/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240124.mbx C L A S S A C T I O N R E P O R T E R Wednesday, January 24, 2024, Vol. 26, No. 18 Headlines 3M COMPANY: Fortin Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Geissinger Sues Over Exposure to Toxic Chemicals 3M COMPANY: Gentry Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Griffin Sues Over Exposure to Film-Forming Foams 3M COMPANY: Harrison Sues Over Exposure to toxic Film-Forming Foams ACADEMY MORTGAGE: Faces Stern Class Action Suit in D. Utah ACTS RETIREMENT: Settlement in Corra Class Suit Gets Initial Nod AETNA LIFE: Howard Bid to Certify Class Denied w/o Prejudice AHRC HEALTH: Court OKs Onate's Proposed Class Certification Notice ALAMO INTERMEDIATE: Presson Sues Over Unlawful Convenience Fee ALCLEAR LLC: Turner Files Suit in Cal. Super. Ct. ALLEGIANT FINAL: Court Narrows Claims in Decena Suit AMAZON WEB: Bid for Clarification Granted in Rivera Class Suit AMAZON.COM SERVICES: Hooper Suit Removed to W.D. Washington AMAZON.COM: Trevino Suit Removed to C.D. California AMERICAN PROPERTY: Fails to Pay Proper Wages, Carroll Alleges AMERICOR FUNDING: Consumer Nsight's Bid to Dismiss TCPA Suit OK'd APPLE INC: Parties Seek to Extend Class Cert. Deadlines in Friend APPLIED DIGITAL: Faces McConnell Shareholder Suit in Dallas Court ATEKCITY CORP: Castillo Sues Over Defective Air Fryers AUTOZONE INC: Aceves Suit Transferred to D. Massachusetts AUTOZONE INC: Alvarez Suit Transferred to D. Massachusetts BANK OF AMERICA: Roldan Suit Removed From Sup. Ct. to C.D. Cal. BANK OF AMERICA: Schak Suit Transferred to W.D. North Carolina BANQUET TABLES: Web Site Not Accessible to Blind, Karim Suit Says BARNIE'S II INC: Web Site Not Accessible to Blind, Karim Says BEFUNKY INC: Faces Castelaz Suit Over BIPA Violations BK DEMOLITION: Santillan Files Suit in Cal. Super. Ct. BOB'S DISCOUNT FURNITURE: Palkovic Files Suit in Cal. Super. Ct. BOEING CO: Passengers Sue Over Door Plug Blowout BON SECOURS: Settles 2015 OCSPA Class Suit for $3.5M BRIDGECREST CREDIT: Fowler Files Suit in E.D. Pennsylvania BROWN PAPER TICKETS: Open Book Suit Removed to S.D. California BRUNCH LTD: Milligan Files TCPA Suit in N.D. Illinois BUFFALO EXCHANGE: CMP & Scheduling Order Entered in Bryant Suit CALERES INC: Corrales Suit Removed to E.D. California CAMERON MITCHELL: Bid to Dismiss Haase's Amended Complaint Tossed CANADA: Faces Suit Over Child Abuse in Indigenous Day School CAPITOL CITY STUCCO: Martinez-Lopez Files Suit in Cal. Super. Ct. CARMAX AUTO: Landaverde Suit Removed to C.D. California CASHI CAKE INC: Reid Files ADA Suit in S.D. New York CELESTRON ACQUISITION: Seeks Denial of SSL Class Status Bid CHRIS RENKEN: Court Directs Filing of Discovery Plan in Harris CHW GROUP: Faces Bradshaw TCPA Class Lawsuit in D.N.J. CLEARCHOICE MANAGEMENT: Underpays Call Center Agents, Rupp Claims CLOROX COMPANY: Parties Must Confer on Class Cert Deadlines CMB EXPORT: Seeks More Time to Oppose Class Cert Bid in Cai Suit COMCAST CABLE: Faces Andros Class Suit Over Breach of Contract COMMUNITY HEALTH: Faces Lyston Class Action Suit in D.N.J. COVANTA DADE: Bid to Strike Class Claims Tossed in Brashevitzky CRAFT REVOLUTION: Bell Files Suit Over Alleged Tip Skimming CS DISCO INC: Gambrill Suit Transferred to W.D. Texas CVS PHARMACY: Wins Class Suit Over Sanitizers' False Ads Suit DELTA AIR LINES: Piecuch Suit Removed to N.D. Illinois DELTA DENTAL: Fails to Prevent Data Breach, Armock Alleges DELTA DENTAL: Mina Files Suit in Cal. Super. Ct. DIAMONDBACK E&P: Settlement Class Certified in Cook Lawsuit DUHADWAY KENDALL: Asbury FLSA Suit Transferred to W.D. Michigan DUKE UNIVERSITY: Parties Seek to Stay Class Cert. Proceedings EDGEWATER TECHNICAL: Smith Seeks Construction Managers' Unpaid OT ELECTRICAL MASTERS: Jiles Sues Over Unpaid Overtime ELECTROSTIM MEDICAL: Vernon Files TCPA Suit in S.D. Florida ELEVANCE HEALTH: Gonzalez Suit Removed to S.D. California EQUIFAX INFORMATION: Faces Williams-Diggins FCRA Suit in N.D. Ga. EQUILON ENTERPRISES: Senior Files ADA Suit in S.D. New York ESTEE LAUDER: Wins Class Suit Over Biometric Collection EVERI GAMES INC: Valenzuela Suit Removed to C.D. California EXTRACTION OIL: C&M Class Suit Removed From State Ct. to D. Colo. FANDOM INC: Shah Files Suit in Cal. Super. Ct. FAT MEAT: Faces Solares Wage-and-Hour Suit in E.D.N.Y. FEDCHEX RECOVERY: Sadasey Suit Removed to S.D. Florida FEDEX GROUND: Barren Suit Removed to S.D. California FIDELITY NATIONAL: Faces Hernandez Class Action Suit in M.D. Fla. FIDELITY NATIONAL: Horan Suit Removed to M.D. Florida FIRST TRANSIT: William Lawsuit Removed from Sup. Ct. to C.D. Cal. FLAGSTAR BANK: McIvor Suit Transferred to D. Massachusetts FLORIDA STATION: Cohen Sues Over Unpaid Minimum, Overtime Wages FRED HUTCHINSON: Beach Suit Removed to W.D. Washington FRED MEYER STORES: Sapphire Suit Removed to W.D. Washington FRESNO, CA: Faces Martinez Civil Rights Suit in E.D. Cal. FUJI HANA RESTAURANT: Chan Files Suit in N.Y. Sup. Ct. GEICO CASUALTY: Court OK's Day Bid to Seal Docs GEM NATION: Mercedes Files ADA Suit in S.D. New York GILDE COMMUNITY: Hopson Files Suit in Cal. Super. Ct. GRANDE COSMETICS: Settles False Advertisement Class Suit for $6.25M GREAT AMERICAN: Colak Files ADA Suit in E.D. New York HEALTH INSURANCE: March 28 Claim Form Submission Deadline Set HEALTHEC LLC: Faces Randall Class Action Suit in D.N.J. HEALTHEC LLC: Fails to Prevent Data Breach, Dinning Alleges HENKEL CORP: Faces Suit Over Misleading Laundry Detergent's Ads HILTON WORLDWIDE: Bid to Continue Class Cert in Travelers OK'd HISENSE USA: Refrigerators' Shelves "Defective," Volinsky Alleges ILLINOIS: Appeals to Stop Class Suit Over Red Light Camera Tickets INTEGRIS HEALTH: King Files Suit in W.D. Oklahoma JAY AMBANI HOSPITALITY: Sterling Files Suit in Cal. Super. Ct. JLM DECORATING: Martinez Wins Bid to Certify NYLL Class JOHNSON & JOHNSON: Harrison Suit Transferred to E.D. New York KANSAS CITY: Fine Seeks to Seal Exhibits Regarding Discovery KIRIN TRANSPORTATION: Wang Suit Seeks to Certify Rule 23 Class KOHL'S INC: Court Directs Filing of Discovery Plan in Ihnken Suit KRAFT HEINZ: Moffett FLSA Suit Moved From W.D. Pa. to E.D. Wis. LEGACY WIRELESS: Perkins Files Suit in Cal. Super. Ct. LOVE'S TRAVEL: Court Directs Discovery Plan Filing in Fechter Suit LUCCELLO INC: Faces Pagan ADA Class Action Suit in S.D. New York MAC COSMETICS: Parties Seek Extension of Class Cert Deadlines MATCH GROUP: Brown Suit Removed from Sup. Ct. to C.D. Cal. MCADOO'S SEAFOOD: Brixey's Bid for Courr-Authorized Notice OK'd META PLATFORMS: Settles Privacy Class Suit in Canada for $51M MT. LEBANON: Faces Alberty Class Action Suit in W.D. Pennsylvania NAVVIS & COMPANY: Faces Rekoske Class Action Suit in E.D. Mo. NAVVIS & COMPANY: Klassen Files Suit in E.D. Missouri NAVVIS & COMPANY: Montiel Files Suit in E.D. Missouri NEW PENN: Wins Bid to Deny Mattson Class Certification Bid NEW YORK: Faces Hui Juan Wu Wage-and-Hour Class Suit in E.D.N.Y. OAK RIDGE: Hoipkemier Sues Over Fraudulent Investment Scheme PAYCOM SOFTWARE: Caloto Suit Transferred to W.D. Oklahoma PERRY JOHNSON: Fails to Safeguard Patients' Info, Sullivan Says PINK TACO: Williams Sues Over Unpaid Wages for Restaurant Staff PLATINUM SECURITY: Smith Files Suit in Cal. Super. Ct. PRO CUSTOM: Niemczyk Must Serve Class Certification Bid by April 5 PRO CUSTOM: Walters Must Serve Class Certification Bid by April 5 QUICK BOX: Bid to File Documents Under Seal OK'd in Tan Class Suit ROBERT LUNA: Filing for Class Certification Bid Extended to May 1 ROMOLO CHOCOLATES: Settles Unpaid Wage Class Suit for $280,000 SAVISTA LLC: Fails to Pay Proper Wages, Evans Alleges SEE INC: Liz Files ADA Suit in S.D. New York SISTINA RESTAURANT: Fails to Pay Bussers' Overtime, Zhinin Alleges STRYKER CORP: Floyd's Bid to Certify Collective Partly OK'd TOP SMOKES: Sanchez Suit Seeks Forklift Operators' Unpaid Wages TRANSHUMANCE HOLDING: Faces Bailey Class Action Suit in Cal. Super. US BANK NATIONAL: Aguilar Suit Removed to C.D. California VENTURE HR SERVICES: Brooks Suit Removed to C.D. California VETERAN'S LOGISTICS: Wiley Sues Over Delivery Drivers' Unpaid OT VITAMIN SHOPPE: Heiting Suit Removed to C.D. California VOGUE RECOVERY: Underpays Behavioral Health Techs, Serpas Claims WILLIAM JAMES: All Fact Discovery Must be Completed by April 30 WITH YOU: Faces Saunders ADA Class Suit in S.D. New York ZENLEADS INC: Court Tosses as Moot Bellanca Bid for Class Cert. ********* 3M COMPANY: Fortin Sues Over Exposure to Toxic Aqueous Foams ------------------------------------------------------------ Armand L. Fortin, and other similarly situated v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06480-RMG (D.S.C., Dec. 13, 2023), is brought for damages stemming from personal injury resulting from exposure to aqueous film-forming foams ("AFFF") and firefighter turnout gear ("TOG") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff was regularly exposed to AFFF and TOG in training and to extinguish fires during their military/civilian firefighting career and was diagnosed with Prostate Cancer as a direct result of exposure to Defendants' products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors, and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: J. Edward Bell, III, Esq. Randolph L. Lee, Esq. Gabrielle A. Sulpizio, Esq. BELL LEGAL GROUP, LLC 219 N. Ridge Street Georgetown, SC 29440 Phone: (843) 546-2408 Fax: (843) 546-9604 Email: jeb@belllegalgroup.com rlee@belllegalgroup.com gsulpizio@belllegalgroup.com - and - John E. Lichtenstein, Esq. LICHTENSTEIN LAW GROUP PLC 347 Highland Avenue, Roanoke, VA 24016 Phone: (540)343-9711 Email: John.lichtenstein@lichtensteinlawgroup.com 3M COMPANY: Geissinger Sues Over Exposure to Toxic Chemicals ------------------------------------------------------------ Eugene T. Geissinger, and other similarly situated v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06504-RMG (D.S.C., Dec. 13, 2023), is brought for damages stemming from personal injury resulting from exposure to aqueous film-forming foams ("AFFF") and firefighter turnout gear ("TOG") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff was regularly exposed to AFFF and TOG in training and to extinguish fires during their military/civilian firefighting career and was diagnosed with Prostate Cancer as a direct result of exposure to Defendants' products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors, and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: J. Edward Bell, III, Esq. Randolph L. Lee, Esq. Gabrielle A. Sulpizio, Esq. BELL LEGAL GROUP, LLC 219 N. Ridge Street Georgetown, SC 29440 Phone: (843) 546-2408 Fax: (843) 546-9604 Email: jeb@belllegalgroup.com rlee@belllegalgroup.com gsulpizio@belllegalgroup.com - and - John E. Lichtenstein, Esq. LICHTENSTEIN LAW GROUP PLC 347 Highland Avenue, Roanoke, VA 24016 Phone: (540)343-9711 Email: John.lichtenstein@lichtensteinlawgroup.com 3M COMPANY: Gentry Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- David M. Gentry, and other similarly situated v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06494-RMG (D.S.C., Dec. 13, 2023), is brought for damages stemming from personal injury resulting from exposure to aqueous film-forming foams ("AFFF") and firefighter turnout gear ("TOG") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff was regularly exposed to AFFF and TOG in training and to extinguish fires during their military/civilian firefighting career and was diagnosed with Prostate Cancer as a direct result of exposure to Defendants' products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors, and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: J. Edward Bell, III, Esq. Randolph L. Lee, Esq. Gabrielle A. Sulpizio, Esq. BELL LEGAL GROUP, LLC 219 N. Ridge Street Georgetown, SC 29440 Phone: (843) 546-2408 Fax: (843) 546-9604 Email: jeb@belllegalgroup.com rlee@belllegalgroup.com gsulpizio@belllegalgroup.com - and - John E. Lichtenstein, Esq. LICHTENSTEIN LAW GROUP PLC 347 Highland Avenue, Roanoke, VA 24016 Phone: (540)343-9711 Email: John.lichtenstein@lichtensteinlawgroup.com 3M COMPANY: Griffin Sues Over Exposure to Film-Forming Foams ------------------------------------------------------------ David Griffin, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); Case No. 2:23-cv-06574-RMG (D.S.C., Dec. 14, 2023), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a state police officer and was diagnosed with thyroid cancer as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: James E. Murrill, Jr., Esq. Keith Jackson, Esq. RILEY & JACKSON, P.C. 3530 Independence Dr. Birmingham, AL 35209 Phone: 205-879-5000 Facsimile: 205-879-5901 3M COMPANY: Harrison Sues Over Exposure to toxic Film-Forming Foams ------------------------------------------------------------------- Willie F. Harrison, and other similarly situated v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06569-RMG (D.S.C., Dec. 14, 2023), is brought for damages stemming from personal injury resulting from exposure to aqueous film-forming foams ("AFFF") and firefighter turnout gear ("TOG") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff was regularly exposed to AFFF and TOG in training and to extinguish fires during their military/civilian firefighting career and was diagnosed with Prostate Cancer and Thyroid Disease as a direct result of exposure to Defendants' products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors, and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: J. Edward Bell, III, Esq. Randolph L. Lee, Esq. Gabrielle A. Sulpizio, Esq. BELL LEGAL GROUP, LLC 219 N. Ridge Street Georgetown, SC 29440 Phone: (843) 546-2408 Fax: (843) 546-9604 Email: jeb@belllegalgroup.com rlee@belllegalgroup.com gsulpizio@belllegalgroup.com - and - John E. Lichtenstein, Esq. LICHTENSTEIN LAW GROUP PLC 347 Highland Avenue, Roanoke, VA 24016 Phone: (540)343-9711 Email: John.lichtenstein@lichtensteinlawgroup.com ACADEMY MORTGAGE: Faces Stern Class Action Suit in D. Utah ---------------------------------------------------------- A class action lawsuit has been filed against Academy Mortgage Corporation. The case is captioned as Stern v. Academy Mortgage Corporation, Case No. 2:24-cv-00015-DBB (D. Utah, Jan. 5, 2024). The nature of suit states alleges violation of the Diversity-Other Contract demanding $5M in damages. The case is assigned to the Hon. Judge David Barlow. Academy Mortgage Corporation operates as a mortgage lenders. The Company offers home financing services such as mortgages and home equity loans. [BN] Plaintiff Lazaro Stern, on behalf of himself and all others similarly situated, is represented by: Trevor C. Lang, Esq. Jason R. Hull, Esq. MARSHALL OLSON & HULL PC 10 Exchange Pl Ste 350 Salt Lake City, UT 84111 Telephone: (801) 456-7655 E-mail: tlang@mohtrial.com jhull@mohtrial.com ACTS RETIREMENT: Settlement in Corra Class Suit Gets Initial Nod ----------------------------------------------------------------- In the class action lawsuit captioned as CARA-AIMEE LONG CORRA et al., individually and on behalf of all others similarly situated, v. ACTS RETIREMENT SERVICES, INC., Case No. 2:22-cv-02917-GEKP (E.D. Pa.), the Hon. Judge Gene E.K. Pratter entered an order granting preliminary approval of Settlement: -- The Court appoints Angeion Group to serve as Settlement Administrator. -- The Court approves the form of the notice program. -- The Court provisionally certifies the following Settlement Class: "All persons whose personal identifying information and/or protected health information was potentially compromised in the Data Security Incident that occurred in April 2022, and who received notice from ACTS of the Data Security Incident." Excluded from the Settlement Class are: (i) ACTS; (ii) the Related Entities; (iii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iv) any Judges assigned to this case and their staff and family; and (v) any other Person found by a count of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Data Security Incident or who pleads nolo contendere to any such charge." Acts Retirement is an owner, operator and developer of continuing care retirement communities in the United States. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3u0EIu3 at no extra charge.[CC] AETNA LIFE: Howard Bid to Certify Class Denied w/o Prejudice ------------------------------------------------------------ In the class action lawsuit captioned as Andrew Howard, et al., v. Aetna Life Insurance Company, Case No. 2:22-cv-01505-CJC-MRW (C.D. Cal.), the Hon. Judge Cormac J. Carney entered an order denying without prejudice the Plaintiffs' motion to certify class. Accordingly, the Court denies without prejudice the Plaintiff's motion to certify a class, and the hearing scheduled for January 8, 2024 is vacated. The Plaintiff shall have until February 26, 2024 to refile and have heard his motion after meeting all requirements under the Central District's Local Rules. The case and another action previously filed, Hendricks, et al. v. Aetna Life Insurance Company, Case No. 2:19-cv-6840-CJC (MRWx) (C.D. Cal), are about Defendant Aetna Life's practice of denying claims for lumbar artificial disc replacement surgery as "experimental and investigational." Aetna offers a broad range of traditional and consumer-directed health insurance products and related services. A copy of the Court's order dated Jan. 3, 2024 is available from PacerMonitor.com at https://bit.ly/48FCnUM at no extra charge.[CC] AHRC HEALTH: Court OKs Onate's Proposed Class Certification Notice ------------------------------------------------------------------ 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 approving the Plaintiff's proposed class certification notice. On Dec. 14, 2023, the Court granted, in part, the Plaintiff's motion for class certification and certified the following classes pursuant to Rule 23 of the Federal Rules of Civil Procedure: -- 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 Plaintiff filed a letter motion dated December 30, 2023, seeking Court approval of Plaintiff's proposed Class Notice to the Classes. The Court also finds that the Plaintiff's proposal to disseminate the Class Notice via First Class United States Mail to the last known address of each Class Member (based on records to be provided by Defendant), in addition to dissemination via electronic mail for those Class Members for whom the Defendant maintains an email address, is the best notice practicable under the circumstances and fully meets the requirements of federal law. AHRC is an alcohol and drug detox rehab center. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/41ZI1hO at no extra charge.[CC] ALAMO INTERMEDIATE: Presson Sues Over Unlawful Convenience Fee -------------------------------------------------------------- James Presson, individually and on behalf of all others similarly situated v. ALAMO INTERMEDIATE II HOLDINGS, LLC, Case No. 1:24-cv-00170-ER (S.D.N.Y., Jan. 9, 2024), is brought against the Defendant's unlawful convenience fee regarding movie tickets which violates the New York State Arts and Cultural Affairs Law. For over a year, Defendant has been nickel and diming movie goers on its website in violation of the New York State Arts and Cultural Affairs Law. Whenever a movie-goer selects a ticket on the website drafthouse.com or Defendant's mobile phone application, they are quoted a fee-less price, only to be ambushed by a $1.89 "convenience fee" per ticket at checkout after clicking through the various screens required to make a purchase. This cheap trick has enabled Defendant to swindle substantial sums of money from its customers. To stop this hustle, New York passed Arts and Cultural Affairs Law which provides that "every operator of a place of entertainment shall disclose the total cost the ticket, inclusive of all ancillary fees that must be paid in order to purchase the ticket." "Such disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase." And "the price of the ticket shall not increase during the purchase process." For these reasons, Plaintiff seeks relief in this action individually, and on behalf of all other ticket purchasers for Defendant's film screenings in the state of New York for actual and/or statutory damages, reasonable attorneys' costs and fees, and injunctive relief under New York Arts and Cultural Affairs Law, says the complaint. The Plaintiff purchased a ticket to see a movie at a cinema operated by Defendant in New York City. The Defendant operates brick and mortar cinemas throughout the United States, including dozens in the state of New York.[BN] The Plaintiff is represented by: Philip L. Fraietta, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Phone: (646) 837-7150 Facsimile: (212) 989-9163 Email: pfraietta@bursor.com - and - Stefan Bogdanovich, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Facsimile: (925) 407-2700 Email: sbogdanovich@bursor.com ALCLEAR LLC: Turner Files Suit in Cal. Super. Ct. ------------------------------------------------- A class action lawsuit has been filed against ALCLEAR, LLC, et al. The case is styled as Tyonna Turner, on behalf of herself and all others similarly situated v. ALCLEAR, LLC, et al., Case No. 24CV000451 (Cal. Super. Ct., Sacramento Cty., Jan. 11, 2024). Alclear, LLC, doing business as CLEAR -- https://clearme.com/ -- is a technology company that provides a biometric secure identity platform that stores individuals' personal information.[BN] ALLEGIANT FINAL: Court Narrows Claims in Decena Suit ---------------------------------------------------- In the class action lawsuit captioned as CHRISTIAN DECENA, ET AL., v. ALLEGIANT FINAL MILE, INC., ET AL., Case No. 4:23-cv-03633-YGR (N.D. Cal.), the Hon. Judge Yvonne Gonzalez Rogers entered an order granting in part and denying in part the motion to dismiss and denying the motion to strike in the alternative. -- The Court grants the Motion to dismiss with leave to amend plaintiffs' claims for failure to pay overtime (Count 2); failure to provide meal periods (Count 3); and failure to provide rest periods (Count 4). -- The Court also grants the motion to clarify but otherwise denies the Motion to Dismiss and Motion to Strike in the Alternative. -- The Plaintiffs shall file an amended complaint within 21 days of this Order and comply with paragraph 13 of the standing order. Defendants shall respond within 21 days thereafter and shall not assert any new arguments which could have been asserted in the first instance. The Plaintiffs Christian Decena, Hairon Martinez, Miguel Rios, and Rigoberto Godoy bring this putative class action lawsuit against three defendants including Allegiant, DL&D, and MFI for violations of California employment laws and regulations, including failure to pay minimum wage (Count 1); failure to pay overtime compensation (Count 2); failure to reimburse employment expenses (Count 3); unlawful deduction from wages (Count 4); failure to provide meal periods (Count 5); failure to authorize and permit rest periods (Count 6); failure to furnish accurate wage statements (Count 7); and waiting time penalties (Count 8). The Plaintiffs also allege violations of California's Unfair Business Practices Act (Count 9) and bring a claim under the California Private Attorneys General Act (Count 10). Allegiant and DL&D move to dismiss for failure to state a claim or in the alternative, move to strike or dismiss the Second, Fifth, and Sixth Causes of Action in the First Amended Complaint. The Plaintiffs bring this suit on behalf of "Drivers," "Helpers," and "Contract Carriers" (together, "Delivery Drivers") who perform delivery services for defendants. The named plaintiffs work as "Drivers" or "Helpers" pursuant to "Broker/Carrier Agreements" with defendants Allegiant and DL&D, who in turn manage the planning and execution of "last mile deliveries" to retail customers such as defendant MFI. The Defendants allegedly misclassified plaintiffs and the other Delivery Drivers as independent contractors. The Defendants thus have failed to reimburse the Delivery Drivers for necessary business expenditures; failed to pay wages for all hours worked by the Delivery Drivers; failed to pay the Delivery Drivers applicable legal minimum wages and overtime wages; failed to provide meal and rest periods due to Delivery Drivers; failed to provide the Delivery Drivers with timely and accurate wage and hour statements; failed to pay the Delivery Drivers compensation in a timely manner upon their termination or resignation or maintain complete and accurate payroll records for the Delivery Drivers; and wrongfully withheld wages and compensation due to the Delivery Drivers. Allegiant is a licensed and DOT registred trucking company. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/4b0i8lW at no extra charge.[CC] AMAZON WEB: Bid for Clarification Granted in Rivera Class Suit -------------------------------------------------------------- In the class action lawsuit captioned as AVELARDO RIVERA and YASMINE ROMERO, individually and on behalf of all others similarly situated, v. AMAZON WEB SERVICES, INC., a Delaware corporation, Case No. 2:22-cv-00269-JHC (W.D. Wash.), the Hon. Judge John H. Chun entered an order granting Amazon Web's motion for clarification: -- The Court clarifies that Section C of its September 27, 2023, Order does not preclude AWS from arguing that class certification is inappropriate because of variations in the ways AWS customers deployed Recognition, including differences in customers' notice- and-consent mechanisms. Amazon Web is a subsidiary of Amazon that provides on-demand cloud computing platforms and APIs to individuals, companies, and governments, on a metered, pay-as-you-go basis. A copy of the Court's order dated Dec. 29, 2023 is available from PacerMonitor.com at https://bit.ly/3O3oEic at no extra charge.[CC] AMAZON.COM SERVICES: Hooper Suit Removed to W.D. Washington ----------------------------------------------------------- The case captioned as Zachary Hooper, individually and on behalf of all others similarly situated v. AMAZON.COM SERVICES LLC, a Delaware Limited Liability Company, and DOES 1-10, inclusive, Case No. 23-2-24124-0 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 Jan. 11, 2024, and assigned Case No. 2:24-cv-00056. The Plaintiff seeks to represent "all employees of Defendant who worked from their residences within the Seattle, Washington city limits at least more than two hours during a two-week period and who used their home internet and/or personal cell or home phones to perform work-related duties in Seattle, Washington for Defendant at any time from three years prior to the filing of the Complaint through February 28, 2022." Plaintiff asserts one claim against Amazon: alleged wage theft under Seattle Municipal Code. The Plaintiff's wage theft theory is that, during the COVID-19 pandemic, Amazon required or encouraged Plaintiff and the putative class members to work remotely, causing such putative class members to incur "home office expenses," which Plaintiff alleges included home internet and mobile phone expenses.[BN] The Defendants are represented by: Andrew E. Moriarty, Esq. Kyle D. Nelson, Esq. Shannon McDermott, 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 KyleNelson@perkinscoie.com AMAZON.COM: Trevino Suit Removed to C.D. California --------------------------------------------------- The case captioned as Barbara Trevino, individually and on behalf of all others similarly situated v. AMAZON.COM, INC., a Delaware corporation; AMAZON.COM INTERNATIONAL, INC., a Delaware corporation; AMAZON.COM LLC, a Delaware limited liability company; AMAZON.COM SERVICES LLC, a Delaware limited liability company; AMAZON.COM SERVICES, INC., a Delaware corporation; AUDIBLE, INC., a Delaware corporation; ALEXA INTERNET, a California corporation; and DOES 1 through 100, Case No. 23STCV29540 was removed from the Superior Court of the State of California for the County of Los Angeles, to the U.S. District Court for the Central District of California on Jan. 10, 2024, and assigned Case No. 2:24-cv-00240. In the Complaint, Plaintiff alleges that Amazon.com's Conditions of Use, which govern its website and mobile application, violated California Civil Code by purportedly including a provision that limits consumers' use of Amazon's "trademarked brand names." Based on such allegations, Plaintiff brings claims for violation of: California Civil Code; and California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof. Code. Plaintiff seeks damages, statutory damages, restitution, injunctive and declaratory relief, and attorneys' fees.[BN] The Defendants are represented by: John Goldmark, Esq. Heather F. Canner, Esq. Erwin Reschke, Esq. DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, CA 90017-2566 Phone: (213) 633-6800 Fax: (213) 633-6899 Email: johngoldmark@dwt.com heathercanner@dwt.com erwinreschke@dwt.com AMERICAN PROPERTY: Fails to Pay Proper Wages, Carroll Alleges ------------------------------------------------------------- KENNETH CARROLL, individually and on behalf of all others similarly situated, Plaintiff v. AMERICAN PROPERTY SOLUTIONS LLC.; and TIA HIPPELHEUSER Defendants, Case No. 6:24-cv-00056 (M.D. Fla., Jan. 9, 2024) 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 Carroll was employed by the Defendant as a laborer. AMERICAN PROPERTY SOLUTIONS LLC. is a general, electrical, and HVAC contractor, servicing Florida. [BN] The Plaintiff is represented by: Noah E. Storch, Esq. RICHARD CELLER LEGAL, P.A. 10368 W. State Road 84, Suite 103 Davie, FL 33324 Telephone: (866) 344-9243 Facsimile: (954) 337-2771 Email: noah@floridaovertimelawyer.com AMERICOR FUNDING: Consumer Nsight's Bid to Dismiss TCPA Suit OK'd ----------------------------------------------------------------- In the class action lawsuit captioned as VIRGINIA JOHNSON-GRUVER, individually and on behalf of others similarly situated, v. AMERICOR FUNDING LLC and CONSUMER NSIGHT LLC, Case No. 3:23-cv-00125-DPM (E.D. Ark.), the Hon. Judge D.P. Marshall Jr. entered an order: -- Granting Consumer Nsight' s motion to dismiss; and -- Denying Americor' s motion to dismiss and motion to strike. Johnson-Gruver claims Americor Funding LLC and Consumer Nsight LLC coordinated to make four telemarketing calls to her that violated the federal Telephone Consumer Protection Act (TCPA). She sues individually and on behalf of others similarly situated. Consumer Nsight says the Court lacks personal jurisdiction over it. Americor moves to strike the class allegations and to dismiss the complaint. The Court accepts the pleaded facts as true and draws all reasonable inferences in Johnson-Gruver's favor. Trone Health Seroices, Inc. v. Express Scripts Holding Co., 974 F.3d 845, 850 (8th Cir. 2020). Consumer N sight's motion to dismiss for want of personal jurisdiction is granted. Arkansas law extends personal jurisdiction as far as the Due Process Clause allows. The Court tests Johnson-Gruver's prima facie showing by the parties' pleadings, motions, and supporting affidavits and exhibits. Johnson-Gruver alleges that her number has been on that registry since 2006. She claims she received a series of telemarketing calls between December 2022 and January 2023. She says that Americor hired Consumer Nsight to make these calls and that the calls promoted Americor' s services. She also claims that she spoke with two Americor representatives on the 6 January 2023 call who provided her with their Americor email addresses. Accepting Johnson-Gruver' s pleaded facts as true, she states a plausible TCP A claim against Americor under an agency theory of liability. Golan v. FreeEats.com, Inc., 930 F.3d 950, 960-61 (8th Cir. 2019). Americor provides debt relief for those who are overburdened with unsecured debt including credit cards, personal loans, and medical bills. A copy of the Court's order dated Dec. 29, 2023 is available from PacerMonitor.com at https://bit.ly/3Sh6bBc at no extra charge.[CC] APPLE INC: Parties Seek to Extend Class Cert. Deadlines in Friend ----------------------------------------------------------------- In the class action lawsuit captioned as DANIEL FRIEND, DAPHNE PAREAS, SCOTT SEVELAND, PATRICE SHERMAN, NESTOR ALMEIDA, ADELINA LAVECCHIA, DAN HENDERSON, MARITZA ANGELES, TIM INSELMANN, MAGDALA CASIMIR, WILLIAM WEST-DAVIS, PATRICIA MEDBERRY, and AZARA COLINDREZ, individually and on behalf of all others similarly situated, v. APPLE INC., Case No. 3:21-cv-07109-AMO (N.D. Cal.), the Parties ask the Court to enter an order extending class certification deadlines: Current Proposed Deadline Deadline Plaintiffs' motion for class Jan. 17, 2024 Apr. 16, 2024 certification Apple's opposition to Mar. 20, 2024 June 18, 2024 Plaintiffs' motion for class certification Plaintiffs' reply in support of Apr. 30, 2024 July 29, 2024 their motion for class certification Hearing on motion for class June 13, 2024 Sept. 12, 2024 certification The Plaintiffs filed their Second Amended Consolidated Complaint (SACC) on Oct. 21, 2022. The Plaintiffs' current deadline to move for class certification by January 17, 2024. The Court required the parties to complete mediation by May 10, 2024. The Parties attended a mediation on July 10, 2023 with Judge Rebecca Westerfield. Apple is a multinational technology company that designs, develops, and sells consumer electronics, computer software, and online services. A copy of the Court's the Parties' motion dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3Hlz74L at no extra charge.[CC] The Plaintiffs are represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com - and - Nicholas Migliaccio, Esq. Jason Rathod, Esq. MIGLIACCIO & RATHOD LLP 388 Market St., Suite 1300 San Francisco, CA 94111 Telephone: (415) 489-7004 Facsimile: (202) 800-2730 E-mail: nmigliaccio@classlawdc.com jrathod@classlawdc.com The Defendant is represented by: David R. Singh, Esq. Morgan D. Macbride, Esq. WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway, 6th Floor Redwood Shores, CA 94065-1134 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 E-mail: david.singh@weil.com morgan.macbride@weil.com APPLIED DIGITAL: Faces McConnell Shareholder Suit in Dallas Court ----------------------------------------------------------------- Applied Digital Corporation disclosed in its Form 10-K report for the quarterly period ended November 30, 2024, filed with the Securities and Exchange Commission on January 16, 2024, that on August 12, 2023, a putative securities class action complaint, captioned "McConnell v. Applied Digital Corporation, Wesley Cummins and David Rench," No. 3:23-cv-1805, was filed in the U.S. District Court for the Northern District of Texas, Dallas Division against Applied Digital Corporation and two of its officers, Chief Executive Officer Wesley Cummins and Chief Financial Officer David Rench, asserting violations of Sections 10(b) and 20(a) of the Securities Exchange Act. The complaint alleges that the defendants made materially false and misleading statements regarding the its business, operations, and compliance policies. Specifically, the complaint alleges that the company overstated the profitability of its datacenter hosting business and its ability to successfully transition into a low-cost cloud services provider and that its board of directors was not "independent" within the meaning of NASDAQ listing rules. Applied Digital Corporation is a designer, builder, and operator of digital infrastructure providing cost-competitive solutions to customers. ATEKCITY CORP: Castillo Sues Over Defective Air Fryers ------------------------------------------------------ SHIRLEY CASTILLO; and KADEN GEIGER, individually and on behalf of all others similarly situated, Plaintiffs v. ATEKCITY CORPORATION; and VESYNC CORPORATION, Defendants, Case No. 3:24-cv-00176 (N.D. Cal., Jan. 9, 2024) is a class action against the Defendants for the manufacture, marketing, and sale of its Cosori brand air fryers, all of which suffer from an alleged identical defect in design. According to the Plaintiffs in the complaint, the Products can unexpectedly overheat, posing fire and burn hazards (the "Defect"). The Defect is extraordinarily dangerous and has rendered the Products unsuitable for their principal and intended purpose. Due to the dangerous nature of the Defect, Defendants initiated a recall (the "Recall") of its Cosori brand air fryers. However, the Recall is grossly inadequate, as it does not provide consumers, like the Plaintiffs, with immediate monetary relief, fails to provide sufficient notice to consumers, and fails to include all models affected by the Defect. Had there been a disclosure, the Plaintiff would not have bought the Products because the Defect would have been material to her, or at the very least, she would have purchased the Products at a substantially reduced price, says the suit. ATEKCITY CORPORATION develops smart home platform that connect air quality, health monitoring, kitchen, lighting, and outlet systems. The Company helps users to manage home, save energy, and bring remote items within hand held reach. [BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ltfisher@bursor.com AUTOZONE INC: Aceves Suit Transferred to D. Massachusetts --------------------------------------------------------- The case captioned as Salvador Aceves, Jr., individually, and on behalf of all others similarly situated v. AutoZone, Inc., Case No. 2:23-cv-09960 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Massachusetts on Jan. 10, 2024. The District Court Clerk assigned Case No. 1:24-cv-10069-ADB to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. AutoZone, Inc. -- https://www.autozone.com/ -- is an American retailer of aftermarket automotive parts and accessories, the largest in the United States.[BN] The Plaintiff is represented by: Daniel Srourian, Esq. DANIEL SROURIAN 3435 Wilshire Blvd., Suite 1710 Los Angeles, CA 90010 Phone: (213) 474-3800 Email: daniel@slfla.com AUTOZONE INC: Alvarez Suit Transferred to D. Massachusetts ---------------------------------------------------------- The case captioned as David Alvarez, on behalf of himself and all others similarly situated v. AutoZone, Inc., Case No. 2:23-cv-02766 was transferred from the U.S. District Court for the Western District of Tennessee, to the U.S. District Court for the District of Massachusetts on Jan. 10, 2024. The District Court Clerk assigned Case No. 1:24-cv-10074-ADB to the proceeding. The nature of suit is stated as Consumer Credit for Right to Privacy Act. AutoZone, Inc. is an American retailer of aftermarket automotive parts and accessories, the largest in the United States.[BN] The Plaintiff is represented by: J. Gerard Stranch, IV, Esq. BRANSTETTER STRANCH & JENNINGS, PLLC - NASHVILLE 223 Rosa L. Parks Ave., Suite 200 Nashville, TN 37203 Phone: (615) 254-8801 Fax: (615) 250-3937 Email: gerards@bsjfirm.com The Defendant is represented by: Gilbert S. Keteltas, Esq. BAKER & HOSTETLER LLP 1050 Connecticut Ave, NW, Ste 1100 Washington, DC 20036 Phone: (202) 861-1530 Email: gketeltas@bakerlaw.com - and - Kyle T. Cutts, Esq. BAKER & HOSTETLER LLP Key Tower, 127 Public Square, Ste. 2000 Cleveland, OH 44114 Phone: (216) 861-7576 Email: kcutts@bakerlaw.com BANK OF AMERICA: Roldan Suit Removed From Sup. Ct. to C.D. Cal. --------------------------------------------------------------- The class action lawsuit captioned as Roldan, III et al v. Bank of America, N.A. et al., Case No. 23STCV28840, was removed from the Los Angeles County Superior Court of California to United States District Court for the Central District of California on Jan. 5, 2024. The Central California District Court Clerk assigned Case No. 2:24-cv-00136 to the proceeding. The nature of suit states Diversity-Contract Dispute. Bank of America offers saving and current account, investment and financial services.[BN] The Defendant is represented by: Matthew D. Benedetto, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 350 South Grand Avenue, Suite 2400 Los Angeles, CA 90071 Telephone: (213) 443-5300 Facsimile: (213) 443-5400 E-mail: matthew.benedetto@wilmerhale.com BANK OF AMERICA: Schak Suit Transferred to W.D. North Carolina -------------------------------------------------------------- The case captioned as Robert Schak, individually, and on behalf of all others similarly situated v. Bank Of America, N.A., Bank of America Corporation, Case No. 1:23-cv-06127 was transferred from the U.S. District Court for the Northern District of Illinois, to the U.S. District Court for the Western District of North Carolina on Jan. 10, 2024. The District Court Clerk assigned Case No. 3:24-cv-00027-KDB-DCK to the proceeding. The nature of suit is stated as Consumer Credit for the Truth in Lending. The Bank of America Corporation -- http://www.bankofamerica.com/-- is an American multinational investment bank and financial services holding company headquartered at the Bank of America Corporate Center in Charlotte, North Carolina.[BN] The Plaintiff is represented by: Kara A. Elgersma, Esq. WEXLER BOLEY & ELGERSMA LLP 311 S. Wacker Drive, Suite 5450 Chicago, IL 60606 Phone: (312) 346-2222 Email: kae@wbe-llp.com - and – Daniel E. Gustafson, Esq. Daniel J. Nordin, Esq. Abou B. Amara, Jr., Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Phone: (612) 333-8844 Email: dgustafson@gustafsongluek.com dnordin@gustafsongluek.com aamara@gustafsongluek.com - and – Rebecca A. Peterson, Esq. Robert K. Shelquist, Esq. LOCKRIDGE GRINDAL NAUEN PLLP 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Phone: (612) 339-6300 Email: rapeterson@locklaw.com rkshelquist@locklaw.com The Defendant is represented by: Amanda Leigh Groves, Esq. WINSTON & STRAWN LLP 300 South Tryon Street-16th Floor Charlotte, NC 28202 Phone: (704) 350-7755 Fax: (704) 350-7800 Email: agroves@winston.com - and – Elizabeth Jeanne Ireland, Esq. WINSTON & STRAWN LLP 100 North Tryon St., Suite 2900 Charlotte, NC 28202 Phone: (704) 350-7812 Fax: (704) 350-7812 Email: eireland@winston.com - and – Ross Jacob Corbett WINSTON & STRAWN, LLP 35 W. Wacker Dr. Chicago, IL 60601 Phone: (312) 558-3760 BANQUET TABLES: Web Site Not Accessible to Blind, Karim Suit Says ----------------------------------------------------------------- JESSICA KARIM, individually and on behalf of all others similarly situated, Plaintiff v. BANQUET TABLES PRO, LLC, Defendant, Case No. 1:24-cv-00129 (S.D.N.Y., Jan. 8, 2024) alleges violation of the Americans with Disabilities Act. The Plaintiff alleges in the complaint that the Defendant's Web site, https://www.banquettablespro.com, is not fully or equally accessible to blind and visually-impaired consumers, including the Plaintiff, in violation of the ADA. 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. BANQUET TABLES PRO, LLC sells folding tables, highboy cocktail tables, light up tables, cafe tables, chairs, linens & more [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 Email: Glevyfirm@gmail.com BARNIE'S II INC: Web Site Not Accessible to Blind, Karim Says ------------------------------------------------------------- JESSICA KARIM, individually and on behalf of all others similarly situated, Plaintiff v. BARNIE'S II, INC., Defendant, Case No. 1:24-cv-00131 (S.D.N.Y., Jan. 8, 2024) alleges Defendant's violation of the Americans with Disabilities Act. The Plaintiff alleges in the complaint that the Defendant's Web site, https://www.barniescoffee.com, is not fully or equally accessible to blind and visually-impaired consumers, including the Plaintiff, in violation of the ADA. 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. BARNIE'S II, INC. doing business as Barnie's Coffee & Tea Co, operates as a coffee store. The Company provides single-serve cups, ground, and whole bean bags. [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 Email: Glevyfirm@gmail.com BEFUNKY INC: Faces Castelaz Suit Over BIPA Violations ----------------------------------------------------- CELIA CASTELAZ, individually and on behalf of all others similarly situated, Plaintiff v. BEFUNKY, INC., Defendant, Case No. 2024LA000034 (Ill. Cir., Dupage Cty., Jan. 9, 2024) alleges violation of the Illinois Biometric Information Privacy Act. According to the complaint, the Defendant is engaged in collecting, storing, and using the Plaintiff's and other similarly situated individuals' biometric identifiers and biometric information (referred to collectively, as "biometrics") without obtaining the requisite prior informed written consent or providing the requisite data retention and destruction policies, in direct violation of BIPA. In direct violation of each of the BIPA, the Defendant is actively collecting, storing, and using the face geometry and associated personally-identifying information of thousands of Illinois residents, who have used its website (the "Website") and the iOS and Android versions of its app (the "App") while located in Illinois, without providing notice, obtaining informed written consent, or publishing data retention policies, says the suit. BEFUNKY, INC. is an online and mobile photo editor. It enables users to edit photos, add photo effects, create collages, and save them to local drives or share them on social media sites. [BN] The Plaintiff is represented by: Philip L. Fraietta, Esq. Julian Diamond, Esq. Matthew Girardi, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 Email: pfraietta@bursor.com jdiamond@bursor.com mgirardi@bursor.com BK DEMOLITION: Santillan Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against BK Demolition, LLC, et al. The case is styled as Jesus Santillan, on behalf of himself and all others similarly situated v. BK Demolition, LLC, et al., Case No. 24CV000191 (Cal. Super. Ct., Sacramento Cty., Jan. 8, 2024). BK Demolition, LLC -- https://bkdemolition.com/ -- has expertise in demolishing structures, which includes house demolition, garage demolition, mobile home demolition, and other building demolition projects.[BN] BOB'S DISCOUNT FURNITURE: Palkovic Files Suit in Cal. Super. Ct. ---------------------------------------------------------------- A class action lawsuit has been filed against Bob's Discount Furniture, LLC, et al. The case is styled as Shae Palkovic, on behalf of herself and all others similarly situated v. Bob's Discount Furniture, LLC, et al., Case No. 24CV000430 (Cal. Super. Ct., Sacramento Cty., Jan. 11, 2024). Bob's Discount Furniture -- https://www.mybobs.com/ -- is an American furniture store chain headquartered in Manchester, Connecticut.[BN] BOEING CO: Passengers Sue Over Door Plug Blowout ------------------------------------------------ Faris Tanyos of CBS News reports that a class-action lawsuit was filed on January 11, 2024 against aircraft manufacturer Boeing on behalf of multiple passengers who were aboard an Alaska Airlines flight last week that was forced to make an emergency landing in Portland, Oregon, after a portion of the fuselage blew out in midair. The lawsuit -- filed on behalf of six passengers and a relative in King County Superior Court in Washington state, where Boeing is headquartered -- alleges that "the event physically injured some passengers and emotionally traumatized most if not all aboard." On the night of Jan. 5, Alaska Airlines Flight 1282 was carrying 174 passengers and six crew members bound for Ontario, California, when a door plug of blew out just minutes after the Boeing 737 Max 9 had taken off from Portland. The plane was able to safely return to Portland International Airport. Officials said several people sustained minor injuries, but no one was seriously hurt. "The violence of the event bruised the bodies of some," the lawsuit alleges. "The cockpit door blew open and a flight attendant rushed to try to close it. The pressure change made ears bleed and combined with low oxygen, loud wind noise and traumatic stress made heads ache severely. Passengers were shocked, terrorized and confused, thrust into a waking nightmare, hoping they would live long enough to walk the earth again." The lawsuit also noted that "the force of the depressurization ripped the shirt off a boy." Alaska Airlines was not named as a defendant in the lawsuit. When reached by CBS News late on January 11, 2024 night, a Boeing spokesperson had no comment on the lawsuit. "Boeing is responsible for the safety of design and maintenance instructions as well as continuing airworthiness of the aircraft," the lawsuit reads. The lawsuit quotes Boeing CEO David Calhoun, who admitted to employees in a meeting on January 9, 2024 that the company is "acknowledging our mistake" in the wake of the incident. "Calhoun calls the defect that led to this lived nightmare 'our mistake' and publicly admitted, by his implication, that the plug was not properly secured to the fuselage either during manufacture or otherwise while the aircraft was being built by Boeing, and/or its subcontractor, Spirit AeroSystems," the lawsuit reads. Spirit AeroSystems, the manufacturer of the blown-out door plug, had been a manufacturing unit of Boeing until it was spun off in 2005. It is facing a separate federal class-action lawsuit which was filed back in May alleging that Spirit AeroSystems had experienced "sustained quality failures" in its products. The Federal Aviation Administration has since grounded all 171 Boeing 737 Max 9s which have a plug door. It said on January 9, 2024 that those aircraft "will remain grounded until the FAA finds each can safely return to operation." And on January 11, 2024, the FAA announced that it was launching an investigation into whether Boeing "failed to ensure" whether the jet conformed to its design and whether its aircraft "were in a condition for safe operation in compliance with FAA regulations." It added that the investigation stems from the door plug's blowout and "additional discrepancies." National Transportation Safety Board chair Jennifer Homendy told reporters last weekend that "we are very, very fortunate" no one was seated in the two adjoining seats closest to the detached door plug, whose purpose was to cover an unused exit door. The lost door plug was discovered Jan. 7 in the backyard of a high school physics teacher in the Portland metropolitan area. Two cell phones which were sucked out of the plane were also found on the ground in the Portland area, one of which was still working. Homendy said the plane was just weeks-old, having just been delivered to Alaska Airlines in late October. Homendy also disclosed that pilots had reported that the same plane experienced three pressurization warnings, from cockpit dashboard lights, between Dec. 7 and Jan. 4. At least one occurred in-flight. NTSB investigators are increasingly looking at four unaccounted-for bolts that should have kept the door panel from flying off during the flight. NTSB officials have said they are not yet sure if the bolts on Alaska Airlines Boeing 737 Max 9 "ever existed." Both United Airlines and Alaska Airlines, which have canceled hundreds of flights due to the grounded planes, reported on January 8, 2024 that inspections of door plugs on grounded 737 Max 9s revealed "loose hardware" such as "bolts that needed additional tightening." United and Alaska Airlines are the only U.S. carriers who operate the 737 Max 9. United said it believes the loose hardware on its grounded planes is the result of an installation issue, which would be the manufacturer's responsibility. [GN] BON SECOURS: Settles 2015 OCSPA Class Suit for $3.5M ---------------------------------------------------- Elizabeth B. Kim of Cincinnati.com reports that Bon Secours Mercy Health and Avectus Healthcare Solutions have agreed to pay $3.5 million to end a class action lawsuit filed in 2015. Plaintiffs accused both the Ohio hospital system and the healthcare consulting company of violating the Ohio Consumer Sales Practice Act and the Fair Debt Collection Practices Act, among others. After receiving treatment and presenting a health insurance plan accepted by Mercy Health, plaintiffs received bills saying that they needed to pay thousands of dollars directly to the hospital - a move that plaintiffs called "an effort to increase profits" and "force patients" to pay higher rates than what would have been covered by their health insurance companies. With the exception of copayments and deductibles, Ohio law requires that health care facilities seek compensation for covered services from health insurance corporations, rather than the patient. Plaintiffs said that Mercy Health and Avectus's refusal to submit claims to their health insurance companies was intentional, systematic, and unlawful. The United States District Court for the Southern District of Ohio preliminarily approved the settlement in November. Under the settlement, any patient of Mercy Health between Aug. 27, 2009 and Aug. 31, 2023 who was asked to pay for treatment despite presenting accepted health insurance is eligible to receive a $25 base payment. In addition, those who paid for treatment will receive a cash payment of 50% of what they paid, though this may decrease depending on the number of claims filed. All claimants must submit this form by Jan. 22, 11:59 PM EST to receive payment. On Feb. 8, a hearing will be held Potter Stewart U.S. Courthouse in downtown Cincinnati to finalize the conditions of the settlement. Bon Secours Mercy Health was not able to comment on this story before deadline. [GN] BRIDGECREST CREDIT: Fowler Files Suit in E.D. Pennsylvania ---------------------------------------------------------- A class action lawsuit has been filed against Bridgecrest Credit Company, LLC. The case is styled as Sean Fowler, Alisa Frierson, individually and on behalf of all others similarly situated v. Bridgecrest Credit Company, LLC, formerly known as: GO FINANCIAL doing business as: GO FINANCIAL, Case No. 2:24-cv-00133 (E.D. Pa., Jan. 11, 2024). The nature of suit is stated as Other Contract for Consumer Leasing Act. Bridgecrest Acceptance Corporation (BAC) -- https://www.bridgecrest.com/ -- is a licensed motor vehicle sales finance company.[BN] The Plaintiffs are represented by: Richard E. Shenkan, Esq. SHENKAN INJURY LAWYERS LLC 6550 Lakeshore Street West Bloomfield, MI 48323 Phone: (412) 716-5800 Email: rshenkan@shenkanlaw.com The Defendant is represented by: Andrew Karl Stutzman, Esq. STRADLEY RONON STEVENS & YOUNG LLP 2600 One Commerce Square Philadelphia, PA 19103 Phone: (215) 564-8008 Fax: (215) 564-8120 Email: astutzman@stradley.com - and - Joseph Thomas Kelleher, Esq. STRADLEY, RONON, STEVENS & YOUNG, LLP 2005 Market Street, Suite 2600 Philadelphia, PA 19103 Phone: (215) 564-8034 Email: JKelleher@stradley.com - and - Christopher A. Reese, Esq. STRADLEY RONON STEVENS & YOUNG, LLP 457 Haddonfield Road, Suite 100 Cherry Hill, NJ 08002 Phone: (856) 321-2408 Fax: (856) 321-2415 Email: creese@stradley.com BROWN PAPER TICKETS: Open Book Suit Removed to S.D. California -------------------------------------------------------------- The case captioned as Open Book Theatre Company, individually and on behalf of all others similarly situated v. BROWN PAPER TICKETS, LLC, a Washington limited liability company; EVENTS.COM, INC., a California corporation; and DOES 1 through 100, inclusive, Case No. 23STCV22084 was removed from the Superior Court for the State of California, County of San Diego, to the U.S. District Court for the Southern District of California on Jan. 10, 2024, and assigned Case No. 3:24-cv-00076-AGS-VET. The Plaintiff alleges that it "contracted with Defendant to sell their tickets for an event" and that "Defendant" allegedly "sold said tickets but failed to pay the proceeds within 10 days of the event as stated in their contract." The Plaintiff asserts claims for violation of Cal. Bus. & Prof. Code, breach of contract, breach of the covenant of good faith and fair dealing, and common law conversion.[BN] The Defendants are represented by: Austin Norris, Esq. Kaitlyn M. Rubcich, Esq. 2049 Century Park East Los Angeles, CA 90067 Phone: (310) 552-4200 Facsimile: (310) 552-5900 Email: austin.norris@kirkland.com katie.rubcich@kirkland.com - and - Robyn Bladow, Esq. KIRKLAND & ELLIS LLP 555 South Flower Street Los Angeles, CA 90071 Phone: (213) 680-8400 Facsimile: (213) 680-8500 Email: robyn.bladow@kirkland.com BRUNCH LTD: Milligan Files TCPA Suit in N.D. Illinois ----------------------------------------------------- A class action lawsuit has been filed against Brunch, LTD. The case is styled as Sara Milligan, individually and on behalf of all others similarly situated v. Brunch, LTD. doing business as: Brunch Cafe, Case No. 1:24-cv-00224 (N.D. Ill., Jan. 9, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Brunch, LTD. doing business as Brunch Cafe -- https://brunchcafe.com/ -- is a family-owned and operated establishment serving delicious brunch options and catering every day.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Suite 705 Miami, FL 33132 Phone: (305) 479-2299 Email: ashamis@shamisgentile.com BUFFALO EXCHANGE: CMP & Scheduling Order Entered in Bryant Suit --------------------------------------------------------------- In the class action lawsuit captioned as DELANEY BRYANT, BRIANNA LEMMON, and VIOLET OSPINA, on behalf of themselves and all others similarly situated, v. BUFFALO EXCHANGE, LTD., Case No. 1:23-cv-08286-AS (S.D.N.Y.), the Hon. Judge Arun Subramanian entered a civil case management plan and scheduling order: 1. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 2. The case is to be tried to a jury. 3. Joinder of additional parties must be accomplished by Jan. 31, 2024, other than Fair Labor Standards Act (FLSA) opt-in plaintiffs if the Court grants conditional certification for a collective action pursuant to 29 U.S.C. section 216(b). 4. Amended pleadings may be filed without leave of Court until Jan. 24, 2024. 5. Discovery (in addition to the disclosures required by Fed. R. Civ. P. 26(a)): 6. Post-discovery summary judgment motions in the form prescribed by the Court's Individual Practices shall be served no later than 30 days following the completion of all fact discovery or, if the parties engage in expert discovery, no later than 30 days following the completion of all fact and expert discovery, answering papers by 45 days following the submission of moving papers, and reply papers by 30 days following the submission of answering papers. Each party must file its respective papers on the same date that such papers are served. 7. A final pre-trial conference shall be held on [date to be inserted by the Court]. The timing and other requirements for the Joint Pretrial Order and/or other pre-trial submissions shall be governed by the Court's Individual Practices Buffalo is an American fashion resale retailer. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3vIz2W2 at no extra charge.[CC] CALERES INC: Corrales Suit Removed to E.D. California ----------------------------------------------------- The case captioned as Anthony Corrales, on behalf of himself and others similarly situated v. CALERES, INC. dba CALERES, a New York corporation; FAMOUS FOOTWEAR, an entity of unknown form; and DOES 1 to 50, inclusive, Case No. 23CV012350 was removed from the Superior Court of the State of California, County of Sacramento, to the U.S. District Court for the Eastern District of California on Jan. 8, 2024, and assigned Case No. 2:24-at-00023. The Plaintiff's Complaint asserts claims for: Failure to Pay Minimum Wages; Failure to Pay Overtime Wages under Labor Code; Meal-Period Liability Under Labor Code; Rest-Break Liability under Labor Code; Violation of Labor Code; Failure to Keep Required Payroll Records under Labor Code; Reimbursement of Necessary Expenditures under Labor Code; Penalties Pursuant to Labor Code; and Violation of Business & Professions Code.[BN] The Defendants are represented by: Michael J. Nader, SBN 200425 Alexandra M. Asterlin, SBN 221286 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 Capitol Mall, Suite 2800 Sacramento, CA 95814 Phone: 916-840-3150 Facsimile: 916-840-3159 Email: michael.nader@ogletree.com alexandra.asterlin@ogletree.com - and - Sona P. Patel, SBN 334044 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: 213-239-9800 Facsimile: 213-239-9045 Email: sona.patel@ogletree.com CAMERON MITCHELL: Bid to Dismiss Haase's Amended Complaint Tossed ----------------------------------------------------------------- In the class action lawsuit captioned as Alexandra Haase, on behalf of herself and all others similarly situated, V. Cameron Mitchell Restaurants, LLC, Case No. 2:23-cv-01316-MHW-KAJ (S.D. Ohio), the Hon. Judge Michael H. Watson entered an order denying motion to dismiss Alexandra Haase's Amended Complaint. Contrary to Defendant's arguments, nothing here demands a deviation from this precedent. Also, for all the reasons Plaintiff states a claim under the Fair Labor Standards Act (FLSA), the Plaintiff likewise states a claim under Section 34a. In sum, the statutory opt-in provision does not apply to claims brought directly under Section 34a. See id. (concluding that an argument that Section 34a "should be construed to include the consent requirement" of the implementing statute is "not well taken"). The Plaintiff worked as a server at one of Defendant's restaurants. Because servers receive tips, Defendant pays servers, including Plaintiff, at an hourly rate below the minimum wage. The Plaintiff alleges that the Defendant requires servers to spend time on non-tip-producing work, like cleaning and opening and closing duties, while paying the servers below minimum wage Based on these allegations, the Plaintiff asserts claims on behalf of herself and others similarly situated under the Fair Labor Standards Act ("FLSA") and an analogous state law. Cameron Mitchell is a restaurant group headquartered in Columbus, Ohio. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3U16UrB at no extra charge.[CC] CANADA: Faces Suit Over Child Abuse in Indigenous Day School ------------------------------------------------------------ Janelle Kelly of CBC reports that the Innu Nation has launched a class-action lawsuit against the government of Canada and the Newfoundland and Labrador government, seeking compensation for Indigenous day school survivors in Sheshatshiu, Natuashish and the former community of Davis Inlet. The lawsuit was filed on behalf of Innu who attended the schools, which were funded by the Canadian government, and overseen by the province from 1949, when Newfoundland joined Confederation, to 2009. The lawsuit argues children suffered from physical, sexual, emotional and cultural abuse while at the schools. In 2009, the Innu took control over their own education system through the Innu school board, Mamu Tshishkutamashutau Innu Education. The class action is similar to other claims filed nationally, particularly a day schools class action settled in 2019, and a band reparations class action which was settled in 2023. The Innu Nation were left out of those settlements because they were not covered by the Indian Act until the early 2000s. [GN] CAPITOL CITY STUCCO: Martinez-Lopez Files Suit in Cal. Super. Ct. ----------------------------------------------------------------- A class action lawsuit has been filed against Capitol City Stucco, Inc., et al. The case is styled as Agustin Martinez-Lopez, on behalf of self and all others similarly situated v. Capitol City Stucco, Inc., et al., Case No. 24CV000286 (Cal. Super. Ct., Sacramento Cty., Jan. 10, 2024). Capitol City Stucco -- https://capitalcitystucco.com/ -- has specialized in multifamily, resorts, casinos, and hotels.[BN] CARMAX AUTO: Landaverde Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Jose Mario Landaverde, on behalf of himself and all others similarly situated v. CARMAX AUTO SUPERSTORES, INC., a Virginia corporation; CARMAX FUNDING SERVICE, LLC, a Delaware limited liability company; CARMAX FUNDING SERVICE II, LLC, a Delaware limited liability company; and DOES 1 through 100, inclusive, Case No. 30-2023-01362649-CU-OE-CXC was removed from 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 Jan. 11, 2024, and assigned Case No. 2:24-cv-00299. The Plaintiff's Complaint asserts: Failure to Pay Overtime Wages; Failure to Pay Minimum Wages; Failure to Provide Meal Periods; Failure to Provide Rest Breaks; Waiting Time Penalties; Statement Violations; Failure To Timely Pay Wages; Failure to Reimburse Necessary Business Expenses; Failure to Pay Interest on Deposits; Failure to Pay Out Vacation Time; and Unfair Competition.[BN] The Defendants are represented by: Jack S. Sholkoff, Esq. Daniel N. Rojas, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: 213-239-9800 Facsimile: 213-239-9045 Email: jack.sholkoff@ogletree.com daniel.rojas@ogletree.com CASHI CAKE INC: Reid Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Cashi Cake Inc. The case is styled as Nadreca Reid, individually and as the representative of a class of similarly situated persons v. Cashi Cake Inc. doing business as: Misaky, Case No. 1:24-cv-00158 (S.D.N.Y., Jan. 9, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Cashi Cake Inc. -- https://cashicake.com/en/ -- is a Los Angeles-based seaweed technology company founded in September 2019.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com CELESTRON ACQUISITION: Seeks Denial of SSL Class Status Bid ----------------------------------------------------------- In the class action lawsuit captioned as Spectrum Scientifics, LLC et al v. CELESTRON ACQUISITION, LLC et al. (TELESCOPES ANTITRUST LITIGATION), Case No. 5:20-cv-03642-EJD (N.D. Cal.), the Defendants asks the Court to enter an order denying class certification brought by three newly proposed class representatives: Aurora Astro Products LLC, Pioneer Cycling & Fitness, LLP and Jason Steele. The Defendants include AURORA ASTRO PRODUCTS LLC, PIONEER CYCLING & FITNESS, LLP, JASON STEELE, and those similarly situated, v. LTD., SYNTA CANADA INT'L ENTERPRISES LTD., SW TECHNOLOGY CORP., OLIVON MANUFACTURING CO. LTD., OLIVON USA, LLC, NANTONG SCHMIDT OPTOELECTRICAL TECHNOLOGY CO. LTD., NINGBO SUNNY ELECTRONIC CO., LTD., PACIFIC TELESCOPE CORP., COREY LEE, DAVID SHEN, SYLVIA SHEN, JACK CHEN, JEAN SHEN, JOSEPH LUPICA, DAVE ANDERSON, LAURENCE HUEN, and DOES 1-50. Celestron manufactures life science equipment. A copy of the Defendant's motion dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/48zNONt at no extra charge.[CC] The Defendants are represented by: Christopher Frost, Esq. John Maatta, Esq. Joshua Stambaugh, Esq. FROST LLP 10960 Wilshire Boulevard, Suite 1260 Los Angeles, CA 90024 Telephone: (424) 254-0441 Facsimile: (424) 600-8504 E-mail: chris@frostllp.com john@frostllp.com josh@frostllp.com - and - Shauna A. Izadi, Esq. IZADI LEGAL GROUP, PLLC 13155 Noel Rd, Suite 900 Dallas, TX 75240 E-mail: sizadi@izadilegal.com CHRIS RENKEN: Court Directs Filing of Discovery Plan in Harris --------------------------------------------------------------- In the class action lawsuit captioned as Harris v. Renken, et al., Case No. 1:23-cv-01213-JES-JEH (C.D. Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order as follows: -- Rule 16 scheduling conference The Court will set a Rule 16 scheduling conference approximately 30 days after the answer or other responsive pleading is filed. The conference will generally be conducted by telephone. -- Discovery plan The discovery plan shall be filed with the Court at least three calendar days before the Rule 16 scheduling conference. -- Waiver of the Rule 16 scheduling conference If the parties agree on all matters contained in the discovery plan, then the parties may waive the Rule 16 scheduling conference. To do so, the parties shall indicate in the discovery that the parties agree upon all maters contained within the discovery plan, and they request that the Rule 16 scheduling conference be cancelled. -- Failure of counsel to attend a scheduled telephone hearing For the convenience of counsel, the Court conducts most hearings by telephone when possible. Counsel's failure to appear for a telephone hearing will be treated as a failure of counsel to appear for an in-person hearing. -- Discovery disputes brought to the Court's attention after the discovery deadline has already passed The parties may not raise a discovery dispute with the Court after the relevant discovery deadline has passed; all discovery disputes must be brought to the Court's attention before the relevant discovery deadline passes. Any discovery disputes raised with the Court after the expiration of the relevant discovery deadline shall be deemed waived by the Court, even if the parties agreed to conduct discovery after the relevant discovery deadline has passed. If the parties agree to conduct discovery after the expiration of a deadline set by the Court, they must still file a motion requesting that the Court move that deadline as agreed by the parties in order to avoid any subsequent discovery disputes being deemed waived. -- Settlement conferences and mediation The parties are encouraged to seek a settlement conference or mediation with a magistrate judge. Where parties request a settlement conference or mediation in a case referred to Judge Hawley, Judge Hawley will conduct said conference or mediation. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3S2dQ4U at no extra charge.[CC] CHW GROUP: Faces Bradshaw TCPA Class Lawsuit in D.N.J. ------------------------------------------------------- A class action lawsuit has been filed against CHW GROUP INC. The case is captioned as BRADSHAW v. CHW GROUP INC., Case No. 2:24-cv-00114-MEF-JBC (D.N.J., Jan. 7, 2024). The suit alleges violation of the Telephone Consumer Protection Act and is assigned to the Hon. Judge Michael E. Farbiarz. CHW provides home repair services.[BN] Plaintiff Michael Bradshaw, individually and on behalf of all others similarly situated, is represented by: Stefan Louis Coleman, Esq. COLEMAN, PLLC 1072 Madison Avenue, Suite 1 Lakewood, NJ 08701 Telephone: (877) 333-9427 E-mail: law@stefancoleman.com CLEARCHOICE MANAGEMENT: Underpays Call Center Agents, Rupp Claims ----------------------------------------------------------------- ANGELA RUPP, on behalf of herself and all others similarly situated, Plaintiff v. CLEARCHOICE MANAGEMENT SERVICES, LLC, Defendant, Case No. 1:24-cv-00112 (D. Colo., January 12, 2024) is a class action against the Defendant for failure to pay wages and overtime compensation and failure to pay wages due and owing in violation of the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment And Collection Law. The Plaintiff worked for the Defendant remotely from home in the position of call center agent from June 6, 2022, to the present. ClearChoice Management Services, LLC is a medical services company with a principal address located at 8350 E. Crescent Pkwy., Suite 300, Greenwood Village, Colorado. [BN] The Plaintiff is represented by: Jason T. Brown, Esq. Edmund C. Celiesius, Esq. BROWN, LLC 111 Town Square Place, Suite 400 Jersey City, NJ 07310 Telephone: (877) 561-0000 E-mail: jtb@jtblawgroup.com ed.celiesius@jtblawgroup.com CLOROX COMPANY: Parties Must Confer on Class Cert Deadlines ----------------------------------------------------------- In the class action lawsuit captioned as Keirsted v. The Clorox Company et al., Case No. 6:23-cv-02472 (M.D. Fla., Filed Dec. 26, 2023), the Hon. Judge Paul G. Byron entered an order directing the parties to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report: The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. The nature of suit states Torts - Personal Property - Other Fraud. Clorox Company is an American global manufacturer and marketer of consumer and professional products.[CC] CMB EXPORT: Seeks More Time to Oppose Class Cert Bid in Cai Suit ---------------------------------------------------------------- In the class action lawsuit captioned as HUI CAI, et al., v. CMB EXPORT LLC, Case No. 2:22-cv-02025-MWF-JPR (C.D. Cal.), the Defendant asks the Court to enter an order extending the time within which the Defendant has to oppose the Plaintiffs' motion for class certification, to continue hearing date to permit the Defendant sufficient time to depose all putative class representative plaintiffs. The Defendant seeks to: 1. Extend the time to oppose Plaintiffs' Motion for Class Certification from January 22, 2024 up to and including March 15, 2024;a and 2. Continue the hearing date on the Motion from March 11, 2024 to April 15, 2024. A copy of the Defendant's motion dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3HjNl65 at no extra charge.[CC] The Defendant is represented by: Michael K Grimaldi, Esq. Kenneth J. Joyce, Esq. Stacy M. Schwartz, Esq. Nicholas H. Esser, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 633 West 5th Street, Suite 4000 Los Angeles, CA 90071 Telephone: (213) 250-1800 Facsimile: (213) 250-7900 E-mail: Michael.Grimaldi@lewisbrisbois.com Ken.Joyce@lewisbrisbois.com Stacy.Schwartz@lewisbrisbois.com Nicholas.Esser@lewisbrisbois.com COMCAST CABLE: Faces Andros Class Suit Over Breach of Contract -------------------------------------------------------------- A class action lawsuit has been filed against COMCAST CABLE COMMUNICATIONS, LLC et al. The case is captioned as ANDROS et al., v. COMCAST CABLE COMMUNICATIONS, LLC et al., Case No. 2:24-cv-00068-JMY (E.D. Pa., Jan. 5, 2024). The case is assigned to the Hon. Judge John M. Younge. The nature of suit states Diversity-Breach of Contract. Comcast 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: Charles E. Schaffer, Esq. LEVIN SEDRAN & BERMAN 510 Walnut Street, Ste 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 Facsimile: (215) 592-4663 E-mail: cschaffer@lfsblaw.com COMMUNITY HEALTH: Faces Lyston Class Action Suit in D.N.J. ---------------------------------------------------------- A class action lawsuit has been filed against COMMUNITY HEALTH CARE, INC. The case is captioned as LYSTON v. COMMUNITY HEALTH CARE, INC., Case No. 1:24-cv-00097-RMB-SAK (D.N.J., Jan. 5, 2024). The nature of suit states Diversity-Property Damage. The case is assigned to the Hon. Judge Renee Marie Bumb. Community Health is a home health agency that provides personal care, home management, transportation, respite care, and companionship.[BN] Plaintiff MELISSA LYSTON, individually and on behalf of all others similarly situated, is represented by: Benjamin F. Johns, Esq. SHUB & JOHNS LLC Four Tower Bridge 200 Barr Harbor Dr., Suite 400 West Conshohocken, PA 19428 Telephone: (610) 477-8380 E-mail: bjohns@shublawyers.com COVANTA DADE: Bid to Strike Class Claims Tossed in Brashevitzky --------------------------------------------------------------- In the class action lawsuit captioned as AVROHAM BRASHEVITZKY, et al., v. COVANTA DADE RENEWABLE ENERGY, LLC; et al., Case No. 1:23-cv-20861-CMA (S.D. Fla.), the Hon. Judge Cecilia M. Altonaga entered an order denying the Defendants' motion for Partial Judgment on the Pleadings and to Strike Class Allegations. The Defendants analogize Plaintiffs' allegations to a case where the court found the alleged risk of neurological and respiratory issues was not "reasonably specific" or "serious" enough. But the Plaintiffs' allegations are sufficient because Plaintiffs specifically allege heightened cancer risk. Moreover, the Plaintiffs' allegations are similar to those in Grayson v. Lockheed Martin Corporation, where the court found allegations that the plaintiffs were exposed to "very harmful" contaminants that cause "various disorders or cancers" sufficiently plausible. The litigation concerns a fire that engulfed Covanta Dade's waste management facility in Doral, Florida from February 12, 2023 to March 12, 2023 and polluted the surrounding area with smoke, ash, soot, creosote, and various chemicals. According to Plaintiffs, the contaminants caused serious health injuries and physicaldamage to people and property located within the plume. The Plaintiffs propose two classes for their putative class action. -- First, they suggest a "Property-Owner Class" that includes all real and personal property owners within the plume of the fire. -- Second, a proposed "Medical Monitoring Class" would include all persons who resided within the contamination area of the fire from February 12 through March 2, 2023. Both classes allege a negligence claim (Count One). The Property-Owner Class alleges trespass to real property (Count Two), trespass to personal property (Count Three), and private nuisance (Count Four) claims. The Medical Monitoring Class alleges a medical monitoring claim (Count Six) and requests the Court require Covanta Dade to fund a medical monitoring program covering future medical screenings required to detect latent illnesses caused by exposure to the contaminants released in the fire. Acts Retirement is an owner, operator and developer of continuing care retirement communities in the United States. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/4aZ5LH2 at no extra charge.[CC] CRAFT REVOLUTION: Bell Files Suit Over Alleged Tip Skimming ----------------------------------------------------------- LAURA ELIZABETH BELL, individually and on behalf of all others similarly situated, Plaintiff v. CRAFT REVOLUTION, LLC d/b/a ARTISANAL BREWING VENTURES; ARTISANAL BREWING VENTURES CHARLOTTE, LLC; and DOE DEFENDANTS 1-10, Defendants, Case No. 3:24-cv-00012 (W.D.N.C., Jan. 8, 2024) 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 Bell was employed by the Defendants as a bartender. CRAFT REVOLUTION, LLC d/b/a ARTISANAL BREWING VENTURES is a Charlotte, NC based east coast focused family of like-minded, best-in-class craft beverage companies including Victory Brewing, Southern Tier Brewing, Southern Tier Distilling, Sixpoint Brewery, & Bold Rock Cider. [BN] The Plaintiff is represented by: J. Alexander Heroy, Esq. JAMES, MCELROY & DIEHL, P.A. 525 North Tryon Street, Suite 700 Charlotte, NC 28202 Telephone: (704) 372-9870 Facsimile: (704) 333-5508 Email: aheroy@jmdlaw.com - and - Gerald D. Wells, III, Esq. Robert J. Gray, Esq. CONNOLLY WELLS & GRAY, LLP 101 Lindenwood Drive, Suite 225 Malvern, PA 19355 Telephone: (610) 822-3700 Facsimile: (610) 822-3800 Email: gwells@cwglaw.com rgray@cwglaw.com CS DISCO INC: Gambrill Suit Transferred to W.D. Texas ----------------------------------------------------- The case captioned as Lynn Gambrill, Bert Pluyman, Bert W. Pluymen, on behalf of herself and all others similarly situated v. CS Disco, Inc., Kiwi Camara, Michael Lafair, Case No. 1:23-cv-08270 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Western District of Texas on Jan. 8, 2023. The District Court Clerk assigned Case No. 1:24-cv-00028-RP to the proceeding. The nature of suit is stated as Securities/Commodities. CS Disco, Inc. -- https://csdisco.com/ -- provides software as a service solutions.[BN] The Plaintiff is represented by: Patrick T. Egan, Esq. BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO One Liberty Square, 8th Floor Boston, MA 02109 Phone: (617) 542-8300 Fax: (617) 542-1194 - and - Michael W. Dark, Esq. BERMAN TABACCO 425 California Street, Suite 2300 San Francisco, CA 94104 Phone: (415) 433-3200 - and - Phillip Kim, Esq. Jonathan Stern, Esq. THE ROSEN LAW FIRM 275 Madison Avenue, 40th Floor New York, NY 10016 Phone: (212) 686-1060 Fax: (212) 202-3827 Email: pkim@rosenlegal.com The Defendants are represented by: Aric H. Wu, Esq. GIBSON, DUNN & CRUTCHER, LLP 200 Park Avenue New York, NY 10166 Phone: (212) 351-3832 CVS PHARMACY: Wins Class Suit Over Sanitizers' False Ads Suit ------------------------------------------------------------- Julie Steinberg of Bloomberg Law reports that CVS Pharmacy Inc. and manufacturer Vi-Jon LLC have won dismissal of a proposed class suit alleging they mislead consumers by overstating Advanced Formula Hand Sanitizer's ability to kill germs. The front label said the CVS-brand hand sanitizer "Kills 99.99% of Germs." The asterisk directs consumers to a statement on the back label that reads: "Effective at eliminating more than 99.99% of many common harmful germs and bacteria in as little as 15 seconds." Lead plaintiff Joseph Mier alleged consumers would think the product kills 99.99% of germs commonly found on hands, a claim that's deceptive because alcohol-based hand sanitizers. [GN] DELTA AIR LINES: Piecuch Suit Removed to N.D. Illinois ------------------------------------------------------ The case captioned as William Piecuch, individually and on behalf of similarly situated individuals v. DELTA AIR LINES, INC., a Delaware corporation, Case No. CVRI2306455 was removed from the Circuit Court of Cook County, Illinois, to the U.S. District Court for the Northern District of Illinois on Jan. 8, 2024, and assigned Case No. 1:24-cv-00202. The Plaintiff brings claims against Delta for alleged violations of the Illinois Genetic Information Privacy Act ("GIPA"). The Plaintiff contends that Delta "directly or indirectly solicited, requested, purchased and/or required Plaintiff to disclose his genetic information" during the pre-employment application process and as a condition of employment, which allegedly violated GIPA. The Plaintiff further alleges that, in response, he disclosed "his genetic information, including diseases and disorders with which his family members have been or have not been diagnosed" and that Delta documented and collected Plaintiff's answers.[BN] The Defendants are represented by: Carrie A. Gonell, Esq. Kimberli A. Diggs, Esq. MORGAN, LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, CA 92626-7653 Phone: +1.714.830.0600 Fax: +1.714.830.0700 Email: carrie.gonell@morganlewis.com kimberli.diggs@morganlewis.com DELTA DENTAL: Fails to Prevent Data Breach, Armock Alleges ---------------------------------------------------------- JENNIFER WINSLOW ARMOCK; and LINDA FLORES, individually and on behalf of all others similarly situated, Plaintiffs v. DELTA DENTAL OF CALIFORNIA; and PROGRESS SOFTWARE CORPORATION, Defendants, Case No. 1:24-cv-10059-ADB (D. Mass., Jan. 8, 2024) is a class action arising out of the targeted cyberattack and data breach where unauthorized third-party criminals retrieved and exfiltrated the highly-sensitive consumer data of the Plaintiffs, and nearly 7,000,000 Class Members, via a security vulnerability in the Defendants' software program, MOVEit, which is used by Delta Dental to transfer and/or exchange sensitive information and documents. The Plaintiffs allege in the complaint that the Defendant Delta Dental failed to adequately safeguard the Plaintiffs' and Class Members' highly sensitive Private Information that it collected and maintained. Specifically, the Defendant Delta Dental used Defendant PSC's MOVEit software to store and transfer the Private Information of Plaintiffs and Class Members, and this Private Information was compromised as a result of a security vulnerability in the MOVEit software. The Plaintiffs' and Class Members' Private Information was compromised due to Defendants' negligent and careless acts and omissions and Defendants' failure to reasonably and adequately protect the Plaintiffs' and Class Members' Private Information. As a result of the Data Breach, the Plaintiffs and Class Members face a substantial risk of imminent and certainly impending harm, heightened here by the loss of Social Security numbers, a class of Private Information which is particularly valuable to identity thieves. Plaintiffs and Class Members have and will continue to suffer injuries associated with this risk, including but not limited to a loss of time, mitigation expenses, and anxiety over the misuse of their Private Information, says the suit. DELTA DENTAL OF CALIFORNIA provides dental coverage. The Company offers dental coverage through health maintenance organizations, preferred provider plans, and government programs. [BN] The Plaintiffs are 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 Email: srotman@hausfeld.com - and - James J. Pizzirusso, 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 - and - Steven M. Nathan, Esq. HAUSFELD LLP 33 Whitehall Street Fourteenth Floor New York, NY 10004 Telephone: (646) 357-1100 Facsimile: (212) 202-4322 Email: snathan@hausfeld.com - and - 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: aemuze@hausfeld.com DELTA DENTAL: Mina Files Suit in Cal. Super. Ct. ------------------------------------------------ A class action lawsuit has been filed against Delta Dental of California. The case is styled as Vincent Mina, as an individual and on behalf of all others similarly situated v. Delta Dental of California, Case No. CGC24611517 (Cal. Super. Ct., San Francisco Cty., Jan. 9, 2024). The case type is stated "Business Tort." Delta Dental -- https://www1.deltadentalins.com/ -- offers comprehensive and affordable dental coverage.[BN] The Plaintiff is represented by: Anderson M. Berry, Esq. ARNOLD LAW FIRM 865 Howe Ave. Sacramento, CA 95825 Phone: 916-777-7777 Email: andersonberry@gmail.com DIAMONDBACK E&P: Settlement Class Certified in Cook Lawsuit ----------------------------------------------------------- In the class action lawsuit captioned as COOK CHILDREN'S HEALTH FOUNDATION a/k/a W.I. COOK FOUNDATION, INC., on behalf of itself and a class of similarly situated persons, v. DIAMONDBACK E&P, LLC, Case No. 5:21-cv-00359-D (W.D. Okla.), the Hon. Judge Timothy D. Deguisti entered an order granting the Plaintiff's unopposed motion to certify the settlement class for Settlement Purposes, to Preliminarily Approve the Class Action Settlement, to Approve the Form and Manner of Notice, and to Set a Date for a Final Fairness Hearing. -- The Court finds the Settlement Class should be certified at this stage for the purposes of this Settlement, as the Settlement Class meets all certification requirements of FED. R. CIV. P. 23 for a settlement class. The Settlement Class is certified for settlement purposes only, subject to the Court's final consideration at the Final Fairness Hearing. -- The certified Settlement Class is defined as follows: "All royalty owners in Texas wells where Diamondback E&P LLC, Diamondback Energy, Inc., Energen Resources Corporation, and/or each's respective affiliates was the operator (or a working interest owner who marketed its share of gas and directly paid royalties to the royalty owners) from April 1, 2011 to July 31, 2023 under oil and gas leases which expressly contain the off- lease use of gas royalty clause, the on-lease free use clause, or both, and in which Diamondback E&P LLC, Diamondback Energy, Inc., Energen Resources Corporation, and/or each’s respective affiliates are lessees or successors-in-interest under such agreements." Excluded from the Class are: (1) agencies, departments or instrumentalities of the United States of America, including but not limited to the U.S. Department of the Interior (the United States, Indian tribes, and Indian allottees); (2) agencies, departments, or instrumentalities of the State of Texas; (3) Diamondback Entities and their affiliates, officers, and Directors; (4) any publicly traded entity (and its affiliates) that produces, gathers, processes, or markets gas; (5) the claims of royalty owners to the extent covered by arbitration clauses or prior settlement agreements, if any, still in effect on the date this lawsuit was filed; and (6) royalty paid by Diamondback Entities only as a pass-through for other non-affiliated entities, except to the extent any claims are asserted directly against the Diamondback Entities that arise from such royalty paid. The Plaintiff filed this lawsuit against Diamondback for the alleged underpayment of royalties on natural gas, natural gas liquids, and associated hydrocarbons produced from wells located in Texas during the Claim Period. On Nov. 16, 2023, the Parties executed a Stipulation and Agreement of Settlement. Diamondback operates as an oil and natural gas company. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3RYaPTk at no extra charge.[CC] DUHADWAY KENDALL: Asbury FLSA Suit Transferred to W.D. Michigan --------------------------------------------------------------- The case captioned as Charles Asbury, individually and on behalf of all others simillarly situated v. Duhadway, Kendall & Associates, Inc. doing business as: DK Security, Case No. 2:23-cv-12696 was transferred from the U.S. District Court for the Eastern District of Michigan, to the U.S. District Court for the Western District of Michigan on Jan. 10, 2024. The District Court Clerk assigned Case No. 1:24-cv-00028-HYJ-RSK to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Kendall Duhadway & Associates, Inc. doing business as DK Security -- https://dksecurity.com/ -- operates as a security and investigations company.[BN] The Plaintiff is represented by: Kevin J. Stoops, Esq. SOMMERS SCHWARTZ PC (SOUTHFIELD) One Towne Sq., Ste. 1700 Southfield, MI 48076 Phone: (248) 355-0300 Email: kstoops@sommerspc.com - and - Jesse Lee Randolph Young, Esq. SOMMERS SCHWARTZ PC (KALAMAZOO) 141 E Michigan Ave., Ste. 600 Kalamazoo, MI 49007 Phone: (269) 250-7500 Fax: (269) 250-7503 Email: jyoung@sommerspc.com The Defendant is represented by: Brandon M.H. Schumacher, Esq. FOSTER SWIFT COLLINS & SMITH PC (LANSING) 313 S Washington Sq. Lansing, MI 48933 Phone: (517) 371-8255 Email: bschumacher@fosterswift.com - and - Karl W. Butterer, Jr., Esq. FOSTER SWIFT COLLINS & SMITH PC (GR) 1700 E Beltline Ave., Ste. 200 Grand Rapids, MI 49525 Phone: (616) 726-2212 Fax: (616) 726-6812 Email: kbutterer@fosterswift.com DUKE UNIVERSITY: Parties Seek to Stay Class Cert. Proceedings ------------------------------------------------------------- In the class action lawsuit captioned as Joy G. Franklin, on behalf of herself and all others similarly situated, v. Duke University, the Retirement Board for Duke University, and John/Jane Does 1-10, Case No. 1:23-cv-00833-CCE-JLW (M.D.N.C.), the Parties ask the Court to enter an order staying proceedings related to class certification and that Plaintiff be permitted to withdraw her pending motion for class certification. As part of the relief sought in this motion, the parties request that Plaintiff be permitted to withdraw her pending Motion for Class Certification, and re-file her class certification motion after the Court's resolution of Defendants' motion to dismiss and compel arbitration pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3) and 12(b)(6). On Dec. 8, 2023, the Defendants moved to compel arbitration and to dismiss the case. On Dec. 13, 2023, after conferring with the Defendants, the Plaintiff filed an unopposed motion requesting that "the Court adjourn Plaintiff's deadline to file her motion for class certification and stay discovery until after the Court's ruling on Defendants' motion to dismiss" because Defendants seek "dismissal of Plaintiff's claims in favor of arbitration." Duke University is a private research university in Durham, North Carolina. A copy of the Parties' motion dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/48YgvDL at no extra charge.[CC] The Plaintiff is represented by: Dana Smith, Esq. Lisa R. Considine, Esq. Oren Faircloth, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 E-mail: dsmith@sirillp.com lconsidine@sirillp.com ofaircloth@sirillp.com The Defendants are represented by: Dixie T. Wells, Esq. ELLIS & WINTERS LLP 300 North Greene Street, Suite 800 Greensboro, NC 27401 Telephone: (336) 217-4197 Facsimile: (336) 217-4198 E-mail: dixie.wells@elliswinters.com - and - Jeremy P. Blumenfeld, Esq. Mary Ann F. McNulty, Esq. Abbey M. Glenn, Esq. MORGAN, LEWIS & BOCKIUS LLP 2222 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 Facsimile: (215) 963-5001 E-mail: jeremy.blumenfeld@morganlewis.com mary.mcnulty@morganlewis.com abbey.glenn@morganlewis.com EDGEWATER TECHNICAL: Smith Seeks Construction Managers' Unpaid OT ----------------------------------------------------------------- DALE SMITH, on behalf of himself and all others similarly situated, Plaintiff v. EDGEWATER TECHNICAL ASSOCIATES, LLC, Defendant, Case No. 1:24-cv-00050 (D.N.M., January 12, 2024) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act and the New Mexico Minimum Wage Act. Mr. Smith worked for Edgewater as a construction manager in New Mexico from approximately August 2022 through September 2023. Edgewater Technical Associates, LLC is a professional and technical services firm, headquartered in Los Alamos, New Mexico. [BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. Richard M. Schreiber, 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 rschreiber@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 ELECTRICAL MASTERS: Jiles Sues Over Unpaid Overtime --------------------------------------------------- Courtney Jiles and Kijuan McDonald, and other similarly situated employees v. ELECTRICAL MASTERS BY MJR, INC. a Florida corporation, Case No. 8:24-cv-00094 (M.D. Fla., Jan. 10, 2024), is brought against Defendant to seek redress for unpaid overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA"). Typically, Plaintiffs work no less than 70 hours each week. Plaintiffs' pay is based on the number of units installed or replaced. Defendant does not keep a record of the hours Plaintiffs work. Piece-rate basis payment plans calculate the regular rate of an employee's pay by adding together total piece-rate earnings for the workweek, plus any non-excludable supplemental pay, and dividing that sum by the total number of hours worked in the week, including both productive time and waiting time. Additional half-time pay is required for productive and nonproductive work hours in excess of 40 per week. The Plaintiffs are not compensated for working hours in excess of 40 per week. Defendant repeatedly and willfully violated the FLSA by failing to pay overtime compensation at one-half of Plaintiffs' regular rate of compensation, calculated by dividing total pay by total hours worked, says the complaint. The Plaintiffs have been employed by Defendant as technicians. The Defendant is an enterprise engaged in commerce and a covered employer.[BN] The Plaintiffs are represented by: Craig L. Berman, Esq. Plaza Tower 111 Second Avenue N.E., Suite 706 St. Petersburg, FL 33701 Phone: (727) 550-8989 Fax: (727) 894-6251 Email: craig@bermanlawpa.com ELECTROSTIM MEDICAL: Vernon Files TCPA Suit in S.D. Florida ----------------------------------------------------------- A class action lawsuit has been filed against Electrostim Medical Services, Inc. The case is styled as Chasity Vernon, individually and on behalf of all others similarly situated v. Electrostim Medical Services, Inc., Case No. 8:24-cv-00089 (S.D. Fla., Jan. 9, 2024). The nature of suit is stated as Other Personal Property for Property Damage. Electrostim Medical Services, Inc. -- https://www.wecontrolpain.com/ -- offers medical devices. The Company specializes home electrical stimulation devices, bracing, accessories for pain management, and physical rehabilitation.[BN] The Plaintiff is represented by: Jessica Wallace, Esq. SIRI & GLIMSTAD LLP 20200 West Dixie Highway Seventeenth Floor, Suite 902 Aventura, NY 33180 Phone: (786) 244-5660 Fax: (646) 417-5967 Email: jwallace@sirillp.com ELEVANCE HEALTH: Gonzalez Suit Removed to S.D. California --------------------------------------------------------- The case captioned as Luis Arreola Gonzalez, individually and on behalf of all others similarly situated v. THE ELEVANCE HEALTH COMPANIES, INC., an Indiana Corporation; ELEVANCE HEALTH, INC., an Indiana Corporation and DOES 1-50, inclusive, Case No. ECU003206 was removed from the Superior Court for the State of California, County of Imperial, to the U.S. District Court for the Southern District of California on Jan. 11, 2024, and assigned Case No. 3:24-cv-00085-LL-SBC. The Plaintiff alleges Elevance violated the federal Fair Credit Reporting Act ("FCRA") by failing to provide him with proper disclosures and failing to obtain written consent before obtaining a background check report about him. He claims Elevance "improperly conducted background checks, conducted background checks without proper authorization and proper disclosures, and obtained background checks and consumer reports on him and others when they applied for employment."[BN] The Defendants are represented by: Kevin May, Esq. GREENBERG TRAURIG, LLP 12760 High Bluff Drive, Suite 240 San Diego, CA 92130 Phone: 619.848.2500 Facsimile: 949.732.6501 Email: Kevin.May@gtlaw.com EQUIFAX INFORMATION: Faces Williams-Diggins FCRA Suit in N.D. Ga. ----------------------------------------------------------------- A class action lawsuit has been filed against Equifax Information Services, LLC. The case is captioned as Williams-Diggins v. Equifax Information Services, LLC, Case No. 1:24-cv-00083-VMC-CMS (N.D. Ga., Jan. 5, 2024). The suit alleges violation of the Fair Credit Reporting Act. The case is assigned to the Hon. Judge Victoria M. Calvert. Equifax provides data solutions. The Company offers financial, consumer and commercial data, and analytical solutions.[BN] Plaintiff Lindsey Williams-Diggins, individually and on behalf of all others similarly situated, is represented by: Joseph H. Kanee, Esq. MARCUS & ZELMAN LLC 4000 Ponce De Leon, Ste 470 Coral Gables, FL 33146 Telephone: (786) 369-1122 E-mail: joseph@marcuszelman.com - and - Misty Oaks Paxton, Esq. THE OAKS FIRM 3895 Brookgreen Pt. Decatur, GA 30034 Telephone: (404) 500-7861 E-mail: attyoaks@yahoo.com EQUILON ENTERPRISES: Senior Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Equilon Enterprises LLC. The case is styled as Milagros Senior, on behalf of herself and all other persons similarly situated v. Equilon Enterprises LLC doing business as: Shell Oil Products, Case No. 3:24-cv-00075-CAB-DEB (S.D.N.Y., Jan. 10, 2024). The nature of suit is stated as Other Contract. Equilon Enterprises LLC doing business as Shell -- https://www.shell.com/ -- provides a wide range of lubricant products.[BN] The Plaintiff is represented by: Michael David Braun, Esq. KUZYK LAW 2121 Avenue of the Stars, Ste. 800 Los Angeles, CA 90067 Phone: (213) 401-4100 Fax: (213) 401-0311 Email: mdb@kuzykclassactions.com ESTEE LAUDER: Wins Class Suit Over Biometric Collection ------------------------------------------------------- GRC World Forums reports that the company was accused of breaking biometric privacy regulations in the US state of Illinois through its employment of a "try-on" function. The tool enables customers to upload a photo of themselves to the label's platforms to see how beauty products might look. Presiding over the case in Chicago, Judge Lindsay Jenkins ruled in favour of Estee Lauder's request to reject the lawsuit, citing that the plaintiffs were not able to prove the organisation could link facial scans to individual customer identities. The issue stands as a decisive element of biometric privacy law in Illinois, which regulates the harvesting and storing of personal data such as facial structure, eye scans and fingerprints. Judge Jenkins specified that customers have the option to submit a revised complaint. Estee Lauder and its subsidiaries, Bobbi Brown, Smashbox, and Too Faced, did not notify users that their biometric data might be collected through the "try-on" features, the allegations read. The legal action also implicated Taiwanese firm, Perfect Corp, which is behind the technology involved. Judge Jenkins stated that the lawsuit's four plaintiffs failed to demonstrate Estee Lauder's ability to relate facial scans from virtual try-on widgets to individuals' true identities. She also excluded Perfect Corp from the litigation, citing inadequate connections to Illinois for jurisdiction. In Illinois, the Biometric Information Privacy Act came into being in 2008 to allow a private right of action to legally challenge mishandling of biometric data. The Act has given rise to thousands of cases, as well as a number of substantial settlements and verdicts; a stand-out judgement fell in 2020 when Facebook was hit by a $650 million levy to settle a BIPA class action concerning the use of facial recognition tools. Know the risks The Estee Lauder ruling is a sharp reminder of the vital importance of transparency, clear communication and user consent when it comes to compliant data processing. These issues are only going to become more complex as societies continue to embrace facial recognition software and other technologies powered by artificial intelligence (AI).[GN] EVERI GAMES INC: Valenzuela Suit Removed to C.D. California ----------------------------------------------------------- The case captioned as Jose Valenzuela, individually and on behalf of all others similarly situated v. EVERI GAMES INC., and DOES 1 through 10, inclusive, Case No. 23STCV22084 was removed from the Superior Court of the State of California for the County of Los Angeles, to the U.S. District Court for the Central District of California on Jan. 10, 2024, and assigned Case No. 2:24-cv-00257. The Plaintiff alleges in his first cause of action that Everi "failed to compensate Plaintiff and Class members for all overtime hours worked in excess of eight hours per day and/or 40 hours per week as required by California Labor Code".[BN] The Defendants are represented by: Elizabeth A. Sperling, Esq. Alexander R. Miller, Esq. Joseph D. Hadacek, Esq. GLASER WEIL FINK HOWARD JORDAN & SHAPIRO LLP 600 W. Broadway, Suite 1080 San Diego, CA 92101 Phone: (619) 765-4380 Facsimile: (619) 732-3498 Email: esperling@glaserweil.com amiller@glaserweil.com jhadacek@glaserweil.com EXTRACTION OIL: C&M Class Suit Removed From State Ct. to D. Colo. ----------------------------------------------------------------- The class action lawsuit captioned as C & M Resources, LLC et al. v. Extraction Oil & Gas, Inc., Case No. 2019CV34705, was removed from the Denver County District Court of Colorado to the United States District Court for the District of Colorado on Jan. 5, 2024. The Clerk of the Court for the District of Colorado assigned Case No. 1:24-cv-00037 to the proceeding. The nature of suit states as contract-related claims. Extraction Oil is an independent energy exploration and development company.[BN] Defendant Extraction Oil & Gas, Inc. f/k/a Extraction Oil and Gas, LLC, is represented by: Matthew C. Arentsen, Esq. BROWNSTEIN HYATT FARBER SCHRECK LLP 675 15th Street, Suite 2900 Denver, CO 80202 Telephone: (303) 223-1100 Facsimile: (303) 223-1111 FANDOM INC: Shah Files Suit in Cal. Super. Ct. ---------------------------------------------- A class action lawsuit has been filed against Fandom, Inc. The case is styled as Vishal Shah, individually and on behalf of all others similarly situated v. Fandom, Inc., Case No. CGC24611488 (Cal. Super. Ct., San Francisco Cty., Jan. 8, 2024). The case type is stated "Business Tort." Fandom -- http://www.fandom.com/-- is a wiki hosting service that hosts wikis mainly on entertainment topics.[BN] The Plaintiff is represented by: Emily A. Horne, Esq. BURSOR & FISHER PA 1990 N California Blvd., Ste. 940 Walnut Creek, CA 94596-3745 Phone: 925-300-4455 Email: ehorne@bursor.com FAT MEAT: Faces Solares Wage-and-Hour Suit in E.D.N.Y. ------------------------------------------------------ PEDRO SOLARES, individually and on behalf of all others similarly situated, Plaintiff v. FAT MEAT AND PRODUCE CORP (DBA BRAVO SUPERMARKET) and MARIO HERNANDEZ, Defendants, Case No. 1:24-cv-00241 (E.D.N.Y., January 11, 2024) 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 minimum wages, failure to pay overtime wages, failure to provide notice at time of hiring, and failure to provide accurate wage statements. Mr. Solares was employed by Bravo Supermarket as a non-exempt employee at its offices at 4808 4th Ave., Brooklyn, New York from approximately March 10, 2020, until December 18, 2023. Fat Meat and Produce Corp, doing business as Bravo Supermarket, is a supermarket owner and operator, headquartered in Brooklyn, New York. [BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 FEDCHEX RECOVERY: Sadasey Suit Removed to S.D. Florida ------------------------------------------------------ The case styled as Dion Sadasey, individually and on behalf of all those similarly situated v. Fedchex Recovery, LLC, Case No. CACE 23- 02218805 was removed from the 17th Judicial Circuit Court, in and for Broward Co, to the U.S. District Court for the Southern District of Florida on Jan. 8, 2024. The District Court Clerk assigned Case No. 0:24-cv-60035-AHS to the proceeding. The nature of suit is stated as Consumer Credit. Fedchex Recovery, LLC -- https://www.fedchex.com/ -- was founded in 2001. The Company's line of business includes collection and adjustment services on claims and other insurance related issues.[BN] The Plaintiff is represented by: Jennifer Gomes Simil, Esq. Jibrael Jarallah Said Hindi, Esq. Zane Charles Hedaya, Esq. LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, Suite 1700 Fort Lauderdale, FL 33301 Phone: (954) 628-5793 Fax: (954) 507-9974 Email: jen@jibraellaw.com jibrael@jibraellaw.com zane@jibraellaw.com The Defendant is represented by: Ronald S. Canter, Esq. THE LAW OFFICES OF RONALD S. CANTER, LLC 200A Monroe Street, Suite 104 Rockville, MD 20850 Phone: (301) 424-7490 Fax: (301) 424-7470 Email: rcanter@roncanterllc.com FEDEX GROUND: Barren Suit Removed to S.D. California ---------------------------------------------------- The case captioned as Deuel Barren, an individual; on behalf of himself and all others similarly situated v. FEDEX GROUND PACKAGING SYSTEM; and DOES 1 through 10, inclusive, Case No. 37-2023-00051843-CU-OE-CTL was removed from the Superior Court of the State of California for the County of San Diego, to the U.S. District Court for the Southern District of California on Jan. 8, 2024, and assigned Case No. 3:24-cv-00056-JES-MSB. The Complaint brings putative class claims for an alleged: failure to provide rest breaks; failure to provide meal breaks; failure to pay minimum wage; failure to pay all wages upon separation; failure to furnish timely and accurate wage statements; failure to pay all overtime and double time wages; Violation of California's Unfair Competition Act; and PAGA Penalties.[BN] The Defendants are represented by: Evan R. Moses, Esq. Alexander M. Chemers, Esq. Melis Atalay, Esq. Omar M. Aniff, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART PC 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: (213) 239-9800 Fax: (213) 239-9045 Email: evan.moses@ogletreedeakins.com zander.chemers@ogletree.com melis.atalay@ogletree.com omar.aniff@ogletree.com FIDELITY NATIONAL: Faces Hernandez Class Action Suit in M.D. Fla. ----------------------------------------------------------------- A class action lawsuit has been filed against Fidelity National Financial, Inc. et al. The case is captioned as Hernandez, et al. v. Fidelity National Financial, Inc. et al., Case No. 3:24-cv-00019 (M.D. Fla., Jan. 5, 2024). The nature of suit states Diversity-Property Damage demanding $5B in damages. Fidelity National is an American provider of title insurance and settlement services to the real estate and mortgage industries.[BN] The Plaintiffs are represented by: Jessica Wallace, Esq. SIRI & GLIMSTAD LLP 20200 West Dixie Highway Seventeenth Floor, Suite 902 Aventura, NY 33180 Telephone: (786) 244-5660 Facsimile: (646) 417-5967 E-mail: jwallace@sirillp.com FIDELITY NATIONAL: Horan Suit Removed to M.D. Florida ----------------------------------------------------- The case styled as Christi Horan, individually on and behalf of all others similarly situated v. Fidelity National Financial, Inc., Fidelity National Title Insurance Company, Case No. 16-02023-CA-011727 was removed from the 4th Judicial Circuit Court, Duval County, to the U.S. District Court for the Middle District of Florida on Jan. 8, 2024. The District Court Clerk assigned Case No. 3:24-cv-00021-WWB-PDB to the proceeding. The nature of suit is stated as Other Personal Property for Property Damage. Fidelity National Financial, Inc. -- http://www.fnf.com/-- a Fortune 500 company, is an American provider of title insurance and settlement services to the real estate and mortgage industries.[BN] The Plaintiff is represented by: Robert W. Murphy, Esq. LAW OFFICE OF ROBERT W. MURPHY, ESQ. 440 Premier Circle, Suite 240 Charlottesville, VA 22901 Phone: (434) 328-3100 Fax: (434) 328-3101 Email: rwmurphy@lawfirmmurphy.com - and - Reed S. Tolber, Esq. REED STEWART TOLBER, P.A. 700 South Andrews Avenue Fort Lauderdale, FL 33316 Phone: (954) 523-4101 Fax: (866) 345-1901 Email: reedtolber@gmail.com The Defendant is represented by: Ian M. Ross, Esq. SIDLEY AUSTIN LLP 1001 Brickell Bay Drive, Suite 900 Miami, FL 33131 Phone: (305) 391-5218 Email: iross@sidley.com FIRST TRANSIT: William Lawsuit Removed from Sup. Ct. to C.D. Cal. ----------------------------------------------------------------- A class action lawsuit has been filed against First Transit Inc. et al. The class action lawsuit captioned as Brian William v. First Transit Inc. et al., Case No. 21STCV17514 was removed from the Superior Court of California County of Los Angeles to the United States District Court for the Central District of California on Jan. 5, 2024. The Central California District Court Clerk assigned Case No. 2:24-cv-00137-RGK-MAR to the proceeding. The suit alleges violation of Americans with Disabilities Act demanding $50B in damages. The case is assigned to the Hon. Judge R. Gary Klausner. First Transit is a public transit management operator.[BN] Plaintiff Brian William, individually on behalf of himself the general public and on behalf of all others persons and class similarly situated, is represented by: Brian William, Esq. 3802 Rosecrans Street Unit 22 San Diego, CA 92110 The Defendant is represented by: Natalie Garcia Lashinsky, Esq. HUSCH BLACKWELL LLP 1999 Harrison Street, Suite 700 Oakland, CA 94612 Telephone: (510) 768-0650 Facsimile: (510) 768-0651 E-mail: natalie.lashinsky@huschblackwell.com - and - Raja A Hafed, Esq. KLINEDINST 801 K Street, Suite 2100 Sacramento, CA 95814 Telephone: (916) 282-0100 Facsimile: (916) 444-7544 E-mail: Rhafed@klinedinstlaw.com FLAGSTAR BANK: McIvor Suit Transferred to D. Massachusetts ---------------------------------------------------------- The case styled as James McIvor, individually and on behalf of all others similarly situated v. Lumico Life Insurance Company, Case No. 4:23-cv-12671 was transferred from the U.S. District Court for the Eastern District of Michigan, to the U.S. District Court for the District of Massachusetts on Jan. 10, 2024. The District Court Clerk assigned Case No. 1:24-cv-10070-ADB to the proceeding. The nature of suit is stated as Other Statutory Actions. Flagstar Bank -- https://www.flagstar.com/ -- offers a range of banking and lending solutions.[BN] The Plaintiffs are represented by: Michael N. Hanna, Esq. MORGAN & MORGAN, P.A. 2000 Town Center, Suite 1900 Southfield, MI 48075 Phone: (313) 251-1399 Email: mhanna@forthepeople.com - and - John A. Yanchunis, Esq. Ra O. Amen, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 North Franklin Street 7th Floor Tampa, FL 33602 Phone: (813) 223-5505 Fax: (813) 223-5402 Email: JYanchunis@forthepeople.com Ramen@forthepeople.com The Defendants are represented by: Jason E. Manning, Esq. TROUTMAN PEPPER HAMILTON SANDERS LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 Phone: (757) 687-7564 Fax: (757) 687-1524 Email: Jason.manning@troutman.com - and - Lindsey Sieling, Esq. Marcella L. Lape, Esq. William Elliott Ridgway, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 155 N. Wacker Drive, Suite 2700 Chicago, IL 60606 Phone: (312) 407-0700 Fax: (312) 407-0711 Email: lindsey.sieling@skadden.com marcella.lape@skadden.com william.ridgway@skadden.com - and - Sean P. McNally, Esq. TROUTMAN PEPPER HAMILTON SANDERS, LLC 4000 Town Center, Suite 1800 Southfield, MI 48075 Phone: (248) 359-7317 Email: sean.mcnally@troutman.com FLORIDA STATION: Cohen Sues Over Unpaid Minimum, Overtime Wages --------------------------------------------------------------- Felisa Cohen, and other similarly situated individuals v. FLORIDA STATION 174 INC., a/k/a GOLDEN GAS STATION, and ALEJANDRO SANCHEZ, individually, Case No. 1:24-cv-20126-XXXX (S.D. Fla., Jan. 11, 2023), is brought to recover monetary damages for unpaid minimum and overtime wages under the laws of the United States pursuant to the Fair Labor Standards Act ("FLSA"). The Plaintiff worked in excess of 40 hours, but she was not paid for overtime hours as required by the FLSA. The Plaintiff did not clock in and out because Defendants did not have any accurate time-keeping method, but they were in control of Plaintiff's schedule and activities, and they knew about the number of hours worked by Plaintiff and other similarly situated individuals. Therefore, the Defendants willfully failed to pay Plaintiff minimum wages in violation of the FLSA. The Defendants also failed to pay Plaintiff overtime wages, at the rate of time and a half her regular rate, for every hour that she worked in excess of 40, in violation of the FLSA, says the complaint. The Plaintiff was hired as a gas station, and convenience store attendant. GOLDEN GAS STATION is a retail business operating as a gas station, convenience store, business located in Miami Beach, Florida.[BN] The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 S. Dadeland Blvd., Suite 1500 Miami, FL 33156 Phone: (305) 446-1500 Facsimile: (305) 446-1502 Email: zep@thepalmalawgroup.com FRED HUTCHINSON: Beach Suit Removed to W.D. Washington ------------------------------------------------------ The case captioned as Debbie Beach, Davide Paciocco, Kayla Browne, Jennifer Clayton, Carmen Peramas, and Gail Smith, individually and on behalf of all others similarly situated v. FRED HUTCHINSON CANCER CENTER, UNIVERSITY OF WASHINGTON SCHOOL OF MEDICINE, UW MEDICAL CENTER, HARBORVIEW MEDICAL CENTER, VALLEY MEDICAL CENTER, UW PHYSICIANS, UW NEIGHBORHOOD CLINICS (d/b/a UW MEDICINE PRIMARY CARE), AIRLIFT NORTHWEST, and CHILDREN'S UNIVERSITY MEDICAL GROUP, Case No. 23-2-24597-1 was removed from the Superior Court of Washington for King County, to the U.S. District Court for the Western District of Washington on Jan. 8, 2024, and assigned Case No. 2:24-cv-00031-RAJ. The Plaintiffs allege that cybercriminals "infiltrated[d] Defendants' computer systems and stole Plaintiffs' and Class Members' highly sensitive personal information." More specifically, Plaintiffs alleged that on November 19, 2023, Defendant "detected unauthorized activity on its clinical network and learned that cybercriminals were able to access Defendants' computer systems ('Data Breach') and, on information and belief, were able to exfiltrate current and former patient's personally identifiable information ('PII') and protected health information ('PHI')." Plaintiffs allege that they and the Class members "are likely to suffer economic loss and other actual harm for which they are entitled to damages."[BN] The Defendants are represented by: Paul Bruene, Esq. BAKER & HOSTETLER LLP 999 Third Avenue, Suite 3900 Seattle, WA 98104-4076 Phone: (206) 332-1380 Fax: (206) 624-7317 Email: pbruene@bakerlaw.com FRED MEYER STORES: Sapphire Suit Removed to W.D. Washington ----------------------------------------------------------- The case captioned as Amelia Sapphire, individually and as class representative v. FRED MEYER STORES, INC., Case No. 22-2-19510-0-SEA was removed from the Superior Court of the Superior Court of the State of Washington for King County, to the U.S. District Court for the Western District of Washington on Jan. 8, 2024, and assigned Case No. 2:24-cv-00032. The Complaint in the State Action asserts two causes of action: violation of California Civil Code and violation of California Business and Professions Code (the "UCL").[BN] The Defendants are represented by: Susan K. Stahlfeld, Esq. Ed Choi, Esq. MILLER NASH LLP 605 5th Ave S, Ste 900 Seattle, WA 98104 Phone: (206) 624-8300 Facsimile: (206) 340-9599 Email: susan.stahlfeld@millernash.com dave.worley@millernash.com ed.choi@millernash.com FRESNO, CA: Faces Martinez Civil Rights Suit in E.D. Cal. --------------------------------------------------------- A class action lawsuit has been filed against City of Fresno et al. The case is captioned as Martinez et al v. City of Fresno et al., Case No. 1:24-cv-00021-SKO (E.D. Cal., Jan. 5, 2024). The nature of suit states Civil Rights. The case is assigned to the Hon. Judge Sheila K. Oberto. Fresno is a city in California's San Joaquin Valley. The city is a base for Yosemite National Park, with its waterfalls and giant rock formations.[BN] The Plaintiffs are represented by: Kevin G Little, Esq. LAW OFFICE OF KEVIN G. LITTLE Post Office Box 8656 Fresno, CA 93747 Telephone: (559) 342-5800 Facsimile: (559) 242-2400 E-mail: kevin@kevinglittle.com FUJI HANA RESTAURANT: Chan Files Suit in N.Y. Sup. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Fuji Hana Restaurant Corp., et al. The case is styled as Siu Na Chan, Yun Yan Gao, Chun Lin, Desheng Lin, Desheng Lin, Yi Di Lin, Wen Ke Ye, Ling Qin Ye, on their own behalf and on behalf of others similarly situated v. FUJI HANA RESTAURANT CORP. d/b/a FUJI HANA KOSHER JAPANESE RESTAURANT d/b/a FUJI HANA, LORRAINE GINDI, ESTATE OF ISADORE GINDI by executor RAMOND BETESH, ISADORE NATKIN, and JACK COHEN,, Case No. 500943/2024 (N.Y. Sup. Ct., Kings Cty., Jan. 10, 2024). Fuji Hana Restaurant Corp. is a Kosher restaurant.[BN] GEICO CASUALTY: Court OK's Day Bid to Seal Docs ------------------------------------------------ In the class action lawsuit captioned as JESSICA DAY, v. GEICO CASUALTY COMPANY, et al., Case No. 5:21-cv-02103-BLF (N.D. Cal.), the Hon. Judge Beth Labson Freeman entered an order granting motions to seal filed in connection with Briefing on the Defendants' motion to decertify class. The Plaintiff provisionally redacted portions of Exhibits 3 and 4 to her opposition to Defendants' motion to decertify the class, see and Defendants seek to maintain those redactions and to redact certain lines of their reply brief in support of the decertification motion. Exhibit 3 to the Plaintiff's opposition brief is a September 2022 report of Allan Schwartz; Defendants seek to maintain under seal a single figure in Paragraph 73 of the report on the ground that it reflects internal financial information that if disclosed would give competitors an unfair advantage. The Court has also reviewed the six lines of GEICO's reply brief for which Defendants request sealing and finds that they likewise reflect sensitive financial information for which there exist compelling reasons to seal. GEICO operates as an insurance company. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3O43XT6 at no extra charge.[CC] GEM NATION: Mercedes Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Gem Nation Corporation. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Gem Nation Corporation, Case No. 1:24-cv-00201-JMF-RFT (S.D.N.Y., Jan. 10, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Gemnation -- https://www.gemnation.com/ -- offers luxury watches at the most competitive prices.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. Stein Saks, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com GILDE COMMUNITY: Hopson Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against Gilde Community Housing, Inc., et al. The case is styled as Leah T. Hopson, Amanda K. Pineda, on behalf of themselves and others similarly situated v. Gilde community Housing, Inc., Does 1 To 100, Inclusive, Case No. CGC24611526 (Cal. Super. Ct., San Francisco Cty., Jan. 10, 2024). The case type is stated "Other Non-Exempt Complaints." Glide Community Housing strives to nurture healthy individuals, families, and the community by offering supportive services that foster overall well-being, improve quality of life in an environment of cultural integrity, diversity, and assist individuals and/or families maintain stable housing.[BN] The Plaintiff is represented by: Colby A. Meagle-Dunn, Esq. GRANDE COSMETICS: Settles False Advertisement Class Suit for $6.25M ------------------------------------------------------------------- Top Class Actions reports that Grande Cosmetics agreed to pay $6.25 million to resolve claims that its lash, brow and hair products contain undisclosed drugs that pose serious side effect risks. The settlement benefits consumers who purchased GrandeLASH-MD, GrandeBROW or GrandeHAIR from Grande between Jan. 1, 2018, and Dec. 14, 2023. According to the class action lawsuit, Grande failed to warn consumers that its GrandeLASH-MD, GrandeBROW and GrandeHAIR products contain isopropyl cloprostenate -- a drug used to treat glaucoma. Isopropyl cloprostenate can allegedly cause eye inflammation and other serious side effects that Grande Cosmetics did not disclose. Grande Cosmetics is a skincare, hair care and makeup brand that sells lash boosters, brow boosters and more at Sephora, Ulta and other retailers. Grande Cosmetics hasn't admitted any wrongdoing but agreed to a $6.25 million settlement to resolve the false advertising class action lawsuit. Under the settlement terms, class members can receive a cash payment of $150 from the settlement, even without proof of purchase. If money remains after payments are distributed to all eligible class members who submit valid claims, those who purchased two or more Grande products and can provide proof of purchase could receive an additional payment of $150, for a total payment of up to $300. The deadline for exclusion and objection is Feb. 6, 2024. The final approval hearing for the settlement is scheduled for March 13, 2024. Class members must submit a valid claim form by Feb. 27, 2024, to receive a settlement payment. Who's Eligible Consumers who purchased GrandeLASH-MD, GrandeBROW or GrandeHAIR from Grande between Jan. 1, 2018, and Dec. 14, 2023. Potential Award $300 Proof of Purchase Receipts, canceled checks or credit card statements that show payment for purchases of GrandeLASH-MD, GrandeBROW or GrandeHAIR. NOTE: If you do not qualify for this settlement do NOT file a claim. Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you're unsure if you qualify, please read the FAQ section of the Settlement Administrator's website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don't qualify for this settlement, check out our database of other open class action settlements you may be eligible for. Claim Form Deadline 02/27/2024 Case Name Nixon v. Grande Cosmetics LLC, Case No. 1:22-cv-06639, in the U.S. District Court for the District of New Jersey Final Hearing 03/13/2024 Settlement Website GC-Settlement.com Claims Administrator GrandeLASH Settlement Administrator 1650 Arch Street, Suite 2210 Philadelphia, PA19103 844-894-6664 Class Counsel Ruben Honik David Stanoch HONIK LLC Defense Counsel Thomas J Cunningham Daniel A Solitro Chris Fontenelli LOCKE LORD LLP [GN] GREAT AMERICAN: Colak Files ADA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Great American Jewelry, Inc. The case is styled as Ali Colak, on behalf of himself and all others similarly situated v. Great American Jewelry, Inc., Case No. 2:24-cv-00197 (E.D.N.Y., Jan. 10, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Great American Jewelry -- https://greatamericanjewelers.com/ -- features the finest collections at every price point.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com HEALTH INSURANCE: March 28 Claim Form Submission Deadline Set ------------------------------------------------------------- UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION ADMINISTRATIVE PROCEEDING File No. 3-20932 In the Matter of Health Insurance Innovations, Inc., now named Benefytt Technologies, Inc., and Gavin D. Southwell, Respondents. PLAN NOTICE OF HEALTH INSURANCE INNOVATIONS, INC. FAIR FUND TO: Individuals and entities, or their lawful successors, who purchased and/or acquired shares of Health Insurance Innovations, Inc. under the symbol HIIQ ("HIIQ" or "Security") during the period from March 2, 2017 through March 12, 2019, inclusive (the "Relevant Period"). If you fall within the group above, you must submit a completed Claim Form with the documentation substantiating your claim so that it is postmarked (or if not sent by U.S. Mail, received) by March 28, 2024 (the "Claims Bar Date"), to be considered for eligibility to receive a Distribution Payment from the Health Insurance Innovations, Inc. Fair Fund ("Fair Fund"). You may be eligible for a Distribution Payment from the Fair Fund. A Fair Fund has been established in the Securities and Exchange Commission administration proceeding set forth at the top of this Notice. You can read more about the proceedings, and view and download the Plan at: https://www.sec.gov/files/litigation/admin/2023/34-98936-dp.pdf or www.HealthInsuranceInnovationsFairFund.com. Eligibility Criteria To qualify for a payment from the Fair Fund, you must satisfy certain eligibility criteria that are described in detail in the Plan. The Plan is available on the Fair Fund website at www.HealthInsuranceInnovationsFairFund.com and on the Commission's public website at https://www.sec.gov/files/litigation/admin/2023/34-98936-dp.pdf. You can also request a copy of the Plan by calling the Fund Administrator at 1-877-676-3395 or by emailing info@HealthInsuranceInnnovationsFairFund.com. You are excluded from participation in the Fair Fund if you are an Excluded Party as defined in the Plan (available at https://www.sec.gov/files/litigation/admin/2023/34-98936-dp.pdf). Claim Forms THE DEADLINE TO SUBMIT A CLAIM FORM AT THE ADDRESS BELOW IS MARCH 28, 2024, ALSO REFERENCED HEREIN AS THE "CLAIMS BAR DATE". PLEASE NOTE: THIS IS A FIRM DEADLINE. IF YOU FAIL TO SUBMIT A COMPLETED CLAIM FORM ELECTRONICALLY OR POSTMARKED ON OR BEFORE MARCH 28, 2024, YOU MAY BE BARRED FROM RECEIVING A PAYMENT FROM THE FAIR FUND. THE CLAIM FORM AND APPROPRIATE SUPPORTING DOCUMENTS FOR EACH TRANSACTION LISTED IN PARTS II–III OF THE CLAIM FORM MUST BE SUBMITTED BEFORE THE CLAIMS BAR DATE. YOU MUST COMPLETE AND SIGN THE CLAIM FORM AND SUBMIT IT TO THE FUND ADMINISTRATOR ELECTRONICALLY THROUGH THE FAIR FUND'S WEBSITE. IF YOU SUBMIT YOUR CLAIM BY MAIL, IT MUST BE RECEIVED OR POSTMARKED NO LATER THAN MARCH 28, 2024, AT THE ADDRESS LISTED BELOW IN ORDER TO BE CONSIDERED FOR ELIGIBILITY TO RECEIVE A DISTRIBUTION PAYMENT FROM THE FAIR FUND: Health Insurance Innovations, Inc. Fair Fund Fund Administrator PO Box 4349 Portland, OR 97208-4349 Additional Information Additional information regarding the Fair Fund may be found at www.HealthInsuranceInnovationsFairFund.com. Additional Claim Forms and Plan Notices may also be downloaded at the Fair Fund's website. You may obtain additional information or request copies of Claim Forms and Plan Notices by calling the Fair Fund's toll-free number at 1-877-676-3395, or by emailing info@HealthInsuranceInnnovationsFairFund.com. PLEASE CHECK THE WEBSITE WWW.HEALTHINSURANCEINNOVATIONSFAIRFUND.COM FREQUENTLY FOR UPDATES. URL// www.HealthInsuranceInnovationsFairFund.com HEALTHEC LLC: Faces Randall Class Action Suit in D.N.J. ------------------------------------------------------- A class action lawsuit has been filed against HEALTHEC, LLC. The case is captioned as RANDALL v. HEALTHEC, LLC, Case No. 2:24-cv-00087-JKS-ESK (D.N.J., Jan. 5, 2024). The nature of suit states Diversity-Property Damage. The case is assigned to the Hon. Judge Jamel K. Semper. HealthEC develops and delivers end-to-end technology solutions for exchanging healthcare information and managing population health.[BN] Plaintiff HEATHER RANDALL, on behalf of herself and all others similarly situated, is represented by: David J. Disabato, Esq. SIRI GLIMSTAD LLP 8 Campus Drive, Suite 105 Parsippany, NJ 07054 Telephone: (212) 532-1091 E-mail: ddisabato@sirillp.com HEALTHEC LLC: Fails to Prevent Data Breach, Dinning Alleges ----------------------------------------------------------- DOUGLAS DINNING, individually and on behalf of all others similarly situated, Plaintiff v. HEALTHEC LLC; COREWELL HEALTH; and OAKWOOD ACCOUNTABLE CARE ORGANIZATION, LLC d/b/a BEAUMONT ACO, Defendants, Case No. 2:24-cv-10071-SJM-DRG (E.D. Mich., Jan. 9, 2024) is a class action arises out of the July 2023 cyberattack and data breach resulting from Defendants' combined failure to implement reasonable and industry standard data security practices. According to the complaint, between July 14, 2023 and July 23, 2023, the Defendants' data information systems were illicitly accessed, which included access to files containing personal information about Corewell, BACO, and other health systems and care organizations' current and former patients (the "Data Breach"). The Private Information compromised in the Data Breach was exfiltrated by cyber-criminals and remains in the hands of those cyber-criminals who target Private Information for its value to identity thieves. The Data Breach was a direct result of Defendants' failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect Plaintiff's and putative Class Members' Private Information from a foreseeable and preventable cyber-attack, says the suit. HealthEC, LLC operates as a population health management company.[BN] The Plaintiff is represented by: E. Powell Miller, Esq. Emily E. Hughes, Esq. Mitchell J. Kendrick, Esq. THE MILLER LAW FIRM 950 W. University Drive, Suite 300 Rochester, MI 48307 Telephone: (248) 841-2200 Email: epm@millerlawpc.com eeh@millerlawpc.com mjk@millerlawpc.com HENKEL CORP: Faces Suit Over Misleading Laundry Detergent's Ads --------------------------------------------------------------- Kelly Mehorter of ClassAction.org reports that a proposed class action claims 150-fluid-ounce containers of Purex liquid laundry detergent hold "nowhere close" to enough product to do 115 loads of laundry as advertised. The 25-page lawsuit alleges that despite defendant Henkel Corporation's prominent front-label representation that its Purex detergent is sufficient for "115 Loads," the "vast majority" of consumers will only get, at most, 60 loads of laundry. What's more, most consumers have "no way at all" to accurately determine how much detergent they are receiving when they purchase the Purex product, the case says. The filing argues that the only way a buyer could "possibly discern" the amount of detergent the product actually provides is by navigating a "multi-step maze" of fine print on the back panel. Even so, these back-label instructions are presented in a "confusing" manner that "consumers will not understand when purchasing the product under any circumstances, and certainly not as they rush through a convenience or grocery store," the complaint contends. According to the suit, a tiny asterisk symbol next to the "115 Loads" claim corresponds to a difficult-to-spot statement on the back of the container that reads "Medium Loads." A separate section of the back label clarifies that consumers should "fill [the] cap to just below line 1" for medium loads and "use more" for large loads, the case relays. The complaint explains that customers must then remove the measuring cup to see that it comes marked with a "1" and a "2" measuring bar, the second of which presumably corresponds with a large load. "Because a laundry washing machine cannot be filled beyond full capacity, 'large' loads, as the product employs the term, must refer to loads of laundry that are significantly fuller than what the Product labels 'medium' loads of laundry," the suit says. "In other words, what the product labels 'medium' loads are significantly less than a full load of laundry, and thus significantly less than what consumers expect." Per the suit, reasonable buyers understand the term "load" to refer to one that uses the full capacity of the laundry machine. However, unbeknownst to most consumers, Henkel Corporation's "115 Loads" claim actually refers to 115 half-loads, the filing argues. As such, the defendant's representation that Purex liquid laundry detergent holds enough product for 115 loads is "misleading and deceptive" and in violation of several state consumer protection laws, the complaint alleges. The lawsuit looks to cover anyone in Missouri, Illinois, Maryland, Hawaii, New York, Washington D.C., Rhode Island, Vermont, Washington and Connecticut who bought Purex liquid laundry detergent within the past five years. [GN] HILTON WORLDWIDE: Bid to Continue Class Cert in Travelers OK'd -------------------------------------------------------------- In the class action lawsuit captioned as TRAVELERS UNITED, INC. v. HILTON WORLDWIDE HOLDINGS INC., et al., Case No. 1:23-cv-03584 (D.D.C., Dec. 1, 2023), the Hon. Judge Beryl A. Howell entered an order: -- granting the Defendants' consent motion to continue responsive Pleading and Class Certification Deadlines, and -- directing the defendants to answer or otherwise respond to plaintiff's complaint within 30 days of a ruling on the plaintiff's motion to remand, and plaintiff to file any motion for class certification within six months of such ruling. The nature of suit Torts - Personal Property - Other Fraud. Hilton is an American multinational hospitality company that manages and franchises a broad portfolio of hotels and resorts.[CC] HISENSE USA: Refrigerators' Shelves "Defective," Volinsky Alleges ----------------------------------------------------------------- ALEX VOLINSKY, individually and on behalf of all others similarly situated, Plaintiff v. HISENSE USA CORPORATION, Defendant, Case No. 8:24-cv-00117-MSS-AAS (M.D. Fla., January 11, 2024) is a class action against the Defendant for violation of the Florida Deceptive and Unfair Trade Practices Act, false and misleading adverting, fraud, and unjust enrichment. The case arises from the Defendant's false, deceptive, and misleading advertising, labeling, and marketing of its refrigerators under Hisense brand. The Defendant markets its refrigerators with the representations that they are technologically advanced and built to last. However, the shelves of the product were defective, in that they were made of low-quality and/or low-strength materials, which caused the plastic framing of the glass shelves to break and/or detach. This defect in turn caused the shelves to lose their stability and integrity, affecting the function and capabilities of the appliance. The Plaintiff and Class members would not have purchased the product or paid as much if the true facts had been known, suffering damages, says the suit. Hisense USA Corporation is a consumer electronics manufacturer based in Georgia. [BN] The Plaintiff is represented by: William Wright, Esq. THE WRIGHT LAW OFFICE P.A. 515 N. Flagler Dr., Ste. P300 West Palm Beach FL 33401 Telephone: (561) 514-0904 E-mail: willwright@wrightlawoffice.com - and – Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES P.C. 60 Cuttermill Rd., Ste. 412 Great Neck, NY 11021 Telephone: (516) 268-7080 E-mail: spencer@spencersheehan.com ILLINOIS: Appeals to Stop Class Suit Over Red Light Camera Tickets ------------------------------------------------------------------ Scott Holland of Cook County Record reports that a state appeals panel has stopped a class action lawsuit accusing the suburban village of Stone Park of illegally issuing red light camera tickets. In November 2021, Michael Tock sued the village in Cook County Circuit Court, seeking to lead potentially hundreds of others ticketed for allegedly failing to stop when turning right on red at the intersection of Mannheim Road and Lake Street, not far from O'Hare International Airport. Although Tock successfully contested his $100 citation, his lawsuit alleged the village continues to issue tickets for drivers who didn't violate the law, presuming they would pay the fine rather than engaging in the administrative appeal process. Fellow named plaintiffs Hector Hoyos and Keith Wetterquist joined the suit. But Cook County Judge Neil Cohen dismissed Tock's complaint, finding Tock lacked standing because he successfully contested his citation, while the other plaintiffs failed to exhaust their administrative remedies before attempting litigation. The plaintiffs appealed to the Illinois First District Appellate Court in Chicago. First District Justice Mary Ellen Coghlan wrote the panel's decision, filed Dec. 26; Justices Terrence Lavin and Aurelia Pucinski concurred. The order was issued under Supreme Court Rule 23, which restricts its use as precedent, except under limited circumstances. On appeal, Tock alleged he suffered financial harm because he expended his personal time and resources to contest the ticket. The panel said the plaintiffs "seek declarations that the tickets issued by the village are invalid, that the village's ticket review procedure violates due process and an injunction requiring the village to 'refund all fines collected' from these tickets," Coghlan wrote. "Tock was found not liable, his ticket was dismissed and he did not pay a fine. Therefore, it is not 'substantially likely' that granting the requested relief would prevent the economic harm incurred from attending the hearing." The panel said the plaintiffs cited a 2022 Illinois First District Appellate Court ruling, Potek v. Chicago, regarding drivers ticketed for cell phone use. But Coghlan said the ruling in favor of those plaintiffs hinged on a determination the administrative agency that found them liable lacked the jurisdiction to do so, not whether the plaintiffs paid their fines or engaged in contention proceedings. The panel said there was no finding of liability against Tock, and neither Wetterquist nor Hoyos challenged the city's authority to find them liable. On appeal, Coghlan said, the plaintiffs did directly challenge Stone Park's legal authority to issue the tickets. Not only did they waive the right to make the argument by failing to do so in circuit court, the panel said, but challenging municipal authority to issue citations doesn't trigger the exemption to requirements for exhausting administrative remedies, that could be applied only to findings of liability by the village's Code Hearing Unit. The panel further disagreed with arguments that exhausting administrative remedies would be futile. The plaintiffs argued they intended to prove they stopped their cars before entering the intersection, while alleging village code allows only three enumerated defenses: the car or license plates were stolen; the driver was yielding to an emergency vehicle or participating in a funeral procession; or another person was driving. However, the panel said the code "allows a registered owner to 'contest the merits of the alleged violation' at an administrative hearing" while the violation notices themselves have a complete list of the grounds for objections. "One need look no further than Tock's successful challenge to appreciate that not all administrative challenges to red light tickets are futile," Coghlan wrote. Although Hoyos didn't prevail at his administrative hearing, the panel continued, he was allowed to challenge that ruling in his own circuit court lawsuit. That plaintiffs instead asked the court to find the entire ticketing apparatus a systemic failure, the panel said, brought them in line with the plaintiff in Pinkston v. Chicago, who challenged the city's process of writing tickets for cars parked in the Central Business District. In December, the Illinois Supreme Court issued a 7-0 opinion finding the plaintiff couldn't continue a lawsuit without exhausting administrative remedies simply by alleging the Chicago Department of Administrative Hearings lacked the power to prevent future tickets issued against cars not parked illegally in the contested area. "While the city may issue the tickets through its code enforcement officers, it has also implemented an administrative process to deal with challenges to those tickets, including a hearing before the DOAH," wrote Justice Lisa Holder White. "To simply claim it is the city's actions at issue and thus exhaustion is not required would have the effect of nullifying the administrative process for a whole host of code violations and flood the circuit court with litigation. This was not the legislature's intent in establishing the Administrative Review Law." Tock's lawsuit is no different, the panel concluded, agreeing Judge Cohen was correct to dismiss the complaint as an attempt to circumvent the administrative review process through putative class action. Tock is represented by attorneys Richard F. Linden, of the firm of Lipman & Linden; Robert Fioretti, of Roth Fioretti; and Peter Bustamante, all of Chicago. In response to questions from The Cook County Record, Fioretti declined comment on the decision itself. However, he said the plaintiffs are considering various legal options, including an ultimate potential petition for appeal to the Illinois Supreme Court. [GN] INTEGRIS HEALTH: King Files Suit in W.D. Oklahoma ------------------------------------------------- A class action lawsuit has been filed against Integris Health, Inc. The case is styled as Samantha King, on behalf of herself and on behalf of all others similarly situated v. Integris Health, Inc., Case No. 5:24-cv-00022-G (W.D. Okla., Jan. 8, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Integris Health -- https://integrisok.com/ -- is an American 501 not-for-profit organization which manages health care facilities in the state of Oklahoma.[BN] The Plaintiff is represented by: Larry D. Lahman, Esq. Roger L. Ediger, Esq. MITCHELL & DECLERCK 202 W Broadway Ave Enid, OK 73701 Phone: (580) 747-3114 Email: ldl@mdpllc.com rle@mdpllc.com - and - Michael Burrage, Esq. Reggie N. Whitten, Esq. WHITTEN BURRAGE 512 N Broadway Ave, Suite 300 Oklahoma City, OK 73102 Phone: (405) 516-7800 Fax: (405) 516-7859 Email: mburrage@whittenburragelaw.com rwhitten@whittenburragelaw.com JAY AMBANI HOSPITALITY: Sterling Files Suit in Cal. Super. Ct. -------------------------------------------------------------- A class action lawsuit has been filed against Jay Ambani Hospitality, Inc., et al. The case is styled as Tabitha Sterling, on behalf of others similarly situated v. Jay Ambani Hospitality, Inc., Stockdale Hotel Group, LLC, Om Sri Mai Hospitality, LLC, Case No. BCV-24-100080 (Cal. Super. Ct., Kern Cty., Jan. 8, 2024). The case type is stated "Other Employment - Civil Unlimited." Jay Ambani Hospitality, Inc. is located at 6501 Colony St in Bakersfield and has been in the business of Inns since 2011.[BN] The Plaintiff is represented by: Jonathan M. Genish, Esq. BLACKSTONE LAW 8383 Wilshire Blvd., Ste. 745 Beverly Hills, CA 90211-2442 Phone: 855-786-6355 Fax: 855-786-6356 Email: jgenish@blackstonepc.com JLM DECORATING: Martinez Wins Bid to Certify NYLL Class -------------------------------------------------------- In the class action lawsuit captioned as Israel Martinez, on behalf of himself and all others similarly situated, v. JLM Decorating, Inc. et al., Case No. 1:20-cv-02969-RA-SN (S.D.N.Y.), the Hon. Judge Sarah Netburn entered an order granting the Plaintiffs' motion to certify a New York Labor Law (NYLL) class consisting of: "current and former non-managerial employees, who at any time from April 10, 2014, through the present, performed any manual work, including but not limited to, painting and renovation work, for Defendants, in New York, and who were paid on an hourly basis" pursuant to Rule 23. Judge Netburn also recommend that the Court appoint Borrelli & Associates, P.L.L.C. as class counsel. He further recommends that the Court deny the Plaintiffs' request to disseminate their proposed notice and instead order the Plaintiffs to submit a revised notice consistent with the criteria set forth in Rule 23(c)(2)(B). JLM is a full-service painting, wallcovering & decorative firm performing in the Tri-State and Florida commercial markets. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/48qlJYZ at no extra charge.[CC] JOHNSON & JOHNSON: Harrison Suit Transferred to E.D. New York ------------------------------------------------------------- The case captioned as Christine Harrison, on behalf of herself and all others similarly situated v. Johnson & Johnson, Johnson & Johnson Consumer Inc., Kenvue Inc., McNeil Consumer Healthcare, Case No. 1:23-cv-01625 was transferred from the U.S. District Court for the Eastern District of Wisconsin, to the U.S. District Court for the Eastern District of New York on Jan. 8, 2024. The District Court Clerk assigned Case No. 1:24-cv-00044-BMC to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiff is represented by: Joshua B. Kons, Esq. 50 Albany Turnpike, Ste. 4024 Canton, CT 06019 Phone: (860) 920-5181 KANSAS CITY: Fine Seeks to Seal Exhibits Regarding Discovery ------------------------------------------------------------ In the class action lawsuit captioned as ROBERT R. FINE, Individually and On Behalf Of All Others Similarly Situated, v. KANSAS CITY LIFE INSURANCE COMPANY, Case No. 2:22-cv-02071-SSS-PD (C.D. Cal.), the Hon. Judge Patricia Donahue entered an order granting the Plaintiff's application for leave to file under seal Select exhibits to local rule 37-2 stipulation regarding Discovery propounded by the Plaintiff on defendant. The following Exhibits to the Declaration of Scott Witt filed with Plaintiff's Motion for Class Certification shall be sealed in their entirety as proposed in the Application for Leave to File Under Seal: -- Exhibit 13 containing a sample in PDF format from Exhibit A to KCL's Interrogatory Responses provided and marked as "Confidential" in Meek v. Kansas City Life Ins. Co., Case No. 19- 00472-CV-W-BP (W.D. Mo.). -- Exhibit 17 containing a sample in PDF format from Exhibit C to KCL's Interrogatory Responses provided and marked as "Confidential" in Meek. -- Exhibit 19 containing excerpts of KCL's Fourth Supplemental Responses and Objections to Plaintiff's First Interrogatories provided and marked as "Confidential" in Karr v. Kansas City Life Ins. Co., No. 1916-CV26645 (Mo. Cit. Ct.). -- Exhibit 20 containing excerpts of KCL's Third Supplemental Responses and Objections to the Plaintiff's First Interrogatories provided and marked as "Confidential" in Meek. -- Exhibit 21 containing excerpts of KCL's Second Supplemental Responses and Objections to Plaintiff's First Interrogatories provided and marked as "Confidential" in Sheldon v. Kansas City Life Ins. Co., No. 1916-CV26689 (Mo. Cir. Ct.). -- Exhibit 22 containing a sample in PDF format from Exhibit E to KCL's Interrogatory Responses provided and marked as "Confidential" in Meek. Kansas City Life is a public insurance company established in 1895 and located in Kansas City, Missouri. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/48wblPB at no extra charge.[CC] KIRIN TRANSPORTATION: Wang Suit Seeks to Certify Rule 23 Class -------------------------------------------------------------- In the class action lawsuit captioned as QIAN WANG a/k/a Sarah Wang, and ZHANWEN CHI, on their own behalf and on behalf of others similarly situated, v. KIRIN TRANSPORTATION INC. d/b/a Kirin Transportation; QIANG CHEN a/k/a Frank Chen, MARRIANA YUHUA SONG a/k/a Nancy Song, and QIUXIANG SHI a/k/a Qiu Xiang Shi, Case No. 1:20-cv-05410-OEM-TAM (E.D.N.Y.), the Plaintiff asks the Court to enter an order: (1) certifying action as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure; (2) appointing the Plaintiffs QIAN WANG, ZHANWEN CHI, TIANDE WANG, YA XU and LU YANG as class representatives; (3) appointing Troy Law, PLLC and its attorneys John Troy, Aaron B. Schweitzer, and Tiffany Troy as class counsel; (4) permitting the Plaintiffs to circulate a notice of class action by direct mail to class members and by publication; and (5) granting such other and further relief as the Court shall deem just and proper. A copy of the Plaintiff's motion dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3S2KdAE at no extra charge.[CC] The Plaintiffs are represented by: John Troy, Esq. Aaron Schweitzer, Esq. TROY LAW, PLLC 41-25 Kissena Boulevard Suite 103 Flushing, NY 11355 Telephone: (718) 762-1324 KOHL'S INC: Court Directs Filing of Discovery Plan in Ihnken Suit ----------------------------------------------------------------- In the class action lawsuit captioned as Ihnken v. Kohl's Inc., Case No. 1:23-cv-01427-JBM-JEH (C.D. Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order as follows: -- Rule 16 scheduling conference The Court will set a Rule 16 scheduling conference approximately 30 days after the answer or other responsive pleading is filed. The conference will generally be conducted by telephone. -- Discovery plan The discovery plan shall be filed with the Court at least three calendar days before the Rule 16 scheduling conference. -- Waiver of the Rule 16 scheduling conference If the parties agree on all matters contained in the discovery plan, then the parties may waive the Rule 16 scheduling conference. To do so, the parties shall indicate in the discovery that the parties agree upon all maters contained within the discovery plan, and they request that the Rule 16 scheduling conference be cancelled. -- Failure of counsel to attend a scheduled telephone hearing For the convenience of counsel, the Court conducts most hearings by telephone when possible. Counsel's failure to appear for a telephone hearing will be treated as a failure of counsel to appear for an in-person hearing. -- Discovery disputes brought to the Court's attention after the discovery deadline has already passed The parties may not raise a discovery dispute with the Court after the relevant discovery deadline has passed; all discovery disputes must be brought to the Court's attention before the relevant discovery deadline passes. Any discovery disputes raised with the Court after the expiration of the relevant discovery deadline shall be deemed waived by the Court, even if the parties agreed to conduct discovery after the relevant discovery deadline has passed. If the parties agree to conduct discovery after the expiration of a deadline set by the Court, they must still file a motion requesting that the Court move that deadline as agreed by the parties in order to avoid any subsequent discovery disputes being deemed waived. -- Settlement conferences and mediation The parties are encouraged to seek a settlement conference or mediation with a magistrate judge. Where parties request a settlement conference or mediation in a case referred to Judge Hawley, Judge Hawley will conduct said conference or mediation. Kohl's is an American department store retail chain. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3U12ctC at no extra charge.[CC] KRAFT HEINZ: Moffett FLSA Suit Moved From W.D. Pa. to E.D. Wis. --------------------------------------------------------------- A class action lawsuit has been filed against Kraft Heinz Foods Company. The class action lawsuit captioned as Moffett v. Kraft Heinz Foods Company, Case No. 2:23-cv-01716 (Filed Oct. 2, 2023), was transferred from the United States District Court for the Western District of Pennsylvania to the United States District Court for the Eastern District of Wisconsin on Jan. 5, 2023. The Eastern Wisconsin District Court Clerk assigned Case No. 2:24-cv-00025-BHL to the proceeding. The suit alleges violation of the Fair Standards Act and is assigned to the Hon. Judge Brett H Ludwig. Kraft operates as a food and beverage company. The Company offers sauces, meals, soups, snacks, and infant nutrition products.[BN] Plaintiff Steve Moffett, on behalf of himself and others similarly situated, is represented by: Robi J. Baishnab, Esq. Jeffrey Moyle, Esq. NILGES DRAHER LLC 1360 E. 9th St., Suite 808 Cleveland, OH 44114 Telephone: (216) 230-2955 Facsimile: (330) 754-1430 E-mail: jmoyle@ohlaborlaw.com The Defendant is represented by: Daniel A Kaplan, Esq. Katelynn M Williams, Esq. Mark J Neuberger, Esq. FOLEY & LARDNER LLP 150 E Gilman St-Ste 5000 Madison, WI 53701-1497 Telephone: (608) 257-5035 Facsimile: (608) 258-4258 E-mail: dkaplan@foley.com kmwilliams@foley.com LEGACY WIRELESS: Perkins Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Legacy Wireless Services, Inc., et al. The case is styled as Raymond Perkins, on behalf of himself and all others similarly situated v. Wireless Services, Inc., et al., Case No. 24CV000159 (Cal. Super. Ct., Sacramento Cty., Jan. 8, 2024). Legacy Wireless Services -- https://legacy-wireless.com/ -- offers wireless and tower construction, engineering, and consulting services to the wireless communication sector.[BN] LOVE'S TRAVEL: Court Directs Discovery Plan Filing in Fechter Suit ------------------------------------------------------------------ In the class action lawsuit captioned as Fechter v. Love's Travel Stops & Country Stores, Inc., Case No. 4:23-cv-04217-SLD-JEH (C.D. Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order as follows: -- Rule 16 scheduling conference The Court will set a Rule 16 scheduling conference approximately 30 days after the answer or other responsive pleading is filed. The conference will generally be conducted by telephone. -- Discovery plan The discovery plan shall be filed with the Court at least three calendar days before the Rule 16 scheduling conference. -- Waiver of the Rule 16 scheduling conference If the parties agree on all matters contained in the discovery plan, then the parties may waive the Rule 16 scheduling conference. To do so, the parties shall indicate in the discovery that the parties agree upon all maters contained within the discovery plan, and they request that the Rule 16 scheduling conference be cancelled. -- Failure of counsel to attend a scheduled telephone hearing For the convenience of counsel, the Court conducts most hearings by telephone when possible. Counsel's failure to appear for a telephone hearing will be treated as a failure of counsel to appear for an in-person hearing. -- Discovery disputes brought to the Court's attention after the discovery deadline has already passed The parties may not raise a discovery dispute with the Court after the relevant discovery deadline has passed; all discovery disputes must be brought to the Court's attention before the relevant discovery deadline passes. Any discovery disputes raised with the Court after the expiration of the relevant discovery deadline shall be deemed waived by the Court, even if the parties agreed to conduct discovery after the relevant discovery deadline has passed. If the parties agree to conduct discovery after the expiration of a deadline set by the Court, they must still file a motion requesting that the Court move that deadline as agreed by the parties in order to avoid any subsequent discovery disputes being deemed waived. -- Settlement conferences and mediation The parties are encouraged to seek a settlement conference or mediation with a magistrate judge. Where parties request a settlement conference or mediation in a case referred to Judge Hawley, Judge Hawley will conduct said conference or mediation. Love's Travel operates truck stops and convenience stores. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/426L7AM at no extra charge.[CC] LUCCELLO INC: Faces Pagan ADA Class Action Suit in S.D. New York ---------------------------------------------------------------- A class action lawsuit has been filed against Luccello, Inc. The case is captioned as Pagan v. Luccello, Inc., Case No. 1:24-cv-00104-VSB (S.D.N.Y., Jan. 5, 2024). The suit alleges violation of the Americans with Disabilities Act. The case is assigned to the Hon. Judge Vernon S. Broderick. Luccello is a privately owned holding company, specializing in luxury goods, e-commerce, retail, and technology.[BN] Plaintiff Christopher Pagan, on behalf of himself and all others similarly situated, is represented by: Bennitta Lisa Joseph, Esq. JOSEPH & NORINSBERG, LLC 110 East 59th Street, Suite 3200 New York, NY 10022 Telephone: (212) 227-5700 Facsimile: (212) 406-6890 E-mail: bennittaj@gmail.com - and - Jon L. Norinsberg, Esq. JON L. NORINSBERG, ESQ., PLLC 110 East 59th Street, Suite 2300 New York, NY 10022 Telephone: (212) 791-5396 Facsimile: (212) 406-6890 E-mail: jon@norinsberglaw.com MAC COSMETICS: Parties Seek Extension of Class Cert Deadlines ------------------------------------------------------------- In the class action lawsuit captioned as IGNACIO MACIEL, RUTH TORRES, on behalf of themselves and all other similarly situated persons, v. M.A.C. COSMETICS INC., a New York corporation; and DOES 1-50, inclusive, Case No. 3:23-cv-03718-AMO (N.D. Cal.), the Parties ask the Court to enter an order granting their stipulation to extend discovery and class certification deadlines: 1. Amended Complaint or Motion to Amend currently due by Jan. 8, 2024, be extended to March 8, 2024. 2. Close of Fact Discovery currently due by Feb. 8, 2024, be extended to April 8, 2024. 3. The Plaintiffs' Expert Reports currently due by April 4, 2024 be extended to May 5, 2024. 4. The Defendants' Expert Reports currently due by May 2, 2024 be extended to June 4, 2024. 5. The Plaintiffs' Rebuttal Expert Reports currently due by May 30, 2024 be extended to June 29, 2024. 6. Close of Expert Discovery currently due by June 20, 2024 be extended to July 19, 2024. 7. Daubert Motions and Motion for Class Certification currently due by July 18, 2024 be extended to August 8, 2024. 8. Oppositions to Daubert Motions and Motion for Class Certification, currently due by August 29, 2024 be extended to September 10, 2024. 9. Replies re: Daubert Motions and Motion for Class Certification, currently due by September 19, 2024 be extended to October 4, 2024. 10. Daubert Motions and Motion for Class Certification Hearing currently set for October 24, 2024 at 02:00 p.m. be continued to October 29, 2024 at 2:00 p.m. On Dec. 6, 2023, the Defendant filed its Substitution of Attorney, substituting in its new counsel LITTLER MENDELSON, P.C. in place of its previous counsel MORGAN, LEWIS & BOCKIUS LLP. MAC offers a large selection of professional quality makeup must-haves for All Ages, All Races, All Sexes. A copy of the Parties' motion dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3HnyN5z at no extra charge.[CC] The Plaintiffs are represented by: Matthew Righetti, Esq. John Glugoski, Esq. RIGHETTI GLUGOSKI, P.C. 2001 Union Street, Suite 400 San Francisco, CA 94123 Telephone: (415) 983-0900 E-mail: matt@righettilaw.com jglugoski@righettilaw.com - and - Reuben D. Nathan, Esq. NATHAN & ASSOCIATES, APC 2901 W. Coast Hwy., Suite 200 Newport Beach, CA 92663 Telephone: (949) 270-2798 Facsimile: (949) 209-0303 E-mail: rnathan@nathanlawpractice.com The Defendants are represented by: Allison S. Wallin, Esq. Susan T. Ye, Esq. Nathaniel H. Jenkins, Esq. LITTLER MENDELSON P.C. 2049 Century Park East, 5th Floor Los Angeles, CA 90067 Telephone: (310) 553-0308 Facsimile: (800) 715-1330 E-mail: awallin@littler.com sye@littler.com njenkins@littler.com MATCH GROUP: Brown Suit Removed from Sup. Ct. to C.D. Cal. ---------------------------------------------------------- A class action lawsuit has been filed against Match Group, LLC. et al. The class action lawsuit captioned as Diane Brown, et al. v. Match Group, LLC. et al., Case No. 23STCV28835, was removed from the Los Angeles County Superior Court to the United States District Court for the Central District of California on Jan. 5, 2024. The Central California District Court Clerk assigned Case No. 2:24-cv-00143-GW-PVC to the proceeding. The suit alleges violation of the Civil Rights Act demanding $5M in damages. The case is assigned to the Hon. Judge George H Wu. Match Group is an American internet and technology company.[BN] The Plaintiffs are represented by: Christopher Ross Rodriguez, Esq. Andrew Daniel Bluth, Esq. SINGLETON SCHREIBER, LLP 1414 K Street Suite 470 Sacramento, CA 95814 Telephone: (916) 248-8478 E-mail: crodriguez@singletonschreiber.com abluth@singletonschreiber.com - and - David Greifinger, Esq. DAVID GREIFINGER LAW OFFICES 15515 West Sunset Boulevard Suite 214 Pacific Palisades, CA 90272 Telephone: (424) 330-0193 Facsimile: (831) 920-4864 E-mail: tracklaw@me.com - and - Kenneth M. Lipton, Esq. KENNETH M. LIPTON LAW OFFICES 5900 Sepulveda Boulevard Suite 400 Van Nuys, CA 91411-2580 Telephone: (818) 780-3562 Facsimile: (818) 780-9038 E-mail: kenlipton998431@aol.com The Defendants are represented by: Donald R. Brown, Esq. Val Bianchi-Demicheli, Esq. MANATT PHELPS AND PHILLIPS LLP 2049 Century Park East Suite 1700 Los Angeles, CA 90067 Telephone: (310) 312-4000 Facsimile: (310) 312-4224 E-mail: dbrown@manatt.com VBianchi-Demicheli@manatt.com MCADOO'S SEAFOOD: Brixey's Bid for Courr-Authorized Notice OK'd --------------------------------------------------------------- In the class action lawsuit captioned as ALEXIS BRIXEY, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, et al, v. MCADOO'S SEAFOOD COMPANY, LLC, WIGGINS HOSPITALITY GROUP, LLC, Case No. 5:23-cv-00232-DAE (W.D. Tex.), the Hon. Judge Elizabeth S. ("Betsy") Chestney entered an order granting the Plaintiffs' motion for Court-Authorized Notice as follows: -- The following two classes of employees shall be provided with notice of this lawsuit: Server Collective Members: "All current and former employees who worked for Defendants as servers at any time within the three year period preceding January 2, 2024, and were paid a direct cash wage of less than minimum wage." Bartender Collective Members: "All current and former employees who worked for Defendants as bartenders at any time within the three year period preceding January 2, 2024, and were paid a direct cash wage of less than minimum wage." The Court authorizes the expedited issuance of the Notice of Collective Action and Consent Forms attached as Exhibit 31 to Plaintiff's Motion, to be disseminated by mail and a website solely dedicated to disseminating the Notice of Collective Action and Consent Form. The Parties shall comply with the following schedule: No later than 14 days Defendants shall provide to Class Counsel from the date of this in Excel (.xlsx) format the following Order information regarding all Putative Class Members: full name; last known mailing address(es) with city, state, and Zip Code; all known email address(es); beginning date(s) of employment; ending date(s) of employment (if applicable); locations worked; and all known telephone number(s). No later than 15 days Class Counsel shall file with the Court after the close of the all signed Consents to Join Notice Period The Plaintiff Alexis Brixey filed this action on behalf of herself and all others similarly situated against two restaurants, McAdoo's and La Cosecha, alleging the underpayment of wages owed to their employees in violation of the Fair Labor Standards Act (FLSA). The Plaintiff's Complaint alleges that Defendants pay their servers and bartenders wages that are less than a minimum wage by misapplying the FLSA's tip-credit provision. The Plaintiffs include JENIFFER LOPEZ, MADISON HALL, BAILEY ALFORD, ALEC SEEHAUSEN, LAUREN THOMPSON, CAIDEN LONGORIA, ALEXANDRA KOPP, ALEXANDER NICKERSON, RYEN WESCOTT, AUSTIN CONRAD, EMILEE OVERFIELD, MEG KEAVUTZ, KURT R. MCDANIEL, ZACHARY ELLIOT, MYA SHARP, MAESON DAHL, ALEXUS JONES, JAVEON EDWARDS, COLE LEWIS KLEINMAN, RYLEE DAHL, KYNDALL NILIUS, NADIA PEREZ, SAMANTHA VELAZQUEZ, MEGAN BOUTWELL, JAMES CLARKE, KENZIE MCCLURE, RAUL OLVERA, CRISTY RIVERA, OMAR GONZALEZ, MICHELL PARKS, CAMERON LAUREL, LAUREN PHILLIPS, GABRIELLE RODRIGUEZ, NICHOLAS DANIEL SNARPONIS, JONATHAN SAUCEDO, LAUREN OUSMAN, ISAAC MUNOZ, NICOLAS BETANCOURT, CASSANDRA VELASQUEZ, ANDREW ARROYO, SYDNEY ANDERSON, SAVANAH MAESTAS, ALANAH GALLEGOS, PATRICK ROA-VALENZUELA, TIMOTHY RYAN, TIFFANY ZEMPEL, LUISANGEL ANDRADE, and ALANA DEVEREAUX. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3tQpcRF at no extra charge.[CC] META PLATFORMS: Settles Privacy Class Suit in Canada for $51M ------------------------------------------------------------- National Post reports that a multimillion-dollar settlement proposed by Meta sends a message to other companies about the importance of paying attention to the country's privacy laws, says a lawyer representing Canadians in the class-action lawsuit against the social media giant. Meta is offering $51 million to settle the lawsuit in four provinces over Facebook's "Sponsored Stories" advertising program, which ran from 2011 to 2014, using people's names and photos without their knowledge. Christopher Rhone, a partner at the Vancouver law firm Branch MacMaster who represented the plaintiffs, said large social media companies are usually not based in Canada but still expect to do business here. "It's important for them to review and consider the privacy rights that the individuals, the residents of these provinces, have in Canada, before they start engaging in their work here," he said. Rhone said the companies need to take a closer look at the Canadian legal landscape, "in order that residents of these provinces can be protected in the ways that our legislatures and courts want them to be protected." The legal action filed by a B.C. woman was expanded outside of the province in 2019 to include residents of Saskatchewan, Manitoba and Newfoundland and Labrador. As part of the sponsored story program, if someone "liked" a product, Facebook generated a news feed endorsement using their name and profile photo, but didn't tell them their information was being used. MNP Ltd., the court-appointed administrator handling the proposed settlement, said in a statement the agreement needs to be approved by a B.C. Supreme Court judge in March, along with a process to determine class members' share of the money. "The proposed settlement provides that Facebook will pay the all-inclusive sum of $51 million in exchange for a full and final release by the class of all claims in issue in the class-action against Facebook," said the statement issued on January 11, 2024 by MNP. Meta did not immediately respond to a request for comment on the settlement. The case has stretched on for years, including to the Supreme Court of Canada, which ruled in 2017 that Facebook could be sued in B.C. courts. A B.C. Supreme Court judge found in 2022 that "members of the class did not expressly or impliedly consent to Facebook's use of their likenesses in Sponsored Stories." Rhone said Meta appealed the decision regarding liability, but a ruling was not released before the settlement was agreed to. He said despite the fact that Facebook is not admitting liability in the settlement, the money still sends a strong message about protecting Canadian's rights. Meta wrapped up a $725-million legal settlement last year with American Facebook users over privacy after revelations that the platform allowed personal information from its users to be fed to Cambridge Analytica, a firm that helped Donald Trump's 2016 U.S. presidential campaign. Lawyers estimate 4.3 million people could qualify for part of the Canadian settlement. The MNP statement said class members don't need to do anything yet to get compensation. "After settlement is approved, a process will be announced setting out the procedure and manner for class members to submit their claims for a share of the settlement funds." Rhone said he will be proposing that an online form be set up for people to show that they lived in one of the four provinces and were members of Facebook during the period when Sponsored Stories were running. He said no database exists laying out who was used in the ads. "I think almost anybody that was at least somewhat active on Facebook would have been in a sponsored story. That's the assumption we're working with," he said. Anyone who wants to object to the proposed settlement has until March 11. [GN] MT. LEBANON: Faces Alberty Class Action Suit in W.D. Pennsylvania ----------------------------------------------------------------- A class action lawsuit has been filed against MT. LEBANON TOWNSHIP. The case is captioned as ALBERTY v. MT. LEBANON TOWNSHIP, Case No. 2:24-cv-00019-NR (W.D. Pa., Jan. 5, 2024). The case is assigned to the Hon. Judge J. Nicholas Ranjan. The suit alleges violation of the Civil Rights Act. Mt. Lebanon is a township with home rule status in Allegheny County, Pennsylvania.[BN] Plaintiff Alberty, on behalf of himself and all similarly situated individuals, is represented by: Joseph H. Chivers, Esq. EMPLOYMENT RIGHTS GROUP 100 First Avenue, Suite 1010 Pittsburgh, PA 15222 Telephone: (412) 227-0763 E-mail: jchivers@employmentrightsgroup.com NAVVIS & COMPANY: Faces Rekoske Class Action Suit in E.D. Mo. ------------------------------------------------------------- A class action lawsuit has been filed against Navvis & Company, LLC et al. The case is captioned as Rekoske v. Navvis & Company, LLC et al., Case No. 4:24-cv-00029-AGF (E.D. Mo., Jan. 5, 2024). The nature of suit states Diversity-Breach of Contract. The case is assigned to the Hon. Judge Audrey G. Fleissig. Navvis & Company provides end to end total population health management solutions for health systems and physician networks.[BN] Plaintiff Brian Rekoske, individually and on behalf of all others similarly situated, is represented by: Tiffany M. Yiatras, Esq. CONSUMER PROTECTION LEGAL 308 Hutchinson Road Ellisville, MO 63011 Telephone: (314) 541-0317 Facsimile: (855) 710-7706 E-mail: tiffany@consumerprotectionlegal.com NAVVIS & COMPANY: Klassen Files Suit in E.D. Missouri ----------------------------------------------------- A class action lawsuit has been filed against Navvis & Company, LLC. The case is styled as Maxwell Klassen, individually and on behalf of all others similarly situated v. Navvis & Company, LLC doing business as: Navvis, Case No. 4:24-cv-00035 (E.D. Mo., Jan. 8, 2024). The nature of suit is stated as Other Contract for Contract Dispute. Navvis & Company -- https://www.navvishealthcare.com/ -- is a solutions firm assisting physicians and health networks with health management.[BN] The Plaintiff is represented by: Tiffany M. Yiatras, Esq. CONSUMER PROTECTION LEGAL 308 Hutchinson Road Ellisville, MO 63011 Phone: (314) 541-0317 Fax: (855) 710-7706 Email: tiffany@consumerprotectionlegal.com NAVVIS & COMPANY: Montiel Files Suit in E.D. Missouri ----------------------------------------------------- A class action lawsuit has been filed against Navvis & Company, LLC. The case is styled as Julie Montiel, on behalf of her minor child, E.D., and all others similarly situated v. Navvis & Company, LLC doing business as: Navvis, Case No. 4:24-cv-00040 (E.D. Mo., Jan. 8, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Navvis & Company -- https://www.navvishealthcare.com/ -- is a solutions firm assisting physicians and health networks with health management.[BN] The Plaintiff is represented by: Jeremy Suhr, Esq. BOULWARE LAW LLC 1600 Genessee Street, Suite 416 Kansas City, MO 64102 Phone: (816) 492-2826 Email: jeremy@boulware-law.com NEW PENN: Wins Bid to Deny Mattson Class Certification Bid ---------------------------------------------------------- In the class action lawsuit captioned as ERIK MATTSON, v. NEW PENN FINANCIAL, LLC, Case No. 3:18-cv-00990-YY (D. Or.), the Hon. Judge Marco A. Hernandez entered an order granting the Defendant's motion to deny class certification. Magistrate Judge Youlee Yim You issued a Findings and Recommendation on October 12, 2023, in which she recommends that this Court grant Defendant's Motion to Deny Class Certification. The Court has considered Plaintiff's objections and concludes that there is no basis to modify the Findings and Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge's Findings and Recommendation. New Penn is a nationwide lender of mortgage products. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3U1K7vD at no extra charge.[CC] NEW YORK: Faces Hui Juan Wu Wage-and-Hour Class Suit in E.D.N.Y. ---------------------------------------------------------------- HUI JUAN WU, LI QING CHENG, YUNG FANG ZHANG, HE JIN LI, XIU ZHEN QIU, LENA JUNG, BAO YUN PAN, XUE QIN ZHENG, and SHU ZHEN LIU, on behalf of themselves and all others similarly situated, Plaintiffs v. NEW YORK HEALTH CARE, INC., Defendant, Case No. 1:24-cv-00288 (E.D.N.Y., January 13, 2024) is a class action against the Defendant for violation of the Fair Labor Standards Act and the New York Labor Law including failure to pay minimum wages, failure to pay overtime wages, failure to pay for all hours worked, failure to pay wages promptly, failure to pay wages timely, Wage Parity Law violations, failure to pay spread of hours pay, and failure to provide wage notices and wage statements. The Plaintiffs worked for the Defendant as home health aides at any time between 2011 and 2021. New York Health Care, Inc. is a home health care service provider, with its principal place of business at 33 West Hawthorne Avenue, 3rd Floor, Valley Stream, 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 E-mail: michael@thesamuellawfirm.com OAK RIDGE: Hoipkemier Sues Over Fraudulent Investment Scheme ------------------------------------------------------------ ADAM HOIPKEMIER; and KEVIN EPPS, individually and on behalf of all others similarly situated, Plaintiff v. DUANE V. MILLER; ERIC MACLEOD; OAK RIDGE PROJECT MANAGEMENT, LLC; and MONTEAGLE-OAK RIDGE FUND, LLC, Defendant, Case No. 24CV000341 (Ga. Super., Fulton Cty., Jan. 8, 2024) alleges violation of the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the class action involves securities fraud, common law fraud, and racketeering by Miller as the sponsor and organizer of an unregistered securities offering by the Monteagle-Oak Ridge Fund, LLC (the "Fund"). To conceal their scheme, Miller and MacLeod conspired to hide a federal criminal tax investigation from investors and altered or participated in the alteration of Fund documents. Despite the materiality of the criminal tax investigation, MacLeod and Miller did not disclose the existence of the investigation to investors in the Fund. With no knowledge that anything was amiss, Plaintiffs and investors in the Fund claimed charitable tax deductions allocated to the Fund on their personal tax returns that Miller and MacLeod knew or should have known would be disallowed on audit by the Internal Revenue Service. But for the Defendants' misrepresentations and omissions, the Plaintiffs would not have invested in the Fund and would not have claimed the purported tax benefits generated by their investment in the Fund. As a direct result of investing in the Fund and claiming the charitable deductions on his personal tax return, the Plaintiffs suffered injuries in that he made an apparently worthless investment in the Fund and has incurred back taxes, penalties, and interest with the IRS based on the notice of assessment, says the suit. OAK RIDGE PROJECT MANAGEMENT, LLC is engaged in servicing open-end mutual funds that allow shareholders to access a variety of investment strategies. The Company also provides advisory and administrative services. [BN] The Plaintiff is represented by: Tyler M. Gaines, Esq. EPPS, HOLLOWAY, DELOACH & HOIPKEMIER, LLC 1220 Langford Drive Building 200-101 Watkinsville, GA 30677 Telephone: (706) 508-4000 Email: tyler@ehdhlaw.com PAYCOM SOFTWARE: Caloto Suit Transferred to W.D. Oklahoma --------------------------------------------------------- The case captioned as Chris H. Caloto, Individually and on Behalf of All Others Similarly Situated v. Paycom Software, Inc., Chad Richison, Craig E. Boelte, Case No. 1:23-cv-11086 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Western District of Oklahoma on Jan. 8, 2023. The District Court Clerk assigned Case No. 5:24-cv-00019-F to the proceeding. The nature of suit is stated as Securities/Commodities. Paycom Software, Inc. -- http://www.paycom.com/-- known simply as Paycom, is an American online payroll and human resource software provider based in Oklahoma City, Oklahoma with offices throughout the United States.[BN] The Plaintiff is represented by: Samuel H. Rudman, Esq. Mary Katherine Blasy, Esq. ROBBINS GELLER RUDMAN & DOWD LLP-NEW YORK 58 S Service Rd., Suite 200 Melville, NY 11747 Phone: (631) 367-7100 Fax: (631) 367-1173 Email: srudman@rgrdlaw.com PERRY JOHNSON: Fails to Safeguard Patients' Info, Sullivan Says --------------------------------------------------------------- CAITLIN SULLIVAN, on behalf of herself and all others similarly situated, Plaintiff v. PERRY JOHNSON & ASSOCIATES, INC. and NORTHWELL HEALTH, INC., Defendants, Case No. 2:24-cv-10098-GCS-EAS (E.D. Mich., January 12, 2024) is a class action against the Defendants for negligence, negligence per se, breach of implied contract, breach of fiduciary duty, invasion of privacy, promissory estoppel, unjust enrichment, and declaratory and injunctive relief. The case arises from the Defendants' failure to properly secure and safeguard personally identifiable information and protected health information of the Plaintiff and similarly situated patients stored within Defendant Perry Johnson & Associates' network servers following a data breach on March 27, 2023. The Defendants also failed to timely notify the Plaintiff and similarly situated patients about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. Perry Johnson & Associates, Inc. is a provider of health information technology solutions based in Troy, Michigan. Northwell Health, Inc. is a healthcare organization that provides comprehensive health care in New York. [BN] The Plaintiff is represented by: E. Powell Miller, Esq. Emily E. Hughes, Esq. MILLER LAW FIRM 950 W. University Drive, Suite 300 Rochester, MI 48307 Telephone: (248) 791-9813 Facsimile: (248) 652-2852 E-mail: epm@millerlawpc.com eeh@millerlawpc.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 PINK TACO: Williams Sues Over Unpaid Wages for Restaurant Staff --------------------------------------------------------------- JONATHAN WILLIAMS, individually and on behalf of all others similarly situated, Plaintiff v. PINK TACO LOS ANGELES, LLC and DOES 1 through 25, inclusive, Defendants, Case No. 24STCV00915 (Cal. Super., Los Angeles Cty., January 11, 2024) is a class action against the Defendants for violations of the California Labor Code and the California's Business and Professions Code including failure to pay minimum wages, failure to pay overtime wages, failure to provide required meal periods, failure to provide required rest periods, failure to pay timely wages during employment, conversion, failure to pay final wages due to discharged and quitting employees, failure to furnish accurate wage statements, failure to reimburse necessary expenditures, and unfair and unlawful business practices. The Plaintiff was employed by the Defendants as a host in Los Angeles County, California from October 2021 through approximately April 2023. Pink Taco Los Angeles, LLC is a Mexican restaurant company located in California. [BN] The Plaintiff is represented by: Jonathan M. Genish, Esq. Barbara DuVan-Clarke, Esq. Alexander K. Spellman, Esq. P.J. Van Ert, Esq. BLACKSTONE LAW, APC 8383 Wilshire Boulevard, Suite 745 Beverly Hills, CA 90211 Telephone: (310) 622-4278 Facsimile: (855) 786-6356 E-mail: jgenish@blackstonepc.com BDC@blackstonepc.com aspellman@blackstonepc.com pjvanert@blackstonepc.com PLATINUM SECURITY: Smith Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Platinum Security, Inc. The case is styled as Lameshia Smith, on behalf of herself and all others similarly situated, and on behalf of the general public v. Platinum Security, Inc., Case No. STK-CV-UOE-2024-0000198 (Cal. Super. Ct., San Joaquin Cty., Jan. 8, 2024). The case type is stated as "Unlimited Civil Other Employment." Platinum Security, Inc. -- https://www.platinumsecurity.com/ -- provide quality security services with operations throughout the state of California and in Las Vegas, Nevada.[BN] The Plaintiff is represented by: Roman Otkupman, Esq. OTKUPMAN LAW FIRM, ALC 28632 Roadside Dr, Ste 203 Agoura Hills, CA 91301-6015 Phone: (818) 293-5623 Fax: (888) 850-1310 Email: roman@OLFLA.com PRO CUSTOM: Niemczyk Must Serve Class Certification Bid by April 5 ------------------------------------------------------------------ In the class action lawsuit captioned as NIEMCZYK, v. PRO CUSTOM SOLAR, Case No. 2:19-cv-07846-ES-MAH (D.N.J.), the Hon. Judge Michael A. Hammer entered an order as followsz: -- Plaintiff to serve, but not file, their motion April 5, 2024 For class certification: -- The Defendant to serve, but not file, its May 31, 2024 Opposition to the motion for class Certification: -- The Plaintiffs' reply in support of class June 28, 2024 Certification and all previous briefing to Be filed: Pro Custom provides renewable energy services. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3Hlj4ny at no extra charge.[CC] PRO CUSTOM: Walters Must Serve Class Certification Bid by April 5 ----------------------------------------------------------------- In the class action lawsuit captioned as WALTERS et al., v. PRO CUSTOM SOLAR LLC, Case No. 2:22-cv-00247-ES-MAH (D.N.J.), the Hon. Judge Michael A. Hammer entered an order as follows: -- Plaintiff to serve, but not file, their motion April 5, 2024 For class certification: -- The Defendant to serve, but not file, its May 31, 2024 Opposition to the motion for class Certification: -- The Plaintiffs' reply in support of class June 28, 2024 Certification and all previous briefing to Be filed: Pro Custom provides renewable energy services. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/48FBICM at no extra charge.[CC] QUICK BOX: Bid to File Documents Under Seal OK'd in Tan Class Suit ------------------------------------------------------------------ In the class action lawsuit captioned as LEANNE TAN, v. QUICK BOX, LLC, et al., Case No. 3:20-cv-01082-LL-DDL (S.D. Cal.), the Hon. Judge Linda Lopez entered an order: (1) granting motion to remove incorrectly filed documents and to re-file documents under seal; (2) granting motion to file documents under seal; and (3) denying motion to remove incorrectly filed documents and to re-file documents under seal as moot. The Court finds that the Defendants have shown compelling reasons to support the sealing of the material related to the internal MasterCard report that outlines MasterCard's FMP service provider review. Courts have found that a party's privacy interest in such business records outweighs the public's interest in access. Quick Box is a Business-to-Business (B2B) company offering last-mile delivery. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/3U12qAY at no extra charge.[CC] ROBERT LUNA: Filing for Class Certification Bid Extended to May 1 ----------------------------------------------------------------- In the class action lawsuit captioned as KEVIN STEWART and JUAN CARLOS VAZQUEZ, on behalf of themselves and others similarly situated, v. ROBERT LUNA, SHERIFF, et al., Case No. 2:23-cv-04641-ODW-PD (C.D. Cal.), the Hon. Judge Otis D. Wright II entered an order granting stipulation to extend time for hearing motions to amend pleadings or add parties and for filing motion for class certification. -- The time for hearing motions to amend pleadings or to add parties is extended to February 29, 2024, and the time to file motions for class certification is extended to May 1, 2024. A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/47xiPjL at no extra charge.[CC] ROMOLO CHOCOLATES: Settles Unpaid Wage Class Suit for $280,000 -------------------------------------------------------------- Ed Palattella of Go Erie reports that an Erie chocolatier has agreed to pay $280,000 to end a class-action lawsuit that claimed the company regularly underpaid as many as 181 hourly workers for three years, ending in September 2022. The settlement, reached in U.S. District Court in Erie, requires Romolo Chocolates Inc. and its owner, Anthony Stefanelli, to compensate the employees for what the suit claimed were wages that went unpaid between July 25, 2019, and September 1, 2022. The gross payments are estimated to average $463 per class member, with the highest estimated gross payment at $2,221 and the lowest at an estimated $14, according to court records. The settlement checks are to compensate the class members for approximately 10 minutes of unpaid time per shift, accounting for the regular and overtime rates of pay for each class member, according to court records. Among the claims were that employees were not be paid for attending meetings before their shifts started in the morning -- the lawsuit describes such occurrences as "pre-shift off-the-clock work" -- and that they were not paid for other time they were on the clock. The number of participating class members stood at 176 as of mid-December, but the court records show that number could change by the time all the payments are distributed. Based on the two-year period that the settlement covers, some of the individuals would now be former employees, but some could also be current employees. Not all of the $280,000 will be distributed to members of the class. Included in the deal is a deduction of $93,333 for attorney's fees -- 33% of the total amount of the settlement -- and deductions of $2,413 for litigation costs and $7,500 for the claims administrator, according to court records. The records list the final settlement amount to be distributed to the class members as $174,254. The records also show that any of the money that is unable to be distributed to the class members will be returned to Romolo Chocolates. Romolo Chocolates admits no liability with settlement Romolo Chocolates Inc., 1515 W. Eighth St., and Stefanelli were the only defendants in the case. They denied any wrongdoing. They were prepared to argue, among other things, that they properly paid all the workers in accordance with the federal Fair Labor Standards Act and the Pennsylvania Minimum Wage Act and that the way the class-action claims were structured was incompatible with the law. The settlement does not represent an admission of liability, according to the settlement agreement detailed in court records. Romolo Chocolates and Stefanelli agreed to the deal because they "have concluded that any further defense of this litigation would be protracted, uncertain and expensive for all Parties," according to a joint motion to settle the case. "Unless this settlement is made, Defendants will need to devote substantial amounts of time, energy and resources to the defense of the claims." The lawyer for Romolo Chocolates and Stefanelli, Arthur Martinucci, declined to comment beyond what is in the court filings. The lawyer who signed the settlement agreement on behalf of the class members, Eric Sands, of a law firm in Jersey City, New Jersey, did not respond to an email about the case. The settlement agreement requires that lawyers for both parties "shall respond to any media inquiries by saying that they are pleased that the matter has been amicably resolved, with no further comment." Lead plaintiff in class-action suit made $16 an hour The lead plaintiff in the case was Melissa Parmenter, a former employee who sued on behalf of herself and other employees in a similar situation. She worked at Romolo Chocolates as an hourly production worker from September 2021 through May 2022, according to the lawsuit. She made $16 an hour. As part of the settlement, she will receive, in addition to payment for lost wages, an incentive award of $2,500 in recognition of the time she spent on the case as the representative of the class, according to court records. Parmenter claimed that she and other hourly employees regularly worked more than 40 hours a week but were not paid for all the time they worked over the 40 hours, according to the lawsuit. She claimed that Romolo Chocolates "implemented a company-wide policy requiring hourly-paid employees to attend daily morning meetings and did not compensate hourly-paid employees for this time," according to the suit. Parmenter also claimed, according to the suit, that "hourly-paid employees were not paid for morning meetings even when they were clocked in before the meetings took place" and that "hourly-paid employees were not paid for all time worked (past) the end of their scheduled shifts, even when they remained clocked in at the end of their shifts." Parmenter claimed that she complained to management "about being shorted pay" but that Romolo Chocolates "failed to compensate Plaintiff for all hours worked." [GN] SAVISTA LLC: Fails to Pay Proper Wages, Evans Alleges ----------------------------------------------------- EIONSHAFAE EVANS, individually and on behalf of all others similarly situated, Plaintiff v. SAVISTA, LLC, Defendant, Case No. 1:24-cv-00106-MLB (N.D. Ga., Jan. 9, 2024) 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 Evans was employed by the Defendant as a call center representative. SAVISTA, LLC is a revenue cycle management that provides operational transformation services to acute and ambulatory facilities and systems. [BN] The Plaintiff is represented by: Jeffrey B. Sand, Esq. Andrew L. Weiner, Esq. WEINER & SAND LLC 800 Battery Avenue SE Suite 100 Atlanta, GA 30339 Telephone: (404) 205-5029 Facsimile: (866) 800-1482 Email: js@wsjustice.com aw@wsjustice.com - and - Jason J. Thompson, Esq. Paulina R. Kennedy, Esq. SOMMERS SCHWARTZ, P.C. 141 E. Michigan Avenue, Suite 600 Kalamazoo, MI 49007 Telephone: (269) 250-7501 Email: jthompson@sommerspc.com pkennedy@sommerspc.com SEE INC: Liz Files ADA Suit in S.D. New York -------------------------------------------- A class action lawsuit has been filed against See, Inc. The case is styled as Pedro Liz, on behalf of himself and all others similarly situated v. See, Inc., Case No. 1:24-cv-00127 (S.D.N.Y., Jan. 8, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. SEE -- https://seeeyewear.com/ -- remains the "go to" locale for eyewear aficionados looking for the closest thing to custom eyeglass or sunglass frames to buy online.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: (516) 287-3458 Email: glevy@glpcfirm.com SISTINA RESTAURANT: Fails to Pay Bussers' Overtime, Zhinin Alleges ------------------------------------------------------------------ LUIS ZHININ, on behalf of himself and all others similarly situated, Plaintiff v. SISTINA RESTAURANT INC., d/b/a SISTINA, CARAVAGGIO, INC., d/b/a CARAVAGGIO, and GUIESEPPE BRUNO, Defendants, Case No. 1:24-cv-00288 (S.D.N.Y., January 12, 2024) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law. The Plaintiff was hired by the Defendants as a busser at Sistina restaurant, located at 24 E. 81st Street New York, New York from May 2023 until in or around October 2023. Sistina Restaurant Inc., doing business as Sistina, is a restaurant company based in New York, New York. Caravaggio, Inc., doing business as Caravaggio, is a restaurant company based in New York, New York. [BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 STRYKER CORP: Floyd's Bid to Certify Collective Partly OK'd ----------------------------------------------------------- In the class action lawsuit captioned as ANGELITA FLOYD, v. STRYKER CORPORATION, Case No. 3:22-cv-01131-B (N.D. Tex.), the Hon. Judge Jane J. Boyle entered an order granting in part and denying in part Floyd's motion to certify a collective. Specifically, the Court: grants Floyd's request to certify a collective but narrows it to employees who worked for Stryker in the last three years; denies Floyd's request to toll the statute of limitations; ORDERS a 60-day notice period and for Floyd to file an updated notice form with the Court within seven days of the Order; and Orders Stryker to provide Floyd with a file containing the contact information of all putative class members within 14 days of this Order. Therefore, the fact that Stryker paid many of the opt-ins overtime and did so in differing amounts does not affect the outcome of this Motion. In sum, Stryker offered no affirmative defenses that were individual to some of the CSRs and the question of whether Stryker had knowledge of the off-the-clock work is not too individualized to prevent the case from proceeding collectively. Therefore, the Court finds that the defenses available to Stryker factor also weighs in favor of certification. The case is a Fair Labor Standards Act ("FLSA") case arising out of Floyd's employment with Defendant Stryker. Floyd brings this lawsuit on behalf of herself and all others similarly situated, alleging that she and other Stryker employees "engaged in off-the-clock work or time worked that was not recorded and not compensated." Floyd seeks to certify the following collective: "All persons employed by Defendant Stryker Corporation at its Flower Mound, Texas Facility as Senior Team Members, Customer Service, and Team Members, Customer Service who worked at any time from March 1, 2020, to present and were not compensated one and a half times their regular hourly rate for all hours worked in excess of 40 hours per workweek." Accordingly,, the Court certifies the following collective: All persons employed by Defendant Stryker Corporation at its Flower Mound, Texas Facility as "Senior Team Members, Customer Service," and "Team Members, Customer Service" who worked at any time from January 2, 2021, to present and were not compensated one and a half times their regular hourly rate for all hours worked in excess of 40 hours per workweek." Stryker is a "medical technologies corporation based in Kalamazoo, Michigan." A copy of the Court's memorandum opinion and order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/4aZaw3q at no extra charge.[CC] TOP SMOKES: Sanchez Suit Seeks Forklift Operators' Unpaid Wages --------------------------------------------------------------- OSMAN SANCHEZ, individually and on behalf of all others similarly situated, Plaintiff v. TOP SMOKES INC., MICHAEL FELDMAN, TYLER FELDMAN, and ALEN LONCAREVIC, Defendants, Case No. 1:24-cv-00224 (S.D.N.Y., January 11, 2024) 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 minimum wages, failure to pay overtime wages, and failure to provide accurate wage statements. The Plaintiff worked for the Defendants as a forklift operator in Bronx, New York from approximately May 2022 until December 2023. Top Smokes Inc. is a wholesale company based in Bronx, New York. [BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 TRANSHUMANCE HOLDING: Faces Bailey Class Action Suit in Cal. Super. ------------------------------------------------------------------- A class action lawsuit has been filed against TRANSHUMANCE HOLDING COMPANY, INC., A CALIFORNIA CORPORATION, et al. The case is captioned as BAILEY, et al. v. TRANSHUMANCE HOLDING COMPANY, INC., A CALIFORNIA CORPORATION, et al., Case No. 24CV000141 (Cal. Super., Jan. 5, 2024). The case is assigned to the Hon. Judge Richard K. Sueyoshi. Transhumance operates as a lamb company. The Company produces and markets lamb.[BN] US BANK NATIONAL: Aguilar Suit Removed to C.D. California --------------------------------------------------------- The case captioned as America Aguilar, Alexis Bell, Dina Ward, Lakyra Turner, and Jonathan Plinker, as individuals, on behalf of themselves and all others similarly situated v. U.S. BANK NATIONAL ASSOCIATION, a national association; U.S. BANCORP INVESTMENTS, INC., a Delaware corporation, and DOES 1 through 100, inclusive, Case No. 23STCV28855 was removed from the Superior Court of the State of California for the County of Los Angeles, to the U.S. District Court for the Central District of California on Jan. 8, 2024, and assigned Case No. 2:24-cv-00154. The Complaint in the State Action asserts two causes of action: violation of California Civil Code and violation of California Business and Professions Code (the "UCL").[BN] The Defendants are represented by: Deborah Yoon Jones, Esq. Omar A. Morquecho, Esq. Brooke H. Bolender, Esq. ALSTON & BIRD LLP 350 South Grand Avenue, 51st Floor Los Angeles, CA 90071 Phone: 213-576-1000 Facsimile: 213-576-1100 Email: debbie.jones@alston.com omar.morquecho@alston.com brooke.bolender@alston.com VENTURE HR SERVICES: Brooks Suit Removed to C.D. California ----------------------------------------------------------- The case captioned as Keith Brooks, an individual, on behalf of himself and all others similarly situated and as a private attorney general pursuant to the Private Attorneys General Act v. Venture HR Services LLC, Center Staffing Network LLC, Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas Inc., and Does 1 through 10, Case No. CVRI2306455 was removed from the Superior Court of the State of California, County of Riverside, to the U.S. District Court for the Western District of Washington on Jan. 8, 2024, and assigned Case No. 5:24-cv-00041. The Complaint seeks damages and penalties for seven alleged causes of action: failure to pay compensation due; meal period violations; rest period violations; failure to pay wages timely upon termination; wage statement violations; violation of Cal. Business & Professions Code; and recovery of civil penalties pursuant to the California Private Attorney General Act.[BN] The Defendants are represented by: Carrie A. Gonell, Esq. Kimberli A. Diggs, Esq. MORGAN, LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, CA 92626-7653 Phone: +1.714.830.0600 Fax: +1.714.830.0700 Email: carrie.gonell@morganlewis.com kimberli.diggs@morganlewis.com VETERAN'S LOGISTICS: Wiley Sues Over Delivery Drivers' Unpaid OT ---------------------------------------------------------------- JAMES WILEY, individually and on behalf of all others similarly situated, Plaintiff v. VETERAN'S LOGISTICS LLC, Defendant, Case No. 1:24-cv-00303 (N.D. Ill., January 11, 2024) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act and the Illinois Minimum Wage Law. The Plaintiff was employed by the Defendant from May 2023 until October 2023. Veteran's Logistics LLC is a delivery service provider in Illinois. [BN] The Plaintiff is represented by: Douglas M. Werman, Esq. Maureen A. Salas, Esq. 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 – Ricardo J. Prieto, Esq. Melinda Arbuckle, Esq. WAGE AND HOUR FIRM 5050 Quorum Drive, Suite 700 Dallas, TX 75254 Telephone: (214) 489-7653 Facsimile: (469) 319-0317 E-mail: rprieto@wageandhourfirm.com marbuckle@wageandhourfirm.com VITAMIN SHOPPE: Heiting Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Anne Heiting, individually and on behalf of all others similarly situated v. VITAMIN SHOPPE INDUSTRIES LLC, a New Jersey Corporation; and DOES 1 through 25, inclusive, Case No. 23STCV16758 was removed from the Superior Court of the State of California for the County of Los Angeles, to the U.S. District Court for the Western District of Washington on Jan. 8, 2024, and assigned Case No. 2:24-cv-00163. This Complaint raised two causes of action: violations of the California Invasion of Privacy Act ("CIPA") and violations of the California Unauthorized Access to Computer Data Act ("CUCA").[BN] The Defendants are represented by: William A. Delgado, Esq. DTO LAW 601 South Figueroa Street, Suite 2130 Los Angeles, CA 90017 Phone: (213) 335-6999 Facsimile: (213) 335-7802 Email: wdelgado@dtolaw.com - and - Andrea L. Maddox, Esq. DTO LAW 2400 Broadway Street, Suite 200 Redwood City, CA 94063 Phone: (415) 630-4100 Facsimile: (415) 630-4105 Email: amaddox@dtolaw.com VOGUE RECOVERY: Underpays Behavioral Health Techs, Serpas Claims ---------------------------------------------------------------- DAYSI RAMIREZ SERPAS, individually and on behalf of all others similarly situated, Plaintiff v. VOGUE RECOVERY CALIFORNIA, LLC; CMJ RECOVERY CA LLC; and DOES 1 through 50 inclusive, Defendants, Case No. 24STCV00852 (Cal. Super., Los Angeles Cty., January 11, 2024) is a class action against the Defendants for violations of the California Labor Code and the California's Business and Professions Code including failure to pay minimum wages, failure to pay overtime wages, failure to provide required meal periods, failure to provide required rest periods, failure to properly pay accrued sick days, failure to pay timely wages during employment, failure to pay all wages due to discharged and quitting employees, failure to maintain required records, failure to furnish accurate wage statements, failure to reimburse necessary expenditures, and unfair and unlawful business practices. The Plaintiff was employed by the Defendants as a Behavioral Health Tech at 5726 Case Ave., North Hollywood, California from approximately April 26, 2023 to approximately July 07, 2023. Vogue Recovery California, LLC is an addiction treatment center in Los Angeles, California. CMJ Recovery CA LLC is a substance abuse rehabilitation center in California. [BN] The Plaintiff is represented by: Michael Elkin, Esq. Benjamin McLain, Esq. ELKIN | GAMBOA, LLP 4119 W. Burbank Blvd., Suite 110 Burbank, CA 91505 Telephone: (323) 372-1202 Facsimile: (323) 372-1216 E-mail: michael@elkingamboa.com ben@elkingamboa.com WILLIAM JAMES: All Fact Discovery Must be Completed by April 30 --------------------------------------------------------------- In the class action lawsuit captioned as Kevin De Henriquez, v. William James Bushell Corp., Case No. 1:23-cv-02990-LJL (S.D.N.Y.), the Hon. Judge Lewis J. Liman entered a case management plan and scheduling order as follows: -- Any motion to amend or to join additional Feb. 29, 2024 parties shall be filed no later than: -- All fact discovery is to be completed no April 30, 2024 later than: -- Initial requests for production of March 15, 2024 documents shall be served by: -- Interrogatories pursuant to Rule 33.3(a) March 15, 2024 of the Local Rules of the Southern District of New York shall be served by: -- Depositions shall be completed by: April 4, 2024 -- Requests to Admit shall be served March 15, 2024 no later than: -- All discovery shall be completed no April 30, 2024 later than: A copy of the Court's order dated Jan. 2, 2024 is available from PacerMonitor.com at https://bit.ly/47AOT6u at no extra charge.[CC] WITH YOU: Faces Saunders ADA Class Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against With You E-Commerce, LLC. The case is captioned as Saunders v. With You E-Commerce, LLC, Case No. 1:24-cv-00111 (S.D.N.Y., Jan. 5, 2024). The suit alleges violation of the Americans with Disabilities Act. With You E-Commerce, LLC, d/b/a JESSICASIMPSON.COM, is a California corporation, and provides to the public a website, https://www.jessicasimpson.com [BN] Plaintiff Michael Saunders, on behalf of himself and all others similarly situated, is represented by: Bennitta Lisa Joseph, Esq. JOSEPH & NORINSBERG, LLC 110 East 59th Street, Suite 3200 New York, NY 10022 Telephone: (212) 227-5700 Facsimile: (212) 406-6890 E-mail: bennittaj@gmail.com - and - Jon L. Norinsberg, Esq. JON L. NORINSBERG, ESQ., PLLC 110 East 59th Street, Suite 2300 New York, NY 10022 Telephone: (212) 791-5396 Facsimile: (212) 406-6890 E-mail: jon@norinsberglaw.com ZENLEADS INC: Court Tosses as Moot Bellanca Bid for Class Cert. ---------------------------------------------------------------- In the class action lawsuit captioned as Bellanca v. Zenleads, Inc., Case No. 1:23-cv-01094 (N.D. Ohio, Filed May 31, 2023), the Hon. Judge David A. Ruiz entered an order denying as moot the Plaintiff's motion for class certification. The nature of suit states Torts -- Personal Injury -- Other Personal Injury. ZenLeads is engaged in data intelligence and sales engagement platform.[CC] ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***