/raid1/www/Hosts/bankrupt/CAR_Public/231206.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, December 6, 2023, Vol. 25, No. 244
Headlines
2K GAMES: J.A. Files Fraud Class Suit in N.D. California
7-ELEVEN INC: Jourden Suit Removed to S.D. California
AC&J LAUNDRY: Faces Montero Wage-and-Hour Suit in E.D.N.Y.
AJR TRUCKING: Faces Lopez Suit Over Unlawful Labor Practices
AMBUSERVE INC: Levy Sues Over Dispatchers' Unpaid Wages
AW DISTRIBUTING: Messerli Appeals Suit Dismissal to 10th Circuit
BABCOCK ENTERPRISES: Mercedes Sues Over ADA Class Suit in S.D.N.Y.
BAIRD DRYWALL: Orellana and Acosta Seek Overtime Wages for Laborers
BANK OF AMERICA: Roldan et al. Sue Over Unlawful Service Agreement
BLUE SKY: Violates Disabled's Civil Rights, Suarez Suit Alleges
BNY MELLON: Spencer Files Labor Suit in W.D. Washington
BOSTON SCALLY: Hernandez Files Class Action Suit in S.D.N.Y.
BRAND DISTRIBUTORS: Faces Suarez ADA Class Suit in S.D.N.Y.
BROWNELLS INC: Digregorio Files Contract Class Suit in E.D. Pa.
C AND T HOMECARE: Mora Sues Over Unlawful Labor Practices
CALIFORNIA CINEMA: Discloses Personal Info to Facebook, Walsh Says
CALIFORNIA: Cannon Contract Suit Removed to N.D. California
CARDONE CAPITAL: Pino Appeals Securities Suit Dismissal to 9th Cir.
CBRE INC: Faces Taylor Wage-and-Hour Suit in California
CLAREMONT PROPERTY: Medina Sues Over Unpaid Wages, Retaliation
CLASSIC HARBOR: Hernandez Files ADA Class Suit in S.D.N.Y.
CLOVER BEAUTY: Hernandez Files ADA Class Suit in S.D.N.Y.
COGNITIVE AND BEHAVIORAL: Hernandez Files Class Suit in E.D.N.Y.
CURREX LLC: Morgan Files Civil Rights Class Suit in S.D.N.Y.
D.R. HORTON INC: Brunetti Suit Removed to D. South Carolina
DAVITA INC: Lightner Sues Over Underpayment of Overtime Wages
DENT WIZARD: Fails to Pay Proper Overtime Wages, Urbina Says
ENZO BIOCHEM: Faces Consolidated Suit Over Data Breach
EPSTEIN TAVROFF: Martin Files Civil Rights Class Suit in E.D.N.Y.
ESKAYEL INC: Martin Sues Over Violation of Disabled's Civil Rights
FALLING PRICES: Rael Files Suit in Cal. Super. Ct.
FEDEX OFFICE: Lopez Suit Removed to S.D. California
FINGER LAKES: Suarez Files ADA Class Suit in S.D.N.Y.
FIRST MIDWEST: Does Not Pay Proper Wages, Leggins Says
FIRST RESPONDER: Fails to Pay OT Wages, Kemerer Alleges
FITNESS INTERNATIONAL: Does Not Properly Pay Workers, Ruiz Says
GEOLOGIE: Faces Hernandez Suit Over ADA Violation in S.D.N.Y.
GLOBAL ATLANTIC: Clancy Privacy Suit Transferred to D. Mass.
GREENLEAF STEEL: Danso Sues Over ADA Violations in S.D.N.Y.
GRINDS LLC: Faces Suarez Suit Over ADA Violations in S.D.N.Y.
GROWIN ESTATE: Rosser Files TCPA Suit in M.D. Florida
HAPPY GROUP: Faces Pineda Wage-and-Hour Suit in E.D.N.Y.
HICKAM COMMUNITIES: Faces Bentley Civil Class Suit in D. Hawaii
HICKAM COMMUNITIES: Jabour Files Civil Class Suit in D. Hawaii
INTERNATIONAL WIND: Burin Suit Removed to C.D. California
INVISIBLE TECHNOLOGIES: Jordan Files Suit in Cal. State Court
ISLAND PALM: Faces Martin Civil Class Suit in D. Hawaii
J HERNANDEZ GENERAL: Norales Sues Over Failure to Pay OT Wages
JBS FOODS USA: Taylor Suit Removed to D. South Dakota
JOY SIGNAL: Shaughnessy Sues Over Unlawful Labor Practices
JS SACRAMENTO: Vasconcellos Files Suit in Cal. Super. Ct.
KASAMBA INC: Reid Sues Over ADA Violations in S.D.N.Y.
KOSAS COSMETICS: Hernandez Sues Over Disabled's Rights Violation
LIQUID BLUE: Suarez Files Civil Rights Class Suit in S.D.N.Y.
MARGARITA'S HOUSE: Torres Files Class Suit in Cal. State Court
MARS INC: Intercepts Internet Communications, Jimenez Says
MASTERCARD INTERNATIONAL: Jones Sues Over Website Restrictions
MAXIMUS 909: Neely Sues Over Failure to Pay Timely Wages
MIDNIGHT MOON: Danso Files ADA Class Suit in S.D.N.Y.
MR. COOPER GROUP: Borge Sues Over Personal Injury in N.D. Texas
MR. COOPER GROUP: Stump Files Labor Suit in N.D. Texas
NATIONAL COLLEGIATE: Fontenot Sues Over Athlete's Pay Prohibition
NICOBLU LLC: Hernandez Sues Over ADA Violations in S.D.N.Y.
NORTHWELL HEALTH: Fails to Prevent Data Breach, Tudda Alleges
OHANA MILITARY: Camp Files Civil Class Suit in D. Hawaii
OLIPHANT FINANCIAL: Cabrera FDCA Suit Removed to D. New Jersey
OUTDOOR NETWORK: Martin Civil Rights Suit Removed to C.D. Cal.
PEOPLECONNECT INC: Allowed to File Class Cert Opposition Under Seal
PERRY JOHNSON: Fails to Prevent Data Breach, Faivre Alleges
PETROSIAN ESTHETIC: Bunting Sues Over Disabled Rights' Violations
REAL ESTATE: March Sues Over Artificially Inflated Commissions
REAL INNOVATION: Ingber Sues Over Unsolicited Marketing Calls
RRA CP: Faces Chavarria Debt Collection Suit in E.D. Virginia
SANMINA CORP: Ramirez Files Suit Over Unlawful Labor Practices
SAPPHIRE SOL: Slade Sues Over Violation of Disabled's Civil Rights
SNOGA ATHLETICS: Hernandez Files ADA Class Complaint in S.D.N.Y.
STERICYCLE INC: Fails to Timely Pay Workers, Pino Says
TAKEDA PHARMACEUTICALS: UFCW Files Suit to Recover Overcharges
TIKTOK INC: Hagen et al. Sue Over Unlawful Terms of Service
TOPO ATHLETIC: Morgan Sues Over Civil Rights Violation in S.D.N.Y.
U.S. ANESTHESIA: Electrical Medical Sues Over Anesthesia Monopoly
ULTA BEAUTY: Scott et al. Sue Over Unlawful Website Restrictions
UNION HOT: Nolasco Sues Over Unpaid Minimum, Overtime Wages
UNITEDHEALTH GROUP: Vasquez Sues Over Failure to Pay Proper Wages
UNIVERSITY OF MINNESOTA: Martin Files Suit Over Data Breach
UNIVERSITY OF MINNESOTA: Seberson Suit Hits Data Breach
UNUM GROUP: Contreras Data Breach Suit Transferred to D. Mass.
V.P. PASTRY: Hernandez Sues Over ADA Violations in E.D.N.Y.
VALHALLA VITALITY: Violates Civil Rights, Martin Suit Says
VERRA MOBILITY: Fails to Pay Proper Wages, Bonner Alleges
WUZZY WHEELS: Mercedes Files ADA Class Suit in S.D.N.Y.
YESHIVA ZICHRON: Rodriguez Sues Over Janitors' Unpaid Overtime
ZILLOW INC: Shofet et al. Sue Over Mobile App's and Website's Terms
*********
2K GAMES: J.A. Files Fraud Class Suit in N.D. California
--------------------------------------------------------
A class action lawsuit has been filed against 2K Games, Inc., et
al. The case is captioned as J.A., a minor, represented by his
mother and next friend ANDREA DEAMS, individually and on behalf of
others similarly situated, v. 2K GAMES, INC., Case No.
3:23-cv-05961-SK (N.D. Cal., November 17, 2023).
The suit is brought over alleged fraud claims.
2K Games, Inc. is a video game company in California. [BN]
The Plaintiff is represented by:
Elizabeth Antonia Kramer, Esq.
Julie C. Erickson, Esq.
Kevin M. Osborne, Esq.
ERICKSON KRAMER OSBORNE LLP
44 Tehama Street
San Francisco, CA 94105
Telephone: (415) 635-0631
Facsimile: (415) 599-8088
E-mail: elizabeth@eko.law
julie@eko.law
kevin@eko.law
7-ELEVEN INC: Jourden Suit Removed to S.D. California
-----------------------------------------------------
The case captioned as Crystal Jourden, an individual, on behalf of
herself, and on behalf of all persons similarly situated v.
7-ELEVEN, INC., a Texas corporation; and DOES 1-50, Inclusive, Case
No. 37-2023-00045550-CU-OE-CTL was removed from the Superior Court
of the State of California in and for the County of San Diego, to
the United States District Court for the Southern District of
California on Nov. 22, 2023, and assigned Case No.
3:23-cv-02156-GPC-DEB.
The Plaintiff's Complaint purports to bring claims on behalf of
herself and a class based on alleged violations of the California
Labor Code, including minimum and overtime wages; lawful meal
and/or rest periods; accurate wage statements; expense
reimbursement; and timely payment of wages. The causes of action
are: Unfair Competition in Violation of Cal. Bus. & Prof. Code;
Failure to Pay Minimum Wages in Violation of Cal. Lab. Code;
Failure to Pay Overtime Wages in Violation of Cal. Lab. Code;
Failure to Provide Required Meal Periods in Violation of Cal. Lab.
Code and the Applicable IWC Wage Order; Failure to Provide Required
Rest Periods in Violation of Cal. Lab. Code and the Applicable IWC
Wage Order; Failure to Provide Wages When Due in Violation of Cal.
Lab. Code; Failure to Provide Accurate Itemized Statements in
Violation of Cal. Lab. Code; and Failure to Reimburse Employees for
Required Expenses in Violation of Cal. Lab. Code. The Complaint
seeks, among other remedies, unpaid wages, unpaid meal and rest
period compensation, unreimbursed expenses, penalties, liquidated
damages, interest, and reasonable attorneys' fees and costs.[BN]
The Defendants are represented by:
Eric A. Welter, Esq.
WELTER LAW FIRM, P.C.
20130 Lakeview Center Plaza, Suite 400
Ashburn, VA 20147
Phone: (703) 435-8500
Facsimile: (703) 435-8851
Email: eaw@welterlaw.com
- and -
Julie R. Trotter, Esq.
Mireya A.R. Llaurado, Esq.
CALL & JENSEN
A Professional Corporation
610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
Phone: (949) 717-3000
Email: jtrotter@calljensen.com
mllaurado@calljensen.com
AC&J LAUNDRY: Faces Montero Wage-and-Hour Suit in E.D.N.Y.
----------------------------------------------------------
WILMAN MONTERO, on behalf of himself and other similarly situated,
Plaintiff v. AC&J LAUNDRY CORP (dba CLEAN CARE LAUNDRY), APEX LINEN
SERVICES LLC and CHRISTIAN CASTILLO, individually, Defendants, Case
No. 1:23-cv-08421 (E.D.N.Y., Nov. 13, 2023) is a class action
against the Defendants for failure to pay Plaintiff's overtime
wages, failure to provide notice at time of hiring, and failure to
provide accurate wage statements in violation of the Fair Labor
Standards Act, the New York Labor Law, and related provisions from
Title 12 of New York Codes, Rules, and Regulations.
The Plaintiff was employed by the Defendants as a laundry worker
from approximately June 2022 until May 15, 2023, where he was
required to bring clean and dirty laundry to and from various
hotels and establishments.
AC&J Laundry Corp. offers laundry and dry cleaning service based in
New York.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
AJR TRUCKING: Faces Lopez Suit Over Unlawful Labor Practices
------------------------------------------------------------
EDWARD LOPEZ, on behalf of the general public as private attorney
general, Plaintiff v. AJR TRUCKING, INC.; and DOES 1-50, inclusive
Defendants, Case No. 23STCV27846 (Cal. Super., Los Angeles Cty.,
Nov. 14, 2023) is a representative action against the Defendants
for recovery of penalties under the Private Attorneys General Act
of 2004, California Labor Code.
According to the complaint, the Defendants violated various
provisions of the law as they implemented policies and practices
which led to Defendants': (a) failure to pay wages including
overtime; (b) failure to provide meal periods for every work period
exceeding more than five or 10 hours per day; (c) failure to
provide rest breaks for every four hours or major fraction thereof
worked; (d) failing to pay timely wages; (e) failing to provide
accurate itemized wage statements; (f) issuing payment of wages in
the form of Non-Labor Code-Compliant Instrument; and (g) failing to
indemnify necessary business expenses.
Plaintiff Lopez was employed by Defendants in approximately July
28, 2019 as a non-exempt employee with the title of truck driver,
and worked during the liability period for Defendants until
Plaintiff's separation from Defendants' employ in approximately
June 16, 2023.
AJR Trucking, Inc. operates as a trucking business in
California.[BN]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, Esq.
Lauren Falk, Esq.
Ava Issary, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
Michael@jameshawkinsaplc.com
Lauren@jameshawkinsaplc.com
Ava@jameshawkinsaplc.com
AMBUSERVE INC: Levy Sues Over Dispatchers' Unpaid Wages
-------------------------------------------------------
JAMEISHA LEVY, Plaintiff v. AMBUSERVE, INC.; MELISSA HARRIS; SCOTT
SMITH; and DOES 1 to 25, inclusive, Defendants, Case No.
23STCV27953 (Cal. Super., Los Angeles Cty., Nov. 14, 2023) is a
class action arising from the Defendants' alleged unlawful labor
practices in violation of the California Labor Code section 2698,
et. seq., the Labor Code Private Attorneys General Act of 2004.
The Plaintiff started working for AmbuServe around November 2022 as
a dispatcher and was terminated in December 2022. The Plaintiff was
classified as hourly, non-exempt employee with an hourly rate of
$18 per hour. He alleges that Defendants failed to provide him and
other similarly situated aggrieved employees with minimum and
overtime wages, failed to provide rest and meal periods, failed to
furnish accurate wage statements, failed to pay earned and due
wages upon separation of employment, and failed to provide payroll
records showing the correct wages.
AmbuServe, Inc. provides ambulance service and critical care
transport service.[BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
E-mail: hm@messrelianlaw.com
AW DISTRIBUTING: Messerli Appeals Suit Dismissal to 10th Circuit
----------------------------------------------------------------
ROBBIN MESSERLI is taking an appeal from a court judgment in the
lawsuit entitled Robbin Messerli, individually and on behalf of all
others similarly situated, Plaintiff, v. AW Distributing, Inc., et
al., Defendants, Case No. 2:22-CV-02305-DDC-TJJ, in the U.S.
District Court for the District of Kansas.
As previously reported in the Class Action Reporter, the Plaintiff
alleges that the Defendants failed to provide a warning that
inhaling 1-1, Difluoroethane (DFE) is extremely addictive, which
increases the risk of injury and death to inhalant users.
According to the complaint, the Defendants and their private label
retail partners are complicit in creating the public health crisis
of inhalant abuse as they are aware of the extremely addictive
nature of DFE yet continue to promote these cheap computer dusters
for easy consumption by individuals addicted to huffing who
frequent stores again and again purchasing multipacks on each
visit. And they falsely warrant that a bitterant was added which
would help deter inhalant abuse.
On July 17, 2023, the Defendants filed a motion for judgment on the
pleadings and a motion to dismiss for failure to state a claim,
which the Court granted through an Order entered by Judge Daniel D.
Crabtree on Oct. 20, 2023. The Court concluded that because the
Plaintiff's complaint doesn't differentiate between Defendants,
neither can the court differentiate in applying Kansas's illegality
defense to bar the Plaintiff's claims against all named defendants.
So, Kansas's illegality defense, which barred the Plaintiff's
claims against defendant Falcon, necessarily bars the Plaintiff's
claims against AW defendants and Norazza as well. Thus, the
Defendants' motion for judgment on the pleadings and motion to
dismiss were granted. The case was dismissed.
The appellate case is captioned Messerli v. AW Distributing, Inc.,
et al., Case No. 23-3241, in the United States Court of Appeals for
the Tenth Circuit, filed on November 15, 2023.
The briefing schedule in the Appellate Case states that:
-- Appellant Robbin Messerli docketing statement, transcript
order form and notice of appearance were due on November 15, 2023;
and
-- Appellees AW Distributing, Inc., AW Product Sales &
Marketing, Inc., Falcon Safety Products, Inc., and Norazza, Inc.
notice of appearance and disclosure statement were due on November
29, 2023. [BN]
Plaintiff-Appellant ROBBIN MESSERLI, on behalf of himself and all
others similarly situated, is represented by:
Sarah T. Bradshaw, Esq.
Ruth Anne French-Hodson, Esq.
Ryan C. Hudson, Esq.
Rex Sharp, Esq.
SHARP LAW
4820 West 75th Street
Prairie Village, KS 64108
Telephone: (913) 901-0505
Defendants-Appellees AW DISTRIBUTING, INC., et al. are represented
by:
Paul A. Breer, Esq.
Michael G. Norris, Esq.
NORRIS & KEPLINGER
9225 Indian Creek Parkway, Suite 750
32 Corporate Woods
Overland Park, KS 66210
Telephone: (913) 663-2000
- and -
Mitchell B. Malachowski, Esq.
TYSON & MENDES
371 Bel Marin Keys Blvd., Suite 100
Novato, CA 94949
- and -
Scott D. Kaiser, Esq.
Holly P. Smith, Esq.
SHOOK, HARDY & BACON
2555 Grand Boulevard
Kansas City, MO 64108
Telephone: (816) 474-6550
- and -
Andrew Alexander DeMasi, Esq.
LEWIS BRISBOIS BISGAARD & SMITH
4600 Madison Avenue, Suite 700
Kansas City, MO 64112
Telephone: (816) 299-4261
- and -
Alan L. Rupe, Esq.
LEWIS BRISBOIS BISGAARD & SMITH
1605 North Waterfront Parkway, Suite 150
Wichita, KS 67206
Telephone: (316) 609-7900
BABCOCK ENTERPRISES: Mercedes Sues Over ADA Class Suit in S.D.N.Y.
------------------------------------------------------------------
A class action lawsuit has been filed against Babcock Enterprises,
Inc. The case is captioned as LUIS MERCEDES, individually and on
behalf of others similarly situated, v. BABCOCK ENTERPRISES, INC.,
Case No. 1:23-cv-10130 (S.D.N.Y., November 17, 2023).
The nature of suit is stated as 446 Civil Rights - Americans with
Disabilities – Other.
Babcock Enterprises, Inc. is a provider of power generation
equipment in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
BAIRD DRYWALL: Orellana and Acosta Seek Overtime Wages for Laborers
-------------------------------------------------------------------
NICOLAS ORELLANA and DILMER ACOSTA, individually on behalf of
themselves, and on behalf of all others similarly situated,
Plaintiffs v. BAIRD DRYWALL & ACOUSTIC, INC., Defendant, Case No.
7:23 cv-00759-MFU-CKM (W.D. Va., November 21, 2023) seeks relief
for claims for unpaid overtime in violation of the Fair Labor
Standards Act.
The Plaintiffs and other similarly situated laborers were
individually hired to work as laborers for Baird on various
construction jobs throughout the Roanoke and Shenandoah Valleys,
including large projects at Virginia Tech, Liberty University,
Radford University, Lynchburg College, Roanoke College, Washington
& Lee University, Virginia Military Institute, Carilion Hospital in
Roanoke, and other high-visibility construction projects.
Throughout their employment with Baird, Plaintiffs typically worked
more than 40 hours per week. However, they did not get paid
overtime at a time and a half rate for hours worked over 40, say
the Plaintiffs.
Headquartered in Vinton, VA, Baird is a sub-contractor who
contracts with general contractors on specific construction
projects. It generally provides framing, drywall, and ceiling work
for the general contractors on construction projects. [BN]
The Plaintiffs are represented by:
Timothy Coffield, Esq.
COFFIELD PLC
106-F Melbourne Park Circle
Charlottesville, VA 22901
Telephone: (434) 218-3133
Facsimile: (434) 321-1636
E-mail: tc@coffieldlaw.com
- and -
Craig Juraj Curwood, Esq.
Zev H. Antell, Esq.
Butler Curwood, PLC
140 Virginia Street, Suite 302
Richmond, Va 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
E-mail: craig@butlercurwood.com
zev@butlercurwood.com
BANK OF AMERICA: Roldan et al. Sue Over Unlawful Service Agreement
------------------------------------------------------------------
FRANCISCO ROLDAN, III, an individual; KIENSANG HUYNH, an
individual; ROGELIO RAMIREZ, an individual; MIKHAIL GERSHZON, an
individual; VISHAL SHAH, an individual; and PATRICIA COBARRUVIAZ,
an individual, on behalf of themselves and all others similarly
situated, Plaintiffs v. BANK OF AMERICA, N.A., a national
association; and DOES 1 through 100, Defendants, Case No.
23STCV28840 (Cal. Super., Los Angeles Cty., November 21, 2023)
seeks damages, restitution, injunctive relief, public injunctive
relief, and other relief necessitated by Defendants' unlawful and
unfair actions in violation of the California Civil Code section
1670.8 and the California Business and Professions Code section
17200.
According to the complaint, the Defendants have engaged in an
intentional business strategy to silence each and every customer or
potential customer who uses their Services by purporting to bind
users to the Online Banking Service Agreement -- immediately upon
accessing any of the Services. Specifically, the Agreement provides
that by applying for, activating, downloading, or using any of the
Services, users are deemed to have agreed to be bound by the
Agreement, including the provision prohibiting users from using the
Services in any manner that exposes Defendants to liability,
reputational harm or brand damage. The Defendants maintain that
they possess sole discretion to determine what user conduct amounts
to reputational harm or brand damage, says the suit.
Headquartered in Charlotte, NC, Bank of America offers banking and
financial products and services to various clients, from
individual consumers to large corporations. [BN]
The Plaintiffs are represented by:
Christopher R. Rodriguez, Esq.
Andrew D. Bluth, Esq.
John R. Ternieden, Esq.
Trent J. Nelson, Esq.
Yuqing "Emily" Min, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 4 70
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
E-mail: crodriguez@singletonschreiber.com
abluth@singletonschreiber.com
jtemieden@singletonschreiber.com
tnelson@singletonschreiber.com
emin@singletonschreiber.com
- and -
Thomas A. Leary, Esq.
LAW OFFICE OF THOMAS LEARY, APC
3023 First Avenue
San Diego, CA 92103
Telephone: (619) 291-1900
BLUE SKY: Violates Disabled's Civil Rights, Suarez Suit Alleges
---------------------------------------------------------------
A class action lawsuit has been filed against Blue Sky Cycling,
Inc. The case is captioned as ALVIN SUAREZ, individually and on
behalf of others similarly situated v. BLUE SKY CYCLING, INC., Case
No. 1:23-cv-10126 (S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Blue Sky Cycling, Inc. is an online store for bicycle parts in New
York. [BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, PC
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (516) 287-3458
E-mail: Glevy@glpcfirm.com
BNY MELLON: Spencer Files Labor Suit in W.D. Washington
-------------------------------------------------------
A class action lawsuit has been filed against BNY Mellon Securities
Corporation, et al. The case is captioned as SHANNON SPENCER,
individually and on behalf of all others similarly situated, v. BNY
MELLON SECURITIES CORPORATION, et al., Case No. 2:23-cv-01766 (W.D.
Washington, November 17, 2023).
The case type code of the suit is stated as 790 Labor - Other Labor
Litigation.
BNY Mellon Securities Corporation is a financial services company
based in New York, New York. [BN]
The Plaintiff is represented by:
Patrick B. Reddy, Esq.
Paul Cipriani, Jr., Esq.
Timothy W. Emery, Esq.
EMERY REDDY PLLC
600 Stewart St., Ste. 1100
Seattle, WA 98101
Telephone: (206) 442-9106
E-mail: reddyp@emeryreddy.com
paul@emeryreddy.com
emeryt@emeryreddy.com
BOSTON SCALLY: Hernandez Files Class Action Suit in S.D.N.Y.
------------------------------------------------------------
A class action lawsuit has been filed against Boston Scally
Holdings LLC. The case is captioned as EMILY HERNANDEZ,
individually and on behalf of others similarly situated v. BOSTON
SCALLY HOLDINGS LLC, Case No. 1:23-cv-10163 (S.D.N.Y., November 19,
2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Boston Scally Holdings LLC is a limited liability company in New
York. [BN]
The Plaintiff is represented by:
I. Noor Abou-Saab, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Telephone: (718) 740-5060
E-mail: noorasaablaw@gmail.com
BRAND DISTRIBUTORS: Faces Suarez ADA Class Suit in S.D.N.Y.
-----------------------------------------------------------
A class action lawsuit has been filed against Brand Distributors,
Inc. The case is captioned as ALVIN SUAREZ, individually and on
behalf of others similarly situated, v. BRAND DISTRIBUTORS, INC.,
Case No. 1:23-cv-10129-JLR (S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Brand Distributors, Inc. is a distributor in New York. [BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, PC
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Telephone: (516) 287-3458
E-mail: Glevy@glpcfirm.com
BROWNELLS INC: Digregorio Files Contract Class Suit in E.D. Pa.
---------------------------------------------------------------
A class action lawsuit has been filed against Brownells, Inc. The
case is captioned as NICK DIGREGORIO, individually and on behalf of
all others similarly situated, v. BROWNELLS, INC., Case No.
2:23-cv-04557-JMY (E.D. Pa., November 17, 2023).
The nature of the suit is stated as 190 Contract - Other Contract.
Brownells, Inc. is a supplier of firearms and accessories based in
Iowa. [BN]
The Plaintiff is represented by:
Alex M. Kashurba, Esq.
Steven A. Schwartz, Esq.
CHIMICLES SCHWARTZ KRINER & DONALD-SMITH LLP
361 W. Lancaster Ave.
Haverford, PA 19041
Telephone: (610) 642-8500
E-mail: amk@chimicles.com
sas@chimicles.com
C AND T HOMECARE: Mora Sues Over Unlawful Labor Practices
---------------------------------------------------------
CLARA MORA, VIRMANIA PAREDES, MARIA PAREDES, HURIDES ANTONIA
PAREDES, OLENNY TEJADA MINYETY, ELBA LOPEZ, and PEDRO RODRIGUEZ, on
behalf of themselves and all other similarly situated, Plaintiffs
v. C AND T HOMECARE SERVICES, LLC and AGINCARE HOMECARE SERVICES
INC., Defendants, Case No. 1:23-cv-09991 (S.D.N.Y., Nov. 13, 2023)
is a class action on behalf of the Plaintiffs and all other
similarly situated to recover from the Defendants their unpaid
regular and overtime wages, liquidated damages, statutory damages,
pre- and post-judgment interest, and attorneys' fees and costs
pursuant to the Fair Labor Standards Act, the New York Labor Law,
and the Wage Theft Prevention Act.
The Plaintiffs were employed by the Defendants as home health aides
assigned to patients with mental or physical conditions requiring
around-the-clock care. They assert that Defendants failed to pay
them regular and overtime wages, failed to provide timely wage
payments, failed to provide accurate wage statements, and failed to
furnish wage notice.
C and T is a home health care agency providing comprehensive care
for ill and aging patients across sixty-two counties in New York
State.[BN]
The Plaintiffs are represented by:
Louis Pechman, Esq.
Gianfranco Cuadra, Esq.
Christian Mercado, Esq.
PECHMAN LAW GROUP PLLC
488 Madison Avenue, 17th Floor
New York, NY 10022
Telephone: (212) 583-9500
E-mail: pechman@pechmanlaw.com
cuadra@pechmanlaw.com
mercado@pechmanlaw.com
CALIFORNIA CINEMA: Discloses Personal Info to Facebook, Walsh Says
------------------------------------------------------------------
MICHAEL WALSH, individually and on behalf of all others similarly
situated, Plaintiff v. CALIFORNIA CINEMA INVESTMENTS LLC and USA
CINEMA INVESTMENTS HOLDING INC., d.b.a. CINEPOLIS LUXURY CINEMAS
and CINEPOLIS USA, Defendants, Case No. 2:23-cv-09608 (C.D. Cal.,
Nov. 13, 2023) arises from the Defendants' disclosure of Plaintiff
and other consumers' personally identifiable information without
consent in violation of the Video Privacy Protection Act and
California Civil Code.
According to the complaint, the Defendants have installed "tracking
pixels" on cinepolisusa.com. These tracking pixels secretly and
surreptitiously send consumers' personally identifiable
information, personal information, and/or the contents of video
rental records to Meta Platforms, Inc. or Facebook every time
consumers purchase a movie ticket on Defendants' website.
Through the tracking pixels that Defendants have installed on
cinepolisusa.com, Meta obtains the titles of the movies consumers
purchased tickets to see. These tracking pixels include unique user
ID numbers which Meta uses to identify particular individuals and
link them to their movie metadata. All this is done to build
digital dossiers on people and retarget them for advertising with
alarming accuracy. Because Defendants disclose all this and other
sensitive data about consumers that they collect on
cinepolisusa.com without those consumers' written consent,
Defendants violated the laws, says the suit.
California Cinema Investments LLC a cinema chain with movie
theaters across the United States.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
sbogdanovich@bursor.com
CALIFORNIA: Cannon Contract Suit Removed to N.D. California
-----------------------------------------------------------
The case styled LINDSEY CANNON, individually and on behalf of all
others similarly situated v. ANDREW CITORES, Case No. C23-02551,
was removed from Contra Costa Superior Court, California, to the
U.S. District Court for the Northern District of California on
November 17, 2023.
The Clerk of Court for the Northern District of California assigned
Case No. 3:23-cv-05979-SK to the proceeding.
The nature of the suit is stated as 190 Contract - Other Contract.
[BN]
The Defendant is represented by:
Robert James Muller, Esq.
Lilian Maggie Loh, Esq.
CYPRESS, LLP
11111 Santa Monica Bl., Ste. 500
Los Angeles, CA 90025
Telephone: (424) 901-0123
Facsimile: (424) 750-5100
E-mail: bob@cypressllp.com
lilian@cypressllp.com
CARDONE CAPITAL: Pino Appeals Securities Suit Dismissal to 9th Cir.
-------------------------------------------------------------------
CHRISTINE PINO is taking an appeal from a court order dismissing
her lawsuit entitled Christine Pino, individually and on behalf of
all others similarly situated, Plaintiff, v. Cardone Capital, LLC,
et al., Defendants, Case No. 2:20-cv-08499-JFW-KS, in the U.S.
District Court for the Central District of California.
As previously reported in the Class Action Reporter, the lawsuit is
brought on behalf of all persons and entities, who purchased
interests in Cardone Equity Fund V, LLC and Cardone Equity Fund VI,
LLC, seeking to pursue remedies under the Securities Act of 1933.
The complaint alleges that the Defendants are responsible for false
and misleading statements and omitting material facts in connection
with Cardone Capital, LLC's public offerings of interests in Fund V
and Fund VI. The Defendants targeted what they called the "everyday
investor," soliciting investors to purchase interests in Fund V and
Fund VI through social media. These statements are considered "test
the waters" communications, which are considered offers of
securities and are subject to the anti-fraud provisions of the
securities laws.
On June 26, 2023, the Plaintiff filed a second amended complaint,
which the Defendants moved to dismiss on July 17, 2023.
On Oct. 11, 2023, the Court granted the Defendants' motion to
dismiss through an Order entered by Judge John F. Walter. Judgment
was entered in favor of the Defendants against the Plaintiff on all
of her claims. The Plaintiff's second amended complaint was
dismissed without leave to amend, and the action was dismissed with
prejudice in its entirety.
The appellate case is captioned Pino v. Cardone Capital, LLC, et
al., Case No. 23-3512, in the United States Court of Appeals for
the Ninth Circuit, filed on November 15, 2023. [BN]
Plaintiff-Appellant CHRISTINE PINO, individually and on behalf of
all others similarly situated, is represented by:
Raj Mathur, Esq.
Krysta Kauble Pachman, Esq.
Marc M. Seltzer, Esq.
Steven G. Sklaver Esq.
SUSMAN GODFREY, LLP
1301 Avenue of the Americas, 32nd Floor
New York, NY 10019
Defendants-Appellees CARDONE CAPITAL, LLC, et al. are represented
by:
Joseph Nicholas Akrotirianakis, Esq.
KING AND SPALDING, LLP
633 W. 5th Street, Suite 1600
Los Angeles, CA 90071
Telephone: (704) 377-8354
- and -
Lisa Bugni, Esq.
KING & SPALDING LLP
50 California Street, Suite 3300
San Francisco, CA 94111
- and -
Anne M. Voigts, Esq.
KING & SPALDING, LLP
601 S. California Avenue, Suite 100
Palo Alto, CA 94304
CBRE INC: Faces Taylor Wage-and-Hour Suit in California
-------------------------------------------------------
GAVIN TAYLOR, individually and on behalf of all other aggrieved
employees, Plaintiff v. CBRE, INC., a California Corporation, CBRE
GROUP, INC, a California Corporation, and DOES 1 through 50,
inclusive, Defendants, Case No. 23STCV27888 (Cal. Super., Los
Angeles Cty., Nov. 14, 2023) arises from the Defendants' alleged
unlawful labor practices in violation of the California Labor
Code.
The Plaintiff alleges the Defendants' failure to provide employment
records, failure to pay overtime and double time, failure to
provide rest and meal periods, failure to pay minimum wage, failure
to keep accurate payroll records and provide itemized wage
statements, failure to pay reporting time wages , failure to pay
split shift wages, failure to pay all wages earned on time, failure
to pay all wages earned upon discharge or resignation, failure to
reimburse necessary, business-related expenses, and failure to
provide notice of paid sick time and accrual.
The Plaintiff was hired by the Defendants with the job title of
Copy Center and BMS Operator from March 29, 2021 until December 19,
2022.
CBRE, Inc. provides real estate and investment services.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Melissa Robinson, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Telephone: (818) 696-2306
Facsimile: (818) 696-2307
E-mail: haig@hbklawyers.com
melissa@hbklawyers.com
CLAREMONT PROPERTY: Medina Sues Over Unpaid Wages, Retaliation
--------------------------------------------------------------
Miguel A. Medina, on behalf of himself and others similarly
situated individuals, Plaintiff v. Claremont Property Co., and
Rafael Garcia Ibarra, individually, Defendants, Case No.
2:23-cv-01026 (M.D. Fla., Nov. 13, 2023) is an action against the
Defendant to recover monetary damages for Plaintiff's unpaid
regular and overtime wages, and for retaliation under the Fair
Labor Standards Act.
Plaintiff Medina was employed by the Defendant as a non-exempt,
full-time construction employee from approximately October 12,
2022, to July 29, 2023, or 41 weeks.
Claremont Property Co. is a construction and roofing company which
provides commercial and residential disaster recovery
services.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, PA
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
CLASSIC HARBOR: Hernandez Files ADA Class Suit in S.D.N.Y.
----------------------------------------------------------
A class action lawsuit has been filed against Classic Harbor Line,
LLC. The case is captioned as TIMOTHY HERNANDEZ, individually and
on behalf of others similarly situated, v. CLASSIC HARBOR LINE,
LLC, Case No. 1:23-cv-08562-JRC (S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act.
Classic Harbor Line, LLC is an operator of charter boat and tour
boat fleet in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
CLOVER BEAUTY: Hernandez Files ADA Class Suit in S.D.N.Y.
---------------------------------------------------------
A class action lawsuit has been filed against Clover Beauty, LLC.
The case is captioned as EMILY HERNANDEZ, individually and on
behalf of others similarly situated, v. CLOVER BEAUTY, LLC, Case
No. 1:23-cv-10157 (S.D.N.Y., November 18, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Clover Beauty, LLC is a cosmetics company in New York. [BN]
The Plaintiff is represented by:
I. Noor Abou-Saab, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Telephone: (718) 740-5060
E-mail: noorasaablaw@gmail.com
COGNITIVE AND BEHAVIORAL: Hernandez Files Class Suit in E.D.N.Y.
----------------------------------------------------------------
A class action lawsuit has been filed against Cognitive and
Behavioral Consultants, LLP. The case is captioned as TIMOTHY
HERNANDEZ, individually and on behalf of others similarly situated,
v. COGNITIVE AND BEHAVIORAL CONSULTANTS, LLP, Case No.
1:23-cv-08563 (E.D.N.Y., November 17, 2023).
The nature of suit is stated as 446 Civil Rights - Americans with
Disabilities - Other.
Cognitive and Behavioral Consultants, LLP is a provider of
clinical, consultation, group therapies, and training services
based in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
CURREX LLC: Morgan Files Civil Rights Class Suit in S.D.N.Y.
------------------------------------------------------------
A class action lawsuit has been filed against Currex LLC. The case
is captioned as PARADISE MORGAN, individually and on behalf of
others similarly situated, v. CURREX LLC, Case No. 1:23-cv-10142-AS
(S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990 (ADA).
Currex LLC is a sportswear company in 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
D.R. HORTON INC: Brunetti Suit Removed to D. South Carolina
-----------------------------------------------------------
The case styled as Donna Brunetti, individually, and on behalf of
all others similarly situated v. D.R. Horton, Inc., Alternative
Septic Services, LLC, John Doe #1-15, Case No. 2023CP0802903 was
removed from the Berkeley County Court of Common Pleas, to the U.S.
District Court for the District of South Carolina on Nov. 22,
2023.
The District Court Clerk assigned Case No. 2:23-cv-06006-RMG to the
proceeding.
The nature of suit is stated as Other Fraud.
D.R. Horton, Inc. -- http://www.drhorton.com/-- is a home
construction company incorporated in Delaware and headquartered in
Arlington, Texas.[BN]
The Plaintiff is represented by:
Alexandra Scott O'Neill, Esq.
Benjamin Alexander Traywick, Esq.
BEN TRAYWICK LAW FIRM LLC
171 Church Street, Suite 340
Charleston, SC 29401
Phone: (843) 872-1709
Email: ali@bentraywicklaw.com
ben@bentraywicklaw.com
- and -
Charlotte Banning Winckler, Esq.
JUSTIN O'TOOLE LUCEY PA
415 Mill Street
Mount Pleasant, SC 29464
Phone: (843) 849-8400
Email: cwinckler@lucey-law.com
- and -
Dabny Lynn, Esq.
Justin O'Toole Lucey, Esq.
JUSTIN O'TOOLE LUCEY LAW FIRM
PO Box 806
Mt Pleasant, SC 29465
Phone: (843) 849-8941
Email: dlynn@lucey-law.com
jlucey@lucey-law.com
The Defendant is represented by:
David Lee Paavola, Esq.
KENISON DUDLEY AND CRAWFORD LLC
1122 Barnwell Street, Suite B
Columbia, SC 29201
Phone: (864) 242-4899
Email: paavola@conlaw.com
- and -
Jason M. Imhoff, Esq.
John T. Crawford, Jr., Esq.
KENISON DUDLEY & CRAWFORD
704 East McBee Avenue
Greenville, SC 29601
Phone: (864) 501-3208
Email: imhoff@conlaw.com
crawford@conlaw.com
- and -
Kimila L. Wooten, Esq.
KOZLAREK LAW LLC
PO Box 565
330 East Coffee Street
Greenville, SC 29601
Phone: (864) 527-5979
Fax: (864) 670-5246
Email: kim@kozlareklaw.com
DAVITA INC: Lightner Sues Over Underpayment of Overtime Wages
-------------------------------------------------------------
ANDUIN LIGHTNER, individually and on behalf of all others similarly
situated, Plaintiff v. DaVita, INC., Case No. 1:23-cv-03104 (D.
Colo., November 21, 2023) arises out of the Defendants' violations
of the overtime provisions of the Fair Labor Standards Act and the
Portal-to-Portal Act.
The Plaintiff worked for Defendant beginning from the year 2017
through the year 2022. She was regularly scheduled to work over 40
hours a week, and in some instances, worked close to 50 hours per
week. However, she was not paid at the time-and-one-half overtime
rate required by federal law for work performed in those weeks in
which she worked more than 40 hours in a week, says the Plaintiff.
Headquartered in Denver, CO, DaVita is one of the largest providers
of kidney care services in the United States and has been in the
dialysis business for more than 20 years. [BN]
The Plaintiff is represented by:
Ricardo J. Prieto
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
DENT WIZARD: Fails to Pay Proper Overtime Wages, Urbina Says
------------------------------------------------------------
JUAN RAMON SANCHEZ URBINA, individually, and on behalf of all other
aggrieved employees, Plaintiff v. DENT WIZARD INTERNATION,LLC, a
Delware limited liability company; DYNAMIC AUTO IMAGES, LLC, a
Delaware limited liability company; and DOES 1 through 50,
inclusive, Defendants, Case No. 23STCV285567 (Cal. Super., Los
Angeles Cty., November 21, 2023) arises from the Defendants'
unlawful policies with respect to meal periods and rest breaks in
violation of the California Unfair Competition Law, the California
Business & Professions Code, the California Labor Code and all
applicable Industrial Welfare Commission Wage Orders.
The Defendants have uniformly failed to pay Plaintiff and other
aggrieved employees proper overtime wages due the fact that they
improperly calculate the regular rate of pay, and willfully turns a
blind eye to off-the-clock work that Plaintiff and other non-exempt
employees perform as a direct consequence of Defendants'
understaffing and imposition of an unreasonable workload.
Accordingly, Plaintiff seeks to recover penalties for the Labor and
Workforce Development Agency on behalf of themselves and all other
similarly situated Aggrieved Employees under the Private Attorneys
General Act as a result of Defendants' systematic violations of the
law.
Dent Wizard provides automobile repair services in California.
[BN]
The Plaintiff is represented by:
Scott Ernest Wheeler, Esq.
LAW OFFICE OF SCOTT ERNEST WHEELER
250 West First Street, Suite 216
Claremont, CA 91711
Telephone: (909) 621-4988
Facsimile: (909) 621-4622
E-mail: sew@scottwheelerlawoffice.com
- and -
Marcia Guzman, Esq.
GUZMAN & TOKAR LLP
440 N. Barranca Avenue, Suite 1354
Covina, CA 91723
Telephone: (626) 427-7128
Facsimile: (213) 342-6329
E-mail: service@guzmanandtokar.com
ENZO BIOCHEM: Faces Consolidated Suit Over Data Breach
------------------------------------------------------
Enzo Biochem, Inc. disclosed in its Form 10-K report for the fiscal
year ended July 31, 2023, filed with the Securities and Exchange
Commission on November 3, 2023, that it is currently facing
consolidated case captioned "In re Enzo Biochem Data Breach
Litigation," No. 2:23-cv-04282 in the U.S. District Court for
Eastern District of New York.
Twenty putative class actions have been consolidated alleging
various harms stemming from a ransomware attack in April 2023 that
impacted certain critical information technology systems. Interim
lead counsel has been appointed and a consolidated complaint was
filed on November 13, 2023.
The complaints seek to certify a federal class as well as several
state subclasses. Based on the individual complaints that were
filed, the company expects the consolidated complaint to bring
various statutory and common law claims including negligence,
negligence per se, breach of fiduciary duty, breach of implied
contract, breach of the implied covenant of good faith and fair
dealing, violation of the New York's General Business Law, Invasion
of Privacy, violations of the Connecticut Unfair Trade Practices
Act, violations of the New Jersey Consumer Fraud Act.
Enzo Biochem, Inc., a pioneer in molecular diagnostics, offers a
comprehensive portfolio of technical platforms and reagent sets
supporting a diverse range of biomedical research and translational
science needs. It manufactures a comprehensive portfolio of
antibodies, genomic probes, assays, biochemicals and proteins.
EPSTEIN TAVROFF: Martin Files Civil Rights Class Suit in E.D.N.Y.
-----------------------------------------------------------------
A class action lawsuit has been filed against Epstein, Tavroff &
Leon, D.P.M., LLP. The case is captioned as DAMIAN MARTIN,
individually and on behalf of others similarly situated, v.
EPSTEIN, TAVROFF & LEON, D.P.M., LLP, Case No. 1:23-cv-08567
(E.D.N.Y., November 17, 2023).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Epstein, Tavroff & Leon, D.P.M., LLP is a podiatry provider based
in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
ESKAYEL INC: Martin Sues Over Violation of Disabled's Civil Rights
------------------------------------------------------------------
A class action lawsuit has been filed against Eskayel, Inc. The
case is captioned as DAMIAN MARTIN, individually and on behalf of
others similarly situated, v. ESKAYEL, INC., Case No. 1:23-cv-08569
(E.D.N.Y., November 17, 2023).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Eskayel, Inc. is an online store based in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
FALLING PRICES: Rael Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Falling Prices, Inc.,
et al. The case is styled as Theodora Rael, on behalf of herself
and all others similarly situated v. Falling Prices, Inc., et al.,
Case No. 23CV012188 (Cal. Super. Ct., Sacramento Cty., Nov. 22,
2023).
Falling Prices -- https://www.fallingprices.com/ -- is a unique
concept where customers hunt for treasures every day and determine
what they pay.[BN]
FEDEX OFFICE: Lopez Suit Removed to S.D. California
---------------------------------------------------
The case captioned as Norma Lopez, individually and on behalf of
all others similarly situated and the State of California under the
Private Attorneys General Act v. FEDEX OFFICE AND PRINT SERVICES,
INC. and DOES 1 through 50, inclusive, was removed from the
Superior Court of the State of California in and for the County of
San Diego, to the United States District Court for the Southern
District of California on Nov. 22, 2023, and assigned Case No.
3:23-cv-02155-W-SBC.
The Plaintiff asserts a claim for civil penalties under the Private
Attorneys General Act ("PAGA"), alleging that FedEx Office violated
the following wage-and-hour laws: overtime, sick leave, meal period
premium pay, rest period premium pay, timely payment of wages
during employment, timely payment of wages at time of termination,
wage statements, business expenses, and maintenance of accurate
records.[BN]
The Defendants are represented by:
James M. Peterson, Esq.
Kyle W. Nageotte, Esq.
HIGGS FLETCHER & MACK LLP
401 West A Street, Suite 2600
San Diego, CA 92101-7910
Phone: (619) 236-1551
Facsimile: (619) 696-1410
Email: peterson@higgslaw.com
nageottek@higgslaw.com
FINGER LAKES: Suarez Files ADA Class Suit in S.D.N.Y.
-----------------------------------------------------
A class action lawsuit has been filed against Finger Lakes Coffee
Roasters, Inc. The case is captioned as ALVIN SUAREZ, individually
and on behalf of others similarly situated, v. FINGER LAKES COFFEE
ROASTERS, INC., Case No. 1:23-cv-10131-AT (S.D.N.Y., November 17,
2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Finger Lakes Coffee Roasters, Inc. is a provider of coffee products
in New York. [BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, PC
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (516) 287-3458
E-mail: Glevy@glpcfirm.com
FIRST MIDWEST: Does Not Pay Proper Wages, Leggins Says
------------------------------------------------------
NIEYANNA LEGGINS, individually and on behalf of all others
similarly situated, Plaintiff v. FIRST MIDWEST BANCORP, INC.,
Defendant, Case No. 1:23-cv-15947 (N.D. Ill., Nov. 14, 2023) arises
under the Fair Labor Standards Act, the Illinois Minimum Wage Law,
and the Illinois Wage Payment and Collection Act for Defendant's
failure to pay Plaintiff and other similarly situated persons all
earned regular and overtime pay for all time worked.
Plaintiff Leggins is an individual who Defendant employed from
approximately November 2018 to May 31, 2022, as an hourly,
non-exempt, telephone-dedicated employee who was placed to work in
a call center operated by Defendant located in Joliet, Illinois.
First Midwest Bancorp, Inc. is a premier financial services
company.[BN]
The Plaintiff is represented by:
James X. Bormes, Esq.
Catherine P. Sons, Esq.
LAW OFFICE OF JAMES X. BORMES, P.C
8 South Michigan Avenue, Suite 2600
Chicago, Illinois 60603
Telephone: (312) 201-0575
E-mail: jxbormes@bormeslaw.com
cpsons@bormeslaw.com
- and -
Thomas M. Ryan, Esq.
LAW OFFICE OF THOMAS M. RYAN, P.C.
35 East Wacker Drive, Suite 650
Chicago, Illinois 60601
Telephone: (312) 726-3400
E-mail: tom@tomryanlaw.com
FIRST RESPONDER: Fails to Pay OT Wages, Kemerer Alleges
-------------------------------------------------------
KYLE KEMERER, on behalf of himself and others similarly situated,
Plaintiff v. FIRST RESPONDER SECURITY SERVICES, LLC, IPC NEWARK,
LLC., and OMAR NIEVES, Defendants, Case No. 2:23-cv-22587 (D.N.J.,
November 21, 2023) alleges violations of the Fair Labor Standards
Act and the Massachusetts Wage Payment Laws.
The Defendants employed Plaintiff to perform EMT employment duties
for Defendants' primary benefit and the benefit of Defendants'
customer in Massachusetts during the period January 2023 through
March 2023. Allegedly, they (i) misclassified Plaintiff and the
Class members as non-employee contractors and, arising from the
same, (ii) failed to pay Plaintiff and the Class members
time-and-one-half overtime wages for overtime Plaintiff and the
Class members worked for Defendants' primary benefit exceeding 40
hours per week as required by the FLSA, says the suit.
Based in Newark, NJ, First Responder Security Services is a limited
liability company that is engaged in staffing security agents,
EMTs, and EMRs to facilities owned and/or operated by Defendants'
customers in New Jersey and Massachusetts. [BN]
The Plaintiff is represented by:
Anthony G. Bizien, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
45 Essex Street, Suite 3 West
Hackensack, NJ 07601
Telephone: (551) 244-1257
Facsimile: (240) 839-9142
E-mail: abizien@zagfirm.com
- and -
Gregg C. Greenberg, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Telephone: (301) 587-9373
E-mail: ggreenberg@zagfirm.com
FITNESS INTERNATIONAL: Does Not Properly Pay Workers, Ruiz Says
----------------------------------------------------------------
FRANKIE RUIZ, an individual, et al., each on their own behalf and
in their representative capacities on behalf of all others
similarly situated, Plaintiffs v. FITNESS INTERNATIONAL, LLC, a
California limited liability company; and DOES 1-25, inclusive,
Defendant, Case No. 23VECV05059 (Cal. Super., Los Angeles Cty.,
Nov. 13, 2023) arises from the Defendants' unlawful labor policies
and practices in violation of the California Labor Code and the
California Business and Professions Code.
The Plaintiff alleges the Defendants' failure to pay all wages due,
failure to provide rest and meal periods, failure to pay overtime
earned, failure to maintain records of hours worked/wages earned,
failure to provide accurate wage statements, failure to pay all
wages due upon termination, failure to reimburse expenses, and
unfair competition and unlawful business practices.
Plaintiff Ruiz was employed by the Defendants as an hourly,
non-exempt assistant director from January l0, 2022 to February 1,
2023. He will serve as an adequate, typical and active participant
and class representative for the proposed Class.
Fitness International, LLC operates sports and fitness clubs.[BN]
The Plaintiffs are represented by:
Jacob N. Whitehead, Esq.
W EMPLOYMENT LAW, APC
7700 Irvine Center Drive, Suite 930
Irvine, CA 92618
Telephone: (949) 674-4922
E-mail: jacob@wemploymentlaw.com
GEOLOGIE: Faces Hernandez Suit Over ADA Violation in S.D.N.Y.
-------------------------------------------------------------
A class action lawsuit has been filed against Clover Beauty, LLC.
The case is captioned as EMILY HERNANDEZ, individually and on
behalf of others similarly situated v. GEOLOGIE, Case No.
1:23-cv-10155-JHR (S.D.N.Y., November 18, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Geologie is a skincare and haircare company in New York. [BN]
The Plaintiff is represented by:
I. Noor Abou-Saab, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Telephone: (718) 740-5060
E-mail: noorasaablaw@gmail.com
GLOBAL ATLANTIC: Clancy Privacy Suit Transferred to D. Mass.
------------------------------------------------------------
The case styled MICHAEL CLANCY, on behalf of himself and all others
similarly situated, Plaintiff v. THE GLOBAL ATLANTIC FINANCIAL
GROUP, LLC, Defendant, Case No. 1:23-cv-07975, was transferred from
the United States District Court for the Southern District of New
York to the United States District Court for the District of
Massachusetts on November 14, 2023.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:23-cv-12766-ADB to the proceeding.
The Plaintiff brings this class action against Global Atlantic for
its failure to properly secure and safeguard Plaintiff's and other
similarly situated Global Atlantic customers' sensitive
information, including full names, dates of birth, policy numbers,
states, and Social Security numbers. By obtaining, collecting,
using, and deriving a benefit from the PII of Plaintiff and Class
Members, Defendant assumed legal and equitable duties to those
individuals to protect and safeguard that information from
unauthorized access and intrusion, says the Plaintiff.
The Global Atlantic Financial Group, LLC is a retirement and life
insurance company.[BN]
The Defendant is represented by:
Robyn Mara Feldstein, Esq.
BAKER & HOSTETLER LLP (NYC)
45 Rockefeller Plaza
New York, NY 10111
Telephone: (212) 589-4278
Facsimile: (212) 589-4201
E-mail: rfeldstein@bakerlaw.com
GREENLEAF STEEL: Danso Sues Over ADA Violations in S.D.N.Y.
-----------------------------------------------------------
A class action lawsuit has been filed against Greenleaf Steel Rule
Die Corporation. The case is captioned as CHARITY DANSO,
individually and on behalf of others similarly situated, v.
GREENLEAF STEEL RULE DIE CORPORATION, Case No. 1:23-cv-10133-VEC
(S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Greenleaf Steel Rule Die Corporation is a manufacturer of wooden
miniature dollhouses & dollhouse accessories in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
GRINDS LLC: Faces Suarez Suit Over ADA Violations in S.D.N.Y.
-------------------------------------------------------------
A class action lawsuit has been filed against Grinds, LLC. The case
is captioned as ALVIN SUAREZ, individually and on behalf of others
similarly situated, v. GRINDS, LLC, Case No. 1:23-cv-10132
(S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Grinds, LLC is a company doing business in New York. [BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, PC
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (516) 287-3458
E-mail: Glevy@glpcfirm.com
GROWIN ESTATE: Rosser Files TCPA Suit in M.D. Florida
-----------------------------------------------------
A class action lawsuit has been filed against Growin Estate LLC.
The case is styled as Dianna Rosser, Individually and on behalf of
all others similarly situated v. Growin Estate LLC, Case No.
8:23-cv-02686-KKM-TGW (M.D. Fla., Nov. 22, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Growin Estate -- https://growinestate.com/ -- is digital Real
Estate Referral Network that provides pre-screened, geo-targeted,
Double Verified leads to Realtors.[BN]
The Plaintiff is represented by:
Joseph E. Parrish, Esq.
PARRISH & GOODMAN PLLC
915 N. Franklin Street, Unit 2302
Tampa, FL 33602
Phone: (813) 643-4529
Fax: (813) 315-6535
Email: jparrish@parrishgoodman.com
- and -
Megan E. Shaw, Esq.
Robert Henry Goodman, Esq.
PARRISH & GOODMAN
13031 McGregor Boulevard, Suite 8
Fort Myers, FL 33908-6003
Phone: (239) 410-1052
Email: mshaw@parrishgoodman.com
rgoodman@parrishgoodman.com
- and -
William F. King, Esq.
GALLAGHER & KENNEDY
2375 E. Camelback Road, Ste 1100
Phoenix, AZ 85016
Phone: (602) 530-8000
Email: bill.king@gknet.com
HAPPY GROUP: Faces Pineda Wage-and-Hour Suit in E.D.N.Y.
--------------------------------------------------------
FREDY PINEDA, on behalf of himself and other similarly situated,
Plaintiff v. HAPPY GROUP CHINESE RESTAURANT INC, YONG NI and SAI
WONG, individually, Defendants, Case No. 1:23-cv-08419 (E.D.N.Y.,
Nov. 13, 2023) arises from the Defendants' alleged unlawful labor
practices in violation of the Fair Labor Standards Act, the New
York Labor Law, and the Wage Theft Prevention Act.
The Plaintiff was employed by the Defendants from October 1, 2022
until October 24, 2023, where his primary work duty was to do
deliveries. He asserts that Defendants failed to pay minimum and
overtime wages, failed to provide notice at time of hiring, and
failed to furnish accurate wage statements.
Happy Group Chinese Restaurant Inc. is a Chinese restaurant based
in New York.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
HICKAM COMMUNITIES: Faces Bentley Civil Class Suit in D. Hawaii
---------------------------------------------------------------
A class action lawsuit has been filed against Hickam Communities,
LLC, et al. The case is captioned as KASEY N. BENTLEY, et al.,
individually and on behalf of all others similarly situated, v.
HICKAM COMMUNITIES, LLC, et al., Case No. 1CCV-23-0001490 (D.
Hawaii, November 17, 2023).
The case type is stated as CV - Circuit Court Civil.
Hickam Communities, LLC is a property management company based in
Hawaii. [BN]
The Plaintiff is represented by:
James J. Bickerton, Esq.
BICKERTON LAW GROUP LLLP
745 Fort St., #801
Honolulu, HI 96813
Telephone: (808) 599-3811
Facsimile: (808) 694-3090
HICKAM COMMUNITIES: Jabour Files Civil Class Suit in D. Hawaii
--------------------------------------------------------------
A class action lawsuit has been filed against Hickam Communities,
LLC, et al. The case is captioned as LONNIE G. JABOUR, et al.,
individually and on behalf of all others similarly situated, v.
HICKAM COMMUNITIES, LLC, et al., Case No. 1CCV-23-0001488 (D.
Hawaii, November 17, 2023).
The case type is stated as CV - Circuit Court Civil.
Hickam Communities, LLC is a property management company based in
Hawaii. [BN]
The Plaintiff is represented by:
James J. Bickerton, Esq.
BICKERTON LAW GROUP LLLP
745 Fort St., #801
Honolulu, HI 96813
Telephone: (808) 599-3811
Facsimile: (808) 694-3090
INTERNATIONAL WIND: Burin Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Steven Burin, individually, and on behalf of
all others similarly situated v. INTERNATIONAL WIND, INC., a
California corporation; INTERNATIONAL WIND, LLC, a limited
liability company; and DOES 1 through 10, inclusive, Case No.
30-2023-01344893-CU-OE-CXC was removed from the Superior Court of
the State of California for the County of Orange, to the United
States District Court for the Central District of California on
Nov. 22, 2023, and assigned Case No. 8:23-cv-02216-JVS-DFM.
The Complaint alleged eight causes of action: Failure to Pay
Minimum Wages, Failure to Pay Overtime Wages, Failure to Provide
Meal Periods, Failure to Authorize and Permit Rest Breaks, Failure
to Indemnify Necessary Business Expenses, Failure to Timely Pay
Final Wages at Termination, Failure to Provide Accurate Itemized
Wage Statements, and Unfair Business Practices.[BN]
The Defendants are represented by:
R. Scott Brink, Esq.
Raef J. Cogan, Esq.
JEFFER MANGELS BUTLER & MITCHELL LLP
1900 Avenue of the Stars, 7th Floor
Los Angeles, CA 90067-4308
Phone: (310) 203-8080
Facsimile: (310) 203-0567
Email: rsb@jmbm.com
RCogan@jmbm.com
INVISIBLE TECHNOLOGIES: Jordan Files Suit in Cal. State Court
-------------------------------------------------------------
A class action lawsuit has been filed against Invisible
Technologies Inc., et al. The case is captioned as CROWLEY, JORDAN,
individually and on behalf of all others similarly situated, v.
INVISIBLE TECHNOLOGIES INC., et al., Case No. CGC23610522 (Cal.
Super., San Francisco Cty., November 17, 2023).
A case management conference is set for April 17, 2024, before
Judge Anne-Christine Massullo.
Invisible Technologies Inc. is a business Consulting and services
in California. [BN]
The Plaintiff is represented by:
Zack I. Domb, Esq.
DOMB & RAUCHWERGER
1055 E. Colorado Blvd., Fifth Floor
Pasadena, CA 91106
Telephone: (213) 537-9225
ISLAND PALM: Faces Martin Civil Class Suit in D. Hawaii
-------------------------------------------------------
A class action lawsuit has been filed against Island Palm
Communities, LLC, et al. The case is captioned as ROMAN C. MARTIN,
et al., individually and on behalf of all others similarly
situated, v. ISLAND PALM COMMUNITIES, LLC, et al., Case No.
1CCV-23-0001484 (D. Hawaii, November 17, 2023).
The case type is stated as CV - Circuit Court Civil.
Island Palm Communities, LLC is a real estate services provider
based in Hawaii. [BN]
The Plaintiff is represented by:
James J. Bickerton, Esq.
BICKERTON LAW GROUP LLLP
745 Fort St., #801
Honolulu, HI 96813
Telephone: (808) 599-3811
Facsimile: (808) 694-3090
J HERNANDEZ GENERAL: Norales Sues Over Failure to Pay OT Wages
--------------------------------------------------------------
Marvin Norales and Dixon Ordonez, individually and on behalf of
others similarly situated, Plaintiffs v. Juventino Hernandez, Ada
Hernandez, and J Hernandez General Contracting Services, LLC,
Defendants, Case No. 4:23-cv-04287 (S.D. Tex., Nov. 14, 2023) is a
class action seeking to recover Plaintiff's unpaid overtime that is
required by the Fair Labor Standards Act.
Plaintiffs Norales and Ordonez worked for J Hernandez General
Contracting Services as construction workers from July of 2023
until August of 2023 and from February of 2023 until September of
2023, respectively. They assert that the Company did not pay them
an overtime premium for any of the hours they worked over 40 in a
workweek.
J Hernandez General Contracting Services, LLC is an American
construction company.[BN]
The Plaintiffs are represented by:
Josef F. Buenker, Esq.
THE BUENKER LAW FIRM
P.O. Box 10099
Houston, TX 77206
Telephone: (713) 868-3388
Facsimile: (713) 683-9940
E-mail: jbuenker@buenkerlaw.com
JBS FOODS USA: Taylor Suit Removed to D. South Dakota
-----------------------------------------------------
The case styled as Tim Taylor, Bryce Baker, on behalf of themselves
and others similarly situated v. JBS Foods USA, Tyson Foods, Inc.,
Cargill Meat Solutions Corp., National Beef Packing Company, LLC,
Case No. 32CIV23-000228 was removed from the SD Sixth Judicial
Circuit, to the U.S. District Court for the District of South
Dakota on Nov. 22, 2023.
The District Court Clerk assigned Case No. 3:23-cv-03031-RAL to the
proceeding.
The nature of suit is stated as Other Statutes: Racketeer
Influenced and Corrupt Organizations for Racketeering (RICO).
JBS USA Holdings, Inc. -- https://jbsfoodsgroup.com/ -- is a meat
processing company and a wholly owned subsidiary of the Brazilian
multinational JBS S.A.[BN]
The Plaintiff is represented by:
Aubrey B. Dunn, Esq.
WARBA, LLP
400 Gold Avenue SW, Suite 1000
Albuquerque, NM 87102
Phone: (505) 750-3060
Fax: (505) 226-8500
Email: abdunn@ablairdunn-esq.com
The Defendant is represented by:
Jesse J.E. Linebaugh, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
801 Grand Avenue, 33rd Floor
Des Moines, IA 50309-8003
Phone: (515) 447-4706
Email: jesse.linebaugh@faegredrinker.com
JOY SIGNAL: Shaughnessy Sues Over Unlawful Labor Practices
----------------------------------------------------------
SARA SHAUGHNESSY, an individual, on behalf of herself and on behalf
of all persons similarly situated, Plaintiff v. JOY SIGNAL
TECHNOLOGY LLC, a Limited Liability Company; MERITEC, a
Corporation; OHIO ASSOCIATED ENTERPRISES, LLC, a Limited Liability
Company; and DOES 1 through 50, inclusive, Defendants, Case No.
23CV03242 (Cal. Sup., Butte Cty., November 21, 2023) asserts claims
for the violations of the California Business and Professions Code,
the California Labor Code and the applicable Industrial Welfare
Commission's Wage Orders.
The Plaintiff was employed by Defendant in California from October
of 2021 to August 11, 2023 and was classified by Defendant as a
non-exempt employee, paid on an hourly basis, and entitled to the
legally required meal and rest periods and payment of minimum and
overtime wages due for all time worked. Throughout her employment,
Plaintiff, however, never received full compensation for all the
hours she worked. Among other things, she was even required to work
while clocked out during what is supposed to be her off-duty meal
break, says the Plaintiff.
Joy Signal Technology LLC provides custom cable assemblies to OEMs
in a variety of markets in the electronics industry. [BN]
The Plaintiff is represented by:
Norman B. Blumenthal, Esq.
Kyle R. Nordrehaug, Esq.
Aparajit Bhowmik, Esq.
Nicholas J. De Blouw, Esq.
Christine T. LeVu, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
2255 Calle Clara
La Jolla, CA 92037
Telephone: (858)551-1223
Facsimile: (858) 551-1232
Website: www.bamlawca.com
JS SACRAMENTO: Vasconcellos Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against JS SACRAMENTO, et al.
The case is styled as Eric Vasconcellos, on behalf of all others
similarly situated v. JS SACRAMENTO, et al., Case No. 23CV012199
(Cal. Super. Ct., Sacramento Cty., Nov. 22, 2023).
JS Sacramento doing business as Epic Chevrolet is a Chevrolet
dealer in the Arden-Arcade, California.[BN]
KASAMBA INC: Reid Sues Over ADA Violations in S.D.N.Y.
------------------------------------------------------
A class action lawsuit has been filed against Kasamba Inc. The case
is captioned as NADRECA REID, individually and on behalf of others
similarly situated, v. KASAMBA INC., Case No. 1:23-cv-10139-LGS
(S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Kasamba Inc. is a software solutions company in 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
KOSAS COSMETICS: Hernandez Sues Over Disabled's Rights Violation
----------------------------------------------------------------
A class action lawsuit has been filed against Kosas Cosmetics, LLC.
The case is captioned as EMILY HERNANDEZ, individually and on
behalf of others similarly situated, v. KOSAS COSMETICS, LLC, Case
No. 1:23-cv-10158 (S.D.N.Y., November 18, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Kosas Cosmetics, LLC is a cosmetics company in New York. [BN]
The Plaintiff is represented by:
I. Noor Abou-Saab, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Telephone: (718) 740-5060
E-mail: noorasaablaw@gmail.com
LIQUID BLUE: Suarez Files Civil Rights Class Suit in S.D.N.Y.
-------------------------------------------------------------
A class action lawsuit has been filed against Liquid Blue, Inc. The
case is captioned as ALVIN SUAREZ, individually and on behalf of
others similarly situated, v. LIQUID BLUE, INC., Case No.
1:23-cv-10140 (S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Liquid Blue, Inc. is an apparel company in New York. [BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, PC
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (516) 287-3458
E-mail: Glevy@glpcfirm.com
MARGARITA'S HOUSE: Torres Files Class Suit in Cal. State Court
--------------------------------------------------------------
A class action lawsuit has been filed against Margarita's House
Cleaning Inc. and Janitorial Services, et al. The case is captioned
as GUADALUPE MIREYA GONZALES TORRES, on behalf of herself and all
others similarly situated, v. MARGARITA'S HOUSE CLEANING INC. AND
JANITORIAL SERVICES, et al., Case No. STK-CV-UOE-2023-0012264 (Cal.
Super., San Joaquin Cty., November 17, 2023).
A case management conference is set for May 15, 2024, before Judge
Robert T. Waters.
Margarita's House Cleaning Inc. and Janitorial Services is a house
cleaning service in Tracy, California. [BN]
The Plaintiff is represented by:
Harris Emran, Esq.
EMRAN LAW
415 Mission Street, 37th Floor
San Francisco, CA 94105
Telephone: (415) 890-0041
MARS INC: Intercepts Internet Communications, Jimenez Says
----------------------------------------------------------
LIZETH JIMENEZ, AYREANNE BORDEAUX, KRYSTINE AQUINO-RORALDO, and
REGINA BERRIOS, individually and on behalf of all others similarly
situated, Plaintiffs v. MARS, INC., Defendant, Case No.
2:23-cv-09610 (C.D. Cal., November 13, 2023) alleges that Defendant
aided, agreed with, and conspired with Facebook to track and
intercept Plaintiffs' and Class members' Internet communications
while accessing its websites in violation of the California
Invasion of Privacy Act.
The Plaintiffs bring this suit on behalf of all Facebook users who
have an account with Banfield Pet Hospital or VCA Animal Hospitals.
They assert that Defendant, when aiding and assisting Facebook's
eavesdropping, intended to help Facebook learn some meaning of the
content in the URLs and the content the visitor requested. They
mention that data collected on Defendant's websites constitute
"confidential communications," as that term is used in Section 632,
because Class members had objectively reasonable expectations of
privacy with respect to their personally identifiable information.
Mars. Inc. owns and operates Banfield Pet Hospital and VCA Animal
Hospitals.[BN]
The Plaintiffs are represented by:
Sarah N. Westcot, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 1420
Miami, FL 33131
Telephone: (305) 330-5512
E-mail: swestcot@bursor.com
MASTERCARD INTERNATIONAL: Jones Sues Over Website Restrictions
--------------------------------------------------------------
MISTY D. JONES, an individual; ROBERT LIPTON, an individual; ELLIOT
IVINS, an individual; REBECCA LIEN, an individual; and RENEE ALICE
WATROBA, an individual, on behalf of themselves and all others
similarly situated, Plaintiffs v. MASTERCARD INTERNATIONAL
INCORPORATED, a corporation; and DOES 1 through 100, Defendants,
Case No. 23STCV28742 (Cal. Super., Los Angeles Cty., November 21,
2023) seeks statutory damages available as a result of Defendants'
violation of the California Civil Code section 1670.8, as well as
public injunctive relief to enjoin ongoing violations of said
statutory provisions.
The class action is brought for the benefit and protection of
Plaintiffs, and all other similarly situated consumers who are
residents of California and who have accessed and used
"mastercard.us". In order to maintain a positive public image,
Defendants have engaged in an intentional business strategy to
silence each and every customer or potential customer who visits
their website by purporting to bind users to their
Terms--immediately upon accessing the website. The Terms require
users to agree they will not use Defendants' Website to portray
Mastercard, or its products or services in a false, misleading,
derogatory, or otherwise offensive matter. With this restriction,
the Defendants intentionally, willfully, or recklessly seek to have
Plaintiffs and the Class members waive their right as consumers to
make statements regarding Defendants, their employees, agents, and
goods and/or services, which restriction is prohibited under the
California law and is contrary to public policy, says the suit.
Mastercard develops, markets, and sells a variety of financial
goods or services. It is considered as the second-largest payment
processing corporation in the world. [BN]
The Plaintiffs are represented by:
Christopher R. Rodriguez, Esq.
Andrew D. Bluth, Esq.
John R. Ternieden, Esq.
Trent J. Nelson, Esq.
Yuqing "Emily" Min, Esq.
SINGLETON SCHREIBER
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
E-mail: crodriguez@singletonschreiber.com
abluth@singletonschreiber.com
jternieden@singletonschreiber.com
tnelson@singletonschreiber.com
emin@singletonschreiber.com
- and -
Thomas A. Leary, Esq.
LAW OFFICE OF THOMAS LEARY, APC
3023 First A venue
San Diego, CA 92103
Telephone: (619) 291-1900
MAXIMUS 909: Neely Sues Over Failure to Pay Timely Wages
--------------------------------------------------------
KEVIN NEELY, individually and on behalf of all others similarly
situated, Plaintiff v. MAXIMUS 909 OPERATIONS, LLC, Defendant, Case
No. 1:23-cv-01178 (W.D.N.Y., Nov. 14, 2023) is a class action on
behalf of all employees of Defendant Maximus 909 Operations in the
State of New York that engage in manual work in the course of
employment.
The Plaintiff alleges the Defendants' violation of NYLL by failing
to pay timely wages and failing to provide wage notice and wage
statements.
The Plaintiff was employed by Defendant as a certified nurse's
assistant from approximately August 2019 to March 2021 at its
Lockport Rehab and Day Care Center in New York.
Maximus 909 Operations, LLC operates a nursing home licensed by the
State of New York under the name Lockport Rehab and Health Care
Center.[BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatllc.com
MIDNIGHT MOON: Danso Files ADA Class Suit in S.D.N.Y.
-----------------------------------------------------
A class action lawsuit has been filed against Midnight Moon Co.,
Inc. The case is captioned as CHARITY DANSO, individually and on
behalf of others similarly situated, v. MIDNIGHT MOON CO., INC.,
Case No. 1:23-cv-10135 (S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Midnight Moon Co., Inc. is a company doing business in New York.
[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
MR. COOPER GROUP: Borge Sues Over Personal Injury in N.D. Texas
---------------------------------------------------------------
A class action lawsuit has been filed against Mr. Cooper Group,
Inc. The case is captioned as REY BORGE, individually and on behalf
of all others similarly situated, v. MR. COOPER GROUP, INC., Case
No. 3:23-cv-02561-N (N.D. Tex., November 17, 2023).
The suit is brought over alleged personal injury.
Mr. Cooper Group, Inc. is a mortgage corporation headquartered in
Dallas, Texas. [BN]
The Plaintiff is represented by:
Ryan L. Thompson, Esq.
THOMPSON LAW LLP
3300 Oak Lawn Avenue, Suite 300
Dallas, TX 75219
Telephone: (214) 755-7777
Facsimile: (214) 716-0116
E-mail: rthompson@triallawyers.com
- and -
Brian C. Gudmundson, Esq.
Jason Johnston, Esq.
Michael J. Laird, Esq.
ZIMMERMAN REED, LLP
1100 IDS Center
80 South 8th St.
Minneapolis, MN 55402
Telephone: (612) 341-0400
E-mail: brian.gudmundson@zimmreed.com
Jason.Johnston@zimmreed.com
michael.laird@zimmreed.com
MR. COOPER GROUP: Stump Files Labor Suit in N.D. Texas
------------------------------------------------------
A class action lawsuit has been filed against Mr. Cooper Group,
Inc. The case is captioned as JENNIFER STUMP, individually and on
behalf of all others similarly situated v. MR. COOPER GROUP, INC.,
Case No. 3:23-cv-02562-G (N.D. Tex., November 17, 2023).
The nature of the suit is stated as 190 Labor - Other Contract.
Mr. Cooper Group, Inc. is a mortgage corporation headquartered in
Dallas, Texas. [BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
NATIONAL COLLEGIATE: Fontenot Sues Over Athlete's Pay Prohibition
-----------------------------------------------------------------
ALEX FONTENOT, individually and on behalf of all others similarly
situated, Plaintiff v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION;
SOUTHEASTERN CONFERENCE; PAC-12 CONFERENCE; THE BIG TEN CONFERENCE,
INC.; THE BIG TWELVE CONFERENCE, INC.; and ATLANTIC COAST
CONFERENCE, Defendants, Case No. 1:23-cv-03076 (D. Colo., Nov. 20,
2023) alleges violation of the Sherman Act.
The Plaintiff alleges in the complaint that the Defendants made
restraint in their bylaws prohibiting athletes from receiving "pay
in any form" for the labor that they provide, no matter how
valuable that labor is, and no matter how much the athletes would
be paid in an unrestrained market.
According to the complaint, it is the athletes that the viewer
tunes in to watch yet the athletes are not being paid their fair
share of this multi-billion dollar revenue, or any of the other
revenue, even though they, the athletes—through their labor, are
the most significant driver of that revenue. As the Defendants'
television and other revenues have increased exponentially, the
athletes' share has remained flat. Indeed, the athletes get
nothing. The NCAA's rules prohibit them from receiving a portion of
the revenue.
By operating as a cartel, however, the Defendants have for decades
depressed the compensation paid for the athletes' labor. The
Defendants, via the NCAA rules that the schools and conferences
have adopted, have forbidden the sharing of television or other
revenue with the very people who deserve it the most. The
Defendants' prohibition against compensating players is a
horizontal restraint amongst competitors to purposefully restrict
competition in the labor market for the athletes' services. The
purpose and effect of this horizontal agreement was, to fix and
suppress prices so as to make them unresponsive to a competitive
marketplace, says the suit.
THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION is a nonprofit
organization that regulates student athletics. [BN]
The Plaintiff is represented by:
Sean Grimsley, Esq.
Eric Olson, Esq.
Jason Murray, Esq.
Abigail Hinchcliff, Esq.
OLSON GRIMSLEY KAWANABE HINCHCLIFF &
MURRAY LLC
700 17th Street, Suite 1600
Denver, CO 80202
Telephone: (303) 535-9151
Email: sgrimsley@olsongrimsley.com
eolson@olsongrimsley.com
jmurray@olsongrimsley.com
ahinchcliff@olsongrimsley.com
- and -
George A. Zelcs, Esq.
Marc A. Wallenstein, Esq.
KOREIN TILLERY, LLC
205 N. Michigan Ave., Suite 1950
Chicago, IL 60601
Telephone: (312) 641-9750
Email: gzelcs@koreintillery.com
mwallenstein@koreintillery.com
- and -
Stephen M. Tillery, Esq.
Garrett R. Broshuis, Esq.
Carol O'keefe, Esq.
KOREIN TILLERY, LLC
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 241-4844
Facsimile: (314) 241-3525
Email: stillery@koreintillery.com
gbroshuis@koreintillery.com
cokeefe@koreintillery.com
- and -
Christopher M. Burke, Esq.
KOREIN TILLERY, LLC
707 Broadway, Suite 1410
San Diego, CA 92101
Telephone: (619) 625-5620
Email: cburke@koreintillery.com
NICOBLU LLC: Hernandez Sues Over ADA Violations in S.D.N.Y.
-----------------------------------------------------------
A class action lawsuit has been filed against Nicoblu LLC. The case
is captioned as EMILY HERNANDEZ, individually and on behalf of
others similarly situated v. NICOBLU LLC, Case No. 1:23-cv-10162
(S.D.N.Y., November 19, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Nicoblu LLC is an apparel and accessories company in New York.
[BN]
The Plaintiff is represented by:
I. Noor Abou-Saab, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Telephone: (718) 740-5060
E-mail: noorasaablaw@gmail.com
NORTHWELL HEALTH: Fails to Prevent Data Breach, Tudda Alleges
-------------------------------------------------------------
ANDREA TUDDA, individually and on behalf of all others similarly
situated, Plaintiff v. NORTHWELL HEALTH, INC.; and PERRY JOHNSON &
ASSOCIATES, INC., Defendants, Case No. 618932/2023 (N.Y. Sup.,
Nassau Cty., Nov. 20, 2023) is a class action against the
Defendants for their failure to properly secure and safeguard
personal identifiable information and personal health information
of the Plaintiff and the Class.
The Plaintiff alleges in the complaint that as a direct and
proximate result of the Defendants' data-security failures, the
Plaintiff's and Class Members' PII and PHI was accessed and
exfiltrated from the Defendants by unauthorized actors beginning on
at least April 7, 2023 through at least April 19, 2023 (the "Data
Breach").
Prior to and through the date of the Data Breach, the Defendants
obtained the Plaintiff's and Class Members' PII and PHI in the
ordinary course of providing medical services to them. Upon
information and belief, the Defendants then sent its healthcare
providers' treatment notes to the Defendants to be transcribed into
electronic medical records.
The Defendants inadequately maintained their network security,
platform, and software, rendering these easy prey for
cybercriminals.
NORTHWELL HEALTH, INC. operates as a non-profit organization. The
Organization offers rehabilitation and nursing facilities,
ambulatory and urgent care centers, hospice care networks, and home
health services. [BN]
The Plaintiff is represented by:
Samuel H. Rudman, Esq.
Robert M. Rothman, Esq.
Mario Alba, Jr., Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
Email: srudman@rgrdlaw.com
rrothman@rgrdlaw.com
malba@rgrdlaw.com
- and -
Stuart A. Davidson, Esq.
Lindsey H. Taylor, Esq.
Alexander C. Cohen, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
225 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
Email: sdavidson@rgrdlaw.com
ltaylor@rgrdlaw.com
acohen@rgrdlaw.com
OHANA MILITARY: Camp Files Civil Class Suit in D. Hawaii
--------------------------------------------------------
A class action lawsuit has been filed against Ohana Military
Communities, LLC, et al. The case is captioned as MARTHA JENNIFER
CAMP, individually and on behalf of all others similarly situated,
v. OHANA MILITARY COMMUNITIES, LLC, et al., Case No.
1CCV-23-0001493 (D. Hawaii, November 17, 2023).
The case type is stated as CV - Circuit Court Civil.
Ohana Military Communities, LLC is a provider of real estate
services based in Hawaii. [BN]
The Plaintiff is represented by:
James J. Bickerton, Esq.
BICKERTON LAW GROUP LLLP
745 Fort St., #801
Honolulu, HI 96813
Telephone: (808) 599-3811
Facsimile: (808) 694-3090
OLIPHANT FINANCIAL: Cabrera FDCA Suit Removed to D. New Jersey
--------------------------------------------------------------
The case styled MARILUX CABRERA, individually and on behalf of all
others similarly situated v. OLIPHANT FINANCIAL, LLC, et al., Case
No. ESX-L-006733-23, was removed from the Superior Court of New
Jersey, Essex County, to the U.S. District Court for the District
of New Jersey on November 17, 2023.
The Clerk of Court for the District of New Jersey assigned Case No.
2:23-cv-22466-ES-ESK to the proceeding.
The Plaintiff filed a complaint against the Defendants for
violation of the Fair Debt Collection Act.
Oliphant Financial, LLC is an investment company in Florida. [BN]
The Defendant is represented by:
Sean Michael O'Brien, Esq.
LIPPES MATHIAS LLP
50 Fountain Plaza, Suite 1700
Buffalo, NY 14202
Telephone: (518) 669-0813
E-mail: sobrien@lippes.com
OUTDOOR NETWORK: Martin Civil Rights Suit Removed to C.D. Cal.
--------------------------------------------------------------
The case styled RUTH MARTIN, individually and on behalf of all
others similarly situated v. OUTDOOR NETWORK LLC, Case No.
23STCV19530, was removed from Los Angeles Superior Court,
California, to the U.S. District Court for the Central District of
California on November 17, 2023.
The Clerk of Court for the Central District of California assigned
Case No. 2:23-cv-09807-AB-AJR to the proceeding.
The nature of the suit is stated as 440 Civil Rights – Other
Civil Rights.
Outdoor Network LLC is a limited liability company in Georgia.
[BN]
The Defendant is represented by:
Brett Nicole Taylor, Esq.
David Michael Berke, Esq.
COZEN O'CONNOR
601 South Figueroa Street Suite 3700
Los Angeles, CA 90017
Telephone: (213) 892-7900
(310) 621-0542
Facsimile: (213) 892-7999
E-mail: btaylor@cozen.com
dberke@cozen.com
- and -
Alexander Edwin Robinson, Esq.
COZEN O'CONNOR PC
501 West Broadway, Suite 1610
San Diego, CA 92101
Telephone: (213) 892-7972
E-mail: arobinson@cozen.com
PEOPLECONNECT INC: Allowed to File Class Cert Opposition Under Seal
-------------------------------------------------------------------
In the class action lawsuit captioned as ALICIA NOLEN, on behalf of
herself and all others similarly situated, v. PEOPLECONNECT, INC.,
a Delaware Corporation, Case No. 3:20-cv-09203-EMC (N.D. Cal.), the
Hon. Judge Edward M. Chen entered an order granting the Defendant's
administrative motion to file Peopleconnect's Opposition to
plaintiff's amended Motion for class certification under seal.
Peopleconnect provides online social network services.
A copy of the Court's order dated Nov. 14, 2023 is available from
PacerMonitor.com at https://bit.ly/40Qq84v at no extra charge.[CC]
The Defendant is represented by:
Benjamin T. Halbig, Esq.
Debbie L. Berman, Esq.
Wade A. Thomson, Esq.
Kate T. Spelman, Esq.
JENNER & BLOCK LLP
455 Market Street, Suite 2100
San Francisco, CA 94105
Telephone: (628) 267-6800
Facsimile: (628) 267-6859
E-mail: bhalbig@jenner.com
dberman@jenner.com
wthomson@jenner.com
kspelman@jenner.com
PERRY JOHNSON: Fails to Prevent Data Breach, Faivre Alleges
-----------------------------------------------------------
DENISE FAIVRE, individually and on behalf of all others similarly
situated, Plaintiff v. PERRY JOHNSON & ASSOCIATES, INC.; NORTHWELL
HEALTH, INC.; and COOK COUNTY HEALTH, Defendants, Case No.
2:23-cv-01926 (D. Nev., Nov. 20, 2023) alleges violation of the
Federal Trade Commission Act.
According to the complaint, on November 3, 2023, the Defendants
revealed that hackers were able to obtain personal information of
the Plaintiff and the Class (the "Data Breach"). As a result of
Defendants' actions and failure to act, the Plaintiff and the Class
experienced damages from (i) theft of their personally-identifiable
information ("PII") and protected healthcare information ("PHI")
and the resulting loss of privacy rights in that information; (ii)
improper disclosure of their PII and PHI; (iii) loss of value of
their PII and PHI; (iv) the amount of ongoing reasonable identity
defense and credit monitoring services made necessary as mitigation
measures; (v) Defendants' retention of profits attributable to
Plaintiff's and other customers' PII and PHI that Defendants failed
to adequately protect; (vi) economic and non-economic impacts that
flow from imminent, and ongoing threat of fraud and identity theft
to which Plaintiff is now exposed to; and (vii) ascertainable
out-of-pocket expenses and the value of their time allocated to
fixing or mitigating the effects of this Data Breach, says the
suit.
PERRY JOHNSON & ASSOCIATES, INC. provides health information
technology solutions. The Company offers medical transcription,
coding, billing, recording, digital dictation system, and court
reporting services. [BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
3100 W. Charleston Boulevard, Suite 208
Las Vegas, NV 89102
Telephone: (725) 235-9750
Email: lasvegas@stranchlaw.com
- and -
James E. Cecchi, Esq.
Caroline F. Bartlett, Esq.
Jason M. Alperstein, Esq.
Kevin G. Cooper, Esq.
Jordan M. Steele, Esq.
CARELLA BYRNE CECCHI
BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Email: jcecchi@carellabyrne.com
cbartlett@carellabyrne.com
kcooper@carellabyrne.com
jsteele@carellabyrne.com
PETROSIAN ESTHETIC: Bunting Sues Over Disabled Rights' Violations
-----------------------------------------------------------------
A class action lawsuit has been filed against Petrosian Esthetic
Enterprises, LLC. The case is captioned as RASHETA BUNTING,
individually and on behalf of all others similarly situated, v.
PETROSIAN ESTHETIC ENTERPRISES, LLC, Case No. 1:23-cv-08577
(E.D.N.Y., November 17, 2023).
The suit is brought over Defendant's alleged violation of the
American with Disabilities Act.
Petrosian Esthetic Enterprises, LLC is a limited liability company
in California. [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
REAL ESTATE: March Sues Over Artificially Inflated Commissions
--------------------------------------------------------------
MONTY MARCH, on behalf of himself and all others similarly
situated, Plaintiff v. REAL ESTATE BOARD OF NEW YORK; REAL ESTATE
BOARD OF NEW YORK LISTING SERVICE; BROWN HARRIS STEVENS, LLC;
CHRISTIE'S INTERNATIONAL REAL ESTATE LLC; COLDWELL BANKER LLC;
COMPASS, INC.; CORE MARKETING SERVICES LLC; THE CORCORAN GROUP,
INC.; DOUGLAS ELLIMAN, INC.; ELEGRAN REAL ESTATE, d/b/a ELEGRAN
LLC; ENGEL & VOLKERS LLC; FOX RESIDENTIAL GROUP LLC; HALSTEAD REAL
ESTATE LLC; HOMESNAP INC.; KELLER WILLIAMS NYC, LLC; LESLIE J.
GARFIELD & CO., INC.; LEVEL GROUP INC.; M.N.S. REAL ESTATE NYC,
LLC; MODERN SPACES LLC; THE AGENCY LLC; THE MODLIN GROUP LLC; NEST
SEEKERS INTERNATIONAL LLC; OXFORD PROPERTY GROUP LLC; R NEW YORK
LLC; RE/MAX, LLC; SERHANT LLC; SLOANE SQUARE LLC; and SOTHEBY’S
INTERNATIONAL REALTY AFFILIATES LLC, Defendants, Case No.
1:23-cv-09995 (S.D.N.Y., Nov. 13, 2023) is an antitrust class
action seeking damages and injunctive relief for violations of
Section 1 of the Sherman Antitrust Act; New York state antitrust;
and unjust enrichment law against REBNY, REBNY Residential Listing
Service and various Manhattan residential real estate brokerage
firms.
According to the complaint, the Plaintiff, an individual who listed
and sold Manhattan residential real estate pursuant to REBNY and
the REBNY Listing Service Universal Co-Brokerage Agreement/Rules
and Regulations, was forced to pay artificially inflated
commissions in violation of Section 1 of the Sherman Act and New
York state antitrust and unjust enrichment laws. The Plaintiff
brings this action on behalf of himself, and all other similarly
situated sellers, who sold residential real estate in Manhattan and
were forced to pay a Buyer Broker's commission in accordance with
the REBNY Listing Service rules from November 8, 2019 until the
present.
By virtue of the REBNY Listing Service Buyer Broker Commission
Rule, REBNY, Defendants, and their agents, have entered into an
unlawful agreement and/or conspiracy to fix, raise, maintain, or
stabilize Manhattan residential real estate commissions in
restraint of trade, says the suit.
Real Estate Board of New York is a trade association for the real
estate industry in New York City.[BN]
The Plaintiff is represented by:
Michael M. Buchman, Esq.
MOTLEY RICE LLC
777 Third Avenue, 27th Floor
New York, NY 10017
Telephone: (212) 577-0050
E-mail: mbuchman@motleyrice.com
- and -
Patrick Coughlin, Esq.
Carmen Medici, Esq.
Jonathan Smallwood, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
E-mail: pcoughlin@scott-scott.com
cmedici@scott-scott.com
jsmallwood@scott-scott.com
- and -
Patrick McGahan, Esq.
Isabella De Lisi, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 South Main Street P.O. Box 192
Colchester, CT 06415
Telephone: (860) 537-5537
E-mail: pmcghan@scott-scott.com
idelisi@scott-scott.com
REAL INNOVATION: Ingber Sues Over Unsolicited Marketing Calls
-------------------------------------------------------------
A class action lawsuit has been filed against Real Innovation Inc.
et al. The case is captioned as JASON INGBER, et al., individually
and on behalf of all others similarly situated, v. REAL INNOVATION
INC. et al., Case No. 2:23-cv-09789-WLH-JC (C.D. Cal., November 17,
2023).
The Plaintiff filed a complaint against the Defendants for
violation of the Telephone Consumer Protection Act.
Real Innovation Inc. is a life insurance company in California.
[BN]
The Plaintiff is represented by:
Amir J. Goldstein, Esq.
LAW OFFICES AMIR GOLDSTEIN
7034 Beverly Boulevard, Suite 212
Los Angeles, CA 90036
Telephone: (323) 937-0400
Facsimile: (866) 288-9194
E-mail: ajg@consumercounselgroup.com
RRA CP: Faces Chavarria Debt Collection Suit in E.D. Virginia
-------------------------------------------------------------
A class action lawsuit has been filed against RRA CP Opportunity
Trust 1, et al. The case is captioned as GLORIA CHAVARRIA,
individually and on behalf of all others similarly situated v. RRA
CP OPPORTUNITY TRUST 1, et al., Case No. 1:23-cv-01575-LMB-IDD
(E.D. Va., November 17, 2023).
The Plaintiff filed a complaint against the Defendants for
violation of the Fair Debt Collection Act.
RRA CP Opportunity Trust 1 is a collection agency in Delaware.
[BN]
The Plaintiff is represented by:
Kristi Cahoon Kelly, Esq.
KELLY GUZZO PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7570
Facsimile: (703) 591-9285
E-mail: kkelly@kellyguzzo.com
SANMINA CORP: Ramirez Files Suit Over Unlawful Labor Practices
--------------------------------------------------------------
GERARDO RAMIREZ, individually, and on behalf of other members of
the general public similarly situated, Plaintiff v. SANMINA
CORPORATION, a Delaware corporation; and DOES 1 through 100,
inclusive, Case No. 23CV051245 (Cal. Super., Alameda Cty., Nov. 14,
2023) is a class action against the Defendants for compensatory
damages, restitution, penalties, wages, premium pay, and pro rata
share of attorneys' fees pursuant to the California Labor Code and
the California Business & Professions Code.
The Plaintiff alleges the Defendants' failure to pay wages, without
abatement or reduction; failure to pay the legally required
overtime compensation; failure to provide meal and/or rest periods;
failure to pay minimum wages; failure to timely pay all wages due;
failure to comply wage reporting; failure to furnish complete and
accurate payroll records; failure to reimburse necessary
business-related expenses and costs; and engagement in unfair
business practices.
Plaintiff Ramirez was employed by the Defendants as an hourly-paid,
non-exempt employee from approximately July 2019 to the present.
Sanmina Corporation is an American electronics manufacturing
services provider headquartered in San Jose, California that serves
original equipment manufacturers in communications and computer
hardware fields.[BN]
The Plaintiff is represented by:
Arby Aiwazian, Esq.
LAWYERS FOR JUSTICE, PC
410 West Arden Avenue, Suite 203
Glendale, CA 91203
Telephone: (818) 265-1020
Facsimile: (818) 265-1021
E-mail: aa@calljustice.com
SAPPHIRE SOL: Slade Sues Over Violation of Disabled's Civil Rights
------------------------------------------------------------------
A class action lawsuit has been filed against Sapphire Sol LLC. The
case is captioned as LINDA SLADE, individually and on behalf of
others similarly situated, v. SAPPHIRE SOL LLC, Case No.
1:23-cv-10144-JPC (S.D.N.Y., November 17, 2023).
The nature of suit is stated as 446 Civil Rights - Americans with
Disabilities - Other.
Sapphire Sol LLC is a business consulting and services in 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
SNOGA ATHLETICS: Hernandez Files ADA Class Complaint in S.D.N.Y.
----------------------------------------------------------------
A class action lawsuit has been filed against Snoga Athletics, LLC.
The case is captioned as EMILY HERNANDEZ, individually and on
behalf of others similarly situated v. SNOGA ATHLETICS, LLC, Case
No. 1:23-cv-10161 (S.D.N.Y., November 19, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Snoga Athletics, LLC is an active wear company in New York. [BN]
The Plaintiff is represented by:
I. Noor Abou-Saab, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Telephone: (718) 740-5060
E-mail: noorasaablaw@gmail.com
STERICYCLE INC: Fails to Timely Pay Workers, Pino Says
------------------------------------------------------
CHRISTOPHER PINO, individually and on behalf of all others
similarly situated, Plaintiff v. STERICYCLE INC., Defendant, Case
No. 1:23-cv-15956 (N.D. Ill., Nov. 14, 2023) arises from the
Defendant's violation of New York Labor Law by paying Plaintiff and
others similarly situated manual workers every other week rather
than on a weekly basis.
Plaintiff Pino was employed by Defendant from approximately
February 2017 to April 2017 as a hospital services technician in
Rochester, New York. He was paid every other week, rather than
weekly, during his employment with Defendant. Thus, for half of
each biweekly pay period, he was injured in that he was temporarily
deprived of money owed to him, and he could not invest, earn
interest on, or otherwise use these monies that were rightfully
his, says the Plaintiff.
Stericycle Inc. is engaged in the business of providing medical
waste disposal services in the United States and abroad.[BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
BURSOR & FISHER, P.A
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: ykopel@bursor.com
TAKEDA PHARMACEUTICALS: UFCW Files Suit to Recover Overcharges
--------------------------------------------------------------
UFCW LOCAL 1500 WELFARE FUND, UNIFORMED FIRE OFFICERS ASSOCIATION
FAMILY PROTECTION PLAN LOCAL 854, and UNIFORMED FIRE OFFICERS
ASSOCIATION FOR RETIRED FIRE OFFICERS FAMILY PROTECTION PLAN.
Plaintiffs v. TAKEDA PHARMACEUTICALS U.S.A., INC., WATSON
LABORATORIES, INC., TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA
PHARMACEUTICALS USA, INC., and AMNEAL PHARMACEUTICALS LLC,
Defendants, Case No. 1:23-cv-10030 (S.D.N.Y., Nov. 14, 2023) is a
class action against the Defendants for conspiracy in restraint of
trade, monopolization, and unfair methods of competition and unfair
and/or unconscionable conduct in violation of state laws.
According to the complaint, three generic drug companies -- Par,
Amneal, and Watson -- challenged Takeda's patents of Colcrys gout
drug, and in late 2015, on the eve of a trial that Takeda was
almost certain to lose, Takeda proposed to allocate the market with
the generic challengers rather than open the market to full generic
competition, which in turn would cause Takeda's profits to decline
precipitously. The generics agreed to the conspiracy. The scheme
initially succeeded, keeping Colcrys prices high for years after
they would otherwise have been reduced to competitive levels. But
when Hikma (another drug manufacturer), defeated the Colcrys
patents in a different case about a separate drug Mitigare, an
"acceleration clause" under the settlements was triggered, leading
to generic colchicine entry on November 25, 2019, says the suit.
The Defendants' conduct forced third-party payers (TPPs) to provide
reimbursements for prescriptions of brand and generic Colcrys at
inflated prices for several years longer than they would have
without the conspiracy. Absent Defendants' conduct (1) more of
those prescriptions would have been filled with a lower-cost
generic instead of the brand, (2) the prices paid for generic
prescriptions would have been lower than what Plaintiffs and other
TPPs paid, and (3) the prices paid for branded prescriptions would
have been lower than what Plaintiffs and other TPPs paid. The
Plaintiffs bring this action under state law and Federal Rule of
Civil Procedure 23 to recover the overcharges paid by it and other
TPPs, the suit claims.
Plaintiff UFCW Local 1500 Welfare Fund is a multi-employer welfare
benefits fund with its principal place of business in Westbury, New
York.
Takeda Pharmaceuticals U.S.A. is a research-based pharmaceutical
company.[BN]
The Plaintiffs are represented by:
Greg Linkh, Esq.
Brian Brooks, Esq.
Lee Albert, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Avenue, Suite 530
New York, NY 10169
Telephone: (212) 682-5340
Facsimile: (212) 884-0988
E-mail: glinkh@glancylaw.com
bbrooks@glancylaw.com
lalbert@glancylaw.com
- and -
Domenico Minerva, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
E-mail: dminerva@labaton.com
- and -
Dena C. Sharp, Esq.
Scott Grzenczyk, Esq.
Tom Watts, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: dsharp@girardsharp.com
scottg@girardsharp.com
tomw@girardsharp.com
TIKTOK INC: Hagen et al. Sue Over Unlawful Terms of Service
-----------------------------------------------------------
RILEY HAGEN, an individual; JONATHON HOLLIS, an individual; PATRICK
AMES, an individual; DESHANAY GUNN, an individual; ELIZABETH
MACKAN, an individual; TERESA CONTRERAS, an individual, on behalf
of themselves and all others similarly situated, Plaintiffs v.
TIKTOK INC., a California corporation; TIKTOK BYTE DANCE, LLC, a
California limited liability company; and DOES 1 through 100,
inclusive, Defendants, Case No. 23STCV28623 (Cal. Super., Los
Angeles Cty., November 21, 2023) seeks statutory damages available
as a result of Defendants' violation of the California Civil Code
section 1670.8, as well as public injunctive relief to enjoin
ongoing violations of said statutory provisions.
The class action is brought for the benefit and protection of
Plaintiffs, and all other similarly situated consumers who are
residents of California and who have used or accessed at least one
of Defendants' mobile applications or websites, including but not
limited to TikTok mobile applications and TikTok.com. It arises
from the Defendants' unlawful restrictions that are included in
their Terms of Service and are imposed upon TikTok's customers and
prospective customers. With the said restrictions, TikTok seeks to
have users waive their right as consumers to make negative
statements regarding TikTok or its employees, agents, goods or
services, and further threatens to penalize consumers for making
such statements, says the suit.
Headquartered in Culver City, CA, TikTok Inc. operates and provides
social media services. The company is engaged in the business of
advertising, promoting, marketing, selling, and distributing social
media services and consumer products through its mobile application
or website. [BN]
The Plaintiffs are represented by:
Christopher R. Rodriguez, Esq.
Andrew D. Bluth, Esq.
John Ternieden, Esq.
Trent J. Nelson, Esq.
Yuqing "Emily" Min, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
E-mail: crodriguez@singletonschreiber.com
abluth@singletonschreiber.com
jtemieden@singletonschreiber.com
tnelson@singletonschreiber.com
emin@singletonschreiber.com
- and -
Thomas A. Leary, Esq.
LAW OFFICE OF THOMAS LEARY, APC
3023 First Avenue
San Diego, CA 92103
Telephone: (619) 291-1900
TOPO ATHLETIC: Morgan Sues Over Civil Rights Violation in S.D.N.Y.
------------------------------------------------------------------
A class action lawsuit has been filed against Topo Athletic LLC.
The case is captioned as PARADISE MORGAN, individually and on
behalf of others similarly situated v. TOPO ATHLETIC LLC, Case No.
1:23-cv-10141-LJL (S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Topo Athletic LLC is a sportswear company in 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
U.S. ANESTHESIA: Electrical Medical Sues Over Anesthesia Monopoly
-----------------------------------------------------------------
ELECTRICAL MEDICAL TRUST; and PLUMBERS LOCAL UNION NO. 68 WELFARE
FUND, individually and on behalf of all others similarly situated,
Plaintiffs v. U.S. ANESTHESIA PARTNERS, INC.; WELSH, CARSON;
ANDERSON & STOWE XI, L.P.; WCAS ASSOCIATES XI, LLC; WELSH, CARSON,
ANDERSON & STOWE XII, L.P.; WCAS ASSOCIATES XII, LLC; WCAS
MANAGEMENT CORPORATION; WCAS MANAGEMENT, L.P.; and WCAS MANAGEMENT,
LLC, Defendants, Case No. 4:23-cv-04398 (S.D. Tex., Nov. 20, 2023)
is an action seeking the challenges a multi-year anticompetitive
scheme by the Defendant U.S. Anesthesia Partners, Inc. and
Defendant Welsh, Carson, Anderson & Stowe to monopolize hospital
anesthesia services in Texas, drive up prices, and increase their
profits.
According to the complaint, Welsh Carson is a multibillion-dollar
New York-based private equity firm. In 2012, it formed USAP, a
physician services organization that "partners" with -- a euphemism
for acquires -- anesthesia providers. Defendants pitch USAP to
doctor groups as a more efficient anesthesiology firm with money to
invest in quality. Welsh Carson and USAP's actual strategy,
however, has nothing to do with improving efficiency or quality.
Instead, from USAP's conception, Defendants planned and pursued an
"aggressive 'buy and build' consolidation strategy" targeting
"practices with high market share in a few key markets." Welsh
Carson and USAP knew that if they could buy their way to a dominant
market share, then USAP would have enhanced "negotiating leverage
with commercial payors" enabling it to raise prices for anesthesia
services. When Welsh Carson and USAP could not buy the competition,
they entered agreements with their would-be rivals. The Defendants
formed price-fixing agreements with at least three anesthesia
groups, including their two largest rivals. USAP also agreed with
another physician group that provides anesthesiology services to
allocate the market. Through these agreements, Welsh Carson and
USAP further increased prices, says the suit.
U.S. ANESTHESIA PARTNERS, INC. provides healthcare services. The
Company offers anesthesia care, acute and chronic pain management,
nursing, and medical services. [BN]
The Plaintiff is represented by:
Nimish Desai, Esq.
Brendan P. Glackin, Esq.
Lin Y. Chan, Esq.
Jules Ross, Esq.
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
Email: ndesai@lchb.com
bglackin@lchb.com
lchan@lchb.com
jross@lchb.com
ULTA BEAUTY: Scott et al. Sue Over Unlawful Website Restrictions
----------------------------------------------------------------
ERIN SCOTT, an individual; MARGARET CRUZ, an individual; PAIGE
VASSEUR, an individual; ELIZABETH MARIE SALCEDO, an individual; and
XOCHITL POBLANO, an individual, on behalf of themselves and all
others similarly situated, Plaintiffs v. ULTA BEAUTY INC., a
Delaware corporation; ULTA SALON, COSMETICS & FRAGRANCE, INC., a
Delaware corporation; and DOES 1 through 100, inclusive,
Defendants, Case No. 23STC28662 (Cal. Super., Los Angeles Cty.,
November 21, 2023) arises from the Defendants' unlawful business
practices that violate the California Civil Code section 1670.8 and
the California Business and Professions Code section 17200.
In order to use and benefit from Defendants' website, website
visitors, or users, are informed that they must agree to
Defendants' Terms and Conditions. However, the Terms that the
Defendants impose upon customers and prospective customers of Ulta
prohibits its users from using or making any statements about its
trademarked brands in any manner that disparages or discredits
Ulta. By way of these provisions, Ulta seeks to have users waive
their right as consumers to make negative statements regarding Ulta
or its employees, agents, goods or services, and further threatens
to penalize consumers for making such statements, says the suit.
Ulta Beauty Inc., along with its affiliated corporate entities,
develops, markets, and sells a wide variety of beauty supply
products and services, including without limitation makeup, hair
care, skin care, fragrances, and lotions. It operates over 1,000
retail outlets nationwide and generate sales through, among other
means, its website. [BN]
The Plaintiffs are represented by:
Christopher R. Rodriguez, Esq.
Andrew D. Bluth, Esq.
John R. Ternieden, Esq.
Trent J. Nelson, Esq.
Yuqing "Emily" Min, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
E-mail: crodriguez@singletonschreiber.com
abluth@singletonschreiber.com
jtemieden@singletonschreiber.com
tnelson@singletonschreiber.com
emin@singletonschreiber.com
- and -
Thomas A. Leary, Esq.
LAW OFFICE OF THOMAS LEARY, APC
10 3023 First Avenue
San Diego, CA 92103
Telephone: (619) 291-1900
UNION HOT: Nolasco Sues Over Unpaid Minimum, Overtime Wages
-----------------------------------------------------------
JAIME NOLASCO, individually and on behalf of others similarly
situated, Plaintiff v. UNION HOT BAGLE & DELI LLC (DBA UNION HOT
BAGELS), NAYEF M. ABUABEID and KEVIN WOODRING, individually,
Defendants, Case No. 2:23-cv-22333 (D.N.J., Nov. 13, 2023) seeks to
recover Plaintiff's unpaid minimum wages and overtime compensation
pursuant to Fair Labor Standards Act and of the New Jersey State
Wage and Hour Law.
The Plaintiff was employed by the Defendant as a cook and an
attendant from January 2022 until October 2022. He asserts that
Defendants maintained a policy and practice of requiring him and
the FLSA collective employees to work more than 40 hours per week
without providing them with any additional compensation.
Union Hot Bagle & Deli LLC is a duly organized New Jersey business
corporation.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
UNITEDHEALTH GROUP: Vasquez Sues Over Failure to Pay Proper Wages
-----------------------------------------------------------------
NOEMI VASQUEZ, PAOLA ARRIAGA-MARTINEZ, individually, and on behalf
of all other aggrieved employees, Plaintiff v. UNITEDHEALTH GROUP
INCORPORATED, a California nonprofit mutual benefit corporation;
OPTUM CARE, INC., a Delaware Corporation; OPTUMCARE MANAGEMENT,
LLC, a California Limited Liability Company; and DOES 1-20,
inclusive, Defendants, Case No. 23STCV27853 (Cal. Super., Los
Angeles Cty., Nov. 14, 2023) is a representative action brought by
the Plaintiffs, on behalf of the general public as private attorney
general and all other current and former aggrieved employees, to
recover civil penalties and address an employer's violations of the
California Labor Code.
According to the complaint, the Defendants violated various
provisions of the California Labor Code as they implemented
policies and practices which led to unpaid wages resulting from:
(a) failure to accurately pay overtime wages, (b) failure to pay
minimum wages (c) failure to provide meal periods; (d) failure to
authorize and permit rest breaks; (e) failure to pay all wages
earned and owed upon separation from Defendant's employ; and (f)
failure to provide accurate itemized wage statements; (g) failure
to maintain accurate and complete records; and (h) failure to
indemnify for necessary business expenses.
Plaintiffs Vasquez and Arriaga-Martinez were employed by the
Defendants as a licensed vocational nurse and a medical assistant
lead, respectively.
UnitedHealth Group Incorporated is a California nonprofit mutual
benefit corporation.[BN]
The Plaintiffs are represented by:
Ronald W. Makarem, Esq.
Samuel Almon, Esq.
Daniel J. Bass, Esq.
MAKAREM & ASSOCIATES APLC
11601 Wilshire Boulevard, Suite 2440
Los Angeles, CA 90025-1760
Telephone: (310) 312-0299
Facsimile: (310) 312-0296
- and -
Michael F. Rahmanou, Esq.
RAHM LAW GROUP, APC
9100 Wilshire Blvd. Suite 220 West Bldg
Beverly Hills, CA 90212
Telephone: (424) 777-3842
Facsimile: (424) 999-3088
UNIVERSITY OF MINNESOTA: Martin Files Suit Over Data Breach
-----------------------------------------------------------
Jasmyn Martin, individually and on behalf of herself and all others
similarly situated, Plaintiff v. University of Minnesota,
Defendant, Case No. 27-CV-23-17459 (Minn. Dist., 4th Judicial,
Hennepin Cty., Nov. 13, 2023) is a class action against the
Defendant for negligence, negligence per se, and the Minnesota
Government Data Practices Act seeking relief for Plaintiff's
injuries and those of persons who were similarly impacted by an
alleged data breach and inadequate data security.
According to the complaint, the Defendant failed to implement
reasonable security measures to keep students and employees'
information safe. As a result, a hacker active on the dark web with
a username of "niggy" infiltrated UMN's database and gained access
to personally identifying information (PII) and other sensitive
information, including over 7 million unique social security
numbers. The stolen information includes data from digitized
records initially created as far back as 1989, says the suit.
The data breach has already had serious consequences and will
continue to do so. As a direct and proximate result of UMN's
inadequate data security and the resulting data breach, Plaintiff
and the Class have suffered, and will continue to suffer,
ascertainable losses, economic damages, and other actual injury and
harm, including: (i) from the untimely and inadequate notification
of the data breach, (ii) the diminished value of their personal
information; (iii) the resulting immediate and continuing risk of
future ascertainable losses, economic damages and other actual
injury and harm, (iv) the opportunity cost and value of lost time
they must spend to monitor their financial accounts and other
accounts; (v) out-of-pocket expenses for securing identity theft
protection and other similar necessary services; and (iv) emotional
harm and distress from the exposure of their sensitive records and
the prolonged and heightened risk of harm, the suit alleges.
Plaintiff Martin applied to attend school as an undergraduate at
the UMN in 2016. In her application, she provided UMN with her PII,
including her name, contact information, social security number,
and date of birth, among others.
University of Minnesota is a higher education public institution in
the State of Minnesota that accepts applicants to its undergraduate
and graduate programs from people throughout the United States and
from non-U.S. born individuals.[BN]
The Plaintiff is represented by:
Karen Hanson Riebel, Esq.
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Ave. South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: khriebel@locklaw.com
kmbaxter-kauf@locklaw.com
- and -
Jon Tostrud, Esq.
Anthony Carter, Esq.
TOSTRUD LAW GROUP, P.C.
1925 Century Park East Suite 2100
Los Angeles, CA 90067
Telephone: (310) 278-2600
Facsimile: (310) 278-2640
E-mail: jtostrud@tostrudlaw.com
acarter@tostrudlaw.com
- and -
Blaine Finley, Esq.
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Ave. NW
Washington, DC 20016
Telephone: (202) 789-3960
Facsimile: (202) 589-1813
E-mail: bfinley@cuneolaw.com
UNIVERSITY OF MINNESOTA: Seberson Suit Hits Data Breach
-------------------------------------------------------
Andrea Seberson, individually and on behalf of herself and all
others similarly situated, Plaintiff v. University of Minnesota,
Defendant, Case No. 27-CV-23-17616 (Minn. Dist., 4th Judicial,
Hennepin Cty., Nov. 14, 2023) is a class action brought by the
Plaintiff seeking relief for her injuries and those of persons who
were similarly impacted by an alleged data breach and inadequate
data security.
According to the complaint, UMN gathers and stores highly personal
information obtained from students, employees, applicants, and
others affiliated with the UMN. This includes personally
identifying information like names, addresses, telephone numbers,
email addresses, and social security numbers, ethnicity and
demographic information. As such, UMN has a duty to protect the
sensitive data it chooses to store. UMN recognizes the importance
of protecting this data. Indeed, it admits to being governed by the
Minnesota Government Data Practices Act and cannot release
personally identifying information without consent.
Despite these requirements and its understanding of the need to
implement reasonable security measures to keep students and
employees' information safe, UMN failed to do so. Instead, a hacker
active on the dark web with a username of "niggy" reported that he
infiltrated UMN's database and gained access to PII and other
sensitive information, including over 7 million unique social
security numbers, says the suit.
As a direct and proximate result of UMN's inadequate data security
and the resulting data breach, Plaintiff and the Class have
suffered, and will continue to suffer, ascertainable losses,
economic damages, and other actual injury and harm, the suit
asserts.
University of Minnesota is a public land-grant research university
in the Twin Cities of Minneapolis and Saint Paul, Minnesota.[BN]
The Plaintiff is represented by:
Daniel E. Gustafson, Esq.
Amanda M. Williams, 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
awilliams@gustafsongluek.com
UNUM GROUP: Contreras Data Breach Suit Transferred to D. Mass.
--------------------------------------------------------------
The case styled JOSE CONTRERAS, individually and on behalf of all
others similarly situated, Plaintiff v. UNUM GROUP CORPORATION,
Defendant, Case No. 1:23-cv-00247, was transferred from the United
States District Court for the Eastern District of Tennessee to the
United States District Court for the District of Massachusetts on
November 14, 2023.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:23-cv-12767-ADB to the proceeding.
The Plaintiff seeks to hold UNUM responsible for the injuries UNUM
inflicted on Plaintiff and approximately 531,7321 similarly
situated persons due to UNUM's impermissibly inadequate data
security, which caused the personal information of Plaintiff and
those similarly situated to be exfiltrated by unauthorized access
by cybercriminals between May 31 and June 1, 2023.
UNUM Group Corporation is an American insurance company and with
various subsidiaries.[BN]
The Plaintiff is represented by:
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Flr.
Tampa, FL 33602
Telephone: (813) 318-5169
E-mail: jyanchunis@forthepeople.com
ramen@forthepeople.com
- and -
R. Burke Keaty, II, Esq.
MORGAN & MORGAN-NASHVILLE, PLLC
810 Broadway, Suite 105
Nashville, TN 37203
Telephone: (615) 928-9901
E-mail: bkeaty@forthepeople.com
V.P. PASTRY: Hernandez Sues Over ADA Violations in E.D.N.Y.
-----------------------------------------------------------
A class action lawsuit has been filed against V.P. Pastry Shop,
Inc. The case is captioned as TIMOTHY HERNANDEZ, individually and
on behalf of others similarly situated, v. V.P. PASTRY SHOP, INC.,
Case No. 1:23-cv-08561 (E.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
V.P. Pastry Shop, Inc. is a food production company in New York.
[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
VALHALLA VITALITY: Violates Civil Rights, Martin Suit Says
----------------------------------------------------------
A class action lawsuit has been filed against Valhalla Vitality,
LLC. The case is captioned as DAMIAN MARTIN, individually and on
behalf of others similarly situated, v. VALHALLA VITALITY, LLC,
Case No. 1:23-cv-08565 (E.D.N.Y., November 17, 2023).
The nature of suit is stated as 446 Civil Rights - Americans with
Disabilities - Other.
Valhalla Vitality, LLC is a wellness provider based in New York.
[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
VERRA MOBILITY: Fails to Pay Proper Wages, Bonner Alleges
---------------------------------------------------------
ALICIA BONNER, individually and on behalf of all others similarly
situated, Plaintiff v. VERRA MOBILITY CORPORATION; and IMPACT
TECHNOLOGY RECRUITING INC., Defendants, Case No. 2:23-cv-02431-ROS
(D. Ariz., Nov. 20, 2023) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs under the Fair Labor Standards
Act.
Plaintiff Bonner was employed by the Defendants as a call center
representative.
VERRA MOBILITY CORPORATION designs and develops mobility software.
The Company offers speed, bus lane, railroad crossing, and school
bus top arm enforcement and enforcement ticketing, as well as crash
reports and video-enabled crime data analysis solutions. [BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Ave., Ste. 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
Email: jyoung@sommerspc.com
- and -
Jacqueline Mendez Soto, Esq.
BARTON MENDEZ SOTO PLLC
401 W. Baseline Road, Suite 205
Tempe, AZ 85283
Telephone: (480) 550-5165
Email: jacqueline@bartonmendezsoto.com
WUZZY WHEELS: Mercedes Files ADA Class Suit in S.D.N.Y.
-------------------------------------------------------
A class action lawsuit has been filed against Wuzzy Wheels, Inc.
The case is captioned as LUIS MERCEDES, individually and on behalf
of others similarly situated v. WUZZY WHEELS, INC., Case No.
1:23-cv-10127 (S.D.N.Y., November 17, 2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Wuzzy Wheels, Inc. is a company based in New York. [BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: pshaker@steinsakslegal.com
YESHIVA ZICHRON: Rodriguez Sues Over Janitors' Unpaid Overtime
--------------------------------------------------------------
FERNANDO RODRIGUEZ, on behalf of himself and others similarly
situated, Plaintiff v. YESHIVA ZICHRON MEILECH INC, JOSEPH
HALBERSTADT, ISAAC HEIMOVITZ and IRA LIBERMAN, individually,
Defendants, Case No. 1:23-cv-08461 (E.D.N.Y., Nov. 14, 2023) arises
from the Defendants' failure to pay overtime, failure to provide
notice at time of hiring, and failure to provide accurate wage
statements in violation of the Fair Labor Standards Act, the New
York Labor Law, and related provisions from Title 12 of New York
Codes, Rules, and Regulations.
The Plaintiff was employed by the Defendants from approximately
September 2016 until September 18, 2023, where his primary work
duty was as a janitor.
Yeshiva Zichron Meilech Inc. is a religious organization
headquartered in Brooklyn, New York.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Telephone: (212) 203-2417
ZILLOW INC: Shofet et al. Sue Over Mobile App's and Website's Terms
-------------------------------------------------------------------
JOSEPH SHOFET, an individual; KEYONNE BROOKS, an individual; GRACE
LAU, an individual; ERIC CHIUSOLO, an individual; and DAMIEN
MONTOYA, an individual, on behalf of themselves and all others
similarly situated, Plaintiffs v. ZILLOW, INC., a Washington
corporation; ZILLOW GROUP INC., a Washington corporation; ZILLOW
GROUP MARKETPLACE INC., a Washington corporation; TRULIA, LLC., a
Delaware limited liability company; and DOES 1-100, inclusive,
Defendants, Case No. 23STCV28635 (Cal. Super., Los Angeles Cty.,
November 21, 2023) seeks statutory damages available as a result of
Defendants' violations of the California Civil Code section 1670.8,
as well as public injunctive relief to enjoin ongoing violations of
said statutory provisions.
The Plaintiffs bring this class action for the benefit and
protection of Plaintiffs, and all other similarly situated
consumers who are residents of California and who have visited
and/or used at least one of the websites or mobile applications
operated by Zillow, including without limitation Zillow.com,
Zillowgroup.com, Trulia.com, Hotpads.com, Streeteasy.com and
Outeast.com.
Allegedly, the Zillow's Terms seek to have users waive their right
as consumers to make negative statements regarding Zillow or its
employees, agents, goods or services, and further threatens to
penalize consumers for making such statements. Thus, Zillow has
engaged in an intentional business strategy to silence each and
every customer or potential customer who visits its platforms by
purporting to bind users to its Terms--immediately upon accessing
any of its platforms, says the suit.
Zillow touts itself as the most-visited real estate website in the
United States, offering customers an on-demand experience to assist
consumers who are interested in selling, buying, renting and/or
financing properties. Zillow generates sales through its online
advertisements, television and radio programs, and its platforms.
[BN]
The Plaintiff is represented by:
Christopher R. Rodriguez, Esq.
Andrew D. Bluth, Esq.
John R. Ternieden, Esq.
Trent J. Nelson, Esq.
Yuqing "Emily" Min, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619)255-1515
E-mail: crodriguez@singletonschreiber.com
abluth@singletonschreiber.com
jternieden@singletonschreiber.com
tnelson@singletonschreiber.com
emin@singletonschreiber.com
- and -
Thomas A. Leary, Esq.
LAW OFFICE OF THOMAS LEARY, APC
10 3023 First Avenue
San Diego, CA 92103
Telephone: (619) 291-1900
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2023. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***