/raid1/www/Hosts/bankrupt/CAR_Public/240104.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, January 4, 2024, Vol. 26, No. 4
Headlines
123 WASH: Martinez Suit Seeks to Certify Class of Tipped Employees
1945 INSURANCE: Harrison Sues Over Alleged TCPA Violations
A&I GENERAL: Faces Garcia Wage-and-Hour Class Suit in E.D.N.Y.
ACCENTURE PLC: Sued Over Hotel Data Breach
AHRC HEALTH CARE: Onate Bid for Class Certification Partly Granted
AJ BLOSENSKI: Salyers Suit Moved from Com. Pleas Ct. to E.D. Pa.
ALLSTATE FIRE: Filing for Class Cert Bid Due April 15
AMAZON.COM SERVICES: Harden Suit Removed to D. New Jersey
AMAZON.COM: Fails to Pay Proper Wages, Arrivas-Arcaina Alleges
AMERICU CREDIT: Suit Seeks Initial Nod of Class Action Settlement
ANCIENT ORGANICS: Filing for Class Certification Bid Due June 14
ARIZONA BEVERAGES: Parties Seek March 28 Class Cert Filing
ARIZONA GIFTS LLC: Gonzalez Files ADA Suit in S.D. New York
ARROW DRILLERS: Lewis Suit Removed to E.D. California
AUTO SYSTEMS: Class Certification Bid Due April 22
B'LASTER LLC: Stefan Sues Over Unpaid Minimum and Overtime Wages
BAE SYSTEMS: Plaintiffs' Ex Parte Application Partly OK'd
BALARINI RESTAURANT: Sanchez Files ADA Suit in E.D. New York
BALLAJ: Faces Hernandez Suit Over Mislabeled Kratom Products
BECK ELECTRIC: McKean Sues Over Unpaid Minimum, Overtime Wages
BERGLUND MANAGEMENT: Fails to Prevent Data Breach, Shelton Says
BLOOMIOS INC: Web Site Not Accessible to Blind, Bunting Says
BOTTLING GROUP: Giacomo Sues Over Nonpayment of Overtime Wages
BRIGHT EYE: Warlow Class Suit Seeks to Recover OT Pay Under FLSA
CALYX ENERGY: Class Action Settlement in Indianola Gets Initial Nod
CARILLON TOWER/CHICAGO: Yao Suit Transferred to S.D. New York
CARLISLE WIDE PLANK: Sanchez Files ADA Suit in E.D. New York
CASTLEROCK FARMING: Bid to Substitute Atty. in Moreno Suit Denied
CENTURY SURETY: Builders Sues Over Insurance Claims Issues
CFLAB LLC: Faces Kub Suit Over Unauthorized Subscription Charges
CINEVERSE ENTERTAINMENT: Discloses Users' Video Habits, Tejon Says
CLOWNS.COM INC: Fails to Pay Proper Wages, Angulo Alleges
COLONIAL LIFE: Class Cert Bid Filing in Seawell Due March 15
COMCAST CABLE: Brown Files Suit in S.D. Florida
COMCAST CABLE: Nanez Files Suit in E.D. Pennsylvania
CONIFER VALUE-BASED: Tang Suit Transferred to N.D. Texas
COSTCO WHOLESALE: Dimas Labor Suit Stayed
COSTCO WHOLESALE: Faces Clower Labor Suit in California Court
COSTCO WHOLESALE: Faces Murillo Labor Suit in California Court
COSTCO WHOLESALE: Faces Reyes Labor Suit in California Court
COUNTRY LIFE LLC: Zelvin Files ADA Suit in S.D. New York
CRAZY BUFFET: Fails to Pay OT Premiums, De la Cruz et al. Claim
CVS HEALTH: Faces Ruffin Suit Over Contaminated Eyedrop Products
DERMTECH INC: Quarford Sues Over 44.7% Drop in Share Price
DETROIT PIZZA: Faces Georges Wage-and-Hour Suit in S.D.N.Y.
DEVANSH LAB WERKS: Taylor Sues Over Unpaid Overtime Wages
DIET CENTER WORLDWIDE: Zelvin Files ADA Suit in S.D. New York
DOUBLE S. CHILI: Swallows Sues Over Unpaid Minimum, Overtime Wages
DOUBLETREE EMPLOYER: Huerta PAGA Suit Removed to C.D. California
DRIVE NEW: Court Terminates Bid to Certify Class in Petri Suit
DRIVEN BRANDS: Genesee County Sues Over 41% Drop of Stock Price
ECP-PF CT OPERATIONS: Fails to Pay Proper Wages, Oldacre Says
ELITE LINE: Court Modifies Briefing Schedule in Shaw Class Suit
EMPLOYMENT ADVOCATES: Fails to Pay Proper Wages, Azpeitia Says
ERIGERE RAPIDUS: Davis Sues Over Unpaid Overtime Wages
ESO SOLUTIONS INC: Claybo Files Suit in W.D. Texas
ESO SOLUTIONS INC: Jones Files Suit in W.D. Texas
EZCONTACTS.COM LLC: Zelvin Files ADA Suit in S.D. New York
FAMOUS GROUP: Fails to Pay Proper Wages, Araujo Alleges
FIRST NATIONAL: Deadline to File Class Cert. Bid Stayed in Burkett
FIRSTKEY HOMES: Plunkett Sues Over Leasing Agents' Unpaid Wages
FORD MOTOR: Bid to Strike Class Allegations OK'd in Antonyam Suit
FORD MOTOR: Must Oppose Lessin Class Cert Bid by Feb. 15
FORDHAM PIZZA: Fails to Pay Proper Wages, Melendez Alleges
FRED HUTCHINSON: Fails to Prevent Data Breach, Ayers Alleges
GINTZLER GRAPHICS: DeDeyn et al. Sue Over ERISA, Labor Law Breaches
GMS MINE REPAIR: Goff Sues Over Failure to Pay Overtime Wages
GURNEY PAYROLL : Fails to Pay Proper Wages, Collado Suit Alleges
HALLELUJAH ACRES: Bid for Discovery Tossed w/o Prejudice in Fykes
HEALTHY PAWS: Seeks to File Opposition and Exhibits in Benanav
HIS COMP LLC: Fails to Pay Proper Overtime Wages, Salgado Alleges
HP INC: Settles Securities Suit Over SEC Disclosures
HUMANA INC: Barrows Sues Over Improper Denial of Medicare Claims
ILLUMINA INC: Pension Fund Sues Over Stock Price's Precipitous Drop
ITHACA COLLEGE: Fails to Refund Tuition Fees, Akerman Alleges
JAMAICA HOSPITAL: Fails to Pay Overtime, St. Macary Claims
JANTEX BUILDING: Fails to Pay Proper OT Wages, Castillo Suit Claims
JET SET SPORTS: Caruso Appeals Suit Dismissal to 3rd Circuit
JK HIALEAH: Gonzalez Suit Alleges Overtime Wage Violations
JKS HOME: Smith Seeks to Recover Minimum, OT Wages Under FLSA, NYLL
JOHNSON & JOHNSON: Calhoun Suit Transferred to S.D. New York
JOHNSON & JOHNSON: Chamberlain Suit Transferred to E.D. New York
JOHNSON & JOHNSON: Jergins Sues Over Deceptive Sale of Decongestant
JOHNSON & JOHNSON: McWhite Suit Transferred to E.D. New York
JOHNSON & JOHNSON: Wright Suit Transferred to E.D. New York
JORNS & ASSOCIATES: Placeholder Bid for Class Cert Tossed
KELLY SERVICES: Class Settlement in Larry Suit Has Prelim. Approval
KEVIN CARR: Antrim Bid to Certify Class Partly OK'd
LA DUNI MCKINNEY: Manzay Suit Seeks Hourly Employees' Unpaid Wages
LEADING HEALTHCARE: Cunningham Sues Over Unpaid Wages, Retaliation
LEHIGH VALLEY: Fails to Secure Patients' Info, Schuh Alleges
LENOX PARKING: Faces Faican Wage-and-Hour Suit in S.D.N.Y.
LEVEL 3: Class Cert Hearing Set for Jan. 25
LORENZO FOOD: Fails to Pay Proper Wages, Barrios Alleges
MALCOLM DRILLING: Fails to Pay Proper Wages, Rosas Alleges
MARIA LETICIA PATRICIO: Hernandez Loses Bid to Serve by Publication
MICROVAST HOLDINGS: Faces Schelling Suit Over 25% Stock Price Drop
MIDWEST GAMING: Hess Sues Over Unprotected Personal Information
MINDGEEK USA: Appeals Class Cert. Ruling in Sex Trafficking Suit
MISSISSIPPI BEHAVIORAL: Class Cert Bid Filing Extended to May 1
MKS INSTRUMENTS: Class Certification Bid Filing Due Dec. 16
MOSES & SINGER: Daneshrad Sues Over Gender Discrimination
MOSQUITO SQUAD: Settlement Deal in Lenorowitz Gets Initial Nod
NATIONAL INSTRUMENTS: Faces Fraud Suit Over Deflated Stock Prices
NATIONS ROOF: Filing for Class Cert Bid Modified to Sept. 13
NEW YORK: Court Tosses Hamlett v. Jacob for Failure to State Claim
NEW YORK: Fails to Pay Proper Wages, Gonzalez Suit Alleges
NEW YORK: Plaintiffs' Bid to Compel Depositions OK'd
NORTHVIEW VILLAGE: Layoffs Without Advance Notice, Hawthorne Says
O.E. CONTRACTING: Fails to Pay Mason's OT Wages Under FLSA, NYLL
ON SEMICONDUCTOR CORP: Hubacek Alleges Securities Law Violations
ONE CALL CONCEPTS: Hudson Sues Over Untimely Wage Payments
PARKSIDE PUPS: Godoy Alleges Labor Law Breaches
PELOTON INTERACTIVE: Boone et al. Allege Breach of Fiduciary Duty
PENTAGON FEDERAL: Filing for Class Cert Bids Due Dec. 18
PETROLEX II LLC: Sells Below Standard Heating Oil, Kelly Alleges
PETSMART LLC: Bid for Arbitration in Jenkins Suit Granted in Part
PIXELLE SPECIALTY: Godfriaux Wage-and-Hour Suit Removed to E.D. Pa.
PJ NATIONAL: Faces Ventura Wage-and-Hour Suit in S.D.N.Y.
PLD TRANSPORT INC: Pippen Files FLSA Suit in W.D. Arkansas
PREMIER INFRASTRUCTURE: Faces Laribee Labor Suit in E.D.N.Y.
PROCTER & GAMBLE: Pellegrino Balks at Mislabeled Fiber Supplements
PROGRESS SOFTWARE: Reetz Files Suit in D. Massachusetts
PROGRESS SOFTWARE: Stewart Files Suit in D. Massachusetts
PROGRESS SOFTWARE: Swekoski Files Suit in D. Massachusetts
PROGRESS SOFTWARE: White Files Suit in D. Massachusetts
PROGRESSIVE DIRECT: Dayton Files Suit in Mass. Super. Ct.
PROTECTIVE LIFE: Court Stays Vann-Eubanks Suit
PROTHERA INC: Zelvin Files ADA Suit in S.D. New York
RBS CITIZENS: Must Oppose Reinig Class Cert Bid by Jan. 23
RCI HOSPITALITY: Mbaye Class Suit Seeks Conditional Certification
REVOLUTION TRUCKING: Underpays Cargo Van Operators, Loweth Claims
RHINO GUARD: Has Made Unsolicited Calls, Williams Suit Claims
RIGHT NOW ROOFING: M.D. Florida Dismisses Packard Class Suit
RINCON GUATEMALTECO: Fails to Pay Proper Wages, Banegas Alleges
ROBERT HALF: Floyd Suit Removed to W.D. Washington
RUSH SYSTEM: Kurowski Allowed to File Second Amended Complaint
SAKS.COM LLC: Embeds Spy Pixels in Marketing Emails, Mills Claims
SECURITY POLICE: Reynolds Suit Asserts Breach of Fiduciary Duty
SIKA AG: Lakewood Sues Over Price-Fixing in Admixtures Market
SMITTY'S/CAM2: Plaintiffs Bid for Class Cert Bid Partly Granted
SOLAREDGE TECHNOLOGIES: Cascallar Sues Over Drop in Share Price
SPORTS BASEMENT: Kimber PAGA Suit Removed to C.D. California
STATE FARM: Parties Seek to Reset Class Certification Hearing
STOP N GO: Quinde Sues Over Kitchen Workers' Unpaid Wages
SUNPOWER CORP: Simpson Sues Over Misleading Business Statements
THOMAS HEALTH: McKinsey Sues Over Home Health Aides' Unpaid OT
TINDER INC: Ciapinska Fraud Suit Removed to N.D. Texas
TOMMY'S REDHOTS: Carrillo Sues Over Unpaid Overtime Premiums
UNITED HEALTHCARE: Jubran Sues Over Data Breach of Personal Info
UNITED STATES: Brewer Has 30 Days to File Amended 20-Page Complaint
UNIVERSITY OF MISSOURI: Gregg Sues Over Unprotected Consumers' Data
US IMMIGRATION: Jimenez Suit Seeks Provisional Class Certification
UTILIQUEST LLC: Vanegas Sues to Recover Unpaid Wages
UTILITY RESOURCE: Daugherty Alleges Wage and Hour Law Violations
VEHI-SHIP LLC: Aguirre Suit Removed to W.D. Washington
VICTORY SWEET: Xitumul Suit Seeks Unpaid Wages for Shop Employees
WANABANA LLC: Markets Contaminated Fruit Products, Marsh Claims
WHIRLPOOL CORP: Non-Expert Discovery Cut-Off Due Sept. 23
WINN-DIXIE STORES: Bechtel Sues Over Deceptive Advertisement Scheme
ZEROED-IN TECHNOLOGIES: Fails to Secure Users' Info, Smith Alleges
ZEROED-IN TECHNOLOGIES: McDaniel Sues Over Unsecured Personal Info
ZEROED-IN TECHNOLOGIES: Mintz Sues Over Unsecured Personal Info
*********
123 WASH: Martinez Suit Seeks to Certify Class of Tipped Employees
------------------------------------------------------------------
In the class action lawsuit captioned as FERNANDO MARTINEZ, and
other similarly situated Individuals, v. 123 WASH, INC, d/b/a
SUPERIOR WASH; SOUTH FLORIDA WATER SERVICE, LLC; VINCENT GARCIA;
JOSEPH KENNETH SCOTT A/K/A JODY SCOTT, Case No. 0:23-cv-61253-LMR
(S.D. Fla.), the Plaintiffs ask the Court to enter an order:
(i) conditionally certifying a class of current and former
front-
of-the-house tipped employees who worked for Defendants
within
the last two years;
(ii) directing the Defendants to produce to undersigned counsel
within 20 days a list containing the names and last known
addresses of putative Class Members who worked for
Defendants
during the last two years;
(iii) authorizing undersigned counsel to send a notice to all
individuals whose names appear on the list produced by
Defendants' counsel;
(iv) any other relief that is just and appropriate.
In light of the broad remedial provisions of the FLSA, see, e.g.,
Prickett v. DeKalb County, 349 F.3d 1294, 1296-97 (11th Cir. 2003),
coupled with the lenient standard for conditional certification,
and Plaintiff's allegations and Affidavits filed, the evidence
submitted
is more than sufficient to satisfy Plaintiff's relatively light
burden of showing this Court that "there are [similarly situated]
persons who have suffered wage and hour violations who would join
this suit if they had notice of the suit."
The Plaintiffs seek collective-action certification of the
following class of similarly situated persons:
"All mobile fleet truck washer employees who worked at 123
Wash,
Inc, and South Florida Water Service, LLC, in Oakland Park
within
the two years preceding this lawsuit and who, as a result of
Defendants' policy were not paid any overtime wages for one or
more weeks."
A copy of the Plaintiffs' motion dated Dec. 13, 2023 is available
from PacerMonitor.com at https://bit.ly/48cWUQd at no extra
charge.[CC]
The Plaintiffs are represented by:
Zandro E. Palma, Esq.
THE LAW OFFICE OF ZANDRO PALMA
9100 S Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
E-mail: zep@thepalmalawgroup.com
1945 INSURANCE: Harrison Sues Over Alleged TCPA Violations
----------------------------------------------------------
CARLTON HARRISON, on behalf of himself and others similarly
situated, Plaintiff v. 1945 INSURANCE GROUP INC., Defendant, Case
No. 2:23-cv-00722-ECM-JTA (M.D. Ala., December 14, 2023) involves a
campaign by 1945 Insurance Group Inc., which placed calls to
numbers on the National Do Not Call Registry in violation of the
Telephone Consumer Protection Act of 1991.
The Defendant allegedly violated the TCPA and the Regulations by
making two or more telemarketing calls within a 12-month period to
Plaintiff and the members of the National Do Not Call Registry
Class while those persons' phone numbers were registered on the
National Do Not Call Registry since July 2022. The Plaintiff has no
prior relationship with the Defendant and did not consent to
receive calls from them, says the suit.
Based in Maryland, 1945 Insurance Group Inc. is an insurance agency
that offers Medicare funded insurance products to Medicare
qualified beneficiaries. [BN]
The Plaintiff is represented by:
J. Matthew Stephens, Esq.
METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
Telephone: (205) 939-0199
Facsimile: (205) 939-0399
E-mail: mstephens@mtattorneys.com
A&I GENERAL: Faces Garcia Wage-and-Hour Class Suit in E.D.N.Y.
--------------------------------------------------------------
ABIMAEL GARCIA, JABEL OSMANY ARAUZ ROCHEZ, JAIME TRINIDAD DEL
CARMEN, JOSE MANUEL NAMINA TENE, and JULIO CESAR RODRIGUEZ
GUADARRAMA, individually and on behalf of all others similarly
situated, Plaintiffs v. A&I GENERAL CONTRACTORS, LLC, RCD
RESTORATIONS, INC., and APS CONSTRUCTION CORP. and JOHN MARTINI,
JOSEPH CAGGIANO, and IXPATAC VALERIANO, as individuals, Defendants,
Case No. 1:23-cv-09131 (E.D.N.Y., December 13, 2023) seeks to
recover damages for Defendants' egregious violations of the Fair
Labor Standards Act and the New York Labor Law.
One of the Plaintiffs, Abimael Garcia, was employed by A&I General
Contractors, LLC, RCD Restorations, Inc., and APS Construction
Corp. as a roof insulator from in or around November 2022 until in
or around January 2023. Throughout his employment, Garcia was
required to work 50 hours or more hours per week. However, the
Defendants did not pay Plaintiff at a wage rate of time and a half
for his hours regularly worked over 40 hours in a work week, a
blatant violation of the overtime provisions contained in the FLSA
and NYLL. Among other things, the Defendants also failed to provide
Plaintiff with an accurate wage statement that included all hours
worked and all wages received each week when Plaintiff was paid in
violation of the NYLL, say the Plaintiffs.
A&I General Contractors, LLC is a New York domestic limited
liability company, organized under the laws of the State of New
York with a principal executive office located at 703 Yonkers Ave.,
Yonkers, NY 10704.
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
ACCENTURE PLC: Sued Over Hotel Data Breach
-------------------------------------------
Accenture PLC disclosed in its Form 10-Q Report for the quarterly
period ended November 30, 2023, filed with the Securities and
Exchange Commission on December 19, 2023, that Accenture was named
in a putative class action lawsuit filed by consumers of Marriott
International, Inc. Marriott in the U.S. District court for the
District of Maryland on July 24, 2019.
The complaint alleges negligence by the company and seeks monetary
damages, costs and attorneys' fees, and other related relief,
relating to a data security incident involving unauthorized access
to the reservations database of Starwood Worldwide Resorts, Inc.,
which was acquired by Marriott on September 23, 2016. On October
27, 2020, the court issued an order largely denying Accenture's
motion to dismiss the claims against the company. On May 3, 2022,
the court issued an order granting in part the plaintiffs' motion
for class certification, which the company is appealing.
On August 17, 2023, the appeals court vacated the class
certification and remanded the case to the district court for
consideration of, among other things, the class action waiver
signed by Starwood customer plaintiffs. On November 29, 2023, the
district court reinstated the classes previously certified by the
court in May 2022. The company has filed a petition to appeal.
Accenture plc is an Irish-American professional services company
based in Dublin, specializing in information technology services
and consulting.
AHRC HEALTH CARE: Onate Bid for Class Certification Partly Granted
------------------------------------------------------------------
In the class action lawsuit captioned as ANTONIO ONATE, JR., on
behalf of himself and all others similarly situated, v. AHRC HEALTH
CARE, INC., Case No. 1:20-cv-08292-AS-JW (S.D.N.Y.), the Hon. Judge
Arun Subramanian entered an order granting in part and denying in
part motion for class certification.
Antonio Onate, Jr., and 1,122 opt-in Plaintiffs bring this motion
for class certification in connection with their claims against the
Defendant AHRC Health Care, Inc. (AHRC) under the New York Labor
Law and its supporting regulations (NYLL).
The Plaintiffs seek certification of the following two classes:
-- Hourly Employees Class:
"All current and former non-exempt hourly employees of AHRC
(the
Hourly Employees) in the State of New York at any time from the
six years prior to the filing of the Complaint to the entry of
judgment in this case excluding employees in the Home Health
Department.
-- Salaried Employees Class:
All current and former salaried and overtime eligible employees
of
ARHC (the Salaried Employees) in the State of New York at any
time
from the six years prior to the filing of the Complaint to the
entry of judgment in this case excluding employees in the Home
Health Department.
The Plaintiffs also seek appointment of:
(1) Onate and opt-in Plaintiff Ciara Jones Best as the class
representatives of the Salaried Employees Class,
(2) opt-in Plaintiff Natia Guillouette and opt-in Plaintiff
Roxanne Brazil as the class representatives of the Hourly
Employees Class, and (3) McLaughlin & Stern, LLP (M&S) as
class counsel.
AHRC opposes and moves to strike certain documents from the record
that Plaintiffs submitted in connection with this motion.
The Court denies AHRC's motion.
AHRC is a 501(c)(3) not-for-profit organization operating in New
York City that provides programs and services to persons with
intellectual and developmental disabilities.
Onate was employed with AHRC from January 2014 to July 2018 as a
Medicaid Service Coordinator. According to Plaintiffs, AHRC
employed approximately 760 Salaried Employees and nearly 4,000
Hourly Employees between October 5, 2017, and October 5, 2020.
AHRC offers intellectual and developmental disabilities, health
care, treatment programs, education, and family support services.
A copy of the Court's memorandum opinion and order dated Dec. 14,
2023 is available from PacerMonitor.com at https://bit.ly/48uK5QX
at no extra charge.[CC]
AJ BLOSENSKI: Salyers Suit Moved from Com. Pleas Ct. to E.D. Pa.
----------------------------------------------------------------
The class action lawsuit captioned as JAY SALYERS, on behalf of
himself and all others similarly situated v. A.J. BLOSENSKI, INC.,
WASTE CONNECTIONS, INC., and WASTE CONNECTIONS US, INC., Case No.
C.C.P., 2023-08927-TT. (Nov. 13, 2023), was removed from the Court
of Common Pleas Chester County, Pennsylvania, to the U.S. District
Court for the Eastern District of Pennsylvania on Dec. 5, 2023.
The U.S. District Court for the Eastern District of Pennsylvania
Court Clerk assigned Case No. 2:23-cv-04802-WB to the proceeding.
The suit alleges that the Defendants routinely fail to provide
customers with the agreed-upon waste management services. The
Plaintiff asserts claims for breach of contract, promissory
estoppel, unjust enrichment, fraud, negligent misrepresentation,
and violation of the Pennsylvania Unfair Trade Practices and
Consumer Protection Law.
The Plaintiff further alleges an extremely broad class defined as
"all purchasers of the Defendants' trash removal and/or recycling
services during the applicable statute of limitations." This
includes customers in all states where the Defendants do business;
residential and commercial customers; customers with or without
contracts; past, present, and future customers during the pendency
of this litigation; and customers with any degree of alleged
damages, under any of the Plaintiff's legal theories.
A.J. Blosenski is a full service garbage disposal and recycling
company.[BN]
The Plaintiff is represented by:
Alan M. Feldman, Esq.
Zachary Arbitman, Esq.
Samuel Mukiibi, Esq.
FELDMAN SHEPHERD WOHLGELERNTER TANNER WEINSTOCK & DODIG,
LLP
1845 Walnut St., 21st Floor
Philadelphia, PA 19103
E-mail: afeldman@feldmanshepherd.com
zarbitman@feldmanshepherd.com
smukiibi@feldmanshepherd.com
- and -
Blair H. Granger, Esq.
THE GRANGER FIRM
1800 East Lancaster Avenue, Suite K
Paoli, PA 19301
Telephone: (610) 640-7500
Facsimile: (610) 640-7505
E-mail: granger@thegrangerfirm.com
The Defendants are represented by:
Edwin A.D. Schwartz, Esq.
James T. Clancy, Esq.
MCNEES WALLACE & NURICK LLC
100 Pine Street
Harrisburg, PA 17101 US
Telephone: (717) 237-5201
Facsimile: (717) 237-5300
E-mail: eschwartz@mcneeslaw.com
jclancy@mcneeslaw.com
- and -
Eric L. Klein, Esq.
Megan R. Brillault, Esq.
James B. Slaughter, Esq.
BEVERIDGE & DIAMOND, P.C.
1900 N Street, NW, Suite 100
Washington, DC 20036
Telephone: (202) 789-6000
Facsimile: (202) 789-6190
E-mail: eklein@bdlaw.com
mbrillault@bdlaw.com
jslaughter@bdlaw.com
ALLSTATE FIRE: Filing for Class Cert Bid Due April 15
-----------------------------------------------------
In the class action lawsuit captioned as JAMES SIMS, TERRIE SIMS,
NEAL COMEAU, LILIANA COMEAU, and JENIFER SIDDALL, individually and
on behalf of others similarly situated, v. ALLSTATE FIRE AND
CASUALTY INSURANCE COMPANY, ALLSTATE VEHICLE AND PROPERTY INSURANCE
COMPANY, and ALLSTATE INDEMNITY COMPANY, Case No.
5:22-cv-00580-JKP-HJB (W.D. Tex.), the Plaintiffs file an opposed
motion to compel depositions And for a sixty-day extension of the
phase I discovery and class certification motion deadlines:
-- Parties must initiate all discovery March 15, 2024
procedures in time to complete
Phase I discovery on or before:
-- Plaintiffs' motion for class April 15, 2024
certification must be filed on
or before:
-- Defendants' opposition to class May 17, 2024
certification must be filed on
or before:
-- Plaintiffs' reply, if any, in June 1, 2024
support of their motion for
class certification must be
filed on or before:
On September 22, 2023, the Plaintiffs served a multi-topic Rule
30(b)(6) notice of deposition of the Defendants, to be set at a
date and time mutually agreeable to counsel.
A copy of the Court's order dated Dec. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3Tv8NfK at no extra charge.[CC]
The Plaintiffs are represented by:
T. Joseph Snodgrass, Esq.
SNODGRASS LAW LLC
100 South 5th Street, Suite 800
Minneapolis, MN 55402
Telephone: (612) 448-2600
E-mail: jsnodgrass@snodgrass-law.com
- and -
Shaun W. Hodge, Esq.
THE HODGE LAW FIRM, PLLC
The Historic Runge House
1301 Market Street
Galveston, TX 77550
Telephone: (409) 762-5000
E-mail: shodge@hodgefirm.com
- and -
Erik D. Peterson, Esq.
ERIK PETERSON LAW OFFICES, PSC
110 W. Vine Street, Suite 300
Lexington, KY 40507
E-mail: erik@eplo.law
- and -
J. Brandon McWherter, Esq.
MCWHERTER SCOTT BOBBITT PLC
341 Cool Springs Blvd., Suite 230
Franklin, TN 37067
Telephone: (615) 354-1144
E-mail: brandon@msb.law
AMAZON.COM SERVICES: Harden Suit Removed to D. New Jersey
---------------------------------------------------------
The case captioned as James Harden, and others similarly situated
v. AMAZON.COM SERVICES, INC. (d/b/a AMAZON FULFILLMENT SERVICES,
INC.); and JOHN DOES 1-5 AND 6-10, Case No. MER-L-002146-23 was
removed from the Superior Court of New Jersey, Law Division, Mercer
County, to the U.S. District Court for the District of New Jersey
on Dec. 21, 2023, and assigned Case No. 1:23-cv-23297.
The Complaint contains five causes of action against Amazon, all
arising out of Plaintiff's alleged employment and termination of
employment. Specifically, Plaintiff alleges that Amazon failed to
accommodate his disability during his employment and discriminated
and retaliated against him on the basis of his disability and/or
perceived disability, including by terminating his employment, in
each case in violation of the New Jersey Law of Discrimination
("NJLAD").[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
AMAZON.COM: Fails to Pay Proper Wages, Arrivas-Arcaina Alleges
--------------------------------------------------------------
NIKO ARRIVAS-ARCAINA, individually and on behalf of all others
similarly situated, Plaintiff v. AMAZON.COM SERVICES LLC; and DOES
1 through 10, inclusive, Defendants, Case No. 2:23-cv-02961-TLN-DB
(E.D. Cal., Dec. 19, 2023) is an action against the Defendants for
failure to pay minimum wages, overtime compensation, authorize and
permit meal and rest periods, provide accurate wage statements, and
reimburse necessary business expenses.
Plaintiff Arrivas-Arcaina was employed by the Defendant as a
staff.
AMAZON.COM SERVICES LLC provides e-commerce services. The Company
retails books, diamond jewelry, electronics, appliances, apparels,
and accessories. [BN]
The Plaintiff is represented by:
Megan Cooney, Esq.
Katie M. Magallanes, Esq.
Nick Thomas, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Telephone: (949) 451-3800
Facsimile: (949) 451-4220
Email: MCooney@gibsondunn.com
KMagallanes@gibsondunn.com
ngthomas@gibsondunn.com
AMERICU CREDIT: Suit Seeks Initial Nod of Class Action Settlement
-----------------------------------------------------------------
In the class action lawsuit captioned as MALINDA FAIRCHILD-CATHEY,
RICHARD MUMFORD, and AARON FORJONE, on behalf of themselves and all
others similarly situated, v. AMERICU CREDIT UNION, Case No.
6:21-cv-01173-LEK-ML (N.D.N.Y.), the Plaintiffs ask the Court to
enter an order granting the motion and enter the proposed Order
granting preliminary approval of proposed class action settlement.
AmeriCU is an NGO that provides personal and business banking,
insurance and financial planning services.
A copy of the Plaintiff's motion dated Dec. 14, 2023 is available
from PacerMonitor.com at https://bit.ly/3NKZ4hQ at no extra
charge.[CC]
The Plaintiffs are represented by:
Jeffrey D. Kaliel, Esq.
Sophia Goren Gold, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, D.C. 20005
Telephone: (202) 350-4783
E-mail: jkaliel@kalielpllc.com
sgold@kalielgold.com
- and -
David M. Berger, Esq.
Tayler L. Walters, Esq.
Erin A. Barlow, Esq.
Shawn K. Judge, Esq.
Mark H. Troutman, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
E-mail: dmb@classlawgroup.com
tlw@classlawgroup.com
eab@classlawgroup.com
skj@classlawgroup.com
mht@classlawgroup.com
The Defendant is represented by:
Brian S. Gitnik, Esq.
James R. Branit, Esq.
Jason E. Hunter, Esq.
LITCHFIELD CAVO LLP
420 Lexington Avenue, Suite 2104
New York, NY 10170
Telephone: (212) 792-9772
E-mail: Gitnik@litchfieldcavo.com
branit@litchfieldcavo.com
hunter@litchfieldcavo.com
ANCIENT ORGANICS: Filing for Class Certification Bid Due June 14
----------------------------------------------------------------
In the class action lawsuit captioned as Effinger, et al., v.
Ancient Organics LLC, Case No. 3:22-cv-03596 (N.D. Cal., Filed by
June 17, 2022), the Hon. Judge Araceli Martinez-Olguin entered a
case management conference order as follows:
-- Initial Case Management Conference held on: Dec. 12, 2023
-- Case referred to private mediation to be April 10,
2024
completed by:
-- Parties to file a joint notice regarding Jan. 11, 2024
selection of mediator and mediation
schedule by:
-- Initial Disclosures due by: Dec. 11, 2023
-- Class Certification Close of Fact April 1, 2024
Discovery due by:
-- Class Certification Expert March 15,
2024
Disclosures due by:
-- Class Certification Expert April 30,
2024
Rebuttal due by:
-- Class Certification Close of Expert May 27, 2024
Discovery due by:
-- Class Certification Motion due by: June 14, 2024
-- Opposition due by: July 30, 2024
-- Reply due by: Aug. 23, 2024
-- Class Certification Motion Hearing Sept. Sept. 26, 2024
set for:
The nature of suit states Diversity-Fraud.
Ancient Organics seeks to restore the health of the body, mind and
earth through connecting communities with their local food systems.
[CC]
ARIZONA BEVERAGES: Parties Seek March 28 Class Cert Filing
----------------------------------------------------------
In the class action lawsuit captioned as MARCIA CAMPBELL,
individually, and on behalf of those similarly situated, v. ARIZONA
BEVERAGES USA LLC and HORNELL BREWING CO., INC., Case No.
3:22-cv-02752-RFL (N.D. Cal.), the Parties jointly and request that
the Court enter an order providing the following schedule:
Event Deadline
Class certification motion and Plaintiffs' March 28, 2024
class certification expert disclosures due
Deadline to complete depositions of April 28, 2024
Plaintiffs' class certification experts
Defendant's class certification opposition; May 30, 2024
class certification expert disclosures; and
Daubert motions concerning Plaintiffs class
certification experts due
Deadline to complete depositions of July 1, 2024
Defendants' class certification experts
Plaintiffs' class certification reply; July 15, 2024
opposition to Defendants' class certification
Daubed motions; and affirmative class
certification Daubert motions due
Defendants' Daubert reply and opposition to Aug. 14, 2024
Plaintiffs Daubert motions due
Plaintiffs' Daubert reply due Aug. 29, 2024
Arizona Beverages is a producer of many flavors of iced tea, juice
cocktails, and energy drinks.
A copy of the Parties' motion dated Dec. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3tnIBJy at no extra charge.[CC]
The Plaintiff is represented by:
John Ryan Gustafson, Esq.
GOOD GUSTAFSON AUMAIS LLP
2330 Westwood Blvd Suite 103
Los Angeles, CA 90064
Telephone: (310) 666-3034
The Defendants are represented by:
Robert P. Donovan, Esq.
STEVENS & LEE
669 River Drive, Suite 201
Elmwood Park, NJ 07407
Telephone: (201) 857-6778
Facsimile: (610) 371-7938
E-mail: robert.donovan@stevenslee.com
- and -
Jason H. Wilson, Esq.
Kirby Hsu, Esq.
WILLENKEN LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
Telephone: (213) 955-9240
Facsimile: (213) 955-9250
E-mail: jwilson@willenken.com
khsu@willenken.com
ARIZONA GIFTS LLC: Gonzalez Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Arizona Gifts, LLC.
The case is styled as Yanilza Gonzalez, on behalf of herself and
all others similarly situated v. Arizona Gifts, LLC, Case No.
1:23-cv-11099 (S.D.N.Y., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Arizona Gifts -- https://arizonagifts.com/ -- offers souvenirs,
gift baskets, southwest decor, glass cactus and other Arizona Gifts
at discount prices.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
ARROW DRILLERS: Lewis Suit Removed to E.D. California
-----------------------------------------------------
The case captioned as Dillon Lewis, individually, and on behalf of
all others similarly situated v. ARROW DRILLERS, INC., a California
corporation dba ARROW CONSTRUCTION; and DOES 1 through 10,
inclusive, Case No. 23CV008436 was removed from the State of
California in and for the County of Sacramento, Law Division,
Mercer County, to the U.S. District Court for the Eastern District
of California on Dec. 14, 2023, and assigned Case No.
2:23-cv-02927-DAD-JDP.
The Complaint alleges 8 purported causes of action for: Failure to
pay minimum wages for all hours worked as required by Labor Code;
Failure to pay overtime compensation as required by Labor Code;
Failure to provide meal periods as required by Labor Code and IWC
Wage Orders; Failure to provide rest periods as required by Labor
Code and IWC Wage Orders; Failure to indemnify necessary business
expenses as required by Labor Code; Failure to pay timely wages at
termination as required by Labor Code; Failure to provide accurate
itemized wage statements as required by Labor Code; and Unfair
Business Practices in violation of Business and Professions
Code.[BN]
The Defendants are represented by:
Brian D. Bertossa, Esq.
Daniel F.C. Kozieja, Esq.
COOK BROWN, LLP
2407 J Street, Second Floor
Sacramento, CA 95816
Phone: 916-442-3100
Fax: 916-442-4227
Email: bbertossa@cookbrown.com
dkozieja@cookbrown.com
AUTO SYSTEMS: Class Certification Bid Due April 22
--------------------------------------------------
In the class action lawsuit captioned as Stephens v. Auto Systems
Centers, Inc., Case No. 2:21-cv-05131 (S.D. Ohio, Filed Oct. 27,
2021), the Hon. Judge Chelsey M. Vascura entered an order granting
motion for extension of time.
-- Class Certification Motion due by: April 22, 2024
-- Discovery due by: March 25, 2024
-- Dispositive motions due by: April 22, 2024
The suit alleges violation of the Fair Labor Standards Act.
Auto Systems is an Employee-owned company (ESOP) and is also the
world's largest Midas Franchisee in the Midas chain.[CC]
B'LASTER LLC: Stefan Sues Over Unpaid Minimum and Overtime Wages
----------------------------------------------------------------
Janet Stefan, individually and on behalf of all others similarly
situated v. B'laster, LLC, Case No. 1:23-cv-02371 (N.D. Ohio, Dec.
13, 2023), is brought arising under the Fair Labor Standards Act
("FLSA"), Ohio Minimum Fair Wage Standards Act ("OMWFSA"), Ohio
Prompt Pay Act, and for the Defendant's failure to pay Plaintiff
and other similarly situated employees all earned minimum and
overtime wages.
Under the FLSA and OMWFSA, employers must pay all non-exempt
employees an overtime wage premium of pay one and one-half times
their regular rates of pay for all time they spend working in
excess of 40 hours in a given workweek. The Defendant failed to pay
Plaintiff, the Collective Members and the Class Members one and
one-half times their regular rate of pay for all time they spent
working in excess of 40 hours in a given workweek, says the
complaint.
The Plaintiff was employed by B'laster as a shipping coordinator
from January 17, 2022 through approximately October 11, 2023.
B'laster, among other things, produces and distributes lubricant
products.[BN]
The Plaintiff is represented by:
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin Street
Chagrin Falls, OH 44022
Phone: (216) 816-8696
Email: james@simonsayspay.com
BAE SYSTEMS: Plaintiffs' Ex Parte Application Partly OK'd
---------------------------------------------------------
In the class action lawsuit captioned as FEDERICO CABRALES and
TYCHICUS STANISLAS, individually and on behalf of others similarly
situated, v. BAE SYSTEMS SAN DIEGO SHIP REPAIR, INC., a California
corporation; and DOES 1 through 50, inclusive, Case No.
3:21-cv-02122-AJB-DDL (S.D. Cal.), the Hon. Judge Anthony J.
Battaglia entered an order granting in part and denying in part the
Plaintiffs' ex parte application.
Additionally, as asserted by the Defendant, the "Plaintiffs'
requested relief is moot in light of the Court's Class
Certification Order as BAE will no longer communicate with the now
certified class members."
A copy of the Court's order dated Dec. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/48sd4Vl at no extra charge.[CC]
BALARINI RESTAURANT: Sanchez Files ADA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Balarini Restaurant
Corp. The case is styled as Randy Sanchez, on behalf of himself and
all others similarly situated v. Balarini Restaurant Corp., Case
No. 1:23-cv-09430-EK-JAM (E.D.N.Y., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Balarini Restaurant Corp. (trade name Arno Restaurant) --
https://www.arnoristorante.com/ -- is in the Italian Restaurant
business and is NYC's Oldest Italian Restaurant in the Garment
District.[BN]
The Plaintiff is represented by:
Noor H. Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
BALLAJ: Faces Hernandez Suit Over Mislabeled Kratom Products
------------------------------------------------------------
CODY HERNANDEZ; and B.C., individually and on behalf of all others
similarly situated, Plaintiffs v. BALLAJ d/b/a KLARITY KRATOM,
Defendant, Case No. 2:23-at-01291 (E.D. Cal., Dec. 19, 2023) is an
action against the Defendant for false, misleading, deceptive, and
negligent sales practices regarding its kratom powder, capsule, and
liquid extract products.
According to the complaint, Kratom is a dried leaf that is sold as
a loose powder, packaged into capsules, or made into an extract.
However, what reasonable consumers do not know, and Defendant fails
to disclose, is that the "active ingredients" in kratom are similar
to opioids. That is, kratom works on the exact same opioid
receptors in the human brain as morphine and its analogs, has
similar effects as such, and critically, has the same risk of
physical addiction and dependency, with similar withdrawal
symptoms.
The Defendant has intentionally and negligently failed to disclose
these material facts anywhere on its labeling, packaging, or
marketing materials, and it has violated warranty law and state
consumer protection laws in the process, alleges the suit.
As a result of the Defendant's alleged omission, the Plaintiffs and
the members of the Classes paid for kratom Products they may not
have purchased, or paid more for those Products than they would
have had they known the truth about kratom.
BALLAJ d/b/a KLARITY KRATOM sells kratom products, in powder and
capsule forms. [BN]
The Plaintiff is represented by:
Neal J. Deckant, Esq.
Luke Sironski-White, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
lsironski@bursor.com
BECK ELECTRIC: McKean Sues Over Unpaid Minimum, Overtime Wages
--------------------------------------------------------------
Carson McKean, individually and on behalf of all others similarly
situated, Plaintiff v. Beck Electric, LLC, Defendant, Case No.
5:23-cv-02326-JPC (N.D. Ohio, Dec. 6, 2023) arises from the
Defendant's failure to pay Plaintiff and other similarly-situated
employees all earned minimum and overtime wages in violation of the
Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards Act,
and the Ohio Prompt Pay Act.
Under the FLSA and OMWFSA, employers must pay all non-exempt
employees an overtime wage premium of pay one and one-half times
their regular rates of pay for all time they spend working in
excess of 40 hours in a given workweek. Beck Electric failed to pay
Plaintiff, the Collective Members and the Class Members one and
one-half times their regular rate of pay for all time they spent
working in excess of 40 hours in a given workweek, says the suit.
The Plaintiff was employed by Beck Electric as an electrician from
approximately August 22, 2022 through approximately September 7,
2023.
Beck Electric, LLC provides residential electric maintenance,
installation, repair and services throughout Northeast Ohio.[BN]
The Plaintiff is represented by:
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin Street
Chagrin Falls, OH
Telephone: (216) 816-8696
E-mail: james@simonsayspay.com
BERGLUND MANAGEMENT: Fails to Prevent Data Breach, Shelton Says
---------------------------------------------------------------
KEVIN DWAYNE SHELTON, individually and on behalf of all others
similarly situated, Plaintiff v. BERGLUND MANAGEMENT GROUP, INC.,
Defendant, Case No. 7:23-cv-00806-RSB-CKM (W.D. Va., Dec. 13, 2023)
is a class action against Defendant for its failure to properly
secure and safeguard personal identifiable information of the
Plaintiff and the Class.
The Plaintiff alleges in the complaint that the Data Breach was a
direct result of Defendant's failure to implement adequate and
reasonable cyber-security procedures and protocols necessary to
protect its customers' PII from a foreseeable and preventable
cyber-attack.
As a result of the Data Breach, the Plaintiff and Class Members
have been exposed to a heightened and imminent risk of fraud and
identity theft. Plaintiff and Class Members must now and in the
future closely monitor their financial accounts to guard against
identity theft, says the suit.
BERGLUND MANAGEMENT GROUP, INC. is a Virginia-based company that
operates as a car dealership. [BN]
The Plaintiff is represented by:
Lee Adair Floyd, Esq.
Sarah G. Sauble, Esq.
BREIT BINIAZAN, PC
2100 E. Cary Street, Suite 310
Richmond, VA 23223
Telephone: (804) 351-9040
Facsimile: (757) 670-3939
Email: Lee@bbtrial.com
Sarah@bbtrial.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, LLC
5335 Wisconsin Avenue NW
Washington, D.C. 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
Email: dlietz@milberg.com
BLOOMIOS INC: Web Site Not Accessible to Blind, Bunting Says
------------------------------------------------------------
RASHETA BUNTING, individually and on behalf of all others
similkarly situated, Plaintiff v. BLOOMIOS, INC., Case No.
536303/2023 (N.Y., Sup., Kings Cty., Dec. 12, 2023) alleges that
the Defendant's Web site, www.cbdinfusionz.com, is not fully or
equally accessible to blind and visually-impaired consumers,
including the Plaintiff.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
BLOOMIOS, INC. develops medical technology for control of
therapeutic radiation doses. [BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
BOTTLING GROUP: Giacomo Sues Over Nonpayment of Overtime Wages
--------------------------------------------------------------
SCOTT GIACOMO, individually and for others similarly situated v.
BOTTLING GROUP, LLC d/b/a PEPSICO BEVERAGES COMPANY, Case No.
1:23-cv-10864 (S.D.N.Y., December 14, 2023) seeks to recover unpaid
wages and other damages from the PepsiCo for allegedly violating
the Fair Labor Standards Act and the Illinois Minimum Wage Law.
Plaintiff Giacomo has worked for PepsiCo as a service technician in
Illinois since approximately January 1987. Throughout his
employment, PepsiCo classified Giacomo as non-exempt and paid him
on an hourly basis. However, PepsiCo required Giacomo to perform
compensable work "off the clock" (without pay) before arriving to
his first assigned client and after leaving his last assigned
client. It also required them to complete mandatory vehicle
inspections "off the clock" before driving to their first assigned
client and after driving home (or to their designated PepsiCo
facility) from their last assigned client, says the Plaintiff.
Headquartered in Purchase, NY, PepsiCo is a Delaware limited
liability company that manufactures, markets, and distributes
beverage products in the United States. [BN]
The Plaintiff is represented by:
Brent E. Pelton, Esq.
111 Broadway, Suite1503
New York, NY 10006
Telephone: (212) 385-9700
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
BRIGHT EYE: Warlow Class Suit Seeks to Recover OT Pay Under FLSA
----------------------------------------------------------------
ADAM WARLOW, on behalf of himself and putative class of similarly
situated persons v. BRIGHT EYE SOLAR, LLC., and JAMES NODEN,
INDIVIDUALLY, Case No. 5:23-cv-04794 (E.D. Pa., Dec. 5, 2023) seeks
to recover overtime pay as required by the Fair Labor Standards Act
and for violations of the Pennsylvania Minimum Wage Act of 1968.
Mr. Warlow was required to drive to assigned locations in the
Defendants' company vehicle. He was often required to work 55 or
more hours in a workweek, inclusive of the time he spent driving to
assigned locations. The Defendants allegedly failed to include the
Plaintiff's driving time in his hours for purposes of calculating
overtime pay. Instead, the Defendants paid the Plaintiff his
regular hourly rate for any time he spent while driving to various
locations assigned by the Defendants, says the suit.
Defendant Noden mentioned to the Plaintiff that the Department of
Labor had conducted an investigation into the Defendants pay
practices. As a result of this investigation, Defendant Noden
stated to the Plaintiff that he considered restructuring its pay
structure, because overtime was being unpaid. However, Defendant
Noden never made any change, despite being specifically aware of
the FLSA's requirements, the suit added.
On or about December 2019, the Defendants initially hired Mr.
Warlow to work as a non-exempt solar panel installer. In the
following years, the Plaintiff was promoted and worked as a service
technician, lead trainer, and commercial electrician.
Bright Eye is a company providing residential and commercial solar
electric installation services.[BN]
The Plaintiff is represented by:
Angeli Murthy, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Road, Suite 4000
Plantation, FL 33324
Telephone: (954) 327-5369
Facsimile: (954) 327-3016
E-mail: amurthy@forthepeople.com
CALYX ENERGY: Class Action Settlement in Indianola Gets Initial Nod
-------------------------------------------------------------------
In the class action lawsuit captioned as Indianola Resources, LLC,
et al., on behalf of themselves and all others similarly situated,
v. Calyx Energy III, LLC, Case No. 6:21-cv-00235-GLJ (E.D. Okla.),
the Hon. Judge Gerald L. Jackson entered an order granting
preliminary approval of class action settlement, certifying the
class for settlement purposes, approving form and manner of notice,
and setting date for final fairness hearing.
The case is a class action lawsuit brought by the Plaintiffs
Indianola Resources, LLC and B and G, on behalf of themselves and
as representatives of a class of owners, against Calyx Energy III,
LLC, for the alleged failure to pay statutory interest on payments
made outside the time periods set forth in the Production Revenue
Standards Act (the "PRSA") for oil-and-gas production proceeds from
oil and gas wells in Oklahoma.
On November 30, 2023, the Parties executed a Stipulation and
Agreement of Settlement finalizing the terms of the Settlement.1
The Settlement Agreement, together with the documents referenced
therein and exhibits thereto, set forth the terms and conditions
for the proposed Settlement of the Litigation.
The certified Settlement Class is defined as follows:
"All non-excluded persons or entities who, during the Claim
Period:
(1) received late payments under the PRSA from Calyx (or
Calyx's
designee) for oil-and-gas proceeds from Oklahoma wells, or
whose proceeds were sent as unclaimed property to a
government
entity by Calyx; and
(2) whose proceeds did not include the statutory interest
required
by the PRSA.
Excluded from the Settlement Class are: (1) Calyx, its
affiliates,
predecessors, and employees, officers, and directors; (2)
agencies,
departments, or instrumentalities of the United States of
America
or the State of Oklahoma; and (3) Meadors Properties, LLC,
Longreach Energy Investments, LLC, Longreach Energy 2, LLC,
Lahoma
June Garrison, Teresa Garrison Platt, Richard C. Lerblance,
Cordell
Royalty Company LLC, CPC Royalties Inc., David Oscar Cordell,
KLM
Royalties Inc., Patricia A. Cordell Trust, Sara Buffington
Scott,
Susan Gough, and Thomas Cordell Scott, including any of the
affiliates of the foregoing.
Calyx Energy provides oil & gas exploration & horizontal drilling.
A copy of the Court's order dated Dec. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3NDR5De at no extra charge.[CC]
CARILLON TOWER/CHICAGO: Yao Suit Transferred to S.D. New York
-------------------------------------------------------------
The case captioned as Annabelle Yao, Lina Dou, Xiuqin Xing, Geli
Shi, Lihong Zhan, Emmy Go, Tingyang Shao, Shiyang Xiao, Yixuan Tao,
Yanming Wang, Ying Yao, on behalf of themselves and all others
similarly situated v. Carillon Tower/Chicago LP, Forefront EB-5
Fund (ICT) LLC, Tizi LLC doing business as: Local Government
Regional Center of Illinois, TD Bank N.A., Symmetry Property
Development II LLC, Jeffrey L. Laytin, Case No. 1:18-cv-07865 was
transferred from the U.S. District Court for the Northern District
of Illinois, to the U.S. District Court for the Southern District
of New York on Dec. 21, 2023.
The District Court Clerk assigned Case No. 1:23-cv-11060-JPO to the
proceeding.
The nature of suit is stated as Other Contract for Securities &
Exchange Commiss.
CARILLON TOWER/CHICAGO, L.P. was established on Mar 06 2014 as a
domestic limited partnership type.[BN]
The Plaintiffs are represented by:
Glen Joseph Dunn, Jr., Esq.
GLEN J. DUNN & ASSOCIATES
1 East Wacker Drive, Suite 2510
Chicago, IL 60601
Phone: (312) 546-5056
- and -
Angel Petrov Bakov, Esq.
BAKOV LAW, LTD.
1 East Wacker, Suite 2510
Chicago, IL 60601
Phone: (312) 880-1008
- and -
Douglas Eliot Litowitz, Esq.
413 Locust Place
Deerfield, IL 60015
Phone: (312) 622-2848
CARLISLE WIDE PLANK: Sanchez Files ADA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Carlisle Wide Plank
Floors, Inc. The case is styled as Randy Sanchez, on behalf of
himself and all others similarly situated v. Carlisle Wide Plank
Floors, Inc., Case No. 1:23-cv-09433 (E.D.N.Y., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Carlisle Wide Plank Floors -- https://wideplankflooring.com/ -- is
a consumer goods company offering hardwood flooring and reclaimed
flooring.[BN]
The Plaintiff is represented by:
Noor H. Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
CASTLEROCK FARMING: Bid to Substitute Atty. in Moreno Suit Denied
-----------------------------------------------------------------
The U.S. District Court for the Eastern District of California
issued an order denying without prejudice proposed substitution of
attorney in the lawsuit entitled MARIA G. MORENO, et al.,
Plaintiffs v. CASTLEROCK FARMING AND TRANSPORT, INC., et al.,
Defendants, Case No. 1:12-cv-00556-JLT-CDB (E.D. Cal.).
On April 10, 2012, the Plaintiffs filed a class action complaint
against Defendants Castlerock Farming and Transport, Inc., J.L.
Padilla & Sons Labor Service, Inc., Albert L. Good, and Melba Nunez
Contracting.
According to the operative complaint and other pleadings, Defendant
Melba Nunez Contracting (form unknown) is a business entity and
farm labor contractor. Defendant Melba Nunez Contracting owned,
controlled, or operated a business or establishment that employed
class members in this case.
Pending before the Court is the application of Defendant Melba
Nunez Contracting for substitution of attorney.
Although the Defendant purports to substitute "Itself (In pro per)"
in the place and stead of its current law firm (Raimondo Miller
ALC), the Court says an entity may appear only by an attorney. The
Court opines that unlicensed layerpersons, including the owners of
companies, officers of a corporation, partners of a partnership,
and members of association may not represent their entities "pro
se."
Here, it appears Defendant Melba Nunez Contracting's request, if
granted, would leave it without counsel and in violation of Local
Rule 183(a), the Court holds.
Accordingly, the Court rules that Defendant Melba Nunez
Contracting's application for substitution of attorney is denied
without prejudice.
A full-text copy of the Court's Order dated Dec. 11, 2023, is
available at http://tinyurl.com/3tnch9fkfrom PacerMonitor.com.
CENTURY SURETY: Builders Sues Over Insurance Claims Issues
----------------------------------------------------------
BUILDERS FIRSTSOURCE - SOUTHEAST GROUP, LLC, individually and on
behalf of all others similarly situated, Plaintiff v. CENTURY
SURETY COMPANY; and HARRIS & PRITCHARD CONTRACTING SERVICES, LLC,
Defendants, Case No. 2023-CP-1006038 (S.C. Cir., Charleston Cty.,
Dec. 13, 2023) alleges that the Century has wrongfully failed or
refused to accept Plaintiff's claims for defense and indemnity and
provide a full defense of the Plaintiff in the Underlying Action as
required by its policies.
According to the complaint, the Plaintiff has been required to
retain counsel at its own expense to defend the claims against it
in the underlying action and to prosecute indemnity claims against
its subcontractors, who actually provided the work and services at
issue in the Underlying Action.
By failing and refusing to defend the Plaintiff in the Underlying
Action, Century has breached its contract of insurance to provide
coverage to the Plaintiff as an additional insured, says the suit.
Century Surety Company operates as an insurance company.[BN]
The Plaintiff is represented by:
John C. Hayes, IV, Esq.
Nina E. Meola, Esq.
P.O. Box 22497
HAYES LAW FIRM, LLC
Charleston, SC 29413
Telephone: (843) 805-7003
Email: jhayes@hayeslaw.org
nmeola@hayeslaw.org
-and-
Ian O'Shea, Esq.
Brooklyn A. O'Shea, Esq.
O'SHEA LAW FIRM, LLC
1120 Folly Road
Charleston, SC 29412
Email: ian@oshealaw.com
brooklyn@oshealaw.com
CFLAB LLC: Faces Kub Suit Over Unauthorized Subscription Charges
----------------------------------------------------------------
ROBERT KUB, individually and on behalf of all others similarly
situated, Plaintiff v. CFLAB, LLC and DOES 1-10, Defendants, Case
No. 2:23-cv-10404 (C.D. Cal., December 12, 2023) is a class action
against the Defendants for violations of the Electronic Funds
Transfer Act.
The case arises from the Defendants' alleged illegal actions of
debiting the Plaintiff's and Class members' bank accounts on a
recurring basis without obtaining a written authorization signed or
similarly authenticated for preauthorized electronic fund transfers
from them. Many consumers report that they were enrolled and billed
for Defendant CF's Launch program, even though the consumers did
not submit a request to be enrolled. Additionally, many consumers
also complain that Defendant CF continued to bill them for the
Launch program after they cancelled their subscription. The
Defendants fail to provide clear and conspicuous disclosures
mandated by California law, resulting in unauthorized charges for
their renewing Launch program subscription, says the suit.
CFLAB, LLC is an online platform that is engaged in the business of
selling monthly subscription services, headquartered in Los
Angeles, California. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Matthew R. Snyder, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21031 Ventura Blvd., Suite 340
Woodland Hills, CA 91364
Telephone: (323) 306-4234
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
msnyder@toddflaw.com
CINEVERSE ENTERTAINMENT: Discloses Users' Video Habits, Tejon Says
------------------------------------------------------------------
ROGER TEJON, individually and on behalf of all others similarly
situated, Plaintiff v. CINEVERSE ENTERTAINMENT CORP., Defendant,
Case No. 1:23-cv-24684 (S.D. Fla., December 12, 2023) is a class
action against the Defendant for violation of the Video Privacy
Protection Act.
According to the complaint, the Defendant has disclosed to Meta
Platforms, Inc. (Facebook) information regarding the video viewing
habits of the visitors to its website, www.cineverse.com, without
consent. The Defendant embedded within its website a "Meta Pixel"
that was provided to it by Facebook. That pixel tracked the
Plaintiff's and the Class members' video viewing history while on
the Defendant's website and reported their viewing history to
Facebook along with their unique Facebook Identification numbers.
As a result, the Defendant violated the Plaintiff's and the Class
members' statutorily protected privacy rights, says the suit.
Cineverse Entertainment Corp. is a video tape service provider,
with its principal place of business in Los Angeles, California.
[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Ft. Lauderdale, FL 33301
- and -
Manuel Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Suite 1400
Fort Lauderdale, FL 33301
Telephone: (305) 336-7466
E-mail: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW. P.A.
515 E. las Olas Blvd., Ste. 120
Fort Lauderdale, FL 33301
Telephone: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
CLOWNS.COM INC: Fails to Pay Proper Wages, Angulo Alleges
---------------------------------------------------------
BRAYAN ANGULO; CAMERON PILLE; JANINA SALORIO; and XANDER BLACK,
individually and on behalf of all others similarly situated,
Plaintiffs v. CLOWNS.COM, INC.; ADOLPH RODRIGUEZ a/k/a George
Rodriguez a/k/a George Adolph Rodriguez a/k/a George Blackstone;
and ERICA BARBUTO, Defendants., Case No. 1:23-cv-10983 (S.D.N.Y.,
Dec. 19, 2023) seeks to recover from the Defendants unpaid wages
and overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
The Plaintiffs were employed by the Defendants as entertainers.
CLOWNS.COM, INC. is a kid entertainment company that provides
clowns for birthday parties. [BN]
The Plaintiffs are represented by:
Hugh Baran, Esq.
Patricia Kakalec, Esq.
KAKALEC LAW PLLC
80 Broad Street, Suite 703
New York, NY 10004
Telephone: (212) 705-8730
Email: Hugh@KakalecLaw.com
Patricia@KakalecLaw.com
COLONIAL LIFE: Class Cert Bid Filing in Seawell Due March 15
------------------------------------------------------------
In the class action lawsuit captioned as Seawell, et al., v.
Colonial Life & Accident Insurance Company, Case No. 1:22-cv-00278
(S.D. Ala., Filed July 15, 2022), the Hon. Judge Terry F. Moorer
entered an order granting the parties' joint motion to extend
certain deadlines in scheduling order:
1) The deadline for completion of Phase I Feb. 28,
2024
discovery is extended to:
2) The deadline for Plaintiffs to file March 15,
2024
their Motion for Class Certification
is:
3) The Defendant's response to the motion April 27,
2024
for class certification is due on or
before:
4) The Plaintiffs' reply to Defendant's May 17,
2024
5) The dispositive motion deadline is May 17,
2024
extended to:
6) Any response to a dispositive motion June 7,
2024
is due on or before:
7) Any reply brief is due on or before: June 26,
2024
The nature of suit states Contract – Insurance.
Colonial Life is an American insurance company based in Columbia,
South Carolina.[CC]
COMCAST CABLE: Brown Files Suit in S.D. Florida
-----------------------------------------------
A class action lawsuit has been filed against Comcast Cable
Communications LLC, et al. The case is styled as Curtis Brown, on
behalf of himself and all others similarly situated v. Comcast
Cable Communications LLC, Citrix Systems, Inc., Case No.
0:23-cv-62392-RS (S.D. Fla., Dec. 21, 2023).
The nature of suit is stated as Other Personal Property for
Property Damage.
Comcast Cable Communications, LLC, doing business as Xfinity --
http://www.xfinity.com/-- is an American telecommunications
business segment and division of Comcast Corporation used to market
consumer cable television, internet, telephone, and wireless
services provided by the company.[BN]
The Plaintiff is represented by:
Blake Hunter Yagman, Esq.
Israel David, Esq.
ISRAEL DAVID LLC
17 State Street, Suite 4010
New York, NY 10004
Phone: (212) 739-0622
Email: Israel.David@friedfrank.com
- and -
Mason Richard Wolfe, Esq.
Richard Charles Wolfe, Esq.
WOLFE LAW MIAMI P.A.
175 SW 7th Street Suite 2410
Miami, FL 33130
Phone: (305) 384-7370
Fax: (305) 384-7371
Email: rwolfe@wolfelawmiami.com
COMCAST CABLE: Nanez Files Suit in E.D. Pennsylvania
----------------------------------------------------
A class action lawsuit has been filed against Comcast Cable
Communications LLC, et al. The case is styled as Alyssia Nanez,
Centoria Gunther, individually and on behalf of all others
similarly situated v. Comcast Cable Communications LLC, Citrix
Systems, Inc., Case No. 2:23-cv-05092-CFK (S.D. Fla., Dec. 21,
2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
Comcast Cable Communications, LLC, doing business as Xfinity --
http://www.xfinity.com/-- is an American telecommunications
business segment and division of Comcast Corporation used to market
consumer cable television, internet, telephone, and wireless
services provided by the company.[BN]
The Plaintiffs are represented by:
James A Francis, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market St., Suite 2510
Philadelphia, PA 19103
Phone: (215) 735-8600
Fax: (215) 940-8000
Email: jfrancis@consumerlawfirm.com
CONIFER VALUE-BASED: Tang Suit Transferred to N.D. Texas
--------------------------------------------------------
The case captioned as William Tang, on behalf of himself and all
others similarly situated v. CONIFER VALUE-BASED CARE, LLC, CONIFER
HEALTH SOLUTIONS, LLC, CONIFER REVENUE CYCLE SOLUTIONS, LLC, and
TENET HEALTHCARE CORPORATION, Case No. 2:23-cv-10464-JFW-JC was
transferred from the U.S. District Court for the Northern District
of Texas, to the U.S. District Court for the Central District of
California on Dec. 14, 2023.
The District Court Clerk assigned Case No. 2:23-cv-10464 to the
proceeding.
The nature of suit is stated as Other Contract.
Conifer Health -- https://www.coniferhealth.com/ -- is a healthcare
services organization that drives patient, financial and
operational outcomes for providers and employers.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: 214-744-3000
Facsimile: 214-744-3015
Email: jkendall@kendalllawgroup.com
- and –
Melissa R. Emert, Esq.
Gary S. Graifman, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C.
135 Chestnut Ridge Road, Suite 200
Montvale, NJ 07645
Phone: (201) 391-7000
Fax: (201) 307-1086
Email: memert@kgglaw.com
ggraifman@kgglaw.com
- and –
M. Anderson Berry, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORPORATION
865 Howe Ave
Sacramento, CA 95825
Phone: (916) 239-4778
Facsimile: (916) 924-1829
Email: aberry@justice4you.com
COSTCO WHOLESALE: Dimas Labor Suit Stayed
-----------------------------------------
Costco Wholesale Corporation disclosed in its Form 10-Q report for
the quarterly period ended November 26, 2023, filed with the
Securities and Exchange Commission on December 19, 2023, that in
July 2021, a former temporary staffing employee filed a class
action against the company and a staffing company, alleging
violations of the California Labor Code regarding payment of wages,
meal and rest periods, wage statements, the timeliness of wages and
final wages, and for unfair business practices.
Case was captioned "Dimas v. Costco Wholesale Corp.," Case No.
STK-CV-UOE-2021-0006024, San Joaquin Superior Court. The company
has moved to compel arbitration of the plaintiff's individual
claims and to dismiss the class action complaint. On September 7,
2021, the same plaintiff filed a separate representative action
under the California Private Attorneys General Act, asserting the
same Labor Code violations and seeking civil penalties and
attorneys' fees. The case has been stayed pending arbitration of
the plaintiff's individual claims.
Costco Wholesale Corporation and its subsidiaries is principally
engaged in the operation of membership warehouses in the United
States and Puerto Rico, Canada, Mexico, Japan, the United Kingdom
(U.K.), Korea, Australia, Taiwan, China, Spain, France, Iceland,
New Zealand and Sweden. Costco operated 861, 838, and 815
warehouses worldwide at September 3, 2023, August 28, 2022, and
August 29, 2021.
COSTCO WHOLESALE: Faces Clower Labor Suit in California Court
-------------------------------------------------------------
Costco Wholesale Corporation disclosed in its Form 10-Q report for
the quarterly period ended November 26, 2023, filed with the
Securities and Exchange Commission on December 19, 2023, that in
September 2023, a former employee filed a class action against the
company alleging claims under California law for failure to pay
minimum wage, to pay overtime, to provide meal and rest periods, to
provide accurate wage statements, to timely pay final wages, to
reimburse employee expenses, and for unfair business practices.
The case is captioned "Jordan Clower v. Costco Wholesale
Corporation," Case No. 1:23-cv-01621. The company has filed a
motion to dismiss.
Costco Wholesale Corporation and its subsidiaries is principally
engaged in the operation of membership warehouses in the United
States and Puerto Rico, Canada, Mexico, Japan, the United Kingdom
(U.K.), Korea, Australia, Taiwan, China, Spain, France, Iceland,
New Zealand and Sweden. Costco operated 861, 838, and 815
warehouses worldwide at September 3, 2023, August 28, 2022, and
August 29, 2021.
COSTCO WHOLESALE: Faces Murillo Labor Suit in California Court
--------------------------------------------------------------
Costco Wholesale Corporation disclosed in its Form 10-Q report for
the quarterly period ended November 26, 2023, filed with the
Securities and Exchange Commission on December 19, 2023, that in
August 2023, a former employee of a third-party staffing company
filed a letter with the California Labor and Workforce Development
Agency threatening claims under the California Private Attorneys
General Act for alleged Labor Code violations consisting of minimum
wage and overtime violations, meal and rest period violations, wage
statement violations and failure to pay all wages at termination.
The case is captioned "Yesenia Murillo v. Real Time Staffing
Services, LLC and Costco Wholesale Corporation." The company was
named as an alleged joint employer. A complaint has not yet been
filed.
Costco Wholesale Corporation and its subsidiaries is principally
engaged in the operation of membership warehouses in the United
States and Puerto Rico, Canada, Mexico, Japan, the United Kingdom
(U.K.), Korea, Australia, Taiwan, China, Spain, France, Iceland,
New Zealand and Sweden. Costco operated 861, 838, and 815
warehouses worldwide at September 3, 2023, August 28, 2022, and
August 29, 2021.
COSTCO WHOLESALE: Faces Reyes Labor Suit in California Court
------------------------------------------------------------
Costco Wholesale Corporation disclosed in its Form 10-Q report for
the quarterly period ended November 26, 2023, filed with the
Securities and Exchange Commission on December 19, 2023, that in
November 2023, a former employee filed a class action against the
company alleging claims under California law for failure to pay
minimum wage, failure to pay overtime, failure to provide meal and
rest breaks, failure to provide accurate wage statements, failure
to reimburse expenses, failure to pay wages when due, and failure
to pay sick pay.
The case is captioned "Martin Reyes v. Costco Wholesale
Corporation," Sacramento County Superior Court, Case No.
23cv011351. The company has not yet responded to the complaint.
Costco Wholesale Corporation and its subsidiaries is principally
engaged in the operation of membership warehouses in the United
States and Puerto Rico, Canada, Mexico, Japan, the United Kingdom
(U.K.), Korea, Australia, Taiwan, China, Spain, France, Iceland,
New Zealand and Sweden. Costco operated 861, 838, and 815
warehouses worldwide at September 3, 2023, August 28, 2022, and
August 29, 2021.
COUNTRY LIFE LLC: Zelvin Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Country Life, LLC.
The case is styled as Lynn Zelvin, on behalf of himself and all
others similarly situated v. Country Life, LLC, Case No.
1:23-cv-11071 (S.D.N.Y., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Country Life, LLC -- https://www.countrylifevitamins.com/ --
manufactures vitamins, supplements, and sports nutrition products.
The Company offers amino acids, fish oils, realfood organics, and
specialty supplements.[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
CRAZY BUFFET: Fails to Pay OT Premiums, De la Cruz et al. Claim
---------------------------------------------------------------
ERNESTO DE LA CRUZ, ABRAHAM GONZALEZ, GEOVANNY RODRIGUEZ, EMMANUEL
GARCIA VEGA, DAVID CASTILLO, and MANUEL MARTINEZ, on behalf of
themselves and all others similarly situated, Plaintiffs v. CRAZY
BUFFET 88, INC. D/B/A CRAZY INTERNATIONAL BUFFET AND WEN BIN HUANG,
Defendants, Case No. 7:23-cv-00437 (S.D. Tex., December 13, 2023)
alleges violations of the Fair Labor Standards Act.
The Plaintiffs worked at Defendants' restaurant as cooks/kitchen
workers from December 3, 2021 to December 3, 2023, and their duties
included food preparation work, cooking, cleaning the kitchen and
other duties as assigned by the restaurant owners/management staff.
They routinely worked in excess of 40 hours in a workweek for
Defendants. However, they never received any overtime premium for
the excess hours, says the suit.
Crazy Buffet 88, Inc. own and operate a restaurant at 400 W. Nolana
Ave., Ste. V, McAllen, Hidalgo County, Texas 78504 known as "Crazy
International Buffet." [BN]
The Plaintiffs are represented by:
Manuel Guerra, III, Esq.
GUERRA LAW FIRM
320 Pecan Blvd.
McAllen, TX 78501
Telephone: (956) 618-2557
Facsimile: (956) 618-1690
E-mail: manuel@guerralawfirm.net
litigation@guerralawfirm.net
CVS HEALTH: Faces Ruffin Suit Over Contaminated Eyedrop Products
----------------------------------------------------------------
DEBORAH RUFFIN, Individually and on Behalf of all Others Similarly
Situated v. CVS Health Corp., Case No. 7:23-cv-01660-BO (E.D.N.C.,
Dec. 5, 2023) alleges that the Defendant is engaged in the
development, manufacture, marketing, packaging, labeling, sale, and
distribution of over-the-counter lubricating eyedrop products and
multi-action relief eye drops in a defective and unreasonably
dangerous condition to consumers.
The Products are designed to lubricate the user's eyes by relieving
dryness and complications. The Products are designed to be sterile
and safe for use in the human eye. However, the Products are not
safe and are dangerous to use because they have been contaminated
with bacteria that, when put into a person's eye, can cause
potential risk of eye infections that could result in partial
vision loss or blindness, the Plaintiff contends.
On October 4, 2023, the Plaintiff had eye surgery to tighten up the
muscles in her eyelid. To help give her relief after the surgery,
the Plaintiff purchased CVS Health Lubricant Eye Drops 10 ml
(single pack) (Propylene Glycol Eye Drops 0.6%) from her local CVS
Pharmacy located in Carolina Beach, North Carolina. The Defendant
failed to test the Product properly and adequately for the presence
of bacteria before distributing it, the Plaintiff claims. As a
result of the Defendant's actions and omissions, the Plaintiff has
been denied her benefit of the bargain by being provided a product
that is unsafe and dangerous to use in its intended manner, says
the suit.
The Plaintiff brings this action because of the Defendant's
negligence, unjust enrichment, manufacturing defect, design defect,
breach of contract, and breaches of North Carolina consumer
protection statutes.
The Plaintiff purchased the Defendant's Lubricant Eye Drops 10 ml
(single pack) (Propylene Glycol Eye Drops 0.6%) product expecting
safe and useable relief for her eye after going through eye
surgery.
The Defendant is a Rhode Island health solutions company that owns
CVS Pharmacy, a retail pharmacy chain; CVS Caremark, a pharmacy
benefits manager; and Aetna, a health insurance provider, among
many other brands.[BN]
The Plaintiff is represented by:
Blake G. Abbott, Esq.
POULIN | WILLEY | ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
Facsimile: (843) 494-5536
E-mail: Blake.abbott@poulinwilley.com
DERMTECH INC: Quarford Sues Over 44.7% Drop in Share Price
----------------------------------------------------------
ELENA C. QUARFORD, individually and on behalf of all others
similarly situated, Plaintiff v. DERMTECH, INC., JOHN DOBAK, and
KEVIN SUN, Defendants, Case No. 3:23-cv-02221-JES-DDL (S.D. Cal.,
Dec. 5, 2023) is a class action on behalf of the Plaintiff and
other persons and entities that purchased or otherwise acquired
DermTech securities between March 8, 2021 and November 3, 2022,
inclusive, pursuing claims against the Defendants under the
Securities Exchange Act of 1934.
DermTech is a molecular diagnostic company that develops and
markets non-invasive genomics tests to aid the diagnosis and
management of skin cancer, inflammatory skin diseases, and
aging-related skin conditions. The DermTech Melanoma Test (DMT),
formerly known as the Pigmented Lesion Assay test, is the Company's
commercial test offered to assess pigmented skin lesions for
melanoma.
According to the complaint, throughout the Class Period, the
Defendants made materially false and/or misleading statements, as
well as failed to disclose material adverse facts about the
Company's business, operations, and prospects. Specifically,
Defendants failed to disclose to investors that: (i) increased
adoption momentum for DMT was likely to result in payor tactics to
impede that momentum and/or more limited commercial payor coverage
for DMT; (ii) accordingly, the Company experienced challenges with
collections from commercial payors; (iii) as a result, there was a
lower average selling price for DMT; (iv) as a result of the
foregoing, the Company's revenue growth would be adversely
impacted; (v) accordingly, Defendants overstated the strength
and/or effectiveness of the Company's strategy for securing broad
reimbursement coverage for its assays; and (vi) as a result of the
foregoing, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis, says the suit.
On this news, DermTech's stock price fell $1.34 per share, or
44.7%, to close at $1.66 per share on November 4, 2022, on
unusually heavy trading volume.
As a result of Defendants' alleged wrongful acts and omissions, and
the precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
DETROIT PIZZA: Faces Georges Wage-and-Hour Suit in S.D.N.Y.
-----------------------------------------------------------
MARVIN GEORGES and JEREL POOL, on behalf of themselves and all
others similarly situated, Plaintiffs v. DETROIT PIZZA NYC LLC,
DETROIT PIZZA VENTURES LLC, DETROIT PIZZA LLC, DETROIT PIZZA EAST
LLC, and SCOTT STEVEN GREGERSON, Defendants, Case No. 1:23-cv-11164
(S.D.N.Y., December 22, 2023) is a class action against the
Defendants for violations of the Fair Labor Standards Act, the New
York Labor Law, and the New York City Fair Workweek Law including
failure to pay agreed upon wages, failure to pay overtime wages,
tip misappropriation, failure to provide wage notice, failure to
provide accurate wage statements, failure to provide written good
faith estimates, failure to provide advance notice of work
schedules, failure to obtain written consent for additional hours,
failure to provide schedule change premiums, failure to obtain
written consent and provide premium pay for clopenings, failure to
offer newly available shifts to existing employees, and
retaliation.
Plaintiffs Georges and Pool were employed by the Defendants as fast
food workers at Jet's Pizza in New York, New York from August 15,
2023 until November 15, 2023 and from August 13, 2023 until October
6, 2023, respectively.
Detroit Pizza NYC LLC is an operator of a Jet's Pizza restaurant
located at 120 9th Avenue, New York, New York.
Detroit Pizza Ventures LLC is an operator of a Jet's Pizza
restaurant located at 19 N. Seebert Street, Cary, Illinois.
Detroit Pizza LLC is an operator of a Jet's Pizza restaurant
located at 120 9th Avenue, New York, New York.
Detroit Pizza East LLC is an operator of a Jet's Pizza restaurant
located at 120 9th Avenue, New York, New York. [BN]
The Plaintiffs are represented by:
Brian S. Schaffer, Esq.
Dana M. Cimera, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
DEVANSH LAB WERKS: Taylor Sues Over Unpaid Overtime Wages
---------------------------------------------------------
Marion Taylor, on behalf of themselves and all others similarly
situated v. DEVANSH LAB WERKS, INC., Case No. 3:23-cv-02760-N (N.D.
Tex., Dec. 14, 2023), is brought under Fair Labor Standards Act
("FLSA") as a result of the Defendants unpaid overtime wages.
To achieve its humanitarian goals, the FLSA establishes standards
of minimum wages and "limits to 40 a week the number of hours that
an employer may employ any of her employees subject to the Act,
unless the employee receives compensation for her employment in
excess of 40 hours at a rate not less than one and one-half times
the regular rate at which he is employed." The Defendant failed to
pay Plaintiff in accordance with the Fair Labor Standards Act.
Specifically, Plaintiff was not paid time-and-one-half of her
regular rate of pay for all hours worked in excess of 40 hours per
workweek, says the complaint.
The Plaintiff was a mobile phlebotomist employee of Defendant.
Devansh Lab Werks, Inc. is a corporation formed under the laws of
the
state of Alabama.[BN]
The Plaintiff is represented by:
Katherine Serrano, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Phone: (214) 210-2100
Email: kserrano@foresterhaynie.com
DIET CENTER WORLDWIDE: Zelvin Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Diet Center
Worldwide, Inc. The case is styled as Lynn Zelvin, on behalf of
himself and all others similarly situated v. Diet Center Worldwide,
Inc., Case No. 1:23-cv-11072 (S.D.N.Y., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Diet Center -- https://www.dietcenter.com/ -- is the industry
leader in weight management.[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
DOUBLE S. CHILI: Swallows Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Ellaina Swallows, on behalf of herself and all other persons
similarly situated, known and unknown v. Double S Chili, Inc., Case
No. 3:23-cv-00373-MJN-PBS (S.D. Ohio, Dec. 14, 2023), is brought
arising under the Fair Labor Standards Act ("FLSA") for Defendant's
failure to pay Plaintiff and other similarly-situated employees all
earned minimum and overtime wages.
The Defendant violated the FLSA and Ohio law by enforcing a policy
or practice of paying Plaintiff, the Collective Members and the
Class Members sub-minimum, tip-credit wages even when it required
those employees to perform non-tipped work that is unrelated to
their tipped occupation (i.e., "dual jobs"). The Defendant violated
the FLSA and Ohio law by enforcing a policy and practice of paying
Plaintiff, the Collective Members and the Class Members
sub-minimum, tip-credit wages while requiring those employees to
perform work that does not provide service to customers for which
tipped employees receive tips and does directly support
tip-producing work, says the complaint.
The Plaintiff was employed as a server at Defendant's Skyline Chili
restaurant.
The Defendant owns and operates a chain of franchised Skyline Chili
restaurants.[BN]
The Plaintiff is represented by:
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin Street
Chagrin Falls, Ohio 44022
Phone: (216) 816-8696
Email: james@simonsayspay.com
DOUBLETREE EMPLOYER: Huerta PAGA Suit Removed to C.D. California
----------------------------------------------------------------
The case styled KARLA SILVA HUERTA, individually and on behalf of
all others similarly situated v. DOUBLETREE EMPLOYER LLC and CURIO
EMPLOYER LLC, Case No. 30-2023-01351270-CU-OE-CXC, was removed from
the Circuit Court for the Superior Court of the State of California
for the County of Orange to the U.S. District Court for the Central
District of California on December 21, 2023.
The Clerk of Court for the Central District of California assigned
Case No. 8:23-cv-02433 to the proceeding.
The case arises from the Defendants' violations of the Private
Attorneys General Act including: (a) failure to pay all hours
worked, including overtime hours worked; (b) failure to provide
meal and rest periods and failure to make premium payments for
missed meal and rest breaks; (c) failure to provide accurate wage
statements; (d) failure to pay timely wages; (e) failure to timely
pay all wages owed upon separation of employment; (f) failure to
reimburse necessary business expenses; (g) failure to provide
suitable seating; (h) failure to pay vested vacation at
termination; and (i) failure to properly distribute gratuities.
Doubletree Employer LLC is a limited liability company doing
business in California.
Curio Employer LLC is a limited liability company doing business in
California. [BN]
The Defendants are represented by:
Kelsey A. Israel-Trummel, Esq.
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: (415) 626-3939
Facsimile: (415) 875-5700
E-mail: kitrummel@jonesday.com
- and -
Amanda Molinari, Esq.
JONES DAY
555 South Flower Street, Fiftieth Floor
Los Angeles, CA 90071
Telephone: (213) 489-3939
Facsimile: (213) 243-2539
- and -
Connie L. Chen, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
E-mail: Connie.Chen@jacksonlewis.com
- and -
Arcelia N. Magaña, Esq.
William A. Llamas, Esq.
JACKSON LEWIS P.C.
225 Broadway, Suite 1800
San Diego, CA 92101
Telephone: (619) 573-4900
Facsimile: (619) 573-4901
E-mail: areclia.magana@jacksonlewis.com
william.llamas@jacksonlewis.com
DRIVE NEW: Court Terminates Bid to Certify Class in Petri Suit
--------------------------------------------------------------
In the class action lawsuit captioned as PETRI et al v. DRIVE NEW
JERSEY INSURANCE COMPANY et al., Case No. 1:21-cv-20510 (D.N.J.,
Filed Dec. 15, 2021), the Hon. Judge Christine P. O'Hearn entered
an order on motion to certify class order on motion for extension
of time to file.
The motion to certify class is administratively terminated until
the Defendants' motion for leave to file an amended answer and
defenses to the Plaintiffs' First Amended Complaint and Assert a
Counterclaim Against Plaintiff Green is decided.
Thus, the Motion to Extend is denied as moot. It is further ordered
that upon a decision on the Motion for Leave to Amend, the parties
shall meet and confer with the Magistrate Judge to discuss the
timing of the re-filing of the Motion to Certify Class.
The nature of suit states Contract Diversity-Breach of Contract.
Drive New Jersey offers property and casualty insurance
products.[CC]
DRIVEN BRANDS: Genesee County Sues Over 41% Drop of Stock Price
---------------------------------------------------------------
GENESEE COUNTY EMPLOYEES' RETIREMENT SYSTEM, on behalf of itself
and all others similarly situated, Plaintiff v. DRIVEN BRANDS
HOLDINGS INC., JONATHAN G. FITZPATRICK, and TIFFANY L. MASON,
Defendants, Case No. 3:23-cv-00895 (W.D.N.C., December 22, 2023) is
a class action against the Defendants for violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule
10b-5 promulgated thereunder.
According to the complaint, the Defendants made materially false
and misleading statements regarding Driven's performance and
operations in order to trade Driven common stock at artificially
inflated prices between October 27, 2021, and August 1, 2023.
Specifically, the Defendants' misrepresentations and omissions
include (i) statements concerning Driven's ability to efficiently
and effectively integrate a high volume of acquired businesses,
including statements related to the status of integrating its U.S.
auto glass businesses; and (ii) statements concerning the
performance and competitive position of Driven's car wash business
segment. These and similar statements made throughout the Class
Period were false. In truth, Driven was several quarters behind on
integrating its auto glass businesses, and the company's car wash
business was faltering and more exposed to a decline in demand from
retail customers than it represented to investors. As a result, the
company's statements concerning its business and prospects,
including its fiscal year 2023 financial guidance, lacked a
reasonable basis.
When the truth emerged, the price of Driven common stock declined
by $10.63 per share, or 41 percent.
As a result of the Defendants' wrongful acts and omissions, which
caused the precipitous decline in the market value of the company's
common stock, the Plaintiff and other Class members have suffered
significant damages.
Genesee County Employees' Retirement System is a multi-employer
defined benefit plan that provides retirement and survivor benefits
for employees of Genesee County, Michigan.
Driven Brands Holdings Inc. is an automotive services company, with
its headquarters at 440 South Church Street, Suite 700, Charlotte,
North Carolina. [BN]
The Plaintiff is represented by:
William R. Terpening, Esq.
TERPENING LAW PLLC
221 West 11th Street
Charlotte, NC 28202
Telephone: (980) 265-1700
Facsimile: (980) 265-1729
E-mail: terpening@terpeninglaw.com
- and -
Hannah Ross, Esq.
Avi Josefson, Esq.
Scott R. Foglietta, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: hannah@blbglaw.com
avi@blbglaw.com
scott.foglietta@blbglaw.com
- and -
Thomas C. Michaud, Esq.
Francis E. Judd, Esq.
VANOVERBEKE MICHAUD & TIMMONY, P.C.
79 Alfred Street
Detroit, MI
Telephone: (313) 578-1200
Facsimile: (313) 578-1201
E-mail: tmichaud@vmtlaw.com
fjudd@vmtlaw.com
ECP-PF CT OPERATIONS: Fails to Pay Proper Wages, Oldacre Says
-------------------------------------------------------------
CHRISTOPHER OLDACRE, individually and on behalf of all others
similarly situated, Plaintiff v. ECP-PF CT OPERATIONS INC.,
Defendant, Case No. 620294/2023 (N.Y., Sup., Dec. 14, 2023) alleges
that the Defendant is paying its manual workers every other week
rather than on a weekly basis.
Plaintiff Oldacre was employed by the Defendant as a staff.
ECP-PF CT OPERATIONS INC. owns and operates a chain of Planet
Fitness in Orange, Connecticut. [BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
Alec M. Leslie, Esq.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-Mail: ykopel@bursor.com
aleslie@bursor.com
ELITE LINE: Court Modifies Briefing Schedule in Shaw Class Suit
---------------------------------------------------------------
In the class action lawsuit captioned as Shaw v. Elite Line
Services, Inc. et al., Case No. 1:21-cv-01084 (E.D. Cal., Filed
July 12, 2021), the Court entered an order modifying briefing
schedule on the motion for class certification will govern the
filing of oppositions and replies.
In order to conserve judicial resources, the pending motion to
certify class action is referred to the assigned Magistrate Judge
for the preparation of findings and recommendations and/or other
appropriate action.
The nature of suit states Civil Rights – Employment.
Elite is an aviation company specializing in airport facility
equipment operation and maintenance services.[CC]
EMPLOYMENT ADVOCATES: Fails to Pay Proper Wages, Azpeitia Says
--------------------------------------------------------------
KAYLA AZPEITIA, individually and on behalf of all others similarly
situated, Plaintiff v. EMPLOYMENT ADVOCATES GROUP LLC, Defendant,
Case No. 1:23-cv-01742 (E.D. Va., Dec. 19, 2023) is an action
against the Defendant for unpaid minimum wages and regular hourly
wages in violation of the Fair Labor Standards Act.
Plaintiff Azpeitia was employed by the Defendant as a vocational
counselor.
EMPLOYMENT ADVOCATES GROUP LLC provides individual supported
employment services across the state of Virginia. The Company
assists in choosing, acquiring, and maintaining employment for
individuals with disabilities. [BN]
The Plaintiff is represented by:
Matthew T. Sutter, Esq.,
SUTTER & TERPAK, PLLC
7540 Little River Turnpike, Suite A
Annandale, VA 22003
Telephone: (703) 256-1800
Facsimile: (703) 991-6116
Email: matt@sutterandterpak.com
- and -
Timothy Coffield, Esq.
Coffield PLC
106-F Melbourne Park Circle
Charlottesville, VA 22901
Telephone: (434) 218-3133
Facsimile: (434) 321-1636
Email: tc@coffieldlaw.com
ERIGERE RAPIDUS: Davis Sues Over Unpaid Overtime Wages
------------------------------------------------------
Barry W. Davis, Jr., individually and on behalf of others similarly
situated v. ERIGERE RAPIDUS SOLUTIONS ERS, INC., Case No.
1:23-cv-23279 (D.N.J., Dec. 21, 2023), is brought against Defendant
for unpaid overtime, liquidated damages, attorney fees, costs and
other relief for violations of the Fair Labor Standards Act
("FLSA"), the Pennsylvania Minimum Wage Act of 1968 ("PMWA"),
and/or the Pennsylvania Wage Payment and Collection Law ("PWPCL"),
and the New Jersey Wage and Hour Law ("NJWHL") and the New Jersey
Wage Theft Act ("NJWTA").
The Defendant has suffered and permitted Plaintiff, the Rule 23
Classes and the FLSA Collective to regularly work more than 40
hours in a workweek. the Plaintiff regularly worked in excess of 40
hours per week and was paid straight time only for all hours
worked. The Defendant has also suffered and permitted the FLSA
Collective and the Rule 23 Classes to regularly work more than 40
hours in a workweek without overtime pay. The Plaintiff, the FLSA
Collective and the Rule 23 Classes were not compensated in
accordance with the FLSA and/or the PMWA and PWPCL and the NJWHL
and/or NJWTA because they were not paid proper overtime wages for
all hours worked in excess of 40 hours per workweek. Specifically,
rather than paying them 1.5 times their regular rate of pay for all
hours worked over 40 in a workweek, which is required by the FLSA,
PMWA and PWPCL and the NJWHL and/or NJWTA, Defendant's companywide
policy and procedure was to pay straight time only for all hours
worked, says the complaint.
The Plaintiff was employed by Defendant from May 2020 to June 2023
as a security guard.
The Defendant provides "professional security and investigative
products to the private sector."[BN]
The Plaintiff is represented by:
Ravi Sattiraju, Esq.
50 Millstone Road
Building 300, Suite 202
East Windsor, New Jersey 08520
Phone: (609) 469-2110
Facsimile: (609) 228-5649
Email: rsattiraju@s-tlawfirm.com
- and -
Philip Bohrer, Esq.
Scott E. Brady, Esq.
BOHRER BRADY, LLC
8712 Jefferson Highway, Suite B
Baton Rouge, Louisiana 70809
Phone: (225) 925-5297
Facsimile: (225) 231-7000
Email: phil@bohrerbrady.com
scott@bohrerbrady.com
- and -
Kevin I. Lovitz, Esq.
LOVITZ LAW FIRM
One Liberty Place
1650 Market Street; 36th Floor
Philadelphia, PA 19103
Phone: (215) 735-1996
Facsimile: (267) 319-7943
Email: kevin@lovitzlaw.com
ESO SOLUTIONS INC: Claybo Files Suit in W.D. Texas
--------------------------------------------------
A class action lawsuit has been filed against ESO Solutions, Inc.
The case is styled as Larry Claybo, individually and on behalf of
all others similarly situated v. ESO Solutions, Inc., Case No.
1:23-cv-01560 (W.D. Tex., Dec. 21, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
ESO Solutions, Inc. -- https://www.eso.com/ -- develops electronic
patient care software. The Company provides reporting, management,
clinical, and operational functions, as well as software
products.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
ESO SOLUTIONS INC: Jones Files Suit in W.D. Texas
-------------------------------------------------
A class action lawsuit has been filed against ESO Solutions, Inc.
The case is styled as Essie Jones f/k/a Essie McVay, individually
and on behalf of all others similarly situated v. ESO Solutions,
Inc., Case No. 1:23-cv-01557 (W.D. Tex., Dec. 21, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
ESO Solutions, Inc. -- https://www.eso.com/ -- develops electronic
patient care software. The Company provides reporting, management,
clinical, and operational functions, as well as software
products.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
EZCONTACTS.COM LLC: Zelvin Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Ezcontacts.com, LLC.
The case is styled as Lynn Zelvin, on behalf of himself and all
others similarly situated v. Ezcontacts.com, LLC, Case No.
1:23-cv-11073 (S.D.N.Y., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
EzContacts -- https://www.ezcontacts.com/ -- is the leading online
eyewear retailer of contact lenses, prescription eyewear, and
designer sunglasses.[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
FAMOUS GROUP: Fails to Pay Proper Wages, Araujo Alleges
-------------------------------------------------------
MICHAEL ARAUJO, individually and on behalf of all others similarly
situated, Plaintiff v. THE FAMOUS GROUP, LLC d/b/a FAMOUS
AUTOMOTIVE & TIRE CENTER, Defendant, Case No. 3:23-cv-01458 (M.D.
Fla., Dec. 13, 2023) seeks to recover from the Defendant unpaid
wages and overtime compensation, interest, liquidated damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
Plaintiff Araujo was employed by the Defendant as a mechanic.
THE FAMOUS GROUP, LLC d/b/a FAMOUS AUTOMOTIVE & TIRE CENTER
operates an auto repair and service shops in Jacksonville, Florida.
[BN]
The Plaintiff is represented by:
Daniel Williams, Esq.
MAGID WILLIAMS, P.A.
3100 University Boulevard S Suite 115
Jacksonville, FL 32216
Telephone: (904) 725-3410
Email: dan@magidwilliams.com
- and -
Michael V. Miller, Esq.
Jordan Richards, Esq.
JORDAN RICHARDS, PLLC
1800 SE 10th Ave., Suite 205
Fort Lauderdale, FL 33316
Telephone: (954) 871-0050
Email: michael@usaemploymentlawyers.com
Jordan@jordanrichardspllc.com
FIRST NATIONAL: Deadline to File Class Cert. Bid Stayed in Burkett
------------------------------------------------------------------
In the class action lawsuit captioned as Burkett v. First National
Collection Bureau Inc., Case No. 9:23-cv-81269 (S.D. Fla., Filed
Sept. 14, 2023), the Hon. Judge Donald M. Middlebrooks entered an
order requiring expedited response to Plaintiffs Motion.
-- The Plaintiff has moved for Extension of Time to file class
certification. The certificate of conferral indicates that the
motion is opposed by the Defendant.
-- However, Plaintiff is asking to extend the deadline for filing
class certification, which is currently set for December 14,
2023.
-- Thus, because the deadline for Defendant to respond to this
Motion would fall after the deadline for class certification,
I
am going to require expedited briefing from the Defendant. The
Defendant shall respond to the Plaintiffs Motion and
articulate
the basis for its objection on or by December 18, 2023.
-- The deadline to file for class certification shall be stayed
pending my order on this Motion.
The suit alleges violation of the Fair Debt Collection Act
involving consumer credit.
First National is an agency that collects debt on behalf of a
variety of creditor clients.[CC]
FIRSTKEY HOMES: Plunkett Sues Over Leasing Agents' Unpaid Wages
---------------------------------------------------------------
JEFFREY PLUNKETT, individually and on behalf of all others
similarly situated, Plaintiff v. FIRSTKEY HOMES, LLC, Defendant,
Case No. 3:23-cv-02684-L (N.D. Tex., Dec. 5, 2023) is a collective
action brought by the Plaintiff against the Defendant to recover
overtime compensation, minimum wages, other unpaid wages,
liquidated damages, penalties, attorney's fees, litigation
expenses, costs of court, pre-judgment and post-judgment interest
and injunctive relief under the provisions of the Fair Labor
Standards Act.
The collective action consists of current and former employees who
worked for Defendant who in the three years preceding the filing of
this suit were not paid minimum wages and/or overtime compensation
at time and one half their regular rates of pay for hours they
worked over 40 in a workweek in violation of the FLSA and whose job
duties included performing leasing sales of Defendant's residential
properties, says the suit.
Plaintiff Plunkett was employed by the Defendant as a leasing agent
from approximately May 2018 to approximately November 2023.
FirstKey Homes, LLC provides single-family rental homes in the
United States, with offices in at least seventeen states. The
Company engages in managing, leasing, renovating, and administering
residential properties.[BN]
The Plaintiff is represented by:
Rhonda H. Wills, Esq.
Patrick J. Raspino, Esq.
WILLS LAW FIRM, PLLC
1776 Yorktown, Suite 570
Houston, TX 77056
Telephone: (713) 528-4455
- and -
Kobby T. Warren, Esq.
WARREN HEALY, PLLC
1910 Pacific Avenue, Suite 9500
Dallas, TX 75201
Telephone: (214) 999-9499
FORD MOTOR: Bid to Strike Class Allegations OK'd in Antonyam Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as Vahram Antonyan v. Ford
Motor Company et al., Case No. 2:21-cv-00945 (C.D. Cal., Filed Feb
1, 2021), the Hon. Judge Dolly M. Gee entered an order granting the
defendant's motion for order striking class allegations.
Antonyan has not filed an opposition to the motion, and the
deadline to do so has passed. Accordingly, the Court grants
Defendant's MTX for lack of opposition.
Antonyan may continue to prosecute his claims solely on an
individual basis.
Ford Motor is an American multinational automobile
manufacturer.[CC]
FORD MOTOR: Must Oppose Lessin Class Cert Bid by Feb. 15
--------------------------------------------------------
In the class action lawsuit captioned as WILLIAM LESSIN, CAROL
SMALLEY, et al., on behalf of themselves and all others similarly
situated, v. FORD MOTOR COMPANY, a Delaware corporation; and Does 1
through 10, inclusive, Case No. 3:19-cv-01082-AJB-AHG (S.D. Cal.),
the Hon. Judge Anthony J. Battaglia entered an order:
-- Granting joint Motion for briefing Schedule for the
plaintiffs'
motion for class certification; and
-- the Defendant's motion for summary judgment and the
plaintiffs'
motion to seal.
1. Ford shall file its Opposition to Plaintiffs' Motion for
Class
Certification, and any Rule 702 motions as to Plaintiffs'
experts, by February 15, 2024.
2. The Plaintiffs shall file their Opposition to Ford's Motion
for
Summary Judgment, by February 15, 2024.
3. The Plaintiffs shall file their Reply in Support of Class
Certification, any Rule 702 motions as to Ford's experts,
and
any opposition(s) to Ford's Rule 702 motions by April 1,
2024.
Ford Motor is an American multinational automobile manufacturer
headquartered in Dearborn, Michigan, United States.
A copy of the Court's order dated Dec. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3NCbMPH at no extra charge.[CC]
FORDHAM PIZZA: Fails to Pay Proper Wages, Melendez Alleges
----------------------------------------------------------
GERARDO ARENAS MELENDEZ, individually and on behalf of others
similarly situated, Plaintiff v. FORDHAM PIZZA 19 CORP. (D/B/A
BELLA PIZZA); and ARVINDER SINGH (A/K/A ROCKY), Defendants, Case
1:23-cv-10848 (S.D.N.Y., Dec. 13, 2023) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Melendez was employed by the Defendants as a kitchen
staff.
FORDHAM PIZZA 19 CORP. owns and operates a pizza parlor, located at
19 W. Fordham Road, Bronx, NY 10468, under the name "Bella Pizza".
[BN]
The Plaintiff is represented by:
Catalina Sojo, Esq.
CSM LEGAL, P.C
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
FRED HUTCHINSON: Fails to Prevent Data Breach, Ayers Alleges
------------------------------------------------------------
ROBERT AYERS, individually and on behalf of all others similarly
situated, Plaintiff v. FRED HUTCHINSON CANCER CENTER, Defendant,
Case No. 2:23-cv-01916 (W.D. Wa., Dec. 14, 2023) is a class action
complaint on behalf of the Plaintiff and a class of persons harmed
by the Defendant's failure to safeguard, monitor, maintain and
protect highly sensitive patient personal and health information,
or Personal Health Information and Personally Identifiable
Information (collectively "Sensitive Information").
According to the complaint, on or about November 19, 2023, a
malicious actor infiltrated Fred Hutchinson's data environment and
successfully stole a host of patient information (the "Data
Breach") from Defendant. As a result of the lax security on
Defendant's network, Plaintiff and at least 800,000 other patients
have had the most sensitive details of their lives and identities
accessed and stolen by malicious cybercriminals.
As a result of the Defendant's conduct, the Plaintiffs and the
Class have been and will be required to continue to undertake
expensive and time-consuming efforts to mitigate the actual and
potential impact of the Data Breach on their lives by, among other
things, placing freezes and alerts with credit reporting agencies,
contacting their financial institutions, closing or modifying
financial accounts, closely reviewing and monitoring their credit
reports and accounts for unauthorized activity, changing passwords
on medical portals, and requesting and maintaining accurate medical
records outside of those kept by medical providers, says the suit.
FRED HUTCHINSON CANCER CENTER operates as a non profit
organization. The Company conducts research to generate new medical
discoveries for preventing diseases and cancers. [BN]
The Plaintiff is represented by:
Caleb Marker, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd., Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
Email: caleb.marker@zimmreed.com
- and -
Brian C. Gudmundson, Esq.
Charles R. Toomajian, Esq.
Michael J. Laird, Esq.
ZIMMERMAN REED LLP
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
Email: brian.gudmundson@zimmreed.com
charles.toomajian@zimmreed.com
michael.laird@zimmreed.com
- and -
Christopher D. Jennings
JOHNSON FIRM
610 President Clinton Avenue, Suite 300
Little Rock, AK 72201
Telephone: (501) 372-1300
Facsimile: (888) 505-0909
Email: chris@yourattorney.com
GINTZLER GRAPHICS: DeDeyn et al. Sue Over ERISA, Labor Law Breaches
-------------------------------------------------------------------
J. PATRICK DEDEYN, JEFFREY ERNY, and JEFFREY KASPRZYK, on behalf of
themselves and all others similarly situated, Plaintiffs v.
GINTZLER GRAPHICS, INC. and RESOURCE LABEL GROUP LLC, Case No.
1:23-cv-01291 (W.D.N.Y., December 13, 2023) asserts claims against
Gintzler Graphics, Inc. for violations of the Fair Labor Standards
Act and the New York Labor Law and alleges claims against Gintzler
and its parent company company Resource Label Group (RLG) for
breach of fiduciary duty in violation of Section 404 of the
Employee Retirement Income Security Act of 1974 and prohibited
transactions in violation of Section 406 of ERISA for failure to
timely remit employee contributions to RLG's 401(k) plan.
One of the Plaintiffs, J. Patrick DeDeyn, has worked for Gintzler
as a Prepress Technician from in or about January 1995 through the
present. At all times, Plaintiff DeDeyn has been a manual worker
within the meaning of NYLL. However, Plaintiff DeDeyn was paid by
Gintzler every two weeks. In addition, the Defendants failed to
remit all his contributions to the Plan, and failed to administer
the Plan in a prudent manner, in violation of ERISA, says the
suit.
Gintzler is a manufacturer of consumer labels and packaging
products. [BN]
The Plaintiffs are represented by:
Harvey P. Sanders, Esq.
SANDERS & SANDERS
401 Maryvale Drive
Cheektowaga, NY 14225
Telephone: (716) 839-1489
- and -
Orin Kurtz, Esq.
GARDY & NOTIS LLP
150 East 52nd Street, 1 11th Floor
New York, NY 10022
Telephone: (212) 905-0509
Facsimile: (212) 905-0508
E-mail: okurtz@gardylaw.com
GMS MINE REPAIR: Goff Sues Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Justin Goff, on behalf of himself and all others similarly situated
v. GMS MINE REPAIR AND MAINTENANCE, INC., Case No.
1:23-cv-03452-JMC (D. Md., Dec. 21, 2023), is brought against
Defendant seeking all available relief under the Fair Labor
Standards Act of 1938 ("FLSA") and the West Virginia Minimum Wage
and Maximum Hours Law ("WVMHL") by failing to pay the Plaintiff
overtime wages.
The Plaintiff regularly worked in excess of 40 hours per week for
Defendant at the Martiki Mine. Plaintiff and other similarly
situated employees, as full-time employees, regularly worked 40 or
more hours in a workweek in the three years preceding the filing of
this Action, including time spent donning and doffing safety
clothing and other protective equipment and obtaining and putting
away their tools and equipment, as well as associated travel. The
amount of time Plaintiff and other similarly situated employees
spent performing the unpaid work described above was 60 or more
minutes each workday. This resulted in approximately 5 hours or
more of unpaid overtime for each employee every week and
approximately 250 hours or more of unpaid overtime for each
employee per year. Thus, Plaintiff and other similarly situated
employees were required to give up a substantial measure of their
time and effort without pay.
As a result of Plaintiff and other similarly situated employees not
being paid for all hours worked as described above, Plaintiff and
other similarly situated employees were not paid overtime
compensation for all the hours they worked in excess of 40 each
workweek. the Defendant knowingly and willfully engaged in the
above-mentioned violations of the FLSA and the WVMHL, says the
complaint.
The Plaintiff was employed by the Defendant as a non-exempt hourly
employee at the Martiki Mine in Davis, West Virginia from June 2022
through August 2023.
The Defendant is, among other things, a supplier of mining labor to
owners of underground mines throughout Appalachia and other parts
of the United States, including but not limited to West Virginia
and Western Pennsylvania.[BN]
The Plaintiff is represented by:
James E. Goodley, Esq.
Ryan P. McCarthy, Esq.
GOODLEY McCARTHY LLC
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 394-0541
Email: james@gmlaborlaw.com
ryan@gmlaborlaw.com
- and -
Shannon M. Draher, Esq.
NILGES DRAHER LLC
7034 Braucher Street, NW, Suite B
North Canton, Ohio 44720
Phone: 330-470-4428
Facsimile: 330-754-1430
Email: sdraher@ohlaborlaw.com
- and -
Jeffrey J. Moyle, Esq.
1360 East 9th Street, Ste. 808
Cleveland, OH 44114
Phone: (216) 230-2944
Facsimile: (330) 754-1430
Email: jmoyle@ohlaborlaw.com
GURNEY PAYROLL : Fails to Pay Proper Wages, Collado Suit Alleges
----------------------------------------------------------------
DANIEL COLLADO, Plaintiff v. GURNEY PAYROLL COMPANY L.L.C., JIMMY
JAZZ, INC., and JAKO ENTERPRISES LLC, Defendants, Case No.
1:23-cv-09171 (E.D.N.Y., December 14, 2023) is a class action
accusing the Defendants for violating the New York State Labor Law,
the New York Code, Rules and Regulations in regards to their
unlawful timekeeping, payroll, and other employment practices.
The Plaintiff seeks to recover unpaid uniform maintenance pay and
spread of hours premiums pursuant to NYLL and NYCRR. Plaintiff
Daniel Collado was employed by Defendants as a sales associate on
or around September 5, 2020, until on or around August 17, 2021.
Plaintiff worked for Defendants full time in three of their sneaker
and clothing stores in Brooklyn on a full time basis. However, he
was being paid approximately $15 per hour, paid on a bi-weekly
basis even if he is qualified as a manual worker under NYLL, says
the suit.
Gurney Payroll Company, LLC. Is foreign limited liability company
formed under the laws of New Jersey with its principal business
address located at 85 Metro Way, Secaucus, NJ. [BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatllc.com
HALLELUJAH ACRES: Bid for Discovery Tossed w/o Prejudice in Fykes
-----------------------------------------------------------------
In the class action lawsuit captioned as ALWINA FYKES,
individually, on her own behalf and on behalf of all others
similarly situated, v. HALLELUJAH ACRES, INC., a North Carolina
corporation, and DOES 1 to 10, Case No. 1:23-cv-00046-MR-WCM
(W.D.N.C.), the Hon. Judge Carleton Metcalf entered an order denied
without prejudice the motion for discovery.
In this case, since the Doe Defendants have not been served, and as
default has been entered against Hallelujah Acres, the issues have
not joined, the parties have not conferred regarding a discovery
plan, and a pretrial order has not been entered.
Consequently, Plaintiff is not able to conduct discovery absent a
court order.
A copy of the Court's order dated Dec. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3NEGQ1h at no extra charge.[CC]
HEALTHY PAWS: Seeks to File Opposition and Exhibits in Benanav
--------------------------------------------------------------
In the class action lawsuit captioned as STEVEN BENANAV, BRYAN
GAGE, MONICA KOWALSKI, LINDSAY PURVEY, STEPHANIE CAUGHLIN, and
KATHERINE THOMAS, on behalf of themselves and all others similarly
situated, v. HEALTHY PAWS PET INSURANCE LLCCase No.
2:20-cv-00421-LK (W.D. Wash.), Healthy Paws requests that the Court
grant motion to file the Opposition and Exhibits 1, 4, 32, 33, 35,
36, 39 to the Cobb Declaration under seal.
Healthy Paws thus seeks leave to file this information under seal,
pursuant to the Insurers’ request.
Finally, because the Opposition contains a quotation to the
language of the Agency Agreement, counsel for the Insurers have
requested that this information be redacted from the Opposition.
Accordingly, Healthy Paws seeks leave to file the Opposition under
seal, alongside public versions of the Opposition redacting this
quotation, pursuant to the Insurers' request.
A copy of the Defendant's motion dated Dec. 12, 2023 is available
from PacerMonitor.com at https://bit.ly/479UXTf at no extra
charge.[CC]
The Defendant is represented by:
Alicia Cobb, Esq.
Stephen A. Broome, Esq.
Justin C. Griffin, Esq.
Rick Werder, Esq.
Robert Longtin, Esq.
Cristina Henriquez, Esq.
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7000
Facsimile: (206) 905-7100
E-mail: aliciacobb@quinnemanuel.com
stephenbroome@quinnemanuel.com
justingriffin@quinnemanuel.com
rickwerder@quinnemanuel.com
robertlongtin@quinnemanuel.com
cristinahenriquez@quinnemanuel.com
HIS COMP LLC: Fails to Pay Proper Overtime Wages, Salgado Alleges
-----------------------------------------------------------------
JAIME FIGUEROA SALGADO, individually and on behalf of all those
similarly situated, Plaintiff v. HIS COMP LLC, D/B/A H.I.S. COMP,
LLC, B - E CONTROLS LLC, and GERALD T. THULL, Defendants, Case No.
2:23-cv-01672-JPS (E.D. Wis., December 13, 2023) accuses violations
of the Fair Labor Standards Act and the Wisconsin wage-and-hour
laws.
Plaintiff Salgado worked for Defendants performing roofing services
at times since December 13, 2020. Despite allowing Plaintiff to
work more that 40 hours in various workweeks, Defendants have
failed and refused to pay him overtime premium compensation as
required by the FLSA and/or Wisconsin law.
Headquartered in Saukville, WI, HIS Comp provides residential and
commercial roofing services in Southeast Wisconsin. [BN]
The Plaintiff is represented by:
Timothy P. Maynard, Esq.
Martha L. Burke, Esq.
HAWKS QUINDEL S.C.
5150 North Port Washington Road, Suite 243
Milwaukee, WI 53217
Telephone: (414) 271-8650
Facsimile: (414) 207-6079
E-mail: tmaynard@hq-law.com
mburke@hq-law.com
HP INC: Settles 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 on October 20, 2023, the Court of
Appeals for the Ninth Circuit issued an order dismissing
plaintiffs' appeal with regards to a putative class action
complaint against HP, CEO Dion Weisler, former CFO Catherine
Lesjak, and CFO Steven Fieler in U.S. District Court in the
Northern District of California.
The parties settled and the motion for preliminary approval of
settlement was filed on March 3, 2023. The district court granted
preliminary approval of the settlement on April 7, 2023. On
September 6, 2023, the court issued an order approving the
settlement and directing entry of final judgment.
On February 19, 2020, Electrical Workers Pension Fund, Local 103,
I.B.E.W. filed said case. The court appointed the State of Rhode
Island, Office of the General Treasurer, on behalf of the
Employees' Retirement System of Rhode Island and Iron Workers Local
580 Joint Funds as Lead Plaintiffs. Lead Plaintiffs filed an
amended complaint, which additionally named as defendants Enrique
Lores and Christoph Schell. HP and the named officers filed a
motion to dismiss the complaint for failure to state a claim upon
which relief can be granted.
The court granted HP's motion to dismiss and granted plaintiffs
leave to amend the complaint. Plaintiffs' second amended complaint,
which no longer names Christoph Schell as a defendant, alleges,
among other things, that from February 23, 2017 to October 3, 2019,
HP and the named officers violated Sections 10(b) and 20(a) of the
Exchange Act by making false or misleading statements about HP's
printing supplies business. It further alleges that Dion Weisler
and CEO Enrique Lores violated Sections 10(b) and 20A of the
Exchange Act by allegedly selling shares of HP common stock during
this period while in possession of material, non-public adverse
information about HP's printing supplies business. Plaintiffs seek
compensatory damages and other relief. HP and the named officers
filed a motion to dismiss the second amended complaint for failure
to state a claim upon which relief can be granted.
On September 15, 2021, the court granted HP's motion. Plaintiffs
appealed the decision. The parties settled and the motion for
preliminary approval of settlement was filed on March 3, 2023.
Under the terms of the settlement, HP agreed to pay an amount that
is immaterial to HP. The district court granted preliminary
approval of the settlement on April 7, 2023. On September 6, 2023,
the court issued an order approving the settlement and directing
entry of final judgment.
HP is a global provider of personal computing and other digital
access devices, imaging and printing products, and related
technologies, solutions and services.
HUMANA INC: Barrows Sues Over Improper Denial of Medicare Claims
----------------------------------------------------------------
JOANNE BARROWS; and SUSAN HAGOOD, individually and on behalf of all
others similarly situated, Plaintiffs v. HUMANA, INC., Defendant,
Case No. 3:23-cv-00654-CHB (W.D.K.Y. Dec. 12, 2023) is an action
arising from Humana's illegal deployment of artificial intelligence
in place of real doctors to wrongfully deny elderly patients care
owed to them under Medicare Advantage Plans.
According to the complaint, the AI Model, known as nH Predict, is
used to override real treating physicians' determinations as to
medically necessary care patients require. Humana knows that the nH
Predict AI Model predictions are highly inaccurate and are not
based on patients' medical needs but continues to use this system
to deny patients' coverage.
The fraudulent scheme affords Humana a clear financial windfall in
the form of policy premiums without having to pay for promised
care, while the elderly are prematurely kicked out of care
facilities nationwide, forced to deplete family savings to continue
receiving necessary medical care, or forced to forgo care
altogether, all because an AI Model "disagrees" with their real
live doctors' determinations, says the suit.
HUMANA INC. operates as a managed health care company. The Company
offers coordinated health care through health maintenance
organizations, point-of-service plans, and administrative services
products. Humana offers its products to employer groups,
government-sponsored plans, and individuals. [BN]
The Plaintiff is represented by:
James F. Guilfoyle, Esq.
GUILFOYLE LAW OFFICE
211 East Market Street
New Albany, IN 47150
Telephone: (502) 208-9704
Email: james@guilfoylelawoffice.com
- and -
Glenn A. Danas, Esq.
Ryan Clarkson, Esq.
Zarrina Ozari, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Email: gdanas@clarksonlawfirm.com
rclarkson@clarksonlawfirm.com
zozari@clarksonlawfirm.com
ILLUMINA INC: Pension Fund Sues Over Stock Price's Precipitous Drop
-------------------------------------------------------------------
LOUISIANA SHERIFFS' PENSION & RELIEF FUND, on behalf of itself and
all others similarly situated, Plaintiff v. ILLUMINA, INC., FRANCIS
A. DESOUZA, JOHN THOMPSON, SAM A. SAMAD, and JOYDEEP GOSWAMI,
Defendants, Case No. 3:23-cv-02328-MMA-AHG (S.D. Cal., December 21,
2023) is a class action against the Defendants for violations of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and
Rule 10b-5 promulgated thereunder.
According to the complaint, the Defendants made materially false
and misleading statements regarding Illumina's performance and
operations in order to trade Illumina common stock at artificially
inflated prices between September 21, 2020 and November 9, 2023.
Specifically, the Defendants failed to disclose to investors that:
(i) certain Illumina insiders had personal financial motives for
acquiring GRAIL, its subsidiary; and (ii) acquiring GRAIL was not
in the company's best interests. As a result, the Defendants'
positive statements about the GRAIL acquisition were materially
false and/or misleading and/or lacked a reasonable basis.
When the truth emerged, the price of Illumina common stock declined
nearly 6.6 percent, from a closing price of $395 per share on March
29, 2021, to a closing price of $368.96 on March 30, 2021. The
price of Illumina common stock continued to decline more than 8
percent, from a closing price of $106.98 on November 9, 2023, to a
closing price of $98.37 on November 10, 2023.
As a result of the Defendants' wrongful acts and omissions, which
caused the precipitous decline in the market value of the company's
common stock, the Plaintiff and other Class members have suffered
significant damages, says the suit.
Louisiana Sheriffs' Pension & Relief Fund is a multiemployer,
defined benefit pension plan providing retirement, disability, and
survivor benefits to employees of sheriff's offices throughout the
State of Louisiana.
Illumina, Inc. is a manufacturer of systems for large scale
analysis of genetic variation and biological functions
headquartered in San Diego, California. [BN]
The Plaintiff is represented by:
Jonathan D. Uslaner, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
2121 Avenue of the Stars, Suite 2575
Los Angeles, CA 90067
Telephone: (310) 819-3470
E-mail: jonathanu@blbglaw.com
- and -
Hannah Ross, Esq.
Avi Josefson, Esq.
Scott R. Foglietta, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: hannah@blbglaw.com
avi@blbglaw.com
scott.foglietta@blbglaw.com
ITHACA COLLEGE: Fails to Refund Tuition Fees, Akerman Alleges
-------------------------------------------------------------
ERIK AKERMAN, individually and on behalf of all others similarly
situated, Plaintiff v. ITHACA COLLEGE, Defendant, Case No.
3:23-cv-01565-TJM-TWD (N.D.N.Y., Dec. 12, 2023) is an action for
damage and restitution resulting from the Defendant's retention of
the tuition paid the Plaintiff.
According to the complaint, the Plaintiff seeks a partial prorated
tuition reimbursement representing the difference in fair market
value between the educational product for which the Plaintiff and
the Class members paid, including face-to-face instruction and
access to campus facilities and services, and the online product
that they actually received.
ITHACA COLLEGE is a private college in Ithaca, New York. It was
founded by William Egbert in 1892 as a conservatory of music and is
set against the backdrop of the city of Ithaca, outside Cayuga
Lake, waterfalls, and gorges. [BN]
The Plaintiff is represented by:
Michael A. Tompkins, Esq.
Anthony Alesandro, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
Email: mtompkins@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
- and -
Gary F. Lynch, Esq.
Jamisen A. Etzel, Esq.
Nicholas A. Collela, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5 th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
Email: gary@lcllp.com
jamisen@lcllp.com
nickc@lcllp.com
JAMAICA HOSPITAL: Fails to Pay Overtime, St. Macary Claims
----------------------------------------------------------
DIANA ST. MACARY, on behalf of herself and other similarly situated
individuals, Plaintiff v. JAMAICA HOSPITAL MEDICAL CENTER,
Defendant, Case No. 1:23-cv-10615 (S.D.N.Y., Dec. 5, 2023) arises
from the Defendant's alleged violation of the Fair Labor Standards
Act and the New York Labor Law by failing to compensate Plaintiff
and the other similarly situated for all their hours worked and
failing to pay them one and a half times their hourly rate for the
hours that exceeded 40 hours per week.
The Plaintiff was hired as a case manager associate at Jamaica
Hospital in April 2019. In that role, Plaintiff assisted with
discharge planning for patients admitted to the hospital. She
worked in that role until November 2021, when she resigned from her
position.
Jamaica Hospital Medical Center is a corporation organized under
the laws of New York with its principal place of business in
Queens.[BN]
The Plaintiff is represented by:
Jason L. Solotaroff, Esq.
Amy Robinson, Esq.
GISKAN, SOLOTAROFF & ANDERSON LLP
90 Broad Street
New York, NY 10004
Telephone: (646) 964-9604
E-mail: jsolotaroff@gslawny.com
JANTEX BUILDING: Fails to Pay Proper OT Wages, Castillo Suit Claims
-------------------------------------------------------------------
ADRIAN CASTILLO, individually and on behalf of similarly situated
persons, Plaintiff v. JANTEX BUILDING CARE, LLC, and BLANCA
CARVAJAL, Defendants, Case No. 4:23-cv-01242-P (N.D. Tex., December
14, 2023) alleges violations of the Fair Labor Standards Act.
Plaintiff Adrian Castillo is an individual who was employed by
Defendants as a janitor from approximately January 2022 until
January 2023. He worked more than 40 hours in a workweek but did
not receive proper overtime compensation at a rate of
time-and-one-half of his regular rate of pay.
Jantex Building Care, LLC is a cleaning company based in Forth
Worth, TX. [BN]
The Plaintiff is represented by:
Katherine Serrano, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
E-mail: kserrano@foresterhaynie.com
JET SET SPORTS: Caruso Appeals Suit Dismissal to 3rd Circuit
------------------------------------------------------------
SUZANNE CARUSO, et al. are taking an appeal from a court order
dismissing their lawsuit captioned entitled Suzanne Caruso, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Jet Set Sports LLC, Defendant, Case No.
3-21-cv-09665, in the U.S. District Court for the District of New
Jersey.
As previously reported in the Class Action Reporter, the lawsuit
alleges violation of the New Jersey Consumer Fraud Act (CFA) and
the New Jersey Truth-in-Consumer Contract, Warranty and Notice
Act.
According to the complaint, Plaintiff Suzanne Caruso purchased
tickets and accommodations for the Summer Olympics through CoSport,
which is the sole entity authorized to sell tickets to the American
public. Because of the Novel Coronavirus pandemic, the Summer
Olympics in Tokyo were postponed from the summer of 2020 to the
summer of 2021. However, the Japanese Olympic Committee recently
announced that no international spectators will be allowed to
attend. As a result, the Olympic tickets and accommodations
purchased by the Plaintiff and the putative class through CoSport
are worthless. They are of no value whatsoever, the suit says.
On June 10, 2021, the Plaintiffs filed amended complaint against
the Defendant.
On July 28, 2021, the Defendant filed a motion to dismiss the
amended complaint, which the Court granted through an Order entered
by Judge Zahid N. Quraishi.
The Court found that the amended complaint fails to plausibly plead
a claim for violation of the CFA. The case was dismissed without
prejudice.
The appellate case is captioned Suzanne Caruso, et al. v. Jet Set
Sports LLC, Case No. 23-3102, in the United States Court of Appeals
for the Third Circuit, filed on December 6, 2023. [BN]
Plaintiffs-Appellants SUZANNE CARUSO, et al., on behalf of
themselves and all others similarly situated, are represented by:
E. Michelle Drake, Esq.
BERGER MONTAGUE
1229 Tyler Street, NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5933
- and -
Jacob M. Polakoff, Esq.
BERGER MONTAGUE
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-5816
- and -
Janet R. Varnell, Esq.
Brian W. Warwick, Esq.
VARNELL & WARWICK
1101 E. Cumberland Avenue, Suite 201H, #105
Tampa, FL 33602
Telephone: (352) 753-8600
Defendant-Appellee JET SET SPORTS LLC is represented by:
Matthew A. Goldberg, Esq.
DLA PIPER
1650 Market Street
One Liberty Place, Suite 5000
Philadelphia, PA 19103
Telephone: (215) 656-3377
JK HIALEAH: Gonzalez Suit Alleges Overtime Wage Violations
----------------------------------------------------------
PEDRO LUIS GONZALEZ, and all others similarly situated, Plaintiff
v. JK HIALEAH, LLC, a foreign limited liability company, Defendant,
Case No. 1:23-cv-24742-XXXX (S.D. Fla., December 14, 2023) alleges
federal overtime wage violations under the Fair Labor Standards
Act.
The Defendant hired Plaintiff, Pedro Luis Gonzalez, on or about
April 5, 2023, as a non-exempt, hourly maintenance worker and
terminated him on December 8, 2023. Throughout the employment
period, the Defendant automatically deducted 30 minutes per shift
from Plaintiff and all other similarly situated individuals for a
meal period they could not take. The Plaintiff and all other
similarly situated individuals often worked more than 40 hours per
week and were not completely relieved of their duties for the
30-minute meal period. As a result of this policy, Defendant
deprived Plaintiff and dozens of other employees of federal
overtime wages, says the suit.
JK Hialeah, LLC owns and operates the Holiday Inn located at 7707
NW 103rd St. in Hialeah Gardens, FL. [BN]
The Plaintiff is represented by:
Jake R. Vigil, Esq.
Ronald D. Rodman, Esq.
FRIEDMAN, RODMAN FRANK & ESTRADA, P.A.
3636 West Flagler Street
Miami, FL 33135
Telephone: (305) 448-8585
Facsimile: (305) 448-9818
JKS HOME: Smith Seeks to Recover Minimum, OT Wages Under FLSA, NYLL
-------------------------------------------------------------------
KAYCE SMITH, individually and on behalf of all others similarly
situated v. JKS HOME IMPROVEMENT, LLC, JEREMY SAGER, and BRITTANY
SAGER, Case No. 3:23-cv-01509-AMN-ML (N.D.N.Y., Nov. 30, 2023)
seeks to recover unpaid minimum wages and overtime compensation,
under the Fair Labor Standards Act and under New York Labor Law.
The Plaintiff contends that the Defendants have engaged in illegal
and improper wage practices and policies. These practices include
improperly compensating Hourly Employees based only upon their
scheduled hours rather than the actual time they worked; and
automatically deducting time for meal breaks when Hourly Employees
perform work during that time.
Furthermore, the Defendants allegedly failed to provide Hourly
Employees with appropriate pay rate acknowledgement forms and
weekly wage statements. These illegal practices and policies are
uniform throughout the Defendants' facilities and have been known
to Defendants for years.
The Plaintiff was scheduled to work 40 hours per week, and 42.5
hours per week inclusive of her meal period. The Plaintiff
routinely worked before and/or after her scheduled shift and during
her uncompensated meal break, but was not properly compensated for
all hours worked, including overtime at the applicable rate of one
and one-half times her regular hourly rate, the suit claims.
The Plaintiff was employed by JKS as an Administrative Assistant
from September 19, 2021 until February 2023. The Plaintiff was a
full-time Hourly Employee and paid an hourly rate of $17.00.
JKS provides residential construction services throughout the
Southern Tier of New York.[BN]
The Plaintiff is represented by:
Brett Gallaway, Esq.
Lee Shalov, Esq.
Jason Giaimo, Esq.
McLAUGHLIN & STERN, LLP
260 Madison Avenue
New York, NY 10016
Telephone: (212) 448-1100
E-mail: bgallaway@mclaughlinstern.com
lshalov@mclaughlinstern.com
jgiaimo@mclaughlinstern.com
JOHNSON & JOHNSON: Calhoun Suit Transferred to S.D. New York
------------------------------------------------------------
The case captioned as Patrick Calhoun, individually and on behalf
of all others similarly situated v. Johnson & Johnson Health Care
Systems, Inc., Case No. 0:23-cv-61833 was transferred from the U.S.
District Court for the Southern District of Florida, to the U.S.
District Court for the Southern District of New York on Dec. 21,
2023.
The District Court Clerk assigned Case No. 1:23-cv-11069-PAC to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American
multinational, pharmaceutical, and medical technologies
corporation.[BN]
The Plaintiff is represented by:
Jibrael Jarallah Said Hindi, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th St., 17th Floor
Fort Lauderdale, FL 33301
Phone: (954) 907-1136
Email: jibrael@jibraellaw.com
- and -
Manuel Santiago Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Suite 1400
Ft. Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
The Defendant is represented by:
Amanda Elizabeth Preston, Esq.
SQUIRE PATTON BOGGS (US) LLP
200 S Biscayne Boulevard, Suite 4700
Miami, FL 33131
Phone: (305) 577-2824
Fax: (305) 577-7001
- and -
Andrew Russell Kruppa, Esq.
SQUIRE PATTON BOGGS (US) LLP - MIAMI FL
200 S. Biscayne Blvd.,
Miami, FL 33131
Phone: (305) 577-7712
Fax: (305) 577-7001
Email: andrew.kruppa@squirepb.com
- and -
Adeel A. Mangi, Esq.
Alejandro H. Cruz, Esq.
Dakotah M. Burns, Esq.
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, NY 10036
Phone: (212) 336-2000
JOHNSON & JOHNSON: Chamberlain Suit Transferred to E.D. New York
----------------------------------------------------------------
The case captioned as Tamula Chamberlain, individually and on
behalf of all others similarly situated v. Johnson & Johnson
Consumer Inc., RB Health LLC, GlaxoSmithKline Consumer Healthcare
Holdings (US) LLC., Case No. 2:23-cv-04435 was transferred from the
U.S. District Court for the Eastern District of Pennsylvania, to
the U.S. District Court for the Eastern District of New York on
Dec. 21, 2023.
The District Court Clerk assigned Case No. 1:23-cv-09316-BMC to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American
multinational, pharmaceutical, and medical technologies
corporation.[BN]
The Plaintiff is represented by:
Jeffrey W Golan, Esq.
BARRACK RODOS & BACINE
3300 Two Commerce Square
2001 Market Street
Philadelphia, Pa 19103
Phone: (215) 963-0600
Fax: (215) 963-0838
Email: jgolan@barrack.com
JOHNSON & JOHNSON: Jergins Sues Over Deceptive Sale of Decongestant
-------------------------------------------------------------------
Abby Jergins, an individual; Bill Jergins, an individual; and Archi
Hipkins, an individual; on behalf of themselves and all others
similarly situated, Plaintiffs v. Johnson & Johnson Consumer, Inc.,
a New Jersey corporation; The Procter & Gamble Company, an Ohio
corporation; GlaxoSmithKline Consumer Healthcare Holdings (US) LLC,
a Delaware limited liability company; and Haleon US Capital LLC, a
Delaware limited liability company; and John Does 1-200,
Defendants, Case No. 4:23-cv-00115-DN (D. Utah, December 13, 2023)
seeks to recover damages related to Defendants' wrongful conduct in
connection with the marketing, advertising, promoting, distribution
and sale of products containing phenylephrine -- a purported
decongestant used as an active ingredient in at least 250 products,
including without limitation Sudafed, Vicks Dayquil & Nyquil,
Tylenol Cold & Flu, Advil Cold & Sinus, and many others, including
generic brands developed by major retailers like CVS, Walmart,
Target and Walgreens.
For years, Defendants have advertised and marketed the
phenylephrine products to unsuspecting consumers despite knowing
that phenylephrine is ineffective for the treatment of nasal
congestion and the other cold and flu symptoms for which Defendants
promote its use. On or about September 12, 2023, the Federal Drug
Administration, after careful study and consideration, announced
publicly that phenylephrine is ineffective as a treatment for such
symptoms. Accordingly, Plaintiffs demand judgment against
Defendants and request, among other things, compensatory damages,
statutory damages, punitive damages, attorneys' fees, costs and all
other available remedies and damages allowed by law.
Headquartered in New Jersey, Johnson & Johnson Consumer, Inc. is
engaged in the business of manufacturing, marketing, testing,
promoting, selling, and/or distributing certain of the
phenylephrine products, including but not limited to, Tylenol,
Sudafed, and Benadryl. [BN]
The Plaintiffs are represented by:
John Ternieden, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (619) 333-7479
Facsimile: (619) 255-1515
E-mail: jternieden@singletonschreiber.com
JOHNSON & JOHNSON: McWhite Suit Transferred to E.D. New York
------------------------------------------------------------
The case captioned as Kamonica McWhite, individually and on behalf
of all others similarly situated v. Johnson & Johnson Consumer
Inc., Kenvue Incorporated, Reckitt Benckiser LLC, Procter & Gamble,
Case No. 3:23-cv-20379 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. 12, 2023.
The District Court Clerk assigned Case No. 1:23-cv-09065-BMC to the
proceeding.
The nature of suit is stated as Other Contract for Fraud.
Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American
multinational, pharmaceutical, and medical technologies
corporation.[BN]
The Plaintiff is represented by:
Philip Furia, Esq.
THE SULTZER LAW GROUP, P.C.
85 Civic Plaza, Suite 200
Poughkeepsie, NY 12601
Phone: (201) 744-0064
Email: furiap@thesultzerlawgroup.com
The Defendant is represented by:
Jeffrey A.N. Kopczynski
O'MELVENY & MYERS LLP
7 Times Square
New York, NY 10036
Phone: (212) 326-2000
Email: jkopczynski@omm.com
JOHNSON & JOHNSON: Wright Suit Transferred to E.D. New York
-----------------------------------------------------------
The case captioned as Krista Wright, individually and, on behalf of
those similarly situated v. Johnson & Johnson Consumer Inc., Kenvue
Inc., Reckitt Benckiser LLC, Procter & Gamble Co., Wal-Mart Stores
East 1, LP, Wal-Mart Inc., Case No. 5:23-cv-06120 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. 20, 2023.
The District Court Clerk assigned Case No. 1:23-cv-09285-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.
Taylor Foye, 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
tfoye@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 -
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 Defendant is 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
JORNS & ASSOCIATES: Placeholder Bid for Class Cert Tossed
----------------------------------------------------------
In the class action lawsuit captioned as SWETLIC CHIROPRACTIC &
REHABILITATION CENTER, INC., v. JORNS & ASSOCIATES, LLC, Case No.
2:23-cv-02200-EAS-KAJ (S.D. Ohio), the Hon. Judge Edmund A. Sargus,
Jr. entered an order granting the Plaintiff's motion to stay:
-- The parties are directed to file a stipulation of dismissal, or
in
the alternative, a status report by February 12, 2024.
-- The Plaintiff's Placeholder Motion for Class Certification is
denied without prejudice.
The lawsuit arises out of allegedly unsolicited faxes sent by
Defendant, Jorns & Associates, LLC, to Plaintiff. The Plaintiff
claims that these unsolicited faxes failed to include opt-out
language required by the Telephone Consumer Protection Act (TCPA).
The Court finds that Plaintiff's proposed stay is appropriate.
Allowing the Kansas case to come to completion will streamline the
issues here and promote judicial economy by reducing the litigation
burden on the parties and the Court.
A copy of the Court's order dated Dec. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/477lqAE at no extra charge.[CC]
KELLY SERVICES: Class Settlement in Larry Suit Has Prelim. Approval
-------------------------------------------------------------------
Judge Denise P. Hood of the U.S. District Court for the Eastern
District of Michigan, Southern Division, grants the Plaintiffs'
Motion for Preliminary Approval of Settlement and for Preliminary
Certification of Class and Collection Action in the lawsuit titled
ALIAH LARRY, DARBY JOHNSON, SHAHD MAJEED, SHIRLEY WEST and
TAUHEEDAH ROBINSON, individually and on behalf of all others
similarly situated, Plaintiffs v. KELLY SERVICES INC., Defendant,
Case No. 2:20-cv-11481-DPH-EAS (E.D. Mich.).
Plaintiffs Aliah Larry, Darby Johnson, Shahd Majeed, Shirley West,
and Tauheedah Robinson, individually and on behalf of others
allegedly similarly situated, have moved for preliminary approval
of a proposed class action and collective action settlement.
After review of the Plaintiffs' and Defendant Kelly Services,
Inc.'s Class Action and Collective Action Settlement Agreement,
together with the exhibits thereto, as well as the Plaintiffs'
Unopposed Motion for Preliminary Approval and supporting documents,
and after hearing arguments of counsel for the Parties, the Court
finds that the settlement memorialized in the "Class Action and
Collective Action Settlement Agreement" is fair, reasonable, and
adequate and resolves a bona fide dispute between, on the one hand,
the Plaintiffs, Opt-In Plaintiffs, and Rule 23 Class Members, and
on the other hand, the Defendant.
Solely for the purposes of the proposed Settlement, the following
Rule 23 classes are provisionally certified for purposes of
settlement only pursuant to Rule 23 of the Federal Rules of Civil
Procedure:
(a) all current and former Recruiting Position Workers who
performed work for Defendant within: (i) the Commonwealth
of Kentucky at any time between June 28, 2016, and the
date of Preliminary Approval of the Settlement, or
July 10, 2023, whichever is later; (ii) the Commonwealth
of Pennsylvania at any time between June 28, 2018, and the
date of Preliminary Approval of the Settlement, or
July 10, 2023, whichever is later; and (iii) the State of
Illinois at any time between Dec. 19, 2019, and the date
of Preliminary Approval of the Settlement, or July 10,
2023, whichever is later (the "Alleged Misclassification
Class"); and
(b) all current and former Recruiting Position Workers who
performed work for Defendant in the State of California at
any time between June 28, 2017, and the date of
Preliminary Approval of the Settlement, or July 10, 2023,
whichever is later (the "California Class"). These classes
are collectively referred to herein as the "Rule 23 Class"
or "Rule 23 Classes."
The Court further finds that conditional certification of the
Collective Action described in the Settlement Agreement for
settlement purposes is appropriate and authorizes the Parties to
send the Notice of Settlement to the Opt-In Plaintiffs as defined
in the Settlement Agreement.
The Court also finds and rules, among other things, that the
Settlement Agreement provides adequate relief to Rule 23 Class
Members, considering the costs, risks, and delay associated with
trial and appeal, as well as the effectiveness of the proposed
distribution of Settlement Payments to Claimants.
Solely for the purposes of the proposed Settlement, the Court
preliminarily approves Michael A. Josephson of Josephson Dunlap LLP
as Class Counsel on behalf of the Rule 23 Class Members and Opt-In
Plaintiffs. The Court also preliminarily approves Aliah Larry,
Darby Johnson, Shahd Majeed, Shirley West, and Tauheedah Robinson
as Class Representatives. The Court appoints Rust Consulting as the
Settlement Claims
Administrator.
The Court approves, as to form and content, (i) the proposed Notice
Plan, which includes a Notice of Settlement and a Claim Form; and
(ii) the General Release and Waiver attached to the Settlement
Agreement as Exhibits.
A hearing, for purposes of determining whether the Settlement
should be finally approved for purposes of Rule 23 and/or 29 U.S.C.
Section 216(b) will be held before this Court on May 1, 2024, at
2:00 p.m. At the hearing, the Court will hear arguments concerning
whether the proposed Settlement of the Class Action and Collective
Action Litigation on the terms and conditions provided for in the
Settlement Agreement is fair, reasonable, and adequate and should
be approved by the Court. The Court will also consider Class
Counsel's request for an award of attorneys' fees and costs and for
Service Payments to be made to the Named Plaintiffs and Service
Award Recipients.
No later than thirty (30) calendar days after the Court enters the
Preliminary Approval Order, Defendant will transmit the payment
required by the Settlement Agreement by wire transfer (or other
appropriate means) to the Qualified Settlement Fund ("QSF"). With
respect to the QSF, the Claims Administrator will comply with all
of the limitations, duties, and requirements set forth in the
Settlement Agreement and all applicable federal, state, and local
laws.
Until the Court's decision on final approval of the Settlement and
entry of the Court's Final Approval Order and Judgment, the Named
Plaintiffs, Opt-In Plaintiffs, Claimants, and all Rule 23 Class
Members, who do not timely submit valid Requests for Exclusion, and
anyone acting on any of their behalf, will be barred and enjoined
from: (a) further litigation in this case; and (b) filing or taking
any action directly or indirectly to commence, prosecute, pursue,
or participate in an individual or class action or collective
action basis any action, claim, or proceeding against the
Defendant.
A full-text copy of the Court's Order dated Dec. 11, 2023, is
available at http://tinyurl.com/429w7y8nfrom PacerMonitor.com.
KEVIN CARR: Antrim Bid to Certify Class Partly OK'd
---------------------------------------------------
In the class action lawsuit captioned as ALTON ANTRIM, v. KEVIN
CARR, Case No. 2:19-cv-00396-BHL (E.D. Wis.), the Hon. Judge Brett
H. Ludwig entered an order granting in part and denying in part the
Plaintiffs' motion to certify class:
-- The Court certifies a class of those individuals subject to
lifetime GPS monitoring because they have been convicted of
sexual offenses on two or more separate occasions, under Wis.
Stat. section 301.48(2)(a)(7).
-- Attorneys Mark G. Weinberg and Adele D. Nicholas are appointed
class counsel, pursuant to Fed. R. Civ. P. 23(g).
Plaintiff Antrim is a convicted sex offender. He filed this case
along with other (now-dismissed) plaintiffs1 to challenge Wisconsin
statutes requiring certain convicted sex offenders to wear GPS
tracking devices.
Currently before the Court is Antrim's motion to certify a class of
individuals subject to lifetime GPS tracking pursuant to Wis. Stat.
section 301.48.
He seeks to represent a single proposed class encompassing two
different groups that are subject to wearing GPS tracking ankle
bracelets:
(1) persons who have been convicted of sexual offenses on two
or
more occasions; and
(2) persons convicted of a "serious child sex offense."
Because
Antrim has satisfied the requirements for class
certification
as to the first group, but not the second, his motion will
be
granted in part and denied in part.
A copy of the Court's order dated Dec. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3TATG4w at no extra charge.[CC]
LA DUNI MCKINNEY: Manzay Suit Seeks Hourly Employees' Unpaid Wages
------------------------------------------------------------------
SAMUEAL MANZAY, individually and on behalf of all others similarly
situated, Plaintiff v. LA DUNI MCKINNEY, L.P., LATIN RESTAURANTS
OPERATIONS, LLC, and ESPARTACO V. BORGA, Defendants, Case No.
3:23-cv-02855-K (N.D. Tex., December 26, 2023) is a class action
against the Defendants for failure to pay regular and overtime
wages in violation of the Fair Labor Standards Act and
alternatively, for breach of contract.
The Plaintiff worked for the Defendants as an hourly-paid employee
in Texas.
La Duni McKinney, L.P. is an owner and operator of bakeries and
cafes located in Texas.
Latin Restaurants Operations, LLC is an owner and operator of
bakeries and cafes doing business in Dallas County, Texas. [BN]
The Plaintiff is represented by:
Michael R. Steinmark, Esq.
Bruce W. Steckler, Esq.
STECKLER WAYNE & LOVE, PLLC
12720 Hillcrest Road, Suite 1045
Dallas, TX 75230
Telephone: (972) 387-4040
Facsimile: (972) 387-4041
E-mail: michael@swclaw.com
bruce@swclaw.com
LEADING HEALTHCARE: Cunningham Sues Over Unpaid Wages, Retaliation
------------------------------------------------------------------
MORGAN CUNNINGHAM, individually and on behalf of all others
similarly situated, Plaintiff vs. LEADING HEALTHCARE SOLUTIONS,
Inc. and ANTHONY CHRISTIAN, an individual, Defendants, Case No.
0:23-cv-62320 (S.D. Fla., Dec. 6, 2023) is a class action brought
by the Plaintiff against Defendants for misclassification of
employment, unpaid minimum and overtime wages, and retaliation
pursuant to the Fair Labor Standards Act.
The complaint alleges that Defendants failed to pay Plaintiff
minimum wage and overtime for hours worked in excess of 40 hours a
work week. As a result of Plaintiff's complaint about not receiving
minimum wage, repeatedly working overtime hours, and being
misclassified as an independent contractor, Defendants immediately
fired Plaintiff in retaliation, says the suit.
The Plaintiff worked for Leading Healthcare as an insurance agent
in Broward County, Florida from November 2020 through December
2021.
Leading Healthcare is an insurance agency company located in
Broward County, Florida.[BN]
The Plaintiff is represented by:
Kelsey Black, Esq.
BLACK LAW P.A.
1401 E. Broward Blvd., Ste. 204
Fort Lauderdale, FL 33301
Telephone: (954) 320-6220
E-mail: kb@blacklawpa.com
LEHIGH VALLEY: Fails to Secure Patients' Info, Schuh Alleges
------------------------------------------------------------
ANGELA SCHUH, on behalf of herself and all others similarly
situated v. LEHIGH VALLEY HEALTH NETWORK, Case No. 231200018
(Phily, Com. Pleas, Nov. 30, 2023) sues the Defendant for failing
to implement and follow security procedures to secure the
personally identifying information or protected health information
of the Plaintiff and Class Members.
On February 20, 2023, the Defendant disclosed that it had been the
target of a cyberattack on January 8, 2023, that the attack was on
the network supporting one physician practice, and that the attack
has not disrupted LVHN's operations. LVHN, however did not notify
the Plaintiff that she had been affected by the data breach until
it sent her a letter on June 28, 2023, almost 6 months after LVHN
discovered the data breach, the suit claims.
Based on the public statements of the Defendant to date, a wide
variety of PII and PHI was implicated in the Data Breach, including
an individual's full name, address, date of birth, Social Security
number, medical billing and insurance information, and certain
medical information such as diagnoses and medication, the suit
says.
Indeed, BlackCat (the ransomware gang responsible for the data
breach) has made the Plaintiff's and Class Members' PII and PHI the
subject of ransom demands, and ultimately, publicly published the
Plaintiff's and Class Members' PII and PHI on the darkweb, the
Plaintiff asserts.
The Plaintiff and the Class Members are now at a significantly
increased and certainly impending risk of fraud, identity theft,
misappropriation of health insurance benefits, intrusion of their
health privacy, and similar forms of criminal mischief, risk which
may last for the rest of their livers. The Plaintiff obtained
healthcare or related services from hospitals or clinics serviced
by or affiliated with the Defendant.
LVHN is comprised of 13 hospital campuses plus numerous health
centers, physician practices, rehabilitation locations, ExpressCARE
sites and other outpatient care locations in 10 eastern
Pennsylvania counties.[BN]
The Plaintiff is represented by:
Richard Shenkan, Esq.
SHENKAN INJURY LAWYERS, LLC
6550 Lakeshore St.
West Bloomfield, MI 48323
Telephone: (248) 562-1320
Facsimile: (888) 769-1774
LENOX PARKING: Faces Faican Wage-and-Hour Suit in S.D.N.Y.
----------------------------------------------------------
JOHN FAICAN, individually and on behalf of others similarly
situated, Plaintiff v. LENOX PARKING GARAGE LLC (D/B/A CITI
PARKING), RONALD MASSIE, and RICHARD GIROUARD AKA RICK, Defendants,
Case No. 1:23-cv-10633 (S.D.N.Y., Dec. 6, 2023) is a class action
on behalf of Plaintiff and other similarly situated individuals for
Defendants' unpaid overtime wages pursuant to the Fair Labor
Standards Act and for violations of the New York Labor Law
including applicable liquidated damages, interest, attorneys' fees
and costs.
The complaint alleges the Defendants' failure to pay overtime,
failure to provide with a written wage notice, failure to furnish
with an accurate wage statement, and failure to pay on a regular
weekly basis.
Plaintiff Faican was employed as a valet driver at the parking
garage in New York.
Lenox Parking Garage LLC owns, operates, and controls a parking
garage, located in New York, under the name "Citi Parking."[BN]
The Plaintiff is represented by:
Catalina Sojo, Esq.
CSM LEGAL, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
LEVEL 3: Class Cert Hearing Set for Jan. 25
-------------------------------------------
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 taking
under advisement the Plaintiff's motion to certify class and
setting a Zoom Hearing for Jan. 25, 2024.
The Court will email the Zoom link to counsel listed on the docket
in advance of the hearing.
The suit alleges violation of the Fair Labor Standards Act.
Level 3 Communications was an American multinational
telecommunications and Internet service provider company.[CC]
LORENZO FOOD: Fails to Pay Proper Wages, Barrios Alleges
--------------------------------------------------------
CARLOS BARRIOS, individually and on behalf of all others similarly
situated, Plaintiff v. LORENZO FOOD GROUP, INC.; TEMPS 4 YOU, LLC;
TEMPS 4 YOU TOO, LLC; JOSEPH G. LORENZO; FERNANDO D. PAZ; ; SABY M.
TORRES; and STAFFING AGENCIES 1-20, Defendants, Case No.
2:23-cv-23032 (D.N.J., Dec. 12, 2023) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Barrios was employed by the Defendants as a production
worker.
LORENZO FOOD GROUP, INC. provides food services. The Company offers
sandwiches, salads, and dessert cups, as well as boxed lunches,
meats, cheeses, and grocer items. Lorenzo Food Group serves clients
in the United States. [BN]
The Plaintiff is represented by:
Mitchell Schley, Esq.
LAW OFFICES OF MITCHELL SCHLEY, LLC
197 Route 18, Suite 3000
East Brunswick, New Jersey 08816
Telephone:(732) 325-0318
Email: mschley@schleylaw.com
MALCOLM DRILLING: Fails to Pay Proper Wages, Rosas Alleges
----------------------------------------------------------
ANDREW ROSAS, individually and on behalf of all others similarly
situated, Plaintiff v. MALCOLM DRILLING COMPANY INC., Defendants,
Case No., 23STCV30574 (Cal. Sup., Los Angeles Cty., Dec. 14, 2023)
is an action against the Defendants for failure to pay minimum
wages, overtime compensation, authorize and permit meal and rest
periods, provide accurate wage statements, and reimburse necessary
business expenses.
Plaintiff Rosas was employed by the Defendant as a laborer.
MALCOLM DRILLING COMPANY, INC. provides drilling and foundation
construction services. The Company offers equipments such as
cranes, oscillators, soil mixing equipment, tieback rigs, jet
grouting, and micro piles. [BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Fletcher W. Schmidt
Andrew J. Rowbotham
HAINES LAW GROUP, APC
2155 Campus Drive, Suite 180
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
MARIA LETICIA PATRICIO: Hernandez Loses Bid to Serve by Publication
-------------------------------------------------------------------
Magistrate Judge Benjamin W. Cheesbro of the U.S. District Court
for the Southern District of Georgia, Waycross Division, denies the
Plaintiffs' motion to serve complaint by publication in the lawsuit
entitled CRISTHIAN ZUNIGA HERNANDEZ, et al., Plaintiffs v. MARIA
LETICIA PATRICIO, et al., Defendants, Case No.
5:23-cv-00023-LGW-BWC (S.D. Ga.).
The Plaintiffs seek leave to serve Defendant Jose Carmen Duque
Tovar by publication.
The proposed class action lawsuit arises from the Defendants'
alleged labor trafficking and racketeering activities in
southeastern Georgia. The Plaintiffs worked in Georgia as migrant
farm workers from Mexico. The Plaintiffs allege that the Defendants
forced and misled them into agricultural labor during 2020 and 2021
using the United States' H-2A visa program.
The Plaintiffs allege the subject of this Motion, Defendant Jose
Carmen Duque Tovar ("Jose Tovar"), recruited workers from Mexico
and held their identification documents after they entered the
United States to prevent them from leaving.
The United States indicted Jose Tovar on Oct. 5, 2021, on related
criminal charges, including conspiracy to engage in forced labor
and labor trafficking (United States v. Patricio, Criminal Action
No. 5:21-cr-9 (Oct. 5, 2021)). The other two individual Defendants
in this case—Maria Leticia Patricio and Enrique Duque Tovar
("Enrique Tovar")—were also indicted in the criminal case, along
with 21 other individuals. Maria Leticia Patricio and Enrique Tovar
have appeared in the criminal case. Jose Tovar has not. The
criminal case is still pending.
The Plaintiffs have been unable to locate Jose Tovar in order to
serve him in this case. They, through a hired process server,
attempted to serve Jose Tovar at his last known address in Axson,
Georgia, on June 24, 2023. The process server did not find Jose
there. Instead, the process server found Jose's brother, Defendant
Enrique Tovar, there with his wife, Sherry Duque.
Enrique Tovar told the process server he did not know where his
brother was. Sherry Duque told the process server Jose Tovar was
possibly in Mexico. The Plaintiffs later asked Enrique Tovar's
counsel about Jose Tovar's whereabouts. Enrique Tovar's counsel
explained Jose Tovar did not have any contact with his brother and
Enrique did not know where to find Jose. However, the attorney
provided the Plaintiffs with Jose Tovar's last known phone number.
The Plaintiffs attempted to contact Jose Tovar at this number
multiple times but were unsuccessful. After "extensive social media
research," the Plaintiffs believe Jose Tovar may be in Montebello,
San Luis Potosi, Mexico, along with his daughter and other family
members.
The Plaintiffs filed this Motion to Execute Alternative Service
requesting leave to serve Defendant Jose Tovar by publishing notice
in two Spanish-language newspapers with circulation in San Luis
Potosi, Mexico. The Plaintiffs, if granted leave for alternative
service, would also publish notice in five publications in Georgia
with circulation in different areas the Plaintiffs believe Jose
Tovar's family members reside.
The Plaintiffs seek to serve Defendant Jose Tovar by publication in
Mexico under Federal Rule of Civil Procedure 4(e) and Georgia law,
but they cannot serve a defendant in a foreign country under these
provisions, Judge Cheesbro opines. The Plaintiffs must proceed
under Rule 4(f) instead.
Judge Cheesbro finds that the Plaintiffs have not exercised the
requisite level of diligence in pursuing all available means of
ascertaining Defendant Jose Tovar's whereabouts. The Plaintiffs'
hired process server made a single attempt to contact Jose Tovar at
his last known address. When that attempt was unsuccessful, the
process server followed up with a conversation with two family
members (one of whom is also party to this action) who happened to
be at that address. The Plaintiffs' hired process server did not
attempt to speak with Defendant Jose Tovar's other family members
throughout Georgia, who the Plaintiffs apparently intend to notify
through publication.
The Plaintiffs' "extensive social media research" fails to
demonstrate diligence or any likelihood a particular publication
will reach Jose Tovar, Judge Cheesbro holds. The Plaintiffs do not
describe the methods or results of their social media research.
Without more information about the Plaintiffs' methods, the Court
cannot conclude they made diligent efforts to locate Jose Tovar.
Furthermore, the Court cannot determine if it is reasonably certain
a publication in San Luis Potosi, Mexico, will reach Jose Tovar
based on the limited information the Plaintiffs provided about
their social media research.
Based on the foregoing, Judge Cheesbro denies the Plaintiffs'
Motion at this time.
A full-text copy of the Court's Order dated Dec. 11, 2023, is
available at http://tinyurl.com/ytsanvx3from PacerMonitor.com.
MICROVAST HOLDINGS: Faces Schelling Suit Over 25% Stock Price Drop
------------------------------------------------------------------
KIM SCHELLING, individually and on behalf of all others similarly
situated v. MICROVAST HOLDINGS, INC., YANG WU, and CRAIG WEBSTER,
Case No. 4:23-cv-04565 (S.D. Tex., Dec. 5, 2023) is a class action
on behalf of persons and entities that purchased or otherwise
acquired Microvast securities between October 19, 2022 and November
20, 2023, inclusive, in violation of the Securities Exchange Act of
1934.
According to the complaint, the Defendants made false and/or
misleading statements and/or failed to disclose to investors: that
there was a reasonable likelihood that Microvast would not be
awarded the Grant after due diligence was performed; that
negotiations had ceased and the Grant rescinded; and that the
Company misrepresented the nature and profitability of its
businesses and partnerships.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages.
In October 2022, the United States Department of Energy ("DOE")
conditionally selected Microvast for a proposed $200 million grant
to help fund a proposed polyaramid separator production facility.
However, on May 22, 2023, after the market closed, Reuters reported
the DOE would not award Microvast the Grant.
On this news, the Company's share price fell $0.80, or 36%, to
close at $1.40 per share on May 23, 2023, on unusually heavy
trading volume.
Then, on November 21, 2023, J Capital Research published a report
on Microvast entitled "MVST: Empty Facilities and a Grant Loss That
Was Probably Hidden: Another China Hustle". The Report alleged the
Company knew the Grant had been rescinded for months prior to
Reuters reporting but failed to inform investors.
On this news, the Company's share price fell $0.33, or 25%, to
close at $0.98 per share on November 21, 2023, on unusually heavy
trading volume, says the suit.
Microvast is a lithium-ion battery technology company which
designs, develops, and manufactures battery components and systems,
primarily for electric commercial vehicles and utility-scale energy
storage systems.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Charles H. Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
- and -
Corey D. Holzer, Esq.
HOLZER & HOLZER
211 Perimeter Center Parkway, Suite 1010
Atlanta, GA 30346
Telephone: (770) 392-0090
MIDWEST GAMING: Hess Sues Over Unprotected Personal Information
---------------------------------------------------------------
DONALD HESS, individually and on behalf of all others similarly
situated, Plaintiff v. MIDWEST GAMING & ENTERTAINMENT, LLC d/b/a
RIVERS CASINO, Defendant, Case No. 1:23-cv-16791 (N.D. Ill.,
December 14, 2023) arises from the Defendant's failure to protect
consumer's sensitive personal information, which stolen after a
cybersecurity breach at Rivers Casino starting in August 2023.
On or about November 20, 2023, Defendant began sending Plaintiff
and other Data Breach victims a Notice of the Data Breach letter.
Moreover, the class action seeks to address Defendant's inadequate
security measures for the safeguarding of Class members’
sensitive personal information and failing to notify Class members
of the data breach in a timely manner. The Plaintiff seeks remedies
including, but not limited to, compensatory damages and injunctive
relief for the improvement of Defendant's security systems, future
annual audits, and adequate credit monitoring and identity
restoration services funded by Defendant.
Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino is a
for-profit Delaware limited liability corporation with its
principal place of business at 900 N. Michigan Ave., Suite 1600,
Chicago, IL. [BN]
The Plaintiff is represented by:
John D. Blythin, Esq.
ADEMI LLP
3620 E. Layton Ave.
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
MINDGEEK USA: Appeals Class Cert. Ruling in Sex Trafficking Suit
----------------------------------------------------------------
MindGeek USA Incorporated, et al., filed an appeal from the
District Court's November 17, 2023 Order entered in the lawsuit
entitled JANE DOE, on behalf of herself and all others similarly
situated, v. MINDGEEK USA INCORPORATED, MINDGEEK S.A.R.L., MG
FREESITES, LTD, D/B/A PORNHUB, MG FREESITES II, LTD, MG CONTENT RT
LIMITED, and 9219-1568 QUEBEC, INC. D/B/A MINDGEEK, Case No.
2:21-cv-04920-CJC-ADS, in the United States District Court for the
Central District of California.
MindGeek operates adult-content websites, including Pornhub, where
third parties can upload videos. According to the Plaintiff, her
high school ex-boyfriend made videos of them having sex when she
was underage, and, over four years after they broke up, he uploaded
the videos to various websites, including Pornhub. The Plaintiff
brought this suit against the Defendants for sex trafficking in
violation of 18 U.S.C. Sections 1591 and 1595, for receipt,
transport, and possession of child pornography in violation of 18
U.S.C. Sections 2252, 2252A, and 2255, racketeering in violation of
18 U.S.C. Section 1962, and state statutory and common law
violations.
On November 17, 2023, the District Court certified a class that
Plaintiff Jane Doe contends contains tens of thousands of
individuals asserting claims for sex trafficking and receipt and
distribution of child sexual abuse material based on videos third
parties posted to MindGeek's adult-content websites.
The appellate case is captioned as Doe v. MindGeek USA
Incorporated, et al., Case No. 23-3909, in the United States Court
of Appeals for the Ninth Circuit, filed on Dec. 1, 2023.[BN]
Defendants and Petitioners MindGeek USA Incorporated; MindGeek
S.a.r.l.; MG Freesites, Ltd.; MG Freesites II, Ltd.; MG Content RT
Limited; and 9219-1568 Quebec, Inc., are represented by:
Derek L. Shaffer, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
1300 I Street NW, Suite 900
Washington, DC 20005
Telephone: (202) 538-8000
- and -
Michael T. Zeller, Esq.
Michael E. Williams, Esq.
Dylan C. Bonfigli, Esq.
Julian Schoen, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 So. Figueroa Street, 10th Floor
Los Angeles, CA 90017
Telephone: (213) 443-3000
MISSISSIPPI BEHAVIORAL: Class Cert Bid Filing Extended to May 1
---------------------------------------------------------------
In the class action lawsuit captioned as Jackson, et al., v.
Mississippi Behavioral Health Services, LLC, Case No. 3:22-cv-00697
(S.D. Miss., Filed by Dec. 2, 2022), the Hon. Judge Carlton W.
Reeves entered an order extending the deadline class certification
discovery to March 5, 2024.
-- The deadline for Plaintiffs to file a motion for class
certification is extended to May 1, 2024, and the motion shall
not
exceed 40 pages.
-- The Defendant's response to the motion is due 14 days after the
motion is filed and shall not exceed 40 pages.
The suit alleges violation of the Fair Labor Standards Act.
Mississippi Behavioral provides behavioral rehabilitation
services.[CC]
MKS INSTRUMENTS: Class Certification Bid Filing Due Dec. 16
-----------------------------------------------------------
In the class action lawsuit captioned as John Doe v. MKS
Instruments Inc. et al., Case No. 8:23-cv-00868 (C.D. Cal., Filed
May 18, 2023), the Hon. Judge Cormac J. Carney entered a scheduling
order as follows:
-- Class Certification Motion Deadline: Dec. 16, 2024
-- Discovery cut-off: May 15, 2025
-- Last date to hear motions is: July 14, 2025
-- Last date to conduct settlement May 29, 2025
conference is:
-- Pretrial Conference set for: Sept. 15, 2025
The nature of suit states contract.
MKS develops, manufactures, and supplies instruments and components
used to control and analyze gases.[CC]
MOSES & SINGER: Daneshrad Sues Over Gender Discrimination
---------------------------------------------------------
Megan Daneshrad, individually, and on behalf of similarly situated
female employees v. MOSES & SINGER LLP, DEAN SWAGERT, in his
personal and professional capacities, DAVID LACKOWITZ, in his
personal and professional capacities, PAUL RODER, in his personal
and professional capacities, and PHILIPPE ZIMMERMAN, in his
personal and professional capacities, Case No. 1:23-cv-11056
(S.D.N.Y., Dec. 21, 2023), is brought against the Defendants
systemic gender discrimination, unequal pay, and sexual
harassment.
Moses Singer terminated Ms. Daneshrad, a partner at the law firm,
shortly after she requested pregnancy medical accommodations in
writing for severe morning sickness, received none, and then
tragically lost her pregnancy. Ms. Daneshrad faced systemic gender
discrimination at Moses Singer throughout her tenure, pervaded by
unequal pay, sexual harassment, unfavorable work assignments, and
an ultimately discriminatory and retaliatory termination in October
2023. Ms. Daneshrad repeatedly brought the discrimination she
experienced to the firm's attention but was met with indifference
and victim-blaming by Moses Singer's senior leadership, including
Managing Partner Dean Swagert, Litigation Co-Chair David Lackowitz,
and Litigation Co-Chair Philippe Zimmerman.
Despite regularly expressing her interest in substantive work, Ms.
Daneshrad was consistently overlooked in favor of junior male
attorneys, creating a pattern of discriminatory work assignment
practices. After Ms. Daneshrad volunteered for trial experience
that male associates junior to her were given, Defendant Philippe
Zimmerman instead sent her to the doldrums of fee arbitrations,
which Moses Singer brings against its clients. Upon disclosing her
first pregnancy to Moses Singer, Ms. Daneshrad faced increased
discrimination, and then received even fewer substantive work
opportunities. The hostility toward her based on gender, sex,
family status, and pregnancy status escalated during her maternity
leave with defendants demanding her presence at the office during
her maternity leave for trivial matters.
Upon return from maternity leave, Plaintiff kept facing biased
treatment, including disparaging comments about the leave she took,
discriminatory performance evaluations, and unjustified denial of
substantive work assignments. In one interaction, a male colleague
told Ms. Daneshrad, "Go back to being a good mommy," after she had
assisted with a client matter outside of work hours while sick with
RSV and caring for her ill infant simultaneously. Rather than be
heralded for this feat, Ms. Daneshrad was mocked for being a
working mother. When Ms. Daneshrad reported this incident to a
colleague, the colleague told her that the same lawyer had made an
identical comment to her, that she had complained to Managing
Partner Dean Swagert, and that Mr. Swagert had done nothing in
response.
Beyond the horrible conditions Ms. Daneshrad experienced during and
after her pregnancies, she also endured a pervasive hostile work
environment, exemplified by incidents involving senior partners
Alan Kolod, Paul Roder, and another senior male partner. Mr. Kolod,
for example, disrobed down to his underwear in front of Ms.
Daneshrad during a client outing. A colleague in attendance was so
shocked by Mr. Kolod's disrobing in front of Ms. Daneshrad that
afterward this colleague pulled her aside and asked if she was
okay.
After firing Ms. Daneshrad without notice, Defendants, in evidence
of their guilt, attempted to buy Ms. Daneshrad's silence. Prior to
Ms. Daneshrad hiring a lawyer, Defendants offered Ms. Daneshrad an
insulting less than four months salary of her already
discriminatorily low pay, in return for her signing an agreement
that she would not speak disparagingly about Moses Singer and
members of the firm who had harassed and wronged her, says the
complaint.
The Plaintiff is a resident of the City and State of New York and
was employed by the Defendants in New York City from June 2014
through October 2023.
Moses & Singer LLP is a law firm with its principal place of
business located in New York City.[BN]
The Plaintiff is represented by:
Shane Seppinni, Esq.
SEPPINNI LAW
40 Broad St., 7th Fl.
New York, NY 10004
Phone: (212) 859-5085
Email: shane@seppinnilaw.com
MOSQUITO SQUAD: Settlement Deal in Lenorowitz Gets Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as SAMUEL LENOROWITZ,
Individually and on behalf of all others similarly situated, v.
MOSQUITO SQUAD FRANCHISING, LLC; MOSQUITO SQUAD OF FAIRFIELD AND
WESTCHESTER COUNTY; and JOHN DOES 1-25, Case No. 3:20-cv-01922-OAW
(D. Conn.), the Plaintiff asks the Court to enter an order granting
preliminary approval of the Settlement Agreement
Each class member who submits a valid claim will receive either
$90.00 in the form of the Claim Settlement Check or a Pest
Treatment Voucher valued at $189.00, depending upon which option
they choose.
Thus, the amount each Settlement Class member shall receive is
fair, reasonable, and adequate given the purposes of the TCPA and
the risk, expense, and uncertainty of continued litigation.
The Parties desire to settle and compromise the litigation on the
terms and conditions embodied in the Settlement Agreement and agree
as follows:
(a) Settlement Class Certification:
-- The Parties have stipulated to certification, subject to
court approval, of the following class for settlement
purposes only.
-- All persons within the United States, other than any of
Plaintiff's counsel, who received a pre-recorded voice
message, on either a cellular phone or a residential
landline, from or on behalf of the Defendant, placed via
the
Mobile Sphere platform, marketing or promoting
Defendant’s
services during the time period of April 1, 2019 to the
present.
-- During discovery, the Plaintiff undertook extensive
efforts
to determine the number of individuals who received the
pre-
recorded voice messages at issue and the relevant time
frame
at issue.
(b) Settlement Class Recovery. The proposed Settlement
establishes
a class settlement which the Class Administrator, Kroll
Settlement Administration, LLC will distribute among those
Settlement Class Members who submit valid claims, and who do
not exclude themselves from the Settlement.
(c) Each Settlement Class Member who submits a valid claim will
be
allowed to choose between either a $90.00 Claim Settlement
Check or a Pest Treatment Voucher valued at $189.00.
(d) Settlement Class Claimants who choose to receive the $90.00
option will receive a Claim Settlement Check, which will be
void one hundred and 180 days from the date it is issued.
(e) Attorneys' Fees and Costs. Plaintiff shall move the Court
for
an award of Attorneys' Fees and Expenses in an amount not to
exceed $380,000. Defendant has agreed not to oppose this
motion.
Mosquito Squad is a mosquito control, pest repellent, and tick
prevention franchise.
A copy of the Plaintiff's motion dated Dec. 14, 2023 is available
from PacerMonitor.com at https://bit.ly/48zzMLg at no extra
charge.[CC]
The Plaintiff is represented by:
Ari H. Marcus, Esq.
Yitzchak Zelman, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
E-mail: Ari@MarcusZelman.com
yzelman@MarcusZelman.com
NATIONAL INSTRUMENTS: Faces Fraud Suit Over Deflated Stock Prices
-----------------------------------------------------------------
WATERFORD TOWNSHIP POLICE & FIRE RETIREMENT SYSTEM, on behalf of
itself and all others similarly situated v. NATIONAL INSTRUMENTS
CORPORATION, EMERSON ELECTRIC CO., ERIC STARKLOFF, KAREN RAPP, and
DANIEL BERENBAUM, Case No. 1:23-cv-10488 (S.D.N.Y., Nov. 30, 2023)
is a securities fraud class action on behalf of all sellers of the
common stock of NATI between May 25, 2022 and January 17, 2023,
inclusive, seeking to pursue remedies under the Securities Exchange
Act of 1934.
The Defendants allegedly engaged in a scheme to deceive the market
and a course of conduct that artificially deflated the prices of
NATI common stock and operated as a fraud or deceit on sellers of
NATI common stock. When the truth about the Defendants' misconduct
and omissions was revealed, the price of NATI common stock
increased precipitously as the prior artificial deflation came
out.
Since October 2023, NATI operates as Emerson Electric Co.'s Test
and Measurement business unit after getting acquired by Emerson.
During the Class Period, NATI common stock traded in an efficient
market on the Nasdaq under the ticker symbol "NATI." As of February
13, 2023, there were approximately 131.5 million shares of NATI
common stock issued and outstanding.
The lawsuit asserts that the Individual Defendants made, or caused
to be made, false statements and/or omitted to disclose material
information that artificially deflated the price of NATI common
stock during the Class Period.
The Plaintiff and other members of the Class who sold shares of
NATI common stock: have suffered damages because they relied upon
the integrity of the market and sold shares of NATI common stock at
artificially deflated prices as a result of the violations of
sections 10(b) and Rule 10b-5; and would not have sold NATI common
stock at the prices they sold at, or at all, if they had been aware
that the market prices had been artificially and falsely deflated
by the Defendants' concealment. At the time of the sales by the
Plaintiff and members of the Class, the fair and true value of NATI
common stock was substantially more than the prices they sold the
shares at, the lawsuit says.
As a direct and proximate result of the Defendant's wrongful
conduct, the plaintiff and the other members of the Class suffered
damages in connection with their sales of NATI common stock during
the Class Period, added the lawsuit.
National Instruments is a producer of automated test equipment and
virtual instrumentation software.[BN]
The Plaintiff is represented by:
Samuel H. Rudman, Esq.
Mario Alba Jr., Esq.
Mary K. Blasy, Esq.
ROBBINS GELLER RUDMAN & DOWD, LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
E-mail: srudman@rgrdlaw.com
malba@rgrdlaw.com
mblasy@rgrdlaw.com
- and -
Robert C. Finkel, Esq.
Joshua W. Ruthizer, Esq.
Adam Savett, Esq.
WOLF POPPER LLP
845 Third Avenue, 12th Floor
New York, NY 10022
Telephone: (212) 759-4600
Facsimile: (212) 486-2093
E-mail: rfinkel@wolfpopper.com
jruthizer@wolfpopper.com
asavett@wolfpopper.com
- and -
Thomas C. Michaud, Esq.
VANOVERBEKE, MICHAUD & TIMMONY, P.C.
79 Alfred Street
Detroit, MI 48201
Telephone: (313) 578-1200
Facsimile: (313) 578-1201
E-mail: tmichaud@vmtlaw.com
NATIONS ROOF: Filing for Class Cert Bid Modified to Sept. 13
------------------------------------------------------------
In the class action lawsuit captioned as Pelayo v. Nations Roof
West, LLC, Case No. 1:23-cv-00948 (E.D. Cal., Filed by June 23,
2023), the Hon. Judge entered an order modifying the scheduling
order as follows:
1. The deadline for discovery on July 26, 2024
Plaintiff's merits and class
certification is extended to:
2. The deadline for Plaintiff to file Sept. 13,
2024
a motion for class certification
is extended to:
The suit alleges violation of the Labor / Management Relations.
Nations Roof is a GAF certified roofing contractor.[CC]
NEW YORK: Court Tosses Hamlett v. Jacob for Failure to State Claim
------------------------------------------------------------------
Chief District Judge Laura Taylor Swain of the U.S. District Court
for the Southern District of New York dismisses for failure to
state a claim the lawsuit titled SHAWN HAMLETT, Plaintiff v.
CORRECTION OFFICER JACOB; KEITH W. GUERRANT IGRC, Defendants, Case
No. 1:23-cv-05598-LTS (S.D.N.Y.).
The Plaintiff, who currently is incarcerated at the Charlotte
Correctional Institution, in Punta Gorda, Florida, brings this
action, pro se, under 42 U.S.C. Section 1983. He asserts a claim
arising from the alleged use of force on April 23, 2003, when he
was detained on Rikers Island. He claims that this use of force
claim was settled in the now-closed class action, Ingles v. City of
New York, No. 01-CV-8279 (S.D.N.Y. Apr. 4, 2006). He also claims
that he had expected to receive a settlement check in 2005, but he
never received any money or information about the Ingles
settlement.
In another action pending before the Court, Hamlett v. City of New
York, ECF 1:23-CV-5809, 1 ("Hamlett II"), the Plaintiff asserts
claims concerning his security classification during his detention
on Rikers Island, from March 1998 to June 2003. He similarly argues
that he expected a settlement check from a class action lawsuit
challenging security classifications at Rikers'
facilities—possibly, Benjamin v. Horn, No. 75-CV-3037 (LAP)—but
that he never received a settlement check from that action either.
The Plaintiff also states that the class action lawsuit regarding
security classifications on Rikers Island was filed in the Eastern
District of New York, but he does not identify that case either. It
is unclear whether he was a class member of either class action.
Benjamin v. Horn is pending in this Court before the Honorable
Loretta A. Preska.
On Oct. 16, 2023, the Court directed the Plaintiff to show cause,
by filing a declaration within 30 days, why the action should not
be dismissed as time barred because the doctrine of equitable
tolling should toll the limitation period.
On Nov. 21, 2023, the Court received two declarations from the
Plaintiff, both filed in the Hamlett II case. The Court has
reviewed both declarations and concludes that the Plaintiff does
not state facts suggesting that the doctrine of equitable tolling
should apply in this case. The Court, therefore, finds that the
action is barred under the statute of limitations and dismisses the
action for failure to state a claim, without prejudice to the
Plaintiff's pursuing the relief he seeks in Ingles.
To ensure that the Plaintiff may pursue such relief, the Court
directs the Clerk of Court to reassign Ingles to a district judge,
in accordance with the Local Rules for the Division of Business
Among District Judges. The Court offers no opinion as to whether
the Plaintiff is entitled to any relief. Rather, the Court intends
to provide the Plaintiff the opportunity to raise his arguments in
the underlying class action lawsuit.
The Plaintiff initiated this action on June 28, 2023. He asserts
excessive force claims that allegedly occurred on April 23, 2003.
He alleges that in 2005, he intended to file an action in this
Court, regarding that alleged assault, but that an attorney, John
Boston, advised him that he should not pursue relief on his own but
rather become a class member of the Ingles class action, and
receive a settlement from that action.
The Plaintiff also alleges that Boston promised the Plaintiff that
he would mail him a settlement check, but he never received any
money. The Plaintiff filed this action seeking money damages from
the two officers he claims assaulted him on April 23, 2003. In the
Court's order directing the Plaintiff to show cause why this action
should not be dismissed as time barred, the Court noted that the
action can only proceed if the Plaintiff can show that the doctrine
of equitable tolling applies.
The Court concluded that the Plaintiff did not allege facts
suggesting that the statute of limitations should be equitably
tolled because his reasons for his delay in filing this action did
not rise to the level of compelling circumstances. The Court
considered the Plaintiff's claim that he delayed filing this action
because he was unable to identify Boston or the name of the class
action case, finding that these two factors did not prevent the
Plaintiff from filing his own lawsuit.
In the Plaintiff's declarations, he restates the facts alleged in
the complaint and attaches documentation that he had attached to
his complaint, indicating that he requested information regarding
the two class action lawsuits from the Clerk's Office of this
Court, Prisoners' Legal Services, and the Eastern District of New
York, starting on Nov. 30, 2022.
The Court finds that the reasons offered by the Plaintiff do not
include a compelling reason why he did not file his own lawsuit
within the three-year limitations period.
This action is, therefore, time barred, and the Court dismisses it
for failure to state a claim, 28 U.S.C. Section 1915(e)(2)(B)(ii).
This action is dismissed without prejudice to the Plaintiff's
seeking relief in the Ingles case.
Judge Swain rules that the complaint, filed in forma pauperis under
28 U.S.C. Section 1915(a)(1), is dismissed for failure to state a
claim under 28 U.S.C. Section 1915(e)(2)(B)(ii), without prejudice
to the Plaintiff's seeking relief in the Ingles case. The Court
directs the Clerk of Court to reassign the Ingles case to a
district judge, in accordance with the Local Rules for the Division
of Business Among District Judges.
The Court certifies under 28 U.S.C. Section 1915(a)(3) that any
appeal from this order would not be taken in good faith, and
therefore, in forma pauperis status is denied for the purpose of an
appeal.
The Court directs the Clerk of Court to enter judgment in this
case.
A full-text copy of the Court's Order dated Dec. 11, 2023, is
available at http://tinyurl.com/2aszbd2efrom PacerMonitor.com.
NEW YORK: Fails to Pay Proper Wages, Gonzalez Suit Alleges
----------------------------------------------------------
ABRAHAM GONZALEZ; and EFRAIN ZAMORA NENDIETA, individually and on
behalf of all others similarly situated, Plaintiffs v. NEW YORK
INTERNATIONAL BAGEL & COFFEE INC.; and MAHMOUD E. ISRAEL,
Defendants, Case No. 726257/2023 (N.Y., Sup., Queens Cty., Dec. 12,
2023) seeks to recover from the Defendants unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs
The Plaintiffs are employed by the Defendants as cleaners of push
carts.
NEW YORK INTERNATIONAL BAGEL & COFFEE INC. owns and operates a
street vendor and food cart services business in Long Island City,
New York. [BN]
The Plaintiffs are represented by:
Michael Samuel, Esq.
THE SAMUEL LAW FIRM
1441 Broadway
Suite 6085
New York, NY 10018
Telephone: (212) 563-9884
NEW YORK: Plaintiffs' Bid to Compel Depositions OK'd
-----------------------------------------------------
In the class action lawsuit captioned as C.K. through his next
friend P.K., C.W. through her next friend P.W., for themselves and
those similarly situated, C.X., through her next friend P.X., C.Y.,
through his next friend P.Y., for themselves and those similarly
situated, v. JAMES V. MCDONALD, in his official capacity as the
Commissioner of the New York State Department of Health, and ANN
MARIE T. SULLIVAN, in her official capacity as Commissioner of the
New York State Office of Mental Health, Case No.
2:22-cv-01791-NJC-JMW (E.D.N.Y.), the Hon. Judge James M. Wicks
entered an order:
-- Granting the Plaintiffs' motion to compel the depositions; and
-- Denying the Defendants' cross-motion for a protective order.
The Plaintiffs are directed to complete the depositions of
Commissioner McDonald and Commissioner Sullivan on or before the
close of discovery.
The Court assumes the parties' familiarity with the factual and
procedural background of this case, as outlined in the
undersigned’s Memorandum and Order dated June 20, 2023.
The Plaintiffs commenced this putative class action seeking
declaratory and injunctive relief and asserting various causes of
action against Defendants related to New York States alleged
failure to provide mental health services to Medicaid-eligible
children.
The Plaintiffs claim that Defendants have violated the Early and
Periodic Screening, Diagnostic, and Treatment Services provisions
of the Medicaid Act, 42 U.S.C.
A copy of the Court's order dated Dec. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3RFJHIp at no extra charge.[CC]
NORTHVIEW VILLAGE: Layoffs Without Advance Notice, Hawthorne Says
-----------------------------------------------------------------
CAROLYN HAWTHORNE, individually and on behalf of all others
similarly situated, Plaintiff v. NORTHVIEW VILLAGE, INC. d/b/a
NORTHVIEW VILLAGE, HEALTHCARE ACCOUNTING SERVICES, LLC, and
NORTHVIEW VILLAGE CENTER LIMITED PARTNERSHIP, Defendants, Case No.
4:23-cv-01711 (E.D. Mo., December 22, 2023) is a class action
against the Defendants for laying off a large number of employees,
including the Plaintiff, without providing the 60 days advance
written notice as required by the Worker Adjustment and Retraining
Notification Act.
The Plaintiff was employed by Northview Village Nursing Home at the
St. Louis, Missouri facility until the termination of her
employment through the mass layoff on December 15, 2023.
Northview Village, Inc., doing business as Northview Village, is a
provider of inpatient nursing and rehabilitative services based in
Missouri.
Healthcare Accounting Services, LLC is an operator of skilled
nursing and rehabilitation facilities in Missouri.
Northview Village Center Limited Partnership is a provider of
inpatient nursing and rehabilitative services based in Missouri.
[BN]
The Plaintiff is represented by:
John F. Garvey, Esq.
Colleen Garvey, Esq.
Ellen A. Thomas, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
Peabody Plaza
701 Market Street, Suite 1510
St. Louis, MO 63101
Telephone: (314) 390-6750
E-mail: jgarvey@stranchlaw.com
cgarvey@stranchlaw.com
ethomas@stranchlaw.com
- and -
J. Gerard Stranch, IV, Esq.
Michael C. Iadevaia, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: gstranch@stranchlaw.com
miadevaia@stranchlaw.com
- and -
Christopher N. Grant, Esq.
SCHUCHAT, COOK & WERNER
555 Washington Ave, Ste. 520
St. Louis, MO, 63101
Telephone: (314) 621-2626
Facsimile: (314) 621-2378
E-mail: cng@scwattorney.com
O.E. CONTRACTING: Fails to Pay Mason's OT Wages Under FLSA, NYLL
----------------------------------------------------------------
FABIAN ORLANDO ROJAS SANCHEZ, LILIANA KATHERIN ROJAS SANCHEZ, JIMMY
ALEXANDER VARGAS PENAGOS, DANIEL STIVEN CUESTA RUIZ, and JHON JAIRO
SANABRIA SALAMANCA, individually and on behalf of all others
similarly situated v. O.E. CONTRACTING SOLUTIONS LLC and WILFREDO
GARCIA, as an individual, Case No. 1:23-cv-10463 (S.D.N.Y., Nov.
30, 2023) alleges that the Defendants willfully failed to pay the
Plaintiffs overtime wages, in violation of the Fair Labor Standards
Act and New York Labor Law.
Although Plaintiff Sanchez regularly worked 51-65 hours or more
hours per week from November 2021 until May 2023, the Defendants
did not pay him at a wage rate of time and a half (1.5) for his
hours regularly worked over 40 hours in a work week, the lawsuit
claims.
Additionally, Plaintiff Sanchez was not compensated at all by the
Defendants for his last nine (9) work weeks of employment. Further,
the Plaintiff was not reimbursed for $1,000.00 for construction
materials expenses that he was required to purchase for the
business. As a result of the violations of Federal and New York
State labor laws, the Plaintiffs seek compensatory damages and
liquidated damages. The Plaintiffs also seek interest, attorneys'
fees, costs, and all other legal and equitable remedies this Court
deems appropriate, says the suit.
Plaintiff Fabian Orlando Rojas Sanchez was employed by the O.E.
Contracting Solutions as a mason while performing related
miscellaneous duties for the Defendants, from November 2021 until
May 2023.
OE Contracting provides home improvement service.[BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
ON SEMICONDUCTOR CORP: Hubacek Alleges Securities Law Violations
----------------------------------------------------------------
PHILIP R. HUBACEK, Individually and on Behalf of All Others
Similarly Situated, Plaintiff, v. ON SEMICONDUCTOR CORPORATION,
HASSANE EL-KHOURY, THAD TRENT, and SIMON KEETON, Defendants, Case
No. 1:23-cv-01429-UNA (D. Del., December 13, 2023) asserts claims
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10-b5.
The class action arises from Defendants' alleged repeated
misrepresentations to investors regarding the "stability" and
"visibility" of the demand for ON Semiconductor Corporation's
products that incorporate silicon carbide and other products, and
the sustainability of its revenue growth, by overstating the impact
of the its long-term supply agreements on the achievability of its
revenue streams.
Headquartered in Scottsdale, AZ, ON Semiconductor Corporation
manufactures and sells semiconductor components for various
electronic devices worldwide, including power and sensing
solutions, and technologies for the electrification of the
automotive industry. [BN]
The Plaintiff is represented by:
Gregory V. Varallo, Esq.
Andrew Blumberg, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
500 Delaware Avenue, Suite 901
Wilmington, DE 19801
Telephone: (302) 364-3600
E-mail: greg.varallo@blbglaw.com
andrew.blumberg@blbglaw.com
- and -
Naumon A. Amjed, Esq.
Ryan T. Degnan, Esq.
Jonathan Z. Naji, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
Facsimile: (610) 667-7056
E-mail: namjed@ktmc.com
rdegnan@ktmc.com
jnaji@ktmc.com
ONE CALL CONCEPTS: Hudson Sues Over Untimely Wage Payments
----------------------------------------------------------
RAYMOND HUDSON, individually and for all others similarly situated
v. ONE CALL CONCEPTS LOCATING SERVICES, INC., Case No.
2:23-cv-09170 (E.D.N.Y., December 14, 2023) seeks to recover
untimely wages and other damages from One Call Concepts Locating
Services, Inc. in connection with its violations of the New York
Labor Law.
One Call employed Hudson as one of its hourly utility locators in
and around Suffolk County, New York. Despite being manual workers,
One Call failed to properly pay Hudson and its other hourly utility
locators their wages within seven calendar days after the end of
the week in which they earned such wages. Instead, One Call
uniformly paid Hudson and its other hourly utility locators on a
bi-weekly basis, says the suit.
Headquartered in Hanover, MD, One Call provides damage prevention
support that aims to protect underground utilities across the
country, including in New York. [BN]
The Plaintiff is represented by:
Brent E. Pelton, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Telephone: (212) 385-9700
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston,TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
PARKSIDE PUPS: Godoy Alleges Labor Law Breaches
-----------------------------------------------
Raphaella Godoy, on behalf of herself and others similarly situated
in the proposed FLSA Collective Action, Plaintiff v. Parkside Pups,
LLC, and Michael Josephs, Defendants, Case No. 1:23-cv-09183
(E.D.N.Y., December 14, 2023) seeks injunctive and declaratory
relief and to recover unpaid minimum wages, overtime wages,
liquidated and statutory damages, pre- and post-judgment interest,
and attorneys' fees and costs pursuant to the Fair Labor Standards
Act, New York Labor Law, and the NYLL's Wage Theft Prevention Act.
The Plaintiff was employed as a dog walker at Parkside Pups, from
on or around January 30, 2023 to, through and including, October
24, 2023. However, the Defendants have implemented a policy and
practice of paying Plaintiff a flat rate, regardless of how many
additional hours she worked in a week. In addition, Defendants
maintained a policy and practice of unlawfully appropriating
Plaintiff's tipped wages, says the suit.
Headquartered in Brooklyn, NY, Parkside Pups is a foreign limited
liability company that offers dog walking, pet sitting, and
training services. [BN]
The Plaintiff is represented by:
Jason Mizrahi, Esq.
Joshua Levin-Epstein, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Telephone: (212) 792-0048
E-mail: Jason@levinepstein.com
PELOTON INTERACTIVE: Boone et al. Allege Breach of Fiduciary Duty
-----------------------------------------------------------------
ERIC GILBERT, on behalf of himself and all similarly situated
stockholders of PELOTON INTERACTIVE, INC., Plaintiff v. KAREN
BOONE, JON CALLAGHAN, JAY HOAG, BARRY MCCARTHY, ANGEL MENDEZ,
JONATHAN MILDENHALL, PAMELA THOMAS-GRAHAM and PELOTON INTERACTIVE,
INC., Defendants, Case No. 2023-1246 (Del. Ch., December 13, 2023)
seeks declaratory relief invalidating the Company's Advance Notice
Bylaw as well as asserts a claim for breach of fiduciary duty
against the Director Defendants.
The Plaintiff has been a Peloton stockholder since at least January
28, 2022. He alleges that the Company's Advance Notice Bylaw
contains certain provisions that serve as an unlawful deterrent to
those seeking to meaningfully participate in the nomination
process--a fundamental right of stockholders of a Delaware
corporation.
Headquartered in New York, Peloton is a global fitness company.
[BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Lindsay K. Faccenda, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Telephone: (302)499-3600
E-mail: kim@blockleviton.com
lindsay@blockleviton.com
robby@blockleviton.com
- and -
Jason Leviton, Esq.
Joel Fleming, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
- and -
Abbott Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street Suite 700R
Stamford, CT 06902
- and -
D. Seamus Kaskela Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Boulevard, Suite 100
Newtown Square, PA 19073
Telephone: (888) 715-1740
PENTAGON FEDERAL: Filing for Class Cert Bids Due Dec. 18
--------------------------------------------------------
In the class action lawsuit captioned as PANGNHIA VUE, v. PENTAGON
FEDERAL CREDIT UNION, Case No. 1:21-cv-01063-JLT-SAB (E.D .Cal.),
the Hon. Judge Stanley A. Boone entered a scheduling order as
follows:
-- Initial Disclosures: Completed
-- Non-Expert Discovery: Oct. 11, 2024
-- Expert Disclosure: Feb. 9, 2024
-- Rebuttal Expert Disclosure: June 21, 2024
-- Expert Discovery: Nov. 8, 2024
-- Class Certification Motions Deadline:
Filing: Dec. 18, 2024
Hearing: Pursuant to Local
Rules
A copy of the Court's order dated Dec. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3v0bITq at no extra charge.[CC]
PETROLEX II LLC: Sells Below Standard Heating Oil, Kelly Alleges
----------------------------------------------------------------
SEAN KELLY and CATHRYN KELLY, on behalf of themselves and all
others similarly situated, Plaintiffs v. PETROLEX II, LLC, d/b/a CK
SMITH SUPERIOR and JOHN C SANTORO, Defendants, Case No.
4:23-cv-40175-DHH (D. Mass., December 12, 2023) is a class action
against the Defendants for breach of contract, fraud, and
negligence.
The case arises from the Defendants' selling of heating fuel that
contained more than 5 percent biodiesel, which was incompatible
with customers' heating equipment and less efficient than
industry-standard heating oil. The Defendants failed to disclose to
their customers that their heating equipment was being adjusted in
a manner that was inconsistent with manufacturer specifications. As
a result, customers are exposed to combustion risk as they are not
aware how to handle biodiesel-soaked rags and absorbents carefully.
Thus, it cost customers more to heat their homes/businesses with CK
Smith's fuel than with the industry-standard heating oil, says the
suit.
Petrolex II, LLC, doing business as CK Smith Superior, is a home
heating oil delivery provider based in Millbury, Massachusetts.
[BN]
The Plaintiffs are represented by:
Jeffrey S. Strom, Esq.
LAW OFFICE OF JEFFREY S. STROM
P.O. Box 916
Boylston, MA 01505
Telephone: (508) 925-5525
E-mail: jeffrey@jeffreystromlaw.com
- and -
John Regan, Esq.
ERG, LLC
185 Devonshire Street, Ste. 200
Boston, MA 02110
Telephone: (857) 277-0902
Facsimile: (857) 233-5287
E-mail: jregan@maemployeerights.com
PETSMART LLC: Bid for Arbitration in Jenkins Suit Granted in Part
-----------------------------------------------------------------
Judge Mark A. Kearney of the U.S. District Court for the Eastern
District of Pennsylvania grants in part and denies in part the
Defendant's renewed motion to compel arbitration and dismiss the
lawsuit entitled TAMAYAH JENKINS v. PETSMART, LLC, Case No.
2:23-cv-02260-MAK (E.D. Pa.).
The Court considers the Defendant's renewed motion to compel
arbitration and dismiss filed after affording the parties written
and deposition discovery into the Plaintiff's unconscionability
defenses under the Court's Sept. 18, 2023 Order, the Plaintiff's
Opposition, the Defendant's Reply, noting the parties do not offer
substantial evidence from the allowed discovery, for reasons in
accompanying Memorandum, and mindful of the collective obligations
under Federal Rule 1 to ensure the oft-cited purposes of
arbitration by monitoring cases stayed while remaining open on the
dockets awaiting contractually mandated arbitration of threshold
arbitrability issues.
Judge Kearney holds that the Defendant's Motion is granted in part
but denied as to dismissal at this early stage subject to progress
in the arbitration requiring:
1. The parties will forthwith proceed to arbitration
consistent with the parties' dispute resolution agreement
on the Plaintiff's claims and confirm beginning the process
by no later than Dec. 21, 2023;
2. The Court strikes the Plaintiff's class action allegations;
3. The Court finds the mass arbitration provision is not
substantively unconscionable and remains in effect subject
to later review;
4. The Court denies dismissal absent a Rule 41 stipulation,
but the Clerk of Court will place this matter on suspense
docket to allow the parties to proceed in contractual
arbitration and then timely return to dismiss, vacate, or
enforce a final award mindful extended delay in delayed
arbitration processes may run contrary to the established
oft-cited purposes of arbitration and Federal Rule of Civil
Procedure 1, requiring:
a. the Plaintiff files a Notice not exceeding two pages
confirming the filing of the arbitration under this
Order by no later than Dec. 27, 2023;
b. the Defendant file joint status memoranda not exceeding
five pages on Feb. 15, 2024, and every forty-five days
thereafter confirming the parties' and arbitrator's
specific progress until final award or dismissal in the
arbitration;
c. the Defendants will file a Notice within three days of a
dismissal or a final award; and,
5. Mindful the parties would likely secure a final order in
the Court before May 31, 2024, absent the
contractually-mandated arbitration, the Court grants the
parties leave to show cause in memoranda not exceeding ten
pages filed on or before June 7, 2024, as to why the Court
should not dismiss this case without prejudice to filing a
new related action solely to enforce or vacate the final
arbitration award without the concerns under Rule 1 should
they be unable to earlier move to enforce or vacate.
A full-text copy of the Court's Order dated Dec. 11, 2023, is
available at http://tinyurl.com/5ef6ahpcfrom PacerMonitor.com.
PIXELLE SPECIALTY: Godfriaux Wage-and-Hour Suit Removed to E.D. Pa.
-------------------------------------------------------------------
The case styled RYAN GODFRIAUX, individually and on behalf of all
others similarly situated v. PIXELLE SPECIALTY SOLUTIONS, LLC, Case
No. 231102545, was removed from the Philadelphia Court of Common
Pleas to the U.S. District Court for the Eastern District of
Pennsylvania on December 22, 2023.
The Clerk of Court for the Eastern District of Pennsylvania
assigned Case No. 2:23-cv-05104 to the proceeding.
The case arises from the Defendants' violations of the Pennsylvania
Minimum Wage Act and the Pennsylvania Wage Payment Collection Law.
Pixelle Specialty Solutions, LLC is a specialty paper company based
in Pennsylvania. [BN]
The Defendant is represented by:
Joseph J. Centeno, Esq.
Charlene A. Barker Gedeus, Esq.
Rachel E. King, Esq.
BUCHANAN INGERSOLL & ROONEY PC
Two Liberty Place
50 S. 16th Street, Suite 3200
Philadelphia, PA 19102
Telephone: (215) 665-8700
Facsimile: (215) 665-8760
PJ NATIONAL: Faces Ventura Wage-and-Hour Suit in S.D.N.Y.
---------------------------------------------------------
ENGIER VENTURA and STEVEN ROBLES, on behalf of themselves and all
others similarly situated, Plaintiffs v. PJ NATIONAL NEW YORK, LLC;
PJ ELMHURST INC; PJ NATIONAL HOLDINGS, LLC; PJ NATIONAL MANAGEMENT
LLC; PJ NATIONAL BROOKLYN, LLC; PJ NATIONAL BRONX, LLC; and JOHN
DOE RESTAURANTS 1-40, Defendants, Case No. 7:23-cv-10787 (S.D.N.Y.,
December 12, 2023) is a class action against the Defendants for
violations of the Fair Labor Standards Act, the New York Labor Law,
and the New York City Fair Workweek Law.
The case arises from the Defendants' alleged failure to pay minimum
wages, failure to pay overtime wages, failure to provide wage
notice, failure to provide wage statements, unlawful deductions,
failure to provide uniform maintenance pay, failure to pay spread
of hours premium, failure to provide schedules with 14 days notice,
failure to obtain consent for schedule changes, failure to pay
schedule change premiums, failure to pay clopening premiums, and
failure to offer newly available shifts to existing employees.
The Plaintiffs were employed as hourly workers by the Defendants to
perform duties that included making deliveries, customer service,
preparing food, cleaning, and other similar responsibilities.
PJ National New York, LLC is an owner and operator of Papa John's
pizza restaurant, with its principal executive office at 39
Broadway, Suite 1640, New York, New York.
PJ Elmhurst Inc. is an owner and operator of Papa John's pizza
restaurant, with its principal executive office at 306 Melbourne
Road, Great Neck, New York.
PJ National Holdings, LLC is an owner and operator of Papa John's
pizza restaurant, with its principal place of business located at
712 Fifth Avenue, 27th Floor, New York, New York.
PJ National Management LLC is an owner and operator of Papa John's
pizza restaurant, with its principal place of business at 712 Fifth
Avenue, 27th Floor, New York, New York.
PJ National Brooklyn, LLC is an owner and operator of Papa John's
pizza restaurant, with its principal place of business at 529
Stanley Avenue Unit 531, Brooklyn, New York.
PJ National Bronx, LLC is an owner and operator of Papa John's
pizza restaurant, with its principal place of business at P.O. Box
685, Hicksville, New York. [BN]
The Plaintiffs are represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatpllc.com
PLD TRANSPORT INC: Pippen Files FLSA Suit in W.D. Arkansas
----------------------------------------------------------
A class action lawsuit has been filed against PLD Transport, Inc.,
et al. The case is styled as John Pippen, on behalf of himself and
all those similarly situated v. PLD Transport, Inc., John Does
1-10, Case No. 6:23-cv-06143-SOH (W.D. Ark., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
PLD Transport -- https://www.pldtransportinc.com/ -- is a trucking
company that offers temperature-controlled freight technology and
equipment services.[BN]
The Plaintiff is represented by:
Justin L. Swidler, Esq.
SWARTZ SWIDLER LLC
1101 Kings Hwy., N. Ste. 402
Cherry Hill, NJ 08034
Phone: (856) 685-7420
Fax: (856) 685-7417
Email: jswidler@swartz-legal.com
PREMIER INFRASTRUCTURE: Faces Laribee Labor Suit in E.D.N.Y.
------------------------------------------------------------
CHRISTOPHER LARIBEE, individually and on behalf of all others
similarly situated, Plaintiff v. PREMIER INFRASTRUCTURE & ENERGY
LLC, Defendant, Case No. 2:23-cv-09443 (E.D.N.Y., December 21,
2023) is a class action against the Defendant for violations of the
Fair Labor Standards Act and the New York Labor Law including
failure to pay overtime wages and failure to timely pay wages.
The Plaintiff was employed by the Defendant as a utility locator in
and around Onondaga and Oneida Counties, New York from
approximately February 2020 until October 2021.
Premier Infrastructure & Energy LLC is a provider of damage
prevention support and underground utility locating services in New
York. [BN]
The Plaintiff is represented by:
Brent E. Pelton, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Telephone: (212) 385-9700
E-mail: pelton@peltongraham.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
PROCTER & GAMBLE: Pellegrino Balks at Mislabeled Fiber Supplements
------------------------------------------------------------------
REGINA PELLEGRINO, on behalf of herself, all others similarly
situated, and the general public, Plaintiff v. THE PROCTER & GAMBLE
CO., Defendant, Case No. 7:23-cv-10631 (S.D.N.Y., Dec. 6, 2023) is
a class action brought by the Plaintiff, on behalf of herself, all
others similarly situated consumers, for Defendant's unlawful
conduct of deceptively marketing the Metamucil products in
violation of the New York General Business Law.
P&G sells Metamucil, a psyllium fiber supplement, that it markets
as healthy, safe, and effective at providing the touted health
benefits, including "appetite control," "healthy blood sugar
levels," and "digestive health." P&G's health and safety
representations are false or at least highly misleading, however,
because the Metamucil products contain dangerous amounts of lead,
which P&G fails to disclose to consumers, the suit alleges.
The P&G's representations that Metamucil Made with Real Sugar is
effective at providing the touted health benefits of "appetite
control," "healthy blood sugar levels," and "digestive health" are
further false or at least highly misleading because scientific
evidence demonstrates that, due to its added sugar content,
Metamucil Made with Real Sugar actually decreases appetite control,
harms blood sugar levels, and damages digestive health, added the
suit.
Procter & Gamble Co. is an American multinational consumer goods
corporation headquartered in Cincinnati, Ohio.[BN]
The Plaintiff is represented by:
Jack Fitzgerald, Esq.
FITZGERALD JOSEPH LLP
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Telephone: (619) 215-1741
E-mail: jack@fitzgeraldjoseph.com
PROGRESS SOFTWARE: Reetz Files Suit in D. Massachusetts
-------------------------------------------------------
A class action lawsuit has been filed against Progress Software
Corporation, et al. The case is styled as Jessica Reetz,
individually and on behalf of all others similarly situated v.
Progress Software Corporation, Radius Global Solutions, LLC, Case
No. 1:23-cv-13080-ADB (D. Mass., Dec. 13, 2023).
The nature of suit is stated as Other P.I.
Progress Software Corporation -- http://www.progress.com/-- is an
American public company that produces software for creating and
deploying business applications.[BN]
The Plaintiff is represented by:
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street, NW, Ste. 300
Washington, DC 20006
Phone: (202) 540-7200
Fax: (202) 540-7201
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street. Ste 14th Floor
New York, NY 10004
Phone: (646) 357-1100
Fax: (212) 202-4322
Email: snathan@hausfeld.com
- and -
Steven B. Rotman, Esq.
HAUSFELD
One Marina Park Drive, Suite 14010
Boston, MA 02210
Phone: (617) 207-0601
Fax: (617) 830-8312
Email: srotman@hausfeld.com
PROGRESS SOFTWARE: Stewart Files Suit in D. Massachusetts
---------------------------------------------------------
A class action lawsuit has been filed against Progress Software
Corporation, et al. The case is styled as Stephen Stewart,
individually and on behalf of all others similarly situated v.
Progress Software Corporation, Flagstar Bank, N.A., Case No.
1:23-cv-13070 (D. Mass., Dec. 13, 2023).
The nature of suit is stated as Other P.I.
Progress Software Corporation -- http://www.progress.com/-- is an
American public company that produces software for creating and
deploying business applications.[BN]
The Plaintiff is represented by:
Steven B. Rotman, Esq.
HAUSFELD
One Marina Park Drive, Suite 14010
Boston, MA 02210
Phone: (617) 207-0601
Fax: (617) 830-8312
Email: srotman@hausfeld.com
PROGRESS SOFTWARE: Swekoski Files Suit in D. Massachusetts
----------------------------------------------------------
A class action lawsuit has been filed against Progress Software
Corporation, et al. The case is styled as Don G. Swekoski, Jr.,
individually and on behalf of all others similarly situated v.
Progress Software Corporation, Arietis Health, LLC, Case No.
1:23-cv-13077 (D. Mass., Dec. 13, 2023).
The nature of suit is stated as Other P.I.
Progress Software Corporation -- http://www.progress.com/-- is an
American public company that produces software for creating and
deploying business applications.[BN]
The Plaintiff is represented by:
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street, NW, Ste. 300
Washington, DC 20006
Phone: (202) 540-7200
Fax: (202) 540-7201
Email: jpizzirusso@hausfeld.com
- and -
Steven B. Rotman, Esq.
HAUSFELD
One Marina Park Drive, Suite 14010
Boston, MA 02210
Phone: (617) 207-0601
Fax: (617) 830-8312
Email: srotman@hausfeld.com
PROGRESS SOFTWARE: White Files Suit in D. Massachusetts
-------------------------------------------------------
A class action lawsuit has been filed against Progress Software
Corporation, et al. The case is styled as Tiffany White,
individually and on behalf of all others similarly situated v.
Progress Software Corporation, Financial Institution Service Corp,
Case No. 1:23-cv-13059 (D. Mass., Dec. 12, 2023).
The nature of suit is stated as Other P.I.
Progress Software Corporation -- http://www.progress.com/-- is an
American public company that produces software for creating and
deploying business applications.[BN]
The Plaintiff is represented by:
Steven B. Rotman, Esq.
HAUSFELD
One Marina Park Drive, Suite 14010
Boston, MA 02210
Phone: (617) 207-0601
Fax: (617) 830-8312
Email: srotman@hausfeld.com
PROGRESSIVE DIRECT: Dayton Files Suit in Mass. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Progressive Direct
Insurance Company. case is styled as Francis Dayton, on behalf of
himself and all others similarly situated v. Progressive Direct
Insurance Company, Case No. 2381CV03427 (Mass. Super. Ct.,
Middlesex Cty., Dec. 12, 2023).
The case type is stated as "Contract/Business Cases."
Progressive Direct Insurance Company -- http://www.progressive.com/
-- operates as an insurance company. The Company underwrites auto,
fire, marine, and casualty insurance.[BN]
The Plaintiff is represented by:
John Richard Yasi, Esq.
Paul Francis Xavier Yasi, Esq.
FORREST, MAZOW, MCCULLOUGH, YASIANDYASI, PC
2 Salem Green Suite 2
Salem, MA 01970
PROTECTIVE LIFE: Court Stays Vann-Eubanks Suit
----------------------------------------------
In the class action lawsuit captioned as JUDY VANN-EUBANKS and
JANICE SCHMIDT, v. PROTECTIVE LIFE INSURANCE COMPANY, et al., Case
No. 1:21-cv-01784-JLT-CDB (E.D. Cal.), the Court entered an order
granting the Defendants' motion to stay.
-- 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, the Plaintiffs may
seek relief through a motion to lift stay.
A copy of the Court's order dated Dec. 12, 2023 is available from
PacerMonitor.com at https://bit.ly/3GQLnKf at no extra charge.[CC]
PROTHERA INC: Zelvin Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against ProThera, Inc. The
case is styled as Lynn Zelvin, on behalf of himself and all others
similarly situated v. ProThera, Inc., Case No. 1:23-cv-11078
(S.D.N.Y., Dec. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
ProThera -- http://protherainc.com/-- is a company dealing with
formulation and manufacturing of neutraceuticals.[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
RBS CITIZENS: Must Oppose Reinig Class Cert Bid by Jan. 23
----------------------------------------------------------
In the class action lawsuit captioned as REINIG et al v. RBS
CITIZENS, N.A., Case No. 2:15-cv-01541 (W.D. Pa., Filed by Nov. 23,
2015), the Hon. Judge Christy Criswell Wiegand entered an order
granting motion to extend time order on motion for extension of
time to file renewed class certification motion.
-- The Plaintiffs' Motion for Rule 23 Class Certification of PMWA
Regular Rate Claim due by Dec. 22, 2023.
-- The Defendant's Opposition to Plaintiff's Motion due by Jan.
23,
2024.
-- The Plaintiffs must seek leave of court to file a reply if
desired, and any such reply will be due by Feb. 6, 2024.
The suit alleges violation of the Fair Labor Standards Act.
RBS Citizens is an interstate financial institution.[CC]
RCI HOSPITALITY: Mbaye Class Suit Seeks Conditional Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as Elhadji Mbaye, Modou Diop,
Tahirou Diakite, and Talla Samb, on behalf of themselves and others
similarly situated in the proposed FLSA Collective Action, v. RCI
Hospitality Holdings, Inc., Peregrine Enterprises Inc. (d/b/a
Rick's Cabaret New York), RCI 33rd Ventures, Inc. (d/b/a Hoops
Cabaret and
Sports Bar), 48 West 33rd Street Corp. (d/b/a Hoops Cabaret and
Sports Bar), RCI Dining Services (37th Street), Inc. (d/b/a Vivid
Cabaret), Eric Langan, Kes Senevi, Case No. 1:23-cv-02967-DEH
(S.D.N.Y.), the Plaintiffs ask the Court to enter an order granting
their motion for conditional certification pursuant to 29 U.S.C.
section 216(b), and for such other and further relief as the Court
deems just and proper.
RCI Hospitality operates strip clubs, nightclubs, sports
bars/restaurants, and a media and convention company that serves
the adult club industry.
A copy of the Plaintiffs' motion dated Dec. 14, 2023 is available
from PacerMonitor.com at https://bit.ly/48eShVH at no extra
charge.[CC]
The Plaintiffs are represented by:
Jason Mizrahi, Esq.
Joshua Levin-Epstein, Esq.
LEVIN EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
REVOLUTION TRUCKING: Underpays Cargo Van Operators, Loweth Claims
-----------------------------------------------------------------
MORGAN LOWETH, individually and on behalf of all others similarly
situated, Plaintiff v. REVOLUTION TRUCKING, LLC, JAMES ADAMS, and
BRIAN WATSON, Defendants, Case No. 1:23-cv-02438 (N.D. Ohio,
December 24, 2023) is a class action against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
The Plaintiff worked for the Defendants as a cargo van operator
from July 26, 2022 until approximately May of 2023.
Revolution Trucking, LLC is a brokered shipping and trucking
services company, headquartered in Wadsworth, Ohio. [BN]
The Plaintiff is represented by:
Chris P. Wido, Esq.
SPITZ, THE EMPLOYEE'S LAW FIRM
25825 Science Park Drive, Suite 200
Beachwood, OH 44122
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: chris.wido@spitzlawfirm.com
RHINO GUARD: Has Made Unsolicited Calls, Williams Suit Claims
-------------------------------------------------------------
CHRISTINE WILLIAMS, individually and on behalf of all others
similarly situated, Plaintiff v. RHINO GUARD LLC D/B/A/ LUXESTONE,
Defendant, Case No. 5:23-cv-01142-J (W.D. OK., Dec. 14, 2023) seeks
to stop the Defendants' practice of making unsolicited calls.
RHINO GUARD LLC D/B/A/ LUXESTONE is an online company servicing
beneficial tech and gadget products. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
- and -
Monty L. Cain, Esq.
Rilee D. Harrison, Esq.
CAIN LAW OFFICE
10415 Greenbriar Place
Oklahoma City, OK 73159
Telephone: (405) 759-7400
Facsimile: (405) 759-7424
Email: monty@cainlaw-okc.com
Rilee@cainlaw-okc.com
RIGHT NOW ROOFING: M.D. Florida Dismisses Packard Class Suit
------------------------------------------------------------
Judge Sheri Polster Chappell of the U.S. District Court for the
Middle District of Florida, Fort Myers Division, dismisses without
prejudice the lawsuit styled MELANEE PACKARD, individually and on
behalf of all others similarly situated, Plaintiff v. RIGHT NOW
ROOFING FL INC., Defendant, Case No. 2:23-cv-01144-SPC-KCD (M.D.
Fla.).
Plaintiff Melanee Packard brings a putative class action against
Defendant Right Now Roofing FL Inc. She alleges that Right Now
Roofing, a roofing contractor, uses an autodialer to solicit
business from nonconsenting consumers. This, according to Packard,
violates state law.
Ms. Packard invokes the Class Action Fairness Act (CAFA) to trigger
this Court's jurisdiction. But her jurisdictional allegations miss
the mark, so she must try again, Judge Chappell holds.
Judge Chappell finds that Packard fails to properly allege the
parties' citizenship. Worse, Packard's allegations suggest that no
party is diverse. To start, Packard fails to allege her own
citizenship. Packard states that she is a resident of Florida. But
residence isn't enough, Judge Chappell says. A person is a citizen
where she is domiciled. And residence, without more, does not show
domicile.
Next, Judge Chappell finds that Packard fails to allege Right Now
Roofing's citizenship. Packard alleges that its principal place of
business is Port Charlotte, Florida. But a corporation, like Right
Now Roofing, is a citizen of both its place of incorporation and
its principal place of business. So Packard gives the Court only
half of the information it needs, Judge Chappell points out.
Finally, Judge Chappell finds that Packard's allegations are not
only insufficient; they also suggest that the Court does not
possess subject-matter jurisdiction. CAFA requires minimal
diversity. But Packard's citizenship allegations involve only
Florida.
If Packard cannot establish minimal diversity, her suit does not
belong in federal court, Judge Chappell points out.
Accordingly, the Court rules that Packard's Complaint is dismissed
without prejudice. Packard was to file an amended complaint
consistent with this Order on Dec. 22, 2023. Failure to file an
amended complaint will lead the Court to dismiss and close the case
without further notice.
A full-text copy of the Court's Opinion and Order dated Dec. 11,
2023, is available at http://tinyurl.com/2r6bppk7from
PacerMonitor.com.
RINCON GUATEMALTECO: Fails to Pay Proper Wages, Banegas Alleges
---------------------------------------------------------------
YANIS ONDINA BANEGAS, individually and on behalf of all others
similarly situated, Plaintiff v. RINCON GUATEMALTECO, INC.; LITTLE
RANCHO MINI MARKET LLC; HAROLDO CAXAJ; JUANA JOSEFA DE LEON DE
CAXAJ, Defendants, Case No. 1:23-cv-09326 (E.D.N.Y., Dec. 19, 2023)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Banegas was employed by the Defendants as a cook.
RINCON GUATEMALTECO, INC. owns and operates a restaurant in New
York. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, PC
80-02 Kew Gardens Road, Suite 601
Kew Gardens, New York 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
ROBERT HALF: Floyd Suit Removed to W.D. Washington
--------------------------------------------------
The case captioned as Alexander Floyd, individually and on behalf
of all others similarly situated v. ROBERT HALF INC., a foreign
for-profit corporation doing business as ROBERT HALF; and DOES
1-20, Case No. 23-2-19432-2 SEA was removed from the Superior Court
of the State of Washington for King County, to the U.S. District
Court for the Western District of Washington on Dec. 14, 2023, and
assigned Case No. 2:23-cv-01925.
The Plaintiff commenced this action on October 9, 2023, by filing a
Class Action Complaint for Damages, Injunctive Relief, and
Declaratory Relief.[BN]
The Defendants are represented by:
Andrew E. Moriarty, Esq.
Emily A. Bushaw, Esq.
Kyle D. Nelson, Esq.
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: +1.206.359.8000
Facsimile: +1.206.359.9000
Email: AMoriarty@perkinscoie.com
EBushaw@perkinscoie.com
KyleNelson@perkinscoie.com
RUSH SYSTEM: Kurowski Allowed to File Second Amended Complaint
--------------------------------------------------------------
Judge Matthew F. Kennelly of the U.S. District Court for the
Northern District of Illinois, Eastern Division, issued a
Memorandum Opinion and Order granting in part the Plaintiffs'
motion for leave to file a second amended complaint in the lawsuit
styled MARGUERITE KUROWSKI and BRENDA McCLENDON, on behalf of
themselves and all others similarly situated, Plaintiffs v. RUSH
SYSTEM FOR HEALTH d/b/a Rush University System for Health,
Defendant, Case No. 1:22-cv-05380 (N.D. Ill.).
The lawsuit is a putative class action brought by Marguerite
Kurowski and Brenda McClendon (collectively "Kurowski") against
Rush University System for Health. Kurowski filed the case in
federal court pursuant to the Class Action Fairness Act, 28 U.S.C.
Section 1332(d). In general terms, Kurowski's claims arise from her
contention that Rush has violated her and other patients' privacy
interests by surreptitiously intercepting and transmitting to third
parties information that includes patients' personally identifiable
patient and health data.
The Court has issued two previous decisions on motions to dismiss
filed by Rush. In the first decision, which concerned Kurowski's
original complaint, the Court dismissed all but one of Kurowski's
claims, leaving standing only a claim for injunctive relief under
the Illinois Deceptive Trade Practices Act (DTPA), 815 ILCS 510/3
(see Kurowski v. Rush Sys. for Health, No. 22 C 5380, 2023 WL
2349606 (N.D. Ill. Mar. 3, 2023) (Kurowski I)).
Ms. Kurowski then filed an amended complaint in which she
reasserted (with some additional allegations) the claims the Court
had dismissed, as well as several new claims. In the Court's second
decision, which concerned the amended complaint, the Court
dismissed all but two of Kurowski's claims, including, this time,
her DTPA claim. The Court left standing two newly asserted claims,
one for breach of contract and one under the Illinois Eavesdropping
Act (see Kurowski v. Rush Sys. for Health, No. 22 C 5380, 2023 WL
4707184 (N.D. Ill. July 24, 2023) (Kurowski II)).
Ms. Kurowski has now moved for leave to file a second amended
complaint. In this iteration of her complaint, she has reasserted
three of her previously dismissed claims and attempts to address
the deficiencies noted by the Court in its earlier rulings. Rush
opposes Kurowski's motion.
The Court assumes familiarity with Kurowski's allegations as
summarized in its earlier decisions and discusses them here only to
the extent needed to provide background and context for the motion
for leave to amend. Kurowski alleges that as a Rush patient, she
has used and continues to use Rush's web properties to obtain
information related to her health care. This includes Rush's
patient portal MyChart, which Kurowski uses to exchange with her
health care providers communications about appointments, test
results, prescription refills, and other treatment. The MyChart
patient portal is a software system designed and licensed to Rush
by Epic Software Systems. As deployed by Rush, it is available only
to patients, and it is password-protected.
Ms. Kurowski alleges that the MyChart system, with Rush's knowledge
and agreement, secretly deploys "custom analytics scripts"—for
example, Google Analytics. This source code, Kurowski alleges,
allows for contemporaneous unauthorized interception and
transmission of personally identifiable patient data and
redirection and disclosure of "the precise content of patient
communications with Rush" whenever a Rush patient uses a Rush web
property, including MyChart.
According to Ms. Kurowski, the data transmitted to third parties,
including Facebook, Google, and Bidtellect, includes patient IP
addresses, patient cookie identifiers, device identifiers, account
numbers, URLs, other unique identifying numbers or codes, and
browser fingerprints, all of which can be used to direct targeted
advertising to patients. She also alleges that patient
communications within the MyChart portal are, or were, shared with
at least Facebook, Google, and Bidtellect. She alleges that Rush
did all of this without her knowledge or authorization and that it
derived a benefit from doing so.
Ms. Kurowski previously asserted, and asserts again in her proposed
second amended complaint, claims under the federal Wiretap Act, as
amended by the Electronic Communications Privacy Act of 1986, 18
U.S.C. Section 2511(1)(a), (c)-(d); the DTPA; and under Illinois
common law for breach of an implied duty of confidentiality. The
Court previously dismissed each of these claims in Kurowski I
and/or Kurowski II.
In addressing the original version of Kurowski's complaint, the
Court found that she had alleged only that IP addresses, cookie
identifiers, device identifiers, account numbers, URLs, and browser
fingerprints were transmitted to third parties like Facebook,
Google, and Bidtellect. The Court found no basis in the complaint
to support a plausible inference that such information (at least
without more) constituted IIHI within the meaning of HIPAA.
With regard to the second version of Kurowski's complaint—her
first amended complaint—the Court found, again, that she had
plausibly alleged only the transmission of metadata to third
parties and again concluded this was insufficient to invoke the
HIPAA provision quoted above. In this regard, the Court declined to
rely on guidance from the Department of Health and Human Services
that Kurowski cited in response to Rush's motion to dismiss,
finding that the guidance did not warrant deference in interpreting
the statute.
Ms. Kurowski's proposed second amended complaint, however, includes
additional factual allegations regarding the information she
contends was transmitted to third parties with Rush's knowledge and
at its instance. In particular, Kurowski (again, a term used to
reference the two plaintiffs collectively) alleges that Rush—via
the previously-referenced tracking tools—transmitted the name and
location of her personal physician, as well as her physician's
specialty. She further alleges that this information was, in turn,
used by at least Facebook to target her with particular advertising
associated with her particular health conditions.
In its motion, Rush appears to dispute that this is what actually
happens, but the Court cannot adjudicate that sort of factual
dispute on a motion to dismiss for failure to state a claim.
Rather, the Court is required to take as true Kurowski's
well-pleaded allegations, which is what these are. In this regard,
the Court also notes that Kurowski lacks direct access to what
occurs in the background on Rush's web properties, and at Facebook,
Google, and Bidtellect, she would need to provide further details
supporting her claim of improper disclosures of personal health
information.
Finally, Kurowski alleges that Rush knowingly transmits this data
and that it does so for the purpose of financial gain.
All of these allegations, taken together, are sufficient to invoke
the HIPAA exception-to-the-party-exception, Judge Kennelly opines.
The Court concludes that count one of Kurowski's proposed second
amended complaint, unlike the previous versions, plausibly states a
claim for relief under the Wiretap Act.
The Court notes in this regard, however, that Kurowski's attempt to
invoke violations of the Federal Trade Commission Act as a
predicate for violation of the Wiretap Act falls short. By its
terms, however, the Rule does not apply to HIPAA-covered entities
and their business associates, a category that includes Rush.
When the Court addressed Kurowski's original complaint, it
dismissed her claim for damages under the Illinois DTPA after
concluding the statute does not authorize monetary relief. The
Court left standing only her claim for prospective injunctive
relief under the statute. More recently, in addressing Kurowski's
first amended complaint, the Court dismissed the DTPA injunctive
relief claim because Kurowski alleged that transmissions by Rush
from MyChart and www.rush.edu to Google and Facebook had ceased as
of late March 2023.
The Court is unpersuaded that it should depart from its previous
rulings, in particular the July 2023 Kurowski II ruling dismissing
the claim outright. Indeed, Kurowski does not even bother to argue
the point in her motion for leave to amend. The Court denies leave
to amend regarding this claim, which is count three of the proposed
second amended complaint.
In addressing Kurowski's original complaint, the Court found that
Kurowski had not sufficiently alleged that any information
protected by the physician-patient privilege had been disclosed,
and in addressing the first amended complaint, the Court concluded
that Illinois law does not permit a claim for breach of this duty
of confidentiality.
In reasserting this claim as count two of her proposed second
amended complaint, Kurowski does not include any new allegations
that would warrant reconsideration by the Court of the latter
conclusion. Nor does she argue that the Court overlooked anything
in concluding that Illinois law does not authorize a civil cause of
action for breach of this implied duty of confidentiality.
Rather, Judge Kennelly notes, Kurowski's only reference to this
claim is a footnote at the end of her motion in which she seeks
certification of the earlier dismissal of this claim for
interlocutory appeal under 28 U.S.C. Section 1292(b). This footnote
consists of only a single sentence asking for certification,
without any argument or justification.
The Court concludes that Kurowski has forfeited the point. Even
were the Court to consider the request for certification on its
merits, it would fall short of the mark.
Judge Kennelly holds that Kurowski's request for certification of
the July 24 dismissal of the breach of confidentiality claims fails
for at least three reasons. The first is that it is untimely. She
waited two full months after the Court's July 24 ruling before
making the request, and even then, she did not file a motion for
certification as such but rather buried the request in a footnote
at the end of her motion to amend.
Second, Judge Kennelly says Kurowski has made no effort to show
that the dismissal on legal grounds is a point that is fairly
contestable. She cites no authority going the other way, and as the
Court has noted at least one other judge in this District has
dismissed a similar claim on a similar basis. And third, Kurowski
has not shown how an interlocutory appeal on this particular point
would "materially advance the ultimate termination of the
litigation" as required under section 1292(b).
For these reasons, the Court grants the Plaintiffs' motion for
leave to file a second amended complaint in part. The Court will
allow the Plaintiffs leave to amend with regard to counts one,
four, and five of the proposed second amended complaint.
Count one is the Wiretap Act claim that the Court has now found
sufficient to state a claim for relief, and counts four and five
are claims that survived a previous motion to dismiss. The
Plaintiffs are directed to file within two days a second amended
complaint that includes these claims but omits proposed counts two
and three.
A full-text copy of the Court's Memorandum Opinion and Order dated
Dec. 11, 2023, is available at http://tinyurl.com/v44mvuukfrom
PacerMonitor.com.
SAKS.COM LLC: Embeds Spy Pixels in Marketing Emails, Mills Claims
-----------------------------------------------------------------
FAN MILLS, individually and on behalf of all others similarly
situated, Plaintiff v. SAKS.COM LLC, Defendant, Case No.
1:23-cv-10638 (S.D.N.Y., Dec. 6, 2023) is a class action on behalf
of the Plaintiff and all other similarly situated in the State of
Arizona that opened emails sent to them by Defendant Saks.com LLC
for violations of Arizona's Telephone, Utility and Communication
Service Records Act.
According to the complaint, the Defendant solicits customers to
sign up for its email list in an effort to maximize sales. The
Defendant embeds trackers within its emails. These trackers, known
as "spy pixels," record whether and when subscribers open and read
their messages. The Defendant never received subscribers' consent
to collect this information.
By failing to receive consent from Plaintiff and Class members,
Defendant violated the state law that prohibits procuring or
attempting to procure the communication service records of email
recipients without their authorization, says the suit.
Saks.com LLC is an e-commerce company engaged in online luxury
fashion market.[BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
Israel Rosenberg, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: ykopel@bursor.com
irosenberg@bursor.com
SECURITY POLICE: Reynolds Suit Asserts Breach of Fiduciary Duty
---------------------------------------------------------------
ATARAH REYNOLDS and TAMMY TUCK, individually and on behalf of their
similarly situated co-workers, Plaintiffs v. THE SECURITY, POLICE
AND FIRE PROFESSIONALS OF AMERICA AND PARTICIPATING EMPLOYERS
HEALTH AND WELFARE BENEFIT PLAN, THE SECURITY, POLICE AND FIRE
PROFESSIONALS OF AMERICA RETIREMENT PLAN, BOARD OF TRUSTEES OF THE
SECURITY, POLICE AND FIRE PROFESSIONALS OF AMERICA AND
PARTICIPATING EMPLOYERS HEALTH AND WELFARE BENEFIT PLAN, BOARD OF
TRUSTEES OF THE SECURITY, POLICE AND FIRE PROFESSIONALS OF AMERICA
RETIREMENT PLAN, DWIGHT DULEY, DENNIS ECK, DAVID HICKEY, GAIL
FEUSEL, LESLIE KACIBAN, LARRY SAYE, Defendants, Case No.
2:23-cv-13099-MAG-APP (E.D. Mich., Dec. 6, 2023) is an action
against the Defendants for breach of fiduciary duty under Sections
409, 502(a)(2) and 502(a)(3) of the Employee Retirement Income
Security Act of 1974.
The Plaintiffs bring this action individually and on behalf of
their co-workers, who were employed by Paragon Systems, Inc. and
were covered by a collective bargaining agreement between Paragon
and Local 443 of the Security, Police and Fire Professionals of
America. That agreement included an extraordinary provision
providing for the transfer of all or a portion of contributions
made by Paragon to the Participating Employers Health and Welfare
Benefit Plan to the 401(k) Plan.
According to the complaint, the Defendants breached their fiduciary
duties in connection with their wrongful transfer and receipt of
plan assets from one Plan to another, and in connection with their
negligent oversight and administration of the transfers and receipt
of such assets. There was no reason for permitting such transfers,
as opposed to separately funding each Plan, and there was certainly
no benefit to the participants. In addition, the Plaintiffs and
their co-workers were and continue to date to be kept in the dark
about whether all required transfers have been made on their
behalf, and their efforts to obtain accountings of the transfers
have been either ignored, or only partially responded to by
Defendants through their attorneys. The Defendants, through their
attorney, have consistently blamed third-party administrators for
the non-transparent and ultimately chaotic manner of this process.
That is not a defense to the Trustees' fiduciary obligations, and
simply compounds their defalcations, says the suit.
The Security, Police and Fire Professionals of America is a
security and police union in the United States.[BN]
The Plaintiffs are represented by:
Jani K. Rachelson, Esq.
Bruce S. Levine, Esq.
COHEN, WEISS AND SIMON LLP
909 Third Avenue
New York, NY 10022
Telephone: (212) 563-4100
E-mail: blevine@cwsny.com
- and -
Mark Cousens, Esq.
26261 Evergreen, Suite 130
Southfield, MI 48076
Telephone: (248) 355-2150
E-mail: cousens@cousenslaw.com
SIKA AG: Lakewood Sues Over Price-Fixing in Admixtures Market
-------------------------------------------------------------
LAKEWOOD CONCRETE CORP., on behalf of itself and all others
similarly situated, Plaintiff v. SIKA AG; SIKA CORPORATION; CHRYSO,
INC.; GCP APPLIED TECHNOLOGIES, INC.; COMPAGNIE DE SAINT-GOBAIN
S.A.; SAINT- GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS
ADMIXTURES U.S., LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH;
CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; RPM
INTERNATIONAL INC.; and DOES 1-10, Defendants, Case No.
2:23-cv-04797 (E.D. Pa., Dec. 5, 2023) arises from Defendants'
unlawful agreement to fix the prices for (a) concrete admixtures,
(b) cement additives, and (c) admixtures for mortar, collectively
referred here as CCAs, in violation of state antitrust, consumer
protection, and unjust enrichment laws, as well as Sections 1 and 3
of the Sherman Act.
According to the complaint, the Defendants' unlawful agreement
caused indirect purchasers of CCAs in the United States, including
Plaintiff and the Class, to pay supra-competitive prices for CCAs
sold by Defendants in the United States and its territories from
the period beginning no later than May 11, 2018 and running through
the date on which any Class herein is certified. The Defendants'
scheme included both price increases and the imposition of
surcharges on CCAs sold in the United States, says the suit.
In formulating and effectuating this conspiracy, on information and
belief, Defendants and their co-conspirators did those things that
they combined and conspired to do including a. exchanging
competitively sensitive information among themselves, with the aim
to fix, increase, maintain, or stabilize prices of CCAs in the
United States; b. participating in meetings and conversations among
themselves during which they agreed to fix, increase, maintain, or
stabilize prices of CCAs a in the United States; and c.
participating in meetings and conversations among themselves to
implement, adhere, and police the agreements they reached, the suit
asserts.
The Plaintiff purchased CCAs at supra-competitive prices other than
directly from one or more of the Defendants, and suffered antitrust
injury and damages as a material, direct, and proximate results of
Defendants' alleged conspiracy.
Sika AG is a Swiss multinational specialty chemical company that
supplies to the building sector and motor vehicle industry,
headquartered in Baar, Switzerland.[BN]
The Plaintiff is represented by:
Lee Albert, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave., Suite 358
New York, NY 10169
Telephone: (212) 682-5340
E-mail: lalbert@glancylaw.com
- and -
Blaine Finley, Esq.
Lissa Morgans, Esq.
Cody McCracken, Esq.
CUNEO GILBERT & LADUCA, LLP
4725 Wisconsin Ave., NW Suite 200
Washington, DC 20016
Telephone: (202) 789-3960
E-mail: bfinley@cuneolaw.com
lmorgans@cuneolaw.com
cmccracken@cuneolaw.com
- and -
Jon A. Tostrud, Esq.
Anthony Carter, Esq.
TOSTRUD LAW GROUP, P.C.
1925 Century Park East Suite 2100
Los Angeles, CA 90067
Telephone: (310) 278-2600
E-mail: jtostrud@tostrudlaw.com
acarter@tostrudlaw.com
SMITTY'S/CAM2: Plaintiffs Bid for Class Cert Bid Partly Granted
---------------------------------------------------------------
In the class action lawsuit re: Smitty's/Cam2 303 Tractor Hydraulic
Fluid Marketing, Sales Practices and Products Liability Litigation,
Case No. 4:20-md-02936-SRB (W.D. Mo.), the Hon. Judge Stephen R.
Bough entered an order granting in part and denying in part the
Plaintiffs' motion for class certification:
1. The Arkansas Class; consisting of all persons and entities
who purchased 303 THF Products in Arkansas at any point in
time from December 1, 2013, to present.
2. The California Class; consisting of all persons and
entities
who purchased 303 THF Products in California at any point
in
time from December 1, 2013, to present.
The CLRA Subclass; consisting of all individuals who
purchased 303 THF Products in California for personal,
family, or household purposes at any point in time from
December 1, 2013, to present.
3. The Kansas Class; consisting of all persons and entities
who
purchased 303 THF Products in Kansas at any point in time
from December 1, 2013, to present.
The KCPA Subclass; consisting of all individuals, husbands
and wives, sole proprietors, or family partnerships who
purchased 303 THF Products in Kansas for personal, family,
household, business or agricultural purposes at any point
in
time from December 1, 2013, to present.
4. The Kentucky Class; consisting of all persons and entities
who purchased 303 THF Products in Kentucky at any point in
time from December 1, 2013, to present.
5. The Minnesota Class; consisting of all persons and
entities
who purchased 303 THF Products in Minnesota at any point
in
time from December 1, 2013, to present.
6. The Missouri Class; consisting of all persons and entities
who purchased Smitty's Super S 303, Cam 2 Promax 303,
and/or
Cam2 303 in Missouri at any point in time from December 1,
2013, to present.
The MMPA Subclass; consisting of all persons and entities
who
purchased Smitty's Super S 303, Cam 2 Promax 303, and/or
Cam2
303 in Missouri primarily for personal, family, or
household
purposes at any point in time from December 1, 2013, to
present.
7. The New York Class; consisting of all persons and
entities
who purchased 303 THF Products in New York at any point in
time from December 1, 2013, to present.
8. The Wisconsin Class; consisting of all persons and
entities
who purchased 303 THF Products in Wisconsin at any point
in
time from December 1, 2013, to present.
A copy of the Court's order dated Dec. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/48xJE8x at no extra charge.[CC]
SOLAREDGE TECHNOLOGIES: Cascallar Sues Over Drop in Share Price
---------------------------------------------------------------
JAVIER ALCIDES CASCALLAR, individually and on behalf of all others
similarly situated, Plaintiff v. SOLAREDGE TECHNOLOGIES, INC.; ZVI
LANDO; and RONEN FAIER, Defendants, Case No. 1:23-cv-10847
(S.D.N.Y., Dec. 13, 2023) is an action on behalf of persons and
entities that purchased or otherwise acquired SolarEdge securities
between February 22, 2022 and October 19, 2023, inclusive, the
Plaintiff seeks to pursue claims against the Defendants under the
Securities Exchange Act of 1934.
The Plaintiff alleges in the complaint that throughout the Class
Period, Defendants made materially false and/or misleading
statements, as well as failed to disclose material adverse facts
about the Company's business, operations, and prospects.
Specifically, Defendants failed to disclose to investors: (i) the
Company's distribution channels in Europe had higher than optimal
inventory levels; (ii) that, as a result, the Company was
experiencing substantial cancellations and pushouts of existing
backlog from its European distributors; (iii) that, as a result,
the Company's backlog and guidance was overstated; and (iv) that,
as a result, Defendants' statements about the Company's business,
operations, and prospects were materially false and misleading
and/or lacked a reasonable basis at all relevant times.
The Company's share price fell $31.08 per share, or 27.2 percent,
to close at $82.90 per share on October 20, 2023, on unusually
heavy trading volume. As a result of the Defendants' wrongful acts
and omissions, and the precipitous decline in the market value of
the Company's securities, the Plaintiff and other Class members
have suffered significant losses and damages.
SOLAREDGE TECHNOLOGIES, INC. provides solar power optimization and
photovoltaic monitoring solutions. The Company offers optimizers,
inverters, monitoring equipment, tools, and accessories for power
harvesting, conversion, and efficiency. [BN]
The Plaintiff is represented by:
J. Alexander Hood II, Esq.
Jeremy A. Lieberman, Esq.
James M. LoPiano, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
Email: ahood@pomlaw.com
jalieberman@pomlaw.com
jlopiano@pomlaw.com
SPORTS BASEMENT: Kimber PAGA Suit Removed to C.D. California
------------------------------------------------------------
The case styled COLDEN KIMBER, individually and on behalf of all
others similarly situated v. THE SPORTS BASEMENT, INC. and DOES 1
through 50 inclusive, Case No. 30-2023-01350880-CU-OE-CXC, was
removed from the Circuit Court for the Superior Court of the State
of California for the County of Orange to the U.S. District Court
for the Central District of California on December 21, 2023.
The Clerk of Court for the Central District of California assigned
Case No. 8:23-cv-02441 to the proceeding.
The case arises from the Defendants' violation of the Private
Attorneys General Act for failure to: (a) provide accurate itemized
wage statements; (b) properly record and provide legally required
meal and rest periods; (c) pay minimum wages; (d) pay overtime
wages and sick pay wages; (e) reimburse employees for required
expenses; (f) provide wages when due; and (g) provide suitable
seating.
The Sports Basement, Inc. is a sporting-goods retailer doing
business in California. [BN]
The Defendant is represented by:
Shannon L. Bettis Nakabayashi, Esq.
JACKSON LEWIS PC
50 California St., 9th Floor
San Francisco, CA 94111
Telephone: (415) 394-9400
Facsimile: (415) 394-9401
Email: shannon.nakabayashi@jacksonlewis.com
- and -
Louise Ann "Luzann" Fernandez, Esq.
Patrick M. Ryan, Esq.
An Nguyen Ruda, Esq.
Chad E. Deveaux, Esq.
P. Casey Mathews, Esq.
Josiah R. Jenkins, Esq.
Taylor Yamahata, Esq.
BARTKO ZANKEL BUNZEL & MILLER
A Professional Law Corporation
One Embarcadero Center, Suite 800
San Francisco, CA 94111
Telephone: (415) 956-1900
Facsimile: (415) 956-1152
E-mail: lfernandez@bzbm.com
pryan@bzbm.com
aruda@bzbm.com
cdeveaux@bzbm.com
cmathews@bzbm.com
jjenkins@bzbm.com
tyamahata@bzbm.com
STATE FARM: Parties Seek to Reset Class Certification Hearing
-------------------------------------------------------------
In the class action lawsuit captioned as JUDITH VELAZQUEZ and
FERNANDO VELAZQUEZ, v. STATE FARM FIRE AND CASUALTY COMPANY, Case
No. 2:19-cv-03128-NIQA (E.D. Pa.), the Parties ask the Court to
enter an order resetting the class certification hearing in the
case that is currently scheduled for January 30 and (if necessary)
February 1, 2024.
On October 27, 2023, the Court entered an order scheduling a
hearing on Plaintiffs' motion for class certification for January
30, 2024, at 10:00 A.M. and, if necessary, to continue on February
1, 2024.
Since that date, the Parties have conferred extensively through
counsel about potential scheduling conflicts. One of Plaintiffs'
counsel has advised that he has an unmoveable conflict for January
30th for an event he is teaching at which offers continuing
education credits for which only Mr. DiUlio is approved to teach.
While the date of this event was unknown at the time this hearing
was scheduled, it has now been set for January 28, 2024 –
February 1, 2024.
State Farm offers automobile, property, casualty, health,
disability, and life insurance services.
A copy of the Parties' motion dated Dec. 13, 2023 is available from
PacerMonitor.com at https://bit.ly/3vmudS8 at no extra charge.[CC]
The Plaintiffs are represented by:
Anthony DiUlio, Esq.
WHEELER, DIULIO, & BARNABEI, PC
One Penn Center - Suite 1270
1617 JFK Boulevard
Philadelphia, PA 19103
Telephone: (215) 568-2900
- and -
Kevin W. Fay, Esq.
GOLOMB SPIRT GRUNFELD, PC
1835 Market Street, Suite 2900
Philadelphia, PA 19103
Telephone: (215) 985-9177
The Defendant is represented by:
Joseph A. Cancila, Jr., Esq.
Sondra A. Hemeryck, Esq.
Jacob L. Kahn, Esq.
RILEY SAFER HOLMES & CANCILA LLP
70 West Madison Street, Suite 2900
Chicago, IL 60602
Telephone: (312) 471-8700
E-mail: jcancila@rshc-law.com
shemeryck@rshc-law.com
jkahn@rshc-law.com
- and -
Yolanda Konopacka DeSipio, Esq.
BENNETT, BRICKLIN & SALTZBURG, LLC
960 Harvest Drive, Building B, Suite 100
Blue Bell, PA 19422
Telephone: (267) 654-1116
E-mail: desipio@bbs-law.com
STOP N GO: Quinde Sues Over Kitchen Workers' Unpaid Wages
---------------------------------------------------------
TANNIA QUINDE, on behalf of herself and all others similarly
situated, Plaintiff v. STOP N GO INC. d/b/a ENCEBOLLADO GUAYACO and
VICTOR MEJIA individually, Defendants, Case No. 7:23-cv-10596
(S.D.N.Y., Dec. 5, 2023) is a civil action brought by Plaintiff and
all other similarly situated to recover unpaid earned wages,
overtime wages, spread of hours pay, statutory penalties,
compensatory and punitive damages, and other damages for Plaintiff
under the Fair Labor Standards Act and the New York Labor Law.
The Plaintiff was employed by the Defendants as a kitchen worker
from September 2021 through August 27, 2023. She brings this action
on behalf of herself and all similarly situated current and former
non-exempt workers who elect to opt-in to this action pursuant to
the FLSA and specifically, the collective action provision of 29
U.S.C. Section 216(b), to remedy violations of overtime provisions
of the FLSA by Defendants.
Stop N Go Inc. is a domestic business corporation engaged and
operating in the restaurant industry.[BN]
The Plaintiff is represented by:
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
250 Broadway, 6th Floor
New York, NY 10007
Telephone: (212) 323-6980
E-mail: jaronauer@aronauerlaw.com
- and -
Yale Pollack, Esq.
LAW OFFICES OF YALE POLLACK, P.C.
66 Split Rock Road
Syosset, NY 11791
Telephone: (516) 634-6340
E-mail: ypollack@ypollack.law.com
SUNPOWER CORP: Simpson Sues Over Misleading Business Statements
---------------------------------------------------------------
MATTHEW SIMPSON, individually and on behalf of all others similarly
situated, Plaintiff v. SUNPOWER CORPORATION, PETER FARICY, GUTHRIE
DUNDAS, and ELIZABETH EBY, Defendants, Case No. 3:23-cv-06302 (N.D.
Cal., Dec. 6, 2023) is a class action against all Defendants for
violating Sections 10(b) and 20(a) of the Securities Exchange Act
of 1934 and Rule 10b-5 promulgated by the SEC, on behalf of the
Plaintiff and a class of persons and entities that purchased or
otherwise acquired the securities of SunPower Corporation between
March 9, 2023 and October 24, 2023.
According to the complaint, throughout the Class Period, the
Defendants made materially false and/or misleading statements and
failed to disclose material adverse facts about the Company's
business, operations, and prospects. Specifically, Defendants
misled investors by failing to disclose that: (1) due to a material
weakness in its internal control over financial reporting, the
Company had inaccurately reported cost of revenue and inventory
metrics; (2) as a result of the foregoing, the Company was
reasonably likely to incur significant charges to restate prior
reporting; and (3) as a result of the foregoing, Defendants'
positive statements about the Company's business, operations, and
prospects were materially misleading and/or lacked a reasonable
basis.
On this news, the Company's share price fell $0.90 per share, or
18.1%, to close at $4.06 per share on October 25, 2023, on
unusually high trading volume.
As a direct and proximate result of Defendants' wrongful conduct,
Plaintiff and the other members of the Class suffered damages in
connection with their respective purchases and sales of the
Company's securities during the Class Period.
SunPower Corporation is a solar technology and energy services
provider.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
THOMAS HEALTH: McKinsey Sues Over Home Health Aides' Unpaid OT
--------------------------------------------------------------
FAITH McKINSEY, on behalf of herself and others similarly situated,
Plaintiff v. THOMAS HEALTH CARE, LLC, KAREEN THOMAS, and WAYNE
THOMAS, Defendants, Case No. 3:23-cv-01586 (D. Conn., Dec. 5, 2023)
arises from the Defendant's alleged violation of the Fair Labor
Standards Act and the Connecticut Wage Act by failing to compensate
Plaintiff and the other similarly situated for all their hours
worked and failing to pay them one and a half times their hourly
rate for the hours that exceeded 40 hours per week.
The Plaintiff worked for Defendants as a home health aide from
January of 2022 to November of 2022. She asserts that when she
worked more than 40 hours in a given workweek, Defendants
classified her compensation for those hours as straight-time
compensation and paid the hours at her regular rate without using
an overtime rate.
Thomas Health Care, LLC is a domestic limited liability company
with its main headquarters in Meriden, Connecticut.[BN]
The Plaintiff is represented by:
Sergei Lemberg, Esq.
Michael T. Petela, Jr., Esq.
LEMBERG LAW
43 Danbury Rd
Wilton, CT 06897
Telephone: (203) 653-2250
Facsimile: (203) 653-3424
E-mail: slemberg@lemberglaw.com
mpetela@lemberglaw.com
TINDER INC: Ciapinska Fraud Suit Removed to N.D. Texas
------------------------------------------------------
The case styled SYLVIA CIAPINSKA, on behalf of herself and all
others similarly situated, Plaintiff v. TINDER, INC.; and DOES
1–10, inclusive, Defendants, Case No. BER-L-5188-23, was removed
from the Superior Court of New Jersey to the U.S. District Court
for the Northern District of Texas on December 14, 2023.
The Clerk of Court for the Northern District of Texas assigned Case
No. 2:23-cv-23115-SDW-LDW to the proceeding.
The case arises from the Defendants' flawed photo verification
process that can enable scammers who seek to defraud online
contacts.
Tinder, Inc. offers online dating services. Its parent company is
Match Group, which headquartered in Dallas, TX. [BN]
The Defendants are represented by:
Jeffrey S. Jacobson, Esq.
Jennifer G. Chawla, Esq.
600 Campus Drive
Florham Park, NJ 07932-1047
Telephone: (973) 549-7000
Facsimile: (973) 549-9831
E-mail: jeffrey.jacobson@faegredrinker.com
jennifer.chawla@faegredrinker.com
TOMMY'S REDHOTS: Carrillo Sues Over Unpaid Overtime Premiums
------------------------------------------------------------
Cesar Carrillo, Sr., and Cesar Carrillo, Jr., on behalf of
themselves and a class and collective of similarly situated others
v. TOMMY'S REDHOTS, INC., THOMAS GREICO, DONALD GREICO, TOMMY'S
176, INC., DONNY'S 176, INC., TOMMY'S/LAKE IN THE HILLS, LTD.,
TOMMY'S/CRYSTAL LAKE, LTD., and TOMMY'S/MCHENRY, LTD., Case No.
1:23-cv-17016 (N.D. Ill., Dec. 21, 2023), is brought for the
Defendants' violation of the Fair Labor Standards Act as a result
of the /Defendants' failure to pay the Plaintiffs overtime
premiums.
The Plaintiffs and other employees are paid a straight time rate
for all hours worked irrespective of how many hours they work in a
week. For example, Plaintiff Cesar Carrillo, Sr., typically worked
13-hour days, five days a week, but was paid $20 per hour for all
hours worked for the last three years with no overtime premiums.
Plaintiff Cesar Carrillo, Jr., typically worked 12 hours days, five
days a week, but was paid $14 per hour for all hours worked for the
last three years until he received a raise to $15 in July of 2023,
but he has never received overtime premiums. The Defendants have
been consistent in this pay practice and have been sued in Federal
Court for violations of the Fair Labor Standards Act at least three
times including in 2016, 2018, and 2019. Defendants have settled or
lost each of these suits. Yet they continue this same practice,
says the complaint.
The Plaintiffs handle most jobs in the store including preparing
food, serving customers, running cash registers, and cleaning.
The Defendant Greico runs six restaurants under the umbrella of
Tommy's Redhots Inc., and its other corporate forms.[BN]
The Plaintiffs are represented by:
Aaron B. Maduff, Esq.
BARRETT & FARAHANY
77 W Wacker Dr., Suite 4500
Chicago, IL 60601
Phone: (312) 800-8581
Email: Aaron@justiceatwork.com
- and -
Brandon A. Thomas, Esq.
LAW OFFICES OF BRANDAN A THOMAS
1 Glenlake Parkway, N.E., Suite 650
Atlanta, GA, 30328
Phone: (678) 862-9344
Email: Brandon@overtimelaimslawyer.com
UNITED HEALTHCARE: Jubran Sues Over Data Breach of Personal Info
----------------------------------------------------------------
MOHAMMED AL JUBRAN, on behalf of himself and all others similarly
situated, Plaintiff v. UNITED HEALTHCARE SERVICES, INC. d/b/a
UNITEDHEALTHCARE STUDENT RESOURCES, Defendant, Case No.
1:23-cv-13066-ADB (D. Minn., December 13, 2023) arises from the
Defendant's failure to properly secure and safeguard Plaintiff's
and other similarly situated customers' sensitive information.
The Plaintiff brings this action on behalf of all persons whose
private information was compromised as a result of Defendant's
failure to: (i) adequately protect the private information of
Plaintiff and Class members; (ii) warn Plaintiff and Class members
of Defendant's inadequate information security practices; and (iii)
effectively secure hardware containing protected private
information using reasonable and effective security procedures free
of vulnerabilities and incidents.
Plaintiff Jubran asserts claims against the Defendant for
negligence, negligence per se, breach of implied contract, breach
of the implied covenant of good faith and fair dealing, unjust
enrichment, and for violations of the Federal Trade Commission Act
and the Health Insurance Portability and Accountability Act of
1996.
Headquartered in Minnetonka, MN, United HealthCare Services, Inc.
d/b/a UnitedHealthcare Student Resources is a Minnesota corporation
that provides health insurance and/or other benefits to students.
[BN]
The Plaintiff is represented by:
Bryan L. Bleichner, Esq.
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (202) 429-2290
E-mail: gklinger@milberg.com
UNITED STATES: Brewer Has 30 Days to File Amended 20-Page Complaint
-------------------------------------------------------------------
In the lawsuit captioned DENNIS SHELDON BREWER, Plaintiff v.
WILLIAMS BURNS, DIRECTOR, CENTRAL INTELLIGENCE AGENCY, et al.,
Defendants, Case No. 1:23-cv-09605-LTS (S.D.N.Y.), Chief District
Judge Laura Taylor Swain of the U.S. District Court for the
Southern District of New York grants the Plaintiff leave for 30
days to file an amended complaint that should not exceed 20 pages.
On Oct. 30, 2023, the Plaintiff, who is proceeding pro se,
commenced this action by filing an 1,108-page complaint against a
slew of federal officials, the City of New York, officials from
various states, and private individuals and entities from all over
the country. After filing the complaint, the Plaintiff submitted
"additional evidence" totaling 2,526 pages. Thereafter, on Nov. 17,
2023, the Plaintiff brought to the Court ten boxes of documents
containing thousands of pages, which he filed as an amended
complaint.
On Dec. 1, 2023, the Court treated the Plaintiff's complaint and
"additional evidence" together as the operative pleading for this
action, and found that it failed to comply with Rule 8 of the
Federal Rule of Civil Procedure. The Court directed the Clerk of
Court to strike the Plaintiff's amended complaint from the docket
of this action, and to retain the 10 boxes of documents for 30 days
to allow the Plaintiff to pick them up.
Finally, the Court granted the Plaintiff 30 days' leave to submit
an amended complaint that (1) contains a short and plain statement
showing that he is entitled to relief; (2) clearly sets forth the
defendants he is suing and why; and (3) includes the basis for
federal subject matter jurisdiction and why this Court is the
appropriate venue for his claims.
The Court further directed the Plaintiff to limit the amended
complaint to 20 pages, unless he can provide reasons why it should
be longer.
In response to the order, on Dec. 4, 2023, the Plaintiff filed a
"Motion to Reconsider and Strike Order Entered December 1, 2023."
In the motion, the Plaintiff, who claims that he is bringing a
class action of which he is the lead plaintiff, contends that the
order: (1) functionally defeats the constitutional, civil, and
human rights of the entire class of plaintiffs; and (2) aids and
abets a cover-up perpetrated by Defendant United States to evade
constitutional accountability for its illegal acts and those of its
co-conspirators under law.
The Plaintiff asserts that the amended complaint he filed is
"economical and efficient" in presenting his claims, which
encompasses "55-years of fraudulent concealment by the United
States in its illegal secret operations," by setting forth "113
example set of facts on 252 pages, with about 12,000 pages of
directly related evidence." He further contends that proper
presentation cannot be accomplished, within the 20-page limit set
by the Court, and meet the "competing goals" of Rule 8, which
requires a short and plain statement, and Rule 9(b) of the Federal
Rules of Civil Procedure, which requires particularity in the
pleading of the predicate acts.
The Plaintiff also asserts that the "proximate cause" for the
cascade of res judicata dismissals of his cases in the United
States District Court for the District of Columbia was a defective
complaint form that has since been withdrawn by that court. He
requests (1) that the Court strike the Dec. 1, 2023 order, (2)
accept the amended complaint as submitted, and (3) certify this
matter as a class action.
The Court liberally construes this submission as a motion for
relief from a judgment or order under Rule 60(b) of the Federal
Rules of Civil Procedure. After reviewing the arguments in the
Plaintiff's submission, the Court denies the motion.
The Plaintiff asks the Court to reconsider the striking of his
amended complaint, which he alleges, consists of 252 pages of
"example of set facts" and about 12,000 pages of evidence.
Judge Swain says the Plaintiff is essentially arguing that it was
an error for the Court to strike his amended complaint and issue
specific instructions mandating the filing of an amended complaint
limited to 20 pages. The Court rejects the Plaintiff's
contentions.
The Plaintiff's operative pleading, which spans 3,634 pages, is far
from short and plain, Judge Swain holds. It is excessively
long-winded, and its wordiness is unjustified. Dismissal of the
complaint under Rule 8 was, therefore, warranted, Judge Swain
points out.
For the same reasons, it was appropriate for the Court to strike
the Plaintiff's even more lengthy amended complaint, which placed
an unjustified burden on the Court, Judge Swain opines. The
Plaintiff also contends that he cannot meet the requirement that
the proposed amended complaint not exceed 20 pages. The 20-page
limit is an adequate length for litigants to set forth a short and
plain statement showing that they are entitled to relief, Judge
Swain explains. The Plaintiff does not provide reasons why the
proposed amended complaint should exceed the 20-page limit.
The Court finds that the Plaintiff has failed to allege facts
demonstrating that any of the grounds listed in the first five
clauses of Rule 60(b) applies or that extraordinary circumstances
exist to warrant relief under Rule 60(b)(6). Because the Plaintiff
does not present any legal or factual matters that would call into
question the Court's dismissal of his complaint under Rule 8, the
striking of the amended complaint, or the 20-page limitation for
the proposed amended complaint, Judge Swain holds that his request
for relief under Rule 60(b) is denied.
The Plaintiff seeks to certify a class action in connection with
his claims. As a nonlawyer, Judge Swain opines that the Plaintiff
can represent only his own interests. The Court, therefore, denies
the Plaintiff's request for class certification.
For the reasons stated in this order, the Court denies the
Plaintiff's motion to strike the Dec. 1, 2023 order, and his
request for class certification. The Plaintiff is granted 30 days'
leave to file an amended complaint that should not exceed 20
pages.
If the Plaintiff fails to comply within the time allowed, and he
cannot show good cause to excuse such failure, the Court will
direct the Clerk of Court to enter judgment consistent with the
Dec. 1, 2023 order. The Clerk of Court is directed to terminate all
pending matters in this case.
The Court certifies under 28 U.S.C. Section 1915(a)(3) that any
appeal from this order would not be taken in good faith, and
therefore, in forma pauperis status is denied for the purpose of an
appeal.
A full-text copy of the Court's Order dated Dec. 11, 2023, is
available at http://tinyurl.com/52xs6778from PacerMonitor.com.
UNIVERSITY OF MISSOURI: Gregg Sues Over Unprotected Consumers' Data
-------------------------------------------------------------------
KRISTI GREGG, individually and on behalf of all others similarly
situated, Plaintiff, v. THE UNIVERSITY OF MISSOURI SYSTEM and
PROGRESS SOFTWARE CORPORATION, Defendants, Case No.
1:23-cv-13081-ADB (D. Mass., December 13, 2023) arises out of the
recent targeted cyberattack and data breach where unauthorized
third-party criminals, the Russia-linked ransomware syndicate Cl0p,
retrieved and exfiltrated the highly-sensitive consumer data of
Plaintiff, and thousands of Class Members, via a security
vulnerability in Progress Software Corporation's software program,
MOVEit, which is used by the University of Missouri System to
transfer and/or exchange sensitive information and documents.
The Plaintiff received a notice letter dated October 18, 2023 from
Defendant UM System, stating that an unauthorized party accessed
Plaintiff's private information which she had previously provided
to Defendant. Accordingly, Plaintiff brings this action against
Defendants, seeking redress for Defendants' unlawful conduct and
asserting claims for: (i) negligence; (ii) breach of implied
contract; (iii) unjust enrichment; (iv) bailment; and (v) breach of
fiduciary duty.
University of Missouri System is a public land-grant research
university in Columbia, MO. [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, D.C. 20006
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
Email: jpizzirusso@hausfeld.com
aemuze@hausfeld.com
US IMMIGRATION: Jimenez Suit Seeks Provisional Class Certification
------------------------------------------------------------------
In the class action lawsuit captioned as VICTOR JIMENEZ and JORGE
MUTZUTZ, v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; PATRICK
LECHLEITNER, Deputy Director and Senior Official Performing the
Duties of the Director, U.S. Immigration and Customs Enforcement;
MOISES BECERRA, Director of San Francisco Field Office, Enforcement
and Removal Operations, U.S. Immigration and Customs Enforcement,
Case No. 1:23-cv-06353-RMI (N.D. Cal.), the Plaintiffs ask the
Court to enter an order granting their motion for provisional class
certification:
The proposed Class meets the requirements of Rule 23(a) and Rule
23(b)(2). The Court should provisionally certify the proposed
Class.
The Petitioners-Plaintiffs Victor Jimenez and Jorge Mutzutz will,
and do, move, pursuant to Fed. R. Civ. P. 23, for provisional
certification of a class of individuals detained at Golden State
Annex who are medically vulnerable to COVID-19.
The Plaintiffs, individuals civilly detained under color of
immigration law at Golden State Annex ("GSA"), seek a provisional
class certification from this Court to remedy violations of their
Fifth Amendment rights caused by Defendants' failure to provide
adequate and timely testing and antiviral medication for COVID-19
as recommended by the Centers for Disease Control ("CDC") and
listed in Defendant U.S. Immigration and Customs Enforcement
("ICE") clinical guidance for the treatment of COVID-19.
The Plaintiffs request that the Court provisionally certify the
following proposed class for the purpose of issuing the preliminary
injunction that Plaintiffs seek:
"All individuals who are, or will be, detained by ICE at GSA,
who
are 50 years old or over or who have a medical condition that
the
CDC recognizes as a medical vulnerability for COVID-19.
The Plaintiffs propose two Class Representatives: Victor Jimenez
and Jorge Mutzutz. Each proposed Class Representative shares the
same injury as absent Class Members: they are detained or are being
processed for detention at GSA, and have been subjected to
unreasonable risks of harm by Defendants’ refusal to provide
adequate and timely testing and COVID-19 antiviral medications to
medically vulnerable immigrants detained at GSA.
U.S. Immigration and Customs Enforcement is a federal law
enforcement agency under the Department of Homeland Security.
A copy of the Plaintiffs' motion dated Dec. 14, 2023 is available
from PacerMonitor.com at https://bit.ly/48aOWaf at no extra
charge.[CC]
The Plaintiffs are represented by:
Sean Riordan, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF
NORTHERN CALIFORNIA
39 Drumm Street
San Francisco, CA 94111
Telephone: (415) 621-2493
E-mail: sriordan@aclunc.org
- and -
Kyle Virgien, Esq.
Eunice Cho, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
39 Drumm Street
San Francisco, CA 94111
Telephone: (202) 393-4930
E-mail: kvirgien@aclu.org
echo@aclu.org
- and -
Eva Bitran, Esq.
Mayra Joachin, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF
SOUTHERN CALIFORNIA
1313 West 8th Street
Los Angeles, CA 90017
Telephone: (213) 977-5232
E-mail: ebitran@aclusocal.org
mjoachin@aclusocal.org
- and -
Linnea Cipriano, Esq.
Timothy J. Beavers, Esq.
Jacob Tyson, Esq.
Nicole Kim, Esq.
Oscar Barron-Guerra, Esq.
GOODWIN PROCTER LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018
Telephone: (212) 813-8800
Facsimile: (212) 355-3333
E-mail: LCipriano@goodwinlaw.com
TBeavers@goodwinlaw.com
JTyson@goodwinlaw.com
NicoleKim@goodwinlaw.com
OBarronGuerra@goodwinlaw.com
UTILIQUEST LLC: Vanegas Sues to Recover Unpaid Wages
----------------------------------------------------
Saul Vanegas, individually and for others similarly situated v.
UTILIQUEST, LLC, Case No. 3:23-cv-23098 (D.N.J., Dec. 14, 2023), is
brought to recover unpaid wages and other damages from the
Defendant in violation of the New Jersey Wage and Hour Law, as
amended by the New Jersey Wage Theft Act ("NJWHL"), the New Jersey
Wage Theft Act ("NJWPL").
The Plaintiff and the other Hourly Utility Locators regularly work
more than 40 hours a week. But the Defendant does not pay the
Plaintiff and its other Hourly Utility Locators for all the hours
they work. Instead, the Defendant requires the Plaintiff and the
other Hourly Utility Locators to perform significant compensable
work "off the clock" without pay. Specifically, the Defendant
prohibits the Plaintiff and the other Hourly Utility Locators from
clocking in for their shifts until they arrive at their first
assigned ticket; and the Defendant requires the Plaintiff and the
other Hourly Utility Locators to clock out for their shifts when
they leave their last assigned ticket (the Defendant's "ticket to
ticket policy").
But to meet the Defendant's strict productivity requirements, the
Plaintiff and the other Hourly Utility Locators are forced to
perform their regular utility locating duties "off the clock"
before arriving to their first assigned ticket and after leaving
their last assigned ticket. The Plaintiff and the Hourly Utility
Locators are thus not paid for the time they spend performing this
pre- and post-ticket work "off the clock." the Defendant's uniform
"ticket to ticket" policy violates the NJWHL, by depriving the
Plaintiff and the other Hourly Utility Locators of overtime wages
for all overtime hours worked. Likewise, the Defendant's uniform
"ticket to ticket" policy violates the NJWPL, by depriving the
Plaintiff and the other Hourly Utility Locators of earned wages for
all hours worked, says the complaint.
The Plaintiff worked for UtiliQuest as a Utility Locator in
Monmouth and Ocean Counties, New Jersey from February 2020 until
June 2020.
UtiliQuest bills itself as "a quality provider of damage prevention
and infrastructure-related services specializing in underground
facility locating serving the gas, electric, and telecommunications
industries" across the country, including in New Jersey.[BN]
The Plaintiff is represented by:
Camille Fundora Rodriguez, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-4635
Fax: (215) 875-4604
Email: crodriguez@bm.net
- and –
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and –
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
UTILITY RESOURCE: Daugherty Alleges Wage and Hour Law Violations
----------------------------------------------------------------
ADAM DAUGHERTY, individually and for others similarly situated,
Plaintiff v. UTILITY RESOURCE GROUP, LLC, Defendant, Case No.
2:23-cv-02284-CSB-EIL (C.D. Ill., December 14, 2023) seeks to
recover unpaid wages and other damages from Utility Resource Group
in connection with the alleged violations of the Fair Labor
Standards Act, the Illinois Minimum Wage Law, and the Kentucky Wage
and Hour Act.
Plaintiff Daugherty worked for URG as a Utility Locator in
Illinois, Indiana, Kentucky, and Georgia from approximately January
2018 until January 2021. He regularly work more than 40 hours in a
workweek. However, URG has implemented a uniform "ticket to ticket"
policy, which violates the said laws by depriving Daugherty and the
other hourly utility locators of overtime wages for all overtime
hours worked. The policy prohibits Daugherty and the other hourly
utility locators from clocking in for their shifts until they
arrive at their first assigned ticket; and URG requires Daugherty
and the other hourly utility locators to clock out for their shifts
when they leave their last assigned ticket. But to meet URG's
strict productivity requirements, they are forced to perform their
regular utility locating duties "off the clock" before arriving to
their first assigned ticket and after leaving their last assigned
ticket, says the Plaintiff.
Headquartered in Troy, MI, URG provides several services including
underground utility locating, gas leak detection, meter services,
and sewer lateral inspections. [BN]
The Plaintiff is represented by:
Douglas M. Werman
Maureen A. Salas
WERMAN SALAS P.C.
77 W. Washington St., Ste 1402
Chicago, IL 60602
Telephone: (312) 419-1008
Facsimile: (312) 419-1025
E-mail: dwerman@flsalaw.com
msalas@flsalaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
VEHI-SHIP LLC: Aguirre Suit Removed to W.D. Washington
------------------------------------------------------
The case captioned as Michael Alejandro Rosas Aguirre, individually
and on behalf of Themselves and all other similarly situated
persons, known and unknown v. Vehi-Ship, LLC, Case No. 2023CH03891
was removed from the Chancery Division of the Circuit Court of Cook
County, to the U.S. District Court for the Northern District of
Illinois on Dec. 14, 2023, and assigned Case No. 1:23-cv-16797.
The Plaintiff's original complaint was brought under the Illinois
Minimum Wage Law. On October 6, 2023, the Plaintiff filed his
Motion for Leave to File an Amended Complaint for FLSA Collective
against Vehi-Ship, asserting one count of Failure to Pay Overtime
Wages to Plaintiffs in Violation of the Fair Labor Standards Act of
1938 ("FLSA").[BN]
The Defendants are represented by:
Aimee E. Delaney, Esq.
Amanda Tzivas, Esq.
HINSHAW & CULBERTSON LLP
151 North Franklin Street, Suite 2500
Chicago, IL 60606
Phone: 312-704-3000
Email: adelaney@hinshawlaw.com
atzivas@hinshawlaw.com
VICTORY SWEET: Xitumul Suit Seeks Unpaid Wages for Shop Employees
-----------------------------------------------------------------
ELISEO CASTRO XITUMUL, individually and on behalf of all others
similarly situated, Plaintiff v. VICTORY SWEET SHOP, LTD., GEORGE
SAKALIS, ANTIGONI SAKALIS, and ANNA SAKALIS, Defendants, Case No.
1:23-cv-09110 (E.D.N.Y., December 12, 2023) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the New York Labor Law including failure to pay overtime
wages, failure to provide wage notice, and failure to provide wage
statements.
The Plaintiff was employed by the Defendants as a cleaner, baker,
and food preparer from in or around December 2022 until in or
around October 2023.
Victory Sweet Shop, Ltd. is a shop owner, with a principal
executive office at 2169 Steinway Street, Astoria, New York. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
Helen F. Dalton & Associates, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
WANABANA LLC: Markets Contaminated Fruit Products, Marsh Claims
---------------------------------------------------------------
SAMANTHA MARSH, individually and on behalf of all others similarly
situated, Plaintiff v. WANABANA LLC and WANABANA USA LLC,
Defendants, Case No. 7:23-cv-11090 (S.D.N.Y., December 21, 2023) is
a class action against the Defendants for violation of the New York
General Business Law and breach of express warranty.
The case arises from the Defendants' false, deceptive, and
misleading advertising, labeling, and marketing of WanaBana,
Schnucks, and Weis fruit puree products. The Defendants improperly
labeled and marketed the products to consumers, like the Plaintiff,
by omitting and not disclosing on their packaging that the products
are contaminated with unsafe levels of lead, which is a powerful
neurotoxin that is known to cause cognitive deficits, mental
illness, dementia, and hypertension. Consequently, the Plaintiff
and Class members lost the entire benefit of their bargain when
what they received was a food product contaminated with a known
neurotoxin that is harmful to consumers' health.
Wanabana LLC is a fruit producer, with its principal place of
business in Miami Shores, Florida.
Wanabana USA LLC is a fruit producer, with its principal place of
business in San Juan, Puerto Rico. [BN]
The Plaintiff is represented by:
Jason P. Sultzer, Esq.
Daniel Markowitz, Esq.
THE SULTZER LAW GROUP P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 483-7100
Facsimile: (888) 749-7747
E-mail: sultzerj@thesultzerlawgroup.com
markowitzd@thesultzerlawgroup.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: cschaffer@lfsblaw.com
- and -
Jeffrey K. Brown, Esq.
LEEDS BROWN LAW, P.C.
1 Old Country Rd., Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: jbrown@leedsbrownlaw.com
WHIRLPOOL CORP: Non-Expert Discovery Cut-Off Due Sept. 23
---------------------------------------------------------
In the class action lawsuit captioned as Orlando Salas v. Whirlpool
Corporation et al., Case No. 5:23-cv-01549 (C.D. Cal., Filed Aug.
3, 2023), the Hon. Judge Andre Birotte Jr. entered an order re
parties' propose additional dates related to class certification:
-- The Court is amenable to entering such dates, but as stated in
the Order Setting Scheduling Conference, the parties must
propose
these dates by a separate Stipulation and Proposed Order for
the
Court's consideration.
-- The parties must meet and confer and file a Stipulation and
Proposed Order setting such dates.
-- Non-Expert Discovery cut-off is due: Sept. 23,
2024
-- Deadline to Complete Settlement Conference is: Feb. 28,
2025
Whirlpool is an American multinational manufacturer and marketer of
home appliances.[CC]
WINN-DIXIE STORES: Bechtel Sues Over Deceptive Advertisement Scheme
-------------------------------------------------------------------
ERIC BECHTEL; KEVIN EVERSON; and ROBBIE SAYDE, individually and on
behalf of all others similarly situated, Plaintiffs v. WINN-DIXIE
STORES, INC., Defendant, Case No. 3:23-cv-01470 (M.D. Fla., Dec.
14, 2023) alleges that the Defendant is engaged in an unfair and
deceptive "Buy One, Get One Free" scheme in violation of the
Florida's Deceptive and Unfair Trade Practices Act.
According to the complaint, the Defendant offers price promotions
on products as "Buy One, Get One Free." However, a consumer is not
actually able to receive a "free" product because Winn-Dixie
charges a higher than regular price for the other product.
The "free" products are prominently promoted in weekly
advertisements, online, on special point-of-sale ads, on the
packaging, and on stores shelves in front of the packaging itself.
Some weeks there are thousands of BOGO products for sale across
Winn-Dixie's various stores, says the suit.
Winn-Dixie allegedly violated FDUTPA by engaging in a BOGO Program
which unfairly and deceptively inflates the "regular price" of BOGO
products so that consumers pay the higher price for the first
product and do not actually receive the second product for "free."
WINN-DIXIE STORES, INC. doing business as Winn-Dixie, operates a
chain of food retailer stores. The Company sells groceries, meats,
seafood, fresh produce, deli, bakery, pharmaceuticals, and general
merchandise items. [BN]
The Plaintiff is represented by:
Brian W. Warwick, Esq.
Janet R. Varnell, Esq.
Christopher J. Brochu, Esq.
Jeffrey Newsome, Esq.
Pamela Levinson, Esq.
VARNELL & WARWICK, P.A.
400 N. Ashley Drive, Suite 1900
Tampa, FL 33602
Telephone: (352) 753-8600
Email: bwarwick@vandwlaw.com
jvarnell@vandwlaw.com
cbrochu@vandwlaw.com
jnewsome@vandwlaw.com
plevinson@vandwlaw.com
ckoerner@vandwlaw.com
- and -
David F. Sugerman, Esq.
Nadia H. Dahab, Esq.
SUGERMAN & DAHAB
707 SW Washington St., Suite 600
Portland, OR 97205
Telephone: (503)228-6474
Email: david@sugermandahab.com
nadia@sugermandahab.com
- and -
Tim Alan Quenelle, Esq.
TIM QUENELLE, PC
4800 SW Meadows Rd., Suite 300
Lake Oswego, OR 97035
Telephone: (503)675-4330
Email: tim.quenelle@gmail.com
ZEROED-IN TECHNOLOGIES: Fails to Secure Users' Info, Smith Alleges
------------------------------------------------------------------
MICHELLE SMITH, individually and on behalf of all others similarly
situated v. ZEROED-IN TECHNOLOGIES, LLC, and DOLLAR TREE, INC., and
FAMILY DOLLAR, LLC, Case No. 1:23-cv-03297 (D. Md., Dec. 5, 2023)
sues the Defendants for their failure to properly secure and
safeguard personally identifiable information including, the
Plaintiff and Class Members' names, dates of birth, and Social
Security numbers.
On August 8, 2023, Zeroed-In discovered an unauthorized party
gained access to its systems between August 7, 2023, and August 8,
2023.
On November 27, 2023, Zeroed-In began mailing notice letters
informing Plaintiff and Class Members that their Private
Information was involved in the Data Breach.
As a result of the Data Breach, the Plaintiff and Class Members
suffered ascertainable losses, including loss of privacy, the loss
of the benefit of their bargain, out-of-pocket monetary losses and
expenses, the value of their time reasonably incurred to remedy or
mitigate the effects of the attack, the diminished value of their
Private Information, and the substantial and imminent risk of
identity theft, the lawsuit asserts.
The Plaintiff brings this class action lawsuit on behalf of those
similarly situated to address the Defendant's inadequate
safeguarding of the Plaintiff's and Class Members' Private
Information that it collected and maintained, and for failing to
provide adequate notice to the Plaintiff and other Class Members
that their information had been stolen by criminals and listed for
sale on the dark web.
Zeroed-In offers workforce analytics and data management software
to over 70 clients and has over 30,000 registered users.[BN]
The Plaintiff is represented by:
Thomas A. Pacheco, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, LLC
900 W Morgan Street
Raleigh, NC 27603
Telephone: (212) 946-9305
E-mail: tpacheco@milberg.com
- and -
Joseph M. Lyon, Esq.
Kevin M. Cox, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
E-mail: jlyon@thelyonfirm.com
kcox@thelyonfirm.com
ZEROED-IN TECHNOLOGIES: McDaniel Sues Over Unsecured Personal Info
------------------------------------------------------------------
Lashawn McDaniel, on behalf of himself and all others similarly
situated, Plaintiff v. Zeroed-In Technologies, LLC; Dollar Tree,
Inc.; Family Dollar, LLC, Defendants, Case No. 1:23-cv-03295 (D.
Md., Dec. 5, 2023) is a class action against Defendants for their
failure to properly secure and safeguard Plaintiff's and other
similarly situated persons' sensitive information, including their
full names, dates of birth, and Social Security numbers, or
personally identifiable information.
On or about August 8, 2023, Zeroed-In "discovered suspicious
activity related to certain systems." In response, Zeroed-In
"launched an investigation into the nature and scope of the
activity." As a result of the investigation, Zeroed-In concluded on
undisclosed date that "an unauthorized actor gained access to
certain systems between August 7, 2023, and August 8, 2023."
The Plaintiff brings this action on behalf of all persons whose PII
was compromised as a result of Defendants' failure to: (i)
adequately protect the PII of Plaintiff and Class Members; (ii)
warn Plaintiff and Class Members of Defendants' inadequate
information security practices; and (iii) effectively secure
hardware containing protected PII using reasonable and effective
security procedures free of vulnerabilities and incidents.
Defendants' conduct amounts at least to negligence and violates
federal and state statutes.
The Plaintiff seeks to remedy these harms and prevent any future
data compromise on behalf of himself and all similarly situated
persons whose personal data was compromised and stolen as a result
of the Data Breach and who remain at risk due to Defendants'
inadequate data security practices.
Zeroed-In Technologies, LLC is a data analytics company providing
services to clients including Family Dollar and Dollar Tree.[BN]
The Plaintiff is represented by:
Thomas A. Pacheco, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
900 W Morgan Street
Raleigh, NC 27603
Telephone: (212) 946-9305
E-mail: tpacheco@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
ZEROED-IN TECHNOLOGIES: Mintz Sues Over Unsecured Personal Info
---------------------------------------------------------------
BRITTANY MINTZ, individually and on behalf of all others similarly
situated, Plaintiff v. Zeroed-In Technologies, LLC, Defendant, Case
No. 2:23-cv-01137-SPC-NPM (M.D. Fla., Dec. 5, 2023) arises out of
Zeroed-In's failures to properly secure, safeguard, encrypt, and/or
timely and adequately destroy Plaintiff's and Class Members'
sensitive personal identifiable information that it had acquired
and stored for its business purposes, resulting in an August 2023
data breach of documents and information stored on the computer
network of the Defendant, including to the current and/or former
employers of Plaintiff and Class Members.
According to the complaint, the data breach was a direct result of
Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
Plaintiff and Class Members' private information. The Plaintiff
brings this class action lawsuit on behalf of those similarly
situated to address Defendant's inadequate safeguarding of Class
Members' private information that they collected and maintained,
and for failing to provide timely and adequate notice to Plaintiff
and other Class Members that their information had been subject to
the unauthorized access of an unknown third party and precisely
what specific type of information was accessed.
Accordingly, Plaintiff brings this action against Defendant for
negligence/negligence per se, breach of implied contract, unjust
enrichment, and declaratory relief, seeking redress for Zeroed-In's
alleged unlawful conduct.
Zeroed-In Technologies, LLC is a data analytics company providing
services to clients including Family Dollar and Dollar Tree.[BN]
The Plaintiff is represented by:
Katherine Earle Yanes, Esq.
KYNES, MARKMAN & FELMAN, P.A.
P.O. Box 3396
Tampa, FL 33601-3396
Telephone: (813) 229-1118
Facsimile: (813) 221-6750
E-mail: Kyanes@kmf-law.com
- and -
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
Lisa A. White, Esq.
MASON LLP
5335 Wisconsin Avenue, NW Suite 640
Washington, DC 20015
Telephone: (202) 429-2290
E-mail: gmason@masonllp.com
dperry@masonllp.com
lwhite@masonllp.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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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.
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