/raid1/www/Hosts/bankrupt/CAR_Public/231219.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, December 19, 2023, Vol. 25, No. 253
Headlines
FRANKLIN MINT: Bronson Suit Transferred to D. Massachusetts
FRANKLIN MINT: Brown Suit Transferred to D. Massachusetts
FRANKLIN MINT: Harris Suit Transferred to D. Massachusetts
FRANKLIN MINT: Thompson Suit Transferred to D. Massachusetts
KNAPP ST. PIZZA: Razzaq Sues Over Unpaid Minimum, Overtime Wages
KNICKERBOCKER SOCIAL: Colak Files ADA Suit in E.D. New York
KOHL'S INC: Hussein Files ADA Suit in N.D. Illinois
KUSTOM US INC: Barnhart Files Suit in Cal. Super. Ct.
UNITED STATES: Court Stays Black Farmers' Class Cert Briefing
UPFIELD US: Class Cert Bid Filing Due Jan. 17, 2024
USCB CORPORATION: Adams Files FDCPA Suit in M.D. Pennsylvania
VALLEY NATIONAL: Tawfik Suit Transferred to D. Massachusetts
VETERANS GUARDIAN: Ford Seeks to Vacate Class Cert Bid Deadline
VIVA ITALIA: Phase 1 Discovery in Healy Suit Due Jan. 19, 2024
VIVID SEATS INC: Settles Ticket Cancellations Dispute
VIVID SEATS INC: Settles Undisclosed Ticket Fees Dispute
WAKE COUNTY, NC: Plaintiffs Seek More Time for Class Cert Filing
WALMART INC: Court Tosses Class Certification Bid in Carr Suit
WALMART INC: Walz Suit Removed to W.D. Washington
WARREN GENERAL HOSPITAL: Berry Files Suit in W.D. Pennsylvania
WASATCH ADVANTAGE: Bid for Leave to File 6th Amended Complaint OK'd
*********
FRANKLIN MINT: Bronson Suit Transferred to D. Massachusetts
-----------------------------------------------------------
The case styled as Tanya Bronson, on behalf of herself individually
and all others similarly situated v. Franklin Mint Federal Credit
Union, Case No. 2:23-cv-03030 was transferred from the U.S.
District Court for the Eastern District of Pennsylvania, to the
U.S. District Court for the District of Massachusetts on Nov. 29,
2023.
The District Court Clerk assigned Case No. 1:23-cv-12893-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Franklin Mint Federal Credit Union -- https://www.fmfcu.org/ -- has
provided financial products and services to its members in the
greater Philadelphia region and beyond since 1970.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Randi Kassan, Esq.
SANDERS PHILLIPS GROSSMAN LLC
100 Garden City Plaza Suite 500
Garden City, NY 11530
Phone: (516) 741-5600
Email: rkassan@thesandersfirm.com
The Defendants are represented by:
Edward J. Mcandrew, Esq.
BAKER & HOSTETLER LLP
1735 Market Street, Suite 3300
Philadelphia, PA 19103
Phone: (202) 664-2939
Email: emcandrew@bakerlaw.com
- and -
Sarah A. Ballard, Esq.
BAKER & HOSTETLER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Phone: (303) 764-4052
Fax: (303) 861-7805
Email: sballard@bakerlaw.com
FRANKLIN MINT: Brown Suit Transferred to D. Massachusetts
---------------------------------------------------------
The case styled as Steven Brown, individually, and on behalf of all
others similarly situated v. Franklin Mint Federal Credit Union,
Case No. 2:23-cv-03238 was transferred from the U.S. District Court
for the Eastern District of Pennsylvania, to the U.S. District
Court for the District of Massachusetts on Nov. 29, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12894-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Franklin Mint Federal Credit Union -- https://www.fmfcu.org/ -- has
provided financial products and services to its members in the
greater Philadelphia region and beyond since 1970.[BN]
The Plaintiff is represented by:
Daniel Srourian, Esq.
DANIEL SROURIAN
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (213) 474-3800
Email: daniel@slfla.com
- and -
Vincent A. Coppola, Esq.
PRIBANIC & PRIBANIC
513 Court Place
Pittsburgh, PA 15219
Phone: (412) 281-8844
Email: vcoppola@pribanic.com
The Defendants are represented by:
Edward J. McAndrew, Esq.
BAKER & HOSTETLER LLP
1735 Market Street, Suite 3300
Philadelphia, PA 19103
Phone: (202) 664-2939
Email: emcandrew@bakerlaw.com
- and -
Sarah A. Ballard, Esq.
BAKER & HOSTETLER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Phone: (303) 764-4052
Fax: (303) 861-7805
Email: sballard@bakerlaw.com
FRANKLIN MINT: Harris Suit Transferred to D. Massachusetts
----------------------------------------------------------
The case styled as Michael Harris, individually and on behalf of
all others similarly situated v. Franklin Mint Federal Credit
Union, Case No. 2:23-cv-02933 was transferred from the U.S.
District Court for the Eastern District of Pennsylvania, to the
U.S. District Court for the District of Massachusetts on Nov. 29,
2023.
The District Court Clerk assigned Case No. 1:23-cv-12891-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property.
Franklin Mint Federal Credit Union -- https://www.fmfcu.org/ -- has
provided financial products and services to its members in the
greater Philadelphia region and beyond since 1970.[BN]
The Plaintiff is represented by:
Kevin Clancy Boylan, Esq.
MORGAN & MORGAN
2005 Market Street, Suite 350
Philadelphia, PA 19103
Phone: (215) 446-9795
Fax: (215) 446-9799
Email: cboylan@forthepeople.com
- and -
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, FL 33602
Phone: (813) 223-5505
Fax: (813) 223-5402
Email: jyanchunis@forthepeople.com
ramen@forthepeople.com
The Defendants are represented by:
Edward J. Mcandrew, Esq.
BAKER & HOSTETLER LLP
1735 Market Street, Suite 3300
Philadelphia, PA 19103
Phone: (202) 664-2939
Email: emcandrew@bakerlaw.com
- and -
Sarah A Ballard, Esq.
BAKER & HOSTETLER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Phone: (303) 764-4052
Fax: (303) 861-7805
Email: sballard@bakerlaw.com
FRANKLIN MINT: Thompson Suit Transferred to D. Massachusetts
------------------------------------------------------------
The case styled as Tina Thompson, on behalf of herself and all
others similarly situat v. Franklin Mint Federal Credit Union, Case
No. 2:23-cv-02931 was transferred from the U.S. District Court for
the Eastern District of Pennsylvania, to the U.S. District Court
for the District of Massachusetts on Nov. 29, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12885 to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Franklin Mint Federal Credit Union -- https://www.fmfcu.org/ -- has
provided financial products and services to its members in the
greater Philadelphia region and beyond since 1970.[BN]
The Plaintiff is represented by:
Tyler Bean, Esq.
Nicholas Sandercock, Esq.
SIRI & GLIMSTAD, LLP (NA)
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1091
Fax: (646) 417-5967
Email: tbean@sirillp.com
nsandercock@sirillp.com
The Defendants are represented by:
Edward J. McAndrew, Esq.
BAKER & HOSTETLER LLP
1735 Market Street, Suite 3300
Philadelphia, PA 19103
Phone: (202) 664-2939
Email: emcandrew@bakerlaw.com
- and -
Sarah A Ballard
BAKER & HOSTETLER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Phone: (303) 764-4052
Fax: (303) 861-7805
Phone: sballard@bakerlaw.com
KNAPP ST. PIZZA: Razzaq Sues Over Unpaid Minimum, Overtime Wages
----------------------------------------------------------------
Mouhammad Razzaq, individually and on behalf of others similarly
situated v. KNAPP ST. PIZZA LTD., KNAPP ST. PIZZA II LTD., BROOKLYN
PIZZA II, INC., ALBERT RUSCIO, FRANCESCO SCIORTINO, THOMAS
SCIORTINO, ANGELO LNU, and MARCO LNU, Case No. 1:23-cv-08809
(E.D.N.Y., Nov. 30, 2023), is brought pursuant to the Fair Labor
Standards Act ("FLSA") and the New York Labor Law ("NYLL") as a
result of the unpaid minimum and overtime wages.
The Defendants maintained a policy and practice to not pay
Plaintiff the required minimum wage in accordance with federal and
New York State law. The Defendants maintained a policy and practice
of failing to pay overtime compensation required by federal and New
York State law and regulations to Plaintiff, who worked in excess
of 40 hours per week. The Defendants maintained a policy and
practice of failing to provide Plaintiff with proper wage notices
and paystubs, says the complaint.
The Plaintiff worked as a delivery driver for the Defendants
starting in February 2022 until June 2022.
KNAPP ST. PIZZA II LTD. is a domestic limited liability company
previously organized and existing under the laws of the State of
New York.[BN]
The Plaintiff is represented by:
Michael Taubenfeld, Esq.
FISHER TAUBENFELD LLP
225 Broadway, Suite 1700
New York, NY 10007
Phone: (212) 571-0700
Facsimile: (212) 505-2001
KNICKERBOCKER SOCIAL: Colak Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Knickerbocker Social,
LLC. The case is styled as Ali Colak, on behalf of himself and all
others similarly situated v. Knickerbocker Social, LLC, Case No.
1:23-cv-08836 (E.D.N.Y., Nov. 30, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Knickerbocker LLC -- https://www.knickerbocker.nyc/ -- operates as
a personal investment trust management firm.[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
KOHL'S INC: Hussein Files ADA Suit in N.D. Illinois
---------------------------------------------------
A class action lawsuit has been filed against Kohl's Inc. The case
is styled as Sumaya Hussein, on behalf of herself and all others
similarly situated v. Kohl's Inc., Case No. 1:23-cv-16393 (N.D.
Ill., Nov. 30, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kohl's, Inc. -- https://corporate.kohls.com/ -- operates as a
specialty online retailer. The Company offers clothing, shoes,
home, kitchen, bedding, and toys.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: ysaks@steinsakslegal.com
KUSTOM US INC: Barnhart Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Kustom US, Inc., et
al. The case is styled as Gary Barnhart, on behalf of of all others
similarly situated v. Kustom US, Inc., et al., Case No. 23CV012519
(Cal. Super. Ct., Sacramento Cty., Nov. 30, 2023).
Kustom -- https://kustom.us/ -- is a full-service disaster recovery
and restoration contractor.[BN]
UNITED STATES: Court Stays Black Farmers' Class Cert Briefing
-------------------------------------------------------------
In the class action lawsuit captioned as BLACK FARMERS &
AGRICULTURALISTS ASSOCIATION, INC., et al., v. THOMAS J. VILSACK,
SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, et al.,
Case No. 2:23-cv-02527-SHL-cgc (W.D. Tenn.), the Hon. Judge Sheryl
H. Lipman entered an order granting motion to stay briefing on
class certification:
The Defendants argue that Plaintiffs' Motion for Class
Certification effectively seeks to modify the Court's Order Setting
Briefing Schedule and Plaintiffs have not shown good cause to do
so.
In the certificate of consultation for the Motion to Stay,
Defendants indicate that Plaintiffs oppose the motion. Because
Plaintiffs had not filed a response articulating the basis for that
opposition by the deadline, on November 28, 2023, the Court ordered
Plaintiffs to show cause as to why the Court should not grant the
motion.
U.S. Department of Agriculture provides leadership on food,
agriculture, natural resources, and related issues.
A copy of the Court's order dated Nov. 28, 2023 is available from
PacerMonitor.com at https://bit.ly/3Gu5wWo at no extra charge.[CC]
UPFIELD US: Class Cert Bid Filing Due Jan. 17, 2024
---------------------------------------------------
In the class action lawsuit captioned as Clemmons v. Upfield US
Inc., Case No. 1:22-cv-00355-PKC (S.D.N.Y.), the Plaintiff asks the
Court to enter an order granting proposes the following briefing
schedule for his motion for class certification:
-- The Plaintiff Motion for Class January 17, 2024
Certification (including expert
report):
-- Defendant Opposition to Motion for March 18, 2024
Class Certification:
-- Plaintiff Reply in Support of April 10, 2024
Motion for Class Certification:
The Plaintiff filed this action on January 14, 2022, alleging that
the olive oil representations on Defendant's Country Crock
vegetable oil spread were false and misleading.
On April 29, 2022, the Defendant filed a Motion to Dismiss pursuant
to Fed. R. Civ. P. 12(b)(6), which Plaintiff opposed.
Upfield operates manufactures and produces food ingredients.
A copy of the Plaintiff's motion dated Nov. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3RsFyZH at no extra
charge.[CC]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
Facsimile: (516) 234-7800
E-mail: spencer@spencersheehan.com
USCB CORPORATION: Adams Files FDCPA Suit in M.D. Pennsylvania
-------------------------------------------------------------
A class action lawsuit has been filed against USCB Corporation. The
case is styled as Pearl Adams, individually and on behalf of all
others similarly situated v. USCB Corporation, Case No.
1:23-cv-01970-JPW (M.D. Pa., Nov. 29, 2023).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
USCB -- http://www.uscbcorporation.com/-- is a nationwide
commercial debt collection agency and serves business debt
collection solutions and receivable management.[BN]
The Plaintiff is represented by:
Scott H. Bernstein, Esq.
LAW OFFICES OF SCOTT H. BERNSTEIN, LLC
103 Eisenhower Parkway, Ste. 300
Roseland, NJ 07068
Phone: (203) 246-2887
Email: scott@scottbernsteinlaw.com
VALLEY NATIONAL: Tawfik Suit Transferred to D. Massachusetts
------------------------------------------------------------
The case styled as Eslam Tawfik, individually and on behalf of all
others similarly situated v. VALLEY NATIONAL BANCORP d/b/a VALLEY
NATIONAL BANK, Case No. 2:23-cv-20600 was transferred from the U.S.
District Court for the District of New Jersey, to the U.S. District
Court for the District of Massachusetts on Nov. 29, 2023.
The District Court Clerk assigned Case No. 1:23-cv-12884-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property.
Valley National Bancorp, doing business as Valley Bank --
http://www.valley.com/-- is a regional bank holding company
headquartered in Morristown, New Jersey.[BN]
The Plaintiff is represented by:
Johan A. Obregon
MORGAN & MORGAN
30 Montgomery St, Suite 410
Jersey City, NJ 07302
Phone: (201) 209-3431
Facsimile: (201) 209-3481
Email: jobregon@forthepeople.com
- and -
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street 7th Floor
Tampa, FL 33602
Phone: (813) 223-5505
Fax: (813) 223-5402
Email: jyanchunis@forthepeople.com
ramen@forthepeople.com
The Defendants are represented by:
Scott S. Christie, Esq.
Matthew Adam Sklar, Esq.
Omar Abdussellam Bareentto, Esq.
MCCARTER & ENGLISH, LLP
Four Gateway Center
100 Mulberry Street
Newark, NJ 07102
Phone: (973) 622-4444
Email: schristie@mccarter.com
msklar@mccarter.com
obareentto@mccarter.com
VETERANS GUARDIAN: Ford Seeks to Vacate Class Cert Bid Deadline
---------------------------------------------------------------
In the class action lawsuit captioned as JENNIFER FORD,
individually and on behalf of all others similarly situated, v.
VETERANS GUARDIAN VA CLAIM CONSULTING, LLC, Case No.
1:23-cv-00756-TDS-LPA (M.D.N.C.), the Plaintiff asks the Court to
enter an order vacating her motion for class certification deadline
provided under Local Rule 23.1(b).
The Plaintiff filed her complaint on September 1, 2023 and the
Defendant filed a motion to dismiss the complaint on November 21,
2023.
An initial pretrial conference has not yet been scheduled in this
case. This case is a putative class action initiated under the
North Carolina Unfair and Deceptive Trade Practices Act ("UDTPA")
and the North Carolina Debt Collection Act ("NCDCA") on behalf of
two nationwide classes namely:
(i) the "UDTPA" class comprising of all veterans who paid
Veterans Guardian a fee in connection with preparing
claims
for VA Disability Compensation and
(ii) the "NCDCA" class comprising of all veterans who received
an
invoice from Veterans Guardian in connection with
preparing
claims for VA Disability Compensation.
The Plaintiff alleges that Veterans Guardian, being an unaccredited
agent, unlawfully prepares, presents, and prosecutes United States
Military veterans' disability compensation claims; charges veterans
illegal fees for doing so; and attempts to collect these unlawful
fees by emailing debt collection letters and falsely representing
the "true nature" of the debt. The Defendant denies these
allegations.
Veterans is a pre-filing consulting firm helping position veterans
to achieve the disability rating they are eligible for when they
file their claim for VA disability benefits and compensation.
A copy of the Plaintiff's motion dated Nov. 27, 2023 is available
from PacerMonitor.com at https://bit.ly/4a3f4VT at no extra
charge.[CC]
The Plaintiff is represented by:
Jeff Osterwise, Esq.
Shanon J. Carson, Esq.
BERGER MONTAGUE PC
1818 Market Street
Philadelphia, PA 191013
Telephone: (215) 875-4656
Facsimile: (215) 875-4604
E-mail: josterwise@bm.net
scarson@bm.net
rraghavan@bm.net
- and -
Janet R. Varnell, Esq.
Brian W. Warwick, Esq.
Christopher J. Brochu, Esq.
VARNELL & WARWICK, P.A.
400 N Ashley Drive, Suite 1900
Tampa, FL 33602
Telephone: (352) 753-8600
Facsimile: (352) 504-3301
E-mail: jvarnell@vandwlaw.com
bwarwick@vandwlaw.com
c.brochu@brochulaw.com
ckoerner@vandwlaw.com
VIVA ITALIA: Phase 1 Discovery in Healy Suit Due Jan. 19, 2024
--------------------------------------------------------------
In the class action lawsuit captioned as Healy, et al., v. Viva
Italia LLC, Case No. 2:22-cv-02397 (D, Kan., Filed Oct. 03, 2022),
the Hon. Judge Toby Crouse entered an order extending deadlines in
the amended phase 1 scheduling order:
-- All phase 1 discovery must be commenced Jan. 19,
2024
or served in time to be completed by:
-- The Plaintiffs' motion for conditional Feb. 9,
2024
class certification under the Fair
Labor Standards Act (FLSA) must be
filed by:
-- All other provisions of the amended phase 1 scheduling order
remain unchanged.
The suit alleges violation of Fair Labor Standards Act.[CC]
VIVID SEATS INC: Settles Ticket Cancellations Dispute
-----------------------------------------------------
Vivid Seats Inc. disclosed in its Form 10-Q report for the
quarterly period ended September 30, 2023, filed with the
Securities and Exchange Commission on October 20, 2023, that the
company has received multiple class action lawsuits related to
customer compensation for cancellations, primarily as a result of
COVID-19 restrictions.
A final order approving settlement of one of the lawsuits was
entered by the court on November 1, 2021. As such, after insurance,
$4.5 million was funded to a claims settlement pool in 2021 and
fully disbursed in 2022. A settlement was reached in another of the
lawsuits in July 2022 and received final approval from the court on
January 31, 2023. After insurance, the company paid $3.3 million to
cover legal and administrative fees and approved claims. Payments
for approved claims were made in August 2023.
Vivid Seats Inc. and its subsidiaries including Hoya Intermediate,
LLC, Hoya Midco, LLC and Vivid Seats LLC provide an online
secondary ticket marketplace that enables ticket buyers to discover
and easily purchase tickets to concert, sporting and theater events
in the United States, Canada and Japan.
VIVID SEATS INC: Settles Undisclosed Ticket Fees Dispute
--------------------------------------------------------
Vivid Seats Inc. disclosed in its Form 10-Q report for the
quarterly period ended September 30, 2023, filed with the
Securities and Exchange Commission on October 20, 2023, that it is
a co-defendant in a class action lawsuit in Canada alleging a
failure to disclose service fees prior to checkout, which we have
settled.
On January 5, 2022, the company issued coupons to certain members
of the class. Other members were notified in 2022 that they are
eligible to submit a claim for a coupon, which they received in
2023. As of September 30, 2023 and December 31, 2022, a liability
of $0.9 million was recorded in its accrued expenses and other
current liabilities.
Vivid Seats Inc. and its subsidiaries including Hoya Intermediate,
LLC, Hoya Midco, LLC and Vivid Seats LLC provide an online
secondary ticket marketplace that enables ticket buyers to discover
and easily purchase tickets to concert, sporting and theater events
in the United States, Canada and Japan.
WAKE COUNTY, NC: Plaintiffs Seek More Time for Class Cert Filing
----------------------------------------------------------------
In the class action lawsuit captioned as TIMIA CHAPLIN, et al, v.
WILLIE R. ROWE, in his official capacity as the Sheriff of Wake
County, et al., Case No. 1:23-cv-00423-WO-JLW (M.D.N.C.), the
Plaintiffs ask the Court to enter an order further extending the
time to move for class certification under Local Rule 23.1(b):
1. All Defendants whose counsel have made an appearance in this
case consent to Plaintiffs' requested extension as detailed
herein. LR 6.1(a).
2. On previous motion, this Court extended the time to move for
class certification until December 15, 2023.
3. In its order granting said extension, this Court noted that
its
"general preference is to address the class action question
after any motion to dismiss is resolved."
4. Under the current December 15, 2023, deadline, as explained
below, Plaintiffs will be required to move for certification
long before this Court has the opportunity to resolve any
motions to dismiss.
5. The Plaintiffs filed an amended complaint on October 27,
2023.
6. Several Defendants -- Tyler Technologies, Sheriff Rowe, and
Sheriff Estes -- moved for and received extensions of time to
respond to the amended complaint.
7. Other Defendants -- Ryan Boyce, Brad Fowler, Blair Williams,
Susie K. Thomas, and the North Carolina Administrative Office
of
the Courts -- were newly named in the amended complaint.
The Plaintiffs include KEVIN SPRUILL; ROTESHA MCNEIL; QIANA
ROBERTSON; YOUSEF JALLAL; MESSIEJAH BRADLEY; PAULINO CASTELLANOS;
ROBERT LEWIS; and ALLEN SIFFORD, on behalf of themselves and all
others similarly situated.
The Defendants include BRIAN ESTES, in his official capacity as the
Sheriff of Lee County; THE OHIO CASUALTY INSURANCE COMPANY, as
surety for the Sheriff of Wake County and as surety for the Sheriff
of Lee County; TYLER TECHNOLOGIES, INC.; NORTH CAROLINA
ADMINISTRATIVE OFFICE OF THE COURTS; RYAN BOYCE, in his official
capacity as the Executive Director of the North Carolina
Administrative Office of the Courts; BRAD FOWLER, in his official
capacity as the eCourts Executive Sponsor and Chief Business
Officer of the North Carolina Administrative Office of the Courts;
BLAIR WILLIAMS, in his official capacity as the Wake County Clerk
of Superior Court; SUSIE K. THOMAS, in her official capacity as the
Lee County Clerk of Superior Court; JOHN DOE SURETY, as the surety
for the Wake County Clerk of Superior Court and the Lee County
Clerk of Superior Court; and DOES 1 THROUGH 20, INCLUSIVE.
A copy of the Plaintiffs' motion dated Nov. 28, 2023 is available
from PacerMonitor.com at https://bit.ly/3RqH8eA at no extra
charge.[CC]
The Plaintiffs are represented by:
Zachary Ezor, Esq.
TIN FULTON WALKER & OWEN PLLC
119 Orange Street
Durham, NC 27701
Telephone: (919) 307-8400
E-mail: zezor@tinfulton.com
WALMART INC: Court Tosses Class Certification Bid in Carr Suit
--------------------------------------------------------------
In the class action lawsuit captioned as CLAUDIA CARR and LASHAWNA
WICKER, individually and on behalf of all others similarly
situated; v. WALMART, INC., a corporation, WAL-MART ASSOCIATES,
INC., a corporation, and DOES 1 through 50, inclusive; Case No.
5:21-cv-01429-AB-kk (C.D. Cal.), the Hon. Judge Andre Birotte Jr.
entered an order the denying the plaintiffs Claudia Carr and
Lashawna Wicker's motion for class certification:
The Court finds persuasive the fact that San Bernardino Superior
Court approved a $19 million class action and PAGA settlement in
Flores v. Walmart, (consolidated case no. CIVDS2023061) on October
16, 2023.
According to Plaintiff counsel’s own representations, the terms
of that settlement significantly impact the putative class claims
in the present case.
Importantly, proposed class representatives Carr and Wicker chose
to opt out of the Flores class settlement, whereas thousands of the
putative class did not.
Carr and Wicker are situated differently than the putative class
members, the overwhelming majority of whom did not opt out, and
thus, cannot meet the demands of typicality and adequacy.
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores.
A copy of the Court's order dated Nov. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3Tb1w4x at no extra charge.[CC]
WALMART INC: Walz Suit Removed to W.D. Washington
-------------------------------------------------
The case captioned as Joshua Walz, individually and on behalf of
all those similarly situated v. WALMART INC., a Foreign Profit
Corporation; DELIVERY DRIVERS, INC., a Foreign Profit Corporation;
and ASHLEY HATFIELD, individually and her marital community, if
any, Case No. 23-2-10696-8 was removed from the Superior Court of
Washington in and for Pierce County, to the United States District
Court for the Western District of Washington on Nov. 27, 2023, and
assigned Case No. 3:23-cv-06083.
In the Complaint, Plaintiff derives his claims from Defendants'
alleged policy which allegedly "misclassified Plaintiff and members
of the putative class as independent contractors when they were
Defendants' employees." Based on the allegations in the Complaint
and on behalf of himself and the putative class action members,
Plaintiff seeks damages for unpaid wages, exemplary damages "in
amounts double the wages due," attorneys' fees, cost, prejudgment
interest, and class certification.[BN]
The Defendants are represented by:
Adam T. Pankratz, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Phone: (206) 693-7057
Facsimile: (206) 693-7058
Email: adam.pankratz@ogletree.com
WARREN GENERAL HOSPITAL: Berry Files Suit in W.D. Pennsylvania
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A class action lawsuit has been filed against Warren General
Hospital. The case is styled as Jean Berry, individually and on
behalf of all others similarly situated v. Warren General Hospital,
Case No. 1:23-cv-00338-SPB (W.D. Pa., Nov. 28, 2023).
The nature of suit is stated as Other Contract.
Warren General Hospital -- https://www.wgh.org/ -- is widely
regarded as the best hospital in the area due to its exceptional
medical care and patient-centered approach.[BN]
The Plaintiff appears pro se.
WASATCH ADVANTAGE: Bid for Leave to File 6th Amended Complaint OK'd
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In the class action lawsuit captioned as DENIKA TERRY, et al., v.
WASATCH ADVANTAGE GROUP, LLC, et al., Case No. 2:15-cv-00799-KJM-DB
(E.D. Cal.), the Hon. Judge entered an order granting the
Plaintiffs' motion for leave to file the Sixth Amended Complaint.
The Plaintiffs are directed to file the Sixth Amended Complaint
within seven days of the filing of this order.
The certified class for damages or restitution is now defined as
follows:
"All persons who, in the time period starting on April 14, 2011
(four years prior to the date of filing the initial Complaint in
this action) through November 30, 2022, (1) have been tenants at
any of Defendants' California properties; (2) have participated
in
the "Section 8" Housing Choice Voucher Program in connection
with
their tenancies at the California properties; and (3) have paid
additional charges set forth in Additional Services Agreements
in
excess of their individual portions of the contract rent set
forth
in the HAP Contracts."
The Plaintiffs, on behalf of a class of individuals, are tenants
who receive rental assistance through the federally subsidized
Section 8 Housing Choice Voucher Program. They claim defendant
lessors improperly charged plaintiffs for additional services and
required them to purchase renter's insurance.
Wasatch offers real estate development and management services.
A copy of the Court's order dated Nov. 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3t8m0jK at no extra charge.[CC]
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