/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240103.mbx C L A S S A C T I O N R E P O R T E R Wednesday, January 3, 2024, Vol. 26, No. 3 Headlines 1ST SOURCE BANK: Duboise Sues Over Security Vulnerability 222 SPIRITS: Sookul Files ADA Suit in S.D. New York ALOGENT HOLDINGS: Paweski Sues Over Unsecured Personal Info ANTHEM COMPANIES: Class Cert. Replies Due Jan. 14 BERKELEY COUNTY, SC: Fosdick Seeks Conditional Class Certification BLUE CROSS: Bid to Decertify Class in C.P. Suit Tossed CANDELA RESTAURANT: Nashed and Medina Allege Labor Law Violations CHARGEPOINT HOLDINGS: Faces Securities Suit Over SEC Disclosures CHEEMA FREIGHTLINES: Prince Suit Removed to E.D. California CMG MEDIA: Filing for Class Cert. Bid Extended to June 8 COLLECTION PROFESSIONALS: Court Certifies Class in McGrady COOLPORT MANAGEMENT: Johnson Suit Removed to N.D. California CORE CIVIC: Tia Files Suit in C.D. California CROSS COUNTRY HEALTHCARE: Summers Files Suit in Cal. Super. Ct. DELL TECHNOLOGIES: Settlement Reached in Securities Suit DOLEX DOLLAR: Gallegos Suit Removed to C.D. California DOLLAR GENERAL: Faces Shareholder Suits Over Disclosures ECOSHIELD PEST: Dykstra Suit Removed to W.D. Washington EDGEWELL PERSONAL: Seeks to Strike Report of Gaskin & Colin EDGEWELL PERSONAL: Seeks to Strike Testimony of Expert EMERGENCY COVERAGE: Shelton Sues Over Improperly Collected Funds EMS MANAGEMENT: O'Neal Suit Transferred to D. Massachusetts EXP WORLD HOLDINGS: Faces Grace Antitrust Suit Over Brokerage Fees EXPRESS INC: Settlement in Chacon Suit Gets Initial Nod EXXON MOBIL: Class Cert. Scheduling Order Entered in Yoshikawa GOOGLE LLC: Class Cert Bid Partly Granted in Kumandan Suit GSF PROPERTIES: Droubi Files Suit in Cal. Super. Ct. HEIGHTS FINANCE: Scheduling Order Entered in Alexander Class Suit HERITAGE MANOR WEST: Bowie Files Suit in W.D. Louisiana HOST INTERNATIONAL: Johnson Suit Removed to E.D. California HP INC: Faces Securities Suit Over SEC Disclosures HUNTER WARFIELD: Blizzard Sues Over Unlicensed Rental Properties INTERNATIONAL PAPER: Maldonado Suit Removed to E.D. California J & M CORONA DELI: Hernandez Alleges Labor Law Breaches JAMES RIVER GROUP: To Settle Employee Fund Shareholder Suit JOHNSON & JOHNSON: Means Suit Transferred to E.D. New York JOHNSON & JOHNSON: Reinkraut Suit Transferred to E.D. New York JOHNSON & JOHNSON: Thorns Suit Transferred to E.D. New York JOHNSON & JOHNSON: Walker Suit Transferred to E.D. New York JOHNSON & JOHNSON: Wilson Suit Transferred to E.D. New York KAISER FOUNDATION: Settlement Class Gets Certification in Schmitt KAY IVEY: Council Sues Over Discriminatory Parole Decision-Making LEGACY INSURANCE: Hinesley Files TCPA Suit in N.D. Florida LEVEL 3: Bid for Conditional Status Referred to Magistrate Judge LONGVIEW INVESTORS: Sezonov Files Suit in E.D. New York LOS ANGELES COUNTY, CA: Class Cert Bid Opposition Due Jan. 26 MANHATTAN COGNITIVE-BEHAVIORAL: Durantas Files ADA Suit in E.D.N.Y. MARIANI PACKING: Court OK's Class Certification Briefing Schedule MATCH GROUP INC: Baker Suit Transferred to N.D. Texas MCNEIL CONSUMER: Valdes Suit Transferred to E.D. New York META PLATFORMS: Stark Seeks Compliance to Produce Certain Docs MIDFIRST BANK: De Medicis Sues Over Inadequate Data Security MINACT INC: Stinson Files Suit in Cal. Super. Ct. MISSISSIPPI BEHAVIORAL: Parties File Joint Bid To Extend Deadlines MIXHERS LLC: Bunting Sues Over Blind-Inaccessible Website MR. COOPER: Crawford Suit Removed to N.D. Texas MULLIKIN GROUP: Armstrong Sues to Recover Unpaid Overtime Wages NASSAU COUNTY, NY: Faces Suit Over Retirees' Healthcare Benefits NEWPORT GROUP: Amec Bid to Dismiss Symetra Cross-Claim Tossed NEWPORT GROUP: Amec Bid to Junk Symetra Cross-Claim Nixed in Ewing NEWPORT GROUP: Amec Bid to Toss Symetra Cross-Claim Nixed in Harris NOVAVAX INC: Settles Sinnathurai Suit Over SEC Filing NUTANIX INC: Settlement Deal Reached in Securities Suit OHNH EMP: Scott Sues Over Unpaid Overtime Compensation PEGASYSTEMS INC: Plaintiffs Seek to Certify Class Action PHARMACARE US: Deadlines in 4th Amended Scheduling Order Vacated PMH-USA INC: Perez and Garcia Allege Labor Law Breaches PRECISION IMAGING: Class Cert Bid Filing Extended to Jan. 5 PROCTER & GAMBLE: Reyes Suit Transferred to E.D. New York PROCTER & GAMBLE: Travis Suit Transferred to E.D. New York PROCTER & GAMBLE: Vent Suit Transferred to E.D. New York PROTECTIVE LIFE: Court Vacates Class Cert Hearing in Allen SOLGAARD DESIGN: Tucker Files ADA Suit in S.D. New York SUN CITY ROSEVILLE: Ublado Files Suit in Cal. Super. Ct. SYSTEMS EAST INC: Williams Files Suit in N.D. New York TAYLOR FARMS RETAIL: Magallan Suit Removed to N.D. California TENNESSEE GAS: Koontz Suit Removed to E.D. Louisiana UNITED HEALTHCARE: Abramowitz Suit Transferred to S.D. Florida UNITED RECOVERY: Class Certification Hearing Set for April 30 UNITEDHEALTH GROUP: Dillman-Hasso Suit Transferred to D. Mass. URBAN OUTFITTERS: Hartley Sues Over Unlawful Collection of Data US TITLE CO: Neff Sues Over Underpayment of Wages WASHINGTON COLLEGE: Creasy Files Suit in D. Maryland WATERTON RESIDENTIAL: Shakir Sues Over Unpaid Compensation YUM! BRANDS INC: Knighten Suit Transferred to E.D. Tennessee ZARA USA: Mikhchi Suit Removed to E.D. Louisiana ********* 1ST SOURCE BANK: Duboise Sues Over Security Vulnerability --------------------------------------------------------- Sharon Duboise, individually and on behalf of all others similarly situated v. 1ST SOURCE BANK and PROGRESS SOFTWARE CORPORATION, Case No. 1:23-cv-13055-ADB (D. Mass., Dec. 12, 2023), is brought arising out of the recent targeted cyberattack and data breach where unauthorized third-party criminals retrieved and exfiltrated the highly-sensitive consumer data of Plaintiff, and nearly 450,000 Class Members, via a security vulnerability in PSC's software program, MOVEit, which is used by 1st Source to transfer sensitive information (the "Data Breach"). As part of its business, Defendant 1st Source acquires, collects, and stores consumers' personal data, including personally identifying information ("PII") and sensitive financial information (collectively, "Private Information"). According to Defendant 1st Source, the Private Information compromised in the Data Breach includes: customer names, dates of birth, driver's license or other state identification card numbers, and Social Security numbers. Despite claiming its mission is to "help our clients achieve security," Defendant 1st Source failed to adequately safeguard Plaintiff's and Class Members' highly sensitive Private Information that it collected and maintained. Specifically, Defendant 1st Source, used Defendant PSC's MOVEit software to store and transfer the Private Information of Plaintiff and Class Members, and this Private Information was compromised as a result of a security vulnerability in the MOVEit software. 1st Source owed a non-delegable duty to Plaintiff and Class Members to implement reasonable and adequate security measures to protect their Private Information. Yet, 1st Source maintained and shared the Private Information in a negligent and/or reckless manner. In particular, the Private Information was maintained on computer systems in a condition vulnerable to cyberattacks. Upon information and belief, the mechanism of the cyberattack and potential for improper disclosure of Plaintiff's and Class Members' Private Information was a known risk to 1st Source, and 1st Source was therefore on notice that failing to take steps necessary to ensure its vendors, including Defendant PSC, properly safeguarded Plaintiff's and Class Members' Private Information from those risks left that Private Information in a vulnerable condition. The Plaintiff's and Class Members' Private Information was compromised due to Defendants' negligent and/or careless acts and omissions and the failure to reasonably and adequately protect Plaintiff's and Class Members' Private Information. As a result of the Data Breach, Plaintiff and Class Members face a substantial risk of imminent and certainly impending harm, heightened here by the loss of Social Security numbers, a class of Private Information which is particularly valuable to identity thieves. Plaintiff and Class Members have and will continue to suffer injuries associated with this risk, including but not limited to a loss of time, mitigation expenses, and anxiety over the misuse of their Private Information, says the complaint. The Plaintiff is a natural person, resident, and citizen of the State of Arizona residing in Pinal County. The Defendant 1st Source "has become the largest locally controlled financial institution headquartered in the northern Indiana southwestern Michigan area with nearly $8 billion in assets and more than 1100 employees."[BN] The Plaintiff is represented by: Steven B. Rotman, Esq. HAUSFELD LLP One Marina Park Drive, Suite 1410 Boston, MA 02210 Phone: (617) 207-0600 Fax: (617) 830-8312 Email: srotman@hausfeld.com - and - James J. Pizzirusso, Esq. B. Annabelle Emuze, Esq. HAUSFELD LLP 888 16th Street, N.W., Suite 300 Washington, D.C. 20006 Phone: (202) 540-7200 Fax: (202) 540-7201 Email: jpizzirusso@hausfeld.com aemuze@hausfeld.com - and - Steven M. Nathan, Esq. HAUSFELD LLP 33 Whitehall Street, Fourteenth Floor New York, NY 10004 Phone: (646) 357-1100 Fax: (212) 202-4322 Email: snathan@hausfeld.com 222 SPIRITS: Sookul Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against 222 Spirits Company LLC. The case is styled as Sanjay Sookul, on behalf of himself and all others similarly situated v. 222 Spirits Company LLC, Case No. 1:23-cv-10811 (S.D.N.Y., Dec. 12, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. 222 Spirits Company LLC doing business as Calirosa Rosa Blanco -- https://calirosatequila.com/ -- is a premium tequila made using the finest 100% blue agave and aged in prized red wine barrels for one month.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com ALOGENT HOLDINGS: Paweski Sues Over Unsecured Personal Info ----------------------------------------------------------- CHRISTINE PAWESKI, individually and on behalf of all others similarly situated, Plaintiff v. ALOGENT HOLDINGS, INC., Defendant, Case No. 1:23-cv-05705-TWT (N.D. Ga., December 12, 2023) arises from the Defendant's failure to properly secure and safeguard personally identifiable information (PII) against criminal hackers, asserting claims against the Defendant for negligence, negligence per se, delaratory judgment, and for violations of the Federal Trade Commission Act. Beginning on or around May 30, 2023, the notorious CL0P ransomware gang exploited a vulnerability in the MOVEit software and accessed, copied, and/or stole Plaintiff's and Class members' PII stored on Alogent’s MOVEit systems and servers. Despite the data breach occurring between May 30 and June 1, 2023, Alogent did not begin notifying impacted individuals until on or about August 14, 2023, over two months after the data breach occurred, says the suit. Headquartered in the Atlanta metropolitan area in Georgia, Alogent is a software and services company that provides financial digitization and automation services to banks and credit unions. These services include, among other things, facilitating digital check processing for its client financial institutions. [BN] The Plaintiff is represented by: Gary F. Lynch, Esq. Nicholas A. Colella, Esq. LYNCH CARPENTER LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 E-mail: gary@lcllp.com nickc@lcllp.com - and - Joseph P. Gugliel, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP 230 Park Avenue, 17th Floor New York, NY 10169 Telephone: (212) 223-6444 E-mail: jguglielmo@scott-scott.com - and - Brian C. Gudmundson, Esq. ZIMMERMAN REED LLP 1100 IDS Center, 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 341-0400 E-mail: brian.gudmundson@zimmreed.com - and - Andrea R. Gold, Esq. TYCKO & ZAVAREEI LLP 2000 Pennsylvania Avenue NW #1010 Washington, DC 20006 Telephone: (202) 973-0900 E-mail: agold@tzlegal.com ANTHEM COMPANIES: Class Cert. Replies Due Jan. 14 ------------------------------------------------- In the class action lawsuit captioned as WINIFRED MIDKIFF, et al., on behalf of themselves and all others similarly situated, v. THE ANTHEM COMPANIES, INC. et al., Case No. 3:22-cv-00417-HEH (E.D. Va.), the Hon. Judge Henry E. Hudson entered an order granting in part the Defendant's motion for extension of time to file response / reply. -- The responses to the Plaintiffs' motion to certify class, the Plaintiffs' motion for partial summary judgment, the Defendants' motion to decertify the conditionally certified collective, and the Defendants' motion for summary judgment will be due on Dec. 31, 2023 and the replies will be due on Jan. 14, 2024. Anthem offers managed healthcare related products and administrative services. A copy of the Court's order dated Dec. 12, 2023 is available from PacerMonitor.com at https://bit.ly/477p25X at no extra charge.[CC] BERKELEY COUNTY, SC: Fosdick Seeks Conditional Class Certification ------------------------------------------------------------------ In the class action lawsuit captioned as LORETTA FOSDICK, Individually and Behalf all others Similarly Situated, v. BERKELEY COUNTY, Case No. 2:23-cv-03375-RMG (D.S.C.), the Plaintiffs Loretta Fosdick and Opt In Plaintiff Allison Barry file a motion for conditional class certification on Nov. 17, 2023, requesting the Court conditionally certify the case and authorize notice to putative collective action members, pursuant to section 16(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C section 216. The putative collective action members are current and former Berkeley County Convenience Center Operators who allege they worked off the clock before and after their scheduled shift resulting in them not being paid overtime wages for all hours worked in excess of 40 hours per week from three years prior to the date the Court issues an order conditionally certifying the class. The Parties request the Court order the following: 1. Conditionally certify this action as a collective action for recovering overtime compensation under 29 U.S.C. section 216(b). 2. Define the Putative Class as follows: All current and former Berkeley County Convenience Center Operators who worked off the clock before and/or after their scheduled shift resulting in them not being paid overtime wages for all hours worked in excess of 40 hours per week at any time [from three years prior to the date the Court issues an order conditionally certifying the class] to the present. 3. Order the Defendant provide Plaintiffs' counsel with the following in electronic (Excel spreadsheet) form for all members of the Putative Class, within fifteen (15) business days of an order: a. Full legal name; b. All known mailing addresses; c. All known cellular telephone numbers; and, d. All known email addresses. A copy of the Plaintiffs' motion dated Dec. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3NXsF7V at no extra charge.[CC] The Plaintiff is represented by: Bob J. Conley, Esq. CLEVELAND & CONLEY, L.L.C. One Seventy-One Church Street, Suite 310 Charleston, SC 29401 Telephone: (843) 577-9626 E-mail: bconley@clevelandlaborlaw.com - and - Marybeth Mullaney, Esq. MULLANEY LAW, L.L.C. 652 Rutledge Ave., Suite A Charleston, SC 29403 Telephone: (800) 385-8160 E-mail: marybeth@mullaneylaw.net BLUE CROSS: Bid to Decertify Class in C.P. Suit Tossed ------------------------------------------------------ In the class action lawsuit captioned as C. P., by and through his parents, Patricia Pritchard and Nolle Pritchard, S.L., by and through her parents, S.R. and R.L.; EMMETT JONES, individually and on behalf of others similarly situated; and PATRICIA PRITCHARD, individually, v. BLUE CROSS BLUE SHIELD OF ILLINOIS, Case No. 3:20-cv-06145-RJB (W.D. Wash.), the Hon. Judge Robert J. Bryan entered an order denying Blue Cross Blue Shield of Illinois's motion to decertify the class. The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address. Blue Cross’s motion to decertify the class based on its contention that retrospective relief destroys compliance with Rule 23 should be denied. The retrospective equitable injunctive relief requested does not require that the class be decertified. The case concerns Blue Cross and its discrimination. Other parties' conduct may be the subject before other courts, or may be based on their good faith conduct in avoiding illegal discrimination. Blue Cross's contention that the Plaintiffs will not get final relief due to Blue Cross's competitors' actions is supposition and not a ground to decertify the class. The Plaintiffs claim that Blue Cross violated the anti-discrimination provision of the Affordable Care Act ("ACA"), when it administered discriminatory exclusions of gender affirming care in self-funded health care plans governed by the Employee Retirement Income Security Act of 1974 ("ERISA"). The Plaintiffs' motion to certify a class of similarly situated people was granted on November 9, 2022. Blue Cross is a health insurer in Illinois, offering group and individual health insurance coverage. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/3GJmVdJ at no extra charge.[CC] CANDELA RESTAURANT: Nashed and Medina Allege Labor Law Violations ----------------------------------------------------------------- Mina Nashed, and Destiny Medina, on behalf of themselves and others similarly situated in the proposed FLSA Collective Action, Plaintiffs v. Candela Restaurant Corp., Lamoza Mediterranean Cafe LLC, Fady Genges, Waleed Mina, and Amir Andraous, Defendants, Case No. 1:23-cv-09122 (E.D.N.Y., December 12, 2023) seeks injunctive and declaratory relief and to recover unpaid minimum wages, overtime wages, unpaid spread-of-hours, liquidated and statutory damages, pre- and post-judgment interest, and attorneys' fees and costs pursuant to the Fair Labor Standards Act, New York State Labor Law and the NYLL's Wage Theft Prevention Act. Plaintiff Nashed worked as a floor manager and general worker at Lamoza and Red Oak, from on or around September 2016 to, through and including October 12, 2023. Plaintiff Medina worked as a waitress at Red Oak, from on or around August 2021 to, through and including the present date. Allegedly, Defendants did not pay Plaintiffs at the rate of one and one-half times their hourly wage rate for hours worked in excess of forty per workweek. Among other things, Defendants also failed to provide wage statements to Plaintiffs, says the suit. Based in Brooklyn, NY, Candela Restaurant Corp. is a domestic corporation organized and existing under the laws of the state of New York. [BN] The Plaintiffs are represented by: Joshua Levin-Epstein, Esq. Jason Mizrahi, Esq. LEVIN-EPSTEIN & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4700 New York, NY 10165 Telephone: (212) 792-0046 E-mail: Joshua@levinepstein.com CHARGEPOINT HOLDINGS: Faces Securities Suit Over SEC Disclosures ---------------------------------------------------------------- ChargePoint Holdings, Inc. disclosed in its Form 10-Q report for the quarterly period ended October 31, 2023, filed with the Securities and Exchange Commission on December 8, 2023, that a class action lawsuit alleging violations of federal securities laws was filed on November 29, 2023 in the U.S. District Court for the Northern District of California against ChargePoint Holdings, Inc., and some of its former officers The complaint purports to be brought on behalf of purchasers of ChargePoint stock between June 1, 2023, and November 16, 2023 and alleges that the defendants made materially false and misleading statements regarding component costs and supply overruns for direct-current charging products which resulted in impairment charges and an adverse impact on profitability. The complaint seeks unspecified monetary damages and other relief. ChargePoint Holdings, Inc. designs, develops and markets networked electric vehicle charging system infrastructure, connected through cloud-based services which enable charging system owners, or hosts, to manage their Networked Charging Systems, enable drivers to locate, reserve and authenticate Networked Charging Systems and to transact charging sessions on those systems. CHEEMA FREIGHTLINES: Prince Suit Removed to E.D. California ----------------------------------------------------------- The case captioned as Stephen Prince, on behalf of himself, all others similarly situated, and the general public v. CHEEMA FREIGHTLINES, LLC, a California limited liability company and DOES 1 through 10, inclusive, Case No. STK-CV-UOE-2023-11625 was removed from the Superior Court of the State of California, County of San Joaquin, to the U.S. District Court for the Eastern District of California on Dec. 13, 2023, and assigned Case No. 2:23-cv-02907-DJC-AC. On November 6, 2023, Plaintiff filed a class action complaint against Defendant in the Superior Court of California for the County of San Joaquin and alleged causes of action for Failure to Pay Minimum Wages Earned; Failure to Reimburse all Business-Related Expenses; Failure to Provide Access to Payroll Records; Failure to Provide Access to Personnel Records; Failure to Comply with Itemized Wage Statement Provisions; Failure to Timely Pay Wages Due at Separation of Employment; Unfair Competition Pursuant to Business and Professions Code (hereinafter referred to as "Complaint").[BN] The Defendants are represented by: Harry B Gill, Esq. HBG LAW, PC 4317 North Star Way, Suite B Modesto, CA 95356 Phone: (209) 285-2100 Fax: (209) 285-2114 Email: harry.gill@hbglaw.com CMG MEDIA: Filing for Class Cert. Bid Extended to June 8 -------------------------------------------------------- In the class action lawsuit captioned as Hawkins v. CMG Media Corporation, Case No. 1:22-cv-04462 (N.D. Ga., Filed Nov. 8, 2022), the Hon. Judge J. P. Boulee entered an order granting unopposed motion to move for class certification. -- The deadline is extended through and including June 8, 2024. The suit alleges violations of the Video Privacy Protection Act. CMG is an American media conglomerate principally owned by Apollo Global Management in conjunction with Cox Enterprises.[CC] COLLECTION PROFESSIONALS: Court Certifies Class in McGrady ---------------------------------------------------------- In the class action lawsuit captioned as KENNETH MCGRADY, individually and on behalf of all similarly situated persons, v. COLLECTION PROFESSIONALS, INC., a Wyoming corporation; BARNEY & GRAHAM, LLC, a Wyoming limited liability company; WESTON T GRAHAM; CHRISTOPHER COCCIMIGLIO; and DAVID C COCCIMIGLIO, Case No. 1:22-cv-00100-SWS (D. Wyo.), the Hon. Judge Scott W. Skavdahl entered an order granting the Plaintiffs' motion for class certification under Rule 23(b)(3) and appointment of class counsel under Rule 23(g): "All persons with addresses within Wyoming: who, between May 3, 2021, and May 3, 2022, directly or indirectly received any document which was similar or identical to Consumer's Exhibits A; that purports to be a summons filed, or to be filed in a Wyoming circuit court: that identifies CPI as the plaintiff and [Barney & Graham, LLC], or one of its attorneys. As attorney for the plaintiff; that was used to recover a consumer debt; and which: (1) omitted the full mailing address of the Circuit Court; (2) the full mailing address of the Plaintiff's attorney; (3) failed to state that when the summons is filed with the court a notice will be mailed by the Plaintiff; or (4) contained the following language: judgment by default will be taken against you." A copy of the Court's order dated Dec. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3RMJ6pE at no extra charge.[CC] COOLPORT MANAGEMENT: Johnson Suit Removed to N.D. California ------------------------------------------------------------ The case captioned as Timothy Johnson, an individual, on behalf of himself and others similarly situated v. COOLPORT MANAGEMENT LLC, a Delaware limited liability company; DRESISBACH ENTERPRISES, INC. a California stock corporation; and DOES 1 through 50, inclusive, Case No. C23-02780 was removed from the Superior Court of the State of California, County of Contra Costa, to the U.S. District Court for the Northern District of California on Dec. 13, 2023, and assigned Case No. 3:23-cv-06419. The Plaintiff seeks to represent eleven additional subclasses of individuals consisting of the "Minimum Wage Subclass," "Wages and Overtime Subclass," "Meal Period Subclass," "Rest Period Subclass," "Wage Statement Subclass," "Unauthorized Deductions from Wages Subclass," "Failure to Timely Pay Wages Twice Monthly Subclass," "Termination Pay Subclass," "Expense Reimbursement Subclass," "Failure to Maintain Reasonable Temperature Subclass," and "UCL Subclass."[BN] The Defendants are represented by: Scott P. Jang, Esq. JACKSON LEWIS P.C. 50 California Street, 9th Floor San Francisco, CA 94111-4615 Phone: (415) 394-9400 Facsimile: (415) 394-9401 Email: Scott.Jang@jacksonlewis.com - and - Sean M. Bothamley, Esq. Jimmy Macias, Esq. JACKSON LEWIS P.C. 160 W. Santa Clara St., Suite 400 San Jose, CA 95113 Phone: (408) 579-0404 Fax: (408) 454-0290 Email: Sean.Bothamley@jacksonlewis.com Jimmy.Macias@jacksonlewis.com CORE CIVIC: Tia Files Suit in C.D. California --------------------------------------------- A class action lawsuit has been filed against Core Civic, et al. The case is styled as Peter R. Tia, and all those similarly situated v. Core Civic formerly CCA, the City of San Bernardino, The unknown does 1-3 San Bernardino D.A.'s Investigators, individual, official capacity; Hans Taala, State of Hawaii at it's Halawa prisons LDS clergy, individual and official capacity; Lakesha Doe, Central City Lutheran Mission (CCLM) staff, individual and official capacity; Brian Doe, Central City Lutheran Mission (CCLM) staff, individual and official capacity; David Doe, Central City Lutheran Mission (CCLM) staff, individual and official capacity; Robert Doe, Central City Lutheran Mission (CCLM) staff, individual and official capacity; lehp staff Francisco, individual and official capacity; senior hsg. Coordinator doe, individual and official capacity; Mark Staggs of Core Civi at Mason, Tn., individual and official capacity; Ms. Baker, individual and official capacity; Broke Leg doe Tennessee prisoner, individual and official capacity; Utah FBI agent doe individual and official capacity; The city of Honolulu, Hi; Unknown employees at DPS individual; Unknown employees at DPS, official capacity; Tim Mejia, police informant at Rialto Police Dpt., individual; LDS also known as: Mormon beliefs, individual; LDS also known as: Mormon beliefs, Case No. 5:23-cv-02545-ODW-AS (C.D. Cal., Dec. 13, 2023). The nature of suit is stated as Other Civil Rights for Civil Rights Act. CoreCivic -- http://www.corecivic.com/-- formerly the Corrections Corporation of America, is a company that owns and manages private prisons and detention centers and operates others on a concession basis.[BN] The Plaintiff appears pro se. CROSS COUNTRY HEALTHCARE: Summers Files Suit in Cal. Super. Ct. --------------------------------------------------------------- A class action lawsuit has been filed against Cross Country Healthcare, Inc., et al. The case is styled as Sandra Summers, Dariia Feldenheimer, individually and on behalf of all other similarly situated aggrieved employees v. Cross Country Healthcare, Inc., Does 1-50, Inclusive, Case No. CGC23611080 (Cal. Super. Ct., San Francisco Cty., Dec. 13, 2023). The case type is stated as "Other Non-Exempt Complaints." Cross Country Healthcare, Inc. -- https://www.crosscountry.com/ -- is a leading tech-enabled workforce solutions and advisory firm with 36 years of industry experience and insight.[BN] The Plaintiffs are represented by: Eve H. Cervantez, Esq. ALTSHULER BERZON LLP 177 Post St., Ste. 300 San Francisco, CA 94108-4733 Phone: 415-421-7151 Fax: 415-362-8064 Email: ecervantez@altber.com DELL TECHNOLOGIES: Settlement Reached in Securities Suit -------------------------------------------------------- Dell Technologies disclosed in its Form 10-Q for the quarterly period ended May 5, 2023, filed with the Securities and Exchange Commission on June 12, 2023, that during the fourth quarter of fiscal year 2023, the plaintiffs and the defendants in a class action complaint filed against the company entered into an agreement to settle the lawsuit. Under the terms of the settlement, the plaintiffs agreed to the dismissal of all claims upon payment of a total of $1.0 billion, which includes all costs, expenses and fees of the plaintiff class relating to the action and its resolution and on May 16, 2023, the company paid the settlement amount following approval of the settlement by the Delaware Court of Chancery. Class action complaints were filed against the company with regards to a December 28, 2018 transaction in which it paid $14.0 billion in cash and issued 149,387,617 shares of its Class C Common Stock to holders of its Class V Common Stock in exchange for all outstanding shares of Class V Common Stock. As a result of the Class V transaction, the tracking stock feature of the company's capital structure associated with the Class V Common Stock was terminated. Certain stockholders of the company subsequently brought class action complaints arising out of the Class V transaction in which they named as defendants Michael S. Dell and certain other directors serving on the company's board of directors at the time of the Class V transaction, certain stockholders of the company, consisting of Mr. Dell and Silver Lake Group LLC and certain of its affiliated funds and Goldman Sachs & Co. LLC, which served as financial advisor to the company in connection with the transaction. The plaintiffs generally alleged that the director defendants and the stockholder defendants breached their fiduciary duties under Delaware law to the former holders of the Class V common stock in connection with the Class V transaction by offering a transaction value that was allegedly billions of dollars below fair value. Dell Technologies is a technology provider that designs, develops, manufactures, markets, sells, and supports solutions, products, and services based in Texas. DOLEX DOLLAR: Gallegos Suit Removed to C.D. California ------------------------------------------------------ The case captioned as Roman Ramirez Gallegos, individually and on behalf of others similarly situated v. DOLEX DOLLAR EXPRESS, INC., a Texas corporation; and DOES 1 through 25, inclusive, Case No. 23STCV21872 was removed from the Superior Court of the Superior Court of the State of California, County of Los Angeles, to the U.S. District Court for the Central District of California on Dec. 13, 2023, and assigned Case No. 2:23-cv-10425. The Complaint alleges nine causes of action which Plaintiff pursues on a class-wide basis: Violation of California Labor Code Sections 1194, 1197, and 1197.1 (Unpaid Minimum Wages); Violation of California Labor Code Sections 510 and 1198 (Unpaid Overtime); Violation of California Labor Code Sections 226.7 and 512(a) (Unpaid Meal Period Premiums); Violation of California Labor Code Section 226.7 (Unpaid Rest Period Premiums); Violation of California Labor Code Sections 204 and 210 (Wages Not Timely Paid During Employment); Violation of California Labor Code Sections 226(a) (Failure to Provide Accurate Wage Statements); Violation of California Labor Code Sections 201, 202, and 203 (Untimely Final Wages); Violation of California Labor Code Sections 2800 and 2802 (Failure to Reimburse Necessary Business Expenses); and Violation of Cal. Business and Professions Code.[BN] The Defendants are represented by: Daniel B. Chammas, Esq. Min K. Kim, Esq. FORD HARRISON LLP 350 S. Grand Avenue, Suite 2300 Los Angeles, CA 90071 Phone: (213) 237-2400 Facsimile: (213) 237-2401 Email: dchammas@fordharrison.com mkim@fordharrison.com DOLLAR GENERAL: Faces Shareholder Suits Over Disclosures -------------------------------------------------------- Dollar General Corporation disclosed in its Form 10-Q report for the quarterly period ended November 3, 2023, filed with the Securities and Exchange Commission on December 7, 2023, that on November 27, 2023, and November 30, 2023, respectively, the following putative shareholder class action lawsuits were filed in the United States District Court for the Middle District of Tennessee in which the plaintiffs allege that during the putative class periods noted below, the company and certain of its current and former officers violated the federal securities laws by misrepresenting the impact of alleged store labor, inventory, pricing and other practices on the company's financial results and prospects, namely "Washtenaw County Employees' Retirement System v. Dollar General Corporation, et al.," (Case No. 3:23-cv-01250) and "Robert J. Edmonds v. Dollar General Corporation, et al." (Case No. 3:23-cv-01259). The plaintiffs seek compensatory damages, equitable/injunctive relief, pre- and post-judgment interest and attorneys' fees and costs. The deadline to seek appointment by the court to serve as the lead plaintiff in the Shareholder Securities Litigation is January 26, 2024. Dollar General Corporation is a discount retailer in the United States with 19,726 stores located in 48 U.S. states and Mexico as of November 3, 2023, with the greatest concentration of stores in the southern, southwestern, midwestern and eastern United States. ECOSHIELD PEST: Dykstra Suit Removed to W.D. Washington ------------------------------------------------------- The case captioned as Dylon Dykstra, individually and on behalf of all others similarly situated v. ECOSHIELD PEST SOLUTIONS SEATTLE, LLC, an Arizona limited liability corporation; and DOES 1-20, Case No. 2023-CP-10-05303 was removed from the Superior Court of Washington for King County, to the U.S. District Court for the Western District of Washington on Dec. 12, 2023, and assigned Case No. 2:23-cv-01908. The Complaint purports to seek relief from Defendant related to Washington's Minimum Wage Act, Industrial Welfare Act, Wage Payment Act and Wage Rebate Act. Specifically, the Complaint seeks compensatory, injunctive, and declaratory relief and claims that Defendant failed to provide meal periods, provide rest periods, and furnish accurate wage statements.[BN] The Defendants are represented by: Matthew J. Macario, Esq. Sieu K. Che, Esq. FISHER & PHILLIPS LLP 1700 7th Avenue, Suite 2200 Seattle, WA 98101 Phone: 206-682-2308 Facsimile: 206-682-7908 Email: mmacario@fisherphillips.com sche@fisherphillips.com EDGEWELL PERSONAL: Seeks to Strike Report of Gaskin & Colin ----------------------------------------------------------- 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 Defendant will move the Court to enter an order on March 28, 2024, excluding the survey, expert declaration, and any testimony by Steven Gaskin and Colin Weir pursuant to Fed. R. Evid. 104(a), 702, 703, and 403. In early 2021, Plaintiff Kenneth Glassman sought sunscreen that would be "compliant" with "Hawaii law" banning two specific UV filters --oxybenzone and octinoxate. He knew Hawaii banned these filters because they may damage coral reefs, and thus he looked for sunscreen with a "Reef Friendly" label. The Gaskin Conjoint Survey's failure to account for the variation in consumers' interpretations of the "Reef Friendly" term thus renders the survey unable to yield the willingness-to-pay attributable to the misrepresentation alleged by Plaintiff. Edgewell manufactures Banana Boat (TM) sunscreen products. A copy of the Defendant's motion dated Dec. 12, 2023 is available from PacerMonitor.com at https://bit.ly/4770YQv at no extra charge.[CC] The Defendant is represented by: Thomas H. Davis, Esq. Megan McCurdy, Esq. J. Emmett Logan, Esq. Courtney J. Harrison, Esq. Logan T. Fancher, Esq. STINSON LLP 1201 Walnut, Suite 2900 Kansas City, MO 64106 Telephone: (816) 691-2692 Facsimile: (816) 412-1132 E-mail: thomas.davis@stinson.com megan.mccurdy@stinson.com emmett.logan@stinson.com courtney.harrison@stinson.com logan.fancher@stinson.com - and - Danielle K. Lewis, Esq. HAWKINS PARNELL & YOUNG, LLP Telephone: (415) 766-3200 Facsimile: (415) 766-3250 33 New Montgomery, Suite 800 San Francisco, CA 94105 E-mail: dlewis@hpylaw.com EDGEWELL PERSONAL: Seeks to Strike Testimony of Expert ------------------------------------------------------- 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 Defendant will move the Court to enter an order on March 28, 2024, excluding the survey, expert declaration, and any testimony by J. Michael Dennis, Ph.D. "Dr. Dennis' survey design is uninformative at best, and misleading at worst." The Dennis consumer perception survey, by design, does not isolate the challenged representation from other attributes of the Product label. Dr. Dennis admits that, because he failed to isolate the challenged representation, the consumer perception portion of his survey provides no data on how many respondents perceived the label to communicate the meaning he proposed based on the challenged representation or based on some other package attribute. The Plaintiff has propounded the Dennis survey to show that Plaintiff can prove, on a class-wide basis, that reasonable consumers uniformly understood the words "Reef Friendly" on sunscreen products to mean that the Products do not contain ingredients that can harm or kill reefs. Edgewell is an American multinational consumer products company. A copy of the Defendant's motion dated Dec. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3TzzWyk at no extra charge.[CC] The Defendant is represented by: Thomas H. Davis, Esq. Megan McCurdy, Esq. J. Emmett Logan, Esq. Courtney J. Harrison, Esq. Logan T. Fancher, Esq. STINSON LLP 1201 Walnut, Suite 2900 Kansas City, MO 64106 Telephone: (816) 691-2692 Facsimile: (816) 412-1132 E-mail: thomas.davis@stinson.com megan.mccurdy@stinson.com emmett.logan@stinson.com courtney.harrison@stinson.com logan.fancher@stinson.com - and - Danielle K. Lewis, Esq. HAWKINS PARNELL & YOUNG, LLP Telephone: (415) 766-3200 Facsimile: (415) 766-3250 33 New Montgomery, Suite 800 San Francisco, CA 94105 E-mail: dlewis@hpylaw.com EMERGENCY COVERAGE: Shelton Sues Over Improperly Collected Funds ---------------------------------------------------------------- Johneisha Shelton, on behalf of herself and all others similarly situated v. EMERGENCY COVERAGE CORPORATION, Case No. 3:23-cv-00844 (E.D. Va., Dec. 13, 2023), is brought to recover funds for excessive emergency provider charges unlawfully collected by Defendants from Medicaid recipients and to recover these improperly collected funds, she asserts claims for breach of contract, breach of implied contract, unjust enrichment, and violations of the Virginia Consumer Protection Act ("VCPA") and the Fair Debt Collection Practices Act ("FDCPA"). Ms. Shelton, like many Virginians of modest means, receives Medicaid benefits administered by a managed care organization (MCO). After she was in a car accident and sought emergency treatment, Defendants endeavored to use her Medicaid status against her so Defendant ECC could collect an exorbitant charge from a settlement she recovered in a personal injury action against the at-fault driver. The Defendants falsely insisted that Plaintiff's Medicaid MCO plan afforded her no coverage for her emergency care provided through Defendant ECC and she must pay multiples of the reasonable rate for that care because she receives Medicaid benefits. The amount Defendants demanded from Plaintiff for the services provided dwarfs the amount Defendant ECC routinely accepts from Medicaid for the same services. It is multiples of the amount received by Defendant ECC for the same services from Medicare and private insurers. Defendants have weaponized Medicaid's third-party liability requirements to extract excessive charges from Medicaid beneficiaries who seek emergency treatment after car accidents. The "charges" assessed to Plaintiff for her treatment by Dr. Nevan Chang, an emergency physician employed by Defendant ECC, bear no relation to the reasonable charges for the services provided. These "charges" are multiples of Defendant ECC's "actual costs of paying for clinicians and support services." Federal and state law and Defendant ECC's contractual obligations with Medicaid MCOs prohibit the scheme employed by Defendants to collect outsized service charges from Medicaid recipients, says the complaint. The Plaintiff is an adult individual and a resident and domiciliary of the Commonwealth of Virginia. Plaintiff is a "consumer." ECC, through Dr. Chang or on its own, entered into a provider agreement with Virginia Premier.[BN] The Plaintiff is represented by: Drew D. Sarrett, Esq. CONSUMER LITIGATION ASSOCIATES, P.C. 620 East Broad Street, Suite 300 Richmond, VA 23219 Phone: (804) 905-9900 Fax: (757) 930-3662 Email: drew@clalegal.com - and – Gianni A. Puglielli, Esq. Joshua Voelkel, Esq. GEOFF MCDONALD & ASSOCIATES, P.C. 8720 Stony Point Parkway, Suite 250 Richmond, VA 23235 Phone: (804) 888-8888 Fax: (804) 359-5426 Email: gpuglielli@mcdonaldinjurylaw.com jvoelkel@mcdonaldinjurylaw.com EMS MANAGEMENT: O'Neal Suit Transferred to D. Massachusetts ----------------------------------------------------------- The case styled as Samantha O'Neal, individually and on behalf of all others similarly situated v. EMS Management & Consultants, Inc., Case No. 1:23-cv-00738 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 Dec. 13, 2023. The District Court Clerk assigned Case No. 1:23-cv-13062-ADB to the proceeding. The nature of suit is stated as Other P.I. EMS|MC -- https://emsmc.com/ -- is a third-party billing agency for EMS Services.[BN] The Plaintiff is represented by: William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma, OK 73120 Phone: (405) 235-1560 Fax: (405) 239-2112 Email: wbf@federmanlaw.com - and - John R. Taylor, Esq. JOHN TAYLOR LAW FIRM, PLLC 4509 Creedmoor Rd, Suite 201 Raleigh, NC 27612 Phone: (919) 867-4528 Email: jtaylor@taylorfirmnc.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 EXP WORLD HOLDINGS: Faces Grace Antitrust Suit Over Brokerage Fees ------------------------------------------------------------------ EXP World Holdings, Inc. disclosed in its Form 8-K for the period ended December 11, 2023, filed with the Securities and Exchange Commission on December 15, 2023, that on December 8, 2023, a putative class action complaint under the caption "Grace v. The National Association of Realtors, et al." (Case No. 3:23-cv-06352) was filed in the United States District Court for the Northern District of California, San Francisco Division, naming The National Association of Realtors, the Bay Area Real Estate Information Service, certain northern California Realtor associations and certain real estate brokerages as defendants, including the company. Said action complaint alleges that defendants conspired to restrain trade by causing certain home sellers to pay buyer broker fees and inflated commissions on the sale of homes in violation of federal and California antitrust laws and in violation of California unfair competition laws. The putative class representative seeks to represent a class of sellers of certain residential property that was listed for sale on the Bay Area Real Estate Information Service. Plaintiff, on behalf of herself and the putative class, seeks a permanent injunction enjoining the defendants from requiring home sellers to pay buyer broker fees or otherwise restricting competition among buyer brokers and seller brokers and an award of declaratory relief, actual damages trebled in an amount to be determined at trial, restitutionary disgorgement, pre-and post-judgment interest and attorneys’ fees, expenses and costs of suit. eXp World Holdings, Inc. is the holding company for eXp Realty, a global, cloud-based real estate brokerage. EXPRESS INC: Settlement in Chacon Suit Gets Initial Nod ------------------------------------------------------- Express, Inc. disclosed in its Form 10-Q report for the quarterly period ended October 28, 2023, filed with the Securities and Exchange Commission on December 20, 2023, that on August 18, 2023, the Court granted preliminary approval of the settlement in a class action. A final approval hearing is scheduled in January 2024. On January 29, 2019, Mr. Jorge Chacon filed a representative action in the Superior Court for the State of California for the County of Orange alleging violations of California state wage and hour statutes and other labor standard violations, which was removed to federal court by the Company. The lawsuit sought unspecified monetary damages and attorneys' fees. In June 2021, a portion of Mr. Chacon's claims in this action were certified as a class action. The plaintiff and the Company both filed Motions for Summary Judgment on February 28, 2022. In June 2022, as a result of a mediation process overseen by an independent mediator, the parties agreed, subject to approval by the District Court, to settle these matters for an amount not material to the Company. The proposed settlement will resolve Chacon's matters in its entirety and also provide for a broad release of claims asserted therein on behalf of the company's current and former employees in California for wage and hour violations. Express, Inc., together with its subsidiaries is a multi-brand fashion retailer. The company operates an omnichannel platform, including both physical and online stores. Its two brand-based operating segments are "Express," which includes "UpWest" and Bonobos. EXXON MOBIL: Class Cert. Scheduling Order Entered in Yoshikawa -------------------------------------------------------------- In the class action lawsuit captioned as MENDI YOSHIKAWA, et al., v. EXXON MOBIL CORPORATION, et al., Case No. 3:21-cv-00194-N (N.D. Tex.), the Hon. Judge David C. Godbey entered class certification scheduling order as follows: 1. The Plaintiffs must serve on defendants (but NOT file with the Court) their motion for class certification by January 4, 2024. 2. Any motions for leave to join additional parties must be filed within 30 days of the date of this Order. 3. All discovery except regarding class certification is stayed. ExxonMobil is one of the world's largest publicly traded international oil and gas companies. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/3Nqeac8 at no extra charge.[CC] GOOGLE LLC: Class Cert Bid Partly Granted in Kumandan Suit ---------------------------------------------------------- In the class action lawsuit captioned as ASIF KUMANDAN, et al., v. GOOGLE LLC, et al. (re Google Assistant Privacy Litigation), Case No. 5:19-cv-04286-BLF (N.D. Cal.), the Hon. Judge Beth Labson Freeman entered an order filing redacted order granting in part and denying in part plaintiffs' motion for class certification. On December 16, 2022, the Court filed its order granting in part and denying in part Plaintiffs' motion for class certification under seal and directed the parties to submit a joint request for any proposed redactions. The parties submitted joint redactions, which the Court approved on February 22, 2023. Google is an American multinational technology company focusing on artificial intelligence, online advertising, search engine technology, cloud computing, computer software, quantum computing, e-commerce, and consumer electronics. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/48ghpuJ at no extra charge.[CC] GSF PROPERTIES: Droubi Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against GSF Properties, Inc. The case is styled as Sitara Laila Droubi, Individually, and on behalf of others similarly situated v. GSF Properties, Inc., Case No. STK-CV-UOE-2023-0013484 (Cal. Super. Ct., San Joaquin Cty., Dec. 13, 2023). The case type is stated "Unlimited Civil Other Employment." GSF Properties Inc. -- https://www.gsfpi.com/ -- provides asset management services. The Company offers services such as, renting, buying, selling, and appraising real estate.[BN] The Plaintiff is represented by: Jonathan M. Genish, Esq. BLACKSTONE LAW 8383 Wilshire Blvd., Ste. 745 Beverly Hills, CA 90211-2442 Phone: 855-786-6355 Fax: 855-786-6356 Email: jgenish@blackstonepc.com HEIGHTS FINANCE: Scheduling Order Entered in Alexander Class Suit ----------------------------------------------------------------- In the class action lawsuit captioned as AUSTIN ALEXANDER, v. HEIGHTS FINANCE CORPORATION, Case No. 3:23-cv-00449-DJH-CHL (W.D. Ky.), the Hon. Judge Colin H. Lindsay entered a scheduling order as follows: (1) Initial disclosures pursuant to FRCP Dec. 15, 2023. 26(a)(1) shall be completed no later than: (2) Any motion to amend pleadings or Feb. 15, 2024. motion to join additional Parties shall be filed no later than: (3) (a) Identification of experts in accordance with FRCP 26(a)(2) shall be due: Plaintiffs: no later than: July 30, 2024 Defendant: no later than: Aug. 30, 2024 Heights Finance offers credit services. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/4ap9oWf at no extra charge.[CC] HERITAGE MANOR WEST: Bowie Files Suit in W.D. Louisiana ------------------------------------------------------- A class action lawsuit has been filed against Heritage Manor West LLC. The case is styled as La Tisha Bowie, as survivor of Juanita Bowie, individually & on behalf of all others similarly situated v. Heritage Manor West, LLC, Pathway Management of Louisiana, LLC, Case No. 5:23-cv-01750-SMH-MLH (W.D. La., Dec. 12, 2023). The nature of suit is stated as Other Fraud for Forcible Detainer. Heritage Manor West -- https://www.heritagemanorwest.com/ -- is a health care community.[BN] The Plaintiff is represented by: Matthew McKay Coman, Esq. Jordan Michael Jeansonne, Esq. GARCIA & ARTIGLIERE 400 Poydras St Ste 2045 New Orleans, LA 70130 Phone: (504) 354-9750 Fax: (504) 354-9751 Email: mcoman@lawgarcia.com jjeansonne@lawgarcia.com HOST INTERNATIONAL: Johnson Suit Removed to E.D. California ----------------------------------------------------------- The case captioned as Natalie Katie Bernice Johnson, individually and on behalf of all others similarly situated v. HOST INTERNATIONAL, INC., a Delaware corporation; HMSHOST CORPORATION, a Delaware corporation; DAYANA SHREEVES, an individual; and DOES 1 through 100, inclusive, Case No. 23CV008655 was removed from the Superior Court of the State of California in and for the County of Sacramento, to the U.S. District Court for the Eastern District of California on Dec. 13, 2023, and assigned Case No. 2:23-at-01272. This action involves Plaintiff's alleged claims against Host for purported failure to: pay overtime and minimum wages, provide meal periods, provide rest periods, pay all wages due at the time of termination of employment, provide accurate itemized wage statements, pay all wages due during employment, provide indemnification for necessary business expenses, pay interest on deposits, pay vacation pay, as well as unfair competition. Plaintiff's prayer for relief seeks, among other things, an award of compensatory damages, liquidated damages, penalties, restitution to the class, prejudgment and post-judgment interest at the maximum rate allowed by law, attorneys' fees and costs, and such other and further relief as the Court deems just and proper.[BN] The Defendants are represented by: Sabrina L. Shadi, Esq. Matthew J. Goodman, Esq. BAKER & HOSTETLER LLP 11601 Wilshire Boulevard, Suite 1400 Los Angeles, CA 90025-0509 Phone: 310.820.8800 Facsimile: 310.820.8859 Emails: sshadi@bakerlaw.com mgoodman@bakerlaw.com HP INC: Faces Securities Suit Over SEC Disclosures --------------------------------------------------- HP Inc. disclosed in its Form 10-K for the fiscal year ended October 31, 2023, filed with the Securities and Exchange Commission on December 18, 2023, that it is facing a putative class action complaint against HP, CEO Dion Weisler and former CFO Catherine Lesjak in federal court in the Northern District of California. On November 5, 2020, York County, on behalf of the County of York Retirement Fund, filed said case. The court appointed Maryland Electrical Industry Pension Fund as Lead Plaintiff. Lead Plaintiff filed a consolidated complaint, which additionally names as defendants Enrique Lores and Richard Bailey. The complaint alleges, among other things, that from November 5, 2015 to June 21, 2016, HP and the named current and former officers violated Sections 10(b) and 20(a) of the Exchange Act by concealing material information and making false statements about HP's printing supplies business. Plaintiffs seek compensatory damages and other relief. HP and the named officers filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. On March 3, 2022, the court granted the motion to dismiss with prejudice. Plaintiffs appealed the decision. On April 11, 2023, the appellate court reversed the district court's decision and remanded the case to the district court for further proceedings consistent with the appellate opinion, including consideration of HP's other arguments for dismissal. On June 27, 2023, the district court issued an order setting the briefing schedule for a renewed motion to dismiss. HP is a global provider of personal computing and other digital access devices, imaging and printing products, and related technologies, solutions and services. HUNTER WARFIELD: Blizzard Sues Over Unlicensed Rental Properties ---------------------------------------------------------------- Andrew Blizzard and Nora Rowland, on their own behalf and on behalf of all others similarly situated v. HUNTER WARFIELD, INC., THORNHILL PROPERTIES, INC., MT. VERNON MILL LLC, Case No. 1:23-cv-03374-ADC (D. Md., Dec. 12, 2023), is brought against the Defendant for unlawful practices of seeking unpaid rent for unlicensed rental properties, Under Maryland law, the rental of a residential dwelling without a license in a jurisdiction where a license is required to rent is a violation of the Maryland Consumer Protection Act (the "MCPA"), and a landlord and its agents may not seek to collect rent for any period in which the property was unlicensed, even if the landlord subsequently obtains a license. This case involves a landlord who chose to disregard Maryland law by seeking to collect unpaid rent for unlicensed rental properties, and its debt collector and management company that aggressively pursued payments for rent that Defendants were prohibited from seeking to collect. As a result, tenants were illegally coerced into paying rent that Defendants were prohibited from collecting. As set forth in this Complaint, the Defendant Hunter Warfield's actions violated the Fair Debt Collection Practices Act ("FDCPA"), and Defendants Mt. Vernon Mill and Thornhill are liable to the classes under Maryland's Consumer Debt Collection Act ("MCDCA"), and the MCPA, says the complaint. The Plaintiffs are residents of Maryland, residing in the Property, and are "consumers." Hunter Warfield is engaged in the daily business of providing debt collection services for Maryland landlords, filing hundreds of landlord/tenant collection actions each year.[BN] The Plaintiff is represented by: Joseph Mack, Esq. THE LAW OFFICES OF JOSEPH S. MACK PO Box 65066 Baltimore, MD 21209 Phone: (443) 423-0464 Email: joseph@macklawonline.com - and - Ingmar Goldson, Esq. THE GOLDSON LAW OFFICE One Research Court, Suite 450 Rockville, MD 20850 Phone: (240) 780-8829 Email: igoldson@goldsonlawoffice.com INTERNATIONAL PAPER: Maldonado Suit Removed to E.D. California -------------------------------------------------------------- The case captioned as Amber Maldonado, on behalf of herself and others similarly situated v. INTERNATIONAL PAPER COMPANY; and DOES 1 to 100, inclusive, Case No. STK-CV-VOE-2023-11781 was removed from the Superior Court of the State of California, County of San Joaquin, to the U.S. District Court for the Eastern District of California on Dec. 12, 2023, and assigned Case No. 2:23-at-01265. The Complaint purports to assert six class-wide causes of action against Defendants stemming from the employment of Plaintiff and the putative class members. Specifically, the Complaint alleges causes of action under the California Labor Code for: failure to pay all hours worked at minimum wage; failure to authorize or permit meal periods; failure to authorize or permit rest periods; failure to provide complete and accurate wage statements; failure to timely pay all earned wages and final paychecks due at time of separation of employment; and unfair business practices in violation of California Business and Professions Code.[BN] The Defendants are represented by: Danielle Hultenius Moore, Esq. Aaron F. Olsen, Esq. Christopher M. Champine, Esq. FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 San Diego, California 92121 Phone: (858) 597-9600 Facsimile: (858) 597-9601 Email: dmoore@fisherphillips.com aolsen@fisherphillips.com cchampine@fisherphillips.com J & M CORONA DELI: Hernandez Alleges Labor Law Breaches ------------------------------------------------------- NICOLAS ROMERO HERNANDEZ, individually and on behalf of all others similarly situated, Plaintiff v. J & M CORONA DELI CORP. and YANA FOODS INC. d/b/a J & M CORONA DELI, JULIO HERNAN MARCA and JIGNESHKUMAR PATEL, as individuals, Defendants, Case No. 1:23-cv-09120 (E.D.N.Y., December 12, 2023) alleges violations of the Fair Labor Standards Act and the New York Labor Law. Plaintiff Nicolas Romero Hernandez was employed by Defendants at J & M Corona Deli Corp. and Yana Foods Inc. d/b/a J & M Corona Deli from in or around February 2021 until in or around June 2021. Throughout his employment, Plaintiff was regularly required to work approximately 56 hours per week. However, he was only paid by the Defendants a flat weekly rate of approximately $800 per week for all hours worked. Thus, the Defendants failed to pay Plaintiff time and a half for hours worked over 40, a blatant violation of the overtime provisions contained in the FLSA and NYLL. Among other things, the Defendants also willfully 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 the FLSA and NYLL, says the Plaintiff. J & M CORONA DELI CORP. is a domestic business corporation organized under the laws of New York with a principal executive office at 91-14 Corona Ave., Elmhurst, NY. [BN] The Plaintiff is represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, PC 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Telephone: (718) 263-9591 Facsimile: (718) 263-9598 JAMES RIVER GROUP: To Settle Employee Fund Shareholder Suit ----------------------------------------------------------- James River Group Holdings, Ltd. disclosed in its Form 10-K filed with the Securities and Exchange Commission on December 8, 2023, that on December 7, 2023 the company reached an agreement in principle to settle the securities class action lawsuit, "Employees' Retirement Fund of the City of Fort Worth v. James River Group Holdings, Ltd.," and certain of its present and former officers, Case No. 3:21-cv-00444-DJN, pending in the United States District Court for the Eastern District of Virginia. The agreement in principle provides for a single cash payment in exchange for the release of all of the defendants from all alleged claims therein and remains subject to final documentation, court approval and other conditions. The purported class action lawsuit was filed in the U.S. District Court, Eastern District of Virginia on July 9, 2021 against James River Group Holdings, Ltd. and certain of its present and former officers. On September 22, 2021, the court entered an order appointing Employees' Retirement Fund of the City of Fort Worth and the City of Miami General Employees' and Sanitation Employees' Retirement Trust as co-lead plaintiffs. Plaintiffs' consolidated amended complaint was filed on November 19, 2021. The defendants filed a motion to dismiss the First Amended Complaint on January 18, 2022, plaintiffs' opposition thereto was filed on March 4, 2022, and the defendants' reply to the plaintiffs' opposition was filed on April 4, 2022. On August 25, 2022, plaintiffs filed a motion for leave to file a second amended class action complaint. On September 8, 2022, the defendants consented to the plaintiffs' motion to file the Second Amended Complaint, and filed a motion to dismiss the Second Amended Complaint on October 24, 2022. The plaintiffs' opposition to it was filed on November 7, 2022, and the defendant's reply to the opposition was filed on November 14, 2022. James River Group Holdings, Ltd. is an exempted holding company registered in Bermuda, organized for the purpose of acquiring and managing insurance and reinsurance entities. It owns five insurance companies based in the United States focused on specialty insurance niches and a Bermuda-based reinsurance company. JOHNSON & JOHNSON: Means Suit Transferred to E.D. New York ---------------------------------------------------------- The case captioned as Daryl Means, an individual, on behalf of himself and all others similarly situated v. Johnson & Johnson Consumer Inc., GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, RB Health (US) LLC, Bayer Healthcare L.L.C., The Procter & Gamble Company, Walgreen Co., Target Corporation, CVS Pharmacy Inc., Amazon.com, Inc., Amazon.com Services LLC, Does 1-20, Walmart Inc., Case No. 3:23-cv-03494 was transferred from the U.S. District Court for the Southern District of Illinois, to the U.S. District Court for the Eastern District of New York on Dec. 20, 2023. The District Court Clerk assigned Case No. 1:23-cv-09276-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiff is represented by: Benjamin Stephen McIntosh, Esq. 701 Market Street, Suite 1000 St. Louis, MO 63101 Phone: (314) 480-5180 Fax: (314) 932-1566 Email: ben.mcintosh@swmwlaw.com - and - Eric M. Roberts, Esq. DLA PIPER LLP (US) 444 West Lake Street, Suite 900 Chicago, IL 60606 Phone: (312) 368-2167 Fax: (312) 251-2859 Email: eric.roberts@dlapiper.com JOHNSON & JOHNSON: Reinkraut Suit Transferred to E.D. New York -------------------------------------------------------------- The case captioned as Jacob Reinkraut, on behalf of himself and all others similarly situated v. Johnson & Johnson Consumer Inc., Kenvue Inc., Case No. 2:23-cv-20444 was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Eastern District of New York on Dec. 20, 2023. The District Court Clerk assigned Case No. 1:23-cv-09286-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiff is represented by: Paul V. Sweeny, Esq. Stephen J. Fearon, Jr., Esq. SQUITIERI & FEARON, LLP 305 Broadway, Ste. 7th Floor New York, NY 10007 Phone: (212) 421-6492 Fax: (212) 421-6553 Email: paulvsweeny87@gmail.com cathy@sfclasslaw.com The Defendant is represented by: Joseph R. Santoli, Esq. 340 Devon Court Ridgewood, NJ 07450 Phone: (201) 926-9200 Email: josephsantoli002@gmail.com - and - Jeffrey A.N. Kopczynski, Esq. O'MELVENY & MYERS LLP 7 Times Square New York, NY 10036 Phone: (212) 326-2000 Email: jkopczynski@omm.com JOHNSON & JOHNSON: Thorns Suit Transferred to E.D. New York ----------------------------------------------------------- The case captioned as Amanda Thorns, Scott Collier, a consumer residing in Oregon, individually and on behalf of all others similarly situated v. Johnson & Johnson, Procter & Gamble Company, Walgreen Co., Johnson & Johnson Consumer Inc., Case No. 3:23-cv-01355 was transferred from the U.S. District Court for the District of Oregon, to the U.S. District Court for the Eastern District of New York on Dec. 19, 2023. The District Court Clerk assigned Case No. 1:23-cv-09310-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiff is represented by: M. Ryan Casey, Esq. KANNER & WHITELEY 701 Camp Street New Orleans, LA 70130 Phone: (504) 524-5777 Fax: (504) 524-5763 Email: r.casey@kanner-law.com JOHNSON & JOHNSON: Walker Suit Transferred to E.D. New York ----------------------------------------------------------- The case captioned as Michael Walker, individually and, on behalf of those similarly situated v. Johnson & Johnson Consumer Inc., Kenvue Inc., Reckitt Benckiser LLC, Wal-Mart Stores East 1, LP, Wal-Mart Inc., Case No. 4:23-cv-00663 was transferred from the U.S. District Court for the Western District of Missouri, to the U.S. District Court for the Eastern District of New York on Dec. 19, 2023. The District Court Clerk assigned Case No. 1:23-cv-09284-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiff is represented by: Joseph A. Kronawitter, Esq. HORN, AYLWARD & BANDY, LLC 2600 Grand Boulevard, Suite 1100 Kansas City, MO 64108 Phone: (816) 421-0700 Fax: (816) 421-0899 Email: jkronawitter@hab-law.com - and - Bradley D. Honnold, Esq. GOZA & HONNOLD, LLC 2630 City Center Square 1100 Main Street P. O. Box 482355 Kansas City, MO 64148-2355 Phone: (816) 512-2171 Fax: (816) 512-2172 Email: bhonnold@gohonlaw.com - and - Kirk J. Goza, Esq. GOZA & HONNOLD, LLC 11150 Overbrook Rd., Suite 250 Leawood, KS 66211 Phone: (816) 512-2171 Fax: (816) 512-2172 Email: kgoza@gohonlaw.com - and - Robert A. Horn, Esq. ROBERT A. HORN 345 East 73rd Street New York, NY 10001 - and - Taylor Foye, Esq. HORN AYLWARD & BANDY, LLC 2600 Grand Blvd., Suite 1100 Kansas City, MO 64108 Phone: (816) 421-0700 Fax: (816) 421-0899 Email: tfoye@hab-law.com - and - Thomas P. Cartmell, Esq. Tyler Hudson, Esq. WAGSTAFF & CARTMELL, LLP 4740 Grand Ave., Ste. 300 Kansas City, MO 64112 Phone: (816) 701-1100 Fax: (816) 531-2372 Email: tcartmell@wcllp.com thudson@wcllp.com The Defendants are represented by: Christopher J. Schmidt, Esq. BRYAN CAVE LEIGHTON PAISNER, LLP - STL 211 North Broadway, Suite 3600 St. Louis, MO 63102-2750 Phone: (314) 259-2616 Fax: (314) 552-8616 Email: cjschmidt@bclplaw.com - and - Kristen A. Cooke, Esq. SWANSON MARTIN & BELL LLP 330 N. Wabash, Suite 3300 Chicago, IL 60611 Phone: (312) 321-3513 Fax: (312) 321-0990 Email: kcooke@smbtrials.com - and - Beth C. Boggs, Esq. BOGGS, AVELLINO, LACH & BOGGS, LLC 9326 Olive Boulevard, Suite 200 St. Louis, MO 63132 Phone: (314) 726-2310 Fax: (314) 726-2360 Email: bboggs@balblawyers.com JOHNSON & JOHNSON: Wilson Suit Transferred to E.D. New York ----------------------------------------------------------- The case captioned as Andrea Wilson, on behalf of herself and all others similarly situated v. Johnson & Johnson Consumer Inc., Glaxosmithkline Consumer Healthcare Holdings (Us) doing business as: Haleon, Procter & Gamble Company, RB Health (US) LLC, Case No. 2:23-cv-21276 was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Eastern District of New York on Dec. 20, 2023. The District Court Clerk assigned Case No. 1:23-cv-09226 to the proceeding. The nature of suit is stated as Other Contract for Contract Default. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiff is represented by: Stephen J. Fearon, Jr., Esq. SQUITIERI & FEARON, LLP 305 Broadway, Ste. 7th Floor New York, NY 10007 Phone: (212) 421-6492 Email: cathy@sfclasslaw.com KAISER FOUNDATION: Settlement Class Gets Certification in Schmitt ----------------------------------------------------------------- In the class action lawsuit captioned as ANDREA SCHMITT; ELIZABETH MOHUNDRO; and O.L. by and through her parents, J.L. and K.L., each on their own behalf, and on behalf of all similarly situated individuals, v. KAISER FOUNDATION HEALTH PLAN OF WASHINGTON; KAISER FOUNDATION HEALTH PLAN OF WASHINGTON OPTIONS, INC.; KAISER FOUNDATION HEALTH PLAN OF THE NORTHWEST; and KAISER FOUNDATION HEALTH PLAN, INC., Case No. 2:17-cv-01611-RSL (W.D. Wash.), the Hon. Judge Robert S. Lasnik entered an order granting the plaintiffs' motion for settlement class Certification. The Class is certified for all claims brought in this case: All individuals who: (1) were insured at any time during the Settlement Class Period under a Washington health insurance plan that has been, is or will be delivered, issued for delivery, or renewed by Kaiser Foundation Health Plan of Washington and Kaiser Foundation Health Plan of Washington Options, excluding Medicare Advantage plans and plans governed by Federal Employee Health Benefits Act that did not cover Hearing Aids and Associated Services and (2) have required, require or will require treatment for hearing loss other than treatment associated with cochlear implants, or with Bone Anchored Hearing Aids (BAHAs). The Settlement Class Period is defined as October 30, 2014 through December 31, 2023, inclusive. The Settlement Class will be dissolved in the event the Settlement Agreement between the parties is not finally approved by this Court. The Court appoints the Plaintiffs Andrea Schmitt, Elizabeth Mohundro, O.L. by and through her parents J.L. and K.L., as the class representatives, and Ms. Hamburger, Mr. Spoonemore and Mr. Gross of Sirianni Youtz Spoonemore Hamburger are appointed as class counsel. Kaiser operates as a non-profit health care organization. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/3Tq7AGn at no extra charge.[CC] The Plaintiffs are represented by: Eleanor Hamburger, Esq. Richard E. Spoonemore, Esq. Daniel S. Gross, Esq. SIRIANNI YOUTZ SPOONEMORE HAMBURGER PLLC 3101 Western Avenue, Suite 350 Seattle, WA 98121 Telephone: (206) 223-0303 Facsimile (206) 223-0246 E-mail: ehamburger@sylaw.com rspoonemore@sylaw.com dgross@sylaw.com KAY IVEY: Council Sues Over Discriminatory Parole Decision-Making ----------------------------------------------------------------- Robert Earl Council AKA Kinetik Justice, Lee Edward Moore Jr., Lakiera Walker, Jerame Aprentice Cole, Frederick Denard Mcdole, Michael Campbell, Arthur Charles Ptomey Jr., Lanair Pritchett, Alimireo English, and Toni Cartwright, on their own behalf and on behalf of those similarly situated; UNION OF SOUTHERN SERVICE WORKERS, SERVICE EMPLOYEES INTERNATIONAL UNION; RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, MID-SOUTH COUNCIL; and THE WOODS FOUNDATION v. KAY IVEY, Governor of the State of Alabama, in her individual and official capacities; STEVE MARSHALL, Alabama Attorney General, in his individual and official capacities; LEIGH GWATHNEY, Chair of the Alabama Board of Pardons and Paroles, in her individual and official capacities; DARRYL LITTLETON, Associate Member of the Alabama Board of Pardons and Paroles, in his official capacity; GABRELLE SIMMONS, Associate Member of the Alabama Board of Pardons and Paroles, in her official capacity; JOHN HAMM, Commissioner of the Alabama Department of Corrections, in his individual and official capacities; JOHN COOPER, Transportation Director of the Alabama Department of Transportation, in his individual and official capacities; CITY OF MONTGOMERY; CITY OF TROY; JEFFERSON COUNTY; RCF, LLC d/b/a GEMSTONE FOODS, LLC; KOCH FOODS, LLC; JU-YOUNG MANUFACTURING AMERICA, INC.; SL ALABAMA, LLC; HWASEUNG AUTOMOTIVE USA LLC; PROGRESSIVE FINISHES, INC.; C.B.A.K., INC. d/b/a MCDONALD'S; PREMIER KINGS INC. d/b/a BURGER KING; SOUTHEAST RESTAURANT GROUP-WEN LLC d/b/a WENDY'S; PELL CITY KENTUCKY FRIED CHICKEN, INC. d/b/a KENTUCKY FRIED CHICKEN d/b/a KFC; MASONITE CORPORATION; CAST PRODUCTS, INC.; SOUTHEASTERN MEATS, INC.; PARAMOUNT SERVICES, INC.; and BAMA BUDWEISER OF MONTGOMERY, INC., Case No. 2:23-cv-00712 (M.D. Ala., Dec. 12, 2023), is brought seeking injunctive relief requiring Defendants Ivey, Marshall, and Parole Board members to immediately correct their unlawful and discriminatory parole decision-making practices, which are trapping thousands of people in Defendants' labor trafficking scheme; the rescission of ADOC regulations and practices coercing incarcerated people to labor; and all Defendants to cease their forced-labor practices that are harming and continuing to harm all Plaintiffs and class members; monetary damages and disgorgement of profits; and all other appropriate relief. The Plaintiffs Council, Moore, Walker, Cole, McDole, Campbell, Ptomey, Pritchett, English, and Cartwright are or have recently been incarcerated in Alabama's prison system. They have been entrapped in a system of "convict leasing" in which incarcerated people are forced to work, often for little or no money, for the benefit of the numerous government entities and private businesses that "employ" them. They live in a constant danger of being murdered, stabbed, or raped that is so profound that the federal government has sued Alabama for inflicting cruel and unusual punishment, and if they refuse to work, the State punishes them even more. They are trapped in this labor trafficking scheme. Although they are trusted to perform work for the State, local governments, and a vast array of private employers, some of the same people who profit from their coerced labor have systematically shut down grants of parole. It is no accident that Plaintiffs Council, Moore, Walker, Cole, McDole, Campbell, Ptomey, Pritchett, English, and Cartwright--like individuals who were enslaved and forced to work Alabama's cotton fields, and those forced to participate in the sharecropping and convict leasing schemes that followed the end of the Civil War--are Black. Alabama incarcerates a grossly disproportionate number of Black men and women in its prisons. And the State has long used its prisons to perpetuate the racial subjugation that existed before the Civil War. The Defendants Governor Kay Ivey, Attorney General Steve Marshall, the Alabama Department of Corrections ("ADOC") through Commissioner John Hamm, Leigh Gwathney, the Chair of the Alabama Board of Pardons and Paroles ("Parole Board"), and the two other Parole Board members, together with the many state and local agencies and private employers participating in this resurrected "leasing" practice, knowingly benefit from the human suffering they support. The Defendants Ivey, Marshall, Hamm, and Parole Board members are perpetuating the lucrative and abusive practices that Plaintiffs challenge here by shutting down the possibility of parole--even as the State profits from individual plaintiffs' labor for businesses and government agencies in the community, without supervision. In an effort to reduce the burdens that unnecessary imprisonment places on taxpayers and to reduce bias and subjectivity in parole decision-making, the Alabama Legislature has required an objective, evidence based assessment of parole eligibility. Governor Ivey and the other state official defendants refuse to follow this law, and have substituted their own subjective standards instead. This has predictably diminished the possibility of parole and resulted in extreme racial disparities, denying Black candidates for parole twice as often as similarly-situated white counterparts between FY 2020 and 2022--keeping Black men and women in the Alabama prison systems so they can be "leased" out to produce hundreds of millions of dollars in economic benefits for Defendants every year. The Plaintiffs Moore, Walker, Cole, McDole, Campbell, Ptomey, Pritchett, English, and Cartwright, as currently and formerly incarcerated individuals, bring this suit on their own behalf and on behalf of classes of all incarcerated persons subject to the State's forced-labor scheme. Plaintiffs Moore, Cole, McDole, Campbell, Ptomey, Pritchett, English, and Cartwright also bring claims on behalf of all incarcerated persons denied parole after Defendants Ivey, Marshall, and the Parole Board conspired to subvert the parole system. Plaintiff Council and other individual plaintiffs also bring a claim on their own behalf and on behalf of those subjected to unlawful retaliation for their protected advocacy. The individual plaintiffs are joined by Plaintiffs USSW and RWDSU, labor organizations that are harmed by the Defendants' exploitation of prison labor and abuse of the parole system; and Woods Foundation, a non-profit organization dedicated to aiding persons with wrongful convictions and excessive sentences that has committed resources to addressing the Defendants' racially discriminatory abuse of the parole system and refusal to apply the statutory, evidence-based standards, says the complaint. The Plaintiffs are ten individuals currently and formerly incarcerated at facilities operated by ADOC. The Defendant KAY IVEY is the Governor of the State of Alabama and the head of the State's executive branch.[BN] The Plaintiff is represented by: Michael Rubin, Esq. Barbara J. Chisholm, Esq. Connie K. Chan, Esq. Amanda C. Lynch, Esq. ALTSHULER BERZON LLP 177 Post St., Suite 300 San Francisco, CA 94108 Phone: (415) 421-7151 Email: mrubin@altber.com bchisholm@altber.com cchan@altber.com alynch@altber.com - and - Janet Herold, Esq. JUSTICE CATALYST LAW 40 Rector Street, 9th Floor New York, NY 10008 Phone: (518) 732-6703 Email: jherold@justicecatalyst.org - and - George N. Davies, Esq. Richard P. Rouco, Esq. QUINN, CONNOR, WEAVER, DAVIES & ROUCO LLP 2–20th Street North, Suite 930 Birmingham, AL 35203 Phone: (205) 870-9989 Email: gdavies@qcwdr.com rrouco@qcwdr.com - and - Lauren Faraino, Esq. FARAINO, LLC 2647 Rocky Ridge Ln. Vestavia Hills, AL 35216 Phone: (205) 737-3171 Email: lauren@farainollc.com LEGACY INSURANCE: Hinesley Files TCPA Suit in N.D. Florida ---------------------------------------------------------- A class action lawsuit has been filed against Legacy Insurance Solutions LLC. The case is styled as Jack Hinesley, individually and on behalf of others similarly situated v. Legacy Insurance Solutions LLC, Case No. 4:23-cv-00525-MW-MAF (N.D. Fla., Dec. 12, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Legacy Insurance Solutions -- https://legacyinsllc.com/ -- is a full service insurance agency serving Florida.[BN] The Plaintiff is represented by: Mohammad Reza Kazerouni, Esq. KAZEROUNI LAW GROUP APC - COSTA MESA CA 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Fax: (800) 520-5523 Email: mike@kazlg.com - and - Ryan L. Mcbride, Esq. KAZEROUNI LAW GROUP APC - PHOENIZ AZ 301 E Bethany Home Road, Suite C-195 Phoenix, AZ 85012 Phone: (800) 400-6808 Email: ryan@kazlg.com LEVEL 3: Bid for Conditional Status Referred to Magistrate Judge ---------------------------------------------------------------- In the class action lawsuit captioned as Johnson v. Level 3 Communications, LLC, Case No. 9:22-cv-81066 (S.D. Fla., Filed July 21, 2022), the Hon. Judge Aileen M. Cannon entered an order referring the Defendant's Motion for Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. section 216(b) and Class Certification Pursuant to Rule 2339 to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation. The suit alleges violation of the Fair Labor Standards Act. Level 3 Communications was an American multinational telecommunications and Internet service provider company.[CC] LONGVIEW INVESTORS: Sezonov Files Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against LONGVIEW INVESTORS LLC. The case is styled as Emily Sezonov, individually and on behalf of all others similarly situated v. LONGVIEW INVESTORS LLC, LARRY ROBBINS, JOHN RODIN, DEREK CRIBBS, RANDY SIMPSON, MARK HOROWITZ, and GLENVIEW CAPITAL MANAGEMENT, LLC, Case No. 2023-1238-NAC (Del. Chancery Ct., Dec. 12, 2023). The case type is stated as "Breach of Fiduciary Duties." Longview Partners -- https://longview-partners.com/ -- is a specialist asset management firm, focused entirely on the management of global portfolios.[BN] The Plaintiff is represented by: Brian J. Robbins, Esq. Kevin A. Seely, Esq. Gregory E. Del Gaizo, Esq. Mario D. Valdovinos, Esq. ROBBINS LLP 5060 Shoreham Place, Suite 300 San Diego, CA 92122 Phone: (619) 525-3990 - and - Leonid Kandinov, Esq. Aaron Morris, Esq. MORRIS & KANDINOV LLP 550 West B Street, 4th Floor San Diego, CA 92101 Phone: (619) 780-3993 - and - Samuel L. Closic, Esq. David C. Skoranski, Esq. Christine N. Chappelear, Esq. PRICKETT, JONES & ELLIOTT, P.A. 1310 N. King Street Wilmington, DE 19801 Phone: (302) 888-6500 LOS ANGELES COUNTY, CA: Class Cert Bid Opposition Due Jan. 26 ------------------------------------------------------------- In the class action lawsuit captioned as KRIZIA BERG, et al., v. COUNTY OF LOS ANGELES, etc., et al., Case No. 2:20-cv-07870-DMG-PD (C.D. Cal.), the Hon. Judge Dolly M. Gee entered an order re joint stipulation to modify scheduling order to allow for completion of the Plaintiffs' depositions. Matter Current Date New Date Opposition deadline (Motion Dec. 22, 2023 Jan. 26, 2024 for Class Certification) Reply deadline (Motion for Jan. 19, 2024 Feb. 23, 2024 Class Certification) Hearing on Class Certification Feb. 2, 2024 Mar. 15, 2024 Motion Non-Expert Discovery Cut-Off Feb. 9, 2024 Mar. 15, 2024 (includes hearing of discovery motions) Motion Cut-Off (filing Feb. 16, 2024 Mar. 22, 2024 deadline)1 Last hearing date for Apr. 12, 2024 May 17, 2024 dispositive motions Initial Expert Disclosure & Apr. 3, 2024 May 8, 2024 Report Deadline Rebuttal Expert Disclosure May 1, 2024 June 5, 2024 & Report Deadline Expert Discovery Cut-Off May 14, 2024 June 18, 2024 (includes hearing of discovery motions) Settlement Conference May 3, 2024 June 7, 2024 Completion Date MANHATTAN COGNITIVE-BEHAVIORAL: Durantas Files ADA Suit in E.D.N.Y. ------------------------------------------------------------------- A class action lawsuit has been filed against Manhattan Cognitive-Behavioral Therapy/Psychology, PLLC. The case is styled as Hakan Durantas, on behalf of himself and all others similarly situated v. Manhattan Cognitive-Behavioral Therapy/Psychology, PLLC, Case No. 1:23-cv-09384 (E.D.N.Y., Dec. 20, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Manhattan Center for Cognitive-Behavioral Therapy -- https://www.manhattancbt.com/ -- provides psychological services for people affected by depression, anxiety, and other conditions.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com MARIANI PACKING: Court OK's Class Certification Briefing Schedule ----------------------------------------------------------------- In the class action lawsuit captioned as KIMBERLEY DIESEL, v. MARIANI PACKING COMPANY, INC., Case No. 4:22-cv-01368-AGF (E.D. Mo.), the Hon. Judge Audrey G. Fleissig entered an order that the parties shall file a joint proposed amended case management order by December 14, 2023, which takes into account the new proposed class expert disclosure deadline of February 1, 2024, and specifically addresses any necessary changes to the class certification briefing schedule and other deadlines. Mariani is a producer and packer of dried fruit. A copy of the Court's order dated Dec. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3GCaBvE at no extra charge.[CC] MATCH GROUP INC: Baker Suit Transferred to N.D. Texas ----------------------------------------------------- The case captioned as Marcus Baker, individually and on behalf of all others similarly situated v. Match Group, Inc., Match Group LLC, Hinge Inc., Humor Rainbow Inc., People Media Inc., Affinity Apps LLC, Case No. 1:22-cv-06924 was transferred from the U.S. District Court for the Northern District of Illinois, to the U.S. District Court for the Northern District of Texas on Dec. 13, 2023. The District Court Clerk assigned Case No. 3:23-cv-02761-N to the proceeding. The nature of suit is stated as Other Statutes: Other Statutory Actions for Tort/Non-Motor Vehicle. Match Group -- http://www.mtch.com/-- is an American internet and technology company headquartered in Dallas, Texas.[BN] The Plaintiff is represented by: Michael Smith, Esq. LAW OFFICE OF MICHAEL D. SMITH, P.C. 231 South LaSalle Street, Suite 2100 Chicago, IL 60604 Phone: (312) 546-6138 Email: msmith@smithlawchicago.com - and – Jonathan Gardner, Esq. Melissa H. Nafash, Esq. Shannon K. Tully, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Phone: (212) 907-0700 Email: jgardner@labaton.com mnafash@labaton.com stully@labaton.com The Defendant is represented by: Daniel Reza Saeedi, Esq. Elizabeth Ann Winkowski, Esq. Rachel L. Schaller, Esq. TAFT STETTINIUS & HOLLISTER LLP 111 E. Wacker Drive, Suite 2800 Chicago, IL 60601 Phone: (312) 840-4316 Email: dsaeedi@taftlaw.com ewinkowski@taftlaw.com rschaller@taftlaw.com - and – Stephen Andrew Broome, Esq. QUINN EMANUEL URQUHART & SULLIVAN 865 S Figueroa Street, 10th Floor Los Angeles, CA 90017 Phone: (646) 431-9439 Email: stephenbroome@quinnemanuel.com MCNEIL CONSUMER: Valdes Suit Transferred to E.D. New York --------------------------------------------------------- The case captioned as Hector Valdes, on behalf of himself and all others similarly situated v. McNeil Consumer Healthcare, Procter & Gamble Company, GlaxoSmithKlein LLC, Kenvue Inc., Case No. 1:23-cv-23939 was transferred from the U.S. District Court for the Southern District of Florida, to the U.S. District Court for the Eastern District of New York on Dec. 20, 2023. The District Court Clerk assigned Case No. 1:23-cv-09267-BMC to the proceeding. The nature of suit is stated as Other P.I. McNeil Consumer Healthcare is an American medicals products company belonging to Kenvue consumer health group.[BN] The Plaintiffs are represented by: Brett Elliott von Borke, Esq. BUCKNER AND MILES, P.A. 2020 Salzedo Street, Suite 302 Coral Gables, FL 33133-33134 Phone: (305) 964-8003 Email: vonborke@bucknermiles.com - and - Kevin Bruce Love, Esq. CRIDEN & LOVE PA 7301 SW 57th Court, Suite 515 South Miami, FL 33143 Phone: (305) 357-9000 Fax: 357-9050 Email: klove@cridenlove.com - and - Seth Eric Miles, Esq. BUCKNER + MILES 3350 Mary Street Miami, FL 33133 Phone: (305) 964-8003 Fax: (786) 523-0485 Email: seth@bucknermiles.com - and - David Buckner, Esq. KOZYAK TROPIN & THROCKMORTON 2525 Ponce De Leon, 9th Floor Miami, FL 33134 Phone: (305) 372-1800 Fax: (305) 372-3508 Email: dmb@kttlaw.com META PLATFORMS: Stark Seeks Compliance to Produce Certain Docs -------------------------------------------------------------- Brayden Stark and Judd Oostyen, on behalf of themselves and all others similarly situated v. META PLATFORMS, INC., Case No. 3:23-mc-80326 (N.D. Cal., Dec. 13, 2023), seek an order compelling nonparty Meta Platforms, Inc. to comply with Plaintiffs' Subpoena to Produce Documents (the "Subpoena"). The Plaintiffs base this motion on the following grounds: (1) the information sought by the Subpoena is relevant and proportional to Plaintiffs' claims and to Defendant Patreon, Inc.'s defenses under the Video Privacy Protection Act ("VPPA"), as a responsive production from Meta will disclose the scope of personal information Patreon transmitted to Meta for purposes of Plaintiffs' VPPA claims; this information is only available from Meta; Plaintiffs require Class member data from Meta to obtain class certification by satisfying elements of Rule; and Plaintiffs' motion is narrowly framed to limit Meta's burden of complying with the Subpoena. The Plaintiffs move to enforce their subpoena of nonparty Meta, which owns and operates Facebook. Plaintiffs allege Patreon programmed a tracking tool called the Meta Pixel ("Pixel") onto its website to send information to Meta about Patreon's subscribers and better target them with digital advertisements. The Pixel is a segment of programming code that tracks "events"--users' activities on a website—and transmits this data to Meta. The Plaintiffs allege that, by operation of the Pixel that it installed on its website, Patreon sends Meta its subscribers' Facebook IDs ("FID") and the titles of the videos they watched on its website, violating the VPPA. Patreon admits it installed the Pixel but denies that it provided Plaintiffs' identifying information and the titles of the videos they watched to Meta.[BN] The Plaintiff is represented by: Adam E. Polk, Esq. Simon Grille, Esq. Reid Gaa, Esq. GIRARD SHARP LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: (415) 981-4800 Facsimile: (415) 981-4846 Email: apolk@girardsharp.com sgrille@girardsharp.com rgaa@girardsharp.com MIDFIRST BANK: De Medicis Sues Over Inadequate Data Security ------------------------------------------------------------ DAVID DE MEDICIS individually and on behalf of all others similarly situated, Plaintiff v. MIDFIRST BANK and PROGRESS SOFTWARE CORPORATION, Defendants, Case No. 1:23-cv-13057-ADB (D. Mass., December 12, 2023) arises out of the recent targeted cyberattack and data breach where unauthorized third-party criminals retrieved and exfiltrated the highly-sensitive consumer data of Plaintiff, and at least 20,000 Class members and asserts claims against the Defendants for negligence, breach of implied contract, unjust enrichment, bailment, and breach of fiduciary duty. According to the notice letter sent to Plaintiff dated September 6, 2034, Defendant MidFirst used software made by Defendant Progress Software Corporation (MOVEit), which was subject to a cybersecurity attack that allowed unauthorized parties to access and compromise Plaintiff's and Class members' private information between May 27 and 31, 2023. However, Defendant MidFirst waited nearly three months from the date of the data breach and the date it learned of the data breach and the highly sensitive nature of the private information impacted, to publicly disclose the data breach and notify affected individuals. Due to Defendants' inadequate security measures and their delayed notice to victims, Plaintiff and Class members now face a present, immediate, and ongoing risk of fraud and identity theft that they will have to deal with for the rest of their lives, says the suit. Headquartered in Oklahoma City, OK, MidFirst Bank is the largest privately owned bank in the United States with $36.5 billion in assets, as of June 30, 2023. [BN] The Plaintiff is represented by: Steven B. Rotman, Esq. HAUSFELD LLP One Marina Park Drive, Suite 1410 Boston, MA 02210 Telephone: (617) 207-0600 Facsimile: (617) 830-8312 E-mail: srotman@hausfeld.com - and- James J. Pizzirusso, Esq. B. Annabelle Emuze, Esq. HAUSFELD LLP 888 16th Street, N.W., Suite 300 Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 E-mail: jpizzirusso@hausfeld.com aemuze@hausfeld.com - and - Steven M. Nathan, Esq. HAUSFELD LLP 33 Whitehall Street, Fourteenth Floor New York, NY 10004 Telephone: (646) 357-1100 Facsimile: (212) 202-4322 E-mail: snathan@hausfeld.com MINACT INC: Stinson Files Suit in Cal. Super. Ct. ------------------------------------------------- A class action lawsuit has been filed against MINACT, INC, et al. The case is styled as Melinda Stinson, an individual, on behalf of himself, and on behalf of all persons similarly situated v. Minact, Inc., Does 1-50, Inclusive, Case No. CGC23611069 (Cal. Super. Ct., San Francisco Cty., Dec. 12, 2023). The case type is stated as "Other Non-Exempt Complaints." MINACT, Inc. -- https://minact.com/ -- provides career training and support services. The Company offers training services in the areas of site management and the operation of residential living and material handling programs, as well as on-site employee training, records management, and pay disbursement services.[BN] The Plaintiff is represented by: Jean-Claude Lapuyade, Esq. JCL LAW FIRM, APC 5440 Morehouse Dr., Ste. 3600 San Diego, CA 92121-6720 Phone: 619-599-8292 Fax: 619-599-8291 Email: jlapuyade@jcl-lawfirm.com MISSISSIPPI BEHAVIORAL: Parties File Joint Bid To Extend Deadlines ------------------------------------------------------------------ In the class action lawsuit captioned as JAQUAY JACKSON AND DANA RICE INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED PERSONS, V. MISSISSIPPI BEHAVIORAL HEALTH SERVICES, LLC, Case No. 3:22-cv-00697-CWR-LGI (S.D. Miss.), the Parties ask the Court to enter an order extending the class certification discovery deadline and the filing deadline for the plaintiffs' motion for class certification for the following reasons: 1. The plaintiffs allege that MBHS violated the Fair Labor Standards Act by not paying them overtime for hours worked over 40 each workweek. In addition to their individual claims, they intend to ask the Court to certify a class of allegedly similarly situated individuals. 2. The case has not been set for trial, and the parties continue to work together to conduct discovery as the Court outlined in its Class Certification Scheduling Order entered on March 30, 2023. 3. Specifically, the parties request that the Court extend the class certification discovery deadline to March 5, 2023, and the deadline for the plaintiffs to file a motion for certification to May 1, 2024. MBHS's response would be due 14 days after the motion is filed, and the plaintiffs' reply in support would be due 7 days after the response is filed. Mississippi Behavioral is a hospital & health care company. A copy of the the Parties' motion dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/482tLaf at no extra charge.[CC] The Defendant is represented by: Adam H. Gates, Esq. Spence J. Flatgard, Esq. Gabrielle Wells, Esq. WATKINS & EAGER PLLC The Emporium Building, 400 East Capitol Street Jackson, MS 39201 Telephone: (601) 965-1900 E-mail: agates@watkinseager.com sflatgard@watkinseager.com gwells@watkinseager.com MIXHERS LLC: Bunting Sues Over Blind-Inaccessible Website --------------------------------------------------------- Rasheta Bunting, individually and as the representative of a class of similarly situated persons v. MIXHERS, LLC, Case No. 536302/2023 (E.D.N.Y., Dec. 12, 2023), is brought against the Defendant for their failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant is denying blind and visually-impaired persons throughout the United States with equal access to the goods and services Mixhers provides to their non-disabled customers through www.mixhers.com (hereinafter "mixhers.com" or "the website"). The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff's rights under the following: the New York State Human Rights Law ("NYSHRL"), the New York State Civil Rights Law ("NYSCRL"), and the New York City Human Rights Law ("NYCHRL"), says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen reading software to read website content using her computer. Mixhers.com provides to the public a wide array of the goods, services, price specials, employment opportunities and other programs.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Phone: (917) 373-9128 Email: ShakedLawGroup@gmail.com MR. COOPER: Crawford Suit Removed to N.D. Texas ----------------------------------------------- The case styled as Mary Crawford, Norman Vincenti, individually and on behalf of all others similarly situated v. Nationstar doing business as: Mr. Cooper, Case No. DC-23-18800 was removed from the 192nd Judicial District, Dallas County, Texas, to the U.S. District Court for the Northern District of Texas on Dec. 13, 2023. The District Court Clerk assigned Case No. 23-cv-02756-L to the proceeding. The nature of suit is stated as Torts/Pers Prop: Other Personal Property Damage. Nationstar doing business as Mr. Cooper Group Inc. -- https://www.mrcooper.com/ -- is an umbrella corporation holding companies like Nationstar Mortgages, LLC, one of the largest mortgage servicers in the United States.[BN] The Plaintiff appears pro se. Kurt Hollis Jones, Esq. Andrew M. Engel, Esq. Brian D. Flick, Esq. Marc E. Dann, Esq. THE DANN LAW FIRM CO LPA 15000 Madison Avenue Lakewood, OH 44107 Phone: (216) 373-0539 Email: kjones@dannlaw.com - and - Lucy McShane, Esq. Maureen M Brady, Esq. MCSHANE & BRADY LLC 1656 Washington Street, Suite 120 Kansas City, MO 64108 Phone: (816) 888-8010 Fax: (816) 332-6295 The Defendants are represented by: Thomas G. Yoxall, Esq. M Taylor Levesque, Esq. Roger B. Cowie, Esq. LOCKE LORD LLP 2200 Ross Avenue, Suite 2800 Dallas, TX 75201-6776 Phone: (214) 740-8683 Fax: (214) 740-8800 Email: tyoxall@lockelord.com taylor.levesque@lockelord.com rcowie@lockelord.com - and - Allison Schoenthal, Esq. Molly Leiwant, Esq. GOODWIN PROCTER LLP 620 Eighth Avenue New York, NY 10018 Phone: (212) 813-8800 Fax: (212) 355-3333 Email: allison.schoenthal@hoganlovells.com mleiwant@goodwinlaw.com - and - William Kyle Tayman, Esq. GOODWIN PROCTER LLP 1900 N St. NW Washington, DC 20036 Phone: (202) 346-4000 Fax: (202) 346-4444 Email: KTayman@goodwinlaw.com MULLIKIN GROUP: Armstrong Sues to Recover Unpaid Overtime Wages --------------------------------------------------------------- Thomas C. Armstrong, individually, and on behalf of himself and others similarly situated v. MULLIKIN GROUP, INC., D/B/A BATH FITTERS, Case No. 2:23-cv-02768 (W.D. Tenn., Dec. 12, 2023), is brought against Defendant as a Collective Action under the Fair Labor Standards Act ("FLSA") to recover unpaid overtime compensation and other damages for Plaintiff and other similarly situated current and former employees classified as home inspectors. The Plaintiff and potential plaintiffs performed work for Defendant in excess of 40 hours per week within weekly pay periods during all times material to this action. The Defendant established, implemented and administered the pay and compensation plans, policies and practices related to Plaintiff and potential plaintiffs. Considering that Plaintiff and potential plaintiffs worked more than five days per week, and more than eight hours per shift within weekly pay periods, they performed overtime work in such weekly pay periods. However, they were not paid for such overtime within such weekly pay periods at the applicable FLSA overtime compensation rates of pay during all times material herein. The Defendant willfully and with reckless disregard to established FLSA overtime requirements--and without a good faith basis--failed to pay Plaintiff and potential plaintiffs all the overtime compensation owed them at the applicable FLSA overtime compensation rates of pay within weekly pay periods during all times material to this action. The Defendant knew and was aware at all relevant times it was failing to pay the overtime compensation to Plaintiff and potential plaintiffs that was due them. As a result of Defendant's lack of a good faith basis and willful failure to pay Plaintiff and potential plaintiffs in compliance with the overtime requirements of the FLSA, they have suffered lost wages in terms of lost overtime compensation, as well as suffered other damages, says the complaint. The Plaintiff was employed by Defendant as a home inspector at its Memphis, Tennessee operations. The Defendant does business as Bath Fitters, a bath room installation company.[BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. James L. Holt, Jr., Esq. Joshua Autry, Esq. JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Phone: (901) 754-8001 Facsimile: (901) 754-8524 Email: gjackson@jsyc.com rbryant@jsyc.com jholt@jsyc.com jautry@jsyc.com NASSAU COUNTY, NY: Faces Suit Over Retirees' Healthcare Benefits ---------------------------------------------------------------- NASSAU RETIREES LEGAL FUND, INC., HELEN EBBERT, BRUCE RASKIN, ANN FUREY, MARGARET REYNOLDS, JANE HARRIS, PAUL TANTILLO, and SCOTT COHEN on behalf of themselves and all others similarly situated, Plaintiffs v. NASSAU COUNTY, and COUNTY EXECUTIVE BRUCE BLAKEMAN, in his Official Capacity, Defendants, Case No. 620113/2023 (N.Y. Sup., December 12, 2023) arises from the Defendants' conduct of subverting their legal obligation to provide Plaintiffs and other Retirees with certain healthcare benefits and asserts claims against the Defendants for breach of contract, promissory estoppel, and for violations of the New York Human Rights Law. The suit alleges that beginning around November 15, 2023, the County began informing Plaintiffs and similarly situated retirees that they were being dis-enrolled from the Empire Plan and enrolled in the Excelsior Plan, which will immediately cost the Retirees huge sums of money that they cannot afford, and immediately reduce their access to life-saving drugs and doctors. Nassau County is suburban county in the New York Metropolitan area. [BN] The Plaintiffs are represented by: Adam Cohen, Esq. James W. Meehan, Esq. WALDEN MACHT & HARAN LLP 250 Vesey St., 27th Floor New York, NY 10281 Telephone: (212) 335-2965 E-mail: jgardener@wmhlaw.com hbelitz@wmhlaw.com NEWPORT GROUP: Amec Bid to Dismiss Symetra Cross-Claim Tossed ------------------------------------------------------------- In the class action lawsuit captioned as Wade, et al v. Newport Group, Inc., et al., (RE: AME CHURCH EMPLOYEE RETIREMENT FUND LITIGATION), Case No. 1:22-cv-01129-STA-jay (W.D. Tenn.), the Hon. Judge S. Thomas Anderson entered an order: -- Denying Amec's motion to dismiss Symetra Life Insurance Company's cross-claim; -- Granting in part, denying in part Symetra life's motion to stay; and -- Granting Symetra life's motion to stay Amec's crossclaims. Symetra Life has satisfied the requirements for a mandatory stay of the proceedings pursuant to section 3 of the Federal Arbitration Act, 9 U.S.C. section 3, pending arbitration between AMEC and Symetra Life of two gateway issues of arbitrability: (1) whether the 2003 RSA binds the Church and Symetra Life to arbitrate their dispute, and (2) if so, the scope of the issues and claims between the Church and Symetra Life subject to arbitration. Because of the mandatory nature of section 3 relief, AMEC's Motion to Dismiss Symetra Life's cross-claims against the Church cannot be granted. Nevertheless, Symetra Life has not shown why a stay of the proceedings, either a mandatory stay under section 3 or a discretionary stay pursuant to the Court's inherent power over its docket, is warranted as to Plaintiffs' claims against Symetra Life. The Plaintiffs seek to represent a class defined as: "All persons residing in the United States who are participants in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan, all persons residing in the United States who are beneficiaries entitled to benefits as of January 1, 2021, under the African Methodist Episcopal Church Ministerial Retirement Annuity Plan, and all persons residing in the United States who are qualified employees of the AMEC who were not, but should have been, made participants or beneficiaries in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan." The class consists of more than 5,000 members, though the precise number is not currently known. The Plaintiffs allege that the Rev. Dr. Jerome V. Harris, the Executive Director of the AMEC Department of Retirement Services and the Trustee for the church's retirement Plan, embarked on a long-running conspiracy to embezzle Plan funds and defraud Plaintiffs. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/3Nqet6M at no extra charge.[CC] NEWPORT GROUP: Amec Bid to Junk Symetra Cross-Claim Nixed in Ewing ------------------------------------------------------------------ In the class action lawsuit captioned as Ewing v. Newport Group, Inc. et al., Case No. 2:22-cv-02136 (W.D. Tenn.), the Hon. Judge S. Thomas Anderson entered an order: -- Denying Amec's motion to dismiss Symetra Life Insurance Company's cross-claim; -- Granting in part, denying in part Symetra life's motion to stay; and -- Granting Symetra life's motion to stay Amec's crossclaims. Symetra Life has satisfied the requirements for a mandatory stay of the proceedings pursuant to section 3 of the Federal Arbitration Act, 9 U.S.C. section 3, pending arbitration between AMEC and Symetra Life of two gateway issues of arbitrability: (1) whether the 2003 RSA binds the Church and Symetra Life to arbitrate their dispute, and (2) if so, the scope of the issues and claims between the Church and Symetra Life subject to arbitration. Because of the mandatory nature of section 3 relief, AMEC's Motion to Dismiss Symetra Life's cross-claims against the Church cannot be granted. Nevertheless, Symetra Life has not shown why a stay of the proceedings, either a mandatory stay under section 3 or a discretionary stay pursuant to the Court's inherent power over its docket, is warranted as to Plaintiffs' claims against Symetra Life. The Plaintiffs seek to represent a class defined as: "All persons residing in the United States who are participants in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan, all persons residing in the United States who are beneficiaries entitled to benefits as of January 1, 2021, under the African Methodist Episcopal Church Ministerial Retirement Annuity Plan, and all persons residing in the United States who are qualified employees of the AMEC who were not, but should have been, made participants or beneficiaries in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan." The class consists of more than 5,000 members, though the precise number is not currently known. The Plaintiffs allege that the Rev. Dr. Jerome V. Harris, the Executive Director of the AMEC Department of Retirement Services and the Trustee for the church's retirement Plan, embarked on a long-running conspiracy to embezzle Plan funds and defraud Plaintiffs. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/4amNC5x at no extra charge.[CC] NEWPORT GROUP: Amec Bid to Toss Symetra Cross-Claim Nixed in Harris ------------------------------------------------------------------- In the class action lawsuit captioned as Alexander v. Harris et al., Case No.1:22-cv-01128 (W.D. Tenn.), the Hon. Judge S. Thomas Anderson entered an order: -- Denying Amec's motion to dismiss Symetra Life Insurance Company's cross-claim; -- Granting in part, denying in part Symetra life's motion to stay; and -- Granting Symetra life's motion to stay Amec's crossclaims. Symetra Life has satisfied the requirements for a mandatory stay of the proceedings pursuant to section 3 of the Federal Arbitration Act, 9 U.S.C. section 3, pending arbitration between AMEC and Symetra Life of two gateway issues of arbitrability: (1) whether the 2003 RSA binds the Church and Symetra Life to arbitrate their dispute, and (2) if so, the scope of the issues and claims between the Church and Symetra Life subject to arbitration. Because of the mandatory nature of section 3 relief, AMEC's Motion to Dismiss Symetra Life's cross-claims against the Church cannot be granted. Nevertheless, Symetra Life has not shown why a stay of the proceedings, either a mandatory stay under section 3 or a discretionary stay pursuant to the Court's inherent power over its docket, is warranted as to Plaintiffs' claims against Symetra Life. The Plaintiffs seek to represent a class defined as: "All persons residing in the United States who are participants in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan, all persons residing in the United States who are beneficiaries entitled to benefits as of January 1, 2021, under the African Methodist Episcopal Church Ministerial Retirement Annuity Plan, and all persons residing in the United States who are qualified employees of the AMEC who were not, but should have been, made participants or beneficiaries in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan." The class consists of more than 5,000 members, though the precise number is not currently known. The Plaintiffs allege that the Rev. Dr. Jerome V. Harris, the Executive Director of the AMEC Department of Retirement Services and the Trustee for the church's retirement Plan, embarked on a long-running conspiracy to embezzle Plan funds and defraud Plaintiffs. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://t.ly/3Rg8Fhi at no extra charge.[CC] NOVAVAX INC: Settles Sinnathurai Suit Over SEC Filing ------------------------------------------------------ Novavax, Inc. disclosed in its Form 8-K on December 5, 2023, filed with the Securities and Exchange Commission on December 5, 2023, that on December 4, 2023, the parties agreed to a binding settlement in principle to fully resolve the surviving claims in the case captioned "Sothinathan Sinnathurai v. Novavax, Inc., et al.," (Case No. 8:21-cv-02910-TDC, November 12, 2021). Under the proposed settlement's terms, the company agreed to pay $47 million into a settlement fund. The U.S. District Court for the District of Maryland dismissed all claims against two individual defendants and claims based on certain public statements challenged in the consolidated amended securities class action against the company and certain members of senior management. The Maryland Court denied the motion to dismiss as to the remaining claims and defendants, and directed the company and other remaining defendants to answer within fourteen days. On December 27, 2022, the company filed its answer and affirmative defenses. On January 26, 2022, the Maryland Court entered an order designating David Truong, Nuggehalli Balmukund Nandkumar, and Jeffrey Gabbert as co-lead plaintiffs in the Sinnathurai Action. The co-lead plaintiffs filed a consolidated amended complaint on March 11, 2022, alleging that the defendants made certain purportedly false and misleading statements concerning the company's ability to manufacture NVX-CoV2373 on a commercial scale and to secure the NVX-CoV2373's regulatory approval. The amended complaint defines the purported class as those stockholders who purchased the company's securities between February 24, 2021 and October 19, 2021. On April 25, 2022, the defendants filed a motion to dismiss the consolidated amended complaint. On December 12, 2022, the Maryland Court issued a ruling granting in part and denying in part defendants' motion to dismiss. Novavax, Inc. is a biotechnology company into the discovery, development, and commercialization of vaccines. It currently has one commercial program, for vaccines to prevent COVID (Novavax COVID Vaccine, Adjuvanted), which it markets under the brand name "Nuvaxovid(TM)" and has partnered with Serum Institute of India Pvt. Ltd. (SIIPL) and markets NVX-CoV2373 as "Covovax(TM)." NUTANIX INC: Settlement Deal Reached in Securities Suit ------------------------------------------------------- Nutanix, Inc. disclosed in its Form 10-Q report for the quarterly period ended October 31, 2023, filed with the Securities and Exchange Commission on December 20, 2023, that on November 20, 2023, the court dismissed a securities class action pursuant to a settlement agreement. On April 14, 2023, a purported federal securities class action complaint was filed in the United States District Court for the Northern District of California against the company, two of its current officers, and a former officer. The complaint generally alleges that the defendants made false and misleading statements in violation the Exchange Act and SEC Rule 10b-5. The court appointed a lead plaintiff for the putative class in this action, consisting of those who purchased or otherwise acquired its securities between September 21, 2021 and March 6, 2023, inclusive. In September 2023, the company and the lead plaintiff in the securities class action reached an agreement to dismiss the action, with prejudice as to the lead plaintiff and without prejudice as to the other members of the putative class. The settlement payment was not material. Nutanix, Inc. provides an enterprise cloud platform that consists of software solutions and cloud services that power its customers' enterprise infrastructure. OHNH EMP: Scott Sues Over Unpaid Overtime Compensation ------------------------------------------------------ Ashley Scott and Falona Gavins, individually and on behalf of all others similarly situated v. OHNH EMP, LLC d/b/a ADDISON HEALTHCARE CENTER, Case No. 4:23-cv-02380 (N.D. Ohio, Dec. 13, 2023), is brought against the Defendant's ciolation of the Ohio Revised Code and the Fair Labor Standards Act by not paying Plaintiffs and similarly situated employees at least time-and-a-half overtime wages for all hours over forty in a workweek. When Defendant implemented the Kronos system, Defendant began a practice of automatically deducting 30 minutes for lunch breaks, if the employee did not punch out for lunch. If the employee did punch out for lunch, Defendant automatically deducted one hour for lunch breaks. The Defendant made automatic lunch breaks deductions regardless of whether Plaintiffs and similarly situated employees actually took a lunch break. Plaintiffs did not take lunch breaks at least 3 days per week that they worked. Defendant deducted time for lunch breaks from Plaintiffs' pay regardless. Defendant offered no options whatsoever for Plaintiffs and similarly situated employees to receive compensation for the automatic lunch break deductions that Defendant made. The Plaintiffs worked over forty hours per week for Defendant. The Defendant is required to comply with time-and-a-half overtime wage requirements set forth in the Ohio Revised Code and the Fair Labor Standards Act. The Defendant has violated the Ohio Revised Code and the Fair Labor Standards Act by not paying Plaintiffs and similarly situated employees at least time-and-a-half overtime wages for all hours over forty in a workweek that Plaintiffs and similarly situated employees worked. Plaintiffs and similarly situated employees have been damaged by Defendant's non-payment of time-and-a-half overtime wages for hours over forty in a workweek that Plaintiffs and similarly situated employees worked, says the complaint. The Plaintiffs were employed by the Defendant. The Defendant is an enterprise engaging in interstate commerce.[BN] The Plaintiff is represented by: Stephan I. Voudris, Esq. Christopher M. Sams, Esq. VOUDRIS LAW LLC 8401 Chagrin Road, Suite 8 Chagrin Falls, OH 44023 Phone: 440-543-0670 Fax: 440-543-0721 Email: svoudris@voudrislaw.com csams@voudrislaw.com PEGASYSTEMS INC: Plaintiffs Seek to Certify Class Action -------------------------------------------------------- In the class action lawsuit captioned as City of Fort Lauderdale Police And Firefighters' Retirement System et al v. Pegasystems Inc. et al, Case No. 1:22-cv-11220-WGY (D. Mass.), the Lead Plaintiffs move the Court for an Order: -- certifying the case as a class action pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, -- appointing the Plaintiffs as Class Representatives, and -- approving the Plaintiffs' selection of Robbins Geller Rudman & Dowd LLP as Class Counsel. The Lead Plaintiffs are Central Pennsylvania Teamsters Pension Fund - Defined Benefit Plan, Central Pennsylvania Teamsters Pension Fund - Retirement Income Plan 1987, and Construction Industry Laborers Pension Fund. Pegasystems is an American software company based in Cambridge, Massachusetts. A copy of the Plaintiffs' motion dated Dec. 12, 2023 is available from PacerMonitor.com at https://bit.ly/478zmdY at no extra charge.[CC] The Plaintiffs are represented by: Debra J. Wyman, Esq. Christopher D. Stewart, Esq. Lonnie A. Browne, Esq. Megan A. Rossi, Esq. Nicole Q. Gilliland, Esq. Chad Johnson, Esq. Snehee Khandeshi, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: debraw@rgrdlaw.com cstewart@rgrdlaw.com lbrowne@rgrdlaw.com mrossi@rgrdlaw.com ngilliland@rgrdlaw.com chadj@rgrdlaw.com skhandeshi@rgrdlaw.com - and – Theodore M. Hess-mahan, Esq. HUTCHINGS BARSAMIAN MANDELCORN, LLP 110 Cedar Street, Suite 250 Wellesley Hills, MA 02481 Telephone: (781) 431-2231 Facsimile: (781) 431-8726 E-mail: thess-mahan@hutchingsbarsamian.com PHARMACARE US: Deadlines in 4th Amended Scheduling Order Vacated ---------------------------------------------------------------- In the class action lawsuit captioned as MONTIQUENO CORBETT, individually and on behalf of all others similarly situated, et al., v. PHARMACARE U.S., INC., Case No. 3:21-cv-00137-JES-AHG (S.D. Cal.), the Hon. Judge Allison H. Goddard entered an order resolving opposed joint motion for continuance. 1. All dates and deadlines set forth in the Court's Fourth Amended Scheduling Order are vacated. 2. Within three days of a ruling on the motion for class certification, the parties must jointly contact the Court via email (at efile_goddard@casd.uscourts.gov) to arrange a settlement conference and a further case management conference. PharmaCare creates, markets and sells healthcare products. A copy of the Court's order dated Dec. 11, 2023 is available from PacerMonitor.com at https://bit.ly/4afqCWd at no extra charge.[CC] PMH-USA INC: Perez and Garcia Allege Labor Law Breaches ------------------------------------------------------- ANGELINA PEREZ, individually and on behalf of all those similarly situated, and MANUEL GARCIA, individually and on behalf of all those similarly situated, Plaintiffs v. PMH-USA, INC. d/b/a PARAMOUNT MATERIALS HANDLING, and PREDRAG CALASAN, and MILAN PESOVIC, Defendants, Case No. 1:23-cv-02056-YK (M.D. Pa., December 12, 2023) seeks to redress Defendants' violations of the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, the Pennsylvania Wage Payment and Collection Law, the Ohio Minimum Fair Wage Standards Act, and the Ohio Prompt Pay Act. Plaintiffs Perez and Garcia worked as laborers, building warehouse shelving racks at job sites for Defendants' clients. They were paid in an hourly rate and they regularly worked more than 40 in a workweek. However, Defendants failed to pay Plaintiffs and those similarly situated overtime wages for hours worked more than 40 hours in a workweek in violation of the FLSA, PMWA, OMWA, and OPPA. Moreover, Defendants unlawfully deducted from the wages of Plaintiffs and those similarly situated in violation of the PWPCL and OMWA, says the suit. PMH-USA provides storage rack and material handling systems installation services to clients throughout the country, including in Ohio, Texas, and Pennsylvania. [BN] The Plaintiff is represented by: Matthew D. Miller, Esq. Justin L. Swidler, Esq. Richard S. Swartz, Esq. SWARTZ SWIDLER, LLC 9 Tanner Street, Suite 101 Haddonfield, NJ 08033 Telephone: (856) 685-7420 Facsimile: (856) 685-7417 E-mail: mmiller@swartz-legal.com PRECISION IMAGING: Class Cert Bid Filing Extended to Jan. 5 ----------------------------------------------------------- In the class action lawsuit captioned as Marc Irwin Sharfman M.D. P.A. v. Precision Imaging St. Augustine LLC et al., Case No. 6:22-cv-00642 (M.D. Fla., Filed March 31, 2022), the Hon. Judge Wendy W. Berger entered an order granting unopposed motion for extension of time. -- The Plaintiff's deadline to file a Jan. 5, 2024 motion for class certification is extended to: No other deadline in this case is extended, nor may this extension be cited as cause to extend any other deadline. The nature of suit states Restrictions of Use of Telephone Equipment. Precision Imaging is a Radiology Clinic/Center.[CC] PROCTER & GAMBLE: Reyes Suit Transferred to E.D. New York --------------------------------------------------------- The case captioned as Rebecca Lynn Reyes, individually and on behalf of those similarly situated v. The Procter & Gamble Company, Walmart, Inc., Case No. 1:23-cv-00623 was transferred from the U.S. District Court for the Southern District of Ohio, to the U.S. District Court for the Eastern District of New York on Dec. 19, 2023. The District Court Clerk assigned Case No. 1:23-cv-09308-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. The Procter & Gamble Company -- https://us.pg.com/ -- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio.[BN] The Plaintiff is represented by: Robert J. Wagoner, Esq. DITTMER, WAGONER & STEELE, LLC 107 W. Johnstown Road Gahanna, OH 43230 Phone: (614) 471-8181 Fax: (614) 540-7473 Email: bob@dwslaw.com - and - Cari Campen Laufenberg, Esq. Derek W. Loeser, Esq. KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 Phone: (206) 623-1900 Fax: (206) 623-3384 Email: claufenberg@kellerrohrback.com dloeser@kellerrohrback.com The Defendants are represented by: Adrienne L. Byard, Esq. SHOOK HARDY LLP - Kansas City 2555 Grand Boulevard Kansas City, MO 64108 Phone: (816) 474-6550 Fax: (816) 421-5547 Email: abyard@shb.com PROCTER & GAMBLE: Travis Suit Transferred to E.D. New York ---------------------------------------------------------- The case captioned as Tiffany Travis, individually and on behalf of those similarly situated v. The Procter & Gamble Company, Kenvue Inc., McNeil Consumer Healthcare, Reckitt & Benckiser LLC, GlaxoSmithKline LLC, Johnson & Johnson Consumer Inc., RB Health (US) LLC, GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Case No. 1:23-cv-00607 was transferred from the U.S. District Court for the Southern District of Ohio, to the U.S. District Court for the Eastern District of New York on Dec. 20, 2023. The District Court Clerk assigned Case No. 1:23-cv-09306-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. The Procter & Gamble Company -- https://us.pg.com/ -- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio.[BN] The Plaintiffs are represented by: Alyson Steele Beridon, Esq. HERZFELD, SUETHOLZ, GASTEL, LENISKI AND WALL, PLLC 600 Vine St., Ste. 2720 Cincinnatti, OH 45202 Phone: (513) 381-2224 Fax: (615) 994-8625 Email: alyson@hsglawgroup.com - and - Benjamin A. Gastel, Esq. Joey P. Leniski, Jr., Esq. HERZFELD, SUETHOLZ, GASTEL, LENISKI AND WALL, PLLC 223 Rosa L Parks Ave., Ste. 300 Nashville, TN 37203 Phone: (615) 800-6225 Email: ben@hsglawgroup.com joey@hsglawgroup.com The Defendant is represented by: Kendall Tappan Burchard, Esq. COVINGTON & BURLING LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001 Phone: (202) 662-5131 Email: kburchard@cov.com - and - David J. Dirisamer, Esq. BARNES & THORNBURG LLP 41 South High Street, Suite 3300 Columbus, OH 43215 Phone: (614) 628-0096 Fax: (614) 628-1433 Email: david.dirisamer@btlaw.com - and - Tariq M Naeem, Esq. 950 Main Avenue, Suite 1100 Cleveland, OH 44113-7213 Phone: (216) 592-5000 Fax: (216) 592-5009 Email: tariq.naeem@tuckerellis.com - and - Aaron Matthew Stevenson, Esq. KIRKLAND & ELLIS LLP 300 N. LaSalle Ave. Chicago, IL 60654 Phone: (312) 862-4663 Email: aaron.stevenson@kirkland.com - and - Julie R. Schindel, Esq. Lauren S. Colton, Esq. HOGAN LOVELLS US LLP 100 International Drive, Suite 2000 Baltimore, MD 21202 Phone: (410) 659-5058 Fax: (410) 659-2701 Email: julie.schindel@hoganlovells.com lauren.colton@hoganlovells.com PROCTER & GAMBLE: Vent Suit Transferred to E.D. New York -------------------------------------------------------- The case captioned as Sierra Vent, individually and on behalf of all others similarly situated v. The Procter & Gamble Company, Walmart, Inc., Case No. 1:23-cv-00680 was transferred from the U.S. District Court for the Southern District of Ohio, to the U.S. District Court for the Eastern District of New York on Dec. 19, 2023. The District Court Clerk assigned Case No. 1:23-cv-09309-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. The Procter & Gamble Company -- https://us.pg.com/ -- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio.[BN] The Plaintiff is represented by: Andrew S Baker, Esq. THE BAKER LAW GROUP 89 E. Nationwide Blvd., Ste 2nd Floor Columbus, OH 43215 Phone: (614) 228-1882 Fax: (614) 228-1862 Email: andrew.baker@bakerlawgroup.net - and - Blake G. Abbott, Esq. Paul J. Doolittle, Esq. POULIN WILLEY ANASTOPOULO LLC 32 Ann Street Charleston, SC 29403 Phone: (843) 834-4712 Email: blake@akimlawfirm.com pauld@akimlawfirm.com PROTECTIVE LIFE: Court Vacates Class Cert Hearing in Allen ----------------------------------------------------------- In the class action lawsuit captioned as BEVERLY ALLEN, v. PROTECTIVE LIFE INSURANCE COMPANY, et al., Case No. 1:20-cv-00530-JLT-CDB (E.D. Cal.), the Court entered an order: -- granting the Defendants' motion to stay; and -- Vacating hearing on the plaintiff's motion to certify class. After balancing the potential harm and inequity presented by staying this action against the competing equities of hardship imposed and judicial economy, the Court finds good cause exists to grant the Defendants' motion to stay pending resolution by the Ninth Circuit Court of Appeals of important and potentially dispositive issues germane to this case. The action is stayed pending issuance of an opinion by the Ninth Circuit Court of Appeals in the Farley and/or Small actions. If no determinative decision is rendered in Farley and/or Small within one year of the date of this Order, Plaintiff may seek relief through a motion to lift stay. The Plaintiff Allen filed this lawsuit on April 13, 2020, asserting six claims for relief against Defendants Protective Life Insurance Company and Empire General Life Insurance Company. The Plaintiff seeks to collect the death proceeds of her late husband, Danny Allen, as the beneficiary of his life insurance policy. The Plaintiff further seeks to represent a class of individuals whose life insurance policies were improperly lapsed due to Defendants' alleged non-compliance with California Insurance Code sections 10113.71 and 10113.72. On October 2, 2020, the Court granted Defendants' first motion to stay. The Plaintiff moves for the certification of two classes, defined follows: -- The Class: "All vested owners and beneficiaries of life insurance policies issued or delivered by Defendant in California, and which, after January 1, 2013, were lapsed or terminated for nonpayment of premium without Defendant first providing all the protections required by Insurance Code Sections 10113.71 and 10113.72 -- The Elder Abuse Sub-Class: "All members of the Class defined above who were also 65 years or older at the time the policy lapsed or terminated." Protective Life offers annuities and life insurance services. A copy of the Court's order dated Dec. 12, 2023 is available from PacerMonitor.com at https://bit.ly/3v5Jzur at no extra charge.[CC] SOLGAARD DESIGN: Tucker Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Solgaard Design Inc. The case is styled as Henry Tucker, on behalf of himself and all other persons similarly situated v. Solgaard Design Inc., Case No. 1:23-cv-10793-LJL (S.D.N.Y., Dec. 12, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Solgaard -- https://solgaard.co/ -- creates designed tech, travel gear, accessories, luggage, and luxury timepieces for global citizens.[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 Fax: (212) 982-6284 Email: nyjg@aol.com danalgottlieb@aol.com SUN CITY ROSEVILLE: Ublado Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Sun City Roseville Community Association, Inc. The case is styled as Rolando Pizarro Ublado, on behalf of himself and others similarly situated v. Sun City Roseville Community Association, Inc., Case No. S-CV-0051804 (Cal. Super. Ct., Placer Cty., Dec. 12, 2023). The case type is stated as "Other Employment." Sun City Roseville Community Association, Inc. -- https://www.suncityroseville.org/ -- operates as an adult community. The Company golf, tennis, fitness, swimming, walking, biking, fine arts, travel, volunteering, dining, and other recreational services.[BN] SYSTEMS EAST INC: Williams Files Suit in N.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Systems East, Inc. The case is styled as Barbara Williams, on behalf of herself and all others similarly situated v. Systems East, Inc., Case No. 5:23-cv-01571-DNH-ML (N.D.N.Y., Dec. 13, 2023). The nature of suit is stated as Other Personal Property for Property Damage. Systems East Inc. -- http://www.systemseastinc.com/-- was founded in 1993. The company's line of business includes manufacturing relays and industrial controls.[BN] The Plaintiff is represented by: Mason A. Barney, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue-Suite 500 New York, NY 10151 Phone: (212) 532-1091 Email: mbarney@sirillp.com TAYLOR FARMS RETAIL: Magallan Suit Removed to N.D. California ------------------------------------------------------------- The case captioned as Joseph Arturo Magallan, individually and on behalf of all others similarly situated v. TAYLOR FARMS RETAIL, INC.; and DOES 1 through 20, inclusive, Case No. 23CV003260 was removed from the Superior Court of the State of California for the County of Monterey, to the U.S. District Court for the Northern District of California on Dec. 13, 2023, and assigned Case No. 5:23-cv-06420. The Plaintiff asserts one cause of action in his Complaint under the California Labor Code Private Attorneys General Act ("PAGA"), California Labor Code. The Complaint seeks civil penalties and attorneys' fees, expenses, and costs for alleged violations of California Labor Codes.[BN] The Defendants are represented by: Andrew B. Levin, Esq. Ricardo R. Bours, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Esplanade Center III, Suite 800 2415 East Camelback Road Phoenix, AZ 85016 Phone: 602-778-3700 Facsimile: 602-778-3750 Email: andy.levin@ogletree.com ricardo.bours@ogletree.com TENNESSEE GAS: Koontz Suit Removed to E.D. Louisiana ---------------------------------------------------- The case styled as Bradish Johnson Co., Limited, individually and as representative of those similarly situated v. Tennessee Gas Pipeline Company, LLC, Kinetica Energy Express, LLC, Case No. 23-10295 was removed from the Civil District Court for the Parish of Orleans, to the U.S. District Court for the Eastern District of Louisiana on Dec. 20, 2023. The District Court Clerk assigned Case No. 2:23-cv-07363 to the proceeding. The nature of suit is stated as Other Contract as Contract Dispute. Tennessee Gas Pipeline Company, L.L.C. -- http://pipeportal.kindermorgan.com/PortalUI/DefaultKM.aspx?TSP=TGPD -- provides gas transportation and storage services. The Company offers transportation, gathering, processing, development, and management of natural gas.[BN] The Plaintiff appears pro se. The Defendants are represented by: Jeffrey Joseph Gelpi, Esq. KEAN MILLER LLP 909 Poydras Street, Suite 3600 New Orleans, LA 70112 Phone: (504) 620-3365 Fax: (504) 585-3051 Email: jeff.gelpi@keanmiller.com UNITED HEALTHCARE: Abramowitz Suit Transferred to S.D. Florida -------------------------------------------------------------- The case styled as Kelly Abramowitz, individually and on behalf of all others similarly situated v. United HealthCare Services, Inc. doing business as: UnitedHealthcare Student Resources, Case No. 0:23-cv-02713 was transferred from the U.S. District Court for the District of Minnesota, to the U.S. District Court for the District of Massachusetts on Dec. 13, 2023. The District Court Clerk assigned Case No. 1:23-cv-13068-ADB to the proceeding. The nature of suit is stated as Other Fraud. United Healthcare Services, Inc. -- https://www.uhc.com/ -- was founded in 1974. The company's line of business includes providing hospital, medical, and other health services to subscribers or members.[BN] The Plaintiff is represented by: Nathaniel James Weimer, Esq. TEWKSBURY & KERFELD, P.A. 88 South Tenth St., Ste. 300 Minneapolis, MN 55403 Phone: (612) 334-3399 Email: nweimer@tkz.com The Defendant is represented by: Elizabeth A. Patton, Esq. FOX ROTHSCHILD LLP 222 South Ninth Street, Suite 2000 Minneapolis, MN 55402 Phone: (612) 607-7000 Email: epatton@foxrothschild.com - and - Ellie J. Barragry, Esq. FOX ROTHSCHILD LLP 33 South Sixth Street, Suite 3600 Minneapolis, MN 55402 Phone: (612) 607-7476 Fax: (612) 607-7100 Email: ebarragry@foxrothschild.com UNITED RECOVERY: Class Certification Hearing Set for April 30 ------------------------------------------------------------- In the class action lawsuit captioned as Sun, et al., v. United Recovery Services, LLC, et al., Case No. 3:22-cv-05887 (N.D. Cal., Filed Oct 7, 2022), the Hon. Judge Rita F. Lin entered an order modifying case schedule as follows: -- Further Case Management Conference set for: March 20, 2024 -- The parties are ordered to submit a joint March 13, 2024 updated case management statement by: -- Last Day for Class Certification Hearing is: April 30, 2024 The suit alleges violation of the Fair Debt Collection Act. United Recovery is a receivables management company that specializes in medical billing for healthcare organizations.[CC] UNITEDHEALTH GROUP: Dillman-Hasso Suit Transferred to D. Mass. -------------------------------------------------------------- The case styled as Naseem Dillman-Hasso, Mohammed Al Jubran, Kelly Abramowitz, on behalf of himself and all others similarly situated v. UnitedHealth Group Incorporated, United HealthCare Services, Inc. doing business as: UnitedHealthcare Student Resources, United HealthCare Services, Inc. doing business as: UnitedHealthcare Student Resources, Case No. 0:23-cv-02483 was transferred from the U.S. District Court for the District of Minnesota, to the U.S. District Court for the District of Massachusetts on Dec. 13, 2023. The District Court Clerk assigned Case No. 1:23-cv-13064-ADB to the proceeding. The nature of suit is stated as Other Contract for Contract Dispute. UnitedHealth Group Incorporated -- https://www.unitedhealthgroup.com/ -- is an American multinational health insurance and services company based in Minnetonka, Minnesota.[BN] The Plaintiff is represented by: Blake Hunter Yagman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma, OK 73120 Phone: (405) 235-1560 Fax: (405) 239-2112 Email: wbf@federmanlaw.com - and - Garrett D. Blanchfield, Jr., Esq. Roberta A. Yard, Esq. REINHARDT WENDORF & BLANCHFIELD E1250 First National Bank Bldg 332 Minnesota Street St. Paul, MN 55101 Phone: (651) 287-2100 Fax: (651) 287-2103 Email: g.blanchfield@rwblawfirm.com r.yard@rwblawfirm.com - and - Israel David, Esq. ISRAEL DAVID LLC 17 State Street, Suite 4010 New York, NY 10004 Phone: (212) 739-0622 Email: israel@israeldavidllc.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (847) 208-4585 Email: gklinger@milberg.com - and - Bryan L Bleichner, Esq. Philip Joseph Krzeski, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Phone: (612) 339-7300 Fax: (612) 336-2940 Email: bbleichner@chestnutcambronne.com pkrzeski@chestnutcambronne.com - and - Nathaniel James Weimer, Esq. TEWKSBURY & KERFELD, P.A. 88 South Tenth St., Ste. 300 Minneapolis, MN 55403 Phone: (612) 334-3399 Email: nweimer@tkz.com The Defendant is represented by: Donald MacKaye Houser, Esq. Kristine McAlister Brown, Esq. ALSTON & BIRD 1201 W. Peachtree St. Atlanta, GA 30309-3424 Phone: (404) 881-4749 Fax: (404) 881-7777 Email: donald.houser@alston.com kristy.brown@alston.com - and - Elizabeth Buckel, Esq. ALSTON & BIRD LLP 90 Park Ave. New York, NY 10016 Phone: (212) 201-1289 Email: elizabeth.buckel@alston.com - and - Ellie J. Barragry, Esq. FOX ROTHSCHILD LLP 33 South Sixth Street, Suite 3600 Minneapolis, MN 55402 Phone: (612) 607-7476 Fax: (612) 607-7100 Email: ebarragry@foxrothschild.com - and - Elizabeth A. Patton, Esq. FOX ROTHSCHILD LLP 222 South Ninth Street, Suite 2000 Minneapolis, MN 55402 Phone: (612) 607-7000 Email: epatton@foxrothschild.com URBAN OUTFITTERS: Hartley Sues Over Unlawful Collection of Data --------------------------------------------------------------- Tomi Hartley, individually and on behalf of all others similarly situated v. URBAN OUTFITTERS, INC., Case No. 2:23-cv-04891-CMR (E.D. Pa., Dec. 12, 2023), is brought for the Defendant's violations of Arizona's Telephone, Utility and Communication Service Records Act by unlawful collection of the Plaintiff's information and data. To maximize sales, Defendant solicits customers to sign up for its email list. Plaintiff and Class members are subscribers to Defendant's email list. Defendant embeds trackers within its emails. These trackers record whether and when subscribers open and read their messages. Defendant never received subscribers' consent to collect this information. By failing to receive consent from Plaintiff and Class members, Defendant is violating Arizona's Telephone, Utility and Communication Service Records Act, a statute that prohibits procuring or attempting to procure the communication service records of email recipients without their authorization, says the complaint. The Plaintiff has received promotional emails from Defendant. The Defendant is a large American clothing retailer.[BN] The Plaintiff is represented by: Kenneth J. Grunfeld, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT 65 Overhill Road Bala Cynwyd, PA 19004 Phone: (954) 525-4100 Email: grunfeld@kolawyers.com - and - Yitzchak Kopel, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Phone: (646) 837-7150 Fax: (212) 989-9163 Email: ykopel@bursor.com US TITLE CO: Neff Sues Over Underpayment of Wages ------------------------------------------------- LESLIE NEFF, individually and on behalf of similarly situated individuals, Plaintiffs, U.S. TITLE CO., INC., and JOSHUA BLACK, Defendants, Case No. 2:23-cv-00588 (E.D. Tex., December 12, 2023) alleges misclassification of title examiners and escrow officers as exempt employees despite having no duties which would meet the tests for exemptions under the Fair Labor Standards Act. US Title hired Ms. Neff in February of 2021 as an escrow officer. During most workweeks that she was employed by Defendants, Ms. Neff frequently worked more than 40 hours per week but was not paid overtime wages. Moreover, Defendants' underpayment of the Plaintiff and her co-workers, often referred to as "wage theft," allowed Defendants to gain an unfair advantage in the marketplace as compared to other title companies that pay their employees all of the money required by law, says the suit. U.S. Title Co., Inc. is a title company with offices concentrated in East Texas and specifically within the Eastern District of Texas, Tyler Division. Mr. Black is the current owner of US Title and is an attorney licensed in the State of Texas. [BN] The Plaintiff is represented by: Thomas H. Padgett, Jr., Esq. Josef F. Buenker, Esq. THE BUENKER LAW FIRM Houston, TX 77206 Telephone: (713) 868-3388 Facsimile: (713) 683-9940 E-mail: tpadgett@buenkerlaw.com jbuenker@buenkerlaw.com WASHINGTON COLLEGE: Creasy Files Suit in D. Maryland ---------------------------------------------------- A class action lawsuit has been filed against Washington College. The case is styled as Caitlyn Creasy, Vincent Pacheco, individually and on behalf of all others similarly situated v. Washington College, Case No. 1:23-cv-03377 (D. Md., Dec. 13, 2023). The nature of suit is stated as Other P.I. for Personal Injury. Washington College -- https://www.washcoll.edu/ -- is a private liberal arts college in Chestertown, Maryland.[BN] The Plaintiff is represented by: Zachary Edmund Howerton, Esq. SMOUSE & MASON, LLC 223 Duke of Gloucester Street Annapolis, MD 21401 Phone: (410) 269-6620 Fax: (410) 269-1235 Email: zeh@smouseandmason.com WATERTON RESIDENTIAL: Shakir Sues Over Unpaid Compensation ---------------------------------------------------------- Ramonda Shakir, on behalf of herself and on behalf of all other aggrieved employees v. WATERTON RESIDENTIAL, LLC dba WATERTON RESIDENTIAL, a Delaware limited liability company; and DOES 1 through 50, inclusive, Case No. 23STCV30383 (Cal. Super. Ct., Los Angeles Cty., Dec. 13, 2023), is brought against the Defendants' violation of the California Labor Code by failing to pay the Plaintiff minimum and overtime wages. The Defendants have had a consistent policy of failing to pay all wages due to its California Employees during the course of employment and timely upon separation from employment, failing to provide Employees with meal and rest periods, failing to reimburse necessary business expenses, and failing to issue accurately itemized wage statements to its California employees. Plaintiff alleges that Defendants, and each of them, violated various provisions of the California Labor Code and relevant orders of the Industrial Welfare Commission, and seeks redress for these violations, says the complaint. The Plaintiff was employed by Defendants as a non-exempt hourly employee based out of Defendants' office in Los Angeles, California. Waterton Residential, LLC dba Waterton Residential is a Delaware limited liability company with its principle executive office in Chicago, Illinois.[BN] The Plaintiff is represented by: Emil Davtyan, Esq. Roman Shkodnik, Esq. Amanda Fazio, Esq. D.LAW, INC. 880 E Broadway Glendale, CA 91205 Phone: (818) 962-6465 Facsimile: (818) 962-6469 Email: emil@d.law r.shkodnik@d.law a.fazio@d.law YUM! BRANDS INC: Knighten Suit Transferred to E.D. Tennessee ------------------------------------------------------------ The case styled as David Knighten, individually, and on behalf of all others similarly situated v. Yum! Brands, Inc., Charter Central, LLC, Charter Foods, Inc., Case No. 3:23-cv-00274 was transferred from the U.S. District Court for the Western District of Kentucky, to the U.S. District Court for the Eastern District of Tennessee on Dec. 12, 2023. The District Court Clerk assigned Case No. 2:23-cv-00168 to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Yum! Brands, Inc. -- https://www.yum.com/ -- formerly Tricon Global Restaurants, Inc., is an American fast food corporation listed on the Fortune 1000.[BN] The Plaintiffs are represented by: Cody A. Bolce, Esq. MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, CA 94612 Phone: (510) 422-5803 Email: cbolce@themmlawfirm.com - and - Daniel Srourian, Esq. DANIEL SROURIAN 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Phone: (213) 474-3800 Email: daniel@slfla.com - and - Joseph M Lyon, Esq. THE LYON FIRM 2754 Erie Avenue Cincinnati, OH 45208 Phone: (513) 381-2333 Fax: (513) 766-9011 Email: jlyon@thelyonfirm.com - and - Molly Munson Cherala, Esq. 17492 Kingston Way Castro Valley, CA 94546 Phone: (678) 431-9007 Email: mstarr09@gmail.com - and - Scott Edward Cole, Esq. COLE & VAN NOTE 555 12th Street, Suite 1725 Oakland, CA 94607 Phone: (510) 891-9800 The Defendants is represented by: Cloe Anderson, Esq. MAYER BROWN LLP - DC 1999 K Street, NW Washington, DC 20006-1101 Phone: (202) 263-3291 Email: cmanderson@mayerbrown.com - and - Sarah M. McKenna, Esq. Sarah Diana Reddick, Esq. DINSMORE & SHOHL LLP - LOUISVILLE 101 S. Fifth Street, Suite 2500 Louisville, KY 40202 Phone: (502) 581-8000 Fax: (502) 581-8111 Email: sarah.mckenna@dinsmore.com sarah.reddick@dinsmore.com - and - Jackson E Biesecker, Esq. JACKSON LEWIS P.C. (OH-CLEVELAND) 6100 Oak Tree Blvd., Suite 400 Cleveland, OH 44131 - and - Jonathan O. Harris, Esq. JACKSON LEWIS, P.C. 611 Commerce Street, Suite 2803 Nashville, TN 37203 Phone: (615) 565-1665 Fax: (615) 206-2244 Email: jonathan.harris@jacksonlewis.com - and - Ryan M. Martin, Esq. JACKSON LEWIS PC - CINCINNATI 201 E. Fifth Street, 26th Floor Cincinnati, OH 45202 Phone: (513) 719-5716 Fax: (513) 898-0051 ZARA USA: Mikhchi Suit Removed to E.D. Louisiana ------------------------------------------------ The case styled as Amir Mikhchi, individually and on behalf of all others similarly situated v. Zara USA, Inc., Does 1 through 20 inclusive, Case No. 23STCV25623 was removed from the Superior Court of California, Los Angeles County, to the U.S. District Court for the Eastern District of Louisiana on Dec. 13, 2023. The District Court Clerk assigned Case No. 2:23-cv-10448-JAK-RAO to the proceeding. The nature of suit is stated as Other Personal Property. Zara USA, Inc. -- https://www.zara.com/ -- designs, manufactures, and sells apparel and fashion products. The Company offers outwear, blazers, tops, jeans, skirts, shoes, bags, and accessories for men, women, and kids. Zara serves customers worldwide.[BN] The Plaintiff is represented by: Seyed Abbas Kazerounian, Esq. David J. McGlothlin, Esq. Gustavo Ponce, Esq. Mona Amini, Esq. KAZEROUNI LAW GROUP APC 245 Fischer Avenue Suite D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 Fax: (800) 520-5523 Email: ak@kazlg.com david@kazlg.com gustavo@kazlg.com mona@kazlg.com The Defendants are represented by: Christopher Chorba, Esq. Gregory Peter Boden, Esq. GIBSON DUNN AND CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 Phone: (213) 229-7396 Fax: (213) 229-6396 Email: cchorba@gibsondunn.com gboden@gibsondunn.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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***