/raid1/www/Hosts/bankrupt/CAR_Public/240209.mbx
C L A S S A C T I O N R E P O R T E R
Friday, February 9, 2024, Vol. 26, No. 30
Headlines
9504 RESTAURANT: Underpays Restaurant Staff, Zavala Suit Alleges
ACG 3017: Fails to Properly Pay Restaurant Servers, Moore Alleges
ALLSTATE NORTHBROOK: Chavez Insurance Suit Seeks to Certify Class
ALLSTATE NORTHBROOK: Chavez Seeks to Certify Class
ALMOST FAMILY: Fails to Pay OT Wages to Nurses, Lamine Suit Says
ALOGENT HOLDINGS: Paweski Suit Moved From N.D. Ga. to D. Mass.
AMERICAN AIRLINES: Longobardi Sues Over Discriminatory Policy
AMERICAN GUARD: Higuera Sues Over Unlawful Labor Practices
AMI EXPEDITIONARY: Robinson Seeks Unpaid OT for Registered Nurses
ANCESTRY.COM LLC: Reply in Support of Class Cert Bid Due May 9
API INC: Filing for Class Certification Bid Due June 21
ARIZONA BEVERAGES: Trial Dates Vacated in Crawford Class Suit
ASHEVILLE, NC: Court Tosses Miall Bid for Class Certification
B. RILEY FINANCIAL: Faces Coan Suit Over 29% Drop of Stock Price
BLUE EVENTS: Watkinson Suit Seeks Event Planners' Unpaid Wages
BREWDOG BREWING: Faces Popp Wage-and-Hour Suit in S.D. Ohio
CEPHEID: Tekle Suit Seeks Unpaid Wages for Non-Exempt Employees
ELITE INTERACTIVE: Underpays Project Coordinators, Whitfield Says
LAGNIAPPE NATIONAL: Wilson Sues Over Community Managers' Unpaid OT
LAND'S END INC: Colak Files ADA Suit in E.D. New York
LIDL US: Underpays Store Clerks and Stockers, Santos Suit Claims
LOANDEPOT INC: Isaiah Sues Over Inadequate Data Security Measures
MAPLEBEAR INC: Stephens Sues Over 11.32% Decline of Stock Price
MONTELEONE PIZZA: Maggio Sues Over Failure to Pay Proper Wages
NATIONSTAR FINANCIAL: Matadi Files Suit in N.D. Texas
NATIONWIDE MUTUAL: Pulbrook Suit Removed to N.D. California
NETWORK TRUCKING: Jennings Files TCPA Suit in S.D. Florida
NO SUGAR COMPANY: Trammell Files Suit in S.D. California
OBAGI COSMECEUTICALS: Sookul Files ADA Suit in S.D. New York
PARAGON PRIVATE: AMA Files TCPA Suit in D. New Jersey
PENSKE LOGISTICS: Milam Sues Over Wage and Hour Violations
PERMIAN RESOURCES: These Paws Sues Over Oil Conspiracy
PHILZ COFFEE INC: Martinez Files Suit in Cal. Super. Ct.
PROGRESS SOFTWARE: George Suit Transferred to D. Massachusetts
PROGRESS SOFTWARE: Mendez Suit Transferred to D. Massachusetts
QUAKER OATS: Kessler Sues Over Products' Salmonella Contamination
QUIKRETE CALIFORNIA: Garcia Suit Removed to C.D. California
RAYMOUR'S FURNITURE: Colak Files ADA Suit in E.D. New York
RBVHSUNPK LLC: Colak Files ADA Suit in E.D. New York
REECE BUILDERS/WINDOWS: Bagnell Files Suit in S.D. Florida
REGINE RESTAURANTS: Martin Files ADA Suit in E.D. New York
RICHEMONT NORTH AMERICA: Gomberg Files ADA Suit in E.D. Pa.
RUST-OLEUM CORPORATION: Komkaran Files Suit in E.D. New York
S. CONGRESS FINE: Karim Files ADA Suit in S.D. New York
SABAH SHOES LLC: Colak Files ADA Suit in E.D. New York
SALMA INC: Torres Sues Over Unpaid Minimum and Overtime Wages
SHERWOOD MANAGEMENT: Trivers Sues Over Failure to Pay Compensations
SIKA AG: Artificially Inflated Prices for CCAs, Lucas Suit Claims
SINGING RIVER HEALTH: Williams Files Suit in S.D. Mississippi
SOFREH NYC LLC: Colak Files ADA Suit in E.D. New York
SUNTRUST BANKS: Randle Suit Seeks to Certify Settlement Class
T & T FARMS: Class Cert Bid Deadline Extended to March 19
T-MOBILE USA: Juarez Suit Removed to C.D. California
TAPESTRY INC: Filing of Class Cert Bid Extended to May 24
TARGET CORP: Class Cert Bid Filing in Montgomery Due August 5
TARGET CORPORATION: Bello Suit Removed to C.D. California
TERRY JOHNSON: Filing for Class Cert Bid Due Feb. 14
TWO JINN: Medina Suit Seeks to Certify Classes
WEBER TREE: Class Certification Filing in Escalona Due June 21
Asbestos Litigation
ASBESTOS UPDATE: Barretts Minerals to Mediate Ch. 11 Talc Liability
ASBESTOS UPDATE: J&J to Pay $700MM to Settle Talc Baby Powder Probe
*********
9504 RESTAURANT: Underpays Restaurant Staff, Zavala Suit Alleges
----------------------------------------------------------------
JOSSELINE ZAVALA, individually and on behalf of all others
similarly situated, Plaintiff v. 9504 RESTAURANT CORP (DBA RIKO),
WALTER DOE, and RITA BURGOS, Defendants, Case No. 1:24-cv-00558
(E.D.N.Y., January 25, 2024) is a class action against the
Defendants for in violation of the Fair Labor Standards Act and the
New York Labor Law including failure to pay minimum and overtime
wages, failure to provide notice at time of hiring, and failure to
provide accurate wage statements.
The Plaintiff worked from approximately March 2023 until July 2023
and then again from August 2023 until December 31, 2023. Her work
duties included a waitress but also did other tasks such as
customer service, cashier, bartender, and dishwasher.
9504 Restaurant Corp., doing business as Riko, is a restaurant
owner and operator in Queens, 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
ACG 3017: Fails to Properly Pay Restaurant Servers, Moore Alleges
-----------------------------------------------------------------
RYAN MOORE, individually and on behalf of all others similarly
situated, Plaintiff v. ACG 3017, L.P., d/b/a "IHOP," Defendant,
Case No. 4:24-cv-00061 (E.D. Tex., January 24, 2024) is a class
action against the Defendant for failure to pay appropriate minimum
wages in violation of the Fair Labor Standards Act.
The Plaintiff was employed as a server at the Defendant's
restaurant located in Frisco, Texas from October 2018 to April
2023.
ACG 3017, L.P. is an operator of a Franchise of restaurants known
as IHOP, located in Texas. [BN]
The Plaintiff is represented by:
Katherine Serrano, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
E-mail: kserrano@foresterhaynie.com
ALLSTATE NORTHBROOK: Chavez Insurance Suit Seeks to Certify Class
-----------------------------------------------------------------
In the class action lawsuit captioned as MINERVA CHAVEZ,
individually and on behalf of all others similarly situated, v.
ALLSTATE NORTHBROOK INDEMNITY COMPANY, Case No.
3:22-cv-00166-AJB-MMP (S.D. Cal.), the Plaintiff asks the Court to
enter an order
(1) Certifying a class of "All California residents who
purchased
personal automobile insurance from Allstate covering any
portion of the time period from March 1,2020 to June 11,
2021"
with respect to Count I of the Amended Complaint;
(2) Appointing Named Plaintiff Minerva Chavez as class
representative; and
(3) Appointing Nichols Kaster, PLLP, Stephan Zouras, LLP, and
Manfred, APC as class counsel.
This class action challenges Allstate's unfair application of
pre-pandemic auto insurance rates during the changed circumstances
of the COVID-19 pandemic.
The Plaintiff alleges that Allstate enjoyed excess revenue at the
expense of its policyholders due to the drastic, at times
government-mandated, reduction in driving resulting from COVID-19.
Although Allstate issued premium relief to its California
policyholders through its so-called "Shelter-in-Place Payback"
program, this was insufficient to remedy the excessive premiums
paid, the Plaintiff contends.
Allstate sold auto insurance.
A copy of the Plaintiff's motion dated Jan. 15, 2024 is available
from PacerMonitor.com at https://bit.ly/3SBrRIc at no extra
charge.[CC]
The Plaintiff is represented by:
Manfred Muecke, Esq.
MANFRED, APC
600 West Broadway, Suite 700
San Diego, CA 92101
Telephone: (619) 550-4005
Facsimile: (619) 550-4006
E-mail: mmuecke@manfredapc.com
- and -
Matthew H. Morgan, Esq.
Robert L. Schug, Esq.
Melanie A. Johnson, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center
80 S. 8th Street
Minneapolis, MN, 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: morgan@nka.com
schug@nka.com
mjohnson@nka.com
- and -
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
Teresa M. Becvar, Esq.
STEPHAN ZOURAS, LLP
222 West Adams Street, Suite 2020
Chicago, IL 60606
Telephone: (312) 233-1550
Facsimile: (312) 233-1560
E-mail: rstephan@stephanzouras.com
jzouras@stephanzouras.com
tbecvar@stephanzouras.com
ALLSTATE NORTHBROOK: Chavez Seeks to Certify Class
--------------------------------------------------
In the class action lawsuit captioned as MINERVA CHAVEZ,
individually and on behalf of all others similarly situated, v.
ALLSTATE NORTHBROOK INDEMNITY COMPANY, Case No.
3:22-cv-00166-AJB-MMP (S.D. Cal.), the Plaintiff asks the Court to
enter an order granting amended notice of motion and motion for
class certification pursuant to Fed. R. Civ. P. 23.
Specifically, the Plaintiff requests that the Court enter an order:
(1) Certifying a class of "All California residents who
purchased
Personal automobile insurance from Allstate covering any
portion of the time period from March 1, 2020 to June 11,
2021"
with respect to Count I of the Amended Complaint (ECF No.
34);
(2) Appointing Named Plaintiff Minerva Chavez as class
representative; and
(3) Appointing Nichols Kaster, PLLP, Stephan Zouras, LLP, and
Manfred, APC as class counsel.
The class action challenges Allstate's unfair application of
pre-pandemic auto insurance rates during the changed circumstances
of the COVID-19 pandemic.
The Plaintiff alleges that Allstate enjoyed excess revenue at the
expense of its policyholders due to the drastic, at times
government-mandated, reduction in driving resulting from COVID-19.
Although Allstate issued premium relief to its California
policyholders through its so-called "Shelter-in-Place Payback"
program, this was insufficient to remedy the excessive premiums
paid.
Ms. Chavez contends that the case is well-suited for class
certification. She claims for breach of the covenant of good faith
and fair dealing can be resolved on a class-wide basis by examining
Allstate's uniform conduct through common proof.
The Plaintiff is a customer of Allstate. She purchased a California
auto insurance policy from Allstate for the period beginning on
October 26, 2019, and ending on April 26, 2020, for which
she paid a premium of $1,714.66.
Allstate Northbrook sells auto insurance in California.
A copy of the Plaintiff's motion dated Jan. 16, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=OGO7y4 at no extra
charge.[CC]
The Plaintiff is represented by:
Manfred Muecke, Esq.
MANFRED, APC
600 West Broadway, Suite 700
San Diego, CA 92101
Telephone: (619) 550-4005
Facsimile: (619) 550-4006
E-mail: mmuecke@manfredapc.com
- and -
Matthew H. Morgan, Esq.
Robert L. Schug, Esq.
Melanie A. Johnson, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center, 80 S. 8th Street
Minneapolis, MN, 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: morgan@nka.com
schug@nka.com
mjohnson@nka.com
- and -
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
Teresa M. Becvar, Esq.
STEPHAN ZOURAS, LLP
222 West Adams Street, Suite 2020
Chicago, IL 60606
Telephone: (312) 233-1550
Facsimile: (312) 233-1560
E-mail: rstephan@stephanzouras.com
jzouras@stephanzouras.com
tbecvar@stephanzouras.com
ALMOST FAMILY: Fails to Pay OT Wages to Nurses, Lamine Suit Says
----------------------------------------------------------------
ANGELA LAMINE, on behalf of herself and all others similarly
situated, Plaintiff v. ALMOST FAMILY PERSONAL CARE, LLC and LHC
GROUP, INC., Defendants, Case No. 24-cv-72 (E.D. Wis., Jan. 19,
2024) is a collective and class action brought pursuant to the Fair
Labor Standards Act and the Wisconsin's Wage Payment and Collection
Laws by Plaintiff for unpaid overtime compensation, liquidated
damages, costs, attorneys' fees, declaratory and/or injunctive
relief, and/or any such other relief the Court may deem
appropriate.
The complaint alleges that Defendants operated an unlawful
compensation system that deprived and failed to compensate
Plaintiff and all other current and former hourly-paid, non-exempt
employees for all hours worked and work performed each workweek,
including at an overtime rate of pay for each hour worked in excess
of 40 hours in a workweek.
The Plaintiff was hired into the position of Nurse working at
Defendants' direction in approximately the year 2019. She is still
currently employed by Defendants.
Almost Family Personal Care, LLC offers senior in-home care and
care for intellectually disabled individuals.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
ALOGENT HOLDINGS: Paweski Suit Moved From N.D. Ga. to D. Mass.
--------------------------------------------------------------
The case styled CHRISTINE PAWESKI, individually and on behalf of
all others similarly situated v. ALOGENT HOLDINGS, INC., Case No.
1:23-cv-05705, was transferred from the U.S. District Court for the
Northern District of Georgia to the U.S. District Court for the
District of Massachusetts on January 26, 2024.
The Clerk of Court for the District of Massachusetts assigned Case
No. 1:24-cv-10207-ADB to the proceeding.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and other similarly situated customers following a data breach
between May 30 and June 1, 2023. The Plaintiff brings claims for
negligence and negligence per se, and declaratory judgment.
Alogent Holdings, Inc. is a financial digitization and automation
services provider based in Peachtree Corners, Georgia. [BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Nicholas A. Colella, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
nickc@lcllp.com
- and -
Joseph P. Guglielmo, Esq.
SCOTT+SCOTT
ATTORNEYS AT LAW LLP
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
E-mail: jguglielmo@scott-scott.com
- and -
Brian C. Gudmundson, Esq.
ZIMMERMAN REED LLP
1100 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
E-mail: brian.gudmundson@zimmreed.com
- and -
Andrea R. Gold, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue NW #1010
Washington, DC 20006
Telephone: (202) 973-0900
E-mail: agold@tzlegal.com
AMERICAN AIRLINES: Longobardi Sues Over Discriminatory Policy
-------------------------------------------------------------
EDWARD LONGOBARDI, on behalf of himself and Class members similarly
situated, Plaintiff v. AMERICAN AIRLINES GROUP INC., Defendant,
Case No. 3:24-cv-00152-E (N.D. Tex., Jan. 19, 2024) arises from the
Defendant's discriminatory policy that negatively affects Plaintiff
and similarly situated employees with disabilities in violation of
the Americans with Disabilities Act.
According to the complaint, Plaintiff Longobardi, a gay man with
HIV, was discriminated against and removed from work as flight
attendant because of his ADA disability. Because of Plaintiff's HIV
status, he is at a higher risk of complications or death from
common illnesses. When Plaintiff contracts an illness, he must take
time off work to monitor his health. The Plaintiff's disability
required that he take intermittent ADA leaves as a reasonable
accommodation. He required multiple ADA accommodations in 2021, and
Defendant was no longer willing to give Plaintiff a reasonable
accommodation despite being able to. The Plaintiff was then
terminated in violation of the ADA, says the suit.
Accordingly, Plaintiff and the Class seek their wages, back pay,
front pay, emotional distress damages, punitive damages, attorneys'
fees, costs, expenses, and any and all other remedies available
under the law.
American Airlines Group Inc. is an American publicly traded airline
holding company headquartered in Fort Worth, Texas.[BN]
The Plaintiff is represented by:
Walker G. Harman, Jr., Esq.
THE HARMAN FIRM, LLP
824 Exposition Ave., Suite 8
Dallas, TX 75226
Telephone: (646) 248-2288
E-mail: wharman@theharmanfirm.com
AMERICAN GUARD: Higuera Sues Over Unlawful Labor Practices
----------------------------------------------------------
JUAN CARLOS HIGUERA, an individual, on behalf of himself and other
similarly aggrieved employees and the State of California,
Plaintiff v. AMERICAN GUARD SERVICES, INC., a California
Corporation; and DOES 1-50, Defendants, Case No. 24STCV014S6 (Cal.
Super., Los Angeles Cty., Jan. 19, 2024) is a representative law
enforcement action brought by the Plaintiff under the California
Private Attorneys General Act of 2004, Labor Code Section 2698 et
seq., to recover civil penalties against Defendants arising from
their alleged unlawful labor practices.
The Plaintiff alleges the Defendants' failure to pay minimum and
overtime wages, meal period violations, failure to provide legally
compliant wage statements, failure to reimburse business expenses,
and failure to timely pay all wages upon cessation of employment.
The Plaintiff was employed by the Defendants in California as a
non-exempt hourly paid employee providing security services for
Defendants' clients from approximately October 21, 2019 through
January 16, 2023.
American Guard Services, Inc. is a California corporation with its
principal place of business in Gardena. The Company provides
security services to its clients in various industries.[BN]
The Plaintiff is represented by:
Dennis F. Moss, Esq.
Jeremy F. Bollinger, Esq.
Mariela I. de Loera Figueroa, Esq.
MOSS BOLLINGER LLP
15300 Ventura Blvd., Ste. 207
Sherman Oaks, CA 91403
Telephone: (310) 982-2984
Facsimile: (818) 963-5954
E-mail: dennis@mossbollinger.com
jeremy@mossbollinger.com
mariela@mossbollinger.com
AMI EXPEDITIONARY: Robinson Seeks Unpaid OT for Registered Nurses
-----------------------------------------------------------------
LAKEESHA ROBINSON, individually and on behalf of all others
similarly situated, Plaintiff v. AMI EXPEDITIONARY HEALTHCARE, LLC,
Defendant, Case No. 1:24-cv-00126 (E.D. Va., January 26, 2024) is a
class action against the Defendant for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
Ms. Robinson worked for AMI as a registered nurse in Louisiana from
approximately March 2021 through October 2021.
AMI Expeditionary Healthcare, LLC is a healthcare solutions
provider headquartered in Reston, Virginia. [BN]
The Plaintiff is represented by:
Harris D. Butler, III, Esq.
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
Samantha R. Galina, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
E-mail: harris@butlercurwood.com
craig@butlercurwood.com
zev@butlercurwood.com
samantha@butlercurwood.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
ANCESTRY.COM LLC: Reply in Support of Class Cert Bid Due May 9
--------------------------------------------------------------
In the class action lawsuit captioned as Wilson v. Ancestry.com LLC
et al., Case No. 2:22-cv-00861 (S.D. Ohio, Filed Feb. 21, 2022),
the Hon. Judge Edmund A. Sargus entered an order granting joint
motion to modify cheduling order.
-- Class Certification Motion and Class Feb. 8, 2024
Certification Expert Disclosures due by:
-- Opposition to Class Certification Motion April 8, 2024
and Class Certification Expert Disclosures
due by:
-- Reply in Support of Motion for Class May 9, 2024
Certification due by:
The nature of suit states Other Statutory Actions.
Ancestry.com is an American genealogy company.[CC]
API INC: Filing for Class Certification Bid Due June 21
-------------------------------------------------------
In the class action lawsuit captioned as STEWART v. A.P.I., INC.,
et al., Case No. 2:21-cv-01788 (W.D. Pa., Filed Dec. 8, 2021), the
Hon. Judge Cathy Bissoon entered an order granting the parties'
Joint Motion For Extension of Time to Complete ADR and Discovery,
as follows.
-- Mediation before Judge Benson will take March 13, 2024
place on or before:
-- All class certification discovery will be May 17, 2024
completed by:
-- The Plaintiff's motion for class June 21, 2024
certification, including all materials
in support thereof, is due by:
-- The Defendant's opposition papers are July 26, 2024
due by:
-- The Plaintiff's reply is due by: Aug. 16, 2024
-- All other provisions of the CMO
remain in effect.
he nature of suit states Other Labor Litigation.[CC]
ARIZONA BEVERAGES: Trial Dates Vacated in Crawford Class Suit
-------------------------------------------------------------
In the class action lawsuit captioned as Crawford v. Arizona
Beverages USA LLC, Case No. 3:22-cv-00220 (S.D. Ill., Filed Feb. 6,
2022), the Hon. Judge David W. Dugan entered an order granting
Consent Motion to Continue Trial:
-- The Trial set for April 8, 2024 and the Final Pretrial
Conference set for March 28, 2024 are vacated.
-- The Court will schedule a new trial date and final pretrial
conference, if necessary, following resolution of the pending
Motion for Summary Judgment and Motion for Class
Certification.
The nature of suit states Torts -- Personal Property --
Diversity-Fraud.
Arizona Beverages is a producer of many flavors of iced tea, juice
cocktails, and energy drinks.[CC]
ASHEVILLE, NC: Court Tosses Miall Bid for Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as JOHN P. MIALL, ROBYN HITE,
DAVID SHAW, DANIE JOHNSON, and WILLA GRANT, v. CITY OF ASHEVILLE,
DEBRA CAMPBELL, and ESTHER MANHEIMER, Case No. 1:23-cv-00259-MR-WCM
(W.D.N.C.), the Hon. Judge Martin Reidinger entered an order
denying the Plaintiffs' motion for class certification.
In essence, the Plaintiffs argue that the demographic criteria
required for applicants to the the Human Relations Commission
(HRCA) has an adverse impact on potentially all nonminority
residents of Asheville. However, the "'mere existence' of a
potential harm is not enough to justify class certification; actual
injury to each class member must be shown."
The Plaintiffs initiated this action on Sept. 5, 2023, seeking,
among other relief, a declaratory judgment under the Declaratory
Judgment Act, 28 U.S.C. section 2201, that the Defendants City of
Asheville, Debra Campbell, individually and in her official
capacity as City Manager of the City of Asheville, and Esther
Manheimer, individually and in her official capacity as Mayor of
the City of Asheville have and are employing illegal discriminatory
policies and procedures on the basis of race in creating and
administering a city advisory Board.
The Plaintiffs are white residents of Asheville, North Carolina,
who have exhibited a desire to serve" on the Defendant City's
volunteer advisory board, the HRCA.
In 2018, the Defendants created the HRCA to "promote and improve
human relations and achieve equity among all citizens in the city
by carrying out the city's human relations program."
The Plaintiffs propose this class under the theory that the number
of applications received for the HRCA from known nonminority
applicants does not account for all the would-be applicants who
would have applied for the HRCA had the Defendant City not
advertised its race-based preferences.
They further contend that, because 77.5% of Asheville residents
are white and non-Hispanic, it would be "impracticable" to contact
all these residents to inquire if they would have applied for the
HRCA but for the challenged policy.
Asheville is a city in western North Carolina's Blue Ridge
Mountains. It's known for a vibrant arts scene and historic
architecture.
A copy of the Court's order dated Jan. 16, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=NR0em8 at no extra
charge.[CC]
B. RILEY FINANCIAL: Faces Coan Suit Over 29% Drop of Stock Price
----------------------------------------------------------------
MIKE COAN, individually and on behalf of all others similarly
situated, Plaintiff v. B. RILEY FINANCIAL, INC., BRYANT RILEY, TOM
KELLEHER, and PHILLIP J. AHN, Defendants, Case No. 2:24-cv-00662
(C.D. Cal., January 24, 2024) is a class action against the
Defendants for violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
According to the complaint, the Defendants made materially false
and misleading statements regarding B. Riley's business,
operations, and prospects in order to trade B. Riley securities at
artificially inflated prices between May 10, 2023 and November 9,
2023. Specifically, the Defendants failed to disclose to investors
that: (1) that Brian Kahn had been credibly implicated in a
conspiracy to defraud investors of millions of dollars; (2) that,
in spite of this involvement, B. Riley continued to finance the
transaction enabling Kahn and others to take FRG private through
complex arrangements; (3) that the foregoing was reasonably likely
to draw regulatory scrutiny to B. Riley; and (4) that, as a result
of the foregoing, the Defendants' positive statements about the
Company's business, operations, and prospects were materially
misleading and/or lacked a reasonable basis.
When the truth emerged, the Company's stock price fell $4.47, or 15
percent, to close at $25.60 per share on November 10, 2023, on
unusually heavy trading volume. The Company's stock price continued
to fall $4.59, or 14 percent, over the next consecutive trading
session to close at $22.01 per share on November 13, 2023, on
unusually heavy trading volume.
As a result of the Defendants' wrongful acts and omissions, which
caused the precipitous decline in the market value of the company's
securities, the Plaintiff and other Class members have suffered
significant damages, says the suit.
B. Riley Financial, Inc. is a financial services provider, with its
principal executive offices located in Los Angeles, California.
[BN]
The Plaintiff is represented by:
Robert V. Prongay, Esq.
Charles Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: rprongay@glancylaw.com
clinehan@glancylaw.com
prajesh@glancylaw.com
- and -
Frank R. Cruz, Esq.
THE LAW OFFICES OF FRANK R. CRUZ
2121 Avenue of the Stars, Suite 800
Century City, CA 90067
Telephone: (310) 914-5007
BLUE EVENTS: Watkinson Suit Seeks Event Planners' Unpaid Wages
--------------------------------------------------------------
AMANDA WATKINSON, individually and on behalf of all others
similarly situated, Plaintiff v. BLUE EVENTS & COMPANY LLC and
AMBERLEY ADAMS-THOMAS, Defendants, Case No. 1:24-cv-00089 (W.D.
Tex., January 25, 2024) is a class action against the Defendants
for failure to pay minimum and overtime wages in violation of the
Fair Labor Standards Act and breach of contract in violation of
Texas Common Law.
Ms. Watkinson was employed by the Defendants as an event planner in
Texas from March 2022 until October 2023.
Blue Events & Company LLC is a wedding and event planning company
based in Austin, Texas. [BN]
The Plaintiff is represented by:
Austin Kaplan, Esq.
Trenton Lacy, Esq.
KAPLAN LAW FIRM, PLLC
2901 Bee Cave Rd., Suite G
Austin, TX 78746
Telephone: (512) 553-9390
Facsimile: (512) 692-2788
E-mail: akaplan@kaplanlawatx.com
tlacy@kaplanlawatx.com
BREWDOG BREWING: Faces Popp Wage-and-Hour Suit in S.D. Ohio
-----------------------------------------------------------
JORDAN POPP, individually and on behalf of all others similarly
situated, Plaintiff v. BREWDOG BREWING COMPANY LLC, Defendant, Case
No. 2:24-cv-00338-EAS-KAJ (S.D. Ohio, January 26, 2024) is a class
action against the Defendant for failure to pay minimum wages in
violation of the Fair Labor Standards Act and Article II Section
34a of the Ohio Constitution.
The Plaintiff was employed as a server by the Defendant from
approximately May 2022 to August 2022.
Brewdog Brewing Company LLC is an owner and operator of a chain of
restaurants under the trade name BrewDog, located in Ohio. [BN]
The Plaintiff is represented by:
Jeffrey J. Moyle, Esq.
NILGES DRAHER LLC
1360 East 9th Street, Ste. 808
Cleveland, OH 44114
Telephone: (216) 230-2944
Facsimile: (330) 754-1430
E-mail: jmoyle@ohlaborlaw.com
- and -
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher St., N.W., Suite B
North Canton, OH 44720
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: hnilges@ohlaborlaw.com
CEPHEID: Tekle Suit Seeks Unpaid Wages for Non-Exempt Employees
---------------------------------------------------------------
FILMON TEKLE, individually and on behalf of all others similarly
situated, Plaintiff v. CEPHEID; and DOES 1 to 100, inclusive,
Defendants, Case No. 24CV061315 (Cal. Super., Alameda Cty., January
24, 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 authorize or permit meal periods,
failure to authorize or permit rest breaks, failure to provide
complete and accurate wage statements, failure to timely pay all
earned wages and final paychecks due at time of separation of
employment, and unfair business practices.
The Plaintiff worked as an hourly non-exempt employee from June 24,
2021 until December 15, 2023.
Cepheid is an American molecular diagnostics company based in
California. [BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
Jordan Bello, Esq.
Brett Szmanda, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Boulevard, Suite 200
Beverly Hills, CA 90211
Telephone: (310) 432-0000
Facsimile: (310) 432-0001
E-mail: jlavi@lelawfirm.com
vgranberry@lelawfirm.com
jbello@lelawfirm.com
bszmanda@lelawfirm.com
ELITE INTERACTIVE: Underpays Project Coordinators, Whitfield Says
-----------------------------------------------------------------
KAELA WHITFIELD, individually and on behalf of all others similarly
situated, Plaintiff v. ELITE INTERACTIVE SOLUTIONS, LLC and DOES 1
through 10, inclusive, Defendants, Case No. 24STCV01966 (Cal.
Super., Los Angeles Cty., January 24, 2024) is a class action
against the Defendants for violations of California Labor Code and
California's Business and Professions Code including failure to pay
minimum wages, failure to pay overtime wages, failure to provide
meal periods, failure to authorize and permit rest breaks, failure
to indemnify necessary business expenses, failure to timely pay
final wages at termination, failure to provide accurate itemized
wage statements, and unfair business practices.
The Plaintiff worked for the Defendants as a project coordinator
from approximately October 2022 to June 2023.
Elite Interactive Solutions, LLC is a security service company in
Los Angeles, California. [BN]
The Plaintiff is represented by:
Kane Moon, Esq.
Lilit Ter-Astvatsatryan, Esq.
Edwin Kamarzarian, Esq.
MOON LAW GROUP, PC
1055 W. Seventh St., Suite 1880
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: kmoon@moonlawgroup.com
lilit@moonlawgroup.com
ekamarzarian@moonlawgroup.com
LAGNIAPPE NATIONAL: Wilson Sues Over Community Managers' Unpaid OT
------------------------------------------------------------------
JORDAN WILSON, individually and on behalf of all others similarly
situated, Plaintiff v. LAGNIAPPE NATIONAL CONSTRUCTION, LLC,
Defendant, Case No. 9:24-cv-80095 (S.D. Fla., January 25, 2024) is
a class action against the Defendant for failure to pay overtime
wages in violation of the Fair Labor Standards Act.
Mr. Wilson worked for the Defendant as a community manager at job
sites in Florida from November 1, 2022 until December 15, 2023.
Lagniappe National Construction, LLC is a construction company,
with a principal place of business in Gulfport, Mississippi. [BN]
The Plaintiff is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, P.A.
300 N.W. 70th Avenue, Suite 305
Plantation, FL 33317
Telephone: (954) 617-6017
Facsimile: (954) 617-6018
E-mail: rob@floridawagelaw.com
LAND'S END INC: Colak Files ADA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Land's End, Inc. The
case is styled as Ali Colak, on behalf of himself and all others
similarly situated v. Land's End, Inc., Case No. 2:24-cv-00594
(E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lands' End -- https://www.landsend.com/ -- is a classic American
lifestyle brand with a passion for quality, legendary service &
real value.[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
LIDL US: Underpays Store Clerks and Stockers, Santos Suit Claims
----------------------------------------------------------------
SANDRA SANTOS, individually and on behalf of all others similarly
situated, Plaintiff v. LIDL US, LLC d/b/a LIDL, Defendant, Case No.
2:24-cv-00611 (E.D.N.Y., January 26, 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 York Labor
Law.
The Plaintiff was hired by the Defendant to work as a store clerk
and stocker in West Babylon, New York from July 2021 until November
21, 2021.
LIDL US, LLC, doing business as LIDL, is a family-owned business,
with a principal place of business address located at 3500 S. Clark
St., Arlington, Virginia. [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
LOANDEPOT INC: Isaiah Sues Over Inadequate Data Security Measures
-----------------------------------------------------------------
DAROYA ISAIAH, individually and on behalf of all others similarly
situated, Plaintiff v. LOANDEPOT, INC, Defendant, Case No.
8:24-cv-00136 (C.D. Cal., Jan. 19, 2024) is a class action brought
by the Plaintiff seeking injunctive relief and damages against
Defendant, individually and on behalf of all other persons whose
personal information was impacted by the data breach resulting from
loanDepot's inadequate data security procedures and practices.
On January 8, 2024, in a Form 8-K filing with the U.S. Securities
and Exchange Commission, loanDepot reported it "recently identified
a cybersecurity incident affecting certain of the Company's
systems." Because Defendant holds sensitive personal information
about its customers, and personally identifiable information
including social security numbers, and financial and bank account
information, Plaintiff and the Class have been placed in an
imminent and continuing risk of harm from fraud, identity theft,
and related harm caused by the data breach and should remain
vigilant for any signs of fraud or identity theft for the
indefinite future, says the suit.
As a result of Defendant's conduct, Plaintiff and the Class have
and will be required to continue to undertake time-consuming and
often costly efforts to mitigate the actual and potential harm
caused by the data breach. This includes efforts to mitigate the
breach's exposure of their PII, including by, among other things,
placing freezes and setting alerts with credit reporting agencies,
contacting financial institutions, closing, or modifying financial
accounts, reviewing, and monitoring credit reports and accounts for
unauthorized activity, changing passwords on potentially impacted
websites and applications, and requesting and maintaining accurate
records, the suit asserts.
loanDepot, Inc. is an Irvine, California-based nonbank holding
company which sells mortgage and non-mortgage lending
products.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Mona Amini, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
mona@kazlg.com
MAPLEBEAR INC: Stephens Sues Over 11.32% Decline of Stock Price
---------------------------------------------------------------
ANDY DEAN STEPHENS, individually and on behalf of all others
similarly situated, Plaintiff v. MAPLEBEAR INC. d/b/a INSTACART,
FIDJI SIMO, NICK GIOVANNI, ALAN RAMSAY, APOORVA MEHTA, JEFFREY
JORDAN, MEREDITH KOPIT LEVIEN, BARRY MCCARTHY, MICHAEL MORITZ, LILY
SARAFAN, FRANK SLOOTMAN, and DANIEL SUNDHEIM, Defendants, Case No.
5:24-cv-00465-EJD (N.D. Cal., January 25, 2024) is a class action
against the Defendants for violations of Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
According to the complaint, the Defendants made materially false
and misleading statements regarding Instacart's business,
operations, and prospects in connection with the Company's initial
public offering (IPO) conducted on or about September 19, 2023
and/or Instacart securities between September 19, 2023 and October
1, 2023. Specifically, the Offering Documents and the Defendants
made false and/or misleading statements and/or failed to disclose
that: (i) Instacart had overstated the extent to which online
grocery shopping and delivery habits among consumers were
accelerating; (ii) Instacart had downplayed the extent of the
competition that it faced in the online grocery shopping and
delivery market; (iii) accordingly, the Defendants overstated the
Company's post-IPO growth, business, and financial prospects; and
(iv) as a result, the Company's public statements were materially
false and misleading at all relevant times.
When the truth emerged, Instacart's stock price fell $0.65 per
share, or 2.12 percent, to close at $30.00 per share on September
22, 2023. Stock price continued to fall $2.73 per share, or 9.2
percent, to close at $26.96 per share on October 2, 2023.
As a result of the Defendants' wrongful acts and omissions, which
caused the precipitous decline in the market value of the company's
securities, the Plaintiff and other Class members have suffered
significant damages, says the suit.
Maplebear Inc., doing business as Instacart, is a provider of
online grocery shopping services, with principal executive offices
located at 50 Beale Street, Suite 600, San Francisco, California.
[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
MONTELEONE PIZZA: Maggio Sues Over Failure to Pay Proper Wages
--------------------------------------------------------------
DEBRA MAGGIO, individually and on behalf of others similarly
situated, Plaintiff v. MONTELEONE PIZZA CORP. and ANDREA BRIENZA,
Defendants, Case No. 1:24-cv-00437 (E.D.N.Y., Jan. 21, 2024) arises
from the Defendants' alleged unlawful labor practices in violation
of the Fair Labor Standards Act, the New York Labor Law, and the
New York State Wage Theft Prevention Act.
The complaint alleges the Defendants' failure to pay minimum wage,
regular wages, and overtime wages; failure to pay spread-of-hours
pay; failure to furnish written notice of wages; breach of
contract; unjust enrichment; and fraudulent inducement.
Plaintiff Maggio was a non-exempt employee of Defendant Monteleone
for approximately 19 years between January 1, 2005 through January
5, 2024.
Monteleone Pizza Corp. is a pizza company with principal place of
business in County of Queens, City of New York and State of New
York.[BN]
The Plaintiff is represented by:
Gary Rosen, Esq.
ROSEN LAW LLC
216 Lakeville Road
Great Neck, NY 11020
Telephone: (516) 437-3400
E-mail: grosen@rosenlawllc.com
NATIONSTAR FINANCIAL: Matadi Files Suit in N.D. Texas
-----------------------------------------------------
A class action lawsuit has been filed against Nationstar Financial,
Inc. The case is styled as Julien Matadi, individually and on
behalf of all others similarly situated v. Nationstar Financial,
Inc. doing business as: Mr Cooper, Mr. Cooper Group, Inc., Case No.
3:24-cv-00162-D (N.D. Tex., Jan. 22, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Nationstar Mortgage LLC, doing business as Mr. Cooper --
https://www.mrcooper.com/ -- offers mortgage services.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
NATIONWIDE MUTUAL: Pulbrook Suit Removed to N.D. California
-----------------------------------------------------------
The case captioned as Taylor Steven Pulbrook; Martin Kolkin;
Christian Adair Mays; Ebony Wallace; Thomas Drawdy; and Mackenzie
Loving, as individuals, on behalf of themselves and all others
similarly situated v. NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio
corporation; and DOES 1 through 100, inclusive, Case No. 23CV427954
was removed from the Santa Clara County Superior Court, to the U.S.
District Court for the Northern District of California on Jan. 25,
2024, and assigned Case No. 5:24-cv-00469-NC.
The Plaintiffs allege a single cause of action against Nationwide
for violation of California Civil Code. The Complaint alleges that
in order to "use and benefit from Nationwide's Site, visitors and
users of the Site are informed that they must agree to Nationwide's
[website's] Terms and Conditions of Use. (Specifically, Plaintiffs
allege that Nationwide requires users of the Site "to agree that
any comments, statements or materials made on or posted to the Site
'will not contain any content that is threatening, defamatory,
derogatory, counter to Nationwide's Privacy Policy, or otherwise
injurious to Nationwide or third parties.'"[BN]
The Defendants are represented by:
Joel D. Siegel, Esq.
Kelly R. Graf, Esq.
Paul M. Kakuske, Esq.
Pooja L Shah (Bar No. 330550)
DENTONS US LLP
601 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5704
Phone: (213) 623-9300
Fax: (213) 623-9924
Email: joel.siegel@dentons.com
Kelly.graf@dentons.com
paul.kakuske@dentons.com
pooja.l.shah@dentons.com
NETWORK TRUCKING: Jennings Files TCPA Suit in S.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Network Trucking Co.
Inc. The case is styled as John Jennings, individually and on
behalf of all others similarly situated v. Network Trucking Co.
Inc., Case No. 0:24-cv-60133-XXXX (S.D. Fla., Jan. 24, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Network Trucking, LLC -- https://networktruckingllc.com/ -- is a
trucking company in Elizabeth City North Carolina that provides
quality trucking services for clients of all kinds.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
NO SUGAR COMPANY: Trammell Files Suit in S.D. California
--------------------------------------------------------
A class action lawsuit has been filed against No Sugar Company LTD.
The case is styled as Collin Trammell, individually and on behalf
of all those similarly situated v. No Sugar Company LTD, Case No.
3:24-cv-00170-JO-BGS (S.D. Cal., Jan. 24, 2024).
The nature of suit is stated as Contract Product Liability.
No Sugar Company -- https://thenosugarcompany.com/ -- was the first
to make a delicious no sugar keto bar and are committed to
continually creating revolutionary no sugar products.[BN]
The Plaintiff is represented by:
Charles C. Weller, Esq.
11412 Corley Court
San Diego, CA 92126
Phone: (858) 414-7465
Fax: (858) 300-5137
Email: legal@cweller.com
OBAGI COSMECEUTICALS: Sookul Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Obagi Cosmeceuticals
LLC. The case is styled as Sanjay Sookul, on behalf of himself and
all others similarly situated v. Obagi Cosmeceuticals LLC, Case No.
1:24-cv-00608 (S.D.N.Y., Jan. 27, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Obagi -- https://www.obagi.com/ -- offers transformational skin
care products formulated to brighten, nourish, protect and enhance
skin tone and texture.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
PARAGON PRIVATE: AMA Files TCPA Suit in D. New Jersey
-----------------------------------------------------
A class action lawsuit has been filed against Paragon Private
Health, LLC. The case is styled as Advantage Medical Associates,
P.A., a New Jersey professional association, individually and as
the representative of a class of similarly-situated persons v.
Paragon Private Health, LLC, Signature Md, Inc., Case No.
3:24-cv-00441-MAS-RLS (D.N.J.., Jan. 24, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Paragon Private Health is a best-in-class provider of
concierge-type medical practice solutions helping physicians
successfully launch customized, concierge programs.[BN]
The Plaintiff is represented by:
Matthew Nicholas Fiorovanti, Esq.
GIORDANO HALLERAN & CIESLA PC
125 Half Mile, Suite 300
Red Bank, NJ 07701
Phone: (732) 741-3900
Email: mfiorovanti@ghclaw.com
PENSKE LOGISTICS: Milam Sues Over Wage and Hour Violations
----------------------------------------------------------
James Milam, individually and on behalf of all others similarly
situated v. Penske Logistics LLC; and Does 1 through 20, inclusive,
Case No. 2:24-at-00077 (E.D. Cal., Jan. 22, 2024), is brought
alleging that the Defendants have engaged in a systematic pattern
of wage and hour violations under the California Labor Code and
Industrial Welfare Commission ("IWC") Wage Orders, all of which
contribute to Defendants' deliberate unfair competition.
The Plaintiff is informed and believes, and thereon alleges, that
Defendants have increased their profits by violating state wage and
hour laws by, among other things: Failing to provide legally
compliant meal periods or compensation in lieu thereof; Failing to
provide legally compliant rest breaks or provide compensation in
lieu thereof; Failing to timely pay minimum, regular, and/or
overtime wages for all hours worked; Failing to provide accurate,
itemized wage statements; Failing to timely pay all final wages;
and Failure to maintain accurate records, says the complaint.
The Plaintiff was employed by Defendants as a Material Handler
during the Class Period in California.
Penske Logistics LLC is a Delaware corporation and provides supply
chain management and logistics solutions to leading brands around
the World, which provides employment to employees in
California.[BN]
The Plaintiff is represented by:
Jonathan M. Lebe, Esq.
Zachary Gershman, Esq.
LEBE LAW, APLC
777 S. Alameda Street, Second Floor
Los Angeles, CA 90021
Phone: (213) 444-1973
Email: Jon@lebelaw.com
Zachary@lebelaw.com
PERMIAN RESOURCES: These Paws Sues Over Oil Conspiracy
-------------------------------------------------------
These Paws Were Made for Walkin' LLC, on behalf of itself and all
others similarly situated v. PERMIAN RESOURCES CORP. f/k/a
CENTENNIAL RESOURCE DEVELOPMENT, INC.; CHESAPEAKE ENERGY
CORPORATION; CONTINENTAL RESOURCES INC.; DIAMONDBACK ENERGY, INC.;
EOG RESOURCES, INC.; HESS CORPORATION; OCCIDENTAL PETROLEUM
CORPORATION; and PIONEER NATURAL RESOURCES COMPANY, Case No.
2:24-cv-00164-GMN-NJK (D. Nev., Jan. 24, 2024), is brought arising
from Defendants' conspiracy to coordinate, and ultimately
constrain, domestic shale oil production.
The Defendants' conspiracy has had and continues to have the
purpose and effect of fixing, raising, and maintaining the price of
crude oil in and throughout the United States of America (and
worldwide).
The Defendants conspired with the Organization of the Petroleum
Exporting Countries ("OPEC"). As an international oil cartel, OPEC
believes it can avoid U.S. antitrust law because its members are
sovereign nations. Defendants agreed with OPEC to constrain
production of crude oil worldwide, with the purpose and effect of
fixing, raising, and maintaining the price of crude oil (and
therefore retail gasoline and retail diesel fuel prices) in and
throughout the United States of America (and worldwide). Defendants
are not sovereign nations. They are not immune from U.S. antitrust
law.
The Defendants' conspiracy had a massive impact on retail gas and
diesel prices. This is not a situation where Defendants slightly
raised prices by small amounts, and slowly accumulated millions of
dollars by cheating their customers here and there. The impact was
much larger.
The Plaintiff seeks to represent classes of persons and entities
that, like Plaintiff, paid artificially inflated prices for motor
vehicle fuel, gasoline or diesel, they purchased for commercial
use. Gasoline and diesel fuel are a major cost of businesses small
and large, from individually-owned dog walking and grooming
businesses to major long haul trucking businesses employing
thousands of drivers. Members of the Classes purchase millions of
gallons of gasoline and diesel for commercial use every day.
Running a business, especially one that depends on highly
cost-variable inputs like fuel, is difficult and risky under the
best of circumstances. Defendants have made, and continue to make,
it harder, violating the law to misappropriate billions of dollars
that should belong to members of the Classes.
The Defendants' cartel is a per se unlawful restraint of trade
under numerous state antitrust and competition laws. Plaintiff and
the Classes suffered substantial harm as a result of the supra
competitive prices they paid for retail gasoline or retail diesel
for commercial use as a direct and proximate result of the cartel
to constrain domestic production of shale oil in the United States.
Plaintiff brings this suit to recover that loss, says the
complaint.
The Plaintiff, These Paws Were Made For Walkin' LLC, is a dog
walking, pet sitting, and vacation care provider.
Permian Resources Corporation is a publicly traded Delaware
corporation headquartered in Midland, Texas and a major producer of
crude oil from shale oil formations, largely in the Permian Basin
in Texas and New Mexico.[BN]
The Plaintiff is represented by:
Martin A. Muckleroy, Esq.
MUCKLEROY LUNT, LLC
6077 S. Fort Apache Rd., Ste 140
Las Vegas, NV 89148
Phone (702) 907-0097
Fax (702) 938-4065
Email: martin@muckleroylunt.com
- and –
Brian D. Clark, Esq.
Rebecca A. Peterson, Esq.
Stephen J. Teti, Esq.
Arielle S. Wagner, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue S, Suite 2200
Minneapolis, MN 55401
Phone: (612) 339-6900
Fax: (612) 339-0981
Email: bdclark@locklaw.com
rapeterson@locklaw.com
sjteti@locklaw.com
aswagner@locklaw.com
PHILZ COFFEE INC: Martinez Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Philz Coffee, Inc.,
et al. The case is styled as Ayaunna Martinez, on behalf of herself
and all others similarly situated v. Springs Window Fashions, LLC,
Sunsetter Products, LP, Does 1 Through 50, Inclusive, Case No.
CGC24611835 (Cal. Super. Ct., San Francisco Cty., Jan. 23, 2024).
The case type is stated as "Fraud."
Philz Coffee -- https://philzcoffee.com/ -- is an American coffee
company and coffeehouse chain based in San Francisco, California,
which helped popularize third wave coffee.[BN]
The Plaintiff is represented by:
Shalini Dogra, Esq.
2219 Main St Pmb 239, unit 239
Santa Monica, CA 90405-2217
Phone: 747-234-6673
Fax: 310-868-0170
Email: shalini@dogralawgroup.com
PROGRESS SOFTWARE: George Suit Transferred to D. Massachusetts
--------------------------------------------------------------
The case styled as Laquesha George, Tatianna George, individually
and on behalf of all others similarly situated v. Progress Software
Corporation, Welltok, Inc., CHI Health - NE, Case No. 8:23-cv-00568
was transferred from the U.S. District Court for the District of
Nebraska, to the U.S. District Court for the District of
Massachusetts on Jan. 26, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10206-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property for
Personal Injury.
Progress Software Corporation -- http://www.progress.com/-- is an
American public company that produces software for creating and
deploying business applications.[BN]
The Plaintiffs are represented by:
Charles E. Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106-3697
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: cschaffer@lfsblaw.com
nelia@lfsblaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
One West Fourth Street, 18th Floor
Cincinnati, OH 45202
Phone: (513) 345-8291
Fax: (513) 345-8294
Email: jgoldenberg@gs-legal.com
- and -
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Avenue
Cincinnati, OH 45208
Phone: (513) 381-2333
Fax: (513) 766-9011
Email: jlyon@thelyonfirm.com
PROGRESS SOFTWARE: Mendez Suit Transferred to D. Massachusetts
--------------------------------------------------------------
The case styled as Jessica Mendez, on behalf of her minor child and
on behalf of all others similarly situated v. Progress Software
Corporation, The NYC Department of Education, Case No.
1:24-cv-00018 was transferred from the U.S. District Court for the
Southern District of New York, to the U.S. District Court for the
District of Massachusetts on Jan. 26, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10214-ADB to the
proceeding.
The nature of suit is stated as Other Personal Property.
Progress Software Corporation -- http://www.progress.com/-- is an
American public company that produces software for creating and
deploying business applications.[BN]
The Plaintiffs are represented by:
Michael Alexander Tompkins, Esq.
LEEDS BROWN LAW PC
1 Old Country Road, Suite 347
Carle Place, NY 11514
Phone: (516) 873-9550
Fax: (516) 747-5024
Email: mtompkins@lmblaw.com
QUAKER OATS: Kessler Sues Over Products' Salmonella Contamination
-----------------------------------------------------------------
RAYMOND KESSLER, individually and on behalf of all others similarly
situated, Plaintiff v. THE QUAKER OATS COMPANY, Defendant, Case No.
7:24-cv-00526 (S.D.N.Y., January 24, 2024) is a class action
against the Defendant for violations of New York General Business
Law Sections 349 and 350.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of Granola Bars and
Granola Cereal products. According to the complaint, the Defendant
has improperly, deceptively, and misleadingly labeled and marketed
its products to reasonable consumers, like the Plaintiff, by
omitting and not disclosing to consumers on its packaging that
consumption of the products may increase the risk of contracting
Salmonella. This omission leads a reasonable consumer to believe
they are not purchasing a product with a known bacterium when in
fact they are purchasing a product contaminated with Salmonella.
Consequently, the Plaintiff and Class Members lost the entire
benefit of their bargain when what they received was a food product
contaminated with a known bacterium that is harmful to their
health.
The Quaker Oats Company is a food manufacturer, with its principal
place of business in Chicago, Illinois. [BN]
The Plaintiff is represented by:
Michael R. Reese, Esq.
REESE LLP
100 West 93rd Street, 16th Floor
New York, NY 10025
Telephone: (212) 643-0500
E-mail: mreese@reesellp.com
- and -
Jason P. Sultzer, Esq.
Daniel Markowitz, Esq.
THE SULTZER LAW GROUP P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 483-7100
E-mail: sultzerj@thesultzerlawgroup.com
markowitzd@thesultzerlawgroup.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Road, Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nsuciu@milberg.com
QUIKRETE CALIFORNIA: Garcia Suit Removed to C.D. California
-----------------------------------------------------------
The case captioned as Sergio Olivares Garcia, an individual, on
behalf of himself and all others similarly situated v. QUIKRETE
CALIFORNIA, LLC, a California limited liability company, and DOES
1-50, inclusive, Case No. 23STCV30014 was removed from the State of
California for the County of Los Angeles, to the U.S. District
Court for the Central District of California on Jan. 22, 2024, and
assigned Case No. 2:24-cv-00596.
On December 7, 2023, Plaintiff commenced the State Court Action,
alleging causes of action on a class-wide basis for Failure to Pay
Wages for All Hours Worked and Overtime; Failure to Pay Minimum
Wage; Failure to Pay Wages Due on Termination; Failure to Provide
Timely Meal Breaks; Failure to Provide Rest Breaks, Potable Water,
and Adequate Restroom Facilities; Failure to Reimburse for Required
Business Expenses; Failure to Provide Accurate Itemized Wage
Statements and Violation of Recordkeeping Requirements; and
Unlawful Business Practices. In the Complaint, Plaintiff seeks
compensatory damages, including unpaid wages, and pre-judgment
interest; statutory penalties; and attorneys' fees and costs.[BN]
The Defendants are represented by:
Ian A. Wright, Esq.
Kaitlin H. Owen, Esq.
ALSTON & BIRD LLP
350 South Grand Avenue, 51st Floor
Los Angeles, CA 90071
Phone: 213-576-1000
Facsimile: 213-576-1100
Email: ian.wright@alston.com
kaitlin.owen@alston.com
RAYMOUR'S FURNITURE: Colak Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Raymour's Furniture
Company, Inc. The case is styled as Ali Colak, on behalf of himself
and all others similarly situated v. Raymour's Furniture Company,
Inc., Case No. 2:24-cv-00592 (E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Raymours Furniture Company, Inc. retails home furnishing
products.[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
RBVHSUNPK LLC: Colak Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against RBVHSUNPK, LLC. The
case is styled as Ali Colak, on behalf of himself and all others
similarly situated v. RBVHSUNPK, LLC, Case No. 2:24-cv-00590
(E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
RBVHSUNPK, LLC doing their business as Texas Chicken & Burgers --
https://eattexs.com/ -- offer Chicken & Burgers in town.[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
REECE BUILDERS/WINDOWS: Bagnell Files Suit in S.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Reece
Builders/Windows Inc. The case is styled as Dominque Bagnell,
individually and on behalf of all others similarly situated v.
Reece Builders/Windows Inc., Case No. 0:24-cv-60149-XXXX (S.D.
Fla., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Reece Builders/Windows, Inc. -- https://reecewindows.com/ -- is a
Five Star Rated window and door installation company in
Sarasota.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E Las Olas Blvd., Suite 120
Fort Lauderdale, FL 33301
Phone: (954) 533-4092
Email: meisenband@Eisenbandlaw.com
REGINE RESTAURANTS: Martin Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Regine Restaurants,
LLC. The case is styled as Damian Martin, on behalf of himself and
all others similarly situated v. Regine Restaurants, LLC., Case No.
1:24-cv-00585 (E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Regine Restaurants, LLC is a restaurant Brooklyn, New York.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
RICHEMONT NORTH AMERICA: Gomberg Files ADA Suit in E.D. Pa.
-----------------------------------------------------------
A class action lawsuit has been filed against Richemont North
America, Inc. The case is styled as Matthew Gomberg, on behalf of
himself and all others similarly situated v. Richemont North
America, Inc., Case No. 2:24-cv-00318 (E.D. Pa., Jan. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Richemont North America Inc. -- https://www.richemont.com/ --
manufactures luxury goods. The Company provides wholesale
distribution of jewelry, precious stones and metals, costume
jewelry, watches, clocks, and silverware.[BN]
The Plaintiff is represented by:
David S. Glanzberg, Esq.
THE LAW OFFICE OF DAVID GLANZBERG
123 S. Broad Street, Suite 1640
Philadelphia, PA 19109
Phone: (215) 981-5400
Fax: (267) 319-1993
Email: david.glanzberg@gtlawpc.com
RUST-OLEUM CORPORATION: Komkaran Files Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Rust-Oleum
Corporation. The case is styled as Andrew Komkaran, individually
and on behalf of all others similarly situated v. Rust-Oleum
Corporation, Case No. 1:24-cv-00612 (E.D.N.Y., Jan. 26, 2024).
The nature of suit is stated as Fraud or Truth-In-Lending.
Rust-Oleum -- https://www.rustoleum.com/ -- is a manufacturer of
protective paints and coatings for home and industrial use.[BN]
The Plaintiff is represented by:
Ben Travis, Esq.
BEN TRAVIS LAW, APC
4660 La Jolla Village Drive, Suite 100
San Diego, CA 92122
Phone: (619) 353-7966
Email: ben@bentravislaw.com
S. CONGRESS FINE: Karim Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against S. Congress Fine
Jewelers, LLC. The case is styled as Jessica Karim, on behalf of
herself and all others similarly situated v. S. Congress Fine
Jewelers, LLC, Case No. 1:24-cv-00574 (S.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
S. Congress Fine Jewelers, LLC offer a selection of designer
jewelry.[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
SABAH SHOES LLC: Colak Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Sabah Shoes, LLC. The
case is styled as Ali Colak, on behalf of himself and all others
similarly situated v. Sabah Shoes, LLC, Case No. 2:24-cv-00593
(E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sabah Shoes, LLC -- https://www.sabah.am/ -- offers quality and
versatility, our leather shoes are handmade, one at a time, by
expert crafts people in East Turkey.[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
SALMA INC: Torres Sues Over Unpaid Minimum and Overtime Wages
-------------------------------------------------------------
Oscar Torres, individually and on behalf of others similarly
situated v. SALMA INC. and BOB ROSSI (AKA BOVABID ELAROUSSI), Case
No. 2:24-cv-00434 (D.N.J., Jan. 24, 2024), is brought against the
Defendants for alleged violations of the Federal Labor Standards
Act ("FLSA") and of the New Jersey State Wage and Hour Law
("NJWHL"), arising from Defendants' various willful and unlawful
employment policies, patterns and/or practices and to recover
unpaid minimum wages and overtime compensation for Plaintiff.
The Defendants maintained a policy and practice of requiring
Plaintiff and the FLSA collective employees to work more than 40
hours per week without providing them with any additional
compensation. The Defendants have willfully and intentionally
committed widespread violations of the FLSA and NJWHL by engaging
in a pattern and practice of failing to pay its employees,
including Plaintiff, minimum wage and overtime compensation for all
hours worked over 40 each workweek. Defendants refused to record
all of the time that Plaintiff and similarly situated individuals
employed by the Corporate Defendant worked, including the work
performed in excess of forty hours each week, says the complaint.
The Plaintiff is a former employee of Defendant as a
dishwasher/kitchen assistant for Defendants' company in New
Jersey.
SALMA INC. is, upon information and belief, a duly organized New
Jersey business corporation organized under the laws of the State
of New Jersey.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Phone: (212) 203-2417
Web: www.stillmanlegalpc.com
SHERWOOD MANAGEMENT: Trivers Sues Over Failure to Pay Compensations
-------------------------------------------------------------------
Maureen Trivers, individually and on behalf of all other Aggrieved
Employees v. SHERWOOD MANAGEMENT CO., INC., a California Stock
Corporation, and DOES 1 through 50, inclusive, Case No. 24STCV01643
(Cal. Super. Ct., Los Angeles Cty., Jan. 22, 2024), is brought
pursuant to the California Labor Code Private Attorneys General Act
of 2004 as a result of the Defendants failure to pay the Plaintiff
proper compensations.
The Defendants failed to provide employment records in violation of
Labor Code, and failed to pay overtime and double time; failed to
provide rest and meal periods; failed to pay minimum wage in
violation of Labor Code and the applicable Wage Orders; failed to
keep accurate payroll records and provide itemized wage statements;
failed to pay reporting time wages; failed to pay split shift wages
in violation of California Code of Regulations; failed to pay all
wages earned on time; failed to pay all wages earned upon discharge
or resignation; failure to reimburse necessary, business-related
expenses; failed to provide notice of paid sick time and accrual;
employers, and individuals acting on behalf of employers, violating
or causing to be violated a section of the Labor Code or any Wage
Order in violation of Labor Code all in violation of Labor Code and
the applicable Wage Orders, says the complaint.
The Plaintiff was hired by the Defendants with the job title of
Client Services Coordinator on or about June 02, 2021.
The Defendants operate as jewelry retailer for men and women with
locations across southern California including Los Angeles.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Raffi Tapanian, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
raffi@hbklawyers.com
SIKA AG: Artificially Inflated Prices for CCAs, Lucas Suit Claims
-----------------------------------------------------------------
LUCAS CONTRACTING, LLC, on behalf of itself and all others
similarly situated, Plaintiff v. SIKA AG; SIKA CORPORATION; CHRYSO,
INC.; GCP APPLIED TECHNOLOGIES INC.; COMPAGNIE DE SAINT-GOBAIN
S.A.; MASTER BUILDERS SOLUTIONS ADMIXTURES US, LLC; MASTER BUILDERS
SOLUTIONS DEUTSCHLAND GMBH; CINVEN LTD.; CINVEN, INC.; THE EUCLID
CHEMICAL COMPANY; and RPM INTERNATIONAL INC., Defendants, Case No.
1:24-cv-00512 (S.D.N.Y., January 24, 2024) is a class action
against the Defendants for violations of various state antitrust
laws in the United States, consumer protection and unfair trade
practices, and unjust enrichment laws.
The case arises from the Defendants' unlawful agreement to fix the
prices for (a) concrete admixtures, (b) cement additives, and (c)
admixtures for mortar (collectively, "CCAs"). CCAs, which can be
either liquid or powdered, are added to concrete, cement, and
mortar before or during the aggregate's mixing with water to give
the finished product certain qualities. The Defendants and their
distributors and retailers constantly coordinated and communicated
with each other beginning in 2018 and through the present.
Including in this manner, the Defendants' CCA price fixing scheme
continued when their CCA sales to the Plaintiff and members of the
Classes were made during the period four years preceding the filing
of the first indirect purchaser class action complaint. As a
result, the Plaintiff and Class members suffered and continue to
suffer injury, harm, and damages, says the suit.
Lucas Contracting, LLC is a civil construction company, with its
principal place of business at 1101 Diane Blvd., Kinston, North
Carolina.
Sika AG is a specialty chemicals company, with its primary place of
business at Zugerstrasse 50 Baar, Zug, 6341 Switzerland.
Sika Corporation is a specialty chemicals company based in
Lyndhurst, New Jersey.
Chryso, Inc. is a construction chemicals company, with its primary
place of business in Rockwall, Texas.
GCP Applied Technologies Inc. is a chemicals company, with its
primary place of business in Alpharetta, Georgia.
Compagnie de Saint-Gobain S.A. is a manufacturing company, with its
primary place of business in France.
Master Builders Solutions Admixtures US, LLC is a chemicals
company, with its primary place of business in Beachwood, Ohio.
Master Builders Solutions Deutschland GmbH is a chemicals company,
with its primary place of business in Mannheim, Germany.
Cinven Ltd. is a private equity firm in London, England.
Cinven, Inc. is a private equity firm in Manhattan, New York.
The Euclid Chemical Company is a chemicals company, with its
primary place of business in Cleveland, Ohio.
RPM International, Inc. is a chemicals company, with its primary
place of business in Medina, Ohio. [BN]
The Plaintiff is represented by:
Robert N. Kaplan, Esq.
Matthew P. McCahill, Esq.
Elana Katcher, Esq.
Jason A. Uris, Esq.
KAPLAN FOX & KILSHEIMER, LLP
800 Third Avenue, 38th Floor
New York, NY 10022
Telephone: (212) 687-1980
E-mail: rkaplan@kaplanfox.com
mmccahill@kaplanfox.com
ekatcher@kaplanfox.com
juris@kaplanfox.com
- and -
Richard L. Coffman, Esq.
THE COFFMAN LAW FIRM
3355 West Alabama, Suite 240
Houston, TX 77098
Telephone: (713) 528-6700
E-mail: rcoffman@coffmanlawfirm.com
SINGING RIVER HEALTH: Williams Files Suit in S.D. Mississippi
-------------------------------------------------------------
A class action lawsuit has been filed against Singing River Health
System. The case is styled as Erica Williams, individually and on
behalf of all others similarly situated v. Singing River Health
System doing business as: Singing River Gulfport, Case No.
1:24-cv-00024-LG-RPM (S.D. Miss., Jan. 25, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Singing River Health System doing business as Singing River
Gulfport -- https://singingriverhealthsystem.com/ -- is a 130-bed
hospital, providing exceptional medical care through cutting-edge
technology & collaboration.[BN]
The Plaintiffs are represented by:
Erik S. Heninger, Esq.
HENINGER GARRISON DAVIS, LLC
P. O. Box 11310
2224 First Avenue North (35203)
Birmingham, AL 35202
Phone: (205) 326-3336
Fax: (205) 326-3332
Email: erik@hgdlawfirm.com
SOFREH NYC LLC: Colak Files ADA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Sofreh NYC, LLC. The
case is styled as Ali Colak, on behalf of himself and all others
similarly situated v. Sofreh NYC, LLC, Case No. 2:24-cv-00599
(E.D.N.Y., Jan. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sofreh -- https://www.sofrehnyc.com/ -- is a chic restaurant that
serves authentic Persian cuisine in Brooklyn, New York City.[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
SUNTRUST BANKS: Randle Suit Seeks to Certify Settlement Class
-------------------------------------------------------------
In the class action lawsuit captioned as TRACY RANDLE, ALLISON
TAYLOR, ARTHUR BOYD, and TAHIR JOHNSON, on behalf of themselves and
all others similarly situated, v. SUNTRUST BANKS, INC., SUN TRUST
INVESTMENT SERVICES, INC., TRUIST FINANCIAL CORPORATION, and TRUIST
INVESTMENT SERVICES, INC. Case No. 1:18-cv-01525-TJK (D.D.C.), the
Plaintiffs ask the Court to enter an order granting unopposed
motion for class certification and final approval of class action
settlement.
-- The Settlement's $14M Settlement Fund is substantial in view of
the risks of continued litigation and by comparison to similar
settlements.
-- On Nov. 27, 2023, the Court provisionally certified the class
and
preliminarily approved the Settlement, finding that the
proposed
Settlement was "fair, reasonable, adequate, and the result of
extensive, arm's length negotiation between experienced
counsel
and Parties."
The Plaintiffs move to certify, for settlement purposes, a class
consisting of all individuals who were employed by Sun Trust
Investment Services, Inc.("STIS")as a Financial Advisor at any time
between June 24, 2014 and Feb. 17, 2021 and who self-identified to
STIS as African American and /or Black, as reflected in Defendants'
workforce data, which was used to develop the class list provided
by Defendants to Class Counsel."
SunTrust was an American bank holding company.
A copy of the Plaintiffs' motion dated Jan. 12, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=b1Fj77 at no extra
charge.[CC]
The Plaintiffs are represented by:
Linda D. Fried man, Esq.
Suzanne E. Bish, Esq.
George S. Robot, Esq.
STOWELL & FRIEDMAN, LTD.
303W Madison St., Ste.2600
Chicago, IL 60606
Telephone:(312)431-0888
E-mail: lfriedman@sfltd.com
sbish@sfltd.com
grobot@slftd.com
T & T FARMS: Class Cert Bid Deadline Extended to March 19
---------------------------------------------------------
In the class action lawsuit captioned as MICHAEL PORTER, v. T & T
FARMS, INC., et al., Case No. 3:21-cv-00529-DRL-MGG (N.D. Ind.),
the Hon. Judge Michael G. Gotsch, Sr. entered an order extending
the case management deadlines as follows:
-- The deadline for the parties to engage in March 11, 2024
mediation is:
-- The deadline to file a motion for class March 19, 2024
certification in this matter is:
-- The deadline for completion of all April 5, 2024
discovery is:
T & T is a company that operates in the Farming industry.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Qp9If4 at no extra
charge.[CC]
T-MOBILE USA: Juarez Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Raymond Juarez, Anthony Foster, Roxy Lopez,
Sherri Sherwood, and Rachel Galarsa, as individuals, on behalf of
themselves and all others similarly situated v. T-MOBILE USA, INC.,
a Delaware corporation; and DOES 1-100, inclusive, Case No.
23STCV31225 was removed from the Superior Court of Los Angeles
County, to the U.S. District Court for the Central District of
California on Jan. 25, 2024, and assigned Case No. 2:24-cv-00700.
The Plaintiffs assert claims for violations of California Civil
Code and California Business and Professions Code (the "UCL").[BN]
The Plaintiff is represented by:
Christopher R. Rodriguez
Andrew D. Bluth
John R. Ternieden
Trent J. Nelson
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Email: crodriguez@singletonschreiber.com
abluth@singletonschreiber.com
jternieden@singletonschreiber.com
tnelson@singletonschreiber.com
- and -
Thomas A. Leary
LAW OFFICES OF THOMAS LEARY, APC
3023 First Avenue
San Diego, CA 92103
The Defendants are represented by:
Rachel E. K. Lowe (State Bar No. 246361)
Jonathan J. Kim (State Bar No. 312145)
ALSTON & BIRD LLP
350 South Grand Avenue, 51st Floor
Los Angeles, CA 90071-1410
Phone: 213-576-1000
Facsimile: 213-576-1100
Email: rachel.lowe@alston.com
jonathan.kim@alston.com
- and -
Kristine Mcalister Brown
ALSTON & BIRD LLP
1201 West Peachtree Street, Suite 4900
Atlanta, GA 30309-3424
Phone: 404-881-7000
Facsimile: 404-881-7777
Email: kristy.brown@alston.com
TAPESTRY INC: Filing of Class Cert Bid Extended to May 24
---------------------------------------------------------
In the class action lawsuit captioned as SABRINA REED,
individually, and on behalf of other members of the general public
similarly situated, v. TAPESTRY, INC. which will do business in
California as COACH LEATHERWARE CALIFORNIA, INC., a Maryland
corporation; and DOES 1 through 10, inclusive, Case No.
5:22-cv-04546-PCP (N.D. Cal.), the Hon. Judge P. Casey Pitts
entered an order granting joint stipulation to continue class
certification briefing schedule.
Event Original Deadline New
Deadline
Deadline to file motion Feb. 27, 2024 May 24,
2024
for class certification
Deadline to file opposition Apr. 23, 2024 July 19,
2024
to motion for class
certification
Deadline to file reply to May 21, 2024 Aug. 16,
202
motion for class
certification
Tapestry is an American multinational luxury fashion holding
company. It is based in New York City and is the parent company.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZZuqqd at no extra
charge.[CC]
The Plaintiff is represented by:
Bevin Allen Pike, Esq.
Daniel S. Jonathan, Esq.
Trisha K. Monesi, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 229-1000
Facsimile: (310) 229-1001
E-mail: Bevin.Pike@capstonelawyers.com
Daniel.Jonathan@capstonelawyers.com
Trisha.Monesi@capstonelawyers.com
The Defendants are represented by:
Gregory W. Knopp, Esq.
Sehreen Ladak, Esq.
Jennifer J. Mcdermott, Esq.
PROSKAUER ROSE LLP
2029 Century Park East, Suite 2400
Los Angeles, CA 90067
Telephone: (310) 557-2900
Facsimile: (310) 557-2193
E-mail: gknopp@proskauer.com
sladak@proskauer.com
jmcdermott@proskauer.com
TARGET CORP: Class Cert Bid Filing in Montgomery Due August 5
-------------------------------------------------------------
In the class action lawsuit captioned as SHERRY MONTGOMERY and
YESENIA ALBA, on behalf of themselves, all others similarly
situated, v. TARGET CORPORATION, a Minnesota corporation; and DOES
1 through 50, inclusive, Case No. 2:19-cv-04924-JGB-MRW (C.D.
Cal.), the Hon. Judge Jesus G. Bernal entered an order granting
stipulated request to set dates related to the Plaintiffs' motion
for class certification and modify civil trial scheduling order:
Event Date
Deadline for Initial Designation of June 10, 2024
Pre-Certification Expert Witnesses:
Deadline for Designation of Rebuttal July 8, 2024
Pre-Certification Expert Witnesses:
Last Day to File Motion for Class Aug. 5, 2024
Certification:
Last Day to File Opposition to Motion Sept. 16, 2024
for Class Certification:
Last Day to File Reply in Support of Oct. 14, 2024
Motion for Class Certification:
Hearing on Motion for Class Certification: Nov. 18, 2024
Dispositive Motion Hearing Cut-Off: Feb. 24, 2025
Last Day to Conduct Settlement Conference Mar. 10, 2025
Final Pretrial Conference Apr. 21, 2025
Jury Trial (estimate: 10-21 days) May 6, 2025
--Tag line:
The Plaintiff is
Target is an American retail corporation that operates a chain of
discount department stores and hypermarkets.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Q0Gndg at no extra
charge.[CC]
The Plaintiffs are represented by:
Shaun Setareh, Esq.
William M. Pao, Esq.
SETAREH LAW GROUP
9665 Wilshire Blvd., Suite 430
Beverly Hills, CA 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
william@setarehlaw.com
The Defendants are represented by:
Jeffrey D. Wohl, Esq.
Anna M. Skaggs, Esq.
PAUL HASTINGS LLP
101 California Street, 48th Floor
San Francisco, CA 94111
Telephone: (415) 856-7000
Facsimile: (415) 856-7100
E-mail: jeffwohl@paulhastings.com
annaskaggs@paulhastings.com
TARGET CORPORATION: Bello Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Jehu Bello, Marcus Camacho, Logan Danson,
Pancho D. Jimenez, Martin Jr. Rodriguez, Brandon Santiago, Eddie
Washington, and Duwayne Williams, individually, and on behalf of
all others similarly situated v. TARGET CORPORATION, a Minnesota
corporation; and DOES 1 through 10, Case No. CIVSB2327410 was
removed from the Superior Court of the State of California, County
of San Bernardino, to the U.S. District Court for the Central
District of California on Jan. 25, 2024, and assigned Case No.
5:24-cv-00167.
The Plaintiffs' Complaint contains nine causes of action alleging:
failure to pay minimum and straight time wages; failure to pay
overtime wages; failure to provide meal periods; failure to
authorize and permit rest periods; failure to timely pay final
wages at termination; failure to provide accurate itemized wage
statements; failure to indemnify employees for expenditures;
failure to produce requested employment records; and unfair
competition.[BN]
The Defendants are represented by:
Julie A Dunne, Esq.
Matthew Riley, Esq.
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121-2133
Phone: 858.677.1400
Fax: 858.677.1401
Email: julie.dunne@us.dlapiper.com
matthew.riley@us.dlapiper.com
TERRY JOHNSON: Filing for Class Cert Bid Due Feb. 14
----------------------------------------------------
In the class action lawsuit captioned as BEERS v. JOHNSON, Case No.
1:23-cv-00367 (M.D.N.C., Filed May 4, 2023), the Hon. Judge Thomas
D. Schroeder entered an order setting motion for class
certification due by Feb. 14, 2024.
The suit alleges violation of the Fair Labor Standards Act.[CC]
TWO JINN: Medina Suit Seeks to Certify Classes
----------------------------------------------
In the class action lawsuit captioned as SARA MEDINA and ALICIA
MARTINEZ, individually and on behalf of all others similarly
situated, v. TWO JINN, INC., a California corporation, d/b/a
ALADDIN BAIL BONDS, and ADLER WALLACH & ASSOCIATES, INC., d/b/a AWA
COLLECTIONS, a California corporation, Case No. 3:22-cv-02540-RFL
(N.D. Cal.), the Plaintiffs ask the Court to enter an order
granting the Plaintiffs' motion to certify class.
Two Jinn is a debt collector that extends credit to individuals
seeking the release of pre-trial detainees. Its business model
depends on the fact that most Americans, including most
Californians, cannot afford to pay the bail set by courts.
The only way for them to avoid pre-trial incarceration is to hire a
commercial bail bond company, who, in exchange for a nonrefundable
fee (or "premium"), assures the court that the full bail amount
will be paid if the detainee fails to appear at trial.
But even these premiums, which are typically 10 percent of the
total bail amount, are beyond the means of many.
The Plaintiffs seek certification of two classes corresponding to
these legal theories.
With respect to the Rosenthal Act claim, the Plaintiffs seek to
certify an "Unlawful Collections Class" pursuant to Rule 23(b)(3)
consisting of:
"All persons who (1) cosigned a bail bond premium financing
agreement in California with Two Jinn, Inc. or its subsidiaries or
affiliates; (2) were not provided the notice described in
California
Civil Code Section 1799.91 prior to signing; (3) were not a spouse
of the person who received release services in connection with the
agreement at the time of signing; and (4) to whom Two Jinn or
Adler Wallach & Associates, Inc., or their agents, sent a Standard
Collection Letter3 regarding such bail bond at any time, so long
as,
on or after March 23, 2021, Defendants also sent a Standard
Collection Letter or furnished information to a credit reporting
Age cy regarding such bail bond."
The Unlawful Collections Class will seek actual damages (i.e.,
premium payments made following an unlawful collection action),
statutory damages based on the number of unlawful collection
letters or collection calls made, and punitive damages and
attorney’s fees and costs.
With respect to the CCRAA claim, the Plaintiffs seek to certify an
"Unlawful Credit Reporting Class" pursuant to Rule 23(c)(4)
consisting of:
"All persons who (1) cosigned a bail bond premium financing
agreement in California with Two Jinn, Inc. or its subsidiaries
or
affiliates; (2) were not provided the notice described in
California Civil Code Section 1799.91 prior to signing; (3)
were
not a spouse of the person who received release services in
connection with the agreement at the time of signing; and (4)
about whom Defendants furnished information to a credit
reporting
agency representing in any way that such person owed money,
failed
to make timely payments, or was otherwise in arrears or default
with respect to such bail bond premium financing agreement (i)
at
any time on or after March 23, 2020, or (ii) at any time
between
March 23, 2015 and March 23, 2020, provided that Defendants
also
sent such person a Standard Collection Letter or otherwise
furnished information about such bail bond to a credit
reporting
on or after March 23, 2020.
Two Jinn offers bail bond, payment options, and other legal
services.
A copy of the Plaintiffs' motion dated Jan. 12, 2024 is available
from PacerMonitor.com at https://bit.ly/47Ymes1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Rafey S. Balabanian, Esq.
Yaman Salahi, Esq.
J. Aaron Lawson, Esq.
Natasha Fernández-Silber, Esq.
Julian Zhu, Esq.
EDELSON PC
150 California Street, 18th Floor
San Francisco, CA 94111
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
ysalahi@edelson.com
alawson@edelson.com
nfernandezsilber@edelson.com
jzhu@edelson.com
WEBER TREE: Class Certification Filing in Escalona Due June 21
--------------------------------------------------------------
In the class action lawsuit captioned as WILFREDO ESCALONA,
individually and on behalf of others similarly situated, v. WEBER
TREE SERVICE, INC., a New York corporation, et al., Case No.
6:23-cv-06159-DGL-MWP (W.D.N.Y.), the Hon. Judge Marian W. Payson
entered a scheduling order as follows:
-- No later than February 16, 2024, the parties shall confer and
select a mediator, confirm the mediator's availability, ensure
that the mediator does not have a conflict with any of the
parties
in the case, identify a date and time for the initial mediation
session, and file a stipulation confirming their selection on
the
form provided by the Court.
-- Any motions to opt out of the ADR process shall be filed Jan.
25,
2024.
-- The initial mediation session shall be held no later than
April
26, 2024.
-- The referral to mediation shall terminate on June 26, 2024.
-- All mandatory disclosures required by Rule 26(a)(1) of the
Federal
Rules of Civil Procedure shall be completed on or before
February
2, 2024.
-- All motions to join other parties and to amend the pleadings
shall
be filed on or before Feb. 12, 2024.
-- Any third party action shall be commenced on or before Feb.
12,
2024.
-- Discovery relating to class certification issues, including
depositions, shall be completed on or before May 24, 2024.
-- All motions to compel discovery shall be filed by May 10,
2024.
-- The Plaintiff shall file any motion for class certification by
no
later than June 21, 2024.
Weber is a local tree service and landscaping company.
A copy of the Court's order dated Jan. 12, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=XFF0wQ at no extra
charge.[CC]
Asbestos Litigation
ASBESTOS UPDATE: Barretts Minerals to Mediate Ch. 11 Talc Liability
-------------------------------------------------------------------
Talc miner Barretts Minerals Inc. reached an agreement with its
unsecured creditors and the representative for future talc injury
claimants to mediate issues surrounding its liability and reach a
global resolution of its ongoing Chapter 11 case.
The Debtors and certain of their subsidiaries are defendants in
numerous lawsuits claiming that their personal injuries were caused
by exposure to talc allegedly contaminated with asbestos that was
mined, beneficiated, processed, and sold by debtor Barretts
Minerals Inc. ("BMI").
The Debtors seek to comprehensively resolve BMI's talc liabilities
through the confirmation of a plan of reorganization (the "Plan")
pursuant to sections 524(g) and 1129 of the Bankruptcy Code that
creates a Section 524(g) trust.
The Debtors and their non-debtor subsidiaries the Official
Committee of Unsecured Creditors, and the future claimants'
representative ("FCR") have each agreed to engage in negotiations
to attempt to reach a comprehensive resolution of any and all
issues in conjunction with a potential Plan and 524(g) Trust,
including, but not limited to, (a) claims related to personal
injury in any way related to asbestos, talc, or other compounds or
substances in connection with the Debtors' historical business
operations or products, including any contribution,
indemnification, guarantee, subrogation claims, or other related
claims; (b) claims and causes of action of the Debtors against
third-parties, including but not limited to the Non-Debtor
Affiliates; (c) claims and causes of action of the Non-Debtor
Affiliates against the Debtors; and (d) any other matters agreed to
among the Mediation Parties or as otherwise directed by further
order of the Court (the "Plan Mediation Topics").
ASBESTOS UPDATE: J&J to Pay $700MM to Settle Talc Baby Powder Probe
-------------------------------------------------------------------
Jef Feeley of Bloomberg News reports that Johnson & Johnson has
tentatively agreed to pay about $700 million to resolve an
investigation by more than 40 US states into claims that it
wrongfully marketed its talc-based baby powder by not warning about
possible health risks, according to people familiar with the deal.
The settlement would avert potential lawsuits alleging that J&J hid
any links between the talc in its powder and various cancers,
according to the people, who asked not to be named because the pact
isn't yet public. They said J&J and representatives for state
attorneys general are still hammering out the specific terms of
the
accord but have reached an agreement on the approximate total
amount.
The settlement is part of J&J's strategy to corral a growing number
of suits accusing it of concealing baby powder's health risks after
two failed attempts to use the bankruptcy courts to impose a
settlement on former users. The decade-long litigation, plus the
prospect of potential future cancer suits, has limited J&J's stock
price, analysts have said.
*********
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.
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