/raid1/www/Hosts/bankrupt/CAR_Public/231207.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, December 7, 2023, Vol. 25, No. 245
Headlines
ADELPHI UNIVERSITY: Refuses Prorated Tuition Refunds, Lopez Alleges
ADIDAS AMERICA: Hernandez Labor Suit Removed to E.D. Cal.
AMAZON.COM INC: Faces Class Action Over Social Casino Apps
AMERICAN HONDA: Class Cert. Filing in Raynaldo Due Nov. 20, 2024
AMERICAN TEXTILE: Shaw Sues Over False Sealy Products' Thread Count
AMERIGAL CONSTRUCTION: Barrientos Wins Collective Action Status
APPLE INC: Controls iOS Peer-to-Peer Payment Market, Pierre Claims
ARAMARK SERVICES: Class Cert Hearing in Baylon Continued to Dec. 11
ATLANTIC RECOVERY: Class Settlement in Gatchalian Gets Initial Nod
AVIAGAMES INC: Game Apps' Ads "Misleading," Pandolfi Suit Alleges
BAHCHE INC: Underpays Porters & Dishwashers, Zapeta Suit Alleges
BAYER AG: Court Sets Jan. 29 as Class Action Opt-Out Deadline
BEAUTY INDUSTRY: Aides 3rd Party to Intercept Data, Valenzuela Says
BERKELEY COUNTY, CA: Fosdick Seeks Conditional Class Certification
BESPOKEN SPIRITS: Sookul Files Civil Rights Class Suit in S.D.N.Y.
BETTENDORF, IA: Filing for Class Cert Bid Due Jan. 19, 2024
BETTENDORF, IA: Joint Bid to Stay Deadlines & Status Update Filed
BLOOM ENERGY: $3MM Class Settlement to be Heard on April 18
BOIRON INC: Dickerson Sues Over Optique1 Eye Drops' Illegal Sale
BURNTWOOD TAVERN: Claridge Suit Seeks Unpaid Wages for Servers
C & M TOPSOIL: Barrios Sues Over Unlawful Labor Practices
CASE WESTERN: More Time for Class Cert Reply Briefs Sought
CASE-MATE INC: Bilbao Sues Over Unlawful Telephonic Sales Calls
CHEMOURS CO: Must Face Residents' PFAs Class Suit In North Carolina
CHESTER COUNTY, SC: Hall Bid for Class Certification Tossed
CINMAR LLC: Transmits Unwanted Telephonic Sales Calls, Mackey Says
CITIBANK NA: Smbatian Sues Over Bank's Discriminatory Practices
COLONIAL PENN: Cole Files Class Suit in Cal. State Court
CONNEXIN SOFTWARE: Filing for Class Cert Bid Due Feb. 22
CONSOL ENERGY: Fails to Properly Pay Mining Staff, Moore Alleges
CREDIT CONTROL: Schultz Seeks Initial Approval of Class Settlement
DAVE'S KILLER: Swartz Files Bid for Class Certification
DIAMONDBACK E&P: CCHF Seeks to Certify Settlement Class
DIXON ADVISORY: Big Banks, Insurers Could Fund Payment Shortfall
DOC'S REVERSE: Fails to Pay Proper Overtime Wages, Munro Claims
DOLLAR GENERAL: Belmont County Food Pantries Get Settlement Funds
EARTHLINK HOLDINGS: Seeks Leave to File Docs Under Seal
ETHRUE-001 LLC: LaCour Suit Seeks Unpaid Wages for Maid Associates
EVIG LLC: Lukas Sues Over False Ads on Dietary Supplement Products
EXPERIAN INFO: Class Certification Discovery in Pena Extended
FAST ACQUISITION: $12.5MM Class Settlement to be Heard on Jan. 22
FCA US: Myslivecek et al. Sue Over Vehicle's Defective Clutch
FORD MOTOR: 6th Cir. Grants Petition for Class Action Review
FRESH CLEAN: Sookul Files ADA Violation Suit in S.D.N.Y.
FROM THE HEART: Gronefeld Sues Over Home Health Aides' Unpaid OT
GOTHAM PROCESS: Class Settlement in Burks Suit Gets Final Nod
HARDING UNIVERSITY: Young Sues Over Civil Rights Violations in N.Y.
HARRIS COUNTY, TX: Faces Suit Over Civil Asset Forfeiture Program
HERMES RESTAURANT: Faces Umanzor Wage-and-Hour Suit in E.D.N.Y.
HILLSDALE COLLEGE: Violates Civil Rights, Young Suit Alleges
INSPIRED CONCEPTS: Fails to Pay Proper Wages, Adams Alleges
INTERNATIONAL BUSINESS: Faces Second Health Data Breach Class Suit
KELLY SERVICES: Ruiz Labor Suit Removed to E.D. Cal.
KRAFT HEINZ: Faces Hayes Suit Over Mislabeled Macaroni and Cheese
LHNH LAVISTA: Lanz Files Personal Property Suit in N.D. Georgia
LIFESTANCE HEALTH: $50MM Class Settlement to be Heard on Jan. 24
LOS ANGELES, CA: Libman Defendants Seek to Dismiss TAC
LOUISIANA: Bid to Exclude Certain Evidence in Giroir Partly OK'd
MEGHANI WORLD: Vinson Bid to Continue Deadline Terminated as Moot
META PLATFORMS: Colorado Joins Lawsuit Over Social Media Platforms
META PLATFORMS: Idaho Joins Lawsuit Over Social Media Platforms
N.A.R. INC: Glover's FDCPA Suit Removed to D.N.J.
NATIONAL ASSOCIATION: Phillips Sues Over Housing Market Conspiracy
NEW YORK, NY: Seeks Extension of Briefing Schedule in Azor-El
NEW YORK, NY: Seeks Extension of Briefing Schedule in Barnar
NEW YORK, NY: Seeks Extension of Briefing Schedule in Carter
NEW YORK, NY: Seeks Extension of Briefing Schedule in Cole
NEW YORK, NY: Seeks Extension of Briefing Schedule in Fennell
NEW YORK: Plaintiffs in C.K. Seek Class Status
NEWCOMER FUNERAL: Fails to Pay Proper Wages, Rivera Alleges
NORTHWELL HEALTH: Brewster Sues Over Compromised Personal Info
NORTHWELL HEALTH: Faces Vetere Suit Over Compromised Personal Info
NORTHWELL HEALTH: Fails to Secure Customers' Info, Jerome Says
NORTHWELL HEALTH: Shanahan Sues Over Data Breach of Private Info
NORTHWESTERN MEDICINE: Jaworski Sues Over GIPA Violations
NOVA HOME: Parties Seek to Refer Savinova Case to Magistrate Judge
OAKTREE FUNDING: Transmits Unwanted Sales Calls, Clarke Alleges
PALMDALE 3670: Faces Munoz Wage-and-Hour Suit in Cal. State Court
PLANET EXPRESS: Osorio Sues Over Workers' Unpaid Wages
PLATINUM GROUP: Fails to Properly Pay Employees, Copp Suit Claims
PLATINUM SECURITY: Riggio Sues Over Security Guards' Unpaid Wages
PREMIER SOLAR: Underpays Non-Exempt Employees, Rodrigues Claims
PRIMARK US: Fails to Timely Pay Wages, Venning Suit Alleges
PRIME HEALTHCARE: Allowed to File Opposition Docs Under Seal
PROGRESS SOFTWARE: Clarke Sues Over Personal Property Claims
PROGRESS SOFTWARE: Marshall Suit Transferred to D. Mass.
QUEENSLAND: Class Action Mulled Over Mobile Speed Camera Accuracy
QUEENSLAND: Faces Child Protection Suit Alleging Discrimination
ROERS COS: Settles Class Suit Over Contaminated Apartment Complex
SECURITAS CRITICAL: Halsey Suit Seeks Security Guards' Unpaid OT
SLEEFS LLC: Nguyen Sues Over Illegal Telemarketing Calls
SLEEP NUMBER: Casillas Sues Over Access of Website Users' Devices
SOUTHERN NAZARENE: Bishop Sues Over ADA Violations in S.D.N.Y.
SOUTHWEST BAPTIST: Bishop Files Civil Rights Class Suit in S.D.N.Y.
SOUTHWEST HOMES: Oliver Sues Over Home Consultants' Unpaid Wages
SUZUKI MOTOR: Jackson Sues Over Defective Sports Motorcycle
TA OPERATING: Litten Suit Seeks Restaurant Servers' Unpaid Wages
TAHOE RESOURCES: $19.5MM Class Settlement to be Heard on Feb. 9
TANTEO SPIRITS: Faces Bullock Suit Over ADA Violations in S.D.N.Y.
TATA CONSULTANCY: Layoffs Without Advance Notice, Malave Claims
TEACHERS INSURANCE: Anderson Breach Suit Transferred to D. Mass.
TEACHERS INSURANCE: King's Data Breach Suit Transferred to D. Mass.
TEACHERS INSURANCE: Teppler Breach Suit Transferred to D. Mass.
TESLA INC: Karunatilaka Sues Over False Ads on EV Range Statistics
U.S. BANK: Aguilar Sues Over Improper Banking Practices
UNITED ENERGY: Winters Sues Over Unsolicited Telemarketing Calls
VISA INC: Millions of Businesses Eligible for Share of $5.54BB Deal
VOLUNTEERS OF AMERICA: Jallow Balks at Case Managers' Unpaid Wages
WALGREENS BOOTS: $192.5MM Class Settlement to be Heard on Feb. 7
WARREN GENERAL: Fails to Protect Patients' Info, Marrone Says
WENDY'S INTERNATIONAL: Little Labor Suit Removed to D. Colorado
WORLD WRESTLING: Faces Palkon Suit Over Breach of Fiduciary Duties
XPONENTIAL FITNESS: McGill Sues Over Labor Law Breaches
[*] B.C. Supreme Court Urged to Certify Suit Against Opioid Makers
*********
ADELPHI UNIVERSITY: Refuses Prorated Tuition Refunds, Lopez Alleges
-------------------------------------------------------------------
ANTONIO LOPEZ, on behalf of himself and all others similarly
situated, Plaintiff v. ADELPHI UNIVERSITY, Defendant, Case No.
618871/2023 (N.D. Sup. Ct., Nassau Cty., November 20, 2023) is a
class action against the Defendant for breach of implied contract
and unjust enrichment.
The case arises from Adelphi University's refusal to provide a
prorated refund of tuition or fees tied to its on-campus education,
services, and amenities that were not available to students for a
significant part of the Spring 2020 semester. In March 2020, in
response to the outbreak of the SARS-CoV-2 virus, the virus that
causes the COVID-19 disease, Adelphi, like many other colleges and
universities, transitioned to remote online-only education,
canceled on-campus recreational events, canceled student activity
events, and ordered students to refrain from going on campus. By
not giving prorated refunds for tuition or fees charged for
on-campus education and services not provided, Adelphi breached its
contracts with its students or was otherwise unjustly enriched, the
suit says.
Adelphi University is a private university with its main campus
located in Nassau County, New York. [BN]
The Plaintiff is represented by:
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C
1 Old Country Road. Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: mtompkins@leedsbrownlaw.com
- and -
Gary F. Lynch, Esq.
Nicholas A. Colella, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: gary@lcllp.com
nickc@lcllp.com
ADIDAS AMERICA: Hernandez Labor Suit Removed to E.D. Cal.
---------------------------------------------------------
The case styled WILMER HERNANDEZ, on behalf of himself and all
others similarly situated, and the general public, Plaintiff v.
ADIDAS AMERICA, INC., an Oregon corporation; and DOES 1 through 50,
inclusive, Defendants, Case No. 23CV009893, was removed from the
Superior Court of the State California for the County of Sacramento
to the United States District Court for the Eastern District of
California on November 15, 2023.
The Clerk of Court for the Eastern District of California assigned
Case No. 2:23-cv-02671-AC to the proceeding.
In the complaint, Plaintiff, a former employee of Defendant,
alleges the following causes of action: (1) failure to provide meal
periods; (2) failure to provide rest periods; (3) failure to pay
hourly wages and overtime; (4) failure to pay proper sick pay; (5)
failure to provide accurate written wage statements; (6) failure to
timely pay all final wages; (7) failure to pay wages due,
negotiable and payable in cash on demand; (8) failure to indemnify;
and (9) unfair competition.
Adidas America, Inc. designs and markets apparel products.[BN]
The Defendant is represented by:
Robert S. Blumberg, Esq.
Ashley J. Brick, Esq.
Donna Leung, Esq.
LITTLER MENDELSON P.C.
2049 Century Park East 5th Floor
Los Angeles, CA 90067-3107
Telephone: (310) 553-0308
Facsimile: (800) 715-1330
E-mail: rblumberg@littler.com
abrick@littler.com
dleung@littler.com
AMAZON.COM INC: Faces Class Action Over Social Casino Apps
----------------------------------------------------------
Jeff O, writing for Online Casino Reports, reports that Amazon, one
of the world's largest tech companies, is being sued for taking a
cut from alleged gambling-related proceeds from the social casino
applications hosted in its Appstore. The lawsuit claims that Amazon
has raked in billions from illegal gambling. Here's a look into the
case.
Multinational tech giant Amazon is facing a lawsuit challenging the
platform's allowance of free-to-play social casino apps in its
application store. The class action alleges that the online
retailer has brought in millions of dollars in what the suit refers
to as an 'illegal gambling enterprise.'
The class action was filed earlier in November on behalf of
plaintiff Steve Horn, a Nevada resident. He alleges that the
platform has teamed up with social gaming apps to rip off users who
have become addicted to the interactive slots. The plaintiff also
asserts that by running an app store, Amazon aggressively markets
these social casino apps that are downloaded on its consumers'
devices. The plaintiff's statement read in part:
"By moving their casino games directly onto the phones and
computers of players, and by leveraging an innocuous-sounding
'free-to-play' model, social casino companies, along with Defendant
Amazon, have found a way to smuggle slot machines into the homes of
consumers throughout the United States, 24 hours a day, 7 days a
week, and 365 days a year."
Sneaky Free-to-Play Model?
The bone of contention in this case is the free-to-play gambling
model, which the plaintiff argues is not entirely free as is
perceived and may be an insincere way to rip off the masses. While
the games are free to download and access, they usually require the
players to purchase virtual chips to proceed with their gaming
exploits.
In this case, Amazon has been accused of maintaining a 30%
financial interest while affecting its role as both a bank and an
intermediary. It is this aspect of the deal that the lawyers on the
plaintiff's side argue amounts to traditional gambling and that
operators and platforms like Amazon have contributed heavily to
skirting the law.
The lawsuit further used Statista research as a reference, pointing
out that an estimated $6 billion was wagered on social casinos in
2020. To that end, the plaintiff argues that this is where Amazon
makes the bulk of its money. The 30% quoted in the lawsuit is a
mammoth sum compared to what traditional casinos take on every
wager, which is estimated to be between 1% and 15%.
From the data described above, the lawsuit estimates that Amazon
raked in $1.8 billion in 2020 alone from its gambling exploits as
the social casinos entered a mutually beneficial contract with
Amazon. How the complainant sees it, the terms of this agreement
are such that Amazon would distribute the casino games and
accumulate valuable data and insights about the players. In return,
the tech giant is generating billions worth of revenue for
themselves from 'illegal gambling activity.'
The filed case also argues that the results of this agreement
could be detrimental. It points out that:
"The result (and intent) of this dangerous partnership is that
consumers become addicted to social casino apps, maxing out their
credit cards with purchases amounting to tens or even hundreds of
thousands of dollars. Consumers addicted to social casinos suffer a
variety of non-financial damages ranging from depression to divorce
to attempted suicide."
Plaintiffs Claim to Have Suffered Gambling Harm Courtesy of Amazon
According to the case files, Steve Horn, the plaintiff, is one of
the persons who have been adversely affected by this arrangement.
It is stated that Horn became addicted to several social gaming
apps like Take Vegas 5 Slots, Quick Hit Slots, and Lightning Link
Casino. The lawsuit details that he spent over 320 digital
transactions, spending several hours each day, and lots of money on
these social gaming apps.
Chicago-based law firm Edelson is steering the case, acting on
behalf of the plaintiff, and claims that Amazon's actions have
affected 'tens of thousands of consumers.' Thus, Edelson expects
its client to emerge victorious in this class action. Todd Logan, a
Partner from Edelson, recently had a correspondence with Reuters on
the matter, expressing confidence in victory. He said,
"We look forward to trying this case to a jury of Amazon's peers."
Edelson isn't new to such cases, with the firm having previously
collected millions of dollars in similar lawsuits. This is the
firm's eighth lawsuit involving social gaming apps.
The Legal Standing of Social Casinos in the US
The lawsuit filed against Amazon faults Amazon for continuing to
receive a 30% financial interest despite knowing that social
casinos are illegal. But is that really the case? Are social
casinos illegal across the US? Well, our research has revealed that
social casinos are majorly legal across many jurisdictions in the
US.
That said, Edelson's argument was perhaps referring to a 2018
ruling from Washington that deemed casino apps illegal. The case
involved Churchill Downs and the Big Fish Games social casino
enterprise. In the ruling, virtual chips were considered a 'thing
of value'; hence, using them to play could be deemed an act of
gambling.
Additionally, in the recent past, the courts around the country
have shown a tendency to lean to the direction of the plaintiffs in
many cases involving social gaming apps. In the Big Fish Games 2018
lawsuit, the judge went on to rule in favor of the class action,
with a whopping $155 million as a settlement to the former players.
The decision sent shockwaves throughout the industry and is still
being felt to date. Consequently, the social casino developer Big
Fish Games had to restructure, and 250 staff members ended up being
laid off.
The lawsuit against Amazon comes at a time when Apple, Meta, and
Google are facing similar lawsuits with pending legal challenges in
the 9th US Circuit Court of Appeals in San Francisco. The three
tech giants are arguing against a 2022 ruling by a California
federal judge saying that they could be held liable for processing
virtual chip payments that are a fundamental part of social gaming
apps. According to the tech triad, this could set a horrible
precedent for the internet economy.
No Response From Amazon Yet
Amazon has yet to issue a response to the lawsuit, but there is an
argument being fronted by many operators with regard to online
gaming and social casinos. The defense is that in social casinos,
players cannot bet or win any real money. As such, the operators
argue that these games are more similar to video games rather than
online gambling games. On top of that, virtual currencies do not
hold any monetary value. [GN]
AMERICAN HONDA: Class Cert. Filing in Raynaldo Due Nov. 20, 2024
----------------------------------------------------------------
In the class action lawsuit captioned as RONALD RAYNALDO, et al.,
v. AMERICAN HONDA MOTOR CO., INC., Case No. 4:21-cv-05808-HSG (N.D.
Cal.), the Hon. Judge Haywood S. Gilliam, Jr. entered a scheduling
order as follows:
Event Deadline
Amendment of Pleadings/ Joinder Nov. 17, 2023
Close of Fact Discovery Oct. 20, 2024
Exchange of Opening Expert Reports Nov. 20, 2024
Class Certification Filing Deadline Nov. 20, 2024
Exchange of Rebuttal Expert Reports Jan. 26, 2025
Opposition to Motion for Class Jan. 26, 2025
Certification Deadline
Close of Expert Discovery Mar. 12, 2025
Reply for Motion for Class Mar. 12, 2025
Certification Deadline
Class Certification Hearing Apr. 10, 2025
American Honda is the North American subsidiary of the Honda Motor
Company.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/3GDp0Il at no extra charge.[CC]
AMERICAN TEXTILE: Shaw Sues Over False Sealy Products' Thread Count
-------------------------------------------------------------------
KEVIN SHAW, individually and on behalf of all others similarly
situated, Plaintiff v. AMERICAN TEXTILE COMPANY, INC., Defendant,
Case No. 1:23-cv-10193 (S.D.N.Y., November 20, 2023) is a class
action against the Defendant for fraud and violation of the New
York General Business Law.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of Sealy-brand 1250
thread count bedding and linen products. The Defendant advertised
that the Sealy products are made with a thread count of 1250.
However, independent testing shows that the products are made with
a thread count of 286. The Plaintiff and Class members would not
have purchased the Sealy products or would not have paid as much as
they did to purchase them had they known that they were not in fact
the thread count represented. The Plaintiff and Class members
suffered monetary damages as a result of the Defendant's deceptive
and false representations, says the suit.
American Textile Company, Inc. is a textile manufacturer, with its
principal executive office located in Duquesne, Pennsylvania. [BN]
The Plaintiff is represented by:
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: aleslie@bursor.com
- and -
Joel D. Smith, Esq.
Brittany S. Scott, 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: jsmith@bursor.com
bscott@bursor.com
AMERIGAL CONSTRUCTION: Barrientos Wins Collective Action Status
---------------------------------------------------------------
In the class action lawsuit captioned as JOSUE BARRIENTOS, et al.,
v. AMERIGAL CONSTRUCTION CO. INC., et al., Case No.
1:22-cv-02618-TSC-ZMF (D.D.C.), the Hon. Judge Zia M. Faruqui
entered an order granting the Plaintiffs' motion for collective
action certification and court-facilitated notice, and nunc pro
tunc tolls the statute of limitations from October 11, 2022, the
date on which plaintiffs filed their original motion.
The Plaintiffs request that Defendants establish a 90-day opt-in
period; provide Plaintiffs' counsel with a list of current and
former Amerigal employees who have performed water main
construction or servicing work between August 2019 and the present,
including their last known addresses, phone numbers, and dates of
employment; allow Plaintiffs' attorneys to deliver notice to
potential plaintiffs’ and send a reminder notification; post
notice of the lawsuit in English and Spanish in Ameriga's main
office and company vehicles; and include the Notice and Consent
forms in English and Spanish in paychecks of Amerigal employees in
the putative class.
The Defendants do not object to these requests. Thus, the Court
grants them.
The Plaintiffs filed a putative class action against the Defendants
for violations of the Fair Labor Standards Act ("FLSA").
The Plaintiffs are construction workers who allege, on behalf of
themselves and similarly situated employees, that their employers
did not compensate them properly and made unlawful deductions from
their paychecks.
A copy of the Court's memorandum, opinion and order dated Nov. 17,
2023 is available from PacerMonitor.com at https://bit.ly/41081Jm
at no extra charge.[CC]
APPLE INC: Controls iOS Peer-to-Peer Payment Market, Pierre Claims
------------------------------------------------------------------
LAMARTINE PIERRE, MARK WHITLOCK, LYNN-MARIE RODRIGUES, and MARISSA
WILLIAMS, on behalf of themselves and all others similarly
situated, Plaintiffs v. APPLE INC., Defendant, Case No.
5:23-cv-05981 (N.D. Cal., November 17, 2023) is a class action
against the Defendant for violation of Section 1 of the Sherman
Act.
The case arises from the Defendant's action of entering into
mirroring agreements with each of its horizontal competitors in the
iOS Peer-to-Peer Payment Market, including PayPal (which owns
Venmo), Block (which owns the Cash App), and Google (which owns
Google Pay). These agreements limit feature competition and the
price competition that would flow from it market wide, including by
barring the incorporation of decentralized cryptocurrency
technology within existing or new iOS Peer-to-Peer Payment apps.
Moreover, these agreements have allowed Apple's own Apple Cash
product, and the products of other entrenched competitors including
PayPal (Venmo) and Block (Cash App), to repeatedly and
significantly increase prices and to directly restrict the supply,
output, and features of iOS Peer-to-Peer Payment apps and services,
says the suit.
Apple Inc. is a technology company, with a principal place of
business at 1 Infinite Loop, Cupertino, California. [BN]
The Plaintiffs are represented by:
Yavar Bathaee, Esq.
Andrew C. Wolinsky, Esq.
BATHAEE DUNNE LLP
445 Park Avenue, 9th Floor
New York, NY 10022
Telephone: (332) 322-8835
E-mail: yavar@bathaeedunne.com
awolinsky@bathaeedunne.com
- and -
Brian J. Dunne, Esq.
Edward M. Grauman, Esq.
BATHAEE DUNNE LLP
901 South MoPac Expressway
Barton Oaks Plaza I, Suite 300
Austin, TX 78746
Telephone: (213) 462-2772
E-mail: bdunne@bathaeedunne.com
egrauman@bathaeedunne.com
ARAMARK SERVICES: Class Cert Hearing in Baylon Continued to Dec. 11
-------------------------------------------------------------------
In the class action lawsuit captioned as JOSE BAYLON and CHRISTIAN
GUTIERREZ, individuals, on behalf of themselves, all others
similarly situated, and the general public, v. ARAMARK SERVICES,
INC., a Delaware corporation and DOES 1 to 100, inclusive, Case No.
2:23-cv-04510-PA-SK (C.D. Cal.), the Hon. Judge Percy Anderson
entered an order on stipulation to vacate hearing on the
Plaintiffs' motion for
class certification.
The Court continued the hearing on Plaintiffs' motion for class
certification to Dec. 11, 2023.
Aramark is an American food service, facilities, and uniform
services provider to clients in areas including education, prisons,
healthcare, business, and leisure.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/3GmwwHj at no extra
charge.[CC]
ATLANTIC RECOVERY: Class Settlement in Gatchalian Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as HARRIET GATCHALIAN, v.
ATLANTIC RECOVERY SOLUTIONS, LLC, et al., Case No.
3:22-cv-04108-JSC (N.D. Cal.), the Hon. Judge Jacqueline Scott
Corley entered an order granting the parties' motion for
preliminary approval of class action settlement and provisional
class certification.
Accordingly, the Plaintiff's motion for attorneys' fees shall
include declarations and detailed billing records so the Court may
determine an appropriate lodestar figure and class members and
Defendant may object to the requested fees.
The Plaintiff brings this putative consumer class action against
Defendants for abusive, deceptive, and unfair debt collection
practices. Pursuant to Federal Rule of Civil Procedure 23, the
parties now move for provisional certification of a class
exclusively for
settlement purposes, preliminary approval of a proposed class
action settlement, and a stay pending final approval.
The Plaintiff allegedly incurred and defaulted on a consumer debt
transferred to DNF Associates, LLC, which then directed Atlantic
Recovery Solutions, LLC to collect the debt from Plaintiff.
A. Class
The parties request the Court provisionally certify a class
composed of all persons with addresses in California to whom
Atlantic Recovery sent voicemail messages and/or text
messages
in an attempt to collect defaulted consumer debt on behalf of
DNF Associates, which was originally owed to Sallie Mae Bank,
from June 6, 2021, through the date of class certification.
Excluded from the class are any class members who timely mail
a
request for exclusion; any officers, directors, or legal
representatives of Defendants; and any judge, justice, or
judicial officer presiding over this matter and the members
of
their immediate families and judicial staff.
B. Payment Terms
The settlement agreement requires Defendants to pay a class
fund
of $51,975.00 as a pro rata distribution to class members,
which
will amount to no less than $175.00 to each class member,
under
15 U.S.C. section 1692k(a)(2)(B)(ii) and California Civil
Code
section 1788.17.
The Defendants will pay Plaintiff $2,000.00 in statutory
damages
pursuant to 15 U.S.C. section 1692k(a)(2)(A) and California
Civil Code section 1788.17, and $2,000.00 as a service award,
and will cease collecting from Plaintiff the debt originally
owed to Sallie Mae Bank.
Under the settlement agreement, Defendants must pay
attorneys'
fees and costs to proposed class counsel pursuant to 15
U.S.C.
section 1692k(a)(3) and California Civil Code section
1788.17.
Proposed class counsel estimates their lodestar is
approximately
$117,000 and they will request approximately $123,500 in
their
forthcoming fee motion.
Atlantic specializes in the recovery of small local retail accounts
to aiding in big business restitutions.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/4123ypx at no extra charge.[CC]
AVIAGAMES INC: Game Apps' Ads "Misleading," Pandolfi Suit Alleges
-----------------------------------------------------------------
ANDREW PANDOLFI and MANDI SHAWCROFT, on behalf of themselves and
all others similarly situated, Plaintiffs v. AVIAGAMES, INC.;
VICKIE YANJUAN CHEN; PING WANG; ACME, LLC; GALAXY DIGITAL CAPITAL
MANAGEMENT, L.P.; and OTHER UNNAMED CO-CONSPIRATORS, Defendants,
Case No. 5:23-cv-05971-NC (N.D. Cal., November 17, 2023) is a class
action against the Defendants for violations of the California
Unfair Competition Law, the Consumer Legal Remedies Act, and the
federal Racketeer Influenced and Corrupt Organizations Act (RICO).
According to the complaint, the Defendants are engaged in false,
deceptive, and misleading advertising and marketing of Avia's game
applications. The Defendants duped the Plaintiffs and similarly
situated individuals into wagering real money in games of chance,
which could be easily manipulated, instead of competing in games of
skill as advertised. The Plaintiffs spent money to play Avia's
games without the knowledge that the games were skewed in Avia's
favor and full of bots. The Plaintiffs and the Class suffered
monetary harm as a result, the suit alleges.
AviaGames, Inc. is a provider of game applications headquartered in
Mountain View, California.
ACME LLC is a venture capital investment firm based in Palo Alto,
California.
Galaxy Digital Capital Management, L.P. is a venture capital firm
headquartered in New York, New York. [BN]
The Plaintiffs are represented by:
Todd Logan, Esq.
EDELSON PC
150 California St, 18th Floor
San Francisco, CA 94111
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: tlogan@edelson.com
- and -
Matthew S. Tripolitsiotis, Esq.
BURNS CHAREST LLP
757 Third Ave, 20th Floor
New York, NY 10017
Telephone: (469) 895-5269
E-mail: mtripolitsiotis@burnscharest.com
- and -
Spencer Cox, Esq.
BURNS CHAREST LLP
4725 Wisconsin Avenue NW, Suite 200
Washington, DC 20016
Telephone: (202) 577-3977
Facsimile: (469) 444-5002
E-mail: scox@burnscharest.com
BAHCHE INC: Underpays Porters & Dishwashers, Zapeta Suit Alleges
----------------------------------------------------------------
SEBASTIAN ZAPETA, individually and on behalf of all others
similarly situated, Plaintiff v. THE BAHCHE, INC. d/b/a BISON &
BOURBON, SHNEUR MINSKY, and LIOR HACHMON, Defendants, Case No.
1:23-cv-08626 (E.D.N.Y., November 20, 2023) is a class action
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standards Act and the New York Labor
Law.
The Plaintiff was employed by the Defendants as a porter and
dishwasher at Bison & Bourbon from in or about March 2018 to around
January 22, 2022.
The Bahche, Inc. is the owner and operator of a restaurant under
the name Bison & Bourbon, located at 191 7th Street, Brooklyn, New
York. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
BAYER AG: Court Sets Jan. 29 as Class Action Opt-Out Deadline
-------------------------------------------------------------
ATTENTION PURCHASERS OF BAYER AKTIENGESELLSCHAFT ("BAYER") AMERICAN
DEPOSITARY RECEIPTS BETWEEN MAY 23, 2016 AND
JULY 6, 2020
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION
TO: ALL PERSONS AND ENTITIES THAT PURCHASED OR OTHERWISE
ACQUIRED BAYER AMERICAN DEPOSITARY RECEIPTS FROM MAY 23, 2016 TO
JULY 6, 2020, INCLUSIVE (THE "CLASS").
YOU ARE HEREBY NOTIFIED THAT A CLASS HAS BEEN CERTIFIED IN PENDING
LITIGATION THAT MAY AFFECT YOUR RIGHTS.
If you are a member of the Class described above, your rights may
be affected by the lawsuit referred to as Sheet Metal Workers'
National Pension Fund, et al. v. Bayer Aktiengesellschaft, et al.,
No. 3:20-cv-04737-RS, which is now pending before the United States
District Court for the Northern District of California (the
"Court"), brought by Lead Plaintiffs Sheet Metal Workers' National
Pension Fund ("Sheet Metal Workers") and International Brotherhood
of Teamsters Local No. 710 Pension Fund ("Teamsters 710"), along
with additional named plaintiff International Union of Operating
Engineers Pension Fund of Eastern Pennsylvania and Delaware
(collectively with Sheet Metal Workers and Teamsters 710,
"Plaintiffs"), against Bayer Aktiengesellschaft and Individual
Defendants Werner Baumann, Werner Wenning, Liam Condon, Johannes
Dietsch, and Wolfgang Nickl (collectively, "Defendants").
The Court determined that the Action may proceed as a class action
pursuant to Rule 23 of the Federal Rules of Civil Procedure. You
may be a member of the Class. Excluded from the Class are
Defendants, directors and officers of Bayer, and their families and
affiliates. Additionally, any person or entity that timely and
validly requests exclusion, as explained in this Notice, will be
excluded from the Class.
This Notice is not an expression of any opinion by the Court with
respect to the merits of the claims or the defenses asserted in the
Action. At this time, there is no judgment, settlement, or
monetary recovery. This Notice is merely to advise you of the
pendency of this Action and of your rights therein.
If you have not yet received the "Notice of Pendency of Class
Action" which describes the Class Action and your related rights in
detail, you may obtain a copy by writing to:
Bayer ADR Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173084
Milwaukee, WI 53217
1 (800) 524-0614
You may also view the full "Notice of Pendency of Class Action" at
www.BayerADRSecuritiesLitigation.com.
If you fall within the definition of the Class set forth above, you
are a member of the Class. IF YOU WISH TO REMAIN A MEMBER OF THE
CLASS, YOU DO NOT NEED TO DO ANYTHING AT THIS TIME.
If you wish to be excluded from the Class, you must send a request
for exclusion to Bayer ADR Securities Litigation, EXCLUSIONS, P.O.
Box 173001, Milwaukee, WI 53217, postmarked no later than January
29, 2024. There are specific requirements for requesting exclusion
that are set forth in the detailed Notice of Pendency of Class
Action.
In addition, inquiries regarding this litigation may be addressed
to:
LEAD COUNSEL: COHEN MILSTEIN SELLERS & TOLL PLLC
Carol V. Gilden
Cohen Milstein Sellers & Toll PLLC
190 South LaSalle Street, Suite 1705
Chicago, IL 60603
Telephone: (312) 629-3737
Fax: (312) 357-0369
Chris Lometti
Benjamin F. Jackson
Cohen Milstein Sellers & Toll PLLC
88 Pine Street, 14th Floor
New York, NY 10005
Telephone: (212) 838-7797
Fax: (212) 838-7745
PLEASE DO NOT CALL THE COURT, THE DISTRICT CLERK'S OFFICE, OR
DEFENDANTS REGARDING THIS NOTICE.
Dated: November 28, 2023
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BEAUTY INDUSTRY: Aides 3rd Party to Intercept Data, Valenzuela Says
-------------------------------------------------------------------
SONYA VALENZUELA, individually and on behalf of all others
similarly situated, Plaintiff v. BEAUTY INDUSTRY GROUP OPCO, LLC, a
Utah entity d/b/a WWW.BELLAMIHAIR.COM, Defendant, Case No.
23STCV28408 (Cal. Super., Los Angeles Cty., November 17, 2023) is a
class action against the Defendant for violation of the California
Invasion of Privacy Act.
According to the complaint, the Defendant has allowed a third
party, Olark, to covertly embed its chat technology code into the
Defendant's chat feature. As a user chats on the website, the
Defendant permits and enables Olark to intercept the incoming chats
in real-time. The Defendant did not inform the Plaintiff and Class
members that it was secretly allowing, aiding, and abetting Olark
to intercept and eavesdrop on the conversations during
transmission, or that Olark provided data from such transcripts to
Meta and similar entities through integration of their softwares.
The Plaintiff and the Class suffered both an economic injury and an
intangible injury as a result of the Defendant's actions, the suit
alleges.
Beauty Industry Group Opco, LLC is a hair products company in
California. [BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
David W. Reid, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
dreid@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
BERKELEY COUNTY, CA: Fosdick Seeks Conditional Class Certification
------------------------------------------------------------------
In the class action lawsuit captioned as LORETTA FOSDICK, On behalf
of Herself and All Others Similarly Situated, v. BERKELEY COUNTY,
Case No. 2:23-cv-03375-RMG (D.S.C.), the Plaintiff Loretta Fosdick
and Opt-In Plaintiff Allison Barry moves the Court for an Order
authorizing the action Berkeley County to proceed conditionally as
a collective action and facilitating the collective action through
discovery of and notice to potential parties to the action.
1. The Plaintiffs are former employee of the Defendant who files
this action against the County for claims for unpaid overtime
compensation pursuant to the Fair Labor Standards Act (FLSA),
29
U.S.C. section 201, et seq., on behalf of herself and other
current and former similarly situated Operators employed by
Defendant within the last 3 years.
2. Pursuant to 29 U.S.C. section 216(b), the FLSA's "collective
action" provision, one or more employees may bring an action
for
overtime compensation "for and in behalf of himself or
themselves and other employees who are similarly situated
those
employees who wish to participate in a collective action
under
the FLSA must affirmatively "opt in" by giving written
consent
to join in the action as a party.
3. The Plaintiffs are former Operators employed by the Defendant
and are "similarly situated" in their job duties and manner
of
compensation to all other current and former Operators
employed
by the County.
4. The Plaintiffs' primary job duties consisted of opening and
closing the Berkeley County’s Convenience Centers (CC) and
assisting residents with their trash disposal. The Defendant
employed other Operators who also performed these same
duties.
5. The Defendant paid all its Operators an hourly rate. The
Plaintiffs and similarly situated Operators regularly worked
over 40 hours during a work week.
The Plaintiffs moves this Court for authorization to proceed as a
collective action for the overtime wage compensation under 29
U.S.C. section 216(b) on behalf of the following class:
"All current and former Operators who worked off the clock
before
and after their scheduled shift resulting in them not being paid
overtime wages for all hours worked in excess of 40 hours per
week
from [three years from the date of Court's Conditional
Certification Order] to the present."
Berkeley consists of a low-lying area on the Coastal Plain, with
the suburbs of Charleston at its southern tip, and is bordered to
the northeast by the Santee River and to the southeast by the Wando
River.
A copy of the Plaintiff's motion dated Nov. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/3SYv6KB at no extra
charge.[CC]
The Plaintiff is represented by:
Marybeth Mullaney, Esq.
MULLANEY LAW FIRM
652 Rutledge Ave, Suite A
Charleston, SC 29403
Telephone: (843) 588-5587
E-mail: marybeth@mullaneylaw.net
BESPOKEN SPIRITS: Sookul Files Civil Rights Class Suit in S.D.N.Y.
------------------------------------------------------------------
A class action lawsuit has been filed against Bespoken Spirits Inc.
The case is captioned as SANJAY SOOKUL, individually and on behalf
of all others similarly situated, v. BESPOKEN SPIRITS INC., Case
No. 1:23-cv-10168 (S.D.N.Y., November 20, 2023).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Bespoken Spirits Inc. is a distillery in Menlo Park, California.
[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
BETTENDORF, IA: Filing for Class Cert Bid Due Jan. 19, 2024
-----------------------------------------------------------
In the class action lawsuit captioned as Shipley et al v. City of
Bettendorf, Iowa, Case No. 3:22-cv-00047 (S.D. Iowa, Filed Aug 9,
2022), the Hon. Judge Rebecca Goodgame Ebinger entered an order
granting joint motion to stay deadlines:
-- The Plaintiffs' deadline to file a Jan. 19, 2024
motion for class certification is
extended to:
-- The Defendant's deadline to file Feb. 19, 2024
any to the Motion for Class
Certification is extended to:
The suit alleges violation of Fair Labor Standards Act involving
minimum wage or overtime compensation.
Bettendorf is a city in Scott County, Iowa, United States. It is
part of the Davenport–Moline–Rock Island, IA-IL Metropolitan
Statistical Area.[CC]
BETTENDORF, IA: Joint Bid to Stay Deadlines & Status Update Filed
-----------------------------------------------------------------
In the class action lawsuit captioned as CORRY SHIPLEY & MARK
SCHULTZ, on behalf of themselves and others similarly situated, v.
CITY OF BETTENDORF, IOWA, Case No. 3:22-cv-00047-RGE-WPK (S.D.
Iowa), the Parties file a joint motion to stay deadlines and status
update:
1. The parties have reached a tentative settlement in this
matter.
2. The parties are jointly working to finalize the details of the
settlement for the Court's approval.
3. The parties would request the Court stay the deadlines for
class
certification to give the parties time to finalize their
settlement.
Bettendorf is a city in Scott County, Iowa. It is part of the
Davenport–Moline–Rock Island, IA-IL Metropolitan Statistical
Area.
A copy of the Court's order dated Nov. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/40XUli9 at no extra charge.[CC]
The Plaintiffs are represented by:
Kelsey A.W. Marquard, Esq.
Dorothy A. O'Brien, Esq.
O'BRIEN & MARQUARD, P.L.C.
2322 East Kimberly Road, Suite 140S
Davenport, IA 52807
E-mail: kawm@emprights.com
dao@emprights.com
The Defendant is represented by:
Jason M. Craig, Esq.
AHLERS & COONEY, P.C.
100 Court Avenue, Suite 600
Des Moines, IA 50309-2231
Telephone: (515) 243-7611
Facsimile: (515) 243-2149
E-mail: jcraig@ahlerslaw.com
BLOOM ENERGY: $3MM Class Settlement to be Heard on April 18
-----------------------------------------------------------
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 4:19-cv-02935-HSG
Honorable Haywood S. Gilliam, Jr.
ELISSA M. ROBERTS, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
v.
BLOOM ENERGY CORPORATION, KR
SRIDHAR, RANDY FURR, L. JOHN DOERR,
SCOTT SANDELL, EDDY ZERVIGON, PETER
TETI, MARY K. BUSH, KELLY A. AYOTTE,
J.P. MORGAN SECURITIES LLC, MORGAN
STANLEY & CO. LLC, CREDIT SUISSE
SECURITIES (USA) LLC, KEYBANC CAPITAL
MARKETS INC., MERRILL LYNCH, PIERCE,
FENNER & SMITH INCORPORATED,
ROBERT W. BAIRD & CO., INCORPORATED,
COWEN AND COMPANY, LLC, HSBC
SECURITIES (USA) INC., OPPENHEIMER &
CO. INC., RAYMOND JAMES & ASSOCIATES,
INC., and PRICEWATERHOUSECOOPERS
LLP,
Defendants.
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION, CERTIFICATION OF
SETTLEMENT CLASS, AND PROPOSED SETTLEMENT; (II) SETTLEMENT
FAIRNESS HEARING; AND (III) MOTION FOR AN AWARD OF ATTORNEYS' FEES
AND REIMBURSEMENT OF LITIGATION EXPENSES
TO: All persons and entities who purchased or otherwise acquired
common shares of Bloom Energy Corporation ("Bloom") from July 25,
2018, to March 31, 2020, inclusive:
PLEASE READ THIS NOTICE CAREFULLY, YOUR RIGHTS WILL BE AFFECTED BY
A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Northern District of California, that the above-captioned
litigation (the "Action") has been certified as a class action for
purposes of the Settlement only on behalf of the Settlement Class,
except for certain persons and entities who are excluded from the
Settlement Class by definition as set forth in the full Notice of
(I) Pendency of Class Action, Certification of Settlement Class,
and Proposed Settlement; (II) Settlement Fairness Hearing; and
(III) Motion for an Award of Attorneys' Fees and Reimbursement of
Litigation Expenses (the "Notice").
YOU ARE ALSO NOTIFIED that Plaintiffs in the Action have reached a
proposed settlement of the Action for $3,000,000 in cash (the
"Settlement"), that, if approved, will resolve all claims asserted
or that could have been asserted in the Action.
A hearing will be held on April 18, 2024, at 2:00 p.m., before the
Honorable Haywood S. Gilliam, Jr. at the United States District
Court for the Northern District of California, United States
Courthouse, Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA
94612 or via Zoom, to determine (i) whether the proposed Settlement
should be approved as fair, reasonable, and adequate; (ii) whether
the Action should be dismissed with prejudice against Settling
Defendants, and the Releases specified and described in the
Stipulation and Agreement of Settlement dated June 29, 2023, (and
in the Notice) should be granted; (iii) whether the proposed Plan
of Allocation should be approved as fair and reasonable; and (iv)
whether Lead Counsel's application for an award of attorneys' fees
and reimbursement of expenses should be approved. The Court
reserves the right to hold the Settlement Hearing telephonically or
by other virtual means.
If you are a member of the Settlement Class, your rights will be
affected by the pending Action and the Settlement, and you may be
entitled to share in the Settlement Fund. The Notice and Proof of
Claim and Release Form ("Claim Form"), can be downloaded from the
website maintained by the Claims Administrator,
www.BloomEnergySettlement.com. You may also obtain copies of the
Notice and Claim Form by contacting the Claims Administrator at
Bloom Energy Settlement, c/o Epiq Global, PO Box 2230 Portland, OR
97208-2230, 1-844-334-1078.
If you are a member of the Settlement Class, in order to be
eligible to receive a payment under the proposed Settlement, you
must submit a Claim Form online or postmarked no later than March
29, 2024. If you are a Settlement Class Member and do not submit a
proper Claim Form, you will not be eligible to share in the
distribution of the net proceeds of the Settlement but you will
nevertheless be bound by any judgments or orders entered by the
Court in the Action.
If you are a member of the Settlement Class and wish to exclude
yourself from the Settlement Class, you must submit a request for
exclusion such that it is received no later than March 18, 2024, in
accordance with the instructions set forth in the Notice. If you
properly exclude yourself from the Settlement Class, you will not
be bound by any judgments or orders entered by the Court in the
Action and you will not be eligible to share in the proceeds of the
Settlement.
Lead Counsel's motions for i) final approval of the settlement; ii)
attorney's fees and reimbursement of expenses; and iii) awards to
plaintiffs are due on February 1, 2024. The motions and supporting
materials will be posted to www.BloomEnergySettlement.com once
filed. Any objections to the proposed Settlement, the proposed Plan
of Allocation, or Lead Counsel's motions for attorneys' fees and
reimbursement of expenses and awards to plaintiffs, must be filed
with the Court and delivered to Lead Counsel and Settling
Defendants' Counsel such that they are received no later than March
18, 2024, in accordance with the instructions set forth in the
Notice.
Please do not contact the Court, the Clerk's office, Settling
Defendants, or their counsel regarding this notice. All questions
about this notice, the proposed Settlement, or your eligibility to
participate in the Settlement should be directed to Lead Counsel or
the Claims Administrator.
Inquiries, other than requests for the Notice and Claim Form,
should be made to Lead Counsel:
LEVI & KORSINSKY, LLP
Nicholas Porritt, Esq.
1101 Vermont Avenue NW, Suite 700
Washington, DC 20005
(202) 542-4290
nporritt@zlk.com
Requests for the Notice and Claim Form should be made to:
Bloom Energy Settlement
c/o Epiq Global
P.O. Box 2230
Portland, OR 97208-2230
844-334-1078
www.BloomEnergySettlement.com
By Order of the Court
URL: www.BloomEnergySettlement.com
BOIRON INC: Dickerson Sues Over Optique1 Eye Drops' Illegal Sale
----------------------------------------------------------------
BRIDGETT DICKERSON, individually and on behalf of all others
similarly situated, Plaintiff v. BOIRON, INC., Defendant, Case No.
5:23-cv-02370 (C.D. Cal., November 20, 2023) is a class action
against the Defendant for violations of the Consumers Legal
Remedies Act and the Unfair Competition Law, and for breach of
express warranty.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of the Optique1 Eye
Drops. The product is labeled as a "Homeopathic Medicine" that is
intended for "Eye Irritation Relief," "Dry Eyes," "Allergies," and
"Eye Strain." Unfortunately, the product is being illegally sold
and is ineffective at providing "Eye Irritation Relief." The
purported "active" ingredients in the product are so diluted that
they are virtually non-existent and are scientifically proven to be
incapable of providing the advertised eye symptom relief. As a
result of the Defendant's misconduct, the Plaintiff and Class
members suffered economic injury, says the suit.
Boiron, Inc. is a manufacturer of homeopathic medicines,
headquartered in Newtown Square, Pennsylvania. [BN]
The Plaintiff is represented by:
Michael T. Houchin, Esq.
Craig W. Straub, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: mhouchin@crosnerlegal.com
craig@crosnerlegal.com
zach@crosnerlegal.com
BURNTWOOD TAVERN: Claridge Suit Seeks Unpaid Wages for Servers
--------------------------------------------------------------
WILLIAM CLARIDGE, individually and on behalf of all others
similarly situated, Plaintiff v. BURNTWOOD TAVERN HOLDINGS, LLC
D/B/A BURNTWOOD TAVERN and BURNTWOOD TAVERN BRECKSVILLE, LLC,
Defendants, Case No. 1:23-cv-02240 (N.D. Ohio, November 17, 2023)
is a class action against the Defendants for failure to pay minimum
wages in violation of the Fair Labor Standards Act and the Ohio
Minimum Fair Wage Standards Act.
Mr. Claridge worked for Defendants as a server at the Burntwood
Tavern location in Brecksville, Ohio from approximately June 6,
2022 to November 14, 2022.
Burntwood Tavern Holdings, LLC is an operator of a chain of
restaurants under the name Burntwood Tavern, located in Ohio.
Burntwood Tavern Brecksville LLC is a wholly owned company of
Burntwood Tavern Holdings, LLC based in Ohio. [BN]
The Plaintiff is represented by:
Lori M. Griffin, Esq.
Anthony J. Lazzaro, Esq.
Matthew S. Grimsley, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Building, Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: lori@lazzarolawfirm.com
anthony@lazzarolawfirm.com
matthew@lazzarolawfirm.com
C & M TOPSOIL: Barrios Sues Over Unlawful Labor Practices
---------------------------------------------------------
ANGEL BARRIOS, on behalf of herself and other similarly situated
aggrieved employees, Plaintiff v. C & M TOPSOIL INC; CAMERON
WILLIAM ORNELAS; MILDRED MARIANA GOMEZ; and DOES 1 to 25,
inclusive, Defendants, Case No. 23STCV28049 (Cal. Super., Los
Angeles Cty., Nov. 15, 2023) arises from the Defendants' alleged
unlawful labor practices in violation of the California Labor Code,
the California Business and Professions Code, and the Fair
Employment and Housing Act.
The Plaintiff alleges the Defendants' failure to compensate for all
hours worked; failure to pay minimum wages; failure to pay
overtime; failure to provide accurate itemized wage statements;
failure to pay wages owed every pay period; failure to pay wages
when employment ends; failure to give rest breaks; failure to give
meal breaks; failure to reimburse for business expenses; and
failure to prevent harassment.
The Plaintiff worked at C&M from 2021 until May 2023 and was
classified as an exempt, salaried employee.
C & M Topsoil Inc. is a landscape supply company in the greater Los
Angeles and surrounding Southern California.[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
CASE WESTERN: More Time for Class Cert Reply Briefs Sought
----------------------------------------------------------
In the class action lawsuit captioned as DANIEL LOZADA,
individually and on behalf of all others similarly situated, v.
CASE WESTERN RESERVE UNIV., Case No. 1:20-cv-02336-DAR (N.D. Ohio),
the Parties ask the Court to enter an order granting a 10-day
extension of the deadlines for Reply briefs for Summary Judgment
and Class Certification:
Existing Date Requested Date
Reply Briefs: Nov. 27, 2023 Dec. 7, 2023
All other deadlines would remain the same.
Case Western is a private research university in Cleveland, Ohio.
A copy of the Parties' motion dated Nov. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/49XnbmQ at no extra charge.[CC]
The Plaintiff is represented by:
Michael A. Tompkins, Esq.
Jeffrey K. Brown, Esq.
Anthony M. Alesandro, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: jbrown@leedsbrownlaw.com
mtompkins@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
The Defendant is represented by:
Elliot Nash, Esq.
Carole S. Rendon, Esq.
Karl Fanter, Esq.
Douglas Shively, Esq.
BAKER & HOSTETLER LLP
Key Tower 127 Public Square, Suite 2000
Cleveland, OH 44114
Telephone: (216) 621-0200
Facsimile: (216) 696-0740
E-mail: crendon@bakerlaw.com
kfanter@bakerlaw.com
dshively@bakerlaw.com
enash@bakerlaw.com
CASE-MATE INC: Bilbao Sues Over Unlawful Telephonic Sales Calls
---------------------------------------------------------------
AXEL BILBAO, individually and on behalf of all others similarly
situated, Plaintiff v. CASE-MATE, INC., Defendant, Case No.
CACE-23-021303 (Fla. Cir. Ct., 17th Jud. Cir., Broward Cty.,
November 17, 2023) is a class action against the Defendant for
violation of the Florida Telephone Solicitation Act.
According to the complaint, the Defendant transmits a phone number
that was not configured for two-way communication when it made
telephonic sales calls by text message. Specifically, the Defendant
made text message sales calls that promoted Case-Mate and violated
the Caller ID Rules when it transmitted to the recipients' caller
identification services a telephone number that was not capable of
receiving telephone calls and that did not connect the recipient to
either the caller or the Defendant. The Plaintiff, individually and
on behalf of a class of persons similarly situated, seeks
liquidated damages for each violation.
Case-Mate, Inc. is a consumer goods seller in Florida. [BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
CHEMOURS CO: Must Face Residents' PFAs Class Suit In North Carolina
-------------------------------------------------------------------
Bloomberg Law reports that a federal appeals court refused to grant
chemicals manufacturers' request to appeal a ruling allowing a
class of North Carolina residents to seek money for alleged PFAS
damage.
The Nov. 17 decision by the US Court of Appeals for the Fourth
Circuit came about one month after the US District Court for the
Eastern District of North Carolina certified a class of state
residents who seek reimbursement for property damage that allegedly
stemmed from per- and polyfluoroalkyl substances (PFAS).
The Chemours Co. FC LLC and E.I. du Pont de Nemours & Co. requested
to appeal Judge James C. Dever's Oct. 4 ruling. The companies'
counsel argued in a brief that the lack of legal precedent for most
of the PFAS at issue disqualifies any potential class action under
the immature-tort doctrine.
Plaintiffs argued that the two chemicals manufacturers could afford
to pay a massive amount of damages, but counsel for the defendants
argued that there could be undue pressure to settle in a class
action where members are seeking roughly $5,000 apiece.
Plaintiffs are represented by Law Offices of James Scott Farrin,
Cohen Milstein Sellers & Toll PLLC, Susman Godfrey LLP, Whiteman
Law Firm, and The Dedendum Group. [GN]
CHESTER COUNTY, SC: Hall Bid for Class Certification Tossed
-----------------------------------------------------------
In the class action lawsuit captioned as Samuel Vance Hall, II, v.
Joseph Williford; Brianna Hegeman; M. Ringgaberg; "Jane" Neal,
Director of the Chester County Detention Center, Case No.
9:23-cv-00883-SAL-MHC (D.S.C.), the Hon. Judge Sherri A. Lydon
entered an order denying the Plaintiff's motion for class
certification.
The Plaintiff Samuel Vance Hall, II, proceeding pro se, has filed a
civil action based on alleged constitutional violations that
occurred while he was a pretrial detainee. Plaintiff has filed a
motion for class certification.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/49Xe2uE at no extra charge.[CC]
CINMAR LLC: Transmits Unwanted Telephonic Sales Calls, Mackey Says
------------------------------------------------------------------
HUNTER MACKEY, individually and on behalf of all others similarly
situated, Plaintiff v. CINMAR, LLC, Defendant, Case No.
CACE-23-021352 (Fla. Cir. Ct., 17th Jud. Cir., Broward Cty.,
November 19, 2023) is a class action against the Defendant for
violation of the Florida Telephone Solicitation Act.
According to the complaint, the Defendant transmits a phone number
that was not configured for two-way communication when it made
telephonic sales calls by text message. Specifically, the Defendant
made text message sales calls that promoted Case-Mate and violated
the Caller ID Rules when it transmitted to the recipients' caller
identification services a telephone number that was not capable of
receiving telephone calls and that did not connect the recipient to
either the caller or the Defendant. The Plaintiff, individually and
on behalf of a class of persons similarly situated, seeks
liquidated damages for each violation.
Cinmar, LLC is a consumer goods seller in Florida. [BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
CITIBANK NA: Smbatian Sues Over Bank's Discriminatory Practices
---------------------------------------------------------------
MARY SMBATIAN and KARL ASATRYAN, on behalf of themselves and all
others similarly situated, Plaintiffs v. CITIBANK, N.A. and
CITIGROUP, INC., Defendants, Case No. 2:23-cv-09811 (C.D. Cal.,
November 17, 2023) is a class action against the Defendants for
violations of the Equal Credit Opportunity Act, the federal civil
rights law, the Unfair Competition Law, and the California Unruh
Civil Rights Act.
The case arises from the Defendants' discriminatory practices
targeting the credit and banking accounts of persons of Armenian
descent based on their race, religion, ancestry, citizenship,
and/or immigration status. According to the complaint, the
Defendants have a near decade long practice of discriminating
against Armenian Americans by taking adverse banking actions
without any explanation or justification including closing
accounts, refusing credit, reducing credit limits, and essentially
doing everything possible to terminate their relationship with
Armenian Americans as a whole. As a result, the Plaintiffs and the
members of the Class have suffered direct and proximate damages.
Citibank, N.A. is a national bank with its principal place of
business located in New York, New York.
Citigroup, Inc. is a banking firm located in New York, New York.
[BN]
The Plaintiffs are represented by:
Tamar G. Arminak, Esq.
Nelly S. Ispiryan, Esq.
Pat Harris, Esq.
Zhenya A. Bagdasaryan, Esq.
ARMINAK LAW, APC
330 North Brand Boulevard, Suite 920
Glendale, CA 91203
Telephone: (818) 584-2556
Facsimile: (818) 484-2556
E-mail: tamar@arminaklaw.com
nelly@arminaklaw.com
pat@patharrislaw.com
jenny@arminaklaw.com
COLONIAL PENN: Cole Files Class Suit in Cal. State Court
--------------------------------------------------------
A class action lawsuit has been filed against Colonial Penn Life
Insurance Company, et al. The case is captioned as MARK COLE, et
al., on behalf of themselves and all others similarly situated, v.
COLONIAL PENN LIFE INSURANCE COMPANY, et al., Case No. 23CV012045
(Cal. Super., Sacramento Cty., November 20, 2023).
A case management conference is set for November 1, 2024.
Colonial Penn Life Insurance Company is an American life insurance
company based in Philadelphia, Pennsylvania. [BN]
CONNEXIN SOFTWARE: Filing for Class Cert Bid Due Feb. 22
--------------------------------------------------------
In the class action lawsuit captioned as KAZANDRA BARLETTI,
individually, as natural parent and next friend of A.B. and C.B.,
minors; ANDREW RECCHILONGO; SHARONDA LIVINGSTON, individually, as
natural parent and next friend of K.J., a minor; BRADLEY HAIN,
individually, as natural parent and next friend of N.H. and T.H.,
minors; and HAILEY JOWERS; on behalf of themselves and all others
similarly situated, v. CONNEXIN SOFTWARE, INC. d/b/a OFFICE
PRACTICUM, Case No. 2:22-cv-04676-JDW (E.D. Pa.), the Hon. Judge
Joshua D. Wolson entered an order as follows:
1. Motions for class certification Feb. 22, 2024
shall be filed on or before:
Responses, if any, shall be filed April 2, 2024
on or before:
Reply briefs, if any, shall be April 16,
2024
filed by:
2. Affirmative expert reports, if May 8, 2024
any, are due by:
3. Rebuttal expert reports, if any, June 5, 2024
are due by:
4. The Parties shall complete all June 26, 2024
discovery by:
Connexin offers tailored patient engagement tools designed
exclusively for pediatricians.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/3Glz8oW at no extra charge.[CC]
CONSOL ENERGY: Fails to Properly Pay Mining Staff, Moore Alleges
----------------------------------------------------------------
ROBERT MOORE, individually and on behalf of all others similarly
situated, Plaintiff v. CONSOL ENERGY INC. and CONSOL PENNSYLVANIA
COAL COMPANY LLC, Defendants, Case No. 2:23-cv-01991-JFC (W.D. Pa.,
November 17, 2023) is a class action against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The Plaintiff and other similarly situated employees worked for the
Defendants as hourly, non-exempt underground coal mining
employees.
Consol Energy Inc. is an owner and operator of underground coal
mines, with its principal place of business in Canonsburg,
Pennsylvania.
Consol Pennsylvania Coal Company LLC is an owner and operator of
underground coal mines, with its principal place of business in
Canonsburg, Pennsylvania. [BN]
The Plaintiff is represented by:
Shannon M. Draher, Esq.
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher Street, NW, Suite B
North Canton, OH 44720
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: sdraher@ohlaborlaw.com
hans@ohlaborlaw.com
CREDIT CONTROL: Schultz Seeks Initial Approval of Class Settlement
------------------------------------------------------------------
In the class action lawsuit captioned as ROBERT A. SCHULTZ, JR., on
behalf of himself and those similarly situated, v. CREDIT CONTROL,
LLC and JOHN DOES 1 to 10, Case No. 2:18-cv-03474-CLW (D.N.J.), the
Plaintiff asks the Court to enter an order granting preliminary
approval of the class settlement and related relief.
Credit Control is a nationally licensed provider of customized,
performance-driven receivables management services.
A copy of the Plaintiff's motion dated Nov. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/47UMe8h at no extra
charge.[CC]
The Plaintiff is represented by:
Yongmoon Kim, Esq.
Philip D. Stern, Esq.
KIM LAW FIRM LLC
411 Hackensack Avenue, Suite 701
Hackensack, NJ 07601
Telephone: (201) 273-7117
Facsimile: (201) 273-7117
E-mail: ykim@kimlf.com
pstern@kimlf.com
The Defendant is represented by:
Peter G. Siachos, Esq.
Stephanie M. Imbornone, Esq.
GORDON & REES LLP
18 Columbia Turnpike, Suite 200
Florham Park, NJ 07932
E-mail: psiachos@grsm.com
simbornone@grsm.com
DAVE'S KILLER: Swartz Files Bid for Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as DAVID SWARTZ, an
individual, on behalf of himself, the general public, and those
similarly situated, v. DAVE'S KILLER BREAD, INC. and FLOWERS FOODS,
INC., Case No. 4:21-cv-10053-YGR (N.D. Cal.), the Plaintiff asks
the Court to enter an order, pursuant to Rule 23 of the Federal
Rules of Civil Procedure, certifying the following class:
"All persons in the State of California who purchased the
Products
between December 29, 2017 and the present."
The Class will pursue their “unlawful” prong claims under the
Unfair Competition Law, Cal. Bus. & Prof. Code sections 17200, et
seq.
The Plaintiff further requests that the Court (1) appoint Plaintiff
Swartz as class representative on all claims, and (2) appoint
Gutride Safier LLP as lead counsel. Plaintiff finally requests that
the Court order the parties to meet and confer and present this
Court, within fifteen (15) days of an order granting class
certification, a proposed notice to the certified class.
Dave's manufactures organic sliced bread in the U.S., with 17
varieties of whole grain organic bakery products.
A copy of the Plaintiff's motion dated Nov. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/4a1T4KU at no extra
charge.[CC]
The Plaintiff is represented by:
Seth A. Safier, Esq.
Marie A. McCrary, Esq.
Hayley Reynolds, Esq.
Kali R. Backer, Esq.
Matthew T. McCrary, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
E-mail: seth@gutridesafier.com
marie@gutridesafier.com
hayley@gutridesafier.com
kali@gutridesafier.com
matt@gutridesafier.com
DIAMONDBACK E&P: CCHF Seeks to Certify Settlement Class
-------------------------------------------------------
In the class action lawsuit captioned as COOK CHILDREN'S HEALTH
FOUNDATION a/k/a W.I. COOK FOUNDATION, INC., on behalf of itself
and a class of similarly situated persons, v. DIAMONDBACK E&P LLC,
Case No. 5:21-cv-00359-D (W.D. Okla.), the Plaintiff asks the Court
to enter an order
(1) Provisionally certifying the Settlement Class for settlement
purposes;
(2) Preliminarily approving the Settlement Agreement;
(3) Appointing Plaintiff as Class Representative for the
Settlement
Class;
(4) Appointing Rex. A. Sharp and Scott B. Goodger of Sharp Law,
LLP
as Class Counsel for the Settlement Class;
(5) Approving the form and manner of the proposed Notice to the
Settlement Class;
(6) Appointing JND Legal Administration as Settlement
Administrator;
(7) Appointing Citibank as Escrow Agent; and
(8) Setting a hearing date for final approval of the Settlement
Agreement and application for an award of Plaintiff's
Attorneys' Fees, Litigation Expenses, and Administration,
Notice, and Distribution Costs, and an Incentive Award to
Plaintiff.
The case concerns the calculation of royalties paid on natural gas
from wells owned and operated by Diamondback E&P, LLC, Diamondback
Energy, Inc., Energen Resources Corporation, and/or each's
respective affiliates are lessees or successors-in-interest under
oil and gas leases, and their respective predecessors, successors,
assigns, and their past, present and future officers, directors,
affiliates, employees, agents, servants, and representatives,
excluding, however, QEP Resources, Inc (the Diamondback Entities)
in Texas.
On April 16, 2021, the Plaintiff filed its Class Action Complaint
alleging that the Diamondback Entities underpaid royalties to
Plaintiff and similarly situated royalty owners.
The Plaintiff alleged that, under the terms of the plain language
of the relevant oil and gas leases, the Diamondback Entities were
required to pay royalties on gas used as fuel in off-lease
operations but did not do so.
The Parties jointly move the Court to certify a Settlement Class
defined as follows:
"All royalty owners in Texas wells where Diamondback E&P LLC
Diamondback Energy, Inc., Energen Resources Corporation, and/or
Each's respective affiliates was the operator (or a working
interest owner who marketed its share of gas and directly paid
royalties to the royalty owners) from April 1, 2011 to July 31,
2023 under oil and gas leases which expressly contain the
off-lease
use of gas royalty clause, the on-lease free use clause, or
both,
and in which Diamondback E&P, LLC, Diamondback Energy, Inc.,
Energen Resources Corporation, and/or each's respective
affiliates
are lessees or successors-in-interest under such agreements (the
"Diamondback Entities")."
Excluded from the Class are: (1) agencies, departments or
instrumentalities of the United States of America, including but
not limited to the U.S. Department of the Interior (the United
States, Indian tribes, and Indian allottees); (2) agencies,
departments or instrumentalities of the State of Texas; (3)
Diamondback Entities and their affiliates, officers, and
directors;
(4) any publicly traded entity (and its affiliates) that
produces,
gathers, processes, or markets gas; (5) the claims of royalty
owners to the extent covered by arbitration clauses or prior
settlement agreements, if any, still in effect on the date this
lawsuit was filed; and (6) royalty paid by the
Diamondback Entities only as a pass-through for other non-
affiliated entities, except to the extent any claims are
asserted
against the Diamondback Entities that arise from such royalty
paid.
Diamondback E&P operates as an oil and natural gas company.
A copy of the Plaintiff's motion dated Nov. 16, 2023 is available
from PacerMonitor.com at https://bit.ly/3RhNYCT at no extra
charge.[CC]
The Plaintiff is represented by:
Rex A. Sharp, Esq.
Scott B. Goodger, Esq.
SHARP LAW, LLP
4820 W. 75th Street
Prairie Village, KS 66208
Telephone: (913) 901-0505
E-mail: rsharp@midwest-law.com
sgoodger@midwest-law.com
- and –
Michael E. Grant, Esq.
GRANT LAW FIRM, PLLC
At the Midtown Law Center
512 Northwest 12th Street
Oklahoma City, OK 73103-2407
Telephone: (405) 232-6357
E-mail: de1471@coxinet.net
DIXON ADVISORY: Big Banks, Insurers Could Fund Payment Shortfall
----------------------------------------------------------------
Jonathan Shapiro and Carrie LaFrenz, writing for Australian
Financial Review, report that big banks and insurers could be on
the hook to fund a possible $100 million shortfall in payments to
former Dixon Advisory clients who have sought compensation via a
government scheme to help victims of financial misconduct.
The Compensation Scheme of Last Resort, which is set pay out at
least $300 million to victims -- mainly relating to Dixon Advisory
-- has been branded a moral hazard by Liberal senator Andrew Bragg,
who says regulators won't pursue misconduct if taxpayer and
industry funded funds are available.
But The Australian Financial Review can reveal there is likely to
be a significant shortfall of money available to compensate the
failed wealth manager's victims.
Dixon Advisory, the financial advice firm founded in 1986 by former
Treasury consultant and pensions expert Daryl Dixon, was tipped
into administration early last year.
The firm has been the target of several lawsuits, including from
the Australian Securities Investments Commission, relating to
conflicted advice as the clients were herded into investing in the
firm's troubled and expensive in-house property fund, the URF.
Earlier in November, Dixon Advisory's parent group, E&P Financial,
agreed to a $16 million deal to settle a class action relating to
clients who invested in the URF.
But Dixon Advisory clients may also be in line to recoup losses
under the compensation scheme established in July in response to
the financial services royal commission.
The scheme offers a capped payment of up to $150,000 to victims who
have an unpaid determination from the Australian Financial
Complaints Authority.
The scheme is financed through levies imposed on the financial
services industry, with the 10 largest companies set to meet the
cost of claims that pre-date the scheme -- the majority of which
relate to Dixon Advisory. A potential liability was included in the
May budget papers, describing Dixon Advisory-related claims as
"unquantifiable".
However, the government has set aside $250 million, equivalent to
the one-off levy. Treasury had last year counted $291 million of
costs relating to 1952 claims under the scheme. Of that, just $28
million were losses unrelated to Dixon Advisory.
And the $250 million levy may fall short of the $360 million of
losses estimated by the administrators of Dixon Advisory. They
estimate 4000 clients suffered losses.
That could force the government or the industry to tip in more
funds, with AFCA previously suggesting that the losses could be as
large as $357 million. However, the $150,000 cap on payments would
mean payouts under the scheme would be below that figure.
Further levies
A Treasury spokesman said that if the one-off levy was insufficient
to cover the claims, a "further levy may be imposed onto the
attributable sub-sector, and/or other sub-sectors where a special
levy is imposed, to fund the shortfall".
The estimated losses of $360 million "cannot be taken as
representing the value of the costs on the CSLR", he added.
Dixon Advisory's lucrative business model was built on a so-called
vertical integration in which the firm's financial planners steered
clients into its own funds, such as the URF, that charged high fees
but delivered poor performance.
Dixon Advisory fell into administration early last year following
regulatory intervention.
ASIC had alleged the company failed to act in its clients' best
interests and failed to provide appropriate advice, legal action
that was settled with a $7.2 million penalty. However, Dixon
Advisory's administration means the regulator is unlikely to be
paid.
Senator Bragg, who is a vocal critic of the corporate regulator,
said ASIC should have referred Dixon Advisory for criminal
prosecution, and said the compensation scheme was a "very risky
concept because it does introduce the concept of moral hazard".
"The regulators in particular may not be incentivised to enforce a
law to protect consumers because they know there's a great big
bucket of taxpayer funds sitting behind them that can come and bail
them out," Senator Bragg said, adding that he had concerns about
Dixon Advisory and Treasury's role in advocating for the scheme.
"The public interest here is that Treasury is advising the
government. There are no other financial collapses which have been
referred to in the budget papers, just one – Dixon."
A Treasury spokesman said employees had an "ongoing obligation to
declare any perceived or actual conflict that may arise in the
course of their employment with the Treasury".
"Treasury is not aware, and does not consider it appropriate to be
aware, of any current or former government employees being clients
of [Dixon Advisory] and who may be potential claimants under the
CSLR," he said. [GN]
DOC'S REVERSE: Fails to Pay Proper Overtime Wages, Munro Claims
---------------------------------------------------------------
SHANE MUNRO, individually and for others similarly situated v.
DOC'S REVERSE UNITS AND RENTAL TOOLS, INC., Case No. 4:23-cv-00046
(W.D. Tex., November 22, 2023) seeks to recover unpaid wages and
other damages from Doc's Reverse Units and Rental Tools, Inc.,
which allegedly violated the Fair Labor Standards Act and the New
Mexico Minimum Wage Act.
Plaintiff Munro worked for Doc's Reverse as a Lay Down Machine
Operator in Ward County, Texas and Orla, New Mexico from
approximately September 2021 until March 2022. He regularly worked
more than 40 hours a week. However, he was paid under the
Defendant's uniform, illegal "salary" plus day rate pay scheme,
which deprived him of overtime wages at 1.5 times of his regular
rates of pay for all hours worked after 40 in a week, says the
Plaintiff.
Headquartered in Monahans, TX, Doc’s Reverse is an oilfield
fishing & rental tools company.
The Plaintiff is represented by:
Michael A. Josephson
Andrew W. Dunlap
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
DOLLAR GENERAL: Belmont County Food Pantries Get Settlement Funds
-----------------------------------------------------------------
Robert A. Defrank, writing for Times Leader, reports that some of
Belmont County's food pantries will be getting an added Christmas
present to help the public thanks to funds distributed from a
settlement by the Dollar General to Ohio Attorney General Dave
Yost's office.
On Tuesday, two food pantries were selected at random. The
Barnesville Food Pantry and Thrift Shop and the Flushing Alliance
Church will each receive $500. Belmont County Auditor Cindi Henry
conducted the drawings.
"When you go into a grocery store or a store and there's a tab on
the shelf that says $2.99, that item might not have a sticker on
it, but when you get to the register, it has to ring up as $2.99,
that's the store's obligation. Dollar General is not doing that.
You can get to the register and it's $2-$3.49, so as a result of
that there were some class-action suits filed," Henry said.
There has since been a settlement of $750,000.
"And that settlement is being dispersed according to the attorney
general, Dave Yost, to food pantries. We were allowed to choose two
and there's seven in Belmont County," Henry said.
Every county in Ohio has a Dollar General, so an initial amount of
$1,000 will go to each county. A total of $88,000. The rest of the
funds will be distributed based on the number of stores
"After they dispersed that money, that $500 to each one of them,
then they're going to go back and readjust and that should be the
balance of them getting that money also."
She said the money should be delivered by Christmas.
"It's additional money for the holidays," Henry said.
Assistant manager Virginia Waggle at the Barnesville Food Pantry
and Thrift Shop, reacted to the news.
"We'd be tickled to death to have it. We have a food pantry and we
just had 90-some that had vouchers the other day, and we'll be
giving another food order out Dec. 1, so anything we can get we'd
appreciate," she said.
"We use it to go buy food. Folks donate to us as well, but we don't
have any organizations anymore. It's all donated food and what we
run low on we have to go and buy," Waggle said.
She said funds raised from the thrift store are used to buy food.
"No one gets paid here. We're all volunteers. We use that to buy
food, help people with their utility bills and if they need
clothing, we give them free clothing," she said. "We can use
anything we get."
She said the need remains high, particularly during the holidays.
They are located at 116 South Gardner St. The phone number is
740-425-9438.
The Flushing Alliance Church did not return calls or an email
asking for comment. The church is located at 427 E High St,
Flushing and the phone number is 740-968-3911.[GN]
EARTHLINK HOLDINGS: Seeks Leave to File Docs Under Seal
--------------------------------------------------------
In the class action lawsuit captioned as ROBERT MURRAY, on Behalf
of Himself and All Others Similarly Situated, v. EARTHLINK HOLDINGS
CORP., SUSAN D. BOWICK, JOSEPH F. EAZOR, KATHY S. LANE, GARRY K.
MCGUIRE, R. GERARD SALEMME, JULIE A. SHIMER, MARC F. STOLL, WALTER
L. TUREK, WINDSTREAM HOLDINGS, INC., CAROL B. ARMITAGE, SAMUEL E.
BEALL III, JEANNIE H. DIEFENDERFER, ROBERT E. GUNDERMAN, JEFFREY T.
HINSON, WILLIAM G. LAPERCH, LARRY LAQUE, KRISTI MOODY, MICHAEL G.
STOLTZ, TONY THOMAS AND ALAN L. WELLS, Case No. 4:18-cv-00202-JM
(E.D. Ark.), the Defendant asks the Court to enter an order
granting them leave to file the Murray Transcript and the
unredacted Opposition under seal, along with all other proper
relief.
For grounds, the Windstream Defendants state the following:
1. Contemporaneously with this motion, the Windstream Defendants
have filed an Opposition to Lead Plaintiff's Motion for Class
Certification (the "Opposition") that incorporates portions
of
the Murray Transcript in the supporting brief. The Murray
Transcript is designated as Exhibit 6 in the supporting brief
to
the Opposition and in the Declaration of Wallis M. Hampton in
Support of the Opposition.
2. Pursuant to this Court's August 29, 2023 Stipulated
Protective
Order Plaintiff designated the entire Murray Transcript as
confidential.
3. To comply with Plaintiff's designation of the entire Murray
Transcript as confidential and the Stipulated Protective
Order,
the Windstream Defendants request leave to file the Murray
Transcript and the portions of the Opposition quoting or
describing the Murray Transcript under seal.
Earthlink offers customers with managed information technology
services, including cloud computing, data centers, virtualization,
security, and applications.
A copy of the Defendant's motion dated Nov. 16, 2023 is available
from PacerMonitor.com at https://bit.ly/3RgAgQS at no extra
charge.[CC]
The Defendants are represented by:
Noelle M. Reed, Esq.
Wallis M. Hampton, Esq.
Virginia Milstead, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
1000 Louisiana Street, Suite 6800
Houston, TX 77002
Telephone: (713) 655-5122
Facsimile: (713) 483-9122
E-mail: noelle.reed@skadden.com
virginia.milstead@skadden.com
- and -
Gary D. Marts, Jr., Esq.
WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201
Telephone: (501) 371-0808
Facsimile: (501) 376-9442
E-mail: gmarts@wlj.com
ETHRUE-001 LLC: LaCour Suit Seeks Unpaid Wages for Maid Associates
------------------------------------------------------------------
CHRYSTAL LACOUR and MADYSEN SITTON, individually and on behalf of
all others similarly situated, Plaintiffs v. ETHRUE-001, LLC D/B/A
EADSCO CLEANING, Defendant, Case No. 4:23-cv-01479 (E.D. Mo.,
November 20, 2023) is a class action against the Defendant for
negligence per se and violations of the Fair Labor Standards Act
and the Missouri Rev. Stat. including failure to pay minimum wages,
failure to pay overtime wages, and failure to provide notice of
reduction of wages.
Plaintiffs LaCour and Sitton were employed by the Defendant as maid
associates in or about July 2023 through October 30, 2023 and from
on or about July 7, 2023 until on or about October 2, 2023,
respectively.
EthruE-001, LLC doing business as EadsCO Cleaning, is a house
cleaning service company based in Missouri. [BN]
The Plaintiffs are represented by:
Mohammed O. Badwan, Esq.
SULAIMAN LAW GROUP LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Telephone: (630) 575-8180
Facsimile: (630) 575-8188
E-mail: mbadwan@sulaimanlaw.com
EVIG LLC: Lukas Sues Over False Ads on Dietary Supplement Products
------------------------------------------------------------------
MICHEL LUKAS, on behalf of himself and all others similarly
situated, Plaintiff v. EVIG, LLC d/b/a Balance of Nature,
Defendant, Case No. 2:23-cv-08678-ST (E.D.N.Y., November 22, 2023)
asserts claims against the Defendants for breach of implied
warranty, breach of express warranty, common law fraud by omission,
equitable injunctive and declaratory relief, unjust enrichment, and
for violations of the New York General Business Law in connection
with the Defendant's deceptive trade practices, specifically in the
manufacture and sale of its dietary supplement products.
The Defendant labeled these products with "Fruits", "Veggies," and
"Fiber & Spice" and its advertisements claim that these products
can prevent, treat, cure, or mitigate the symptoms of serious
disease conditions such as diabetes, arthritis, influenza, chronic
fatigue, fibromyalgia, heart disease, and cancer. However, the
Defendant only makes unsubstantiated, false, and/or misleading
claims regarding the efficacy and health benefits. In an August 20,
2019 letter, the Food and Drug Administration already warned the
Defendant that making such advertising claims violated the Federal
Food, Drug, and Cosmetic Act because such claims had not been
approved by the FDA. In addition, the Defendant also makes other
advertising claims which are untrue and misleading regarding the
composition of its products, says the suit.
Evig, LLC. is a limited liability corporation with its principal
office in the State of Nevada. Balance of Nature makes and
distributes dietary supplements throughout the United States and,
specifically, to consumers in the state of New York. [BN]
The Plaintiff is represented by:
Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq.
412 H Street NE, Suite 302
Washington, DC 20002
Telephone: (202) 470-3520
E-mail: nmigliaccio@classlawdc.com
jrathod@classlawdc.com
- and-
Aaron Rihn, Esq.
Sara J. Watkins, Esq.
ROBERT PIERCE & ASSOCIATES, P.C.
707 Grant Street Suite 125
Pittsburgh, PA 15219
Telephone: (412) 281-7229
E-mail: arihn@peircelaw.com
- and -
Robert Mackey, Esq.
LAW OFFICES OF ROBERT MACKEY
P.O. Box 279
Sewickley PA 15143
Telephone: (412) 370-9110
E-mail: bobmackeyesq@aol.com
EXPERIAN INFO: Class Certification Discovery in Pena Extended
-------------------------------------------------------------
In the class action lawsuit captioned as MARIA PENA, Successor in
Interest to JOSE PENA, Individually, and on behalf of all other
similarly situated consumers, v. EXPERIAN INFORMATION SOLUTIONS,
INC., and DOES 1 through 10, inclusive, Case No.
8:22-cv-01115-SSS-ADS (C.D. Cal.), the Hon. Judge Sunshine S. Sykes
entered an order granting stipulation to extend class certification
discovery deadline.
On November 7, 2023, the Court entered a Scheduling Order Regarding
Discovery and Briefing on Anticipated Motion for Class
Certification, which established a deadline of December 1, 2023 for
the Parties to complete class certification discovery. Because of
the Court's previous stay of discovery, the Parties have requested
a limited extension of the class discovery deadline to February 16,
2024.
The proposed modification of the deadline to complete class
certification discovery shall not affect any other events or
deadlines in the case.
The Court, having considered Parties' Stipulation to Extend Class
Certification Discovery Deadline and finding good cause, hereby
GRANTS the Stipulation to Extend Class Certification Discovery
Deadline. The Parties’ deadline to complete class certification
discovery shall be continued to February 16, 2024.
Experian supplies data and analysis that helps companies &
individuals manage credit risk, prevent fraud & automate decision
making.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/49S6itD at no extra charge.[CC]
FAST ACQUISITION: $12.5MM Class Settlement to be Heard on Jan. 22
-----------------------------------------------------------------
In Re Fast Acquisition Corp Stockholders Litigation
Fast Acquisition Corp. Stockholders Litigation
Consolidated C.A. No: 2022-0702-PAF
The information contained on this website is only a summary of the
information presented in more detail in the Notice of Pendency and
Proposed Settlement of Stockholder Class Action, Settlement
Hearing, and Right to Appear. Because this website is just a
summary, you should review the Notice for additional details.
Summary of the Action and Settlement
This website relates to a stockholder class action (the "Action"),
in the Court of Chancery of the State of Delaware (the "Court"),
brought against Defendants Sandy Beall, William Douglas Jacob,
Kevin Reddy, Michael Lastoria, Ramin Arani, Alice Elliot, Sanjay
Chadda, and Steve Kassin (collectively, "Defendants"). Plaintiffs
Special Opportunities Fund, Inc. ("Lead Plaintiff" or "SPE"), ADAR1
Partners, L.P., Great Point Capital, LLC, Cladrius LTD, and George
A. Spritzer (collectively, "Plaintiffs") allege in the Action that
the December 9, 2021 Termination and Settlement Agreement between
FAST and Fertitta breached its fiduciary duty with respect to the
termination of the Merger Agreement and the Termination Fee. The
SPE Complaint alleged that, after the directors of FAST determined
that the Company would liquidate and distribute its assets, the
assets remaining from the Termination Fee (after payment of taxes
and expenses) should have been distributed to Class A common
stockholders. Plaintiffs claim that had the Action not been filed,
the remainder of the Termination Fee would have been distributed
only to holders of Class B Founder Shares, including FAST's
directors, and FAST's Class A common stockholders would have
received no part of the Termination Fee. The SPE Complaint alleged
that this result would have constituted a breach of fiduciary duty
by the directors of FAST.
Plaintiff, on behalf of himself and the Settlement Class (defined
in the Notice), and Defendants have reached a Settlement of the
Action for $12,500,000.00 in cash. The proposed Settlement, if
approved by the Court, will resolve all claims in the Action.
If you are a member of the Settlement Class, you are subject to the
Settlement. The Settlement Class certified by the Court for
purposes of the Settlement consists of:
All holders of FAST Class A Public Shares at the close of business
on August 25, 2022 (the "Settlement Class"). Excluded from the
Settlement Class are (i) Defendants; (ii) any person who is, or was
at the close of business on August 25, 2022, an officer or director
of FAST; (iii) the immediate family members of any of the foregoing
excluded persons; (iv) any trusts, estates, entities, or accounts
that held FAST Class A Public Shares for the benefit of any of the
foregoing excluded persons; (v) any entity in which any of the
foregoing excluded persons or entities has, or had at the close of
business on August 25, 2022, a controlling interest; and (vi) the
legal representatives, heirs, successors-in-interest, successors,
transferees, and assigns of the foregoing excluded persons or
entities (the "Excluded Stockholders").
PLEASE NOTE: The Settlement Class is a non-"opt-out" class pursuant
to Delaware Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2).
Class Members do not have the right to exclude themselves from the
Settlement Class.
Eligible Class Members do not need to submit a claim form in order
to receive a distribution from the Settlement. If you are eligible
to receive a distribution from the Settlement, your distribution
will be paid to you directly.
Please be patient, as this process will take some time to
complete.
YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT:
RECEIVE A PAYMENT FROM THE SETTLEMENT. CLASS MEMBERS DO NOT NEED TO
SUBMIT A CLAIM FORM.
If you are a member of the Settlement Class, you may be eligible to
receive a pro rata distribution from the Settlement proceeds.
Eligible Class Members do not need to submit a claim form in order
to receive a distribution from the Settlement, if approved by the
Court. If you are eligible for a distribution from the Settlement,
it will be paid to you directly. See paragraphs 35-44 of the Notice
for further discussion.
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT
IT IS RECEIVED NO LATER THAN JANUARY 8, 2024.
If you are a member of the Settlement Class and would like to
object to the proposed Settlement, the proposed Plan of Allocation,
or Plaintiffs 'Counsel's Fee and Expense Application, including
Plaintiffs' application for Incentive Awards, you may write to the
Court and explain the reasons for your objection.
ATTEND A HEARING ON JANUARY 22, 2024, AT 1:30 P.M., AND FILE A
NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN
JANUARY 8, 2024.
Filing a written objection and notice of intention to appear that
is received by January 8, 2024 allows you to speak in Court, at the
discretion of the Court, about your objection. In the Court's
discretion, the January 22, 2024 hearing may be conducted by
telephone or videoconference (see paragraphs 51-52 of the Notice).
If you submit a written objection, you may (but you do not have to)
attend the hearing and, at the discretion of the Court, speak to
the Court about your objection.
How do I obtain more information?
Detailed information about the Settlement is contained in the
Notice, a copy of which can be found in the menu at the top of this
page. Additional information can also be obtained by contacting the
Settlement Administrator by calling toll-free 888-256-6155 or
emailing Info@FastAcquisitionStockholdersLitigation.com or mailing
a letter to:
FAST Acquisition Stockholders Litigation
c/o JND Legal Administration
PO Box 91466
Seattle, WA 98111
Inquiries should NOT be directed to the Court or the Clerk of the
Court.
FOR MORE INFORMATION
Visit this website often to get the most up-to-date information.
Call: 888-256-6155
Email: info@FASTAcquisitionStockholdersLitigation.com
Mail: FAST Acquisition Stockholders Litigation
c/o JND Legal Administration
PO Box 91466
Seattle, WA 98111
FCA US: Myslivecek et al. Sue Over Vehicle's Defective Clutch
-------------------------------------------------------------
DEAN MYSLIVECEK, PAUL CAPUTO, CHRISTOPHER CHOW, KEVIN SCHAFFNER,
and MICHAEL BUSOVICKI, on behalf of themselves and all others
similarly situated, Plaintiffs v. FCA US LLC, a Delaware
corporation, Defendant, Case No. 2:23-cv-12980-LVP-KGA (E.D. Mich.,
November 22, 2023) arises from Defendant's failure to disclose or
warn their customers about the alleged defective clutch of
2018-2023 Jeep Wrangler, 2018-2023 Jeep Wrangler Unlimited, and
2020-2023 Jeep Gladiator.
The Plaintiffs assert claims against the Defendant's for breach of
express warranty, breach of implied warranty, unjust enrichment,
deceptive acts or practices and false advertising under the New
York General Business Law, and for violations of the Unfair
Competition Law, California's Consumer Legal Remedies Act, the
Song-Beverly Act, and the New Jersey Consumer Fraud Act.
The said vehicles are subject to the clutch defect in that the
clutch pressure plate may become overheated through friction, which
may lead the pressure plate to rapidly fracture. Moreover, acting
on belief that the second recall would properly fix the issue and
FCA would provide free repair, Plaintiffs voluntarily dismissed
their claims. However, as evidenced by the third recall and
numerous consumer complaints following the second recall,
Defendant's claims were false, says the suit.
Headquartered in Auburn Hills, MI, FCA US LLC is a limited
liability company organized and existing under the laws of the
State of Delaware. [BN]
The Plaintiffs are represented by:
Joel D. Smith, 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: jsmith@bursor.com
- and -
Matthew A. Girardi, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: mgirardi@bursor.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
6905 Telegraph Road Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nsuciu@milberg.com
FORD MOTOR: 6th Cir. Grants Petition for Class Action Review
------------------------------------------------------------
David A. Wood, writing for CarComplaints.com, reports that a Ford
F-150 master cylinder class action lawsuit has taken a sharp turn
with a ruling handed down by the U.S. Court of Appeals for the
Sixth Circuit.
The 2013-2018 Ford F-150 brake failure lawsuit was first filed more
than five years ago alleging the Hitachi step-bore brake master
cylinders were defective.
According to the Ford F-150 lawsuit, Ford installed defective brake
master cylinders which relied on internal seals to maintain
necessary pressure while braking. The plaintiffs contend the
internal seals fail and leak fluid into the boosters.
This allegedly causes brake failures in the F-150 trucks because
the master cylinder pistons allegedly need two cup seals to prevent
brake fluid from leaking.
The judge dismissed most of the F-150 master cylinder claims in
2019, but the plaintiffs were granted approval to amend their class
action lawsuit.
What began as a nationwide class action was eventually certified
for only five statewide classes for "all persons who purchased or
leased a 2013–2018 Ford F-150 equipped with a Hitachi made
step-bore master cylinder not included in Safety Recall 20S31" in
Alabama, California, Florida, Georgia and Texas.
Ford F-150 Master Cylinder Lawsuit -- Sixth Circuit Opinion
The appeals court referenced the important rules that must be met
for a class action lawsuit to proceed.
According to the opinion, Federal Rule of Civil Procedure 23
"serves as a gatekeeper to class certification."
"The Rule erects four threshold safeguards: numerosity,
commonality, typicality, and adequacy. Satisfying the Rule requires
a named plaintiff to offer '[s]ignificant' evidentiary proof that
he can meet all four of those criteria, where they are contested."
-- Sixth Circuit
The appeals court ruled the district court should not certify a
class until its "rigorous analysis" shows that not one or two, but
all four Rule 23(a) prerequisites are met.
According to the appeals court, the "district court in this case
certified statewide classes to resolve three issues relating to a
purported brake defect in Ford F-150 pickup trucks. For the most
part, the district court thoughtfully considered the issues
presented in concurrent motions for summary judgment and class
certification."
But the Sixth Circuit requires "precision across the board," and
the "district court's cursory treatment of commonality, one of the
four necessary class action ingredients, failed to meet Rule 23's
stringent requirements."
The appeals court granted Ford's petition for review and to "vacate
the class certification order, and remand for more searching
consideration."
In short, there currently is no Ford F-150 master cylinder class
action lawsuit for truck owners in Alabama, California, Florida,
Georgia and Texas.
The Ford F-150 master cylinder class action lawsuit was filed in
the U.S. District Court for the Eastern District of Michigan:
Weidman et al., v. Ford Motor Company.
The plaintiffs are represented by the Miller Law Firm, P.C.,
Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., and DiCello
Levitt & Casey. [GN]
FRESH CLEAN: Sookul Files ADA Violation Suit in S.D.N.Y.
--------------------------------------------------------
A class action lawsuit has been filed against Fresh Clean Threads,
Inc. The case is captioned as SANJAY SOOKUL, individually and on
behalf of all others similarly situated, v. FRESH CLEAN THREADS,
INC., Case No. 1:23-cv-10164 (S.D.N.Y., November 20, 2023).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Fresh Clean Threads, Inc. is an apparel company based in
California. [BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Telephone: (917) 915-7415
E-mail: mars@khaimovlaw.com
FROM THE HEART: Gronefeld Sues Over Home Health Aides' Unpaid OT
----------------------------------------------------------------
BRITTANY GRONEFELD, on behalf of herself and others
similarly-situated, Plaintiff v. FROM THE HEART HOME HEALTH CARE,
LLC, Defendant, Case No. 2:23-cv-12911-TGB-EAS (E.D. Mich., Nov.
15, 2023) arises from the Defendant's failure to pay Plaintiff
overtime compensation at the rate of one and one-half times her
regular rate of pay for the hours she worked over 40 each workweek
and for all hours worked in violation of the Fair Labor Standards
Act.
The Plaintiff was employed by the Defendant as a home health aide
from approximately January 2022 through May 2023.
From the Heart Home Health Care, LLC operates a home healthcare
service agency.[BN]
The Plaintiff is represented by:
Robert B. Kapitan, Esq.
Anthony J. Lazzaro, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Bldg., Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022-1059
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: robert@lazzarolawfirm.com
anthony@lazzarolawfirm.com
GOTHAM PROCESS: Class Settlement in Burks Suit Gets Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as JACKIE BURKS; BRUNILDA
PAGAN CRUZ; VENUS CUADRADO, and RHONDA DRYE; individually and on
behalf of all persons similarly situated, v. GOTHAM PROCESS, INC.;
MULLOOLY, JEFFERY, ROONEY & FLYNN, LLP; BASSEM ELASHRAFI; and CARL
BOUTON, Case No. 1:20-cv-01001-NRM-PK (E.D.N.Y.), the Hon. Judge
Nina Morrison entered an order granting final approval of class
settlement and certifying settlement class:
"All natural persons who have been sued by MJRF, on behalf of a
Civil Action Plaintiff, in New York City Civil Court in Actions
commenced on or after January 1, 2016, in which an affidavit of
service has been filed, stating that Elashrafi or Bouton, on
behalf
of Gotham, effectuated service by delivering the papers to a
person
identified as a Relative of the person to be served."
The Court confirms its approval of Jackie Burks, Brunilda Pagan
Cruz, and Venus Cuadrado as Class Representatives and confirms its
appointment of the New York Legal Assistance Group as Class Counsel
pursuant to Federal Rule of Civil Procedure 23(g).
The Court confirms its approval of Atticus Administration, LLP to
serve as the Class Administrator, and confirms its approval of the
payment of up to $34,000 in Administration Expenses to Atticus
Administration, LLP from the Class Settlement Account.
Elashrafi and Bouton will be permanently barred from serving
process in all jurisdictions
Attorneys' Fees and Expenses Award: Class Counsel are hereby
awarded Approved Attorneys' Fees in the amount of $450,000, to be
paid out of the Class Settlement Account.
Service Awards: The Court finds that the requested Service Awards
of $4,000 to be paid to Ms. Burks, Ms. Drye, and Ms. Cruz are
reasonable under the circumstances. The Court further finds that
the requested Service Award of $4,000 to be paid in the form of
equal shares to each of Ms. Drye's three adult children, is
reasonable under the circumstances.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/49PlJmB at no extra charge.[CC]
HARDING UNIVERSITY: Young Sues Over Civil Rights Violations in N.Y.
-------------------------------------------------------------------
A class action lawsuit has been filed against Harding University,
Inc. The case is captioned as LESHAWN YOUNG, individually and on
behalf of all others similarly situated, v. HARDING UNIVERSITY,
INC., Case No. 1:23-cv-10201-LJL (S.D.N.Y., November 20, 2023).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Harding University, Inc. is a private university with its main
campus in Searcy, Arkansas. [BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite 10003
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
michael@gottlieb.legal
HARRIS COUNTY, TX: Faces Suit Over Civil Asset Forfeiture Program
-----------------------------------------------------------------
Michael Tennant, writing for The New American, reports that in
2019, Harris County, Texas, police confiscated over $42,000 from a
Mississippi man who was driving to Houston to buy a semitruck. Four
years later, having kept the cash while filing no criminal charges
against the man, the county faces a class-action lawsuit
challenging its civil asset forfeiture system.
"Harris County has one of the most abusive forfeiture programs in
the country," Institute for Justice (IJ) senior attorney Wesley
Hottot told Fox News. "They have police out specifically looking
for cash, they have police out specifically looking for cars that
can be seized. And wouldn't you know it, they find cash and they
find cars to seize."
Civil asset forfeiture allows police to seize property they suspect
is connected with a crime. According to Fox News, "Under civil
asset forfeiture, the seized cash or other belongings are on trial,
not the property owner. So no criminal conviction is required."
Instead, the dispossessed person must prove his innocence to
recover his property, an expensive and arduous undertaking few can
afford.
Using this legal sleight of hand, police and prosecutors are able
to pad their budgets without having to seek tax hikes. The lawsuit
alleges that, from 2018 to 2020, Harris County prosecutors obtained
$7.7 million through forfeiture, while law-enforcement agencies got
$15.9 million, nearly half of which "was used to pay salaries and
overtime to police officers -- the same officers who make decisions
about whether to seize property."
The plaintiffs in the case are spouses Ameal Woods and Jordan
Davis. A truck driver looking to expand his business by buying a
used truck from a dealer in Houston, Woods was driving through
Harris County in May 2019 when he was stopped by county police
allegedly for driving too close to a tractor-trailer. (Woods
disputes having done so.)
According to the complaint, Sergeant R. Wade asked Woods if he had
any weapons in the vehicle, to which Woods truthfully responded
that he had a loaded gun tucked between his seat and the center
console. Next, Wade asked Woods to step out of the vehicle and talk
to him and his partner, which Woods did. Woods claims to have
answered all the officers' questions truthfully, telling them the
purpose of his trip and alerting them to the $42,300 in cash he was
carrying, which consisted of his own savings, Davis' savings, and a
loan from his niece.
Then he made the mistake of consenting to a search of his vehicle.
Lo and behold, Wade found the moolah, and although he was able to
confirm Woods' account via a telephone call to Davis, he
confiscated the cash, saying, "I think this money is connected to
drugs."
After that, the officers gave Woods a "citizen's info card" stating
simply that a "currency seizure" of no specific amount had taken
place. Then they sent this supposedly dangerous drug criminal on
his way without even taking his gun.
Based on an affidavit claiming that a police dog later detected
"the odor of narcotics" on Woods' money -- an affidavit signed by
an officer who was not at the scene of the seizure -- the county
proceeded with its forfeiture case.
Woods, meanwhile, received no word about the case for the next 27
months. When he finally got a letter about it, he responded in
writing twice only to be met with silence, he and Davis allege.
According to Fox News:
This May, four years after Woods' money was taken, IJ argued in
civil court that Harris County should have to return it. But the
jury sided with prosecutors, ruling that law enforcement had
probable cause to believe the [money] was contraband.
Prosecutors celebrated the win and wrote in a press release that
Woods had been "paid to transport the money to Houston to purchase
illegal narcotics and then transport the drugs back to
Mississippi."
"They didn't prove that, of course," Hottot told Fox News. "They
couldn't identify a person that he was going to buy drugs from,
they couldn't tell us what drugs, they couldn't tell us what amount
or that he'd sold drugs in the past or had done so since."
The jury isn't getting the last word, however. Woods and Davis are
now the first plaintiffs in the class-action case against Harris
County's forfeiture apparatus, with possibly many more to follow.
IJ claims in the complaint that after reviewing 113 Harris County
civil-forfeiture petitions initiated since 2016, it found that
"every one . . . was based on a form affidavit written by an
officer who was not present at the time and place of seizure."
Moreover, "Ninety-two petitions involved a dog alert that allegedly
was obtained after police seized property." (Emphasis in
original.)
The suit aims to have Harris County's forfeiture procedures
declared illegal under the Texas constitution because they "deprive
people of their property without due process of law."
"Harris County officials had asked District Court Judge Robert
Schaffer to dismiss the case, arguing the county is immune from the
suit," reported Fox News. "But earlier in November, Schaffer
rejected the immunity claim and allowed the constitutional
challenge to proceed."
Woods and Davis still have a long road ahead of them, and their
case may have far-reaching implications. "Our goal," Hottot wrote
on the IJ website, "is to take this case all the way to the Texas
Supreme Court, win a decisive victory affirming the right to travel
with cash, and dismantle Houston's unconstitutional forfeiture
scheme once and for all." [GN]
HERMES RESTAURANT: Faces Umanzor Wage-and-Hour Suit in E.D.N.Y.
---------------------------------------------------------------
JOSE G. UMANZOR, individually and on behalf of all others similarly
situated, Plaintiff v. HERMES RESTAURANT CORP. d/b/a MILLENNIUM
DINER & RESTAURANT and ATHANASIA MOUSTAKAS, Defendants, Case No.
2:23-cv-08617 (E.D.N.Y., November 20, 2023) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the New York Labor Law including failure to pay overtime
wages, failure to provide wage notice, and failure to provide wage
statements.
The Plaintiff was employed by the Defendants as a chef's helper and
dishwasher at Millennium Diner & Restaurant from on or about
December 7, 2021 until in or about March 2023.
Hermes Restaurant Corp. is the owner and operator of a restaurant
under the name Millennium Diner & Restaurant, located at 156 East
Main Street, Village of the Branch, New York. [BN]
The Plaintiff is represented by:
David D. Barnhorn, Esq.
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 250
Hauppauge, NY 11788
Telephone: (631) 257-5588
HILLSDALE COLLEGE: Violates Civil Rights, Young Suit Alleges
------------------------------------------------------------
A class action lawsuit has been filed against Hillsdale College.
The case is captioned as LESHAWN YOUNG, individually and on behalf
of all others similarly situated v. HILLSDALE COLLEGE, Case No.
1:23-cv-10202 (S.D.N.Y., November 20, 2023).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Hillsdale College is a private arts college in Hillsdale, Michigan.
[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite 10003
New York, NY 10003
Telephone: (212) 228-9795
E-mail: michael@gottlieb.legal
INSPIRED CONCEPTS: Fails to Pay Proper Wages, Adams Alleges
-----------------------------------------------------------
KATELYN ADAMS, individually and on behalf of all others similarly
situated, Plaintiff v. INSPIRED CONCEPTS, LLC, Defendants, Case No.
1:23-cv-12968-TLL-PTM (E.D. Mich., Nov. 22, 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 Adams was employed by the Defendant as bartender.
INSPIRED CONCEPTS, LLC is a restaurant management company based in
Mt. Pleasant, MI
The Plaintiff is represented by:
Robert. M. Howard, Esq.
Bradley K. Glazier, Esq.
BOS & GLAZIER, P.L.C.
940 Monroe Avenue, N.W., Suite 253
Grand Rapids, MI 49503
Telephone: (616) 458-6814
INTERNATIONAL BUSINESS: Faces Second Health Data Breach Class Suit
------------------------------------------------------------------
Tonya Riley, writing for Bloomberg Law, reports that IBM Corp. and
Johnson & Johnson Health Care Systems Inc. face a Florida man's
proposed class action over an August data breach that potentially
exposed the personal health information of more than a half-million
people.
Plaintiff Jarvis Bryant Jenkins alleged the companies were
negligent regarding the safety of his sensitive health records,
shared with J&J, that were exposed as result of a data breach at
IBM, according to the complaint filed on Nov. 22 in the US District
Court for the Southern District of New York.
The data breach affected J&J's Janssen CarePath system, a patient
support program that offers users assistance and information
regarding their prescription medications and holds their data.
The case is Jarvis Bryant Jenkins v. International Business
Machines Corporation and Johnson & Johnson Health Care Systems,
Inc., Case 7:23-cv-10244 (S.D.N.Y. Nov 21, 2023) [GN]
KELLY SERVICES: Ruiz Labor Suit Removed to E.D. Cal.
----------------------------------------------------
The case styled as RAUL RUIZ, on behalf of all others similarly
situated and as a proxy for the California Labor & Workforce
Development Agency, Plaintiff v. KELLY SERVICES GLOBAL, LLC, a
Michigan limited liability company; and DOES 1-100, inclusive,
Defendants, Case No. CV-23-003304, was removed from the Superior
Court of the State of California, County of Stanislaus, to the
United States District Court for the Eastern District of California
on November 15, 2023.
The Clerk of Court for the Eastern District of California assigned
Case No. 1:23-at-00960 to the proceeding.
The Plaintiff alleges that Kelly violated the California Labor Code
and applicable Industrial Welfare Commission Wage Orders. He claims
that Kelly violated the Labor Code by failing to: (i) pay Plaintiff
and other employees for overtime hours worked; (ii) pay Plaintiff
and other employees the proper regular rate for overtime hours
worked; (iii) provide Plaintiff and other employees compliant meal
periods; (iv) pay Plaintiff and other employees meal period
premiums; (v) pay Plaintiff and other employees the proper regular
rate for meal period premiums; (vi) provide Plaintiff and other
employees complaint rest periods; (vii) pay Plaintiff and other
employees rest period premiums; (viii) reimburse Plaintiff and
other employees for necessary business expenses; (ix) pay Plaintiff
and employees all wages due and owing on separation in a timely
manner; and (x) provide Plaintiff and other employees compliant
wage statements.
Kelly Services Global, LLC is a workforce management solutions
provider.[BN]
The Defendants are represented by:
Shireen Yvette Wetmore, Esq.
Nathan K. Norimoto, Esq.
DUANE MORRIS LLP
Spear Tower One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
E-mail: sywetmore@duanemorris.com
nnorimoto@duanemorris.com
- and -
Nick Baltaxe, Esq.
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017-5450
E-mail: nbaltaxe@duanemorris.com
KRAFT HEINZ: Faces Hayes Suit Over Mislabeled Macaroni and Cheese
-----------------------------------------------------------------
DAVID HAYES, individually and on behalf of all others similarly
situated, Plaintiff v. THE KRAFT HEINZ COMPANY; and KRAFT HEINZ
INGREDIENTS CORP., Defendants, Case No. 2023LA001257 (Ill. Cir.,
Dupage Cty., Nov. 21, 2023) alleges violation of the Illinois
Consumer Fraud and Deceptive Businesses Practices Act.
According to the complaint, during the Class Period the Defendant
sold the Kraft Macaroni and Cheese products (the "Products")
labeled, marketed, and advertised as containing "No Artificial
Preservatives". However, the Defendants intentionally labeled their
Products as containing no artificial preservatives, when they
contain the synthetic preservatives sodium phosphate and sodium
triphosphate.
As a result of the Defendant's fraudulent labeling, Plaintiff and
the Class have been misled into purchasing Products that did not
provide them with the benefit of the bargain they paid money for,
namely that the Products would not contain artificial
preservatives, says the suit.
THE KRAFT HEINZ COMPANY operates as a food and beverage company.
The Company offers sauces, meals, soups, snacks, and infant
nutrition products. [BN]
The Plaintiff is represented by:
David Hayes, Esq.
Law Offices of Todd M. Friedman, P.C.
21031 Ventura Blvd., Suite 340
Woodland Hills, CA 91364
Telephone: (323) 306-4234
Facsimile: (866) 633-0228
Email: tfriedman@toddflaw.com
LHNH LAVISTA: Lanz Files Personal Property Suit in N.D. Georgia
---------------------------------------------------------------
A class action lawsuit has been filed against LHNH Lavista LLC, et
al. The case is captioned as ALEXANDER LANZ, et al., on behalf of
himself and all others similarly situated, v. LHNH LAVISTA LLC, et
al., Case No 1:23-cv-05344-LMM (N.D. Ga., November 20, 2023).
The nature of suit is stated as 380 Torts - Personal Property -
Other Personal Property Damage.
LHNH Lavista LLC is a limited liability company based in Georgia.
[BN]
The Plaintiffs are represented by:
Adam L. Hoipkemier, Esq.
EPPS, HOLLOWAY, DELOACH & HOIPKEMIER, LLC
Building 200-101
1220 Langford Dr.
Watkinsville, GA 30677
Telephone: (706) 508-4000
Facsimile: (706) 842-6750
E-mail: adam@ehdhlaw.com
- and -
Douglas Dean, Esq.
DEAN THAXTON, LLC
601 E. 14th Avenue
Post Office Box 5005
Cordele, GA 31010
Telephone: (229) 271-9323
Facsimile: (229) 271-9324
E-mail: doug@deanthaxton.law
LIFESTANCE HEALTH: $50MM Class Settlement to be Heard on Jan. 24
----------------------------------------------------------------
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NIZAR S. NAYANI, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
vs.
LIFESTANCE HEALTH GROUP, INC.,
MICHAEL K. LESTER, J. MICHAEL
BRUFF, ROBERT BESSLER, DARREN
BLACK, JEFFREY CRISAN, WILLIAM
MILLER, JEFFREY RHODES, ERIC
SHUEY, KATHERINE WOOD, MORGAN
STANLEY & CO. LLC, GOLDMAN SACHS
& CO. LLC, J.P. MORGAN SECURITIES
LLC, JEFFERIES LLC, TPG CAPITAL BD,
LLC, UBS SECURITIES LLC, and WILLIAM
BLAIR & COMPANY, L.L.C.,
Defendants.
Civil Action No. 1:22-cv-06833-JSR
CLASS ACTION
SUMMARY NOTICE OF PENDENCY OF
CLASS ACTION, PROPOSED
SETTLEMENT, AND MOTION FOR
ATTORNEYS' FEES AND EXPENSES
TO:
ALL PERSONS AND ENTITIES WHO OR WHICH PURCHASED OR OTHERWISE
ACQUIRED LIFESTANCE HEALTH GROUP, INC. ("LIFESTANCE") COMMON STOCK
IN AND/OR TRACEABLE TO LIFESTANCE'S INITIAL PUBLIC OFFERING ON OR
ABOUT JUNE 10, 2021, THROUGH NOVEMBER 8, 2021 ("CLASS").
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Southern District of New York, that Court-appointed Lead
Plaintiff, on behalf of himself and all members of the proposed
Class, and LifeStance, Michael K. Lester, J. Michael Bruff, Robert
Bessler, Darren Black, Jeffrey Crisan, William Miller, Jeffrey
Rhodes, Eric Shuey, and Katherine Wood (the "Individual Defendants"
and, together with LifeStance, the "LifeStance Defendants"), and
Morgan Stanley & Co., LLC, Goldman Sachs & Co. LLC, J.P. Morgan
Securities LLC, Jefferies LLC, TPG Capital BD, LLC, UBS Securities
LLC, and William Blair & Company, L.L.C. (the "Underwriter
Defendants" and, together with the LifeStance Defendants,
"Defendants"), have reached a proposed settlement of the claims in
the above-captioned class action (the "Action") in the amount of
$50,000,000 (the "Settlement").
A hearing will be held before the Honorable Jed S. Rakoff on
January 24, 2024, at 4:00 p.m., in Courtroom 14B of the United
States District Court for the Southern District of New York, Daniel
Patrick Moynihan United States Courthouse, 500 Pearl Street, New
York, NY 10007 (the "Settlement Hearing") to determine whether the
Court should: (i) approve the proposed Settlement as fair,
reasonable, and adequate; (ii) dismiss the Action with prejudice as
provided in the Stipulation of Settlement, dated October 13, 2023;
(iii) approve the proposed Plan of Allocation for distribution of
the proceeds of the Settlement (the "Net Settlement Fund") to Class
Members; and (iv) approve Lead Counsel's Fee and Expense
Application. The Court may change the date of the Settlement
Hearing without providing another notice. Any updates regarding
the Settlement Hearing, including any changes to the date or time
of the hearing, will be posted to the Settlement website,
www.LifeStanceSecuritiesSettlement.com. You do NOT need to attend
the Settlement Hearing to receive a distribution from the Net
Settlement Fund.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY
THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A MONETARY
PAYMENT. If you have not yet received a full Notice and Claim
Form, you may obtain copies of these documents by visiting the
website for the Settlement, www.LifeStanceSecuritiesSettlement.com,
or by contacting the Claims Administrator at:
LifeStance Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173090
Milwaukee, WI 53217
www.LifeStanceSecuritiesSettlement.com
(877) 884-3360
Inquiries, other than requests for information about the status of
a claim, may also be made to Lead Counsel:
Robbins Geller Rudman & Dowd LLP
Ellen Gusikoff Stewart
655 West Broadway, Suite 1900
San Diego, CA 92101
settlementinfo@rgrdlaw.com
(800) 449-4900
If you are a member of the Class, to be eligible to share in the
distribution of the Net Settlement Fund, you must submit a Claim
Form postmarked or submitted online no later than January 17, 2024.
If you are a member of the Class and do not timely submit a valid
Claim Form, you will not be eligible to share in the distribution
of the Net Settlement Fund, but you will nevertheless be bound by
all judgments or orders entered by the Court relating to the
Settlement, whether favorable or unfavorable.
If you are a member of the Class and wish to exclude yourself from
the Class, you must submit a written request for exclusion in
accordance with the instructions set forth in the Notice so that it
is received no later than January 3, 2024. If you properly exclude
yourself from the Class, you will not be bound by any judgments or
orders entered by the Court relating to the Settlement, whether
favorable or unfavorable, and you will not be eligible to share in
the distribution of the Net Settlement Fund.
Any objections to the proposed Settlement, Lead Counsel's Fee and
Expense Application, and/or the proposed Plan of Allocation must be
filed with the Court, either by mail or in person, and be mailed to
counsel for the Parties in accordance with the instructions in the
Notice, such that they are received no later than January 3, 2024.
PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR
DEFENDANTS' COUNSEL REGARDING THIS NOTICE.
DATED: October 25, 2023
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LOS ANGELES, CA: Libman Defendants Seek to Dismiss TAC
-------------------------------------------------------
In the class action lawsuit captioned as Dennis Bradshaw v. City of
Los Angeles, et al., Case No. 2:19-cv-06661-GW-MAR (C.D. Cal.), the
Libman defendants move the Court for an order, dismissing with
prejudice, the Plaintiff's Third Amended Complaint as to Libman
pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.
Despite being given the opportunity to amend their original
complaint twice, the Plaintiff has still failed to state any
plausible claim to relief and cannot allege any facts to cure these
fatal defects. This motion is based on this Notice, the Memorandum
of Points and Authorities, the Declaration of Michael J. Libman,
the Request for Judicial Notice, the pleadings and documents on
file, and such other evidence and argument as may be presented at
the hearing.
The plaintiff seeks to represent a class of ratepayers identical to
the one that settled a high-profile overbilling class action
against the City of Los Angeles two years ago, Jones v. City of Los
Angeles.
claiming that the settlement was collusive, he sues the City's
employees, its lawyers, and the attorneys who represented Jones,
including the movants in this motion, Michael Libman and his law
firm
(Libman).
Bradshaw claims that the settlement, lauded at the time by the
superior court judge presiding over the Jones action and the
mediator who facilitated the resolution, was inadequate: he and the
other Jones class members could and should have received more.
Bradshaw claim is
grounded on the claim that Libman "deprived Plaintiff and the Class
of their constitutional right to due process under the 14th
Amendment to the United States Constitution" and sues Libman for
alleged violations of violation of 42 U.S.C. section 1983, breach
of fiduciary duty, professional malpractice, affirmative
misrepresentation, negligent misrepresentation, fraudulent
concealment, and declaratory judgment.
A copy of the Defendants' motion dated Nov. 15, 2023 is available
from PacerMonitor.com at https://bit.ly/46BLPqo at no extra
charge.[CC]
The Plaintiff is represented by:
Filippo Marchino, Esq.
Damon Rogers, Esq.
Thomas E. Gray, Esq.
THE X-LAW GROUP, P.C.
625 Fair Oaks Ave, Suite 390
South Pasadena, CA 91030
Telephone: (213) 599-3380
Facsimile: (213) 599-3370
E-mail: FM@XLAWX.com
DR@XLAWX.com
TG@XLAWX.com
The Defendants are represented by:
Michael J. Libman, Esq.
LAW OFFICES OF MICHAEL J. LIBMAN, APC
18321 Ventura Blvd., Suite 700
Tarzana, CA 91356
Telephone: (818) 995-7300
Facsimile: (866) 664-6764
E-mail: mjl@libmanlaw.com
- and –
Adam R. Fox, Esq.
Marisol C. Mork, Esq.
Hannah J. Makinde, Esq.
Shima Vasseghi, Esq.
SQUIRE PATTON BOGGS (US) LLP
555 South Flower Street, 31st Floor
Los Angeles, CA 90071
Telephone: (213) 624-2500
Facsimile: (213) 623-4581
E-mail: adam.fox@squirepb.com
marisol.mork@squirepb.com
hannah.makinde@squirepb.com
shima.vasseghi@squirepb.com
- and –
Vikram Sohal, Esq.
NEMECEK & COLE
16255 Ventura Boulevard, Suite 300
Encino, CA 91436-2300
Telephone: (818) 788-9500
Facsimile: (818) 501-0328
E-mail: vsohal@nemecek-cole.com
- and –
Hydee Feldstein Soto, Esq.
Kathleen A. Kenealy, Esq.
Julie C. Riley, Esq.
LOS ANGELES CITY ATTORNEY’S OFFICE
200 Main Street, 800 City Hall East
Los Angeles, CA 90012
Telephone: (213) 978-8100
Facsimile: (213) 978-8312
E-mail: hydee.feldsteinsoto@lacity.org
kathleen.kenealy@lacity.org
julie.riley@ladwp.com
- and –
Eric M. George, Esq.
Kathryn L. McCann, Esq.
Jason Y. Kelly, Esq.
ELLIS GEORGE CIPOLLONE
O'BRIEN ANNAGUEY LLP
2121 Avenue of the Stars, 30th Floor
Los Angeles, CA 90067
Telephone: (310) 274-7100
Facsimile: (310) 275-5697
E-mail: egeorge@egcfirm.com
kmccann@egcfirm.com
jkelly@egcfirm.com
- and –
James J. Kjar, Esq.
Gregory B. Emdee, Esq.
KJAR, McKENNA & STOCKALPER, LLP
841 Apollo Street, Suite 100
El Segundo, CA 90245
Telephone: (424) 217-3026
Facsimile: (424) 367-0400
E-mail: kjar@kmslegal.com
gemdee@kmslegal.com
- and –
Edith R. Matthai, Esq.
T. John Fitzgibbons, Esq.
ROBIE & MATTHAI
350 S. Grand Avenue, Suite 3950
Los Angeles, CA 90071-2609
Telephone: (213) 706-8000
Facsimile: (213) 706-9913
Email: ematthai@romalaw.com
jfitzgibbons@romalaw.com
The Defendants are represented by:
Michael J. Libman, Esq.
LAW OFFICES OF MICHAEL J. LIBMAN, APC
18321 Ventura Blvd., Suite 700
Tarzana, CA 91356
Telephone: (818) 995-7300
Facsimile: (866) 664-6764
E-mail: mjl@libmanlaw.com
LOUISIANA: Bid to Exclude Certain Evidence in Giroir Partly OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as JOEL GIROIR, on behalf of
himself and all similarly situated individuals, v. JAMES LEBLANC,
in his official capacity as Secretary of the Louisiana Department
of Public Safety & Corrections, ET AL., Case No.
3:21-cv-00108-JWD-SDJ (M.D. La.), the Hon. Judge John W.
deGravelles entered an order that the Defendants' motion to strike
/ exclude certain evidence offered by the Plaintiffs in support of
motion to certify class is granted in part and denied in part.
-- The Court denies Defendants’ Motion as to LeBlanc's email to
Louisiana Clerks of Court based on lack of authenticity.
-- The Court finds that, under Federal Rule of Evidence 901, the
email is supported by "some evidence which is sufficient to
support a finding that the evidence in question is what its
proponent claims it to be."
On February 19, 2021, Giroir filed a class action lawsuit on behalf
of himself and those similarly situated. An Amended Class Action
Complaint (“ACAC”) was filed on April 27, 2022. Made defendants
were LeBlanc in his official and individual capacities and the
Louisiana Department of Public Safety and Corrections (DOC).
The Plaintiff alleges that he and class members were prisoners
incarcerated by DOC who were held past their release date and thus
were over detained and falsely imprisoned.
The proposed class is defined as:
"All persons who were sentenced to the custody of the Louisiana
DOC
on or since February 17, 2020 or who will be sentenced to the
custody of the DOC in the future, and who were, or will be,
entitled to release at the time of their sentencing, but who
nevertheless remain in custody, now or in the future, for more
than
48 hours past their sentencing date."
This case was consolidated for purposes of the class action
certification hearing with a similar suit, Humphrey v. LeBlanc,
Case No. 20-233. The certification hearing was held on October 19,
2023.
The Department of Public Safety and Corrections is a state law
enforcement agency responsible for the incarceration of inmates and
management of facilities at state prisons within the state of
Louisiana.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/3N505Rw at no extra charge.[CC]
MEGHANI WORLD: Vinson Bid to Continue Deadline Terminated as Moot
-----------------------------------------------------------------
In the class action lawsuit captioned as Vinson v. Meghani World
Inc., Case No. 3:23-cv-01938 (N.D. Tex., Filed Aug. 30, 2023), the
Hon. Judge Karen Gren Scholer entered an order terminating as moot
the Plaintiff's motion to continue Local Rule 23.2 deadline for the
plaintiff's motion for class certification.
The nature of suit states Restrictions of Use of Telephone
Equipment.
Meghani specializes in the Luxury Goods & Jewelry area.[CC]
META PLATFORMS: Colorado Joins Lawsuit Over Social Media Platforms
------------------------------------------------------------------
Jim Martin, writing for Daily Camera, reports that parents are fed
up with social media targeting their children and they are not
going to take it anymore!
Colorado has joined 42 other states in a lawsuit against social
media giant Meta, which owns Facebook, Instagram and WhatsApp, and
Alphabet, which operates Google and YouTube. The litigants claim
that these platforms are addictive and harm children's mental
health.
Parents are concerned about the psychological damage that overuse
of social media can cause, especially to teenagers who are
bombarded every day with images and propaganda that leave them
feeling alienated, alone and even suicidal. The invasion of their
privacy is way over the top.
The companies' actions are causing teens untold misery and feelings
of inadequacy.
Phil Weiser, Colorado's attorney general, is leading the way along
with other attorney generals from around the nation in filing a
federal class-action suit that accuses Meta and Alphabet and others
of violating the Children's Online Privacy Protection Act of 1998
(COPPA) and also common-law negligence.
COPPA states that Meta and similar companies are forbidden from
obtaining personal data on those ages 13 and under.
Weiser said, to protect the privacy of children "companies are not
allowed to collect data on kids under 13 without their parents
being on notice."
The AGs say that Meta has intentionally recruited youths to its
platforms and that they "knowingly designed and deployed harmful
features" through algorithms, which can lead to addiction.
Weiser also said, "Just like Big Tobacco and vaping companies have
done in years past, Meta chose to maximize its profits at the
expense of public health, specifically harming the health of the
youngest among us."
He and other officials say that children's and teens' mental health
is under siege as a result of Meta's business practices while
collecting data about teenagers.
Legal actions include filing a 233-page federal complaint, backed
by other states, alleging that Meta engaged in a "scheme to exploit
young users for profit by misleading them about safety features and
the prevalence of harmful content, harvesting their data and
violating federal laws on children's privacy," according to The
Washington Post.
In addition, over 140 U.S. school districts have filed state
lawsuits against TikTok, Snapchat, Messenger and YouTube. Colorado
entities who have done so include Denver Public Schools, Jeffco
Public Schools and Aspen School District.
Social media critics define "addiction" as an excessive and
compulsive use of platforms leading to negative impacts on
children's lives. It results in destructive sleep patterns, poor
academic performance, reduced face-to-face social interaction and
increased feelings of anxiety and depression.
The Centers for Disease Control issued a Youth Risk Behavior Survey
that showed 42% of high school students report persistent feelings
of sadness and hopelessness, and 22% seriously considered
committing suicide in 2021.
U.S. Surgeon General Vivek Murthy has said he believes 13 is too
young for children to be on social media. In May, Murthy warned
that excessive social media use can be a "profound risk" to the
mental health of our youth.
According to a Harvard University study, using social media can
lead to physical and psychological addictions. It particularly
causes addictive behavior in teens because they are more vulnerable
due to the stage of their brain development. Social media platforms
are engineered to cause the release of dopamine, which is
associated with pleasure-and-reward systems.
Consequences can include:
-- The fear of missing out (FOMO) can drive the compulsion to
constantly check to stay up to date with friends and activities;
-- teens are subjected to peer influence and often feel inadequate
as they compare their lives to those of their peers;
-- teens chase instant gratification to cope with feeling
inadequate;
-- teens use social media to escape from problems or negative
emotions.
Teenagers with a social media addiction may act as follows:
-- They feel guilty about not posting or reacting to other posts;
-- they exhibit signs of anxiety;
-- they care more about their online image rather than interacting
with the people around them;
-- they show that they can't disconnect from their world;
-- they sneak around to hide the extent of their social media
usage;
-- they cut themselves off from others to spend more time on social
media;
-- and they neglect school work and let others dictate their
activities.
To help your teens get through the social media minefield, know
what they are watching; teach them about healthy social media use;
set house rules about access to social media; together, set usage
boundaries; and introduce them to more positive alternatives on how
to spend their time, such as volunteering at a nonprofit
organization, school club opportunities and anything else that
helps them with useful alternatives to just staring at screens.
Utah is taking the first legislative step to help improve social
media and not let it harm our children.
Gov. Spencer Cox, a Republican, signed two bills into law that
would "impose sweeping restrictions on kid and teen use of social
media apps such as Instagram and TikTok — a move proponents say
will protect youth from the detrimental effects of internet
platforms," The Washington Post wrote.
One law makes social media companies verify that users who live in
Utah are over 18. The bill also requires parental consent before
allowing minors to use such services. A default curfew also must be
set.
We must hold social media companies accountable for purposely
addicting young people, resulting in mental health problems.
If legislatures won't act, then the courts have to step in and
protect our children.
U.S. District Judge Yvonne Rogers heard parents and ruled that
social media companies must face youth addiction lawsuits. [GN]
META PLATFORMS: Idaho Joins Lawsuit Over Social Media Platforms
---------------------------------------------------------------
Joel Hroma, writing for The Arbiter, reports that Meta, the parent
company of social media giants Facebook and Instagram, is being
sued by over 33 states including the state of Idaho.
The lawsuit alleges that Meta employs highly addictive tactics to
hook younger users as well as collect their data without
permission.
Meta faced multiple lawsuits in the past ranging from class action
lawsuits, multiple brushes with the Federal Trade Commission (FTC),
and a tax evasion lawsuit from the Internal Revenue Service (IRS).
The State of Idaho is no stranger to taking action on social media.
In 2022, Gov. Brad Little signed an executive order banning the
popular social media app TikTok from state-issued devices. This was
also in response to alleged data collection, albeit from a foreign
government.
The most recent lawsuit against Meta has a focus primarily on
addictive tactics geared towards younger users and the information
they gather from those users.
"COPPA (The Children's Online Privacy Protection Act) prohibits
social media platforms like Facebook and Instagram from enrolling
users who are under age 13," said Idaho Attorney General Raúl
Labrador in a press statement emailed to The Arbiter.
COPPA is a rule that went into effect on July 1, 2013. Under COPPA,
new requirements and protections are imposed on the internet that
are directed towards individuals under the age of 13 years old.
"The lawsuit alleges that Meta knew children used its platforms and
the company knowingly collected data from them without parental
consent," said Labrador.
Attorney General Labrador's office declined to comment further when
The Arbiter reached out.
The almost 230-page lawsuit against Meta raises four key concerns:
the business model of Meta platforms focus on maximizing young
users' time, that Meta deploys "harmful" and "manipulative" product
features to entice extended use, the refusal to abandon these
harmful tactics and filing misleading reports on user harms.
"Meta has harnessed powerful and unprecedented technologies to
entice, engage, and ultimately ensnare youth and teens," as stated
in the lawsuit.
With social media as prevalent as it is, adults who use the
platforms generally know what they are getting into, but younger
individuals have less of an understanding of this.
"We know that our data is being mined. We know that they are using
the information to make a profit and sell ads to us. We know that
when things pop up that we are interested in. The same thing is
happening to our kids," said Boise State University Lecturer
Christine Moore. "They need us on that platform so they can sell
more data and make more money."
According to a recent Gallup poll conducted in October 2023, 51% of
those between the ages of 13-19 years old spend 4.8 hours per day
on average scrolling social media with Instagram being in the top
three apps used.
"Meta has Instagram and Facebook and their market share is number
one in the world which means their social impact is larger than
other social media platforms," said Dr. Jinho Joo, an assistant
professor at Boise State University.
Dr. Joo brought up what he sees as potential issues that arise with
the current tactics social media companies use.
"Those kinds of things could cause negative mental health issues
like depression or anxiety. Another problem is they are more likely
to be exposed to fake news and fake information," Joo said.
Joo shared that a possible way for these companies to avoid this is
to make the algorithm "filter" that kind of content so it isn't
coming across younger users' profiles as much.
This case is still in its early stages and it is still unclear as
to when this might see an actual trial or what the possible
outcomes might be. [GN]
N.A.R. INC: Glover's FDCPA Suit Removed to D.N.J.
-------------------------------------------------
The case styled as DEBORAH A. GLOVER, on behalf of herself and
those similarly situated, Plaintiff v. N.A.R., INC.; FEIN, SUCH,
KAHN & SHEPARD, P.C.; and JOHN DOES 1 to 10, Defendants, Case No.
ESX-L-6453-23, was removed from the Superior Court of New Jersey,
Law Division Essex County to the United States District Court for
the District of New Jersey on November 15, 2023.
The Clerk of Court for the District of New Jersey assigned Case No.
2:23-cv-22386 to the proceeding.
The complaint alleges, in sum and substance, that NAR violated the
Federal Fair Debt Collection Practices Act.
N.A.R., Inc. is a debt collection agency.[BN]
The Defendant is represented by:
Han Sheng Beh, Esq.
HINSHAW & CULBERTSON LLP
800 Third Avenue, 13th Floor
New York, NY 10017
Telephone: (212) 471-6200
Facsimile: (212) 935-1166
NATIONAL ASSOCIATION: Phillips Sues Over Housing Market Conspiracy
------------------------------------------------------------------
JANET PHILLIPS; JOSEPH HUNT; EDITH ANNE HUNT; PENNY SCHEETZ;
BENJAMIN AUNE and PARKWOOD LIVING, LLC, on behalf of themselves and
all others similarlysituated, Plaintiffs, v. THE NATIONAL
ASSOCIATION OF REALTORS; HOMESERVICES OF AMERICA, INC.; HSF
AFFILIATES, LLC; BHH AFFILIATES, LLC; HOMESERVICES GEORGIA
PROPERTIES; HARRY NORMAN REALTORS; KELLER WILLIAMS, LLC.; RE/MAX
HOLDINGS, INC.; RE/MAX, LLC; RE/MAX METRO ATLANTA, INC.; COMPASS,
INC.; ANSLEY ATLANTA REAL ESTATE, LLC; CHRISTIE'S INTERNATIONAL
REAL ESTATE GROUP, LLC; SOTHEBY'S INTERNATIONAL REALTY, INC.;
ATLANTA FINE HOMES, LLC; HOMESMART HOLDINGS, INC.; SOLID SOURCE
REALTY; PALMERHOUSE PROPERTIES, LLC; HIGHER TECH REALTY, LLC; ENGLE
AND VOLKERS; ANYWHERE REAL ESTATE, INC.; COLDWELL BANKER REAL
ESTATE, LLC; CENTURY 21 REAL ESTATE, LLC; HAMILTON DORSEY ALSTON
COMPANY, INC., Defendants, Case No. 1:23-cv-05392-SEG (N.D. Ga.,
November 12, 2023) alleges nationwide conspiracy by and between the
National Association of Realtors and residential real estate
brokerages orchestrated to increase broker compensation at the
expense of home sellers, including Georgia home seller--the
Plaintiffs in this action--by requiring home sellers to shoulder
both the commission of their listing agents and the commission of
the buyer's agent when properties are listed on the ubiquitous
Multiple Listings Service.
NAR's Mandatory Offer of Compensation Rule compels home sellers to
set the commission of the buyer's agent. By enforcing this mandate,
the NAR establishes an anticompetitive market where sellers are
coerced into subsidizing the buyer's costs. Moreover, the
conspiracy obliges sellers to bear excessive costs for services
rendered by buyer brokers to the seller's opponent; artificially
inflates buyer brokers' compensation; and promotes and abets
"steering" and similar practices that thwart innovation and stifle
competition.
NAR, headquartered in Chicago, IL, is the largest real estate
brokerage association in the country. It has over 1.2 million
members. [BN]
The Plaintiffs are represented by:
Bryan M. Knight, Esq.
Jonathan M. Palmer, Esq.
Nicholas Sears, Esq.
W. Lawton Jordan, Esq.
KNIGHT PALMER, LLC
One Midtown Plaza
1360 Peachtree Street, Suite 1201
Atlanta, GA 30309
Telephone: (404) 228-4822
Facsimile: (404) 228-4821
E-mail: bknight@knightpalmerlaw.com
jpalmer@knightpalmerlaw.com
nsears@knightpalmerlaw.com
ljordan@knightpalmerlaw.com
- and -
Nathan D. Chapman, Esq.
Joshua Y. Joel, Esq.
KABAT, CHAPMAN, & OZMER LLP
171 17th Street NW, Suite 1550
Atlanta, GA 30363
Telephone: (404) 400-7303
Facsimile: (404) 400-7300
E-mail: nchapman@kcozlaw.com
jjoel@kcozlaw.com
NEW YORK, NY: Seeks Extension of Briefing Schedule in Azor-El
-------------------------------------------------------------
In the class action lawsuit captioned as Azor-El et al., v. New
York City Department of Corrections et al., Case No. 1:20-cv-03650
(S.D.N.Y.), the Defendant asks the Court to enter an order granting
1-week extension of the briefing schedule on Plaintiffs' motion for
class certification.
The requested extension would move the deadline for Defendants'
opposition papers from November 24, 2023, to December 1, 2023, and
the deadline for Plaintiffs' reply papers from December 15, 2023,
to December 22, 2023.
New York City Department of Correction is the branch of the
municipal government of New York City responsible for the custody,
control, and care of New York City's imprisoned population.
A copy of the Defendant's motion dated Nov. 17, 2023 is available
from PacerMonitor.com at https://bit.ly/4a0xTJq at no extra
charge.[CC]
The Defendants are represented by:
David S. Thayer, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-2649
Facsimile: (212) 356-1148
E-mail: dthayer@law.nyc.gov
NEW YORK, NY: Seeks Extension of Briefing Schedule in Barnar
------------------------------------------------------------
In the class action lawsuit captioned as Barnar v. New York City
Department of Corrections et al., Case No. 1:20-cv-03978
(S.D.N.Y.), the Defendant asks the Court to enter an order granting
1-week extension of the briefing schedule on Plaintiffs' motion for
class certification.
The requested extension would move the deadline for Defendants'
opposition papers from November 24, 2023, to December 1, 2023, and
the deadline for Plaintiffs' reply papers from December 15, 2023,
to December 22, 2023.
New York City Department of Correction is the branch of the
municipal government of New York City responsible for the custody,
control, and care of New York City's imprisoned population.
A copy of the Court's order dated Nov. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/3RlB4DW at no extra charge.[CC]
The Defendants are represented by:
David S. Thayer, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-2649
Facsimile: (212) 356-1148
E-mail: dthayer@law.nyc.gov
NEW YORK, NY: Seeks Extension of Briefing Schedule in Carter
------------------------------------------------------------
In the class action lawsuit captioned as Carter v. New York City
Department of Corrections, et al., Case No. 1:20-cv-03980
(S.D.N.Y.), the Defendant asks the Court to enter an order granting
1-week extension of the briefing schedule on Plaintiffs' motion for
class certification.
The requested extension would move the deadline for Defendants'
opposition papers from November 24, 2023, to December 1, 2023, and
the deadline for Plaintiffs' reply papers from December 15, 2023,
to December 22, 2023.
New York City Department of Correction is the branch of the
municipal government of New York City responsible for the custody,
control, and care of New York City's imprisoned population.
A copy of the Court's order dated Nov. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/3RleMCp at no extra charge.[CC]
The Defendants are represented by:
David S. Thayer, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-2649
Facsimile: (212) 356-1148
E-mail: dthayer@law.nyc.gov
NEW YORK, NY: Seeks Extension of Briefing Schedule in Cole
----------------------------------------------------------
In the class action lawsuit captioned as Cole v. New York City
Department of Corrections et al., Case No. 1:20-cv-03981
(S.D.N.Y.), the Defendant asks the Court to enter an order granting
1-week extension of the briefing schedule on Plaintiffs' motion for
class certification.
The requested extension would move the deadline for Defendants'
opposition papers from November 24, 2023, to December 1, 2023, and
the deadline for Plaintiffs' reply papers from December 15, 2023,
to December 22, 2023.
New York City Department of Correction is the branch of the
municipal government of New York City responsible for the custody,
control, and care of New York City's imprisoned population.
A copy of the Court's order dated Nov. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/46Ftvwp at no extra charge.[CC]
The Defendants are represented by:
David S. Thayer, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-2649
Facsimile: (212) 356-1148
E-mail: dthayer@law.nyc.gov
NEW YORK, NY: Seeks Extension of Briefing Schedule in Fennell
-------------------------------------------------------------
In the class action lawsuit captioned as Fennell v. New York City
Department of Corrections et al., Case No. 1:20-cv-03982
(S.D.N.Y.), the Defendant asks the Court to enter an order granting
1-week extension of the briefing schedule on Plaintiffs' motion for
class certification.
The requested extension would move the deadline for Defendants'
opposition papers from November 24, 2023, to December 1, 2023, and
the deadline for Plaintiffs' reply papers from December 15, 2023,
to December 22, 2023.
New York City Department of Correction is the branch of the
municipal government of New York City responsible for the custody,
control, and care of New York City's imprisoned population.
A copy of the Court's order dated Nov. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/46HwJPY at no extra charge.[CC]
The Defendants are represented by:
David S. Thayer, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-2649
Facsimile: (212) 356-1148
E-mail: dthayer@law.nyc.gov
NEW YORK: Plaintiffs in C.K. Seek Class Status
----------------------------------------------
In the class action lawsuit captioned as C.K. through his next
friend P.K.; C.W. through her next friend P.W.; C.X. through her
next friend P.X.; C.Y. through his next friend P.Y., for themselves
and those similarly situated, v. James V. McDonald, in his official
capacity as Commissioner of the New York State Department of
Health; Ann Marie T. Sullivan, in her official capacity as
Commissioner of the New York State Office of Mental Health, Case
No. 2:22-cv-01791-NJC-JMW (E.D.N.Y.), the Plaintiffs move the Court
to issue an Order:
1. Certifying an EPSDT Class of all current or future Medicaid-
eligible children in New York State under the age of 21 (a)
who
have been diagnosed with a mental health or behavioral health
condition, not attributable to an intellectual or
developmental
disability, and (b) for whom a licensed practitioner of the
healing arts has recommended intensive home and
community-based
mental health services ("IHCBEPSDT Services") to correct or
ameliorate their conditions;
2. Certifying an ADA Class of all current or future Medicaid-
eligible children in New York State under the age of 21 (a)
who
have been diagnosed with a mental health or behavioral health
condition, not attributable to an intellectual or
developmental
disability, that substantially limits one or more major life
activities, (b) for whom a licensed practitioner of the
healing
arts has recommended IHCB-EPSDT Services to correct or
ameliorate their conditions or who have been determined
eligible
for HCBS Waiver Services, and (c) who are segregated,
institutionalized, or at serious risk of becoming
institutionalized;
3. Appointing C.W., C.X., and C.Y., as class representatives;
and
4. Appointing attorneys from Children’s Rights, Disability
Rights
New York, Proskauer Rose LLP, and the National Health Law
Program as class counsel.
The New York State Department of Health is the department of the
New York state government responsible for public health.
A copy of the Plaintiff's motion dated Nov. 16, 2023 is available
from PacerMonitor.com at https://bit.ly/47Cls4L at no extra
charge.[CC]
The Plaintiffs are represented by:
Harry Frischer, Esq.
Daniele Gerard, Esq.
Claire R. Glasspiegel, Esq.
CHILDREN'S RIGHTS, INC.
88 Pine Street, Suite 800
New York, NY 10005
Telephone: (212) 683-2210
E-mail: hfrischer@childrensrights.org
dgerard@childrensrights.org
cglasspiegel@childrensrights.org
- and –
Brandy L. L. Tomlinson, Esq.
DISABILITY RIGHTS NEW YORK
279 Troy Road, Ste 9, PMB 236
Rensselaer, NY 12144
Telephone: (518) 432-7861
E-mail: Brandy.Tomlinson@drny.org
- and –
Steven Holinstat, Esq.
Jacob Wonn, Esq.
PROSKAUER ROSE LLP
Eleven Times Square
New York, NY 10036-8299
Telephone: (212) 969-3183
E-mail: sholinstat@proskauer.com
jwonn@proskauer.com
- and –
Kimberly Lewis, Esq.
Jane Perkins, Esq.
NATIONAL HEALTH LAW PROGRAM
3701 Wilshire Blvd, Suite 750
Los Angeles, CA 90010
Telephone: (310) 204-6010
E-mail: lewis@healthlaw.org
perkins@healthlaw.org
NEWCOMER FUNERAL: Fails to Pay Proper Wages, Rivera Alleges
-----------------------------------------------------------
BETSY RIVERA, individually and on behalf of all other similarly
situated, Plaintiff v. NEWCOMER FUNERAL SERVICE GROUP, INC.,
Defendant, Case No. 619034/2023 (N.Y. Sup., Nassau Cty., Nov. 12,
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 Rivera was employed by the Defendant as a staff.
NEWCOMER FUNERAL SERVICE GROUP, INC. is an independent funeral
home, crematory, and cemetery service provider based in Topeka,
Kansas. [BN]
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
Katherine Bonilla, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
NORTHWELL HEALTH: Brewster Sues Over Compromised Personal Info
--------------------------------------------------------------
CRYSTAL BREWSTER, individually and on behalf of all others
similarly situated, Plaintiff v. NORTHWELL HEALTH, INC. and PERRY
JOHNSON & ASSOCIATES, Defendants, Case No. 1:23-cv-08627 (E.D.N.Y.,
November 20, 2023) is a class action against the Defendant for
negligence, negligence per se, breach of fiduciary duty, breach of
implied contract, and unjust enrichment.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information (PII) and
protected health information (PHI) of the Plaintiff and similarly
situated customers stored within their networks following a data
breach that occurred between around March 27, 2023 and May 2, 2023.
The Defendants also failed to timely notify the Plaintiff and
similarly situated individuals about the data breach. As a result,
the private information of the Plaintiff and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties, says the suit.
Northwell Health, Inc. is a nonprofit integrated healthcare network
in New York.
Perry Johnson & Associates is a transcription service provider in
Nevada. [BN]
The Plaintiff is represented by:
Todd S. Garber, Esq.
Andrew C. White, Esq.
FINKELSTEIN, BLANKINSHIP FREI-PEARSON & GARBER, LLP
One North Broadway, Suite 900
White Plains, NY 10601
Telephone: (914) 298-3281
E-mail: tgarber@fbfglaw.com
awhite@fbfglaw.com
NORTHWELL HEALTH: Faces Vetere Suit Over Compromised Personal Info
------------------------------------------------------------------
RICHARD VETERE, individually and on behalf of all others similarly
situated, Plaintiff v. NORTHWELL HEALTH, INC. and PERRY JOHNSON &
ASSOCIATES, INC., Defendants, Case No. 2:23-cv-01900 (D. Nev.,
November 17, 2023) is a class action against the Defendant for
negligence, breach of implied contract, and unjust enrichment.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information (PII) and
protected health information (PHI) of the Plaintiff and similarly
situated customers stored within their networks following a data
breach that occurred between around March 27, 2023 and May 2, 2023.
The Defendants also failed to timely notify the Plaintiff and
similarly situated individuals about the data breach. As a result,
the private information of the Plaintiff and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties, says the suit.
Northwell Health, Inc. is a nonprofit integrated healthcare network
in New York.
Perry Johnson & Associates, Inc. is a transcription service
provider in Nevada. [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
E-mail: lasvegas@stranchlaw.com
- and -
Linda P. Nussbaum, Esq.
NUSSBAUM LAW GROUP, P.C.
1133 Avenue of the Americas, 31st Floor
New York, NY 10036
Telephone: (917) 438-9189
E-mail: lnussbaum@nussbaumpc.com
NORTHWELL HEALTH: Fails to Secure Customers' Info, Jerome Says
--------------------------------------------------------------
JOHN KERLY JEROME, individually and on behalf of all others
similarly situated, Plaintiff v. NORTHWELL HEALTH, Defendant, Case
No. 1:23-cv-08624 (E.D.N.Y., November 20, 2023) is a class action
against the Defendant for negligence, negligence per se, breach of
implied contract, unjust enrichment, breach of confidence, and
violation of the New York Deceptive Trade Practices Act.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
customers stored within their networks following a data breach that
occurred between around March 27, 2023 and May 2, 2023. The
Defendant also failed to timely notify the Plaintiff and similarly
situated individuals about the data breach. As a result, the
private information of the Plaintiff and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties, says the suit.
Northwell Health is a medical services provider in New York. [BN]
The Plaintiff is represented by:
Jonathan M. Sedgh, Esq.
MORGAN & MORGAN
350 Fifth Avenue, Suite 6705
New York, NY 10118
Telephone: (212) 738-6839
E-mail: JSedgh@forthepeople.com
- and -
Jean S. Martin, Esq.
Francesca K. Burne, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 222-2434
E-mail: jeanmartin@forthepeople.com
fburne@forthepeople.com
NORTHWELL HEALTH: Shanahan Sues Over Data Breach of Private Info
----------------------------------------------------------------
KEVIN K. SHANAHAN, MICHAEL NEWTON, AND ROSEMARY KERRANE, as agent
in fact and durable power of attorney for ROBERT H. SPINNEY,
individually and on behalf of all others similarly situated,
Plaintiff v. PERRY JOHNSON & ASSOCIATES, INC., NORTHWELL HEALTH,
INC., and COOK COUNTY HEALTH, Defendant, Case No. 2:23-cv-01947 (D.
Nev., November 22, 2023) arises out of a targeted cyberattack and
data breach caused by Defendants' failure to secure and safeguard
Plaintiffs' and millions of other individuals' personally
identifying information and personal health information, including
names, Social Security numbers, dates of birth, addresses, medical
record numbers, encounter numbers, medical information, and
dates/times of service.
Between approximately March 27, 2023 and May 2, 2023, an
unauthorized third-party gained access to Perry Johnson &
Associates' network system and obtained files containing the PII
and PHI of Northwell's and Cook County Health's current and former
patients. PJ&A informed Northwell of the Data Breach on July 21,
2023, but Northwell and Cook County failed to notify their patients
until early November 2023, over three months later, says the suit.
Based in New Hyde Park, NY, Northwell Health, Inc. is the largest
health system in New York. It employs more than 85,000 people at
over 900 locations, including 21 hospitals. [BN]
The Plaintiffs are represented by:
Don Springmeyer, Esq.
KEMP JONES LLP
3800 Howard Hughes Pkwy., 17th Floor
Las Vegas, NV 89169
- and -
Amy E. Keller, Esq.
DICELLO LEVITT LLP
10 North Dearborn Street, Eleventh Floor
Chicago, IL 60602
- and -
Justin J. Hawal, Esq.
DICELLO LEVITT LLP
8160 Norton Parkway, Third Floor
Mentor, OH 44060
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
1700 K Street, NW, Suite 650
Washington, D.C. 20006
- and-
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, Fourteenth Floor
New York, NY 10004
NORTHWESTERN MEDICINE: Jaworski Sues Over GIPA Violations
---------------------------------------------------------
KATHLEEN JAWORSKI, individually and on behalf of all others
similarly situated, Plaintiff v. NORTHWESTERN MEDICINE, Defendant,
Case No. 2023LA001267 (Ill. Cir., 18th Judicial, DuPage Cty.,
November 22, 2023) alleges violations of the Illinois Legislature
Genetic Information Privacy Act.
Plaintiff Jaworski asserts that the Defendant violated GIPA by
asking its employees in Illinois to provide genetic information in
the form of family medical history to assist the company in making
employment decisions. The Defendant's website provides that job
applicants are subject to "a mandatory pre-placement health
screening" which "includes health history," among other things.
Accordingly, Plaintiff seeks, on behalf of herself and all other
similarly situated employees of Defendant in Illinois, an order:
(i) requiring Defendant to cease the unlawful activities; and (ii)
awarding actual and/or statutory damages to Plaintiff and the
members of the proposed Class.
In or around August 2019, the Plaintiff applied for the position of
Patient Access Specialist at Northwestern Medicine within their
call center in St. Charles, IL. She was required to submit to a
pre-employment physical as a requirement of the hiring process. She
was required to complete paperwork during the physical in which she
was asked about her family's medical history. The medical provider
also verbally requested Plaintiff to disclose her medical history,
including whether medical conditions with genetic predispositions
manifested in her parents, including cardiac health, cancer, and
diabetes, among other ailments, says the suit.
Headquartered in Chicago, IL, Northwestern Medicine operates an
integrated healthcare system across the state of Illinois that
employs clinical and administrative staff, as well as medical and
science faculty, with hundreds of locations throughout the Chicago
area. [BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
Yitzchak Kopel, Esq.
Alec M. Leslie, Esq.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
ykopel@bursor.com
aleslie@bursor.com
NOVA HOME: Parties Seek to Refer Savinova Case to Magistrate Judge
------------------------------------------------------------------
In the class action lawsuit captioned as YELENA SAVINOVA and
YEMILIYA MAZUR, individually and on behalf of all others similarly
situated, v. NOVA HOME CARE, LLC, SOUTHERN HOME CARE SERVICES,
INC., ALEH HULIAVATSENKA, and YULIYA NOVIKAVA, Case No.
3:20-cv-01612-SVN (D. Conn.), the parties jointly move the Court
for an Order referring the case to Magistrate Judge Robert A.
Richardson.
At the conclusion of the November 13, 2023 hearing on the
Defendants' Motions for Summary Judgment and Decertification of the
Collective, and Plaintiffs' Motion for Class Certification, the
Court inquired into the parties' desire for a further settlement
conference.
Nova is a community based, not for profit organization whose
mission is to provide compassionate, high quality, personalized,
in-home care.
A copy of the Parties' motion dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/47RRedH at no extra charge.[CC]
The Plaintiffs are represented by:
Mariusz Kurzyna, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
E-mail: mkurzyna@zagfirm.com
The Defendants are represented by:
Matthew A. Boyd, Esq.
Ronald G. Polly, Jr., Esq.
Christine A. Kurke, Esq.
HAWKINS PARNELL YOUNG, LLP
303 Peachtree Street, N.E., Suite 4000
Atlanta, GA 30308
Telephone: (404) 614-7400
E-mail: rpolly@hpylaw.com
mboyd@hpylaw.com
ckurke@hpylaw.com
- and -
Glenn A. Duhl, Esq.
ZANGARI COHN CUTHBERTSON DUHL & GRELLO P.C.
59 Elm Street, Suite 400
New Haven, CT 06510
E-mail: gduhl@zcclawfirm.com
OAKTREE FUNDING: Transmits Unwanted Sales Calls, Clarke Alleges
---------------------------------------------------------------
A class action lawsuit has been filed against Oaktree Funding Corp.
The case is captioned as TERRY CLARKE, individually and on behalf
of all others similarly situated, v. OAKTREE FUNDING CORP., Case
No. 1:23-cv-24413 (S.D. Fla., November 20, 2023).
The Plaintiff filed a suit against the Defendant for violation of
the Telephone Consumer Protection Act.
Oaktree Funding Corp. is a mortgage lender in Chandler, Arizona.
[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE P.A.
14 N.E. 1st Ave., Ste. 1205
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile: (786) 623-0915
E-mail: ashamis@sflinjuryattorneys.com
PALMDALE 3670: Faces Munoz Wage-and-Hour Suit in Cal. State Court
-----------------------------------------------------------------
IVONN NOHEMI MUNOZ-ACEVEDO, individually and on behalf of all
others similarly situated, Plaintiff v. PALMDALE 3670 INC., YUCCA
3543 INC., LANCASTER 3551, INC., MORENO VALLEY 3610 INC., SAM'S
GROUP, LLC, HOLLYWOOD FIVE, INC., BARSTOW 3465, INC., PALMDALE 794
INC., SAN BERNARDINO 937 INC., ONTARIO 947 INC., MIDWEST FOOD
MANAGEMENT LLC, LANCASTER 764 INC., MORENO 760 INC., SIYAVOUSH
SOLEIMANI, and DOES 1 through 100, inclusive, Defendants, Case No.
23STCV28315 (Cal. Super., Los Angeles Cty., November 17, 2023) is a
class action against the Defendants for violations of the
California's Labor Code including failure to pay minimum wages for
all hours worked, failure to accurately track and/or pay for all
hours actually worked, and failure to pay overtime hours at the
proper overtime rate of pay.
The Plaintiff worked for the Defendants as a nonexempt employee
from approximately April 2020 through approximately April 2023.
Palmdale 3670 Inc. is a company doing business in California.
Yucca 3543 Inc. is a company doing business in California.
Lancaster 3551, Inc. is a company doing business in California.
Moreno Valley 3610 Inc. is a company doing business in California.
Sam's Group, LLC is a company doing business in California.
Hollywood Five, Inc. is a company doing business in California.
Barstow 3465, Inc. is a company doing business in California.
Palmdale 794 Inc. is a company doing business in California.
San Bernardino 937 Inc. is a company doing business in California.
Ontario 947 Inc. is a company doing business in California.
Midwest Food Management LLC is a company doing business in
California.
Lancaster 764 Inc. is a company doing business in California.
Moreno 760 Inc. is a company doing business in California. [BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Jeffrey D. Klein, Esq.
Jared V. Walder, Esq.
BIBIYAN LAW GROUP, P.C.
8484 Wilshire Boulevard, Suite 500
Beverly Hills, CA 90211
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
E-mail: david@tomorrawlaw.com
jeff@tomorrowlaw.com
jared@tomorrowlaw.com
PLANET EXPRESS: Osorio Sues Over Workers' Unpaid Wages
------------------------------------------------------
MELISSA OSORIO, on behalf of herself and other similarly situated
aggrieved employees, Plaintiff v. PLANET EXPRESS LAX, LLC; and DOES
1 to 25, inclusive, Defendants, Case No. 23STCV28005 (Cal. Super.,
Los Angeles Cty., November 15, 2023) is a class action against the
Defendants for alleged violation of the California Labor Code.
The Plaintiff alleges the Defendants' failure to pay her and other
similarly situated aggrieved employees for all hours worked,
including the statutory minimum wage for all hours worked and for
"off the clock" work.
The Plaintiff started working at Planet Express in November 2022 as
a link cook. She was classified as an hourly, non-exempt employee
and her latest hourly rate was $21.04/hour. The Plaintiff's
employment ended around August 2023.
Planet Express LAX, LLC is a Florida corporation, doing business in
the County of Los Angeles, State of California.[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
PLATINUM GROUP: Fails to Properly Pay Employees, Copp Suit Claims
-----------------------------------------------------------------
INDIA COPP and WILLIAM MILLS, on behalf of themselves and all
others similarly situated, Plaintiffs v. PLATINUM GROUP LLC d/b/a
QUALITY LIQUORS, Defendant, Case No. 1:23-cv-02091-MPB-MG (S.D.
Ind., November 20, 2023) is a class action against the Defendant
for failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The Plaintiffs worked for the Defendant as hourly paid employees.
Platinum Group LLC, doing business as Quality Liquors, is a liquor
company based in Indianapolis, Indiana. [BN]
The Plaintiffs are represented by:
Robert A. Hicks, Esq.
MACEY SWANSON HICKS & SAUER
429 N. Pennsylvania Street, Suite 204
Indianapolis, IN 46204-1800
Telephone: (317) 637-2345
Facsimile: (317) 637-2369
E-mail: rhicks@maceylaw.com
PLATINUM SECURITY: Riggio Sues Over Security Guards' Unpaid Wages
-----------------------------------------------------------------
ASHLEY RIGGIO, on behalf of herself and other similarly situated
aggrieved employees, Plaintiff v. PLATINUM SECURITY, INC.; MIRANDA
FARAG; MICHAEL FARAG; and DOES 1 to 25, inclusive, Defendants, Case
No. 23STCV27999 (Cal. Super., Los Angeles Cty., Nov. 15, 2023)
arises from the Defendants' alleged unlawful labor practices in
violation of the California Labor Code and the California Business
and Professions Code.
The Plaintiff alleges the Defendants': 1) failure compensate for
all hours worked; 2) failure to pay minimum wages; 3) failure to
pay overtime; 4) failure to provide accurate itemized wage
statements; 5) failure to pay wages owed every pay period; 6)
failure to pay wages when employment ends; 7) failure to provide
rest breaks; 8) failure to provide meal breaks; 9) failure to
reimburse business expenses; 10) failure to provide personnel
records; 11) failure to provide pay records; and 12) sexual
harassment.
The Plaintiff started working at Platinum Security in March 2023 as
a security guard. She was classified as an hourly, non-exempt
employee and was forced to quit her employment around August 2023.
Platinum Security, Inc. provides armed and unarmed security
services.[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
PREMIER SOLAR: Underpays Non-Exempt Employees, Rodrigues Claims
---------------------------------------------------------------
DANIEL RODRIGUES, individually and on behalf of all others
similarly situated, Plaintiff v. PREMIER SOLAR ENERGY INC. and DOES
1 to 50, Defendants, Case No. 23CV03212 (Cal. Super., Butte Cty.,
November 17, 2023) is a class action against the Defendants for
violations of the California Labor Code and the California's Unfair
Competition Law including failure to pay all minimum wages, failure
to pay all overtime wages, failure to pay accrued vacation wages,
failure to provide rest periods and pay missed rest period
premiums, failure to provide meal periods and pay missed meal
period premiums, failure to maintain accurate employment records,
failure to pay wages timely during employment, failure to pay all
wages earned and unpaid at separation, failure to indemnify all
necessary business expenditures, failure to furnish accurate
itemized wage statements, and unfair competition.
The Plaintiff was employed by the Defendants as a non-exempt hourly
employee.
Premier Solar Energy Inc. is a solar energy contractor in Chico,
California. [BN]
The Plaintiff is represented by:
Megan E. Ross, Esq.
Hannah Becker, Esq.
MELMED LAW GROUP P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
Facsimile: (310) 862-6851
E-mail: megan@melmedlaw.com
hb@melmedlaw.com
- and -
Peter Horton, Esq.
LAWYERS FOR EMPLOYEE AND CONSUMER RIGHTS
3500 West Olive Avenue, Third Floor
Burbank, CA 91505
Telephone: (323) 720-8335
E-mail: phorton@lfecr.com
PRIMARK US: Fails to Timely Pay Wages, Venning Suit Alleges
-----------------------------------------------------------
TRAVIS VENNING, individually and on behalf of all others similarly
situated, Plaintiff v. PRIMARK US CORP., Defendant, Case No.
1:23-cv-10176 (S.D.N.Y., November 20, 2023) is a class action
against the Defendant for failure to pay timely wages in violation
of the New York Labor Law.
The Plaintiff worked for the Defendant as a sales associate and
manual worker at its store located at 5100 Kings Plaza, Brooklyn,
New York from April 2018 until February 2020.
Primark US Corp. is an international clothing retailer, with its
principal executive office located at 780 Third Avenue, Suite 2203,
New York, New York. [BN]
The Plaintiff is represented by:
Michael J. Borrelli, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 200
Garden City, NY 11530
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
PRIME HEALTHCARE: Allowed to File Opposition Docs Under Seal
------------------------------------------------------------
In the class action lawsuit re: Prime Healthcare ERISA Litigation,
Case No. 8:20-cv-01529-JLS-JDE (C.D. Cal.), the Hon. Judge
Josephine L. Staton entered an order granting the Defendants'
application to file materials supporting opposition to plaintiffs'
motion for class certification under seal.
The unredacted copies of the following documents shall be filed
under seal and with redactions in the publicly filed versions of
these
documents as noted below:
Document Page(s)
Redactions
Exhibit 02 to Declaration 7514-7516; 7520-7522;
Highlighted
of Rachel P. Kaercher 7526-7528; 7532-7534; Text
(Maria Ornelas Account 7538-7540; 7544-7546;
Statements) 7550-7552; 7558-7560;
7566-7568; 7574-7576;
7582-7584; 7590-7592;
7598-7600; 7606-7508;
7614-7616; 7622-7624;
7630-7632; 7638-7640;
7646-7648; 7654-7656
Exhibit 03 to Declaration 7392-7393; 7398-7399;
of Rachel P. Kaercher 7404-7405; 7410-7411;
Highlighted
(Brian Horton Account 7416-7417; 7422-7433; Text
Statements) 7428-7430; 7436-7437;
7442-7443; 7448-7450;
7456-7458; 7464-7465;
7470-7471; 7476-7477
Prime Healthcare is a United States privately held healthcare
company.
A copy of the Court's order dated Nov. 16, 2023 is available from
PacerMonitor.com at https://bit.ly/410Mq3K at no extra charge.[CC]
PROGRESS SOFTWARE: Clarke Sues Over Personal Property Claims
------------------------------------------------------------
A class action lawsuit has been filed against Progress Software
Corporation, et al. The case is captioned as KIMBERLY CLARKE, et
al., on behalf of her minor child and on behalf of all others
similarly situated, v. PROGRESS SOFTWARE CORPORATION, et al., Case
No. 5:23-cv-01457-GTS-ML (N.D.N.Y., November 20, 2023).
The nature of suit is stated as 380 Torts - Personal Property -
Other Personal Property Damage.
Progress Software Corporation is a software company based in
Burlington, Massachusetts. [BN]
The Plaintiffs are represented by:
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
Facsimile: (516) 747-5024
E-mail: mtompkins@leedsbrownlaw.com
PROGRESS SOFTWARE: Marshall Suit Transferred to D. Mass.
--------------------------------------------------------
The case styled as EDWARD MARSHALL, individually and on behalf of
all others similarly situated, Plaintiff v. PROGRESS SOFTWARE
CORPORATION; PENSION BENEFIT INFORMATION, LLC d/b/a PBI RESEARCH
SERVICES; and TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF
AMERICA, Defendants, Case No. 1:23-cv-07822, 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 15, 2023.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:23-cv-12782-ADB to the proceeding.
The Plaintiff brings this class action against Defendants for their
failure to properly secure and safeguard personally identifiable
information including, but not limited to, Plaintiff's and Class
Members' names, Social Security numbers, birthdates, gender,
address, demographic information, insurance policy numbers, and
other financial information -- that has been compromised in the
alleged data breach.
Progress Software Corporation is an American public company that
produces software for creating and deploying business
applications.[BN]
The Plaintiff is represented by:
Jeffrey Kevin Brown, Esq.
LEEDS BROWN LAW P.C.
One Old Country Road, Ste 347
Carle Place, NY 11514
Telepone: (516) 873-9550
E-mail: jbrown@leedsbrownlaw.com
The Defendants are represented by:
James F. Monagle, Esq.
MULLEN COUGHLIN LLC
426 W. Lancaster Avenue, Suite 200
Devon, PA 19333
Telephone: (267) 930-1529
E-mail: jmonagle@mullen.law
- and -
Marc Shapiro, Esq.
ORRICK, HERRINGTON, & SUTCLIFFE LLP
51 West 52nd Street
New York, NY 10019
Telephone: (212) 506-3521
E-mail: mrshapiro@orrick.com
QUEENSLAND: Class Action Mulled Over Mobile Speed Camera Accuracy
-----------------------------------------------------------------
James Gelding, writing for CarExpert, reports that dozens of
Queensland residents claim the small country town they live in is
getting bankrupted by a single speed camera.
The Guardian reports residents of Malanda, roughly 115 kilometres
south-west of Cairns, have received a litany of speeding fines in
recent months from a portable speed camera.
State MP Shane Knuth started recording the number of offences
handed to Malanda locals and over a two-week period in September,
the town reportedly racked up 589 fines.
According to The Guardian, the town only has 811 households.
This reportedly amounts to a whopping $282,267 in fines being
issued.
As a result, The Guardian says many residents are planning to
contest their fines, and are questioning the accuracy of the
temporary speed camera, citing allegedly incorrectly recorded
speeds, as well as the placement of the camera.
The Queensland Police Service (QPS) manual offers guidance to
officers on where they should be monitoring speed and The Guardian
reports the camera was set up close to, but not in violation of the
limits established by the manual.
The camera was reportedly stationed on a bend on Malanda-Atherton
Road on a 60km/h stretch of downhill road, 350 metres away from a
change in speed to 80km/h.
The manual advises that speed detection devices should not be set
up on a downgrade of a hill, within 300 metres of a speed limit
decrease, within 100 metres of a speed limit increase and where the
length of a speed zone is less than a kilometre long.
Exceptions may be made if there's a school zone, or if there have
been accidents or reports of speeding. Mr Knuth says there haven't
been reports of the latter on this stretch of road.
In response, a spokesperson for the Department of Transport and
Main Roads (TMR) reportedly said the manual "has no legislative
requirement to be followed, however, TMR has adopted consistent
practices with QPS".
One resident criticised the use of a mobile speed camera instead of
an actual police officer who could pull over offenders.
LEARN MORE
"It's not a safety thing when you're receiving [the fine] a month
later. You should be receiving it within 12 hours, so you can
correct your action," said Cirsty Bonadio to The Guardian.
She claimed her company's fleet of vehicles had barely received a
ticket in decades, only to get five all at once in October.
TMR said the use of cameras is to "free-up police officers for
other duties, [which] is a benefit to everyone" and that the delay
in sending fines, which by law must be posted to the driver, is
"because each infringement is manually reviewed for accuracy".
It confirmed a transportable speed camera was used in town between
7-21 September.
Local solicitor Brad Bragg -- whose wife also received fines from
the camera -- suggested to The Guardian a class action could be on
the cards if TMR could not produce the appropriate test documents
to certify the camera.
He reportedly received a calibration certificate from the state
government via Mr Knuth's office, confirming the camera was
certified in an accredited testing laboratory on April 11.
However, the speed detection manual reportedly requires a device to
be "field tested" with records of the "date, time, location and
applicable results of field testing of the particular device".
Mr Bragg argues no such field test calibration certificate exists,
and this therefore opens up the opportunity of a class action.
"Several validations and checks are undertaken prior to
infringements being issued from TRSCs (transportable road safety
cameras)," a TMR spokesperson told The Guardian.
"These include independent testing and calibration of the speed
camera annually as required by legislation, secondary validation of
the speed camera's accuracy at each deployment, calculated
verification of the offences and manual adjudication of the
offences prior to an infringement being issued.
"Each TRSC is set up on site, following approved site layouts and
instructions that meet legislative requirements and manufacturer
specifications to ensure consistency and reliability." [GN]
QUEENSLAND: Faces Child Protection Suit Alleging Discrimination
---------------------------------------------------------------
Matt Dennien, writing for Brisbane Times, reports that there was a
significant, but quiet, development in Queensland in November
likely to have far-reaching implications beyond the two traumatic
and personal stories of child removals and hidden family histories
driving it.
"Child protection class action launched alleging racial
discrimination," the headline of a post on the Cairns-based Bottoms
English Lawyers website read two weeks ago.
The fledgling case hinges on two elements: the treatment of First
Nations children, and their parents, within the Queensland system.
"The DOCS Class Action involves claims for breaches of the Racial
Discrimination Act 1975 (Cth) by the Queensland Department of Child
Safety, towards both children who were removed from their families,
and parents who had children removed," the statement said.
The action also claims the department failed to adhere to placement
principles in the Child Protection Act 1999 meant to prioritise
placement of Aboriginal and Torres Strait Islander children with
their family where this was safe.
"It also involves ensuring that Aboriginal and Torres Strait
Islander children in out-of-home care are supported to maintain
connection to their family, community and culture, especially
children placed with non-Indigenous carers."
First Nations children who went through the system are alleged to
have been failed by the department, which breached obligations to
help families reunite or restore relationships, "impacting on
internationally recognised human rights".
Parents are also alleged to have been failed through a departmental
breach of its obligations to reunite and restore relationships with
removed children despite meeting the requirements imposed on them
for this to happen.
"It also claims that the Department failed to assist parents by
making no or no adequate attempts to investigate and locate family
members who may be regarded as a parent in Aboriginal culture to
care for a removed child or children."
The claim is not historical, either. First Nations parents with
departmental requirements for contact or reuniting with children
removed on or after March 4, 1992, are also included.
As are First Nations children at least 14 years old as of November
11 this year who were removed from their family by the department
since that 1992 date.
The class action is seeking many things. A well-resourced
consultation process to help restore families affected by the
department's actions is one.
As is trauma-informed and cultural sensitivity training for staff
on how to deal with First Nations families, along with a formal
public apology for the department's child removal practices, and
financial compensation.
The class action's official website describes it as a "landmark"
case based on hundreds of family complaints. The reasons for this
flow beyond even just the visceral and long-lasting trauma for
children, parents and families.
Queensland's youth justice reform committee, tasked with shaping a
new approach to what has long been described a "race to the bottom"
by major political parties, held its first hearings.
Boneta-Marie Mabo, a Munbarra, Meriam and Nywaigi woman who manages
the state youth program at support and advocacy organisation
Sisters Inside, drew the connection clearly.
"Criminalisation is usually the outcome of repeated and
intergenerational experiences of racism, violence, poverty,
homelessness, child removal and unemployment resulting in complex
health issues and substance use," she told MPs sitting across the
room.
"Criminalised children are victims and they are victims because of
the failures of government policies."
The committee will hear from key government departments this week
before regional hearings in February, chair Sandy Bolton said in a
statement on Nov. 27.
"[And] asking government officials some pointed questions about
what is being done to address these problems in both the short and
long term, and their thoughts on the recommendations made by
submitters and witnesses so far."
A department spokesperson said: "We are aware of this matter which
is before the Federal Courts and it would be inappropriate for us
to comment at this stage." [GN]
ROERS COS: Settles Class Suit Over Contaminated Apartment Complex
-----------------------------------------------------------------
Jeramey Jannene, writing for Urban Milwaukee, reports that a class
action lawsuit regarding environmental contamination in an
affordable housing complex could be over before residents are
allowed to move back in.
The Community Within The Corridor complex, located near N. 32nd and
W. Center streets, opened in December. But by March, approximately
150 residents were ordered to evacuate the eastern half of the
development by the Milwaukee Health Department after documentation
submitted to the Wisconsin Department of Natural Resources (DNR)
showed several areas had elevated levels of an airborne carcinogen
known to cause heart defects and other disorders in unborn children
and cancer for children and adults subject to long-term exposure.
A settlement is pending in Milwaukee County Circuit Court that
would pay a group of 21 tenants $25,000 each and preserve their
right to sue for exposure to the industrial chemical
trichloroethylene, commonly called TCE.
"I think everyone wants to move forward from this on both sides of
the aisle, and we are pleased to get it resolved in a timely
manner," said attorney Michael Cerjak to reporter Spencer Tracy in
October.
The development team, led by Roers Companies, initially paid for
displaced tenants' temporary housing and other incidental costs
after they were forced to leave the former factory. But in June,
Roers offered a $5,000 lease termination offer and quit paying
displacement costs in July. The class action lawsuit is made up of
a group of tenants, led by Tiffany Bowen, who declined to sign the
termination offer.
A motion hearing is scheduled for Jan. 3 before Judge Thomas J.
McAdams.
TCE is a popular industrial chemical that can be successfully
mitigated with proper remediation, including an exhaust system. The
development team, with environmental consultant K. Singh &
Associates, had been working with the DNR since 2020 on a
mitigation strategy for the contamination. The oldest building in
the former factory dates back to 1906. The multi-block complex was
long occupied by Briggs & Stratton, but had been used for storage
before the redevelopment work began.
As several public emails reveal, the DNR maintains it had provided
written warnings dating back to 2021 that the development team
should not move anyone into the building until the system could be
fully tested. Roers, in a March statement, said it tested the
system before anyone moved in. But records submitted to the DNR,
the trigger for the evacuation, showed a TCE concentration of more
than 190 times the acceptable level in one part of the building and
elevated levels in several others.
The evacuation also revealed a breakdown between city and state
oversight.
The DNR, according to city officials, never told the Department of
Neighborhood Services (DNS) to hold off issuing an occupancy permit
for the building. DNS reviews buildings for compliance with the
zoning, building and fire codes when issuing an occupancy permit.
DNR officials claim they weren't aware people moved in until March,
but had worked with city officials in January to develop a plan for
delaying occupancy if test results showed elevated contamination
levels.
A Nov. 18 report from KSingh shows that remediation work continues
at the complex. "Since March, we have successfully removed about
2.8 lbs. of TCE from the site," says the report, which details
testing of the exhaust system. Excavation work has taken place
within at least three first-floor units, with approximately 20
cubic yards of soil removed. Soil boring samples are being
collected elsewhere in the building. Hazardous material excavation
is expected to take place this week. The DNR review process, as now
extensively documented online, remains open.
Issues with TCE and other environmental contamination aren't
limited to repurposed factories or affordable housing. A luxury
apartment building at Bayshore in Glendale was subject to a health
evacuation in July, with residents of six units forced to leave
after elevated TCE levels were found. Dallas-based developer
Cypress Equities allowed residents to move into the new buildings
before testing was completed and against the instructions of the
North Shore Health Department. Cypress then attempted to downplay
the issue to residents. The chemical is present because of past
uses of the site.
In October, the Environmental Protection Agency proposed a ban on
TCE.
The Community Within The Corridor initially opened with great
fanfare, and substantial government support.
The financing package for the $68 million project, based on a 2020
report, includes a variety of public sources. The Wisconsin Housing
and Economic Development Authority is providing $19.7 million in
federal low-income housing tax credits. The National Park Service
and state are providing $17.43 million in historic preservation tax
credits, which requires much of the historic nature of the complex
to be preserved. Other funding sources include a bank loan, $1
million of the city's federal Community Development Block Grant
allocation and a $3.15 million developer-financed tax incremental
financing district. The district will effectively rebate increased
property tax payments for a period of up to 20 years.
The use of low-income housing tax credits as the primary source
ensured that the apartments were leased at federally-regulated
below-market rates, intended not to exceed 30% of a qualifying
household's income. The western portion of the complex is still
occupied by residents, the first of which moved in during July
2022.
In December, construction was still ongoing on commercial space in
the complex, as observed by an Urban Milwaukee reporter attending a
meeting at the building by the Redevelopment Authority of the City
of Milwaukee. Design on the project is being led by Continuum
Architects + Planners and general contracting by Greenfire
Management Services. A partnership of Que El-Amin, Mikal Wesley and
Rayhainio Boynes led the development locally, but the three
developers are minority partners in the project.
"Do Not Acquire" Property Sold
Final Cut Waterjet and Fabrication, a light manufacturing company,
now owns the building it occupies on Milwaukee's far Northwest
Side, but only after a series of unusual transactions.
"I started my business in my garage about 15 years ago, and I grew
it to the point where I needed to lease space. I ultimately landed
at 5834 N. 97th Street [in 2018] and rented what I thought was
going to be a great shop to build my business. Within about a year
and a half, I had a difficult time getting a hold of the landlord
and things kind of went downhill from there," said owner Mark
Isabell to the Zoning, Neighborhoods & Development Committee in
July.
The city also hadn't heard from Final Cut's landlord for some time.
The property owner hadn't been paying its property taxes since
2013. The city hadn't stepped in to seize the property because it
was on its "Do Not Acquire" list, a formal collection of
approximately 150 tax-delinquent brownfield properties that could
subject the city to liability for environmental contamination
should it take ownership. The city will use its foreclosure power
if someone else wants one of the possibly-contaminated properties,
but otherwise lets the unpaid bill grow.
Isabell said he quit paying rent "once the furnace went out, once
the roof started leaking" approximately three years ago. The
landlord, referred to as a single male by Isabell, never showed up.
"It did limit my plans at the time, because it's tough to invest in
additional equipment to grow if you're not sure you're going to
have a home in three months, six months, a year." Isabell said he
tried to talk to the mortgage holder, but was unsuccessful. He then
learned about the possible city foreclosure.
The city took possession of the property in September from Glen
Gorus Land Company, LLC. State records say the entity was dissolved
in 2014, but Harold H. Tonn served as its registered agent.
The Common Council, in July, unanimously endorsed selling the
property to Isabell for $42,000. Isabell closed on the purchase on
Oct. 17. The property is assessed for $291,100.
Final Cut, using CNC equipment, cuts large pieces of metal such as
steel or aluminum for other manufacturers. You can see its work in
a series of bus shelters on S. 27th Street that honor the street's
role as Historic Highway 41. Artist Ryan Laessig designed the
panels and Final Cut fabricated them.
The 5,500-square-foot building Final Cut occupies sits on an
11,369-square-foot lot in a small industrial area at the edge of
the Silver Swan neighborhood just a few blocks north of W. Silver
Spring Drive. According to city assessment records, the structure
was originally constructed in 1970.
Want to know if a property near you is on the Do Not Acquire list?
DCD maintains a map. You can also browse the list. [GN]
SECURITAS CRITICAL: Halsey Suit Seeks Security Guards' Unpaid OT
----------------------------------------------------------------
TANNER HALSEY, DERRICK CANNON, CHRISTOPHER SHACKELFORD, and
KATELYNN COONROOD, on behalf of themselves and all others similarly
situated, Plaintiffs v. SECURITAS CRITICAL INFRASTRUCTURE SERVICES,
INC., Defendant, Case No. 2:23-cv-22507 (D.N.J., November 20, 2023)
is a class action against the Defendant for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
The Plaintiffs worked for the Defendant as security guard employees
at any time between 2018 and 2023.
Securitas Critical Infrastructure Services, Inc. is a security and
facility services company. [BN]
The Plaintiffs are represented by:
Jason T. Brown, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
E-mail: jtb@jtblawgroup.com
- and -
Matthew R. McCarley, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street #700
Dallas, TX 75201
Telephone: (214) 210-2100
E-mail: mccarley@foresterhaynie.com
SLEEFS LLC: Nguyen Sues Over Illegal Telemarketing Calls
--------------------------------------------------------
KIM NGUYEN, individually and on behalf of all others similarly
situated, Plaintiff v. SLEEFS, LLC, Defendant, Case No.
CACE-23-021531 (Fla. Cir.,17th Judicial, Broward Cty., November 22,
2023) seeks for injunctive and declaratory relief, and damages for
violations of the Caller ID Rules of the Florida Telephone
Solicitation Act.
Plaintiff Nguyen brings this action alleging that Defendant
violated the FTSA's Caller ID Rules by transmitting phone number
that was not capable of receiving phone calls when it made a
telephonic sales calls by text message.
Sleefs is registered as a Florida limited liability company with
its principal place of business in Florida, which sells various
goods to persons throughout the country through its online store.
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller,Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
SLEEP NUMBER: Casillas Sues Over Access of Website Users' Devices
-----------------------------------------------------------------
MILTITA CASILLAS, individually and on behalf of all others
similarly situated, Plaintiff v. SLEEP NUMBER CORPORATION, a
Delaware entity d/b/a WWW.SLEEPNUMBER.COM, Defendant, Case No.
23STCV28330 (Cal. Super., Los Angeles Cty., November 17, 2023) is a
class action against the Defendant for violation of the California
Invasion of Privacy Act.
According to the complaint, the Defendant has secretly deployed
spyware that accesses the devices of its website's visitors,
installs tracking software, and surveils the visitors' browsing
habits. The Defendant knowingly and intentionally deployed "pen
register" software on its website to decode routing, addressing,
and signaling information to obtain the IP address of each visitor
as part of the Defendant's identity resolution efforts in violation
of California law. The Plaintiff did not consent to the Defendant's
actions, says the suit.
Sleep Number Corporation is a specialty bedding company that sells
products throughout California. [BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
SOUTHERN NAZARENE: Bishop Sues Over ADA Violations in S.D.N.Y.
--------------------------------------------------------------
A class action lawsuit has been filed against Southern Nazarene
University. The case is captioned as CEDRIC BISHOP, individually
and on behalf of all others similarly situated, v. SOUTHERN
NAZARENE UNIVERSITY, Case No. 1:23-cv-10199-AT (S.D.N.Y., November
20, 2023).
The suit is brought over alleged violation of the Americans with
Disabilities Act.
Southern Nazarene University is a private Nazarene university in
Bethany, Oklahoma. [BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite 10003
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
michael@gottlieb.legal
SOUTHWEST BAPTIST: Bishop Files Civil Rights Class Suit in S.D.N.Y.
-------------------------------------------------------------------
A class action lawsuit has been filed against Southwest Baptist
University. The case is captioned as CEDRIC BISHOP, individually
and on behalf of all others similarly situated, v. SOUTHWEST
BAPTIST UNIVERSITY, Case No. 1:23-cv-10200 (S.D.N.Y., November 20,
2023).
The Plaintiff filed a complaint against the Defendant for violation
of the Americans with Disabilities Act of 1990.
Southwest Baptist University is a private Baptist university in
Bolivar, Missouri. [BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite 10003
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
michael@gottlieb.legal
SOUTHWEST HOMES: Oliver Sues Over Home Consultants' Unpaid Wages
----------------------------------------------------------------
WILLIAM OLIVER and CASEY OLIVER, individually and on behalf of all
others similarly situated, Plaintiffs v. SOUTHWEST HOMES OF
ARKANSAS, INC., Defendant, Case No. 5:23-cv-05205-TLB (W.D. Ark.,
November 17, 2023) is a class action against the Defendant for
failure to pay minimum wages and overtime wages in violation of the
Fair Labor Standards Act and the Arkansas Minimum Wage Act.
The Plaintiffs were employed by the Defendant as new home
consultants.
Southwest Homes of Arkansas, Inc. is a home building company based
in Arkansas. [BN]
The Plaintiffs are represented by:
George M. Rozzell IV, Esq.
MILLER, BUTLER, SCHNEIDER, PAWLIK & ROZZELL PLLC
323 W. Spring St.
Fayetteville, AR 72701
Telephone: (479) 935-4995
E-mail: grozzell@arkattorneys.com
SUZUKI MOTOR: Jackson Sues Over Defective Sports Motorcycle
-----------------------------------------------------------
DVAUGHN JACKSON; DEANDRE RASHAD COOK; ABRAHAM VAZQUEZ; GUADALUPE
JAVIER HERNANDEZ JR.; and MORONI RODRIGUEZ, individually and on
behalf of all other similarly situated, Plaintiffs v. SUZUKI MOTOR
OF AMERICA, INC.; and DOES 1 through 50, inclusive, Defendants,
Case No. 8:23-cv-02189 (C.D. Cal., Nov. 21, 2023) seeks to address
Suzuki's failure to disclose the existence of the material safety
defects and to remedy those defects in Suzuki's sport motorcycles.
According to the complaint, Suzuki manufactured and sell defective
sport motorcycles known as Hayabusa, GSX-R1000R, GSX-R1000RZ,
GSX-R1000, GSX-R750, GSX-R750Z, GSX-R600, GSX-R600Z, GSX250R ABS
(collectively "Sport Motorcycles"). Specifically, Suzuki failed to
disclose that these sport motorcycles contained defective front
brake master cylinders.
The defective FBMCs in sport motorcycles are prone to random and
sudden failures during normal use. As a result, the defective FBMCs
present an extreme and unreasonable safety hazard to drivers,
passengers, and pedestrians due to potential failure, which, in
turn, can lead to accidents, the suit alleges.
SUZUKI MOTOR OF AMERICA, INC. manufactures motorcycles. The Company
offers sports bikes, cruisers, tourers, scooters, all-terrain
vehicle, and accessories. [BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Glenn A. Danas, Esq.
Zarrina Ozari, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
Email: rclarkson@clarksonlawfirm.com
gdanas@clarksonlawfirm.com
zozari@clarksonlawfirm.com
TA OPERATING: Litten Suit Seeks Restaurant Servers' Unpaid Wages
----------------------------------------------------------------
MADISON LITTEN, SHANNON RECTOR, KYRA LITTON, WENDY HALL, and FAITH
MAYNARD, individually and on behalf of all others similarly
situated, Plaintiffs v. TA OPERATING, LLC, d/b/a TRAVEL CENTERS OF
AMERICA, Defendant, Case No. 2:23-cv-03874-JLG-KAJ (S.D. Ohio,
November 20, 2023) is a class action against the Defendant for
violations of the Fair Labor Standards Act, the Ohio Minimum Fair
Wage Standards Act, and the Ohio Prompt Pay Act including failure
to pay minimum wages, failure to pay overtime wages, and failure to
tender pay by regular payday.
The Plaintiffs worked for the Defendant as servers at any time
between 2016 and 2023.
TA Operating, LLC, doing business as Travel Centers of America, is
an owner and operator of a Bob Evans restaurant franchise, located
inside of a Travel Center at 10679 Lancaster Rd., Hebron, Ohio.
[BN]
The Plaintiffs are represented by:
Carrie J. Dyer, Esq.
Greg R. Mansell, Esq.
MANSELL LAW, LLC
1457 S. High St.
Columbus, OH 43207
Telephone: (614) 610-4134
Facsimile: (614) 547-3614
E-mail: Carrie@MansellLawLLC.com
Greg@MansellLawLLC.com
TAHOE RESOURCES: $19.5MM Class Settlement to be Heard on Feb. 9
---------------------------------------------------------------
Faruqi & Faruqi, LLP issued a statement regarding Tahoe Resources
Inc. Securities Litigation:
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
In re TAHOE RESOURCES, INC. SECURITIES LITIGATION
Case No. 2:17-cv-01868-RFB-NJK
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION
LAWSUIT PENDING IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
NEVADA
To: All Persons who purchased or otherwise acquired Tahoe Resources
Inc.'s ("Tahoe") common stock in the United States or on the NYSE
under the ticker symbol TAHO between April 3, 2013 and August 24,
2017, inclusive, and who suffered damages thereby ("U.S. Settlement
Class").
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the District of Nevada, that Tiffany Huynh, as executor for the
estate of Kevin Nguyen, Lead Plaintiff in the U.S. Action ("U.S.
Plaintiff"), on behalf of herself and all members of the U.S.
Settlement Class and Defendants Tahoe, Ronald W. Clayton, Edie
Hofmeister, C. Kevin McArthur, and Mark T. Sadler ("Defendants"),
have reached a proposed settlement of the claims in the U.S. Action
in the amount of $19,500,000.00 (the "U.S. Settlement").
A hearing will be held before the Honorable Richard F. Boulware, on
February 9, 2024, at 8:30 am in Courtroom 7C of the United States
District Court for the District of Nevada, at the Lloyd D. George
Courthouse, 333 Las Vegas Blvd. South, Las Vegas, NV 89101 (the
"U.S. Settlement Hearing") to, among other things, determine
whether the U.S. Court should: (i) approve the proposed U.S.
Settlement as fair, reasonable, and adequate; (ii) dismiss the U.S.
Action with prejudice as provided in the Stipulation and Agreement
of Settlement, dated May 25, 2023; (iii) approve the proposed U.S.
Plan of Allocation for distribution of the settlement funds
available for distribution to U.S. Settlement Class Members (the
"U.S. Net Settlement Fund"); and (iv) approve U.S. Plaintiff's
Counsel's Fee and Expense Application. The U.S. Court may change
the date of the U.S. Settlement Hearing, or hold it telephonically,
without providing another notice. You do NOT need to attend the
U.S. Settlement Hearing to receive a distribution from the U.S. Net
Settlement Fund.
IF YOU ARE A MEMBER OF THE U.S. SETTLEMENT CLASS, YOUR RIGHTS WILL
BE AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A
MONETARY PAYMENT. If you have not yet received a full U.S. Notice
and U.S. Claim Form, you may obtain copies of these documents by
visiting the website of the U.S. Claims Administrator,
www.USTahoeSettlement.com, or by contacting the U.S. Claims
Administrator at:
Tahoe Resources United States Securities Litigation
Epiq Systems, Inc.
P.O. Box 5866
Portland, OR 97228-5866
Telephone: 1-855-903-0315
Email: info@USTahoeSettlement.com
Inquiries, other than requests for the U.S. Notice/U.S. Claim Form
or for information about the status of a claim, may also be made to
U.S. Plaintiff's Counsel:
James M. Wilson, Jr.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: 212-983-9330
Facsimile: 212-983-9331
Email: jwilson@faruqilaw.com
If you purchased or otherwise acquired Tahoe's common stock on any
Canadian exchange (including, without limitation, the Toronto Stock
Exchange) or any Canadian alternative trading system under the
ticker symbol THO between May 24, 2017 and July 5, 2017, then there
is a separate settlement being administered through the Ontario
Superior Court of Justice and you should visit
www.TahoeCanadianSettlement.ca for more information regarding that
separate settlement proceeding.
If you are a U.S. Settlement Class Member, to be eligible to share
in the distribution of the U.S. Net Settlement Fund, you must
submit a U.S. Claim Form postmarked or submitted electronically no
later than February 1, 2024. If you are a U.S. Settlement Class
Member and do not timely submit a valid U.S. Claim Form, you will
not be eligible to share in the distribution of the U.S. Net
Settlement Fund, but you will nevertheless be bound by all
judgments or orders entered by the U.S. Court relating to the
Settlement, whether favorable or unfavorable.
If you are a U.S. Settlement Class Member and wish to exclude
yourself from the U.S. Settlement Class, you must submit a written
request for exclusion in accordance with the instructions set forth
in the U.S. Notice such that it is received no later than January
18, 2024. If you properly exclude yourself from the U.S. Settlement
Class, you will not be bound by any judgments or orders entered by
the U.S. Court relating to the Settlement, whether favorable or
unfavorable, and you will not be eligible to share in the
distribution of the U.S. Net Settlement Fund.
Any objections to the proposed Settlement, U.S. Plaintiff's
Counsel's Fee and Expense Application, and/or the proposed U.S.
Plan of Allocation must be filed with the U.S. Court, either by
mail or in person, and be mailed to counsel for the U.S. parties in
accordance with the instructions in the U.S. Notice, such that they
are received no later than January 18, 2024.
PLEASE DO NOT CONTACT THE U.S. COURT, DEFENDANTS, OR DEFENDANTS'
COUNSEL REGARDING THIS NOTICE.
Dated: November 27, 2023
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
URL: www.USTahoeSettlement.com
TANTEO SPIRITS: Faces Bullock Suit Over ADA Violations in S.D.N.Y.
------------------------------------------------------------------
A class action lawsuit has been filed against Tanteo Spirits, LLC.
The case is captioned as JUSTIN BULLOCK, individually and on behalf
of others similarly situated, v. TANTEO SPIRITS, LLC, Case No.
1:23-cv-10143 (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.
Tanteo Spirits, LLC is a beverage 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
TATA CONSULTANCY: Layoffs Without Advance Notice, Malave Claims
---------------------------------------------------------------
ROCKWELL MALAVE, individually and on behalf of all others similarly
situated, Plaintiff v. TATA CONSULTANCY SERVICES LIMITED and TATA
AMERICA INTERNATIONAL CORPORATION, Defendants, Case No.
2:23-cv-22529 (D.N.J., November 20, 2023) is a class action against
the Defendants for laying off a large number of employees,
including the Plaintiff, without providing the pre-layoff notice
and severance pay mandated by the New Jersey Worker Adjustment and
Retraining Notification Act.
The Plaintiff was employed by the Defendants from September 2014 to
September 20, 2023. When terminated, his job title was Engagement
Manager.
Tata Consultancy Services Limited is an information technology
company headquartered in Edison, New Jersey.
Tata America International Corporation is an information technology
company headquartered in New York, New York. [BN]
The Plaintiff is represented by:
Mitchell Schley, Esq.
LAW OFFICES OF MITCHELL SCHLEY, LLC
197 Route 18 South
South Tower, Suite 3000
East Brunswick, NJ 08816
Telephone: (732) 325-0318
E-mail: mschley@schleylaw.com
TEACHERS INSURANCE: Anderson Breach Suit Transferred to D. Mass.
----------------------------------------------------------------
The case styled as ROBIN ANDERSON, on behalf of herself and all
others similarly situated, Plaintiff v. TEACHERS INSURANCE AND
ANNUITY ASSOCIATION OF AMERICA, Defendant, Case No. 1:23-cv-07437,
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 15, 2023.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:23-cv-12780-ADB to the proceeding.
The Plaintiff brings this class action lawsuit against Defendant
TIAA for its failure to properly secure and safeguard personally
identifiable information including but not limited to: Plaintiff's
and Class members' name, Social Security number, gender, date of
birth, and physical address that has been compromised in the
alleged data breach.
Teachers Insurance and Annuity Association of America is a
substantial financial services corporation.[BN]
The Defendant is represented by:
Aravind Swaminathan, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
401 Union Street, Suite 3300
Seattle, WA 98101
Telephone: (206) 839-4300
E-mail: aswaminathan@orrick.com
- and -
Rebecca Harlow, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105
Telephone: (415) 773-5700
E-mail: rharlow@orrick.com
TEACHERS INSURANCE: King's Data Breach Suit Transferred to D. Mass.
-------------------------------------------------------------------
The case styled as SHAY L. KING, individually, and on behalf of all
others similarly situated, Plaintiff v. TEACHERS INSURANCE AND
ANNUITY ASSOCIATION OF AMERICA, Defendant, Case No. 1:23-cv-07407,
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 15, 2023.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:23-cv-12774-ADB to the proceeding.
The Plaintiff brings this class action lawsuit against Defendant
TIAA for its failure to properly secure and safeguard personally
identifiable information including but not limited to: Plaintiff's
and Class members' name, Social Security number, gender, date of
birth, and physical address that has been compromised in the
alleged data breach.
Teachers Insurance and Annuity Association of America is a
substantial financial services corporation.[BN]
The Defendant is represented by:
Aravind Swaminathan, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
401 Union Street, Suite 3300
Seattle, WA 98101
Telephone: (206) 839-4300
E-mail: aswaminathan@orrick.com
- and -
Rebecca Harlow, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105
Telephone: (415) 773-5700
E-mail: rharlow@orrick.com
TEACHERS INSURANCE: Teppler Breach Suit Transferred to D. Mass.
---------------------------------------------------------------
The case styled as STEVEN TEPPLER, individually and on behalf of
all others similarly situated, Plaintiff, v. TEACHERS INSURANCE AND
ANNUITY ASSOCIATION OF AMERICA, Defendant, Case No. 1:23-cv-07758,
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 15, 2023.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:23-cv-12781-ADB to the proceeding.
The Plaintiff brings this class action lawsuit against Defendant
TIAA for its failure to properly secure and safeguard personally
identifiable information including but not limited to: Plaintiff's
and Class members' name, Social Security number, gender, date of
birth, and physical address that has been compromised in the
alleged data breach.
Teachers Insurance and Annuity Association of America is a
substantial financial services corporation.[BN]
The Defendant is represented by:
Aravind Swaminathan, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
401 Union Street, Suite 3300
Seattle, WA 98101
Telephone: (206) 839-4300
E-mail: aswaminathan@orrick.com
- and -
Rebecca Harlow, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105
Telephone: (415) 773-5700
E-mail: rharlow@orrick.com
TESLA INC: Karunatilaka Sues Over False Ads on EV Range Statistics
------------------------------------------------------------------
NEIL KARUNATILAKA, on behalf of himself and all others similarly
situated, Plaintiff v. TESLA, INC. d/b/a TESLA MOTORS, INC.,
Defendant, Case No. 2:23-cv-02742-AC (E.D. Cal., November 22, 2023)
arises out of Tesla's false advertising of its electric vehicles'
range statistics, which Tesla grossly overvalued when selling the
vehicles to consumers.
Accordingly, Plaintiff brings this class action to redress Tesla's
violations of state consumer fraud statutes, fraud, negligent
misrepresentation, breach of express warranty, breach of implied
warranty, violation of the California's Song-Beverly Consumer
Warranty Act, and unjust enrichment.
With headquarters in Austin, TX and Palo Alto, CA, Tesla designs,
manufactures, advertises, markets, and sells its electric vehicles
throughout the United States and worldwide. [BN]
The Plaintiff is represented by:
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura H. Goolsby, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
U.S. BANK: Aguilar Sues Over Improper Banking Practices
-------------------------------------------------------
AMERICA AGUILAR; ALEXIS BELL; DINA WARD; LAKYRA TURNER; and
JONATHAN FLINKER, individually and on behalf of all others
similarly situated, Plaintiffs v. U.S. BANK NATIONAL ASSOCIATION;
U.S. BANCORP INVESTMENTS, INC.; and DOES 1 through 100, inclusive,
Case No. 23STCV28855 (Cal. Super., Los Angeles Cty., Nov. 21, 2023)
is a class action brought for the benefit and protection of the
Plaintiffs, and all other similarly situated consumers who are
residents of California and who used or accessed the digital
financial services through at least one of the websites or mobile
applications operated by U.S. Bank, including without limitation,
usbank.com, and U.S. Bank's mobile Android/IOS 14 applications.
According to the Plaintiffs in the complaint, in order to use and
benefit from the U.S. Bank Platforms, Platform visitors, or users,
are informed that they must agree to U.S. Bank's Digital Services
Agreement. While conducting substantial business with California
consumers, the Terms the Defendants impose upon U.S. Bank's
customers and prospective customers clearly violate California
consumer laws. The Defendants' conduct is unlawful, including among
other reasons, because it is aimed to stifle California consumers'
right to free speech, and the right of the California public to
hear lawful discourse. Defendants' strong-arm tactics to silence
injured parties were and continue to be intentionally exercised to
protect Defendants' self-promoting public image for commercial and
other benefits. The Defendants' unlawful business practices,
purposefully designed to maintain and increase its consumers and
prop up its tock price, all while denying public, consumers, and
potential consumers accurate information so that they may make
informed decisions as consumers, the suit says.
These unlawful restrictions imposed by Defendants against their own
customers and prospective customers is an important component of
U.S. Bank's business strategy, which relies upon the popularity of
its product offerings nationwide to generate significant revenues
and profits. But the Defendants' efforts to silence their customers
and prospective customers is clearly prohibited by California law,
alleges the suit.
U.S. Bank National Association operates as a bank. The Company
offers products and services such as internet and mobile banking,
internet bill pay, credit cards, options for paying bills, online
statements, saving account, mortgages, and home loans. [BN]
The Plaintiff is 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
Email: 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
11 Phone: (619) 291-1900
UNITED ENERGY: Winters Sues Over Unsolicited Telemarketing Calls
----------------------------------------------------------------
A class action lawsuit has been filed against United Energy
Partners LLC. The case is captioned as RICHARD WINTERS JR., on
behalf of himself and all others similarly situated, v. UNITED
ENERGY PARTNERS LLC, Case No. 2:23-cv-02427-SPL (D. Ariz., November
20, 2023).
The Plaintiff filed a suit against the Defendant for violation of
the Telephone Consumer Protection Act.
United Energy Partners LLC is a solar energy company based in
Scottsdale, Arizona. [BN]
The Plaintiff is represented by:
David James McGlothlin, Esq.
KAZEROUNI LAW GROUP APC
301 E Bethany Home Rd., Ste. C-195
Phoenix, AZ 85012
Telephone: (602) 265-3332
E-mail: david@kazlg.com
- and -
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP APC
301 E Bethany Home Rd., Ste. C-195
Phoenix, AZ 85012
Telephone: (800) 400-6808
E-mail: ryan@kazlg.com
VISA INC: Millions of Businesses Eligible for Share of $5.54BB Deal
-------------------------------------------------------------------
On Dec. 1, 2023, the claim submission process begins for the
largest private antitrust class-action settlement in U.S.
history, and millions of business owners nationwide are
expected to submit claims to get their portion of the
court-approved $5.54 billion settlement.
The settlement is unprecedented, and the claims process is
straightforward and streamlined. Claim forms are being mailed to
class members throughout December by the U.S. Postal Service.
The class includes millions of U.S. businesses that accepted
Visa and/or Mastercard credit or debit cards between Jan. 1,
2004 and Jan. 25, 2019 and who did not previously opt out.
Full details are available on the settlement
website, www.PaymentCardSettlement.com, where class members may
also file a claim for their share of the settlement based on their
estimated Visa and/or Mastercard interchange fees and other factors
during the class period.
"This is an historic antitrust class-action settlement that
provides some relief for U.S. merchants after years of paying
allegedly inflated Visa and Mastercard interchange fees," said K.
Craig Wildfang, of Robins Kaplan LLP, co-counsel on the
litigation alongside Robbins Geller Rudman & Dowd LLP and
Berger Montague PC.
"The case has been winding its way through the court system for
nearly 20 years. Now we look forward to helping class members with
the claims process and getting the benefits of the settlement into
their hands," said Alexandra Bernay, partner at Robbins Geller
Rudman & Dowd LLP.
On March 15, 2023, the Court of Appeals for the Second
Circuit unanimously upheld the district court's order giving
final approval to the $5.54 billion settlement on behalf of
U.S. merchants in the "In re Payment Card Interchange Fee and
Merchant Discount Antitrust Litigation" class action
lawsuit. The case relates to claims that merchants allegedly paid
excessive fees to accept Visa and Mastercard cards. The suit
alleged that Visa and Mastercard and their member banks acted in
violation of the antitrust laws.
Businesses should look for claim forms in the mail beginning in
December and can follow the instructions on the form to file a
claim online or by mail.
For further information and updates on the Payment Card
Settlement, including a timeline, Frequently Asked Questions
(FAQs), and related documents, please visit
www.PaymentCardSettlement.com.
Media Contact
(W)right On Communications
Larry Smalheiser
Associate Vice President, B2B + Tech
Main No: 858.886.7900
Mobile No: 925.413.3137
Email: lsmalheiser@wrightoncomm.com
Website: www.wrightoncomm.com [GN]
VOLUNTEERS OF AMERICA: Jallow Balks at Case Managers' Unpaid Wages
------------------------------------------------------------------
KATISHA JALLOW, individually and on behalf of all other aggrieved
employees, Plaintiff v. VOLUNTEERS OF AMERICA OF LOS ANGELES, a
California Nonprofit Corporation, and DOES 1 through 50, inclusive,
Defendants, Case No. 23STCV2T998 (Cal. Super., Los Angeles Cty.,
Nov. 15, 2023) is a class action against the Defendants for
allegedly engaging in unlawful labor practices in violation of the
California Labor Code.
The Plaintiff brought this complaint for 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
case manager on December 1, 2022. He is still currently employed by
the Defendants.
Volunteers of America of Los Angeles is a non-profit organization
that provides housing and supportive services for the
homeless.[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
WALGREENS BOOTS: $192.5MM Class Settlement to be Heard on Feb. 7
----------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
Rite Aid Securities Litigation:
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DOUGLAS S. CHABOT, et al., Individually and on Behalf of All Others
Similarly Situated,
Plaintiffs,
vs.
WALGREENS BOOTS ALLIANCE, INC., et al.,
Defendants.
Civ. Action No. 1:18-cv-02118-JPW
CLASS ACTION
SUMMARY NOTICE
IF YOU PURCHASED OR ACQUIRED RITE AID CORPORATION ("RITE AID")
COMMON STOCK BETWEEN OCTOBER 20, 2016 AND JUNE 28, 2017, INCLUSIVE
(THE "CLASS"), YOU COULD RECEIVE A PAYMENT FROM A CLASS ACTION
SETTLEMENT. CERTAIN PERSONS ARE EXCLUDED FROM THE DEFINITION OF THE
CLASS AS SET FORTH IN THE STIPULATION OF SETTLEMENT.
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A
CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and by Order of the United States District Court
for the Middle District of Pennsylvania, that in the
above-captioned litigation (the "Action"), which is a certified
class action, a Settlement has been proposed for $192,500,000.00 in
cash. A hearing will be held on February 7, 2024, at 1:30 p.m.,
before the Honorable Jennifer P. Wilson, in Courtroom 8A, at the
United States District Court for the Middle District of
Pennsylvania, Sylvia H. Rambo U.S. Courthouse, 1501 North 6th
Street, Harrisburg, PA 17102, for the purpose of determining
whether: (1) the proposed Settlement should be approved by the
Court as fair, reasonable, and adequate; (2) the proposed Plan of
Allocation for distribution of the Settlement proceeds is fair,
reasonable, and adequate and therefore should be approved; and (3)
the application of Lead Counsel for the payment of attorneys' fees
and expenses from the Settlement Fund, including interest earned
thereon, and requests by Plaintiffs for their time and expenses,
should be approved.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS MAY
BE AFFECTED BY THE SETTLEMENT OF THE ACTION, AND YOU MAY BE
ENTITLED TO SHARE IN THE NET SETTLEMENT FUND. If you have not
received a detailed Notice of Proposed Settlement of Class Action
("Notice") and a copy of the Proof of Claim and Release ("Claim
Form"), you may obtain copies of these documents by contacting the
Claims Administrator: Rite Aid Securities Settlement, Claims
Administrator, c/o Gilardi & Co. LLC, P.O. Box 301135, Los Angeles,
CA 90030-1135; info@RiteAidSecuritiesSettlement.com;
1-866-653-4874. You may also obtain copies of the Stipulation of
Settlement, Notice, and Claim Form at
www.RiteAidSecuritiesSettlement.com.
If you are a Class Member, to be eligible to share in the
distribution of the Net Settlement Fund, you must submit a Claim
Form by mail postmarked no later than February 12, 2024, or submit
it online by that date. If you are a Class Member and do not submit
a valid Claim Form, you will not be eligible to share in the
distribution of the Net Settlement Fund, but you will still be
bound by any judgment entered by the Court in this Action
(including the releases provided for therein).
If you are a Class Member, you will be bound by any judgment
entered by the Court in this Action (including the releases
provided for therein) whether or not you submit a Claim Form. If
you previously excluded yourself from the Class, you will have no
right to recover money pursuant to the Settlement.
Any objection to the Settlement, the Plan of Allocation, Lead
Counsel's request for attorneys' fees and expenses, or Plaintiffs'
request for time and expenses (if any) must be filed with the Court
no later than January 24, 2024, and received by each of the
following counsel no later than January 17, 2024:
Clerk of the Court
United States District Court, Middle District of Pennsylvania
Sylvia H. Rambo U.S. Courthouse
1501 North 6th Street
Harrisburg, PA 17102
Lead Counsel:
Robbins Geller Rudman & Dowd LLP
David A. Knotts
655 West Broadway, Suite 1900
San Diego, CA 92101
Counsel for Defendants:
Weil, Gotshal & Manges LLP
Caroline Hickey Zalka
767 Fifth Avenue
New York, NY 10153
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE. If you have any questions about the Settlement, you
may contact Lead Counsel at the address listed above or email
settlementinfo@rgrdlaw.com.
DATED: October 23, 2023
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WARREN GENERAL: Fails to Protect Patients' Info, Marrone Says
-------------------------------------------------------------
ROBERT MARRONE, on behalf of himself and all others similarly
situated, Plaintiff v. WARREN GENERAL HOSPITAL, Defendant, Case No.
1:23-cv-00330-SPB (W.D. Pa., November 22, 2023) arises from the
Defendant's failure to protect and safeguard the sensitive,
personally identifying information or protected health information
of its patients including Plaintiff.
Despite Warren General Hospital's duty to safeguard its members'
PII and PHI, Plaintiff's and other Class Members' PII and/or PHI
was allowed to be accessed by and exposed to an unauthorized,
unknown third party during a data breach of WGH’s network, which
WGH states occurred between September 15, 2023, and September 23,
2023.
Accordingly, Plaintiff brings claims for negligence, breach of
fiduciary duty, breach of confidence, violation of the Pennsylvania
Unfair Trade Practices and Consumer Protection Law, and declaratory
judgment, seeking actual and punitive damages, with attorneys'
fees, costs, and expenses, and appropriate injunctive and
declaratory relief.
WGH is a Pennsylvania non-profit corporation with its principal
place of business at 2 Crescent Park West, Warren, PA. [BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Kelly Iverson, Esq.
LYNCH CARPENTER, LLP
1133 Penn Ave., Fl.5
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: gary@lcllp.com
kelly@lcllp.com
- and -
Kenneth J. Grunfeld, Esq.
Jeff Ostrow, Esq.
KOPELOWITIZ OSTROW P.A.
65 Overhill Road
Bala Cynwyd, PA 19004
Telephone: (215) 967-8799
WENDY'S INTERNATIONAL: Little Labor Suit Removed to D. Colorado
---------------------------------------------------------------
The case styled JEFFREY LITTLE, individually and on behalf of all
others similarly situated v. WENDY'S INTERNATIONAL, LLC, Case No.
20-CV-33621, was removed from the District Court, City & County of
Denver, Colorado, to the U.S. District Court for the District of
Colorado on November 17, 2023.
The Clerk of Court for the District of Colorado assigned Case No.
1:23-cv-03056 to the proceeding.
The case arises from the Defendant's failure to pay wages under the
Colorado Wage Claim Act and the Colorado Minimum Wage Act.
Wendy's International, LLC is a restaurant company headquartered in
Ohio. [BN]
The Defendant is represented by:
David L. Coats, Esq.
Cole Wist, Esq.
ScheLeese Goudy, Esq.
SQUIRE PATTON BOGGS (US) LLP
717 17th Street, Suite 1825
Denver, CO 80202
Telephone: (303) 830-1776
Facsimile: (303) 894-9239
E-mail: david.coats@squirepb.com
cole.wist@squirepb.com
scheleese.goudy@squirepb.com
- and -
Jill S. Kirila, Esq.
2000 Huntington Center
41 South High Street
Columbus, OH 43215
Telephone: (614) 365-2700
E-mail: jill.kirila@squirepb.com
WORLD WRESTLING: Faces Palkon Suit Over Breach of Fiduciary Duties
------------------------------------------------------------------
A class action lawsuit has been filed against Vincent K. McMahon,
et al. The case is captioned as DENNIS PALKON, individually and on
behalf of all others similarly situated, v. VINCENT K. MCMAHON, et
al., Case No. 2023-1175-JTL (Del. Ch., November 20, 2023).
The case type is stated as Breach of Fiduciary Duties. [BN]
The Plaintiff is represented by:
Gregory V. Varallo, Esq.
Telephone: (212) 554-1408
Facsimile: (212) 554-1444
- and -
Meyer, Daniel, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
500 Delaware Ave., Ste. 901
Wilmington, DE 19801
Telephone: (212) 554-1424
E-mail: daniel.meyer@blbglaw.com
XPONENTIAL FITNESS: McGill Sues Over Labor Law Breaches
-------------------------------------------------------
SHANNON MCGILL et al., Plaintiffs v. XPONENTIAL FITNESS LLC et al.,
Defendants, Case No. 2:23-cv-03909-MHW-EPD (S.D. Ohio, November 22,
2023) is a class action alleging systemic violations of the federal
Fair Labor Standards Act and several related state wage-and-hour
laws, including the Ohio Revised Code and the California Labor
Code.
According to the complaint, as of September 1, 2023, Xponential
Fitness refranchised the 66 company-owned gym studios to Defendant
Brown, and all employees of these gym studios, who were previously
employees of Defendant Xponential Fitness, became employees of
Defendant MD Pro Fitness. However, Plaintiffs allegedly suffered
the negative effects of the failed mass-franchising deal of the
Defendants. These effects include unpaid overtime wages, incorrect
pay, and unpaid minimum wages, says the suit.
Xponential Fitness is a franchisor of boutique fitness brands.
Those brands are AKT, BFT, Club Pilates, CycleBar, PureBarre, Row
House, Rumble, Stretch Lab, Stride, and Yoga Six. As a franchisor,
Xponential Fitness contracts with franchisees to open new gym
studios or to take over operation of existing company-owned gym
studios. [BN]
The Plaintiffs are represented by:
Jason E. Starling, Esq.
WILLIS SPANGLER STARLING
4635 Trueman Boulevard, Suite 200
Hilliard, OH 43026
Telephone: (614) 586-7915
Facsimile: (614) 586-7901
E-mail: jstarling@willisattorneys.com
- and -
John C. Camillus, Esq.
LAW OFFICES OF JOHN C. CAMILLUS, LLC
P.O. Box 141410
Columbus, OH 43214
Telephone: (614) 992-1000
Facsimile: (614) 559-6731
E-mail: jcamillus@camilluslaw.com
[*] B.C. Supreme Court Urged to Certify Suit Against Opioid Makers
------------------------------------------------------------------
Darryl Greer, writing for The Canadian Press, reports that the
British Columbia Supreme Court should certify a class-action
lawsuit against opioid makers on behalf of all provinces and
territories to save time and money on what would otherwise be 13
nearly identical actions, a B.C. government lawyer says.
Reidar Mogerman, a lawyer for the B.C. government, told Justice
Michael Brundrett on Nov. 27 the court should approve a class made
of governments saddled with health-care costs related to the opioid
crisis that has killed or injured thousands of Canadians.
"This litigation is about what the defendants did, what the
defendants knew, when did they know it (and) how did they react to
the information that they had," Mogerman said. "Did they, as is
alleged, deceive and mislead the relevant players in the
health-care system in order to balloon the sales of opioids, which
in turn caused the opioid crisis?"
If the judge agrees to certify provinces and territories as part of
the class, the case would then move ahead as a civil trial to
determine if the health-care and pharmaceutical companies were
negligent and unjustly enriched by deceptively marketing opioid
products. The lawsuit alleges the defendants fraudulently
misrepresented and concealed the dangers of opioids, and the action
seeks damages for health-care costs recovery, Competition Act
violations and other alleged misconduct.
Mogerman said the questions at the heart of the lawsuit are common
across provinces and territories.
"It's not different for British Columbia," he said. "Ontario will
ask the same question."
He told the judge that having a single trial examining those
questions would move "the litigation way down the track in terms of
how much is left for each individual plaintiff or class member to
engage in," he said.
Evidence shows that opioid industry players moved in "unison" as
sales of their products "ballooned" in conjunction with "damage
from the crisis," Mogerman said.
Moving forward with a single class-action lawsuit would show the
"problem-solving aspect of litigation as it grapples with an
unimaginably complex and difficult public-health issue," he said.
"It's not an unimaginably complex legal issue, we know how we're
going to do it," he said, adding that provincial legislation
provides a framework for how the case should be handled.
Mogerman told the court that the industry itself has referred to
different opioid products as a "class" of drugs, and he detailed
the many "dramatic" revisions over the years of warnings on
opioid-based medications.
He told the court the changes -- known as product monographs -- are
evidence of misrepresentation and negligence by pharmaceutical
firms where they warned people about the dangers of getting
addicted to their products.
The warnings prove the defendants were negligent in marketing the
drugs early-on.
B.C. Attorney General Niki Sharma said on Nov. 27 that the hearing
represents a "new step" in the battle against opioid makers and
marketers.
Sharma said the action to obtain costs associated with the opioid
crisis is a first of its kind in Canada, and one defendant, Purdue
Pharma, has already settled with the province for $150 million.
Speaking outside court in Vancouver ahead of the certification
hearing, she said the action was started back in 2018 when Premier
David Eby was still the attorney general, putting B.C. up against
dozens of health-care and pharmaceutical companies.
It comes even after the Supreme Court of Canada agreed in November
to hear a constitutional challenge by four of the companies who say
a law allowing B.C. to recover costs on behalf of other governments
is an overreach.
Sharma said the lawsuit marks a "novel approach" to speed up the
process as governments try to hold companies accountable for
making, selling and marketing opioids.
She and Jennifer Whiteside, minister of mental health and
addictions, issued a joint statement on Nov. 27, calling the
agreement with Purdue "the largest-ever government health
settlement in Canadian history."
"One part of our work to address the toxic drug poisoning crisis is
holding the bad actors who are fuelling this crisis -- including
opioid manufacturers and distributors, and their consultants --
accountable," they say.
Sharma said outside court the province has been up against
"numerous challenges" from the defendants, who tried to delay the
certification hearing as matters remain unresolved before Canada's
high court, but a B.C. judge said an adjournment wasn't in the
interests of justice.
B.C. declared a public-health emergency in 2016 over the crisis,
and since then nearly 13,000 people have died of overdoses in the
province.
"We are holding multinational pharmaceutical companies accountable
for their role in today's public-health emergency," Sharma said.
"While no amount of money will ever bring back the people who have
lost their lives due to toxic, unregulated drugs, our battle
against the wrongful conduct of businesses and their marketing
consultants is another meaningful step to address the toxic-drug
crisis," she said.
The certification hearing is expected to last about four weeks.
[GN]
*********
S U B S C R I P T I O N I N F O R M A T I O N
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