/raid1/www/Hosts/bankrupt/CAR_Public/240318.mbx
C L A S S A C T I O N R E P O R T E R
Monday, March 18, 2024, Vol. 26, No. 56
Headlines
AIDA ALVAREZ: Matt Sues Over Breach of Fiduciary Duty
AIRPORT TERMINAL: Prado TCPA Suit Removed to N.D. California
ALLIED UNIVERSAL: Fails to Pay Proper Wages, Ernst Suit Alleges
ALLURE DERMATOLOGY: Martinez Files ADA Suit in E.D. New York
AMERICAN CAR: Saavedra Sues Over Unpaid OT Wages and Retaliation
AMERICAN INTERNATIONAL COLLEGE: Young Files ADA Suit in S.D.N.Y.
ANTHEM INSURANCE: Shepherd Suit Transferred to S.D. Florida
ASPEN DENTAL: McDaniel Sues Over Unsecured Private Information
BEYOND MEAT: Continues to Defend Retail Wholesale Class Suit
BOSTON BEER: Securities Class Suit Discovery Ongoing
BRINGER CORP: Pena Sues Over Nonpayment of Overtime Wages
BROOKLYN TAILORS: Toro Files ADA Suit in S.D. New York
BROTHERHOOD SECURITY: Prieto Seeks Security Staff's Unpaid Wages
CAPITAL HEALTH SYSTEM: Crawford Files Suit in D. New Jersey
CAPRI II PIZZA: Fails to Pay Proper Minimum Wages, Ruiz Alleges
CARE-N-HOME LLC: Oliveira Sues Over Unlawful Retaliation
CB HOSPITALITY: Bid For Conditional Collective Certification Nixed
CHESTNUT HILL COLLEGE: Knowles Files ADA Suit in S.D. New York
CO-DIAGNOSTICS INC: Class Cert. Scheduling Order Entered in Stadium
COMPASS GROUP USA: Piazza Files Suit in Cal. Super. Ct.
CONCENTRA HEALTH: Tate Files Suit in E.D. Missouri
CREDIT SUISSE: Court OK's SCL Class Certification Bid
DAVID DINELLO: "Allen" Protective Order Applicable in Allah Case
DAVID DINELLO: "Allen" Protective Order Applicable in Locenitt Case
DELTA PACIFIC BEVERAGE: Barcenas Files Suit in Cal. Super. Ct.
DENNIS DILLON: Human TCPA Suit Removed to E.D. Missouri
DR. KELLYANN: Wallach Sues Over Unlawful and Deceptive Labeling
EL TORO RESOURCES: Tibbs Sues to Recover Unpaid Overtime Wages
ELEVANCE HEALTH: Marshall Suit Transferred to S.D. Florida
ELIE SAAB NY: Martinez Files ADA Suit in E.D. New York
ELLIOTT BAY BOOK: Beauchamp Files ADA Suit in S.D. New York
ELLIOTT PC: Vanderkodde Wins Class Certification Bid
EMMANUEL COLLEGE: Whalen Sues Over Failure to Secure Data
FOCUS UTILITY: Fails to Pay Proper Wages, Millan Suit Claims
FORD MOTOR: Seeks to Seal Documents Attached to Class Cert Bid
FULCRUM THERAPEUTICS: Continues to Defend Celano Securities Suit
GARDENER CHEESE: Wahab Files ADA Suit in S.D. New York
GATOS SILVER: $21M Class Settlement in Bilinsky Gets Initial Nod
IDAHO: Appeals Ruling in Poe Child Protection Suit to Supreme Court
INTERNATIONAL YACHT: Ya Mon Sues Over Inflated Commissions
KIRIN TRANSPORTATION: Zhou Suit Removed to E.D. New York
L&J HEALTHCARE: Rhodes Sues Over Labor Law Violations
LABOR SKATEBOARD SHOP: Black Files ADA Suit in E.D. New York
LEE THOMPSON & FAWCETT: Knowles Files ADA Suit in S.D. New York
LENS.COM: Gonneville Files Suit in Mass. Super. Ct.
LEXINGTON MEDICAL: Sutherland Sues Over Failure to Safeguard PII
LGCY POWER: Valley Sues Over Unpaid Overtime Compensation
LIGHT & WONDER: Continues to Defend Giuliana & Rancho's Class Suit
LIMETREE BAY: Court to Grant Bid to Amend Boynes Class Action Sui
LIMETREE BAY: Court to Grant Bid to Amend Charles Class Suit
LIMETREE BAY: Court to Grant Bid to Amend Cotton Class Complaint
LIMETREE BAY: Court to Grant Bid to Amend Shirley Class Suit
LOUIS TANNEN INC: Martin Files ADA Suit in E.D. New York
LOWE'S HOME CENTERS: Carrillo Files Suit in Cal. Super. Ct.
LOWES COMPANIES: Frost Files ADA Suit in D. Minnesota
LUCID GROUP INC: Continues to Defend CCIV/Lucid Motors Class Suit
LUCID GROUP INC: Continues to Defend Consolidated Class Suit
LUSTER PRODUCTS: Wahab Files ADA Suit in S.D. New York
MAGNESS NYC INC: Toro Files ADA Suit in S.D. New York
MARISSA'S BOOKS & GIFTS: Beauchamp Files ADA Suit in S.D. New York
MARU SPORTS INC: Colak Files ADA Suit in E.D. New York
MI FONDITA: Reyes Sues Over Unpaid Overtime Wages
PEERSTAR LLC: Palasz Sues Over Private Data Breach
SOUTHERN DEVELOPMENT: Gonzalez Sues Over Unpaid Wages, Retaliation
TREASURE COAST: Fails to Pay OT Wages, Santiago Suit Alleges
TRIUMPH CONSTRUCTION: Solano & Benitez Sue Over Labor Law Breaches
WHATABURGER RESTAURANTS: Sanders Sues Over Unpaid Post-Shift Work
*********
AIDA ALVAREZ: Matt Sues Over Breach of Fiduciary Duty
-----------------------------------------------------
William B. Matt, on behalf of himself and all similarly situated v.
AIDA ALVAREZ, STEVEN CAKEBREAD, STEPHEN FISHER, DAVID HORNIK, BRIAN
JACOBS, PETER KIGHT, KATHERINE KLINE, RENE LACERTE, ALLISON
MNOOKIN, TINA REICH, SCOTT WAGNER, ALISON WAGONFIELD and BILL
HOLDINGS, INC., Case No. 2024-0173- (Del. Chancery. Ct., Feb. 27,
2024), is brought against Defendants asserting a claim for breach
of fiduciary duty.
Like many corporations, BILL Holdings has an advance notice bylaw
that requires any stockholder seeking to nominate a candidate to
the board of directors (the “Board”) to provide advance notice
of such nomination to the Company (the “Advance Notice Bylaw”).
The Advance Notice Bylaw dictates the time period during which a
notice of nomination must be received by the Company--the
nomination window--and sets forth the requirements of what
information must be included in a notice of nomination. BILL
Holdings’s Advance Notice Bylaw, however, incorporates a
definition of “acting in concert” rendering it preclusive and
coercive.
First, the Advance Notice Bylaw’s definition of “Acting in
Concert” creates uncertainty regarding the information that a
proposing stockholder must disclose in connection with its director
nominations because it contemplates that stockholders are “Acting
in Concert” with one another even absent any express agreement,
arrangement or understanding. As a result, a stockholder cannot, as
a practical matter, distinguish between a mere concurrence of
self-interest with another stockholder, on the one hand, and a
legally significant connection impacting a stockholder’s
nomination obligations, on the other.
Second, the Acting in Concert definition contains both a
“Wolf-Pack Provision,” which deems stockholders to be Acting in
Concert with one another if they act “in substantial parallel”
with each other, and a “Daisy Chain Provision,” which deems two
stockholders working with the same third party to be Acting in
Concert regardless of whether the two stockholders know about each
other’s existence.
These provisions serve as an unlawful deterrent to those seeking to
meaningfully participate in the nomination process—a fundamental
right of stockholders of a Delaware corporation. Because
stockholders may be Acting in Concert with other stockholders
without any knowledge of doing so, it is impossible, as a practical
matter, for a stockholder to submit a notice of nomination that
complies with the Advance Notice Bylaw or reasonably believe that
their notice of nomination complies with the Advance Notice Bylaw.
As a result, the Advance Notice Bylaw effectively limits the scope
of stockholders’ voting rights to voting for or against
candidates nominated by the Board and is fundamentally inconsistent
with the notion that stockholders’ right to vote includes the
right to nominate, says the complaint.
The Plaintiff William B. Matt is a BILL Holdings stockholder since
at least March 2023.
BILL Holdings is a leader in financial automation software for
small and midsize businesses.[BN]
The Plaintiff is represented by:
Kimberly A. Evans, Esq.
Lindsay K. Faccenda, Esq.
Irene R. Lax, Esq.
Robert Erikson, Esq.
BLOCK & LEVITON LLP
3801 Kennett Pike, Suite C-305
Wilmington, DE 19807
Phone: (302) 499-3600
Email: kim@blockleviton.com
lindsay@blockleviton.com
irene@blockleviton.com
robby@blockleviton.com
AIRPORT TERMINAL: Prado TCPA Suit Removed to N.D. California
------------------------------------------------------------
The case styled as Alex Alberto Prado, on behalf of himself and all
others similarly situated v. Airport Terminal Services, Inc., Case
No. 23CV057137 was removed from the Alameda County Superior Court,
to the U.S. District Court for the Northern District of California
on Feb. 29, 2024.
The District Court Clerk assigned Case No. 3:24-cv-01249 to the
proceeding.
The nature of suit is stated as Other Fraud.
Airport Terminal Services Inc. -- https://atsstl.com/ -- provides
ground handling services. The Company offers passenger services,
such as passenger check in and tickerting, passenger boarding,
baggage services, and ramp handling services.[BN]
The Plaintiff appears pro se.
ALLIED UNIVERSAL: Fails to Pay Proper Wages, Ernst Suit Alleges
---------------------------------------------------------------
JAKE ERNST, on behalf of himself and others similarly situated,
Plaintiff v. ALLIED UNIVERSAL COMPLIANCE & INVESTIGATIONS, INC.,
Defendant, Case No. CACE-24-002915 (Fla. Cir., 17th Judicial, March
1, 2024) seeks to recover unpaid wages, liquidated damages, and
attorney's fees and cost under the Fair Labor Standards Act and the
supporting United States Department of Labor regulations.
The Plaintiff and the collective members were employed by Defendant
as a non-exempt surveillance investigators in California since
August 14, 2019. Allegedly, they were not paid for all the hours
they worked. for the Defendant. Among other things, Plaintiff and
the collective members also did not receive reimbursements for
business expenses they incurred as required by law, says the suit.
Based in Florida, Allied Universal Compliance and Investigations,
Inc. provides insurance claim investigations and anti-fraud
regulatory compliance services throughout the United States. [BN]
The Plaintiffs are represented by:
Gregg I. Shavitz, Esq.
SHAVITZ LAW GROUP, P.A.
951 Yamato Road, Suite 285
Boca Raton, FL 33432
Telephone: (561) 447-8888
Facsimile: (561) 447-8831
E-mail: gshavitz@shavitzlaw.com
ALLURE DERMATOLOGY: Martinez Files ADA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Allure Dermatology,
PLLC. The case is styled as Silvia Martinez, on behalf of herself
and all others similarly situated v. Allure Dermatology, PLLC.,
Case No. 1:24-cv-01532 (E.D.N.Y., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Allure Dermatology, PLLC -- https://www.alluredermny.com/ -- is a
trusted Dermatologists serving Hicksville, 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
AMERICAN CAR: Saavedra Sues Over Unpaid OT Wages and Retaliation
----------------------------------------------------------------
MIGUEL A. SAAVEDRA, and other similarly situated individuals,
Plaintiff v. AMERICAN CAR OUTLET, L.L.C. d/b/a TRUCK AND VAN
OUTLET, SERGIO SANCHEZ, and MARTIN SANCHEZ, individually,
Defendants, Case No. 1:24-cv-20808-XXXX (S.D. Fla., February 29,
2024) seeks to recover monetary damages for unpaid overtime wages
and retaliation under the Fair Labor Standards Act.
American Car Outlet, LLC., Sergio Sanchez, and Martin Sanchez
employed Plaintiff Miguel A. Saavedra from approximately January
15, 2022, through October 14, 2023, or 91 weeks. While employed by
Defendants Plaintiff always worked more than 40 hours weekly. The
Plaintiff was a non-exempt employee. However, he was not
compensated for overtime hours, as law requires.
American Car Outlet, LLC. is a used truck and commercial vehicle
dealership in Dade County, Florida. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
AMERICAN INTERNATIONAL COLLEGE: Young Files ADA Suit in S.D.N.Y.
----------------------------------------------------------------
A class action lawsuit has been filed against American
International College. The case is styled as Leshawn Young, on
behalf of herself and all other persons similarly situated v.
American International College, Case No. 1:24-cv-01561-JGK
(S.D.N.Y., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
American International College (AIC) -- https://www.aic.edu/ -- in
Springfield, MA has been helping students learn practical skills to
advance their careers for over a century.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: nyjg@aol.com
michael@gottlieb.legal
ANTHEM INSURANCE: Shepherd Suit Transferred to S.D. Florida
-----------------------------------------------------------
The case styled as Arnisha Shepherd, individually and on behalf of
all others similarly situated v. ANTHEM INSURANCE COMPANIES, INC.,
NationsBenefits, LLC, Case No. 1:23-cv-00693 was transferred from
the U.S. District Court for the Southern District of Indiana, to
the U.S. District Court for the Southern District of Florida on
Feb. 28, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20774 to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Anthem -- https://www.anthem.com/ -- is a trusted health insurance
plan provider.[BN]
ASPEN DENTAL: McDaniel Sues Over Unsecured Private Information
--------------------------------------------------------------
CAITLIN MCDANIEL, individually & on behalf of all others similarly
situated, Plaintiff v. ASPEN DENTAL MANAGEMENT, INC., Defendant,
Case No. 1:24-cv-01718 (N.D. Ill., February 29, 2024) arises from
Defendant's failure to properly secure and safeguard Plaintiff's
and other similarly situated current and former Aspen patients and
brings claims for negligence, negligence per se, breach of implied
contract, unjust enrichment, and for violations of the California
Consumer Privacy Act, the California Confidentiality of Medical
Information Act, the California’s Consumer Records Act, and
declaratory judgment.
On February 22, 2024, Aspen announced that its patients' private
information stored on its systems had been compromised by a
ransomware attack. It appears that the data breach took place in
April 2023. However, Aspen has concealed the details of the breach,
including the number of affected victims and the exact categories
of stolen data, since its discovery, says the suit.
Aspen Dental is a Chicago-based dental care provider that has a
network of more than 1,000 locations nationwide and is the largest
group of branded dental offices in the world. [BN]
The Plaintiffs are represented by:
Brandon M. Wise, Esq.
PEIFFER WOLF CARR KANE CONWAY & WISE, LLP
One U.S. Bank Plaza, Suite 1950
St. Louis, MO 63101
Telephone: (314) 833-4825
E-mail: bwise@peifferwolf.com
- and -
Andrew R. Tate, Esq.
PEIFFER WOLF CARR KANE CONWAY & WISE, LLP
235 Peachtree Street NE, Suite 400
Atlanta, GA 30303
Telephone: (404) 282-4806
E-mail: atate@peifferwolf.com
BEYOND MEAT: Continues to Defend Retail Wholesale Class Suit
------------------------------------------------------------
Beyond Meat Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2023 filed with the Securities and
Exchange Commission on March 1, 2024, that the Company continues to
defend itself from the Retail Wholesale Dept. Store Union class
suit in the United States District Court for the Central District
of California.
On May 11, 2023, a class action complaint was filed against the
Company and certain current and former officers and directors in
the United States District Court for the Central District of
California, captioned Retail Wholesale Department Store Union Local
338 Retirement Fund v. Beyond Meat, Inc., et al., Case No.
2:23-cv-03602.
On July 26, 2023, the Court granted Saskatchewan Healthcare
Employees' Pension Plan's motion to be appointed lead plaintiff and
for its counsel to be appointed lead counsel.
On August 9, 2023, the case was recaptioned as Saskatchewan
Healthcare Employees' Pension Plan v. Beyond Meat, Inc., et al.,
Case No. 2:23-cv-03602 ("SHEPP Action").
On October 9, 2023, the plaintiffs filed a consolidated class
action complaint.
The complaint alleges, among other things, that the Company and the
individual defendants made false and misleading statements or
omissions regarding the Company's ability to manufacture its
products at scale and to its partners' specifications.
The complaint seeks an order certifying the class; awarding
compensatory damages, interest, costs, expenses, attorneys' and
expert fees; and granting other unspecified equitable or injunctive
relief.
The complaint alleges causes of action under Sections 10(b), 20(a),
and 20A of the Securities Exchange Act of 1934, as amended (the
"Exchange Act") on behalf of a putative class of investors who
purchased the Company's common stock between May 5, 2020, and
October 13, 2022, inclusive.
On December 8, 2023, the Company and the individual defendants
filed a motion to dismiss the consolidated class action complaint.
On February 6, 2024, the plaintiffs filed their answering brief.
Per the terms of the parties' stipulation, the defendants' reply
brief is due on or before March 22, 2024.
The Company intends to vigorously defend against these claims.
Beyond Meat, Inc. is a plant-based meat company offering a
portfolio of plant-based meats.
BOSTON BEER: Securities Class Suit Discovery Ongoing
----------------------------------------------------
Boston Beer Co. Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 27, 2023, that discovery is
ongoing for the securities class suit in the United States District
Court for the Southern District of New York.
On September 14, 2021, a purported class action lawsuit was filed
by an individual shareholder in the United States District Court
for the Southern District of New York against the Company and three
of its officers.
The complaint alleged claims under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 between April 22, 2021 and
September 8, 2021.
The plaintiff claimed that defendants made materially false and/or
misleading statements or failed to disclose material adverse facts
about the Company’s business, operations, and prospects.
On October 8, 2021, a nearly identical complaint was filed against
the Company by an individual shareholder in the United States
District Court for the Southern District of New York.
The Court consolidated the two actions and on December 14, 2021
appointed a lead plaintiff, who filed an amended complaint on
January 13, 2022.
The Company's Motion to Dismiss the Amended Complaint was granted
by the Court on December 5, 2022.
The plaintiff filed a notice of appeal on January 5, 2023. After
briefing and oral argument on the appeal, the United States Court
of Appeals for the Second Circuit affirmed the dismissal on
November 22, 2023.
The Mandate of the United States Court of Appeals was issued and
transmitted to the District Court on December 15, 2023.
Supplier Dispute. On December 31, 2022, Ardagh Metal Packaging USA
Corp. ("Ardagh") filed an action against the Company alleging,
among other things, that the Company had failed to purchase
contractual minimum volumes of certain aluminum beverage can
containers in 2021 and 2022.
The Company denies that it breached the terms of the parties'
contract and intends to defend against the Ardagh claims
vigorously.
On February 23, 2023 and April 4, 2023, Ardagh and the Company
engaged in mediation sessions with a neutral, third-party mediator,
but were not able to resolve the matter and the litigation will
proceed.
On May 5, 2023, the Company filed an Answer in response to the
Complaint, and Counterclaims against Ardagh.
On June 26, 2023, Ardagh filed a Motion to Dismiss Certain
Counterclaims and a Motion to Strike Certain Affirmative Defenses,
to which the Company filed Oppositions on July 24, 2023.
On November 9, 2023, Ardagh filed a Notice of Plaintiff's Motion
for Judgment on the Pleadings on Count II of the Complaint, to
which the Company filed an Opposition on November 22, 2023.
The parties are currently engaged in the fact discovery phase of
the matter and the range of potential outcomes cannot be estimated
at this time.
The Boston Beer Company, Inc. produces a variety of craft-brewed
beers and cider products at various contract breweries and
Company-owned breweries. The company is based in Boston,
Massachusetts.
BRINGER CORP: Pena Sues Over Nonpayment of Overtime Wages
---------------------------------------------------------
Juan Pena, and other similarly situated individuals, Plaintiff(s),
v. Bringer Corporation, and Eduardo De Castro, individually,
Defendants, Case No. 1:24-cv-20793-KMW (S.D. Fla., February 12,
2024) seeks to recover from Defendants overtime compensation,
liquidated damages, costs, and reasonable attorney's fees under the
provisions of the Fair Labor Standards Act.
Plaintiff Juan Pena was employed by the Defendants as a non-exempt,
full-time employee, from approximately October 3, 2018, to August
4, 2023, or more than four years. Throughout Plaintiff's
employment, the Defendants allegedly deducted from Plaintiff's
working hours three hours weekly as lunchtime, although Plaintiff
could not take bonafide lunchtime periods. As a result, Plaintiff
was not paid for all his overtime hours, as required by law, says
the suit.
With facilities in Doral, FL, Bringer Corporation is an
international shipping and transportation logistics company. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
BROOKLYN TAILORS: Toro Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Brooklyn Tailors,
LLC. The case is styled as Andrew Toro, on behalf of himself and
all others similarly situated v. Brooklyn Tailors, LLC, Case No.
1:24-cv-01392-LGS (S.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Brooklyn Tailors -- https://www.brooklyn-tailors.com/ -- is a
clothing company based in Brooklyn, NY specializing in bespoke and
ready to wear suits, shirts, and more.[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
BROTHERHOOD SECURITY: Prieto Seeks Security Staff's Unpaid Wages
----------------------------------------------------------------
HUGO PRIETO, and other similarly situated individuals, Plaintiff v.
BROTHERHOOD SECURITY SERVICES, LLC, ABRAHAM FATJO, and OMAR OJEDA,
individually, Defendants, Case No. 0:24-cv-60344-XXXX (S.D. Fla.,
February 29, 2024) alleges violations of the Fair Labor Standards
Act.
Plaintiff Hugo Prieto employed by Defendants as a non-exempted,
full-time, hourly security officer from approximately December 22,
2022, to June 15, 2023, or 27 weeks. While employed by Defendants,
Plaintiff was not paid for overtime hours even he was regularly
scheduled to work in excess of 40 hours weekly. Among other things,
Defendants also violated the record-keeping requirements of FLSA,
says the Plaintiff.
Brotherhood Security is a Florida corporation that provides
security services to businesses, residential communities,
construction sites, retailers, and related security services. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
CAPITAL HEALTH SYSTEM: Crawford Files Suit in D. New Jersey
-----------------------------------------------------------
A class action lawsuit has been filed against Capital Health
System, Inc. The case is styled as Brenda L. Crawford, Jermaine B.
Crawford, individually and on behalf of all others similarly
situated v. Capital Health System, Inc., Case No.
3:24-cv-00248-MAS-DEA (D.N.J., Jan. 16, 2024).
The nature of suit is stated as Other P.I. for Property Damage.
Capital Health -- https://www.capitalhealth.org/ -- is the region's
leader in providing progressive, quality patient care with
exceptional physicians, nurses, and staff.[BN]
The Plaintiffs are represented by:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO
5 Becker Farm Road
Roseland, NJ 07068-1739
Phone: (973) 994-1700
Email: jcecchi@carellabyrne.com
The Defendant is represented by:
Andrew F. Albero, Esq.
LEWIS BRISBOIS BISGAARD & SMITH
550 E. Swedesford Road, Suite 270
Wayne, PA 19087
Phone: (215) 977-4100
Email: andrew.albero@lewisbrisbois.com
CAPRI II PIZZA: Fails to Pay Proper Minimum Wages, Ruiz Alleges
---------------------------------------------------------------
BRYAN RUIZ, individually and on behalf of all others similarly
situated, Plaintiff v. CAPRI II PIZZA, INC., GIULIO DIVITO,
CHRISTOPHER DIVITO, and MARIO REYES, Defendants, Case No.
7:24-cv-01536 (S.D.N.Y., February 29, 2024) seeks equitable and
legal relief for Defendants’ violations of the Fair Labor
Standards Act of 1938, the New York Labor Law, and the Internal
Revenue Code.
The Defendants employed Ruiz as a cashier, delivery man, and
janitor from in or around November 2016 until and is still
currently employed by the Defendants. Throughout his employment
with Defendants, Plaintiff was not paid at least the applicable
Federal nor the New York State minimum wage rate for all hours
worked under the FLSA and the NYLL. Instead, Defendants paid Ruiz
$60 per day for all hours worked, including those hours worked over
40 per week. In addition, Defendants unlawfully retaliated against
Plaintiff for complaining about the pay and lack of breaks by
threatening to fire him and then by reducing his work hours, says
the suit.
Based in Bronx, NY, Capri is a pizzeria that also serves Italian
cuisine. [BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY
Telephone: (718) 669-0714
E-mail: mgangat@gangatllc.com
CARE-N-HOME LLC: Oliveira Sues Over Unlawful Retaliation
--------------------------------------------------------
Ana C. De Oliveira, and other similarly situated individuals,
Plaintiff v. Care-N-Home LLC, d/b/a Householdstaffing, Defendant,
Case No. 1:24-cv-20801-XXXX (S.D. Fla., February 29, 2024) seeks to
recover retaliatory damages under the Fair Labor Standards Act.
On or about January 11, 2024, a recruiter called Plaintiff to
inform her that after a background check, Defendant had found that
Plaintiff instituted a Fair Labor Standards lawsuit against her
former employer. However, on or about January 16, 2024, Defendant
informed Plaintiff that they could not hire Plaintiff because she
had filed an FLSA lawsuit against her previous employer. Thus,
Defendant willfully violated the law that which prohibits to
discharge or in any other manner discriminate against any employee
because such employee has filed any complaint or instituted or
caused to be instituted any proceeding, says the suit.
Care-N-Home is a nationwide household staffing agency providing
domestic employees for families around the country. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
CB HOSPITALITY: Bid For Conditional Collective Certification Nixed
------------------------------------------------------------------
In the class action lawsuit captioned as NEPTALI PERALTA, et al.,
v. CB HOSPITALITY AND EVENTS, LLC, et al., Case No.
1:22-cv-10805-GHW-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses
entered an order denying without prejudice the Plaintiffs' motion
for conditional collective certification.
The Court notes that discovery was stayed in this action shortly
before the collective certification motion was filed, and no
initial pretrial conference was held. The discovery stay is now
lifted. The Court will hold an initial conference in accordance
with Fed. R.
Civ. P., on April 3, 2024, at 10:00 a.m.
In this action, filed on Dec. 22, 2022, Peralta and Villanueva,
suing on behalf of themselves and others similarly situated, seek
damages under the federal Fair Labor Standards Act (FLSA) for
unpaid minimum wages (both plaintiffs) and unpaid overtime wages
(Villanueva only); under the New York Labor Law (NYLL) for unpaid
minimum wages (both plaintiffs) and unpaid overtime wages
(Villanueva only), unpaid spread-of-hours pay (Villanueva only),
and failure to provide written wage notices and wage statements
(both plaintiffs); and under the New York City Human Rights Law
(NYCHRL) for discrimination based on "perceived immigration status"
(Peralta only), national origin (Peralta only), and age (both
plaintiffs).
CB HOSPITALITY sells THC pizza.
A copy of the Court's memorandum and order dated March 4, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=KXe3Gi
at no extra charge.[CC]
CHESTNUT HILL COLLEGE: Knowles Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Chestnut Hill
College. The case is styled as Carlton Knowles, on behalf of
himself and all other persons similarly situated v. Chestnut Hill
College, Case No. 1:24-cv-01417 (S.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Chestnut Hill College -- https://www.chc.edu/ -- is a private
Catholic college in the Chestnut Hill section of Philadelphia,
Pennsylvania.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
CO-DIAGNOSTICS INC: Class Cert. Scheduling Order Entered in Stadium
-------------------------------------------------------------------
In the class action lawsuit captioned as STADIUM CAPITAL LLC, on
behalf of itself and all others similarly situated, v.
CO-DIAGNOSTICS, INC., DWIGHT H. EGAN, and BRIAN L. BROWN, Case No.
1:22-cv-06978-AS (S.D.N.Y.), the Hon. Judge Arun Subramanian
entered a civil case management plan and scheduling order as
follows:
1. All parties do not consent to conducting all further
proceedings before a United States Magistrate Judge,
including
motions and trial.
2. The case is to be tried to a jury.
3. Joinder of additional parties much be accomplished by
October
16, 2024.
4. Amended pleadings may be filed without leave of the Court
until October 16, 2024.
5. Discovery (in addition to the disclosures required by Fed.
R.
Civ. P. 26(a)):
a. Documents. First request for production of
documents, if any must be served by April 5, 2024. Further
document requests may be served as required, but no
document
request may be served later than 30 days prior to the date
of
the close of discovery as set forth in item 5(f) below.
b. Interrogatories. Interrogatories pursuant to Rule
33.3(a)
of the Local Civil Rules of the Southern District of New
York
must be served by October 7, 2024. Depositions. All fact
depositions must be completed by November 15, 2024.
All expert depositions must be completed by February 7,
2025.
6. Motions for class certification in the form prescribed by
the
Court's Individual Practices shall be served by July 26,
2024,
answering papers by September 6, 2024, and reply papers by
October 7, 2024. Post-discovery summary judgment motions in
the form prescribed by the Court's Individual Practices
shall
be served by March 21, 2025, answering papers by May 2,
2025,
and reply papers by May 30, 2025. Each party must file its
respective papers on the same date that such papers are
served.
Co-Diagnostics is a molecular diagnostics company.
A copy of the Court's order dated Feb. 29, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=rXGcmC at no extra
charge.[CC]
COMPASS GROUP USA: Piazza Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Compass Group USA,
Inc., et al. The case is styled as Vincent Piazza, on behalf of
himself, the State of California as a Private Attorney General, and
all others similarly situated v. Compass Group USA, Inc., Flik
International Corp., Does 1 to 50, inclusive, Case No. CGC24612731
(Cal. Super. Ct., San Francisco Cty., Feb. 28, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Compass Group USA, Inc. -- https://www.compass-usa.com/ -- is the
leading foodservice and support services company.[BN]
The Plaintiff is represented by:
Anthony Orshansky, Esq.
COUNSELONE, PC
9301 Wilshire Blvd., Ste. 650
Beverly Hills, CA 90210-6199
Phone: 310-277-9945
Fax: 424-277-3727
Email: anthony@counselonegroup.com
CONCENTRA HEALTH: Tate Files Suit in E.D. Missouri
--------------------------------------------------
A class action lawsuit has been filed against Concentra Health
Services, Inc., et al. The case is styled as Stephen Tate also
known as: Steven Tate, individually and on behalf of all others
similarly situated v. Concentra Health Services, Inc., Select
Medical Holdings Corporation, Perry Johnson & Associates, Inc.,
Case No. 4:24-cv-00293-PLC (E.D. Mo., Feb. 26, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Concentra Inc. -- https://www.concentra.com/ -- is a national
health care establishment founded in 1979 in Amarillo, Texas.[BN]
The Plaintiff is represented by:
Tiffany M. Yiatras, Esq.
CONSUMER PROTECTION LEGAL
308 Hutchinson Road
Ellisville, MO 63011
Phone: (314) 541-0317
Fax: (855) 710-7706
Email: tiffany@consumerprotectionlegal.com
CREDIT SUISSE: Court OK's SCL Class Certification Bid
------------------------------------------------------
In the class action lawsuit captioned as SET CAPITAL LLC, et al.,
Individually and on Behalf of All Others Similarly Situated, v.
CREDIT SUISSE GROUP AG, CREDIT SUISSE AG, CREDIT SUISSE
INTERNATIONAL, TIDJANE THIAM, DAVID R. MATHERS, JANUS HENDERSON
GROUP PLC, JANUS INDEX & CALCULATION SERVICES LLC, and JANUS
DISTRIBUTORS LLC d/b/a JANUS HENDERSON DISTRIBUTORS, Case No.
1:18-cv-02268-AT-SN (S.D.N.Y.), the Hon. Judge Analisa Torres
entered an order denying without prejudice the Plaintiffs' renewed
motion for class certification
to refiling with alternative class representation by April 30,
2024.
Alternatively, if Plaintiffs elect to proceed with the same class
representatives, Plaintiffs shall provide evidence to support their
statement that the pool of misrepresentation-only plaintiffs is "de
minimis, if they exist at all," the Court says.
The Plaintiffs bring this securities class action lawsuit on behalf
of themselves and purchasers, acquirers, sellers, and redeemers of
VelocityShares Inverse VIX Short Term Exchange Traded Notes who
were damaged thereby, against Defendants Credit Suisse Group AG,
Credit Suisse AG, and Credit Suisse International, and Credit
Suisse's CEO, Tidjane Thiam, and CFO, David R. Mathers, alleging
claims under secgtions 9, 10(b), and 20(a) of the Securities
Exchange Act of 1934.
On July 1, 2022, the Plaintiffs moved to certify three classes:
(1) The Misrepresentation Class
"All persons and entities that purchased or acquired XIV
Notes
on or between January 29, 2018, and February 5, 2018 (the
"Misrepresentation Class Period"), and who were damaged
thereby;"
(2) The Manipulation Class
"All persons and entities that sold or redeemed XIV Notes on
or
after February 5, 2018 (the "Manipulation Class Period") and
"who were damaged thereby (together with the
Misrepresentation
Class, the "Exchange Act Classes"); and
(3) The Securities Act Class
"All persons and entities that purchased or acquired XIV
Notes
pursuant to or traceable to the Offering Documents, and were
damaged thereby."
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=GuE2E0 at no extra
charge.[CC]
DAVID DINELLO: "Allen" Protective Order Applicable in Allah Case
----------------------------------------------------------------
In the class action lawsuit captioned as Allah, v. DAVID DINELLO,
et al., Case No. 23-cv-3286(S.D.N.Y.), the Hon. Judge Loretta A.
Preska entered discovery orders as follows:
-- The Court finds that the substance of the Stipulation of
Confidentiality and Protective Order, so-ordered in Allen suit
(Case No. 19-cv-8173) on August 12, 2021, as clarified by the
order dated Dec. 13, 2021, remains largely applicable to the
Tranche I Cases.
-- The Court also finds that the substance of the HIPAA Qualified
Protective Order for Materials Produced by Defendants or NYS
DOCCS, so-ordered by the Court in Allen suit on Nov. 2, 2021,
is
also largely applicable to the Tranche I Cases.
However, as Defendants have noted, the Court entered the Allen
Discovery Orders when the parties were engaging in discovery in
anticipation of the Court's ruling on the Plaintiffs' motions
for
class certification in Allen.
-- The Court takes Defendants' point that the Tranche I Cases are
individual damages cases whose procedural postures are distinct
from when the Court entered the Allen Discovery Orders, in that
there is presently no anticipation of a ruling on class
certification.
Accordingly, the parties shall confer and propose in the
above-captioned case and the other Tranche I Cases a protective
order that includes the relevant terms from and effects of the
Allen Discovery Orders.
However, such proposed protective order shall include language
updated both to reflect the current procedural posture of the
above-captioned case and the other Tranche I Cases and accommodate
appropriately all factual and legal developments that have occurred
in the Tranche I Cases since the Court entered the Allen Discovery
Orders.
The Court separately holds that the Protective Order Regarding
Derrick Williams, filed under seal in Allen (the "Williams
Protective Order"), remains applicable to the Tranche I Case
Williams v. Dinello, Case No. 23-cv-3608. Accordingly, the Court
will so-order the Williams Protective Order under seal in
Williams.
As requested by the Plaintiffs' counsel, the Court will hold in
abeyance Plaintiffs' request to conduct de bene esse depositions.
The Plaintiffs shall inform the Court when they wish to renew their
request.
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=fpNEJV at no extra
charge.[CC]
DAVID DINELLO: "Allen" Protective Order Applicable in Locenitt Case
-------------------------------------------------------------------
In the class action lawsuit captioned as Locenitt v. Dinello, Case
No. 23-cv-3399 (S.D.N.Y.), the Hon. Judge Loretta A. Preska entered
discovery orders as follows:
-- The Court finds that the substance of the Stipulation of
Confidentiality and Protective Order, so-ordered in Allen suit
(Case No. 19-cv-8173) on August 12, 2021, as clarified by the
order dated Dec. 13, 2021, remains largely applicable to the
Tranche I Cases.
-- The Court also finds that the substance of the HIPAA Qualified
Protective Order for Materials Produced by Defendants or NYS
DOCCS, so-ordered by the Court in Allen suit on Nov. 2, 2021,
is
also largely applicable to the Tranche I Cases.
However, as Defendants have noted, the Court entered the Allen
Discovery Orders when the parties were engaging in discovery in
anticipation of the Court's ruling on the Plaintiffs' motions
for
class certification in Allen.
-- The Court takes Defendants' point that the Tranche I Cases are
individual damages cases whose procedural postures are distinct
from when the Court entered the Allen Discovery Orders, in that
there is presently no anticipation of a ruling on class
certification.
Accordingly, the parties shall confer and propose in the
above-captioned case and the other Tranche I Cases a protective
order that includes the relevant terms from and effects of the
Allen Discovery Orders.
However, such proposed protective order shall include language
updated both to reflect the current procedural posture of the
above-captioned case and the other Tranche I Cases and accommodate
appropriately all factual and legal developments that have occurred
in the Tranche I Cases since the Court entered the Allen Discovery
Orders.
The Court separately holds that the Protective Order Regarding
Derrick Williams, filed under seal in Allen (the "Williams
Protective Order"), remains applicable to the Tranche I Case
Williams v. Dinello, Case No. 23-cv-3608. Accordingly, the Court
will so-order the Williams Protective Order under seal in Williams
Suit.
As requested by the Plaintiffs' counsel, the Court will hold in
abeyance Plaintiffs' request to conduct de bene esse depositions.
The Plaintiffs shall inform the Court when they wish to renew their
request.
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=72SpUd at no extra
charge.[CC]
DELTA PACIFIC BEVERAGE: Barcenas Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Delta Pacific
Beverage Company LLC. The case is styled as Ricardo Barcenas, an
individual and on behalf of all others similarly situated v. Delta
Pacific Beverage Company LLC, Case No. STK-CV-UOE-2024-0002385
(Cal. Super. Ct., San Joaquin Cty., Feb. 27, 2024).
The case type is stated "Unlimited Civil Other Employment."
Delta Pacific Beverage -- https://deltapacificbev.com/ -- started
in 2011 and is focused on Northern California where the craft beer
market was being underserved.[BN]
The Plaintiff is represented by:
Joshua Shirian, Esq.
SHIRIAN LAW, P.C.
DENNIS DILLON: Human TCPA Suit Removed to E.D. Missouri
-------------------------------------------------------
The case styled as Daniel Human, individually and on behalf of all
others similarly situated v. Dennis Dillon Automotive Group, Inc.
doing business as: Dennis Dillon Nissan, John and Jane Does 1
through 14, Case No. 24SL-CC00215 was removed from the Circuit
Court of St. Louis County, Missouri, to the U.S. District Court for
the Eastern District of Missouri on Feb. 28, 2024.
The District Court Clerk assigned Case No. 4:24-cv-00309-SRW to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Dennis Dillon -- https://www.dennisdillon.com/ -- is a family-owned
and operated automotive business that has been serving customers in
the Treasure Valley for over 33 years.[BN]
The Plaintiffs are represented by:
James A. Marks, II, Esq.
JAMES MARKS
25 East Frisco Ave., Suite 200
Webster Groves, MO 63119
Phone: (314) 968-3700
Email: jmarks@willcraftlegal.com
The Defendant is represented by:
Madelaine Newcomb, Esq.
THOMPSON COBURN LLP - St. Louis
One US Bank Plaza, Suite 2700
St. Louis, MO 63101
Phone: (314) 552-6000
Email: mnewcomb@thompsoncoburn.com
- and -
Paul Heeringa, Esq.
MANATT PHELPS LLP - Chicago
151 N. Franklin Street, Suite 2600
Chicago, IL 60606
Phone: (312) 529-6308
Email: pheeringa@manatt.com
DR. KELLYANN: Wallach Sues Over Unlawful and Deceptive Labeling
---------------------------------------------------------------
Karee Wallach and Tiffanye Young, on behalf of themselves, the
general public, and those similarly situated v. DR. KELLYANN LLC,
Case No. 3:24-cv-01339 (N.D. Cal., March 6, 2024), is brought
against Defendant to seek redress for its unlawful and deceptive
practices in labeling and marketing of the Dr. Kellyann brand bone
broth food products which make protein claims on the front of the
product packages but fail to include the percent of daily value for
protein in the Nutrition Facts Panel ("NFP").
Consumers are increasingly health conscious and, as a result, many
consumers seek foods high in protein. To capitalize on this trend,
Defendant prominently claims on the front of its Dr. Kellyann bone
broth product packages that the product provides a specified amount
of protein, such as "16g PROTEIN" on the Dr. Kellyann Homestyle
Flavor Bone Broth product Consumers, in turn, reasonably expect
that each product will actually provide the amount of protein
claimed on the front of the product package in a form the body can
use.
The protein source in Defendant's products is collagen, which only
contains 8 of the 9 essential amino acids. Thus, the PDCAAS is
zero. Because the PDCAAS is 0, i.e., less than 20, the Product is
required to either list that it is "not a significant source of
protein" or otherwise include a %DV for protein in the NFP, neither
of which appears on the Products, rendering the Product labels
unlawful and misleading. Accordingly, the protein claims on the
front of the Product packages, such as "16g PROTEIN" on the Dr.
Kellyann Homestyle Flavor Bone Broth product, are unlawful in
violation of parallel state and federal laws because Defendant did
not comply with the regulatory requirements for making protein
claims.
Where a product makes a protein claim, the NFP is required to
contain a statement of the corrected amount of protein per serving
calculated according to the PDCAAS methodology and expressed as a
%DV. Accordingly, the protein claims on the front of the product
packages, such as "16g PROTEIN," are unlawful in violation of
parallel state and federal laws because Defendant did not comply
with the regulatory requirements for making a protein claim.
Consumers reasonably expect that Defendant's products will actually
provide nutritionally the full amount of protein per serving
claimed on the front of the package. But Defendant's products do
not do so and instead contain low protein quality proteins. Had
Defendant included a statement of the corrected amount of protein
per serving in the NFP, as it was required to do under the law, it
would have revealed that the product contains low quality proteins
and provides nutritionally as little as 50% of their total protein
quantity. That information was material to reasonable consumers.
Defendant's unlawful and misleading protein claims caused
Plaintiffs and members of the class to pay a price premium for the
Dr. Kellyann products, says the complaint.
The Plaintiffs purchased the Defendant's food bone broth products.
The Defendant manufactures, distributes, markets, advertises, and
sells food bone broth products under the brand name "Dr.
Kellyann."[BN]
The Plaintiffs are represented by:
Seth A. Safier, Esq.
Marie A. McCrary, Esq.
Hayley A. Reynolds, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Phone: (415) 639-9090
Facsimile: (415) 449-6469
Email: seth@gutridesafier.com
marie@gutridesafier.com
hayley@gutridesafier.com
EL TORO RESOURCES: Tibbs Sues to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Wendell Tibbs, on behalf of himself and all others similarly
situated v. EL TORO RESOURCES, LLC, Case No. 5:24-cv-00212 (W.D.
Tex., Feb. 28, 2024), is brought against Defendant for violations
of the Fair Labor Standards Act ("FLSA") and to recover unpaid
overtime wages, statutory liquidated damages, and attorneys' fees.
Specifically, the Plaintiff alleges that Defendant violated the
FLSA by improperly failing to pay Pumpers/Lease Operators overtime
for all hours worked over forty in a workweek. Pumpers/Lease
Operators, including Plaintiff, routinely work in excess of forty
hours per week.
The Defendant did not--and does not pay--Plaintiff and other
Pumpers/Lease Operators time and one-half of their regular rate for
all hours worked over forty in a workweek. Instead, Defendant pays
Pumpers/Lease Operators a flat base salary. As a result, Defendant
has unlawfully withheld overtime compensation from its
Pumpers/Lease Operators, including Plaintiff, says the complaint.
The Plaintiff is a former Pumper/Lease Operator for the Defendant.
The Defendant provides oil and gas exploration services, including
geophysical exploration, legacy and current oil well testing, and
extraction of oil and gas.[BN]
The Plaintiff is represented by:
Lawrence Morales II, Esq.
Allison Sarah Hartry, Esq.
THE MORALES FIRM, P.C.
6243 W. Interstate 10, Suite 132
San Antonio, TX 78201
Phone: (210) 225-0811
Facsimile: (210) 225-0821
Email: lawrence@themoralesfirm.com
ELEVANCE HEALTH: Marshall Suit Transferred to S.D. Florida
----------------------------------------------------------
The case styled as Shontay Marshall, individually and on behalf of
all others similarly situated v. Elevance Health Inc., Case No.
1:23-cv-01326 was transferred from the U.S. District Court for the
Southern District of Indiana, to the U.S. District Court for the
Southern District of Florida on Feb. 28, 2024.
The District Court Clerk assigned Case No. 1:24-cv-20775 to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
Elevance Health, Inc. -- https://www.elevancehealth.com/ -- is an
American health insurance provider.[BN]
ELIE SAAB NY: Martinez Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Elie Saab NY, LLC.
The case is styled as Silvia Martinez, on behalf of herself and all
others similarly situated v. Elie Saab NY, LLC, Case No.
1:24-cv-01531 (E.D.N.Y., Feb. 29, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Elie Saab NY -- https://www.eliesaab.com/ -- offers the latest
ready-to-wear fashion designer clothing, dresses, accessories,
bridal and fragrances collections.[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
ELLIOTT BAY BOOK: Beauchamp Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Elliott Bay Book
Company, LLC. The case is styled as Kevin Beauchamp, on behalf of
himself and all others similarly situated v. Elliott Bay Book
Company, LLC, Case No. 1:24-cv-01427 (S.D.N.Y., Feb. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Elliott Bay Book Company, LLC -- https://www.elliottbaybook.com/ --
is a full-service, multilevel bookstore with frequent author
readings & events plus book clubs.[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
ELLIOTT PC: Vanderkodde Wins Class Certification Bid
----------------------------------------------------
In the class action lawsuit captioned as DANIEL VANDERKODDE, et
al., v. MARY JANE M. ELLIOTT, P.C., et al., Case No.
1:17-cv-00203-PLM-RSK (W.D. Mich.), the Hon. Judge Paul L. Maloney
entered an order granting the Plaintiffs' motion for class
certification.
The Plaintiffs have requested the Court approve a class based on
the uniform conduct of Defendant Elliott. The conduct allegedly
violated the Fair Debt Collection Practices Act and two Michigan
statutes. The Court finds that the allegations and the record
support Plaintiffs request and approves two classes.
The Plaintiffs allege Defendants violated the Fair Debt Collection
Practices Act (FDCPA), the Michigan Regulation of Collection
Practices Act (MRCPA) and the Michigan Occupational Code (MOC).
Specifically, the Plaintiffs contend that Defendant filed writs of
garnishment that calculated post-judgment interest at a rate not
authorized by statute.
The Plaintiffs plead that Defendants filed false communications in
the Michigan courts and sent false communications to Plaintiffs as
part of Defendants’ efforts to collect consumer debts.
The Defendants bought these debts and hired defendant Mary Jane M.
Elliott, P.C., a law firm, to represent them in collection
proceedings.
The Plaintiffs seek certification of two classes and two
subclasses.
-- Elliott Class
A class comprising: (a) every natural person; (b) against whom
a
money judgment, in a civil action to collect a debt incurred
for
personal, family, or household purposes, was entered by a
Michigan court; (c) in an action in which a written instrument
or
promissory note specifying an interest rate of more than
3.848%
was not alleged in the complaint; (d) from whom Mary Jane E.
Elliott, P.C. collected or attempted to collect a judgment
balance by communicating to any person, during the period from
April 11, 2011 to the date of class certification, that the
judgment debtor owed an amount that included judgment interest
calculated at a rate of more than 3.484%.
-- Berndt Class.
A class comprising: (a) every natural person; (b) against whom
a
money judgment, in a civil action to collect a debt incurred
for
personal, family, or household purposes, was entered by a
Michigan court; (c) in an action in which a written instrument
or promissory note specifying an interest rate of more than
3.848% was not alleged in the complaint; (d) from whom Berndt
&
Associates, P.C. collected or attempted to collect a judgment
balance by communicating to any person, during the period from
April 11, 2011 to the date of class certification, that the
judgment debtor owed an amount that included judgment interest
calculated at a rate of more than 3.484%
-- Midland Subclass.
A class comprising: (a) every natural person; (b) against whom
a
money judgment, in a civil action to collection a debt
incurred
for personal, family, or household purposes, was entered by a
Michigan court in favor of Midland Funding, LLC; (c) in an
action
in which a written instrument or promissory note specifying an
interest rate of more than 3.848% was not alleged in the
complaint; (d) from whom Mary Jane E. Elliott, P.C. or Berndt
&
Associates, P.C. collected or attempted to collect a judgment
balance by communicating to any person, during the period from
April 11, 2011 to the date of class certification, that the
judgment debtor owed an amount that included judgment interest
calculated at a rate of more than 3.484%.
-- LVNV Subclass
A class comprising: (a) every natural person; (b) against whom
a
money judgment, in a civil action to collection a debt
incurred
for personal, family, or household purposes, was entered by a
Michigan court in favor of LVNV Funding, LLC; (c) in an action
in
which a written instrument or promissory note specifying an
interest rate of more than 3.848% was not alleged in the
complaint; (d) from whom Mary Jane E. Elliott, P.C. or Berndt
&
Associates, P.C. collected or attempted to collect a judgment
balance by communicating to any person, during the period from
April 11, 2011 to the date of class certification, that the
judgment debtor owed an amount that included judgment interest
calculated at a rate of more than 3.484%.
-- Elliott/Midland Class
A class comprising of the following: (a) every natural person;
(b) against whom a money judgment, in a civil action to
collect a
debt incurred for personal, family, or household purposes, was
entered by a Michigan court in favor of Midland Funding, LLC;
(c)
in an action in which a written instrument or promissory note
specifying an interest rate of more than 3.848% was not
alleged
in the complaint; (d) from whom Mary Jane E. Elliott, P.C.
collected a judgment balance by communicating to any person,
during the period from April 11, 2011 to the date of class
certification, that the judgment debtor owed an amount that
included judgment interest calculated at a rate of more than
3.484%.
-- Elliott/LVNV Class
A class comprising: (a) every natural person; (b) against whom
a money judgment, in a civil action to collect a debt incurred
for personal, family, or household purposes, was entered by a
Michigan court in favor of LVNV Funding, LLC; (c) in an action
in
which a written instrument or promissory note specifying an
interest rate of more than 3.848% was not alleged in the
complaint; (d) from whom Mary Jane E. Elliott, P.C. collected
a
judgment balance by communicating to any person, during the
period from April 11, 2011 to the date of class certification,
that the judgment debtor owed an amount that included judgment
interest calculated at a rate of more than 3.484%.
A copy of the Court's order dated March 1, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=r5lGDZ at no extra
charge.[CC]
EMMANUEL COLLEGE: Whalen Sues Over Failure to Secure Data
---------------------------------------------------------
Casey Whalen and Luke Millspaugh, individually, and on behalf of
all others similarly situated v. EMMANUEL COLLEGE, Case No.
1:24-cv-10472-AK (D. Mass., Feb. 27, 2024), is brought on behalf of
all persons whose SPI was compromised as a result of Defendant’s
failure to: adequately protect consumers’ SPI, adequately warn
its current and former customers and potential customers of its
inadequate information security practices, and effectively monitor
its platforms for security vulnerabilities and incidents.
On January 31, 2024, Emmanuel announced publicly that on or about
April 27, 2023, it had been the recipient of a hack and
exfiltration of sensitive personal information (“SPI”)
involving eighty-nine thousand individuals who were its students,
former students, or applicants. (the “Data Breach”). Emmanuel
reported that this SPI included at least name, date of birth, GPA,
student ID, financial aid awards, and full Social Security Number.
Plaintiffs and Class members now face a present and imminent
lifetime risk of identity theft, which is heightened here by the
loss of Social Security numbers. The Plaintiffs’ and Class
members’ SPI was compromised due to Defendant’s negligent
and/or careless acts and omissions and the failure to protect the
SPI of Plaintiff and Class members. As of this writing, there exist
many class members who have no idea their SPI has been compromised,
and that they are at significant risk of identity theft and various
other forms of personal, social, and financial harm. The risk will
remain for their respective lifetimes, says the complaint.
The Plaintiffs are victims of the Data Breach.
Emmanuel College is a private not-for-profit college affiliated
with the Roman Catholic Church in Boston, Massachusetts.[BN]
The Plaintiff is represented by:
Robert J. Maselek, Jr., Esq.
MCDONOUGH COHEN & MASELEK, LLP
53 State Street, Suite 500
Boston, MA 02109
Phone: 617.742.6520 (Ext. 246)
Fax: 617.742.1393
Email: rmaselek@mcmlawfirm.com
- and -
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700
Chicago, Illinois 60604
Phone: (312) 984-0000
Fax: (212) 686-0114
Email: malmstrom@whafh.com
FOCUS UTILITY: Fails to Pay Proper Wages, Millan Suit Claims
------------------------------------------------------------
Cristobal Millan, and other similarly situated individuals,
Plaintiff v. Focus Utility Services, LLC, Defendant, Case No.
0:24-cv-60350-XXXX (S.D. Fla., February 29, 2024) seeks to recover
money damages for unpaid regular and overtime wages under the Fair
Labor Standards Act.
Focus Utility Services employed Plaintiff Cristobal Millan as a
preventive maintenance employee or serviceman from approximately
June 01, 2023, to January 12, 2024, or 32 weeks. Allegedly, the
Defendant improperly deducted lunchtime hours from Plaintiff's
wages, even though Plaintiff was never able to take bonafide lunch
breaks. As a result, Plaintiff is owed five overtime hours each
week during his entire relevant period of employment with
Defendant, says the suit.
Based in Florida, Focus Utility Services LLC is infrastructure
construction company specializing in the construction and
maintenance of septic tanks. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
FORD MOTOR: Seeks to Seal Documents Attached to Class Cert Bid
--------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM LESSIN, CAROL
SMALLEY, et al., on behalf of themselves and all others similarly
situated, v. FORD MOTOR COMPANY, a Delaware corporation; and Does 1
through 10, inclusive, Case No. 3:19-cv-01082-AJB-AHG (S.D. Cal.),
the Defendants request that the Court seal six additional documents
attached to the Plaintiffs' motion for class certification.
The six additional confidential Ford documents attached to the
Plaintiffs' Motion should be sealed because Ford has established
both good cause and compelling reasons to maintain their
confidentiality.
The Declaration of Ford engineer Benjamin Maher demonstrates the
particularized showing of specific prejudice and harm that will
likely result if these confidential documents are made public in
connection with the Plaintiffs' Motion.
Further, this Declaration demonstrates that Ford has compelling
reasons to seal the documents at issue because they are "sources of
business information that might harm a litigant's competitive
standing."
Ford Motor is an American multinational automobile manufacturer.
A copy of the Defendants' motion dated Feb. 29, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=vAS9bG at no extra
charge.[CC]
The Defendants are represented by:
Randall W. Edwards, Esq.
Amy Laurendeau, Esq.
Kelsey M. Larson, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone: (415) 984-8700
E-mail: redwards@omm.com
alaurendeau@omm.com
klarson@omm.com
FULCRUM THERAPEUTICS: Continues to Defend Celano Securities Suit
----------------------------------------------------------------
Fulcrum Therapeutics Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2024 filed with the Securities
and Exchange Commission on February 27, 2024, that the Company
continues to defend the Celano securities class suit in the United
States District Court for the District of New Jersey.
On April 28, 2023, a class action complaint was filed in the United
States District Court for the District of New Jersey against the
company and current and former officers, or the Securities Action.
On May 19, 2023, the Securities Action was transferred to the
United States District Court for the District of Massachusetts,
captioned Celano v. Fulcrum Therapeutics, Inc., et al., Case No.
1:23-cv-11125-IT.
On July 31, 2023, the court appointed a lead plaintiff, who filed
an amended complaint on September 29, 2023.
The Securities Action alleges violations of Section 10(b) of the
Exchange Act and Rule 10b-5 promulgated thereunder against all
defendants and control person violations of Section 20(a) against
the individuals, related to its February 2023 announcement that the
FDA issued a clinical hold regarding the IND application for
pociredir for the potential treatment of SCD.
The Securities Action alleges that the defendants made misleading
statements and omitted to disclose material information related to
the clinical hold and seeks, among other things, compensatory
damages in connection with an allegedly inflated stock price
between March 3, 2022, and March 8, 2023, as well as attorneys'
fees and costs.
On November 28, 2023, all defendants filed a motion to dismiss the
Securities Action, which motion is currently pending.
The Company intends to defend vigorously against this litigation.
Fulcrum Therapeutics, Inc. is focused on treatment of
genetically-defined rare diseases in areas of high unmet medical
need.
GARDENER CHEESE: Wahab Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against The Gardener Cheese
Company, Inc. The case is styled as Angela Wahab, on behalf of
herself and all others similarly situated v. The Gardener Cheese
Company, Inc., Case No. 1:24-cv-01395-VSB (S.D.N.Y., Feb. 23,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Gardener Cheese Company, Inc. --
https://www.gardnerswisconsincheese.com/ -- is a family-owned
cheese and sausage factory has been in operation for over 40
years.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
GATOS SILVER: $21M Class Settlement in Bilinsky Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL BILINSKY,
individually and on behalf of all others similarly situated, v.
GATOS SILVER, INC., STEPHEN ORR, ROGER JOHNSON, PHILIP PYLE, JANICE
STAIRS, ALI ERFAN, IGOR GONZALES, KARL HANNEMAN, DAVID PEAT,
CHARLES HANSARD, and DANIEL MUÑIZ QUINTANILLA, Case No.
1:22-cv-00453-PAB-KAS (D. Colo.), the Hon. Judge Philip A. Brimmer
entered an order granting the Plaintiffs' unopposed motion for
preliminary approval of Class settlement and authorization to
disseminate notice of settlement.
The Securities Act Settlement Class consists of:
all Persons and entities who, in domestic transactions or
on
the NYSE, purchased or otherwise acquired Gatos common
stock
pursuant or traceable to the 2020 Registration Statement or
the 2021 Registration Statement, and were damaged thereby.
The Exchange Act class consists of:
(i) all Persons and entities who purchased or otherwise
acquired
Gatos common stock listed on the NYSE, from December 9,
2020
through January 25, 2022, both inclusive, and were damaged
thereby;
(ii) all Persons and entities who, in domestic transactions,
purchased or otherwise acquired publicly traded call
options
on Gatos common stock, from December 9, 2020 through
January
25, 2022, both inclusive, and were damaged thereby; and/or
(iii) all Persons and entities who, in domestic transactions,
sold
publicly traded put options on Gatos common stock, from
Dec. 9, 2020 through Jan. 25, 2022, both inclusive, and
were
damaged thereby.
The proposed Settlement Class excludes: Defendants, the current and
Class Period officers and directors of the Company, the members of
the immediate families and the legal representatives, affiliates,
heirs, successors-in-interest, or assigns of any such excluded
person, any entity in which such excluded persons have or had a
majority interest, and the Electrum Group, LLC; provided, however,
that any "Investment Vehicle" shall not be excluded from the
Settlement Class.
The settlement agreement provides for a net settlement fund of
$21,000,000. The class members will receive pro rata shares of the
net fund based on their recognized losses in transactions in Gatos
securities.
The case arises out of the Defendants' alleged misleading
statements and omissions concerning the mineral reserves at the
Cerro Los Gatos mine in Mexico.
The Plaintiffs allege that Gatos and the individual defendants are
liable for "violations of the Securities Exchange Act of 1934 and
the Securities Act of 1933 resulting from materially false and
misleading statements, and omissions of material facts required to
be disclosed."
Gatos is a silver company focused on high-grade, large silver
deposits in geopolitically stable jurisdictions.
A copy of the Court's order dated Feb. 29, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=wcq02x at no extra
charge.[CC]
IDAHO: Appeals Ruling in Poe Child Protection Suit to Supreme Court
-------------------------------------------------------------------
Defendant Raul Labrador, Attorney General of Idaho, filed with the
Supreme Court of United States a petition for emergency application
for a stay pending appeal in the matter styled RAUL R. LABRADOR, in
his official capacity as Attorney General of the State of Idaho,
Applicant v. PAM POE, by and through her parents and next friends
Penny and Peter Poe, et al., Respondents, Case No. 23A763.
Response to application from Respondents was due February 28,
2024.
Applicant Raul Labrador seeks to review the judgment of the United
States Court of Appeals for the Ninth Circuit in the case titled
PAM POE, by and through her parents and next friends, Penny and
Peter Poe; PENNY POE; PETER POE; JANE DOE, by and through her
parents and next friends, Joan and John Doe; JOAN DOE, and JOHN
DOE, v. RAUL LABRADOR, in his official capacity as Attorney General
of the State of Idaho; JAN M. BENNETTS, in her official capacity as
Ada County Prosecuting Attorney; and the INDIVIDUAL MEMBERS OF THE
IDAHO CODE COMMISSION, in their official capacities, Case No.
24-142.
This stay application presents a recurring question that five
members of the Court have identified as warranting review: whether
a district court may facially enjoin a state law and prohibit its
enforcement against non-parties. The state-wide universal
injunction here concerns Idaho's Vulnerable Child Protection Act
(VCPA), a statute regulating a list of medical procedures used to
treat gender dysphoria in minors, and it goes far beyond any relief
the Plaintiffs needed or had standing to seek. The Plaintiffs both
want access to a single procedure, but the injunction applies to
all 20+ procedures that the VCPA regulates. The Plaintiffs are two
minors and their parents, and the injunction covers 2 million.
Idaho sought an emergency stay pending appeal, but a Ninth Circuit
motions panel denied it in a one-sentence unreasoned order. And
when Idaho sought emergency en banc review, the same three judges
denied it two days later "on behalf of" the en banc court -- a
local rule regarding unpublished motion orders permitted the
original stay panel to decide the en banc petition without
involving the other judges. The district court's injunction and the
Ninth Circuit's unreasoned orders violate controlling precedent on
the limits of equitable remedies. That violation matters because it
harms non-parties, leaving vulnerable children subject to
procedures that even Plaintiffs' experts agree are inappropriate
for some of them. Defendant Raul Labrador asked the Court to grant
a stay of the injunction pending appeal to allow Idaho to enforce
the VCPA except as to Plaintiffs.
The Defendant says that a stay pending appeal turns on four
factors: "(1) whether the stay applicant has made a strong showing
that he is likely to succeed on the merits; (2) whether the
applicant will be irreparably injured absent a stay; (3) whether
issuance of the stay will substantially injure the other parties
interested in the proceeding; and (4) where the public interest
lies."[BN]
Defendant-Petitioner RAUL R. LABRADOR, in his official capacity as
Attorney General of the State of Idaho, is represented by:
Alan Michael Hurst, Esq.
IDAHO OFFICE OF THE ATTORNEY GENERAL
700 W. Jefferson Street
Boise, ID 83720-0010
E-mail: alan.hurst@ag.idaho.gov
INTERNATIONAL YACHT: Ya Mon Sues Over Inflated Commissions
----------------------------------------------------------
YA MON EXPEDITIONS, LLC, a Wyoming limited liability corporation,
on behalf of itself and all other similarly situated, Plaintiff, v.
INTERNATIONAL YACHT BROKER'S ASSOCIATION, INC., Case No.
1:24-cv-20805-XXXX (S.D. Fla., February 29, 2024) seeks treble
damages under federal antitrust law, injunctive relief, and the
costs of this lawsuit, including reasonable attorney's fees, and
demands a trial by jury.
The Plaintiff alleges that the Defendants conspired to require
Plaintiff and the putative class members to pay the broker
representing the buyer of their vessels, and to pay an inflated
amount. Defendants, including but not limited to Boats Group, LLC,
require brokers that list vessels on the Member Listing Service
(MLS) pages to follow the Buyer-Broker Commission Rule, which
accordingly operates to restrain price competition among
buyer-brokers. The Defendants and their co-conspirators, through
their control of the MLSs, collectively possess the power to
command the illicit buyer-brokerage commissions, forcing yacht
sellers to bear an inflated cost that would in a competitive market
be borne by the buyer, says the Plaintiff.
Headquartered in Miami, FL, International Yacht Broker's
Association, Inc. has over 1,900 members and is the largest yacht
brokers association in the country. It owns yachtbroker.org, one of
the largest yacht MLS pages in the country. [BN]
The Plaintiff is represented by:
Ricardo M. Martinez-Cid, Esq.
Lea P. Bucciero, Esq.
Matthew Weinshall, Esq.
PODHURST ORSECK, P.A.
1 SE 3rd Avenue, Suite 2300
Miami, FL 33131
Telephone: (305) 358-2800
Facsimile: (305) 358-2382
E-mail: LBucciero@podhurst.com
MWeinshall@podhurst.com
RMCTeam@podhurst.com
- and-
Kevin D. Neal, Esq.
William F. King, Esq.
Kenneth N. Ralston, Esq.
GALLAGHER & KENNEDY, P.A.
2575 East Camelback Road
Phoenix, AZ 85016-9225
Telephone: (602) 530-8000
E-mail: kevin.neal@gknet.com
bill.king@gknet.com
ken.ralston@gknet.com
- and -
Hunter Shkolnik, Esq.
NAPOLI SHKOLNIK
1302 Avenida Ponce de Leon, Santurce
Puerto Rico 00907
Telephone: (787) 493-5088
E-mail: Hunter@nsprlaw.com
- and -
Salvatore C. Badala, Esq.
NAPOLI SHKOLNIK PLLC
400 Broadhollow Rd, Suite 305
Melville, NY 11747
Telephone: (212) 397-1000 Ext. 1045
E-mail: SBadala@NapoliLaw.com
KIRIN TRANSPORTATION: Zhou Suit Removed to E.D. New York
--------------------------------------------------------
The case captioned as Fuming Zhou, on his own behalf and on behalf
of others similarly situated v. KIRIN TRANSPORTATION INC. et al.
d/b/a Kirin Transportation, Case No. 725796/2022 was removed from
the Supreme Court of the State of New York, County of Queens, to
the U.S. District Court for the Eastern District of New York on
Feb. 27, 2024, and assigned Case No. 1:24-cv-01468.
The Plaintiff alleges causes of actions based on the New York Labor
Law and the New York Codes, Rules and Regulations.[BN]
The Defendants are represented by:
Joshua D Kienitz, Esq.
Courtney Chambers, Esq.
Harman S Deol, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Fax: 925.946.9809
Email: jkienitz@littler.com
cchambers@littler.com
hdeol@littler.com
L&J HEALTHCARE: Rhodes Sues Over Labor Law Violations
-----------------------------------------------------
KAITLYN RHODES, on behalf of herself and all others
similarly-situated, Plaintiff v. L & J HEALTHCARE, LLC DBA ADAMS
RECOVERY CENTER -and- LORI HIGHLANDER, Defendants, Case No.
1:24-cv-00102-DRC (S.D. Ohio, February 29, 2024) arises from the
Defendants' violations of the Fair Labor Standards Act and the Ohio
Constitution for their unlawful retaliation based on Plaintiff's
protected complaints about unpaid overtime.
Plaintiff Rhodes has been employed by the Defendant since January
4, 2024. She regularly worked greater than 40 hours per week.
However, she was not paid overtime on all hours she worked. After
Plaintiff complained about the nonpayment of overtime and the break
deduction policy, she was unlawfully terminated from work, says the
Plaintiff.
Based in Brown County, Ohio, L&J Healthcare owns and operates
"Adams Recovery Center," an addiction and sobriety recovery center
that offers both outpatient services and a residential program.
[BN]
The Plaintiff is represented by:
Chris Wido, Esq.
SPITZ, THE EMPLOYEE'S ATTORNEY
25825 Science Park Drive, Suite 200
Beachwood, OH 44122
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: Chris.Wido@Spitzlawfirm.com
LABOR SKATEBOARD SHOP: Black Files ADA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Labor Skateboard
Shop, Inc. The case is styled as Jahron Black, on behalf of himself
and all others similarly situated v. Labor Skateboard Shop, Inc.,
Case No. 1:24-cv-01360 (E.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Labor Skateboard Shop, Inc. -- https://laborskateshop.com/ -- is a
skateboard shop located where the Lower East Side of Manhattan
meets Chinatown.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
LEE THOMPSON & FAWCETT: Knowles Files ADA Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Lee Thompson &
Fawcett Company. The case is styled as Carlton Knowles, on behalf
of himself and all other persons similarly situated v. Lee Thompson
& Fawcett Company, Case No. 1:24-cv-01460 (S.D.N.Y., Feb. 26,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lee Thompson & Fawcett Company doing business as Bell-View Brand
Foods -- https://www.bellview.com/ -- is a fourth-generation,
family owned and operated business that provides quality foods and
service.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
LENS.COM: Gonneville Files Suit in Mass. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Lens.com. The case is
styled as Angela Gonneville, individually and on behalf of all
others similarly situated v. Lens.com, Case No. 2484CV00531 (Mass.
Super. Ct., Suffolk Cty., Feb. 23, 2024).
The case type is stated as "Torts for Other Tortious Action."
Lens.com -- https://www.lens.com/ -- is an online retailer of
contact lenses. They offer a wide variety of lenses from different
brands, at competitive prices.[BN]
The Plaintiff is represented by:
Andrew J. Garcia, Esq.
Carlin John Phillips, Esq.
PHILLIPS AND GARCIA
PC 13 Ventura Drive
Dartmouth, MA 02747
LEXINGTON MEDICAL: Sutherland Sues Over Failure to Safeguard PII
----------------------------------------------------------------
Michelle Lynn Sutherland, individually, and on behalf of all others
similarly situated v. LEXINGTON MEDICAL CENTER, Case No.
3:24-cv-01016-SAL (D.S.C., Feb. 28, 2024), is brought seeking
relief for the consequences of LMC's failure to reasonably
safeguard Plaintiff's and Class members' Private Information; its
failure to reasonably provide timely notification to Plaintiff and
Class members that their Private Information had been compromised;
and for LMC's failure to inform Plaintiff and Class members
concerning the status, safety, location, access, and protection of
their Private Information.
LMC collects, maintains, and stores highly sensitive personal and
medical information belonging to its patients, including, but not
limited to their full names, Social Security numbers, dates of
birth, (collectively, "personally identifying information" or
"PII"), medical record numbers, health insurance information, and
other protected health information (collectively, "private health
information" or "PHI"), (collectively, "Private Information").
On October 4, 2023, LMC experienced a data breach incident in which
unauthorized cybercriminals accessed one LMC employee's email
account and individual data drive which included Private
Information belonging to Plaintiff and Class members (the "Data
Breach"). On January 18, 2024, a subsequent investigation by LMC
determined that this employee's email account and data drive
contained a number of files that included the Private Information
concerning Plaintiff and Class members. On February 12, 2024, LMC
sent a notice to individuals whose information was accessed in the
Data Breach (the "Data Breach Notice").
Because LMC stored and handled Plaintiff's and Class members'
highly sensitive Private Information, it had a duty and obligation
to safeguard this information and prevent unauthorized third
parties from accessing this data.
Ultimately, LMC failed to fulfill this obligation, as unauthorized
cybercriminals breached LMC's information systems and databases and
had access to vast quantities of Private Information belonging to
LMC's patients, including Plaintiff and Class members. The Data
Breach was the direct, proximate, and foreseeable results of
multiple failings on the part of LMC. The Data Breach occurred
because LMC failed to implement reasonable security protections to
safeguard its information systems and databases. Moreover, before
the Data Breach occurred, LMC failed to inform the public that its
data security practices were deficient and inadequate. Had
Plaintiff and Class members been made aware of this fact, they
would have never provided such information to LMC, says the
complaint.
The Plaintiff Sutherland was a patient at LMC. Plaintiff Sutherland
received LMC's Data Breach Notice.
Lexington Medical Center is a healthcare network based out of West
Columbia, South Carolina that includes a teaching hospital, five
medical centers, seventy doctor's offices, an occupational health
center, and a specialized care center for Alzheimer's.[BN]
The Plaintiff is represented by:
James M. Griffin, Esq.
Margaret N. Fox, Esq.
GRIFFIN HUMPHRIES, LLC
4408 Forest Dr., Suite 300
P.O. Box 999 (29202)
Columbia, SC 29206
Phone: (803) 744-0800
Email: jgriffin@griffinhumphries.com
mfox@griffinhumphries.com
- and -
Badge Humphries, Esq.
GRIFFIN HUMPHRIES, LLC
2113 Middle Street, Suite 305
Sullivan's Island, SC 29482
Phone: (843) 883-7444
Email: bhumphries@griffinhumphries.com
- and -
Daniel O. Herrera, Esq.
Nickolas J. Hagman, Esq.
Mohammed A. Rathur, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
135 S. LaSalle, Suite 3210
Chicago, IL 60603
Phone: (312) 782-4880
Facsimile: (312) 782-4485
Email: dherrera@caffertyclobes.com
nhagman@caffertyclobes.com
mrathur@caffertyclobes.com
LGCY POWER: Valley Sues Over Unpaid Overtime Compensation
---------------------------------------------------------
Stephanie Valley, individually and on behalf of all persons
similarly situated v. LGCY POWER, LLC, Case No. 2:24-cv-00148 (D.
Utah, Feb. 27, 2024), is brought seeking all available remedies
under the Fair Labor Standards Act of 1938 (“FLSA”) and
applicable South Carolina wage-and-hour laws as a result of failure
to pay overtime compensation.
As a door-to-door Appointment Setter, Plaintiff routinely worked in
excess of 40 hours per week. Plaintiff conducted door-to-door
marketing Monday through Saturday. From June 2023 to October 2023,
Plaintiff worked as an Appointment Setter conducting marketing and
appointment setting for Defendant’s sales closer within retail
stores, including within 4 Home Depot locations. As a retail
Appointment Setter, Plaintiff routinely worked in excess of 40
hours per week.
The Plaintiff did not receive an hourly wage when she was a door-to
door Appointment Setter or a retail Appointment Setter. Instead,
like all of Defendant’s Appointment Setters, Plaintiff was paid
by LGCY Power through commissions. During her tenure with LGCY
Power, as both a door-to-door and retail Appointment Setter,
Plaintiff regularly worked over 40 hours per week. However,
approximately every other week Plaintiff did not receive any
commissions and thus no pay at all. Plaintiff’s paychecks never
included overtime compensation, says the complaint.
The Plaintiff Valley worked for Defendant as an Appointment Setter
in South Carolina from October 2021 to October 2023.
LGCY Power is in the business of marketing and selling residential
solar energy systems.[BN]
The Plaintiff is represented by:
April L. Hollingsworth, Esq.
Katie Panzer, Esq.
HOLLINGSWORTH LAW OFFICE, LLC
1881 South 1100 East
Salt Lake City, Utah 84105
Phone: (801)415-9909
Facsimile: (801) 303-7324
Email: april@aprilhollingsworthlaw.com
katie@aprilhollingsworthlaw.com
- and -
Alexandra K. Piazza, Esq.
Camille Fundora Rodriguez, Esq.
Olivia Lanctot, Esq.
Mariyam Hussain, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3000
Fax: (215) 875-4604
Email: apiazza@bm.net
crodriguez@bm.net
olanctot@bm.net
mhussain@bm.net
LIGHT & WONDER: Continues to Defend Giuliana & Rancho's Class Suit
------------------------------------------------------------------
Light & Wonder Inc. disclosed in its Form 10-K Report for the
fiscal period ending December 31, 2023 filed with the Securities
and Exchange Commission on February 27, 2023, that the Company
continues to defend itself from the Giuliana and Rancho's Club
class suit in the United States District Court for the Northern
District of Illinois.
On September 4, 2020, Alfred T. Giuliano, as liquidation trustee
for RIH Acquisition NJ, LLC d/b/a The Atlantic Club Casino Hotel
filed a putative class action complaint in the United States
District Court for the Northern District of Illinois against L&W,
Bally Technologies, Inc. and LNW Gaming, Inc., f/k/a Bally Gaming,
Inc.
In the complaint, the plaintiffs assert federal antitrust claims
arising from the defendants' procurement of particular U.S.
patents.
The plaintiffs allege that the defendants used those patents to
create an allegedly illegal monopoly in the market for automatic
card shufflers sold or leased in the United States.
The plaintiffs seek to represent a putative class of all persons
and entities that directly purchased or leased automatic card
shufflers within the United States from the Defendants, or any
predecessor, subsidiary, or affiliate thereof, at any time between
April 1, 2009, and the present.
The complaint seeks unspecified money damages, which the complaint
asks the court to treble, the award of plaintiff's costs of suit,
including attorneys' fees, and the award of pre-judgment and
post-judgment interest.
On September 8, 2020, Rancho's Club Casino, Inc., d/b/a Magnolia
House Casino filed a putative class action complaint in the United
States District Court for the Northern District of Illinois against
L&W, Bally Technologies, Inc. and LNW Gaming, Inc., f/k/a Bally
Gaming, Inc.
In the complaint, the plaintiff asserts federal antitrust claims
arising from the defendants' procurement of particular U.S.
patents.
The plaintiff alleges that the defendants used those patents to
create an allegedly illegal monopoly in the market for automatic
card shufflers sold or leased in the United States.
The plaintiff seeks to represent a putative class of all persons
and entities that directly purchased or leased automatic card
shufflers within the United States from the defendants, or any
predecessor, subsidiary, or affiliate thereof, at any time between
April 1, 2009, and the present.
The complaint seeks unspecified money damages, which the complaint
asks the court to treble, the award of plaintiff's costs of suit,
including attorneys' fees, and the award of pre-judgment and
post-judgment interest.
On October 29, 2020, the trial court consolidated the Giuliano and
Rancho’s Club Casino matters.
On October 30, 2020, the plaintiffs in the consolidated action
filed a first amended consolidated complaint.
On November 9, 2020, the defendants filed a motion to dismiss the
plaintiffs' first amended consolidated complaint, and also filed a
motion to compel arbitration of plaintiff Alfred T. Giuliano's
individual claims.
On May 19, 2022, the Illinois district court granted defendants'
motion to compel arbitration; stayed all proceedings in the lawsuit
pending resolution of the arbitral process; and accordingly
dismissed all pending motions without prejudice.
On May 31, 2022, defendants filed a motion to lift the stay of the
lawsuit for the limited purpose of amending the court's May 19,
2022 order to confirm that plaintiff Alfred T. Giuliano must
proceed to arbitration on an individual basis rather than a
class-wide basis.
On June 10, 2022, plaintiff Alfred T. Giuliano filed a notice of
voluntary dismissal without prejudice, and the court therefore
denied as moot defendants' motion to lift the stay in an order
entered on March 28, 2023.
The Company is currently unable to determine the likelihood of an
outcome or estimate a range of reasonably possible losses, if any.
The Company believes that the claims in the consolidated lawsuit
are without merit, and intends to vigorously defend against them.
Light & Wonder, Inc. is a cross-platform global games company with
a focus on content and digital markets which includes supplying
game content and gaming machines, casino-management systems and
table game products and services to licensed gaming entities;
providing social casino and other mobile games, including casual
gaming, to retail customers; and providing a comprehensive suite
of digital gaming content, distribution platforms, player account
management systems, as well as various other iGaming content and
services.
LIMETREE BAY: Court to Grant Bid to Amend Boynes Class Action Sui
-----------------------------------------------------------------
In the class action lawsuit captioned as CLIFFORD BOYNES, et al.,
v. LIMETREE BAY VENTURES, LLC, et al., Case No. 2021-0253 (D.V.I.),
the Hon. Judge Wilma Lewis will grant the Plaintiffs' motion to
amend and consolidate.
The Plaintiffs in each action shall be granted leave to amend them
Complaints through the filing of the Proposed CAC.
In addition, the four actions in this case will be consolidated for
all purposes and the Proposed CAC shall serve as the operative
complaint in the consolidated actions.
The Court shall designate the Boynes case as the lead docket in
which all filings will be placed.
Ultimately, the Court finds that these actions have the necessary
common issues of law and fact to support consolidation. The four
actions, as amended, raise the same causes of action and factual
allegations against the same set of Defendants. Permitting four
nearly identical actions to proceed separately would unquestionably
waste judicial resources.
The Plaintiffs in the four cases claim injuries stemming from the
release events, principally relating to alleged contamination of
them properties and cisterns with petroleum products.
On Sept. 21, 2023, the Plaintiffs filed the instant motion to amend
and consolidate.
Limetree provides oil and gas transportation services.
A copy of the Court's memorandum opinion dated March 1, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=7TZ3Kq
at no extra charge.[CC]
LIMETREE BAY: Court to Grant Bid to Amend Charles Class Suit
------------------------------------------------------------
In the class action lawsuit captioned as FRANCIS E. CHARLES and
THERESA J. CHARLES, v. LIMETREE BAY VENTURES, LLC, et al., Case No.
2021-0260 (D.V.I.), the Hon. Judge Wilma Lewis will grant the
Plaintiffs' motion to amend and consolidate.
The Plaintiffs in each action shall be granted leave to amend them
Complaints through the filing of the Proposed CAC.
In addition, the four actions in this case will be consolidated for
all purposes and the Proposed CAC shall serve as the operative
complaint in the consolidated actions.
The Court shall designate the Boynes case as the lead docket in
which all filings will be placed.
Ultimately, the Court finds that these actions have the necessary
common issues of law and fact to support consolidation. The four
actions, as amended, raise the same causes of action and factual
allegations against the same set of Defendants. Permitting four
nearly identical actions to proceed separately would unquestionably
waste judicial resources.
The Plaintiffs in the four cases claim injuries stemming from the
release events, principally relating to alleged contamination of
them properties and cisterns with petroleum products.
On Sept. 21, 2023, the Plaintiffs filed the instant motion to amend
and consolidate.
Limetree provides oil and gas transportation services.
A copy of the Court's memorandum opinion dated March 1, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=mli3Zd
at no extra charge.[CC]
LIMETREE BAY: Court to Grant Bid to Amend Cotton Class Complaint
----------------------------------------------------------------
In the class action lawsuit captioned as BEECHER COTTON, et al., v.
LIMETREE BAY VENTURES, LLC, et al., Case No. 2021-0261 (D.V.I.),
the Hon. Judge Wilma Lewis will grant the Plaintiffs' motion to
amend and consolidate.
The Plaintiffs in each action shall be granted leave to amend them
Complaints through the filing of the Proposed CAC.
In addition, the four actions in this case will be consolidated for
all purposes and the Proposed CAC shall serve as the operative
complaint in the consolidated actions.
The Court shall designate the Boynes case as the lead docket in
which all filings will be placed.
Ultimately, the Court finds that these actions have the necessary
common issues of law and fact to support consolidation. The four
actions, as amended, raise the same causes of action and factual
allegations against the same set of Defendants. Permitting four
nearly identical actions to proceed separately would unquestionably
waste judicial resources.
The Plaintiffs in the four cases claim injuries stemming from the
release events, principally relating to alleged contamination of
them properties and cisterns with petroleum products.
On Sept. 21, 2023, the Plaintiffs filed the instant motion to amend
and consolidate.
Limetree provides oil and gas transportation services.
A copy of the Court's memorandum opinion dated March 1, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=FIHzky
at no extra charge.[CC]
LIMETREE BAY: Court to Grant Bid to Amend Shirley Class Suit
------------------------------------------------------------
In the class action lawsuit captioned as HELEN SHIRLEY, et al., v.
LIMETREE BAY VENTURES, LLC, et al., Case No. 2021-0259 (D.V.I.),
the Hon. Judge Wilma Lewis will grant the Plaintiffs' motion to
amend and consolidate.
The Plaintiffs in each action shall be granted leave to amend them
Complaints through the filing of the Proposed CAC.
In addition, the four actions in this case will be consolidated for
all purposes and the Proposed CAC shall serve as the operative
complaint in the consolidated actions.
The Court shall designate the Boynes case as the lead docket in
which all filings will be placed.
Ultimately, the Court finds that these actions have the necessary
common issues of law and fact to support consolidation. The four
actions, as amended, raise the same causes of action and factual
allegations against the same set of Defendants. Permitting four
nearly identical actions to proceed separately would unquestionably
waste judicial resources.
The Plaintiffs in the four cases claim injuries stemming from the
release events, principally relating to alleged contamination of
them properties and cisterns with petroleum products.
On Sept. 21, 2023, the Plaintiffs filed the instant motion to amend
and consolidate.
Limetree provides oil and gas transportation services.
A copy of the Court's memorandum opinion dated March 1, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=IbJrZ9
at no extra charge.[CC]
LOUIS TANNEN INC: Martin Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Louis Tannen, Inc.
The case is styled as Damian Martin, on behalf of himself and all
others similarly situated v. Louis Tannen, Inc., Case No.
1:24-cv-01373 (E.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Louis Tannen, Inc. doing business as Tannen's Magic --
https://www.tannens.com/ -- is a world-renowned purveyor of Magic
Tricks, Books, Illusions, and Apparatus.[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
LOWE'S HOME CENTERS: Carrillo Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Lowe's Home Centers,
LLC. The case is styled as Bernice Carrillo, an individual, on
behalf of herself and all others similarly situated v. Lowe's Home
Centers, LLC, Case No. STK-CV-UOE-2024-0002346 (Cal. Super. Ct.,
San Joaquin Cty., Feb. 26, 2024).
The case type is stated "Unlimited Civil Other Employment."
Lowe's Home Centers Inc. -- https://www.lowes.com/ -- retails home
improvement, building materials, and home appliances.[BN]
LOWES COMPANIES: Frost Files ADA Suit in D. Minnesota
-----------------------------------------------------
A class action lawsuit has been filed against Lowes Companies, Inc.
The case is styled as Clarence Frost, Tammy Frost, individually and
on behalf of all others similarly situated v. Lowes Companies,
Inc., Case No. 0:24-cv-00579-JWB-LIB (D. Minn., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lowe's Companies, Inc. -- http://www.lowes.com/-- is an American
retail company specializing in home improvement.[BN]
The Plaintiffs are represented by:
Jason D. Gustafson, Esq.
Patrick W. Michenfelder, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
LUCID GROUP INC: Continues to Defend CCIV/Lucid Motors Class Suit
-----------------------------------------------------------------
Lucid Group Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2023 filed with the Securities and
Exchange Commission on February 27, 2023, that the Company
continues to defend itself from the CCIV/Lucid Motors securities
class suit in the the Northern District of California.
On April 18, 2021, two individual actions and two putative class
actions were filed in federal courts in Alabama, California, New
Jersey and Indiana, asserting claims under the federal securities
laws against the Company (f/k/a Churchill Capital Corp IV), its
wholly-owned subsidiary, Atieva, Inc. ("Lucid Motors"), and certain
current and former officers and directors of the Company, generally
relating to the Merger.
On September 16, 2021, the plaintiff in the New Jersey action
voluntarily dismissed that lawsuit.
The remaining actions were ultimately transferred to the Northern
District of California and consolidated under the caption, In re
CCIV / Lucid Motors Securities Litigation, Case No.
4:21-cv-09323-YGR (the "Consolidated Class Action").
On December 30, 2021, lead plaintiffs in the Consolidated Class
Action filed a revised amended consolidated complaint (the
"Complaint"), which asserts claims under Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 on behalf of a putative
class of shareholders who purchased stock in CCIV between February
5, 2021 and February 22, 2021.
The Complaint names as defendants Lucid Motors and the Company’s
chief executive officer, and generally alleges that, prior to the
public announcement of the Merger, defendants purportedly made
false or misleading statements regarding the expected start of
production for the Lucid Air and related matters.
The Complaint seeks certification of the action as a class action
as well as compensatory damages, interest thereon, and attorneys'
fees and expenses.
The District Court granted defendants' motion to dismiss on January
11, 2023, with plaintiffs being provided the ability to seek leave
to amend.
On June 29, 2023, the District Court denied plaintiffs' motion for
leave to amend, dismissed the lawsuit and terminated the case.
On July 28, 2023, plaintiffs appealed the District Court's
decisions to the Ninth Circuit Court of Appeals.
Currently, the parties are litigating the case on appeal.
Lucid Group, Inc. is a technology and automotive company focused
on
designing, developing, manufacturing, and selling the next
generation of electric vehicles, EV powertrains and battery
systems.
LUCID GROUP INC: Continues to Defend Consolidated Class Suit
------------------------------------------------------------
Lucid Group Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2023 filed with the Securities and
Exchange Commission on February 27, 2023, that the Company
continues to defend itself from the consolidated securities class
suit in the the Northern District of California.
On April 1, 2022 and May 31, 2022, two alleged shareholders filed
putative class actions under the federal securities laws against
Lucid Group, Inc. and certain officers of the Company relating to
alleged statements, updated projections and guidance provided in
the late 2021 to early 2022 timeframe.
The complaints, which were filed in the Northern District of
California, are captioned Victor W. Mangino v. Lucid Group, Inc.,
et al., Case No. 3:22-cv-02094-JD, and Anant Goel v. Lucid Group,
Inc., et al., Case No. 3:22-cv-03176-JD.
The two matters were consolidated into one action, entitled In re
Lucid Group, Inc. Securities Litigation, Case No. 22-cv-02094-JD.
The consolidated complaint names as defendants Lucid Group, Inc.
and the Company's chief executive officer and chief financial
officer, and generally allege that defendants purportedly made
false or misleading statements regarding delivery and revenue
projections and related matters between November 15, 2021 and
August 3, 2022.
The consolidated complaint seeks certification of the action as a
class action, as well as compensatory damages, interest thereon,
and attorneys' fees and expenses.
Defendants filed a Motion to Dismiss on February 23, 2023, which is
pending before the court.
Defendants believe that the plaintiffs' claims are without merit
and intends to defend themselves vigorously, but they cannot ensure
that their efforts to dismiss the consolidated complaint will be
successful or that they will avoid liability in this matter.
Lucid Group, Inc. is a technology and automotive company focused
on
designing, developing, manufacturing, and selling the next
generation of electric vehicles, EV powertrains and battery
systems.
LUSTER PRODUCTS: Wahab Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Luster Products, Inc.
The case is styled as Angela Wahab, on behalf of herself and all
others similarly situated v. Luster Products, Inc., Case No.
1:24-cv-01399 (S.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Luster Products Inc. -- https://lusterproducts.com/ -- manufactures
quality hair and personal care products which are sold throughout
the U.S. and internationally.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
MAGNESS NYC INC: Toro Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Magness NYC, Inc. The
case is styled as Andrew Toro, on behalf of himself and all others
similarly situated v. Magness NYC, Inc., Case No.
1:24-cv-01394-MMG-RFT (S.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Magness NYC, Inc. doing business as Studio Magness --
https://studiomagness.com/ -- is an interior design firm founded by
architectural designer Sarah Magness.[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
MARISSA'S BOOKS & GIFTS: Beauchamp Files ADA Suit in S.D. New York
------------------------------------------------------------------
A class action lawsuit has been filed against Marissa's Books &
Gifts, LLC. The case is styled as Kevin Beauchamp, on behalf of
himself and all others similarly situated v. Marissa's Books &
Gifts, LLC, Case No. 1:24-cv-01428 (S.D.N.Y., Feb. 26, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Marissa's Books -- https://marissasbooks.com/ -- sells new, used,
vintage children's, and adult books at a fraction of their original
listed price.[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
MARU SPORTS INC: Colak Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Maru Sports, Inc. The
case is styled as Ali Colak, on behalf of himself and all others
similarly situated v. Maru Sports, Inc., Case No. 2:24-cv-01368
(E.D.N.Y., Feb. 23, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
MARU is a sport & entertainment company that helps brands deliver
brand essence through sports and entertainment.[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
MI FONDITA: Reyes Sues Over Unpaid Overtime Wages
-------------------------------------------------
ELVIS REYES, and other similarly situated individuals, Plaintiff v.
MI FONDITA CAFETERIA/ RESTAURANT, INC. d/b/a La Fondita Mexicana &
Taco Shop, and MARVIN A. HERRERA, Defendants, Case No.
0:24-cv-60336-XXXX (S.D. Fla., February 29, 2024) seeks to recover
money damages for unpaid overtime wages under the Fair Labor
Standards Act.
The Plaintiff was employed by the Defendant as Cook from 1/15/2019
until his wrongful termination on or about 11/28/2023. He worked on
average 63-90 hours per week for the Defendants. However,
Defendants never paid him overtime for hours in excess of 40 per
week, says the Plaintiff.
Mi Fondita Cafeteria/Restaurant, Inc. is a Mexican restaurant in
Broward County, Florida. [BN]
The Plaintiff is represented by:
R. Martin Saenz, Esq.
THE SAENZ LAW FIRM, P.A.
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 482-1475
E-mail: martin@legalopinionusa.com
PEERSTAR LLC: Palasz Sues Over Private Data Breach
--------------------------------------------------
MILES E. PALASZ, on behalf of himself and all others similarly
situated, Plaintiff v. PEERSTAR, LLC, Defendant, Case No. 240203385
(Ct. Com. Pl., Philadelphia Cty., February 29, 2024) arises from
Defendant's failure to protect highly sensitive information of its
current and former employees and patients.
The Plaintiff asserts claims for negligence, negligence per se,
breach of implied contract, invasion of privacy, unjust enrichment,
and breach of confidence.
From February 22, 2023, to March 3, 2023, Defendant was hacked but
it was unable to notice its own data breach until May 17, 2023 -- a
full 84 days after the data breach began. In total, Defendant
injured at least 11,438 persons -- via the exposure of their
personally identifiable information and personal health information
-- in the data breach. However, Defendant waited over until October
16, 2023, before it began notifying the class -- a full 152 days
after the data breach was discovered, says the Plaintiff.
Headquartered in Johnstown, PA, Peerstar, LLC provides behavioral
and support services to individuals with mental health and
substance use disorders throughout Pennsylvania. [BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI & BENDESKY P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 496-8282
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
Brittany Resch, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
SOUTHERN DEVELOPMENT: Gonzalez Sues Over Unpaid Wages, Retaliation
------------------------------------------------------------------
Jorge Gonzalez, and other similarly situated individuals, Plaintiff
v. Southern Development & Construction, Inc., Defendant, Case No.
6:24-cv-00421 (M.D. Fla., February 29, 2024) seeks to recover from
Defendant overtime compensation, retaliatory damages, liquidated
damages, costs, and reasonable Attorney's fees under the provisions
of the Fair Labor Standards Act.
Southern Development & Construction, Inc. employed Plaintiff
Gonzalez as a non-exempted, full-time employee from approximately
April 25, 2022, to March 24, 2023. Allegedly, SDC deducted 30
minutes as lunchtime daily, regardless of whether Plaintiff could
take lunch or not. After Plaintiff complained about the unfair
deduction of 30 minutes of lunchtime, the Defendant fired him, the
suit asserts.
Based in Florida, Southern Development & Construction, Inc. is a
construction company that provides services to commercial and
residential clients. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, PA.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
TREASURE COAST: Fails to Pay OT Wages, Santiago Suit Alleges
------------------------------------------------------------
Mary Santiago, and other similarly situated individuals, Plaintiff
v. Treasure Coast Classical Academy, Inc., Defendant, Case No.
2:24-cv-14058-XXXX (S.D. Fla., February 29, 2024) seeks to recover
monetary damages for unpaid overtime hours and retaliation under
the Fair Labor Standards Act.
The Plaintiff was a custodian providing her services for a charter
school serving students from kindergarten, elementary, and
secondary school. She worked 45 hours weekly, but she was paid only
for 40 regular hours. Among other things, she was paid bi-weekly by
direct deposits and paystubs that did not provide accurate
information about the number of hours worked during the week, says
the suit.
Located in Stuart, FL, Treasure Coast Classical Academy is a
charter school serving students from kindergarten to 12th grade.
[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
TRIUMPH CONSTRUCTION: Solano & Benitez Sue Over Labor Law Breaches
------------------------------------------------------------------
HECTOR SOLANO and HECTOR SOLANO BENITEZ, individually and on behalf
of all others similarly situated, Plaintiffs v. TRIUMPH
CONSTRUCTION CORP., TOP SET TRUCKING CORP., BRITTANY CUZZI,
DOMINICK CUZZI, and MICHAEL CUZZI, Jointly and Severally,
Defendants, Case No. 1:24-cv-01542 (S.D.N.Y., February 29, 2024)
accuses the Defendants of violating the Fair Labor Standards Act
and the New York Labor Law.
Throughout their employment with the Defendants, the Plaintiffs
typically worked for more than 40 hours per week. However, they did
not receive legally-required overtime premium payments for all
hours worked in excess of 40 hours per week. Accordingly,
Plaintiffs bring this action to recover unpaid overtime premium pay
owed to them pursuant to both the FLSA and the NYLL, as well as
unpaid regular wages for hours worked during non-overtime weeks,
pursuant to the NYLL. They also bring claims for unreimbursed
business expenses, consisting of traffic violation amounts they
were automatically deducted from their wage payments for traffic
tickets they received during their work shifts, says the suit.
Headquartered in Bronx, NY, Triumph is construction corporation
serving the New York metropolitan area as a major utility
contractor for both the public and private sectors. The company to
provides construction, repair and maintenance of sewers, water
mains, and other infrastructure and street construction work on
public streets and roadways. [BN]
The Plaintiffs are represented by:
Brent E. Pelton, Esq.
Taylor B. Graham, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Telephone: (212) 385-9700
Website: www.peltongraham.com
WHATABURGER RESTAURANTS: Sanders Sues Over Unpaid Post-Shift Work
-----------------------------------------------------------------
FELISHA SANDERS, individually and on behalf of similarly situated
persons, Plaintiff v. WHATABURGER RESTAURANTS LLC, d/b/a
WHATABURGER, Defendant, Case No. 3:24-cv-00227 (M.D. Tenn.,
February 29, 2024) seeks a declaratory judgment, monetary damages,
liquidated damages, prejudgment interest, and a reasonable
attorney's fee and costs as a result of Defendant's policies and
practice of failing to pay sufficient wages and proper overtime
compensation under the Fair Labor Standards Act.
The Defendant employed Plaintiff as an hourly-paid, admittedly
non-exempt worker from approximately late June 2023 until December
2023. As an hourly-paid employee, Plaintiff was entitled to be paid
each hour that was worked on Defendant's behalf. Instead of
following the FLSA, Plaintiff and other similarly situated workers
were regularly required to clock out at the end of their scheduled
shift time but continue working. In addition, Plaintiff was not
compensated for this required, post-shift work, says the suit.
Whataburger Restaurants LLC owns and operates restaurants
throughout the United States. [BN]
The Plaintiff is represented by:
J. Forester, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
E-mail: jay@foresterhaynie.com
- and -
Heather Moore Collins, Esq.
HMC CIVIL RIGHTS LAW PLLC
7000 Executive Center Dr., Suite 320
Brentwood, TN 37027
Telephone: (615) 724-1996
Facsimile: (615) 691-7019
E-mail: heather@hmccivilrights.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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