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/raid1/www/Hosts/bankrupt/CAR_Public/231208.mbx C L A S S A C T I O N R E P O R T E R Friday, December 8, 2023, Vol. 25, No. 246 Headlines ADOBE INC: Faces Shah Suit for Breach of Fiduciary Duties AIDS HEALTHCARE: Faces Class Action Over Squalid Conditions AQUILA SERVICES: Barnett Sues Over Unpaid Wages, Retaliation ASCENSION MICHIGAN: Cross Appeals Albright Suit Settlement Approval ASHLEY FURNITURE: Floyd Class Suit Removed to W.D. Wash. AUTONOMY PRODUCTIONS: Ramirez Labor Suit Removed to C.D. Cal. CHURCH OF JESUS CHRIST: Tithing Class Suit May Impact Nonprofits COSTCO WHOLESALE: Clower Labor Suit Removed to E.D. Cal. EQT CORPORATION: Files 4th Cir. Appeal in Glover Suit FLEETWOOD HOMES: Ramos Wage-and-Hour Suit Removed to C.D. Cal. FRAC SPYDER: Brown Sues Over Failure to Pay Proper Overtime GAK 249 INVESTMENTS: Hazary Seeks Unpaid Straight-Time, OT Wages HHM FACILITY: Alcaraz Labor Suit Removed to S.D. Cal. HILCO MERCHANT: Corbin Class Suit Removed to D. Mass. HYATT CORP: Ramones Labor Suit Removed to E.D.N.Y. INTERVET INC: Installs Tracking Software on Devices, Aviles Says JELD-WEN INC: Spencer Suit Removed to W.D. Wash. KEMRON ENVIRONMENTAL: Gonzales Labor Suit Removed to N.D. Cal. LEADING EDGE: Zarr Labor Suit Moved to M.D. Fla. MEMORIAL HEALTH: Files 9th Cir. Appeal in Stendal Suit MULTIMATIC TENNESSEE: Taylor Seeks Unpaid OT Wages NESTLE PURINA: Pet Foods Contain Synthetic Chemicals, Kueck Says NORTHWELL HEALTH: Fails to Protect Personal Info, Vasquez Says PENNEY OPCO: Atkinson Suit Removed to W.D. Washington PHILADELPHIA INDEPENDENTS: Gomberg Files ADA Suit in E.D. Pa. PREMIUM RETAIL: Martinez Suit Removed to N.D. California QUEST DIAGNOSTICS: Mandatory Settlement Conference Set for Feb. 13 REPUBLIC REIGN: Convertino Seeks Conditional Class Certification ROBERT PACE: Bid for More Time to File Class Cert Bid Tossed ROBERT PACE: Parties Seek More Time to File Class Certification Bid ROLLINS INC: Plaintiffs Seek to Certify Class for Settlement RUBY HOLLOW: McGowan Appeals Securities Suit Dismissal to 2nd Cir. RXO INC: Spencer Class Suit Removed to W.D. Wash. SANTANDER HOLDINGS: To Settle Kelly Suit Over Repo Dispute SIEMENS MOBILITY: McIntyre Labor Suit Removed to E.D. Cal. STATE AND LIBERTY: Gomberg Files ADA Suit in E.D. Pennsylvania STATE FARM: Seeks Leave to File Instanter Sur-Reply in Belotti SYNCREON.US INC: Ayala Wage-and-Hour Suit Removed to E.D. Pa. T-MOBILE USA: Rouse Sues Over Failure to Pay Proper Wages TRAVEL INSURED: Court OK's Class Certification in Edleson Suit TRUMP CORP: Bids for Class Cert Sealing in McKoy Tossed TT USA LLC: Gomberg Files ADA Suit in E.D. Pennsylvania TURQUOISE HILL: Bid to Certify Class Withdrawn w/o Prejudice TYSON FOODS: Fails to Accommodate Religious Belief, Pearson Says UNITED STATES: Completion of Class Cert Discovery Due Jan 24, 2024 UNITED STATES: Plaintiffs' Class Cert Response Due Dec. 8 WELLS FARGO: Hummel Files Suit Over Unfair Trade Practices WILLIAM LEE: Suit Filed in M.D. Tennessee WILLIAMS-SONOMA STORES: Atkinson Suit Removed to W.D. Wash. WIS INTERNATIONAL: Samuels Files Suit in Cal. Super. Ct. WORLD WRESTLING: Pension Fund Alleges Breach of Fiduciary Duty ZARA USA: Parra Suit Removed to C.D. California ZARBEE'S INC: Bid for Class Certification Due June 28, 2024 Asbestos Litigation ASBESTOS UPDATE: Ashland Inc. Reports $472MM Litigation Reserves ASBESTOS UPDATE: Cabot Corp. Defends Product Liability Lawsuits ASBESTOS UPDATE: Scotts Miracle-Gro Defends Exposure Lawsuits ASBESTOS UPDATE: WestRock Co. Faces 600 PI Lawsuits as of Sept. 30 ********* ADOBE INC: Faces Shah Suit for Breach of Fiduciary Duties --------------------------------------------------------- ALPESH SHAH, derivatively on behalf of nominal Defendant ADOBE INC., Plaintiff v. SHANTANU NARAYEN, AMY BANSE, BRETT BIGGS, MELANIE BOULDEN, FRANK CALDERONI, LAURA DESMOND, SPENCER NEUMANN, KATHLEEN OBERG, DHEERAJ PANDEY, DAVE RICKS, DAN ROSENSWEIG, DANIEL DURN, DAVID WADHWANI, JOHN MURPHY, and JONATHAN VAAS, Defendants, and ADOBE INC., Nominal Defendant, Case No. 1:23-cv-01315-UNA (D. Del., Nov. 16, 2023) is a class action against the Defendants for breach of fiduciary duty, unjust enrichment, waste of corporate assets, and violation of Section 10(b) of the Securities Exchange Act of 1934. The suit is also a shareholder derivative action brought on behalf of Adobe against certain current and former officers and members of the Company's Board (collectively, the individual Defendants) for, among other things, breaching their fiduciary duties to the Company and its stockholders by intentionally or recklessly making or permitting the dissemination of materially false and misleading statements and omissions between July 23, 2021 and September 15, 2022, inclusive, regarding, among other things, the true nature of the Company's market competitors and the adequacy of the Company's existing offerings to counter such threats. Throughout the relevant period, the Company and its top executives repeatedly downplayed competition from companies such as Figma, which offers a web application allowing multiple users to view and edit user interfaces, and misleadingly suggested that Adobe's existing offerings, including its "Express" application, were adequate to counter any harms the Company may have otherwise faced due to Figma's growing market position. The Company also concealed that its own user-interface design app, "XD," was failing to gain traction with customers. Additionally, in breach of their fiduciary duties, the Individual Defendants caused the Company to fail to maintain adequate internal controls, says the suit. The Plaintiff is and has been a continuous shareholder of Adobe common stock since August 2015. Adobe Inc., formerly Adobe Systems Incorporated, is an American multinational computer software company incorporated in Delaware and headquartered in San Jose, California.[BN] The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Gina M. Serra, Esq. Herbert W. Mondros, Esq. RIGRODSKY LAW, P.A. 300 Delaware Avenue, Suite 210 Wilmington, DE 19801 Telephone: (302) 295-5310 Facsimile: (302) 654-7530 E-mail: sdr@rl-legal.com gms@rl-legal.com hwm@rl-legal.com - and - Joshua H. Grabar, Esq. GRABAR LAW OFFICE One Liberty Place 1650 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (267) 507-6085 AIDS HEALTHCARE: Faces Class Action Over Squalid Conditions ----------------------------------------------------------- Liam Dillon, Doug Smith and Benjamin Oreskes, writing for Los Angeles Times, report that a Times investigation has found that many of the AIDS Healthcare Foundation's more than 1,300 residents live in squalid conditions, with dozens under the threat of eviction. LOS ANGELES -- After her eviction, Alisha Lucero returned to her apartment to find her belongings thrown away. Gone were Lucero's passport and her recently deceased brother's high school letter jacket. Lucero said she couldn't get into her car because her landlord, the AIDS Healthcare Foundation, had trashed her keys. She was wearing the only clothes she had left. For the next two years, Lucero lived on the streets where she said she was raped and beaten while her mental health spiraled. At times, Lucero slept in a tent steps from her former residence, the Madison on Skid Row. "What they did to me was unjust, was brutal, was inhumane," said Lucero, 44, speaking about her eviction. "They literally ruined my life." The foundation evicted Lucero and scores of other tenants in disputes over unpaid rent. At the same time, it was making public statements about the dangers of forcing people from their homes. On social media during the COVID-19 pandemic's darkest days, the foundation put the stakes bluntly. "Evictions kill," the foundation said. Such contradictions between the AIDS Healthcare Foundation's vocal pro-tenant advocacy and the harsh conditions depicted by its residents have characterized the charity's six-year foray into providing housing. With $2.2 billion in annual revenues drawn largely from its pharmaceutical business, the Los Angeles-based global AIDS nonprofit has transformed itself into one of the nation's most prolific funders of tenants' rights campaigns and one of Skid Row's biggest landlords. Under the direction of co-founder and President Michael Weinstein, the foundation has spent more than $300 million sponsoring rent control ballot initiatives in California and buying apartment complexes across the country, including more than a dozen in Los Angeles, mostly old single-room occupancy hotels. At rallies, protests and news conferences, in newspaper advertisements and on social media, the foundation has billed itself as a white knight in the battle against homelessness. It pledged to manage its portfolio of properties at a fraction of the cost of government-subsidized projects. "Elected officials would be wise to replicate AIDS Healthcare Foundation's urgent, cost-effective model to build more low-income and homeless housing," the foundation said on social media last year. "Lives hang in the balance." But a Times investigation has found that many of the foundation's more than 1,300 residents live in squalid conditions with dozens under the threat of eviction. Roaches and bedbugs infest rooms. Electricity, heating and plumbing systems fail. Elevators malfunction. Code enforcement and public health complaints at foundation buildings are more than three times higher than those owned by other Skid Row nonprofits. Meanwhile, the foundation has evicted tenants over debts of just a few hundred dollars, eviction records show, while suing nearly 70 others for back rent in small claims court. In a statement to The Times, foundation General Counsel Tom Myers said the organization has spent tens of millions of dollars renovating and repairing its properties. Myers said the foundation has increased occupancy by nearly 200%, meaning almost 1,000 people are off the streets that otherwise wouldn't have been. The foundation's problems, he said, are similar to those faced by other Skid Row landlords: operating old buildings while serving a troubled tenant population without sufficient support from the city. The foundation did not provide answers to a detailed list of questions from The Times. "The perfect cannot be the enemy of the good," Myers said. "Six people die on the streets of Los Angeles every day." The Times reporting is based on interviews with nearly 30 current and former AIDS Healthcare Foundation residents, more than a half-dozen visits inside foundation properties, accounts from former employees and thousands of local housing department, code enforcement, public health, public safety, coroner and court records. The Times also reviewed more than a year of foundation emails, incident reports and other internal records detailing its housing programs. The picture that emerges is of a well-funded organization struggling with the contradictions and burdens of simultaneously trying to serve as tenant advocates and provide non-subsidized housing on Skid Row without prior experience in the field. Within foundation buildings, this has led to disregard and disorder. One tenant's dog was scalded to death after a radiator exploded. A legally blind tenant fell more than 12 feet down an open elevator shaft. A third resident nearly died after he was shot in his doorway, an incident that led to an attempted murder charge against a fellow tenant whose documented history of violence had earned him the nickname "Killa." In October, a Times reporter observed eviction notices posted on 14 residents' doors on just one of the six floors in the foundation's Baltimore Hotel. And while the foundation has praised a new city law that requires landlords to disclose such notices publicly, saying it helps " spot disturbing eviction trends," the charity hasn't reported any from the Baltimore, city housing department records show. Many residents, especially in the Baltimore and other Skid Row properties, have severe disabilities, drug addiction and mental health problems. Fifty people have died in foundation buildings, according to coroner reports, with drug use the most frequent cause. Unlike other nonprofit landlords who rely primarily on government subsidies, the foundation doesn't provide its tenants with counseling or other supportive services, citing the cost. Instead, with the exception of two smaller buildings outside Skid Row leased to service providers, the foundation encourages residents to seek outside help. This approach has left gaps in care. Two years ago, when foundation employees raised alarms about tenants' suffering, executives declined their requests to offer more assistance. Carlos Brum, who had been diagnosed with post-traumatic stress and anxiety before moving into the Baltimore in 2019, said his mental health has deteriorated amid violence, outbursts from neighbors, vermin and plumbing failures. "Living here, I have never felt so subhuman in my life," said Brum, 44. "It never gets better. It only gets worse. I'm sick of it." Weinstein, a 71-year-old New York City transplant, started the foundation in 1987. Now headquartered on the 21st floor of a Hollywood high-rise, it's become the world's largest AIDS nonprofit, with clinics and advocacy programs in 45 countries and 1.9 million patients under its care. Angelenos drive by the charity's billboards promoting testing for sexually transmitted infections and condom distribution that have warned "Gonorrhea Alert!" "Syphilis Explosion" and, most recently, "Just Use It" above a condom unfurled on a banana. Using a special federal program for healthcare organizations that serve indigent populations, the foundation is able to buy HIV/AIDS drugs at a steep discount and charge insurance companies the full price when dispensing them to patients. Financial statements show the foundation's network of 62 pharmacies earned $1.9 billion of the charity's $2.2 billion in total revenue last year, making it larger than health nonprofits such as Planned Parenthood and the American Heart Assn. These bountiful coffers allowed Weinstein to expand the foundation's mission. Weinstein has long argued that real estate capital and luxury developments were destroying Los Angeles neighborhoods by displacing residents. Six years ago, the foundation started a tenant advocacy group called Housing Is a Human Right and launched statewide political campaigns. In 2018 and 2020, the foundation poured a combined $64 million into ballot measures to expand rent control across California, campaign finance records show. Opponents, largely corporate landlords, dropped $160 million to defeat the efforts, winning each time by 20 percentage points. The foundation is now sponsoring a third initiative for the 2024 ballot. In 2017, the foundation began buying single-room occupancy hotels, motels and small apartment complexes. Weinstein, often critical of the city's slow, bureaucratic response to homelessness, said he would house people faster and more cheaply. The foundation charged some of the lowest unsubsidized rents in Los Angeles: around $400 a month for its century-old, single-room occupancy hotels on Skid Row. Part of its pitch was that, unlike government agencies and other nonprofits housing low-income tenants, the foundation would focus on renovating properties rather than building new ones, which can take years and exceed $1 million per unit to construct. "Our idea at the AIDS Healthcare Foundation has always been not just to tell them but to show them," Weinstein said at a 2018 panel hosted by U.S. Sen. Bernie Sanders (I-Vt.), a longtime ally. Under the banner of the Healthy Housing Foundation, the nonprofit has spent $178 million snapping up 15 properties in Los Angeles, now managing nearly 1,500 units with an additional 467 under development. The foundation's footprint extends outside L.A., with an additional $66 million spent on buildings in Georgia, Florida, New York and Texas. The charity's tenant rights arm touts the renovation model, calling it a "massive success" in a December 2022 post on its website. When the foundation opens its properties, it publicizes the installation of laminate flooring, fresh coats of paint and other upgrades. It does not mention what city, county and internal records show: broken plumbing, faulty electrical systems and elevators and pest and mold infestations. Circumstances are the worst in the Baltimore, King Edward and Madison, three single-room occupancy hotels on Skid Row that were among the foundation's first purchases. All are about 100 years old -- the King Edward has 150 rooms, the Baltimore and Madison each have around 200 -- with most residents sharing common bathrooms on each floor. "The buildings were terrible, absolutely terrible," said Julia Coy, a former employee who worked daily in the three properties. "Like inhumane conditions. People's units were falling apart." In late December 2021, the heat had been out all week in the King Edward when Blaine Heffron got ready to drive overnight for Lyft. He poured bottled water into a bowl for his 2-year-old pit bull, Caya -- the building's chalky tap water wasn't good enough for his beloved rescue dog -- and settled her in her crate. The foundation had been working on repairs to the building's boiler. While Heffron was gone, the radiator in his room exploded, filling the room with blistering steam and killing Caya in her crate, according Heffron and a Fire Department incident report. Upon returning, Heffron couldn't face the scene and was temporarily relocated elsewhere in the King Edward. It took four days for Caya to be removed, text messages between Heffron and a property manager show. In the interim, Heffron reluctantly went into his room to see whether any possessions were salvageable. Sitting on his still-sopping mattress with tears streaming down his face, Heffron said he stared at Caya's body and apologized over and over again. "I felt like I was robbed of time with my best friend," said Heffron, 36. "It just sickens me." Heffron hasn't received compensation for what happened. He's considered taking the foundation to court but felt intimidated. When Heffron fell behind on rent earlier this year, the foundation taped a notice to his door threatening to evict him. "I don't know what I'm doing, and I know I'm going up against a multibillion-dollar organization," he said. The foundation did not respond to questions about Caya's death or other specific habitability issues in its buildings. According to Myers and court filings, it's poured nearly $30 million into renovations and repairs. Some, the foundation said in court filings, have taken time to complete because of difficulties finding replacements for century-old parts and delays caused by permitting and the COVID-19 pandemic. In several buildings, the rate of city code complaints increased after the foundation bought them, a Times data analysis shows. The most extreme of those, the King Edward, had only six complaints in the five years before the foundation purchased it in 2018, but drew 32 in the five years after. Complaints, which typically come from aggrieved tenants, don't always result in violations. But at the King Edward inspectors have found exposed electrical wiring, painted-over fire sprinklers, missing smoke detectors and inoperable doors and windows. Internal foundation photos from 2020 show a private bathroom covered in what appears to be black mold. Sworn declarations in a class-action lawsuit over conditions at the Madison describe nests of cockroaches filling rooms, hallways and communal bathrooms and feral cats roaming the property. One tenant said after his neighbor died in 2019, maggots came through a hole in the wall. Plumbing is among the buildings' biggest problems. The Madison has had at least five failures so severe that water cascaded down the hallways and stairwells, said Mark Dyer, the foundation's top real estate executive, in a recent deposition from the class-action case. Dyer blamed residents for the flooding, saying in one instance an angry tenant poured powdered concrete down their sink and then turned on the faucet, filling the pipes with cement. A video taken by a resident shows a similar internal flood at the Baltimore last summer. Brum said the water in the Baltimore has been shut off at least 30 times since September 2022 when he began collecting notices management posts. When that happens, residents are forced to defecate in wastebaskets in their rooms and then, he said, take "the walk of shame" to deposit their feces in hallway trash rooms. Brum has worked as a Crypto.com Arena vendor and said co-workers complained about how he smelled. "Do you know how belittling that was?" said Brum, who is lead plaintiff in a pending class-action lawsuit over conditions at the Baltimore. "I am doing the best with what I have to work with. How are we supposed to improve our circumstances when they're cutting off some of the most basic tools: running water?" Myers, the foundation's general counsel, did not answer questions about conditions at the Baltimore, but in court filings the foundation has asked a judge to throw out Brum's suit. At the Madison, the foundation says it's invested more than $7 million into upgrading the electrical and plumbing systems, replacing the boiler, installing security cameras and adding dumpsters. "The Madison does not claim to be immune to issues that are to be expected in a 100-year-old building," a foundation attorney said in a September filing in the Madison class action. Myers cited depositions where city inspectors say the foundation responds to tenant complaints and refer to the Madison as "decent" and "safe." Robert Galardi, the head of the city's code enforcement division, said in a deposition that he believed the foundation had improved conditions within the Madison. But he said the foundation's inexperience shows, with repeated stumbles complying with permitting rules and managing newly housed tenants because it doesn't provide social services. "I don't believe that they were prepared to deal with those extra attentions that these folks needed for moving off the street and into the buildings," Galardi said. Crime statistics show serious incidents becoming more frequent at the Baltimore, King Edward and Madison after the foundation bought them, far exceeding a general rise in crime reported on Skid Row at the same time, a Times analysis of Los Angeles Police Department data found. More than 100 assaults, batteries and robberies were reported at the building addresses, the data showed, an average of more than seven per year at the sites. That was more than twice the rate in the years before the foundation's ownership. This year, journalism students at Cal State Los Angeles also reported on problems with crime within foundation buildings -- as well as habitability and accessibility issues -- for nonprofit news website Knock L.A. Dyer said in a deposition from the Madison class action that any crime issues reflect broader problems on Skid Row and that he believed police were called to the building far less than surrounding properties. Several tenants interviewed by The Times said the foundation has ignored havoc caused by violent residents, leading, at least once, to tragic consequences. After moving into the Madison in fall 2020, Omar Deayon gained a reputation for selling drugs and intimidating others, according to internal records made available through a lawsuit against the foundation. Security footage shows Deayon, 51, brandishing a gun in a hallway. He also threatened a fellow tenant with a butcher knife in the lobby, according to an incident report. Another incident report describes Deayon tossing a chair and threatening to shoot a foundation employee. In spring 2021, property managers listed him as one of their most aggressive and violent residents, internal foundation records show. For all this, according to the lawsuit and tenant interviews, Deayon was nicknamed "Killa." Throughout summer 2022, Deayon's across-the-hall neighbor James Ellis told property managers that he couldn't sleep because of Deayon's loud music and guests, according to internal incident reports. Just before midnight on July 26, Ellis again asked Deayon to quiet down. Security footage shows what happened next. A hand with a gun extended from Deayon's door, shooting Ellis, who fell into his room. Deayon immediately entered the hallway, gun in hand, while a woman, obviously shaken, ran from his room. Ellis, 62, survived but still can't work. He now spends much of his days sitting in his same room, stressed. "I ain't got nowhere else to go," Ellis said. The bullet remains lodged in his back. Deayon has pleaded not guilty to attempted murder charges and is being held in Men's Central Jail on $1.2-million bail. In a jailhouse interview, Deayon denied shooting Ellis and cited his own mental illness and the building's conditions for his problems while living there. Ellis sued the foundation for negligence. Foundation attorneys say in court papers they intend to file cross-complaints against Deayon and the Los Angeles County Sheriff's Department. They contend that they secured an eviction judgment against Deayon a month before the shooting but deputies did not lock him out because the paperwork "supposedly contained a clerical error" that was later fixed. In a subsequent filing, the foundation clarified that the "clerical error" involved an outside attorney filing Deayon's eviction lawsuit on the wrong unit. To be sure, other Skid Row landlords have had severe and, in some cases, worse conditions in their buildings. The neighborhood's largest landlord, the nonprofit Skid Row Housing Trust, financially imploded earlier this year, leaving nonexistent security, smashed doors and windows, squatters and filthy bathrooms across its 29 properties. A quarter of its 2,000 units became uninhabitable, and the city pursued a receivership to take over the trust's assets. Residents of the Cecil Hotel, a 600-unit single-room occupancy building on Skid Row owned by a for-profit developer, live with mold, vermin and regular acts of violence. But the foundation stands out among L.A.'s homeless housing providers in the frequency of complaints, even compared with the collapsed trust. On average, foundation buildings on Skid Row and in Westlake and Hollywood each have faced nearly eight code or public health complaints or emergency responses annually, according to a Times data analysis. Similar properties operated by the trust had just over two complaints per year, while those owned by other nonprofit landlords Abode, A Community of Friends and SRO Housing Corp. all had annual rates less than two. Some complaints include multiple potential problems. Residents have described 171 instances of safety and sanitation, plumbing, electrical, construction, heating and pest issues within 118 code complaints at the Baltimore, King Edward and Madison. Troubles extend beyond those buildings. At the Olympic, a 172-unit complex in Westlake, code complaints have more than doubled since it was acquired last year. In September, hot water was out in the building for more than two weeks, according to the city housing department. There's a pending habitability lawsuit over conditions at the Sinclair, a 190-room building also in Westlake, while internal foundation records consistently show electrical failures at the Whitley, a 61-unit property in Hollywood, in 2021. Residents told foundation staff that the Whitley was losing power 10 to 20 times daily, sometimes lasting almost the entire day. One said the building would lose power whenever he turned on his microwave. Tenants complained that their groceries were spoiling. Dyer said in an internal email that he sympathized with the residents but nixed an employee's suggestion to hand out supermarket gift cards as compensation. "Food can last up to 24 hours in a fridge with no power," Dyer wrote. Foundation officials knew the Whitley needed electricity upgrades before occupying the building, according to emails between a construction manager and the Los Angeles Department of Water and Power. But the manager blamed the public utility for delaying repairs. It's one of many times that foundation executives have pointed at others for problems. Besides the Ellis case, the foundation has filed cross-complaints in different lawsuits, including two against the Madison's prior owner, Kameron Segal, alleging he failed to disclose the building's true conditions. Segal could not be reached for comment. Myers accused Annette Harings, an attorney representing foundation tenants in the Madison class action and six other cases filed since 2019, of exaggerating the building's problems. Harings referred comment to Jennifer Kramer, her co-counsel in the class action, who said the lawsuit aims to ensure the Madison is safe and accessible. Foundation executives also blamed the city and public utility in cross-complaints over conditions at the Madison, notably issues with its elevator. In all six years the foundation has owned the Madison, the elevator has been out of service frequently, sometimes going offline for months at a time. Residents, many of whom are elderly and disabled, have slept in the lobby, paid others as much as $40 a trip to carry them to their rooms or remained trapped upstairs in the five-story building, according to interviews and court declarations. A 66-year-old legally blind tenant was hospitalized in 2018 after plummeting more than a dozen feet down an open shaft when the elevator door opened without the cab present. Weinstein acknowledged in an early 2020 interview that tenants had reason to be upset. But he said that the city and utility had " 100% of the responsibility " for the elevator failures, alleging they were dragging their feet on permitting. Last December, the foundation received $100,000 in a settlement with the public agencies. Two months later, the foundation settled the elevator lawsuit, paying 13 tenants $832,000 and additional undisclosed amounts to four others. At the time, the foundation had just agreed to more repairs, part of $600,000 Weinstein said the foundation had committed to elevator upgrades. But the elevator is still out of service once a week for a day at a time or longer, tenants said. In August, they said the elevator was inoperable for three weeks and cordoned off with yellow caution tape only to be restored to its similar cadence of outages. One morning in October 2019, three AIDS Healthcare Foundation activists marched into Los Angeles City Hall demanding the City Council curb evictions. "We have enough homelessness," one said. That same day, a foundation attorney filed an eviction lawsuit against a Madison tenant for overdue rent. The episode provides a stark example of the foundation fulminating against forcing people from their homes while pursuing evictions against its own residents. The foundation has picketed the offices of a high-profile L.A. eviction attorney and paid legal costs for hundreds of tenants at a West L.A. apartment complex fighting against a mass eviction. "Eviction makes it hard for families to find decent housing in safe neighborhoods & has negative impacts on health, employment, education," the foundation's tenant activist group said on social media in 2021. In June 2018, less than a year after buying properties on Skid Row, the foundation secured its first eviction judgment against a King Edward tenant who owed $461. From then until the pandemic began in early 2020, 51 other residents at foundation buildings lost eviction cases, according to court records. Of those evictions, 45 were for overdue rent, court records show, including one over a $200 debt. Three of the other judgments were against resident managers who lost their homes when they lost their foundation jobs. Three others were against tenants who the foundation said had acted violently and the remainder for a tenant who had unauthorized occupants. The foundation has pursued far more evictions than these. California law typically shields eviction lawsuits from public view unless a landlord wins a judgment. But records made available as part of the Madison class action reveal the foundation filed 73 eviction cases against the building's tenants between mid-2018 and early 2020 -- nearly double the number of judgments from the Madison that appear on the public docket. Lucero, the Madison tenant who was evicted in fall 2018, said she had an agreement with the prior owner to serve as a building manager in exchange for living in two adjacent units rent free. The foundation won an eviction judgment against her for nonpayment for one of the units. Months later, it had her arrested for trespassing when she was continuing to reside in the other, after which her belongings were thrown away. Lucero sued the charity. In court filings, the foundation maintains she had sufficient time to collect her possessions and it did not discard them unlawfully. Lucero settled the case earlier this year receiving an undisclosed amount higher than $10,000, court records show. The foundation says it offers assistance to those who are behind on rent before filing eviction lawsuits, but ultimately needs its tenants to pay. "In order to make the project financially viable and build self-sufficiency, we exercise tough love on paying the rent," Weinstein told The Times in 2020 when asked about evictions at the Madison. Because rent revenues are so low, the foundation has had to spend $15.4 million subsidizing building operations across its portfolio, Myers said. Myers said that most evictions "were of tenants who paid little to no rent despite having the ability to do so." "Tenants who pay nothing are taking away the opportunity to have stable housing from those who pay rent," he said. "AHF's model of housing thousands of low-income tenants is only sustainable if AHF's extremely low rents are paid." Nevertheless, Shamine Robinson, who was evicted with her three children in a dispute over rent in early 2020, says her situation reveals the foundation's hypocrisy. "You can't talk about how bad evictions are, but then be handing people out one," said Robinson, who was living at Sunrise on Sunset, a 37-room converted motel in Hollywood. Robinson said she wasn't aware she had formally been evicted until informed by a Times reporter. She said her family had left the property voluntarily after receiving an initial notice. Robinson struggled to find a new apartment, and after learning of the eviction on her record believed that was the cause. "Having the eviction notice," she said, "that's not a short-term thing, that's long-term." When the COVID-19 pandemic struck in spring 2020, local, state and federal authorities prohibited evictions for tenants who were behind on rent for pandemic-related reasons. Rent collection slowed, and the foundation used its retail and tenant organizing operations to recoup some of the losses. The foundation runs a chain of thrift stores called Out of the Closet, and it set up a program for its tenants to sort and hang merchandise. Beforehand, residents agreed to forego a paycheck, and instead, every hour of work they put in would knock $15 off their rent debt, according to a copy of the contract they signed. Much of the foundation's tenant advocacy through the pandemic centered on its support for rental assistance. It published a full-page advertisement in The Times warning of mass evictions statewide should that money not come. And it held news conferences calling for public dollars alongside elected officials, including Los Angeles City Councilmember Kevin de León, who represents Skid Row and who the foundation previously employed as a housing consultant. Ultimately, the foundation received more than $1.5 million from pandemic rental debt programs through February, a property manager said in a court hearing that month. While landlords weren't allowed to evict for overdue rent accrued during the pandemic, they could sue tenants in small claims court. The foundation has filed 69 such cases since last December, court records show. Among those targeted for back rent was Ellis, the Madison tenant who was shot and separately sued the foundation over the incident. While Ellis' lawsuit remains pending, the foundation won a small claims judgment against him in July for $2,490. Living on the sixth floor of the Baltimore, John Carter, 72, suffers from memory loss, dementia, depression, bipolar disorder and mania. He's addicted to crack cocaine. He's incontinent and blind in one eye. Arthritis afflicts his knees and ankles. Even when the hot water is working, Carter said, it leaves a milky residue, and he struggles up the stairs when the elevator is out. Because of the conditions in the Baltimore, Carter said he doesn't believe he should have to pay rent. But if he must, he's told the foundation it can take money directly from his Social Security check. "I told them to put me into money management," Carter said. "I told them I was into drugs. It's not that I'm trying to deceive anyone." Instead, last December the foundation served him with a small claims lawsuit. In February, Carter ventured to a downtown courthouse in an electric wheelchair and explained his predicament to a judge. The judge said it was obvious Carter was indigent and infirm, but ultimately ordered him to pay $8,873 in back rent. She also told the foundation property manager that its social workers should schedule a doctor's appointment for a hernia Carter complained about during the hearing. The foundation didn't help Carter find a doctor, he said. It doesn't employ social workers or offer social services for its tenants, including those, like Carter, with mental health and addiction problems. Not providing these services, the foundation has said, was a financial choice that allows the charity to purchase more properties than it otherwise could. This strategy, it argues, best responds to the need for housing on Skid Row and in other neighborhoods with high rates of homelessness. "Costs would spiral out of control if AHF also provided services, such as mental health services," the foundation wrote in an unsigned defense of its approach in 2022 published on its website. In general, this leaves foundation tenants responsible for finding their own supportive services. The foundation calls what it does "housing first," referring to efforts that give homeless residents a permanent home without requiring sobriety or other preconditions. Myers said housing first "is a tried-and-true housing policy that has been successful across the country and around the world." But the foundation isn't practicing "housing first" under federal and state guidelines, because the definition includes access to services. Decades of researchshow that housing-first programs pairing permanent housing with robust social services keep chronically homeless residents with serious mental health and drug problems housed. Models that serve the same population without services tend to fail, said Margot Kushel, a doctor and professor of medicine at UC San Francisco and director of the school's Benioff Homelessness and Housing Initiative. "Plenty of folks who've been homeless a long time just need an apartment," said Kushel, who published a study on California's homeless population this year. "But when you're putting people who have severe mental health and substance-use disorders into apartments, somebody needs to provide these services." Without them, buildings could devolve into disorder with high rates of eviction, property damage and death, she said. Over the last six years, 20 people have died at the Madison, including three over three days last fall, according to coroner records. The records show 50 deaths in all foundation buildings, nearly half listing drug toxicity as the primary cause with another third caused by heart-related illness. The lack of services has degraded quality of life for those without mental health or drug problems as well. "The people who have themselves together in these buildings feel like baby-sitters," said Mariah Darling, 37, who lived for six months in 2021 in the Pride Hotel in East L.A. The strain of helping distressed tenants and calling 911 on those who were violent or acting out took its toll, she said. Another resident, she said, groped her and exposed himself while she showered in a communal bathroom. Darling eventually left and moved back in with family. The foundation has leased two of its smaller properties, one in Van Nuys and one in East L.A., to nonprofits that provide interim housing with social services. Last year, the foundation attempted to lease an additional 235 units in four other buildings to tenants who had case managers through a program arranged by People Assisting the Homeless, or PATH, one of the region's largest service providers. Over the summer, however, PATH terminated the contract and the foundation has since sued PATH claiming a breach. PATH officials declined to comment, citing the litigation. The foundation also employs workers to connect tenants with outside services. But when those workers pushed to provide residents with more assistance two years ago, executives rebuffed their attempts. Coy, the former employee, started in late 2020 as part of a three-person team who helped residents secure identification cards, apply for government benefits and find therapists and drug rehab programs. Sometimes, she faced emergencies. Once, in spring 2021, Coy said she intervened in a tenant's attempt to strangle himself, her fingers turning purple as she prevented him from tightening an extension cord around his neck. Over the next two weeks, Coy said she and her boss, Karla Leiva, cared for the tenant's dog in their homes until he returned from the hospital. "I'm not going to put his dog in a shelter when he just tried to commit suicide," Coy said. By the time of that incident, Leiva had been arguing for months that arranging more services for residents was the only humane way to address the suffering within the foundation's buildings, according to records from subsequent litigation between Leiva and the foundation. "If we do not want to go this route then we need to rethink who we want to serve because we are setting people up to fail," she wrote in a June 2021 email to Weinstein and other foundation executives. But foundation leaders said they believed Leiva's attempts to offer greater care were too time-consuming and distracting to property managers and security guards, none of whom were trained to handle tenants' social service needs, according to a court declaration from Liliana Zoldi, the foundation's director of human resources. "Those efforts took a lot of time, sometimes hours per day for just one tenant," Zoldi said. "The efforts mostly failed, in my opinion." Also that June, according to Coy and internal emails, the foundation's top property manager instructed her to pull back on connecting tenants with healthcare. Instead, he wanted her to focus on the foundation's bottom line: getting residents to apply for rental assistance or work off their debts at its thrift stores. Soon after, the foundation fired Leiva and put the top property manager in charge of Coy and her colleague. Coy quit, convinced that Weinstein and other executives were ignoring residents' needs "They envisioned this idea of just handing someone a pamphlet and telling them to go off and go access the resource," Coy said. "That's really not possible. It just showed a lack of awareness of what tenants were dealing with." In the summer, with pandemic protections expiring, the foundation again began evicting residents who were behind on rent. The first successful case, court records show, was against a Baltimore tenant who owed more than $17,000. But the resident, who has been diagnosed with paranoid schizophrenia, didn't know he was being evicted, according to court documents filed by the tenant's mother. She said she found the paperwork months after it had been filed while cleaning his room. In September, the mother pleaded for mercy, telling a judge her son would be forced to the streets. She said his mental health would worsen and offered to begin making payments on his debt. But the judge said she wasn't party to the case and declined her request. During the hearing, a foundation attorney emphasized that the charity did not provide residents with mental health services, adding that the tenant owed too much to let him remain housed. "Perhaps the defendant needs to find a better place," the attorney said. [GN] AQUILA SERVICES: Barnett Sues Over Unpaid Wages, Retaliation ------------------------------------------------------------ KYLE BARNETT, an individual, LUKE MIEDERHOFF, an individual, MICHAEL BILLADEAU, an individual, and DAMONTE COUCH, an individual, Plaintiffs v. AQUILA SERVICES CORP, d/b/a Denver Metro Protective Services, Defendants, Case No. 1:23-cv-03039 (D. Colo., Nov. 16, 2023) is a class action brought by the Plaintiffs, on behalf of themselves and others similarly situated employees, against the Defendants for alleged violations of the Fair Labor Standards Act, the Colorado Wage Claim Act, the Colorado Minimum Wage Act, and the Colorado Overtime and Minimum Pay Standards Orders. During Plaintiffs' employment with the Defendants, they were not paid for all compensable hours, were not paid overtime pay despite regularly working more than 40 hours a week, encountered late pay and/or bounced checks, and were not provided meal and break times as provided for by law, says the suit. Plaintiff Billadeau further alleges that Defendants violated the anti-retaliation provisions of the FLSA and/or CWCA by terminating him in response to his complaints regarding his employer's wage and hour violations. The Plaintiffs worked as security officers for the Defendants. Aquila Services Corp. provides security guard and patrol services.[BN] The Plaintiffs are represented by: Joseph W. Galera, Esq. ANDERSONDODSON, P.C. 14143 Denver West Pkwy. Suite 100-50 Golden, CO 80401 E-mail: jgalera@andersondodson.com - and - Penn A. Dodson, Esq. ANDERSONDODSON, P.C. 11 Broadway, Suite 615 New York, NY 10004 Telephone: (212) 961-7639 E-mail: penn@andersondodson.com ASCENSION MICHIGAN: Cross Appeals Albright Suit Settlement Approval ------------------------------------------------------------------- SHANNON CROSS, et al., interested parties, are taking an appeal from a court order granting the Plaintiff's motion for settlement in the lawsuit entitled Karen Albright, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. Ascension Michigan, et al., Defendants, Case No. 1:22-cv-00638, in the U.S. District Court for the Western District of Michigan. As previously reported in the Class Action Reporter, the Plaintiffs filed a four-count complaint against the Defendants for alleged violations of Title VII of the Civil Rights Act of 1964 and Michigan's Elliott-Larsen Civil Rights Act. The Plaintiffs later filed a First and Second Amended Complaint. In each complaint, the Plaintiffs alleged that Ascension and its various related entities unlawfully denied their religious accommodation requests and retaliated against employees who sought religious exemptions from Ascension's COVID-19 Vaccination Policy. The Plaintiffs claimed that they were suspended or forced to resign. On Sept. 21, 2023, Plaintiff Karen Albright filed a motion for settlement, which the Court granted through an Order entered by Judge Jane M. Beckering on Oct. 6, 2023. On Nov. 2, 2023, the Court entered final order and judgment. The Court concluded that the settlement is fair, reasonable, and adequate, and that all requirements for approval of the settlement under Fed. R. Civ. P. 23 have been met. The appellate case is captioned Karen Albright, et al. v. Ascension Michigan, et al., Case No. 23-2019, in the United States Court of Appeals for the Sixth Circuit, filed on November 16, 2023. [BN] Plaintiffs-Appellees KAREN ALBRIGHT, et al., on behalf of themselves and all others similarly situated, are represented by: Noah Sklar Hurwitz, Esq. HURWITZ LAW 340 Beakes Street, Suite 125 Ann Arbor, MI 48104 Telephone: (734) 645-5263 Interested Parties-Appellants SHANNON CROSS, et al. are represented by: William Bock, III, Esq. KROGER, GARDIS & REGAS 111 Monument Circle, Suite 900 Indianapolis, IN 46204 Telephone: (317) 692-9000 Defendants-Appellees ASCENSION MICHIGAN, et al. are represented by: Elyse K. Culberson, Esq. JACKSON LEWIS 2000 Town Center, Suite 1650 Southfield, MI 48075 Telephone: (248) 936-1900 - and - Patricia Anderson Pryor, Esq. JACKSON LEWIS 201 E. Fifth Street, 26th Floor Cincinnati, OH 45202 Telephone: (513) 898-0050 ASHLEY FURNITURE: Floyd Class Suit Removed to W.D. Wash. -------------------------------------------------------- The case styled as ALEXANDER FLOYD, individually and on behalf of all others similarly situated, Plaintiff v. ASHLEY FURNITURE INDUSTRIES, LLC a foreign limited liability company doing business as ASHLEY FURNITURE INDUSTRIES, INC.; ASHLEY GLOBAL RETAIL, LLC, a foreign limited liability company doing business as ASHLEY; ASHLEY PACIFIC NORTHWEST, LLC, a foreign limited liability company; and DOES 1-20, Case No. 23-2-19765-8-KNT, was removed from the Superior Court of Washington State for King County to the United States District Court for the Western District of Washington, Seattle on November 16, 2023. The Clerk of Court for the Western District of Washington assigned Case No. 2:23-cv-01756 to the proceeding. The complaint purports to seek relief from Defendants related to Washington's Equal Pay and Opportunity Act, Washington Revised Code 49.58.110, requiring certain disclosures in job postings. Specifically, the complaint seeks (1) damages for alleged violations of RCW 49.58.110; (2) injunctive relief; and (3) declaratory relief. Ashley Furniture Industries, LLC is an American home furnishings manufacturer and retailer.[BN] The Defendants are represented by: Matthew J. Macario, Esq. Catharine Morisset, Esq. Ryan R. Jones, Esq. FISHER & PHILLIPS LLP 1700 7th Avenue, Suite 2200 Seattle, WA 98101 Telephone: (206) 682-2308 Facsimile: (206) 682-7908 E-mail: mmacario@fisherphillips.com cmorisset@fisherphillips.com rjones@fisherphillips.com AUTONOMY PRODUCTIONS: Ramirez Labor Suit Removed to C.D. Cal. ------------------------------------------------------------- The case styled MELISSA RAMIREZ, individually and on behalf of all others similarly situated, Plaintiff v. AUTONOMY PRODUCTIONS, LLC, a Delaware Limited Liability Company, HOME BOX OFFICE, INC., a Delaware Corporation; Noreen O'Toole, an individual; and DOE 1 through and including DOE 10, Defendants, Case No. 23STCV24984, was removed from the Superior Court of the State of California for the County of Los Angeles to the United States District Court for the Central District of California Western Division on November 17, 2023. The Clerk of Court for the Central District of California assigned Case No. 2:23-cv-09782 to the proceeding. In the complaint, Plaintiff alleges, on behalf of herself and all others similarly situated, six total causes of action, five of which are for various violations of the California Labor Code, and one for "Unfair Competition" under the California Business & Professions Code. Autonomy Productions, LLC is a Delaware Limited Liability Company, which at all times relevant herein, conducted business within the County of Los Angeles, State of California.[BN] The Defendants are represented by: Adam Levin, Esq. Stephen A. Rossi, Esq. MITCHELL SILBERBERG & KNUPP LLP 2049 Century Park East, 18th Floor Los Angeles, CA 90067-3120 Telephone: (310) 312-2000 Facsimile: (310) 312-3100 E-mail: axl@msk.com sar@msk.com CHURCH OF JESUS CHRIST: Tithing Class Suit May Impact Nonprofits ----------------------------------------------------------------- Tamarra Kemsley, writing for The Salt Lake Tribune, reports that four Utah-based nonprofits, including a charity that provides free dental care and another aimed at reducing child hunger, warn that James Huntsman's federal lawsuit accusing The Church of Jesus Christ of Latter-day Saints of defrauding tithe payers could, if successful, have devastating consequences for nonreligious organizations like them when it comes to fundraising. Together, in a joint amicus brief, AYUDA Humanitarian, Charity Vision, Five.12 Foundation and Thanksgiving Point argue that if the courts side with Huntsman, then nearly all nonprofits, from universities to hospitals, may be guilty of inadvertently misleading donors. Their reasoning: The church's actions (such as investing donated funds) represent industry norms and best practices. And the language Latter-day Saint officials, including a past church president, used to allegedly mislead tithe payers? The brief says those individuals were simply using common industry lingo. Given this, the groups paint a dire scenario if Huntsman prevails -- one in which copycat lawsuits, or even the fear of legal action, could force nonprofits of all stripes to cease fundraising, and, therefore, functioning. "Any nonprofit," they write, ". . . could be sued on the theory adopted by the [appellate] panel -- that the use of 'opaque' or merely imprecise language that might result in misunderstanding may be construed as intentional fraud." A second amicus brief filed by a slate of private religious universities, including LDS Church-owned Brigham Young University-Idaho and BYU-Hawaii, echoed this concern, maintaining that the case "could destabilize higher-education fundraising by subjecting nonprofit institutions to unsupported fraud claims by dissatisfied donors." If Huntsman, a brother of former Utah Gov. Jon Huntsman Jr., wins, the schools warn, these lawsuits could occur "even without any objective misrepresentation by the institution" and "despite the institution following standard practices within the nonprofit industry." To prevent this existential threat, the charities' brief concludes, nonprofit groups would almost certainly end up erring on the side of caution, disclosing as little information as possible in the process of seeking donations. "The result," it reads, "will be less transparency in fundraising, not more." Huntsman, who left the faith in 2020, first brought his case in 2021, arguing that the Salt Lake City-based church "repeatedly and publicly lied" when it said member contributions went toward humanitarian causes and keeping the lights on in chapels. In reality, the church "secretly lined its own pockets," the suit reads, "by using the funds to develop a multibillion-dollar commercial real estate and insurance empire that had nothing to do with charity." A judge tossed out the case later that year, only for an appeals court to resurrect it in August. The latter decision focused on a statement delivered by then-church President Gordon B. Hinckley to a worldwide Latter-day Saint audience in 2003 regarding how the faith was paying to develop the high-end City Creek Center in downtown Salt Lake City. Speaking in April General Conference, Hinckley insisted that tithing dollars "have not and will not be used" for the shopping mall. Rather, he asserted, the funds "have come and will come from those commercial entities owned by the church" and the "earnings of invested reserve funds." What he didn't say was that the initial "invested reserve funds" were tithing. Two 9th Circuit Court of Appeals judges determined that Hinckley not spelling out this detail could, in the eyes of a "reasonable juror," be seen as an attempt to hide the fact that member donations played a part in financing the $1.4 billion development -- albeit indirectly. 'Standard' terminology (Trent Nelson | The Salt Lake Tribune) Funding for development of Salt Lake City's City Creek Center, shown in 2021, is at the center of a fraud lawsuit against The Church of Jesus Christ of Latter-day Saints. The church, which has asked a three-judge panel or the full 9th Circuit to reverse that August ruling and throw out the lawsuit, rejects this argument as do the organizations behind the amicus briefs. "The panel's decision here rests on the assumption that the accurate use of standard nonprofit terminology can be viewed as fraudulent," the charities' brief argues, "because phrases like 'reserves' and 'earnings of reserved funds' may be misconstrued by donors." But, it reads, such terminology is "standard' in the nonprofit industry. As a result, "any nonprofit officer would unlikely define those terms any more explicitly than here when describing the nonprofit's investment and expenditure programs." The question then is: What other nonprofit institutions could this case impact if the courts slap the label "misleading" to what, according to the brief's authors, constitutes common industry jargon. Their conclusion: all of them. "In misconstruing the nature" of the church's statements "about its use of donated funds," they write, "the panel decision invites litigation against every nonprofit who makes any fundraising promise containing terms that could be deemed imprecise, confusing, overly technical or insufficiently defined." Huntsman's lawyers counter that the church "materially misrepresented the source of funding for City Creek." Tax law professor and Latter-day Saint Sam Brunson sees an even more fundamental problem with the Huntsman case and a proposed class action suit filed Oct. 31 against the church -- namely, the confusion between investing and spending donor money. "This whole discourse," Brunson said, "has been really naive over the fact that nonprofits are allowed to invest their money, probably should invest their money and, in fact, do invest their money. They are not separate from but driven by the world of finance." Investment, he said, is not the same as consumption, explaining that "if they're investing in a mall or an insurance company, that's different from spending [donors'] money." A second flaw Brunson sees in the suits brought against the church is the assertion that it is somehow legally bound to use donated money within a certain time frame. He added: "If the church says we use 100% of the money for charity, it doesn't say it does so in the year it was donated." 'It's a balance' Nancy McLaughlin is a professor of charities law at the University of Utah's law school. Speaking more generally about the role of courts in holding nonprofits accountable to donors, she acknowledged the need to consider a range of factors. "You obviously don't want charities to be able to make misrepresentations to donors," she said. That's why laws like the Charitable Solicitations Act, which prohibits the use of untrue statements in connection with fundraising, exist in the first place. "On the other hand," she added, "there may be misunderstandings" that happen even when an organization is trying to be forthright. She concluded: "It's a balance." It's one that Huntsman's legal team says a jury should weigh. [GN] COSTCO WHOLESALE: Clower Labor Suit Removed to E.D. Cal. -------------------------------------------------------- The case styled as JORDAN CLOWER, individually and on behalf of all others similarly situated, Plaintiff v. COSTCO WHOLESALE CORPORATION, a Corporation; and DOES 1-10, inclusive, Defendants, Case No. VCU302227, was removed from the Superior Court of California for the County of Tulare to the United States District Court for the Eastern District of California on November 17, 2023. The Clerk of Court for the Eastern District of California assigned Case No. 1:23-cv-01621-HBK to the proceeding. The complaint asserts eight causes of action: (1) failure to pay minimum and straight time wages, (2) failure to pay overtime wages, (3) failure to provide meal periods, (4) failure to provide rest periods, (5) failure to timely pay final wages at termination, (6) failure to provide accurate itemized wage statements, (7) failure to indemnify employees for expenditures, and (8) unfair business practices. Costco Wholesale Corporation owns and operates a chain of membership warehouses.[BN] The Defendant is represented by: David D. Jacobson, Esq. Lauren S. Schwartz, Esq. SEYFARTH SHAW LLP 2029 Century Park East, Suite 3500 Los Angeles, CA 90067-3021 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 E-mail: djacobson@seyfarth.com lschwartz@seyfarth.com EQT CORPORATION: Files 4th Cir. Appeal in Glover Suit ----------------------------------------------------- EQT CORPORATION, et al. has filed an appeal in the lawsuit entitled William Glover, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. EQT Corporation, et al., Defendants, Case No. 5:19-cv-00223-JPB-JPM, in the U.S. District Court for the Northern District of West Virginia. The nature of suit is stated as Other Contract. The appellate case is captioned William Glover v. EQT Corporation, Case No. 23-2204, in the United States Court of Appeals for the Fourth Circuit, filed on November 16, 2023. [BN] Plaintiffs-Appellees WILLIAM GLOVER, et al., individually and on behalf of all others similarly situated, are represented by: Mark A. Colantonio, Esq. Robert J. Fitzsimmons, II, Esq. Clayton John Fitzsimmons, Esq. Robert Patrick Fitzsimmons, Esq. FITZSIMMONS LAW FIRM, PLLC 1609 Warwood Ave. Wheeling, WV 26003 Telephone: (304) 277-1700 - and - April Dawn Ferrebee, Esq. Marvin Wayne Masters, Esq. MASTERS LAW FIRM, LC 181 Summers Street Charleston, WV 25301 Telephone: (304) 342-3106 Defendants-Appellants EQT CORPORATION, et al. are represented by: David Dehoney, Esq. Lauren W. Varnado, Esq. MICHELMAN & ROBINSON LLP 605 3rd Avenue New York, NY 10158 Telephone: (212) 730-7700 - and - Jennifer J. Hicks, Esq. BABST, CALLAND, CLEMENTS, ZOMNIR, P.C. 300 Summers Street BB&T Square Charleston, WV 25301 Telephone: (681) 205-8888 FLEETWOOD HOMES: Ramos Wage-and-Hour Suit Removed to C.D. Cal. -------------------------------------------------------------- The case styled as LUIS RAMOS, individually, on a representative basis, and on behalf of all others similarly situated, Plaintiff, v. FLEETWOOD HOMES, INC., a Delaware Corporation; CAVCO INDUSTRIES, INC., a Delaware Corporation; and DOES 1 through 20, inclusive, Defendants, Case No. CVRI2305511, was removed from the Superior Court of the State of California for the County of Riverside to the United States District Court for the Central District of California on November 17, 2023. The Clerk of Court for the Central District of California assigned Case No. 5:23-cv-02360 to the proceeding. The Plaintiff's complaint alleges eight causes of action: (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest breaks; (5) failure to reimburse business expenses; (6) failure to timely pay final wages; (7) failure to provide accurate itemized wages statements; and (8) unfair and unlawful competition. Fleetwood Homes, Inc. operates as a housebuilder.[BN] The Defendants are represented by: Aaron H. Cole, Esq. Daniel N. Rojas, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: (213) 239-9800 Facsimile: (213) 239-9045 E-mail: aaron.cole@ogletree.com daniel.rojas@ogletree.com FRAC SPYDER: Brown Sues Over Failure to Pay Proper Overtime ----------------------------------------------------------- JESSIE BROWN, CARLOS BROWN, JEREMY EVANS and VICTOR GARCIA v. FRAC SPYDER, LLC, Plaintiffs v. FRAC SPYDER, LLC, Defendant, Case No. 7:23-cv-00182 (W.D. Tex., Nov. 16, 2023) is a collective action brought by Plaintiffs, on behalf of themselves and on behalf of all persons similarly situated, for declaratory judgment, monetary damages, liquidated damages, prejudgment interest, civil penalties and costs, including reasonable attorneys' fees as a result of Defendant's failure to pay Plaintiffs overtime compensation for all hours worked in excess of 40 hours per week in violation of the Fair Labor Standards Act. The Plaintiffs worked for the Defendant as hourly oil field workers at any time within a three-year period preceding filing of this complaint. Frac Spyder, LLC is a Texas-based petroleum products company.[BN] The Plaintiffs are represented by: Sean Short, Esq. SANFORD LAW FIRM, PLLC Kirkpatrick Plaza 10800 Financial Centre Pkwy, Suite 510 Little Rock, AR 72211 Telephone: (800) 615-4946 Facsimile: (888) 787-2040 E-mail: sean@sanfordlawfirm.com GAK 249 INVESTMENTS: Hazary Seeks Unpaid Straight-Time, OT Wages ---------------------------------------------------------------- Jahidul Haque Hazary, on behalf of himself and all others similarly situated, Plaintiff v. GAK 249 Investments LLC; GAK 529 LLC; GAK Magnolia LLC; GAK Ventures LLC; GRA 249 Investments LLC; GRA Magnolia LLC; GSAR Ventures LLC; HPS Enterprises LLC; Amrik Singh Khinda; and, Harminder Pal Singh, Defendants, Case No. 4:23-cv-04368 (S.D. Tex., Nov. 17, 2023) arises from the Defendants failure to pay straight-time and overtime hours for all hours worked off-the-clock by the Plaintiff and similarly situated individuals in violation of the Fair Labor Standards Act. Plaintiff Hazary was employed by the Defendants at several of their gas stations from March 18, 2022 until November 15, 2023. His job duties included operating the cash register, assisting customers with their purchases of gasoline and other items from their convenience store, assisting customers with their gambling winnings from the electronic gambling machines located at the Gas Stations, and general upkeep of the premises. The Defendants collectively own and operate gasoline stations with convenience stores and gambling operations on their premises, in Texas and Louisiana.[BN] The Plaintiff is represented by: Salar Ali Ahmed, Esq. ALI S. AHMED, P.C. 430 W. Bell Street Houston, TX 77019 Telephone: (713) 898-0982 E-mail: aahmedlaw@gmail.com HHM FACILITY: Alcaraz Labor Suit Removed to S.D. Cal. ----------------------------------------------------- The case styled CECILIA ALCARAZ, on behalf of herself and others similarly situated, Plaintiff v. HHM FACILITY MANAGEMENT LLC, a Missouri limited liability company; and DOES 1 through 50, inclusive, Defendants, Case No. 37-2023-00044371-CU-OE-CTL, was removed from the Superior Court of California for the County of San Diego to the United States District Court for the Southern District of California on November 16, 2023. The Clerk of Court for the Southern District of California assigned Case No. 3:23-cv-02103-DMS-JLB to the proceeding. The Plaintiff has alleged 14 causes of action in her purported class-action complaint. Specifically, she alleges claims under the California Labor Code for failure to pay minimum wages, failure to pay wages and overtime, failure to pay reporting-time pay, failure to provide meal-periods, failure to provide rest periods, failure to pay vacation wages, failure to pay sick time at the regular rate of pay, failure to provide accurate, itemized wage statements, failure to keep payroll records, failure to produce requested employment records, unlawfully removing wages for medical insurance, failure to reimburse for necessary business expenses, and failure to pay all wages due at time of termination or resignation. The Plaintiff also alleges a cause of action for unlawful business practices under California's Business and Professions Code. HHM Facility Management LLC is a property management company in Branson, Missouri.[BN] Defendant HHM Facility Management is represented by: David A. Wimmer, Esq. Allison R. Musante, Esq. SWERDLOW FLORENCE SANCHEZ SWERDLOW & WIMMER A Law Corporation 10877 Wilshire Blvd., Suite 1650 Los Angeles, CA 90024 Telephone: (310) 288-3980 Facsimile: (310) 733-1727 E-mail: dwimmer@swerdlowlaw.com amusante@swerdlowlaw.com HILCO MERCHANT: Corbin Class Suit Removed to D. Mass. ----------------------------------------------------- The case styled CHRISTOPHER CORBIN and RICH SERONICK, individually, and on behalf of all others similarly situated, Plaintiffs v. MARC SALKOVITZ, PAM SALKOVITZ, and HILCO MERCHANT RESOURCES, LLC, Defendants, Case No. 2383-cv-00717, was removed from the Superior Court for the Commonwealth of Massachusetts, in and for the County of Plymouth to the United States District Court for the District of Massachusetts on November 17, 2023. The Clerk of Court for the District of Massachusetts assigned Case No. 1:23-cv-12807 to the proceeding. The Plaintiffs allege claims arising from a bankruptcy that Christmas Tree Shops, LLC filed on May 5, 2023. The Plaintiffs were employed by Christmas Tree, and Defendants Marc and Pam Salkovitz were corporate officers of that former entity. According to the complaint, Christmas Tree defaulted on a loan used for restructuring in late June 2023, and sometime thereafter, obtained approval from the Bankruptcy Court to retain Hilco as a liquidator. The Plaintiffs claim that they and other Christmas Tree employees were promised wages and retention bonuses if they continued to work through a liquidation of Christmas Trees' retail stores, but they were not properly compensated. The Plaintiffs further allege that the Salkovitz Defendants are liable for unpaid wages, which they seek to treble, along with attorneys' fees. The Plaintiffs also allege that all Defendants were unjustly enriched and engaged in negligent misrepresentation. Hilco Merchant Resources, LLC provides analytical, advisory, asset monetization and capital investment services.[BN] Defendant Hilco Merchant Resources LLC is represented by: Steven M. Cowley, Esq. McKenna K. Heath, Esq. DUANE MORRIS LLP 100 High Street, Suite 2400 Boston, MA 02110 Telephone: (857) 488-4200 Facsimile: (857) 488-4201 E-mail: smcowley@duanemorris.com mheath@duanemorris.com HYATT CORP: Ramones Labor Suit Removed to E.D.N.Y. -------------------------------------------------- The case styled as CARLOS RAMONES, individually and on behalf of others similarly situated, Plaintiff v. HYATT CORPORATION; and any other related entities, Defendants, Case No. 615859/2023, was removed from the Supreme Court for the State of New York, County of Nassau, to the United States District Court for the Eastern District of New York on November 16, 2023. The Clerk of Court for the Eastern District of New York assigned Case No. 2:23-cv-08543 to the proceeding. In the Complaint, Plaintiff seeks recovery for: (1) violations of New York Labor Law; (2) violations of New York Codes, Rules and Regulations; and (3) failure to provide notice upon hiring in purported violation of Labor Law. Hyatt Corp. is an American multinational hospitality company.[BN] The Defendant is represented by: Michael D. Kabat, Esq. KABAT CHAPMAN & OZMER LLP 171 17th Street NW, Suite 1550 Atlanta, GA 30363 Telephone: (404) 400-7300 Facsimile: (404) 400-7333 E-mail: mkabat@kcozlaw.com INTERVET INC: Installs Tracking Software on Devices, Aviles Says ---------------------------------------------------------------- JERRY AVILES, individually and on behalf of all others similarly situated, Plaintiff v. INTERVET INC., a Delaware corporation d/b/a WWW.HOMEAGAIN.COM, Defendant, Case No. 23STCV28285 (Cal. Super., Los Angeles Cty., Nov. 17, 2023) arises from the Defendant's violation of the California Invasion of Privacy Act Penal Code by secretly using "pen register" software to access Plaintiff's device and install tracking software. According to the complaint, the Defendant has secretly deployed spyware that accesses visitor devices, installs tracking software, and surveils their browsing habits to learn the identity of anonymous visitors to www.homeagain.com and monetize its knowledge of that visitor and their online habits. As such, Defendant is liable for punitive damages pursuant to Civil Code section 3294, says the suit. The Plaintiff is a consumer privacy advocate who works as a "tester" to ensure that companies abide by the privacy obligations imposed by California law. Intervet Inc. is a division of Merck, one of the largest companies in the United States. It sells pet services throughout California and across the U.S.[BN] The Plaintiff is represented by: Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS A Professional Corporation 4100 Newport Place Drive, Ste. 800 Newport Beach, CA 92660 Telephone: (949) 706-6464 Facsimile: (949) 706-6469 E-mai: sferrell@pacifictrialattorneys.com JELD-WEN INC: Spencer Suit Removed to W.D. Wash. ------------------------------------------------ The case styled as SHANNON SPENCER, individually and on behalf of himself and persons similarly situated, Plaintiff v. JELD-WEN, INC., a foreign profit corporation doing business as JELD-WEN; and DOES 1-20, Defendants, Case No. 23-2-19581-7-KNT, was removed from the Superior Court for the State of Washington, King County, to the United States District Court for the Western District of Washington on November 16, 2023. The Clerk of Court for the Western District of Washington assigned Case No. 2:23-cv-01757 to the proceeding. The Plaintiff seeks to represent a putative class of all individuals who, from January 1, 2023, through the date notice is provided to the Class, applied for a job opening in the State of Washington with Defendant, where the job posting did not disclose the wage scale or salary range for the position. The Plaintiff seeks statutory damages of actual damages or $5,000, whichever is greater, pursuant to Washington Revised Code 49.58.070(1) as well as attorneys' fees, expenses, and costs. JELD-WEN, Inc. is engaged in door and window manufacturing.[BN] The Defendant is represented by: Adam T. Pankratz, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 1201 Third Avenue, Suite 5150 Seattle, WA 98101 Telephone: (206) 693-7057 Facsimile: (206) 693-7058 E-mail: adam.pankratz@ogletree.com - and - Mathew A. Parker, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. The KeyBank Building 88 East Broad Street, Suite 2025 Columbus, OH 43215 Telephone: (614) 494-0420 Facsimile: (614) 633-1455 E-mail: mathew.parker@ogletree.com KEMRON ENVIRONMENTAL: Gonzales Labor Suit Removed to N.D. Cal. -------------------------------------------------------------- The case styled as DAVID GONZALES and MARTY EDWARD HERRERA, individually, and on behalf of all others similarly situated, Plaintiffs v. KEMRON ENVIRONMENTAL SERVICES, INC., a corporation; and DOES 1 through 10, inclusive, Defendants, Case No. CGC-23-608698, was removed from the Superior Court of California for the County of San Francisco to the United States District Court for the Northern District of California on November 17, 2023. The Clerk of Court for the Northern District of California assigned Case No. 3:23-cv-05972 to the proceeding. The complaint alleges the class action claims: (1) failure to pay minimum wage and straight time wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to authorized and permit rest periods; (5) failure to timely pay final wages at termination; (6) failure to provide accurate itemized wage statements; (7) failure to indemnify employees for expenditures; and (8) unfair business practices. Kemron Environmental Services, Inc. is an engineering and consulting firm.[BN] The Corporate Defendant is represented by: Joshua D. Carlon, Esq. Aashish Bhargava, Esq. ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Law Corporation 12800 Center Court Drive South, Suite 300 Cerritos, CA 90703-9364 Telephone: (562) 653-3200 Facsimile: (562) 653-3333 E-mail: Joshua.Carlon@aalrr.com Ash.Bhargava@aalrr.com LEADING EDGE: Zarr Labor Suit Moved to M.D. Fla. ------------------------------------------------ The case styled as MICHELE ZARR, an individual, on behalf of herself and all other similarly situated, Plaintiff v. LEADING EDGE CONNECTIONS, LLC, a Florida limited liability company, Defendant, Case No. 3:23-cv-08530, was transferred from the United States District Court for the District of Arizona to the United States District Court for the Middle District of Florida on November 17, 2023. The Clerk of Court for the Middle District of Florida assigned Case No. 8:23-cv-02642-VMC-CPT to the proceeding. The Plaintiff contends Defendant misclassified her and all other similarly situated employees as independent contractors, failed to compensate them at the overtime rate for certain time periods in which they worked more than forty hours in a workweek, thereby depriving them of compensation to which they were entitled. Leading Edge Connections, LLC is a fully virtual outsourced call center providing customer service and sales services for its business clients.[BN] The Plaintiff is represented by: Thomas Leon Brown, Jr. ERNST BROWN & DRAPER PLLC 3303 E Baseline Rd. Gilbert, AZ 85234 Telephone: (480) 262-7653 E-mail: tbrown@ebdlawyers.com The Defendant is represented by: Jennifer Rachel Yee, Esq. SNELL & WILMER LLP 1 E Washington St., Ste. 2700 Phoenix, AZ 85004 Telephone: (602) 382-6565 E-mail: jryee@swlaw.com - and - Sean P. Cronin, Esq. STANTON CRONIN LAW GROUP, PL 6944 W Linebaugh Ave., Suite 102 Tampa, FL 33625 Telephone: (813) 444-0155 Facsimile: (813) 422-7955 E-mail: scronin@sclawyergroup.com MEMORIAL HEALTH: Files 9th Cir. Appeal in Stendal Suit ------------------------------------------------------ MEMORIAL HEALTH SERVICES, et al. are taking an appeal from a court order in the lawsuit entitled Amy L. Stendal, individually and on behalf of all others similarly situated, Plaintiff, v. Memorial Health Services, et al., Defendants, Case No. 2:23-cv-04068, in the U.S. District Court for the Central District of California. As previously reported in the Class Action Reporter, the lawsuit, which was removed from the Superior Court of the State of California in and for the County of Los Angeles to the U.S. District Court for the Central District of California, is brought against the Defendants for violations of California Labor Code's Private Attorneys General Act (PAGA). On Oct. 17, 2023, Judge Otis D. Wright, II, ruled that, "In light of the Status Conference requested by the parties and the Court's order that the issue of arbitrability be submitted to the arbitrator, Defendants' Motion to Compel Arbitration is DENIED without prejudice as moot." The case was stayed pending the arbitral determination. The appellate case is captioned Stendal v. Memorial Health Services, et al., Case No. 23-3561, in the United States Court of Appeals for the Ninth Circuit, filed on November 16, 2023. The briefing schedule in the Appellate Case states that: -- Appellant Mediation Questionnaire was due on November 21, 2023; -- Appellant Appeal Transcript is due on December 28, 2023; -- Appellant Appeal Opening Brief is due on February 6, 2024; and -- Appellee Appeal Answering Brief is due on March 7, 2024. [BN] MULTIMATIC TENNESSEE: Taylor Seeks Unpaid OT Wages -------------------------------------------------- HEATHER DAWN TAYLOR, individually, and on behalf of herself and other similarly situated current and former employees, Plaintiff v. MULTIMATIC TENNESSEE, LLC, Defendant, Case No. 1:23-cv-00078 (M.D. Tenn., Nov. 16, 2023) is brought against the Defendant as a collective action under the Fair Labor Standards Act to recover unpaid overtime compensation and other damages owed to Plaintiff and other similarly situated hourly-paid employees. The Plaintiff has been employed by Defendant as an hourly-paid production employee since April 17, 2016 to present. She asserts that Defendant violated FLSA by failing to pay her and those similarly situated for all hours worked over 40 per week within weekly pay periods at one and one-half their regular hourly rate of pay. Multimatic Tennessee, LLC supplies engineered structural components.[BN] The Plaintiff is represented by: J. Russ Bryant, Esq. Gordon E. Jackson, Esq. James L. Holt, Jr., Esq. J. Joseph Leatherwood, IV, Esq. JACKSON SHIELDS YEISER HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com rbryant@jsyc.com jholt@jsyc.com jleatherwood@jsyc.com NESTLE PURINA: Pet Foods Contain Synthetic Chemicals, Kueck Says ---------------------------------------------------------------- FRED KUECK and JASEN SILVER, individually and on behalf of all others similarly situated, Plaintiffs v. NESTLE PURINA PETCARE COMPANY, Defendant, Case No. 3:23-cv-05962-SK (N.D. Cal., Nov. 17, 2023) is a class action against the Defendant for fraud, fraudulent omission or concealment, unjust enrichment, and violations of the California's Unfair Competition Law, the Consumers Legal Remedies Act, and the False Advertising Law. The Plaintiffs bring this class action lawsuit on behalf of themselves and similarly situated consumers who purchased Purina-branded pet food. The products are labeled as healthy, yet the packaging contains per-and polyfluoroalkyl substances (PFAS). PFAS are synthetic chemicals that pose undue health risks, even at low levels. Accordingly, the presence of PFAS renders Defendant's healthy representations false and misleading, says the suit. Based on Defendant's omission, a reasonable consumer would expect that the products are healthy and can be purchased and consumed as marketed and sold. Yet, Defendant does not notify consumers, like Plaintiffs, that the products are not healthy, pose health risks, and should otherwise be approached with caution, the suit asserts. Nestle Purina Petcare Company is an American subsidiary of the Swiss corporation Nestle, based in St. Louis, Missouri. It produces and markets pet food, treats, cat and dog litter.[BN] The Plaintiffs are represented by: L. Timothy Fisher, Esq. Emily A. Horne, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com ehorne@bursor.com NORTHWELL HEALTH: Fails to Protect Personal Info, Vasquez Says -------------------------------------------------------------- SANDRA VASQUEZ, 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-08544-LDH-AYS (E.D.N.Y., Nov. 16, 2023) is a class action against Defendants for their failure to safeguard Plaintiff, and approximately 3.9 million other individuals' personally identifying information (PII) and personal health information (PHI), including names, 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 PJA's network system and obtained files containing information about Northwell's current and former patients. As a result of Defendants' inadequate security and breach of their duties and obligations, the data breach occurred, and Plaintiff's and Class Members' PII/PHI was accessed and disclosed, says the suit. The Plaintiff, on behalf of herself and all other Class members, asserts claims for negligence, negligence per se, breach of fiduciary duty, breach of implied contract, unjust enrichment and violations of the New York Deceptive Acts and Practices Act, and seeks declaratory relief, injunctive relief, monetary damages, statutory damages, punitive damages, equitable relief, and all other relief authorized by law. Northwell Health, Inc. is a nonprofit integrated healthcare provider based in New York.[BN] The Plaintiff is represented by: Raymond C. Silverman, Esq. Jason S. Goldstein, Esq. PARKER WAICHMAN LLP 6 Harbor Park Drive Port Washington, NY 11050 Telephone: (516) 466-6500 Facsimile: (516) 466-6665 E-mail: rsilverman@yourlawyer.com jgoldstein@yourlawyer.com PENNEY OPCO: Atkinson Suit Removed to W.D. Washington ----------------------------------------------------- The case captioned as Jacob Atkinson, individually and on behalf of all others similarly situated v. PENNEY OPCO LLC, a foreign limited liability company; and DOES 1-20, Case No. 23-2-19391-1 SEA was removed from the Superior Court of Washington for King County, to the United States District Court for the Western District of Washington on Nov. 22, 2023, and assigned Case No. 2:23-cv-01806. On October 20, 2023, the Plaintiff filed his First Amended Class Action Complaint ("FAC") for Damages, Injunctive Relief, and Declaratory Relief. The FAC purports to seek relief from Defendant related to Washington's Equal Pay and Opportunity Act, requiring certain disclosures in job postings. Specifically, the FAC seeks damages for alleged violations of RCW; injunctive relief; and declaratory relief for Plaintiff and on behalf of a putative class.[BN] The Plaintiff is represented by: Timothy W. Emery, Esq. Patrick B. Reddy, Esq. Paul Cipriani, Esq. EMERY REDDY, PLLC 600 Stewart Street, Suite 1100 Seattle, WA 98101 Phone: (206) 207-9281 Email: emeryt@emeryreddy.com reddyp@emeryreddy.com paul@emeryreddy.com The Defendants are represented by: Catharine Morisset, Esq. Ryan R. Jones, Esq. FISHER & PHILLIPS LLP 1700 7th Avenue, Suite 2200 Seattle, WA 98101 Phone: 206-682-2308 Facsimile: 206-682-7908 Email: cmorisset@fisherphillips.com rjones@fisherphillips.com PHILADELPHIA INDEPENDENTS: Gomberg Files ADA Suit in E.D. Pa. ------------------------------------------------------------- A class action lawsuit has been filed against Philadelphia Independents, LLC. The case is styled as Matthew Gomberg, on behalf of himself and all others similarly situated v. Philadelphia Independents, LLC, Case No. 2:23-cv-04637-GJP (E.D. Pa., Nov. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Philadelphia Independents -- https://www.philadelphiaindependents.com/ -- is a retail gift store that features only handmade items from the best talent in the city.[BN] The Plaintiff is represented by: David S. Glanzberg, Esq. THE LAW OFFICE OF DAVID GLANZBERG 123 S. Broad Street, Suite 1640 Philadelphia, PA 19109 Phone: (215) 981-5400 Fax: (267) 319-1993 Email: david.glanzberg@gtlawpc.com PREMIUM RETAIL: Martinez Suit Removed to N.D. California -------------------------------------------------------- The case captioned as Vanessa Martinez, an individual and on behalf of all others similarly situated v. PREMIUM RETAIL SERVICES, LLC., a Delaware limited liability company; PREMIUM RETAIL SERVICES, INC., a Delaware corporation; EZAT RAHIMI, an individual; and DOES 1 through 100, inclusive, Case No. 23CV422925 was removed from the Superior Court of the State of California for the County of Santa Clara, to the United States District Court for the Northern District of California on Nov. 22, 2023, and assigned Case No. 3:23-cv-06084. The Complaint asserts class action claims for: failure to pay overtime wages; failure to pay minimum wages; failure to provide meal periods; failure to provide rest periods; waiting time penalties; wage statement violations; failure to pay timely wages; failure to indemnify; violation of Labor Code; and unfair competition.[BN] The Defendants are represented by: Linda Claxton, Esq. Samuel P. Knecht, Esq. Juliana C. Vallier, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: 213-239-9800 Facsimile: 213-239-9045 Email: linda.claxton@ogletree.com samuel.knecht@ogletree.com juliana.vallier@ogletree.com QUEST DIAGNOSTICS: Mandatory Settlement Conference Set for Feb. 13 ------------------------------------------------------------------ In the class action lawsuit captioned as PAMELA STEWART, et al., v. QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC., et al., Case No. 3:19-cv-02043-AGS-DDL (S.D. Cal.), the Hon. Judge David D. Leshner entered an order setting the following case management schedule: Discovery Conference Nov. 22, 2023 Expert Discovery Completion Nov. 30, 2023 Pretrial Motions Dec. 18, 2023 Deadline to File Daubert Motions Jan. 18, 2024 Mandatory Settlement Conference Feb. 13, 2024, Rule 26(a)(3) Disclosures/ Mar. 22, 2024 Memoranda of Contentions of Fact and Law Quest Diagnostics provides professional analytic or diagnostic services for the medical profession. A copy of the Court's order dated Nov. 16, 2023 is available from PacerMonitor.com at https://bit.ly/40Y6GCU at no extra charge.[CC] REPUBLIC REIGN: Convertino Seeks Conditional Class Certification ---------------------------------------------------------------- In the class action lawsuit captioned as KRISSA CONVERTINO, Individually and Behalf all others Similarly Situated, v. REPUBLIC REIGN, LLC d/b/a REPUBLIC GARDEN & LOUNGE, LEVA BONAPARTE AND LAMAR BONAPARTE, Case No. 2:23-cv-04075-RMG (D.S.C.), the Plaintiff asks the Court to enter an order of Conditional Class Certification and to Authorize Notice to Potential Class Members, pursuant to section 16(b) of the Fair Labor Standards Act 29 U.S.C. section 216: "All current and former VIP Servers who worked at Republic Reign LLC during the time period beginning [Three from the date of the Court’s Order] through the present, and who were required to share their tips with VIP Manager Madison Reese and who were not paid at least $7.25 and hour." The Plaintiffs are former VIP Servers who were employed by the Defendants. The Plaintiffs' Counsel requires a list from the Defendants from three years from the Court’s Order to the present. A copy of the Plaintiff's motion dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/3GpJ94p 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 ROBERT PACE: Bid for More Time to File Class Cert Bid Tossed ------------------------------------------------------------ In the class action lawsuit captioned as LAWRENCE RAYMOND DAISS, III, v. ROBERT S.D. PACE, Case No. 4:22-cv-00236-RSB-CLR (S.D. Ga.), the Hon. Judge Christopher L. Ray entered an order denying the parties' motion for an extension of time for Plaintiff to file his motion for Class Certification. A copy of the Court's order dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/3t4BW6A at no extra charge.[CC] ROBERT PACE: Parties Seek More Time to File Class Certification Bid ------------------------------------------------------------------- In the class action lawsuit captioned as LAWRENCE RAYMOND DAISS, III, v. ROBERT S.D. PACE, Case No. 4:22-cv-00236-RSB-CLR (S.D. Ga.), the Parties ask the Court to allow Plaintiff an extension of time within which to file a Motion for Class Certification. The Defendant sought, and Plaintiff granted, an extension of time to respond to Plaintiff’s first set or written discovery. The responses were provided, as agreed, on November 13, 2023. The responses included interrogatory responses and a number of documents. The Plaintiff submits that it would be reasonable, especially given the Thanksgiving holidays, for him to have 30 days within which review, consider, and asses the discovery responses and, if appropriate, draft a Motion to Certify a Class. The requested extension does not necessitate changing any other dates in the Scheduling Order, but the parties may later request other accommodations. The parties request the Court to issue an Order granting the additional time and allowing Plaintiff to file a Motion for Class Certification, if appropriate, no later than Wednesday, December 13, 2023. A copy of the Parties' motion dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/49YUCVV at no extra charge.[CC] The Plaintiff is represented by: Kathryn S. Whitlock, Esq. MCANGUS GOUDELOCK & COURIE, LLC 270 Peachtree St. NW, Suite 1800 Atlanta, GA 30343 Telephone: (678) 500-7307 E-mail: kate.whitlock@mgclaw.com - and - Sherwin P. Robin, Esq. JONES ROBIN& ROBIN, P.C. Metter, GA 30439 E-mail: sprobin@collectionsga.com The Defendant is represented by: Christine L. Mast, Esq. HAWKINS PARNELL & YOUNG LLP 303 Peachtree Street, NE, Suite 4000 Atlanta, GA 30308-3243 Telephone: (404) 614-7400 Facsimile: (855) 889-4588 E-mail: cmast@hpylaw.com ROLLINS INC: Plaintiffs Seek to Certify Class for Settlement ------------------------------------------------------------ In the class action lawsuit captioned as MARCIA G. FLEMING; CASEY FREEMAN; DAVID GUYON; ANTHONY LOSCALZO; PATRICK ROSEBERRY; and JULIO SAMNIEGO individually, on behalf of the Rollins, Inc. 401(k) Savings Plan and on behalf of all similarly situated participants and beneficiaries of the Plan, v. ROLLINS, INC., et al, Case No. 1:21-cv-05343-ELR (N.D. Ga.), Plaintiffs ask the Court to issue an Order: (a) certifying the Class for settlement purposes and granting preliminary approval of the Settlement Agreement; (b) approving the proposed Class Notice, to the Settlement Agreement; (c) approving KCC as the Settlement Administrator; (d) approving the Plan of Allocation; and (e) setting a date for a Fairness Hearing on or after March 9, 2024, or at least 110 days after entry of the Order granting Preliminary Approval. The Defendants include THE ADMINISTRATIVE COMMITTEE OF THE ROLLINS, INC. 401(k) SAVINGS PLAN, BOTH INDIVIDUALLY AND AS THE DE FACTO INVESTMENT COMMITTEE OF THE ROLLINS, INC. 401(k) SAVINGS PLAN; EMPOWER RETIREMENT, LLC F/K/A PRUDENTIAL INSURANCE AND ANNUITY COMPANY; PRUDENTIAL BANK & TRUST, FBS, AS DIRECTED TRUSTEE OF THE ROLLINS, INC. 401(k) PLAN TRUST; ALLIANT INSURANCE SERVICES, INC.; ALLIANT RETIREMENT SERVICES, LLC; PAUL E. NORTHEN, JOHN WILSON, JERRY GAHLHOFF, JAMES BENTON, and A. KEITH PAYNE in their capacities as members of the Administrative Committee; and John and Jane Does 1–10. Subject to the Court's approval, the Parties have settled this Employee Retirement Income Security Act (ERISA) class action in its entirety for a payment of $3,925,000, inclusive of attorneys' fees, expenses, and costs of settlement administration (an average recovery of approximately $100 per Class member before any fees and expenses). The Complaint alleges that the Defendants breached their fiduciary duties and engaged in prohibited transactions under ERISA, causing a loss to the Plan and Plan participants. The proposed Settlement Class consists of all Participants in and Beneficiaries of the Rollins Plan (including, prior to November 1, 2022, the Western Plan and Waltham Plan) at any time from December 30, 2015 through September 30, 2023. Excluded from the Settlement Class are those individuals, including the individual defendants, who served as voting members of the Plans' administrative and/or investment committee during the Class Period. -- Benefits to the Class Once all conditions for approval have been met, Rollins will cause a total of $3,925,000(Gross Settlement Amount) to be deposited into a Settlement Fund Account established by Plaintiffs' Counsel or the Settlement Administrator at a federally chartered financial institution, which shall be considered a common fund created as a result of the Action. Rollins is a North American pest control company serving residential and commercial clients. A copy of the Plaintiffs' motion dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/4115VsG at no extra charge.[CC] The Plaintiffs are represented by: Mark G. Boyko, Esq. BAILEY & GLASSER LLP 34 N. Gore Ave., Suite 102 Webster Groves, MO 63119 Telephone: (314) 863-5446 Facsimile: (314)-863-5483 E-mail: mboyko@baileyglasser.com RUBY HOLLOW: McGowan Appeals Securities Suit Dismissal to 2nd Cir. ------------------------------------------------------------------ GREGORY MCGOWAN, et al. are taking an appeal from a court order dismissing their lawsuit entitled Gregory McGowan, et al., on behalf of themselves and all other similarly situated, Plaintiffs, v. Geoff Stanley, et al., Defendants, Case No. 1:22-cv-06971, in the U.S. District Court for the Southern District of New York. As previously reported in the Class Action Reporter, the lawsuit is filed against the Defendants for breach of fiduciary duty, engaging in a pattern of mail and wire fraud, and for carrying out a scheme to defraud in violation of the Securities Exchange Act of 1934. On July 12, 2023, the Defendants filed a motion for summary judgment, which the Court granted through an Order entered by Judge Denise L. Cote on Oct. 12, 2023. Accordingly, the case was closed. The appellate case is captioned McGowan v. Stanley, Case No. 23-7769, in the United States Court of Appeals for the Second Circuit, filed on November 16, 2023. [BN] Plaintiff-Appellant GREGORY MCGOWAN, et al., on behalf of themselves and all other similarly situated, is represented by: Ambrose Madison Richardson, III, Esq. SOLOMON BLUM HEYMANN LLP 40 Wall Street, 35th Floor New York, NY 10005 Telephone: (212) 267-7600 RXO INC: Spencer Class Suit Removed to W.D. Wash. ------------------------------------------------- The case styled as SHANNON SPENCER, individually and on behalf of all others similarly situated, Plaintiff v. RXO, INC., a foreign profit corporation; RXO LAST MILE, INC., a foreign profit corporation; RXO CORPORATE SOLUTIONS, LLC, a foreign limited liability company; RXO FREIGHT FORWARDING, INC., a foreign profit corporation; RXO MANAGED TRANSPORT, LLC, a foreign limited liability company; and DOES 1-20, Defendants, Case No. 23-2-20256-2-SEA, was removed from the Superior Court of Washington in and for the County of King to the United States District Court for the Western District of Washington on November 17, 2023. The Clerk of Court for the Western District of Washington assigned Case No. 2:23-cv-01760 to the proceeding. The Plaintiff alleges three causes of action against Defendants, which include: a. violation of the Revised Code of Washington 49.58.100; b. injunctive relief; and c. declaratory relief. RXO, Inc. provides truck brokerage services.[BN] The Defendants are represented by: Todd L. Nunn, Esq. K&L GATES LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104-1158 Telephone: (206) 623-7580 Facsimile: (206) 623-7022 E-mail: todd.nunn@klgates.com SANTANDER HOLDINGS: To Settle Kelly Suit Over Repo Dispute ---------------------------------------------------------- Santander Holdings USA, Inc. disclosed in its Form 10-Q report for the quarterly period ended September 30, 2023, filed with the Securities and Exchange Commission on November 30, 2023, that a final settlement approval hearing was held last October 18, 2023 with regards to Hugh and Christina Kelly v. Santander Consumer USA Holdings Inc., 2:20-cv-03698. The court has not yet issued an order. Said putative Pennsylvania-only class action is pending in the United States District Court for the Eastern District of Pennsylvania, alleging that Santander Consumer USA Holdings Inc. (SC) violated the Uniform Commercial Code and Pennsylvania Motor Vehicle Sales Finance Act, and that repossessions were not commercially reasonable or done in good faith when the post-repossession notice included a storage fee of $25 that was less than the stated amount. Plaintiffs also allege that SC failed to inform the consumers of a required fee to retrieve their personal affects. Plaintiffs allege that any fee charged by a recovery agent or auction house was impermissible due to SC's failure to disclose them. On December 16, 2022, the court preliminarily approved a settlement with SC pursuant to which SC will pay a total of $14 million to resolve the litigation. Santander Holdings USA, Inc. is the parent holding company of SC, a consumer finance company headquartered in Dallas, Texas. The company sells consumer vehicle loans and leases through flow agreements. SIEMENS MOBILITY: McIntyre Labor Suit Removed to E.D. Cal. ---------------------------------------------------------- The case styled ALAN BLAINE MCINTYRE JUNIOR, on behalf of himself and all others similarly situated, Plaintiff v. SIEMENS MOBILITY, INC.; and DOES 1 through 100, inclusive, Defendants, Case No. 23CV009953, was removed from the Superior Court of the State of California in and for the County of Sacramento to the United States District Court for the Eastern District of California on November 17, 2023. The Clerk of Court for the Eastern District of California assigned Case No. 2:23-cv-02695-KJM-KJN to the proceeding. In the complaint, the Plaintiff alleges, on behalf of himself and all others similarly situated, seven total causes of action, six of which are for various violations of the California Labor Code and one for "Unfair Competition" under the California Business & Professions Code. Siemens Mobility, Inc. provides transport solution services.[BN] The Corporate Defendant is represented by: Samantha C. Grant, Esq. Armine Antonyan, Esq. REED SMITH LLP 1901 Avenue of the Stars, Suite 700 Los Angeles, CA 90067-6078 Telephone: (310) 734-5200 Facsimile: (310) 734-5299 - and - Rafael N. Tumanyan, Esq. REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: (213) 457-8000 Facsimile: (213) 457-8080 STATE AND LIBERTY: Gomberg Files ADA Suit in E.D. Pennsylvania -------------------------------------------------------------- A class action lawsuit has been filed against State and Liberty Clothing Company, LLC. The case is styled as Matthew Gomberg, on behalf of himself and all others similarly situated v. State and Liberty Clothing Company, LLC, Case No. 2:23-cv-04639 (E.D. Pa., Nov. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. State and Liberty Clothing -- https://stateandliberty.com/ -- is an American clothing e-commerce company that makes and sells athletic fit performance fabric menswear.[BN] The Plaintiff is represented by: David S. Glanzberg, Esq. THE LAW OFFICE OF DAVID GLANZBERG 123 S. Broad Street, Suite 1640 Philadelphia, PA 19109 Phone: (215) 981-5400 Fax: (267) 319-1993 Email: david.glanzberg@gtlawpc.com STATE FARM: Seeks Leave to File Instanter Sur-Reply in Belotti -------------------------------------------------------------- In the class action lawsuit captioned as JAMIE BELOTTI and BECKY BELOTTI, v. STATE FARM FIRE AND CASUALTY COMPANY, Case No. 3:22-cv-01284-MEM (M.D. Pa.), the Defendant asks the Court to enter an order granting its motion for leave to file instanter the accompanying Sur-Reply. On August 31, 2023, the Plaintiffs filed their Motion for Class Certification and supporting Brief. The class definitions and class claims proposed by Plaintiffs in their Motion were roughly similar to the proposed class definitions and class claims pleaded in Plaintiffs' Second Amended Complaint, filed on November 1, 2023. On October 2, 2023, State Farm filed its Opposition to Plaintiffs' Motion for Class Certification, identifying numerous fatal flaws in Plaintiffs' certification requests. On November 3, 2023, Plaintiffs filed their Reply in support of their Motion for Class Certification by which they purport to "amend" their Motion. State Farm offers automobile, property, casualty, health, disability, and life insurance services. A copy of the Defendant's motion dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/47TyQRU at no extra charge.[CC] The Plaintiffs are represented by: Harry A. Cummins, Esq. Roman Rabinovich, Esq. Lee Squitieri, Esq. WILKOFSKY, FRIEDMAN, KAREL & CUMMINS 299 Broadway, Suite 1700 New York, NY 10007 The Defendant is represented by: Joseph A. Cancila, Jr., Esq. Nick Kahlon, Esq. Brian Neff, Esq. RILEY SAFER HOLMES & CANCILA LLP 70 W. Madison Street, Suite 2900 Chicago, IL 60602 Telephone: (312) 471-8700 E-mail: jcancila@rshc-law.com nkahlon@rshc-law.com bneff@rshc-law.com - and - Yolanda Konopacka DeSipio, Esq. BENNETT, BRICKLIN & SALTZBURG LLC 960 Harvest Drive, Building B-Suite 100 Blue Bell, PA 19422 Telephone: (267) 654-1100 E-mail: desipio@bbs-1aw.com SYNCREON.US INC: Ayala Wage-and-Hour Suit Removed to E.D. Pa. ------------------------------------------------------------- The case styled as RICARDO AYALA, on behalf of himself and others similarly situated, Plaintiff v. SYNCREON.US INC., Defendant, Case No. 2023-394M, was removed from the Pennsylvania Court of Common Pleas, Philadelphia County, to the United States District Court for the Eastern District of Pennsylvania on November 17, 2023. The Clerk of Court for the Eastern District of Pennsylvania assigned Case No. 2:23-cv-04561 to the proceeding. The Plaintiff brings his class action on behalf of himself and all individuals -- whether paid by Defendant, Defendant's associated businesses, or third-party staffing agencies -- who during any time since October 3, 2020 have been paid an hourly wage to work at a Pennsylvania warehouse operated by or on behalf of Defendant or any related business entity for unpaid wages (including overtime wages); prejudgment interest; litigation costs and expenses; attorney fees; and any other relief deemed just and proper under the Pennsylvania Minimum Wage Act. Syncreon.US, Inc. provides technology and automotive services.[BN] The Defendant is represented by: Stephanie J. Peet, Esq. JACKSON LEWIS P.C. 1601 Cherry Street, Ste. 1350 Philadelphia, PA 19102 Telephone: (267) 319-7802 Facsimile: (215) 399-2249 E-mail: Stephanie.Peet@jacksonlewis.com T-MOBILE USA: Rouse Sues Over Failure to Pay Proper Wages --------------------------------------------------------- HANK ROUSE, on behalf of himself and others similarly situated, Plaintiff v. T-MOBILE, USA, INC., Defendant, Case No. 1:23-cv-16028 (N.D. Ill., Nov. 16, 2023) is a class action against the Defendant for its alleged unlawful labor practices in violation of the Fair Labor Standards Act and the Illinois Minimum Wage Law. The Plaintiff worked for T-Mobile in "Sales" as a "Mobile Expert" from January 27, 2017 to October 3, 2023. He asserts that Defendant failed to fully compensate him and other similarly situated commissioned employees by failing to include their commissions in their regular rates of pay when calculating overtime. Further, Defendant failed to compensate Rouse and other similarly situated employees for periods designated as meal periods when said periods were subject to frequent interruption and were predominantly for the employer's benefit, the Plaintiff says. T-Mobile USA, Inc. provides telecommunications services.[BN] The Plaintiff is represented by: Sergei Lemberg, Esq. Michael T. Petela, Jr., Esq. LEMBERG LAW, LLC 444 North Michigan Avenue, Suite 1200 Chicago, IL 60611 Telephone: (203) 653-2250 Facsimile: (203) 653-3424 E-mail: slemberg@lemberglaw.com mpetela@lemberglaw.com TRAVEL INSURED: Court OK's Class Certification in Edleson Suit -------------------------------------------------------------- In the class action lawsuit captioned as LOUIS B. EDLESON, on behalf of himself and all others similarly situated, v. TRAVEL INSURED INTERNATIONAL, INC., and UNITED STATES FIRE INSURANCE COMPANY, Case No. 3:21-cv-00323-WQH-SBC (S.D. Cal.), the Hon. Judge William Q. Hayes entered an order granting motion for class certification. -- The Court will certify the Subclass. -- The Motions to File Documents Under Seal are granted. -- The Document numbers 59 and 68 shall remain under seal as proposed Documents. -- The Daubert Motion to Exclude Opinions and Testimony of Charles C. DeWeese is denied without prejudice. -- The Court concludes that the requirements under Rule 23(a) and 23(b)(3) for class certification are satisfied. The Plaintiff seeks to certify a California Subclass1 as follows: "All persons in California who, at any time between February 23, 2017 and the present, purchased a single-trip insurance plan administered by Travel Insured International, Inc. and underwritten by United States Fire Insurance Company that provided both pre- departure and post-departure benefits, whose covered trips were cancelled prior to departure, and who did not receive any refund of the amount paid for the plan." Plaintiff additionally states: Excluded from … the Subclass are all persons who received a refund from Defendants of any amount paid for the plan or received a voucher from Defendants for the amount paid for the plan and already used such voucher to purchase a new single-trip insurance plan. Also excluded from the Subclass are all officers, directors, and employees of Defendants. Travel Insured "administers single trip insurance plans." A copy of the Court's order dated Nov. 20, 2023 is available from PacerMonitor.com at https://bit.ly/3N5Obqo at no extra charge.[CC] TRUMP CORP: Bids for Class Cert Sealing in McKoy Tossed ------------------------------------------------------- In the class action lawsuit captioned as CATHERINE MCKOY, et al., v. THE TRUMP CORPORATION, et al., Case No. 1:18-cv-09936-LGS-SLC (S.D.N.Y.), the Hon. Judge Lorna G. Schofield entered an order granting the motions for sealing -- which relate to the Plaintiffs' motion to exclude Dr. Peterson's expert opinions and to preclude Dr. Hair's supplemental declaration. The presumption of public access is weaker and can be overcome here because the motion at issue was denied as moot. -- The motions for sealing which relate to the Plaintiffs' motion for class certification are denied without prejudice to renewal. -- All documents currently filed under seal shall remain under seal at this time. By November 28, 2023, ACN and/or any party to this action may file requests to maintain under seal the documents identified in the motions for sealing to the extent such documents were not made public in their entirety by the November 3, 2023, Order. On March 10, 2023, Plaintiffs filed a letter motion to seal in conjunction with their memorandum of law in support of the motion for class certification and supporting exhibits. The Plaintiffs stated that the materials were designated as confidential under the operative protective order or by Defendants, non-party ACN Opportunity, LLC or other non-parties and took no position concerning confidentiality designations by those parties. Trump operates as a real estate development company. A copy of the Court's order dated Nov. 16, 2023 is available from PacerMonitor.com at https://bit.ly/3GjAEHZ at no extra charge.[CC] TT USA LLC: Gomberg Files ADA Suit in E.D. Pennsylvania ------------------------------------------------------- A class action lawsuit has been filed against TT USA, LLC. The case is styled as Matthew Gomberg, on behalf of himself and all others similarly situated v. TT USA, LLC, Case No. 2:23-cv-04640-PD (E.D. Pa., Nov. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. TT USA, LLC doing business as Transition Technologies USA, Inc. -- https://tt-us.com/ -- provide a professional services in the field of combustion optimization, focusing on improving power plant efficiency and reducing combustion pollution, such as nitride oxides, carbon oxides, and fly ash.[BN] The Plaintiff is represented by: David S. Glanzberg, Esq. THE LAW OFFICE OF DAVID GLANZBERG 123 S. Broad Street, Suite 1640 Philadelphia, PA 19109 Phone: (215) 981-5400 Fax: (267) 319-1993 Email: david.glanzberg@gtlawpc.com TURQUOISE HILL: Bid to Certify Class Withdrawn w/o Prejudice ------------------------------------------------------------ In the class action lawsuit re Turquoise Hill Resources Ltd. Securities Litigation, Case No. 1:20-cv-08585-LJL (S.D.N.Y.), the Hon. Judge Lewis J. Liman entered an order that the current motion to certify the class is withdrawn without prejudice to renewal after the Court rules upon the proposed amended complaint. A copy of the Court's order dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/3R01tG7 at no extra charge.[CC] The Defendants are represented by: Corey Worcester, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 51 Madison Avenue, 22nd Floor New York, NY 10010-1601 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 E-mail: coreyworcester@quinnemanuel.com TYSON FOODS: Fails to Accommodate Religious Belief, Pearson Says ---------------------------------------------------------------- SARAH PEARSON, for herself and all other similarly situated individuals, Plaintiff v. TYSON FOODS, INC., Defendant, Case No. 4:23-cv-01080-BSM (E.D. Ark., Nov. 16, 2023) is a class action complaint brought against the Defendant under Title VII of the Civil Rights of 1964 and the Arkansas Civil Rights Act for failure to accommodate a religious belief, and for religious discrimination. The Plaintiff worked for Tyson from November 18, 2002 until she was terminated in December 2022. Her most recent position was as a Senior Controller, which she accepted in February 2020. The Plaintiff made a valid and timely accommodation request, based upon her sincerely held religious belief, to be exempt from Tyson's COVID Vaccine Mandate and continue working remotely (telework) as she had been doing. Tyson agreed that Plaintiff was entitled to an accommodation based upon her religious beliefs, but denied Plaintiff's request. Further, Tyson treated Plaintiff differently than other similarly situated employees by not requiring them to be vaccinated beginning in early 2022 through Plaintiff's termination in December 2022, says the suit. Tyson Foods, Inc. is an American multinational corporation based in Springdale, Arkansas that operates in the food industry.[BN] The Plaintiff is represented by: Brian A. Vandiver, Esq. COX, STERLING, VANDIVER & BOTTEICHER, PLLC 8201 Cantrell Rd., Ste. 230 Little Rock, AR 72227 Telephone: (501) 954-8073 E-mail: bavandiver@csmfirm.com UNITED STATES: Completion of Class Cert Discovery Due Jan 24, 2024 ------------------------------------------------------------------ In the class action lawsuit captioned as BRIAN WEGMAN and THOMAS HORROM, v. THE UNITED STATES SPECIALTY SPORTS ASSOCIATION, INC., DONALD DEDONATIS III, RICHARD FORTUNA, WENDY ANDERSON, COURTNEY CEO and JACOB HORNBACHER, Case No. 6:23-cv-01637-RBD-RMN (M.D. Fla.), the Hon. Judge Roy B. Dalton Jr. entered a case management and scheduling order: Event Deadline Motions to Add Parties or to Amend Pleadings Feb. 26, 2024 Mediation Apr. 30, 2025 Completion of Discovery Jan. 24, 202 Summary Judgment, Daubert, and Markman March 3, 2025 Motions Pre-Trial Meeting July 21, 2025 Must take place in person Commencement of the Trial Term Sept. 2, 2025 United States Specialty Sports Association is a volunteer, sports governing body and a nonprofit organization based in Viera, Florida. A copy of the Court's order dated Nov. 20, 2023 is available from PacerMonitor.com at https://bit.ly/3uI41Bn at no extra charge.[CC] UNITED STATES: Plaintiffs' Class Cert Response Due Dec. 8 --------------------------------------------------------- In the class action lawsuit captioned as SHERRILL FARRELL, et. al., v. UNITED STATES DEPARTMENT OF DEFENSE, et. al., Case No. 3:23-cv-04013-JCS (N.D. Cal.), the Hon. Judge Joseph C. Spero entered an order setting briefing schedule for the Defendants' motion to dismiss and stay the defendants' deadline to respond to the Plaintiffs' motion for class certification: -- The Defendants' motion to dismiss will Nov. 17, 2023 be due by: -- The Plaintiffs' Response will be Dec. 8, 2023 due by: -- The Defendants' Reply will be due by: Dec. 22, 2023 -- Motion to Dismiss will be heard on: Jan. 19, 2024 -- The Plaintiffs' Motion for Class Certification is denied without prejudice to refiling after a ruling on the Motion to Dismiss. -- The Initial Case Management Conference set for January 26, 2024, is advanced to January 19, 2024, at 9:30 AM to occur after the hearing on the motion to dismiss. -- Case management conference statement Jan. 12, 2024 Due: The Plaintiffs filed their First Amended Complaint on October 26, 2023. The Defendants intend to respond to Plaintiffs' First Amended Complaint with a Motion to Dismiss. U.S. Department of Defense provides the military forces needed to deter war and ensure the nation's security. A copy of the Court's order dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/3RoBOIz at no extra charge.[CC] The Plaintiffs are represented by: Jocelyn D. Larkin, Esq. IMPACT FUND 2080 Addison Street, Suite 5 Berkeley, CA 94704 Telephone: (510) 845-3473 Facsimile: (510) 845-3654 E-mail: jlarkin@impactfund.org - and - Elizabeth Kristen, Esq. LEGAL AID AT WORK 180 Montgomery Street, Suite 600 San Francisco, CA 94104 Telephone: (415) 864-8848 Facsimile: (415) 593-0096 E-mail: ekristen@legalaidatwork.org - and - David K. Willingham, Esq. KING & SPALDING LLP 633 West Fifth Street, Suite 1600 Los Angeles, CA 90071 Telephone: (213) 443-4433 Facsimile: (213) 443-4310 E-mail: dwillingham@kslaw.com The Defendants are represented by: Brian M. Boynton, Esq. Andrew E. Carmichael, Esq. U.S. DEPARTMENT OF JUSTICE 1100 L St., N.W. Washington, D.C. 20005 Telephone: (202) 514-3346 E-mail: andrew.e.carmichael@usdoj.gov WELLS FARGO: Hummel Files Suit Over Unfair Trade Practices ----------------------------------------------------------- JENNIFER LYNN HUMMEL AND SHAWN DAVID HUMMEL Senior, Plaintiffs v. WELLS FARGO BANK, N.A., Defendant, Case No. 2:23-cv-02002-CCW (W.D. Pa., Nov. 17, 2023) is a class action brought by the Plaintiffs, on their own behalf and on behalf of all others similarly situated, seeking monetary redress through Pennsylvania's Fair Credit Extension Uniformity Act and the Unfair Trade Practices and Consumer Protection Law. The Plaintiffs' litigation effort did not begin with the filing of their complaint commencing this action. Rather, they first attempted to intervene in another pending class action involving Wells Fargo's repossession of vehicles in Pennsylvania styled, Sorace, et al. v. Wells Fargo Bank, N.A., E.D. Pa., Case no. 20-cv-04318. The Sorace Litigation involves claims against Wells Fargo under the Uniform Commercial Code arising from the bank's conduct during its repossession of vehicles from its consumer borrowers. The Plaintiffs are members of a proposed settlement class, to which the court presiding over that case has granted its preliminary approval. But the Plaintiffs here hold claims against Wells Fargo beyond those at issue in the Sorace Litigation that are not dependent upon the repossession of their vehicle. For that reason, the Plaintiffs sought to intervene in the Sorace Litigation to prevent those further claims against Wells Fargo from being quietly swept away in an agreement to resolve repossession claims. Unable to intervene, the Plaintiffs submit this complaint on behalf of similarly situated residents of Pennsylvania, seeking monetary, equitable, injunctive, and declaratory relief. The Plaintiffs will also object to the proposed class settlement agreement to avoid forfeiture of the distinct claims presented in this class action, says the complaint. Wells Fargo is a federally chartered bank and is a subsidiary of Wells Fargo & Company.[BN] The Plaintiff is represented by: Aurelius Robleto, Esq. Renee M. Kuruce, Esq. ROBLETO KURUCE, PLLC 6101 Penn Ave., Ste. 201 Pittsburgh, PA 15206 Telephone: (412) 925-8194 Facsimile: (412) 346-1035 E-mail: apr@robletolaw.com rmk@robletolaw.com WILLIAM LEE: Suit Filed in M.D. Tennessee ----------------------------------------- A class action lawsuit has been filed against William Lee. The case is styled as John Does 1-8, on behalf of themselves and all others similarly situated v. William Lee, in his capacity as Governor of the State of Tennessee; David Rausch, in his capacity as Director of the Tennessee Bureau of Investigation; Case No. 3:23-cv-01240 (M.D. Tenn., Nov. 22, 2023). The nature of suit is stated as Constitutional - State Statute for Civil Rights Act. William Byron Lee is a seventh-generation Tennessean and the 50th Governor of Tennessee.[BN] The Plaintiff is represented by: David R. Esquivel, Esq. Jeffrey H. Gibson, Esq. BASS, BERRY & SIMS (NASHVILLE OFFICE) 150 Third Avenue South, Suite 2800 Nashville, TN 37201 Phone: (615) 742-6285 Email: desquivel@bassberry.com jgibson@bassberry.com - and - Jorie Edith Zajicek, Esq. Ryan C. Davis, Esq. RYAN C. DAVIS LAW, PLLC 1224 2nd Ave. S. Suite 102 Nashville, TN 37210 Phone: (615) 649-0110 Fax: (615) 649-0110 Email: jorie@ryancdavislaw.com ryan@ryancdavislaw.com WILLIAMS-SONOMA STORES: Atkinson Suit Removed to W.D. Wash. ----------------------------------------------------------- The case styled as JACOB ATKINSON, individually and on behalf of all others similarly situated, Plaintiff v. WILLIAMS-SONOMA STORES, INC., a foreign profit corporation doing business as WILLIAMS SONOMA, POTTERY BARN, POTTERY BARN KIDS, and WEST ELM; and DOES 1-20, Defendants, Case No. 23-2-20029-2-SEA, was removed from the Superior Court of the State of California, King County, to the United States District Court for the Western District of Washington on November 17, 2023. The Clerk of Court for the Western District of Washington assigned Case No. 2:23-cv-01764 to the proceeding. The complaint asserts three causes of action, all of which arise from the same fundamental claim. First, the complaint seeks statutory or actual damages, whichever is greater, based on the alleged failure to disclose wage or salary ranges on job postings for positions in Washington State, purportedly in violation of RCW 49.58.110. Second, the complaint seeks an injunction requiring Williams-Sonoma to disclose wage scales and salary ranges in each job posting. Finally, the complaint seeks a declaration that the alleged practice of failing to disclose wage scales or salary ranges in job postings is illegal. Williams-Sonoma Stores, Inc. is an American retailer of cookware, appliances, and home furnishings.[BN] Defendant Williams-Sonoma Stores, Inc. is represented by: Damon C. Elder, Esq. Claire M. Lesikar, Esqq. MORGAN, LEWIS & BOCKIUS LLP 1301 Second Avenue, Suite 2800 Seattle, WA 98101 Telephone: (206) 274-6400 E-mail: damon.elder@morganlewis.com claire.lesikar@morganlewis.com WIS INTERNATIONAL: Samuels Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against WIS International, Inc., et al. The case is styled as Kenton Samuels, on behalf of himself, all others similarly situated, and on behalf of the general public v. WIS International, Inc., et al., Case No. 23CV012186 (Cal. Super. Ct., Sacramento Cty., Nov. 22, 2023). WIS International -- https://wisintl.com/ -- is a services solutions leader to the world's most respected and profitable companies across multiple sectors.[BN] WORLD WRESTLING: Pension Fund Alleges Breach of Fiduciary Duty -------------------------------------------------------------- LABORERS' DISTRICT COUNCIL AND CONTRACTORS' PENSION FUND OF OHIO, Plaintiff v. VINCENT K. MCMAHON, NICK KHAN, PAUL LEVESQUE, GEORGE A. BARRIOS, STEVE KOONIN, MICHELLE D. WILSON, and FRANK A. RIDDICK, III, Defendants, Case No. 2023-1166-JTL (Del. Ch., Nov. 17, 2023) is a verified class action complaint brought by the Plaintiff, on behalf of itself and similarly situated former stockholders of World Wrestling Entertainment, Inc., asserting breach of fiduciary duty claims against the Defendants The suit arises from the merger of World Wrestling with a subsidiary of Endeavor Group Holdings, Inc., resulting in the formation of TKO Group Holdings, Inc.. According to the complaint, Vincent K. McMahon, WWE's chief executive officer and chairman, had the power to control, influence, and cause -- and actually did control, influence, and cause -- the Company to enter into the merger. In pursuing and executing the unfair merger for less than fair value while dismissing alternative bidders, McMahon breached his fiduciary duties to Plaintiff and the Class, asserts the complaint. World Wrestling Entertainment, Inc. is an American professional wrestling promotion.[BN] The Plaintiff is represented by: Kimberly A. Evans, Esq. Robert Erikson, Esq. BLOCK & LEVITON LLP 3801 Kennett Pike, Suite C-305 Wilmington, DE 19807 Telephone: (302) 499-3600 E-mail: kim@blockleviton.com robby@blockleviton.com - and - Jason M. Leviton, Esq. Joel A. Fleming, Esq. Lauren Godles Milgroom, Esq. BLOCK & LEVITON LLP 260 Franklin St. Suite 1860 Boston, MA 021110 Telephone: (617) 398-5600 ZARA USA: Parra Suit Removed to C.D. California ----------------------------------------------- The case captioned as Adrian J. Parra, an individual and on behalf of all others similarly situated v. ZARA USA, INC., a New York corporation; IVANKA RAYMOND, an individual; and DOES 1 through 100, inclusive, Case No. 23STCV23683 was removed from the Superior Court of the State of California County of Los Angeles, to the United States District Court for the Central District of California on Nov. 22, 2023, and assigned Case No. 2:23-cv-09956. In the Complaint, Plaintiff asserts individually and on behalf of purportedly similarly situated individuals ten causes of action against Zara and Ms. Raymond: Failure to Pay Overtime Wages for All Hours Worked at Minimum Wage; Failure to Pay Minimum Wages; Failure to Provide Meal Periods; Failure to Provide Rest Periods; Failure to Pay All Wages Due Upon Termination; Failure to Provide Accurate Wage Statements; Failure to Timely Pay Wages During Employment; Violation of Labor Code; Violation of Labor Code; Unfair Competition Against All Defendants.[BN] The Defendants are represented by: Adam R. Rosenthal, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 12275 El Camino Real, Suite 100 San Diego, CA 92130-4092 Phone: 858.720.8900 Facsimile: 858.509.3691 Email: arosenthal@sheppardmullin.com - and - Krista Stevenson Johnson, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4109 Phone: 415.434.9100 Facsimile: 415.434.3947 Email: ksjohnson@sheppardmullin.com ZARBEE'S INC: Bid for Class Certification Due June 28, 2024 ----------------------------------------------------------- In the class action lawsuit captioned as Krystal Lopez, and Damany Browne, individually and on behalf of all others similarly situated, v. Zarbee's, Inc., Case No. 3:22-cv-04465-CRB (N.D. Cal.), the Hon. Judge Charles R. Breyer entered a case management order as follows: Event Deadline Zarbee's initial disclosures Dec. 8, 2023 Substantial completion of document discovery May 3, 2024 Complete fact depositions June 14, 2024 Plaintiffs' motion for class certification June 28, 2024 & any expert reports in support thereof Complete depositions of Plaintiffs' Within 3 weeks of class certification experts Plaintiffs’ motion for certification Zarbee's opposition to class certification Aug. 23, 2024 & any expert reports in support thereof Complete depositions of Zarbee's class Within 3 weeks of certification experts Zarbee's opposition Plaintiffs' reply in support of class Sept. 20, 2024 certification Hearing on class certification motion Oct. 11, 2024 In this putative class action, the Plaintiffs allege that Zarbee's Children’s Sleep melatonin supplements are mislabeled and unreasonably overdosed. The parties agreed to phase discovery and previously submitted a schedule for the first phase. In the first phase (now complete) Zarbee’s took discovery from the named plaintiffs. That phase ended when the Court ruled on Zarbee's recent motion for summary judgment. Zarbee's is a company that designs and develops natural syrups for calm coughs, sore throats, night coughing, and hoarseness in children. A copy of the Court's order dated Nov. 17, 2023 is available from PacerMonitor.com at https://bit.ly/3Gofclc at no extra charge.[CC] Asbestos Litigation ASBESTOS UPDATE: Ashland Inc. Reports $472MM Litigation Reserves ---------------------------------------------------------------- Ashland Inc., at September 30, 2023, has reserves for asbestos litigation amounting to $472 million, according to the Company's Form 10-K filing with the U.S. Securities and Exchange Commission. The Company states, "Ashland has liabilities from claims alleging personal injury caused by exposure to asbestos. Ashland retained third party actuarial experts to assist in developing and annually updating independent reserve estimates for future asbestos claims and related costs given various assumptions. The methodology used by the actuarial experts to project future asbestos costs is based largely on recent experience, including claim-filing and settlement rates, disease mix, open claims and litigation defense. Further, the claim experience identified is compared to the results of previously conducted third party epidemiological studies estimating the number of people likely to develop asbestos-related diseases. Using that information, the Company estimates a range of the number of future claims that may be filed, as well as the related costs that may be incurred in resolving those claims. Ashland records the amount it believes to be the best estimate of future payments for litigation defense and claim settlement costs using the results of a non-inflated, non-discounted approximate 40-year model developed with the assistance of the Company's third party actuarial experts." A full-text copy of the Form 10-K is available at https://shorturl.at/amBX3 ASBESTOS UPDATE: Cabot Corp. Defends Product Liability Lawsuits --------------------------------------------------------------- Cabot Corporation is a party to or the subject of lawsuits, claims, and proceedings, including, but not limited to, those involving environmental, and health and safety matters as well as product liability and personal injury claims in connection with a safety respiratory products business previously owned by one of its subsidiaries, according to the Company's Form 10-K filing with the U.S. Securities and Exchange Commission. The Company states, "Generally, these respirator liabilities involve claims for personal injury, including asbestosis, silicosis and coal worker's pneumoconiosis ("CWP"), allegedly resulting from the use of respirators that are alleged to have been negligently designed and/or labeled. At no time did this respiratory product line represent a significant portion of the respirator market." A full-text copy of the Form 10-K is available at https://shorturl.at/bfkV4 ASBESTOS UPDATE: Scotts Miracle-Gro Defends Exposure Lawsuits ------------------------------------------------------------- The Scotts Miracle-Gro Company has been named as a defendant in a number of cases alleging injuries that the lawsuits claim resulted from exposure to asbestos-containing products, apparently based on the Company's historic use of vermiculite in certain of its products, according to the Company's Form 10-K filing with the U.S. Securities and Exchange Commission. In many of these cases, the complaints are not specific about the plaintiffs' contacts with the Company or its products. The cases vary, but complaints in these cases generally seek unspecified monetary damages (actual, compensatory, consequential and punitive) from multiple defendants. The Company believes that the claims against it are without merit and is vigorously defending against them. No accruals have been recorded in the Company's consolidated financial statements as the likelihood of a loss is not probable at this time; and the Company does not believe a reasonably possible loss would be material to, nor does it expect the ultimate resolution of these cases will have a material adverse effect on, the Company's financial condition, results of operations or cash flows. There can be no assurance that future developments related to pending claims or claims filed in the future, whether as a result of adverse outcomes or as a result of significant defense costs, will not have a material effect on the Company's financial condition, results of operations or cash flows. A full-text copy of the Form 10-K is available at https://shorturl.at/lKX17 ASBESTOS UPDATE: WestRock Co. Faces 600 PI Lawsuits as of Sept. 30 ------------------------------------------------------------------ WestRock Company has been named a defendant in asbestos-related personal injury litigation, according to the Company's Form 10-K filing with the U.S. Securities and Exchange Commission. The Company states, "To date, the costs resulting from the litigation, including settlement costs, have not been significant. As of September 30, 2023, there were approximately 600 such lawsuits. We believe that we have substantial insurance coverage, subject to applicable deductibles and policy limits, with respect to asbestos claims. We also have valid defenses to these asbestos-related personal injury claims and intend to continue to defend them vigorously. Should the volume of litigation grow substantially, it is possible that we could incur significant costs resolving these cases. We do not expect the resolution of pending asbestos litigation and proceedings to have a material adverse effect on our results of operations, financial condition or cash flows. In any given period or periods, however, it is possible such proceedings or matters could have an adverse effect on our results of operations, financial condition or cash flows. At September 30, 2023, we had $13.7 million reserved for these matters." 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