/raid1/www/Hosts/bankrupt/CAR_Public/231107.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, November 7, 2023, Vol. 25, No. 223
Headlines
23ANDME HOLDING: Faces Class Suit Over Alleged Data Breach
3M COMPANY: AFFF Contains Toxic PFAS, Campbell Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Giddens Class Suit Alleges
3M COMPANY: Exposes Firefighters to Toxic Chemicals, Goodman Says
3M COMPANY: Exposes Firefighters to Toxic Chemicals, Piercy Claims
3M COMPANY: Hickman Sues Over Exposure to Toxic Chemicals
ACUITY BRANDS: Continues to Defend Data Security Class Suit
ADAPTHEALTH CORP: Faces Allegheny Suit Over Drop in Share Price
ADP SCREENING: Grijalva Seeks Rule 23 Class Certification
ALL HOURS: Court OK's Bid to Certify Class in Adler
AMERICAN HONDA: Faces Fajge Suit Over Illegal Wiretapping
ARCHER AVIATION: Plaintiff Voluntarily Dismisses Suit Over Air Taxi
ARKANSAS: Nov. 28 Extension to File Class Cert Bid Sought
ASPIRE HEALTH: Faces Harp Suit Over Unpaid Overtime Wages
AT&T INC: Klein Sues Over Phone, Internet Services' False Ads
AVALON HOMECARE: Fails to Pay Proper Wages, Ayodele Alleges
BENTLEY UNIVERSITY: Espinal Files ADA Suit in S.D. New York
BRIAN NIELSON: Lynch Seeks Class Certification
BROCK PIERCE: Seeks OK to File Surreply Under Restriction in Rowan
BURLINGTON COAT: Stewart's Privacy Suit Removed to D.N.H.
CABOT OIL: Appeals Class Cert Ruling in Delco Retirement Suit
CARENET MEDICAL: Fails to Prevent Data Breach, Coniglio Says
CARNIVAL AUSTRALIA: Cruise Passengers Won Suit Over Negligence
CHARLESTON AREA MEDICAL: Strickland Sues Over Unpaid Overtime
COLUMBINE LOGGING: Conditional Class Status in Sadle Sought
COX INDUSTRIES: Class Discovery in Crout Suit Due Dec. 1
DOUBLETREE EMPLOYER: Huerta Labor Suit Removed to N.D. Calif.
DUHADWAY KENDALL: Fails to Pay Proper Wages, Asbury Alleges
ENTRYONLY.COM: Filing for Class Cert Bids Due March 15, 2024
FIRST FINANCIAL: Partial Judgment on Pleadings Sought in State Farm
FORD MOTOR: Parties Seek to Continue Class Cert Deadline to Dec. 1
FORESCOUT TECHNOLOGIES: Sayce Seeks to Certify Class Action
GENERAL MOTORS: Pays $1,400 Compensation for Nerfed Batteries
GOOGLE LLC: Ambriz Sues Over Data Privacy Violations
GREAT AMERICAN: Lee Suit Seeks to Certify Class Action
IH SERVICES: Removes Franklin Suit to N.D. Illinois
INDEPENDENCE CITY, MO: Shook Seeks to Certify Firefighters Class
INTERNAL REVENUE: Hanna Files Suit in N.D. Illinois
INTERNATIONAL BUSINESS: Fails to Secure Personal Info, Wright Says
IQVIA INC: Class Cert Hearing Rescheduled for Feb. 28, 2024
JOHNSON SERVICE: Fails to Pay Proper Wages, Cranfill Alleges
KALEIDA HEALTH: Must File Class Cert Response by Jan. 12, 2024
KRAFT HEINZ: Boss Appeals Dismissal of Product Mislabeling Suit
L'OREAL USA: Court Dismisses Class Suit Over Mislabeled Mascaras
LUCKY CHICKEN: Faces Lauriano Wage-and-Hour Suit in S.D.N.Y.
LYONS MAGNUS: Class Settlement in Catalano Suit Gets Initial Nod
MARRIOTT INTERNATIONAL: Wins Kronos Class Action Suit
MASON SUPPLY: General Pretrial Management Entered in Bassaw
MCCARTHY BURGESS: Zahriyeh Sues Over Illegal Debt Collection
MDL 3032: Class Action Settlement Brown Suit Gets Initial Nod
MDL 3032: Class Action Settlement in Mull Suit Gets Initial Nod
MDL 3032: Class Action Settlement in Robertson Gets Initial Nod
MDL 3032: Class Action Settlement in Smith Suit Gets Initial Nod
MDL 3032: Class Settlement in Whitney Suit Gets Initial Nod
MDL 3032: Settlement in Pest Infestation Suit Gets Initial Nod
MEL BERNIE AND COMPANY: Gonzalez Files ADA Suit in S.D. New York
META PLATFORMS: Appellate Court Revives Shareholders Class Suit
META PLATFORMS: Continues to Defend Securities Class Suit in Calif.
META PLATFORMS: South Dakota Joins Suit Over Social Media Impact
MOBILEHELP LLC: Has Made Unsolicited Calls, Chapman Claims
MSG ENTERTAINMENT: Robinson Sues Over Employment Discrimination
MUBI INC: Collects Data Without Consent, Suit Alleges
NAPA LW HOSPITALITY: Hartman Suit Removed to N.D. California
NATASHA DURHAM DESIGN: Tarr Files ADA Suit in S.D. New York
NEXA MORTGAGE: Maison Files TCPA Suit in D. Arizona
NORDSTROM INC: Lopez Suit Removed to C.D. California
NUANCE COMMUNICATIONS: Fails to Prevent Data Breach, Suit Says
OKTA INC: Class Cert Hearing Set for March 29, 2024
OMRON HEALTHCARE: Estrella Sues Over Blood Pressure Monitor Fraud
ONEPLUS USA: Settles Wade Class Action Suit for $1.1M
ORTHOALASKA LLC: Grenn Files Suit in D. Alaska
PENSION BENEFIT: Cheng Suit Transferred to D. Massachusetts
PENSION BENEFIT: Hurtado Suit Transferred to D. Massachusetts
PENSION BENEFIT: Suit Transferred to D. Massachusetts
PENSION BENEFIT: Taylor Suit Transferred to D. Massachusetts
PETERSEN HEALTH: Court Directs Filing of Discovery Plan in French
PHILADELPHIA FEDERAL: Faces Class Suit Over Improper Vehicle Notice
PROGRESS SOFTWARE: Landi Suit Transferred to D. Massachusetts
PROGRESS SOFTWARE: Smiley Suit Transferred to D. Massachusetts
PROGRESSIVE DIRECT: Parties Seek to Maintain Class Cert Under Seal
PROGRESSIVE SELECT: Sibert "Insurance" Suit Seeks Class Status
QUAILS NEST: Fails to Pay Overtime Work, Alvarez Alleges
RECKITT BENCKISER: Sygal Sues Over Nasal Decongestants' False Ads
RED RESTAURANT: Henfield Sues Over Bussers, Runners' Unpaid Wages
RENNON CONSTRUCTION: Faces Guallpa Suit Over Unpaid Wages
REPUBLIC SERVICES: Pietoso Seeks to File 3rd Amended Complaint
ROBERT MILLER: Faces Class Suit Over Sexual Exploitation
RUFNEX OILFIELD: Fails to Pay Proper Overtime, Scuccimarri Says
S-FER INTERNATIONAL: Fails to Pay Timely Wages, Walker Alleges
SAP SE: Avallone Files Suit in Del. Chancery Ct.
SMARTER LOGISTICS: Misclassifies Logistics Coordinators, Lee Says
SMITTY'S: Bid for Leave to File Class Cert Sur-Reply OK'd
SMITTY'S: Seeks Leave to File Sur-Reply
SOUTHWEST AIRLINES: Bevacqua Appeals Case Dismissal to 5th Cir.
SUNTRUST BANK: Settlement Class in Randle Gets Conditional Status
TESLA INC: Won Truck Driver Class Suit Over Wage Claims
TIER-ONE PROPERTY: De Martinez, et al., Must File Class Cert Bid
TRILLIUM COMMUNITY: Hopkins Suit Transferred to D. Massachusetts
UMAMIMART LLC: Jones Files ADA Suit in S.D. New York
UMPQUA BANK: Elizondo Suit Removed to W.D. Washington
UNITED STATES OF ARITZIA: Fails to Pay Proper Wages, Charles Says
USA TODAY: Seeks Stay of Stevens Conditional Certification Bid
USA WASTE: Filing for Class Certification Bid Due July 22, 2024
VMSB LLC: Faces Volpe Suit Over Restaurant Staff's Unpaid Wages
WELCH FOODS: Parties Seek to Modify Class Cert Briefing Schedules
WILMINGTON, DE: Faces Suit Over Constitutional Rights Violations
WILSON CONSTRUCTION: Wheeler Suit Seeks to Recover Unpaid Wages
YORK UNIVERSITY: Faces Suit Over Campus Anti-Semitic Incidents
*********
23ANDME HOLDING: Faces Class Suit Over Alleged Data Breach
----------------------------------------------------------
Martin MacMahon of Vancouver CityNews reports that a British
Columbia man has filed a class action lawsuit against genetic
testing service 23andMe, following a large-scale data breach
earlier this month.
The lead plaintiff agreed to speak with CityNews on condition of
anonymity, given this breach deals with highly sensitive personal
information.
"It's not a very nice feeling," the man told CityNews of learning
about the data breach. "I think it's feeling naked and exposed at a
next level that I guess this digital era is bringing us to."
Reports have indicated the apparent hacker involved acquired access
to millions of accounts and tried to sell user data on the dark
web.
Adding to the man's discomfort, he says he had purchased 23andMe
kits for family members and friends, which is part of why he's
decided to take legal action.
"The fact that I know the other people who were breached is
unnerving to me," the man said during an interview.
"They've been told and e-mailed by the company they are part of the
data breach and their stuff is comprised. My wife, her kid, aunt, a
couple of friends, cousins, it just comes back on me, because I'm
hyping it up. 'It's really cool. You get some cool health
information or some cool ancestry information.' Insight that people
generally don't have about us per se."
In filing this class action at BC Supreme Court, the plaintiff
wants to ensure other Canadians affected are compensated
financially, among other remedies.
"Genetic data is the most significant piece of information that
defines and identifies us as human beings, in the literal meaning
of the words," lawyer Sage Nematollahi with KND Complex Litigation
said in a statement to CityNews. "The data breach that appears to
have affected 23andMe's customers is an uncomfortable example of
privacy breaches that can have extremely far-reaching consequences
on citizens.
"This situation makes it even more clear than ever that
corporations who accumulate large troves of data on consumers must
exercise heightened cybersecurity awareness and data protection
practices. We believe this proposed class action will help enforce
the privacy interests and rights of Canadians, and will help
promote accountability across the Canadian consumer markets,
especially amongst technology corporations that deal with
Canadians' health information."
KND Complex Litigation and YLaw Group are the firms representing
the lead plaintiff in this class action suit, which has not been
certified.
A spokesperson for 23AndMe responded to a CityNews request by
saying the company cannot comment on ongoing litigation. [GN]
3M COMPANY: AFFF Contains Toxic PFAS, Campbell Class Suit Alleges
-----------------------------------------------------------------
WILLIAM CAMPBELL v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:23-cv-05330-RMG (D.S.C.,
Oct. 24, 2023) is a class action seeking 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).
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 or TOG which contained PFAS for
use in firefighting and with knowledge that it contained highly
toxic and bio persistent PFAS, which would expose end users of the
product to the risks associated with PFAS, the Plaintiff contends.
PFAS are highly toxic and carcinogenic chemicals. 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.
Mr. Campbell is a resident and citizen of Ada County, Idaho. He
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. He was diagnosed with
Non-Hodgkin Lymphoma as a result of exposure to the Defendants'
AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. The Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same.
The Defendants include 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.)
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy 98 A-1
Fairhope, AL 36532
Telephone: (205) 252-6127
Facsimile: (205) 449-1132
E-mail: ftk@thekuykendallgroup.com
3M COMPANY: AFFF Contains Toxic PFAS, Giddens Class Suit Alleges
----------------------------------------------------------------
CLYDE GIDDENS, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-05326-RMG (D.S.C.,
Oct. 24, 2023) is a class action seeking 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).
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 or TOG which contained PFAS for
use in firefighting and with knowledge that it contained highly
toxic and bio persistent PFAS, which would expose end users of the
product to the risks associated with PFAS, the Plaintiff contends.
PFAS are highly toxic and carcinogenic chemicals. 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.
Mr. Giddens is a resident and citizen of Ada County, Idaho. He
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. He was diagnosed with
Non-Hodgkin Lymphoma as a result of exposure to the Defendants'
AFFF products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities. The Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same.
Mr. Giddens is a resident and citizen of Caldwell County, North
Carolina. He 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. He was diagnosed with
Neuroendocrine Pancreatic Cancer with metastasis to the liver and
lung as a result of exposure to the Defendants' AFFF products.
The Defendants include 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; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy 98 A-1
Fairhope, AL 36532
Telephone: (205) 252-6127
Facsimile: (205) 449-1132
E-mail: ftk@thekuykendallgroup.com
3M COMPANY: Exposes Firefighters to Toxic Chemicals, Goodman Says
-----------------------------------------------------------------
JEFFREY GOODMAN, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-05327-RMG (D.S.C.,
Oct. 24, 2023) seeks 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).
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 or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
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 or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. 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.
Mr. Goodman is a resident and citizen of Horry County, South
Carolina. He 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. He was diagnosed with
Prostate Cancer as a result of exposure to the Defendants' AFFF
products.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities. The Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same.
The Defendants include 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; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy 98 A-1
Fairhope, AL 36532
Telephone: (205) 252-6127
Facsimile: (205) 449-1132
E-mail: ftk@thekuykendallgroup.com
3M COMPANY: Exposes Firefighters to Toxic Chemicals, Piercy Claims
------------------------------------------------------------------
SCOTT PIERCY, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-05329-RMG (D.S.C.,
Oct. 24, 2023) seeks 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).
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 or TOG which contained PFAS for
use in firefighting and with knowledge that it contained highly
toxic and bio persistent PFAS, which would expose end users of the
product to the risks associated with PFAS, the Plaintiff contends.
PFAS are highly toxic and carcinogenic chemicals. 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.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities. The Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same.
The Defendants include 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; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
Mr. Piercy is a resident and citizen of Hall County, Nebraska. He
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. He was diagnosed with Kidney
Cancer as a result of exposure to the Defendants' AFFF products.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy 98 A-1
Fairhope, AL 36532
Telephone: (205) 252-6127
Facsimile: (205) 449-1132
E-mail: ftk@thekuykendallgroup.com
3M COMPANY: Hickman Sues Over Exposure to Toxic Chemicals
---------------------------------------------------------
WILLIAM HICKMAN, v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Case No. 2:23-cv-05331-RMG (D.S.C.,
Oct. 24, 2023) seeks 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).
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 or TOG which contained PFAS for
use in firefighting and with knowledge that it contained highly
toxic and bio persistent PFAS, which would expose end users of the
product to the risks associated with PFAS, the Plaintiff contends.
PFAS are highly toxic and carcinogenic chemicals. 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.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of the
Plaintiff's training and firefighting activities. The Plaintiff
further seeks injunctive, equitable, and declaratory relief arising
from the same.
The Defendants include 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; and UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.).
Mr. Hickman is a resident and citizen of Jefferson County, Alabama.
He 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. He was diagnosed with
Prostate Cancer and Urothelial Cancer as a result of exposure to
the Defendants' AFFF products.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy 98 A-1
Fairhope, AL 36532
Telephone: (205) 252-6127
Facsimile: (205) 449-1132
E-mail: ftk@thekuykendallgroup.com
ACUITY BRANDS: Continues to Defend Data Security Class Suit
-----------------------------------------------------------
Acuity Brands Inc. disclosed in its Form 10-K Report for the fiscal
period ending August 31, 2023 filed with the Securities and
Exchange Commission on October 26, 2023, that the Company continues
to defend itself from the data security class suit in the United
States District Court for the Northern District of Georgia.
On December 14, 2022, a former associate filed a putative class
action complaint against the Company in the United States District
Court for the Northern District of Georgia on behalf of all persons
whose personal information was compromised as a result of data
security incidents we experienced in October 2020 and/or December
2021.
On January 25, 2023, a second putative class action complaint was
filed in the same venue by two other former associates.
Both complaints contain similar allegations and claim that the
Company failed to exercise reasonable caution in securing and
safeguarding associate information.
On that basis, the complaints assert claims for negligence, breach
of contract, breach of implied contract, unjust enrichment, breach
of fiduciary duty, invasion of privacy, and breach of confidence.
The plaintiffs seek class certification, monetary damages, certain
injunctive relief regarding our data-security measures, additional
credit-monitoring services, other equitable relief (including
disgorgement), attorneys' fees, costs, and pre- and post-judgment
interest.
The plaintiffs in both cases recently filed a notice of voluntary
dismissal without prejudice of the suits in the Northern District
of Georgia and refiled in state court.
The Company continues to prepare our response strategy.
Acuity Brands, Inc. is an industrial technology company based in
Georgia.
ADAPTHEALTH CORP: Faces Allegheny Suit Over Drop in Share Price
---------------------------------------------------------------
ALLEGHENY COUNTY EMPLOYEES' RETIREMENT SYSTEM, individually and on
behalf of all others similarly situated, Plaintiff v. ADAPTHEALTH
CORP.; LUKE MCGEE; JOSHUA PARNES; STEPHEN P. GRIGGS; JASON A.
CLEMENS; FRANK J. MULLEN; RICHARD BARASCH; ALAN QUASHA; TERENCE
CONNORS; DR. SUSAN WEAVER; DALE WOLF; BRADLEY COPPENS; DAVID S.
WILLIAMS III; DEUTSCHE BANK SECURITIES INC.; JEFFERIES LLC; BOFA
SECURITIES, INC.; TRUIST SECURITIES, INC.; ROBERT W. BAIRD & CO.
INCORPORATED; RBC CAPITAL MARKETS, LLC; STIFEL, NICOLAUS & COMPANY,
INCORPORATED; UBS SECURITIES LLC; CANACCORD GENUITY LLC; and
LEERINK PARTNERS LLC, Defendants, Case No. 2:23-cv-04104 (E.D. Pa.,
Oct. 24, 2023) is a securities class action on behalf of all
persons or entities who purchased or otherwise acquired: (i)
AdaptHealth common stock between August 4, 2020 and February 27,
2023, inclusive (the "Class Period"); and/or (ii) AdaptHealth
common stock pursuant and traceable to the Company's secondary
public offering (SPO) conducted on or around January 5, 2021.
The Plaintiff alleges in the complaint that AdaptHealth, and
certain of the Company's current and former senior executives,
Directors of the Company that signed the registration statement for
the SPO, and certain underwriters of the SPO committed violations
of the Securities Act of 1933, and the Securities Exchange Act of
1934.
According to the Plaintiff in the complaint, all sales in the SPO
were issued pursuant to the SPO Offering Materials. However, the
SPO Offering Materials and documents incorporated by reference
therein contained untrue statements of material fact and omitted to
state material facts that were required by applicable law and
necessary to make the statements therein not misleading. In
particular, the SPO Offering Materials stated the Company's organic
growth was driven by "maintaining and broadening" AdaptHealth's
"strong network of highly diversified referral relationships." The
SPO Offering Materials also stated that the Company's "Business
Strategy" was to "grow its revenue while expanding margins through
targeted strategies for organic growth."
The truth emerged on February 27, 2023, when AdaptHealth announced
a loss of $0.02 per share for the fourth quarter of 2022,
substantially lower than the gain of $0.27 per share that analysts
and investors were led to expect. AdaptHealth also reduced its
guidance for 2023, lowering revenue expectations the Company had
provided just seven weeks earlier by over 1.5 percent. The Company
attributed the poor financial results and lowered guidance to
"lower diabetes growth in the second half than [] anticipated."
These disclosures caused the Company's share price to decline by
$5.99 per share, or 27 percent, from $21.98 per share to $15.99 per
share.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of AdaptHealth common
stock, Plaintiff and other Class members have suffered significant
losses and damages, the suit alleges.
ADAPTHEALTH CORP. provides home medical equipment. The Company
sells and leases mobility and oxygen equipment, wheelchairs,
walkers, sleep therapy supplies, and hospital beds. AdaptHealth
serves the hospitals, sleep labs, skilled nursing facilities, and
clinics. [BN]
The Plaintiff is represented by:
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Boulevard, Suite 100
Newtown Square, PA 19073
Telephone: (484) 258-1401
Email: skaskela@kaskelalaw.com
abell@kaskelalaw.com
- and -
Hannah Ross, Esq.
Avi Josefson, Esq.
Scott R. Foglietta, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
Email: hannah@blbglaw.com
avi@blbglaw.com
scott.foglietta@blbglaw.com
ADP SCREENING: Grijalva Seeks Rule 23 Class Certification
----------------------------------------------------------
In the class action lawsuit captioned as Tracie Ann Grijalva,
individually and on behalf of person similarly situated, v. ADP
Screening and Selection Services, Inc., a Colorado corporation; and
DOES 1-10 inclusive, Case No. 4:22-cv-00206-JCH (D. Ariz.), the
Plaintiff moves the Court for class certification order pursuant to
Rule 23 of the Federal Rules of Civil Procedure.
ADP is a provider of background checks and other employment
screening.
A copy of the Plaintiff's motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/46ReUPr at no extra
charge.[CC]
ALL HOURS: Court OK's Bid to Certify Class in Adler
---------------------------------------------------
In the class action lawsuit captioned as Adler v. All Hours
Plumbing Drain Cleaning 24-7-365, Case No. 2:21-cv-00141 (D. Utah,
Filed March 8, 2021), the Hon. Judge Dustin B. Pead entered an
order granting the parties' stipulated motion to certify class.
The nature of suit states Restrictions of Use of Telephone
Equipment.
All Hours offers a wide variety of Plumbing Repair and Drain
Solution services.[CC]
AMERICAN HONDA: Faces Fajge Suit Over Illegal Wiretapping
---------------------------------------------------------
ADAM FAJGE and WENDY BABCOCK, individually and on behalf of all
others similarly situated, Plaintiffs v. AMERICAN HONDA MOTOR CO.,
INC., Defendant, Case No. 3:23-cv-05440 (N.D. Cal., Oct. 23, 2023)
alleges violation of the Pennsylvania Wiretapping and Electronic
Surveillance Control Act.
The Plaintiffs allege in the complaint that the Defendant aid,
agree with, employ, or otherwise enable the wiretapping of the
electronic communications of visitors to its website, honda.com.
The wiretaps, which are embedded in the chat function on the
Website, are used without the consent of visitors to the Website.
The Defendant contracts with a third party, Salesforce, Inc. to
provide the software that runs Defendant's chat function. The
electronic communications made in the chat function are routed
through the servers of and are used by Salesforce to, among other
things, secretly observe and record website visitors' electronic
communications in real time, says the suit.
American Honda Motor Co., Inc. develops and manufactures
automobiles. The Company offers passenger cars, trucks,
motorcycles, ATVs, generators, marine engines, lawn and garden
equipment, parts, and accessories. [BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
ARCHER AVIATION: Plaintiff Voluntarily Dismisses Suit Over Air Taxi
-------------------------------------------------------------------
Howard Hardee of Fight Global reports that a class-action lawsuit
alleging that Archer Aviation and its top executives misled
investors about progress toward certification of its air taxi has
been dismissed.
Archer said on 24 October that the plaintiff in the lawsuit had
chosen to voluntarily dismiss the case. The suit was filed by law
firm Pomerantz, which is an active litigator of class-action suits
brought against various companies.
Pomerantz did not comment.
"We are very pleased that the plaintiff has decided to dismiss the
case," says Andy Missan, the developer's chief legal officer.
"Archer continues to remain focused on delivering on its mission
and creating value for shareholders."
Filed on 21 September in a California federal court, the suit
argued that chief executive Adam Goldstein and others misled
investors by stating the company's goal of carrying passengers in
2025.
Citing a report from Grizzly Research - a short-selling firm that
benefits if a firm's stock price declines - the lawsuit alleges
that certification of Archer's Midnight aircraft remains "years
away" and that launching commercial operations within the next two
years is unrealistic.
Archer denied that allegations and maintained that it would defend
itself "vigorously". On 13 October, the San Jose-based air taxi
developer filed a motion to dismiss the case, calling the lawsuit
"frivolous" and arguing that it "does not even attempt to comply"
with US securities laws.
"Plaintiff has hastily accused Archer of fraud without any basis
whatsoever," Archer's attorneys argue in the filing. "Like many
young companies, Archer was attacked by a short-seller seeking to
drive down the price of its stock."
"The effects of these serious -- but entirely false -- allegations
can be all too real for an early-stage, cutting-edge company like
Archer," the attorneys add.
Archer is developing its four-passenger, all-electric Midnight with
the aim of launching downtown-to-airport routes in major cities as
soon as 2025. It plans to begin a certification flight-testing
programme next year. [GN]
ARKANSAS: Nov. 28 Extension to File Class Cert Bid Sought
---------------------------------------------------------
ARKANSAS: Joint Bid to Extend Date for Class Certification SoughtIn
the class action lawsuit captioned as ABIGAIL FARELLA and LOGAN W.
MURPHY, on behalf of themselves and all others similarly situated,
v. DISTRICT JUDGE A.J. ANGLIN, GREGG PARRISH, Executive Director of
Arkansas Public Defender Commission, and JAY SAXTON, Chief Benton
County Public Defender, Case No. 5:22-cv-05121-TLB (W.D. Ark.), the
Parties ask the Court to enter an order for their Joint Motion to
Extend the Deadline for Class Certification, as follows:
1. The deadline to file a motion for Oct. 31, 2023
class certification is:
2. Discovery closes on: Feb. 29, 2024
3. The Parties move to extend the Nov. 28, 2023
deadline for class certification
by four weeks until:
A copy of the Parties' motion dated Oct. 30, 2023 is available from
PacerMonitor.com at https://bit.ly/3QJjdGZ at no extra charge.[CC]
The Parties are represented by:
Marshall S. Ney, Esq.
Katherine C. Campbell, Esq.
Sarah J. Breeding, Esq.
FRIDAY, ELDREDGE & CLARK, LLP
3350 S. Pinnacle Hills Parkway, Suite 301
Rogers, AR 72758
Office: (479) 695-6049
Facsimile: (501) 244-5389
E-mail: mney@fridayfirm.com
kcampbell@fridayfirm.com
sbreeding@fridayfirm.com
- and -
Doug Norwood, Esq.
Alison Lee, Esq.
NORWOOD & NORWOOD ATTORNEYS
2001 S. Dixie Land Rd.
Rogers, AR 72758
Office: (479) 636-1262
Facsimile: (479) 636-7595
E-mail: doug@norwoodattorneys.com
alison@norwoodattorneys.com
- and -
Christine A. Cryer, Esq.
John Payne, Esq.
ARKANSAS ATTORNEY GENERAL'S OFFICE
323 Center Street, Suite 200
Little Rock, AR 72201
Telephone: (501) 682-2029
Facsimile: (501) 682-2591
E-mail: christine.cryer@arkansasag.gov
john.payne@arkansasag.gov
ASPIRE HEALTH: Faces Harp Suit Over Unpaid Overtime Wages
---------------------------------------------------------
WILLIAM HARP, on behalf of himself and others similarly situated,
Plaintiff v. ASPIRE HEALTH PARTNERS, INC., Defendant, Case No.
6:23-cv-01983 (M.D. Fla., Oct. 13, 2023) is an action by the
Plaintiff against the Defendant for unpaid overtime wages pursuant
to the Fair Labor Standards Act.
The Plaintiff worked as a behavioral health technician for the
Defendant in Florida from approximately October 2020 through August
2023. He alleges that he was not compensated at time-and-one-half
for all hours worked in excess of 40 hours in a workweek.
Aspire Health Partners, Inc. is a non-profit 501(c)3 behavioral
healthcare organization.[BN]
The Plaintiff is represented by:
Carlos V. Leach, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-6339
Facsimile: (833) 813-7513
E-mail: cleach@theleachfirm.com
twatson@theleachfirm.com
AT&T INC: Klein Sues Over Phone, Internet Services' False Ads
-------------------------------------------------------------
JEFFREY KLEIN, individually, and on behalf of all others similarly
situated, Plaintiff v. AT&T, INC.; and DOES 1-10, inclusive,
Defendant, Case No. 23STCV25089 (Cal. Super., Los Angeles Cty.,
Oct. 13, 2023) is a class action complaint against AT&T to stop its
practice of falsely advertising phone and Internet services and to
obtain redress for a class of consumers who were misled under the
California's False Advertising Law, Unfair Competition Law, and
Consumer Legal Remedies Act.
According to the complaint, the Defendant advertised to consumers
that its phone and Internet services were not only reliable but
provided exceptional coverage and speed. Such benefits are of
particular value to consumers, especially those who rely on such
services for work and contacting family. The Plaintiff and other
consumers similarly situated were exposed to these advertisements
through print and digital media.
The Defendant misrepresented and falsely advertised and represented
to Plaintiff and others similarly situated, because Defendant
failed to provide any services at all for an extended period of
time. The Defendant's misrepresentations to Plaintiff and others
similarly situated induced them to purchase the services. The
Defendant took advantage of Plaintiff and similarly situated
consumers unfairly and unlawfully, the suit asserts.
AT&T, Inc. is an American multinational telecommunications holding
company headquartered at Whitacre Tower in Downtown Dallas,
Texas.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21031 Ventura Blvd., Suite 340
Woodland Hills, CA 91367
Telephone: (323) 306-4234
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
AVALON HOMECARE: Fails to Pay Proper Wages, Ayodele Alleges
-----------------------------------------------------------
NOZIBELE PATRICIA AYODELE, individually and on behalf of all others
similarly situated, Plaintiffs v. AVALON HOMECARE LLC; LUCELLE
ISAACS; and KENYA SMITH, Defendants, Case No. 1:23-cv-09368
(S.D.N.Y., Oct. 24, 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 Ayodele was employed by the Defendants as a caregiver.
AVALON HOMECARE LLC own and operate a homecare agency providing
services in and around New York City and Connecticut. [BN]
The Plaintiff is represented by:
Innessa M. Huot, Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Tel: (212) 983-9330
Fax: (212) 983-9331
Email: ihuot@faruqilaw.com
BENTLEY UNIVERSITY: Espinal Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Bentley University.
The case is styled as Frangie Espinal, on behalf of herself and all
other persons similarly situated v. Bentley University, Case No.
1:23-cv-09343-ALC (S.D.N.Y., Oct. 23, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bentley University -- https://www.bentley.edu/ -- is a private
university in Waltham, Massachusetts.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: nyjg@aol.com
michael@gottlieb.legal
BRIAN NIELSON: Lynch Seeks Class Certification
-----------------------------------------------
In the class action lawsuit captioned as CUCF, INMATES, V. BRIAN
NIELSON, MIKE HADDON, STEVE TURLEY, TONY WASHINGTON, MATT ANDERSON,
CHRISTI JOHNSON, DR. MARCUS WISNER, JASON JACKMAN, LORY QUARNBERG,
DEANA KENYON, Case No. 4:23-cv-00099-DN (D. Utah),
Representative-Movant Sherman Lynch asks the Court to grant motion
for certification order.
Lynch is an incarcerated pro se litigant. The Supreme Court has
'unanimously held in Haines v. Kerner, 404 U.S. 519, 520 (1972), a
prose complaint, "however in artfully drafted," must be held to
"less stringent standards than formal pleadings drafted by lawyers"
and can only be dismissed for failure to state a claim if it
appears '"beyond doubt that the plaintiff can prove no set of facts
in support of his claim which would entitle him to relief."
Lynch seeks relief for certification of the CUCF Inmates'
Class-Action Petition for Redress Against Brian Nielson, et al.,
for Eighth Amendment Violations, (Petition), by the Court under
Fed. R. Civ. P. Rule 23.
On November 14, 2008, Lynch was convicted at trial of homicide for
the death of his wife, Patricia Rothermich, and obstruction of
justice in the Third District Court, State of Utah, Case No.
071907498, and subsequently sentenced to 16-years-to-life and
1-to-15 years 58 consecutively. He is now housed in the Fir
facility of the Boulder complex at CUCF.
A copy of the Plaintiff's motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3FFPTec at no extra
charge.[CC]
BROCK PIERCE: Seeks OK to File Surreply Under Restriction in Rowan
------------------------------------------------------------------
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.),
Brock Pierce requests that the Court allow the Surreply under the
"Case Participants" restriction.
Mr. Pierce intends to cite to evidence and deposition testimony
that contains confidential information that is protected under the
terms of the Stipulated Protective Order.
Because of the confidential nature of the issues discussed, Mr.
Pierce requests that he be allowed to file the Surreply under the
"Case Participants" restriction.
A copy of the Defendant's motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3tQU1Fn at no extra
charge.[CC]
The Defendant is represented by:
Ramon Dapena, Esq.
Ivan J. Llado, Esq.
MORELL CARTAGENA & DAPENA LLC
Ponce de León Ave. 273 Plaza 273, Suite 700
San Juan PR 00908
Telephone: (787) 723-1233
Facsimile: (787) 723-8763
E-mail: ramon.dapena@mbcdlaw.com
ivan.llado@mbcdlaw.com
- and -
Ashley L. Shively, Esq.
Kayla L. Pragid, Esq.
Lisa Kohring, Esq.
HOLLAND & KNIGHT LLP
50 California Street, Suite 2800
San Francisco, CA 94111
Telephone: (415) 743-6900
Facsimile: (415) 743-6910
E-mail: ashley.shively@hklaw.com
kayla.pragid@hklaw.com
lisa.kohring@hklaw.com
BURLINGTON COAT: Stewart's Privacy Suit Removed to D.N.H.
---------------------------------------------------------
The case styled KRISTIN STEWART, individually and on behalf of all
others similarly situated, Plaintiff v. BURLINGTON COAT FACTORY
WAREHOUSE CORPORATION, Defendant, Case No. 216- 2023-CV-00565, was
removed from the New Hampshire Superior Court for Hillsborough
County, Northern District, to the U.S. District Court for the
District of New Hampshire on October 11, 2023.
The Clerk of Court for the District of New Hampshire assigned Case
No. 1:23-cv-00468 to the proceeding.
The complaint seeks relief for purported violations of the New
Hampshire Driver Privacy Act. The Plaintiff specifically alleges
Burlington violated the Act when it allegedly required her to
release the personal information in her driver's license at various
points including, inter alia, when she sought to complete the
return of an item without showing receipt. The Plaintiff claims
this information was "knowingly disclosed" to an "unauthorized
person."
Burlington Coat Factory Warehouse Corporation is an American
national off-price department store retailer.[BN]
The Defendant is represented by:
Lisa Snow Wade, Esq.
ORR & RENO PA
45 S. Main St. Box 3550
Concord, NH 03302-3550
Telephone: (603) 223-9150
Facsimile: (603) 223-9050
E-mail: lwade@orr-reno.com
- and -
Ana Tagvoryan, Esq.
BLANK ROME LLP
2029 Century Park East, Sixth Floor
Los Angeles, CA 90067
Telephone: (424) 239-3465
Facsimile: (424) 239-3690
E-mail: ana.tagvoryan@blankrome.com
- and -
Jeffrey N. Rosenthal, Esq.
BLANK ROME LLP
One Logan Square
130 North 18th Street
Philadelphia, PA 19103
Telephone: (215) 569-5553
Facsimile: (215) 832-5533
E-mail: jeffrey.rosenthal@blankrome.com
- and -
Amanda M. Noonan, Esq.
BLANK ROME LLP
444 W. Lake Street, Suite 1650
Chicago, IL 60606
Telephone: (312) 776-2537
Facsimile: (312) 896-9181
E-mail: amanda.noonan@blankrome.com
CABOT OIL: Appeals Class Cert Ruling in Delco Retirement Suit
-------------------------------------------------------------
Cabot Oil & Gas Corporation, et al., filed an appeal from the
District Court's Memorandum and Opinion and Order dated September
27, 2023 entered in the lawsuit styled DELAWARE COUNTY EMPLOYEES
RETIREMENT SYSTEM, individually and on behalf of all others
similarly situated, Plaintiffs v. CABOT OIL & GAS CORPORATION, et
al., Defendant, Case No. 4:21-cv-02045, in the United States
District Court for the Southern District of Texas.
According to the complaint, the Retirement System purchased Cabot
shares at prices artificially inflated by Cabot's false or
misleading statements regarding its environmental protocols and
exposure to legal liability. It claims that, in doing so, Cabot and
its corporate officials violated Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Securities and Exchange
Commission Rule 10b-5.
The Retirement System seeks to represent putative class members who
also allegedly purchased stock at inflated prices. It is the
Retirement System's second motion for appointment of lead plaintiff
and lead counsel.
In April 2021, the complaint was amended to include Phillip L.
Stalnaker, the company's Senior Vice President of Operations, as a
defendant. The plaintiffs seek monetary damages, interest and
attorney's fees.
On February 25, 2021, the company filed a motion to transfer the
class action lawsuit from the U.S. District Court for the Middle
District of Pennsylvania to the U.S. District Court for the
Southern District of Texas, in Houston, Texas, where the company's
headquarters is located.
On June 11, 2021, the company filed a motion to dismiss the class
action lawsuit on the basis that the plaintiffs' allegations do not
meet the requirements for pleading a claim under Section 10(b) or
Section 20 of the Exchange Act.
On June 22, 2021, the company's motion to transfer the class action
lawsuit to the Southern District of Texas was granted.
On December 5, 2022, the Plaintiffs filed a motion to certify class
"consisting of all persons or entities who purchased or otherwise
acquired Cabot common stock between February 22, 2016 and June 12,
2020, inclusive, and were damaged thereby." The Plaintiffs also
move to be appointed as class representatives and to have Robbins
Geller Rudman & Dowd LLP and Kessler Topaz Meltzer & Check, LLP
appointed as class counsel.
On September 27, 2023, based on the parties' pleadings, the motions
and responses, the record, and the applicable law, the Plaintiffs'
motions were granted by the Court through a Memorandum and Opinion
signed by Judge Lee H. Rosenthal.
The appellate case is captioned as Cabot Oil & Gas Corp., et al. v.
Delaware County Employees Retirement System, et al., Case No.
23-90035, in the U.S. Court of Appeals for the Fifth Circuit, filed
on October 11, 2023.[BN]
Defendants-Petitioners Cabot Oil & Gas Corporation, et al., are
represented by:
Kelly Potter, Esq.
NORTON ROSE FULBRIGHT US, L.L.P.
1301 McKinney Street
Fulbright Tower
Houston, TX 77010-3095
Telephone: (713) 651-5678
- and -
Peter Andrew Stokes, Esq.
NORTON ROSE FULBRIGHT US, L.L.P.
98 San Jacinto Boulevard
Austin, TX 78701-4255
Telephone: (512) 536-5287
Plaintiffs-Respondents Delaware County Employees Retirement System,
Individually and on behalf of all other similarly situated, and
Iron Workers District Council (Philadelphia and Vicinity)
Retirement and Pension Plan, are represented by:
Darryl J. Alvarado, Esq.
ROBBINS GELLER RUDMAN & DOWD, L.L.P.
655 W. Broadway
San Diego, CA 92101
Telephone: (619) 231-1058
- and -
Joe Kendall, Esq.
KENDALL LAW GROUP, L.L.P.
3811 Turtle Creek
Dallas, TX 75219
Telephone: (214) 744-3000
- and -
Lawrence F. Stengel, Esq.
SAXTON & STUMP, L.L.C.
280 Granite Run Dr.
Lancaster, PA 17601
Telephone: (715) 556-1080
- and -
Alex B. Heller, Esq.
KESSLER TOPAZ MELTZER & CHECK, L.L.P.
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
CARENET MEDICAL: Fails to Prevent Data Breach, Coniglio Says
------------------------------------------------------------
JEANETTE CONIGLIO, individually and on behalf of all others
similarly situated, Plaintiff v. CARENET MEDICAL GROUP, PC,
Defendant, Case No. 1:23-cv-01301-BKS-ML (N.D.N.Y., Oct. 23, 2023)
is a class action arising from the Defendant's failure to protect
highly sensitive data of the Plaintiff and the Class.
According to the complaint, the Defendant is a medical provider of
obstetric and gynecologic services. As such, the Defendant stores a
litany of highly sensitive personal identifiable information and
protected health information about its current and former patients.
But the Defendant lost control over that data when cybercriminals
infiltrated its insufficiently protected computer systems in a data
breach, says the suit.
Cybercriminals were able to breach the Defendant's systems because
the Defendant failed to adequately train its employees on
cybersecurity and failed to maintain reasonable security safeguards
or protocols to protect the Class's PII/PHI. In short, the
Defendant's failures placed the Class's PII/PHI in a vulnerable
position -- rendering them easy targets for cybercriminals. Before
this data breach, patients' private information was exactly that --
private. Not anymore. Now, patients' private information is forever
exposed and unsecure, the suit alleges.
Carenet Medical Group Pc was founded in 1983. The company's line of
business includes the practice of general or specialized medicine
and surgery for various licensed practitioners. [BN]
The Plaintiff is represented by:
James Bilsborrow, Esq.
WEITZ & LUXENBERG, PC
700 Broadway
New York, NY 10003
Telephone: (212) 558-5500
Email: jbilsborrow@weitzlux.com
-and-
Samuel J. Strauss, Esq.
TURKE & STRAUSS LLP
Raina Borrelli, Esq.
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@turkestrauss.com
raina@turkestrauss.com
CARNIVAL AUSTRALIA: Cruise Passengers Won Suit Over Negligence
--------------------------------------------------------------
Jamie McKinnell of ABC News reports that Carnival Australia was
negligent and engaged in misleading representations over the Ruby
Princess voyage in 2020, the Federal Court has found.
Some 2,600 passengers were on board an ill-fated trip from Sydney
in March that year, before an outbreak of COVID-19 forced the
vessel to turn around.
More than 660 people tested positive to the virus and 28 deaths
have been linked to the cluster.
A class action alleged Carnival, which chartered the ship, and its
owner/operator Princess Cruise Lines, breached duties of care and
Australian Consumer Law.
Justice Angus Stewart on October 25, 2023 found Carnival was
negligent in certain respects with regard to the precautions taken
for passenger safety.
He also found the company made misleading representations in
pre-holiday communications with passengers, including by suggesting
it was "reasonably safe" to take the cruise.
"I have found that before the embarkation of passengers on the Ruby
Princess for the cruise in question, the respondents knew or ought
to have known about the heightened risk of coronavirus infection on
the vessel, and its potentially lethal consequences," the judge
said.
The company also should have known that their screening procedures
were unlikely to catch all infectious passengers, the judge found.
According to Justice Stewart, that knowledge arose from experience
the prior month with outbreaks on two ships also operated by the
company, the Diamond Princess and Grand Princess.
"To the respondents' knowledge, to proceed with the cruise carried
a significant risk of a coronavirus outbreak with possible
disastrous consequences, yet they proceeded regardless."
No damages for personal injury
The judge found to cancel the cruise would not have been so
burdensome that a reasonable person in the circumstances would not
have done so.
"The respondents were therefore negligent and in breach of their
duty of care," he said.
A Carnival Australia spokesperson said the company had seen the
judgement and was considering it in detail.
"The pandemic was a difficult time in Australia's history, and we
understand how heartbreaking it was for those affected," the
statement said.
Lead plaintiff Susan Karpik's case of COVID was mild, however her
husband Henry became very ill and was at one point placed in an
induced coma, given only days to live.
He spent two months in hospital.
Mrs Karpik, a retired nurse, sought damages of $360,000 for
personal injury, distress and disappointment.
Justice Stewart awarded no damages for personal injury, finding
that her case was below the claimable threshold, in part because he
wasn't satisfied she suffered from long COVID.
She was, however, entitled by the judgement to $4,400 plus interest
for out of pocket medical expenses.
The judge found that any damages for distress and disappointment
were offset by a refund all passengers received for the cruise.
Cruise became 'terrible situation'
Outside court, Mrs Karpik said she hoped the findings brought some
comfort to passengers, many of whom had spent time in intensive
care.
"There were 28 people who passed away as a consequence of that
cruise," she said.
"Most of those people were probably on the cruise celebrating a
very significant event in their life and ended up with that
terrible situation of losing their partner or somebody special to
them."
She said the finding about misleading communications should lead
companies to be "more honest, up-front and caring" with customers.
The plaintiffs' lawyer Vicky Antzoulatos said the result was a
comprehensive win and the court will now answer common questions
that apply across the board to all passengers.
"Each passenger will need to prove the individual damages unless
Carnival steps up and settles all the claims now, given the very
comprehensive legal findings against it," she said.
Mrs Karpik's husband would have a "substantial claim" given his
catastrophic injury, Mrs Antzoulatos said, and that would also
apply to several others.
"Hopefully, they'll just settle all the claims to the passenger now
and not prolong the litigation process," she said.
"In terms of precedence, this is the first successful cruise ship
class action in the world so I think cruise ships will be paying
attention to this case and the comprehensive findings that the
court made." [GN]
CHARLESTON AREA MEDICAL: Strickland Sues Over Unpaid Overtime
-------------------------------------------------------------
WILLIAM STRICKLAND, individually and for others similarly situated
v. CHARLESTON AREA MEDICAL CENTER, INC., Case No. 2:23-cv-00676
(S.D.W. Va., Oct. 11, 2023) is a collective action brought by the
Plaintiff to recover unpaid wages and other damages from the
Defendant pursuant to the Fair Labor Standards Act.
According to the complaint, like the Putative Class Members,
Strickland regularly worked more than 40 hours in a week yet CAMC
did not pay them for all their hours worked. Instead, CAMC
automatically deducted 30 minutes a day from these employees'
recorded work time for so-called "meal breaks." CAMC's
auto-deduction policy violates the FLSA by depriving Strickland and
the Putative Class Members of overtime wages for all overtime hours
worked, the suit alleges.
Plaintiff Strickland worked for CAMC as a nursing assistant in
Charleston, West Virginia from approximately February 2022 until
November 2022.
Charleston Area Medical Center, Inc. is the name of a complex of
hospitals in Charleston, West Virginia, formed via a merger of
previously independent facilities.[BN]
The Plaintiff is represented by:
Kirk R. Auvil, Esq.
Walt Auvil, Esq.
THE EMPLOYMENT LAW CENTER, PLLC
1208 Market Street
Parkersburg, WV 26101
Telephone: (304) 485-3058
Facsimile: (304) 485-63434
E-mail: theemploymentlawcenter@gmail.com
auvil@theemploymentlawcenter.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
E-mail: 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
E-mail: rburch@brucknerburch.com
- and -
William C. (Clif) Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
COLUMBINE LOGGING: Conditional Class Status in Sadle Sought
-----------------------------------------------------------
In the class action lawsuit captioned as SHARON SADLE, Individually
and for Others Similarly Situated, v. COLUMBINE LOGGING, INC. d/b/a
COLUMBINE CORPORATION, Case No. 1:23-cv-01495-RMR-SKC (D. Colo.),
the Parties file an agreed motion for conditional certification
under the Fair Labor Standards Act.
The Parties agree to conditional certification of the following
collective pursuant to 29 U.S.C. section 216(b):
"Current and former employees of Columbine who worked only in
non-
field remote geosteering positions and were paid on an hourly
basis
and also received certain loyalty bonuses during the three years
prior to the Court’s Order granting conditional
certification."
By agreeing to conditional certification, Defendant does not waive
its right to argue that the above collective action should be
decertified, to argue that this lawsuit is not properly maintained
as a
collective action, and/or to advance any defenses that it may have
to the substantive claims in this lawsuit.
Columbine provides mud logging and well-site geologic services.
A copy of the Parties' motion dated Oct. 30, 2023 is available from
PacerMonitor.com at https://bit.ly/49mosn1 at no extra charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77005
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@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
E-mail: rburch@brucknerburch.com
The Defendant is represented by:
Mark D. Temple, Esq.
Peter Stuhldreher, Esq.
BAKER & HOSTETLER LLP
811 Main Street, Suite 1100
Houston, TX 77002
Telephone: (713) 751-1600
Facsimile: (713) 751-1717
E-mail: mtemple@bakerlaw.com
pstuhldreher@bakerlaw.com
COX INDUSTRIES: Class Discovery in Crout Suit Due Dec. 1
--------------------------------------------------------
In the class action lawsuit captioned as Crout, et al., v. Cox
Industries Inc., et al., Case No. 3:22-cv-02417 (D.S.C., Filed July
27, 2022), the Hon. Judge Joseph F. Anderson, Jr. entered an order
granting motion for extension of time to complete discovery.
-- Class Discovery now due by: Dec. 1, 2023
-- Motions for Class Certification due by: Dec 22, 2023
The nature of suit states Torts -- Personal Property -- Property
Damage Product Liability.
Cox Industries is a building materials company specializing in wood
products and decking.[CC]
DOUBLETREE EMPLOYER: Huerta Labor Suit Removed to N.D. Calif.
-------------------------------------------------------------
The case styled KARLA SILVA HUERTA, an individual, on behalf of
herself and on behalf of all persons similarly situated, Plaintiff
v. DOUBLETREE EMPLOYER LLC, a Limited Liability Company; CURIO
EMPLOYER LLC, a Limited Liability Company; and DOES 1 through 50,
inclusive, Defendants, Case No. 37-2023-00031030-CU-OE-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 October 13, 2023.
The Clerk of Court for the Southern District of California assigned
Case No. 3:23-cv-01881-RSH-MMP to the proceeding.
In the Complaint, the Plaintiff asserts 10 causes of action against
Defendants: (1) unfair competition; (2) minimum wage violations;
(3) overtime violations, (4) meal period violations; (5) rest
period violations; (6) wage statement violations; (7) expense
reimbursement violations, (8) waiting time penalties; (9) sick pay
violations; and (10) gratuity violations.
Doubletree Employer LLC is a Delaware limited liability company
with its headquarters and principal place of business in
Virginia.[BN]
The Defendants are represented by:
Kelsey A. Israel-Trummel, Esq.
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: (415) 626-3939
Facsimile: (415) 875-5700
E-mail: kitrummel@jonesday.com
- and -
Amanda Molinari, Esq.
JONES DAY
555 South Flower Street, Fiftieth Floor
Los Angeles, CA 90071
Telephone: (213) 489-3939
Facsimile: (213) 243-2539
E-mail: amolinari@jonesday.com
- and -
Connie L. Chen, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
E-mail: Connie.Chen@jacksonlewis.com
- and -
Arcelia N. Magana, Esq.
William A. Llamas, Esq.
JACKSON LEWIS P.C.
225 Broadway, Suite 1800
San Diego, CA 92101
Telephone: (619) 573-4900
Facsimile: (619) 573-4901
E-mail: areclia.magana@jacksonlewis.com
william.llamas@jacksonlewis.com
DUHADWAY KENDALL: Fails to Pay Proper Wages, Asbury Alleges
-----------------------------------------------------------
CHARLES ASBURY, individually and on behalf of all others similarly
situated, Plaintiff v. DUHADWAY, KENDALL & ASSOCIATES, INC., d/b/a
DK SECURITY, Defendant, Case No. 2:23-cv-12696-PDB-DRG (E.D. Mich.,
Oct. 24, 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 Asbury was employed by the Defendant as a staff.
Kendall Duhadway & Associates, Inc. doing business as DK Security,
operates as a security and investigations company. The Company
offers uniform and armed security, investigation, background
screening, and loss prevention services. [BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
Email: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
1 Towne Sq., 17th Floor
Southfield, MI 48375
Telephone: (248) 355-0300
Email: aasciutto@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
Email: jm@melmedlaw.com
lms@melmedlaw.com
ENTRYONLY.COM: Filing for Class Cert Bids Due March 15, 2024
------------------------------------------------------------
In the class action lawsuit captioned as Rayburn v. ENTRYONLY.com,
LLC d/b/a HOMEZU.COM. Case No. 1:23-cv-12246 (D. Mass., Filed Oct.
1, 2023), the Hon. Judge entered a pretrial schedule order:
-- Initial disclosures required by Nov. 30, 2023
Fed. R. Civ. P. 26(a)(1) will be
completed by:
-- Class discovery will be completed Feb. 29, 2024
by:
-- Class certification motions will be March 15, 2024
filed by:
with any opposition by: April 5, 2024
-- All fact discovery will be completed April 5, 2024
by:
-- If class discovery and certification Aug. 2, 2024
is necessary, all fact discovery will
be completed by:
The nature of suit states restrictions of use of telephone
equipment.
EntryOnly.com is a licensed real estate firm in Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island and Vermont.[CC]
FIRST FINANCIAL: Partial Judgment on Pleadings Sought in State Farm
-------------------------------------------------------------------
In the class action lawsuit captioned as State Farm Fire and
Casualty Company, v. First Financial of Charleston, Inc. and Otha
Delaney, individually and on behalf of all others similarly
situated, Case No. 2:23-cv-00263-RMG (D.S.C.), the Plaintiff asks
the Court to enter an order pursuant to Federal Rule of Civil
Procedure 12(c), moves the court for partial judgment on the
pleadings as to its declaratory judgment claims and Defendant Otha
Delaney's and Defendant First Financial of Charleston, Inc.'s
declaratory judgment counterclaims on the following grounds:
1. This is a declaratory judgment action brought by State Farm
to
determine whether it has a duty to defend and indemnify
Defendant First Financial of Charleston, Inc. under a
business
policy of insurance State Farm issued to it bearing policy
number 99-CV-4371-3, in effect from January 9, 2008 through
January 9, 2022, for alleged violations of the South Carolina
Uniform Commercial Code ("SC UCC") in an underlying lawsuit
pending since 2021 in the Charleston County Court of Common
Pleas ("Underlying Lawsuit").
2. The Defendant Otha Delaney is judicially estopped from
characterizing the claims in the Underlying Lawsuit as claims
for "bodily injury," "property damage," "personal injury" or
"personal and advertising injury" when he specifically and
expressly represented to the court in the underlying lawsuit
that he was pursuing claim for statutory violations of the SC
UCC and statutory damages only.
A copy of the Plaintiff's motion dated Oct. 30, 2023 is available
from PacerMonitor.com at https://bit.ly/46WeU0o at no extra
charge.[CC]
The Plaintiff is represented by:
Jennifer E. Johnsen, Esq.
Natalie R. Ecker, Esq.
GALLIVAN, WHITE & BOYD, P.A.
Greenville, SC 29603
Telephone: (864) 271-9580
- and -
Robert W. Whelan, Esq.
Charles R. Norris, Esq.
WHELAN MELLEN & NORRIS, LLC
89 Broad Street
Charleston, SC 29401
Telephone: (843) 998-7099
FORD MOTOR: Parties Seek to Continue Class Cert Deadline to Dec. 1
------------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM LESSIN, CAROL
SMALLEY, et al., on behalf of themselves and all others similarly
situated, v. FORD MOTOR COMPANY, a Delaware corporation; and Does 1
through 10, inclusive, Case No. 3:19-cv-01082-AJB-AHG (S.D. Cal.),
the parties ask the Court to enter an order:
-- Continuing the class certification motion deadline from
November
3, 2023, to December 1, 2023; and
-- Setting deadline for the parties to file a proposed joint
briefing
schedule for the opposition and reply class certification
briefs
and supporting documents for December 8, 2023, one week after
the
proposed new class certification filing deadline.
On July 25, 2023, the Court issued an Amended Scheduling Order,
setting -- among other deadlines -- the deadline for class
discovery for August 31, 2023, and the deadline for Plaintiffs to
file their motion for class certification for October 13, 2023.
On August 22, 2023, the Court extended the class discovery deadline
at the joint request of the parties for the sole and limited
purpose of accommodating the deposition of Ford's former employee,
Tom Nilles, on September 6, 2023.
Ford Motor is an American multinational automobile manufacturer.
A copy of the Parties' motion dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3Mnh696 at no extra charge.[CC]
The Plaintiffs are represented by:
David C. Wright, Esq.
Mark I. Richards, Esq.
McCUNE WRIGHT AREVALO, LLP
3281 E Guasti Rd 100
Ontario, CA 91761
Telephone: (909) 345-8110
The Defendant is represented by:
Randall W. Edwards, Esq.
Amy Laurendeau, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: (415) 984-8700
Facsimile: (415) 984-8701
E-mail: redwards@omm.com
alaurendeau@omm.com
FORESCOUT TECHNOLOGIES: Sayce Seeks to Certify Class Action
-----------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER L. SAYCE,
Individually and on Behalf of All Others Similarly Situated, v.
FORESCOUT TECHNOLOGIES, INC., MICHAEL DECESARE, and CHRISTOPHER
HARMS, Case No. 3:20-cv-00076-SI (N.D. Cal.), the Plaintiffs ask
the Court to enter an order pursuant to Fed. R. Civ. P. 23:
1. Certifying a class consisting of all persons and entities who
purchased or otherwise acquired Forescout's common stock
between
May 9, 2019 and May 15, 2020, both dates inclusive;"
2. Appointing Plaintiffs as Class Representatives; and
3. Appointing Plaintiffs' choice of counsel, Pomerantz LLP and
Abraham, Fruchter & Twersky LLP as Class Counsel.
The Plaintiffs move to certify a Class for the claims against
Defendants on behalf of those persons or entities that purchased or
otherwise acquired the publicly traded common stock of Forescout
during the Class Period.
Additionally, the Plaintiffs request that the Court appoint the
Glazer Funds and Meitav as Class Representatives and appoint
Pomerantz and AFT as Class Counsel.
On January 2, 2020, Christopher Sayce, individually and on behalf
of all others similarly situated, filed this securities fraud
action against Defendants, alleging violations of the federal
securities laws between February 7, 2019, and October 9, 2019. On
March 23, 2020, the Court appointed Meitav as Lead Plaintiff and
Pomerantz as Lead Counsel.
Forescout is a cybersecurity company focusing on securing large
computer networks. ¶
A copy of the Plaintiffs' motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3QDxeWo at no extra
charge.[CC]
The Plaintiffs are represented by:
Jennifer Pafiti, Esq.
Omar Jafri, Esq.
Patrick Dahlstrom, Esq.
Brian P. O’Connell, Esq.
Genc Arifi, Esq.
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
ojafri@pomlaw.com
pdahlstrom@pomlaw.com
boconnell@pomlaw.com
garifi@pomlaw.com
jalieberman@pomlaw.com
ahood@pomlaw.com
- and –
Jeffrey S. Abraham, Esq.
Michael Jason Klein, Esq.
Patrice L. Bishop, Esq.
ABRAHAM, FRUCHTER & TWERSKY, LLP
450 Seventh Avenue, 38th Floor
New York, NY 10123
Telephone: (212) 279-5050
E-mail: JAbraham@aftlaw.com
mklein@aftlaw.com
pbishop@aftlaw.com
GENERAL MOTORS: Pays $1,400 Compensation for Nerfed Batteries
-------------------------------------------------------------
Umar Shakir of The Verge reports that Chevy Bolt owners might have
the option to receive a $1,400 payout from GM as compensation for
dealing with defective EV batteries in model year vehicles from
2020-2022.
As reported by Engadget, the new offer from GM comes as the company
deals with a class action lawsuit over the Bolts that required a
software update that limits range to protect it from catching fire.
Previously, Chevy had two Bolt recalls that, over time, grew to
include nearly every model ever released.
To qualify for the offer, owners must install a "final remedy"
software update on their Bolt through a Chevy dealership by
December 31st, 2023. Owners will get a letter that grants them
access to a web form to accept the money in the form of a Visa
e-gift card.
However, it's not without strings attached. According to the terms
and conditions of the offer, owners have to agree to "forever
waive" rights to sue or join a future class action lawsuit
regarding battery issues "known or unknown." Should the upcoming
class action settlement amount exceed the $1,400 payout from GM,
owners can get the difference on top of the initial agreement.
Older Chevy Bolt models that were made from 2017 to 2019 were
initially provided "fixes" in 2021 to keep the vehicles from
catching fire, but it did not work. An entirely different battery
issue cropped up in 2020, during which time at least 19 Bolts
caught fire with full batteries.
GM issued software updates that limited charging to 80 percent and
brought the drivable range down to about 207 miles from 259 miles.
Older models, as the class action lawsuit states, reduced effective
range by 40 percent, or from 238 miles down to a measly 144 miles
max.
Last year, GM cut prices on new Bolts, then offered up to $6,000
rebates for those who got in right before the drops. Eventually,
the company discontinued the Bolt -- and then announced an entirely
new one is coming that uses the company's Ultium battery (which
does not have a reported history of fires). Considering ongoing
labor strikes are forcing GM to delay other EVs like the Chevy
Equinox and Silverado, we probably won't see the next-gen Bolt
anytime soon. [GN]
GOOGLE LLC: Ambriz Sues Over Data Privacy Violations
----------------------------------------------------
MISAEL AMBRIZ, individually and on behalf of all other persons
similarly situated, Plaintiff v. GOOGLE, LLC, Defendant, Case No.
3:23-cv-05437 (N.D. Cal., Oct. 23, 2023) alleges violation of the
California Invasion of Privacy Act.
According to the complaint, Google has developed and provides a
customer service product called Google Cloud Contact Center AI
(hereafter "GCCCAI") as a software-as-a-service. GCCCAI is employed
by numerous entities, including Verizon Communications, Inc. to
monitor channels for voice-based interactions.
Verizon contracted with Google and its GCCCAI service to respond to
customers who call from California and across the nation call to,
among other things, receive support ("Contact Center").
However, Google also records, accesses, reads, and learns the
contents of conversations between Californians and Verizon customer
service representatives. And, crucially, neither Google nor Verizon
procured the prior consent, express or otherwise, of any person who
interacted with Verizon's customer service agents, prior to
Defendant recording, accessing, reading, and learning the contents
of conversations between Californians and Verizon's customer
service representatives, says the suit.
Google LLC operates as a global technology company specializes in
internet related services and products. The Company focuses on
web-based search and display advertising tools, search engine,
cloud computing, software, and hardware. [BN]
The Plaintiff is represented by:
Neal J. Deckant, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ndeckant@bursor.com
GREAT AMERICAN: Lee Suit Seeks to Certify Class Action
------------------------------------------------------
In the class action lawsuit captioned as ELLEN LEE and CHUNG LEE;
Individually, and on Behalf of the Class; and HAMID R. TAVAKOLIAN,
Individually only, v. GREAT AMERICAN LIFE INSURANCE COMPANY, an
Ohio Corporation, Case No. 5:20-cv-01133-SPG-SHK (C.D. Cal.), the
Plaintiffs ask the Court to enter an order pursuant to Federal Rule
of Civil Procedure 23:
1. Certifying case as a class action with the Class defined as
follows:
The Class:
"All owners, or beneficiaries upon a death of the insured, of
Defendant's individual life insurance policies issued in
California that Defendant lapsed or terminated for nonpayment
of
premium on or after January 1, 2013, without first providing
every notice, grace period, and offer of designation required
by
Insurance Code Sections 10113.71 and 10113.72."
2. Appointing Plaintiffs Ellen Lee and Chung Lee as Class
Representatives; and
3. Appointing the law firms of Nicholas & Tomasevic, LLP and
Winters & Associates as Class Counsel.
The Plaintiffs allege that Defendant failed to comply with
California
Insurance Code sections 10113.71 and 10113.72.
Great American is engaged primarily in property and casualty
insurance ("P&C"), focusing on specialized commercial products for
businesses.
A copy of the Plaintiffs' motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3MpQzYF at no extra
charge.[CC]
The Plaintiffs are represented by:
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
E-mail: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
- and -
Jack B. Winters, Jr., Esq.
Sarah Ball, Esq.
WINTERS & ASSOCIATES
8489 La Mesa Boulevard
La Mesa, CA 91942
Telephone: (619) 234-9000
Facsimile: (619) 750-0413
E-mail: jackbwinters@earthlink.net
sball@einsurelaw.com
IH SERVICES: Removes Franklin Suit to N.D. Illinois
---------------------------------------------------
The Defendant in the case of DMARCO FRANKLIN, individually and on
behalf of all others similarly situated, Plaintiff v. IH SERVICES,
INC., Defendant, filed a notice to remove the lawsuit from the
Judicial Circuit Court of the State of Illinois, County of Will
(Case No. 2023LA00060) to the U.S. District Court for the Northern
District of Illinois on Oct. 23, 2023.
The clerk of court for the Northern District of Illinois assigned
Case No. 1:23-cv-15246.
IH SERVICES, INC. provides janitorial and cleaning services. The
Company offers building maintenance, and landscaping, sweeping,
machine cleaning, material handling, painting, overhead cleaning,
light maintenance, snow removal, and other related services. [BN]
The Defendant is represented by:
Gary R. Clark, Esq.
QUARLES & BRADY LLP
300 North LaSalle Street, Suite 4000
Chicago, IL 60654
Telephone: (312) 715-5000
Facsimile: (312) 715-5155
Email: gary.clark@quarles.com
INDEPENDENCE CITY, MO: Shook Seeks to Certify Firefighters Class
----------------------------------------------------------------
In the class action lawsuit captioned as DONNIE SHOOK, individually
and on behalf of others similarly situated, v. THE CITY OF
INDEPENDENCE, MISSOURI, Case No. 4:23-cv-00028-DGK (W.D. Mo.), the
Plaintiffs ask the Court to enter an order certifying a class of:
"All current and former Independence, Missouri firefighters who
received remuneration in addition to their base hourly rate of
pay
during any work period where they worked out of position at a
higher rate of pay and in excess of 204 hours over prescribed
27-
day pay cycles beginning three years to the filing of this
action
and continuing the date of final disposition thereof."
Independence is a city located in western Missouri, the seat of
Jackson County, and part of the greater Kansas City metropolitan
area.
A copy of the Plaintiff's motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3QDunvJ at no extra
charge.[CC]
The Plaintiff is represented by:
Raymond E. Salva, Jr., Esq.
BOYD KENTER THOMAS & PARRISH LLC
221 W. Lexington Avenue, Suite 200
Independence, MO 64050
Telephone: (816) 471-4511
E-mail: rsalva@bktplaw.com
INTERNAL REVENUE: Hanna Files Suit in N.D. Illinois
---------------------------------------------------
A class action lawsuit has been filed against Internal Revenue
Service, et al. The case is styled as Edward Hanna, and others
similarly situated v. Internal Revenue Service, Saradha
Venkatraman, Dorothy Smith, Case No. 1:23-cv-15238 (N.D. Ill., Oct.
23, 2023).
The nature of suit is stated as Other Civil Rights.
The Internal Revenue Service -- http://www.irs.gov/-- is the
revenue service for the United States federal government, which is
responsible for collecting U.S. federal taxes and administering the
Internal Revenue Code, the main body of the federal statutory tax
law.[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
INTERNATIONAL BUSINESS: Fails to Secure Personal Info, Wright Says
------------------------------------------------------------------
MICHAEL WRIGHT, on behalf of himself and all others similarly
situated v. INTERNATIONAL BUSINESS MACHINES CORPORATION and JOHNSON
& JOHNSON HEALTH CARE SYSTEMS, INC. d/b/a JANSSEN, Case No.
7:23-cv-09364 (S.D.N.Y., Oct. 24, 2023) alleges that the Defendants
failed to properly secure and safeguard the Plaintiff's and other
similarly situated patients' sensitive information, including full
names, contact information, ("personally identifiable information"
or "PII") and medical and health insurance information, which is
protected health information ("PHI", and collectively with PII,
"Private Information") as defined by the Health Insurance
Portability and Accountability Act of 1996.
The Plaintiff brings this action on behalf of all persons whose
Private Information was compromised as a result of the Defendants'
failure to:
(i) adequately protect the Private Information of the Plaintiff
and Class Members;
(ii) warn the Plaintiff and Class Members of the Defendants'
inadequate information security practices; and
(iii) effectively secure hardware containing protected Private
Information using reasonable and effective security
procedures free of vulnerabilities and incidents.
As a direct and proximate result of the Defendants' negligence, the
Plaintiff and the Class have suffered and will suffer injury,
including: invasion of privacy; theft of their Private Information;
lost or diminished value of Private Information; lost time and
opportunity costs associated with attempting to mitigate the actual
consequences of the Data Breach; and experiencing an increase in
spam calls, texts, and/or emails.
The Plaintiff and Class Members seek to remedy these harms and
prevent any future data compromise on behalf of himself and all
similarly situated persons whose personal data was compromised and
stolen as a result of the Data Breach and who remain at risk due to
the Defendants' inadequate data security practices.
The Plaintiff and Class Members are also entitled to injunctive
relief requiring the Defendants to strengthen their data security
systems and monitoring procedures; submit to future annual audits
of those systems and monitoring procedures; and continue to provide
adequate credit monitoring to all Class Members.
The Plaintiff and Class Members are current and former Janssen
patients, who were required to provide their Private Information to
the Defendants, directly or indirectly, in connection with
obtaining products and/or services at Janssen.
IBM provides hybrid cloud and artificial intelligence (AI), and
business services; its integrated solutions and products use data
and information technology in industries and business
processes.[BN]
The Plaintiff is represented by:
Vicki J. Maniatis, Esq.
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN LLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (212) 594-5300
E-mail: vmaniatis@milberg.com
gklinger@milberg.com
IQVIA INC: Class Cert Hearing Rescheduled for Feb. 28, 2024
-----------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
P.L.L.C., v. IQVIA, INC, Case No. 2:20-cv-02370-NIQA (E.D. Pa.),
the Hon. Judge Nitza I. Quinones Alejandro entered an order that a
Federal Rule of Civil Procedure 23 hearing on Plaintiff's motions
for class certification is rescheduled for February 28, 2024.
IQVIA is a global provider of advanced analytics, technology
solutions, and clinical research services to the life sciences
industry.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3Sf49lw at no extra charge.[CC]
JOHNSON SERVICE: Fails to Pay Proper Wages, Cranfill Alleges
------------------------------------------------------------
ROBIN CRANFILL, individually and on behalf of all other similarly
situated, Plaintiff v. JOHNSON SERVICE GROUP, INC., Defendant, Case
No. 1:23-cv-15258 (N.D. Ill., Oct. 24, 2023) is an action against
the Defendants' failure to pay the Plaintiff and the class minimum
wages, and overtime compensation for hours worked in excess of 40
hours per week.
Plaintiff Cranfill was employed by the Defendant as an ITP closure
technician.
JOHNSON SERVICE GROUP, INC. provides contract and temporary
staffing, contract to direct staffing, direct hire staffing,
project management, and payroll services.
The Plaintiff is represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
WERMAN SALAS P.C.
77 W. Washington St., Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
Facsimile: (312) 419-1025
Email: dwerman@flsalaw.com
msalas@flsalaw.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
KALEIDA HEALTH: Must File Class Cert Response by Jan. 12, 2024
--------------------------------------------------------------
In the class action lawsuit captioned as Lutz, et al., v. Kaleida
Health, et al., Case No. 1:18-cv-01112 (W.D.N.Y., Filed Oct. 11,
2018), the Hon. Judge Elizabeth A. Wolford entered an order that:
-- By December 1, 2023, the named plaintiffs shall address the
effect
(if any) of the striking of the Garber Reports on their ability
to
obtain class certification.
-- The Defendants shall respond by January 12, 2024, and the named
plaintiffs may reply by January 22, 2024. Oral argument will be
scheduled if necessary.
Kaleida is a not-for-profit healthcare network that manages five
hospitals in the Buffalo–Niagara Falls metropolitan area.[CC]
KRAFT HEINZ: Boss Appeals Dismissal of Product Mislabeling Suit
---------------------------------------------------------------
Plaintiffs Lisa Boss, et al., filed an appeal from the District
Court's Order dated September 7, 2023 entered in the lawsuit styled
LISA BOSS, LINDA GUNNETT, and PEGGY TATUM, on behalf of themselves
and all others similarly situated, Plaintiffs v. THE KRAFT HEINZ
COMPANY and KRAFT HEINZ FOODS COMPANY (LLC), Defendants, Case No.
1:21-cv-06380, in the U.S. District Court for the Northern District
of Illinois, Eastern Division.
The complaint is a national consumer class action brought by the
Plaintiffs on November 30, 2021 for Defendants' violation of state
consumer protection, unfair competition, and false advertising
statutes, and for common-law breach of warranty, negligent
misrepresentation, and fraud by omission.
The Defendants manufacture, label, distribute, advertise, and sell
"water enhancer" water-flavoring products packaged under the trade
name, "MiO." According to the complaint, the Defendants willfully
conceal from consumers the fact that these products contain
artificial flavoring chemicals that simulate the products' claimed
natural flavors. The Defendants' packaging, labeling, and
advertising scheme for these products is intended to give consumers
the false impression that they are buying a premium all-natural
product instead of a product that is artificially flavored, says
the suit.
Defendant Kraft Heinz has moved to dismiss the complaint pursuant
to Federal Rule of Civil Procedure 12(b)(6).
On September 7, 2023, Judge Sharon Johnson Coleman signed an Order
granting Defendants' motion to dismiss Plaintiffs' complaint.
The appellate case is captioned as Lisa Boss, et al. v. Kraft Heinz
Company, et al., Case No. 23-2966, in the U.S. Court of Appeals for
the Seventh Circuit, filed on October 11, 2023.
The briefing schedule in the Appellate Case states that Appellant's
brief is due on or before November 20, 2023 for Lisa Boss, Linda
Gunnett and Peggy Tatum.[BN]
Plaintiffs-Appellants LISA BOSS and PEGGY TATUM, on behalf of
themselves and all others similarly situated, are represented by:
David Elliot, Esq.
ELLIOT LAW OFFICE, PC
2028 Third Avenue
San Diego, CA 92101
Telephone: (858) 228-7997
Defendants-Appellees KRAFT HEINZ COMPANY and KRAFT HEINZ FOODS
COMPANY LLC are represented by:
Dean N. Panos, Esq.
JENNER & BLOCK LLP
353 N. Clark Street
Chicago, IL 60654-3456
Telephone: (312) 923-2765
L'OREAL USA: Court Dismisses Class Suit Over Mislabeled Mascaras
----------------------------------------------------------------
Kelly A. Bonner of Duane Morris reports that On September 30, 2023,
the US District Court for the Southern District of New York
dismissed a putative class action in which plaintiffs claimed they
would not have purchased or paid a premium price for certain
waterproof mascaras had they known of the presence of per- and
polyfluoroalkyl substances ("PFAS").
In a 22-page opinion, the court held that plaintiffs failed to
sufficiently allege that the mascaras they individually purchased
actually contained PFAS, or that there was a material risk that
they did; thus, plaintiffs could not establish an actual injury.
The court dismissed plaintiffs' claims under Sections 349-50 of New
York's General Business Law, as well as a host of other state
consumer protection laws, and common law claims for unjust
enrichment, breach of express and implied warrant, and fraudulent
concealment.
Notably, the court rejected plaintiffs' attempts to establish
actual injury by relying on a 2021 study conducted by researchers
at the University of Notre Dame, which screened 231 cosmetic
products, including lip products, eye products, foundations, face
products, mascaras, concealers, and eyebrow products, for their
total fluorine levels to identify the possible presence of PFAS, as
well as specially commissioned third-party analysis of the
waterproof mascaras purchased by plaintiffs.
The court concluded that the mascaras purchased by plaintiffs
weren't analyzed in the Notre Dame Study; moreover, the court
identified "glaring shortcomings" with plaintiffs' third party
analysis, noting that the study "does not allege, for instance, how
many products were tested …whether all those tested products
revealed the presence of PFAS, and if not, what percentage of the
products had PFAS."
Although plaintiffs are seeking to amend their complaint to revive
their claims, the takeaway here is, following the U.S. Supreme
Court's decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190,
2207 (2021), absent an actual injury, plaintiffs will not have
standing to pursue class action claims.
It's important to note that hovering in the background of
cosmetics-related PFAS litigation is the recent Modernization of
Cosmetics Regulation Act ("MoCRA"), which overhauled federal
regulation of cosmetics in the United States. Among its many new
rulemaking requirements, MoCRA requires FDA to publish a report no
later than 2025 assessing the use of per- and polyfluoroalkyl
substances (PFAS) in cosmetics and safety risks associated with
such use. It remains to be seen what effect FDA's report will have
on putative PFAS class actions in the beauty and wellness space,
and what, if any, defenses cosmetics companies can assert based on
FDA's analysis.
The case is Zaida Hicks, et al. v. L'Oreal USA Inc., No. 22-1989,
(S.D.N.Y. Sept. 30, 2023).[GN]
LUCKY CHICKEN: Faces Lauriano Wage-and-Hour Suit in S.D.N.Y.
------------------------------------------------------------
TINA MARIE LAURIANO, individually and on behalf of all others
similarly situated, Plaintiff v. LUCKY CHICKEN CORP. and LUCKY
CHICKEN GRILL INC., PINDER PAUL and RAJINDER PAUL, as individuals,
Defendants, Case No. 1:23-cv-09028 (S.D.N.Y., Oct. 13, 2023) seeks
to recover damages for Defendants' egregious violations of the Fair
Labor Standards Act and the New York Labor Law arising from
Plaintiff's employment at the Defendants.
The Plaintiff was employed by the Defendants as a cashier, stocker,
and cleaner from 2010 until November 2022. She alleges the
Defendants' failure to pay proper overtime and minimum wages,
failure to provide spread of hour compensation, and failure to
furnish wage statements and wage written notice.
Lucky Chicken Corp. and Lucky Chicken Grill Inc. are New York-based
restaurant companies.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
LYONS MAGNUS: Class Settlement in Catalano Suit Gets Initial Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as WAYNE CATALANO, KAREN
RADFORD, CHRISTY DERINGER, TOMOKO NAKANISHI, VERONICA PEREYRA,
ROBERTA SINICO, BARBARA SPEAKS, and EDMOND DIXON, individually on
behalf of themselves and all others similarly situated, v. LYONS
MAGNUS, LLC and TRU ASEPTICS, LLC, Case No. 7:22-cv-06867-KMK
(S.D.N.Y.), the Hon. Judge Kenneth M. Karas entered an order
granting the Plaintiffs' Motion for preliminary approval of the
class settlement and for certification of a settlement class.
Lyons Magnus produces and markets food products. The Company offers
beverages, toppings and sauces, food ingredients, frozen desserts,
and nutritional products.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3QC7IRA at no extra charge.[CC]
MARRIOTT INTERNATIONAL: Wins Kronos Class Action Suit
-----------------------------------------------------
Ufonobong Umanah of Bloomberg Law reports that three Marriott
International Inc. workers pursuing a proposed class action over
the hotel chain's alleged failure to properly pay overtime and
minimum wages after the outage of a third-party timekeeping system
got their case dismissed without prejudice on October 24, 2023.
The lawsuit alleged that when Ultimate Kronos Group's timekeeping
software was hit by a cyberattack, "it was still feasible for
Marriott to have its employees and managers report accurate hours
so they could be" properly paid, but instead Marriott paid Zoe
Davide and others "based on estimates of time or pay, or based upon
arbitrary considerations other than Davide's actual hours worked.
[GN]
MASON SUPPLY: General Pretrial Management Entered in Bassaw
-----------------------------------------------------------
In the class action lawsuit captioned as SHIVAN BASSAW, v. MASON
SUPPLY, INC., Case No. 1:23-cv-09237-JHR-BCM (S.D.N.Y.), the Hon.
Judge Barbara Moses entered an order regarding general pretrial
management as follows:
-- All pretrial motions and applications, including those related
to
scheduling and discovery (but excluding motions to dismiss or
for
judgment on the pleadings, for injunctive relief, for summary
judgment, or for class certification under Fed. R. Civ. P. 23)
must be made to Judge Moses and in compliance with this Court's
Individual Practices in Civil Cases, available on the Court's
website at https://nysd.uscourts.gov/hon-barbara-moses.
-- Once a discovery schedule has been issued, all discovery must
be
initiated in time to be concluded by the close of discovery set
by
the Court.
-- Discovery applications, including letter-motions requesting
discovery conferences, must be made promptly after the need for
such an application arises and must comply with Local Civil
Rule
37.2 and section 2(b) of Judge Moses's Individual Practices. It
is
the Court's practice to decide discovery disputes at the Rule
37.2
conference, based on the parties' letters, unless a party
requests
or the Court requires more formal briefing.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3QzFMxz at no extra charge.[CC]
MCCARTHY BURGESS: Zahriyeh Sues Over Illegal Debt Collection
------------------------------------------------------------
ABDEL ZAHRIYEH, individually and on behalf of all those similarly
situated, Plaintiff v. MCCARTHY, BURGESS & WOLFF, INC., Defendant,
Case No. CACE-23-019537 (Fla. Cir., 17th Judicial, Broward Cty.,
Oct. 11, 2023) is a class action against the Defendant for
violations of the Fair Debt Collection Practices Act and the
Florida Consumer Collection Practices Act.
According to the complaint, the Defendant began attempting to
collect a debt from Plaintiff. The consumer debt is an obligation
allegedly had by Plaintiff to pay money arising from a transaction
between the creditor of the consumer debt, Florida Power & Light
Co., and Plaintiff.
On September 10, 2023, the Defendant was notified in writing
through a notice that Plaintiff wished for Defendant to cease
communication with him with respect to the debt. Despite knowing
this, Defendant communicated and/or contacted Plaintiff, by and
through a text message, in connection with the collection of the
consumer debt, in violation of the FDCPA and FCCPA.
McCarthy, Burgess & Wolff, Inc. is a debt collection agency.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
gerald@jibraellaw.com
MDL 3032: Class Action Settlement Brown Suit Gets Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as Brown v. Family Dollar Inc
et al., Case No. 2:22-cv-02374 (W.D. Tenn.), the Hon. Judge Sheryl
H. Lipman entered an order that:
1. The Court finds that it has jurisdiction over the subject
matter
of the Action, all Parties to the Action, and the Settlement
Class.
2. The Plaintiffs' Unopposed Motion to Substitute and Dismiss
Certain Class Representatives is granted.
3. The Settlement is conditionally approved as fair, reasonable,
and adequate, subject to further consideration at the Final
Settlement Fairness Hearing.
4. The Plaintiffs Sheena Bibbs, Tina Bishop, Beverly Gordon,
Julian
Graves, Martha Lacy, Taylor Lorimer, Soyna Mull, Vinnie
Smith,
Sandra Walker, and Jerome Whitney are conditionally approved
as
Class Representatives.
5. J. Gerard Stranch, IV, Sarah Sterling Aldridge, and Charles
J.
LaDuca are approved as Class Counsel, and the Court finds
that
Class Counsel has and will fairly and adequately protect the
interests of the Class.
6. Pursuant to Rule 23, the Court conditionally certifies the
following Class for purposes of this Settlement only, and
subject to further consideration at the Final Settlement
Fairness Hearing:
a. All persons who reside within Arkansas, Alabama,
Louisiana,
Mississippi, Missouri, or Tennessee, and, from January 1,
2020, through February 18, 2022, inclusive, purchased any
product from an Affected Family Dollar Store.
b. Excluded from the Settlement Class are (i) Defendants;
(ii)
Defendants' agents, parents, officers, predecessors,
directors, legal representatives, heirs, successors and
wholly or partly owned subsidiaries or affiliates of
Defendants; (iii) Class Counsel and any other attorneys
who
represent Settlement Class Representatives or the
Settlement
Class in this Action, as well as their agents and
employees;
(iv) the judicial officers and court staff assigned to
this
case, as well as their immediate family members; and (v)
Persons who timely request to be excluded from this
Settlement as provided in Paragraph 9.
7. If the Settlement Agreement does not receive the Court's
final
approval, if final approval is reversed on appeal, or if the
Settlement Agreement is terminated or otherwise fails to
become
effective, the Court’s grant of conditional class
certification
of the Settlement Class shall be vacated, the Parties shall
revert to their positions in the Action as they existed on
April
18, 2023, and the Settlement Class Representatives and the
Settlement Class Members will once again bear the burden to
prove the propriety of class certification and the merits of
their claims at trial.
8. Settlement Class Members will have sixty calendar days from
the
Notice Date to submit their Claim Forms.
9. The Final Settlement Fairness Hearing shall be held by the
Court
on Friday, April 5, 2024, at 10:00 a.m.
On July 18, 2023, the State of Arkansas filed a Motion to
Intervene, arguing that the Plaintiffs' class-action Arkansas
Deceptive Trade Practices Act ("ATDPA") claims are prohibited by
Arkansas law.
The Brown Suit is consolidated in MDL 3032 Family Dollar Stores,
Inc., Pest Infestation Litigation.
Family Dollar is a value chain store that sells groceries and
household goods at discounted prices.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/40jIieH at no extra charge.[CC]
MDL 3032: Class Action Settlement in Mull Suit Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as Mull v. Family Dollar
Stores of Tennessee, Inc. et al., Case No. 2:22-cv-02272 (W.D.
Tenn.), the Hon. Judge Sheryl H. Lipman entered an order that:
1. The Court finds that it has jurisdiction over the subject
matter
of the Action, all Parties to the Action, and the Settlement
Class.
2. The Plaintiffs' Unopposed Motion to Substitute and Dismiss
Certain Class Representatives is granted.
3. The Settlement is conditionally approved as fair, reasonable,
and adequate, subject to further consideration at the Final
Settlement Fairness Hearing.
4. The Plaintiffs Sheena Bibbs, Tina Bishop, Beverly Gordon,
Julian
Graves, Martha Lacy, Taylor Lorimer, Soyna Mull, Vinnie
Smith,
Sandra Walker, and Jerome Whitney are conditionally approved
as
Class Representatives.
5. J. Gerard Stranch, IV, Sarah Sterling Aldridge, and Charles
J.
LaDuca are approved as Class Counsel, and the Court finds
that
Class Counsel has and will fairly and adequately protect the
interests of the Class.
6. Pursuant to Rule 23, the Court conditionally certifies the
following Class for purposes of this Settlement only, and
subject to further consideration at the Final Settlement
Fairness Hearing:
a. All persons who reside within Arkansas, Alabama,
Louisiana,
Mississippi, Missouri, or Tennessee, and, from January 1,
2020, through February 18, 2022, inclusive, purchased any
product from an Affected Family Dollar Store.
b. Excluded from the Settlement Class are (i) Defendants;
(ii)
Defendants' agents, parents, officers, predecessors,
directors, legal representatives, heirs, successors and
wholly or partly owned subsidiaries or affiliates of
Defendants; (iii) Class Counsel and any other attorneys
who
represent Settlement Class Representatives or the
Settlement
Class in this Action, as well as their agents and
employees;
(iv) the judicial officers and court staff assigned to
this
case, as well as their immediate family members; and (v)
Persons who timely request to be excluded from this
Settlement as provided in Paragraph 9.
7. If the Settlement Agreement does not receive the Court's
final
approval, if final approval is reversed on appeal, or if the
Settlement Agreement is terminated or otherwise fails to
become
effective, the Court’s grant of conditional class
certification
of the Settlement Class shall be vacated, the Parties shall
revert to their positions in the Action as they existed on
April
18, 2023, and the Settlement Class Representatives and the
Settlement Class Members will once again bear the burden to
prove the propriety of class certification and the merits of
their claims at trial.
8. Settlement Class Members will have sixty calendar days from
the
Notice Date to submit their Claim Forms.
9. The Final Settlement Fairness Hearing shall be held by the
Court
on Friday, April 5, 2024, at 10:00 a.m.
On July 18, 2023, the State of Arkansas filed a Motion to
Intervene, arguing that the Plaintiffs' class-action Arkansas
Deceptive Trade Practices Act ("ATDPA") claims are prohibited by
Arkansas law.
The Mull Suit is consolidated in MDL 3032 Family Dollar Stores,
Inc., Pest Infestation Litigation.
Family Dollar is a value chain store that sells groceries and
household goods at discounted prices.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/40kI1bo at no extra charge.[CC]
MDL 3032: Class Action Settlement in Robertson Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as Robertson, et al., v.
Family Dollar Stores of Arkansas LLC, et al., Case No.
2:22-cv-02378 (W.D. Tenn.), the Hon. Judge Sheryl H. Lipman
entered an order that:
1. The Court finds that it has jurisdiction over the subject
matter
of the Action, all Parties to the Action, and the Settlement
Class.
2. The Plaintiffs' Unopposed Motion to Substitute and Dismiss
Certain Class Representatives is granted.
3. The Settlement is conditionally approved as fair, reasonable,
and adequate, subject to further consideration at the Final
Settlement Fairness Hearing.
4. The Plaintiffs Sheena Bibbs, Tina Bishop, Beverly Gordon,
Julian
Graves, Martha Lacy, Taylor Lorimer, Soyna Mull, Vinnie
Smith,
Sandra Walker, and Jerome Whitney are conditionally approved
as
Class Representatives.
5. J. Gerard Stranch, IV, Sarah Sterling Aldridge, and Charles
J.
LaDuca are approved as Class Counsel, and the Court finds
that
Class Counsel has and will fairly and adequately protect the
interests of the Class.
6. Pursuant to Rule 23, the Court conditionally certifies the
following Class for purposes of this Settlement only, and
subject to further consideration at the Final Settlement
Fairness Hearing:
a. All persons who reside within Arkansas, Alabama,
Louisiana,
Mississippi, Missouri, or Tennessee, and, from January 1,
2020, through February 18, 2022, inclusive, purchased any
product from an Affected Family Dollar Store.
b. Excluded from the Settlement Class are (i) Defendants;
(ii)
Defendants' agents, parents, officers, predecessors,
directors, legal representatives, heirs, successors and
wholly or partly owned subsidiaries or affiliates of
Defendants; (iii) Class Counsel and any other attorneys
who
represent Settlement Class Representatives or the
Settlement
Class in this Action, as well as their agents and
employees;
(iv) the judicial officers and court staff assigned to
this
case, as well as their immediate family members; and (v)
Persons who timely request to be excluded from this
Settlement as provided in Paragraph 9.
7. If the Settlement Agreement does not receive the Court's
final
approval, if final approval is reversed on appeal, or if the
Settlement Agreement is terminated or otherwise fails to
become
effective, the Court’s grant of conditional class
certification
of the Settlement Class shall be vacated, the Parties shall
revert to their positions in the Action as they existed on
April
18, 2023, and the Settlement Class Representatives and the
Settlement Class Members will once again bear the burden to
prove the propriety of class certification and the merits of
their claims at trial.
8. Settlement Class Members will have sixty calendar days from
the
Notice Date to submit their Claim Forms.
9. The Final Settlement Fairness Hearing shall be held by the
Court
on Friday, April 5, 2024, at 10:00 a.m.
On July 18, 2023, the State of Arkansas filed a Motion to
Intervene, arguing that the Plaintiffs' class-action Arkansas
Deceptive Trade Practices Act ("ATDPA") claims are prohibited by
Arkansas law.
The Robertson Suit is consolidated in MDL 3032 Family Dollar
Stores, Inc., Pest Infestation Litigation.
Family Dollar is a value chain store that sells groceries and
household goods at discounted prices.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/45TTnnX at no extra charge.[CC]
MDL 3032: Class Action Settlement in Smith Suit Gets Initial Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as Smith et al v. Family
Dollar Services, LLC et al., Case No. 2:22-cv-02382 (W.D. Tenn.),
the Hon. Judge Sheryl H. Lipman entered an order that:
1. The Court finds that it has jurisdiction over the subject
matter
of the Action, all Parties to the Action, and the Settlement
Class.
2. The Plaintiffs' Unopposed Motion to Substitute and Dismiss
Certain Class Representatives is granted.
3. The Settlement is conditionally approved as fair, reasonable,
and adequate, subject to further consideration at the Final
Settlement Fairness Hearing.
4. The Plaintiffs Sheena Bibbs, Tina Bishop, Beverly Gordon,
Julian
Graves, Martha Lacy, Taylor Lorimer, Soyna Mull, Vinnie
Smith,
Sandra Walker, and Jerome Whitney are conditionally approved
as
Class Representatives.
5. J. Gerard Stranch, IV, Sarah Sterling Aldridge, and Charles
J.
LaDuca are approved as Class Counsel, and the Court finds
that
Class Counsel has and will fairly and adequately protect the
interests of the Class.
6. Pursuant to Rule 23, the Court conditionally certifies the
following Class for purposes of this Settlement only, and
subject to further consideration at the Final Settlement
Fairness Hearing:
a. All persons who reside within Arkansas, Alabama,
Louisiana,
Mississippi, Missouri, or Tennessee, and, from January 1,
2020, through February 18, 2022, inclusive, purchased any
product from an Affected Family Dollar Store.
b. Excluded from the Settlement Class are (i) Defendants;
(ii)
Defendants' agents, parents, officers, predecessors,
directors, legal representatives, heirs, successors and
wholly or partly owned subsidiaries or affiliates of
Defendants; (iii) Class Counsel and any other attorneys
who
represent Settlement Class Representatives or the
Settlement
Class in this Action, as well as their agents and
employees;
(iv) the judicial officers and court staff assigned to
this
case, as well as their immediate family members; and (v)
Persons who timely request to be excluded from this
Settlement as provided in Paragraph 9.
7. If the Settlement Agreement does not receive the Court's
final
approval, if final approval is reversed on appeal, or if the
Settlement Agreement is terminated or otherwise fails to
become
effective, the Court’s grant of conditional class
certification
of the Settlement Class shall be vacated, the Parties shall
revert to their positions in the Action as they existed on
April
18, 2023, and the Settlement Class Representatives and the
Settlement Class Members will once again bear the burden to
prove the propriety of class certification and the merits of
their claims at trial.
8. Settlement Class Members will have sixty calendar days from
the
Notice Date to submit their Claim Forms.
9. The Final Settlement Fairness Hearing shall be held by the
Court
on Friday, April 5, 2024, at 10:00 a.m.
On July 18, 2023, the State of Arkansas filed a Motion to
Intervene, arguing that the Plaintiffs' class-action Arkansas
Deceptive Trade Practices Act ("ATDPA") claims are prohibited by
Arkansas law.
The Smith Suit is consolidated in MDL 3032 Family Dollar Stores,
Inc., Pest Infestation Litigation.
Family Dollar is a value chain store that sells groceries and
household goods at discounted prices.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3skfypp at no extra charge.[CC]
MDL 3032: Class Settlement in Whitney Suit Gets Initial Nod
-------------------------------------------------------------
In the class action lawsuit captioned as Whitney v. Family Dollar
Inc. (Family Dollar Stores, Inc., Pest Infestation Litigation),
Case No. 2:22-cv-02408-SHL-tmp (W.D. Tenn.), the Hon. Judge Sheryl
H. Lipman entered an order that:
1. The Court finds that it has jurisdiction over the subject
matter
of the Action, all Parties to the Action, and the Settlement
Class.
2. The Plaintiffs' Unopposed Motion to Substitute and Dismiss
Certain Class Representatives is granted.
3. The Settlement is conditionally approved as fair, reasonable,
and adequate, subject to further consideration at the Final
Settlement Fairness Hearing.
4. The Plaintiffs Sheena Bibbs, Tina Bishop, Beverly Gordon,
Julian
Graves, Martha Lacy, Taylor Lorimer, Soyna Mull, Vinnie
Smith,
Sandra Walker, and Jerome Whitney are conditionally approved
as
Class Representatives.
5. J. Gerard Stranch, IV, Sarah Sterling Aldridge, and Charles
J.
LaDuca are approved as Class Counsel, and the Court finds
that
Class Counsel has and will fairly and adequately protect the
interests of the Class.
6. Pursuant to Rule 23, the Court conditionally certifies the
following Class for purposes of this Settlement only, and
subject to further consideration at the Final Settlement
Fairness Hearing:
a. All persons who reside within Arkansas, Alabama,
Louisiana,
Mississippi, Missouri, or Tennessee, and, from January 1,
2020, through February 18, 2022, inclusive, purchased any
product from an Affected Family Dollar Store.
b. Excluded from the Settlement Class are (i) Defendants;
(ii)
Defendants' agents, parents, officers, predecessors,
directors, legal representatives, heirs, successors and
wholly or partly owned subsidiaries or affiliates of
Defendants; (iii) Class Counsel and any other attorneys
who
represent Settlement Class Representatives or the
Settlement
Class in this Action, as well as their agents and
employees;
(iv) the judicial officers and court staff assigned to
this
case, as well as their immediate family members; and (v)
Persons who timely request to be excluded from this
Settlement as provided in Paragraph 9.
7. If the Settlement Agreement does not receive the Court's
final
approval, if final approval is reversed on appeal, or if the
Settlement Agreement is terminated or otherwise fails to
become
effective, the Court’s grant of conditional class
certification
of the Settlement Class shall be vacated, the Parties shall
revert to their positions in the Action as they existed on
April
18, 2023, and the Settlement Class Representatives and the
Settlement Class Members will once again bear the burden to
prove the propriety of class certification and the merits of
their claims at trial.
8. Settlement Class Members will have sixty calendar days from
the
Notice Date to submit their Claim Forms.
9. The Final Settlement Fairness Hearing shall be held by the
Court
on Friday, April 5, 2024, at 10:00 a.m.
On July 18, 2023, the State of Arkansas filed a Motion to
Intervene, arguing that the Plaintiffs' class-action Arkansas
Deceptive Trade Practices Act ("ATDPA") claims are prohibited by
Arkansas law.
The Whitney Suit is consolidated in MDL 3032 Family Dollar Stores,
Inc., Pest Infestation Litigation.
Family Dollar is a value chain store that sells groceries and
household goods at discounted prices.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3tUHoJp at no extra charge.[CC]
MDL 3032: Settlement in Pest Infestation Suit Gets Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as In Re: Family Dollar
Stores, Inc., Pest Infestation Litigation-MDL 3032, the Hon. Judge
Sheryl H. Lipman entered an order that:
1. The Court finds that it has jurisdiction over the subject
matter
of the Action, all Parties to the Action, and the Settlement
Class.
2. The Plaintiffs' Unopposed Motion to Substitute and Dismiss
Certain Class Representatives is granted.
3. The Settlement is conditionally approved as fair, reasonable,
and adequate, subject to further consideration at the Final
Settlement Fairness Hearing.
4. The Plaintiffs Sheena Bibbs, Tina Bishop, Beverly Gordon,
Julian
Graves, Martha Lacy, Taylor Lorimer, Soyna Mull, Vinnie
Smith,
Sandra Walker, and Jerome Whitney are conditionally approved
as
Class Representatives.
5. J. Gerard Stranch, IV, Sarah Sterling Aldridge, and Charles
J.
LaDuca are approved as Class Counsel, and the Court finds
that
Class Counsel has and will fairly and adequately protect the
interests of the Class.
6. Pursuant to Rule 23, the Court conditionally certifies the
following Class for purposes of this Settlement only, and
subject to further consideration at the Final Settlement
Fairness Hearing:
a. All persons who reside within Arkansas, Alabama,
Louisiana,
Mississippi, Missouri, or Tennessee, and, from January 1,
2020, through February 18, 2022, inclusive, purchased any
product from an Affected Family Dollar Store.
b. Excluded from the Settlement Class are (i) Defendants;
(ii)
Defendants' agents, parents, officers, predecessors,
directors, legal representatives, heirs, successors and
wholly or partly owned subsidiaries or affiliates of
Defendants; (iii) Class Counsel and any other attorneys
who
represent Settlement Class Representatives or the
Settlement
Class in this Action, as well as their agents and
employees;
(iv) the judicial officers and court staff assigned to
this
case, as well as their immediate family members; and (v)
Persons who timely request to be excluded from this
Settlement as provided in Paragraph 9.
7. If the Settlement Agreement does not receive the Court's
final
approval, if final approval is reversed on appeal, or if the
Settlement Agreement is terminated or otherwise fails to
become
effective, the Court’s grant of conditional class
certification
of the Settlement Class shall be vacated, the Parties shall
revert to their positions in the Action as they existed on
April
18, 2023, and the Settlement Class Representatives and the
Settlement Class Members will once again bear the burden to
prove the propriety of class certification and the merits of
their claims at trial.
8. Settlement Class Members will have sixty calendar days from
the
Notice Date to submit their Claim Forms.
9. The Final Settlement Fairness Hearing shall be held by the
Court
on Friday, April 5, 2024, at 10:00 a.m.
On July 18, 2023, the State of Arkansas filed a Motion to
Intervene, arguing that the Plaintiffs' class-action Arkansas
Deceptive Trade Practices Act ("ATDPA") claims are prohibited by
Arkansas law.
Family Dollar is a value chain store that sells groceries and
household goods at discounted prices.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/49elIYY at no extra charge.[CC]
MEL BERNIE AND COMPANY: Gonzalez Files ADA Suit in S.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Mel Bernie and
Company, Inc. The case is styled as Yanilza Gonzalez, on behalf of
herself and all others similarly situated v. Mel Bernie and
Company, Inc., Case No. 1:23-cv-09331-LJL (S.D.N.Y., Oct. 23,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Mel Bernie Company, trading as 1928 Jewelry Company is a
manufacturer and wholesaler of costume jewelry and novelties.[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
META PLATFORMS: Appellate Court Revives Shareholders Class Suit
---------------------------------------------------------------
Jody Godoy of Reuters reports that a shareholders' proposed class
action accusing Meta Platforms Inc (META.O) of concealing sweeping
misuse of Facebook users' data in 2017 and 2018 was revived by a
U.S. appeals court on October 25, 2023.
Ruling 2-1, the 9th U.S. Circuit Court of Appeals in San Francisco
restored shareholders' claim that the company, then known as
Facebook, falsely said that user data "could" be compromised. At
the time, the company was already aware that the UK-based
consulting firm Cambridge Analytica had violated its privacy
policies, shareholders allege.
"The problem is that Facebook represented the risk of improper
access to or disclosure of Facebook user data as purely
hypothetical when that exact risk had already transpired," Circuit
Judge Margaret McKeown wrote for the majority.
Darren Robbins, an attorney who represents Meta investors, said
they are pleased with the "carefully reasoned" ruling. An attorney
for Meta did not immediately respond to a request for comment.
The breach, first reported in 2015, exposed the data of an
estimated 87 million Facebook users.
Shareholders sued in 2018 after the company's stock fell on reports
that Facebook was still allowing third parties to access user data,
and that data from the Cambridge Analytica breach had been used in
connection with Donald Trump's presidential campaign.
The lawsuit was largely dismissed in 2020, before the 9th Circuit
ruled that shareholders of Alphabet, Google's parent company, could
sue over warnings that data privacy risks "could" occur when a
breach had already happened.
The 9th Circuit majority cited the Alphabet ruling in reviving the
case against Meta.
Circuit Judge Patrick Bumatay dissented, saying that Facebook's
disclosures concerned the type of risks involved in its business,
not whether or not a data breach had occurred.
Facebook paid more than $5 billion in penalties to U.S. authorities
over the Cambridge Analytica scandal and paid $725 million to
settle a lawsuit by Facebook users. [GN]
META PLATFORMS: Continues to Defend Securities Class Suit in Calif.
-------------------------------------------------------------------
Meta Platforms 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 securities class suit
in the U.S. District Court for the Northern District of
California.
On March 8, 2022, a putative class action was filed in the U.S.
District Court for the Northern District of California against the
Company and certain of its directors and officers alleging
violations of securities laws in connection with the disclosure of
our earnings results for the fourth quarter of 2021 and seeking
unspecified damages.
On July 18, 2023, the court dismissed the claims against Meta and
its officers with leave to amend.
On September 18, 2023, the plaintiffs filed an amended complaint.
The Company believes this lawsuit is without merit, and is
vigorously defending it.
Meta creates, markets, and sells software and hardware technology
products, including Facebook, Instagram, and Horizon Worlds.[BN]
META PLATFORMS: South Dakota Joins Suit Over Social Media Impact
----------------------------------------------------------------
Mitchell Republic reports that Meta, the tech company that owns
Facebook and Instagram, is under fire by 32 states' attorneys
general for "scheming to exploit young users for profit."
The class action lawsuit claims that consumer reports filed by Meta
misrepresent the gravity of the harm its social media platforms
inflict on users 13 and under, to their personal privacy and their
mental and physical health.
"Social media use, including Meta platforms such as Facebook and
Instagram, has played a major role in the youth mental health
issues occurring in America," said Attorney General for South
Dakota Marty Jackley. "Such platforms have led or contributed to
physical and emotional harm to children and devastating families.
Meta needs to be held accountable for its actions."
Meta actively exploits young users' tendency to compulsively use
the apps for extended periods of time, the lawsuit states. Those
features, like algorithms that constantly recommend new content and
audiovisual and haptic notifications built into the apps, can
severely disrupt sleep for the children those features are targeted
to.
The sites also take a toll on the self-esteem of children,
especially girls, according to the lawsuit. Instagram and Facebook
offer camera features that promote eating disorders and body
dysmorphia in youth, the lawsuit claims, and have not done enough
to empower parents and guardians of those children with features
for limiting exposure of certain content to their children.
The lawsuit, filed in the U.S. District Court for the Northern
District of California on Oct. 24, contends that Meta "subordinated
young user health and safety to its goal of maximizing profits by
prolonging young users' time spent on its Social Media Platforms."
The lawsuit also claims Meta violated the Children's Online Privacy
Rule by not properly obtaining parental consent for Facebook and
Instagram users who are under the age of 13, that the company not
only knows the sites are being used by unsupervised children, but
that the sites are explicitly "directed to children."
The attorneys general are seeking a permanent injunction to stop
the violations they claimed Meta is complicit in, and to award the
filing states damages, restitution and other compensation that the
court finds to be proper. [GN]
MOBILEHELP LLC: Has Made Unsolicited Calls, Chapman Claims
----------------------------------------------------------
BRIAN CHAPMAN, individually and on behalf of all others similarly
situated, Plaintiff v. MOBILEHELP, LLC, Defendant, Case No.
9:23-cv-81415-XXXX (S.D. Fla., Oct. 24, 2023) seeks to stop the
Defendants' practice of making unsolicited calls.
MOBILEHELP, LLC is a provider of M-PERS (Mobile-Personal Emergency
Response Systems) and personal health management technology. [BN]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
Email: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
MSG ENTERTAINMENT: Robinson Sues Over Employment Discrimination
---------------------------------------------------------------
STEVIE ROBINSON, v. MSG ENTERTAINMENT GROUP, LLC., MSG
ENTERTAINMENT HOLDINGS, LLC., TODD JACKSON, in his individual and
official capacities, and MICHAEL BAILEY, in his individual and
official capacities, BRIAN CONROY, in his individual and official
capacities, DARIAN JENNINGS, in his individual and official
capacities, AZURE-DEE MARTIN, in her individual and official
capacities, EILEEN MCNAMARA, ESQ., in her individual and official
capacities, Case No. 1:23-cv-09366 (S.D.N.Y., Oct. 24, 2023) seeks
damages to redress the injuries the Plaintiff suffered as a result
of being discriminated against and having his employment
terminated, solely on the basis of a past criminal conviction,
which had no direct relationship to the position the Plaintiff
worked, nor would it hold any bearing on Plaintiff's duties or job
performance, pursuant to Article 23-A of the New York State
Corrections Law, the New York State Human Rights Law, and the New
York City Human Rights Law.
The Plaintiff seeks damages to redress the injuries the Plaintiff
suffered as a result of being discriminated and retaliated against
on the basis of his disabilities, whether actual/and or perceive,
pursuant to the Americans with Disabilities Act of 1990.
In wrongfully terminating the Plaintiff, the Defendants caused
great (unwarranted) embarrassment, shame and humiliation to the
Plaintiff without reasonable or legal basis. To make matters worse,
MSG Defendant's unlawful conduct against the Plaintiff was
committed with the knowledge and support of the Defendants' legal
representatives and Inhouse Counsel Defendant Eileen Mcnamara, Esq.
who knowingly and willingly allowed MSG to run afoul of the
Plaintiff's legal rights, the suit claims.
Then, without legal or reasonable basis, the Plaintiff was
unlawfully excluded from the Madison Square Garden facility, and
all related NYC venues controlled by the Defendants, for all
purposes, even as a customer/patron, for no logical business based
reason, the Plaintiff alleges.
The Plaintiff also asserts claims under New York State Common law
for Tortious Interference with Contract, Breach of Contract and
Gross Negligence or Negligence.
Mr. Robinson is a 58-year old African American male. He was
employed by the Defendants as an "Usher." He has a criminal
conviction from over 22 years ago. He also suffers from the
disability, Attention Deficit Disorder and
Attention-deficit/hyperactivity disorder.
MSG produces, presents or hosts a variety of live entertainment and
sports events in its venues, including the famous Madison Square
Garden.[BN]
The Plaintiff is represented by:
Gregory Calliste, Jr.
Alexandria Jean Pierre
PHILLIPS & ASSOCIATES
45 Broadway, Suite 620
New York, NY 10006
Telephone: (212) 248-7431
Facsimile: (212) 901-2107
E-mail: gcalliste@tpglaws.com
ajean-pierre@tpglaws.com
MUBI INC: Collects Data Without Consent, Suit Alleges
-----------------------------------------------------
JOHN DOE, individually and on behalf of all others similarly
situated, Plaintiff v. MUBI, INC., Defendant, Case No.
5:23-cv-05509 (N.D. Cal., Oct. 25, 2023) alleges that the Defendant
installed "tracking pixels" on its website, then secretly and
surreptitiously send consumers' viewing histories to third-party
providers like Meta Platforms, Inc. ("Meta" or "Facebook") without
their consent, in violation of the Video Privacy Protection Act.
According to the Plaintiff in the complaint, the Defendant violated
the VPPA by knowingly disclosing personally identifiable
information, including the specific videos and video services
Plaintiff and Class Members requested and obtained, to unrelated
third parties without their consent.
The Defendant installed computer code on its website, called the
"Meta Tracking Pixel," which tracks and records the Plaintiff and
Class Members' private video consumption. Behind the scenes of many
key the Defendant's webpages, and unbeknownst to video viewers,
this code collects the Plaintiff and Class Members' video
consumption history and discloses it to Meta without their consent.
Meta, in turn, uses the Plaintiff and Class Members' video
consumption habits to build profiles on consumers and deliver
targeted advertisements to them, among other activities, says the
suit.
MUBI INC. is a curated online cinema and community that offers a
subscription-based video on demand service. [BN]
The Plaintiff is represented by:
Stefan Bogdanovich, Esq.
Neal J. Deckant, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
sbogdanovich@bursor.com
NAPA LW HOSPITALITY: Hartman Suit Removed to N.D. California
------------------------------------------------------------
The case captioned as Marissa Hartman, individually and on behalf
of others similarly situated v. NAPA LW HOSPITALITY CORPORATION, a
Kansas corporation; LODGEWORKS PARTNERS, L.P., a Kansas limited
partnership; and LODGEWORKS PAYROLL, LLC, a Kansas limited
liability company; and DOES 1 through 25, inclusive, Case No.
23CV001166 was removed from the Superior Court of the State of
California in and for the County of Napa, to the United States
District Court for the Northern District of California on Oct. 23,
2023, and assigned Case No. 3:23-cv-05422-SK.
On September 13, 2023, Plaintiff Marissa Hartman ("Plaintiff")
filed a civil class action complaint (the "Complaint") against
Defendant which alleges a putative class of "all current and former
hourly-paid and/or non-exempt employees who worked for Defendants
in the State of California at any time during the period from four
years prior to the date of the filing of this Complaint until final
judgment" and sets forth the following nine causes of action:
Failure to Pay Minimum Wages; Failure to Pay Overtime Wages;
Failure to Provide Meal Period Premiums; Failure to Provide Rest
Period Premiums; Failure to Pay Wages Timely During Employment;
Failure to Provide Accurate Wage Statements; Failure to Pay Final
Wages Timely; Failure to Reimburse Necessary Business Expenses; and
Unfair Competition.[BN]
The Defendants are represented by:
Andrew J. Kozlow, Esq.
Gonzalo Morales, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Phone: (415) 394-9400
Facsimile: (415) 394-9401
Email: Andrew.Kozlow@jacksonlewis.com
Gonzalo.Morales@jacksonlewis.com
NATASHA DURHAM DESIGN: Tarr Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Natasha Durham
Design, Inc. The case is styled as Ellen Elizabeth Tarr, on behalf
of herself and all others similarly situated v. Natasha Durham
Design, Inc., Case No. 1:23-cv-09321-VSB (S.D.N.Y., Oct. 23,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Natasha Durham offers handbags for rugged adventures and luxe
living.[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
NEXA MORTGAGE: Maison Files TCPA Suit in D. Arizona
---------------------------------------------------
A class action lawsuit has been filed against NEXA Mortgage LLC.
The case is styled as Tom Maison, on behalf of himself and all
others similarly situated v. NEXA Mortgage LLC, Case No.
2:23-cv-02190-SRB (D. Ariz., Oct. 23, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
NEXA Mortgage LLC -- https://nexamortgage.com/ -- are a
full-service mortgage company headquartered in Chandler,
Arizona.[BN]
The Plaintiff is represented by:
Robert Goodman, Esq.
PARRISH & GOODMAN PLLC
13031 McGregor Blvd., Ste. 8
Ft Myers, FL 33919
Phone: (734) 216-1611
Email: rgoodman@parrishgoodman.com
- and -
Shayna Frieden, Esq.
William Fleming King, Esq.
GALLAGHER & KENNEDY PA
2575 E Camelback Rd., Ste. 810
Phoenix, AZ 85016-9225
Phone: (408) 813-0342
Email: shayna.frieden@gknet.com
bill.king@gknet.com
NORDSTROM INC: Lopez Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Andres J. Lopez, on behalf of himself and all
others similarly situation employees v. NORDSTROM, INC.; ADVANTAGE
WORKFORCE SERVICES, LLC; and DOES 1-100, inclusive, Case No.
CIVSB2307112 was removed from the Superior Court for the State of
California in the County of San Bernardino, to the United States
District Court for the Central District of California on Oct. 23,
2023, and assigned Case No. 5:23-cv-02183-AB-KK.
The Complaint asserted the following causes of action on behalf of
Plaintiff and the putative class against all defendants, including
Advantage Workforce Services, LLC ("AWS") and Nordstrom, Inc.
("Nordstrom"): Failure to Pay Wages for All Hours Worked at Minimum
Wage in Violation of Labor Code §§ 1194 and 1997; Failure to Pay
Wages for All Hours Worked at Overtime in Violation of Labor Code;
Failure to Authorize or Permit Meal Periods in Violation of Labor
Code; Failure to Authorize or Permit Rest Periods in Violation of
Labor Code; (5) Failure to Indemnify Employees for
Employment-Related Losses/Expenditures in Violation of Labor Code;
Failure to Timely Pay All Earned Wages and Final Paychecks Due at
Time of Separation of Employment in Violation of Labor Code; Unfair
Business Practices In Violation of Business and Professions
Code.[BN]
The Defendants are represented by:
Elizabeth Staggs Wilson, Esq.
James Payer, Esq.
LITTLER MENDELSON, P.C.
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Phone: 213.443.4300
Fax: 800.715.1330
Email: estaggs-wilson@littler.com
jpayer@littler.com
- and -
Rachael Lavi, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Phone: 310.553.0308
Fax: 800.715.1330
Email: rlavi@littler.com
NUANCE COMMUNICATIONS: Fails to Prevent Data Breach, Suit Says
--------------------------------------------------------------
PATRICIA CALLAHAN, individually and on behalf of all others
similarly situated, Plaintiff v. NUANCE COMMUNICATIONS, INC.,
Defendant, Case No. 1:23-cv-12478-AK (D. Mass., Oct. 23, 2023) is
an action alleges the Defendant's failure to properly secure and
safeguard Plaintiff's and Class Members' protected health
information stored within the Defendant's information network.
The Plaintiff alleges in the complaint that the Defendant
disregarded the rights of Plaintiff and Class Members by
intentionally, willfully, recklessly, or negligently failing to
take and implement adequate and reasonable measures to ensure that
Plaintiff's and Class Members' PHI was safeguarded, failing to take
available steps to prevent unauthorized disclosure of data, and
failing to follow applicable, required and appropriate protocols,
policies and procedures regarding the encryption of data, even for
internal use.
As a result, the PHI of the Plaintiff and Class Members was
compromised through disclosure to an unknown and unauthorized third
party -- an undoubtedly nefarious third party that seeks to profit
off this disclosure by defrauding Plaintiff and Class Members in
the future, says the suit.
Nuance Communications, Inc. provides conversational artificial
intelligence solutions. The Company offers solutions that
understand, analyze, and respond to amplifying human intelligence
to increase productivity and security. Nuance works with
organizations globally across healthcare, financial services,
telecommunications, government, and retail. [BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
Email: anthony@paronichlaw.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
Email: klaukaitis@laukaitislaw.com
OKTA INC: Class Cert Hearing Set for March 29, 2024
---------------------------------------------------
In the class action lawsuit re Okta, Inc. Securities Litigation,
Case No. 3:22-cv-02990-SI (N.D. Cal.), the Hon. Judge Susan Illston
entered an order regarding the withdrawal of plaintiff's class
certification motion and setting deadlines for briefing on the
renewed motion for class certification:
-- The Plaintiff's Renewed Class Nov. 1, 2023
Certification Motion is due:
-- Defendants' Opposition is due: Jan. 17, 2024
-- Plaintiff's Reply is due: March 4, 2024
-- Motion Hearing on Class March 29, 2024
Certification shall be held on:
Okta is an American identity and access management company.
A copy of the Court's order dated Oct. 26, 2023 is available from
PacerMonitor.com at https://bit.ly/476ybMr at no extra charge.[CC]
The Plaintiff is represented by:
Michael P. Canty, Esq.
James T. Christie, Esq.
Nicholas Manningham, Esq.
LABATON SUCHAROW LLP
E-mail: mcanty@labaton.com
jchristie@labaton.com
nmanningham@labaton.com
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
- and -
James M. Wagstaffe, Esq.
Frank Busch, Esq.
WAGSTAFFE, VON LOEWENFELDT,
BUSCH & RADWICK, LLP
100 Pine Street, Suite 2250
San Francisco, California 94111
Telephone: 415.357.8900
E-mail: wagstaffe@wvbrlaw.com
busch@wvbrlaw.com
- and -
Brian M. Lutz, Esq.
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: 415.393.8200
E-mail: blutz@gibsondunn.com
- and -
Jason J. Mendro, Esq.
Jeffrey D. Lombard, Esq.
Wesley Sze, Esq.
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Telephone: (202) 955-8500
310 University Avenue
Palo Alto, CA 94301
Telephone: (650) 849-5300
E-mail: jmendro@gibsondunn.com
jlombard@gibsondunn.com
wsze@gibsondunn.com
OMRON HEALTHCARE: Estrella Sues Over Blood Pressure Monitor Fraud
-----------------------------------------------------------------
JEANETTE ESTRELLA; HAROLD PEERY; STEPHEN SCHNEIDER; and DENEEN
POND, individually and on behalf of all others similarly situated,
Plaintiffs v. OMRON HEALTHCARE, INC., Defendant, Case No.
1:23-cv-15302 (N.D. Il., Oct. 25, 2023) is an action alleging fraud
perpetrated by the Defendants in relation to the OMRON Platinum
Upper Arm Blood Pressure Monitor model BP5450 for personal use and
not for resale.
According to the Plaintiff in the complaint, the Product is
marketed by the Defendant as an in-home medical device capable of
providing consistently accurate and reliable blood pressure
readings for all users, while in truth, it is incapable. The blood
pressure readings generated by the Product are wildly inaccurate
for many thousands of users.
The Defendant's misleading representations and omissions about the
Product concern its central functionality, as the Product is
effectively rendered useless and unreliable. Defendant's misleading
representations and omissions also pose an unreasonable safety
hazard as users may incorrectly believe their blood pressure is far
higher or lower than it actually is, and rely on these readings in
making future decisions about their healthcare and treatment, says
the suit.
As a result of Defendant's misconduct and omissions, Plaintiffs and
putative Class members have suffered injury in fact, the suit
alleges.
OMRON HEALTHCARE, INC. manufactures and distributes personal
wellness products. The Company offers blood pressure monitors,
fitness products, pedometers, heart rate monitors, pain management
equipment, and other accessories. [BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
Alexander E. Wolf, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
Email: gklinger@milberg.com
awolf@milberg.com
ONEPLUS USA: Settles Wade Class Action Suit for $1.1M
-----------------------------------------------------
Top Class Actions reports that OnePlus reached a nationwide $1.1
million class action settlement over accusations that it secretly
throttles access to the smartphone's full processing power.
The class is made up of anyone who purchased a OnePlus 9 or OnePlus
9 Pro smartphone in the United States between March 23, 2021, and
Jan. 23, 2022.
OnePlus is accused of violating the Computer Fraud and Abuse Act
with its secret setting and intentionally diminishing device
performance.
OnePlus is a smartphone company headquartered in China, with a
reported 2,700 employees. The company builds Android phones that
are affordably priced with top-of-the-line specs.
Class members who purchased a OnePlus 9 or OnePlus 9 Pro smartphone
from March 23, 2021, through July 6, 2021, and submit a valid claim
form will receive a payment of $15.50 and a $20.50 voucher toward
the purchase of any OnePlus cellphone sold on oneplus.com.
Class members who purchased a smartphone from July 7, 2021, through
Jan. 23, 2022, and submit a valid claim will receive $12 and a $15
voucher for the purchase of any OnePlus cellphone on oneplus.com.
The exclusion and objection deadline is Nov. 8, 2023.
A final fairness hearing in the settlement will take place Jan. 4,
2024.
The claim form deadline is Nov. 8, 2023.
Who's Eligible
Anyone who purchased a OnePlus 9 or OnePlus 9 Pro smartphone in the
United States between March 23, 2021, and Jan. 23, 2022.
Potential Award
Up to $15.50 and a $20.50 OnePlus voucher
Proof of Purchase
A copy of a dated purchase receipt or other document reflecting the
purchase, or an International Mobile Equipment Identity (IMEI)
number
Claim Form
CLICK HERE TO FILE A CLAIM »
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
11/08/2023
Case Name
Wade, et al. v. OnePlus USA Corp., Case No. 5:21-cv-05811-BLF, in
the Circuit Court for the 18th Judicial District in DuPage County,
Illinois
Final Hearing
01/04/2024
Settlement Website
OnePlus9SmartphoneSettlement.com
Claims Administrator
Wade v. OnePlus Settlement Administrator
PO Box 301134
Los Angeles, CA 90030-1134
info@oneplus9smartphonesettlement.com
866-573-3948
Class Counsel
Gary M Klinger
Russell Busch
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
Defense Counsel
Molly Moriarty Lane
MORGAN LEWIS AND BOCKIUS LLP [GN]
ORTHOALASKA LLC: Grenn Files Suit in D. Alaska
----------------------------------------------
A class action lawsuit has been filed against OrthoAlaska, LLC. The
case is styled as Skyler Grenn, on behalf of himself and all others
similarly situated v. OrthoAlaska, LLC, Case No. 3:23-cv-00243-SLG
(D. Alaska, Oct. 23, 2023).
The nature of suit is stated as Other Statutory Actions for the
Federal Trade Commission Act.
OrthoAlaska -- https://www.orthoak.net/ -- is an integrated group
of orthopedic and rheumatology providers in Alaska, created to
address the rising costs of healthcare in Alaska.[BN]
The Plaintiff is represented by:
Joshua Bryan Cooley, Esq.
EHRHARDT, ELSNER, AND COOLEY
215 Fidalgo Ave., Suite 201
Kenai, AK 99611
Phone: (907) 283-2876
Fax: (907) 283-2896
Email: Josh@907legal.com
PENSION BENEFIT: Cheng Suit Transferred to D. Massachusetts
-----------------------------------------------------------
The case captioned as Terry Cheng, Carlos D. Aguilera, individually
and on behalf of all others similarly situated v. Pension Benefit
Information, LLC doing business as: PBI Research Services, Case No.
2:23-cv-05481 was transferred from the U.S. District Court for the
Central District of California, to the U.S. District Court for the
District of Massachusetts on Oct. 23, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12481-ADB to the
proceeding.
The nature of suit is stated as Other Contract.
Pension Benefit Information -- https://www.pbinfo.com/ -- provides
pension management service.[BN]
The Plaintiffs are represented by:
Michael Anthony Jenkins, Esq.
Craig S. Momita, Esq.
Mike M Arias, Esq.
ARIAS SANGUINETTI WANG AND TORRIJOS LLP
6701 Center Drive West Suite 1400
Los Angeles, CA 90045
Phone: (310) 844-9696
Email: anthony@aswtlawyers.com
craig@aswtlawyers.com
mike@aswtlawyers.com
- and -
Patrick N. Keegan
KEEGAN & BAKER, LLP
2292 Faraday Avenue, Suite 100
Carlsbad, CA 92008
Phone: (760) 929-9303
Fax: (760) 929-9260
Email: pkeegan@keeganbaker.com
The Defendant is represented by:
James Francis Monagle, Esq.
MULLEN COUGHLIN LLC
309 Fellowship Rd., Suite 200
Mt. Laurel, NJ 08054
Phone: (267) 930-1529
Email: jmonagle@mullen.law
PENSION BENEFIT: Hurtado Suit Transferred to D. Massachusetts
-------------------------------------------------------------
The case captioned as Robbie Hurtado, individually, and on behalf
of all others similarly situated v. PENSION BENEFIT INFORMATION,
LLC dba PBI RESEARCH SERVICES, BERWYNGROUP, INC. and PROGRESS
SOFTWARE CORPORATION, Case No. 3:23-cv-03377 was transferred from
the U.S. District Court for the Northern District of California, to
the U.S. District Court for the District of Massachusetts on Oct.
23, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12473-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Tort/Non-Motor
Vehicle.
Pension Benefits Information (PBI) -- https://www.pbinfo.com/ -- is
a third-party vendor utilized by thousands of entities to verify
information to prevent overpayments to retirees.[BN]
The Plaintiff is represented by:
Scott Edward Cole, Esq.
Laura Grace Van Note, Esq.
Cody Alexander Bolce, Esq.
COLE & VAN NOTE
555 12th Street, Suite 2100
Oakland, CA 94607
Phone: (510) 891-9800
Facsimile: (510) 891-7030
Email: sec@colevannote.com
lvn@colevannote.com
cab@colevannote.com
Web: www.colevannote.com
The Defendant is represented by:
James Francis Monagle, Esq.
MULLEN COUGHLIN LLC
309 Fellowship Rd., Suite 200
Mt. Laurel, NJ 08054
Phone: (267) 930-1529
Email: jmonagle@mullen.law
- and -
Jordan S. O'Donnell, Esq.
MULLEN COUGHLIN, LLC
426 W. Lancaster Avenue, Suite 200
Devon, PA 19333
Phone: (267) 930-4106
Email: jsodonnell@mullen.law
PENSION BENEFIT: Suit Transferred to D. Massachusetts
-----------------------------------------------------
The case captioned as John Doe, individually and on behalf of all
others similarly situated v. Pension Benefit Information, LLC doing
business as: PBI Research Services, Case No. 3:23-cv-01610 was
transferred from the U.S. District Court for the Southern District
of California, to the U.S. District Court for the District of
Massachusetts on Oct. 23, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12481-ADB to the
proceeding.
The nature of suit is stated as Other Contract.
Pension Benefit Information -- https://www.pbinfo.com/ -- provides
pension management service.[BN]
The Plaintiff is represented by:
Isam C. Khoury, Esq.
Rosemary Khoury, Esq.
Timothy D. Cohelan, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101
Phone: (619) 595-3001
Fax: (619) 595-3000
Email: ikhoury@ckslaw.com
rkhoury@ckslaw.com
tcohelan@ck-lawfirm.com
- and -
Patrick N. Keegan
KEEGAN & BAKER, LLP
2292 Faraday Avenue, Suite 100
Carlsbad, CA 92008
Phone: (760) 929-9303
Fax: (760) 929-9260
Email: pkeegan@keeganbaker.com
The Defendant is represented by:
James Francis Monagle, Esq.
MULLEN COUGHLIN LLC
309 Fellowship Rd., Suite 200
Mt. Laurel, NJ 08054
Phone: (267) 930-1529
Email: jmonagle@mullen.law
PENSION BENEFIT: Taylor Suit Transferred to D. Massachusetts
------------------------------------------------------------
The case captioned as Valerie Taylor, Timothy Sides, individually
and on behalf of all others similarly situated v. Pension Benefit
Information, LLC doing business as: PBI Research Services, Case No.
5:23-cv-01617 was transferred from the U.S. District Court for the
Central District of California, to the U.S. District Court for the
District of Massachusetts on Oct. 23, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12477-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property.
Pension Benefit Information -- https://www.pbinfo.com/ -- provides
pension management service.[BN]
The Plaintiffs are represented by:
Tarek H. Zohdy, Esq.
Cody R Padgett, Esq.
Laura Ellen Goolsby, Esq.
CAPSTONE LAW, APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Phone: (310) 556-4811
Email: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
- and -
Patrick N. Keegan
KEEGAN & BAKER, LLP
2292 Faraday Avenue, Suite 100
Carlsbad, CA 92008
Phone: (760) 929-9303
Fax: (760) 929-9260
Email: pkeegan@keeganbaker.com
The Defendant is represented by:
James Francis Monagle, Esq.
MULLEN COUGHLIN LLC
309 Fellowship Rd., Suite 200
Mt. Laurel, NJ 08054
Phone: (267) 930-1529
Email: jmonagle@mullen.law
PETERSEN HEALTH: Court Directs Filing of Discovery Plan in French
-----------------------------------------------------------------
In the class action lawsuit captioned as French v. Petersen Health
Operations, LLC, Case No. 1:23-cv-01316-JBM-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.
Petersen provides healthcare facilities. The Company specializes in
skilled nursing, memory care, dementia and behavioral,
rehabilitation, assisted, supportive, and independent living
services.
A copy of the Court's order dated Oct. 26, 2023 is available from
PacerMonitor.com at https://bit.ly/45PRJno at no extra charge.[CC]
PHILADELPHIA FEDERAL: Faces Class Suit Over Improper Vehicle Notice
-------------------------------------------------------------------
Kelsey McCroskey of ClassAction.org reports that a proposed class
action claims auto lender Philadelphia Federal Credit Union (PFCU)
has failed to properly notify borrowers of their vehicle's
repossession by inflating the amount needed to reclaim the property
and misrepresenting consumers' redemption rights under state law.
The 11-page lawsuit says that when a borrower allegedly defaults on
a vehicle loan, the credit union -- which offers vehicle financing
services to Pennsylvania consumers --repossesses and resells the
automobile. However, in violation of the state's Uniform Commercial
Code, PFCU provides inadequate notice of repossession to borrowers
by charging unwarranted added fees to reclaim their vehicles and
misleading consumers about the amount of time they have to redeem
the property, the suit alleges.
One plaintiff, a Philadelphia resident, financed the purchase of a
used 2021 Nissan Versa through PFCU in June of this year, the case
relays. As the complaint tells it, in September, the defendant
declared a default on the consumer's loan and repossessed the
vehicle.
According to the filing, state law stipulates that a
post-repossession notice must inform the borrower of the vehicle's
repossession, how the car will be sold and how long the debtor has
to redeem the property, among other things.
In the repossession notice the plaintiff received in September
2023, PFCU stated that he had 15 days from the date of the notice
to redeem the vehicle, the lawsuit shares. However, the suit claims
that the notice was misleading, as state law allows a borrower to
redeem a repossessed vehicle at any time until it is sold.
In addition, the notice sent to the plaintiff advised him that to
reclaim the car, he must pay a $425 repossession fee, $20 per day
for storage costs, daily interest charges, a $75 "redemption fee"
and "additional fees" of $75, the case describes.
Per the complaint, the two $75 fees unjustifiably inflated the
amount needed to redeem the property, as the charges are not
derived from any actual cost incurred by the defendant and have "no
basis in law or contract."
The filing alleges that PFCU's practices are "commercially
unreasonable," and it is believed that the credit union has sent
similarly improper repossession notices to consumers across the
state.
The lawsuit looks to represent anyone in Pennsylvania who entered
into a finance agreement with PFCU that pledged a purchased motor
vehicle as collateral and had the vehicle repossessed by PFCU
pursuant to the finance agreement within the last six years. [GN]
PROGRESS SOFTWARE: Landi Suit Transferred to D. Massachusetts
-------------------------------------------------------------
The case captioned as Steve Landi, Richard E. Hurley, and Nila
Hurley, on behalf of themselves and all others similarly situated
v. PROGRESS SOFTWARE CORPORATION and PENSION BENEFIT INFORMATION,
LLC d/b/a PBI RESEARCH SERVICES, Case No. 3:23-cv-03839 was
transferred from the U.S. District Court for the District of
Minnesota, to the U.S. District Court for the District of
Massachusetts on Oct. 23, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12472-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property for Tort
Negligence.
Progress Software Corporation -- https://www.progress.com/ -- is an
American public company that offers software for creating and
deploying business applications.[BN]
The Plaintiff is represented by:
Niall P McCarthy, Esq.
Andrew F Kirtley, Esq.
Owais M Bari, Esq.
Gia Jung, Esq.
COTCHETT, PITRE & McCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Phone: (650) 697-6000
Fax: (650) 697-0577
Email: nmccarthy@cpmlegal.com
akirtley@cpmlegal.com
obari@cpmlegal.com
gjung@cpmlegal.com
- and -
Edward J Wynne, Esq.
George R Nemiroff, Esq.
WYNNE LAW FIRM
80 E. Sir Francis Drake Blvd., Suite 3G
Larkspur, CA 94939
Phone: (415) 461-6400
Fax: (415) 461-3900
Email: Ewynne@wynnelawfirm.com
Gnemiroff@wynnelawfirm.com
- and -
Matthew Righetti, Esq.
RIGHETTI GLUGOSKI, P.C.
The Presidio of San Francisco
220 Halleck Street, Suite 220
San Francisco, CA 94129
Phone: (415) 983-0900
Email: matt@righettilaw.com
PROGRESS SOFTWARE: Smiley Suit Transferred to D. Massachusetts
--------------------------------------------------------------
The case captioned as James Smiley, individually and on behalf of
all others similarly situated v. PROGRESS SOFTWARE CORPORATION,
PENSION BENEFIT INFORMATION, LLC d/b/a PBI RESEARCH SERVICES,
MILLIMAN, INC. d/b/a MILLIMAN INTELLISCRIPT; MILLIMAN SOLUTIONS
LLC; THE INDEPENDENT ORDER OF FORESTERS d/b/a FORESTERS FINANCIAL;
and FORESTERS FINANCIAL HOLDING COMPANY, INC., Case No.
2:23-cv-01354 was transferred from the U.S. District Court for the
Western District of Washington, to the U.S. District Court for the
District of Massachusetts on Oct. 23, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12483-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property for Breach
of Contract.
Progress Software Corporation -- https://www.progress.com/ -- is an
American public company that offers software for creating and
deploying business applications.[BN]
The Plaintiff is represented by:
Steve W. Berman, Esq.
Sean R. Matt, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Phone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
sean@hbsslaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Phone: (513) 345-8291
Facsimile: (513) 345-8294
Email: jgoldenberg@gs-legal.com
- and -
Charles Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Facsimile: (215) 592-4663
Email: cschaffer@lfsblaw.com
nelia@lfsblaw.com
- and -
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Phone: (513) 381-2333
Facsimile: (513) 766-9011
Email: jlyon@thelyonfirm.com
The Defendants are represented by:
Nicholas C. Larson, Esq.
MURPHY, PEARSON, BRADLEY & FEENEY
1455 NW Leary Way, Suite 400
Seattle, WA 98107
Phone: (206) 489-5113
Email: nlarson@mpbf.com
- and -
Craig J. Mariam, Esq.
Michael J. Dailey, Esq.
GORDON & REES LLP
633 W. Fifth Street, 52nd Floor
Los Angeles, CA 90071
Phone: (213) 576-5000
Fax: (877) 306-0043
Email: cmariam@grsm.com
mdailey@grsm.com
- and -
Lara Garner, Esq.
GORDON REES SCULLY MANSUKHANI LLP (SEATTLE)
701 Fifth Ave., Ste. 2100
Seattle, WA 98104
Phone: (619) 230-7733
Email: lsgarner@grsm.com
PROGRESSIVE DIRECT: Parties Seek to Maintain Class Cert Under Seal
------------------------------------------------------------------
In the class action lawsuit captioned as SHONACIE GRADY,
individually and on behalf of all others similarly situated, v.
PROGRESSIVE DIRECT INSURANCE COMPANY, an Ohio corporation, Case No.
0:22-cv-00866-NEB-DLM (D. Minn.), the Parties file an amended joint
motion to maintain under seal the Plaintiff's motion for class
certification.
The Parties request that Exhibits 1, 2, 4, 5, 7, 8, and 10 to the
Plaintiff's motion for class certification, as well as the narrowly
tailored redactions to the Plaintiff's brief revealing the
information in these exhibits, be maintained under seal, consistent
with the Local Rule 5.6 Grid for Cases with Magistrate Judge Tony
N. Leung, attached as Exhibit 1.
Finally, Third-Party Respondents worked cooperatively with
Plaintiff and Defendant to narrowly tailor their proposed
redactions to limit public access to only those portions of the
Plaintiff's Motion for Class Certification and exhibits thereto
that contain commercially sensitive and proprietary trade secret
business information that would cause competitive harm to Mitchell
and J.D. Power if disclosed to Progressive or Mitchell's
competitors.
Pursuant to Local Rule 5.6 of the U.S. District Court for the
District of Minnesota, and the Confidentiality Order entered in
this matter, Plaintiff, Defendant, and non-parties Mitchell
International, Inc. (“Mitchell”) and J.D. Power jointly move
for an Order permitting Plaintiff to maintain under seal parts of
Plaintiff’s Motion for Class
Certification and supporting exhibits designated as confidential by
Defendant and nonparties, Mitchell and J.D. Power.
Progressive operates as an insurance company. The Company
underwrites auto, fire, marine, and casualty insurance.
A copy of the Parties' motion dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3QhPVxy at no extra charge.[CC]
The Plaintiff is represented by:
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
3331 Sunset Avenue
Ocean, NJ 07712
Telephone: (305) 610-5223
E-mail: rachel@dapeer.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Christopher Gold, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Avenue, Suite 417
Aventura, FL 33180
Telephone: (786) 289-9471
Facsimile: (786) 623-0915
E-mail: scott@edelsberglaw.com
chris@edelsberglaw.com
- and -
Jacob L. Phillips, Esq.
NORMAND PLLC
3165 McCrory Place, Suite 175
Orlando, FL 32803
Telephone: (407) 603-6031
E-mail: Jacob.phillips@normandpllc.com
- and -
Joseph Henry (Hank) Bates, III, Esq.
Edwin Lee Lowther, III, Esq.
CARNEY BATES & PULLIAM, PLLC
519 W. 7th Street
Little Rock, AR 72201
Telephone: (501) 312-8500
E-mail: hbates@cbplaw.com
llowther@cbplaw.com
The Defendant is represented by:
Theresa Bevilacqua, Esq.
DORSEY & WHITNEY LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Telephone: (612) 340-2600
Facsimile: (612) 340-2868
E-mail: bevilacqua.theresa@dorsey.com
- and -
Jeffrey S. Cashdan, Esq.
Zachary A. McEntyre, Esq.
J. Matthew Brigman, Esq.
Allison Hill White, Esq.
Julia C. Barrett, Esq.
KING & SPALDING LLP
1180 Peachtree Street, N.E., Suite 1600
Atlanta, GA 30309
Telephone: (404) 572-4600
Facsimile: (404) 572-5100
E-mail: jcashdan@kslaw.com
zmcentyre@kslaw.com
mbrigman@kslaw.com
awhite@kslaw.com
jbarrett@kslaw.com
Counsel for Non-Parties J.D. Power and Mitchell International, Inc.
are:
Scott T. Schutte, Esq.
Staci M. Holthus, Esq.
MORGAN, LEWIS & BOCKIUS LLP
110 North Wacker Drive, Suite 2800
Chicago, IL 60606
E-mail: Scott.schutte@morganlewis.com
Staci.holthus@morganlewis.com
PROGRESSIVE SELECT: Sibert "Insurance" Suit Seeks Class Status
--------------------------------------------------------------
In the class action lawsuit captioned as KIARA SIBERT, individually
and on behalf of all others similarly situated, v. PROGRESSIVE
SELECT INSURANCE COMPANY, Case No. 1:22-cv-01179-LKG (D. Md.), the
Plaintiff asks the Court to enter an order:
1. granting class certification pursuant to Federal Rule of
Civil
Procedure 23(a) and (b)(3) and certify the following Class:
"All persons who made a first-party claim on a policy of
insurance issued by Progressive Select Insurance Company to a
Maryland resident where the claim was submitted from May 17,
2019, through the date an order granting class certification
is
entered, and Progressive determined that the vehicle was a
total
loss and based its claim payment on an Instant Report from
Mitchell where a Projected Sold Adjustment was applied to at
least one comparable vehicle;"
2. appointing her as class representative for the Class; and
3. appointing her counsel as Class Counsel.
Progressive Select offers auto, trailers, motorcycles, boats,
renters, condos, flood, life, and health insurance services.
A copy of the Plaintiff's motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/45TzCwD at no extra
charge.[CC]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Leanna Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: lloginov@shamisgentile.com
ashamis@shamisgentile.com
- and -
Jacob L. Phillips, Esq.
NORMAND PLLC
3165 McCrory Pl., Ste. 175
Orlando, FL 32803
Telephone: (407) 603-6031
Facsimile: (888) 974-2175
E-mail: jacob.phillips@normandpllc.com
ean@normandpllc.com
- and -
Cary Joshi, Esq.
James L. Kauffman, Esq.
BAILEY & GLASSER LLP
1055 Thomas Jefferson Street NW, Suite 540
Washington, DC 20007
Telephone: (202) 463-2101
Facsimile: (202) 463-2103
E-mail: cjoshi@baileyglasser.com
jkauffman@baileyglasser.com
- and -
Hank Bates, Esq.
Lee Lowther, Esq.
CARNEY BATES & PULLIAM, PLLC
519 W. 7th Street
Little Rock, AR 72201
Telephone: (501) 312-8500
Facsimile: (501) 312-8505
E-mail: hbates@cbplaw.com
llowther@cbplaw.com
- and -
Scott Edelsberg, Esq.
Christopher Gold, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 289-9471
Facsimile: (786) 623-0915
E-mail: chris@edelsberglaw.com
scott@edelsberglaw.com
QUAILS NEST: Fails to Pay Overtime Work, Alvarez Alleges
--------------------------------------------------------
JULIA MARROQUIN ALVAREZ, individually and on behalf of all others
similarly situated, Plaintiff v. QUAILS NEST LLC; and BAGEL BOSS
HOLDING CORP. d/b/a BAGEL BOSS HEWLETT; RANDY ROSNER; ADAM ROSNER,
as individuals, Defendants, Case No. 2:23-cv-07941 (E.D.N.Y., Oct.
25, 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 Alvarez was employed by the Defendants as a cook.
QUAILS NEST LLC operates as a restaurant in New York. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
RECKITT BENCKISER: Sygal Sues Over Nasal Decongestants' False Ads
-----------------------------------------------------------------
RANDALL SYGAL, an individual; REGINA BROOKSHIER, an individual;
ERZEN KRICA, an individual, ALLISON SAMMARCO, an individual and
HOLLIE VERDI, an individual, and on behalf of all others similarly
situated, Plaintiffs v. RECKITT BENCKISER LLC, Defendant, Case No.
2:23-cv-21090 (D.N.J., Oct. 11, 2023) is a consumer protection
class action arising from Defendant's false and misleading
advertising of its oral phenylephrine products in violation of the
New York False Advertising Act, the New York Consumer Protection
from Deceptive Acts and Practices Act, the California Consumers
Legal Remedies Act, the California Unfair Competition Law, and the
New Jersey Consumer Fraud Act.
According to the complaint, the Defendant conveys a health message
through extensive and uniform nationwide marketing campaigns and
product labeling through which Defendant represents that oral PE
products provide "Severe Congestion" relief and assist with nasal
decongestion. The Defendant's oral PE products, however, are
incapable of supporting or providing nasal congestion health
benefits because the ingredient in each of Defendant's oral PE
products at issue cannot support or benefit nasal decongestion.
Numerous well designed and well conducted scientific studies have
been conducted on the effects and efficacy of oral PE products.
These studies have demonstrated that oral PE products are
ineffective in providing relief of nasal congestion because PE is
too rapidly metabolized by individuals, which does not allow it to
reach the nostrils in time to provide relief, the suit contends.
The Plaintiffs bring this action individually and on behalf of all
other similarly situated consumers to obtain redress for those who
have purchased Defendant's oral PE products at issue.
Reckitt Benckiser LLC markets, sells, and distributes oral
phenylephrine products globally, including in New Jersey.[BN]
The Plaintiffs are represented by:
Katrina Carroll, Esq.
LYNCH CARPENTER LLP
111 W. Washington Street, Suite 1240
Chicago, IL 60602
Telephone: (312) 750-1265
E-mail: katrina@lcllp.com
- and -
Gary Lynch, Esq.
Kelly K. Iverson, Esq.
Patrick Donathen, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: gary@lcllp.com
kelly@lcllp.com
Patrick@lcllp.com
- and -
Todd D. Carpenter, Esq.
Scott G. Braden, Esq.
LYNCH CARPENTER LLP
1234 Camino del Mar
Del Mar, CA 92014
Telephone: (619) 762-1910
Facsimile: (724) 656-1556
E-mail: todd@lcllp.com
scott@lcllp.com
RED RESTAURANT: Henfield Sues Over Bussers, Runners' Unpaid Wages
-----------------------------------------------------------------
YERACHMIEL HENFIELD, on behalf of himself and all others similarly
situated, Plaintiff v. RED RESTAURANT OPERATIONS, INC., YLT RED
CLEVELAND, LLC, and ORANGE RED, LLC, Defendants, Case No.
1:23-cv-02005-DAP (N.D. Ohio, Oct. 13, 2023) is a collective action
brought by the Plaintiff as a result of Defendants' practices and
policies of not paying tipped, non-exempt employees, including
Plaintiff and other similarly situated employees, the applicable
minimum wage for all of the hours worked in violation of the Fair
Labor Standards Act and the Ohio Minimum Fair Wage Standards Act.
The Plaintiff was employed by the Defendants as a busser/runner
from approximately April 2023 through May 2023.
Red Restaurant Operations, Inc. owns and operates a chain of
restaurants under the trade name "Red the Steakhouse."[BN]
The Plaintiff is represented by:
Matthew S. Grimsley, Esq.
Anthony J. Lazzaro, Esq.
Lori M. Griffin, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Building, Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: matthew@lazzarolawfirm.com
anthony@lazzarolawfirm.com
lori@lazzarolawfirm.com
RENNON CONSTRUCTION: Faces Guallpa Suit Over Unpaid Wages
---------------------------------------------------------
RIGOBERTO GUALLPA, individually and on behalf of all others
similarly situated, Plaintiff v. RENNON CONSTRUCTION CORP., EASTERN
HEIGHTS BUILDERS INC. and BK CONSTRUCTION SVCS INC., AMANDEEP SINGH
and ASHWANI KUMAR, as individuals, Defendants, Case No.
1:23-cv-07666 (E.D.N.Y., Oct. 13, 2023) seeks to recover damages
for Defendants' egregious violations of the Fair Labor Standards
Act and the New York Labor Law arising from Plaintiff's employment
with the Defendants.
The Plaintiff was employed by the Defendants as a scaffolder and
bridge worker from April 2017 until February 2023. He alleges the
Defendants' failure to pay overtime wages, failure to provide wage
statements, and failure to furnish a written wage notice.
Rennon Construction Corp. is a construction company based with
principal place of business in Queens Village, New York.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
REPUBLIC SERVICES: Pietoso Seeks to File 3rd Amended Complaint
--------------------------------------------------------------
In the class action lawsuit captioned as PIETOSO, INC. D/B/A CAFE
NAPOLI, v. REPUBLIC SERVICES, INC., et al., Case No.
4:19-cv-00397-JAR (E.D. Mo.), the Plaintiff Seeks leave to File its
Third Amended Complaint.
The Plaintiff has alleged that Republic is responsible along with
its Subsidiaries for the unauthorized price increases discussed in
Plaintiff's complaint.
Republic has argued that it is not a party to the customer
contracts, and that it has nothing to do with the price increases
which are solely determined by its Subsidiaries. The Plaintiff has
obtained information from Defendants in discovery which establish
alternative causes of action for RICO and unjust enrichment.
Republic is a North American waste disposal company whose services
include non-hazardous solid waste collection, waste transfer, waste
disposal, recycling, and energy services.
A copy of the Plaintiff's motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/47eZzYv at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan A. Keane, Esq.
Tanner A. Kirksey, Esq.
KEANE LAW LLC
7711 Bonhomme Ave, Suite 600
St. Louis, MO 63105
Telephone: (314) 391-4700
Facsimile: (314) 244-3778
E-mail: ryan@keanelawllc.com
tanner@keanelawllc.com
- and -
Michael C. Seamands, Esq.
LAW OFFICES OF MICHAEL C. SEAMANDS, LLC
1401 S. Brentwood Blvd, Suite 825
St. Louis, MO 63144
Telephone: (314) 802-7730
Facsimile: (314) 260-9645
E-mail: mcs@mcs-legal.com
ROBERT MILLER: Faces Class Suit Over Sexual Exploitation
--------------------------------------------------------
Brigitte Noel of CBC News reports that four more women have joined
a class-action lawsuit alleging Montreal billionaire Robert Miller
regularly paid minors for sex, and one of the newest plaintiffs
says she was only 11 years old during her first sexual encounter
with him.
A total of 39 women have now joined the class-action lawsuit, which
has not yet been authorized.
Three other individual lawsuits have also been filed, all by women
who claim that Miller sexually exploited them when they were
minors. The businessman denies all the allegations against him.
Affidavits from the most recent alleged victims were filed on
October 23, 2023 by Consumer Law Group. The firm is leading the
class action on behalf of women who say they were recruited when
they were minors and given cash and gifts in exchange for sex with
Miller between 1992 and 2016.
According to her affidavit, the woman who said she was 11 when she
first met Miller was recruited in 1999 by two older girls who were
looking for virgins for "Bob."
"It was summer and I had just finished Grade 6," wrote the woman
who, like other plaintiffs in the case, was not named in the court
filings.
She said she went to Montreal's Queen Elizabeth Hotel with her best
friend, also 11, to meet Miller for the first time.
"When we got there, before entering the room, I got scared and
started crying," she wrote.
Raymond Poulet, who reportedly helped recruit the young women,
greeted her and brought the two young girls to Miller, who offered
them alcohol, the woman wrote.
"He asked me how old I was, and I told him I was 11," she wrote in
her affidavit. Miller than allegedly had unprotected sex with the
two girls and, afterwards, handed each of them an envelope
containing $5,000 in cash.
In February, when Radio-Canada's Enquête first revealed the
allegations against Miller, his lawyer said in a letter that his
client has never had sexual relations with a person below the age
of consent which, at the time of the alleged events, was 14.
It was bumped from 14 to 16 in 2008, under Stephen Harper's
Conservative government.
Consent is void however when sexual contact with a minor is paid
for and the act is considered illegal. In the context where the
victim is 11 years old, consent cannot be given and it is
considered sexual assault.
Robert Miller's lawyers did not respond to questions from Enquête
for this story at the time of publishing.
'I still have nightmares'
After her initial meeting at the Queen Elizabeth Hotel, she met
with Miller some 30 more times, at hotels and in his Westmount
homes, until she was 20, according to her affidavit.
She wrote that each meeting netted her numerous gifts and an
envelope containing $5,000. The billionaire also wanted to
compensate her by paying for trips, "but since I was very young, it
was rather complicated."
Convinced that Miller had her best interests at heart, she even
introduced him to her mother.
"I told her I'd met a gentleman who was going to help us," she
wrote. "The three of us ate together at his place, and he gave us
an envelope with $10,000 in it."
She said she found herself in a cycle that was hard to break,
constantly recruiting other girls for Miller. To this day, she
feels remorse for having introduced her own friends to "Bob" and
suffers significant psychological damage due to the events.
"I had a lot of self-esteem and aggression problems," she wrote in
her affidavit. "I still have nightmares and can't sleep well."
When she was 11, the older girls who had recruited her also
supplied her with cocaine that she would use before her meetings
with Miller, she wrote, and she developed an addiction.
The woman said she was approached by police in 2009.
She said investigators treated her like a perpetrator, rather than
a victim and she was too scared to confide in the authorities.
"They tried to contact me two or three times, but eventually Bob's
lawyer talked to them and they left me alone," she wrote. [GN]
RUFNEX OILFIELD: Fails to Pay Proper Overtime, Scuccimarri Says
---------------------------------------------------------------
Brian Scuccimarri, Plaintiff v. Rufnex Oilfield Services LLC,
Defendant, Case No. 5:23-cv-00908-SLP (W.D. Okla., Oct. 11, 2023)
is a class action brought by the Plaintiff, individually and on
behalf of all others similarly situated, under the Fair Labor
Standards Act and the Portal-to-Portal Act, seeking damages for
Rufnex'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.
The Plaintiff worked for the Defendant from December 1, 2022 until
May 2, 2023. He was employed as a rustabout in connection with the
Defendant's waste removal and clean-up, hydrovac safe digging
services, and water truck and water transport. His primary job
duties involved case rolling and cellar pump jobs.
Plaintiff Scuccimarri asserts that he routinely worked in excess of
40 hours per workweek for Defendant. His weekly work schedule
typically encompassed about 60 hours per workweek. However,
Defendant did not pay him time and one-half the regular rate of pay
for all hours worked over 40 during each and every workweek, the
Plaintiff says.
Rufnex Oilfield Services LLC is an oilfield and construction
services company with principal place of business in Oklahoma
City.[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) 489-0317
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
S-FER INTERNATIONAL: Fails to Pay Timely Wages, Walker Alleges
--------------------------------------------------------------
LAMAR WALKER, individually and on behalf of others similarly
situated v. S-FER INTERNATIONAL INC. d/b/a SALVATORE FERRAGAMO; and
any other related entities, Case No. 617294/2023 (N.Y. Sup., Oct.
24, 2023) seeks to recover damages for delinquent wage payments
made to workers who qualify as manual laborers and who were
employed by the Defendant between December 9, 2016 and June 12,
2023, pursuant to the New York Labor Law.
The Plaintiff contends that the Defendant has compensated all its
employees on a bi-weekly (every other week) basis, regardless of
whether said employees qualified as manual laborers under the NYLL.
The Defendant has at no time been authorized by the New York State
Department of Labor Commissioner to compensate its employees who
qualify as manual laborers on a bi-weekly basis, in contravention
of NYLL Article 6 section 191, which requires that without explicit
authorization from the Commissioner, such workers must be
compensated not less frequently than on a weekly basis, says the
Plaintiff.
Accordingly, the Plaintiff initiated this action seeking for
himself, and on behalf of all similarly situated employees,
compensation owed - plus interest, attorneys' fees, and costs
–owing to the Defendant's illegal pay practices.
The Plaintiff is an individual who currently resides in the State
of New York, and who was employed by Defendant in 2017.
S-Fer International Incorporated was founded in 1974. The Company's
line of business includes the retail sale of women's ready-to-wear
clothing.[BN]
The Plaintiff is represented by:
Brett R. Cohen, Esq.
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
SAP SE: Avallone Files Suit in Del. Chancery Ct.
------------------------------------------------
A class action lawsuit has been filed against SAP SE, et al. The
case is styled as Janet Avallone, Barry John Decocq, Neil Iscoe,
and Tabitha Vaughn, on behalf of themselves and similarly situated
v. SAP SE, SAP AMERICA, INC., CHRISTIAN KLEIN, LUKA MUCIC, ROBIN
MANHERZ, SCOTT RUSSELL, RITU BHARGAVA, SINDHU GANGADHARAN, and OMAR
JOHNSON, Case No. 2023-1067-JTL (Del. Chancery Ct., Oct. 23,
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-Wurttemberg.[BN]
The Plaintiff is represented by:
Peter B. Andrews, Esq.
Craig J. Springer, Esq.
David M. Sborz, Esq.
Andrew J. Peach, Esq.
Jackson E. Warren, Esq.
ANDREWS & SPRINGER LLC
4001 Kennett Pike, Suite 250
Wilmington, DE 19807
Phone: (302) 504-4957
SMARTER LOGISTICS: Misclassifies Logistics Coordinators, Lee Says
-----------------------------------------------------------------
WARDEN LEE III, on behalf of himself and all others similarly
situated, Plaintiff v. SMARTER LOGISTICS LLC, Defendant, Case No.
8:23-cv-02336 (M.D. Fla., Oct. 13, 2023) is an action against the
Defendant for violations of the Fair Labor Standards Act and the
Internal Revenue Code for failure to pay overtime wages and for
misclassification as an independent contractor, for violations of
the Florida Minimum Wage Act, and for unpaid wages.
The Plaintiff began working for Defendant as a senior logistics
coordinator on November 7, 2022, and he worked in this capacity
until June 20, 2023. He alleges the Defendant's failure to pay
proper overtime, failure to file proper information returns with
the Internal Revenue Service, failure to pay minimum wages, and
failure to pay all wages owed including unpaid commission.
Smarter Logistics LLC operates a logistics company and is
headquartered in Broward County, but also operating in Hillsborough
County, Florida.[BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
Hannah E. Debella, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: bhill@wfclaw.com
hdebella@wfclaw.com
SMITTY'S: Bid for Leave to File Class Cert Sur-Reply OK'd
---------------------------------------------------------
In the class action lawsuit re: Smitty's/Cam2 303 Tractor Hydraulic
Fluid Marketing, Sales Practices and Products Liability Litigation,
Case No. 4:20-md-02936 (W.D. Mo., Filed by June 2, 2020), the Hon.
Judge Stephen R. Bough entered an order granting motion for leave
to file a sur-reply in opposition to the Plaintiffs' motion for
class certification.
The Defendants shall file their sur-reply within three days from
the date of the Order.
The suit states torts -- personal property -- other fraud.[CC]
SMITTY'S: Seeks Leave to File Sur-Reply
---------------------------------------
In the class action lawsuit re: Smitty's/Cam2 303 Tractor Hydraulic
Fluid Marketing, Sales Practices and Products Liability Litigation,
Case No. 4:20-md-02936-SRB (W.D. Mo.), the Defendants ask the Court
to enter an order granting them leave to file sur-reply and
granting them any further relief the Court deems just and proper.
Smitty's is a manufacturer and distributor in the world of
lubricants and related products.
A copy of the Defendants' motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/47dAttm at no extra
charge.[CC]
The Defendants are represented by:
Nikki Cannezzaro, Esq.
CANNEZZARO MARVEL
4717 Grand Avenue, Suite 130
Kansas City, MO 64114
Telephone: (816) 641-5600
Facsimile: (816) 641-5601
E-mail: nikki@cmlawkc.com
- and -
Christopher M. Hohn, Esq.
Jeffrey A. Masson, Esq.
Sharon B. Rosenberg, Esq.
Kristen E. Sanocki, Esq.
THOMPSON COBURN LLP
One US Bank Plaza
505 N. 7th Street
St. Louis, MO 63101
Telephone: (314) 552-6000
Facsimile: (314) 552-7000
E-mail: chohn@thompsoncoburn.com
jmasson@thompsoncoburn.com
srosenberg@thompsoncoburn.com
ksanocki@thompsoncoburn.com
- and -
Robert J. Hoffman, Esq.
Stephen G. Strauss, Esq.
Timothy J. Hasken, Esq.
Peter W. Bay, Esq.
Randy J. Soriano, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
1200 Main Street, Suite 3800
Kansas City, MO 64105
Telephone: (816) 374-3200)
Facsimile: (816) 374-3300
E-mail: RJHoffman@bclplaw.com
SGStrauss@bclplaw.com
tim.hasken@bclplaw.com
peter.bay@bclplaw.com
rjsoriano@bclplaw.com
SOUTHWEST AIRLINES: Bevacqua Appeals Case Dismissal to 5th Cir.
---------------------------------------------------------------
Plaintiffs Aidan Bevacqua, et al., filed an appeal from the
District Court's Memorandum Opinion and Order and Judgment dated
September 8, 2023 entered in the lawsuit styled AIDAN BEVACQUA, AMY
MARCIN, DANIEL MARCIN, and KYLE WALTON, individually and on behalf
of others similarly situated, v. SOUTHWEST AIRLINES CO., a Texas
Corporation, Case No. 3:22-cv-01837, in the United States District
Court for the Northern District of Texas, Dallas.
The complaint, as amended, seeks to obtain refunds of improperly
withheld Security Fees for passengers who either cancelled their
reservations with Southwest prior to travel or otherwise did not
travel and received a Travel Credit instead of the promised refund.
According to the Plaintiff in the complaint, in its standard
contract with passengers, Southwest promised to refund collected
Security Fees if passengers did not use the travel tickets they
purchased. But when passengers did not use their travel tickets and
thus, any TSA security services, Southwest systematically failed to
refund the TSA Fees as promised and even refused when passengers
specifically so requested, says the suit.
As previously reported in the Class Action Reporter, the Hon. Judge
Sam A. Lindsay entered an order on September 8, 2023:
-- granting Southwest Airlines' motion to dismiss the amended
complaint pursuant to Federal Rule of Civil Procedure 12(b)(6);
and
-- denying as moot the motion strike class allegations pursuant
to Federal Rule of Civil Procedure 23, filed December 9, 2022.
The Court said, "The Plaintiffs' breach of contract claims violate
the Americans with Disabilities Act of 1990's preemption clause
because they rely upon application of a federal regulation that is
external to the parties' agreement as set out in the COC. Since the
claims also do not fall within the narrow exception to the ADA
preemption clause outlined in Wolens, Plaintiffs' claims are
barred."
The appellate case is captioned as Bevacqua v. Southwest Airlines
Company, a Texas Corporation, Case No. 23-11036, in the U.S. Court
of Appeals for the Fifth Circuit, filed on Oct. 11, 2023.[BN]
Plaintiffs-Appellants Aidan Bevacqua, et al., individually and on
behalf of others similarly situated, are represented by:
James Kan, Esq.
GOLDSTEIN, BORGEN, DARDARIAN & HO
155 Grand Avenue
Oakland, CA 94612
Telephone: (510) 763-9800
Defendant-Appellee Southwest Airlines Company, a Texas Corporation,
is represented by:
James Vincent Leito, Esq.
NORTON ROSE FULBRIGHT US, L.L.P.
2200 Ross Avenue
Dallas, TX 75201-7932
Telephone: (214) 855-8000
SUNTRUST BANK: Settlement Class in Randle Gets Conditional Status
-----------------------------------------------------------------
In the class action lawsuit captioned as TRACY RANDLE, ALLISON
TAYLOR, ARTHUR BOYD, and TAHIR JOHNSON on behalf of themselves and
all others similarly situated, v. SUNTRUST BANK, INC., SUNTRUST
INVESTMENT SERVICES, INC., TRUIST FINANCIAL CORPORATION, and TRUIST
INVESTMENT SERVICES, INC., Case No. 1:18-cv-01525-TJK (D.D.C.), the
Hon. Judge Timothy J. Kelly entered an order conditionally
certifying a Settlement Class composed of:
"All individuals who were employed by SunTrust Investment
Services,
Inc. (STIS) as a Financial Advisor at any time between June 24,
2014 and Feb. 17, 2021 and who self-identified to STIS as
African
American and/or Black, as reflected in Defendants’ workforce
data,
which was used to develop the class list provided by the
Defedants
to Class Counsel."
The Plaintiffs allege claims for race discrimination brought under
Title VII of the Civil Rights Act of 1964.
SunTrust is a super-regional bank holding company.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3tOeA5c at no extra charge.[CC]
TESLA INC: Won Truck Driver Class Suit Over Wage Claims
-------------------------------------------------------
Bernie Pazanowski of Bloomberg Law reports that A California truck
driver's effort to bring wage claims as a class action against a
Tesla Inc. supplier was rejected by a federal trial court.
The terms of the agreement Christine Torres-Boyd had with her
employer, Thyssenkrupp Supply Chain Services NA and Thyssenkrupp
Logistics Inc., required arbitration of individual claims and
contained an enforceable class action waiver, the opinion by Judge
Maxine M. Chesney of the US District Court for the Northern
District of California said on October 23, 2023.
The defendants transport palletized component parts from warehouses
to Tesla's Fremont, Calif., plant. Torres-Boyd hauls the parts to
the plant. [GN]
TIER-ONE PROPERTY: De Martinez, et al., Must File Class Cert Bid
----------------------------------------------------------------
In the class action lawsuit captioned as CASTILLO DE MARTINEZ, et
al., v. TIER-ONE PROPERTY SERVICES, LLC et al., Case No.
1:23-cv-02339 (D.D.C., Filed Aug. 11, 2023), the Hon. Judge
Randolph D. Moss entered an order that Plaintiffs shall file their
motion for class certification at a date to be set at the Federal
Rule of Civil Procedure 26(f) conference for this matter.
The suit alleges violation of the Fair Labor Standards Act.
Tier One is a facility services provider of commercial janitorial,
building maintenance, and specialty property services.CC]
TRILLIUM COMMUNITY: Hopkins Suit Transferred to D. Massachusetts
----------------------------------------------------------------
The case captioned as Jennifer Hopkins, individually and on behalf
of all others similarly situated v. Trillium Community Health Plan,
Inc., Progress Software Corporation, Performance Health Technology,
Ltd., Case No. 3:23-cv-01259 was transferred from the U.S. District
Court for the District of Oregon, to the U.S. District Court for
the District of Massachusetts on Oct. 23, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12482-ADB to the
proceeding.
The nature of suit is stated as Other P.I.
Trillium Community Health Plan Inc. -- https://www.trilliumohp.com/
-- operates as a medical insurance firm. The Company provides
health insurance plans for individuals, families, and small
businesses.[BN]
The Plaintiff is represented by:
Matthew S. Kirkpatrick, Esq.
KIRKPATRICK LAW
7505 SE 18th Ave.
Portland, OR 97202
Phone: (503) 901-8739
Fax: (503) 894-7846
Email: MattK@MKirkpatrickLaw.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106-3697
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
- and -
Jeffrey Scott Goldenberg, Esq.
GOLDENBERG SCHNEIDER LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Phone: (513) 345-8291
Fax: (513) 345-8294
Email: jgoldenberg@gs-legal.com
UMAMIMART LLC: Jones Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against UmamiMart, LLC. The
case is styled as Damon Jones, on behalf of himself and all others
similarly situated v. UmamiMart, LLC, Case No. 1:23-cv-09324-JPC
(S.D.N.Y., Oct. 23, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Umami Mart -- https://umamimart.com/ -- specializes in imported bar
tools, kitchen and glassware from Japan.[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
UMPQUA BANK: Elizondo Suit Removed to W.D. Washington
-----------------------------------------------------
The case styled as Farson Miriam Elizondo, individually and on
behalf of herself and all others similarly situated v. Umpqua Bank,
Case No. C23-1241 was removed from the Contra Costa Superior Court,
to the U.S. District Court for the Western District of Washington
on Oct. 23, 2023.
The District Court Clerk assigned Case No. 3:23-cv-05441 to the
proceeding.
The nature of suit is stated as Other P.I.
Umpqua Bank -- http://www.umpquabank.com/-- is a financial holding
company based in downtown Portland, Oregon.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Wesley Douglas Hurst, Esq.
POLSINELLI LLP
2049 Century Park East, Suite 2900
Los Angeles, CA 90067
Phone: (310) 556-1801
Email: whurst@polsinelli.com
UNITED STATES OF ARITZIA: Fails to Pay Proper Wages, Charles Says
-----------------------------------------------------------------
ASHANTE CHARLES, individually and on behalf of others similarly
situated, Plaintiffs v. UNITED STATES OF ARITZIA INC., Defendant,
Case No. 1:23-cv-09389 (S.D.N.Y., Oct. 25, 2023) seeks to recover
from the Defendant unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs.
Plaintiff Charles was employed by the Defendant as a manual
laborer.
UNITED STATES OF ARITZIA INC. is a provider of apparel and
accessories. The company offers t-shirts, blouses, sweaters,
jackets, bodysuits, leggings, coats, pants, skirts, bike shorts,
swim, blouses, knitwear, blazers, and accessories including shoes
and gift cards, among others. [BN]
The Plaintiff is represented by:
Brett R. Cohen
Jeffrey K. Brown
Michael A. Tompkins
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
USA TODAY: Seeks Stay of Stevens Conditional Certification Bid
--------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW STEVENS,
individually and on behalf of all persons similarly situated, v.
USA TODAY SPORTS MEDIA GROUP, LLC and GANNETT CO., INC., Case No.
1:23-cv-01367-CCC (M.D. Pa.), the Defendants ask the Court to enter
an order staying briefing on the Plaintiff's Motion for Conditional
Certification until the Court decides the Defendants' Motion to
Transfer Venue to the Eastern District of Virginia.
The Plaintiff contends that the Defendants allegedly misclassified
him as an independent contractor and denied him, and other Site
Editors, minimum wage and overtime for all hours worked.
The Plaintiff asserts claims against both USA Today and Gannett on
behalf of a purported nationwide collective action under the Fair
Labor Standards Act (FLSA) (the FLSA), and an individual claim
under the Pennsylvania Minimum Wage Act of 1968.
USA TODAY Sports Media Group encompasses all sports initiatives
across USA TODAY Sports and Gannett's more than 100 well-known
local media brands.
A copy of the Defendants' motion dated Oct. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3MmdT9P at no extra
charge.[CC]
The Defendants are represented by:
Camille A. Olson, Esq.
Richard B. Lapp, Esq.
Paul Yovanic, Jr., Esq.
Christine Costantino, Esq.
Kristin L. Witherell, Esq.
SEYFARTH SHAW LLP
233 S. Wacker Dr., Ste. 8000
Chicago, IL 60606
Telephone: (312) 460-5000
Facsimile: (312) 460-7000
E-mail: rlapp@seyfarth.com
pyovanic@seyfarth.com
ccostantino@seyfarth.com
kwitherell@seyfarth.com
USA WASTE: Filing for Class Certification Bid Due July 22, 2024
---------------------------------------------------------------
In the class action lawsuit captioned as LORI ARELLANO, as an
individual and on behalf of all others similarly situated, v. USA
WASTE OF CALIFORNIA, INC., a Delaware corporation; and DOES 1
through 50, inclusive, Case No. 2:22-cv-02205-CKD (E.D. Cal.), the
Hon. Judge Carolyn K. Delaney entered an order that:
The Plaintiff's deadline to file its Motion for Class
Certification
is continued from November 6, 2023, to July 22, 2024.
USA Waste was founded in 1994. The Company's line of business
includes the collection and disposal of refuse systems.
A copy of the Court's order dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/47gDJnL at no extra charge.[CC]
The Plaintiff is represented by:
Larry W. Lee, Esq.
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Telephone: (213) 488-6555
Facsimile: (213) 488-6554
- and -
Edward W. Choi, Esq.
LAW OFFICES OF CHOI & ASSOCIATES, APLC
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Telephone: (213) 381-1515
Facsimile: (213) 465-4885
E-mail: edward.choi@choiandassociates.com
William L. Marder, Esq.
POLARIS LAW GROUP
501 San Benito Street, Suite 200
Hollister, CA 95023
Telephone: (831) 531-4214
Facsimile: (831) 634-0333
- and -
Dennis S. Hyun, Esq.
HYUN LEGAL, APC
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Telephone: (213) 488-6555
Facsimile: (213) 488-6554
The Defendant is represented by:
David J. Dow, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Telephone: (619) 232-0441
Facsimile: (619) 232-4302
E-mail: ddow@littler.com
VMSB LLC: Faces Volpe Suit Over Restaurant Staff's Unpaid Wages
---------------------------------------------------------------
Eric Volpe, Enzo Ferrer, and Vincenzo Matino, each individually and
on behalf of others similarly situated, Plaintiffs v. VMSB, LLC, a
Florida limited liability company d/b/a "Gianni's at the former
Versace Mansion" "Gianni's at Casa Casuarina," and "The Villa Casa
Casuarina," Defendants, Case No. 1:23-cv-23888 (S.D. Fla., Oct. 11,
2023) is an action to recover damages for unpaid wages, minimum
wages, overtime wages, and other relief brought under the Fair
Labor Standards Act and the Florida Constitution.
The Plaintiffs allege the Defendants' failure to pay proper
overtime, breach of agreement to pay wages and commissions, failure
to comply with the applicable provisions of the FLSA which
proscribe the taking of "tips," and failure to timely pay wages.
The Plaintiffs -- as well as any other similarly situated person
who may hereafter join this lawsuit -- work or worked as wait-staff
or bussers at the restaurant operated by the Defendant in
Miami-Dade County from approximately February 2020 through the
present.
VMSB, LLC, is a limited liability company which is in the business
of operating a restaurant, bar, and hospitality establishment in
Miami Beach, Miami-Dade County, Florida.[BN]
The Plaintiffs are represented by:
Anthony F. Sanchez, Esq.
Anthony F. Sanchez, P.A.
6701 Sunset Drive, Suite 101
Miami, FL 33143
Telephone: (305) 665-9211
E-mail: afs@laborlawfla.com
WELCH FOODS: Parties Seek to Modify Class Cert Briefing Schedules
-----------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW SINATRO and SHANE
WINKELBAUER, individually and on behalf of all others similarly
situated, v. WELCH FOODS, INC., A Cooperative, and PROMOTION IN
MOTION, INC., Case No. 3:22-cv-07028-JD (N.D. Cal.), the Parties
stipulate as follows:
1. The Plaintiffs' deadline to file the class certification
motion
by Jan. 4, 2024, remains unchanged.
2. The Defendants' deadline to file an opposition to the class
certification motion shall be February 8, 2024.
3. The Plaintiffs' deadline to file a reply to the opposition
shall
be March 7, 2024.
4. The deadline to file dispositive and Daubert motions by May
30,
2024 remains unchanged.
5. Any opposition to a dispositive or Daubert motion shall be
filed
no later than July 5, 2024.
6. Any reply to an opposition to a dispositive or Daubert motion
shall be filed no later than August 1, 2024.
On July 20, 2023, the parties filed their Joint Initial Case
Management Statement, requesting that the Court adopt briefing
schedules for class certification, dispositive, and Daubert
motions. Specifically, the parties requested briefing schedules
permitting oppositions to be filed 35 days after the submission of
motions and replies to be filed 28 days after to the oppositions.
Welch offers refrigerated juices, juice cocktails, jams and
jellies, and snacks.
A copy of the Parties' motion dated Oct. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3Qk9EwB at no extra charge.[CC]
The Plaintiffs are represented by:
Ryan J. Clarkson, Esq.
Bahar Sodaify, Esq.
Alan Gudino, Esq.
Ryan D. Ardi, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
agudino@clarksonlawfirm.com
rardi@clarksonlawfirm.com
The Defendants are represented by:
Daniel S. Silverman, Esq.
Bryan J. Weintrop, Esq.
Amit Rana, Esq.
VENABLE LLP
2049 Century Park E
Los Angeles, CA 90067
WILMINGTON, DE: Faces Suit Over Constitutional Rights Violations
----------------------------------------------------------------
Mark Fowser of WDEL.com reports that a class-action lawsuit alleges
that Wilmington Police violate Constitutional protections against
unreasonable stops, searches and arrests.
The ACLU of Delaware also said its own extensive investigation last
year turned up evidence of racially-biased policing. Mayor Mike
Purzycki said in a statement that he found the ACLU's claims
"offensive" and that the city would vigorously defend the case in
court.
The federal case was filed on behalf of two people and for the
NAACP Delaware State Conference of Branches. The ACLU said the
practices in question were carried out by the "Operation Safe
Streets" program, a partnership with the Delaware Department of
Corrections. The case alleges that the program has not made
Wilmington safer, but has largely been used as a tool to "harass
and terrorize Black communities in Wilmington" by circumventing
people's rights.
Further, the ACLU alleged that the Wilmington Police Department
"failed to monitor these officers and discipline those who engage
in unconstitutional conduct. The department has also failed to
record and preserve information related to this misconduct."
"The absolute lack of oversight combined with a blatant disregard
for the rights and well-being of the public is shameful," ACLU-DE
Legal Director Dwayne Bensing said. "This kind of policing isn't
providing protection or public safety—it's an abuse of power that
needs to be stopped."
"It is long past time for the WPD to be held accountable for the
terror they've instilled in our communities with their racially
discriminatory practices," the Delaware State NAACP and Wilmington
NAACP said in a statement shared by ACLU-DE. "We're demanding
justice on behalf of those who have been harmed, intimidated, and
disrespected by these officers."
Mayor Mike Purzycki's office issued this statement on his behalf:
"The claims made by the ACLU are offensive to me. The Wilmington
Police department makes it a practice to treat every person equally
and with the utmost respect even under the very difficult
circumstances they face each day as they serve and protect the
community. The City does not engage in, promote, or tolerate any
policies, practices or customs that discriminate against any group
or violate anyone's rights. We will vigorously defend against this
suit in court." [GN]
WILSON CONSTRUCTION: Wheeler Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------------
ZACHARY STEVEN WHEELER, individually, and on behalf of himself and
others similarly situated, Plaintiff v. WILSON CONSTRUCTION, LLC,
Defendant, Case No. 2:23-cv-02643 (W.D. Tenn., Oct. 11, 2023) is a
class action against the Defendant for unpaid minimum wages,
overtime compensation, liquidated damages, reasonable attorneys'
fees, costs, and other relief under the Fair Labor Standards Act
and for breach of contract under Tennessee state law.
According to the complaint, the Defendant did not compensate
Plaintiff and those similarly situated for all their compensable
work hours at the applicable FLSA minimum wage and overtime
compensation rates of pay within weekly pay periods during all
times material. The Defendant also failed to compensate Plaintiff
and those similarly situated for all their work hours within weekly
pay periods in breach of its contractual wage obligations to
Plaintiff and those similarly situated, the suit says.
The Plaintiff brings this class action on behalf of himself and all
others similarly situated full-time, hourly-paid employee who has
worked for Defendant anywhere in the United States at any time
within the past three years.
Wilson Construction, LLC is a construction company located in
Memphis, Tennessee.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
James L. Holt, Jr., 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
jholt@jsyc.com
jleatherwood@gmail.com
YORK UNIVERSITY: Faces Suit Over Campus Anti-Semitic Incidents
--------------------------------------------------------------
CNW Group of Yahoo! Finance reports that Diamond and Diamond
Lawyers have initiated a class action lawsuit concerning alleged
anti-Semitic incidents at York University. The lawsuit targets both
York University and the York Federation of Students.
The lawsuit represents current students, recent alumni, and
attendees from 1998-2021.
The plaintiffs allege they have been made to feel unsafe on campus,
silenced, forced to hide their Jewish identity, been harassed, and
even threatened with physical violence.
The defendants are alleged to have shown negligence, specifically
in failing to address anti-Semitic incidents, violating York's
non-discrimination policies, and providing insufficient staff
training on handling harassment.
"York University has not upheld its commitment to its own
guidelines and policies, particularly those vital for ensuring
student safety," states Sandra Zisckind, Managing Partner at
Diamond and Diamond Lawyers. "Owning the campus space in question,
they are legally obligated to demonstrate accountability." The
plaintiffs are looking for immediate action to ensure their safety
and prevent future incidents.
The Plaintiffs highlight a consistent pattern of behaviour,
referencing incidents from as early as 2009. In one such incident,
Jewish students at York University took shelter from anti-Semitic
protesters in the Hillel office after attending a meeting about
teacher assistant strikes.
"Any behaviour that promotes hate, violence, discrimination, or
disrupts the educational environment, as outlined in the 'Code of
Students Rights and Responsibilities,' indicates a failure in the
University's duty of care and contradicts its foundational values
of respect, equity, and civility," said Darryl Singer, head of
class actions at Diamond and Diamond Lawyers.
Those who believe they have experienced anti-Semitism at York
University are encouraged to contact Diamond and Diamond Lawyers at
1-800-567-HURT. [GN]
*********
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 ***