/raid1/www/Hosts/bankrupt/CAR_Public/231212.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, December 12, 2023, Vol. 25, No. 248
Headlines
351 NORTH AVON: Fails to Pay Proper Wages, Field Suit Alleges
AARON CORPORATION: Fails to Pay Proper Wages, Contreras Alleges
AERO GLOBAL: Mackey Alleges Caller ID Rule Violations Under FTSA
AEROVIRONMENT INC: Faces Bissing Class Suit in E.D. Virginia
AEROVIRONMENT INC: Labor Class Suit Discovery Ongoing
AETNA HEALTH: Kol Sues Over Unlawful Debt Collection Practices
AEVA TECHNOLOGIES: Wallace Alleges Board's Breach of Fiduciary Duty
AIR PRODUCTS: Parties Must Complete Discovery by Jan. 29, 2024
ALIGN TECHNOLOGY: November 17, 2023 Order Withdrawn in Simon Suit
ALIGN TECHNOLOGY: November 17, 2023 Order Withdrawn in Snow Suit
ALL-WAYS FORWARDING: Ying Seeks Class Rep's Service Awards
ALLIED WASTE: Bid to Seal Documents Granted in Chem Class Suit
ALLSTATE CORP: Must File Class Cert Response by Dec. 15
ALLSTATE INSURANCE: More Time for Class Cert Reply Filing Sought
ALPHA METALLURGICAL: Fails to Pay Proper Overtime Wages
AMAZON.COM INC: Parties Seek to Modify Class Cert. Briefing Sched
AMAZON.COM SERVICES: Martinez Seeks to Seal Exhibits in Class Suit
AMROCK LLC: Bucciero Suit Seeks FLSA Conditional Certification
ANTHONY WILL: Allen Suit Seeks to Certify Class of Prisoners
ARKANSAS: Farella Suit Seeks Class Certification
ARKANSAS: Must Response to Farella Class Cert Bid by Dec. 18
AT&T INC: Klein Suit Removed to C.D. California
AXON ENTERPRISE: Faces Antitrust Suits Over Competitor Acquisition
BANKERS TRUST: Jones Sues Over Unlawful Debit Cards' Overdraft Fees
BARTINO NEO: PHRC Placeholder Bid for Class Status Tossed
BOSTON FOUNDRY: Elseroad et al. Sue Over Cookware's False Claims
BUCKLE INC: Sornoso Alleges Unlawful Labor and Business Practices
CHARGEPOINT HOLDINGS: Khan Sues Over Misleading Statements
CLECO CORPORATE HOLDINGS: Securities Suit Settlement for Court Nod
COMMUNITY MOBILE: Fails to Pay OT Wages, Rendon et al. Say
COMPASS INC: Faces Batton Antitrust Suit in Illinois Court
COMPASS INC: Faces Gibson Antitrust Suit in Missouri Court
CRESCENT HOMES: Charges False Home Cost Escalation, Miller Says
DEL MONTE FOODS: Franklin Sues Over Deceptive Product Labeling
DESIGNS ON FIFT: Fails to Pay Proper Wages, Castro Alleges
DMS SOLUTIONS: Herod Sues Over Misclassification of Employees
DOLLAR GENERAL: Faces Suit Over Alleged Securities Law Violations
DREAMWORK AUTOMOTIVE: Fails to Pay OT Wages, Johnson & Alvarez Say
EDGEWELL PERSONAL: Parties Seek to Extend Class Cert. Deadlines
EDWARD JONES: Opposition to Class Cert. Bid Remains Under Seal
ELECTROMED INC: Settlement in Data Breach Suit Gets Final Nod
EMS MANAGEMENT: Murray Suit Transferred to D. Massachusetts
EMS MANAGEMENT: Robinson Suit Transferred to D. Massachusetts
ESSILORLUXOTTICA SA: Foster Alleges Antitrust Law Violations
EXECUTIVE LE SOLEIL: Fails to Pay Proper Wages, Nunez Alleges
FINANCIAL INSTITUTION: Kelley Suit Transferred to D. Massachusetts
FISKER INC: Zahabi Sues Over Exchange Act Violation
FLYING FOOD GROUP: Torres Suit Removed to C.D. California
FOGO DE CHAO: McClain Sues Over Unlawful Tip Pool Policies
FORCE 1 ONE: Fails to Pay Proper Wages, Bamond Alleges
G & M OIL: Fails to Pay Proper Wages, Ellsworth Suit Alleges
GAMESTOP INC: Chavez Suit Removed to C.D. California
GREYSTAR REAL: Cordeiro Sues Over Improper Eviction Legal Fees
HALO UNLIMITED: Fails to Pay Proper Wages, Abdalla Alleges
HENRY RESOURCES: Fails to Pay Overtime Wages, Casarez Suit Claims
HONOLULU STAR-ADVERTISER: Discloses Private Info to FB, Arora Says
INES BAKERY: Gonzalez and Hernandez Sue Over Labor Law Violations
INTERNATIONAL ASSOCIATION: Faces Certification Monopoly Suit
KYOCERA AVX: Fails to Prevent Data Breach, Dollar Alleges
LE SPOT RESTAURANT: Fails to Pay Proper Wages, Agbai Alleges
LINE FRIENDS INC: Melendez Files ADA Suit in E.D. New York
LOYOLA UNIVERSITY: Thorne Files ADA Suit in S.D. New York
MACYS.COM LLC: Barr Files Suit in M.D. Florida
MAJOR LEAGUE BASEBALL: Garrison Sues Over Global Fraud
MANHATTAN ORAL FACIAL: Stroude Files ADA Suit in E.D. New York
MARS PETCARE: Ruling on Class Certification Deferred in Moore Suit
MARTINREA JONESVILL: Fails to Pay Proper Wages, McClendon Claims
NATIONAL DENTEX: Tapia Suit Removed to C.D. California
NEW YORK, NY: Seeks More Time for Class Cert Response in Aboubakar
NEW YORK, NY: Seeks More Time for Class Cert Response in Brennan
NEW YORK, NY: Teagle Bid to Certify Class Stricken
NMSI INC: Park Sues Over Labor Code Violation
NYC PSYCHIATRIC: Martinez Files ADA Suit in E.D. New York
OPTION CARE ENTERPRISES: Gilbert Suit Removed to C.D. California
ORLIN & COHEN ORTHOPEDIC: Stroude Files ADA Suit in E.D. New York
PAPA INC: Filing for Class Certification Bid Due March 18, 2024
PBF ENERGY: Oil Facility Produces Toxins, Cruz Suit Alleges
PENSKE LOGISTICS: Nelson Sues Over Labor Law Breaches
PERRY JOHNSON: O'Neill and Moses Sue Over Alleged Data Breach
PHARAOH ENERGY: Suit Seeks to Certify Pharaoh Field Personnel Class
POWERLINE AUTO: Fails to Pay Proper Wages, Brown Suit Alleges
PROFESSIONAL PLATING: Fails to Pay Proper Wages, Braden Alleges
PROSEGUR SERVICES: Fails to Pay Proper Wages, Cameron Alleges
RALEIGH, NC: Fails to Pay Proper OT Wages, Edwards Suit Claims
RESURGENT CAPITAL: Sabbagh FDCPA Suit Removed to S.D. Florida
RLB FAMILY: Vargas Sues Over California Labor Code Breaches
ROXBURY CLINIC: Fails to Pay Proper Wages, Guglielmi Alleges
RUST-OLEUM CORP: Parties Seek to Modify Class Cert Hearing Date
SALVATION ARMY: Tassinari Bid to Unseal Docs OK'd
SCISSORTAIL ENERGY: Extension of Class Cert Bid Filing Sought
SHAMBAUGH & SON: Dominguez Suit Removed to C.D. California
SHERMAN BROS: Gomberg Files ADA Suit in E.D. Pennsylvania
STARBUCKS: Beltran-Campuzano Suit Removed to S.D. California
TOPANGA SOCIAL: Gibbs Alleges Underpayment of Minimum and OT Wages
UKG INC: Class Settlement in Cybersecurity Suit Gets Final Nod
UNITED STATES: Plaintiffs Withdraw Bid for Class Certification
UPMC WESTERN: Frenzel Alleges Wage & Hour Law Violations
US CELLULAR: Settles Consolidated Shareholder Suit After Mediation
VICTOR HILL: Breedlove Bid for Class Cert Denied w/o Prejudice
WATTS GUERRA: Niekamp and Hebrink Allege Attorney Free Fraud
WHEEL EQUIPMENT: Fails to Pay Proper Wages, Padua Alleges
YAZAM INC: Bid to Certify Class in Woodford Suit Denied as Moot
ZOBOX INC: Dematties Sues Over Debt Collection Practices
*********
351 NORTH AVON: Fails to Pay Proper Wages, Field Suit Alleges
-------------------------------------------------------------
CAILYNN FIELD, Individually and on behalf of all others similarly
situated, Plaintiff v. 351 NORTH AVON, INC. d/b/a Alexandris
Restaurant and ANASTASSIOS ALEXANDRIS, ARGYROULA KAKAVA SIDERIS,
GEORGE SIDERIS, Defendants, Case No. 1:23-cv-02302 (N.D. Ohio,
November 29, 2023) alleges violations of the Fair Labor Standards
Act and the Ohio Constitutional Law.
Plaintiff Cailynn Field was employed by Defendants from
approximately February 2023 to September 2023 as a non-exempt
tipped employee and server. Throughout her employment, Plaintiff
Field was subjected to the Defendant's unlawful practice of failing
to pay the federal and Ohio minimum wage for all hours worked, says
the suit.
The 351 North Avon, Inc. is an Ohio for-profit corporation with an
operating location at 146 Main St. Wadsworth, OH. [BN]
The Plaintiff is represented by:
Joseph F. Scott, Esq.
Ryan A. Winters, Esq.
SCOTT & WINTERS LAW FIRM, LLC
50 Public Square, Suite 1900
Cleveland, OH 44113
Telephone: (216) 912-2221
Facsimile: (440) 846-1625
E-mail: jscott@ohiowagelawyers.com
rwinters@ohiowagelawyers.com
- and -
Kevin M. McDermott II, Esq.
SCOTT & WINTERS LAW FIRM, LLC
Telephone: (216) 912-2221
Facsimile: (440) 846-1625
11925 Pearl Rd., Suite 310
Strongsville, OH 44136
E-mail: kmcdermott@ohiowagelawyers.com
AARON CORPORATION: Fails to Pay Proper Wages, Contreras Alleges
---------------------------------------------------------------
JUAN CARLOS GUEVARA CONTRERAS, individually and on behalf of all
others similarly situated, Plaintiffs v. AARON CORPORATION; LOS
ARADOS LLC; RAMIR3Z, LLC; AARON RAMIREZ CORONADO; and LAURA ARMAS,
Defendants, Case No. 2:23-cv-02492-SMB (D. Ariz., Nov. 30, 2023)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Contreras was employed by the Defendants as a cook.
AARON CORPORATION owned and operated as a franchisee chain of
"Filiberto's Mexican Food" restaurants with multiple locations in
Arizona. [BN]
The Plaintiff is represented by:
Clifford P. Bendau, II, Esq.
Christopher J. Bendau, Esq.
BENDAU & BENDAU PLLC
P.O. Box 97066
Phoenix, AZ 85060
Telephone: (480) 382-5176
Facsimile: (480) 304-3805
Email: cliffordbendau@bendaulaw.com
chris@bendaulaw.com
AERO GLOBAL: Mackey Alleges Caller ID Rule Violations Under FTSA
----------------------------------------------------------------
HUNTER MACKEY, individually and on behalf of all others similarly
situated, Plaintiff v. AERO GLOBAL, LLC, Defendant, Case No.
CACE-23-021615 (Fla. Cir., 18th Judicial, Broward Cty., November
27, 2023) seeks for injunctve and declaratory relief, and damages
for Defendant's violations of the Calller ID Rules of the Florida
Telephone Solicitation Act (FTSA).
Plaintiff Mackey alleges that the Defendant violated FTSA by
transmitting a phone number that was not capable of receiving phone
calls whent it made a telephonic sales calls by text message that
promoted Aerosoles.
Aero Global is a foreign limited liability company that sells
various goods throughout the United States through its online
store. [BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
AEROVIRONMENT INC: Faces Bissing Class Suit in E.D. Virginia
------------------------------------------------------------
AeroVironment Inc. disclosed in its Form 10-Q Report for the
quarterly period ending October 28, 2023 filed with the Securities
and Exchange Commission on December 5, 2023, that the Company faces
the Bissing class suit in the United States District court for the
Eastern District of Virginia.
On August 30, 2023, a securities class action complaint was filed
in the U.S. District Court for the Eastern District of Virginia by
Jesse Joseph Bissing naming AeroVironment; Wahid Nawabi, its
President and Chief Executive Officer; and Kevin McDonnell, its
Senior Vice President and Chief Financial Officer, as defendants.
See Bissing v. AeroVironment, Inc., No. 1:23-cv-01160 (E.D. Va.).
On November 1, 2023, the plaintiff filed a notice to voluntarily
dismiss the action in its entirety, without prejudice, against all
defendants.
The court ordered the dismissal on November 3, 2023.
The complaint asserted violations of Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, as amended, and Rule 10b-5
promulgated thereunder, claiming that the defendants made false and
materially misleading statements regarding revenue and earnings
guidance issued by the company for its fiscal year 2022.
The plaintiff sought to represent a proposed class of all persons
who purchased or otherwise acquired its common stock during the
period June 29, 2021 through December 7, 2021.
Aerovironment, Inc. is into multi-domain robotic systems and
related services based in Virginia.
AEROVIRONMENT INC: Labor Class Suit Discovery Ongoing
-----------------------------------------------------
AeroVironment Inc. disclosed in its Form 10-Q Report for the
quarterly period ending October 28, 2023 filed with the Securities
and Exchange Commission on December 5, 2023, that oral discovery is
ongoing for a labor class suit filed in California.
On August 9, 2021, a former employee filed a class action complaint
against AeroVironment in California Superior Court in Los Angeles,
California alleging various claims pursuant to the California Labor
Code related to wages, meal breaks, overtime and other
recordkeeping matters.
The complaint seeks a jury trial and payment of various alleged
unpaid wages, penalties, interest and attorneys' fees in
unspecified amounts.
The Company filed its answer on December 16, 2021.
Written and oral discovery are ongoing.
Aerovironment, Inc. is into multi-domain robotic systems and
related services based in Virginia.
AETNA HEALTH: Kol Sues Over Unlawful Debt Collection Practices
--------------------------------------------------------------
MARTIN KOL, individually and behalf of all those similarly
situated, Plaintiff v. AETNA HEALTH INC. DBA AETNA CVSHEALTH,
Defendant, Case No. CACE-23-021616 (Fla. Cir., 17th Judicial,
Broward Cty., November 27, 2023) alleges violations of the Florida
Consumer Collection Practices Act.
On October 6, 2023, the Defendant sent a consumer debt-related
electronic mail communication to Plaintiff. However, the
communication was sent at 6:13 AM in Plaintiff's time zone. In
addition, the Defendant did not have the consent of Plaintiff to
communicate with Plaintiff between the hours of 9:00 PM and 8:00
AM. Accordingly, Plaintiff seeks all available relief the court
deems appropriate under the circumstances.
Based in Plantation, FL, Aetna is an American managed health care
company that offers health care insurance and related services to
individuals and families. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
AEVA TECHNOLOGIES: Wallace Alleges Board's Breach of Fiduciary Duty
-------------------------------------------------------------------
ANITA WALLACE, on behalf of herself and all other similarly
situated stockholders of AEVA TECHNOLOGIES, INC., Plaintiff, v.
SOROUSH SALEHIAN DARDASHTI, CHRISTOPHER EBERLE, SHAHIN FARSCHI,
ERIN POLEK, MINA REZK, HRACH SIMONIAN, STEFAN SOMMER, STEPHEN
ZADESKY, and AEVA TECHNOLOGIES, INC., Defendants, Case No.
2023-1187 (Del. Ch., November 27, 2023) alleges breach of fiduciary
by the Board in connection with the solicitation of stockholder
approval of the issuance of equity securities to entities
affiliated with Sylebra Capital Limited, a related party, and the
Board's dissemination of a preliminary proxy statement in
connection with the solicitation of proxies to obtain the
Stockholder Approval that omits material facts in violation of the
Board's duty to disclose all available material information when
seeking stockholder action.
Plaintiff Wallace alleges that, among other things, the preliminary
proxy statement fails to disclose any information concerning the
background, process, or negotiations between Aeva and Sylebra
concerning the standby equity purchase agreement on November 8,
2023. In addition, the proxy statement also failed to disclose any
information regarding the basis for, and process leading to, the
Board’s determination to recommend that stockholders approve the
Subject Share Issuance Proposal and/or the determination by the
audit committee of the Board to recommend that the Board approve
the Common Stock Financing Transactions, says the suit.
Aeva is Delaware corporation that designs a 4D LiDAR-on-chip that,
along with its proprietary software applications, has the potential
to enable the adoption of LiDAR across broad applications from
automated driving to consumer electronics, consumer health,
industrial automation and security application. [BN]
The Plaintiffs are represented by:
Abbott Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street, Suite 700R
Stamford, CT 06902
Telephone: (475) 477-5031
- and -
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Boulevard, Suite 100
Newtown Square, PA 19074
Telephone: (888) 715-1740
- and -
Blake A. Bennett, Esq.
Dean R. Roland, Esq.
COOCH AND TAYLOR P.A.
The Brandywine Building
1000 N. West Street, Suite 1500
Wilmington, DE 19801
Telephone: (302) 984-3889
AIR PRODUCTS: Parties Must Complete Discovery by Jan. 29, 2024
--------------------------------------------------------------
In the class action lawsuit captioned as CAMCARA, INC. d/b/a AST
WATERJET, individually, and on behalf of all others similarly
situated, v. AIR PRODUCTS AND CHEMICALS, INC., Case No.
5:21-cv-02264-JLS (E.D. Pa.), the Hon. Judge Edward G. Smith
entered an second amended scheduling order:
1. The plaintiff's motion for extension of time to complete
discovery is granted;
2. The court's August 1, 2023 Amended Scheduling Order is
amended as follows:
a. The parties shall complete all class action fact discovery
by
January 29, 2024;
b. The plaintiff is limited to serving, at maximum, an
additional 5 interrogatories and an additional 5 requests
for
admission upon the defendant;
c. Counsel for the plaintiff shall serve upon counsel for the
defendant the information referred to in Federal Rule of
Civil Procedure 26(a)(2)(B) by expert report or answer to
expert interrogatory no later than February 28, 2024.
Counsel for the defendant shall serve any rebuttal
reports
on counsel for the plaintiff no later than March 29,
2024.
The parties shall conclude expert depositions, if any, no
later than April 12, 2024;
d. The plaintiff shall file a motion for class certification
and supporting brief by April 24, 2024;
e. The defendant shall file a brief in opposition to the
motion
for class certification by May 24, 2024;
f. The plaintiff shall file a reply brief in further support
of
its motion for class certification by June 7, 2024; and
g. The court will hold an oral argument on the motion for
class certification on Thursday, June 13, 2024, at 10:00
a.m., at the Holmes Building, 101 Larry Holmes Drive, 4th
Floor, Easton, Pennsylvania 18042; and
3. The parties shall meet and confer to discuss the remaining
discovery disputes on the topics of (1) invoice data, (2)
justification packages, (3) incentive and productivity
documents, (4) board of director meeting materials, and (5)
income statements. Counsel shall notify the court to request
an
additional telephone conference if they cannot resolve these
additional matters.
Air Products is an American international corporation whose
principal business is selling gases and chemicals for industrial
uses.
A copy of the Court's order dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3uFGwsH at no extra charge.[CC]
ALIGN TECHNOLOGY: November 17, 2023 Order Withdrawn in Simon Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as Simon and Simon, PC v.
Align Technology, Inc., Case No. 20-cv-03754-VC (N.D. Cal.), the
Hon. Judge Vince Chhabria entered an order Withdrawing Prior Order
Regarding Class Certification:
The Order Granting in Part and Denying in Part Class Certification
that was issued on November 17, 2023, is withdrawn.
Align is an American manufacturer of 3D digital scanners and
Invisalign clear aligners used in orthodontics.
A copy of the Court's order dated Nov. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/486fmJT at no extra charge.[CC]
ALIGN TECHNOLOGY: November 17, 2023 Order Withdrawn in Snow Suit
----------------------------------------------------------------
In the class action lawsuit captioned as MISTY SNOW, et al., v.
ALIGN TECHNOLOGY, INC., Case No. 21-cv-03269-VC (N.D. Cal.), the
Hon. Judge Vince Chhabria entered an order Withdrawing Prior Order
Regarding Class Certification:
The Order Granting in Part and Denying in Part Class Certification
that was issued on November 17, 2023, is withdrawn.
Align is an American manufacturer of 3D digital scanners and
Invisalign clear aligners used in orthodontics.
A copy of the Court's order dated Nov. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3RpHXEi at no extra charge.[CC]
ALL-WAYS FORWARDING: Ying Seeks Class Rep's Service Awards
----------------------------------------------------------
In the class action lawsuit captioned as JUSTIN YING, on behalf of
himself and others similarly situated, v. ALL-WAYS FORWARDING OF
N.Y. INC. f/k/a All Ways Forwarding of N.Y. Inc. f/k/a All Ways
Forwarding International of N.Y., Inc. f/k/a All Ways Forwarding
International Inc., ALL-WAYS FORWARDING INT'L INC., ALL-WAYS
PACIFIC LLC, ALL-WAYS FORWARDING HOLDINGS LLC, SOLOMON WEBER, and
DAVID PASKES, Case No. 1:20-cv-06242-ENV-MMH (E.D.N.Y.), the
Plaintiff asks the Court to enter an order granting service awards
for the class representative Justin Ying in the amount of
$30,000.00, to be paid from the Settlement Fund, in recognition of
the services he has rendered on behalf of the Class, pursuant to
the terms of the Parties' Settlement Agreement and Release.
All-Ways operates as logistics service provider.
A copy of the Plaintiff's motion dated Nov. 22, 2023 is available
from PacerMonitor.com at https://bit.ly/3RoZWeb at no extra
charge.[CC]
The Plaintiff is represented by:
Aaron B. Schweitzer, Esq.
John Troy, Esq.
Tiffany Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
E-mail: troylaw@troypllc.com
ALLIED WASTE: Bid to Seal Documents Granted in Chem Class Suit
--------------------------------------------------------------
In the class action lawsuit captioned as QIHAI CHEN and DUALTONE
AUTOMOTIVE, INC., on behalf of themselves and all others similarly
situated, v. ALLIED WASTE SYSTEMS, INC., and DOES 1-50, Case No.
3:22-cv-00099-JO-AHG (S.D. Cal.), the Hon. Judge Jinsook Ohta
entered an order granting the Defendant's motion to seal and
denying the Plaintiffs' motion to seal:
The Court says that because the Plaintiffs have not met their
burden of establishing a compelling reason, the Court denies the
Plaintiffs' motion to seal.
Allied Waste requested to seal certain exhibits in support of their
opposition to Plaintiffs' class certification motion.
The Defendant seeks to seal portions of documents that contain its
customer pricing terms. The Plaintiff, on the other hand, seeks to
seal excerpts from the deposition transcript of Javara Perrilliat,
a company witness for Defendant.
Allied provides waste collection, waste treatment and disposal,
waste management and remediation services.
A copy of the Court's order dated Nov. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/486fV6t at no extra charge.[CC]
ALLSTATE CORP: Must File Class Cert Response by Dec. 15
-------------------------------------------------------
In the class action lawsuit captioned as Shannon, et al., v. The
Allstate Corporation, Case No. 1:20-cv-00448 (W.D. Tex., Filed
April 28, 2020), the Hon. Judge Alan D. Albright entered an order
order on motion for extension of time to File Response/Reply
Plaintiffs' Reply in support of Plaintiffs' Motion for Class
Certification shall be due on or before December 15, 2023.
The nature of suit states Torts - Personal Property - Other Fraud.
Allstate is an American insurance company.[CC]
ALLSTATE INSURANCE: More Time for Class Cert Reply Filing Sought
----------------------------------------------------------------
In the class action lawsuit captioned as SARA SHANNON and ROSA
PALACIOS, Individually and on behalf of all others similarly
situated, v. ALLSTATE INSURANCE COMPANY, Case No.
1:20-cv-00448-ADA-ML (W.D. Tex.), the Plaintiffs ask the Court to
enter an order extending their class certification reply brief
deadline by one week from December 8, 2023 to December 15, 2023.
The Defendant has stated that Plaintiffs "can mark the motion as
unopposed," but requested that Plaintiffs include this
clarification of Allstate's nonopposition:
"AIC does not believe that an extension of the schedule is
warranted under the circumstances. However, AIC will not be
filing
an opposition to Plaintiffs’ Motion."
The Plaintiffs Sara Shannon and Rosa Palacios, who file this Motion
seeking a modification of the Amended Scheduling Order entered on
October 2, 2023.
Specifically, the Plaintiffs request that the Court Allstate filed
its Opposition to Plaintiffs' Motion for Class Certification on
September 29, 2023.
Allstate offers auto, home life insurances policies.
A copy of the Plaintiff's motion dated Nov. 22, 2023 is available
from PacerMonitor.com at https://bit.ly/4a1fz2K at no extra
charge.[CC]
The Plaintiffs are represented by:
John R. Davis, Esq.
Michael L. Slack, Esq.
SLACK DAVIS SANGER, LLP
6001 Bold Ruler Way, Suite 100
Austin, TX 78746
Telephone: (512) 795-8686
Facsimile: (512) 795-8787
E-mail: jdavis@slackdavis.com
mslack@slackdavis.com
- and -
Joe K. Longley, Esq.
LAW OFFICES OF JOE K. LONGLEY
3305 Northland Dr. Suite 500
Austin, TX 78731
Telephone: (512) 477-4444
Facsimile: (512) 477-4470
E-mail: joe@joelongley.com
- and -
Roger N. Heller, Esq.
Jalle H. Dafa, Esq.
Kenneth S. Byrd, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: rheller@lchb.com
jdafa@lchb.com
eballan@lchb.com
kbyrd@lchb.com
ALPHA METALLURGICAL: Fails to Pay Proper Overtime Wages
-------------------------------------------------------
RICKY ELLIS, on behalf of himself and all others similarly
situated, Plaintiff v. ALPHA METALLURGICAL RESOURCES, Defendant,
Case No. 1:23-cv-01353-UNA (D. Del., November 28, 2023) seeks to
address the Defendants' policies and practices that violated the
Fair Labor Standards Act.
The Plaintiff and other similarly situated employees worked for
Defendant as hourly, non-exempt underground coal mining employees
in Defendant's underground coal mines. Throughout their employment,
they regularly worked more than 40 hours per workweek. However,
they were not paid for the time spent doffing their safety clothing
and other protective equipment and putting away their tools and
equipment at the end of their shift, says the Plaintiff.
Headquartered in Bristol, TN, Alpha Metallurgical Resources is
Delaware corporation owns and operates underground coal mines in
Virginia and West Virginia. [BN]
The Plaintiff is represented by:
Daniel C. Herr, Esq.
LAW OFFICE OF DANIEL C. HERR LLC
1225 North King Street, Suite 1000
Wilmington, DE 19801
Telephone: (302) 483-7060
E-mail: dherr@dherrlaw.com
- and -
Shannon M. Draher, Esq.
NILGES DRAHER LLC
7034 Braucher Street, NW, Suite B
North Canton, OH 44720
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: sdraher@ohlaborlaw.com
- and -
Jeffrey J. Moyle, Esq.
1360 East 9th Street, Ste. 808
Cleveland, OH 44114
Telephone: (216) 230-2944
Facsimile: (330) 754-1430
E-mail: jmoyle@ohlaborlaw.com
AMAZON.COM INC: Parties Seek to Modify Class Cert. Briefing Sched
-----------------------------------------------------------------
In the class action lawsuit captioned as YASMINE MAHONE, an
individual, and BRANDON TOLE, an individual, on behalf of
themselves and all others similarly situated, v. AMAZON.COM, INC.,
a Delaware corporation, AMAZON.COM SERVICES LLC; a Delaware Limited
Liability Company; AMAZON.COM DEDC, LLC; a Delaware Limited
Liability Company; and AMAZON.COM KYDC LLC, a Delaware Limited
Liability Company, Case No. 2:22-cv-00594-MJP (W.D. Wash.), the
parties request a modest modification to the class-certification
briefing schedule in light of additional discovery undertaken
pursuant to the Court's Order on the parties Rule 37 Submissions.
On April 10, 2023, the Court issued a Case Scheduling Order. On
July 20, 2023, the Court granted the parties’ stipulated motion
to extend certain class certification related deadlines.
After the parties made good faith efforts to complete all class
discovery within the scheduled time frame, the parties agreed to
utilize the expedited joint motion procedure under LCR 37 to
resolve a few discrete outstanding discovery disputes.
On September 5, 2023, the Court granted the parties' stipulated
motion to extend certain class certification-related deadlines and
to set a briefing schedule for the expedited joint motion procedure
under LCR.
On October 13, 2023, while the LCR 37 submissions were pending
before the Court, Plaintiffs filed their Motion for Class
Certification. The deadline for Amazon's Response to the Motion for
Class Certification is currently December 15, 2023, and the
deadline for Plaintiffs' Reply is currently January 15, 2024.
Amazon.com is an American multinational technology company focusing
on e-commerce, cloud computing, online advertising, digital
streaming, and artificial intelligence.
A copy of the Parties' motion dated Nov. 22, 2023 is available from
PacerMonitor.com at https://bit.ly/3sYlwwJ at no extra charge.[CC]
The Plaintiffs are represented by:
Daniel Kalish, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
600 Stewart Street, Suite 901
Seattle, WA 98101
Telephone: (206) 826-5354
E-mail: dkalish@hkm.com
- and -
Brian J. Lawler, Esq.
PILOT LAW, P.C.
4632 Mt. Gaywas Dr.
San Diego, CA 92117
Telephone: (619) 255-2398
E-mail: blawler@pilotlawcorp.com
- and -
Gene J. Stonebarger, Esq.
STONEBARGER LAW, APC
101 Parkshore Dr., Suite 100
Folsom, CA 95630
Telephone: (916) 235-7140
E-mail: gstonebarger@stonebargerlaw.com
- and -
Kevin L. Wilson, Esq.
KEVIN WILSON LAW PLLC
3110 Horton Avenue
Louisville, KY 40220
Telephone: (502) 276-5050
E-mail: kevin@klwilsonlaw.com
The Defendants are represented by:
Andrew E. Moriarty, Esq.
Heather L. Shook, Esq.
Shannon McDermott, Esq.
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: (206) 359-8000
Facsimile: (206) 359-9000
E-mail: AMoriarty@perkinscoie.com
HShook@perkinscoie.com
SMcDermott@perkinscoie.com
- and -
Jason C. Schwartz, Esq.
Brian A. Richman, Esq.
Lauren M. Blas, Esq.
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Telephone: (202) 955-8500
Facsimile: (202) 467-0539
E-mail: JSchwartz@gibsondunn.com
BRichman@gibsondunn.com
LBlas@gibsondunn.com
AMAZON.COM SERVICES: Martinez Seeks to Seal Exhibits in Class Suit
------------------------------------------------------------------
In the class action lawsuit captioned as ESTEFANY MARTINEZ, v.
AMAZON.COM SERVICES, LLC, Case No. 1:22-cv-00502-BAH (D. Md.), the
Plaintiff moves the Court pursuant to the parties' stipulated
confidentiality order and Local Rules 104.13(c) and 105.11 for the
Court to seal certain exhibits in support of her "Motion for Class
Certification" as follows:
-- Amazon.com Services has designated certain documents produced
in
this case as "Confidential" and subject to sealing in
accordance
with the parties stipulated confidentiality order.
Amazon.com provides e-commerce services.
A copy of the Plaintiff's motion dated Nov. 21, 2023 is available
from PacerMonitor.com at https://bit.ly/3GruQw1 at no extra
charge.[CC]
The Plaintiff is represented by:
Brian J. Markovitz, Esq.
JOSEPH, GREENWALD & LAAKE, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
Telephone: (301) 220-2200
- and -
Peter Winebrake, Esq.
R. Andrew Santillo, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
AMROCK LLC: Bucciero Suit Seeks FLSA Conditional Certification
--------------------------------------------------------------
In the class action lawsuit captioned as PATSY BUCCIERO, JULIUS
BAUMGARDT, and RUTH GARDNER, individually and on behalf of all
others similarly situated, v. AMROCK, LLC, Case No.
7:23-cv-04953-PMH (S.D.N.Y.), the Plaintiffs ask the Court to enter
an order granting CONDITIONAL certification of the Fair Labor
Standards Act (FLSA) collective, court-authorized notice, expedited
discovery, and equitable tolling of the statute of limitations
pursuant to the Fair Labor Standards Act (FLSA).
Amrock is an American provider of title insurance, property
valuations and settlement services.
A copy of the Plaintiffs' motion dated Nov. 28, 2023 is available
from PacerMonitor.com at https://bit.ly/3NeVKv4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Rachel M. Haskell, Esq.
THE LAW OFFICE OF CHRISTOPHER Q. DAVIS
225 Broadway, Suite 1803
New York, NY 10007
Telephone: (646) 430-7930
ANTHONY WILL: Allen Suit Seeks to Certify Class of Prisoners
------------------------------------------------------------
In the class action lawsuit captioned as Keith Allen, on their own
behalf and those similarly situated, v. Anthony Will, et al., Case
No. 3:23-cv-03775-DWD (S.D. Ill.), the Plaintiff asks the Court to
enter an order granting his motion for class certification pursuant
to the Federal Rules of Civil Procedure 23 and Local Civil Rule
23.1:
"All presently incarcerated within the Illinois Department of
Corrections."
A copy of the Plaintiff's motion dated Nov. 22, 2023 is available
from PacerMonitor.com at https://bit.ly/3N82Q4o at no extra
charge.
The Plaintiff appeas pro se.[CC]
ARKANSAS: Farella Suit Seeks Class Certification
------------------------------------------------
In the class action lawsuit captioned as ABIGAIL FARELLA and LOGAN
W. MURPHY, on behalf of themselves and all others similarly
situated, v. DISTRICT JUDGE A.J. ANGLIN, GREGG PARRISH, Executive
Director of Arkansas Public Defender Commission, and JAY SAXTON,
Chief Benton County Public Defender, Case No. 5:22-cv-05121-TLB
(W.D. Ark.), the Plaintiffs ask the Court to enter an order
granting their bid for class certification.
The Plaintiffs also seek to have Dough Norwood and Alison Lee be
the Class Counsel for the class.
A copy of the Plaintiffs' motion dated Nov. 20, 2023 is available
from PacerMonitor.com at https://bit.ly/3RmQiZw at no extra
charge.[CC]
The Plaintiffs are represented by:
Dough Norwood, Esq.
Alison Lee, Esq.
NORWOOD & NORWOOD P.A.
2001 South Dixieland Road
P.O. Box 1960
Rogers, AR 72757
E-mail: alison@norwwodattorneys.com
ARKANSAS: Must Response to Farella Class Cert Bid by Dec. 18
-------------------------------------------------------------
In the class action lawsuit captioned as ABIGAIL FARELLA and LOGAN
W. MURPHY, on behalf of themselves and all others similarly
situated, v. DISTRICT JUDGE A.J. ANGLIN, GREGG PARRISH, Executive
Director of Arkansas Public Defender Commission, and JAY SAXTON,
Chief Benton County Public Defender, Case No. 5:22-cv-05121-TLB
(W.D. Ark.), the Defendants ask the Court to enter an order
granting their unopposed motion to extend response deadline:
The Defendants request that this unopposed extension request be
granted by this Court, that Defendants' Response to Plaintiffs'
Motion for Class Certification be due on or before December 18,
2023, and for all other relief to which they are entitled.
The Plaintiffs filed a Motion for Class Certification on Nov. 20,
2023. The Defendants' Response to that Motion currently is due on
December 4, 2023.
The Plaintiffs' counsel has no objection to Defendants having up to
and including December 18, 2023, to file their response to
Plaintiffs' Motion for Class Certification.
Arkansas Public provides legal representation to indigent persons
charged with crimes.
A copy of the Defendants' motion dated Nov. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/4a2OXyn at no extra
charge.[CC]
The Defendants are represented by:
Marshall S. Ney, Esq.
Katherine C. Campbell, Esq.
Sarah J. Breeding, Esq.
FRIDAY, ELDREDGE & CLARK, LLP
3350 S. Pinnacle Hills Parkway, Suite 301
Rogers, AR 72758
Telephone: (479) 695-6049
Facsimile: (501) 244-5389
E-mail: mney@fridayfirm.com
kcampbell@fridayfirm.com
sbreeding@fridayfirm.com
- and -
Christine A. Cryer, Esq.
John Payne, Esq.
ARKANSAS ATTORNEY GENERAL'S OFFICE
323 Center Street, Suite 200
Little Rock, AR 72201
Telephone: (501) 682-2029
Facsimile: (501) 682-2591
E-mail: christine.cryer@arkansasag.gov
john.payne@arkansasag.gov
AT&T INC: Klein Suit Removed to C.D. California
-----------------------------------------------
The case captioned as Jeffrey Klein, individually, and on behalf of
all others similarly situated v. AT&T INC.; and DOES 1-10,
inclusive, Case No. 23STCV25089 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. 27, 2023, and assigned Case No. 2:23-cv-09979.
The Complaint alleges that AT&T Inc. violated California statutory
law in connection with its phone and internet services.
Specifically, Plaintiff alleges that AT&T Inc. falsely advertised
the reliability, coverage, and speed of its phone and internet
services, while billing for services which were not provided. The
Complaint asserts the following claims: violation of the False
Advertising Act, violation of the Unfair Competition Law, and
violation of the California Consumer Legal Remedies Act
("CLRA").[BN]
The Defendants are represented by:
Anand R. Sambhwani, Esq.
Justin J. Calderon, Esq.
KELLER/ANDERLE LLP
18300 Von Karman Avenue, Suite 930
Irvine, CA 92612
Phone: (949) 476-8700
Fax: (949) 476-0900
Email: asambhwani@kelleranderle.com
jcalderon@kelleranderle.com
AXON ENTERPRISE: Faces Antitrust Suits Over Competitor Acquisition
------------------------------------------------------------------
Axon Enterprise, Inc. disclosed in its Form 10-K report for the
quarterly period ended September 30, 2023, filed with the
Securities and Exchange Commission on November 7, 2023, that in
August 2023, the Township of Howell, New Jersey, filed a purported
class action in the District of New Jersey alleging Sherman and
Clayton Act violations based on allegations concerning the May 2018
acquisition of Vievu LLC, a manufacturer of body-worn cameras.
Subsequently, the City of Baltimore (MD) and the City of Augusta
(ME) filed suits making similar antitrust allegations.
Axon Enterprise, Inc. is a provider of law enforcement technology
solutions, headquartered in Scottsdale, Arizona.
BANKERS TRUST: Jones Sues Over Unlawful Debit Cards' Overdraft Fees
-------------------------------------------------------------------
STEPHANIE JONES, on behalf of herself and all others similarly
situated, Plaintiff v. BANKERS TRUST COMPANY, Defendant, Case No.
4:23-cv-00477-RGE-WPK (S.D. Iowa, November 29, 2023) seeks to
address the Defendant's unlawful business practice of assessing $33
Overdraft Fees on debit card transactions authorized on sufficient
funds, alleging claims against the Defendant for breach of
contract, including the duty of good faith and fair dealing, and
for violations of the Electronic Fund Transfers Act.
According to the complaint, the moment debit card transactions are
authorized on an account with positive funds to cover the
transaction, Defendant immediately reduces consumers' checking
accounts for the amount of the purchase, sets aside funds in the
checking account to cover that transaction, and adjusts the
consumer's displayed "available balance" to reflect that subtracted
amount. As a result, customers' accounts will always have
sufficient funds available to cover these transactions because
Defendant has already held the funds for payment. However,
Defendant still assesses crippling $33 OD Fees on many of these
transactions and misrepresents its practices in the Contract, says
the suit.
Bankers Trust Company is a bank with nearly $6 billion in assets.
It is engaged in the business of providing retail banking services
to consumers at its 20 locations in Iowa and Arizona. [BN]
The Plaintiff is represented by:
Roxanne Barton Conlin, Esq.
ROXANNE CONLIN & ASSOCIATES, P.C.
3721 SW 61st Street, Suite C
Des Moines, IA 50321
Telephone: (515) 283-1111
Facsimile: (515) 282-0477
E-mail: Roxanne@roxanneconlinlaw.com
- and -
David M. Berger, Esq.
Erin A. Barlow, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: dmb@classlawgroup.com
eab@classlawgroup.com
- and -
Shawn K. Judge, Esq.
Mark H. Troutman, Esq.
GIBBS LAW GROUP LLP
1554 Polaris Parkway, Suite 325
Columbus, OH 43240
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: skj@classlawgroup.com
mht@classlawgroup.com
- and -
Lynn A. Toops, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenandmalad.com
- and -
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: gstranch@stranchlaw.com
BARTINO NEO: PHRC Placeholder Bid for Class Status Tossed
---------------------------------------------------------
In the class action lawsuit captioned as PROGRESSIVE HEALTH AND
REHAB CORP., individually and on behalf of those similarly
situated, V. BARTINO NEO CO. d/b/a BrightStar Care-Cuyahoga West,
Case No. 1:23-cv-00668-MWM (S.D. Ohio), the Hon. Judge Matthew W.
McFarland entered an order as follows:
1. The Plaintiff's Motion for Leave to File a Placeholder Motion
for
Class Certification is denied, and
2. The Plaintiff's Placeholder Motion for Class Certification is
denied without prejudice.
Accordingly, Plaintiff's motion for leave to file a placeholder
class certification motion must be denied. The Plaintiff's
placeholder motion for class certification must also be denied
without prejudice to any forthcoming motion for class
certification.
On October 18, 2023, Plaintiff filed this action. This lawsuit
arises out of allegedly unsolicited faxes sent out by Defendant to
Plaintiff. The Plaintiff alleges that it received several
unsolicited faxes from Defendant that did not contain optout
language mandated by the Telephone Consumer Protection Act
("TCPA").
The Plaintiff now brings a claim individually and on behalf of all
others similarly situated against Defendant for violating the TCPA.
Brightstar Care is a home care agency serving seniors in the
western suburbs of the Cleveland area.
A copy of the Court's order and opinion dated Nov. 21, 2023 is
available from PacerMonitor.com at https://bit.ly/3RdQY2e at no
extra charge.[CC]
BOSTON FOUNDRY: Elseroad et al. Sue Over Cookware's False Claims
----------------------------------------------------------------
SCOTT ELSEROAD, EVAN DOROSHEFF, DAVID ESTEY, JONATHAN SCHMIDT,
DARRICK THOMPSON, RYAN DISHMAN, BRENT MILLS, MONALISA BOJORQUEZ,
GIL REFAEL, and BEN LUCKADOO, individually and on behalf of all
others similarly situated, Plaintiffs v. BOSTON FOUNDRY, INC.,
d/b/a MADE IN COOKWARE, Defendant, Case No. 1:23-cv-01449 (W.D.
Tex., November 28, 2023) arises from the Defendant's conduct of
misleading consumers through its marketing related to its cookware
products, including claims related to the cookware being "nontoxic"
or "free from" certain chemicals.
The Plaintiffs allege that the Defendant is engaged in
greenwashing, which is an act of companies misleading consumers
regarding the company's environmental practices or the
environmental benefits of its products or services. Among other
things, the Defendant claims that their products are free from
perfluorooctanoic acid (PFOA), one of a number of perfluoroalkyl
and polyfluoroalkyl substances (PFAS) "forever chemicals," while
also admitting they are coated with polytetrafluoroethylene (PTFE)
and marketing PTFE as safe and inert. However, the PTFE compound
found in the non-stick coating of Defendant's cookware is a
fluoropolymer plastic compound that is silicone based and contains
both carbon and fluorine. It is therefore misleading for MIC to
represent to consumers that its cookware is "100% non-toxic" and
free from PFOA because the manufacturing process of cookware
containing PTFE is ridden with PFAS and PFOA, and heating PTFE
while cooking changes the molecular makeup of PTFE to one that more
closely resembles other PFAS and PFOA, say the Plaintiffs.
The Plaintiffs assert claims against the Defendant for breach of
express warranty, unjust enrichment, negligent misrepresentation,
and for violations of several state consumer protection laws,
including the California Consumer Legal Remedies Act and the
Illinois Consumer Fraud and Deceptive Business Practices Act.
Headquartered in Austin, TX, Boston Foundry, Inc., under the brand
name Made In Cookware, manufactures and sells stainless clad,
non-stick, carbon steel, enameled cast iron, and copper cookware.
MIC sells its products both online, including directly from its
website, https://madeincookware.com/, and through online retailers
like Amazon or Walmart. Defendant offers a variety of products,
including individual pans, pots, and woks, cookware sets, tabletop
sets, knives, and bakeware. [BN]
The Plaintiffs are represented by:
Joe Kendall,Esq.
KENDALL LAW GROUP, PLLC
3811Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Brian C. Gudmundson, Esq.
Rachel K. Tack, Esq.
ZIMMERMAN REED LLP
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: brian.gudmundson@zimmreed.com
rachel.tack@zimmreed.com
- and -
Christopher D. Jennings, Esq.
Tyler B. Ewigleben, Esq.
JOHNSON FIRM
610 President Clinton Avenue, Suite 300
Little Rock, AR 72201
Telephone: (501) 372-1300
E-mail: chris@yourattorney.com
tyler@yourattorney.com
BUCKLE INC: Sornoso Alleges Unlawful Labor and Business Practices
-----------------------------------------------------------------
ELLENA SORNOSO, individually and on behalf of all others similarly
situated, Plaintiffs v. THE BUCKLE, INC., a Nebraska Corporation;
Does 1 through 20, inclusive, Defendants, Case No. 23CV03268 (Cal.
Super., Butte Cty., November 27, 2023) alleges violations of the
California Unfair Competition Law and the California Labor Code.
Plaintiff Sornoso was employed by the Defendant as a non-exempt
assistant store manager of the Chico store from March 21, 2023, and
as a Store Manager from May 23, 2023, until she was terminated on
June 28, 2023. Throughout her employment, Plaintiff did not receive
any reimbursements for the required business expenses she incurred
in direct consequence of discharging her duties on behalf of the
Defendants. In addition, she was also subjected to the Defendant's
practices and policies of failing to pay overtime wages and failing
to provide meal and rest periods in accordance with California law,
says the Plaintiff.
Headquartered in Kearney, NE, The Buckle, Inc. operates 451 stores
that sells clothing, footwear, and accessories for men, women, and
children throughout the United States. [BN]
The Plaintiff is represented by:
Timothy B. Del Castillo, Esq.
Lisa L. Bradner, Esq.
Daniel Richardson, Esq.
CASTLE LAW: CALIFORNIA EMPLOYMENT COUNSEL, PC
2999 Douglas Blvd, Suite 180
Roseville, CA 95661
Telephone: (916) 245-0122
E-mail: tdc@castleemploymentlaw.com
lb@castleemploymentlaw.com
dr@castleemploymentlaw.com
CHARGEPOINT HOLDINGS: Khan Sues Over Misleading Statements
----------------------------------------------------------
FAROOQ KHAN, individually and on behalf of all others similarly
situated, Plaintiff v. CHARGEPOINT HOLDINGS, INC., PASQUALE ROMANO,
and REX S. JACKSON, Defendants, Case No. 5:23-cv-06172-PCP (N.D.
Cal., November 29, 2023) alleges violations of the Securities
Exchange Act of 1934.
Plaintiff Khan brings this class action on behalf of persons and
entities that purchased or otherwise acquired ChargePoint
securities between June 1, 2023 and November 16, 2023, inclusive.
Throughout the said period, the Defendants failed to disclose to
investors that, among other things, the Company was experiencing
higher component costs and supply overruns for first generation DC
charging products, and that, as a result, the Company was likely to
incur impairment charges that would adversely impact the Company's
profitability. As a result of Defendants' wrongful acts and
omissions, and the precipitous decline in the market value of the
Company's securities, Plaintiff and other Class members have
suffered significant losses and damages, says the suit.
Headquartered in Campbell, CA, ChargePoint provides networked
solutions for charging electric vehicles, including the ChargePoint
cloud subscription platform and charging hardware. Its common stock
trades on the New York Stock Exchange under the symbol "CHPT."
[BN]
The Plaintiff is represented by:
Robert V. Prongay, Esq.
Charles Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: rprongay@glancylaw.com
clinehan@glancylaw.com
prajesh@glancylaw.com
CLECO CORPORATE HOLDINGS: Securities Suit Settlement for Court Nod
------------------------------------------------------------------
Cleco Corporate Holdings LLC (formerly Cleco Corporation) disclosed
in its Form 10-Q report for the quarterly period ended September
30, 2023, filed with the Securities and Exchange Commission on
November 7, 2023, that in October 2023, two former executives of
the company and plaintiffs in a consolidated class action, after
mediation, entered into a memorandum of understanding for a class
action settlement under which all disputes and claims asserted
against the two former executives would be dismissed. The two
former executives filed motions for summary judgment in June 2023,
which the District Court denied in September 2023. The District
Court's final approval of the settlement is required before the
settlement becomes effective.
In December 2014, the plaintiffs in the consolidated action filed a
Consolidated Amended Verified Derivative and Class Action Petition
for Damages and Preliminary and Permanent Injunction. The three
actions filed in the Civil District Court for Orleans Parish were
captioned as follows, "Butler v. Cleco Corporation," No. 2014-10776
(filed November 7, 2014), "Creative Life Services, Inc. v. Cleco
Corporation," No. 2014-11098 (filed November 19, 2014), and "Cashen
v. Cleco Corporation," No. 2014-11236 (filed November 21, 2014).
In December 2014, the directors and Cleco filed declinatory
exceptions in each action on the basis that each action was
improperly brought in Orleans Parish and should either be
transferred to the Ninth Judicial District Court for Rapides Parish
or dismissed. Also, in December 2014, the plaintiffs in each action
jointly filed a motion to consolidate the three actions pending in
Orleans Parish and to appoint interim co-lead plaintiffs and
co-lead counsel.
In January 2015, the court in the Creative Life Services case
sustained the defendants' declinatory exceptions and dismissed the
case so that it could be transferred to the Ninth Judicial District
Court for Rapides Parish. In February 2015, the plaintiffs in
Butler and Cashen also consented to the dismissal of their cases
from Orleans Parish so they could be transferred to the Ninth
Judicial District Court for Rapides Parish. By operation of the
December 2014 order of the Ninth Judicial District Court for
Rapides Parish, the Butler, Cashen, and Creative Life Services
actions were consolidated into the actions pending in Rapides
Parish.
In February 2015, the Ninth Judicial District Court for Rapides
Parish held a hearing on a motion for preliminary injunction filed
by plaintiffs in the consolidated action seeking to enjoin the
shareholder vote for approval of the Cleco Partners, Merger Sub,
and Cleco Corporation merger. The District Court heard and denied
the plaintiffs' motion.
In June 2015, the plaintiffs filed their Second Consolidated
Amended Verified Derivative and Class Action Petition. Cleco filed
exceptions seeking dismissal of the second amended petition in July
2015. The LPSC voted to approve the 2016 Merger before the court
could consider the plaintiffs' peremptory exceptions.
In March 2016 and May 2016, the plaintiffs filed their Third
Consolidated Amended Verified Derivative Petition for Damages and
Preliminary and Permanent Injunction and their Fourth Verified
Consolidated Amended Class Action Petition, respectively. The
fourth amended petition, which remains the operative petition and
was filed after the 2016 Merger closed, eliminated the request for
preliminary and permanent injunction and also named an additional
executive officer as a defendant. The defendants filed exceptions
seeking dismissal of the fourth amended Petition. In September
2016, the District Court granted the exceptions of no cause of
action and no right of action and dismissed all claims asserted by
the former shareholders. The plaintiffs appealed the District
Court's ruling to the Louisiana Third Circuit Court of Appeal.
In December 2017, the Third Circuit Court of Appeal issued an order
reversing and remanding the case to the District Court for further
proceedings. In January 2018, Cleco filed a writ with the Louisiana
Supreme Court seeking review of the Third Circuit Court of Appeal's
decision. The writ was denied in March 2018 and the parties are
engaged in discovery in the District Court. In November 2018, Cleco
filed renewed exceptions of no cause of action and res judicata,
seeking to dismiss all claims. On December 21, 2018, the court
dismissed Cleco Partners and Cleco Holdings as defendants per the
agreement of the parties, leaving as the only remaining defendants
certain former executive officers and independent directors. The
District Court denied the defendants' exceptions on January 14,
2019. A hearing on the plaintiffs' motion for certification of a
class was scheduled for August 26, 2019; however, prior to the
hearing, the parties reached an agreement to certify a limited
class.
On September 7, 2019, the District Court certified a class limited
to shareholders who voted against, abstained from voting, or did
not vote on the 2016 Merger. On October 18, 2021, the District
Court issued an order consistent with a joint motion by the parties
to dismiss all claims against the former independent directors
leaving two former executives as the only remaining defendants.
Cleco is a regional energy company that conducts substantially all
of its business operations through its principal operating business
segment, Cleco Power. Cleco Power is a regulated electric utility
company that owns nine generating units with a total rated capacity
of 3,035 MW and serves approximately 293,000 customers in Louisiana
through its retail business and supplies wholesale power in
Louisiana and Mississippi.
COMMUNITY MOBILE: Fails to Pay OT Wages, Rendon et al. Say
----------------------------------------------------------
Marco Rendon; Ashley Salkey; Javonna Jenkins; Michael Tucker;
Anthony Castillo; Shariff Jamison; Malachi Whyte; Brandon Serrano;
and Earon Toliver, on behalf of themselves and others similarly
situated, Plaintiffs v. Community Mobile Testing, Inc.; and LabQ
Clinical Diagnostics LLC, Defendants, Case No. 1:23-cv-08744
(E.D.N.Y., November 28, 2023) alleges violations of the New York
Labor Law, the New York Code of Rules and Regulations, and the New
York Wage Theft Prevention Act.
One of the Plaintiffs, Marco Rendon, was employed by Defendants as
a COVID-19 tester, driver, and supervisor from approximately
November 2020 to May 2021, and then from approximately August 2021
to June 2022. Plaintiff Rendon regularly worked for more than 40
hours a week but was not paid for all overtime hours, including the
time he spent for commuting to different laboratory facilities at
the end of his shift, says the suit.
Community Mobile Testing, Inc. operates mobile COVID-19 testing
locations in New York. It also operates at least two
brick-and-mortar laboratory facilities in the state. [BN]
The Plaintiffs are represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatllc.com
COMPASS INC: Faces Batton Antitrust Suit in Illinois Court
----------------------------------------------------------
Compass, Inc. disclosed in its Form 10-Q report for the fiscal year
ended September 30, 2020, filed with the Securities and Exchange
Commission on November 7, 2023, that on November 2, 2023, counsel
for Mya Batton, Aaron Bolton, Michael Brace, Do Yeon Irene Kim,
Anna James, James Mullis, and Theodore Bisbicos filed a putative
class action against the company, eXp World Holdings, Inc., Redfin
Corporation, Weichert Realtors, United Real Estate Group, Howard
Hanna Real Estate Services, and Douglas Elliman, Inc. in the United
States District Court for the Northern District of Illinois.
The complaint alleges that the defendants entered into a continuing
contract, combination, or conspiracy to unreasonably restrain
interstate trade and commerce in violation of Section 1 of the
Sherman Act and state law antitrust statutes, violated state
consumer protection statutes, and were unjustly enriched by
industry rules that set the manner by which buyer's brokers are
compensated.
The case is captioned "Mya Batton, Aaron Bolton, Michael Brace, Do
Yeon Irene Kim, Anna James, James Mullis, and Theodore Bisbicos v.
Compass, Inc., eXp World Holdings, Inc., Redfin Corporation,
Weichert Realtors, United Real Estate Group, Howard Hanna Real
Estate Services, and Douglas Elliman, Inc."
Compass, Inc. provides an end-to-end platform for residential real
estate agents that services seller and buyer clients. It includes
an integrated suite of cloud-based software for customer
relationship management, marketing, client service and other
critical functionality, all custom-built for the real estate
industry, which enables the company's core brokerage services and
uses proprietary data, analytics, artificial intelligence, and
machine learning to deliver high value recommendations and outcomes
for compass agents and their clients.
COMPASS INC: Faces Gibson Antitrust Suit in Missouri Court
----------------------------------------------------------
Compass, Inc. disclosed in its Form 10-Q report for the fiscal year
ended September 30, 2020, filed with the Securities and Exchange
Commission on November 7, 2023, that on October 31, 2023, counsel
for Don Gibson, Lauren Criss, and John Meiners filed a putative
class action complaint against the Company, the National
Association of Realtors, eXp World Holdings, Inc., Redfin
Corporation, Weichert Realtors, United Real Estate, Howard Hanna
Real Estate, and Douglas Elliman, Inc. in the United States
District Court for the Western District of Missouri.
The complaint alleges that defendants engaged in a continuing
contract, combination, or conspiracy to unreasonable restrain
interstate trade and commerce in violation of Section 1 of the
Sherman Act by entering into a continuing agreement to require
sellers of residential property to make inflated payments to
brokers representing buyers.
The case is captioned "Don Gibson, Lauren Criss, and John Meiners
v. National Association of Realtors, Compass, Inc., eXp World
Holdings, Inc., Redfin Corporation, Weichert Realtors, United Real
Estate, Howard Hanna Real Estate Services, and Douglas Elliman,
Inc."
Compass, Inc. provides an end-to-end platform for residential real
estate agents that services seller and buyer clients. It includes
an integrated suite of cloud-based software for customer
relationship management, marketing, client service and other
critical functionality, all custom-built for the real estate
industry, which enables the company's core brokerage services and
uses proprietary data, analytics, artificial intelligence, and
machine learning to deliver high value recommendations and outcomes
for compass agents and their clients.
CRESCENT HOMES: Charges False Home Cost Escalation, Miller Says
---------------------------------------------------------------
Virginia and John Miller, individually, and on behalf of all others
similarly situated, Plaintiffs v. Crescent Homes, a/k/a Crescent
Homes CHS, LLC; and John Doe #1-15, Defendants, Case No. (November
27, 2023) asserts claims against the Defendants for, among other
things, negligence and gross negligence, unfair trade practices,
breach of fiduciary duty, and breach of contract accompanied by
fraudulent act.
On March 24, 2023, the Plaintiffs contracted with Crescent CHS to
purchase their home. However, on November 17, 2023, the Defendants
asserted to Plaintiffs that the cost of the home that they were
purchasing had increased in excess of $115,000.00 and they would
have to pay an additional $105,000.00 for their home or forfeit
their purchase rights. When Plaintiffs requested documentation of
the alleged increased cost, the Defendants, however, failed to
provide them and informed Plaintiffs that they can't share the cost
information with homebuyers pursuant to Crescent CHS's corporate
policy. Moreover, in their class action complaint, Plaintiffs
allege that the Defendants' attempt to charge a false cost
escalation and the Defendants' failure to document the basis of the
claimed escalation are deceptive and unfair acts, breaches of the
covenant of good faith and fair dealing, and constitute a
fraudulent breach of contract.
Headquartered in Charleston County, Crescent Homes owns and trades
as Crescenthomes.net and manages and operates the Crescent
homebuilding and sales operation. [BN]
The Plaintiffs are represented by:
Justin Lucey, Esq.
Charlotte B. Winckler, Esq.
JUSTIN O'TOOLE LUCEY, P.A.
415 Mill Street (29464)
Post Office Box 806
Mount Pleasant, SC 29465-0806
Telephone: (843) 849-8400
E-mail: jlucey@lucey-law.com
cwinckler@lucey-law.com
DEL MONTE FOODS: Franklin Sues Over Deceptive Product Labeling
--------------------------------------------------------------
Tisha Franklin, individually and on behalf of all others similarly
situated, Plaintiff v. Del Monte Foods, Inc., Defendant, Case No.
1:23-cv-08786 (E.D.N.Y., November 29, 2023) arises from the
Defendant's misrepresentations on the labels of fruit bowls and
canned fruits in violation of the New York's General Business Law
and of several state consumer protection statues, which prohibit
the use of deceptive, unfair, and misleading business practices in
the conduct of trade or commerce.
The Defendant claims that the said products are contained in "100%
Juice." It also reinforces these misrepresentations by adding
vignettes and display windows that purport to show the fruits and
the juices that comprise these products. Unbeknown to consumers,
however, these products all share common ingredients that belie
their "100% Juice" representations: citric acid and/or ascorbic
acid--two well-documented synthetic ingredients, says the suit.
Headquartered in Walnut Creek, CA, Del Monte Foods, Inc. is an
American food production and distribution company that
manufactures, packages, labels, advertises, markets, distributes
and/or sells fruit bowls and canned fruits in New York and
throughout the United States. [BN]
The Plaintiff is represented by:
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
140 Broadway, Suite 4667
New York, NY 10005
Telephone: (212) 884-4230
E-mail: adrian@gr-firm.com
DESIGNS ON FIFT: Fails to Pay Proper Wages, Castro Alleges
----------------------------------------------------------
JUAN CASTRO, individually and on behalf of all others similarly
situated, Plaintiff v. DESIGNS ON FIFT, LTD; and DAVID AMBALO,
Defendants, Case No. 1:23-cv-10351 (S.D.N.Y., Nov. 27, 2023) seeks
to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Castro was employed by the Defendants as a general
assistant.
DESIGNS ON FIFT, LTD is a jewelry manufacturer and wholesaler.
[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Telephone: (212) 203-2417
Email: www.StillmanLegalPC.com
DMS SOLUTIONS: Herod Sues Over Misclassification of Employees
-------------------------------------------------------------
DARYL HEROD, individually and for others similarly situated v. DMS
SOLUTIONS INC., Case No. 4:23-cv-04465 (S.D. Tex., November 28,
2023) seeks to recover unpaid overtime wages and other damages from
DMS Solutions Inc. under the Fair Labor Standards Act.
Plaintiff Herod worked for DMS as a Fleet Level Coordinator from
approximately April 2022 until October 2023. Throughout his
employment, DMS misclassified Herod as an independent contractor to
avoid paying him overtime wages. Instead, DMS paid Herod a day rate
with no overtime, says the Plaintiff.
Headquartered in Spring, TX, DMS is a staffing and consulting firm
that provides services and personnel to its oil and gas industry
clients across the country. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
-and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
DOLLAR GENERAL: Faces Suit Over Alleged Securities Law Violations
-----------------------------------------------------------------
WASHTENAW COUNTY EMPLOYEES' RETIREMENT SYSTEM, on behalf of itself
and all others similarly situated, Plaintiff v. DOLLAR GENERAL
CORPORATION, TODD J. VASOS, JEFFERY C. OWEN, JOHN W. GARRATT, and
KELLY M. DILTS, Defendants, Case No. 3:23-cv-01250 (M.D. Tenn.,
November 27, 2023) seeks to pursue remedies under the Securities
Exchange Act of 1934.
The securities fraud class action is brought on behalf of all
purchasers of Dollar General common stock between May 28, 2020 and
August 30, 2023, inclusive. Throughout the said period, the
Defendants failed to disclose the impact that Dollar General's
dilapidated stores and overpricing scheme had on Dollar General's
customers' spending or the need for the Company to take a
substantial write-down of its existing inventory. They also failed
to disclose the impact of the various regulatory enforcement
actions pending against the Company and the reduction in revenue
that would necessarily result when customers were no longer
overcharged at the register.
Moreover, Defendants' fraudulent scheme together with their false
and misleading statements and omissions caused Dollar General stock
to trade at artificially inflated prices throughout the class
period. As Defendants' misconduct -- and the consequences thereof
-- reached the market, Dollar General's stock price collapsed,
declining more than 45% from its class period high and causing
hundreds of millions of dollars in damages to Dollar General
investors, says the suit.
Headquartered in Goodlettsville, TN, Dollar General Corporation
operates a chain of discount stores. As of March 28, 2023, Dollar
General operated over 18,000 stores in the continental United
States and Mexico. Dollar General stock is traded in an efficient
market on the NYSE throughout the class period under the ticker
symbol "DG." [BN]
The Plaintiff is represented by:
Jerry E. Martin, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, LLC
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2202
Facsimile: (615) 252-3798
E-mail: jmartin@barrettjohnston.com
- and -
Christopher M. Wood, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2203
Facsimile: (615) 252-3798
E-mail: cwood@rgrdlaw.com
- and -
Darren J. Robbins, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
Brian E. Cochran, Esq.
655 W. Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: drobbins@rgrdlaw.com
bcochran@rgrdlaw.com
- and -
Samuel H. Rudman, Esq.
Mary K. Blasy, Esq.
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
E-mail: srudman@rgrdlaw.com
mblasy@rgrdlaw.com
- and -
Thomas C. Michaud, Esq.
VANOVERBEKE, MICHAUD & TIMMONY, P.C.
79 Alfred Street
Detroit, MI 48201
Telephone: (313) 578-1200
Facsimile: (313) 578-1201
E-mail: tmichaud@vmtlaw.com
DREAMWORK AUTOMOTIVE: Fails to Pay OT Wages, Johnson & Alvarez Say
------------------------------------------------------------------
NICHOLAS JOHNSON, and MELVIN ALVAREZ, individually and on behalf of
all other persons similarly situated, Plaintiffs v. DREAMWORK
AUTOMOTIVE CORP., BEASTMODE TOWING AUTOMOTIVE BK, and PEOPLE’S
CHOICE AUTOMOTIVE CORP., Jointly and Severally, Defendants, Case
No. 1:23-cv-08755 (E.D.N.Y., November 28, 2023) alleges violations
of the New York Labor Law, the New York State Human Rights Law, and
the New York City Human Rights Law.
The Defendants employed Plaintiff Johnson from June 14, 2023 to
August 29, 2023 while Plaintiff Alvarez was employed from June 26,
2023 to August 22, 2023. The Plaintiffs worked as tow truck drivers
and had primary duties that included towing vehicles for
Defendants' customers throughout New York State, and returning
Defendants' truck to its facilities at the end of his shift.
Throughout their employment, they regularly worked over 40 hours
each week. However, Defendants did not pay Plaintiffs overtime
premium pay for any hour worked above 40 in week. In addition, the
Defendants allegedly discriminated Plaintiff Johnson based on his
disability by unlawfully terminating his employment, the suit
contends.
Dreamwork Automotive is a domestic business corporation that is
organized under New York law and authorized to do business in the
State of New York. [BN]
The Plaintiffs are represented by:
Douglas B. Lipsky, Esq.
Frank J. Tantone, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170-1830
Telephone: (212) 392-4772
Facsimile: (212) 444-1030
E-mail: doug@lipskylowe.com
frank@lipskylowe.com
EDGEWELL PERSONAL: Parties Seek to Extend Class Cert. Deadlines
---------------------------------------------------------------
In the class action lawsuit captioned as KENNETH GLASSMAN,
individually and on behalf of all others similarly situated, v.
EDGEWELL PERSONAL CARE, LLC, Case No. 3:21-cv-07669-RS (N.D. Cal.),
the Parties stipulate for an order extending class certification
deadlines:
Event Current Proposed
Defendant's opposition to the Nov. 28, 2023 Dec. 12,
2023
motion for class certification
and disclosure of expert
reports deadline
Defendant's experts' discovery Jan. 29, 2024 Feb. 12,
2024
completion deadline
Plaintiff's reply to Defendant's Feb. 12, 2024 Mar. 11,
2024
opposition to class certification
and disclosure of rebuttal
expert reports deadline
Plaintiff's motion for class Feb. 29, 2024 Mar. 28,
2024
certification hearing
Edgewell is an American multinational consumer products company.
A copy of the Defendant's motion dated Nov. 22, 2023 is available
from PacerMonitor.com at https://bit.ly/3T9ifFr at no extra
charge.[CC]
The Plaintiff is represented by:
Timothy J. Peter, Esq.
Lisa Omoto, Esq.
FARUQI & FARUQI, LLP
1617 John F. Kennedy Boulevard, Suite 1550
Philadelphia, PA 19103
Telephone: (267) 536-2145
Facsimile: (215) 277-5771
E-mail: tpeter@faruqilaw.com
lomoto@faruqilaw.com
- and -
Neal J. Deckant, Esq.
Brittany S. Scott, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
bscott@bursor.com
- and -
Ryan J. Clarkson, Esq.
Shireen M. Clarkson, Esq.
Katherine A. Bruce, Esq.
Kelsey J. Elling, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
sclarkson@clarksonlawfirm.com
kbruce@clarksonlawfirm.com
kelling@clarksonlawfirm.com
The Defendant is represented by:
Thomas H. Davis, Esq.
Megan McCurdy, Esq.
Logan T. Fancher, Esq.
STINSON LLP
1201 Walnut, Suite 2900
Kansas City, MO 64106
Telephone: (816) 691-3439
Facsimile: (816) 412-1100
E-mail: thomas.davis@stinson.com
megan.mccurdy@stinson.com
logan.fancher@stinson.com
- and -
Danielle K. Lewis, Esq.
HAWKINS PARNELL & YOUNG LLP
33 New Montgomery, Suite 800
San Francisco, CA 94105
Telephone: (415) 766-3200
Facsimile: (415) 766-3250
E-mail: dlewis@hpylaw.com
EDWARD JONES: Opposition to Class Cert. Bid Remains Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as EDWARD ANDERSON, RAYMOND
KEITH CORUM, and JESSE AND COLLEEN WORTHINGTON, individually and on
behalf of all others similarly situated, v. EDWARD D. JONES & CO.,
L.P., Case No. 2:18-cv-00714-DJC-AC (E.D. Cal.), the Hon. Judge
Daniel J. Calabretta entered an order directing following documents
shall remain under seal:
-- EDJ's Opposition to Plaintiffs’ Motion for Class
Certification;
-- Declaration of Alexander K. Mircheff in Support of EDJ's
Opposition to Plaintiffs’ Motion for Class Certification;
-- EDJ's Daubert Motion to Exclude the Opinions and Testimony of
Scott Baggett;
-- Declaration of Alexander K. Mircheff in Support of EDJ’s
Daubert
Motion to Exclude the Opinions and Testimony of Scott Baggett;
-- EDJ's Daubert Motion to Exclude the Opinions and Testimony of
Dr.
William C. "Chuck" Easttom II;
-- Declaration of Alexander K. Mircheff in Support of EDJ's
Daubert
Motion to Exclude the Opinions and Testimony of Dr. William C.
"Chuck" Easttom II;
-- EDJ's Daubert Motion to Exclude the Opinions and Testimony of
Douglas Schulz; and
-- Declaration of Alexander K. Mircheff in Support of EDJ's
Daubert
Motion to Exclude the Opinions and Testimony of Douglas Schulz;
Edward D. Jones offers securities brokerage and investment advisory
services.
A copy of the Court's order dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/46GUCXR at no extra charge.[CC]
The Defendant is represented by:
Monica K. Loseman, Esq.
Alexander K. Mircheff, Esq.
GIBSON, DUNN & CRUTCHER LLP
1801 California Street, Suite 4100
Denver, CO 80202-2641
Telephone: (303) 298-5784
Facsimile: (303) 313-2828
E-mail: MLoseman@gibsondunn.com
AMircheff@gibsondunn.com
- and -
Bernard Suter, Esq.
KEESAL, YOUNG & LOGAN
568 Jackson Street
San Francisco, CA 94111
Telephone: (415) 398-6000
Facsimile: (415) 981-0136
E-mail: ben.suter@kyl.com
ELECTROMED INC: Settlement in Data Breach Suit Gets Final Nod
-------------------------------------------------------------
Electromed, 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 7, 2023, that
following a final approval hearing, the U.S. District Court of
Minnesota issued a judgment on July 10, 2023 granting a motion for
final approval of a settlement of a state court putative class
action lawsuit filed on September 8, 2021. Payment was made to the
settlement fund during the first quarter of fiscal 2024 for the
settlement amount of $825,000.
Suit, initially in state court, asserts injury resulting from a
previously announced data breach that impacted the company's
customer protected health information and employee personal
information and seeking compensatory damages, equitable relief, and
attorneys' fees and costs.
On October 6, 2021, the proceeding was removed to the District of
Minnesota. On November 11, 2021, the company moved to dismiss the
complaint in its entirety. Prior to the hearing on the motion to
dismiss, the parties agreed in principle to settle the case. The
parties have executed a settlement agreement and submitted a motion
to settle the class action. During January 2023, the settlement was
preliminarily approved. The hearing for final approval took place
on June 5, 2023.
Electromed, Inc. develops, manufactures and markets airway
clearance products that apply High Frequency Chest Wall Oscillation
therapy in pulmonary care for patients.
EMS MANAGEMENT: Murray Suit Transferred to D. Massachusetts
-----------------------------------------------------------
The case styled as Jasmine Murray, on behalf of herself and all
others similarly situated v. EMS Management & Consultants, Inc.,
Case No. 1:23-cv-00860 was transferred from the U.S. District Court
for the Middle District of North Carolina, to the U.S. District
Court for the District of Massachusetts on Nov. 27, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12863-ADB to the
proceeding.
The nature of suit is stated as Other Contract.
EMS|MC -- https://emsmc.com/ -- is a third-party billing agency for
EMS Services.[BN]
The Plaintiff is represented by:
Edward Ciolko, Esq.
Jennifer Sarah Czeisler, Esq.
STERLINGTON, PLLC
One World Trade Center, 85th Floor
New York, NY 10007
Phone: (610) 306-4413
Email: edward.ciolko@sterlingtonlaw.com
jen.czeisler@sterlingtonlaw.com
- and -
Joel Robert Rhine
RHINE LAW FIRM, P.C.
1612 Military Cutoff Rd., Suite 300
Wilmington, NC 28403
Phone: (910) 772-9960
Fax: (910) 772-9062
Email: jrr@rhinelawfirm.com
The Defendant is represented by:
Donavan J Hylarides, Esq.
WYATT EARLY HARRIS WHEELER, LLP
1912 Eastchester Drive, Suite 400
High Point, NC 27265
Phone: (336) 819-6009
Fax: (336) 819-6069
Email: dhylarides@wehwlaw.com
EMS MANAGEMENT: Robinson Suit Transferred to D. Massachusetts
-------------------------------------------------------------
The case styled as Edith Robinson, individually and on behalf of
all others similarly situated v. EMS Management & Consultants,
Inc., Case No. 1:23-cv-00921 was transferred from the U.S. District
Court for the Middle District of North Carolina, to the U.S.
District Court for the District of Massachusetts on Nov. 27, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12860-ADB to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
EMS|MC -- https://emsmc.com/ -- is a third-party billing agency for
EMS Services.[BN]
The Plaintiff is represented by:
Paul Doolittle, Esq.
Blake G. Abbott, Esq.
POULIN WILLEY & ANASTOPOULO
32 Ann St
Charleston, SC 29403
Phone: (843) 614-8888
Email: pauld@akimlawfirm.com
blake@akimlawfirm.com
- and -
Andrew Allen Lemmon, Esq.
LEMMON LAW FIRM (NO)
5301 Canal Blvd Ste A
New Orleans, LA 70124
Phone: (985) 783-6789
Email: andrew@lemmonlawfirm.com
The Defendant is represented by:
Lindsey W. Cooper, Jr., Esq.
Margarete L. Boyce, Esq.
THE LAW OFFICE OF L.W. COOPER JR.
36 Broad Street
Charleston, SC 29401
Phone: (843) 375-6622
Fax: (843) 375-6623
Email: lwc@lwcooper.com
linsay@lwcooper.com
- and -
Dustin J. Pitts, Esq.
Nicholas Paul Tierney, Esq.
LW COOPER JR LAW OFFICES
36 Broad Street
Charleston, SC 29401
Phone: (843) 619-3851
Email: djp@lwcooper.com
nick@lwcooper.com
ESSILORLUXOTTICA SA: Foster Alleges Antitrust Law Violations
------------------------------------------------------------
Tara Foster, individually and on behalf of all others similarly
situated, Plaintiff v. EssilorLuxottica S.A.; Luxottica Group
S.p.A.; Essilor International SAS; EssilorLuxottica USA Inc.;
Luxottica U.S. Holdings Corp.; Essilor Laboratories of America
Holding Co. Inc.; Luxottica of America, Inc.; Essilor of America
Inc.; EyeMed Vision Care, LLC; and Vision Source, LLC, Defendants,
Case No. (D. Minn., November 29, 2023) alleges that the Defendants
have violated the antitrust laws by engaging in anticompetitive
actions and by acquiring and maintaining a monopoly power.
EssilorLuxottica prevents authorized third-party retailers from
competing on price through the use of most favored nation and/or
minimum resale price maintenance agreements. In the rare instances
in which it does not own or have exclusive rights to distribute a
luxury brand, EssilorLuxottica has entered into long-term sales
agreements that permit it to sell those brands through its owned
and controlled retail channels, with terms that keep prices high
and prevent price competition at the retail level.
EssilorLuxottica also uses the leverage it possesses from its
ownership of leading vision care insurers and optometrist group
purchasing organizations to steer patients at thousands of
supposedly "independent" eyecare professionals toward purchasing
its own eyeglasses and sunglasses, rather than the products of its
few remaining competitors, the suit contends.
Based in France, EssilorLuxottica is the largest eyewear company in
the world. It owns more than 18,000 stores, including 3,800 stores
in North America. It was formed from the 2018 merger of Luxottica
Group S.p.A. and Essilor International SAS. [BN]
The Plaintiff is represented by:
Garrett D. Blanchfield, Esq.
Brant D. Penney, Esq.
Roberta A. Yard, Esq.
REINHARDT WENDORF & BLANCHFIELD
332 Minnesota Street, Suite W-1050
St. Paul, MN 55101
Telephone: (651) 287-2100
E-mail: g.blanchfield@rwblawfirm.com
b.penney@rwblawfirm.com
r.yard@rwblawfirm.com
- and -
William G. Caldes, Esq.
Jeffery L. Spector, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
E-mail: BCaldes@srkattorneys.com
JSpector@srkattorneys.com
EXECUTIVE LE SOLEIL: Fails to Pay Proper Wages, Nunez Alleges
-------------------------------------------------------------
ALFREDO NUNEZ; and JOSEPH TEJEDA, individually and on behalf of all
others similarly situated, Plaintiffs v. EXECUTIVE LE SOLEIL NEW
YORK LLC, Defendant, Case No. 619208/2023 (N.Y. Sup., Nassau Cty.,
Nov. 27, 2023) seeks to recover from the Defendants unpaid wages,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
The Plaintiffs were employed by the Defendant as bellhops.
EXECUTIVE LE SOLEIL NEW YORK LLC operates in the hotel industry,
offering boutique hotel experience located in New York City. [BN]
The Plaintiff is represented by:
Brett R. Cohen, Esq.
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
FINANCIAL INSTITUTION: Kelley Suit Transferred to D. Massachusetts
------------------------------------------------------------------
The case styled as David Kelley, on behalf of himself individually
and on behalf of all others similarly situated v. Financial
Institution Service Corp., Case No. 3:23-cv-01387 was transferred
from the U.S. District Court for the Western District of Louisiana,
to the U.S. District Court for the District of Massachusetts on
Nov. 27, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12858-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Breach of Contract.
Financial Institution Service Corp. (FISC) -- https://fiscdp.com/
-- offers the latest in state-of-the-art data processing technology
along with check imaging services, document management and internet
banking.[BN]
The Plaintiff is represented by:
Andrew Lemmon, Esq.
LEMMON LAW FIRM LLC
5301 Canal Blvd., Ste. A
New Orleans, LA 70124
Phone: (985) 783-6789
Email: alemmon@milberg.com
- and -
Gary M. Klinger, Esq.
MASON LIETZ& KLINGEDR
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (773) 545-9607
Email: gklinger@milberg.com
FISKER INC: Zahabi Sues Over Exchange Act Violation
---------------------------------------------------
Mohamed A. Zahabi, Individually and On Behalf of All Others
Similarly Situated v. FISKER INC., HENRIK FISKER, GEETA
GUPTA-FISKER, and JOHN FINNUCAN, Case No. 2:23-cv-09976 (C.D. Cal.,
Nov. 27, 2023), is brought on behalf of persons and entities that
purchased or otherwise acquired Fisker securities between August 4,
2023 and November 20, 2023, inclusive (the "Class Period") and
pursues claims against the Defendants under the Securities Exchange
Act of 1934 (the "Exchange Act").
The Company went public in October 2020 via reverse merger with a
special purpose acquisition company called Spartan Energy
Acquisition Corp. The Company has one model currently launched, the
Fisker Ocean (the "Ocean"), an electric vehicle which was released
in the United States in June 2023.
On November 8, 2023, before the market opened, Fisker announced
that the completion of the Company's financial statements would be
delayed due to the appointment of a new chief accounting officer
("CAO") and the departure of the Company's former CAO. The Company
had previously announced former CAO, Defendant John Finnucan
("Finnucan") provided notice of intent to resign on September 19,
2023, as effective October 27, 2023. Fisker's new CAO, Florus
Beuting ("Beuting"), was hired effective as of November 6, 2023.
The Company advised it "expects to file its Form 10-Q by November
14, 2023." On this news, the Company's share price fell $0.38, or
8.7%, to close at $3.99 per share on November 8, 2023, on unusually
heavy trading volume.
Then, on November 13, 2023, after the market closed, Fisker
announced its third quarter 2023 financial results, reporting a
loss of $91.0 million and $0.27 loss per share. The Company also
reported $78.02 million in selling, general and administrative
operating costs and expenses, as well as $9.42 million for research
and development, totaling $87.44 million for total operating costs
and expenses for the three months ended September 30, 2023. On that
same day, the Company held an earnings call wherein Defendants
disclosed that the delay in reporting was due to having a "highly
complex quarter" including "very complex accounting along with
convertible notes and accounting for derivative" and "things like
raw material inventory accounting and finished goods inventory
accounting." The Company also disclosed that "delivery and the
service infrastructure" was limiting deliveries and, as a result,
the Company was "in the process of dramatically overhauling our
service and delivery infrastructure." On this news, the Company's
share price fell $0.77, or 18.7%, to close at $3.34 per share on
November 14, 2023, on unusually heavy trading volume.
On November 20, 2023, after the market closed, the Company
disclosed that Beuting (the CAO hired November 6, 2023) had
provided notice of his intent to resign from the Company on
November 14, 2023, effective immediately. On this news, the
Company's share price fell $0.35, or 15%, to close at $2.00 per
share on November 21, 2023, on unusually heavy trading volume.
The Defendants made materially false and/or misleading statements,
as well as failed to disclose material adverse facts about the
Company's business, operations, and prospects. Specifically,
Defendants failed to disclose to investors: that Fisker had a
material weakness in its internal control over financial reporting;
that Fisker had incorrectly accounted for certain costs; that as a
result the Company was likely to delay filing its quarterly report;
that Fisker's infrastructure was limiting its ability to deliver
its production; and that, as a result of the foregoing, Defendants'
positive statements about the Company's business, operations, and
prospects were materially misleading and/or lacked a reasonable
basis. As a result of Defendants' wrongful acts and omissions, and
the precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, says the complaint.
The Plaintiff purchased Fisker common stock
Fisker is an electric vehicle company based in California.[BN]
The Plaintiff is represented by:
Robert V. Prongay, Esq.
Charles Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 201-9150
Facsimile: (310) 201-9160
Email: rprongay@glancylaw.com
clinehan@glancylaw.com
prajesh@glancylaw.com
FLYING FOOD GROUP: Torres Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Maria Torres, and other similarly situated v.
FLYING FOOD GROUP, LLC, a Delaware limited liability company; and
DOES 1-5, inclusive, Case No. 23STCV23422 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. 27, 2023, and assigned Case No. 2:23-cv-09980.
The Complaint asserts six causes of action against FFG: violation
of Los Angeles Living Wage Ordinance (LWO); underpayment of
overtime wages in violation of California Labor Code; underpayment
of non-overtime wages in violation of California Labor Code;
failure to pay all wages due upon termination in violation of
California Labor Code; failure to provide accurate itemized wage
statements in violation of California Labor Code; and violation of
California Business & Professions Code (UCL).[BN]
The Defendants are represented by:
Ruth Zadikany, Esq.
C. Mitchell Hendy, Esq.
MAYER BROWN LLP
333 S. Grand Avenue, 47th Floor
Los Angeles, CA 90071
Phone: (213) 229-9500
Facsimile: (213) 625-0248
Email: rzadikany@mayerbrown.com
mhendy@mayerbrown.com
FOGO DE CHAO: McClain Sues Over Unlawful Tip Pool Policies
----------------------------------------------------------
JESSICA MCCLAIN, individually and on behalf of all others similarly
situated, Plaintiff v. FOGO DE CHAO, INC., a Delaware corporation,
Defendant, Case No. 1:23-cv-16317 (N.D. Ill., November 28, 2023)
seeks to recover from Defendant unpaid compensation, liquidated
damages, statutory penalties, attorneys' fees and costs pursuant to
the Fair Labor Standards Act, the Illinois Minimum Wage Law, and
the Illinois Wage Payment and Collection Act.
Plaintiff McClain is a current employee of Defendant and she works
as a server at Defendant's restaurant located in Chicago, IL. Among
other things, Plaintiff alleges that the Defendant failed to
operate a proper tip pool in which a portion of tips earned by tip
credit employees are shared to non-tipped employees.
Fogo de Chao is a Delaware corporation which owns and/or operates
steakhouse restaurants known as "Fogo de Chao" throughout the
country. [BN]
The Plaintiff is represented by:
James X. Bornes, Esq.
Catherine P. Sons, Esq.
LAW OFFICE OF JAMES X. BORMES, P.C.
8 South Michigan Avenue Suite 2600
Chicago, IL 60603
Telephone: (312) 201-0575
E-mail: jxbormes@bormeslaw.com
cpsons@bormeslaw.com
- and -
Thomas M. Ryan, Esq.
LAW OFFICE OF THOMAS M.RYAN, P.C.
35 East Wacker Drive Suite 650
Chicago, IL 60601
Telephone: (312) 726-3400
E-mail: tom@tomryanlaw.com
FORCE 1 ONE: Fails to Pay Proper Wages, Bamond Alleges
------------------------------------------------------
JON BAMOND, individually and on behalf of all others similarly
situated, Plaintiff v. FORCE 1 ONE RETAIL SOLUTIONS, LLC,
Defendant, Case No. 1:23-cv-10448 (S.D.N.Y., Nov. 30, 2023) seeks
to recover from the Defendants unpaid wages, interest, liquidated
damages, attorneys' fees, and costs.
Plaintiff Bamond was employed by the Defendant as a merchandiser.
FORCE 1 ONE RETAIL SOLUTIONS, LLC provides integrated merchandising
services for a variety of retailers and brands. [BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
Email: ykopel@bursor.com
aleslie@bursor.com
G & M OIL: Fails to Pay Proper Wages, Ellsworth Suit Alleges
------------------------------------------------------------
DAVID ELLSWORTH, individually and on behalf of all others similarly
situated, Plaintiff v. G&M OIL COMPANY, INC.; and DOES 1 through
50, inclusive, Defendants, Case No. 23STCV28937 (Cal. Super., Los
Angeles Cty., Nov. 27, 2023) is an action against the Defendant for
failure to pay minimum wages, overtime compensation, provide meals
and rest periods, and provide accurate wage statements.
Plaintiff Ellsworth was employed by the Defendants as a field
specialist.
G&M OIL COMPANY, INC. operates as an oil company. The Company
wholesale distributes gasoline, kerosene, crude petroleum,
distillate fuel oils, residual fuel oils, lubricants, and petroleum
products.
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
J. Adam Laufer, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Telephone: (818) 696-2306
Facsimile: (818) 696-2307
Email: haig@hbklawyer.com
adam@hbklawyers.com
GAMESTOP INC: Chavez Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Erica Chavez, individually, and on behalf of
all others similarly situated v. GAMESTOP, INC., a corporation;
GAMESTOP CORP., a corporation; and DOES 1 to 10, inclusive, Case
No. 23STCV22392 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. 27, 2023, and
assigned Case No. 2:23-cv-09990.
The Plaintiff's Complaint asserts claims for: Failure to Pay
Minimum and Straight Time Wages; Failure to Pay Overtime Wages;
Failure to Provide Meal Periods; Failure to Authorize and Permit
Rest Periods; Failure to Timely Pay Final Wages at Termination;
Failure to Provide Accurate Itemized Wage Statements; Failure to
Indemnify Employees for Expenditures; and Unfair Business
Practices.[BN]
The Defendants are represented by:
Michael J. Nader, Esq.
Alexandra M. Asterlin, Esq.
Paul M. Smith, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
Phone: 916-840-3150
Facsimile: 916-840-3159
Email: michael.nader@ogletree.com
alexandra.asterlin@ogletree.com
paul.smith@ogletree.com
GREYSTAR REAL: Cordeiro Sues Over Improper Eviction Legal Fees
--------------------------------------------------------------
SHAUN CORDEIRO; and KEVIN MATLACK, individually and on behalf of
all others similarly situated, Plaintiffs v. GREYSTAR REAL ESTATE
PARTNERS, LLC; GREYSTAR MANAGEMENT SERVICES, L.P.; GREYSTAR RS
NATIONAL, LLC; GREYSTAR RS NE, LLC; and GEGC 2 NEW STREET, LLC,
Defendants, Case No. 1:23-cv-12901 (D. Mass., Nov. 29, 2023) is an
action brought by the Plaintiffs due to the unlawful and unfair
eviction and legal fees ("Eviction Legal Fees") assessed by the
Defendants.
According to the complaint, the Defendants assess Eviction Legal
Fees following the voluntary dismissal of summary ejectment
actions, as provided in their lease agreements, but assess them
prior to the issuance of any judgment or assessment of fees by a
court of law.
The Defendants post to tenants' account ledgers Eviction Legal Fees
prior to any guarantee by a Massachusetts court that these fees
will be awarded. As such, Plaintiffs and the putative Class have
been harmed by the Defendants' unfair and deceptive assessment of
and attempts to collect Eviction Legal Fees, says the suit.
GREYSTAR REAL ESTATE PARTNERS, LLC provides real estate services.
The Company offers property and asset management, financial
services, investment advisory, capital renovation, development, and
construction services. [BN]
The Plaintiffs are represented by:
Randi A. Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 741-5600
Email: rkassan@milberg.com
- and -
Scott C. Harris, Esq.
Kathryn Anne B. Robinson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
Facsimile: (919) 600-5035
Email: sharris@milberg.com
krobinson@milberg.com
- and -
Edward H. Maginnis, Esq.
Karl S. Gwaltney, Esq.
MAGINNIS HOWARD
7706 Six Forks Road, Suite 101
Raleigh, NC 27615
Telephone: (919) 526-0450
Facsimile: (919) 882-8763
Email: emaginnis@maginnislaw.com
kgwaltney@maginnislaw.com
HALO UNLIMITED: Fails to Pay Proper Wages, Abdalla Alleges
----------------------------------------------------------
IGBAL ABDALLA, individually and on behalf of all others similarly
situated, Plaintiff v. HALO UNLIMITED INC. D/B/A INFANT HEARING
SCREENING SPECIALIST; and DOES 1 through 50, inclusive, Defendants,
Case No. 23STCV28810 (Cal. Super., Los Angeles Cty., Nov. 27, 2023)
is an action against the Defendant for failure to pay minimum
wages, overtime compensation, provide meals, and provide accurate
wage statements.
Plaintiff Abdalla was employed by the Defendants as a newborn
hearing screener.
HALO UNLIMITED INC. D/B/A INFANT HEARING SCREENING SPECIALIST is a
medical practice company located at Corona, California. [BN]
The Plaintiff is represented by:
Sam Sani, Esq.
SANI LAW, APC
595 E. Colorado Blvd., Suite 522
Pasadenia, CA 91101
Telephone: (310) 935-0405
Facsimile: (310) 935-0409
Email: ssani@sanilawfirm.com
HENRY RESOURCES: Fails to Pay Overtime Wages, Casarez Suit Claims
-----------------------------------------------------------------
CARLOS CASAREZ, individually and for others similarly situated v.
HENRY RESOURCES LLC, Case No. 7:23-cv-00187 (W.D. Tex., November
27, 2023) seeks to recover unpaid overtime wages and other damages
from Henry Resources LLC under the Fair Labor Standards Act.
Plaintiff Casarez worked for Henry Resources as a Field Consultant
from approximately January 2018 until October 2022. The Plaintiff
and the other workers regularly work more than 40 hours a week.
However, Henry Resources does not pay them overtime. Instead, Henry
Resources misclassifies them as independent contractors and pays
them a flat amount for each day worked, regardless of the total
number of hours they worked in a workweek, says the Plaintiff.
Headquartered in Midland, TX, Henry Resources is engaged in oil and
gas production in the Permian Basin. [BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
HONOLULU STAR-ADVERTISER: Discloses Private Info to FB, Arora Says
------------------------------------------------------------------
PRADEEP ARORA, on behalf of himself and all others similarly
situated, Plaintiff v. HONOLULU STAR-ADVERTISER and OAHU
PUBLICATIONS INC., jointly and severally, Defendants, Case No.
1:23-cv-00480 (D. Haw., November 27, 2023) arises from the
Defendants' unlawful disclosure of Plaintiff's personally
identifiable information to Facebook without consent.
The Plaintiff is a subscriber of the Defendants' website that
offers, among other things, a wide array of video content. However,
the website uses a code analytics tool called, Facebook Pixel,
tracks the actions of Website subscribers, such as the pages a
subscriber views and the content they view. When someone watches a
video on the website, the video name and the viewer's Facebook ID
are simultaneously sent to Facebook via Facebook Pixel, says the
suit.
Based in Hawaii, Honolulu Star-Advertiser is a media publisher that
developed, owns, and/or operates the website,
www.staradvertiser.com, which receives millions of visits per year.
It is a subsidiary and/or affiliate of Oahu Publications, Inc.
[BN]
The Plaintiff is represented by:
Dennis W. Potts, Esq.
Trevor S. Potts, Esq.
POTTS & POTTS HAWAI'I TRIAL ATTORNEYS
American Savings Bank Tower
1001 Bishop Street, Ste. 745
Honolulu, HI 96813
Telephone No. (808) 537-4575
E-mail: dennis@pottsalc.com
trevor@pottsalc.com
- and -
Nicholas A. Coulson, Esq.
LIDDLE SHEETS COULSON PC
975 East Jefferson Avenue
Detroit, MI 48207-3101
Telephone: (313) 392-0015
E-mail: ncoulson@lsccounsel.com
INES BAKERY: Gonzalez and Hernandez Sue Over Labor Law Violations
-----------------------------------------------------------------
MARTA LIDIA GALDAMEZ GONZALEZ and BLANCA YANETH GARCIA HERNANDEZ,
individually and on behalf of all others similarly situated,
Plaintiffs v. INES' BAKERY INC. and MANUEL PEREZ and MARIA INES
PEREZ, as individuals, Defendants, Case No. 1:23-cv-08762
(E.D.N.Y., November 29, 2023) seeks to recover damages for
Defendants' violations of the Fair Labor Standards Act and the New
York Labor Law.
Plaintiff Marta Lidia Galdamez Gonzalez was employed by Ines’
Bakery Inc., as a cook, while performing related miscellaneous
duties for the Defendants, from in or around January 2008 until in
or around August 2023. Allegedly, the Defendants did not pay
Plaintiff Gonzalez at a wage rate of time and a half for her hours
regularly worked over 40 hours in a work week, a blatant violation
of the overtime provisions contained in the FLSA and NYLL. Among
others, the Defendants also failed to post notices of the minimum
wage and overtime wage requirements in a conspicuous place at the
location of their employment as required by both laws, says the
suit.
Ines' Bakery Inc. is a New York domestic business corporation,
organized under the laws of the State of New York with a principal
executive office located at 10 West Minister Road, Brooklyn, NY.
[BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
INTERNATIONAL ASSOCIATION: Faces Certification Monopoly Suit
------------------------------------------------------------
JANE DOE, individually and on behalf of all others similarly
situated, Plaintiff v. INTERNATIONAL ASSOCIATION OF EATING DISORDER
PROFESSIONALS' FOUNDATION, INC.; BONNIE HARKEN; MATTHEW HARKEN;
JOEL JAHRAUS; DENA CABRERA; and RALPH CARSON, Defendants, Case No.
3:23-cv-02624-G (N.D. Tex., Nov. 28, 2023) alleges that the
Plaintiff and Class Members sustained actual damages because of the
Defendants' monopoly of a certification process and other
fraudulent conduct.
According to the Plaintiff, the Defendant Bonnie Harken acquired
and then through subterfuge, deceit and through a carefully crafted
conspiracy with the other defendants, obtained complete control
over International Association of Eating Disorder Professionals'
Foundation, Inc. ("iaedp") and its "independent" iaedp corporate
chapters. Defendant Harken's stewardship over iaedp has been marked
by ethically questionable and illegal conduct. The purpose of the
Defendant Harken's illicit conduct was to unjustly enrichen herself
at the expense of a non-profit organization allegedly dedicated to
the research, education and understanding of eating disorders.
Defendant Harken has control over all operations of iaedp including
iaedp certification, its process and maintenance. All
board-certified eating disorder specialists are required to
maintain their membership in iaedp and to pay annual membership
dues to iaedp. In addition, and depending on the type of
certification, those who are board certified must also pay annual
supervision fees and certification dues and fees. All
boardcertified specialists are required to attend in person,
iaedp's annual symposium held in either Orlando, Florida or Palm
Springs, California once every four years. This conduct constitutes
an unlawful tying arrangement and violates anti-trust laws, says
the suit.
INTERNATIONAL ASSOCIATION OF EATING DISORDER PROFESSIONALS'
FOUNDATION, INC. is an organization that offers education and
training classes for practitioners in the field of eating
disorders. [BN]
The Plaintiff is represented by:
Steven R. Dunn, Esq.
DUNN FIRM, P.C.
5830 Preston Fairways
Dallas, TX 75252
Telephone: (214) 769.7810
Email: steven@dunnlawfirm.net
KYOCERA AVX: Fails to Prevent Data Breach, Dollar Alleges
---------------------------------------------------------
DONALD DOLLAR, individually and on behalf of all others similarly
situated, Plaintiff v. KYOCERA AVX COMPONENTS CORPORATION,
Defendant, Case No. 6:23-cv-06087-BHH (D.S.C., Nov. 28, 2023) is a
class action arises out of the recent cyberattack and data breach
that was perpetuated against the Defendant.
According to the complaint, the Plaintiff's and Class Members'
sensitive personal information, which was entrusted to Defendant,
was compromised and unlawfully accessed due to the Data Breach.
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect its employees' Private Information
from a foreseeable and preventable cyber-attack, says the suit.
KYOCERA AVX COMPONENTS CORPORATION manufactures electronic
components. The Company produces and markets capacitors, circuit
protection products, connectors, couplers, filters, inductors,
integrated passive components, module devices, piezoelectric
acoustic generators, resistive products, and timing devices. [BN]
The Plaintiff is represented by:
Harper T. Segui, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, LLC
825 Lowcountry Blvd., Suite 101
Mount Pleasant, SC 29464
Telephone: (919) 600-5000
Facsimile: (865) 522-0049
Email: hsegui@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
Email: gklinger@milberg.com
LE SPOT RESTAURANT: Fails to Pay Proper Wages, Agbai Alleges
------------------------------------------------------------
NNENNA AGBAI, individually and on behalf of all others similarly
situated, Plaintiff v. LE SPOT RESTAURANT, LLC d/b/a LE SPOT CAFE;
LE SPOT, INC d/b/a LE SPOT; JACKI POINT DU JOUR; and ALI NAZAIRE,
Defendants, Case 1:23-cv-08787 (E.D.N.Y., Nov. 29, 2023) seeks to
recover from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Agbai was employed by the Defendants as a bartender.
LE SPOT RESTAURANT, LLC d/b/a LE SPOT CAFE owns and operates
restaurants in Elmont, New York. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
LINE FRIENDS INC: Melendez Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Line Friends, Inc.
The case is styled as Rhondine Melendez, on behalf of herself and
all others similarly situated v. Line Friends, Inc., Case No.
1:23-cv-08715 (E.D.N.Y., Nov. 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Line Friends -- https://www.linefriends.com/ -- creates
entertainment such as animated movies and games.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
LOYOLA UNIVERSITY: Thorne Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Loyola University
Maryland, Inc. The case is styled as Braulio Thorne, for himself
and on behalf of all other persons similarly situated v. Loyola
University Maryland, Inc., Case No. 1:23-cv-10330 (S.D.N.Y., Nov.
27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Loyola University Maryland -- https://www.loyola.edu/ -- is a
private Jesuit university in Baltimore, Maryland.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: nyjg@aol.com
danalgottlieb@aol.com
MACYS.COM LLC: Barr Files Suit in M.D. Florida
----------------------------------------------
A class action lawsuit has been filed against Macys.com, LLC. The
case is styled as Eitan Barr, individually and on behalf of all
others similarly situated v. Macys.com, LLC, an Ohio limited
liability company, Case No. 8:23-cv-02695-KKM-CPT (M.D. Fla., Nov.
27, 2023).
The nature of suit is stated as Constitutional - State Statute for
Injunctive & Declaratory Relief.
Macy's -- https://www.macys.com/ -- is an omnichannel retailer of
beauty, fashion, home decor, and more products.[BN]
The Plaintiff is represented by:
Avi Robert Kaufman, Esq.
KAUFMAN P.A.
237 S. Dixie Highway, 4th Floor
Coral Gables, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
- and -
Stefan Coleman, Esq.
COLEMAN, PLLC
66 West Flagler Street, Suite 900
Miami, FL 33130
Phone: (877) 333-9427
Email: law@stefancoleman.com
MAJOR LEAGUE BASEBALL: Garrison Sues Over Global Fraud
------------------------------------------------------
Edwin Garrison, et al., on behalf of themselves and all others
similarly situated v. MAJOR LEAGUE BASEBALL, MAJOR LEAGUE BASEBALL
ENTERPRISES, INC. MAJOR LEAGUE BASEBALL PROPERTIES, INC. MAJOR
LEAGUE BASEBALL PROMOTION CORPORATION and MLB PLAYERS, INC., Case
No. 1:23-cv-24479-KMM (S.D. Fla., Nov. 27, 2023), is brought
against the Defendants for their respective actions, which
contributed to the collapse of FTX Trading LTD d/b/a FTX's ("FTX
Trading"), West Realm Shires Services Inc. d/b/a FTX US's ("FTX
US"), and Alameda Research, LLC's ("Alameda," and collectively, the
"FTX Group" or "FTX"), including but not limited to aiding and
abetting and/or actively participating in the FTX Group's massive,
multibillion dollar global fraud, and promoting, offering, or
selling unregistered securities such as FTX's yield-bearing
accounts ("YBA") and FTX's native cryptocurrency token ("FTT"),
which caused Plaintiffs substantial harm.
Evidence now reveals that the FTX Group's fraud was only able to
reach such heights through the offer and sale of unregistered
securities, with the willing help and assistance of some of the
wealthiest, most powerful and recognized organizations and
celebrities across the globe. Every victim who invested in FTX had
to open an FTX YBA, which was itself an unregistered security. The
U.S. Securities and Exchange Commission ("SEC") concluded that
FTX's exchange token FTT was promoted as an investment contract and
is also a security.
Following a series of confidential internal deliberations, MLB
opted to embrace the risks associated with FTX and go all in. This
decision, however, led to significant legal and financial
repercussions--not only is there binding precedent that Defendants'
widespread promotion of FTX's unregistered securities render them
liable for any and all resulting damages, but as the FTX bankruptcy
and criminal proceedings against its executives demonstrate, losses
to the victims now exceed $11 billion. This lawsuit seeks to hold
MLB liable under the law.
Interestingly, while MLB and many others were quick to jump into
the crypto world with both feet when they saw the potential for
fast money, the National Football League had the foresight to
specifically bar its teams from selling sponsorships to
cryptocurrency trading firms back in September 2021, because it
needed the chance to evaluate the cryptocurrency industry more
closely before it could develop and implement its official
strategy.
SBF and his FTX Group caused billions of dollars in losses to
Plaintiffs, through at least two separate schemes, both of which
contributed to the downfall of the FTX Group. The FTX Group offered
and sold securities without proper registration, thereby depriving
Plaintiffs of financial and risk-related disclosures that would
have impacted their calculus as to whether to invest in the FTX
Group. Rather than heed the myriad warnings from the SEC dating as
far back as 2017, the FTX Group chose instead to skirt US
regulation through deception.
This conduct violates numerous laws, including laws related to the
sale of unregistered securities, consumer protection, professional
malpractice, fraud, and conversion. As outlined herein, the
Defendants directly perpetrated, conspired to perpetrate, and/or
aided and abetted the FTX Group's multi-billion-dollar frauds for
their own financial and professional gain. Because of these
schemes, the FTX Group imploded, and over $30 billion in value
evaporated almost overnight when the FTX Group filed its emergency
Chapter 11 bankruptcy petition in Delaware.
The Plaintiffs bring this action against Major League Baseball,
Major League Baseball Enterprises, Inc., and MLB Players, Inc. who
provided actively promoted FTX and its yield- bearing-accounts
("YBAs") to millions of people. Though FTX paid Defendants
handsomely to push its brand, Defendants did not conduct adequate
(if any) due diligence. Given Defendants' prominence and vast
resources, they knew or should have known about FTX's financial
fragility, as well as the concerns about FTX selling unregistered
crypto securities, says the complaint.
The Plaintiffs purchased or held legal title to and/or beneficial
interest in any fiat or cryptocurrency deposited or invested
through an FTX Platform.
The Major League Baseball Properties, Inc. is a corporation
organized and existing under the laws of the State of New
York.[BN]
The Plaintiff is represented by:
Adam M. Moskowitz, Esq.
Joseph M. Kaye, Esq.
Barbara C. Lewis, Esq.
John E. Rodstrom III, Esq.
THE MOSKOWITZ LAW FIRM, PLLC
Continental Plaza
3250 Mary Street, Suite 202
Miami, FL 33133
Phone: (305) 740-1423
Email: adam@moskowitz-law.com
joseph@moskowitz-law.com
barbara@moskowitz-law.com
john@moskowitz-law.com
service@moskowitz-law.com
- and -
Jose M. Ferrer, Esq.
Desiree Fernandez, Esq.
MARK MIGDAL & HAYDEN, LLC
Brickell City Tower
80 SW 8th Street, Suite 1999
Miami, FL 33130
Email: jose@markmigdal.com
desiree@markmigdal.com
eservice@markmigdal.com
MANHATTAN ORAL FACIAL: Stroude Files ADA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Manhattan Oral Facial
Surgery, LLC. The case is styled as Colette Stroude, on behalf of
herself and all others similarly situated v. Manhattan Oral Facial
Surgery, LLC, Case No. 1:23-cv-08710 (E.D.N.Y., Nov. 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Manhattan Oral Facial Surgery --
https://www.manhattanoralsurgerycenter.com/ -- is an oral surgeon
in New York.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
MARS PETCARE: Ruling on Class Certification Deferred in Moore Suit
------------------------------------------------------------------
In the class action lawsuit captioned as TAMARA MOORE, et al., v.
MARS PETCARE US, INC., et al., Case No. 3:16-cv-07001-MMC (N.D.
Cal.), the Hon. Judge Maxine M. Chesney entered an order
-- Denying Daubert Motions;
-- Granting in part and Denying in part plaintiffs' Motion to
exclude/strike; and
-- Deferring ruling on Plaintiffs' motions for class
Certification.
.
Mars Petcare provides pet care products.
A copy of the Court's order dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3GsLpaU at no extra charge.[CC]
MARTINREA JONESVILL: Fails to Pay Proper Wages, McClendon Claims
----------------------------------------------------------------
DERRICK MCCLENDON, on behalf of himself and all others similarly
situated, Plaintiff v. MARTINREA JONESVILL LLC and MARTINREA
INTERNATIONAL US INC, Defendants, Case No. 1:23-cv-01246 (W.D.
Mich., November 28, 2023) arises from the Defendants' practices and
policies of not paying its hourly, non-exempt employees the proper
wages for all hours worked, in violation of the Fair Labor
Standards Act.
The Defendants employed Plaintiff between March 2023 through April
24, 2023 as a machine operator at its Jonesville, Michigan
manufacturing facility. However, Plaintiff was only paid for work
performed between his start and stop times but was not paid for the
work performed before and after his scheduled start and stop times:
a) changing into and out of his personal protective equipment,
including gloves, safety glasses, long sleeve shirts, Kevlar
sleeves, a helmet, ear plugs, and boots; b) getting paperwork,
assignments, tools and/or parts; and/or c) walking to and from his
assigned area of the manufacturing floor. As a result of
Defendants' practices and policies, Plaintiff and other similarly
situated employees were not compensated for all of the time they
worked, including all of the overtime hours they worked over 40
each workweek, says the suit.
Based in Plymouth, MI, Martinrea Jonesvill LLC manufactures
automotive parts. [BN]
The Plaintiff is represented by:
Anthony J. Lazzaro, Esq.
Matthew S. Grimsley, Esq.
Lori M. Griffin, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Building, Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: anthony@lazzarolawfirm.com
matthew@lazzarolawfirm.com
lori@lazzarolawfirm.com
NATIONAL DENTEX: Tapia Suit Removed to C.D. California
------------------------------------------------------
The case captioned as Yaquelin Tapia, an individual, on behalf of
herself and all other similarly situated v. NATIONAL DENTEX LABS
LLC, a Delaware Limited Liability Company; and DOES 1 TO 50, Case
No. 23STCV25645 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-09933.
The Plaintiff bases her claims on alleged violations of the
California Labor Code. Specifically, Plaintiff claims that Dentex
violated the Labor Code by: failing to pay Plaintiff and the
putative class members minimum wages for time worked; failing to
pay Plaintiff and the putative class members overtime wages for
time worked; failing to provide Plaintiff and the putative class
members with rest periods in accordance with California law;
failing to provide Plaintiff and the putative class members with
meal periods in accordance with California law; failing to maintain
accurate employment records; failing to timely pay Plaintiff and
the putative class members wages during employment; failing to
timely pay Plaintiff and the putative class members wages owed at
separation; failing to indemnify Plaintiff and the putative class
members for necessary business expenses; failing to provide
Plaintiff and the putative class members with accurate itemized
wage statements; and unfair competition.[BN]
The Defendants are represented by:
Gerald L. Maatman, Jr., Esq.
Jennifer A. Riley, Esq.
DUANE MORRIS, LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603-3433
Phone: +1 312 499 6700
Fax: +1 312 499 6701
Email: gmaatman@duanemorris.com
jariley@duanemorris.com
- and -
Nick Baltaxe, Esq.
DUANE MORRIS, LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017-5450
Phone: +1 213 689 7400
Fax: +1 213 689 7401
Email: nbaltaxe@duanemorris.com
NEW YORK, NY: Seeks More Time for Class Cert Response in Aboubakar
------------------------------------------------------------------
In the class action lawsuit captioned as Aboubakar et al. v. City
of New York, et al., Case No. 20-CV-1716 (NGG) (CLP) (E.D.N.Y.),
the Defendants ask the Court to enter an order extending time to
respond to Plaintiffs' Amended Motion for Class Certification.
-- The Defendants' Response is currently due on November 27, 2023.
-- Defendants request an 11-day extension, to December 8.
-- The Plaintiffs consent to this request. This is Defendants'
first request for an extension, and if granted, Defendants also
request that Plaintiffs' Reply Memorandum be due on December
22,
2023.
The Plaintiffs allege that their rights were violated when they
experienced allegedly unconstitutional conditions of confinement at
Brooklyn Central Booking following their arrests.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Defendants' motion dated Nov. 22, 2023 is available
from PacerMonitor.com at https://bit.ly/3uKEXtt at no extra
charge.[CC]
The Defendants are represented by:
Jason Imbiano, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-8766
E-mail: jasonimbiano@law.nyc.gov
NEW YORK, NY: Seeks More Time for Class Cert Response in Brennan
----------------------------------------------------------------
In the class action lawsuit captioned as Brennan et al. v. City of
New York, et al., Case No. 19-CV-2054 (NGG) (CLP) (E.D.N.Y.), the
Defendants ask the Court to enter an order extending time to
respond to Plaintiffs' Amended Motion for Class Certification.
-- The Defendants' Response is currently due on November 27, 2023.
-- Defendants request an 11-day extension, to December 8.
-- The Plaintiffs consent to this request. This is Defendants'
first request for an extension, and if granted, Defendants also
request that Plaintiffs' Reply Memorandum be due on December
22,
2023.
The Plaintiffs allege that their rights were violated when they
experienced allegedly unconstitutional conditions of confinement at
Brooklyn Central Booking following their arrests.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Defendants' motion dated Nov. 22, 2023 is available
from PacerMonitor.com at https://bit.ly/3NdOhfH at no extra
charge.[CC]
The Defendants are represented by:
Jason Imbiano, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-8766
E-mail: jasonimbiano@law.nyc.gov
NEW YORK, NY: Teagle Bid to Certify Class Stricken
---------------------------------------------------
In the class action lawsuit captioned as Teagle et al., v. The City
of New York, et al., Case No. 1:19-cv-07211 (E.D.N.Y., Filed Dec.
23, 2019), the Hon. Judge Dora Lizette Irizarry entered an order
striking the following:
-- the Plaintiffs' motion to certify class;
-- Affidavit in Opposition to Motion and exhibits;
-- Memorandum in Opposition; and
-- Striking Reply in Support.
The nature of suit Employment Discrimination.
The Court says, "Once again the parties have failed to comply with
the Court's Individual Rules and Court orders. Defendants filed a
memorandum in opposition to Plaintiffs' class certification motion
of 32 pages without first seeking leave of the Court to do so.
Additionally, Defendants shall cite to exhibits by their tab number
so that the Court need not hunt through voluminous documents to
find them. The Defendants also must pay closer attention to detail
in its filings: e.g. certain declarations are dated incorrectly,
such as the citation to Melocowsky's Second Declaration, Exhibit B,
as February 27, 2023, when it is February 24, 2023.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.[CC]
NMSI INC: Park Sues Over Labor Code Violation
---------------------------------------------
Irene Park, an aggrieved employee and on behalf of other aggrieved
employees v. NMSI, INC., a California corporation; and DOES 1
through 50, Case No. 23STCV28771 (Cal. Super. Ct., Los Angeles
Cty., Nov. 27, 2023), is brought recovery of civil penalties under
the California Private Attorneys General Act, California Labor Code
§§ 2698, et seq. ("PAGA"), for Defendants' violations of the
Labor Code.
The Defendant did not provide Plaintiff and other aggrieved
employees with complete and accurate itemized wage statements. The
wage statements they received from Defendant were in violation of
Labor Code. The violations include, but are not limited to, the
failure to state all applicable hourly rates in effect during the
pay period and the corresponding number of hours worked at each
hourly rate by the employee. For example, Plaintiffs wage
statements showed $2,333.34 as her hourly rate for regular hours,
says the complaint.
The Plaintiff was employed by Defendants as a non-exempt employee.
The Defendants own and operate mortgage lending company in Los
Angeles, California.[BN]
The Plaintiff is represented by:
Young K. Park, Esq.
William C. Sung, Esq.
JUSTICE FOR WORKERS, P.C.
3600 Wilshire Boulevard, Suite 1815
Los Angeles, CA 90010
Phone: 323-922-2000
Fax: 323-922-2000
Email: young@justiceforworkers.com
william@justiceforworkers.com
NYC PSYCHIATRIC: Martinez Files ADA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against NYC Psychiatric
Associates, PLLC. The case is styled as Silvia Martinez, on behalf
of herself and all others similarly situated v. NYC Psychiatric
Associates, PLLC, Case No. 1:23-cv-08703 (E.D.N.Y., Nov. 27,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NYC Psychiatric Associates -- https://nycpsychiatricassociates.com/
-- provide addiction treatment, along with therapy and counseling
services.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
OPTION CARE ENTERPRISES: Gilbert Suit Removed to C.D. California
----------------------------------------------------------------
The case styled as Cynthia Gilbert, an individual, on behalf of
herself and all others similarly situated v. Option Care
Enterprises, Inc., Does 1 through 20, inclusive, Case No.
2023-CU-OE-012240 was removed from the Ventura Superior Court, to
the U.S. District Court for the Central District of California on
Nov. 27, 2023.
The District Court Clerk assigned Case No. 2:23-cv-09992-HDV-SK to
the proceeding.
The nature of suit is stated as Jobs Civil Rights for Employment
Discrimination.
Option Care Health, Inc. -- https://optioncarehealth.com/ -- is the
largest independent home and alternate site infusion services
provider in the United States.[BN]
The Plaintiff is represented by:
Brian Daniel Hefelfinger, Esq.
Daniel J. Palay, Esq.
PALAY HEFELFINGER APC
1746 South Victoria Avenue Suite 230
Ventura, CA 93003
Phone: (805) 628-8220
Fax: (805) 765-8600
Email: bdh@calemploymentcounsel.com
djp@calemploymentcounsel.com
The Defendants are represented by:
Chad Davis Greeson
Shirley Shu
LITTLER MENDELSON, PC
1255 Treat Boulevard
Walnut Creek, CA 94597
Phone: (925) 932-2468
Email: cgreeson@littler.com
sshu@littler.com
- and -
Helen Igorevna Braginsky
LITTLER MENDELSON PC
2049 Century Park East 5th Floor
Los Angeles, CA 90067-3107
Phone: (310) 553-0308
Fax: (310) 553-5583
Email: hbraginsky@littler.com
ORLIN & COHEN ORTHOPEDIC: Stroude Files ADA Suit in E.D. New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Orlin & Cohen
Orthopedic Associates, LLP. The case is styled as Colette Stroude,
on behalf of herself and all others similarly situated v. Orlin &
Cohen Orthopedic Associates, LLP, Case No. 1:23-cv-08706-DLI-JAM
(E.D.N.Y., Nov. 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Orlin & Cohen Orthopedic Associates, LLP --
https://www.orlincohen.com/ -- includes orthopedic specialists
providing healthcare services. The Company offers general
orthopedics, spine, neck, and back, acupunture, foot and ankle,
joint replacement, pain management, orthopedic clinical trails, and
other related healthcare services.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
PAPA INC: Filing for Class Certification Bid Due March 18, 2024
---------------------------------------------------------------
In the class action lawsuit captioned as Jennifer Pardo and
Evangeline Matthews, individually and on behalf of all others
similarly situated, v. Papa, Inc., Case No. 3:21-cv-06326-RS (N.D.
Cal.), the Court entered an order that the briefing schedule and
hearing date for the motion for class certification is as follows:
-- Deadline for Filing of Plaintiff's March 18,
2024
Motion for Class Certification:
-- Deadline for Filing of Defendant's April 29,
2024
Opposition to Motion for Class
Certification:
-- Deadline for Filing of Plaintiff's May 20, 2024
Reply for Motion for Class
Certification:
-- Hearing for Motion for Class June 3, 2024
Certification:
On August 17, 2021, the initial class action complaint in this
matter was filed, alleging that Defendant violated the Fair Labor
Standards Act ("FLSA") and several provisions of the California
Labor Code.
On October 18, 2021, the initial complaint was amended for the
first time to add an eleventh cause of action for enforcement of
the Private Attorneys General Act of 2004 (PAGA).
Papa is a platform that connects college students to senior
citizens for companionship and assistance.
A copy of the Court's order dated Nov. 17, 2023 is available from
PacerMonitor.com at https://bit.ly/3GkAQqs at no extra charge.[CC]
The Plaintiffs are represented by:
Jonathan M. Lebe, Esq.
Zachary T. Gershman, Esq.
Ryan C. Ely, Esq.
LEBE LAW, APLC
777 S. Alameda Street, Second Floor
Los Angeles, CA 90021
Telephone: (213) 444-1973
E-mail: Jon@lebelaw.com
Zachary@lebelaw.com
Ryan@lebelaw.com
The Defendant is represented by:
Shannon B. Nakabayashi, Esq.
Benjamin J. Schnayerson, Esq.
Benjamin R. Eversole, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Telephone: (415) 394-9400
Facsimile: (415) 394-9401
E-mail: Shannon.nakabayashi@jacksonlewis.com
Ben.schnayerson@jacksonlewis.com
Benjamin.Eversole@jacksonlewis.com
PBF ENERGY: Oil Facility Produces Toxins, Cruz Suit Alleges
-----------------------------------------------------------
ALENA CRUZ; and SHANNON PAYNE, individually and on behalf of all
others similarly situated, Plaintiffs v. PBF ENERGY INC.; PBF
ENERGYWESTERN REGION LLC; MARTINEZ REFINING COMPANY LLC,
Defendants, Case No. 3:23-cv-06142-TSH (N.D. Cal., Nov. 28, 2023)
alleges violation of the Clean Air Act.
According to the complaint, the Plaintiff and the Class are have
lived in the shadow of the Defendants' oil refinery (the
"Refinery"), a facility with an extensive history of environmental
violations. Repeatedly, Plaintiffs have been exposed to toxic
substances spewing out of the Refinery, while no one has stepped in
and stopped Defendants from sending toxins into their community.
The Refinery continues to experience upsets and disruptions that
cause toxic clouds of dust to disperse over its neighbors and
create an increased risk of harm to their health. All one has to do
to see the potential for disaster in Martinez, is to look at the
neighboring facility, says the suit.
PBF ENERGY INC. operates as an independent petroleum refiner and
supplier. The Company offers unbranded transportation fuels,
heating oil, petrochemical feedstocks, lubricants, and other
petroleum products in the United States. PBF offers finished
products through long-term offtake and supply agreements. [BN]
The Plaintiff is represented by:
Joseph W. Cotchett, Esq.
Anne Marie Murphy, Esq.
Blair V. Kittle, Esq.
Vasti S. Montiel, Esq.
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road
Burlingame, CA 94010
Telephone: (650) 697-6000
Facsimile: (650) 697-0577
Email: jcotchett@cpmlegal.com
amurphy@cpmlegal.com
bkittle@cpmlegal.com
vmontiel@cpmlegal.com
PENSKE LOGISTICS: Nelson Sues Over Labor Law Breaches
-----------------------------------------------------
TERRY NELSON, an individual, on behalf of himself and all others
similarly situated, Plaintiff v. PENSKE LOGISTICS LLC, a Delaware
corporation; and DOES 1 through 10, Inclusive, Defendants, Case No.
2:23-cv-02756-DJC-KJN (E.D. Cal., November 27, 2023) seeks redress
from the harms suffered by Plaintiff as a result of the Defendants'
violations of the Unfair Competition pursuant to the California
Business and Professions Code, the California Labor Code, and the
applicable Industrial Welfare Commission's Wage Order.
The class action arises from the Defendant's alleged systematic
mistreatment of its employees, including requiring them to work
off-the-clock, not reimbursing them for required business expenses,
miscalculating their regular rates of pay, not providing employees
with proper meal breaks, says the suit.
Headquartered in Pennsylvania, Penske Logistics operates warehouse
distribution facilities throughout the state of California and
employs numerous employees at those distribution facilities. [BN]
The Plaintiff is represented by:
Ben Travis, Esq.
BEN TRAVIS LAW, APC
4660 La Jolla Village Drive, Suite 100
San Diego, CA 92122
Telephone: (619) 353-7966
E-mail: ben@bentravislaw.com
PERRY JOHNSON: O'Neill and Moses Sue Over Alleged Data Breach
-------------------------------------------------------------
BRIDGET O'NEILL and KIRK MOSES, on behalf of themselves and all
others similarly situated, Plaintiffs, v. PERRY JOHNSON &
ASSOCIATES, INC. and COUNTY OF COOK, ILLINOIS, Defendants, Case No.
2:23-cv-01964-CDS-BNW (D. Nev., November 28, 2023), arises from the
Defendants' failure to prevent a cyberattack that resulted in the
theft and dissemination of Plaintiffs' and approximately 8.9
million other similarly situated individuals' sensitive
information. Moreover, Plaintiffs asserts claims against the
Defendants for negligence, negligence per se, breach of implied
contract, invasion of privacy, unjust enrichment, and for
violations of the Illinois Consumer Fraud and Deceptive Business
Practices Act.
Between approximately March 27, 2023, and May 2, 2023, an
unauthorized third-party gained access to Perry Johnson &
Associates' network system and obtained files containing
information about Cook County's current and former patients.
Defendants breached their duties, pursuant to the Federal Trade
Commission Act and other applicable standards, and thus was
negligent, by failing to use reasonable measures to protect Class
members' personally identifiable information and protected health
information. The Defendants' negligent acts include failing to
timely and adequately notify Class members about the data breach's
occurrence and scope, so that they could take appropriate steps to
mitigate the potential for identity theft and other damages, says
the suit.
Perry Johnson & Associates provides transcription services to
healthcare organizations and physicians for dictating and
transcribing patient notes for hospital groups nationwide. [BN]
The Plaintiffs are represented by:
Nathan R. Ring, Esq.
STRANCH , JENNINGS & GARVEY, PLLC
3100 W. Charleston Boulevard, Suite 208
Las Vegas, NV 89102
Telephone: (725) 235-9750
E-mail: lasvegas@stranchlaw.com
- and -
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Facsimile: (212) 686-0114
E-mail: malmstrom@whafh.com
- and -
Rachele R. Byrd, Esq.
Alex J. Tramontano, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
750 B Street, Suite 1820
San Diego, CA 92101
Telephone: (619) 239-4599
Facsimile: (619) 234-4599
E-mail: byrd@whafh.com
tramontano@whafh.com
PHARAOH ENERGY: Suit Seeks to Certify Pharaoh Field Personnel Class
-------------------------------------------------------------------
In the class action lawsuit captioned as RANDY CARLSON AND LUCAS
NEWTON, Individually and on behalf of all others similarly
situated, v. PHARAOH ENERGY SERVICES, LLC, Case No.
5:23-cv-00802-PRW (W.D. Okla.), the Plaintiff asks the Court to
enter an order:
A. Conditionally certifying case as a collective action;
B. Approving the Plaintiffs' proposed Notice and Consent to
Join,
the proposed method of notice and distribution including
mailing, texting and emailing, and the proposed procedures
for
sending out notice;
C. Directing the Defendant to produce the requested contact
information of each Collective Member in an electronic
format,
such as Excel, within ten days after this Court’s Order is
entered; and
D. Allowing for an opt-period of 60 days, to begin on the date
on
which the notice is mailed to the members of the collective,
in
which collective members may submit Consents to Join this
lawsuit as opt-in plaintiffs.
The Plaintiffs ask this Court to conditionally certify the
following collective under Section 216 of the Fair Labor Standards
Act (FLSA):
"All Pharaoh Field Personnel during the past 3 years who were
paid
on a salary basis."
The Plaintiffs allege that Defendant's practice of hiring manual
laborers and paying them a salary with no additional overtime
compensation is illegal under the FLSA.
The Plaintiffs prove through their sworn testimony that there are
dozens of members of the proposed collective, all of whom were paid
a salary with no additional overtime pay, despite the fact that
they all worked long hours in the oilfields, regularly working well
more than 40 hours per week.
Pharaoh is a privately owned oil and gas service company that
specializes in acidizing and pressure pumping in Oklahoma, Texas,
Arkansas and New Mexico.
A copy of the Plaintiff's motion dated Nov. 21, 2023 is available
from PacerMonitor.com at https://bit.ly/49ZDBel at no extra
charge.[CC]
The Plaintiffs are represented by:
Josh Borsellino, Esq.
BORSELLINO, P.C.
1020 Macon St., Suite 15
Fort Worth, TX 76102
s Telephone: (817) 908-9861
Facsimile: (817) 394-2412
E-mail: josh@dfwcounsel.com
- and -
Jeff A. Taylor, Esq.
THE OFFICES AT DEEP FORD CREEK
CHADWICK & TAYLOR
5613 N. Classen Blvd.
Oklahoma City, OK 73118
Telephone: (405) 286-1600
Facsimile: (405) 842-6132
E-mail: taylorjeff@icloud.com
POWERLINE AUTO: Fails to Pay Proper Wages, Brown Suit Alleges
-------------------------------------------------------------
WAYNE BROWN; and RONALD MIRANDA, individually and on behalf of all
others similarly situated, Plaintiffs v. POWERLINE AUTO REPAIR INC.
d/b/a POWERLINE AUTO REPAIR; and KHEMLALL BISEMBER a/k/a KEN
SUMMER, Defendants, Case No. 1:23-cv-08740 (E.D.N.Y., Nov. 28,
2023) seeks to recover from the Defendants unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
The Plaintiffs were employed by the Defendants as technicians.
POWERLINE AUTO REPAIR INC. d/b/a POWERLINE AUTO REPAIR operates an
auto-repair shop in Jamaica, New York. [BN]
The Plaintiff is represented by:
Tenzin Tashi, Esq.
Alexander T. Coleman, Esq.
Michael J. Borrelli, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 200
Garden City, NY 11530
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
PROFESSIONAL PLATING: Fails to Pay Proper Wages, Braden Alleges
---------------------------------------------------------------
CHRISTOPHER BRADEN, individually and on behalf of all others
similarly situated, Plaintiff v. PROFESSIONAL PLATING INC.,
Defendant, Case No. 23-cv-1598 (E.D. Wis., Nov. 28, 2023) is an
action against the Defendants' failure to pay the Plaintiff and the
class minimum wages, and overtime compensation for hours worked in
excess of 40 hours per week.
Plaintiff Braden was employed by the Defendant as an operator.
PROFESSIONAL PLATING INC. manufactures plating and polishing
products. The Company offers recreational coatings, acrylic e-coat,
sand blasting, rack zinc, pro-dura clear, and additional services.
[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
PROSEGUR SERVICES: Fails to Pay Proper Wages, Cameron Alleges
-------------------------------------------------------------
DALE CAMERON, individually and on behalf of all others similarly
situated, Plaintiff v. PROSEGUR SERVICES GROUP, INC., Defendant,
Case No. 1:23-cv-08789 (E.D.N.Y., Nov. 29, 2023) seeks to recover
from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Cameron was employed by the Defendant as a security
guard.
PROSEGUR SERVICES GROUP, INC. operates a nationwide business
providing security related services to its clients. [BN]
The Plaintiff is represented by:
Abdul K. Hassan, Esq.
ABDUL HASSAN LAW GROUP, PLLC
215-28 Hillside Avenue
Queens Village, NY 11427
Telephone: (718) 740-1000
Facsimile: (718) 740-2000
Email: abdul@abdulhassan.com
RALEIGH, NC: Fails to Pay Proper OT Wages, Edwards Suit Claims
--------------------------------------------------------------
LEO J. EDWARDS, on behalf of himself and all others similarly
situated, Plaintiff v. CITY OF RALEIGH, Defendant, Case No.
5:23-cv-00683 (E.D.N.C., November 29, 2023) seeks to recover unpaid
overtime compensation, liquidated damages, and all related
penalties and damages under the Fair Labor Standards Act.
Plaintiff Edwards worked for Defendant's Raleigh Police Department
as a non-exempt hourly paid police academy cadet from approximately
January 13, 2020, through September 25, 2020. Upon his successful
completion of the Raleigh Police Academy in September 2020,
Plaintiff Edwards became a police officer, a position he maintained
through his date of termination, December 16, 2022. Throughout the
relevant period, the Defendant maintained a policy to bank the
overtime hours worked by employees as straight compensation time.
Essentially, rather than banking such hours at time and one-half
since they reflected overtime hours worked, Defendant maintained a
policy of not properly compensating employees at the appropriate
overtime premium rates for all hours worked, including compensating
Plaintiffs for mandatory pre-shift and post-shift work, trainings,
and court appearances, says the Plaintiff.
City of Raleigh is a local governmental entity with a principal
location of 222 W. Hargett St., Raleigh, NC 27601. Its law
enforcement agency, Raleigh Police Department, is comprised of
police officers and various administrative personnel. [BN]
The Plaintiff is represented by:
Amanda M. Whitt-Downs, Esq.
Hannah B. Simmons, Esq.
Matthew M. Marlowe, Esq.
THE LAW OFFICES OF GILDA A. HERNANDEZ, PLLC
1020 Southhill Drive, Ste. 130
Cary, NC 27513
Telephone: (919) 741-8693
Facsimile: (919) 869-1853
E-mail: ghernandez@gildahernandezlaw.com
awhitt_downs@gildahernandezlaw.com
hsimmons@gildahernandezlaw.com
mmarlowe@gildahernandezlaw.com
RESURGENT CAPITAL: Sabbagh FDCPA Suit Removed to S.D. Florida
-------------------------------------------------------------
The case styled URIEL SABBAGH, on behalf of himself and all other
similarly situated consumers, Plaintiff v. RESURGENT CAPITAL
SERVICES, L.P., Defendant, Case No. 2023-025598-CA-01, was removed
from the Circuit Court of the Eleventh Judicial Circuit in and for
Miami-Dade County, Florida, to the U.S. District Court for the
Southern District of Florida on November 27, 2023.
The Clerk of Court for the Southern District of Florida assigned
Case No. 1:23-cv-24483 to the proceeding.
The case arises from the Defendant's alleged violations of the Fair
Debt Collection Practices Act.
The Defendant is represented by:
Lauren M. Burnette, Esq.
John M. Marees II, Esq.
Maureen B. Walsh, Esq.
MESSER STRICKLER BURNETTE, LTD.
12276 San Jose Blvd. Suite 718
Jacksonville, FL 32223
Telephone: (904) 527-1172
Facsimile: (904) 683-7353
E-mail: lburnette@messerstrickler.com
jmarees@messerstrickler.com
mwalsh@messerstrickler.com
RLB FAMILY: Vargas Sues Over California Labor Code Breaches
-----------------------------------------------------------
DULCE M. RODRIGUEZ VARGAS, individually,and on behalf of all others
similarly situated, Plaintiff, v. RLB FAMILY CORPORATION DBA
MCDONALD'S, a California corporation; and DOES 1 through 10,
inclusive, Defendants, Case No. 23STCV29187 (Cal. Super., Los
Angeles Cty., November 29, 2023) arises out of the Defendants'
violations of the California Labor Code and unfair business
practices.
Plaintiff Dulce M. Rodriguez Vargas worked for Defendants in Los
Angeles County, California as an hourly-paid, non-exempt employee
from approximately July 2020 to present. Throughout Plaintiff's
employment, Defendants, at times, failed to pay for all hours
worked (including minimum, straight time, and overtime wages),
failed to provide Plaintiff with legally compliant meal periods,
failed to authorize and permit Plaintiff to take rest periods,
failed to timely pay all final wages to Plaintiff when Defendants
terminated Plaintiff's employment, failed to furnish accurate wage
statements to Plaintiff, failed to indemnify Plaintiff for
expenditures, and failed to produce requested employment records.
RLB Family is California corporation that owns and operates
MacDonald's restaurants.[BN]
The Plaintiff is represented by:
John G. Yslas, Esq.
Jeffrey C. Bils, Esq.
Aram Boyadjian, Esq.
Andrew Sandoval, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
E-mail: jyslas@wilshirelawfirm.com
jbils@wilshirelawfirm.com
aboyadjian@wilshirelawfirm.com
andrew.sandoval@wilshirelawfirm.com
ROXBURY CLINIC: Fails to Pay Proper Wages, Guglielmi Alleges
------------------------------------------------------------
NICOLE GUGLIELMI, individually and on behalf of all other similarly
situated, Plaintiff v. ROXBURY CLINIC AND SURGERY CENTER, LLC; SCRC
MEDICAL GROUP, P.C.; and DOES 1 through 50, inclusive, Defendants,
Case No. 23SMCV05534 (Cal. Super., Los Angeles Cty., Nov. 27, 2023)
is an action against the Defendants for failure to pay minimum
wages, overtime compensation, authorize and permit meal and rest
periods, provide accurate wage statements, and reimburse necessary
business expenses.
Plaintiff Guglielmi was employed by the Defendants as a staff.
ROXBURY CLINIC AND SURGERY CENTER, LLC is a medical group practice
located in Beverly Hills, CA, that specialized in cosmetic, plastic
& reconstructive surgery and internal medicine. [BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Diana Zadykyan, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Telephone: (818) 696-2306
Facsimile: (818) 696-2307
Email: haig@hbklawyers.com
diana@hbklawyers.com
RUST-OLEUM CORP: Parties Seek to Modify Class Cert Hearing Date
---------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY BUSH, individually
and on behalf of all others similarly situated, v. RUST-OLEUM
CORPORATION, an Illinois corporation, Case No. 3:20-cv-03268-LB
(N.D. Cal.), the Parties ask the Court to enter an order resetting
the hearing on the Plaintiff's Motion to Certify, Defendant's
Motion for Summary Judgment, Plaintiff's Motion to Exclude, and
Defendant's Motion to Exclude from November 30, 2023 at 9:30 a.m.
(in-person) to December 7, 2023 at 9:30 a.m. (hybrid), as good
cause supports the modification to the hearing schedule where:
a. The requested extension conserves judicial and party
resources;
b. The requested extension serves the convenience of the Court
and
Parties;
c. The requested extension of time does not otherwise affect any
other dates and deadlines in the current Scheduling Order;
d. The requested extension serves the aims of justice; and
e. Denial of the requested extension unduly prejudices the
Parties
in their ability to fully brief issues regarding Plaintiff's
MTE
On May 13, 2020, Plaintiff filed this action Class Action Complaint
against Defendant, the manufacturer, marketer, and seller of Krud
Kutter brand cleaning products that Plaintiff alleges are
deceptively labeled and advertised as "non-toxic" and "earth
friendly" in violation of California consumer protection statutes,
including the Unfair Competition Law, False Advertising Law, and
Consumer Legal Remedies Act, and for breach of warranty and unjust
enrichment.
On September 28, 2022, Plaintiff filed his motion for class
certification, which Defendant opposed on March 31, 2023, and
Plaintiff replied to on June 29, 2023.
On May 12, 2023, Defendant filed a motion for summary judgment,
which Plaintiff opposed on August 1, 2023, and Defendant replied to
on August 15, 2023.
On June 29, 2023, Plaintiff filed a motion to exclude Defendant’s
expert, Dr. Kivetz, which Defendant opposed on August 3, 2023, and
Plaintiff replied to on August 21, 2023.
Rust-Oleum is a manufacturer of protective paints and coatings for
home and industrial use.
A copy of the Parties' motion dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3uPA8Pl at no extra charge.[CC]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Katherine A. Bruce, Esq.
Kelsey J. Elling, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
kbruce@clarksonlawfirm.com
kelling@clarksonlawfirm.com
- and -
Christopher D. Moon, Esq.
Kevin O. Moon, Esq.
MOON LAW APC
228 Hamilton Ave., 3rd Fl
Palo Alto, CA 94301
Telephone: (619) 915-9432
Facsimile: (650) 618-0478
E-mail: chris@moonlawapc.com
kevin@moonlawapc.com
The Defendant is represented by:
Karen M. Sullivan, Esq.
MANNING GROSS + MASSENBURG LLP
400 Spectrum Center Drive, Suite 1450
Irvine, CA 92618
Telephone: (949) 892-4700
Facsimile: (949) 892-4701
E-mail: ksullivan@mgmlaw.com
- and -
Anthony J. Monaco, Esq.
P. Stephen Fardy, Esq.
William D. Patterson, Esq.
Bryan E. Rogers, Esq.
SWANSON, MARTIN & BELL, LLP
330 N. Wabash, Suite 3300
Chicago, IL 60611
Telephone: (312) 321-9100
Facsimile: (312) 321-0990
E-mail: amonaco@smbtrials.com
sfardy@smbtrials.com
wpatterson@smbtrials.com
berogers@smbtrials.com
SALVATION ARMY: Tassinari Bid to Unseal Docs OK'd
--------------------------------------------------
In the class action lawsuit captioned as Tassinari v. The Salvation
Army National Corporation, et al., Case No. 1:21-cv-10806 (D.
Mass., Filed May 14, 2021), the Hon. Judge Leo T. Sorokin entered
an order allowing Plaintiffs' motion to unseal documents.
The suit alleges violation of the American with Disabilities Act.
Salvation Army is a Religious Organization headquartered in
Alexandria, Virginia.[CC]
SCISSORTAIL ENERGY: Extension of Class Cert Bid Filing Sought
-------------------------------------------------------------
In the class action lawsuit captioned as Marvin B. Dinsmore, et
al., on behalf of themselves and all others similarly situated, v.
Scissortail Energy, LLC, Case No. 6:22-cv-00352-GLJ (E.D. Okla.),
the Parties ask the Court to enter an order extending the
scheduling order:
Documents previously produced by Dec. 18, 2024 Apr. 16,
2024
parties shall be deemed
authenticated except as to those
objected to
Class Certification Motion filed Jan. 26, 2024 May 23,
2024
with all supporting evidence,
including expert disclosures
Class Certification Response Mar. 26, 2024 Jul. 22,
2024
filed with all supporting
evidence, including expert
disclosures
Class Certification Reply filed Apr. 26, 2024 Aug. 21,
2024
with any rebuttal evidence,
including rebuttal expert
disclosures, if any
Class Certification Discovery Apr. 26, 2024 Aug. 21,
2024
Cutoff
Evidentiary hearing on Plaintiff's May 21, 2024 to be set
by
Motion for Class Certification. court
ScissorTail constructs, owns, and operates natural gas and energy
pipelines in central and eastern Oklahoma.
A copy of the Parties' motion dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3RqvjnB at no extra charge.[CC]
The Plaintiffs are represented by:
Reagan E. Bradford, Esq.
Ryan K. Wilson, Esq.
BRADFORD & WILSON PLLC
431 W. Main Street, Suite D
Oklahoma City, OK 73102
Telephone: (405) 698-2770
E-mail: reagan@bradwil.com
ryan@bradwil.com
– and –
James U. White, Jr., Esq.
JAMES U. WHITE, JR., INC.
Oklahoma City, OK 73154
Telephone: (405) 842-7545
E-mail: jwhite@wcgflaw.com
The Defendant is represented by:
Terry D. Ragsdale, Esq.
Bradley W. Welsh, Esq.
GABLE & GOTWALS
110 North Elgin Avenue, Suite 200
Tulsa, OK 74120
Telephone: (918) 595-4800
Facsimile: (918) 595-4990
E-mail: tragsdale@gablelaw.com
bwelsh@gablelaw.com
SHAMBAUGH & SON: Dominguez Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Steven Dominguez, individually and on behalf
of all others similarly situated v. SHAMBAUGH & SON FIRE
PROTECTION, business form unknown; and DOES 1-50, inclusive, Case
No. 30-2023-01349868-CU-OE-CXC was removed from the Superior Court
of the State of California, County of Orange, to the United States
District Court for the Central District of California on Nov. 22,
2023, and assigned Case No. 8:23-cv-02197.
The Complaint lists eight causes of action on the caption page, but
includes only six causes of action in the body of the document,
alleging: Failure to Pay Wages; Failure to Provide Meal Periods;
Failure to Authorize and Permit Rest Breaks; Failure to Timely Pay
Final Wages at Termination; Failure to Provide Accurate Itemized
Wage Statements; Payment of Wages in a Non Labor Code Compliant
Instrument; Failure to Indemnify Necessary Business Expenses; and
Unfair Business Practices.[BN]
The Defendants are represented by:
Joshua D. Kienitz, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard. Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Fax: 925.946.9809
Email: jkienitz@littler.com
- and -
P. Dustin Bodaghi, Esq.
LITTLER MENDELSON, P.C.
18565 Jamboree Road, Suite 800
Irvine, CA 92612
Phone: 949.705.3000
Fax: 949.724.1201
Email: dbodaghi@littler.com
- and -
Harman S. Deol, Esq.
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Phone: 415.433.1940
Fax: 415.399.8490
Email: hdeol@littler.com
SHERMAN BROS: Gomberg Files ADA Suit in E.D. Pennsylvania
---------------------------------------------------------
A class action lawsuit has been filed against Sherman Bros. Inc.
The case is styled as Matthew Gomberg, on behalf of himself and all
others similarly situated v. Sherman Bros. Inc., Case No.
2:23-cv-04638 (E.D. Pa., Nov. 22, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sherman Bros., Inc. -- https://www.shermanbrothers.com/ -- operates
as a footwear store. The Company offers shoes, belts, bags,
wallets, money clips, and bracelets.[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
STARBUCKS: Beltran-Campuzano Suit Removed to S.D. California
------------------------------------------------------------
The case captioned as Ariana Beltran-Campuzano and Zoe Lima, in
their capacities as the State of California's designated proxies
under the Private Attorney General Act and on behalf of others v.
STARBUCKS CORPORATION; and, DOES 1 through 50 inclusive, Case No.
37-2023-00045351-CU-OE-CTL was removed from the Superior Court of
the State of California in and for the County of San Diego, to the
United States District Court for the Southern District of
California on Nov. 22, 2023, and assigned Case No.
3:23-cv-02152-L-BLM.
The Plaintiffs allege the following claims for relief: failure to
pay minimum/regular wages; failure to pay overtime; failure to
timely pay wages; meal and rest period violations; failure to
provide accurate wage statements; failure to maintain records;
failure to reimburse work related expenses; failure to pay sick and
PTO pay; and miscellaneous labor code violations pursuant to the
Private Attorney General Act ("PAGA") of California. Plaintiffs
filed a First Amended Complaint on November 8, 2023 (the "Amended
Complaint") further allege claims of: violations of the California
Investigative Reporting Agency Act ("ICRAA") and Invasion of
Privacy.[BN]
The Defendants are represented by:
Tracey A. Kennedy, Esq.
Robert Mussig, Esq.
Meagan B. Drye, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
333 South Hope Street, 43rd Floor
Los Angeles, CA 90071-1422
Phone: 213-620-1780
Facsimile: 213-620-1398
Email: tkennedy@sheppardmullin.com
rmussig@sheppardmullin.com
mkoontz@sheppardmullin.com
TOPANGA SOCIAL: Gibbs Alleges Underpayment of Minimum and OT Wages
------------------------------------------------------------------
ROBERT GIBBS, on behalf of the State of California, and others
similarly situated and aggrieved, Plaintiff v. TOPANGA SOCIAL
MANAGER, LLC, a Florida Limited Liability Company; and DOES 1-100,
inclusive, Defendants, Case No. 23STCV29084 (Cal. Super., Los
Angeles Cty., November 29, 2023) seeks to recover Private Attorneys
General Act's civil penalties for Defendants' violations of the
California Labor Code.
Plaintiff Gibbs was employed by the Defendants as a non-exempt
employee with a job titles of receiver and utility supervisor,
maintenance person from on or around April 15, 2023, through on or
around July 3, 2023 at Defendants' facilities located in the
Westfield Mall in the Canoga Park neighborhood of Los Angeles, CA.
Allegedly, the Defendants failed to compensate Plaintiff and
aggrieved employees for all hours worked, resulting in the
underpayment of minimum and overtime wages.
Topanga Social Manager, LLC owns, operates, manages and/or staffs
its employees to work at the inhouse restaurants, culinary spaces,
bars, eateries, food places, event spaces, offices, facilities
and/or other locations and/or other locations in California. [BN]
The Plaintiff is represented by:
Jamie K. Serb, Esq.
Brandon Brouillette, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, PC
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: jamie@crosnerlegal.com
bbrouillette@crosnerlegal.com
zach@crosnerlegal.com
UKG INC: Class Settlement in Cybersecurity Suit Gets Final Nod
--------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM MULLER, et al., v.
UKG INC. (re UKG Inc. Cybersecurity Breach Litigation), Case No.
3:22-cv-00346-SI (N.D. Cal.), the Hon. Judge Susan Illston entered
an order granting motion for final approval of class action
settlement and motion for attorneys' fees, costs, settlement
administration expenses, and class representative service awards:
On June 2, 2022, the Court entered a Preliminary Approval Order
that certified the Settlement Class, preliminarily approved the
Settlement Agreement, directed notice of the proposed settlement to
the Settlement Class, and established a hearing date to consider
the final approval of the Settlement Agreement, the request for
Service Awards to the Settlement Class Representatives, and the
motion for attorneys' fees, costs and expenses.
The Court finds that the distribution of the Notice has been
achieved in accordance with the Preliminary Approval Order and the
Settlement Agreement.
The Court certifies the following Classes under Fed. R. Civ. P.
23(a) and 23(b)(3):
-- Nationwide Class:
"All natural U.S. persons who are current or former employees
or
contractors, including their dependents, of UKG customers,
whose
data was stored in the KPC at the time of the December 2021 KPC
Cyberattack and who were impacted by the interruption of KPC
applications resulting from the December 2021 KPC Cyberattack;"
-- California Subclass: Consisting of all members of the
Settlement
Class who were also California residents at the time of the
December 2021 KPC Cyberattack; and
-- Exfiltration Subclass: Consisting of all members of the
Nationwide
Class who were sent notice that their personal data was
exfiltrated during the December 2021 KPC Cyberattack and were
offered credit monitoring services for themselves or on behalf
of
their dependents.
UKG is an American multinational technology company.
A copy of the Court's order dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/46WDLRf at no extra charge.[CC]
UNITED STATES: Plaintiffs Withdraw Bid for Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as ANIKA OKJE
ERDMANN-BROWNING and JACQUELINE BENITEZ, individually and on behalf
of all others similarly situated, v. THOMAS J. VILSACK, Secretary
of the United States Department of Agriculture in his official
capacity, SHALANDA YOUNG, Director of the United States Office of
Management and Budget, in her official capacity, Case No.
4:23-cv-04678-JST (N.D. Cal.), the Parties ask the Court to enter
an order as follows:
1. The Plaintiffs withdraw their Notices of Motion and Motions
for
Preliminary Injunction and Class Certification; and
2. The Parties request that the hearing currently scheduled for
December 11, 2023, be removed from the Court calendar, along
with all related briefing deadlines.
The Plaintiffs' Motion for Preliminary Injunction sought to
maintain the timely issuance of Supplemental Assistance Nutrition
Program (SNAP) benefits for January and thereafter, in the event
that Congress did not pass a continuing resolution or
appropriations bill by November 17, 2023.
On November 17, 2023, President Biden signed H.R. 6363, the
"Further Continuing Appropriations and Other Extensions Act, 2024."
That Act provides fiscal year 2024 appropriations to Federal
agencies through January 19, 2024, for continuing projects and
activities funded in four appropriations bills.
The Department of Agriculture provides leadership on food,
agriculture, natural resources, and related issues.
A copy of the Parties' motion dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/47EMvwo at no extra charge.[CC]
The Plaintiffs are represented by:
Jodie Berger, Esq.
Richard Rothschild, Esq.
Robert Newman, Esq.
Antionette Dozier, Esq.
WESTERN CENTER ON LAW & POVERTY
3701 Wilshire Blvd., Suite 208
Los Angeles, CA 90010
Telephone: (213) 235-2617
Facsimile: (213) 487-0242
E-mail: jberger@wclp.org
rrothschild@wclp.org
rnewman@wclp.org
adozier@wclp.org
- and -
Lindsay Nako, Esq.
Fawn Rajbhandari-Korr, Esq.
Meredith Dixon, Esq.
IMPACT FUND
2080 Addison St., Suite 5
Berkeley, CA 94704
Telephone: (510) 845-3473
Facsimile: 510) 845-3654
E-mail: lnako@impactfund.org
fkorr@impactfund.org
mdixon@impactfund.org
The Defendants are represented by:
Kyla M. Snow, Esq.
U.S. DEPARTMENT OF JUSTICE
UPMC WESTERN: Frenzel Alleges Wage & Hour Law Violations
--------------------------------------------------------
SHARRI FRENZEL, individually and for others similarly situated v.
UPMC WESTERN MARYLAND CORPORATION f/k/a WESTERN MARYLAND HEALTH
SYSTEM CORPORATION, Case No. 1:23-cv-03246-RDB (D. Md., November
29, 2023) seeks to recover unpaid wages and other damages from UPMC
Western Maryland Corporation (UPMC-MD), which allegedly violated
the Fair Labor Standards Act and the Maryland Wage and Hour Law.
The Defendant employed Plaintiff Frenzel as one of its patient care
workers in Maryland. Specifically, Frenzel worked for UPMC-MD as a
cardiac tech at UPMC-MD's hospital in Cumberland, MD. Like the
other patient care workers, Frenzel regularly worked more than 40
hours in a week. However, UPMC-MD did not pay Frenzel and the other
patient care workers for all the hours they worked after 40 in a
workweek. Among other things, UPMC-MD automatically deducted 30
minutes a day from Frenzel's and the other patient care workers’
recorded work time for so-called "meal breaks," the suit alleges.
Headquartered in Cumberland, MD, UPMC-MD provides healthcare
services for residents in Allegany and Garrett Counties in Maryland
and surrounding counties in West Virginia and Pennsylvania.[BN]
The Plaintiff is represented by:
Taylor A. Jones, Esq.
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: tjones@mybackwages.com
mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
William C. (Clif) Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
US CELLULAR: Settles Consolidated Shareholder Suit After Mediation
------------------------------------------------------------------
United States Cellular Corporation disclosed in its Form 10-Q
report for the quarterly period ended September 30, 2023, filed
with the Securities and Exchange Commission on November 3, 2023,
that on February 9, 2023, the parties in a consolidated class
action complaint agreed to a mediator's recommendation to settle
these actions for a total of $71.0 million, which is accrued as of
July 31, 2023 and included within accrued expenses and other
current liabilities on the company's consolidated balance sheet.
Beginning on March 29, 2019, several purported securities class
actions were filed in said court. The initial complaints generally
alleged that the defendants made false and misleading statements in
violation of Sections 10(b) and 20(a) of the Exchange Act and SEC
Rule 10b-5. In July 2019, the court consolidated the actions into a
single action, and appointed a lead plaintiff, who then filed a
consolidated amended complaint. The action was brought on behalf of
those who purchased or otherwise acquired the company's stock
between November 30, 2017 and May 30, 2019, inclusive. The
defendants subsequently filed a motion to dismiss the original
complaint, which the court granted on March 9, 2020, while
providing the lead plaintiff leave to amend. On April 17, 2020, the
lead plaintiff filed a second amended complaint, again naming the
company and two of the company's officers as defendants. The
amended complaint alleges the same class period, includes many of
the same factual allegations as the original complaint, and again
alleges that the defendants violated Sections 10(b) and 20(a) of
the Exchange Act, as well as SEC Rule 10b-5. The amended complaint
sought monetary damages in an unspecified amount.
On September 11, 2020, the court denied the defendants' motion to
dismiss the amended complaint and held that the lead plaintiff
adequately stated a claim with respect to certain statements
regarding the company's new customer growth and sales
productivity.
On January 27, 2021, lead plaintiff, Shimon Hedvat, filed a motion
to withdraw as lead plaintiff and substitute proposed new lead
plaintiffs and approve their appointment of a new co-lead counsel.
On March 1, 2021, the court granted the lead plaintiff's motion to
withdraw as lead plaintiff but denied without prejudice his motion
to substitute proposed new lead plaintiffs. The court also reopened
the lead plaintiff selection process, allowing any putative class
member interested in serving as the new lead plaintiff to file a
lead plaintiff application. Following the lead plaintiff selection
hearing on April 28, 2021, on June 10, 2021 the court appointed
California Ironworkers Field Pension Trust as lead plaintiff and
approved its appointment of counsel.
On May 28, 2021, one of the movants for lead plaintiff, John P.
Norton on behalf of the Norton Family Living Trust UAD 11/15/2002,
filed a separate class action complaint in the Northern District of
California on behalf of a class of persons or entities who
transacted in publicly traded call options and/or put options on
Nutanix stock during the period from November 30, 2017 and May 30,
2019, containing allegations substantively the same as those
alleged in the Amended Complaint and naming the same defendants. On
September 8, 2021, the court appointed the John P. Norton on behalf
of the Norton Family Living Trust UAD 11/15/2002 as the lead
plaintiff in the options class action. On April 26, 2022, the
parties met for mediation, which did not result in a settlement.
On September 1, 2022, California Ironworkers Field Pension Trust
filed a third amended complaint and John P. Norton, on behalf of
the Norton Family Living Trust UAD 11/15/2002, filed an amended
complaint (which amends the options class action complaint). On
November 14, 2022, the defendants filed a motion to dismiss the
third amended complaint and the first amended complaint.
US Cellular owns, operates, and invests in wireless markets
throughout the United States. UScellular is an 83%-owned subsidiary
of Telephone and Data Systems, Inc.
VICTOR HILL: Breedlove Bid for Class Cert Denied w/o Prejudice
--------------------------------------------------------------
In the class action lawsuit captioned as HARRISON BREEDLOVE, et
al., on behalf of himself and all others similarly situated, v.
SHERIFF VICTOR HILL, individually and in his official capacity, et
al., Case No. 1:23-cv-00963-TWT (N.D. Ga.), the Hon. Judge Thomas
W. Thrash, Jr. entered an order:
-- Deferring ruling on the Defendants' motion to dismiss;
-- The Plaintiffs' Motion for Class Certification is denied
without
Prejudice;
-- The Plaintiffs' Motion for Sanctions is denied, and
-- The Plaintiffs' Motion to Amend the Complaint is granted in
part
and denied in part.
-- The Court directs the Plaintiffs to file an amended complaint
correcting the deficiencies identified herein within 14 days of
the date of this Order.
The case arises out of alleged false arrests in violation of
Section 1983. The Plaintiffs are individuals who were detained,
seized, searched, and arrested on March 13-14, 2021.
The Plaintiffs bring this action individually and on behalf of a
class of similarly situated persons totaling 102 individuals.
The Defendants include the former Sheriff of Clayton County Victor
Hill, Chief of Clayton County Police Department (CCPD) Kevin
Roberts, Clayton County, and John or Jane Does 1-80, who are
employees of Clayton County Sheriff’s Department, CCPD, Morrow
Police Department, and Jonesboro Police Department.
A copy of the Court's opinion and order dated Nov. 21, 2023 is
available from PacerMonitor.com at https://bit.ly/47F9Kqa at no
extra charge.[CC]
WATTS GUERRA: Niekamp and Hebrink Allege Attorney Free Fraud
------------------------------------------------------------
Christopher J. Niekamp, and Randall D. Hebrink, individually, and
on behalf of all others similarly situated, Plaintiffs v. Watts
Guerra LLP, Bassford Remele PA, Gustafson Gluek PLLC, Schwebel
Goetz & Sieben PA, Stueve Siegel Hanson LLP, Hare Wynn Newell &
Newton LLP, Gray, Ritter & Graham PC, Reed & McGraw PC, Lockridge
Grindal Nauen PLLP, Paul Mclnnes LLP, Mikal C. Watts, and Francisco
Guerra, Defendants, Case No. 3:23-cv-02289-JZ (N.D. Ohio, November
28, 2023) asserts claims against the Defendants for civil
conspiracy, consumer fraud, breach of fiduciary duty, fraudulent
misrepresentation, negligent misrepresentation, unjust enrichment,
and for violations of the Racketeer Influenced and Corrupt
Organizations Act, among others.
The Plaintiffs seek to addresses an attorney fee fraud scheme
perpetrated by Watts Guerra LLP and its joint venture partners and
conspirators, lawyers and law firms in multiple states, against
60,000 corn growers across the United States in connection with
genetically-modified corn lawsuits against Syngenta AG, a global
agricultural business, filed in federal and state courts in 2014 to
2017. Allegedly, Plaintiffs were deceptively solicited by Watts
Guerra LLP, et al. to sign 40 percent contingent fee retainer
contracts to pursue individual lawsuits. Farmers were excluded,
without their knowledge and informed consent, from participating in
class actions against Syngenta in federal court multi-district
litigation in Kansas and the Fourth Judicial District Court in
Minnesota, where attorneys' fees are determined by the presiding
courts as fiduciaries for the members of the class. Moreover,
farmers were deprived of the opportunity to make an informed
decision as to whether to pursue an individual claim or a class
action claim without representation by Defendants, thereby
subjecting Farmers to Watts Guerra LLP's fraudulent scheme to
collect unreasonable fees, say the Plaintiffs.
Headquartered in San Antonio, TX, Watts Guerra LLP is personal
injury, mass tort, product liability and commercial litigation
firm. [BN]
The Plaintiffs are represented by:
Douglas J. Nill, Esq.
DOUGLAS J. NILL, PLLC
1850 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402
Telephone: (612) 573-3669
E-mail: dnill@farmlaw.com
WHEEL EQUIPMENT: Fails to Pay Proper Wages, Padua Alleges
---------------------------------------------------------
JOSE ALVAREZ PADUA, individually and on behalf of all others
similarly situated, Plaintiff v. WHEEL EQUIPMENT LEASING LLC; and
ADAM KOFFLER, Defendants, Case No. 187027925 (Fla. Cir., Miami Dade
Cty., Nov. 29, 2023) seeks to recover from the Defendants unpaid
wages and overtime compensation, interest, liquidated damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
Plaintiff Padua was employed by the Defendants as a collections
employee.
WHEEL EQUIPMENT LEASING LLC specializes in approving and funding
equipment leases for small businesses. [BN]
The Plaintiff is represented by:
Jason S. Remer, Esq.
REMER, GEORGES-PIERRE &
HOOGERWOERD PLLC
2745 Ponce De Leon Blvd.
Coral Gables, FL 33134
Telephone: (305) 416-5000
Email: jremer@rgph.law
YAZAM INC: Bid to Certify Class in Woodford Suit Denied as Moot
---------------------------------------------------------------
In the class action lawsuit captioned as ALICIA WOODFORD,
individually, and on behalf of others similarly situated, v. YAZAM
INC., d/b/a EMPOWER, Case No. 1:22-cv-03665-BAH (D.D.C.), the Hon.
Judge Beryl A. Howell entered an order that:
-- The Defendant's motion to dismiss is granted;
-- The plaintiff's motion to certify class is denied as moot;
-- The plaintiff’s Amended Complaint is dismissed; and
-- The Clerk of the Court is directed to close this case.
Yazam provides investment banking services.
A copy of the Court's order dated Nov. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/47GvEsU at no extra charge.[CC]
ZOBOX INC: Dematties Sues Over Debt Collection Practices
--------------------------------------------------------
BERNADETTE DEMATTIES, individually and on behalf of all others
similarly situated, Plaintiff v. ZOBOX INC. D/B/A DOBO, INC.,
Defendant, Case No. CACE-23-021750 (Fla. Cir., Broward Cty., Nov.
29, 2023) seeks to stop the Defendant's unfair and unconscionable
means to collect a debt.
ZOBOX INC. D/B/A DOBO, INC. is a chain store brand for renewed
mobile phones, accessories and consumer electronics. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
Email: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Copyright 2023. All rights reserved. ISSN 1525-2272.
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