BLOCK Exchange Traded Index products, which plaintiffs
allege caused a decline in the market value of our shares of common
stock.
HUMBL is a Web 3, digital commerce platform built to connect
consumers, businesses and governments in the digital economy by
providing simple tools and packaging for complex new technologies
such as blockchains.
HUMBL INC: Pasquinelli Shareholder Suit Transferred to D. Del.
--------------------------------------------------------------
HUMBL, Inc. disclosed in its Form 10-Q report for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that on July 7, 2023, the United
States District Court for the Southern District of California
granted HUMBL's Motion to Transfer Venue and transferred the case
to the District Court of Delaware.
On May 19, 2022, the company was named as a defendant in a putative
shareholder derivative class action lawsuit filed in the United
States District Court for the Southern District of California
styled "Matt Pasquinelli and Bryan Paysen v. HUMBL, LLC, Brian
Foote, Jeffrey Hinshaw and George Sharp," Case No. 22CV0723 AJB
BLM.
The complaint alleges federal securities law violations by the
Company, including false or misleading statements regarding its
business and operations, that the HUMBL Pay App did not have the
functionality that it promised to investors and that several
international business partnerships had a low chance of
contributing material revenues to our bottom line, and sales of
unregistered securities through its BLOCK Exchange Traded Index
products, which plaintiffs allege caused a decline in the market
value of our shares of common stock.
Plaintiffs seek unspecified monetary damages. On October 27, 2022,
the company filed a motion to dismiss the complaint for failure to
state a claim, which is presently pending for resolution before the
court.
HUMBL is a Web 3, digital commerce platform built to connect
consumers, businesses and governments in the digital economy by
providing simple tools and packaging for complex new technologies
such as blockchains.
ILLINOIS: Acevedo Suit Transferred to D. Massachusetts
------------------------------------------------------
The case captioned as Jose Acevedo, Jr., individually and on behalf
of all others similarly situated v. Illinois Department of
Innovation and Technology (DoIT), Progress Software Corporation
a/k/a Progress, Case No. 3:23-cv-03225 was transferred from the
U.S. District Court for the Central District of Illinois, to the
U.S. District Court for the District of Massachusetts on Oct. 17,
2023.
The District Court Clerk assigned Case No. 1:23-cv-12409-ADB to the
proceeding.
The nature of suit is stated as Other Contract for Contract
Default.
Illinois Department of Innovation and Technology (DoIT) --
https://doit.illinois.gov/ -- guides technology solution delivery
and support for the agencies in the executive branch of state
government.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
Kristen Lake Cardoso, Esq.
Steven Sukert, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: 954-525-4100
Email: ostrow@kolawyers.com
cardoso@kolawyers.com
sukert@kolawyers.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Phone: 305-479-2299
Email: ashamis@shamisgentile.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
The Defendant is represented by:
Michael Thomas Dierkes, Esq.
OFFICE OF THE ILLINOIS ATTORNEY GENERAL
100 West Randolph
Chicago, IL 60603
Phone: (312) 814-3672
Fax: (312) 814-4425
Email: michael.dierkes@ilag.gov
- and -
Joseph Carey, Esq.
DLA PIPER US LLP
444 West Lake Street, Suite 900
Chicago, IL 60606-0089
Phone: (312) 368-2113
Fax: (312) 630-7313
Email: joe.carey@dlapiper.com
ILLINOIS: Irvin Suit Transferred to E.D. Pennsylvania
-----------------------------------------------------
The case captioned as David Irvin, on behalf of himself and all
others similarly situated v. Illinois Department of Innovation and
Technology (DoIT), Progress Software Corporation a/k/a Progress,
BPS DIRECT, LLC, Case No. 1:23-cv-00530 was transferred from the
U.S. District Court for the Middle District of Pennsylvania, to the
U.S. District Court for the Eastern District of Pennsylvania on
Oct. 17, 2023.
The District Court Clerk assigned Case No. 2:23-cv-04008-MAK to the
proceeding.
The nature of suit is stated as Other P.I. for Contract Default.
Illinois Department of Innovation and Technology (DoIT) --
https://doit.illinois.gov/ -- guides technology solution delivery
and support for the agencies in the executive branch of state
government.[BN]
The Plaintiff is represented by:
Steven A. Schwartz, Esq.
Alex M. Kashurba, Esq.
Stephanie E. Saunders, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Phone: (610) 642-8500
Fax: (610) 649-3633
Email: sas@chimicles.com
amk@chimicles.com
ses@chimicles.com
- and -
Joshua D. Arisohn, Esq.
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Phone: (646) 837-7150
Fax: (212) 989-9163
Email: jarisohn@bursor.com
pfraietta@bursor.com
- and -
Christopher R. Reilly, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave., Suite 1420
Miami, FL 33131-2800
Phone: (305) 330-5512
Facsimile: (305) 676-9006
Email: creilly@bursor.com
The Defendant is represented by:
Anna A. Gadberry, Esq.
SHOOK, HARDY & BACON L.L.P.
2555 Grand Blvd.
Kansas City, MO 64120
Phone: (816) 474-6550
Email: agadberry@shb.com
- and -
Erin Leffler, Esq.
SHOOK, HARDY & BACON L. L. P.
Two Commerce Square
2001 Market Street, Suite 3000
Philadelphia, PA 19103
Phone: (215) 278-2555
Fax: (215) 278-2594
Email: eleffler@shb.com
- and -
Jennifer A. Mcloone, Esq.
SHOOK, HARDY & BACON L.L.P.
201 South Biscayne Boulevard, Suite 2400
Miami Center
Miami, FL 33131
Phone: (305) 358-5171
Email: jmcloone@shb.com
- and -
Lindsey M. Knapton, Esq.
SHOOK, HARDY & BACON L. L. P.
1660 17th Street, Suite 450
Denver, CO 80202
Phone: (512) 638-0834
Email: lknapton@shb.com
INFOCUS SOLUTIONS: Schanen Sues Over Unpaid Overtime Wages
----------------------------------------------------------
Kaya Schanen, on behalf of herself and all other similarly situated
employees v. INFOCUS SOLUTIONS, INC., Case No. 4:23-cv-03943 (S.D.
Tex., Oct. 17, 2023), is brought against the Defendant's violation
of the Fair Labor Standards Act ("FLSA") as a result for the
Plaintiff's non-payment of her wages and overtime.
The Defendant required the Plaintiff to work more than forty hours
in a workweek without the proper overtime compensation. The
Defendant also failed to pay Plaintiff for all the hours she
worked. The Defendant's conduct violates the FLSA, which requires
non-exempt employees to be compensated for all hours in excess of
forty in a workweek at one and one-half times their regular rates
of pay, says the complaint.
The Plaintiff worked for the Defendant as a business development
representative from April of 2023 until her termination in
September of 2023.
Infocus Solutions, Inc. is a marketing company that employs
customer service agents to connect customers with car maintenance
shops and car dealerships.[BN]
The Plaintiff is represented by:
Beatriz Sosa-Morris, Esq.
SOSA-MORRIS NEUMAN, PLLC
5612 Chaucer Drive
Houston, TX 77005
Phone: (281) 885-8844
Facsimile: (281) 885-8813
Email: BSosaMorris@smnlawfirm.com
INSURANCE SUPERMARKET: Human Suit Removed to E.D. Missouri
----------------------------------------------------------
The case styled as Daniel Human, individually and on behalf of all
others similarly situated v. Insurance Supermarket International
Inc., John and Jane Does 1 through 10, Case No. 23SL-CC03729 was
removed from the St. Louis County Circuit Court, to the U.S.
District Court for the Eastern District of Missouri on Oct. 17,
2023.
The District Court Clerk assigned Case No. 4:23-cv-01305-MTS to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Insurance Supermarket International Inc. (ISI) --
https://insurance-supermarket.com/ -- is a global insurtech company
with a focus on life insurance solutions for consumers.[BN]
The Plaintiff is represented by:
Edwin V. Butler, II, Esq.
BUTLER LAW GROUP LLC
1650 Des Peres Road, Suite 220
Des Peres, MO 63131
Phone: (314) 504-0001
Email: edbutler@butlerlawstl.com
The Defendant is represented by:
Thomas Alexander Lidbury, Esq.
Andrew D. Kinghorn, Esq.
OGLETREE DEAKINS
155 N. Wacker Drive, Ste. 4300
Chicago, IL 60606
Phone: (312) 213-8706
Email: thomas.lidbury@ogletree.com
andrew.kinghorn@jacksonlewis.com
INTEGRA LIFESCIENCES: Continues to Defend Pembroke Securities Suit
------------------------------------------------------------------
Integra Lifesciences Holdings Corp. disclosed in its Form 10-Q
Report for the quarterly period ending September 30, 2023 filed
with the Securities and Exchange Commission on October 25, 2023,
that the Company continues to defend itself from the Pembroke Pines
securities class suit in the United States District Court for the
District of New Jersey.
On September 12, 2023, a securities class action complaint,
captioned Pembroke Pines Firefighters & Police Officers Pension
Fund v. Integra LifeSciences Holdings Corporation, No. 23-cv-20321
(D.N.J.), was filed by a purported stockholder of the Company in
the United States District Court for the District of New Jersey
(the "Pembroke Litigation") against the Company and certain of the
Company's current and former executive officers.
The Pembroke Litigation, filed on behalf of a putative class of
stockholders who purchased or acquired the Company's common stock
between March 11, 2019 and May 22, 2023, inclusive, alleges
violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, as amended, and Rule 10b-5 promulgated thereunder, on
the basis of purportedly materially false and misleading statements
and omissions relating to certain quality systems issues identified
by the U.S. Food and Drug Administration at the Company's Boston,
Massachusetts manufacturing facility, the Company's efforts to
remediate those issues, and the Company's forecasts for certain
products in its Tissue Technologies segment.
The complaint seeks, among other things, compensatory damages,
attorneys' fees, expert fees, and other costs.
The Company believes that it has strong defenses to the allegations
in the Pembroke Litigation, as it intends to defend the matter
vigorously.
Based in Plainsboro, N.J., Integra LifeSciences Holdings Corp.
develops biomaterials for regenerating human tissue. The Company
also sells products for infection control, dental surgery, and
wound care.
INTERNATIONAL BUSINESS: Hays Sues Over Compromised Personal Info
----------------------------------------------------------------
VANESSA HAYS, individually and on behalf of all others similarly
situated, Plaintiff v. INTERNATIONAL BUSINESS MACHINES CORPORATION
and JOHNSON & JOHNSON HEALTH CARE SYSTEMS, INC., Defendants, Case
No. 7:23-cv-09215-UA (S.D.N.Y., October 19, 2023) is a class action
against the Defendants for negligence, breach of implied contract,
unjust enrichment, bailment, and breach of fiduciary duty.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
customers stored within their networks following a data breach
discovered on August 2, 2023. The Defendants also failed to timely
notify the Plaintiff and similarly situated individuals about the
data breach. As a result, the PII of the Plaintiff and Class
members were compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
International Business Machines Corporation is a technology
company, with its principal place of business at One Orchard Road,
Armonk, New York.
Johnson & Johnson Health Care Systems, Inc. is a provider of
healthcare solutions, with its principal place of business at 425
Hoes Lane Piscataway, New Jersey. [BN]
The Plaintiff is represented by:
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street
Fourteenth Floor
New York, NY 10004
Telephone: (646) 357-1100
E-mail: snathan@hausfeld.com
- and -
James J. Pizzirusso, Esq.
Amanda V. Boltax, Esq.
HAUSFELD LLP
888 16th Street N.W., Suite 300
Washington, DC 20006
Telephone: (202) 540-7200
E-mail: jpizzirusso@hausfeld.com
mboltax@hausfeld.com
IRVINE SHADE & DOOR: Watchorn Files Suit in Ind. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Irvine Shade & Door,
Inc. The case is styled as Deanna Watchorn, and others similarly
situated, Deanna Watchorn, on behalf of herself v. Irvine Shade &
Door, Inc., Case No. 20D02-2310-PL-000250 (Ind. Super. Ct., Elkhart
Cty., Oct. 17, 2023).
The case type is stated as Civil Plenary.
Irvine Shade & Door, Inc. -- https://www.irvineshadeanddoor.com/ --
is a leading Supplier/Manufacturer to the Recreational Vehicle
Industry.[BN]
The Plaintiff is represented by:
Brandon W. Smith, Esq.
MORGAN & MORGAN
426 Bank Street, Suite 300
New Albany, IN 47150
Phone: 812-670-3313
JAMES C. YEE: Gomez Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against JAMES C. YEE, M.D.,
INC., et al. The case is styled as Crystal Gomez, and on behalf of
similarly situated Aggrieved Employees v. JAMES C. YEE, M.D., INC.,
et al., Case No. 23CV010103 (Cal. Super. Ct., Sacramento Cty., Oct.
18, 2023).
Dr. James C. Yee is a ENT-Otolaryngologist in Folsom,
California.[BN]
JETBLUE AIRWAYS: Rodriguez Suit Removed to W.D. Wisconsin
---------------------------------------------------------
The case captioned as Luis Lesama Rodriguez, an individual, on
behalf of all others similarly situated, and also on behalf of all
aggrieved employees v. JETBLUE AIRWAYS CORPORATION, a Delaware
corporation and DOES 1-20, Case No. 23STCV18002 was removed from
the Superior Court of the State of California for the County of Los
Angeles, to the United States District Court for the Western
District of Wisconsin on Oct. 17, 2023, and assigned Case No.
2:23-cv-08742.
The Complaint alleges eleven causes of action on behalf of
Plaintiff and a putative class under California law: failure to pay
wages; failure to pay overtime compensation; failure to provide
rest periods; failure to provide meal periods; failure to provide
itemized wage statements; waiting time penalties; failure to
indemnify for necessary business expenditures; unfair competition;
retaliation under Labor Code; retaliation under Labor Code; and
civil penalties under the Labor Code Private Attorneys General Act
("PAGA").[BN]
The Defendants are represented by:
Andrew P. Frederick, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Phone: +1.650.843.4000
Fax: +1.650.843.4001
Email: andrew.frederick@morganlewis.com
- and -
Nicole L. Antonopoulos, Esq.
MORGAN LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105
Phone: +1.415.442.1000
Fax: +1.415.442.1001
Email: nicole.antonopoulos@morganlewis.com
JONES LANG LASALLE: Serra Suit Removed to N.D. California
---------------------------------------------------------
The case captioned as John Serra, individually and on behalf of all
others similarly situated v. JONES LANG LASALLE AMERICAS, INC.; and
DOES 1-20, inclusive, Case No. 23CV042838 was removed from the
Alameda County Superior Court, to the United States District Court
for the Northern District of California on Oct. 20, 2023, and
assigned Case No. 3:23-cv-05408.
The Plaintiff seeks the recovery of meal and rest period premium
pay, unpaid wages (including minimum wages, regular rate wages, and
overtime wages), itemized wage statement penalties, reimbursement,
and waiting time penalties on behalf of himself and the putative
class.[BN]
The Defendants are represented by:
Spencer C. Skeen, Esq.
Marlene M. Moffitt, Esq.
Brett R. Tengberg, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Phone: 858-652-3100
Facsimile: 858-652-3101
Email: spencer.skeen@ogletree.com
marlene.moffitt@ogletree.com
brett.tengberg@ogletree.com
JUSTFOODFORDOGS INC: Bunting Files ADA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against JustFoodForDogs, Inc.
The case is styled as Rasheta Bunting, individually and as the
representative of a class of similarly situated persons v.
JustFoodForDogs, Inc., Case No. 1:23-cv-07845 (E.D.N.Y., Oct. 20,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
JustFoodForDogs -- https://www.justfoodfordogs.com/ -- fresh dog
food is proven to be more digestible and supports immune system
health.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
KENTUCKY WESLEYAN COLLEGE: Ortiz Files ADA Suit in W.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Kentucky Wesleyan
College. The case is styled as Joseph Ortiz, on behalf of himself
and all other persons similarly situated v. Kentucky Wesleyan
College, Case No. 1:23-cv-01091 (W.D.N.Y., Oct. 18, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kentucky Wesleyan College -- https://kwc.edu/ -- is a private
Methodist college in Owensboro, Kentucky.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTFRIED & GOTTFRIED, LLP
122 East 42nd. St., Suite 620
New York, NY 10168
Phone: (212) 228-9795
Email: michael@gottlieb.legal
KEVIN JOHNSON: Seeks Denial of Colon Class Status Bid
-----------------------------------------------------
In the class action lawsuit captioned as JOHANA COLON, et al., v.
KEVIN G. JOHNSON, et al., Case No. 8:22-cv-00888-TPB-TGW (M.D.
Fla.), the Defendant asks the Court to enter an order denying the
Plaintiffs' Motion for Class Certification.
The Plaintiffs cannot establish that class certification is
appropriate under Rule 23(b)(1) because the overbroad proposed
class definition lacks of an "identity of interest among all class
members" and because Plaintiffs cannot prove causation on a
class-wide basis as is required by Rule 23(b)(3), the Defendants
contend.
The Plaintiffs seek to certify a putative class action for
purported violations of ERISA based on alleged misconduct involving
the Advanced Diagnostics Group Employee Stock Ownership Plan that
was sponsored by Plaintiffs’ former employer, ADG Acquisitions
Holdings, Inc.
The Plaintiffs are all former participants in the Plan who seek to
represent the interests of all absent Plan participants and their
individual Plan accounts.
A copy of the Defendants' motion dated Oct. 18, 2023 is available
from PacerMonitor.com at https://bit.ly/3QnV0pc at no extra
charge.[CC]
The Defendants are represented by:
Todd D. Wozniak, Esq.
Lindsey R. Camp, Esq.
Eric L. Ray, Esq.
Daniel L. Buchholz, Esq.
HOLLAND & KNIGHT, LLP
1180 West Peachtree Street NW
Atlanta, GA 30309
E-mail: todd.wozniak@hklaw.com
lindsey.camp@hklaw.com
daniel.buchholz@hklaw.com
KIA AMERICA: Singletary Files Suit in C.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Kia America, Inc., et
al. The case is styled as Vermell Singletary, Individually and on
behalf of all others similarly situated v. Kia America, Inc.,
Hyundai Motor America, Case No. 8:23-cv-01955-JWH-DFM (C.D. Cal.,
Oct. 18, 2023).
The nature of suit is stated as Other Contract for Contract
Dispute.
Kia America, Inc. -- http://www.kiamedia.com/-- provides a wide
range of cars that meet your lifestyle.[BN]
The Plaintiff is represented by:
John C. Bohren, Esq.
BOHREN LAW
8560 West Sunset Boulevard, 4th Floor
West Hollywood, CA 90069
Phone: (619) 433-2803
Fax: (800) 867-6779
Email: yanni@bohrenlaw.com
- and -
Eric Marc Poulin, Esq.
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Phone: (803) 222-2222
Fax: (843) 494-5536
Email: eric.poulin@poulinwilley.com
KINDER MORGAN: Continues to Defend Pederson Class Suit
------------------------------------------------------
Kinder Morgan Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 20, 2023, that the
Company continues to defend itself from the Pederson class suit.
On February 22, 2021, Kinder Morgan Retirement Plan A participants
Curtis Pedersen and Beverly Leutloff filed a purported class action
lawsuit under the Employee Retirement Income Security Act of 1974
(ERISA).
The named plaintiffs were hired initially by the ANR Pipeline
Company (ANR) in the late 1970s.
Following a series of corporate acquisitions, plaintiffs became
participants in pension plans sponsored by the Coastal Corporation
(Coastal), El Paso Corporation (El Paso) and the company by virtue
of its acquisition of El Paso in 2012 and its assumption of certain
of El Paso’s pension plan obligations.
The complaint, which was filed initially in federal court in
Michigan, then transferred to the U.S. District Court for the
Southern District of Texas (Civil Action No. 4:21-3590), and later
amended to include the Kinder Morgan Retirement Plan B, alleges
that the series of foregoing transactions resulted in changes to
plaintiffs’ retirement benefits which are now contested on a
purported class-wide basis in the lawsuit.
The complaint asserts six claims that fall within three primary
theories of liability.
Claims I, II, and III all seek the same plan modification as to how
the plans calculate benefits for former participants in the Coastal
plan.
These claims challenge plan provisions which are alleged to
constitute impermissible “backloading” or "cutback" of
benefits.
Claims IV and V allege that former participants in the ANR plans
should be eligible for unreduced benefits at younger ages than the
plans currently provide.
Claim VI asserts that actuarial assumptions used to calculate
reduced early retirement benefits for current or former ANR
employees are outdated and therefore unreasonable.
The complaint alleges that the purported class includes over 10,000
individuals.
The lawsuit is in the discovery stage and plaintiffs have moved for
class certification.
Plaintiffs seek to recover early retirement benefits as well as
declaratory and injunctive relief, but have not pleaded, disclosed
or otherwise specified a calculation of alleged damages.
Accordingly, the extent of potential plan liabilities for past or
future benefits, if any, remains to be determined.
The Company believes it has numerous and substantial defenses and
intend to vigorously defend this case.
Kinder Morgan, Inc. is an infrastructure company based in Texas.
KNIGHT ENERGY: Seaux Sues Over Failure to Pay Proper Overtime Wages
-------------------------------------------------------------------
Johnnie Seaux, individually and on behalf of all others similarly
situated, Plaintiff v. Knight Energy Services, LLC, Defendant, Case
No. 4:23-cv-03773 (S.D. Tex., Oct. 5, 2023) is a civil action
brought under the Fair Labor Standards Act and the Portal-to-Portal
Act, 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 began working for Defendant as a full-time salaried
dispatcher on March 5, 2017 through June 15, 2021. His job duties
involved receiving orders from rigs, gathering the tools, and
sending them to Defendant's customers.
Knight Energy Services, LLC is a fishing services company that
provides oil & gas companies with the equipment they need for any
of their upstream oilfield operations.[BN]
The Plaintiff is represented by:
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
KRAPE LOGISTICS: Fails to Pay Overtime Wages, Elliott et al. Allege
-------------------------------------------------------------------
SETH COLE ELLIOTT, CODY PAINTER and LONNIE JORDAN, Individually,
and on behalf of themselves and others similarly situated,
Plaintiffs v. KRAPE LOGISTICS, INC. and BRIAN AND STEPHANIE KRAPE,
Individually Defendants, Case No. 3:23-cv-00369 (E.D. Tenn., Oct.
13, 2023) seeks to recover unpaid overtime compensation, and other
damages for Plaintiffs and other similarly situated current and
former day-rate delivery drivers, pursuant to the Fair Labor
Standards Act.
The Plaintiffs worked as day-rate delivery drivers for the
Defendants but they were not paid for all overtime hours at the
applicable FLSA overtime compensation rates of pay within weekly
pay period.
Headquartered in Memphis, TN, Krape Logistics, Inc. provides
delivery services for Federal Express Ground Delivery in the State
of Tennessee and in other locations. [BN]
The Plaintiffs are represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
JACKSON SHIELDS YEISER HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
LARKIN STREET: Jolivet Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Larkin Street Youth
Services, et al. The case is styled as Elizabeth Ann Jolivet, on
behalf of herself and others similarly situated v. Larkin Street
Youth Services, Does 1 to 100, Inclusive, Case No. CGC23609830
(Cal. Super. Ct., San Francisco Cty., Oct. 17, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Larkin Street Youth Services -- https://larkinstreetyouth.org/ --
is a nonprofit empowering young people to move beyond
homelessness.[BN]
The Plaintiff is represented by:
Aaron D. Boal, Esq.
LAVI & EBRAHIMIAN
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: aboal@lelawfirm.com
LCS FINANCIAL SERVICES: Vaught Files Suit in D. Colorado
--------------------------------------------------------
A class action lawsuit has been filed against LCS Financial
Services Corporation. The case is styled as Larry Vaught,
individually and on behalf of all others similarly situated v. LCS
Financial Services Corporation, Case No. 1:23-cv-02730 (D. Colo.,
Oct. 19, 2023).
The nature of suit is stated as Other Contract.
LCS Financial Services -- https://lcsfin.com/ -- provide
full-service nationwide collection solutions including charge-off
recoveries, bankruptcy services and legal management.[BN]
The Plaintiff is represented by:
Kevin Laukaitis, Esq.
LAUKAITIS LAW FIRM LLC
737 Bainbridge Street, #155
Philadelphia, PA 19147
Phone: (215) 789-4462
Email: klaukaitis@ecf.courtdrive.com
LEO'S PIZZA: Mejia Suit Seeks Unpaid Wages for Restaurant Staff
---------------------------------------------------------------
FELIX MEJIA, individually and on behalf of all others similarly
situated, Plaintiff v. LEO'S PIZZA 69 CORP (DBA LEO'S PIZZA) and
LEONEL RUBIO SILVA, Defendants, Case No. 1:23-cv-07799 (E.D.N.Y.,
October 19, 2023) is a class action against the Defendants for
failure to pay minimum wages and overtime wages in violation of the
Fair Labor Standards Act and the New York Labor Law.
Mr. Mejia was employed as a kitchen assistant at Leo's Pizza,
located at 31-01 36th Ave., Queens, New York from approximately
August 2022 until August 27, 2023.
Leo's Pizza 69 Corp, doing business as Leo's Pizza, is a restaurant
owner and operator, with its office located at 31-01 36th Ave.,
Queens, New York. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, PC
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
LITTLE FOLKS SHOP: Erkan Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Little Folks Shop 123
East, Inc. The case is styled as Nihal Erkan, on behalf of herself
and all others similarly situated v. Little Folks Shop 123 East,
Inc., Case No. 1:23-cv-07817 (E.D.N.Y., Oct. 19, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Little Folks Shop 123 East, Inc. -- https://littlefolksnyc.com/ --
is a store boasting a huge supply of baby-related merchandise,
including high-chairs, strollers & toys.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
LIVINGSTONE COLLEGE: Ortiz Files ADA Suit in W.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Livingstone College,
Inc. The case is styled as Joseph Ortiz, on behalf of himself and
all other persons similarly situated v. Livingstone College, Inc.,
Case No. 1:23-cv-01092 (W.D.N.Y., Oct. 18, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Livingstone College -- https://livingstone.edu/ -- is a private
historically black Christian college in Salisbury, North
Carolina.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTFRIED & GOTTFRIED, LLP
122 East 42nd. St., Suite 620
New York, NY 10168
Phone: (212) 228-9795
Email: michael@gottlieb.legal
LL FLOORING INC: Coleman Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against LL Flooring, Inc. The
case is styled as Alexa Ros Coleman, on behalf of all others
similarly situated v. LL Flooring, Inc., Case No. BCV-23-103493
(Cal. Super. Ct., Kern Cty., Oct. 18, 2023).
The case type is stated as "Other Employment - Civil Unlimited."
LL Flooring -- https://www.llflooring.com/ -- is one of the leading
specialty retailers of hard-surface flooring in the United
States.[BN]
The Plaintiff is represented by:
Scott M. Lidman, Esq.
LIDMAN LAW, A PROFESSIONAL CORPORATION
2155 Campus Drive, Ste. 150
El Segundo, CA 90245
Phone: 424-322-4772
Fax: 424-322-4775
Email: slidman@lidmanlaw.com
LLR INC: Van Can File Portions of Evidentiary Objections Under Seal
-------------------------------------------------------------------
In the class action lawsuit captioned as Van v. LLR, Inc. et al.,
Case No. 3:18-cv-00197 (D. Alaska, Filed Sept 5, 2018), the Hon.
Judge Joshua M. Kindred entered an order granting Van's motion to
file under seal portions of her Evidentiary Objections to
Declarations and Errata Reply in Support of the Renewed and Amended
Motion for Class Certification pursuant to the parties' Protective
Order.
Ms. Van shall file unredacted versions of these documents under
seal as soon as is practicable.
The nature of suit states Torts -- Personal Property -- Other
Fraud.[CC]
LOANDEPOT.COM: Friedlander Sues Over Unpaid Overtime Wages
----------------------------------------------------------
Adam Friedlander, individually and on behalf of all others
similarly situated v. LoanDepot.com, LLC, a Delaware Limited
Liability Company, Case No. 2:23-cv-02173-DLR (D. Ariz., Oct. 19,
2023), is brought for equitable relief, overtime wages, unpaid
wages, liquidated damages, interest, attorneys' fees, and costs
under the Fair Labor Standards Act (hereinafter "FLSA").
The Plaintiff and the Collective Members were only compensated
their commissions and were not paid an adjusted overtime hourly
rate for all time worked in excess of 40 hours in a given workweek.
The Plaintiff and the Collective Members bring this action against
Defendant for their unlawful failure to pay their overtime in
violation of the FLSA, says the complaint.
The Plaintiff was a full-time mortgage banker employed by the
Defendant.
The Defendant is a mortgage company..[BN]
The Plaintiff is represented by:
James Weiler, Esq.
WEILER LAW PLLC
5050 N. 40th St., Suite 260
Phoenix, AZ 85018
Phone & Fax: 480.442.3410
Email: jweiler@weilerlaw.com
M.R.M. FACILITY: Ramirez Sues Over Unpaid Minimum, Overtime Wages
-----------------------------------------------------------------
Carlos Enrique Martinez Ramirez, and other similarly situated v.
M.R.M. FACILITY MAINTENANCE, LLC., a California Limited Liability
Company; MANUEL RANGEL, an individual; and DOES 1 through 20,
inclusive; Case No. 23STCV25406 (Cal. Super. Ct., Los Angeles Cty.,
Oct. 18, 2023), is brought against the Defendants for violations of
the California Labor Code and The Private Attorneys General Act Of
2004, California Labor Code ("PAGA") for failure to pay minimum and
overtime wages.
The Defendants failed to pay minimum wage; failed to compensate for
all hours worked; failed to pay overtime compensation; failed to
pay rest period compensation; failed to pay meal period
compensation; failed accurate wage and hour statements; failed to
pay wages upon discharge; statutory penalties, says the complaint.
The Plaintiff was employed by the Defendants as a construction
maintenance worker and general laborer between 2019 through
approximately July 7, 2023.
M.R.M. FACILITY MAINTENANCE, LLC. is a construction company
business.[BN]
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (818) 473-5003
Facsimile: (818) 476-5619
Email: contact@slawla.com
MARATHON PETROLEUM: Dixon Suit Removed to E.D. Louisiana
--------------------------------------------------------
The case styled as Shantrell Dixon, individually and on Behalf of
others Similarly Situated v. Marathon Petroleum Company LP,
Marathon Petroleum Corporation, Case No. 80678 B was removed from
the 40th Judicial District Court, St. John the Baptist, to the U.S.
District Court for the Eastern District of Louisiana on Oct. 18,
2023.
The District Court Clerk assigned Case No. 2:23-cv-06312-DJP-JVM to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Marathon Petroleum Corporation --
https://www.marathonpetroleum.com/ -- is an American petroleum
refining, marketing, and transportation company headquartered in
Findlay, Ohio.[BN]
The Plaintiff is represented by:
Lawrence J. Centola, III, Esq.
Jason Zachary Landry, Esq.
Jeremy James Landry, Esq.
Scott R. Bickford, Esq.
MARTZELL & BICKFORD
338 Lafayette St.
New Orleans, LA 70130
Phone: (504) 581-9065
Email: lcentola@mbfirm.com
jzl@mbfirm.com
jjl@mbfirm.com
srb@mbfirm.com
- and -
Damon Joseph Baldone, Esq.
DAMON J. BALDONE & ASSOCIATES
162 New Orleans Blvd.
Houma, LA 70364
Phone: (985) 868-3427
Fax: (985) 872-2319
Email: gwen@baldonelaw.com
The Defendant is represented by:
Tim D. Gray, Esq.
Chandler Agee, Esq.
Chelsea Gaudin Favret, Esq.
McCann Elizabeth LeFeve, Esq.
FORMAN, WATKINS & KRUTZ LLP (NEW ORLEANS)
201 St. Charles Ave., Suite 2100
New Orleans, LA 70170
Phone: (504) 799-4383
Fax: (504) 799-4384
Email: tim.gray@formanwatkins.com
chandler.agee@formanwatkins.com
chelsea.gaudin@formanwatkins.com
mccann.lefeve@formanwatkins.com
MASONITE INTERNATIONAL: Seeks Stay of Antitrust Suit in Quebec
---------------------------------------------------------------
Masonite International 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 it is currently
facing an antitrust class action proceeding in the Province of
Québec, Canada but on December 22, 2020, the parties filed a
motion with the court seeking to stay the proceeding.
On May 19, 2020, said class proceeding named Masonite Corporation,
Corporation Internationale Masonite, JELD-WEN, Inc., JELD-WEN
Holding, Inc. and JELD-WEN of Canada, Ltd. and alleges that the
Masonite and JELD-WEN defendants engaged in anticompetitive
conduct, including price-fixing involving interior molded doors.
The intended class proceeding seeks damages, punitive damages, and
other relief.
Masonite International Corporation is a global designer,
manufacturer, marketer and distributor of interior and exterior
doors, door system components and door systems for the new
construction and repair, renovation and remodeling sectors of the
residential and non-residential building construction markets.
Masonite operates 63 manufacturing locations in seven countries and
sells doors to customers throughout the world with our largest
markets being the United States, Canada and the United Kingdom.
MAXIMUS FEDERAL: Bishop Suit Transferred to D. Massachusetts
------------------------------------------------------------
The case captioned as David Bishop, on behalf of himself and all
others similarly situated, Plaintiff; Linden Buzzell, Carlos
Harding, Clifford Beers, Wade Nugent, Leo Wilt, Alexys Taylor,
Consolidated Plaintiffs; v. Maximus Federal Services, Inc., Case
No. 1:23-cv-01019 was transferred from the U.S. District Court for
the Eastern District of Virginia, to the U.S. District Court for
the District of Massachusetts on Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12422 to the
proceeding.
The nature of suit is stated as Other Statutory Actions for
Tort/Non-Motor Vehicle.
Maximus federal IT services -- https://maximus.com/ -- provides the
latest advanced technology consulting services.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Avenue NW, Suite 440
Washington, DC 20015
Phone: (866) 252-0878
Email: dlietz@milberg.com
- and -
Lee Adair Floyd, Esq.
BREIT BINIAZAN
2100 East Cary Street, Ste. 310
Richmond, VA 23223
Phone: (703) 517-3514
Email: lee@bbtrial.com
The Defendant is represented by:
Jon M. Talotta
HOGAN LOVELLS US LLP (VA)
8350 Broad Street, 17th Flr.
Tysons, VA 22102
Phone: (703) 610-6156
Email: jmtalotta@hhlaw.com
- and -
Allison Marie Holt Ryan
HOGAN LOVELLS US LLP (DC-NA)
555 13th St NW
Washington, DC 20004-1109
Phone: (202) 637-5600
Fax: (202) 637-5910
Email: allison.holt-ryan@hoganlovells.com
MAXIMUS INC: Beers Suit Transferred to D. Massachusetts
-------------------------------------------------------
The case captioned as Clifford Beers and Wade Nugent, individually
and on behalf of all others similarly situated v. MAXIMUS, INC. and
MAXIMUS FEDERAL SERVICES, INC., Case No. 1:23-cv-01107 was
transferred from the U.S. District Court for the Eastern District
of Virginia, to the U.S. District Court for the District of
Massachusetts on Oct. 20, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12444-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property.
Maximus Inc. -- https://maximus.com/ -- is an American government
services company, with global operations in countries including the
United States, Australia, Canada, and the United Kingdom.[BN]
The Plaintiff is represented by:
Bernadette Armand, Esq.
DICELLO LEVITT LLP
1101 17th Street NW, Suite 1000
Washington, DC 20036
Phone: (202) 975-2288
Email: barmand@dicellolevitt.com
The Defendant is represented by:
Jon M. Talotta, Esq.
HOGAN LOVELLS US LLP (VA)
8350 Broad Street, 17th Flr.
Tysons, VA 22102
Phone: (703) 610-6156
Email: jmtalotta@hhlaw.com
- and -
Allison Marie Holt Ryan, Esq.
HOGAN LOVELLS US LLP (DC-NA)
555 13th St NW
Washington, DC 20004-1109
Phone: (202) 637-5600
Fax: (202) 637-5910
Email: allison.holt-ryan@hoganlovells.com
MAXLINEAR INC: Continues to Defend Water Island Class Suit
----------------------------------------------------------
MaxLinear Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2023 filed with the Securities and
Exchange Commission on October 25, 2023, that the Company continues
to defend itself from the Water Island class suit in the United
States District Court for the Southern District of California.
On August 31, 2023, a Silicon Motion stockholder filed a putative
class action complaint in the United States District Court for the
Southern District of California captioned Water Island Event-Driven
Fund v. MaxLinear, Inc., No. 23-cv-01607 (S.D. Cal.), against
MaxLinear and certain of its current officers.
The complaint includes two claims: (1) an alleged violation of
Section 10(b) of the Securities Exchange Act of 1934, or the
"Exchange Act," and Rule 10b-5 promulgated thereunder; and (2) an
alleged violation of Section 20(a) of the Exchange Act.
The complaint alleges that the defendants made false and misleading
statements and/or omitted material facts that MaxLinear had a duty
to disclose, concerning the Company's ability and intention to
timely close the merger with Silicon Motion, including that: (i)
MaxLinear had allegedly decided it would not consummate the merger
because the economic circumstances surrounding the merger had
materially changed, including a material downturn in the
semiconductor industry and rising interest rates; (ii) MaxLinear
had allegedly determined to unilaterally terminate the merger in
the event the merger was approved by SAMR; (iii) MaxLinear had
allegedly intended to argue that certain conditions in Article 6 of
the Merger Agreement had not been satisfied as required by May 5,
2023 as a basis to terminate the merger; and (iv) as a result,
MaxLinear had allegedly materially misrepresented the viability of
the merger, the purported benefits of the merger, and the
likelihood that the merger would be consummated.
The complaint seeks compensatory damages, including interest, costs
and expenses and such other equitable or injunctive relief that the
court deems appropriate.
MaxLinear believes that complaint's claims are without merit and
will vigorously defend its position.
MaxLinear is a provider of fabless radio frequency ("RF"), analog,
and mixed-signal integrated circuits ("ICs") often referred to as
chips, microchips, or semiconductors.[BN]
MEMBERS LIFE: Bivens Suit Transferred to D. Massachusetts
---------------------------------------------------------
The case captioned as Allen Bivens, on behalf of himself and all
others similarly situated v. MEMBERS Life Insurance Company
doing business as: Trustage Financial Group, Inc., Case No.
3:23-cv-00549 was transferred from the U.S. District Court for the
Western District of Wisconsin, to the U.S. District Court for the
District of Massachusetts on Oct. 19, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12427-ADB to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
MEMBERS Life Insurance Company operates as an insurance company.
The Company offers life, accident, and health insurance throughout
the United States.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Facsimile: (954) 525-4300
Email: ostrow@kolawyers.com
- and -
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 705
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
The Defendant is represented by:
Michael D Leffel, Esq.
FOLEY & LARDNER LLP
150 East Gilman Street
Madison, WI 53703
Phone: (608) 258-4216
Email: mleffel@foley.com
- and -
Anne-Louise T. Mittal
FOLEY & LARDNER
777 E Wisconsin Ave
Milwaukee, WI 53202
Phone: (414) 319-7215
Email: amittal@foley.com
MEMBERS LIFE: Leet Contract Suit Moved From W.D. Wis. to D. Mass.
-----------------------------------------------------------------
The case styled BRIANNA LEET, individually and on behalf of all
others similarly situated v. MEMBERS LIFE INSURANCE COMPANY d/b/a
TRUSTAGE FINANCIAL GROUP, INC., Case No. 3:23-cv-00587, was removed
from the U.S. District Court for the Western District of Wisconsin
to the U.S. District Court for the District of Massachusetts on
October 19, 2023.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:23-cv-12435-ADB to the proceeding.
The case arises from the Defendant's alleged negligence, breach of
implied contract, breach of the implied covenant of good faith and
fair dealing, and unjust enrichment by failing to properly secure
and safeguard the Plaintiff's and Class members' protected health
information and personally identifiable information stored within
its information network following a data breach.
Members Life Insurance Company, doing business as TruStage
Financial Group, Inc., is an insurance firm headquartered at 5910
Mineral Point Road, Madison, Wisconsin. [BN]
The Plaintiff is represented by:
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
E-mail: klaukaitis@laukaitislaw.com
MEMBERS LIFE: Leet Suit Transferred to D. Massachusetts
-------------------------------------------------------
The case captioned as Brianna Leet individually and on behalf of
all others similarly situated v. MEMBERS Life Insurance Company
doing business as: Trustage Financial Group, Inc., Case No.
3:23-cv-00587 was transferred from the U.S. District Court for the
Western District of Wisconsin, to the U.S. District Court for the
District of Massachusetts on Oct. 19, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12435-ADB to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
MEMBERS Life Insurance Company operates as an insurance company.
The Company offers life, accident, and health insurance throughout
the United States.[BN]
The Plaintiff is represented by:
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon, Suite 205, #10518
San Juan, PR 00907
Phone: (215) 789-4462
Email: klaukaitis@ecf.courtdrive.com
MG LLC: Cole Files TCPA Suit in M.D. Tennessee
----------------------------------------------
A class action lawsuit has been filed against MG LLC. The case is
styled as Virginia Cole, individually and on behalf of all others
similarly situated v. MG LLC doing business as: Tranzact, John Doe
Corporation, Case No. 3:23-cv-01083 (M.D. Tenn., Oct. 17, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
MG LLC doing business as TRANZACT -- https://www.tranzact.net/ --
is the premier marketplace for the distribution of
direct-to-consumer Insurance products, reaching millions of
consumers.[BN]
The Plaintiff is represented by:
Scott Alan Lanzon, Esq.
THE LANZON FIRM
550 W Main Street, Suite 550
Knoxville, TN 37902
Phone: (865) 212-0955
Fax: (865) 212-0956
Email: scott.lanzon@gmail.com
MIDLAND FINANCIAL: Linman Suit Removed to W.D. Oklahoma
-------------------------------------------------------
The case styled as Scott Linman, on behalf of his minor child L.L.,
on behalf of all others similarly situated v. Midland Financial
Co., Case No. CJ-23-05345 was removed from The District Court for
Oklahoma County, to the U.S. District Court for the Western
District of Oklahoma on Oct. 19, 2023.
The District Court Clerk assigned Case No. 5:23-cv-00955-SLP to the
proceeding.
The nature of suit is stated as Banks and Banking.
Midland Financial -- https://www.midlandfinancial.net/ -- is a
full-service independent financial planning and investment
management company based in Rogers, Arkansas.[BN]
The Plaintiff is represented by:
Jessica A. Wilkes, Esq.
OKLAHOMA OFFICE OF THE ATTORNEY GENERAL
313 NE 21st St.
Oklahoma City, OK 73105
Phone: (405) 521-3921
Fax: (405) 521-4518
Email: jessica.wilkes@oag.ok.gov
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
The Defendant is represented by:
Anthony J. Hendricks, Esq.
Timila S. Rother, Esq.
William H. Hoch, III, Esq.
CROWE & DUNLEVY-OKC
Braniff Building
324 N Robinson Ave., Suite 100
Oklahoma City, OK 73102
Phone: (405) 239-5411
Fax: (405) 272-5932
Email: Anthony.Hendricks@crowedunlevy.com
timila.rother@crowedunlevy.com
will.hoch@crowedunlevy.com
MIDLAND FINANCIAL: Rubenstein Suit Removed to W.D. Oklahoma
-----------------------------------------------------------
The case styled as Chris Rubenstein, on behalf of all others
similarly situated v. Midland Financial Co., Case No. CJ-23-05328
was removed from The District Court for Oklahoma County, to the
U.S. District Court for the Western District of Oklahoma on Oct.
19, 2023.
The District Court Clerk assigned Case No. 5:23-cv-00954-PRW to the
proceeding.
The nature of suit is stated as Banks and Banking.
Midland Financial -- https://www.midlandfinancial.net/ -- is a
full-service independent financial planning and investment
management company based in Rogers, Arkansas.[BN]
The Plaintiff is represented by:
Jessica A. Wilkes, Esq.
OKLAHOMA OFFICE OF THE ATTORNEY GENERAL
313 NE 21st St.
Oklahoma City, OK 73105
Phone: (405) 521-3921
Fax: (405) 521-4518
Email: jessica.wilkes@oag.ok.gov
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
The Defendant is represented by:
Anthony J. Hendricks, Esq.
Timila S. Rother, Esq.
William H. Hoch, III, Esq.
CROWE & DUNLEVY-OKC
Braniff Building
324 N Robinson Ave., Suite 100
Oklahoma City, OK 73102
Phone: (405) 239-5411
Fax: (405) 272-5932
Email: Anthony.Hendricks@crowedunlevy.com
timila.rother@crowedunlevy.com
will.hoch@crowedunlevy.com
NEKTAR THERAPEUTICS: Stockholder Suit Voluntarily Dismissed
-----------------------------------------------------------
Nektar Therapeutics disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 9, 2023, that on July 21, 2023, pursuant to an
order by the Court of Chancery, all claims in a putative class
action complaint filed in the Court of Chancery of the State of
Delaware on May 2, 2023 were voluntarily dismissed with prejudice
against the plaintiff.
The plaintiff in this complaint alleges section 13 of Nektar's
bylaws relating to stockholder action without meeting violates
Delaware law and is therefore void.
Nektar Therapeutics is a research-based biopharmaceutical company
headquartered in San Francisco, California into the development of
a pipeline of drug candidates that utilize polymer conjugate
technology platforms, which are designed to enable the development
of new molecular entities that target known mechanisms of action.
NEW BALANCE: Filing for Class Cert. Bid Due April 10, 2024
----------------------------------------------------------
In the class action lawsuit captioned as Cristostomo, et al., v.
New Balance Athletics, Inc., Case No. 1:21-cv-12095 (D. Mass.,
Filed Dec. 20, 2021), the Hon. Judge Myong J Joun entered an order
granting in part amended deadlines:
-- Close of Fact Discovery: March 13, 2024
-- Deadline for Parties to Mediate March 14, 2024
the Matter:
-- Deadline for Filing Class Certification April 10, 2024
Motion:
-- Expert Discovery Closes: Aug. 7, 2024
-- Deadline for Filing of Dispositive Sept. 4, 2024
Motions:
-- Deadline for Filing of Oppositions Sept. 25, 2024
to Dispositive Motions:
-- Deadline for Filing of Replies Oct. 9, 2024
in Support of Dispositive Motions:
The nature of suit states Torts -- Personal Property -- Other
Fraud.
New Balance provides athletic footwear products.[CC]
NXT JET: Completion of Discovery Due Oct. 15, 2024
--------------------------------------------------
In the class action lawsuit captioned as ZAP AVIATION, LLC, v. NXT
JET, INC., KEVIN WARGO, CHRIS TASCA, MARCELLO RUBANO and FLY
ALLIANCE CHARTER, LLC, Case No. 6:23-cv-01149-RBD-LHP (M.D. Fla.),
the Parties request class certification deadlines and dates as
follows:
Deadline for providing mandatory initial Nov. 2, 2023
Disclosures:
Deadline for moving to join a party, or Dec. 27, 2023
amend the pleadings:
Deadline for serving expert disclosures
under Rule 26(a)(2), including any report
required by Rule 26(a)(2)(B):
Plaintiff: Aug. 1, 2024
Defendant: Sept. 2, 2024
Rebuttal: Sept. 12, 2024
Deadline for completing discovery and Oct. 15, 2024
filing any motion to compel discovery:
Deadline for filing any dispositive Nov. 1, 2024
and Daubert motion:
Deadline for participating in mediation: Nov. 27, 2024
Date of the final pretrial meeting: Feb. 14, 2025
Deadline for filing the joint final Feb. 26, 2025
pretrial statement, any motion in
limine, proposed jury instructions,
and verdict form:
Date of the final pretrial conference. March 3, 2025
A copy of the Parties' motion dated Oct. 18, 2023 is available from
PacerMonitor.com at https://bit.ly/48Y2aYH at no extra charge.[CC]
The Plaintiff is represented by:
Brendan Collins, Esq.
Walter L. Rogers, Esq.
The Defendant is represented by:
Kelly M. Purcaro, Esq.
Kory Ann Ferro, Esq.
ONPROCESS TECHNOLOGY: Filing for Class Cert Bid Due Sept. 27, 2024
------------------------------------------------------------------
In the class action lawsuit captioned as STARLING v. ONPROCESS
TECHNOLOGY, INC., Case No. 1:23-cv-10949 (D. Mass., Filed May 1,
2023), the Hon. Judge Angel Kelley entered a scheduling order with
the following deadlines:
-- Amendments to Pleadings: Dec. 22, 2023
-- All discovery, other than expert Nov. 29, 2024
discovery, must be completed by:
-- The Plaintiff will file her Motion Sept. 27, 2024
for Class Certification by:
-- The Plaintiffs trial experts must be Jan. 3, 2025
designated, and the information
contemplated by Fed. R. Civ. P.
26(a)(2) must be disclosed, by:
-- Plaintiffs trial experts must be March 7, 2025
deposed by:
-- Defendants trial experts must be Feb. 3, 2025
designated, and the information
contemplated by Fed. R. Civ. P.
26(a)(2) must be disclosed, by:
-- The Defendants trial experts must April 7, 2025
be deposed by:
-- Dispositive motions, such as motions May 23, 2025
for summary judgment and motions for
judgment on the pleadings, must be
filed by:
The nature of suit states Restrictions of Use of Telephone
Equipment.
Onprocess provides service supply chain optimization and customer
experience management services.[CC]
PANDORA JEWELRY: Fails to Pay Proper Wages, Breaux Suit Claims
--------------------------------------------------------------
LA VONTRA BREAUX, in a Representative capacity only, and on behalf
of other members of the general public similarly situated,
Plaintiff v. PANDORA JEWELRY LLC, a Maryland Limited Liability
Company; and DOES 1-10, inclusive, Defendants, Case No. 23SMCV04825
(Cal. Super., Los Angeles Cty., Oct. 13, 2023) alleges violations
of the California Labor Code and the California Business and
Professions Code.
On or about November 28, 2022, the Plaintiff commenced working for
Defendants. The Plaintiff's employment with Defendants has lasted
through July 3, 2023. Throughout their employment, Plaintiff and
all other aggrieved employees were and are denied full and accurate
compensation, including overtime compensation. Among other things,
Plaintiff were and are denied meal and rest periods and meal and
rest period payments, says the suit.
Pandora Jewelry LLC designs, manufactures and markets jewelry
products. [BN]
The Plaintiff is represented by:
Eric K. Yaeckel, Esq.
Ryan T. Kuhn, Esq.
Karoline D. Kitlowski, Esq.
SULLIVAN & YAECKEL LAW GROUP, APC
2330 Third Avenue
San Diego, CA 92101
Telephone: (619) 702-6760
Facsimile: (619) 702-6761
E-mail: yaeckel@sullivanlawgroupapc.com
ryan@sullivanlawgroupapc.com
karoline@sullivanlawgroupapc.com
PAYPAL HOLDINGS: Sabol Suit Hits Over Anti-Steering Rules
---------------------------------------------------------
CHRISTIAN SABOL and SAMANTHIA RUSSELL, on behalf of themselves and
all others similarly situated, Plaintiffs v. PAYPAL HOLDINGS, INC.,
a California Corporation, PAYPAL, INC., a California Corporation,
Defendants, Case No. 5:23-cv-05100-NC (N.D. Cal., Oct. 5, 2023) is
a class action brought by the Plaintiffs, individually and on
behalf of a Class of consumers nationwide, who have agreed to
PayPal's Anti-Steering Rules, asserting claims under the Sherman
Act and state competition laws and seeking damages, injunctive
relief, equitable relief, and all other remedies available to
redress their injuries.
This action concerns anticompetitive agreements between PayPal and
all eCommerce merchants that accept PayPal as a method of payment.
The vast majority of eCommerce merchants have entered these
agreements, including major retailers such as Home Depot, Best Buy
and Kohl's. To accept PayPal, eCommerce merchants in the United
States enter form contracts with PayPal that (since no later than
2010) strictly prohibit offering price discounts when consumers use
non-PayPal means of payment. Accordingly, while PayPal charges
merchants the highest transaction fees in the industry (more than
3.5% per eCommerce transaction), PayPal-accepting merchants have
agreed by contract that they will not use price incentives to steer
consumers away from PayPal to more cost-effective payment
solutions, says the suit.
The Anti-Steering Rules substantially insulate PayPal from normal
price competition on the transaction fees they charge. By
purposefully severing this basic form of signaling, the
Anti-Steering Rules leave consumers to choose between payments
alternatives with little awareness of the economic repercussions of
their selection. This neutralizes consumers' ability to discipline
PayPal's pricing through their purchase decisions, the suit
asserts.
Paypal Holdings, Inc. operates a technology platform that enables
digital payments on behalf of merchants and consumers
worldwide.[BN]
The Plaintiffs are represented by:
Ben M. Harrington, Esq.
Abby R. Wolf, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: benh@hbsslaw.com
abbyw@hbsslaw.com
- and -
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
- and -
Brian D. Clark, Esq.
Stephen J. Teti, Esq.
Arielle S. Wagner, Esq.
Develyn J. Mistriotti, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: bdclark@locklaw.com
sjteti@locklaw.com.com
aswagner@locklaw.com
djmistriotti@locklaw.com
PFIZER INC: Chantix-Related Suit Ongoing in New York
----------------------------------------------------
Pfizer 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 December 2022, federal
actions have been transferred for coordinated pre-trial proceedings
to a multi-district litigation in the U.S. District Court for the
Southern District of New York.
Beginning in August 2021, a number of putative class actions have
been filed against Pfizer in various U.S. federal courts following
Pfizer's voluntary recall of "Chantix" due to the presence of a
nitrosamine, N-nitroso-varenicline. Plaintiffs assert that they
suffered economic harm purportedly as a result of purchasing
Chantix or generic varenicline medicines sold by Pfizer.
Plaintiffs seek to represent nationwide and state-specific classes
and seek various remedies, including damages and medical
monitoring.
Pfizer Inc. is a research-based, global biopharmaceutical company.
It manages its commercial operations through a global structure
consisting of two operating segments: Biopharma and Business
Innovation.
PFIZER INC: Class Cert Hearing in BDC Suit Set for Nov. 27
----------------------------------------------------------
In the class action lawsuit captioned as BURLINGTON DRUG CO., INC.
et al v. PFIZER INC. et al., Case No. 3:12-cv-02389-PGS-DEA
(D.N.J.), the Hon. Judge Peter G. Sheridan entered an order that:
-- All counsel arguing the motions and all counsel involved in
settlement discussions shall appear in-person each day from
November 27, 2023 to December 1, 2023 at 10:00 a.m. in
Courtroom 1
at the Clarkson S. Fisher Building & U.S. Courthouse, 402 East
State Street, Trenton, NJ 08608;
-- Counsel lacking settlement authority must bring a
representative
of their client bearing such authority, who shall appear
in-person
each day from November 27, 2023 to December 1, 2023 at 10:00
a.m.
in Courtroom 1 at the Clarkson S. Fisher Building & U.S.
Courthouse, 402 East State Street, Trenton, NJ 08608; and
-- the hearings on the DPPs' motion for class certification, the
DPPs' motion for summary judgment and the EPPs’ motion for
class
certification shall be heard on November 27 and 28, 2023;
-- the time restrictions applicable to the evidentiary hearing on
the EPPs' motion for class certification as set forth in the
Court's prior Order remain in effect; and
-- at the conclusion of the hearings, all counsel, along with
representatives for the parties with settlement authority,
shall
appear in-person for a settlement conference before Magistrate
Judge Arpert.
Pfizer offers medicines, vaccines, medical devices, and consumer
healthcare products.
A copy of the Court's order dated Oct. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/3M7RHAh at no extra charge.[CC]
PHILO INC: Brinkley Sues Over Disclosure of Personal Info to FB
---------------------------------------------------------------
DENISE BRINKLEY, individually and on behalf of all others similarly
situated, Plaintiff v. PHILO, INC., Defendant, Case No.
3:23-cv-01207 (M.D. Fla., Oct. 13, 2023) arises from the
Defendant's practice of knowingly disclosing to Meta Platforms,
Inc., information which identifies Plaintiff and the putative Class
Members as having requested or obtained specific video materials or
services from Defendant, in violation of the Video Privacy
Protection Act.
The Plaintiff alleges that the Defendant knowingly violated the
VPPA by embedding the Meta Pixel within its website and by sharing
Plaintiff's and the Class Members' video viewing history along with
their unique Facebook Identification numbers without providing any
notification to them and without informed, written consent.
Based in San Francisco, CA, Philo, Inc.is an internet television
company operates a website (www.philo.com) that offers both
prerecorded and live-stream videos to individuals who subscribe to
its services. [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
POPULAR INC: Faces Lipsett Suit in New York
--------------------------------------------
Popular 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 January 31, 2022, Popular was
also named as a defendant on a putative class action complaint
captioned "Lipsett v. Popular, Inc. d/b/a Banco Popular," filed
before the U.S. District Court for the Southern District of New
York, seeking damages, restitution and injunctive relief.
Plaintiff alleges breach of contract, including violations of the
covenant of good faith and fair dealing, as a result of Popular's
purported practice of charging overdraft fees. The complaint
further alleged that Popular assesses OD Fees over authorized
transactions for which sufficient funds are held for settlement.
Popular waived service of process and filed a Motion to Compel
Arbitration.
In response to Popular's motion, plaintiff filed a Notice of
Voluntary Dismissal in April 2022.
In June 2022, after serving Plaintiff with a written notice of
election to arbitrate the claims asserted in the complaint which
went unanswered, Popular Bank (PB) filed a Pre-Motion Conference
motion related to a new Motion to Compel Arbitration. After
Plaintiff responded to the Pre-Motion conference motion, the Court
allowed PB to file its Motion to Compel Arbitration, which it did
in September 2022. Plaintiff opposed such motion in October 2022,
and PB filed its reply in November 2022.
On December 9, 2022, the Court issued a Decision and Order denying
PB's Motion to Compel Arbitration. On December 20, 2022, PB filed a
Notice of Appeal with the United States Court of Appeals for the
Second Circuit. PB filed its appeal brief on April 5, 2023 and
Plaintiff filed his opposition brief on July 5, 2023. PB filed its
reply brief on July 26, 2023. The matter is now fully briefed and
pending resolution.
Popular, Inc. is a diversified, publicly-owned financial holding
company subject to the supervision and regulation of the Board of
Governors of the Federal Reserve System. The Corporation has
operations in Puerto Rico, the mainland United States and the U.S.
and British Virgin Islands.
POPULAR INC: Settlement Deal in Golden Suit Wins Initial OK
-----------------------------------------------------------
Popular 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 March 31, 2023, U.S. District
Court for the Southern District of New York issued an order
granting preliminary approval of the settlement agreement of a
putative class action complaint captioned "Golden v. Popular, Inc."
filed in March 2020 before said court, seeking damages, restitution
and injunctive relief.
Plaintiff alleged breach of contract, violation of the covenant of
good faith and fair dealing, unjust enrichment and violation of New
York Consumer protection law due to Popular's purported practice of
charging overdraft (OD) fees on transactions that, under
plaintiffs' theory, do not overdraw the account.
Plaintiff described Popular's purported practice of charging OD
Fees as "Authorize Positive, Purportedly Settle Negative" (APPSN)
transactions and alleged that Popular assesses OD Fees over
authorized transactions for which sufficient funds are held for
settlement.
In August 2020, Popular filed a Motion to Dismiss on several
grounds, including failure to state a claim against Popular, Inc.
and improper venue. In October 2020, Plaintiff filed a Notice of
Voluntary Dismissal before the U.S. District Court for the Southern
District of New York and, simultaneously, filed an identical
complaint in the U.S. District Court for the District of the Virgin
Islands against Popular, Inc., Popular Bank and BPPR.
In November 2020, Plaintiff filed a Notice of Voluntary Dismissal
against Popular, Inc. and Popular Bank following a Motion to
Dismiss filed on behalf of such entities, which argued failure to
state a claim and lack of minimum contacts of such parties with the
U.S.V.I. district court jurisdiction. BPPR, the only defendant
remaining in the case, was served with process in November 2020 and
filed a Motion to Dismiss in January 2021. In October 2021, the
District Court, notwithstanding that BPPR's Motion to Dismiss
remained pending resolution, held an initial scheduling conference
and, thereafter, issued a trial management order where it scheduled
the deadline for all discovery for November 2022, and several other
trial-related deadlines for June 2023.
During a mediation hearing held in October 2022, the parties
reached a settlement in principle on a class-wide basis subject to
final court approval. In January 2023, the parties filed before the
court a motion for preliminary approval of the settlement
agreement. The final approval hearing is scheduled for September 8,
2023.
Popular, Inc. is a diversified, publicly-owned financial holding
company subject to the supervision and regulation of the Board of
Governors of the Federal Reserve System. The Corporation has
operations in Puerto Rico, the mainland United States and the U.S.
and British Virgin Islands.
PROGRESSIVE CASUALTY: Madaffari Suit Transferred to N.D. Ohio
-------------------------------------------------------------
The case styled as Giovanni J. Madaffari, on behalf of himself and
all others similarly situated v. Progressive Casualty Insurance
Company, Case No. 0:23-cv-61785 was transferred from the U.S.
District Court for the Southern District of Florida, to the U.S.
District Court for the Northern District of Ohio on Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-02047-CAB to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Progressive Preferred Insurance Company --
https://www.progressive.com/ -- provides insurances services. The
Company offers homeowners insurance, workmen's compensation
coverage, automotive insurance, and property and casualty
re-insurance services to individuals and businesses.[BN]
The Plaintiff is represented by:
Benjamin W. Raslavich, Esq.
KUHN RASLAVICH, P.A.
2110 West Platt Street
Tampa, FL 33606
Phone: (813) 422-7782
Fax: (813) 422-7783
Email: ben@thekrfirm.com
The Defendant is represented by:
Elizabeth D. Adler, Esq.
Phyllis B. Sumner, Esq.
Robert D. Griest, Esq.
King & Spalding-Atlanta
1180 Peachtree Street, Suite 1700
Atlanta, GA 30309
Phone: (404) 572-5104
Email: eadler@kslaw.com
psumner@kslaw.com
rgriest@kslaw.com
- and -
Ross Elliot Linzer, Esq.
KING & SPALDING
Southeast Financial Center
200 S. Biscayne Boulevard, Suite 4700
Miami, FL 33131
Phone: (305) 462-6029
PROGRESSIVE PREFERRED: Ambrosio Allowed to File Docs Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as Elliott Ambrosio, et al.,
v. Progressive Preferred Insurance Company, et al., Case No.
2:22-cv-00342-SMB (D. Ariz.), the Hon. Judge Susan Brnovich entered
an order granting the motion to file under seal.
Pursuant to Plaintiffs' Motion to File under Seal Plaintiffs' Reply
in Support of Motion for Class Certification and cited Exhibits 13,
15,17,18,19.
Progressive offers homeowners insurance, workmen's compensation
coverage, automotive insurance, and property and casualty
re-insurance services to individuals and businesses.
A copy of the Court's order dated Oct. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/3QnrLmv at no extra charge.[CC]
PROTOFAST HOLDING: Must Oppose Clavel Class Cert Bid by Nov. 17
---------------------------------------------------------------
In the class action lawsuit captioned as Clavel v. Marco Gil and
Protofast Holding Corp., Case No. 2:22-cv-04486 (E.D.N.Y., Filed
July 29, 2022), the Hon. Judge Pamela K. Chen entered an order
approving the deadline to serve opposition and reply briefs on
motion to certify class and appoint class counsel as follows:
-- The Defendants deadline to serve Nov. 17, 2023
their memorandum of law in
opposition to the Plaintiffs
Motion to Certify Class and
Appoint Class Counsel is
extended to:
-- The Plaintiffs deadline to serve Dec. 18, 2023
his reply memorandum of law in
further support of Plaintiffs
Motion to Certify Class and
Appoint Class Counsel is extended
to and including:
The suit alleges violation of the Fair Labor Standards Act
involving denial of overtime compensation.[CC]
PRUDENTIAL INSURANCE: Ct. Directs Filing o Discovery Plan in Cozad
------------------------------------------------------------------
In the class action lawsuit captioned as Cozad v. Prudential
Insurance Company of America and Tommy L Edwards, et al., Case No.
1:23-cv-01334-JES-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.
A copy of the Court's standing order dated Oct. 17, 2023 is
available from PacerMonitor.com at https://bit.ly/46C60oE at no
extra charge.[CC]
QUEST DIAGNOSTICS: Seeks Dismissal of Bickham Suit vs Subsidiary
----------------------------------------------------------------
Quest Diagnostics Incorporated disclosed in its Form 10-Q Report
for the quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
Company moved to dismiss the Bickham putative class suit filed
against its subsidiary ReproSource Fertility Diagnostics Inc.
ReproSource Fertility Diagnostics, Inc. ("ReproSource"), a
subsidiary of the Company, is subject to a putative class action
lawsuit in the U.S. District Court for Massachusetts: Bickham v.
ReproSource Fertility Diagnostics, Inc.
The class action is related to a data security incident that
occurred in August 2021 in which an unauthorized party may have
accessed or acquired protected health information and personally
identifiable information of ReproSource patients.
The complaint generally alleges that ReproSource, among other
claims, failed to adequately safeguard customers' private
information.
The Company moved to dismiss the complaint.
Quest Diagnostics Incorporated is a diagnostic information
services
business, providing diagnostic information services through its
nationwide network of laboratories, patient service centers and
phlebotomists in physician offices and its connectivity resources,
including call centers and mobile paramedics, nurses and other
health and wellness professionals.
QUEST DIAGNOSTICS: Seeks Dismissal of Gordon Suit vs Subsidiary
---------------------------------------------------------------
Quest Diagnostics Incorporated disclosed in its Form 10-Q Report
for the quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
Company moved to dismiss the Gordon putative class suit filed
against its subsidiary ReproSource Fertility Diagnostics Inc.
ReproSource Fertility Diagnostics, Inc. ("ReproSource"), a
subsidiary of the Company, is subject to a putative class action
lawsuit in the U.S. District Court for Massachusetts: Gordon v.
ReproSource Fertility Diagnostics, Inc.
The class action is related to a data security incident that
occurred in August 2021 in which an unauthorized party may have
accessed or acquired protected health information and personally
identifiable information of ReproSource patients.
The complaint generally alleges that ReproSource, among other
claims, failed to adequately safeguard customers' private
information.
The Company moved to dismiss the complaint.
Quest Diagnostics Incorporated is a diagnostic information
services
business, providing diagnostic information services through its
nationwide network of laboratories, patient service centers and
phlebotomists in physician offices and its connectivity resources,
including call centers and mobile paramedics, nurses and other
health and wellness professionals.
QUEST DIAGNOSTICS: Seeks Dismissal of Trouville Suit vs Subsidiary
-------------------------------------------------------------------
Quest Diagnostics Incorporated disclosed in its Form 10-Q Report
for the quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
Company moved to dismiss and/or transfer the Trouville putative
class suit filed against its subsidiary ReproSource Fertility
Diagnostics Inc. from California state court to the U.S. District
Court for Massachusetts.
A putative class action pertaining to the same data security
incident, Trouville v. ReproSource Fertility Diagnostics, Inc., was
filed in California state court.
The Company removed the case to federal court and moved to dismiss
and/or transfer it to U.S. District Court for Massachusetts.
Quest Diagnostics Incorporated is a diagnostic information
services
business, providing diagnostic information services through its
nationwide network of laboratories, patient service centers and
phlebotomists in physician offices and its connectivity resources,
including call centers and mobile paramedics, nurses and other
health and wellness professionals.
R1 RCM: $45.4MM Class Settlement to be Heard on Dec. 14
-------------------------------------------------------
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN RE R1 RCM INC. STOCKHOLDERS
LITIGATION
CONSOLIDATED
C.A. 2021-0318-PAF
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF
STOCKHOLDER CLASS AND DERIVATIVE ACTION,
SETTLEMENT HEARING, AND RIGHT TO APPEAR
TO: All holders of R1 RCM Inc. ("R1" or the "Company") common
stock, whether beneficial or of record, together with their
respective heirs, successors in interest, transferees, and
assignees, from August 18, 2020, through the close of trading on
September 27, 2023 (the "Settlement Class") and all current holders
of R1 common stock.
Certain persons and entities are excluded from the Settlement Class
by definition, as set forth in the full Notice of Pendency and
Proposed Settlement of Stockholder Class and Derivative Action,
Settlement Hearing, and Right to Appear (the "Notice"), available
at www.R1StockholdersLitigation.com. Any capitalized terms used in
this Summary Notice that are not otherwise defined in this Summary
Notice shall have the meanings given to them in the Notice or in
the Stipulation and Agreement of Settlement, Compromise, and
Release dated September 27, 2023 (the "Stipulation"), which is also
available at www.R1StockholdersLitigation.com.
Please read this SUMMARY notice carefully. your rights will be
affected by a class and derivative action lawsuit pending in this
court.
YOU ARE HEREBY NOTIFIED, the above-captioned consolidated
stockholder class and derivative action (the "Action") is pending
in the Court of Chancery of the State of Delaware (the "Court").
YOU ARE ALSO NOTIFIED that (i) Lead Plaintiff Pembroke Pines
Firefighters & Police Officers Pension Fund ("Plaintiff"), on
behalf of itself and the other members of the Settlement Class, and
derivatively as a stockholder of R1; (ii) defendant and nominal
defendant R1; (iii) defendants David Dill, Michael Feiner, Joseph
Flanagan, John B. Henneman, Alex Mandl (deceased) through his
personal representative, Susan A. Mandl, Neal Moszkowski, Ian
Sacks, Agnes Bundy Scanlan, Jill Smith, Anthony Speranzo, Anthony
R. Tersigni, and Albert Zimmerli (the "Director Defendants"); (iv)
defendants Ascension Health Alliance ("Ascension"), TowerBrook
Capital Partners L.P. ("TowerBrook"), and TCP-ASC ACHI Series LLLP
("TCP-ASC"; together with Ascension and TowerBrook, the "TCP-ASC
Defendants"); and (v) defendants CoyCo 1, L.P. and CoyCo 2, L.P.
(the "Cloudmed Stockholder Defendants"; and together with R1, the
Director Defendants, and the TCP-ASC Defendants, "Defendants")
(Plaintiff and Defendants, together, the "Parties") have reached a
proposed settlement of the Action for $45,400,000 (United States
Dollars) in cash and certain amendments to (1) the Amended and
Restated Investor Rights Agreement entered into by R1, TCP-ASC,
Ascension, and certain TowerBrook affiliates and (2) the Investor
Rights Agreement entered into by R1, the Cloudmed Stockholder
Defendants, and New Mountain Partners V (AIV-D) (the "Settlement").
The terms of the Settlement are stated in the Stipulation. If
approved by the Court, the Settlement will resolve all claims in
the Action.
A hearing (the "Settlement Hearing") will be held on December 14,
2023, at 3:15 p.m. (or at such other time as may be directed by the
Court) before The Honorable Paul A. Fioravanti, Jr., Vice
Chancellor, either in person at the Court of Chancery of the State
of Delaware, New Castle County, Leonard L. Williams Justice Center,
500 North King Street, Wilmington, DE 19801, or remotely by
telephone or videoconference (in the discretion of the Court), to,
among other things: (i) determine whether to finally certify the
Settlement Class for settlement purposes only, pursuant to Court of
Chancery Rules 23(a), 23(b)(1), and 23(b)(2); (ii) determine
whether Plaintiff and Plaintiff's Co-Lead Counsel have adequately
represented the Settlement Class and the Company, and whether
Plaintiff should be finally appointed as Class Representative for
the Settlement Class and Plaintiff's Co-Lead Counsel should be
finally appointed as Class Counsel for the Settlement Class; (iii)
determine whether the proposed Settlement should be approved as
fair, reasonable, and adequate to Plaintiff, the other members of
the Settlement Class, and the Company, and is in each of their best
interests; (iv) determine whether the proposed Order and Final
Judgment approving the Settlement, dismissing the Action with
prejudice, and granting the Releases provided under the Stipulation
should be entered; (v) determine whether the proposed Plan of
Allocation of the Net Class Settlement Fund is fair and reasonable,
and should therefore be approved; (vi) determine whether and in
what amount any Fee and Expense Award to Plaintiff's Counsel should
be paid out of the Total Settlement Fund; (vii) hear and rule on
any objections to the Settlement, the proposed Plan of Allocation,
and/or Plaintiff's Counsel's Fee and Expense Application; and
(viii) consider any other matters that may properly be brought
before the Court in connection with the Settlement.
Any updates regarding the Settlement Hearing, including any changes
to the date, time, or format of the hearing or updates regarding
remote or in-person appearances at the hearing, will be posted to
the Settlement website, www.R1StockholdersLitigation.com.
If you are a member of the Settlement Class or a current holder of
R1 common stock, your rights will be affected by the pending Action
and the Settlement, and members of the Settlement Class may be
entitled to share in the Net Class Settlement Fund. If you have not
yet received the Notice, you may obtain a copy of the Notice by
contacting the Settlement Administrator by mail at R1 Stockholders
Litigation, c/o JND Legal Administration, PO Box 91470, Seattle, WA
98111; by telephone at 888-256-6156; or by email at
info@R1StockholdersLitigation.com. A copy of the Notice can also be
downloaded from the Settlement website,
www.R1StockholdersLitigation.com.
If the Settlement is approved by the Court and the Effective Date
occurs, the Net Class Settlement Fund will be distributed on a pro
rata basis to Eligible Class Members in accordance with the
proposed Plan of Allocation stated in the Notice or such other plan
of allocation as is approved by the Court. Pursuant to the proposed
Plan of Allocation, each Eligible Class Member will be eligible to
receive a pro rata payment from the Net Class Settlement Fund equal
to the product of (i) the number of shares of R1 common stock held
by the Class Member at the close of trading on September 27, 2023
(i.e., the date of execution of the Stipulation) ("Eligible
Shares") and (ii) the "Per-Share Recovery" for the Settlement,
which will be determined by dividing the total amount of the Net
Class Settlement Fund by the total number of Eligible Shares held
by all Eligible Class Members. As explained in further detail in
the Notice, Eligible Class Members do not have to submit a claim
form to receive a payment from the Net Class Settlement Fund.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Plaintiff's Counsel's Fee and Expense Application
must be filed with the Register in Chancery in the Court of
Chancery of the State of Delaware and delivered to Plaintiff's
Co-Lead Counsel and Defendants' Counsel such that they are received
no later than November 29, 2023, in accordance with the
instructions set forth in the Notice.
Please do not contact the Court or the Office of the Register in
Chancery regarding this Summary Notice. All questions about this
Summary Notice, the proposed Settlement, or your eligibility to
participate in the Settlement should be directed to the Settlement
Administrator or Lead Counsel.
Requests for the Notice should be made to the Settlement
Administrator:
R1 Stockholders Litigation
c/o JND Legal Administration
PO Box 91470
Seattle, WA 98111
888-256-6156
info@R1StockholdersLitigation.com
www.R1StockholdersLitigation.com
Inquiries, other than requests for the Notice, should be made to
Plaintiff's Co-Lead Counsel:
Jeroen van Kwawegen
Bernstein Litowitz Berger & Grossmann LLP
1251 Avenue of the Americas
44th Floor
New York, NY 10020
800‑380‑8496
settlements@blbglaw.com
Jeremy Friedman
Friedman Oster & Tejtel PLLC
493 Bedford Center Road
Suite 2D
Bedford Hills, NY 10507
888-529-1108
jfriedman@fotpllc.com
BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE
REAL KETONES: Faye Sues Over Mislabeled Ketone Products
-------------------------------------------------------
BRANDON FAYE; and DEANA LOZANO, individually and on behalf of all
others similarly situated, Plaintiffs v. REAL KETONES, LLC,
Defendant, Case No. 2:23-cv-08695 (C.D. Cal., Oct. 16, 2023)
alleges that the SHIFT dietary supplements, watermelon, black
cherry, and raspberry lemonade flavors, which are manufactured,
packaged, labeled, advertised, distributed, and sold by Defendant,
are misbranded and falsely advertised.
According to the complaint, the front label (or "principal display
panel") of the products, their back label, and the front of the
individual units within the larger package all prominently state
they are "Naturally Flavored". These natural flavoring claims are
false. The products are flavored using an artificial flavoring, DL
malic acid, that is derived from petrochemicals.
DL malic acid is manufactured in petrochemical plants from benzene
or butane -- components of gasoline and lighter fluid, respectively
-- through a series of chemical reactions, some of which involve
highly toxic chemical precursors and byproducts.
The Plaintiffs and the Class reasonably relied on the Defendant's
statements such that they would not have purchased the product from
the Defendant if the truth about the product was known, or would
have only been willing to pay a substantially reduced price had
they known that Defendant's representations were false and
misleading.
REAL KETONES, LLC markets and sells ketone supplement products.
[BN]
The Plaintiff is represented by:
Charles C. Weller, Esq.
CHARLES C. WELLER, APC
11412 Corley Court
San Diego, CA 92126
Tel: (858) 414-7465
Fax: (858) 300-5137
Email: legal@cweller.com
REGENTS OF UC: Billman Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against The Regents of The
University of California (UC). The case is styled as Alison
Billman, individually and on behalf of all others similarly
situated v. The Regents of The University of California, Case No.
23CV040634 (Cal. Super. Ct., Alameda Cty., Oct. 17, 2023).
The nature of suit is as Other Non-Personal Injury/Property Damage
Tort.
The Regents of the University of California --
https://regents.universityofcalifornia.edu/ -- is the governing
board of the University of California, a state university system in
the U.S. state of California.[BN]
The Plaintiff is represented by:
Steven Sklaver, Esq.
SUSMAN GODFREY LLP
1900 Avenue of The Stars, Ste. 1400
Los Angeles, CA 90067-4405
Phone: 310-789-3100
Fax: 310-789-3150
REGIONAL ACCEPTANCE: Portis Files TCPA Suit in N.D. Alabama
-----------------------------------------------------------
A class action lawsuit has been filed against Regional Acceptance
Corporation. The case is styled as D'Angelo Portis, on behalf of
himself and others similarly situated v. Regional Acceptance
Corporation, Case No. 5:23-cv-01413-HNJ (N.D. Ala., Oct. 19,
2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Regional Acceptance -- https://www.regionalacceptance.com/ -- is a
national auto finance company with over 40 years of lending
experience and a reputation for unparalleled customer service.[BN]
The Plaintiff is represented by:
Gina DeRosier Greenwald, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Ste 500
Boca Raton, FL 33431
Phone: (561) 400-1159
Email: ggreenwald@gdrlawfirm.com
ROBLOX CORPORATION: Murphy Suit Removed to S.D. California
----------------------------------------------------------
The case captioned as Katherine Murphy, Monique Payan, Damien Uhl,
and those similarly situated v. ROBLOX CORPORATION, a Delaware
Corporation, Case No. 37-2023-00033649-CU-BT-CTL was removed from
the Superior Court of California for the County of San Diego, to
the United States District Court for the Southern District of
California on Oct. 20, 2023, and assigned Case No.
3:23-cv-01940-TWR-BLM.
In the Complaint, Plaintiffs allege that Roblox engaged in
"deceptive advertising, unlawful and unfair business practices, and
numerous misrepresentations, thereby inducing Plaintiffs to spend
money and thereby suffer loss of property on the Roblox platform."
The Plaintiffs allege intentional misrepresentation; negligent
misrepresentation; violations of California's Unfair Competition
Law, False Advertising Law, and Consumer Legal Remedies Acts; and
violations of State Consumer Protection Acts.[BN]
The Defendants are represented by:
Tiana Demas, Esq.
Laura Elliott, Esq.
COOLEY LLP
110 N. Wacker Drive, Suite 4200
Chicago, IL 60606-1511
Phone: +1 312 881 6500
Facsimile: +1 312 881 6598
Email: tdemas@cooley.com
lelliott@cooley.com
- and -
Kyle C Wong, Esq.
Ariana E Bustos, Esq.
COOLEY LLP
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111-4004
Phone: +1 415 693 2000
Facsimile: +1 415 693 2222
Email: kwong@cooley.com
abustos@cooley.com
RUSSELL INVESTMENTS: Wanek Savings Plan Suit Seeks Class Status
---------------------------------------------------------------
In the class action lawsuit captioned as Danny Wanek and Juan
Duarte, as representatives of a class of similarly situated
persons, and on behalf of the Caesars Entertainment Corporation
Savings & Retirement Plan, v. Russell Investments Trust Company,
Caesars Holdings Inc., the Plan Investment Committee, and the
401(k) Plan Committee, Case No. 2:21-cv-00961-CDS-BNW (D. Nev.),
the Plaintiffs ask the Court to enter an order certifying the
following proposed class in this action (or in the alternative,
such other class(es) as the Court may determine to be
appropriate):
"All participants and beneficiaries of the Plan at any time from
August 1, 2017, through December 17, 2021, excluding any
employees
of Caesars with responsibility for the Plan's investment or
administrative functions."
In addition, the Plaintiffs also move the Court to appoint
Plaintiffs as the class representatives for the class and
Plaintiffs’ counsel as class counsel.
The Plaintiffs bring this motion for class certification to provide
participants in the Caesars Entertainment Corporation Savings &
Retirement Plan the same opportunity for class-wide relief that is
repeatedly granted to plan participants in other cases involving
similar ERISA claims.
The Plaintiffs bring this action on behalf of the Plan pursuant to
29 U.S.C. section 1132(a), to recover losses to the Plan under 29
U.S.C. section 1109(a). The Plaintiffs seek to represent the
following class:
"All participants and beneficiaries of the Plan at any time from
August 1, 2017, through December 17, 2021, excluding any
employees
of Caesars with responsibility for the Plan's investment or
administrative functions.
The Court should reach the same result here. "If the violations
alleged by Plaintiffs are proved, they affect every Plan
participant, and Defendants would be required to take remedial
actions for all participants and their beneficiaries" that could
prevent participants from asserting their rights under ERISA.
The Plaintiff Duarte has been a participant in the Plan since
around 1994.
Russell operates as an investment advisor.
A copy of the Plaintiffs' motion dated Oct. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/3Q5gRAD at no extra
charge.[CC]
The Plaintiffs are represented by:
Paul J. Lukas, Esq.
Brock J. Specht, Esq.
Ben Bauer, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center, 80 S 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: lukas@nka.com
bspecht@nka.com
bbauer@nka.com
- and -
Paul S. Padda, Esq.
PAUL PADDA LAW, PLLC
4560 South Decatur Blvd., Suite 300
Las Vegas, NV 89103
Telephone: (702) 366- 1888
E-mail: psp@paulpaddalaw.com
RUSSELL INVESTMENTS: Wanek Seeks to File Exhibits Under Seal
------------------------------------------------------------
In the class action lawsuit captioned as Danny Wanek and Juan
Duarte, as representatives of a class of similarly situated
persons, and on behalf of the Caesars Entertainment Corporation
Savings & Retirement Plan, v. Russell Investments Trust Company,
Caesars Holdings Inc., the Plan Investment Committee, and the
401(k) Plan Committee, Case No. 2:21-cv-00961-CDS-BNW (D. Nev.),
the Plaintiffs ask the Court to enter an order allowing them to
file the following exhibits under seal in connection with their
Motion for Class Certification and their Motion for Leave to File
the Fourth Amended Complaint:
1. An unredacted Memorandum of Points and Authorities in support
of
Plaintiffs' Motion for Class Certification (which references
material designated as "Confidential" by Defendants);
2. An unredacted Memorandum of Points and Authorities in Support
of
Plaintiffs' Motion for Leave to File the Fourth Amended
Complaint (which references material designated as
"Confidential" by Defendants);
3. The exhibits to the Declaration of Brock J. Specht that
contain
material, or mentions to material, designated as Confidential
by
Defendants pursuant to the Stipulated Protective Order in
this;
and
4. The exhibits to the Declaration of Benjamin J. Bauer that
contain material, or mentions to material, designated as
Confidential by Defendants pursuant to the Stipulated
Protective
Order in this action.
Russell operates as an investment advisor.
A copy of the Plaintiffs' motion dated Oct. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/3Qnvkco at no extra
charge.[CC]
The Plaintiffs are represented by:
Paul J. Lukas, Esq.
Brock J. Specht, Esq.
Ben Bauer, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center, 80 S 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: lukas@nka.com
bspecht@nka.com
bbauer@nka.com
- and -
Paul S. Padda, Esq.
PAUL PADDA LAW, PLLC
4560 South Decatur Blvd., Suite 300
Las Vegas, NV 89103
Telephone: (702) 366- 1888
E-mail: psp@paulpaddalaw.com
RYDER SYSTEM: Bid for Initial OK of Settlement Awaits Court Nod
---------------------------------------------------------------
Ryder System Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
securities class suit renewed settlement preliminary approval
motion is pending for court approval.
On May 20, 2020, a putative class action on behalf of purchasers of
our securities who purchased or otherwise acquired their securities
between July 23, 2015 and February 13, 2020, inclusive (Class
Period), was commenced against Ryder and certain of its current and
former officers in the U.S. District Court for the Southern
District of Florida (the "Securities Class Action").
The complaint alleges, among other things, that the defendants
misrepresented Ryder's depreciation policy and residual value
estimates for its vehicles during the Class Period in violation of
Section 10(b) and 20(a) of the Securities Exchange Act of 1934 and
Rule 10b-5 promulgated thereunder, and seeks to recover, among
other things, unspecified compensatory damages and attorneys' fees
and costs.
On August 3, 2020, the State of Alaska, Alaska Permanent Fund, the
City of Fort Lauderdale General Employees' Retirement System, and
the City of Plantation Police Officers Pension Fund were appointed
lead plaintiffs.
On October 5, 2020, the lead plaintiffs filed an amended complaint.
On December 4, 2020, Ryder and the other named defendants in the
case filed a Motion to Dismiss the amended complaint.
On May 12, 2022, the court denied the defendants' motion to
dismiss.
The court entered a case management schedule on June 27, 2022,
which, among other things, provides that discovery shall be
completed by October 2023 and trial shall commence in June 2024.
On April 18, 2023, the parties reached an agreement in principle to
resolve the Securities Class Action.
On May 19, 2023, plaintiffs filed an unopposed Motion for
Preliminary Approval of the settlement, with corresponding
settlement documentation.
On August 11, 2023, the court entered an order directing the
plaintiffs to file a renewed Motion for Preliminary Approval of the
settlement with specified changes to the settlement documentation,
which was filed on August 17, 2023.
The renewed Motion for Preliminary Approval of the settlement
remains pending court approval.
Ryder System, Inc. provides auto rental & leasing services based
in
Florida.
SAP SE: Soni Files Suit in Del. Chancery Ct.
--------------------------------------------
A class action lawsuit has been filed against SAP SE, et al. The
case is styled as Sunil Soni, Alina Montano, and others similarly
situated v. SAP SE, Christian Klein, Luka Mucic, Omar Johnson, Ritu
Bhargava, Robin Manherz, SAP America, Inc., Scott Russell, Sindhu
Gangadharan, Case No. 2023-1050-JTL (Del. Chancery Ct., Oct. 18,
2023).
The case type is stated as "Breach of Fiduciary Duties."
SAP SE -- https://www.sap.com/sea/index.html -- is a German
multinational software company based in Walldorf,
Baden-Württemberg.[BN]
The Plaintiffs are represented by:
C. Barr Flinn, Esq.
M. Paige Valeski, Esq.
Phone: (302) 571-6680
Fax: (302) 571-3341
The Interested Parties are represented by:
Ned Weinberger, Esq.
Phone: (302) 573-2540
Fax: (302) 573-2529
SCOTT NAPIERATA: Fails to Pay Overtime Wages, Addington Alleges
---------------------------------------------------------------
ELI ADDINGTON, individually and on behalf of all others similarly
situated, Plaintiff v. SCOTT NAPIERATA, INC. d/b/a SNI CONTRACTING,
Defendant, Case No. 6:23-cv-01996 (M.D. Fla., Oct. 17, 2023) is an
action against the Defendant's failure to pay the Plaintiff and the
class overtime compensation for hours worked in excess of 40 hours
per week.
Plaintiff Addington was employed by the Defendant as a foreman.
SCOTT NAPIERATA, INC. d/b/a SNI CONTRACTING provides construction,
tenant improvement, and renovation services to its customers. [BN]
The Plaintiff is represented by:
C. Ryan Morgan, Esq.
20 N. Orange Ave., 15th Floor
MORGAN & MORGAN, PA
P.O. Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420-1414
Facsimile: (407) 245-3401
Email: rmorgan@forthepeople.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
Email: rburch@brucknerburch.com
SCULPTOR CAPITAL: Faces Och Suit Over Drop in Share Price
---------------------------------------------------------
DANIEL S. OCH; HAROLD A. KELLY, JR.; RICHARD LYON; JAMES O'CONNOR;
and ZOLTAN VARGA, individually and on behalf of all other similarly
situated stockholders of Sculptor Capital Management Inc.,
Plaintiffs v. MARCY ENGEL; BHARATH SRIKRISHNAN; CHARMEL MAYNARD;
DAVID BONANNO; JAMES LEVIN; WAYNE COHEN; SCULPTOR CAPITAL
MANAGEMENT, INC.; SCULPTOR CAPITAL LP; SCULPTOR CAPITAL ADVISORS
LP; SCULPTOR CAPITAL ADVISORS II LP; CALDER SUB, INC.; CALDER SUB
I, LP; CALDER SUB II, LP; CALDER SUB III, LP; and RITHM CAPITAL
CORP., Defendants, Case No. 2023-1043 (Del. Ch., Oct. 17, 2023)
alleges that the Defendants breached their fiduciary duties in
connection with Rithm merger.
According to the complaint, on July 24, 2023, the Board announced
that it had agreed to sell Sculptor to Rithm for $11.15 per Class A
share. At the time, the preliminary proxy disclosed that Rithm's
offer was far from the highest offer received by the Company.
Thereafter, following over two months of repeatedly rebuffing the
Consortium's escalating bids, on October 12, 2023, the Board
announced that Rithm had agreed to raise its offer and to acquire
Sculptor for $12 per Class A share (the "Merger").
In accepting the $12 bid over the potential $13.00 bid, the Board
not only took a lower price, but also agreed to a series of
measures to tilt the playing field in Rithm's favor and directly
harm the interests of the stockholders.
On December 17, 2021, the Board awarded Mr. Levin a compensation
package worth $145.8 million (the "Compensation Package"), making
him the 14th highest paid public-company CEO in the United States
that year. As Bloomberg recognized, the Compensation Package
reflected "a staggering amount at a firm with a market value then
around $1 billion." Institutional Shareholder Services ("ISS")
excoriated the Compensation Package for its "extraordinary
magnitude" and "excessively dilutive" features. Predictably, that
indefensible award decimated the Company's equity value—causing
the share price to drop from $20.02 on the date of the award to
$9.42 as of July 21, 2023, the last trading day before the
announcement of the initial deal with Rithm, says the suit.
SCULPTOR CAPITAL MANAGEMENT, INC. operates as a global alternative
asset management firm. [BN]
The Plaintiffs are represented by:
A. Thompson Bayliss, Esq.
Matthew L. Miller, Esq.
Christopher Fitzpatrick Cannataro, Esq.
Florentina D. Field, Esq.
ABRAMS & BAYLISS LLP
20 Montchanin Road, Suite 200
Wilmington, DE 19807
Telephone: (302) 778-1000
SELLARS ABSORBENT: Boerschinger Sues Over Labor Law Violations
--------------------------------------------------------------
GEORGE BOERSCHINGER, on behalf of himself and all others similarly
situated, Plaintiff v. SELLARS ABSORBENT MATERIALS, INC,
Defendant, Case No. 23-cv-1365 (E.D. Wis., Oct. 13, 2023) seeks
relief under the Fair Labor Standards Act of 1938 and the
Wisconsin's Wage Payment and Collection Laws for unpaid overtime
compensation, unpaid straight time (regular) and/or agreed upon
wages, liquidated damages, costs, attorneys' fees, declaratory
and/or injunctive relief, and/or any such other relief the court
may deem appropriate.
In approximately April 2021, the Defendant hired Plaintiff as an
hourly-paid, non-exempt employee in the position of Maintenance
Technician working at Defendant's Milwaukee, Wisconsin location.
The Plaintiff and all other hourly-paid, non-exempt employees
regularly worked in excess of 40 hours per workweek. However,
during Plaintiff's employment with Defendant and when Defendant
directed Plaintiff to be "on call" as a requirement of his
Maintenance Technician position, Defendant did not properly and
lawfully compensate Plaintiff for the "on call" time at his regular
hourly rate of pay and/or at an overtime rate of pay for hours
worked in excess of 40 in a workweek, in violation of the FLSA and
WWPCL, says the suit.
Headquartered in Milwaukee,WI, Sellars Absorbent Materials, Inc.
manufactures absorbent materials. [BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
SIDWELL AIR: Filing for Class Cert Bid Due April 12, 2024
---------------------------------------------------------
In the class action lawsuit captioned as DAKOTA ROBERTS and DAWN
MARIE HACKER, individually and on behalf of all persons similarly
situated, v. SIDWELL AIR FREIGHT, INC, and DHL EXPRESS (USA) INC.,
d/b/a DHL EXPRESS, Case No. 3:21-cv-05912-TMC (W.D. Wash.), the
Plaintiffs ask the Court to enter an order setting class
certification briefing schedule:
-- Plaintiffs file their motion for April 12, 2024
class certification:
-- Defendants file their class May 10, 2024
certification response:
-- Plaintiffs file their class May 24, 2024
certification reply:
-- Defendants file their motion Aug. 30, 2024
to decertify:
-- Plaintiffs file their decertification Sept. 20, 2024
response:
-- Defendants' file their Sept. 27, 2024
decertification reply:
-- Dispositive Motion Deadline: Nov. 1, 2024
The case is a collective and proposed action wage and hour lawsuit
filed by Plaintiffs against the Defendants alleging that Defendants
failed to pay current and former delivery drivers operating
vehicles weighing less than 10,001 pounds all overtime compensation
owed, in violation of the Fair Labor Standards Act (FLSA), and
Washington state law.
The Court granted Plaintiffs' motion for conditional certification
of a collective action under the FLSA, notice was sent to the
collective, and 47 individuals opted in.
The case also involves state‐law claims brought under
Washington’s state wage and hour laws and Federal Rule of Civil
Procedure 23.
A copy of the Plaintiffs' motion dated Oct. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/3Fsfabi at no extra
charge.[CC]
The Plaintiffs are represented by:
Toby J. Marshall, Esq.
Jennifer Rust Murray, Esq.
Ryan Tack‐Hooper, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816‐6603
E-mail: tmarshall@terrellmarshall.com
jmurray@terrellmarshall.com
ryan@terrellmarshall.com
- and -
Camille Fundora Rodriguez, Esq.
Alexandra K. Piazza, Esq.
Mariyam Hussain, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875‐3000
E-mail: crodriguez@bm.net
apiazza@bm.net
mhussain@bm.net
The Defendants are represented by:
Randall K. Edwards, Esq.
RANDALL K. EDWARDS, PLLC
Bountiful, UT 84011
Telephone: (801) 328‐0300
E-mail: randall@randallkedwards.com
- and -
Maggie Diefenbach, Esq.
GORDON THOMAS HONEYWELL LLP
1201 Pacific Avenue, Suite 2100
Tacoma, WA 98401
Telephone: (253) 620‐6500
- and -
Linda C. Schoonmaker, Esq.
Andrew R. Escobar, Esq.
SEYFARTH SHAW LLP
700 Milam, Suite 1400
Houston, TX 77002
Telephone: (713) 225‐2300
E-mail: lschoonmaker@seyfarth.com
aescobar@seyfarth.com
SNAP INC: Continues to Defend Securities Class Suit
----------------------------------------------------
Snap Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2023 filed with the Securities and
Exchange Commission on October 24, 2023, that the Company continues
to defend itself from a securities class suit over misleading
statements.
In November 2021, the Company and certain of its officers and
directors, were named as defendants in a securities class action
lawsuit purportedly brought on behalf of purchasers of its Class A
common stock, alleging that the Company and certain of its officers
made false or misleading statements and omissions concerning the
impact that Apple's App Tracking Transparency framework would have
on its business.
The Company believes it has meritorious defenses to this lawsuit
and continue to defend the lawsuit vigorously.
Snap Inc. is an American camera and social media company
headquartered in Santa Monica, California. The company developed
and maintains technological products and services, namely
Snapchat,
Spectacles, and Bitmoji.
SONOS INC: Faces Fowler Suit Over Defective Arc Soundbars
---------------------------------------------------------
SCOTT FOWLER, SCOTT SOMERS, JAMES CONNOLLY, and JOE WEBB,
individually and on behalf of all others similarly situated,
Plaintiffs v. SONOS, INC., Defendant, Case No.
2:23-cv-08387-TJH-JPR (C.D. Cal., Oct. 5, 2023) seeks damages and
equitable relief, individually and on behalf of all other Class
members, for Defendant's sale of the Arc, a soundbar that is
subject to a defect, in violation of the Magnuson-Moss Warranty
Act, the Florida Deceptive Practices and Unfair Trade Practices
Act, the Illinois Consumer Fraud and Deceptive Business Practices
Act, and the Tex. Bus. & Com. Code.
Sonos, Inc. is a publicly-traded consumer electronics corporation
headquartered in Santa Barbara, California.
According to the complaint, the defect that has colloquially become
known as the "Pop of Death" can cause the Arc to unexpectedly make
a loud "bang" sound when used with Dolby Atmos, an advanced
surround-sound technology. Sonos aggressively markets the Arc's
compatibility with the Dolby Atmos sound system in its online
store. What Sonos has failed to disclose, however, is that Arc
users, including Plaintiffs and the other Class members, frequently
experience a phenomenon whereby the Arc will emit an extremely
loud, startling, and explosive bang resembling a gunshot, which is
then sometimes followed by a series of smaller pops, says the
suit.
Had Plaintiffs and the other Class members known about the Pop of
Death, they would not have purchased the Arc, or they would have
paid substantially less for it, the suit asserts.[BN]
The Plaintiffs are represented by:
Steven M. Jodlowski, Esq.
DICELLO LEVITT LLP
4747 Executive Drive, Suite 240
San Diego, CA 92121
Telephone: (619) 923-3939
E-mail: stevej@dicellolevitt.com
- and -
Adam J. Levitt, Esq.
John E. Tangren, Esq.
Jeremy Levine-Drizin, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
jtangren@dicellolevitt.com
jlevinedrizin@dicellolevitt.com
SOUTHWEST GAS: Court Tosses Miami Beach Pension Fund Suit
---------------------------------------------------------
Southwest Gas 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 August 2, 2023, the
Delaware Court of Chancery dismissed case captioned "City Pension
Fund for Firefighters and Police Officers in the City of Miami
Beach v. Robert L. Boughner, et al.," C.A. No. 2021-0990-KSJM (Del.
Ch.) without prejudice, based on a stipulation among the parties.
Robert L. Boughner is a member of Southwest's board of directors.
In November 2021, the City Pension Fund commenced said putative
class action lawsuit in the Court of Chancery for the State of
Delaware on behalf of a putative class of persons who purchased the
company's stock and named the company and the individual members of
the board as defendants. The complaint asserted breach of fiduciary
duty claims, alleging that the board's recommendation that
stockholders reject the offer of Mr. Carl C. Icahn, a significant
stockholder beneficially owning more that 10% of the outstanding
stock of the company, to purchase shares of the company's common
stock omitted material information about the company's financial
analysis and sought to have the board approve Icahn's slate of
nominees as "continuing directors" under certain of the company's
debt instruments.
The City Pension Fund filed a notice of withdrawal of its motion
for summary judgment in April 2022.
Southwest Gas Holdings, Inc. (together with its subsidiaries, the
is a holding company, owning all of the shares of common stock of
Southwest Gas Corporation, all of the shares of common stock of
Centuri Group, Inc.
SPORTS RESEARCH: Lozano Sues Over Mislabeled Keto Products
----------------------------------------------------------
DEANA LOZANO, individually and on behalf of all others similarly
situated, Plaintiff v. SPORTS RESEARCH CORPORATION, Defendant, Case
No. 2:23-cv-08696 (C.D. Cal., Oct. 16, 2023) alleging that the
Keto+ dietary supplement, raspberry lemonade flavor, which are
manufactured, packaged, labeled, advertised, distributed, and sold
by Defendant, are misbranded and falsely advertised.
According to the complaint, the front label (or "principal display
panel") of the products prominently state they are "Naturally
Flavored". These natural flavoring claims are false. The products
are flavored using an artificial flavoring, DL malic acid, that is
derived from petrochemicals. The products also state, on the back
label, that they contain "malic acid." This type of malic acid is
manufactured in petrochemical plants from benzene or butane --
components of gasoline and lighter fluid, respectively -- through a
series of chemical reactions, some of which involve highly toxic
chemical precursors and byproducts, says the suit.
The Plaintiff reasonably relied on the Defendant's statements such
that they would not have purchased the products from Defendant if
the truth about the products was known, or would have only been
willing to pay a substantially reduced price for the products had
they known that Defendant's representations were false and
misleading, the suit asserts.
SPORTS RESEARCH CORPORATION is a family-owned company dedicated to
providing the highest quality lifestyle products including Collagen
Peptides and MCT Oil. [BN]
The Plaintiff is represented by:
Charles C. Weller, Esq.
CHARLES C. WELLER, APC
11412 Corley Court
San Diego, CA 92126
Tel: (858) 414-7465
Fax: (858) 300-5137
Email: legal@cweller.com
STAR NURSING: Taylor Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Star Nursing, Inc.,
et al. The case is styled as Cassandra Taylor, Leilah Johnson, on
behalf of themselves and other similarly situated v. Star Nursing,
Inc., et al., Case No. 23CV010076 (Cal. Super. Ct., Sacramento
Cty., Oct. 18, 2023).
Star Nursing -- https://starnursing.com/ -- offers healthcare
staffing services.[BN]
STARBUCKS CORP: Fails to Pay Proper Wages, Campuzano Suit Says
--------------------------------------------------------------
ARIANA BELTRAN-CAMPUZANO; and ZOE LIMA, individually and on behalf
of all others similarly situated, Plaintiff v. STARBUCKS
CORPORATION; and DOES 1 through 50 inclusive, Defendants, Case No.
37-2023-00045351-CU-OE-CTL (Cal. Super., San Diego Cty., Oct. 17,
2023) is an action against the Defendants for failure to pay
minimum wages, overtime compensation, authorize and permit meal and
rest periods, provide accurate wage statements, and reimburse
necessary business expenses.
The Plaintiffs were employed by the Defendant as staff.
STARBUCKS CORPORATION is the premier roaster, marketer, and
retailer of specialty coffee. The Company offers packaged and
single-serve coffees and teas, beverage-related ingredients, and
ready-to-drink beverages, as well as produces and sells bottled
coffee drinks and a line of ice creams.
The Plaintiffs are represented by:
Thomas D. Rutledge, Esq.
16956 Via de Santa Fe, Suite 1847
Rancho Santa Fe, CA 92091-4606
Telephone: (619) 886-7224
Email: thomasrutledgelaw@gmail.com
STATE FARM MUTUAL: Scott Suit Removed to C.D. Illinois
------------------------------------------------------
The case styled as Malcolm Scott, Helen Probst Scott, individually
and on behalf of all others similarly situated v. State Farm Mutual
Automobile Insurance Company, Case No. 2023 LA 114 was removed from
the McLean County, to the U.S. District Court for the Central
District of Illinois on Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-01392-JBM-JEH to
the proceeding.
The nature of suit is stated as Other Personal Property.
State Farm Insurance -- https://www.statefarm.com/ -- is a group of
mutual insurance companies throughout the United States with
corporate headquarters in Bloomington, Illinois.[BN]
The Plaintiff is represented by:
John G Albanese, Esq.
Eleanor Michelle Drake, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Phone: (612) 594-5997
Fax: (612) 584-4470
Email: jalbanese@bm.net
emdrake@bm.net
- and -
Mark B. DeSanto, Esq.
BERGER MONTAGUE PC
1818 Market St., Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3046
Email: mdesanto@bm.net
The Defendant is represented by:
Jessica A. Pullen, Esq.
John P Heil, Jr., Esq.
HEYL ROYSTER VOELKER & ALLEN
300 Hamilton Boulevard
PO Box 6199
Peoria, IL 61601-6199
Phone: (309) 676-0400
Fax: (309) 420-0402
Email: jpullen@heylroyster.com
jheil@heylroyster.com
SUEZ WATER: Class Cert. Bid Filing in Nicholls Extended to Dec. 15
------------------------------------------------------------------
In the class action lawsuit captioned as NICHOLLS et al v. Suez
Water Environmental Services, Inc., Case No. 3:22-cv-30034 (D.
Mass., Filed March 25, 2022), the Hon. Judge Mark G. Mastroianni
entered an order granting motion for extension of time.
-- Dispositive motions, if any, shall Dec. 15, 2023
be filed by:
-- Oppositions shall be filed by: Jan. 15, 2024
-- Replies, if any, shall be filed by: Jan. 29, 2024
-- The Plaintiffs shall file any Dec. 15, 2023
motion for class certification by:
-- The Defendants' opposition shall be Jan. 15, 2024
filed by:
-- The Plaintiffs' reply brief, if Jan. 29, 2024
any, shall be filed by:
-- A hearing on any filed dispositive Feb. 21, 2024
motions and/or motion for class
certification will be held on:
The nature of suit states Civil Rights – Employment.
Suez is a provider of water treatment and waste management
services.[CC]
T-MOBILE US: Continues to Defend Dale Antitrust Class Suit
----------------------------------------------------------
T-Mobile US Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
Company continues to defend itself from the Dale putative antitrust
class suit in the Northern District of Illinois.
On June 17, 2022, plaintiffs filed a putative antitrust class
action complaint in the Northern District of Illinois, Dale et al.
v. Deutsche Telekom AG, et al., Case No. 1:22-cv-03189, against DT,
T-Mobile, and SoftBank, alleging that the Merger violated the
antitrust laws and harmed competition in the U.S. retail cell
service market.
Plaintiffs seek injunctive relief and trebled monetary damages on
behalf of a purported class of AT&T and Verizon customers who
plaintiffs allege paid artificially inflated prices due to the
Merger.
The Company intends to vigorously defend this lawsuit, but it is
unable to predict the potential outcome.
T-Mobile US Inc. is a telecommunications company based in
Washington. Deutsche Telekom AG, which as of April 2023, holds a
53.3% majority stake in the company.
T-MOBILE US: Continues to Defend Dinkevich Shareholder Class Suit
-----------------------------------------------------------------
T-Mobile US Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
Company continues to defend itself from the Dinkevich shareholder
class suit in the Delaware Court of Chancery.
On June 1, 2021, a putative shareholder class action and derivative
lawsuit was filed in the Delaware Court of Chancery, Dinkevich v.
Deutsche Telekom AG, et al., Case No. C.A. No. 2021-0479, against
DT, SoftBank and certain of our current and former officers and
directors, asserting breach of fiduciary duty claims relating to
the repricing amendment to the Business Combination Agreement, and
to SoftBank's monetization of its T-Mobile shares.
The Company is also named as a nominal defendant in the case.
It is unable to predict the potential outcome of these claims.
T-Mobile US, Inc. is a telecommunications company based in
Washington. Deutsche Telekom AG, which as of April 2023, holds a
53.3% majority stake in the company.
TASKUS INC: Court Dismisses MCS Suit
------------------------------------
TaskUs, 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 a purported class action lawsuit
captioned "My Choice Software, LLC vs. Shopify, Inc. Shopify (USA)
Inc., TaskUs, Inc., Does 1-100," Case No. CGC-22-601842, filed in
the Superior Court of the State of California, County of San
Francisco on September 16, 2022 was dismissed in July 2023
following a joint stipulation of dismissal filed by the parties.
Complaint alleged the named defendants secretly installed tracking
cookies on consumers' devices to track individual consumer activity
and gather private information and that the defendant Shopify
allowed two of its support staff to steal customer data from more
than 100 merchants. The complaint sought unspecified damages and an
award of costs and expenses, including reasonable attorneys' fees,
as well as equitable relief.
TaskUs, Inc. is a provider of outsourced digital services using an
omni-channel delivery model is focused on providing three key
services: Digital Customer Experience, Trust and Safety and
Artificial Intelligence Services.
TEK ASSURE: Fails to Pay Proper Wages, Del Cid Alleges
------------------------------------------------------
MARIA DEL CID, individually and on behalf of all others similarly
situated, Plaintiff v. TEK ASSURE, INC.; LUDAVINA VILLALUZ
MAPPALAD; DALE FUNKHOUSER; and DOES 1-10 inclusive, Defendants,
Case No. 23NVVCV03345 (Cal. Super., Los Angeles Cty., Oct. 18,
2023) is an action against the Defendant for failure to pay minimum
wages, overtime compensation, provide meals and rest periods, and
provide accurate wage statements.
Plaintiff Del Cid was employed by the Defendants as a staff.
TEK ASSURE, INC. offers contactless payment services with office in
Los Angeles, California. [BN]
The Plaintiff is represented by:
Erik K. Yaeckel, Esq.
Ryan T. Kuhn, Esq.
Karoline D. Kitlowski, Esq.
SULLIVAN & YAECKEL LAW GROUP, APC
2330 Third Avenue
San Diego, CA 92101
Tel: (619) 702-6760
Fax: (619) 702-6761
Email: yaeckel@sullivanlawgroupapc.com
ryan@sullivanlawgroupapc.com
karoline@sullivanlawgroupapc.com
THREE LOWER COUNTIES: Suit Removed to W.D. Wisconsin
----------------------------------------------------
The case captioned as John Doe, Individually, and on behalf of all
others similarly situated v. THREE LOWER COUNTIES COMMUNITY
SERVICES, INC. d/b/a, CHESAPEAKE HEALTH CARE, Case No. CIV SB
2305700 was removed from the Superior Court of the State of
California, County of San Bernardino, to the United States District
Court for the Western District of Wisconsin on Oct. 18, 2023, and
assigned Case No. 1:23-cv-02811-RDB.
The Plaintiff alleges that by using the "Meta Pixel," a type of
online tracking technology, Chesapeake "effectively planted a bug
on Plaintiff's and Class Member's web browsers and compelled them
to disclose Personally Identifying Information and/or Protected
Health Information and confidential communications to Facebook
without their knowledge or consent."[BN]
The Defendants are represented by:
Thomas H. Strong (Bar No. 23716)
Jacob J. Polce (Bar No. 27794)
VENABLE LLP
750 E. Pratt St., Suite 900
Baltimore MD, 21202
Phone: (410) 244-7400
Fax: (410) 244-7742
Email: THStrong@Venable.com
JJPolce@Venable.com
TOCCI GROUP: Fails to Pay Proper Wages, Borja Alleges
-----------------------------------------------------
EDITH BORJA, individually and on behalf of all others similarly
situated, Plaintiff v. TOCCI GROUP, LLC d/b/a LA GRIGLIA SEAFOOD
GRILL & WINE BAR; CHRISTOPHER TOCCI; JOHN TOCCI; and MARTINA TOCCI,
Defendants, Case No. 2:23-cv-21197 (D.N.J., Oct. 16, 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 Borja was employed by the Defendants as a restaurant
helper.
TOCCI GROUP, LLC d/b/a LA GRIGLIA SEAFOOD GRILL & WINE BAR operates
as white-tablecloth Italian restaurant with seafood-centric fare,
including raw bar options. [BN]
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
Jodi J. Jaffe, Esq.
JAFFE GLENN LAW GROUP, P.A.
300 Carnegie Center, Suite 150
Princeton, NJ 08540
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
Email: aglenn@jaffeglenn.com
jjaffe@jaffeglenn.com
TRIBAL LLC: Troche ADA Suit Seeks Class Certification
-----------------------------------------------------
In the class action lawsuit captioned as VERONICA TROCHE, on behalf
of herself and all others similarly situated, v. TRIBAL LLC, d/b/a
AKAMAIBASICS, Case No. 1:23-cv-09156 (S.D.N.Y.), the Plaintiff asks
the Court to enter an order granting the following relief:
a. A preliminary and permanent injunction to prohibit Defendant
from
violating the Americans with Disabilities Act (ADA);
b. A preliminary and permanent injunction requiring Defendant to
take all the steps necessary to make the Website fully
compliant
with the requirements set forth in the ADA, and the
implementing
regulations, so that the Website is readily accessible to and
usable by blind individuals;
c. A declaration that Defendant owns, maintains and/or operates
the
Website in a manner that discriminates against the blind and
which fails to provide access for persons with disabilities as
required by Americans with Disabilities Act, 42 U.S.C.
sections
12182, et seq., N.Y.C. Administrative Code § 8-107, et seq.,
and
the laws of New York;
d. An order certifying the Class and Sub-Classes under Fed. R.
Civ.
P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class
Representative, and Plaintiff's attorneys as Class Counsel;
e. Compensatory damages in an amount to be determined by proof,
including all applicable statutory and punitive damages and
fines, to Plaintiff and the proposed class and subclasses for
violations of civil rights under New York City Human Rights
Law
and City Law;
f. Pre-judgment and post-judgment interest;
g. An award of costs and expenses of this action together with
reasonable attorneys’ and expert fees; and
h. Such other and further relief as this Court deems just and
proper.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer. The Plaintiff uses the terms "blind" or
"visually-impaired," as Plaintiff’s central visual acuity with
correction is less than or equal to 20/200.
Tribal LLC provides to the public, a website which provides
consumers with access to an array of various "Pure, Powerful, and
Natural Personal Body and Oral Care Products" at
https://www.akamaibasics.com. (last accessed October 14, 2023).
The Plaintiff brings this civil rights action against Defendant for
the failure to design, construct, maintain, and operate
Defendant’s website, http://www.akamaibasics.com,to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people.
The Defendant's denial of full and equal access to the website, and
therefore denial of the goods and services offered thereby, is a
violation of Plaintiff's rights under ADA.
The Plaintiff, on behalf of herself and all others similarly
situated, seeks to certify a nationwide class under Fed. R. Civ. P.
23(a) and 23(b)(2):
"All legally blind individuals in the United States who have
attempted to access Defendant’s Website and as a result have
been
denied access to the equal enjoyment of goods and services,
during
the relevant statutory period."
The Plaintiff, on behalf of herself and all others similarly
situated, seeks to certify a New York City subclass under Fed. R.
Civ. P. 23(a) and 23(b)(2):
"all legally blind individuals in the City of New York who have
attempted to access Defendant’s website and as a result have
been
denied access to the equal enjoyment of goods and services
offered,
during the relevant statutory period."
Tribal provides a Website which provides consumers with access to
an array of various "Pure, Powerful, and Natural Personal Body and
Oral Care Products" at https://www.akamaibasics.com.
A copy of the Plaintiff's motion dated Oct. 18, 2023 is available
from PacerMonitor.com at https://bit.ly/3Q2rDrh at no extra
charge.[CC]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 3200
New York, NY York 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
TRIBAL LLC: Troche Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Tribal, LLC. The case
is styled as Veronica Troche, on behalf of herself and all others
similarly situated v. Tribal, LLC doing business as: AkamaiBasics,
Case No. 1:23-cv-09156-ALC (S.D.N.Y., Oct. 18, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tribal LLC -- https://www.triballlc.com/ -- is a limited liability
company or corporation that is issued to an individual by a Native
American Indian tribe, rather than by the state.[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
TRISTRUX LLC: Faces Cruz Suit Over Unlawful Labor Practices
-----------------------------------------------------------
WALTER CRUZ, an individual, on behalf of himself, and on behalf of
all persons similarly situated, Plaintiff v. TRISTRUX LLC, a
Delaware limited liability company; and DOES 1-50, Inclusive,
Defendants, Case No. 23CV047527 (Cal. Super., Alameda Cty., Oct.
13, 2023) alleges that the Defendants have violated the California
Business and Professions Code, the California Labor Code, and the
applicable Industrial Welfare Commission's wage order.
The Plaintiff brings this class action on behalf of himself, and a
California class defined as all persons who are previously were
employed by Defendant Tristrux and/or Defendant Leone in California
and classified as non-exempt employees. The Plaintiff and the other
California class members have uniformly been deprived of wages and
penalties from unpaid wages earned and due, including but not
limited to unpaid minimum wages, unpaid overtime compensation,
unpaid meal and rest period premiums, illegal meal and rest period
policies, failed to reimburse for business expenses, failed
compensate for the off-the-clock work, failed to provide accurate
itemized wage statements, failed to maintain required records, and
interest, statutory and civil penalties, attorney's fees, costs,
and expenses.
Tristrux LLC provides telecommunications services in the
continental U.S. [BN]
The Plaintiff is represented by:
Nicole Barvie, Esq.
BARVIE LAW, APC
550 West B Street, 4th Floor
San Diego, CA 92101-3598
Telephone: (858) 255-0928
Facsimile: (858) 357-8592
E-mail: nicole@barvielaw.com
TRIUMPH ENERGY: Class Action Settlement in Cowan Gets Initial Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as Craig Cowan, on behalf of
himself and all others similarly situated, v. Triumph Energy
Partners, LLC, Case No. 6:23-cv-00300-JAR (E.D. Okla.), the Hon.
Judge Jason A. Robertson entered an order:
-- granting preliminary approval of class action Settlement,
-- certifying the classes for settlement purposes,
-- Approving form and manner of notice, and setting date for
Final fairness hearing.
The case is a class action lawsuit brought by Plaintiff Craig
Cowan, on behalf of himself and as a representative of a class of
owners, against Triumph Energy, for the alleged underpayment of
royalty on gas and constituents and for failure to pay statutory
interest on
payments made outside the time periods set forth in the Production
Revenue Standards Act, 52 Okla. St. section 570.1 et seq. (the
"PRSA") for oil and gas production proceeds from oil and gas wells
in Oklahoma.
The certified Settlement Classes are defined as follows:
Class I
"All non-excluded persons or entities who are or were royalty
owners in Oklahoma wells, where Triumph Energy Partners, LLC was
the operator (or a working interest owner) who marketed its
share
of gas production and royalties on such marketed gas was paid to
such royalty owners."
Class II
"All non-excluded persons or entities who received late payments
under the Production Revenue Standards Act from Triumph Energy
Partners, LLC (or its designee) for oil-and-gas proceeds from
Oklahoma wells and whose payments did not include the statutory
interest required by the Production Revenue Standards Act.
Excluded from Class I and II are: (1) Triumph Energy Partners,
LLC
and the Released Parties and their respective affiliates,
predecessors, and employees, officers, and directors; (2)
agencies,
departments, or instrumentalities of the United States of
America
or the State of Oklahoma; (3) any publicly traded company or its
affiliated entity that produces, gathers, processes, or markets
gas; and (4) any Indian tribe as defined at 30 U.S.C. section
1702(4) or Indian allottee as defined at 30 U.S.C. § 1702(2).
Triumph Energy provides oil and gas exploration and production
services.
A copy of the Court's order dated Oct. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/46ylo5r at no extra charge.[CC]
The Plaintiff is represented by:
Reagan E. Bradford, Esq.
Ryan K. Wilson, Esq.
BRADFORD & WILSON PLLC
431 W. Main Street, Suite D
Oklahoma City, OK 73102
Telephone: (405) 698-2770
E-mail: reagan@bradwil.com
ryan@bradwil.com
The Defendant is represented by:
Travis P. Brown, Esq.
MAHAFFEY & GORE, P.C.
300 N.E. 1st Street
Oklahoma City, OK 73104
Telephone: (405) 236-0478
E-mail: trbrown@mahaffeygore.com
TRUMP CORPORATION: Court Junks McKoy Bid to Certify Class
---------------------------------------------------------
In the class action lawsuit captioned as CATHERINE MCKOY, et al.,
v. THE TRUMP CORPORATION, et al., Case No. 1:18-cv-09936-LGS-SLC
(S.D.N.Y.), the Hon. Judge Lorna G. Schofield entered an order
denying the Plaintiffs' motion to certify a class.
The Plaintiffs' motion to bar the testimony of Dr. Peterson and Dr.
Hair is denied as moot because their testimony was unnecessary to
adjudicate Plaintiffs' motion.
By October 24, 2023, the parties shall submit respective letter
briefs not to exceed five pages stating why each Plaintiff’s
respective claims should or should not be severed from those of the
other Plaintiffs under Rule 21, and then transferred to the
appropriate District Courts in California, Maryland and
Pennsylvania pursuant to 28 U.S.C. section 1404(a).
The Plaintiffs move to certify three state-wide classes and one
nationwide class under Rule 23(b). The Plaintiffs' proposed classes
consist of:
"all persons who made payments to ACN to participate in the IBO
Opportunity but did not recoup from ACN an amount equal to or
more
than those payments" in California, Maryland and Pennsylvania
respectively for three of the putative classes (for purposes of
their statutory claims) and nationwide for the fourth class (for
purposes of their common law claims).
Alternatively, the Plaintiffs move to certify an issue class under
Rule 23(c)(4) to resolve the issues of the falsity and materiality
of Trump's allegedly false statements.
The case concerns ACN, a non-party multi-level marketing company.
Plaintiffs are three individuals who participated in ACN as
Independent Business Owners (IBOs): Catherine McKoy, a resident of
California at the time she enrolled; Markus Frazier, a resident of
Maryland at the time he enrolled; and Lynn Chadwick, a resident of
Pennsylvania at the time she enrolled.
Trump Corporation operates as a real estate development company.
The company owns and operates buildings, hotels, golf clubs,
universities, restaurants, and casino resorts.
A copy of the Court's order dated Oct. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/3QiRxbz at no extra charge.[CC]
UKG INC: Plaintiffs Seek Approval of Class Action Settlement Deal
-----------------------------------------------------------------
In the class action lawsuit re UKG Inc. Cybersecurity Breach
Litigation, Case No. 3:22-cv-00346-SI (N.D. Cal.), the Plaintiffs
ask the Court to enter an order approving the class-action
Settlement Agreement and Release.
The Plaintiffs are William Muller, Antonio Knezevich, Adam Bente
and Cindy J. Villanueva.
Pursuant to Local Rule 7-4(a)(3) of the Civil Local Rules,
Plaintiffs set forth the following Statement of Issues to be
Decided:
1. Whether the Court should certify, pursuant to Federal Rules
of
Civil Procedure 23(a) and 23(b)(3), the Nationwide Class
consisting of
"all natural U.S. persons who are current or former employees
or
contractors, including their dependents, of UKG customers,
whose
data was stored in the KPC at the time of the December 2021
KPC
Cyberattack and who were impacted by the interruption of KPC
applications resulting from the December 2021 KPC
Cyberattack;"
a California Subclass consisting of "all members of the
Nationwide Class who are also California residents at
the time of the December 2021 KPC Cyberattack;" and
an Exfiltration Subclass consisting of
"all members of the Nationwide Class who were sent notice
that
their personal data was exfiltrated during the December 2021
KPC
Cyberattack and were offered credit monitoring services for
themselves or on behalf of their dependents;" and
appoint William Muller, Antonio Knezevich, Adam Bente, and
Cindy
Villanueva as representatives for the Settlement Class and
appoint Michael S. Morrison and Erin Lim of Alexander
Morrison &
Fehr LLP; Dimitrios Korovilas and Jason Wucetich of Wucetich
Korovilas LLP; Ronald A. Marron, Alexis M. Wood, and Kas L.
Gallucci of Law Offices of Ronald A. Marron; and Jonathan M.
Lebe and Zachary T. Gershman of Lebe Law, APLC as Class
Counsel
for the purpose of the Settlement; and
UKG is a leading provider of human resources, payroll, and
workforce management solutions to companies around the globe.
A copy of the Plaintiffs' motion dated Oct. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/3S5k6KN at no extra
charge.[CC]
The Plaintiffs are represented by:
Jonathan M. Lebe, Esq.
Zachary Gershman, Esq.
LEBE LAW, APLC
777 S. Alameda Street, Second Floor
Los Angeles, CA 90021
Telephone: (213) 444-1973
E-mail: Jon@lebelaw.com
Zachary@lebelaw.com
The Defendant is represented by:
Ronald A. Marron, Esq.
Alexis M. Wood, Esq.
Kas L. Gallucci, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
alexis@consumersadvocates.com
kas@consumersadvocates.com
- and -
Michael S. Morrison, Esq.
Erin Lim, Esq.
ALEXANDER MORRISON & FEHR LLP
1900 Avenue of the Stars, Suite 900
Los Angeles, CA 90067
Telephone: (310-394-0888
Facsimile: (310) 394-0811
E-mail: mmorrison@amfllp.om
elim@amfllp.com
- and -
Jason M. Wucetich, Esq.
Dimitrios V. Korovilas, Esq.
WUCETICH KOROVILAS LLP
222 N. Pacific Coast Highway Suite 2000
El Segundo, CA 90245
Telephone: (310) 335-2001
Facsimile: (310) 364-5201
E-mail: jason@wukolaw.com
dimitri@wukolaw.com
UNITED STATES: Parties Seek Initial Approval of Proposed Settlement
-------------------------------------------------------------------
In the class action lawsuit captioned as YOLANY PADILLA, et al., v.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Case No.
2:18-cv-00928-MJP (W.D. Wash.), the parties ask the Court to enter
an order granting preliminarily approval of the proposed
settlement.
The parties jointly request that the Court preliminarily approve
the Settlement Agreement and proposed Class Notice and set a
fairness hearing on the Settlement Agreement.
Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure,
notice to the class must be given before this Court can determine
if the settlement is fair, reasonable, and adequate. Rule 23(e)
also provides that a settlement cannot be approved without a
hearing to determine if the settlement is fair, reasonable, and
adequate. Exhibit 2, enclosed hereto, is the parties’ proposed
Class Notice.
US Immigration enforces federal laws governing border control,
customs, trade, and immigration.
A copy of the Parties' dated Oct. 18, 2023 is available from
PacerMonitor.com at https://bit.ly/48UK2it at no extra charge.[CC]
The Plaintiffs are represented by:
Matt Adams, Esq.
Aaron Korthuis, Esq.
Glenda M. Aldana Madrid, Esq.
NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Avenue, Suite 400
Seattle, WA 98104
Telephone: (206) 957-8611
E-mail: matt@nwirp.org
aaron@nwirp.org
glenda@nwirp.org
- and -
Trina Realmuto, Esq.
Kristin Macleod-Ball, Esq.
NATIONAL IMMIGRATION LITIGATION ALLIANCE
10 Griggs Terrace
Brookline, MA 02446
Telephone: (617) 819-4447
E-mail: trina@immigrationlitigation.org
kristin@immigrationlitigation.org
- and -
Emma Winger, Esq.
AMERICAN IMMIGRATION COUNCIL
American Immigration Council
1331 G Street NW, Suite 200
Washington, DC 20005
Telephone: (202) 507-7512
E-mail: ewinger@immcouncil.org
The Defendants are represented by:
Lauren C. Bingham, Esq.
OFFICE OF IMMIGRATION LITIGATION
CIVIL DIVISION
Washington, DC 20044
Facsimile: (202) 305-7000
E-mail: lauren.c.bingham@usdoj.gov
UNIVERSITY OF CENTRAL: Filing for Class Cert Bid Due Feb. 7, 2024
-----------------------------------------------------------------
In the class action lawsuit captioned as TATUM ROBERTSON and EVE
BRENNAN, individually and on behalf of all those similarly
situated, v. UNIVERSITY OF CENTRAL OKLAHOMA and BOARD OF REGENTS
FOR THE REGIONAL UNIVERSITY OF OKLAHOMA, Case No. 5:22-cv-00836-HE
(W.D. Okla.), the Hon. Judge Joe Heaton entered an order granting
the parties' joint motion for extension of deadlines as follows:
Deadline Due Date
Discovery as to class certification and Jan. 29, 2024
the merits shall be completed by:
Plaintiffs' motion for class certification Feb. 7, 2024
shall be filed on or before:
Defendants' response shall be filed on Feb. 28, 2024
or before:
University of Central Oklahoma is a public university in Edmond,
Oklahoma.
A copy of the Court's order dated Oct. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/3M8ATcm at no extra charge.[CC]
UNIVERSITY OF MARY: Espinal Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against University of Mary.
The case is styled as Frangie Espinal, on behalf of herself and all
other persons similarly situated v. University of Mary, Case No.
1:23-cv-09183 (S.D.N.Y., Oct. 18, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The University of Mary -- https://www.umary.edu/ -- is a private,
Benedictine university near Bismarck, North Dakota.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
UNIVERSITY OF ROCHESTER: Harling Suit Transferred to D. Mass.
-------------------------------------------------------------
The case captioned as Sabrina Harling, individually and on behalf
of all others similarly situated v. The University of Rochester,
Case No. 6:23-cv-06471 was transferred from the U.S. District Court
for the Western District of New York, to the U.S. District Court
for the District of Massachusetts on Oct. 18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12423-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Contract Dispute.
The University of Rochester -- https://www.rochester.edu/ -- is a
private research university in Rochester, New York.[BN]
The Plaintiff is represented by:
Randi A. Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 741-5600
Fax: (516) 741-0128
Email: rkassan@milberg.com
UNUM GROUP: McPherson Suit Transferred to D. Massachusetts
----------------------------------------------------------
The case captioned as Francis W. McPherson, individually and on
behalf of all similarly situated persons v. UNUM GROUP, PROGRESS
SOFTWARE CORPORATION, Case No. 1:23-cv-01005 was transferred from
the U.S. District Court for the Western District of Michigan, to
the U.S. District Court for the District of Massachusetts on Oct.
18, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12411 to the
proceeding.
The nature of suit is stated as Other Contract.
Unum Group -- http://www.unum.com/-- is an American insurance
company headquartered in Chattanooga, Tennessee.[BN]
The Plaintiff is represented by:
Alyson Oliver
OLIVER LAW GROUP PC
50 W. Big Beaver Road Ste 200
Troy, MI 48084
Phone: (248) 327-6556
Email: notifications@oliverlawgroup.com
VERTEX ENERGY: Faces Securities Suit Over SEC Filing
----------------------------------------------------
Vertex Energy, 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 13, 2023, William C.
Passmore filed a putative class action lawsuit against the company,
Benjamin P. Cowart (its Chief Executive Officer and Chairman) and
Chris Carlson (Chief Financial Officer), in the United States
District Court for the Southern District of Alabama (Southern
Division).
In May 2023 and June 2023, additional plaintiffs filed virtually
identical putative class action lawsuits against the same three
defendants, the first of which was filed in the same courthouse and
the second of which was filed in the United States District Court
for the Southern District of Texas (Houston Division). These three
putative class action lawsuits allege that the defendants issued
materially false and misleading statements, or omitted material
information, regarding the projected future financial performance
of its Mobile Refinery in 2022. The plaintiffs have asserted claims
for violations of Section 10(b) of the Exchange Act, and Rule 10b-5
promulgated thereunder, and Section 20(a) of the Exchange Act,
against all defendants.
Vertex Energy, Inc. is an energy transition company focused on the
production and distribution of conventional and alternative fuels.
It operate used motor oil processing plants in Houston, Texas, Port
Arthur, Texas, Marrero, Louisiana, and Columbus, Ohio.
WESTERN UNION: Continues to Defend Consumidores Class Suit
----------------------------------------------------------
The Western Union Co. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
Company continues to defend itself from the Consumidores
Financieros class suit in Argentina's National Commercial Court No.
19.
In October 2015, Consumidores Financieros Asociación Civil para su
Defensa, an Argentinian consumer association, filed a purported
class action lawsuit in Argentina's National Commercial Court No.
19 against the Company's subsidiary Western Union Financial
Services Argentina S.R.L. ("WUFSA").
The lawsuit alleges, among other things, that WUFSA's fees for
money transfers sent from Argentina are excessive and that WUFSA
does not provide consumers with adequate information about foreign
exchange rates.
The plaintiff is seeking, among other things, an order requiring
WUFSA to reimburse consumers for the fees they paid and the foreign
exchange revenue associated with money transfers sent from
Argentina, plus punitive damages.
The complaint does not specify a monetary value of the claim or a
time period.
In November 2015, the Court declared the complaint formally
admissible as a class action.
The notice of claim was served on WUFSA in May 2016, and in June
2016 WUFSA filed a response to the claim and moved to dismiss it on
statute of limitations and standing grounds.
In April 2017, the Court deferred ruling on the motion until later
in the proceedings.
The process for notifying potential class members has been
completed, and the case is in the evidentiary stage.
Due to the stage of this matter, the Company is unable to predict
the outcome or the possible loss or range of loss, if any,
associated with this matter.
WUFSA intends to defend itself vigorously.
The Western Union Company provides money movement and payment
services worldwide. The company operates in two segments,
Consumer-to-Consumer and Business Solutions. It serves primarily
through a network of agents. The Western Union Company was
incorporated in 2006 and is headquartered in Denver, Colorado.
WESTERN UNION: Continues to Defend FIPA-Related Class Suit
----------------------------------------------------------
The Western Union Co. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2023 filed with the
Securities and Exchange Commission on October 25, 2023, that the
Company continues to defend itself from the Financial Privacy
Act-related class suit in the United States District Court for the
Northern District of California.
In December 2022, a purported class action complaint was filed
against several money transfer business defendants, including the
Company, in the United States District Court for the Northern
District of California, alleging that these defendants violated the
federal Right to Financial Privacy Act and California's Financial
Information Privacy Act (FIPA).
The United States Department of Homeland Security and Immigration
and Customs Enforcement are also named as defendants.
The operative complaint alleges that the defendants violated
plaintiffs' financial privacy rights by sharing private financial
information with law enforcement agencies through a program
coordinated by the Transaction Record Analysis Center.
On January 24, 2023, an amended complaint was filed naming the
Company's subsidiary Western Union Financial Services, Inc.
("WUFSI") as a defendant in place of The Western Union Company.
Due to the preliminary stage of this matter, the ultimate outcome
and any potential financial impact to the Company cannot be
reasonably determined at this time.
WUFSI intends to defend itself vigorously in this matter.
The Western Union Company provides money movement and payment
services worldwide. The company operates in two segments,
Consumer-to-Consumer and Business Solutions. It serves primarily
through a network of agents. The Western Union Company was
incorporated in 2006 and is headquartered in Denver, Colorado.
WILLIS TOWERS: Pitts Suit Transferred to D. Utah
------------------------------------------------
The case captioned as Stephanie Pitts, individually, and on behalf
of others similarly situated v. WILLIS TOWERS WATSON US LLC, a
limited liability company, and EXTEND HEALTH, LLC, a limited
liability company, Case No. 2:23-cv-02951 was transferred from the
U.S. District Court for the Western District of Michigan, to the
U.S. District Court for the District of Utah on Oct. 18, 2023.
The District Court Clerk assigned Case No. 2:23-cv-00742 to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Willis Towers Watson US LLC -- https://www.wtwco.com/en-us --
provide data-driven, insight-led solutions in the areas of people,
risk and capital.[BN]
The Plaintiff is represented by:
Alyson Oliver
OLIVER LAW GROUP PC
50 W. Big Beaver Road Ste 200
Troy, MI 48084
Phone: (248) 327-6556
Email: notifications@oliverlawgroup.com
YOUNG ADULT INSTITUTE: Turner Suit Transferred to N.D. California
-----------------------------------------------------------------
The case captioned as Belinda Turner, on behalf of herself and the
Class Members v. YOUNG ADULT INSTITUTE, INC.; and DOES 1 through
10, inclusive, Case No. 2:23-cv-01528 was transferred from the U.S.
District Court for the Eastern District of California, to the U.S.
District Court for the Northern District of California on Oct. 17,
2023.
The District Court Clerk assigned Case No. 4:23-cv-05290-HSG to the
proceeding.
The nature of suit is stated as Other Labor.
YAI, previously known as the Young Adult Institute --
https://www.yai.org/node/1 -- is an organization serving people
with Intellectual and developmental disabilities in the United
States.[BN]
The Plaintiff is represented by:
Anthony J Orshansky, Esq.
Justin Kachadoorian, Esq.
COUNSELONE, PC
9301 Wilshire Boulevard, Suite 650
Beverly Hills, CA 90210
Phone: (310) 277-9945
Fax: (424) 277-3727
Email: anthony@counselonegroup.com
justin@counselonegroup.com
The Defendant is represented by:
Margaret Jean Grover, Esq.
GROVER WORKPLACE SOLUTIONS, P.C.
1300 Clay Street, Suite 600
Oakland, CA 94612
Phone: (510) 654-1678
Email: maggie.j.grover@gmail.com
ZIGNEGO CO: Cardenas Labor Suit Seeks Class Certification
---------------------------------------------------------
In the class action lawsuit captioned as Marisol Cardenas, On
behalf of Herself and all others similarly situated, v. Zignego
Co., Inc., Case No. 2:22-cv-00961-PP (E.D. Wis.), the Plaintiff
asks the Court to enter an order certifying her as the
representative, and the Previant Law Firm S.C. as class counsel,
for the following two classes:
"All hourly employees employed by Defendant Zignego who during
the
time period of August 22, 2020 to the present either (a)
received
some jobsite H & W pay; or (b) was paid at more than one rate
for
jobsite work performed during a week."
In addition, the Plaintiff also request that the Court certify a
subclass for the first proposed class, which consists of:
"All employees who during the time period of August 22, 2020 to
the
present received H & W pay on a project that was not subject to
any
federal minimum wage determination."
Zignego operates as an infrastructure construction company.
A copy of the Plaintiff's motion dated Oct. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/491Ih2Q at no extra
charge.[CC]
The Plaintiff is represented by:
Yingtao Ho, Esq.
THE PREVIANT LAW FIRM, S.C.
310 W. Wisconsin Avenue, Suite 100MW
Milwaukee, WI 53203
Telephone: (414) 271-4500
Facsimile: (414) 271-6308
E-mail: yh@previant.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. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***