/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/231115.mbx C L A S S A C T I O N R E P O R T E R Wednesday, November 15, 2023, Vol. 25, No. 229 Headlines 18 BEDFORD AVE: Melendez Files ADA Suit in E.D. New York 23ANDME INC: Furia Sues Over Data Breach Involving Customer's Info 3M COMPANY: McPherson Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Rodriquez Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Ulmer Sues Over Exposure to Toxic Chemicals 3M COMPANY: Weinrick Sues Over Exposure to Toxic Foams & Chemicals ABBI TUXEDOS: Hernandez Files ADA Suit in E.D. New York ADOBE INC: Pembroke Pines Fund Files Securities Class Action in NY ANESKI INC: Bunting Sues Over Blind-Inaccessible Website ARAMARK UNIFORM: Fernandez Sues Over Labor Code Breaches ARCHIE COMIC: Zelvin Files ADA Suit in S.D. New York ATC MEDICAL: Morales Sues Over Drivers' Unpaid Overtime ATHENE ANNUITY: Seiler Suit Transferred to D. Massachusetts BANK OF AMERICA: Morris Sues Over Deceptive Collection Practices BANK OF NEW YORK MELLON: Court Rules on Class Certification Bid BROADWAY PLAY: Mercedes Files ADA Suit in S.D. New York BROOKLYN PREMIER: Johnson Sues Over Alleged Data Breach CAMPANIA OF SI: Durantas Files ADA Suit in E.D. New York CENTER AT LINCOLN: Fails to Pay Proper Wages, Commissiong Alleges CEPHEID: Hall Sues Over Labor Law Violations, Unfair Business Acts CHIDDY'S CHEESESTEAKS: Stroude Files ADA Suit in E.D. New York CITYWIDE HEALTH: Stroude Files ADA Suit in E.D. New York COMPLETE TILE: Melendez Files ADA Suit in E.D. New York CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit CONVIVE BRANDS: McAlmon Sues Over Unlawful Labor Practices CONVOY INC: Siu Sues Over Mass Layoffs Without Prior Notice COSTCO WHOLESALE: Lock Sues Over Junior Managers' Unpaid Overtime DANA INC: Fails to Provide Proper Overtime Pay, Lee Claims DISCORD INC: Still Charges Canceled Subscriptions, Zarecor Says E&E TRUCK: Villareal Sues Over Unpaid Wages and Retaliation EATING RECOVERY: Faces Suit Over Disclosure of Private Medical Info ENGAGESMART INC: Franchi Sues Over Breaches of Fiduciary Duty FARFETCH LTD: Faces Ragan Suit Over Decline in Share Price FORD MOTOR: Faces Soehnlein Suit Over Vehicles' Transmission Defect FROM YOU FLOWERS: Abrego Sues Over False Discount Ads G & A BAKING: Luna Sues Over Miscalculated Wages INTERNAL HEALTH: Fails to Provide Proper Wages, Taylor Claims KYBENCO DISPOSALS: Fails to Pay Overtime Premiums, Goleman Claims LAKELAND COMMUNITY: Golden Sues Over Alleged Privacy Breach MAV BEAUTY: Nersisyan Sues Over Misleading Product Labeling MAY WEST: Harold and Sutton Sue Over Unlawful Labor Practices MCLAREN HEALTH: Failed to Secure Private Health Info, Wells Says MOUNT SINAI: Cooper et al. Sue Over Disclosure of Private Info NEXT NET MEDIA: Swartz Seeks Unpaid Minimum, Overtime Wages NIRC INC: Faces Jaycox Suit Over Unlawful Labor Practices NUANCE COMMUNICATIONS: Lacks Personal Data Security, Farrar Says OTSUKA AMERICA: Fails to Pay Overtime Premiums, Caston Suit Claims PEPSICO INC: Website Inaccessible to Blind Users, Martinez Says PHILADELPHIA FIREFIGHTERS: Misled Firefighters on Pension Benefits PRESIDENTIAL STAFFING: Misclassifies Nurses, Olabinjo Says RIVERBAY CORP: Gregory et al. Sue Over Labor Law Violations ROSS STORES: Lyle Sues Over Failure to Pay Proper Overtime STUDY.COM LLC: Discloses Personal Info to Facebook, Lacasse Says SUNPOWER CORP: Craven Sues Over Securities Law Breaches UNIVERSAL CITY: Faces Parker Suit Over Misleading Film Ad VIA RENEWABLES: Continues to Defend Gilkin Class Suit VIBRANT HORIZONS: Granison Sues Over Unpaid Wages, Retaliation VITAL FARMS INC: Continues to Defend Usler Class Suit VOYA FINANCIAL: Continues to Defend Ravarino Class Suit ZOA ENERGY: Gershzon Sues Over Energy Drinks' False Labels ********* 18 BEDFORD AVE: Melendez Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against 18 Bedford Ave, LLC. The case is styled as Rhondine Melendez, on behalf of herself and all others similarly situated v. 18 Bedford Ave, LLC, Case No. 1:23-cv-08076 (E.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. 18 BEDFORD AVE, LLC doing business as Five Leaves -- http://www.fiveleavesny.com/-- is a restaurant located in Greenpoint, Brooklyn and offers a diverse menu of breakfast, lunch, and dinner options, with a focus on fresh, locally sourced ingredients.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com 23ANDME INC: Furia Sues Over Data Breach Involving Customer's Info ------------------------------------------------------------------ Nicholas Furia, on behalf of himself and all others similarly situated, Plaintiff v. 23ANDME, Inc., Defendant, Case No. 4:23-cv-05565-DMR (N.D. Cal., October 27, 2023) arises from the recent cyberattack and data breach involving the personally identifiable information and personal health information of customers of Defendant, alleging claims against the Defendant for negligence, breach of implied contract, invasion of privacy, unjust enrichment, and for violations of the Federal Trade Commission Act. On or about October 6, 2023, Defendant announced, that unauthorized access to customer PII had taken place. However, the Defendant failed to state in its Notice whether it successfully contained or ended the cybersecurity threat and how the breach itself occurred, says the suit. 23andMe is a biotechnology company that maps the unique individual genomes of customers to create personalized genetic reports on subjects including ancestry and genetic health risks. [BN] The Plaintiff is represented by: Daniel E. Gustafson , Esq. David A. Goodwin, Esq. Matt Jacobs, Esq. GUSTAFSON GLUEK PLLC 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 E-mail: dgustafson@gustafsongluek.com dgoodwin@gustafsongluek.com mjacobs@gustafsongluek.com - and - Matthew Smith, Esq. MIGLIACCIO & RATHOD LLP 201 Spear Street, Suite 1100 San Francisco, CA 94105 Telephone: (831) 687-8255 E-mail: msmith@classlawdc.com 3M COMPANY: McPherson Sues Over Exposure to Toxic Aqueous Foams --------------------------------------------------------------- Paul McPherson, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:23-cv-05508-RMG (D.S.C., Oct. 30, 2023), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of Decedent's exposure to Defendants' AFFF products at various locations during the course of Decedent's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with colorectal cancer as a result of exposure to Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Richard Zgoda, Jr., Esq. Steven D. Gacovino, Esq. GACOVINO, LAKE & ASSOCIATES, P.C. 270 West Main Street Sayville, NY 11782 Phone: 631-600-0000 Facsimile: 631-543-5450 - and - Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 3M COMPANY: Rodriquez Sues Over Exposure to Toxic Aqueous Foams --------------------------------------------------------------- Anthony Rodriquez, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER CHEMICALS, INC. DUPONT DE NEMOURS INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY, individually and as successor in interest to DuPont Chemical Solutions Enterprise; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY, individually and as successor in interest to Du Pont Chemical Solutions Enterprise; TYCO FIRE PRODUCTS L.P.; and UTC FIRE & SECURITY AMERICAS CORPORATION, INC., Case No. 2:23-cv-05533-RMG (D.S.C., Oct. 31, 2023), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with kidney cancer as a result of exposure to Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Tessa G. Cuneo, Esq. Alexandra W. Robertson, Esq. ASK LLP 2600 Eagan Woods Drive, Suite 400 St. Paul, MN 55121 Phone: (651) 406-9665 Fax: (651) 406-9676 Email: tcuneo@askllp.com arobertson@askllp.com 3M COMPANY: Ulmer Sues Over Exposure to Toxic Chemicals ------------------------------------------------------- James Ulmer, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), WILLFIRE HC LLC, d/b/a WILLLIAMS FIRE & HAZARD CONTROL, Case No. 2:23-cv-05511-RMG (D.S.C., Oct. 30, 2023), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with prostate cancer as a result of exposure to Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Scott M. Hendler, Esq. HENDLER FLORES LAW, PLLC 901 S. MoPac Expressway Bldg. 1, Ste 300 Austin, TX 78746 Phone: (512) 439-3202 Fax: (512) 439-3201 Email: shendler@hendlerlaw.com 3M COMPANY: Weinrick Sues Over Exposure to Toxic Foams & Chemicals ------------------------------------------------------------------ Ronald Weinrick, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), WILLFIRE HC LLC, d/b/a WILLLIAMS FIRE & HAZARD CONTROL, Case No. 2:23-cv-05510-RMG (D.S.C., Oct. 30, 2023), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with prostate cancer as a result of exposure to Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Scott M. Hendler, Esq. HENDLER FLORES LAW, PLLC 901 S. MoPac Expressway Bldg. 1, Ste 300 Austin, TX 78746 Phone: (512) 439-3202 Fax: (512) 439-3201 Email: shendler@hendlerlaw.com ABBI TUXEDOS: Hernandez Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Abbi Tuxedos, LLC. The case is styled as Timothy Hernandez, on behalf of himself and all others similarly situated v. Abbi Tuxedos, LLC, Case No. 1:23-cv-08066-FB-SJB (E.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Abbi Tuxedos, LLC doing business as Tuxedo By Sarno -- https://www.tuxedobysarno.com/ -- is the Northeastern United States' premier provider of tuxedo rental suits and formal wear for weddings, quinceaneras, prom, and special events.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com ADOBE INC: Pembroke Pines Fund Files Securities Class Action in NY ------------------------------------------------------------------ PEMBROKE PINES FIREFIGHTERS & POLICE OFFICERS PENSION FUND and the CITY OF HOLLYWOOD POLICE OFFICERS' RETIREMENT SYSTEM, individually and on behalf of all others similarly situated, Plaintiffs v. ADOBE INC., SHANTANU NARAYEN, JOHN MURPHY, DANIEL DURN, DAVID WADHWANI, and JONATHAN VAAS, Defendants, Case No. 1:23-cv-09260 (S.D.N.Y., Oct. 20, 2023) is a federal securities class action that Plaintiffs bring on behalf of themselves and a class consisting of all persons and entities that purchased or otherwise acquired the common stock of Adobe between July 23, 2021 and September 15, 2022, inclusive, asserting claims for violations of the Securities Exchange Act of 1934 and the rules and regulations promulgated thereunder. During the Class Period, the Defendants repeatedly downplayed the competitive pressure Adobe was experiencing from companies like Figma, which provides a simple web-based tool for designing user interfaces. Figma's success was exploding, as it reached a $10 billion valuation just before the beginning of the Class Period. Despite this, Defendants cast Figma as merely a "point" player in the wider digital design market, and maintained that Figma's customers would eventually graduate (and switch) to Adobe's more advanced products. In that vein, Defendants wrongly led investors to believe that Figma's only potential threat was as a minor disruption of Adobe's funnel for new paying customers, and they described Adobe's "Express" app -- which focuses on video and photo editing -- as a simple product that was successfully filling that role. Meanwhile, Defendants concealed that Adobe's own user-interface design app, "XD," was the true competitor to Figma but was failing to gain traction with customers, says the suit. In light of these misstatements, investors were stunned when, on September 15, 2022, Adobe announced that it would acquire Figma for $20 billion -- double Figma's valuation from just one year prior and at a multiple of 50 times Figma's revenues. With this announcement, investors learned for the first time that they had been misled: Adobe management, in fact, saw Figma as not only a major competitor, but as an existential threat, and Adobe's own in-house products were not effectively serving their intended purpose. The market sent Adobe's stock down nearly 17% and wiped out billions of dollars of investor value in a single trading day, the suit asserts. The Plaintiffs and class members purchased Adobe common stock at artificially inflated prices created and/or maintained by Defendants' alleged materially false or misleading statements and omissions throughout the Class Period. When the truth concerning the Company was belatedly revealed to the market, Plaintiffs and class members suffered monetary damages. This action seeks to recover those damages. Adobe, Inc. is a software company that offers tools on a subscription basis for, among other things, sharing documents, editing pictures, and designing web pages.[BN] The Plaintiffs are represented by: Daniel L. Berger, Esq. Caitlin M. Moyna, Esq. GRANT & EISENHOFER, P.A. 485 Lexington Avenue New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (610) 722-8501 E-mail: dberger@gelaw.com cmoyna@gelaw.com - and - Robert D. Klausner, Esq. KLAUSNER KAUFMAN JENSEN & LEVINSON 7080 NW 4th Street Plantation, FL 33317 Telephone: (954) 916-1202 Facsimile: (954) 916-1232 E-mail: bob@robertdklausner.com ANESKI INC: Bunting Sues Over Blind-Inaccessible Website -------------------------------------------------------- RASHETA BUNTING, on behalf of herself and all other persons similarly situated, Plaintiff v. ANESKI, INC., Defendant, Case No. 530497/2023 (N.Y. Sup., Kings Cty., Oct. 20, 2023) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, aneskihome.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law. The Plaintiff browsed and intended to make an online purchase of the Cloud Percale Basics Set and the Dream Sateen Flat Sheet on aneskihome.com. However, unless Defendant remedies the numerous access barriers on its website, Plaintiff will continue to be unable to independently navigate, browse, use, and complete a transaction on the website. By failing to make the website accessible to blind persons, Defendant is violating basic equal access requirements under both state and city law, says the suit. Aneski, Inc. is a U.S.-based online retail business that offers Egyptian cotton bedding.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Telephone: (917) 373-9128 E-mail: ShakedLawGroup@Gmail.com ARAMARK UNIFORM: Fernandez Sues Over Labor Code Breaches -------------------------------------------------------- JERRI ANTOINETTE FERNANDEZ, individually, and on behalf of all others similarly situated, Plaintiff v. ARAMARK UNIFORM & CAREER APPAREL, LLC, a California corporation; and DOES 1 through 10, inclusive, Defendants, Case No. 23STCV26252 (Cal. Super., October 26, 2023) seeks for civil penalties, reasonable attorneys' fees and costs of suit incurred pursuant to the California Labor Code. The Plaintiff worked for Defendants in the County of Los Angeles as a folder and ironer from approximately November 2022 to January 2023. During the statutory period, the Defendants classified Plaintiff as non-exempt from California’s overtime requirements, and paid Plaintiff an hourly wage. However, during the said period, the Defendants failed to pay Plaintiff for all hours worked (including minimum wages and overtime wages), failed to provide Plaintiff with uninterrupted meal periods, failed to authorize and permit Plaintiff to take uninterrupted rest periods, failed to indemnify Plaintiff for necessary business expenses, failed to timely pay all final wages to Plaintiff when Defendants terminated Plaintiff's employment, and failed to furnish accurate wage statements to Plaintiff, says the suit. Headquartered in California, Aramark provides food service, facilities and uniform services to hospitals, universities, school districts, stadiums and other businesses.[BN] The Plaintiff is represented by: Kane Moon, Esq. Lilit Ter-Astvatsatryan, Esq. Yudi "Annie" Ruan, Esq. MOON LAW GROUP, PC 1055 W. Seventh St., Suite 1880 Los Angeles, CA 90017 Telephone: (213) 232-3128 Facsimile: (213) 232-3125 E-mail: kmoon@moonlawgroup.com lilit@moonlawgroup.com aruan@moonlawgroup.com ARCHIE COMIC: Zelvin Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Archie Comic Publications, Inc. The case is styled as Lynn Zelvin, on behalf of himself and all others similarly situated v. Archie Comic Publications, Inc., Case No. 1:23-cv-09506 (S.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Archie Comic Publications, Inc. -- https://archiecomics.com/ -- is an American comic book publisher headquartered in Pelham, New York.[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 ATC MEDICAL: Morales Sues Over Drivers' Unpaid Overtime ------------------------------------------------------- BARBARO MORALES, and other similarly individuals, Plaintiff v. ATC MEDICAL TRANSPORT CORP, IVANIA ARQUEZ, and ALFREDO TEJEDOR, Defendants, Case No. 1:23-cv-24049-JEM (S.D. Fla., Oct. 23, 2023) is an action against the Defendants to recover money damages for Plaintiff's unpaid overtime wages under the Fair Labor Standards Act. The Plaintiff was employed by the Defendants as a driver from approximately January 2022 to approximately July 2023. The Plaintiff contends that he worked approximately an average of 72 hours per week without being compensated at a rate of not less than one- and one-half times the regular rate at which he was employed. ATC Medical Transport Corp. is a transportation service provider in Hialeah, Florida.[BN] The Plaintiff is represented by: Ruben Martin Saenz, Esq. THE SAENZ LAW FIRM, P.A. 20900 NE 30th Avenue, Ste. 800 Aventura, FL 33180 Telephone: (305) 482-1475 E-mail: martin@legalopinionusa.com ATHENE ANNUITY: Seiler Suit Transferred to D. Massachusetts ----------------------------------------------------------- The case captioned as Noah Seiler, Individually and on behalf of all others similarly situated v. Athene Annuity and Life Company, Pension Benefit Information, LLC, Progress Software Corporation, Case No. 4:23-cv-00336 was transferred from the U.S. District Court for the Southern District of Iowa, to the U.S. District Court for the District of Massachusetts on Oct. 31, 2023. The District Court Clerk assigned Case No. 1:23-cv-12594-ADB to the proceeding. The nature of suit is stated as Other Personal Property. Athene Annuity & Life Company -- http://www.athene.com/-- is a leading provider of products in the retirement savings market.[BN] The Plaintiff is represented by: Nicholas J. Mauro, Esq. CARNEY & APPLEBY PLC 303 Locust St, 400 Homestead Bldg Des Moines, IA 50309 Phone: (515) 282-6803 Fax: (515) 282-4700 Email: mauro@carneyappleby.com - and - David S. Almeida, Esq. BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP 333 W. Wacker Dr., Suite 1900 Chicago, IL 60606 Phone: (312) 212-4954 - and - Elena A. Belov, Esq. ALMEIDA LAW FIRM 849 W. Webster Avenue Chicago, IL 60614 Phone: (917) 716-7132 Email: elena@almeidalawgroup.com The Defendant is represented by: Angel Anna West, Esq. MAYNARD NEXSEN, P.C. 801 Grand Avenue, Suite 100 Des Moines, IA 50309 Phone: (515) 686-8223 Fax: (205) 254-1999 Email: awest@maynardnexsen.com BANK OF AMERICA: Morris Sues Over Deceptive Collection Practices ---------------------------------------------------------------- KIMBERLY MORRIS, ALGER JASON RYAN MORRIS, JAMES BAKER, and EDITH BAKER, individually and on behalf of all others similarly situated, Plaintiffs v. KENNETH DEAN SUGARMAN, BANK OF AMERICA, N.A., and JOHN AND JANE DOES 1-25, Defendants, Case No. 1:23-cv-09327-KPF (S.D.N.Y., Oct. 24, 2023) is a class action brought by the Plaintiffs seeking in excess of $75,000 from attorney, Kenneth Dean Sugarman, Bank of America, N.A. and John and Jane Does 1-25, based on a lawsuit Sugarman filed against them in New York state court, in which he obtained a default judgment against them based on false affidavits on behalf of a non-existent entity. On February 11, 2021, Sugarman filed an action against the Plaintiffs in the Civil Court of New York County (Case No. CV-002410-21) captioned Omega Factoring Alliance, as Assignee of Chef Creations L.L.C. Against James Baker, Edith Baker, Ryan Morris & Kimberly Baker Morris d b a One Source Foods. The lawsuit claimed that Plaintiffs owed $24,000 to a company called Chef Creations LLC and that "Right, Interest, and Title to this Receivable" was subsequently transferred from Chef Creations LLC, the Assignor, to Omega Factoring Alliance, the Assignee. On October 14, 2022, Sugarman served BOA with a Restraining Notice and Information Subpoena bearing the case number of the Lawsuit against Plaintiffs in New York County. In response, BOA restrained a personal account containing funds belonging to the Morrises at a BOA branch in Conyers, Georgia. In this complaint, Sugarman allegedly violated New York Judicial Law, which prohibits an attorney to engage in deceit with intent to deceive the court, by: (a) bringing the lawsuit on behalf of a non-existent entity; (b) asserting claims in a New York court against persons without any connection to New York; (c) falsely claiming that persons owe money to pay money to a non-existent entity; (d) filing affidavits of service falsely purporting to show that Plaintiffs had been served with the summons and complaint, obtaining a default judgment thereby. Sugarman has been filing cases on behalf of Omega since 2004, demonstrating a chronic pattern of extreme and egregious deceit with the intent to deceive the court, says the suit. Plaintiffs Kimberly Morris and Ryan Morris were injured in that the lawsuit and the default judgment caused them to lose access to funds in their joint personal bank account for a period of up to three and half months, the suit alleges. Bank of America, N.A. is a federally chartered bank with its headquarters in Charlotte, North Carolina.[BN] The Plaintiffs are represented by: Abraham Kleinman, Esq. KLEINMAN LLC 626 RXR Plaza Uniondale, NY 11556-0626 Telephone: (516) 522-2621 Facsimile: (888) 522-1692 E-mail: akleinman@kleinmanllc.com - and - Francis R. Greene, Esq. GREENE CONSUMER LAW 1954 First St. #154 Highland Park, IL 60035 Telephone: (312) 847-6979 Facsimile: (312) 847-6978 E-mail: francis@greeneconsumerlaw.com BANK OF NEW YORK MELLON: Court Rules on Class Certification Bid --------------------------------------------------------------- In the class action lawsuit captioned as SERGIO MOGOLLON, et al., v. THE BANK OF NEW YORK MELLON, Case No. 3:19-cv-03070-N-BQ (N.D. Tex.), the Hon. Judge David C. Godbey entered an order granting stipulation and agreed-to order regarding timing of service of the Plaintiffs' motion for class certification. The Plaintiffs Sergio Mogollon and Colleen Lowe and Defendant The Bank of New York Mellon stipulate to the following regarding the timing for service of the Plaintiffs' forthcoming class certification motion, and request that the Court issue an Order approving the following stipulation: 1. The Court is considering Plaintiffs' Motion for Suggestion of Remand and the parties are currently briefing Defendant's recently filed Motion to Stay Merits Discovery. 2. Specifically, the parties stipulate and agree that in the event: (a) the Court has not ruled upon Plaintiff's Motion for Suggestion of Remand before it rules upon Defendant's Motion to Stay Merits Discovery; or (b) the Court denies Plaintiffs' Motion for Suggestion of Remand, the due date for Plaintiffs to serve a Rule 23 motion for class certification shall be 60 days after the Court issues an order on Defendant's Motion to Stay Merits Discovery. 3. In the event the Court grants Plaintiffs' Motion for Suggestion of Remand, the due date for Plaintiffs to serve a Rule 23 motion for class certification shall be set by the United States District Court for the District of New Jersey. Bank of New York Mellon Corporation is an American investment banking services holding company headquartered in New York City. A copy of the Court's order dated Oct. 31, 2023, is available from PacerMonitor.com at https://bit.ly/3QKbA36 at no extra charge.[CC] The Plaintiffs are represented by: Eugene E. Stearns, Esq. Jay B. Shapiro, Esq. Joshua Munn, Esq. Veronica L. de Zayas, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Museum Tower 150 W Flagler Street, Suite 2200 Miami, FL 33130 Telephone: (305) 789-3200 Facsimile: (305) 789-3395 E-mail: estearns@stearnsweaver.com jshapiro@stearnsweaver.com jmunn@stearnsweaver.com vdezayas@stearnsweaver.com - and - Michael E. Criden, Esq. Lindsey C. Grossman, Esq. CRIDEN & LOVE, P.A. 7301 S.W. 57th Court, Suite515 South Miami, FL 33143 Telephone: (305) 357-3900 Facsimile: (305) 357-9050 E-mail: mcriden@cridenlove.com lgrossman@cridenlove.com James E. Cecchi, Esq. CARELLA BYRNE CECCH OLSTEIN BRODY & AGNELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 Facsimile: (973) 994-1744 E-mail: jcecchi@carellabyrne.com The Defendant is represented by: Thomas M. Farrell, Esq. Jeffrey J. Chapman, Esq. MCGUIREWOODS LLP 845 Texas Avenue, 24th Floor Houston, TX 77002 Telephone: (713) 571-9191 Facsimile: (713) 571-9652 E-mail: tfarrell@mcguirewoods.com jchapman@mcguirewoods.com BROADWAY PLAY: Mercedes Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Broadway Play Publishing, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Broadway Play Publishing, Inc., Case No. 1:23-cv-09519 (S.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Broadway Play Publishing Inc. -- https://www.broadwayplaypublishing.com/ -- was established in New York City in 1982 to publish and license the stage performance rights of contemporary American plays.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com BROOKLYN PREMIER: Johnson Sues Over Alleged Data Breach ------------------------------------------------------- MARQUITA WASHINGTON JOHNSON, on behalf of herself individually and on behalf of all others similarly situated, Plaintiff v. BROOKLYN PREMIER ORTHOPEDICS AND PAIN MANAGEMENT PLLC, Defendant, Case No. 1:23-cv-07990-NRM-JAM (E.D.N.Y., October 26, 2023) arises out of the recent cyberattack and data breach resulting from Defendant's failure to implement reasonable and industry standard data security practices. The Defendant's letter sent on or about October 5, 2023 failed to include the critical facts, such as the dates of the data breach, the dates of Defendant's investigation, the date Defendant detected the data breach, the details of the root cause of the data breach, the vulnerabilities exploited, and the remedial measures undertaken to ensure such a breach does not occur again, says the suit. Brooklyn Premier Orthopedics and Pain Management PLLC is a healthcare limited liability company formed under the state laws of New York, with its principal place of business located in Brooklyn, NY. [BN] The Plaintiff is represented by: Vicki J. Maniatis, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (212) 594-5300 E-mail: vmaniatis@milberg.com - and - David K. Lietz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 5335 Wisconsin Avenue NW Washington, DC 20015-2052 Telephone: (866) 252-0878 Facsimile: (202) 686-2877 E-mail: dlietz@milberg.com CAMPANIA OF SI: Durantas Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Campania of Si, Inc. The case is styled as Hakan Durantas, on behalf of himself and all others similarly situated v. Campania of Si, Inc., Case No. 1:23-cv-08090 (E.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Campania of Si, Inc. -- https://campaniacoalfiredpizza.com/ -- is an Italian restaurant specializing in authentic coal-fired Italian pizza and antipasto.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com CENTER AT LINCOLN: Fails to Pay Proper Wages, Commissiong Alleges ----------------------------------------------------------------- CELINE COMMISSIONG, individually and for others similarly situated, Plaintiff v. THE CENTER AT LINCOLN, LLC, Defendant, Case No. 1:23-cv-02834 (D. Colo., October 27, 2023) arises out of the The Center at Lincoln's violations of the Fair Labor Standards Act. Plaintiff Commissiong worked for TCL as a certified nursing assistant and licensed practical nurse from approximately December 2015 until April 2021. As of TCL's patient care workers, Plaintiff regularly worked more than 40 hours a week. However, TCL did not pay its patient care workers for all their hours worked. It also automatically deducted 30 minutes a day from Plaintiff's and other patience care workers' recorded work time for so-called meal breaks, says the suit. Headquartered in Parker, CO, TCL offers physical rehabilitation and nursing care to patients. [BN] The Plaintiff is represented by: 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 CEPHEID: Hall Sues Over Labor Law Violations, Unfair Business Acts ------------------------------------------------------------------ Darryl Hall, individually and on behalf of all similarly situated individuals, Plaintiff, v. Cepheid, a California Corporation; Vitor Rocha, an individual; Deborah Gonyea, an individual; and Does 1-100; Defendants, Case No. 23CV424954 (Cal. Super., Santa Clara Cty., October 26, 2023) alleges claims against the Defendants for violations of the California Labor Code and the California Business and Professions Code. Plaintiff Hall worked for Cepheid as a non-exempt employee from approximately 2021 to 2023. Allegedly, Cepheid has implemented a uniform time clock rounding policy and practice that results in Plaintiff Hall and Class Members being denied minimum wages and overtime compensation for all hours worked. In addition, Cepheid failed to authorize and/or permit non-exempt employees, including Plaintiff, to take bona fide meal and rest breaks pursuant to Labor Code Section 226.7 by interrupting employees on their meal and/or rest periods, providing meal and rest periods late, or not at all, and by providing meal and rest periods that are not a net-30 minutes or net-10 minutes in length. Headquartered in Sunnyvale, California, Cepheid is an American molecular diagnostics company that develops and sells automated nucleic acid tests. [BN] The Plaintiff is represented by: Elliot J. Siegel, Esq. Julian Burns King, Esq. KING & SIEGEL LLP 724 South Spring Street, Suite 201 Los Angeles, CA 90014 Telephone: (213) 465-4802 Facsimile: (213) 465-4803 E-mail: elliot@kingsiegel.com julian@kingsiegel.com CHIDDY'S CHEESESTEAKS: Stroude Files ADA Suit in E.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Chiddy's Cheesesteaks, Inc. The case is styled as Colette Stroude, on behalf of himself and all others similarly situated v. Chiddy's Cheesesteaks, Inc., Case No. 1:23-cv-08085 (E.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Chiddy's Cheesesteaks, Inc. -- https://www.chiddyscheesesteaks.com/ -- is a Cheesesteak restaurant.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com CITYWIDE HEALTH: Stroude Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Citywide Health Management, Inc. The case is styled as Colette Stroude, on behalf of himself and all others similarly situated v. Citywide Health Management, Inc., Case No. 1:23-cv-08080-EK-RML (E.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. CITYWIDE HEALTH MANAGEMENT, INC. is a New York Domestic Business Corporation.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com COMPLETE TILE: Melendez Files ADA Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against The Complete Tile Collection, LLC. The case is styled as Rhondine Melendez, on behalf of herself and all others similarly situated v. The Complete Tile Collection, LLC, Case No. 1:23-cv-08074 (E.D.N.Y., Oct. 30, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Complete Tile Collection -- https://www.completetile.com/ -- is a tile and stone products showroom that sells ceramic, stone, glass, mosaic, and porcelain.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit ----------------------------------------------------------------- ConocoPhillips disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2023 filed with the Securities and Exchange Commission on November 2, 2023, that the Company continues to defend itself from the federal securities class suit in the United States District Court for the Southern District of Texas. In July 2021, a federal securities class action was filed against Concho, certain of Concho's officers, and ConocoPhillips as Concho’s successor in the United States District Court for the Southern District of Texas. On October 21, 2021, the court issued an order appointing Utah Retirement Systems and the Construction Laborers Pension Trust for Southern California as lead plaintiffs (Lead Plaintiffs). On January 7, 2022, the Lead Plaintiffs filed their consolidated complaint alleging that Concho made materially false and misleading statements regarding its business and operations in violation of the federal securities laws and seeking unspecified damages, attorneys' fees, costs, equitable/injunctive relief, and such other relief that may be deemed appropriate. The defendants filed a motion to dismiss the consolidated complaint on March 8, 2022. On June 23, 2023, the court denied defendants' motion as to most defendants including Concho/ConocoPhillips. The Company believes the allegations in the action are without merit and are vigorously defending this litigation. ConocoPhillips is an exploration and production company based in Texas. On January 15, 2021, it completed the acquisition of Concho Resources Inc. (Concho), an independent oil and gas exploration and production company with operations in New Mexico and West Texas focused on the Permian Basin. CONVIVE BRANDS: McAlmon Sues Over Unlawful Labor Practices ---------------------------------------------------------- NIYASHA MCALMON, on behalf of herself and all others similarly situated, Plaintiff v. CONVIVE BRANDS, LLC, and LPQ SAILBOAT POND, INC., Defendants, Case No. 160323/2023 (N.Y. Sup., New York Cty., Oct. 23, 2023) seeks damages and other legal and equitable relief against Defendants for violations of the New York State Labor Law, the New York Code of Rules and Regulations, the New York Wage Theft Prevention Act, and the New York City Administrative Code or Fair Workweek Law. The complaint alleges that Defendants committed a violation of the Fair Workweek Law each time it failed to provide a written good faith estimate to any employees hired to work in New York City and provide each employee with that employee's written work schedule 14 days in advance. The Defendant also failed to provide uniform maintenance pay or reimbursement for the cost of maintaining uniforms. The Plaintiff was employed by Defendants from approximately May 2023 through July 2023 as a fast food employee. Convive Brands, LLC operates restaurants that prepare and offer food and beverage for customer consumption.[BN] The Plaintiff is represented by: Mark Gaylord, Esq. BOUKLAS GAYLORD LLP 357 Veterans Memorial Highway Commack, NY 11725 Telephone: (516) 742-4949 E-mail: mark@bglawny.com CONVOY INC: Siu Sues Over Mass Layoffs Without Prior Notice ----------------------------------------------------------- KRISTY SIU on behalf of herself and all others similarly situated; Plaintiff v. CONVOY, INC. Defendant, Case No. 1:23-cv-01198-UNA (D. Del., Oct. 22, 2023) is a civil action brought by the Plaintiff for collection of unpaid wages and benefits from the Defendant for 60 calendar days pursuant to the Worker Adjustment and Retraining Notification Act of 1988. The Plaintiff was an employee of Defendant until she were terminated as part of, or as a result of a mass layoff and/or plant closing ordered by Defendant. As such, Defendant is liable under the WARN Act for the failure to provide Plaintiff and the other similarly situated former employees at least 60 days' advance written notice of termination, as required by the WARN Act, says the suit. Plaintiff Siu was employed by Defendant and worked at or reported to a facility located in Seattle, Washington until her termination without cause on October 19, 2023. Convoy, Inc. operates a technology-enabled trucking company.[BN] The Plaintiff is represented by: James E. Huggett, Esq. MARGOLIS EDELSTEIN 300 Delaware Avenue Suite 800 Wilmington, DE 19801 Telephone: (302) 888-1112 Facsimile: (302) 888-1119 - and - Stuart J. Miller, Esq. LANKENAU & MILLER, LLP 100 Church Street, 8th Fl New York, NY 10078 Telephone: (212) 581-5005 Facsimile: (212) 581-2122 - and - Mary E. Olsen, Esq. M. Vance McCrary, Esq. THE GARDNER FIRM, PC 182 St. Francis Street Suite 103 Mobile, AL 36602 Telephone: (251) 433-8100 Facsimile: (251) 433-8181 COSTCO WHOLESALE: Lock Sues Over Junior Managers' Unpaid Overtime ----------------------------------------------------------------- KAI LOCK, KYLE STRAKER, MICHAEL NICKICH, and on behalf of themselves and all others similarly situated, Plaintiffs v. COSTCO WHOLESALE CORPORATION, Defendant, Case No. 2:23-cv-07904 (E.D.N.Y., Oct. 23, 2023) seeks to recover Plaintiffs' unpaid overtime wages and other damages on behalf of all of Costco's Junior Managers, based on Defendant's violation of the Fair Labor Standards Act and the New York Labor Law, and appropriate rules and regulations. According to the complaint, the Plaintiffs and other similarly situated Junior Managers consistently worked over 40 hours per week without receiving premium overtime pay for all the hours they worked. The Defendant also failed to keep accurate time records for all hours worked by Plaintiffs and the Class, says the suit. Plaintiffs Lock, Straker, and Nickich were employed by the Defendant as salaried Junior Managers from June 2021 through January 2022, from 2020 through 2022, and from December 2020 through June 2022, respectively. Costco Wholesale Corporation owns and operates a chain of membership warehouses.[BN] The Plaintiffs are represented by: Troy L. Kessler, Esq. Tana Forrester, Esq. Garrett Kaske, Esq. KESSLER MATURA P.C. 534 Broadhollow Road, Suite 275 Melville, NY 11747 Telephone: (631) 499-9100 E-mail: tkessler@kesslermatura.com tforrester@kesslermatura.com gkaske@kesslermatura.com DANA INC: Fails to Provide Proper Overtime Pay, Lee Claims ---------------------------------------------------------- TYRONE LEE, on behalf of himself and all others similarly situated, Plaintiff v. DANA INCORPORATED, Defendant, Case No. 3:23-cv-02072-JJH (N.D. Ohio, Oct. 23, 2023) arises from the Defendant's practices and policies of not paying its hourly, non-exempt employees, including Plaintiff and other similarly situated employees, wages for all hours worked, including overtime compensation at the rate of one and one-half times their regular rate of pay for all the hours they worked over 40 each workweek, in violation of the Fair Labor Standards Act. The Plaintiff was employed by the Defendant as a manufacturing employee at Defendant's St. Clair, Michigan plant from approximately August 2022 through February 7, 2023. Dana Incorporated is a global manufacturer of drive train system components which operates manufacturing plants at various locations in the United States.[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 DISCORD INC: Still Charges Canceled Subscriptions, Zarecor Says --------------------------------------------------------------- ZHEA ZHEA ZARECOR as personal representative of ZHEA ZARECOR SALAZAR, on behalf of herself and all others similarly situated, Plaintiff v. DISCORD INC., Defendant, Case No. 3:23-cv-05385-AGT (N.D. Cal., Oct. 20, 2023) is a class action brought on behalf of the Plaintiff, the general public, and a class of similarly situated consumers against Discord, regarding its automatic renewal scheme with respect to its Discord Nitro subscriptions. According to the complaint, Discord cancels users' subscriptions for its Discord Nitro services on its own volition, and then continues to charge subscribers for months after the cancellation. In so doing, Discord systematically violates state automatic renewal laws, including those of California, by engaging in a pattern and practice of exploiting its members by continuing to charge them monthly fees, without consumers' consent, after their subscriptions have been canceled, says the suit. Discord, Inc. is a San Francisco, California-based company which provides software solutions.[BN] The Plaintiff is represented by: Jeffrey D. Kaliel, Esq. KALIELGOLD PLLC 1100 15th Street NW, 4th Floor Washington, D.C. 20005 Telephone: (202) 280-4783 E-mail: jkaliel@kalielpllc.com - and - Sophia G. Gold, Esq. KALIELGOLD PLLC 950 Gilman Street, Suite 200 Berkeley, CA 94710 Telephone: (202) 350-4783 E-mail: sgold@kalielgold.com - and - Scott Edelsberg, Esq. EDELSBERG LAW, P.A. 1925 Century Park East, Suite 1700 Los Angeles, CA 90067 Telephone: (305) 975-3320 E-mail: scott@edelsberglaw.com E&E TRUCK: Villareal Sues Over Unpaid Wages and Retaliation ----------------------------------------------------------- LUIS VILLAREAL, individually and on behalf of all others similarly situated, Plaintiff v. E&E TRUCK & TRAILER REPAIR, INC. and EVELIO PRIETO, Defendants, Case No. 2:23-cv-21331 (D.N.J., Oct. 20, 2023) is an action seeking equitable and legal relief for Defendants' violations of the Fair Labor Standards Act, the New Jersey Wage and Hour Law, the New Jersey Wage Payment Law, and the New Jersey Conscientious Employee Protection Act. The complaint alleges Defendants' failure to pay Plaintiff and the FLSA Collective Plaintiffs the required overtime wages, failure to pay minimum wages in compliance with the law, failure to timely pay wages, and engagement in unlawful retaliation. The Plaintiff was employed by the Defendants as an auto mechanic from May 1, 2006 until August 27, 2022. E&E Truck & Trailer Repair, Inc. provides mechanic and auto-repair services. It serves customers and orders supplies within New Jersey and also from out of state.[BN] The Plaintiff is represented by: Nicole Grunfeld, Esq. KATZ MELINGER PLLC 370 Lexington Avenue, Suite 1512 New York, NY 10017 Telephone: (212) 460-0047 Facsimile: (212) 428-6811 E-mail: ndgrunfeld@katzmelinger.com EATING RECOVERY: Faces Suit Over Disclosure of Private Medical Info ------------------------------------------------------------------- JANE DOE, individually and on behalf of a class of similarly situated individuals, Plaintiff v. EATING RECOVERY CENTER LLC, Defendant., Case No. 3:23-cv-05561-LB (N.D. Cal., October 27, 2023) asserts claims against the Defendant Eating Recovery Center for unjust enrichment and for violations of the California Invasion of Privacy Act and the California's Confidentiality of Medical Information Act. ERC is a health care provider offering virtual and in-person treatment for eating disorders and mental disorders. Through its websites, users can access, schedule, or learn about these services and do things like take diagnostic quizzes or research symptoms, conditions, and treatment through the internal search bar. When conducting many of these actions, users communicate private and medical information to ERC and reasonably assume ERC protects this information. Unbeknownst to users, ERC has embedded the MetaPixel on its websites, which is a snippet of code that enables Meta to intercept communications between users and ERC in real time, the suit alleges. ERC is a health care provider offering virtual and in-person treatment for eating disorders and mental disorders. [BN] The Plaintiff is represented by: Daniel J. Mogin, Esq. Timothy Z. LaComb, Esq. MOGINRUBIN LLP 600 West Broadway, Suite 3300 San Diego, CA 92101 Telephone: (619) 687-6611 Facsimile: (619) 687-6610 E-mail: dmogin@moginrubin.com tlacomb@moginrubin.com - and - Don Bivens, Esq. DON BIVENS PLLC 15169 N. Scottsdale Road, Suite 205 Scottsdale, AZ 85254 Telephone: (602) 708-1450 E-mail: don@donbivens.com ENGAGESMART INC: Franchi Sues Over Breaches of Fiduciary Duty ------------------------------------------------------------- ANTHONY FRANCHI, Plaintiff v. ENGAGESMART, INC., ROBERT BENNETT, DEBORAH DUNNAM, MATTHEW HAMILTON, DAVID MANGUM, PRESTON MCKENZIE, RAPH OSNOSS, DIEGO RODRIGUEZ, PAUL G. STAMAS, GENERAL ATLANTIC (IC), L.P., GENERAL ATLANTIC (IC) SPV, L.P., VISTA EQUITY PARTNERS MANAGEMENT, LLC, VISTA EQUITY PARTNERS FUND VIII, L.P., ICEFALL PARENT, LLC, and ICEFALL MERGER SUB, INC., Defendants, Case No. 2023-1093 (IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, October 27, 2023) is a class action brought by the Plaintiff asserting claims against the Defendants for breaches of EngageSmart's Amended and Restated Certificate of Incorporation, tortious interference with that contract, breaches of fiduciary duty, and aiding-and-abetting those breaches of fiduciary duty. General Atlantic, EngageSmart's controlling stockholder, seeks an unfair, second control premium and entered into a merger agreement with Vista that will see Plaintiff and other public stockholders cashed out for $23 per share while General Atlantic will roll over a substantial portion of its equity in exchange for 35% of the post-closing private entity. Because the merger agreement treats the common shares owned by public stockholders differently than the common shares owned by General Atlantic, it violates the Equal-Treatment Provision. Furthermore, Plaintiff brings this action to enjoin the closing of the transaction unless and until Defendants comply with the Equal-Treatment Provision, says the suit. Headquartered in Massachusetts, EngageSmart is a Delaware corporation that provides vertically tailored customer engagement software and integrated payments solutions. [BN] The Plaintiff is represented by: Ned Weinberger, Esq. Mark Richardson, Esq. LABATON SUCHAROW LLP 222 Delaware Ave., Suite 1510 Wilmington, DE 19801 Telephone: (302) 573-2540 E-mail: nweinberger@labaton.com mrichardson@labaton.com - and - Kimberly A. Evans, Esq. Robert Erikson, Esq. BLOCK & LEVITON LLP 3801 Kennett Pike, Suite C-305 Wilmington, DE 19807 Telephone: (302) 499-3600 E-mail: kim@blockleviton.com robby@blockkleviton.com - and - John Vielandi, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 - and - Jeremy Friedman, Esq. David Tejtel, Esq. Christopher Windover, Esq. FRIEDMAN OSTER & TEJTEL PLLC 493 Bedford Center Road, Suite 2D Bedford Hills, NY 10507 Telephone: (888) 529-1108 - and - Joel Fleming, Esq. BLOCK & LEVITON LLP 260 Franklin Street, Suite 1860 Boston, MA 02110 Telephone: (617) 398-5600 FARFETCH LTD: Faces Ragan Suit Over Decline in Share Price ---------------------------------------------------------- MICHAEL RAGAN, individually and on behalf of all others similarly situated, Plaintiff v. FARFETCH LIMITED, JOSE NEVES, ELLIOT JORDAN, and STEPHANIE PHAIR, Defendants, Case No. 8:23-cv-02857-TDC (D. Md., Oct. 20, 2023) is a federal securities class action on behalf of the Plaintiff and a class consisting of all persons and entities other than Defendants that purchased or otherwise acquired Farfetch securities between March 9, 2023 and August 17, 2023, both dates inclusive, seeking to recover damages caused by Defendants' violations of the federal securities laws and to pursue remedies under the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, against the Company and certain of its top officials. Throughout the Class Period, the Defendants made materially false and misleading statements regarding the Company's business, operations, and prospects. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Farfetch was experiencing a significant slowdown in growth in the U.S. and China; (ii) Farfetch also faced onboarding challenges impacting the launch of its Reebok partnership; (iii) Farfetch downplayed challenges it faced with respect to, and/or overstated its ability to manage, its supply chain and inventory; (iv) all the foregoing was having a significant negative impact on Farfetch's revenue and gross merchandise value growth; (v) accordingly, Farfetch was unlikely to meet market expectations for its Q2 2023 financial results or its own FY 2023 revenue guidance; and (vi) as a result, the Company's public statements were materially false and misleading at all relevant times, says the suit. On August 18, 2023, media outlets reported that multiple analysts had downgraded Farfetch based on its poor Q2 2023 results and disappointing guidance for FY 2023. Following these developments, Farfetch's Class A ordinary share price fell $2.15 per share, or 45.17%, to close at $2.61 per share on the same day. As a result of Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, Plaintiff and other Class members have suffered significant losses and damages, the suit asserts. Farfetch Ltd. operates a global platform for the luxury fashion industry.[BN] The Plaintiff is represented by: Daniel S. Sommers, Esq. S. Douglas Bunch, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue N.W. Suite 500, East Tower Washington, DC 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 E-mail: dsommers@cohenmilstein.com dbunch@cohenmilstein.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (917) 463-1044 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com FORD MOTOR: Faces Soehnlein Suit Over Vehicles' Transmission Defect ------------------------------------------------------------------- MARK SOEHNLEIN, TERESSA KOHMAN, and RICHARD BUNGER, individually and on behalf of all others similarly situated, Plaintiffs v. FORD MOTOR COMPANY, Defendant, Case No. 1:23-cv-09262 (S.D.N.Y., Oct. 20, 2023) is a class action against the Defendant for breach of express warranty, breach of implied warranty, negligence, unjust enrichment, and violations of the Magnuson-Moss Warranty Act and the New York General Business Law. The Plaintiffs bring this case individually and on behalf of all similarly situated persons who purchased or leased a Ford vehicle equipped with a 10R80 10-speed transmission that was designed, manufactured, distributed, advertised, marketed, sold, and/or leased by Ford or Ford’s parent, subsidiary, or affiliates. According to the complaint, Ford knew or should have known the Vehicles contain one or more design and/or manufacturing defects, including but not limited to defects contained in the Vehicles' 10R80, a 10-speed automatic transmission that can shift harshly and erratically, causing the vehicle to jerk, lunge, clunk, hesitate, surge, or slip between gears. Nevertheless, Ford failed to disclose this defect to Plaintiffs and Class Members at the time of purchase or lease, or thereafter. This common design and/or manufacturing defect in Ford's 10R80 Transmissions is a potentially life-threatening safety issue, and Ford has refused to recall or replace the defective, says the suit. As a result of their reliance on Ford's omissions and/or misrepresentations, Plaintiffs, and other owners and/or lessees of the Class Vehicles have suffered ascertainable loss of money, property, and/or loss in value of their Class Vehicles, the suit alleges. Ford Motor Company is an American multinational automobile manufacturer headquartered in Dearborn, Michigan.[BN] The Plaintiffs are represented by: Tyler Litke, Esq. Mitchell Breit, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 405 E. 50th Street New York, NY 10022 Telephone: (212) 946-9306 E-mail: tlitke@milberg.com mbreit@milberg.com - and - Luis Munoz, Esq. John R. Fabry, Esq. THE CARLSON LAW FIRM, P.C. 1717 N. Interstate Highway 35, Suite 305 Round Rock, TX 78664 Telephone: (512) 671-7277 Facsimile: (512) 238-0275 E-mail: lmunoz@carlsonattorneys.com JFabry@carlsonattorneys.com - and - Mark R. Miller, Esq. WALLACE MILLER LLP 150 N. Wacker Dr., Suite 1100 Chicago, IL 60606 Telephone: (312) 589-6280 Facsimile: (312) 275-8174 E-mail: mrm@wallacemiller.com FROM YOU FLOWERS: Abrego Sues Over False Discount Ads ----------------------------------------------------- MARIA ABREGO, individually and on behalf of all others similarly situated, Plaintiff v. FROM YOU FLOWERS, LLC, Defendant, Case No. 5:23-cv-02204-AB-KK (C.D. Cal., October 26, 2023) arises from the Defendant's fake sales or discounts offered on its website and asserts claims against the Defendant for breach of contract, breach of express warranty, quasi-contract, negligent misrepresentation, intentional misrepresentation, and for violations of California's False Advertising Law, Consumer Legal Remedies Act, and Unfair Competition Law. Among other things, the Defendant allegedly made false or misleading statements of fact concerning the existence of and amounts of price reductions, including the existence of steep discounts and the amounts of price reductions resulting from those discounts. Headquartered in Old Saybrook, CT, From You Flowers, LLC sells and markets flower and fruit arrangement products online through the From You Flowers website, www.fromyouflowers.com. [BN] The Plaintiff is represented by: Christin Cho, Esq. Simon Franzini, Esq. Grace Bennett, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 Facsimile: (310) 656-7069 E-mail: christin@dovel.com simon@dovel.com grace@dovel.com G & A BAKING: Luna Sues Over Miscalculated Wages ------------------------------------------------ IVAN LUNA, individually and on behalf of all others similarly situated, Plaintiff v. G & A BAKING COMPANY, LLC, a Michigan limited liability company, Defendant, Case No. 2:23-cv-12718-JEL-KGA (E.D. Mich., October 26, 2023) seeks to recover unpaid overtime compensation, liquidated damages, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act. The Plaintiff was employed with Defendant from approximately July 2023 through September 6, 2023 as a non-exempt, hourly employee. Allegedly, the Defendant failed to incorporate any shift differentials into its hourly employees' regular hourly rate calculation, resulting in prima facie violations of the FLSA. Located at 26986 Trolley Industrial Drive, Taylor, MI, G & A Baking Company is a Michigan limited liability company that produces commercIal and artisan bread products for restaurant and food service industry. [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 E-mail: jyoung@sommerspc.com - and - Kevin J. Stoops, Esq. SOMMERS SCHWARTZ, P.C. One Town Square, 17th Floor Southfield, MI 48076 Telephone: (248) 355-0300 E-mail: kstoops@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 E-mail: jm@melmedlaw.com lms@melmedlaw.com INTERNAL HEALTH: Fails to Provide Proper Wages, Taylor Claims ------------------------------------------------------------- LINDA TAYLOR, individually, and on behalf of herself and others similarly situated, Plaintiff v. INTERNAL HEALTH AND MEDICAL SERVICES, LLC, a Tennessee Limited Liability Company, Defendant, Case No. 2:23-cv-02663 (W.D. Tenn., Oct. 20, 2023) is a collective action for violations of the Fair Labor Standards Act brought against the Defendant on behalf of Plaintiff, individually, and on behalf of herself and other similarly situated who were employed by Defendant during the three years preceding the filing of this complaint. The Plaintiff and potential Plaintiffs were employed by Defendant as hourly-paid health care employees (nurse practitioners and medical assistants). The Plaintiff asserts that Defendant has refused to pay her any wages, both minimum wages and overtime, for the work she performed during her employment. Internal Health and Medical Services, LLC is a primary care healthcare provider.[BN] The Plaintiff is represented by: J. Russ Bryant, Esq. JACKSON SHIELDS YEISER HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: rbryant@jsyc.com KYBENCO DISPOSALS: Fails to Pay Overtime Premiums, Goleman Claims ----------------------------------------------------------------- Austin Goleman, individually and on behalf of all others similarly situated, Plaintiff v. Kybenco Disposals, LLC, Defendant, Case No. 5:23-cv-00978-JD (W.D. Okla., October 26, 2023) arises from the Defendant's labor practices that violated the Fair Labor Standards Act and the Portal-to-Portal Act. Plaintiff Goleman was employed by the Defendant as a saltwater disposal operator on or about February 1, 2023 to October 20, 2023. He was paid on a day rate basis and routinely worked in excess of 40 hours per workweek for Defendant. The Plaintiff’s weekly work schedule typically encompassed about 48 to 60 hours per week. However, Defendant did not pay Plaintiff time and one-half the regular rate of pay for all hours worked over 40 during each and every workweek, says the Plaintiff. Located in Lindsay, OK, Kybenco Disposals is a limited liability company engaged in oil and/or natural gas production. [BN] The Plaintiff is represented by: Ricardo J. Prieto, Esq. Melinda Arbuckle, Esq. WAGE AND HOUR FIRM 5050 Quorum Drive, Suite 700 Dallas, TX 75254 Telephone: (214) 489-7653 Facsimile: (469) 319-0317 E-mail: rprieto@wageandhourfirm.com marbuckle@wageandhourfirm.com LAKELAND COMMUNITY: Golden Sues Over Alleged Privacy Breach ----------------------------------------------------------- DESIREE GOLDEN, individually and on behalf of all others similarly situated, Plaintiff v. LAKELAND COMMUNITY COLLEGE, Defendant, Case No. 1:23-cv-02109-CEF (N.D. Ohio, October 26, 2023), arises from the Defendant's failure to properly secure and safeguard the personally identifiable information of former and current students, employees, and applicants for admission or employment that was stored on the Defendant's network. Plaintiff asserts claims against the Defendant for negligence, breach of implied contract, and unjust enrichment. Based on Defendant's investigation, there was an unauthorized access to its network that occurred between March 7, 2023 and March 31, 2023 and that PII was compromised in the Data Breach included Plaintiff's and approximately 285,000 other individuals' information. Located at 7700 Clocktower Drive, Kirtland, OH, Lakeland Community College provides more than 135 associate degree and technical certificate programs. [BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com MAV BEAUTY: Nersisyan Sues Over Misleading Product Labeling ----------------------------------------------------------- DAVIT NERSISYAN, individually and on behalf of all others similarly situated, Plaintiff v. MAV BEAUTY BRANDS, INC., MARC ANTHONY COSMETICS, INC. and RENPURE, LLC, Defendants, Case No. 2:23-cv-09035 (C.D. Cal., October 26, 2023) alleges claims against the Defendants for breach of warranty, unjust enrichment, and for violations of California's Unfair Competition Law, the False Advertising Law, and the Consumers Legal Remedies Act in connection with its false and misleading labels and packages of certain of its Renpure brand hair care products. The Defendants allegedly made "plant-based representations" of their products' labels and misled reasonable consumers, including Plaintiff, to incorrectly believe that the said products are only composed of natural plants and water ingredients. However, contrary to the labeling, the Products contain numerous ingredients that do not come from plants or water, and instead, are artificial and/or synthetic, says the suit. Headquartered in Vaughan, Ontario, MAV Beauty Brands, Inc., MAV is one of the owners, manufacturers, marketers, and/or distributors of the Renpure brand hair care products. [BN] The Plaintiff is represented by: Ryan J. Clarkson, Esq. Katherine A. Bruce, Esq. Kelsey J. Elling, 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 kbruce@clarksonlawfirm.com kelling@clarksonlawfirm.com MAY WEST: Harold and Sutton Sue Over Unlawful Labor Practices ------------------------------------------------------------- MARQUEL HAROLD and DALLAS SUTTON, on behalf of themselves and all similarly situated employees, Plaintiffs v. MAY WEST and ALMOST FAMOUS SALOON, LLC d/b/a FAMOUS NASHVILLE, Defendants, Case No. 3:23-cv-01133 (M.D. Tenn., October 26, 2023) seeks to recover unpaid wages, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act of 1938 and to recover damages on behalf of themselves and similarly situated current and former employees under Tennessee common law. Plaintiff Harold worked for Defendants at Famous Nashville from approximately April 2021 until March 2023 in roles including head of security and assistant general manager, while Plaintiff Sutton worked from approximately February 2022 until January 2023 as a bartender and server and as event staff. Allegedly, the Defendants failed to satisfy the FLSA's requirements for utilizing the tip credit to meet their minimum-wage and overtime obligations to their tipped employees, such as Sutton. In addition, the Defendants also required Plaintiff Sutton and other tipped employees to provide their own uniforms and tools of the trade without reimbursement, says the suit. May West previously owned and operated Famous Nashville, a live music venue, rooftop bar, and restaurant located at 110 2nd Ave. N, Nashville, TN. The Plaintiffs are represented by: Charles P. Yezbak, III, Esq. Melody Fowler-Green, Esq. N. Chase Teeples, Esq. YEZBAK LAW OFFICES PLLC P.O. Box 159033 Nashville, TN 37215 Telephone: (615) 250-2000 Facsimile: (615) 250-2020 E-mail: yezbak@yezbaklaw.com mel@yezbaklaw.com teeples@yezbaklaw.com MCLAREN HEALTH: Failed to Secure Private Health Info, Wells Says ---------------------------------------------------------------- Tamyra Wells, individually and on behalf of all others similarly situated, Plaintiff v. McLaren Health Care Corporation, Defendant, Case No. 2:23-cv-12650-JJCG-EAS (E.D. Mich., Oct. 20, 2023) is a class action arising from the October 2023 ransomware attack and data breach due to McLaren's failure to implement reasonable and industry standard data security practices. McLaren collected and maintained certain personally identifiable information and/or protected health information of Plaintiff and the putative Class Members who are (or were) patients at McLaren. The Plaintiff brings this class action lawsuit on behalf of all those similarly situated to address Defendant's inadequate safeguarding of Class Members' private information that it collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access by an unknown third party and precisely what specific type of information was accessed. Through this complaint, Plaintiff seeks to remedy these harms on behalf of herself and all similarly situated individuals whose private information was accessed during the data breach, says the suit. McLaren Health Care Corporation is an integrated health care delivery system.[BN] The Plaintiff is represented by: Nick Suciu, III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 6905 Telegraph Rd., Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 E-mail: nsuciu@milberg.com - and - James J. Pizzirusso, Esq. Amanda V. Boltax, Esq. HAUSFELD LLP 888 16th Street N.W. Suite 300 Washington, D.C. 20006 Telephone: (202) 540-7200 Email: jpizzirusso@hausfeld.com mboltax@hausfeld.com - and - Steven M. Nathan, Esq. HAUSFELD LLP 33 Whitehall Street, Suite 1400 New York, NY 10004 Telephone: (646) 357-1100 E-mail: snathan@hausfeld.com MOUNT SINAI: Cooper et al. Sue Over Disclosure of Private Info -------------------------------------------------------------- RONDA COOPER, CORAL FRASER, DAVID GITLIN and GILBERT MANDA, on behalf of themselves and all others similarly situated, Plaintiffs v. MOUNT SINAI HEALTH SYSTEM, INC., Defendant, Case No. 1:23-cv-09485 (S.D.N.Y., October 27, 2023) alleges claims against the Defendant for invasion of privacy, breach of contract, breach of fiduciary duty, unjust enrichment, breach of implied contract, breach of confidence, bailment, and for violations of the New York Deceptive Trade Practices Act, the Electronic Communications Privacy Act, and the Computer Fraud and Abuse Act. According to the complaint, Defendant Mount Sinai systematically violates its patients' medical privacy rights, exposing their highly sensitive information to third parties without their knowledge or consent. Designed by Epic Software Systems, the Defendant's patient portal, MyChart, has embedded custom analytics scripts, such as Facebook Pixel and Google Analytics, which are all for the transmission of personal identifiable information, including medical and health-related information and communications to third parties, the suit says. Headquartered in New York, NY, Mount Sinai is a registered non-profit entity and is one of the oldest and largest teaching hospitals in the United States, with eight hospital campuses and thirteen free-standing joint venture centers. [BN] The Plaintiffs are represented by: James J. Bilsborrow, Esq. WEITZ & LUXENBERG, PC 700 Broadway New York, NY 10003 Telephone: (212) 558-5500 E-mail: jbilsborrow@weitzlux.com - and - Elena A. Belov, Esq. David S. Almeida, Esq. ALMEIDA LAW GROUP LLC 849 W. Webster Avenue Chicago, IL 60614 Telephone: (312) 576-3024 E-mail: david@almeidalawgroup.com elena@almeidalawgroup.com NEXT NET MEDIA: Swartz Seeks Unpaid Minimum, Overtime Wages ----------------------------------------------------------- JENNIFER SWARTZ, individually and on behalf of all persons similarly situated, Plaintiff v. NEXT NET MEDIA, LLC, d/b/a The Hoth; CLEARVIEW CAPITAL, LLC Defendants, Case No. 3:23-cv-21349 (D.N.J., Oct. 20, 2023) seeks all available relief under the Fair Labor Standards Act and the Michigan Improved Workforce Opportunity Wage Act arising from the Defendants' alleged unlawful labor practices. The complaint alleges that Defendants knowingly failed to compensate Plaintiff and the FLSA Class with wages of at least the federal minimum wage and with overtime premium pay for each hour of overtime worked in excess of 40 hours per week. The Plaintiff was employed by Defendants as a content creator from approximately April 2019 through approximately September 2023 and during this time period worked remotely for Defendants from her residence in Michigan. Next Net Media, LLC owns the online content creation and marketing brand property, "The Hoth."[BN] The Plaintiff is represented by: James E. Goodley, Esq. Ryan P. McCarthy, Esq. GOODLEY MCCARTHY LLC 1650 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 394-0541 E-mail: james@gmlaborlaw.com ryan@gmlaborlaw.com NIRC INC: Faces Jaycox Suit Over Unlawful Labor Practices --------------------------------------------------------- CARRIE JAYCOX, individually, and on behalf of others similarly situated, Plaintiff v. NIRC, INC. and, RUSSELL FADEN, Defendants, Case No. 1:23-cv-01310-FJS-DJS (N.D.N.Y., October 26, 2023) seeks recovery of unpaid wages, overtime and straight time wages, unpaid "spread of hours" premium compensation, liquidated damages, pre- and post-judgment interest, and attorneys' fees and costs under Fair Labor Standards Act and the New York Labor Law. The Plaintiff worked for Defendants as an hourly-paid sandwich artist/maker and manager from approximately August 26, 2022, through approximately February 18, 2023. Among other things, she was subjected to the Defendants' company-wide policy of automatically deducting 30 minutes of pay for meal breaks irrespective of whether their workers worked through their shifts and did not receive uninterrupted bona fide meal breaks, says the Plaintiff. With principal address at 29 Liz Ann Drive, Saratoga Springs, NY, NIRC Inc. operates Subway restaurants in New York. [BN] The Plaintiff is represented by: Jason T. Brown, Esq. Edmund C. Celiesius, Esq. BROWN, LLC 111 Town Square Place, Suite 400 Jersey City, NJ 07310 Telephone: (877) 561-0000 Facsimile: (855) 582-5297 E-mail: jtb@jtblawgroup.com ed.celiesius@jtblawgroup.com NUANCE COMMUNICATIONS: Lacks Personal Data Security, Farrar Says ---------------------------------------------------------------- KAYLA FARRAR, individually and on behalf of all others similarly situated, Plaintiff v. NUANCE COMMUNICATIONS, INC., Defendant, Case No. 1:23-cv-12561 (D. Mass., October 27, 2023) arises from the Defendant's inadequate data security, which caused the personal information of Plaintiff and those similarly situated to be exfiltrated by unauthorized access by cybercriminals between May 28 and May 29, 2023. After the Data Breach, the Defendant failed to provide timely notice to the affected Plaintiff and Class Members--thereby exacerbating their injuries. Ultimately, the Defendant deprived Plaintiff and Class Members of the chance to take speedy measures to protect themselves and mitigate harm. In addition, the Defendant's Breach Notice letter, as well as its website notice, both omit the size and scope of the breach, says the suit. The Plaintiff alleges claims against the Defendant for negligence, negligence per se, and unjust enrichment. Headquartered in Burlington, MA, Nuance is an American multinational computer software technology corporation owned by Microsoft that develops and markets speech recognition and artificial intelligence software. [BN] The Plaintiff is represented by: Garret D. Lee, Esq. MORGAN & MORGAN 155 Federal Street, Suite 1502 Boston, MA 02110 Telephone: (857) 383-4906 Facsimile: (813) 223-5402 E-mail: glee@forthepeople.com - and - John A. Yanchunis, Esq. Ra O. Amen, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 North Franklin Street 7th Floor Tampa, FL 33602 Telephone: (813) 223-5505 Facsimile: (813) 223-5402 E-mail: JYanchunis@forthepeople.com Ramen@forthepeople.com OTSUKA AMERICA: Fails to Pay Overtime Premiums, Caston Suit Claims ------------------------------------------------------------------ ASHLEY CASTON, individually and on behalf all others similarly situated, Plaintiff v. OTSUKA AMERICA PHARMACEUTICAL, INC., Defendant, Case No. CACE-23-020381 (Fla. Cir., 17th Judicial, Broward Cty., October 27, 2023) arises from the Defendant's failure to properly compensate its sales representatives while they are engaged in training and product certification onboarding in violation of the Fair Labor Standards Act. Pursuant to corporate policy, the Defendant classified its sales representatives as exempt from the overtime pay requirements of the FLSA, including while they are engaged in training. As a result, the Defendant's failed to pay its sales representatives overtime premium compensation for hours worked over 40 in a single workweek, says the suit. Otsuka is a healthcare company that creates products to treat medical conditions. According to its website, Otsuka's product specialties include neuroscience, digital innovation, nephrology, oncology, and medical devices. [BN] The Plaintiff is represented by: Gregg I. Shavitz, Esq. Paolo C. Meireles, Esq. Tamra C. Givens, Esq. SHAVITZ LAW GROUP, P.A. 951 Yamato Road, Suite 285 Boca Raton, FL 33431 Telephone: (561) 447-8888 Facsimile: (561) 447-8831 PEPSICO INC: Website Inaccessible to Blind Users, Martinez Says --------------------------------------------------------------- PEDRO MARTINEZ, on behalf of himself and all other persons similarly situated, Plaintiff v. PEPSICO, INC., Defendant, Case No. 530496/2023 (N.Y. Sup., Kings Cty., Oct. 20, 2023) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, snacks.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law. The Plaintiff browsed and intended to make an online purchase of the Megan X Cheetos Flamin' Hot Crunchy Cheese Flavored Snacks and the Variety Pack on snacks.com. However, unless Defendant remedies the numerous access barriers on its website, Plaintiff will continue to be unable to independently navigate, browse, use, and complete a transaction on snacks.com. By failing to make the website accessible to blind persons, Defendant is violating basic equal access requirements under both state and city law, says the suit. PepsiCo, Inc. is an American multinational food, snack, and beverage corporation headquartered in Harrison, New York.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Telephone: (917) 373-9128 E-mail: ShakedLawGroup@Gmail.com PHILADELPHIA FIREFIGHTERS: Misled Firefighters on Pension Benefits ------------------------------------------------------------------ JOSEPH FARRELL and PATRICK VIOLA, Plaintiffs v. PHILADELPHIA FIREFIGHTERS' AND PARAMEDICS' UNION, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 22 and CITY OF PHILADELPHIA, Defendants, Case No. 231002999 (Ct. Com. Pl., Philadelphia Cty., October 27, 2023) is a class action seeking to address the Union's concealment of increased pension benefits available to firefighters and paramedics employed by the City of Philadelphia. The Plaintiffs and proposed class members were unable to discover these increased pension benefits and the Union's concealment of them until at least November of 2021. For decades, the Union and its officials have urged rank-and-file members to not sell back unused vacation time. In addition, the Union's officials claimed that selling back vacation time could cause the City to seek the elimination or curtailment of that benefit. Moreover, the Defendants' actions concealed the increased pension benefits of vacation sellbacks and caused Plaintiffs and proposed class members not to maximize their unused vacation sellbacks until their retirement or DROP enrollment, says the suit. Local 22 is a labor organization with a principal place of business at 415 North 5th Street, Philadelphia, PA 19123-4095. [BN] The Plaintiffs are represented by: Logan M. Hetherington, Esq. THE FAIRNESS CENTER 500 North Third Street, Suite 600B Harrisburg, PA 17101 Telephone: (844) 293-1001 E-mail: lmhetherington@fairnesscenter.org PRESIDENTIAL STAFFING: Misclassifies Nurses, Olabinjo Says ---------------------------------------------------------- BOLAJI OLABINJO, individually and on behalf of all others similarly situated, Plaintiff V. PRESIDENTIAL STAFFING SOLUTIONS, LLC, Defendant, Case No. 5:23-cv-01335 (W.D. Tex., Oct. 20, 2023) arises from the Defendant's violation of the Fair Labor Standards Act by failing to pay Plaintiff and other non-exempt employees for all hours in excess of 40 in a workweek at one and one-half times their regular rate. According to the complaint, the Defendant required Plaintiff Olabinjo to work more than 40 hours in a work week as a nurse. The Defendant misclassified Plaintiff as an independent contractor and paid her the same hourly rate for her regular and overtime hours. The Defendant also misclassified other nurses and healthcare workers as independent contractors and likewise denied them their proper overtime compensation, says the suit. The Plaintiff worked for Defendant as a registered nurse from April of 2021 to September of 2023. Presidential Staffing Solutions, LLC is a staffing company that primarily sources health care workers to various hospitals and medical centers.[BN] The Plaintiff is represented by: Beatriz-Sosa Morris, Esq. SOSA-MORRIS NEUMAN, PLLC 5612 Chaucer Drive Houston, TX 77005 Telephone: (281) 885-8844 Facsimile: (281) 885-8813 E-mail: BSosaMorris@smnlawfirm.com RIVERBAY CORP: Gregory et al. Sue Over Labor Law Violations ----------------------------------------------------------- MILTON GREGORY, ANGEL RIVERA, CARL WRIGHT, and JOEL LUGO, on behalf of themselves and others similarly situated, Plaintiffs v. RIVERBAY CORP., and RESIDENTIAL MANAGEMENT GROUP LLC d/b/a DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Defendants, Case No. 1:23-cv-09481 (S.D.N.Y., October 27, 2023) seeks to recover unpaid wages, unpaid overtime compensation, and liquidated damages under the Fair Labor Standards Act and New York Labor Law. One of the Plaintiffs, Milton Gregory, has been employed by Defendants as a Sergeant (officer) from January 2012 through the present. Allegedly, the Defendants have implemented systemic policy of intentionally misclassifying officers, including Plaintiffs, as exempt and unlawfully denying them any and all overtime wages and even failing to pay them for all hours worked. As a result, Plaintiffs are never paid at one and one-half times their regular rates of pay for any hours worked over 40 in a workweek, says the suit. Headquartered in New York, Riverbay is a privately held company that currently manages 15,372 residential units in 35 high-rise buildings and seven townhouse clusters consisting of garden and duplex apartments. The company manages the Co-op City, which is the largest residential housing development in the United States and located in the Baychester section of the borough of the Bronx in northeast New York City. [BN] The Plaintiffs are represented by: Innessa M. Huot, Esq. Shawn R. Clark, Esq. FARUQI & FARUQI, LLP 685 Third Avenue, 26th Floor New York, NY 10017 Telephone: (212) 983-9330 Facsimile: (212) 983-9331 E-mail: ihuot@faruqilaw.com sclark@faruqilaw.com ROSS STORES: Lyle Sues Over Failure to Pay Proper Overtime ---------------------------------------------------------- JACQUELINE LYLE, individually, and on behalf of herself and other similarly situated current and former employees, Plaintiff v. ROSS STORES, INC., Defendant, Case No. 3:23-cv-01114 (M.D. Tenn., Oct. 23, 2023) is brought against the Defendant as a multi-plaintiff action under the Fair Labor Standards Act to recover unpaid overtime compensation and other damages owed to Plaintiff and potential plaintiffs. Plaintiff Lyle was employed by Defendant as a full-time hourly-paid employee. She asserts that Defendant had a common practice of failing to pay her and potential plaintiffs for all hours worked over 40 per week within weekly pay periods at one and one-half times their regular hourly rates of pay. Ross Stores, Inc. owns, operates and manages numerous Ross Dress for Less stores in Tennessee and 40 other states in the U.S.[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@jsyc.com STUDY.COM LLC: Discloses Personal Info to Facebook, Lacasse Says ---------------------------------------------------------------- JENNIFER LACASSE, individually and on behalf of all others similarly situated, Plaintiff v. STUDY.COM, LLC, Defendant, Case No. 1:23-cv-24026 (S.D. Fla., Oct. 23, 2023) is a class action under the Video Privacy Protection Act arising from Defendant's practice of knowingly disclosing to Meta Platforms, Inc. or Facebook information which identifies Plaintiff and the putative Class Members as having requested or obtained specific video materials or services from Defendant. According to the complaint, the Defendant embedded within its website a "Meta Pixel" that was provided to Defendant by Facebook. That pixel tracked Plaintiff's and the Class Members' video viewing history while on Defendant's website and reported the viewing history to Facebook along with Plaintiff's and the Class Members' unique Facebook Identification numbers. The Defendant's unlawful conduct caused Plaintiff and the Class Members concrete harm and injuries, including violations of their substantive legal privacy rights under the VPPA and invasion of their privacy, says the suit. Plaintiff Lacasse has been a Facebook subscriber during the relevant time period. Additionally, Plaintiff has used a digital subscription to view video content on Defendant's website while logged into the Facebook account. Study.com, LLC offers an online education platform.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street Suite 1744 Ft. Lauderdale, FL 33301 - and - Manuel Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Blvd., Suite 1400 Fort Lauderdale, FL 33301 Telephone: (305) 336-7466 E-mail: mhiraldo@hiraldolaw.com - and - Michael Eisenband, Esq. EISENBAND LAW. P.A. 515 E las Olas Blvd., Ste 120 Fort Lauderdale, FL 33301 Telephone: (954) 533-4092 E-mail: MEisenband@Eisenbandlaw.com SUNPOWER CORP: Craven Sues Over Securities Law Breaches ------------------------------------------------------- JACOB W. CRAVEN, individually and on behalf of all others similarly situated, Plaintiff v. SUNPOWER CORPORATION, PETER FARICY, GUTHRIE DUNDAS, and ELIZABETH EBY, Defendants, Case No. 3:23-cv-05544 (N.D. Cal., October 27, 2023) alleges violations of the Securities Exchange Act of 1934 and Ruleb-5 promulgated by the Securities and Exchange Commission. The Plaintiff brings claims against the Defendants for such violations on behalf of the class of persons and entities that purchased or otherwise acquired the securities of SunPower Corporation between March 9, 2023 and October 24, 2023. Allegedly, the Defendants misled investors by failing to disclose that, among other things, due to a material weakness in its internal control over financial reporting, the company had inaccurately reported cost of revenue and inventory metrics and it was reasonably likely to incur significant charges to restate prior reporting. Moreover, the Defendants' positive statements about the company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis, says the suit. Headquartered in Richmond, CA, SunPower provides solar technology and energy services. Its common stock trades on the NASDAQ under the symbol "SPWR." [BN] The Plaintiff is represented by: Jacob A. Walker, Esq. BLOCK & LEVITON LLP 400 Concar Drive San Mateo, CA 94402 Telephone: (650) 781-0025 E-mail: jake@blockleviton.com UNIVERSAL CITY: Faces Parker Suit Over Misleading Film Ad --------------------------------------------------------- JOHN PARKER, individually and on behalf of all others similarly situated, Plaintiff v. UNIVERSAL CITY STUDIOS LLC, Defendant, Case No. 23SF-CC00205 (Mo. Cir., St. Francois Cty., Oct. 23, 2023) is a class action against the Defendant for fraud, unjust enrichment, and violation of the Missouri Merchandising Practices Act arising from its misleading advertising and marketing of the film "Yesterday." According to the complaint, Plaintiff paid to view the film expecting it would include Cuban-born actress Ana de Armas and the scene in the Beatles' 1969 album Abbey Road and hit song, "Something," but neither appeared in the film. The Defendant misrepresented that De Armas and the "Something" scene were in the movie for the express purpose of inducing Plaintiff and class members to pay to view the film, and/or pay a substantial price premium, in part based on the public familiarity with the actress, says the suit. As a result of Defendant's misrepresentations and omissions, Plaintiff and class members suffered damages in the amount paid to watch film and/or the price premium they paid based on the presence of De Armas and the "Something" scene, the suit alleges. Universal City Studios LLC operates as an entertainment company. The Company produces and distributes motion pictures and television programs, as well as movies, shows, theme parks, mini-series, and other related services.[BN] The Plaintiff is represented by: Daniel F. Harvath, Esq. HARVATH LAW GROUP, LLC 75 W Lockwood Ave Ste 1 Webster Groves, MO 63119 Telephone: (314) 550-3717 E-mail: dharvath@harvathlawgroup.com VIA RENEWABLES: Continues to Defend Gilkin Class Suit ----------------------------------------------------- Via Renewables Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2023 filed with the Securities and Exchange Commission on November 2, 2023, that the Company continues to defend itself from the Gilkin variable rate class suit in the United States District Court, Southern District of New York. On January 14, 2021, Glikin, et al. v. Major Energy Electric Services, LLC, a purported variable rate class action was filed in the United States District Court, Southern District of New York, attempting to represent a class of all Major Energy customers (including customers of companies Major Energy acts as a successor to) in the United States charged a variable rate for electricity or gas by Major Energy during the applicable statute of limitations period up to and including the date of judgment. The Company is vigorously defending this matter; however, given the current early stage of this matter, the Company cannot predict the outcome of this case at this time. Via Renewables Inc. is an independent retail energy services company. The Company provides residential and commercial customers in competitive markets across the United States with an alternative choice for their natural gas and electricity. VIBRANT HORIZONS: Granison Sues Over Unpaid Wages, Retaliation -------------------------------------------------------------- ALEXANDER GRANISON, and others similarly situated, Plaintiff v. VIBRANT HORIZONS, LLC d/b/a POMPANO YOUTH TREATMENT CENTER, Defendant, Case No. CACE-23-020076 (Fla. Cir., 17th Judicial, Broward Cty., Oct. 23, 2023) is an action for declaratory and injunctive relief and damages for Defendant's unlawful, retaliatory discharge of Plaintiff in violation of Fair Labor Standards Act and under Florida's Wage Payment Law to recover unpaid minimum wage and/or overtime compensation. The Plaintiff performed work for Defendant from November 1, 2019 through September 18, 2020 as a youth care worker. He earned $17 per hour and regularly worked overtime between 56 and 64 hours a week without overtime compensation. The Plaintiff was allegedly fired for complaints of wages. Vibrant Horizons, LLC, d/b/a Pompano Youth Treatment Center, is a mental health service provider in Pompano Beach, Florida.[BN] The Plaintiff is represented by: Jason S. Remer, Esq. REMER, GEORGES-PIERRE, & HOOGERWOERD, PLLC 2745 Ponce De Leon Blvd Coral Gables, FL 33134 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 E-mail: JRemer@rgph.law VITAL FARMS INC: Continues to Defend Usler Class Suit ----------------------------------------------------- Vital Farms Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2023 filed with the Securities and Exchange Commission on November 2, 2023, that the Company continues to defend itself from the Usler class suit in the United States District Court for the Western District of Texas. On May 20, 2021, the Company and certain of its current and former officers were named as defendants in a class action complaint captioned Nicholas A. Usler et al. v. Vital Farms, Inc. et al. in the United States District Court for the Western District of Texas. The plaintiffs alleged false advertising claims on behalf of themselves and a putative class of alleged consumers of the Company's eggs. The named officers of the Company were subsequently dismissed as defendants in this matter. In September 2023, the parties engaged in mediation to discuss potential settlement of remaining claims, but no agreement was reached and the lawsuit is ongoing. The Company believes the claims are without merit and is vigorously defending itself in this matter. Vital Farms, Inc. packages, markets and distributes shell eggs, butter and other products. These products are sold under the trade names "Vital Farms," "RedHill Farms" and "Backyard Eggs," primarily to retail and foodservice channels in the United States. VOYA FINANCIAL: Continues to Defend Ravarino Class Suit ------------------------------------------------------- Voya Financial, Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2023 filed with the Securities and Exchange Commission on November 2, 2023, that the Company continues to defend itself from the Ravarino class suit in the USDC District of Connecticut. Litigation also includes Ravarino, et al. v. Voya Financial, Inc., et al. (USDC District of Connecticut, No. 3:21-cv-01658)(filed December 14, 2021). In this putative class action, the plaintiffs allege that the named defendants breached their fiduciary duties of prudence and loyalty in the administration of the Voya 401(k) Savings Plan. The plaintiffs claim that the named defendants did not exercise proper prudence in their management of allegedly poorly performing investment options, including proprietary funds, and passed excessive investment-management and other administrative fees for proprietary and non-proprietary funds onto plan participants. The plaintiffs also allege that the defendants engaged in self-dealing through the inclusion of the Voya Stable Value Option into the plan offerings and by setting the "crediting rate" for participants' investment in the Stable Value Fund artificially low in relation to Voya's general account investment returns in order to maximize the spread and Voya’s profits at the participants' expense. The complaint seeks disgorgement of unjust profits as well as costs incurred. On June 13, 2023, the Court issued a ruling granting in part and denying in part Voya's motion to dismiss. The court largely dismissed the claims for breach of fiduciary duty. The remaining claims concern allegations of breaches of the ERISA prohibited transactions rule and a claim for failure to monitor the Voya Small Cap Growth fund. The Company continues to deny the allegations, which it believes are without merit, and intends to defend the case vigorously. Voya Financial, Inc. and its subsidiaries is a financial services organization that offers a broad range of retirement services, investment management services, mutual funds, group insurance and supplemental health products. ZOA ENERGY: Gershzon Sues Over Energy Drinks' False Labels ---------------------------------------------------------- MIKHAIL GERSHZON, on behalf of himself and all others similarly situated, Plaintiff v. ZOA ENERGY, LLC, Defendant, Case No. 3:23-cv-05444-LB (N.D. Cal., Oct. 23, 2023) is a proposed class action on behalf of the Plaintiff and a California and nationwide class of consumers seeking redress for Defendant's deceptive practices associated with the advertising, labeling, and sale of ZOA Energy drinks pursuant to California's Business and Professions Code and California Civil Code. According to the complaint, ZOA fully embraced the concept of "clean label," promising products with a "cleaner energy formula" free from "preservatives," "artificial flavors," and "synthetic colors." Unfortunately, ZOA's claim that its products contain "0 Preservatives" is false, as each contains a significant amount of the preservative citric acid, says the suit. Throughout the applicable class periods, Defendant has falsely represented the true nature of its products and as a result of this false and misleading labeling, was able to sell these Products to hundreds of thousands of unsuspecting consumers throughout California and the United States, the suit asserts. ZOA Energy, LLC manufactures and commercializes energy drinks.[BN] The Plaintiff is represented by: Michael D. Braun, Esq. KUZYK LAW, LLP 2121 Avenue of the Stars, Ste. 800 Los Angeles, CA 90067 Telephone: (213) 401-4100 Facsimile: (213) 401-0311 E-mail: mdb@kuzykclassactions.com - and - Peter N. Wasylyk, Esq. LAW OFFICES OF PETER N. WASYLYK 1307 Chalkstone Avenue Providence, RI 02908 Telephone: (401) 831-7730 Facsimile: (401) 861-6064 E-mail: pnwlaw@aol.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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