/raid1/www/Hosts/bankrupt/CAR_Public/240325.mbx
C L A S S A C T I O N R E P O R T E R
Monday, March 25, 2024, Vol. 26, No. 61
Headlines
AG ADRIANO: Villaverde Sues Over Unsolicited Text Messages
AIMMUNE THERAPEUTICS: Germano Suit Seeks to Certify Class Action
ALABAMA: A.A. Suit Seeks to Certify Class of Children
ALLSTATE INSURANCE: Court Endorses Denial of Sayles Class Cert Bid
AMADEUS IT GROUP: Segal Sues Over Luxury Hotel Market Conspiracy
ANSCHUTZ ENTERTAINMENT: Thomas Sues Over Unlawful Labor Practices
APEX HUMAN: Okokuro Wins Bid for Conditional Certification
AUDUBON FIELD: Owen Labor Suit Removed to D. New Mexico
AVATAR PROPERTIES: Florida SC Declines Jurisdiction Over Fees Row
B & L SYSTEMS: Schuler Seeks Logistic Consultants' Unpaid Wages
BIOVENTUS INC: Ciarciello Suit Seeks to Certify Rule 23 Class
BLUETRITON BRANDS: Moore Sues Over False Advertising
BNSF RAILWAY: Court Directs Discovery Plan Filing in Nache Suit
BOARD OF TRUSTEES: May 10 Hearing on Initial OK of Settlement Set
BRIGHT LEATHERS: Wahab Files ADA Suit in S.D. New York
BROWN RACING STABLE: Maylath Sues to Recover Unpaid Wages
BUS STOP BOUTIQUE: Fernandez Files ADA Suit in S.D. New York
CABLE NEWS NETWORK: Lesh Suit Removed to N.D. California
CADY STUDIOS: Jarrett Files TCPA Suit in N.D. Georgia
CAPITAL ONE FINANCIAL: Bellantoni Files Suit in E.D. New York
CAPSTONE LOGISTICS: Vargas Suit Removed to E.D. California
CARNITAS DON ALFREDO: Ramos Files ADA Suit in N.D. Illinois
CENTER FOR EMPLOYMENT: Holden Suit Removed to C.D. California
CHANGE HEALTHCARE: Reese Sues Over Failure to Safeguard PII & PHI
CHEGG INC: Bid to Dismiss Leventhal Class Suit Tossed
CHEMOCENTRYX INC: Court OK's Homyk Bid to Certify Class
CHEMSTREAM INC: Williams Files Suit in W.D. Pennsylvania
CIGNA HEALTH: Bid for Leave to File Class Certification Sought
COLTER ENERGY: Joyce Suit Seeks FLSA Conditional Certification
COMMONWEALTH EDISON: Dismissal of Sercurities Suit Under Appeal
COMPLIANCE STAFFING: Maxfield Suit Removed to W.D. Pennsylvania
COOPER AEROBICS: Barber Files Suit in N.D. Texas
COPART INC: Mejia Suit Removed to C.D. California
DARDEN RESTAURANTS: Court Narrows Claims in OFWI Suit
DFL PIZZA: Seeks Denial of Nagel Class Status Bid
DIGITALOCEAN HOLDINGS: Securities Suit Voluntarily Dismissed
DIGNITY HEALTH: Husted Files Suit in Cal. Super. Ct.
DIVERSIFIED ADJUSTMENT: Evans Files FCRA Suit in N.D. Ohio
DOLLAR TREE: Alvarado Suit Transferred to D. Maryland
EF EDUCATION: Douglas Seeks to Certify Class of Purchasers
ELI LILLY & CO: Mosaic Health Suit Dismissed
ELI LILLY AND CO: Faces Painters Suit in California
EPIC LANDSCAPE: Seeks Leave to File Class Cert Surreply in Gomez
EXELON CORP: Court Affirms Dismissal of Securities Suit
FAMILY DOLLAR STORES: Oliva Sues Over Improperly Stored Products
FAST BUSINESS: Class Cert. Bid Filing Extended to April 1
FCA US: Alger Seeks to Modify Class Certification Order
FLAGSTAR BANK: Class Cert Bid Filing in Saucedo Extended to May 10
FREELAND ENTERPRISES: Zachary Seeks to Send Notice to Employees
GATE GOURMET: Solis Suit Removed to N.D. California
GLOBAL EXCHANGE: Scheduling Order Entered in Avery Class Suit
GOSSAMER GEAR INC: Herrera Files ADA Suit in S.D. New York
GOVERNMENT EMPLOYEES: Fails to Pay Proper Wages, Alvarez Alleges
HOMESITE INSURANCE: Bids to Certify Classes Due March 7, 2025
HOUSTON METHODIST: Sweat Suit Removed to S.D. Texas
HSBC USA: Faces Price-Rigging Suit in NY Court
HURLEY MEDICAL: Fails to Pay Proper Wages, Buford Alleges
JB PRITZER: Court Narrows Claims in Haynes Suit
JEANS WAREHOUSE: Wahab Files ADA Suit in S.D. New York
JOHN GIETZ: Rendon Suit Removed to D. South Carolina
KATIE MAY LLC: Fernandez Files ADA Suit in S.D. New York
KATMAI TECHNICAL: Guzman Suit Removed to S.D. California
KEENAN & ASSOCIATES: Fails to Secure Customers' Info, Spina Says
KEENAN & ASSOCIATES: Heath Suit Removed to C.D. California
KEENAN & ASSOCIATES: Spina Files Suit in C.D. California
KEENAN AND ASSOCIATES: Combs Suit Removed to C.D. California
KEENAN AND ASSOCIATES: Hans Suit Removed to C.D. California
KEENAN AND ASSOCIATES: Perez Suit Removed to C.D. California
KEENAN AND ASSOCIATES: Shahbazian Suit Removed to C.D. California
KEENAN AND ASSOCIATES: Vanover Suit Removed to C.D. California
KEN PAXTON: Class Cert. Replies in Fund Texas Suit Due March 28
KENNETH HERMAN: Merrick Bid for Class Certification Tossed
KITON FIFTH AVE: Guagenti Files ADA Suit in S.D. New York
LAUNDRESS LLC: Court Narrows Claims in Ostenfeld Suit
LOANDEPOT INC: Fails to Secure Personal Info, Soto Claims
LOCALIZE CITY INC: Sale Files TCPA Suit in S.D. New York
MEDICAL MANAGEMENT: Moreno-Decerra Sues Over Exposure of PHI & PII
MEDICAL MANAGEMENT: Peterson Files Suit in D. Arizona
MERRILL GARDENS: Chavoya Suit Removed to E.D. California
MILLIMAN INC: Handorf Files Suit in S.D. New York
MILLIMAN INC: Joint Status Report Deadline Extended in Healy Suit
MOF GROUP: Directed to Supplement Responses
NATIONWIDE RETIREMENT: Class Settlement in Jackson Gets Final Nod
NORTHWEST FEDERAL: Rader Appeals EFTA Suit Dismissal to 4th Cir.
OHIO NATIONAL: Court OK's Veritas Bid to Seal Docs
OLLIE'S BARGAIN: Must File Class Cert Response in Pauli by April 10
OLLIE'S BARGAIN: Parties Seek More Time to File Class Cert. Bids
OREGON: Macias Files Suit in D. Oregon
OREGON: Rust Appeals Court Orders in Civil Rights Suit to 9th Cir.
PAPA INC: Class Cert. Bid Filing in Pardo Extended to August 19
PRECISION DRILLING: Writ of Certiorari Filed in Tyger FLSA Suit
ROBINHOOD: Plaintiff Seeks to File Class Cert Bid Under Seal
ROBINHOOD: Suit Seeks to Certify Class of Customers
ROCKET CO: Plaintiffs Seek to File Class Cert Docs Under Seal
RUGSUSA LLC: Class Settlement in Wiley Lawsuit Gets Initial Nod
SIMM ASSOCIATES: Simpson Files FDCPA Suit in D. Delaware
SOOJIMUS LLC: Johnson Files Suit in D. South Carolina
SUSAN MUELLER: "Allen" Protective Order Applicable in Rosado Case
SUSAN MUELLER: "Allen" Protective Order Applicable in Van Guilder
SUSAN MUELLER: Allen Protective Order Applicable in Frateschi Case
SUSAN MUELLER: Allen Protective Order Applicable in Wilkerson Case
SWEDISH MATCH: Entices Youth to Use E-Cigarettes, Wolters Claims
SWEETEES INC: Faces Wurm Suit Over Unsolicited Text Messages
TALENTLAUNCH LLC: Fails to Prevent Data Braech, Buyck Alleges
TARGET CORPORATION: Province Suit Removed to E.D. Missouri
TENET HEALTHCARE: Class Cert. Bid Filing Due July 13, 2025
TERVIS TUMBLER: Herrera Files ADA Suit in S.D. New York
TRAVEL CLUB: MacDonald Files TCPA Suit in D. Arizona
TRISTRUX LLC: Bonetti Suit Removed to N.D. California
TRISTRUX LLC: Cruz Suit Removed to N.D. California
UNIVERSITY OF WASHINGTON: Irvine Suit Removed to W.D. Washington
US STEEL: Floyd Suit Removed to W.D. Pennsylvania
US STEEL: Guidas Suit Removed to W.D. Pennsylvania
USHEALTH ADVISORS: Spencer Files TCPA Suit in N.D. Texas
VANDERBILT UNIVERSITY: Fails to Pay Proper Wages, Coggins Alleges
VENTYX BIOSCIENCES: Yuksel Sues Over Decline in Share Price
VOLTA INC: Belcher Appeals Denied Atty's. Fee Bid to 2nd Circuit
WAG HOTELS INC: Piper Suit Removed to N.D. California
WELLS FARGO: Faces Arif Suit Over Improper Bank Charges
[^] ATTICUS Administration Sponsors 2024 Class Action Conference
*********
AG ADRIANO: Villaverde Sues Over Unsolicited Text Messages
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AMANDA VILLAVERDE, individually and on behalf of all others
similarly situated, Plaintiff v. AG ADRIANO GOLDSCHMIED, INC.,
Defendant, Case No. CACE-24-002964 (Fla. Cir., 17th Judicial,
Broward Cty., March 2, 2023) is an action for injunctive and
declaratory relief, and damages for violations of the Caller ID
Rules of the Florida Telephone Solicitation Act.
The Plaintiff, brings this action alleging that Defendant violated
the FTSA's Caller ID Rules by transmitting a phone number that was
not capable of receiving phone calls when it made Telephonic Sales
Calls by text message. Specifically, Defendant made Text Message
Sales Calls that promoted AG Jeans and violated the Caller ID Rules
when it transmitted to the recipients' caller identification
services a telephone number that was not capable of receiving
telephone calls, says the suit.
AG Adriano Goldschmied, Inc. is an American clothing company with a
focus on denim apparel.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202)709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
AIMMUNE THERAPEUTICS: Germano Suit Seeks to Certify Class Action
----------------------------------------------------------------
In the class action lawsuit captioned as Germano v. Aimmune
Therapeutics, Inc. et al. (RE AIMMUNE THERAPEUTICS, INC.
SECURITIES LITIGATION), Case No. 3:20-cv-06733-MMC (N.D. Cal.), the
Plaintiffs asks the Court to enter an order:
(1) certifying this action as a class action under Rule 23(b)(3)
on
behalf of the Class defined as:
All record holders and all beneficial holders of Aimmune
Therapeutics, Inc. common stock who held such stock at any
time
during the pendency of the tender offer involving Aimmune
and
Societe des Produits Nestle S.A. ("Nestle") (from Sept. 14,
2020 through Oct. 9, 2020) and had their shares exchanged
for
$34.50 per share in connection with the closing of the
merger
(on Oct. 13, 2020).
Excluded from the Class are: (i) Nestle and its affiliates;
(ii) the officers and directors of the Company and members
of
their immediate families; (iii) any entity in which
Defendants
have or had a controlling interest; and (iv) the legal
representatives, heirs, successors or assigns of each
officer
and director of the Company.
(2) appointing Mr. Svitak and Ms. Pemberton as Class
Representatives; and
(3) appointing and Monteverde and KSF as Class Counsel.
The suit arises from the sale of Aimmune to its largest shareholder
(Nestle) for $34.50/share -- a price far below the Company's fair
value at the time of the Merger.
The Plaintiffs' claims arise under Sections 14(e) and 20(a) of the
Securities Exchange Act of 1934 in connection with the Defendants'
solicitation of Aimmune shareholders to approve an unfair merger
with Nestle via a materially false and misleading 14D-9
recommendation statement filed with the SEC on Sept. 14, 2020.
Aimmune operates as a clinical-stage biopharmaceutical company.
A copy of the Plaintiffs' motion dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=jGiHGo at no extra
charge.[CC]
The Plaintiffs are represented by:
David E. Bower, Esq.
Juan E. Monteverde, Esq.
Miles D. Schreiner, Esq.
Jonathan T. Lerner, Esq.
MONTEVERDE & ASSOCIATES PC
600 Corporate Pointe, Suite 1170
Culver City, CA 90230
Telephone: (310) 446-6652
E-mail: dbower@monteverdelaw.com
jmonteverde@monteverdelaw.com
mschreiner@monteverdelaw.com
jlerner@monteverdelaw.com
- and -
Michael Palestina, Esq.
Brian Mears, Esq.
Gina Palermo, Esq.
KAHN SWICK & FOTI, LLC
1100 Poydras Street, Suite 960
New Orleans, LA 70163
Telephone: (504) 455-1400
E-mail: michael.palestina@ksfcounsel.com
brian.mears@ksfcounsel.com
gina.palermo@ksfcounsel.com
ALABAMA: A.A. Suit Seeks to Certify Class of Children
-----------------------------------------------------
In the class action lawsuit captioned as A.A.; B.B.; C.C., a minor,
by JENNY CARROLL, his Next Friend; E.E., a minor, by CHRISTINE
FREEMAN, her Next Friend; F.F., a minor, by CHRISTINE FREEMAN, her
Next Friend; and G.G., a minor, by CHRISTINE FREEMAN, her Next
Friend; v. NANCY T. BUCKNER, Commissioner of the Alabama Department
of Human Resources, in her official capacity, Case No.
2:21-cv-00367-ECM-CWB (M.D. Ala.), the Plaintiffs ask the Court to
enter an order certifying a class, pursuant to Federal Rules of
Civil Procedure 23(a) and 23(b)(2), defined as:
"Children who are adjudicated dependent under Ala. Code
section
12-15-314(a)(3), and who have, or have a record of, a mental
health impairment that substantially limits one or more
major
life activities."
The Plaintiffs also move the Court to appoint the Named Plaintiffs
as class representatives, and under Rule 23(g), appoint the
Plaintiffs' counsel as counsel for the certified class.
A copy of the Plaintiff's motion dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=VD6Bvi at no extra
charge.[CC]
The Plaintiffs are represented by:
Lindsey S. Frye, Esq.
Samantha M. Bartosz, Esq.
Katrina Braun, Esq.
Valerie Achille, Esq.
Micaela Ann Heery-Hyatt, Esq.
Jessica Zou, Esq.
CHILDREN'S RIGHTS
88 Pine Street, Suite 800
New York, NY 10005
Telephone: (212) 683-2210
Facsimile: (212) 683-4015
E-mail: lfrye@childrensrights.org
sbartosz@childrensrights.org
kbraun@childrensrights.org
vachille@childrensrights.org
mheeryhyatt@childrensrights.org
jzou@childrensrights.org
- and -
Andrea J. Mixson, Esq.
Larry Canada, Esq.
ALABAMA DISABILITIES ADVOCACY PROGRAM
2008 12th Street
Tuscaloosa, AL 35401
Telephone: (205) 348-4928
E-mail: amixson@adap.ua.edu
lcanada@adap.ua.edu
- and -
Michael Tafelski, Esq.
Claire Sherburne, Esq.
Sophia Mire Hill, Esq.
SOUTHERN POVERTY LAW CENTER
400 Washington Ave.
Montgomery, AL 36104
Telephone: (888) 414-7752
E-mail: michael.tafelski@splcenter.org
claire.sherburne@splcenter.org
sophia.mire@splcenter.org
The Defendant is represented by:
Felicia M. Brooks, Esq.
Jonathan S. Schlenker, Esq.
Joshua L. Lane, Esq.
OFFICE OF THE ATTORNEY GENERAL
E-mail: Felicia.brooks@dhr.alabama.gov
Jonathan.schlenker@dhr.alabama.gov
Josh.lane@dhr.alabama.gov
- and -
Alfred H. Smith, Jr., Esq.
Elizabeth N. Terenzi, Esq.
BAINBRIDGE, MIMS, ROGERS & SMITH, LLP
E-mail: asmith@bainbridgemims.com
bterenzi@bainbridgemims.com
ALLSTATE INSURANCE: Court Endorses Denial of Sayles Class Cert Bid
------------------------------------------------------------------
In the class action lawsuit captioned as SAMANTHA SAYLES,
Individually and on behalf of all others similarly situated, v.
ALLSTATE INSURANCE COMPANY, Case No. 3:16-cv-01534-MEM-MCC (M.D.
Pa.), the Hon. Judge Malachy Mannion entered an order that the
report and recommendation of Judge Carlson will be adopted in its
entirety as the decision of the court.
Judge Carlson recommends that the plaintiff's motion for class
certification be denied. The plaintiff has filed objections to
Judge Carlson's report. Upon review of the record, including the
Plaintiff's motion for class certification and related materials,
Judge Carlson's report and recommendation, and the Plaintiff's
objections thereto, the plaintiff's objections will be overruled.
Relevant to this decision, the plaintiff is attempting to certify a
class which she defines as follows:
"All persons injured in motor vehicle accidents and insured
under
Pennsylvania auto insurance policies issued by defendant which
provided for medical benefits coverage whom defendant required
or
directed to submit to insurance physical exams without Court
order
directing insured to submit to physical exams and who then had
medical benefits denied based on defendant's medical exam
actions."
The plaintiff argues that there are 151 individuals who fall into
this
defined putative class satisfying all the requirements of
Fed.R.Civ.P. 23(a) and (b).
In considering the plaintiff’s motion to certify, Judge Carlson
found that plaintiff had failed to demonstrate the element of
commonality and relatedly the element of ascertainability by a
preponderance of the evidence.
Allstate offers auto, home life insurances policies.
A copy of the Court's memorandum dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=r9o12R at no extra
charge.[CC]
AMADEUS IT GROUP: Segal Sues Over Luxury Hotel Market Conspiracy
----------------------------------------------------------------
RYAN SEGAL, individually and on behalf of all others similarly
situated, Plaintiff v. AMADEUS IT GROUP, S.A.; AMADEUS HOSPITALITY
AMERICAS, INC.; HILTON WORLDWIDE HOLDINGS INC.; MARRIOTT
INTERNATIONAL, INC.; THE RITZ-CARLTON HOTEL COMPANY, LLC; ACCOR
S.A.; INTERCONTINENTAL HOTELS GROUP PLC; HYATT HOTELS CORPORATION;
STARWOOD HOTELS & RESORTS WORLDWIDE, INC.; FOUR SEASONS HOTELS
LIMITED; MINOR HOTEL GROUP, LTD.; OMNI HOTELS MANAGEMENT CORP. DBA
OMNI HOTELS & RESORTS; and LOEWS CORPORATION, Defendants, Case No.
1:24-cv-01783 (N.D. Ill., March 1, 2024) seeks to recover treble
damages and to obtain injunctive relief and other relief as
appropriate against Defendants for violating the Sherman Antitrust
Act.
According to the complaint, from at least March 1, 2020 through the
present, the Defendants and their co-conspirators have engaged and
continue to engage in a nationwide conspiracy to fix, raise,
maintain, and/or stabilize the price of rooms in Luxury Hotels in
metropolitan markets across the U.S. through the use of Amadeus'
Demand360 platform. Through the use of Demand360, Hotel Defendants
and Conspirators unlawfully share non-public present and future
occupancy data with one another. This unlawful sharing of
information allows participating hotels to set rates for Luxury
Hotel Rooms higher than they would absent Defendants' agreement to
exchange information, resulting in substantial damages to Plaintiff
and other members of the Class who overpaid for rooms at hotels
owned and/operated by the Hotel Defendants, says the suit.
As a result of Defendants' unlawful information sharing, renters of
Luxury Hotel Rooms in the United States have been overcharged and
have paid supracompetitive prices to stay in Defendants' hotels,
the suit alleges.
Plaintiff Segal paid for a Luxury Hotel Room at the Ritz-Carlton
Marina Del Rey in 2023. Segal paid a higher hotel room price
directly to Defendants by reason of the violations alleged herein.
Amadeus IT Group, S.A. is a Spanish Sociedad Anonima headquartered
in Madrid, Spain. Amadeus owns and operates the Demand360 platform,
which it acquired in its acquisition of Travelclick, Inc. in
2018.[BN]
The Plaintiff is represented by:
Steven M. Berezney, Esq.
KOREIN TILLERY LLC
505 N. 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 241-4844
Facsimile: (314) 241-1854
E-mail: sberezney@koreintillery.com
- and -
Pamela I. Yaacoub, Esq.
KOREIN TILLERY LLC
205 North Michigan, Suite 1950
Chicago, IL 60601
Telephone: (312) 641-9750
Facsimile: (312) 641-9751
E-mail: pyaacoub@koreintillery.com
- and -
Vincent Briganti, Esq.
Christian Levis, Esq.
Nicole A. Veno, Esq.
Claire Noelle Forde, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: vbriganti@lowey.com
clevis@lowey.com
nveno@lowey.com
nforde@lowey.com
- and -
Geoffrey H. Kozen, Esq.
Ryan Marth, Esq.
ROBINS KAPLAN LLP
800 LaSalle Avenue, Suite 2800
Minneapolis, MN 55402
Telephone: (612) 349-8500
E-mail: rmarth@RobinsKaplan.com
gkozen@RobinsKaplan.com
ANSCHUTZ ENTERTAINMENT: Thomas Sues Over Unlawful Labor Practices
-----------------------------------------------------------------
QWAME THOMAS, individually and on behalf of all other persons
similarly situated, Plaintiff v. ANSCHUTZ ENTERTAINMENT GROUP,
INC., THE BOWERY PRESENTS, LLC, and RACKET NYC, Defendants, Case
No. 1:24-cv-01595 (S.D.N.Y., March 1, 2024) is brought pursuant to
the Fair Labor Standards, the New York Labor Law, the New York
Codes, Rules and Regulations, and the New York Wage Theft
Prevention Act to recover unpaid wages and damages resulting from
Defendants' failure to pay wages, overtime wages, failure to pay
spread of hours pay, and failure to provide wage statements to
Plaintiff and the putative class and collective.
The Plaintiff began his employment with Defendants as a Production
Assistant/Loader/Access Control in late March/early April 2023. The
Plaintiff and the members of the putative class and collective are
employees at Defendants' live music venue, Racket and all other
music venues owned and operated by AEG and Bowery.
Anschutz Entertainment Group, Inc. is an American global sporting
and music entertainment presenter and a subsidiary of The Anschutz
Corporation.[BN]
The Plaintiff is represented by:
Daniel Grace, Esq.
Douglas Mace, Esq.
DANNY GRACE PLLC
225 Broadway, Suite 1200
New York, NY 10007
Telephone: (212) 202-2485
APEX HUMAN: Okokuro Wins Bid for Conditional Certification
----------------------------------------------------------
In the class action lawsuit captioned as OYAKIMIGBIA OKOKURO,
individually and on behalf of all others similarly situated, v.
APEX HUMAN SERVICES, LLC, Case No. 2:23-cv-02615-NIQA (E.D. Pa.),
the Plaintiff asks the Court to enter an order granting conditional
certification of the collective action.
The Defendant admits that it classified healthcare workers as
independent contractors and paid them straight-time-for-overtime,
"just as it did with the Plaintiff." So Apex's scheme to
misclassify the healthcare workers as independent contractors was
manufactured in order to avoid paying them overtime wages. This
practice violates the Fair Labor Standards Act (FLSA), the
Plaintiff contends.
Okokuro seeks to allow her coworkers -- other Apex healthcare
workers who were treated as independent contractors and paid
straight-time-for-overtime -- to receive notice of this collective
action and stop the statute of limitations from running on their
valuable back wage claims.
Apex provides healthcare in Yeadon, Pennsylvania, as well as
behavioral health services.
A copy of the Plaintiff's motion dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=SwDkJ8 at no extra
charge.[CC]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET PC
2 Greenway Plaza, Ste. 250
Houston, TX 77046
Telephone: (713) 999-5228
E-mail: matt@parmet.law
AUDUBON FIELD: Owen Labor Suit Removed to D. New Mexico
-------------------------------------------------------
The case styled David Owen, individually and for others similarly
situated v. Audubon Field Solutions, LLC, Case No. D-117-CV-2024-
00044, was removed from the First Judicial District Court in and
for Rio Arriba County, New Mexico to the United States District
Court for the District of New Mexico on March 1, 2024.
The Clerk of Court for the District of New Mexico assigned Case No.
2:24-cv-00215-KRS-DLM to the proceeding.
The Plaintiff alleges Defendant violated the New Mexico Minimum
Wage Act by failing to properly account for overtime pay. He seeks
various forms of relief including: (i) the certification of a class
under ; (ii) an order seeking Plaintiff's counsel appropriate to
represent the class; (iii) all unpaid overtime wages owed under the
New Mexico Minimum Wage Act; (iv) treble damages; (v) other
penalties and damages available under the New Mexico Minimum Wage
Act; (vi) attorneys' fees, costs, and expenses; (vii) pre and
post-judgment interest at the "highest applicable rates"; and
(viii) any other relief as necessary.
Audubon Field Soulutions, LLC provides engineering, construction,
fabrication, and technical services.[BN]
The Defendant is represented by:
Linn E. Gillen, Esq.
Ashton P. Hoffman, Esq.
Charles H. Wilson, Esq.
JACKSON LEWIS P.C.
500 Marquette Ave., NW Suite 1050
Albuquerque, NM 87102
Telephone: (505) 878-0515
E-mail: Linn.Gillen@jacksonlewis.com
AVATAR PROPERTIES: Florida SC Declines Jurisdiction Over Fees Row
-----------------------------------------------------------------
Taylor Morrison Home Corporation disclosed in its Form 10-K for the
fiscal year ended December 31, 2023, filed with the Securities and
Exchange Commission on February 21, 2024, that on November 2, 2023,
the Florida Supreme Court declined to exercise jurisdiction over a
district court ruling on a membership fees dispute.
On April 26, 2017, a class action complaint was filed in the
Circuit Court of the Tenth Judicial Circuit in and for Polk County,
Florida by Norman Gundel, William Mann, and Brenda Taylor against
its subsidiary Avatar Properties, Inc., generally alleging that its
collection of club membership fees in connection with the use of
one of its amenities in its East homebuilding segment violates
various laws relating to homeowner associations and other
Florida-specific laws.
The class action complaint sought an injunction to prohibit future
collection of club membership fees. On November 2, 2021, the court
determined that the club membership fees were improper and that
plaintiffs were entitled to $35.0 million in fee reimbursements.
The defendants appealed the court's ruling to the Sixth District
Court of Appeal on November 29, 2021, and the plaintiffs agreed to
continue to pay club membership fees pending the outcome of the
appeal.
On June 23, 2023 the District Court affirmed the trial court
judgment in a split decision, with three separate opinions.
Recognizing the potential "far-reaching effects on homeowners
associations throughout the State," the District Court certified a
question of great public importance to the Florida Supreme Court,
and the company filed a notice to invoke the discretionary review
of the Florida Supreme Court.
Taylor Morrison Home Corporation is a land developer and
homebuilder in the United States with a portfolio of lifestyle and
master-planned communities with single and multi-family detached
and attached homes. It acquired Avatar in 2018.
B & L SYSTEMS: Schuler Seeks Logistic Consultants' Unpaid Wages
---------------------------------------------------------------
GARRETT SCHULER, ROBERT MAURER, MATTHEW GROH, and CAMERON BONNEY,
individually, and on behalf of all others similarly situated,
Plaintiffs v. B & L SYSTEMS, LLC, d/b/a Fifth Wheel Freight, REESE
VAN HECK and JOSH BROWLEY, Defendants, Case No. 1:24-cv-00219 (W.D.
Mich., March 1, 2024) arises from the Defendants' unlawful labor
practices in violation of the Fair Labor Standards Act and the
Michigan Improved Workforce Opportunity Wage Act.
The Plaintiffs are each former employees of the Company and bring
this action to rectify Defendants' violation of the FLSA by
knowingly requiring and permitting them, and the putative class
members, to work in excess of 40 hours per week without properly
compensating them at an overtime rate for those additional hours,
and by knowingly requiring, encouraging and/or permitting
Plaintiffs to, and/or demanding that, Plaintiffs to work and be
"on-call" 24 hours a day, seven days a week, 365 days a year, to
perform the duties and responsibilities of their employment with
the Company.
The Plaintiffs also seek to redress Defendants' violation of the
MIWOWA by knowingly and intentionally failing to pay them, and
putative class members, full and proper wages accruing and owed on
their regular paydays, and for damages under the state law.
The Plaintiffs worked for Defendants as salaried Associate Logistic
Consultants, Logistic Consultants and Sales Consultants, and/or in
other similar positions.
B & L Systems, LLC is one of the American logistics and
transportation companies registered by the U.S. Department of
Transportation as a carrier.[BN]
The Plaintiffs are represented by:
Jonathan D. Karmel, Esq.
THE KARMEL & TORRES LAW FIRM
20 South Clark St. Suite 1720
Chicago, IL 60603
Telephone: (312) 641-2910
E-mail: jon@karmellawfirm.com
- and -
Randall B. Gold, Esq.
FOX & FOX, S.C.
111 East Wacker Dr., Suite 2300
Chicago, IL 60601
Telephone: (312) 526-3220
E-mail: rgoldlaw@aol.com
- and -
Daniel J. Voelker, Esq.
VOELKER LITIGATION GROUP
33 N. Dearborn Street, Suite 1000
Chicago, IL 60602
Telephone: (312) 870-5430
Facsimile: (312) 505-4841
E-mail: dvoelker@voelkerlitigationgroup.com
BIOVENTUS INC: Ciarciello Suit Seeks to Certify Rule 23 Class
-------------------------------------------------------------
In the class action lawsuit captioned as ROBERT CIARCIELLO,
Individually and on Behalf of All Others Similarly Situated, v.
BIOVENTUS INC., KENNETH M. REALI, MARK L. SINGLETON, GREGORY O.
ANGLUM, and SUSAN M. STALNECKER, Case No. 1:23-cv-00032-CCE-JEP
(M.D.N.C.), the Plaintiff moves the Court pursuant to Federal Rule
of Civil Procedure 23 and Local Civil Rule 23.1 for an order:
(1) certifying a Class;
(2) appointing WCERS as Class Representative; and
(3) appointing Bleichmar Fonti & Auld LLP ("BFA") as Class
Counsel and Tin Fulton Walker and Owen PLLC ("Tin Fulton")
as
Local Class Counsel.
Bioventus is an orthobiologics company that develops medical device
products for bone healing, bone graft and osteoarthritis.
A copy of the Plaintiff's motion dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=lOAZKa at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph A. Fonti, Esq.
Evan A. Kubota, Esq.
Nancy A. Kulesa, Esq.
BLEICHMAR FONTI & AULD LLP
7 Times Square, 27th Floor
New York, NY 10036
Telephone: (212) 789-1340
Facsimile: (212) 205-3960
E-mail: jfonti@bfalaw.com
ekubota@bfalaw.com
nkulesa@bfalaw.com
- and -
Gagan Gupta, Esq.
TIN FULTON WALKER & OWEN PLLC
119 Orange Street, Floor 2
Durham, NC 27701
Telephone: (919) 307-8400
E-mail: ggupta@tinfulton.com
BLUETRITON BRANDS: Moore Sues Over False Advertising
----------------------------------------------------
Jennifer Moore, individually and on behalf of all others similarly
situated v. BLUETRITON BRANDS, INC., Case No. 1:24-cv-01640
(E.D.N.Y., March 5, 2024), is brought against Defendant for breach
of express warranty, unjust enrichment, negligent
misrepresentation, and violations of New York General Business Law
as a result of the Defendant's false advertising with regards to
their Poland Spring brand of bottled water, which it prominently
advertises as "100% Natural Spring Water" ("Poland Spring").
Poland Spring is not 100% natural spring water for at least two
reasons. First, it contains alarming levels of phthalates in each
bottle, a synthetic chemical used as a plasticizer, increasing the
flexibility, transparency, durability, and longevity of plastic
products. Scientific studies have linked phthalates to numerous
concerning and severe health effects, including heart problems and
hormone disruption. There is currently no level of phthalates in
food or beverages that is considered safe for consumption.
Second, every bottle of Poland Spring contains dangerous levels of
microplastics. Microplastics are fragments of plastic less than 5
millimeters in length, which, in the context of foods and
beverages, are much smaller, typically less than 1/10 of a
millimeter. Microplastic contamination is a pervasive problem in
the plastic water bottle industry, with studies finding
microplastic particles in over 90% of bottled water tested, with as
many as 325 particles per liter tested. Studies of the impacts of
microplastics in the human body are emerging, finding that exposure
may be toxic and lead to numerous health problems, including heart
problems, endocrine disruption, and chronic inflammation.
The Defendant represents Poland Spring to be nothing but natural
spring water. Defendant has profited greatly from inducing
consumers to buy Poland Spring instead of other bottled water
products that are not advertised as "100% Natural Spring Water." In
fact, Defendant is able to charge a price premium for Poland Spring
because it is falsely labeled as "100% Natural Spring Water." As a
result, consumers are willing to, and do, pay more than they pay
for other comparable products that are not falsely labeled.
Labeling Poland Spring as "100% Natural Spring Water" is deceptive
and confusing, says the complaint.
The Plaintiff has purchased, at various retail locations in New
York, Poland Spring bottled water.
The Defendant markets, advertises, and distributes Poland Spring
brand of bottled water.[BN]
The Plaintiff is represented by:
Tina Wolfson, Esq.
Bradley K. King, Esq.
AHDOOT & WOLFSON, PC
10728 Lindbrook Drive
Los Angeles, CA 90024
Phone: (310) 474-9111
Facsimile: (310) 474-8585
Email: twolfson@ahdootwolfson.com
bking@ahdootwolfson.com
BNSF RAILWAY: Court Directs Discovery Plan Filing in Nache Suit
---------------------------------------------------------------
In the class action lawsuit captioned as Nache v. BNSF Railway
Company Case No. 4:23-cv-04063-SLD-JEH (C.D. Ill.), the Hon. Judge
Jonathan E. Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
BNSF provides railroad transportation services.
A copy of the Court's order dated March 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Zez6vE at no extra
charge.[CC]
BOARD OF TRUSTEES: May 10 Hearing on Initial OK of Settlement Set
-----------------------------------------------------------------
In the class action lawsuit captioned as STEPHEN CAMPA, v. BOARD OF
TRUSTEES OF THE SHEET METAL WORKERS PENSION PLAN OF NORTHERN
CALIFORNIA; BENESYS, INC., Case No. 3:23-cv-01760-MMC (N.D. Cal.),
the parties stipulate that:
-- the Court vacate the March 6, 2024 deadline for the parties
to
submit a joint mediation report and for the Defendants to
respond to the operative complaint, and that the deadline for
the Defendants to respond to the operative complaint be
stayed
pending the Court ruling on the parties' forthcoming motion
for
preliminary approval of their settlement.
-- The Court enter a scheduling order for settlement approval
with
the following deadlines:
Deadline to Finalize Proposed Written Settlement
Agreement:
April 11, 2024
Deadline for Class Counsel to File Motion for
Preliminary
Approval and Class Certification: April 18, 2024
Hearing on Motion for Preliminary Approval: May 10,
2024,
or as soon thereafter as the Court is available.
The motion for preliminary approval will contain a proposed
schedule for mailing notice of the settlement, deadlines to submit
objections, and a schedule for filing a motion for final approval
and conducting a fairness hearing.
The operative complaint was filed on April 12, 2023, and the
parties subsequently stipulated to stay the Defendants' response to
the complaint and case management conference in order for the
parties to exchange the information necessary to pursue an early
mediation
to explore possible settlement.
A copy of the Parties' stipulation dated March 7, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=n4dPoi at no extra
charge.[CC]
The Plaintiff is represented by:
James P. Keenley, Esq.
Emily A. Bolt, Esq.
Brian H. Kim, Esq.
BOLT KEENLEY KIM LLP
2855 Telegraph Ave., Suite 517
Berkeley CA 94705
Telephone: (510) 225-0696
Facsimile: (510) 225-1095
The Defendants are represented by:
Wesley Stockard, Esq.
LITTLER MENDELSON P.C.
620 S Tryon St Suite 950
Charlotte, NC 28202
- and -
Lars C. Golumbic, Esq.
GROOM LAW GROUP, CHARTERED
1701 Pennsylvania Avenue NW 1200
Washington, DC 20006
BRIGHT LEATHERS: Wahab Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Bright Leathers, LLC.
The case is styled as Angela Wahab, on behalf of herself and all
others similarly situated v. Bright Leathers, LLC, Case No.
1:24-cv-01599-ER (S.D.N.Y., March 1, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bright Industries LLC -- https://brightleather.com.pk/ -- is the
group of closely-held entities operating the oil & gas, real estate
development, commercial real estate, construction, and
home-building businesses founded by legendary Texas oilman and
former Dallas Cowboys owner H.R. ‘Bum’ Bright.[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
BROWN RACING STABLE: Maylath Sues to Recover Unpaid Wages
---------------------------------------------------------
Peter Maylath, on behalf of himself and all others similarly
situated v. BROWN RACING STABLE INCORPORATED, and BRUCE BROWN,
Individually, Case No. 2:24-cv-01652 (E.D.N.Y., March 5, 2024), is
brought to recover unpaid minimum wages, wages for overtime work
performed, liquidated damages, attorneys' fees, and other damages
on behalf of all of Defendants' Hot Walkers and Groomers and other
similarly situated employees, based on Defendants' violation of the
Fair Labor Standards Act ("FLSA") and the New York Labor Law
("NYLL").
The Plaintiff consistently worked over 40 hours per week. Although
Plaintiff regularly worked 95 hours or more per week during his
employment with Defendants, Defendants did not pay Plaintiff at a
wage rate in compliance with minimum wage law or time and a half
(1.5) for the hours regularly worked over 40 in a workweek,
violating the overtime provisions of the FLSA and NYLL, says the
complaint.
The Plaintiff was employed by the Defendants as a non-exempt Hot
Walker at Belmont racetrack in Elmont from May 2020 through July 8,
2023.
Brown Racing Stable Incorporated is a domestic corporation.[BN]
The Plaintiff is represented by:
Gregory S. Lisi, Esq.
FORCHELLI DEEGAN TERRANA LLP
333 Earle Ovington Blvd., Suite 1010
Uniondale, NY 11553
Phone: (516) 248-1700
Email: glisi@forchellilaw.com
BUS STOP BOUTIQUE: Fernandez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Bus Stop Boutique,
LLC. The case is styled as Jacqueline Fernandez, on behalf of
herself and all others similarly situated v. Bus Stop Boutique,
LLC, Case No. 1:24-cv-01596 (S.D.N.Y., March 1, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bus Stop -- https://www.busstopboutique.com/ -- is a shoe boutique
in Philly featuring BUS STOP X and a curation of the most
sought-after designer shoe brands from all over the globe.[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
CABLE NEWS NETWORK: Lesh Suit Removed to N.D. California
--------------------------------------------------------
The case captioned as Carol Lesh, individually and on behalf of all
others similarly situated v. CABLE NEWS NETWORK, INC., was removed
from the Superior Court of the Superior Court of California, County
of Alameda, to the U.S. District Court for the Northern District of
California on March 5, 2024, and assigned Case No.
3:24-cv-01320-JD.
The Complaint in this case asserts claims for violation of
California Invasion of Privacy Act ("CIPA") on behalf of Plaintiff
and "all California residents who accessed" CNN's website in
California "and had their IP address collected." The Complaint
alleges that CNN transmits putative class members' IP addresses to
third parties through tracking technologies provided by three
advertising companies PubMatic, Rubicon, and Aniview--and that
these transmissions violated CIPA, which prohibits any "person"
from "installing or using a pen register or a trap and trace device
without first obtaining a court order."[BN]
The Defendant is represented by:
David R Singh, Esq.
AMY TU QUYEN LE, Esq.
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway, 6th Floor
Redwood Shores, CA 94065-1134
Phone: (650) 802-3000
Facsimile: (650) 802-3100
Email: david.singh@weil.com
amy.le@weil.com
- and -
David L Yohai, Esq.
Blake J Steinberg, Esq.
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
Phone: (212) 310-8000
Facsimile: (212) 310-8007
Email: david.yohai@weil.com
blake.steinberg@weil.com
CADY STUDIOS: Jarrett Files TCPA Suit in N.D. Georgia
-----------------------------------------------------
A class action lawsuit has been filed against Cady Studios, LLC.
The case is styled as Patrina Jarrett, individually and on behalf
of all others similarly situated v. Cady Studios, LLC, Case No.
1:24-cv-00974-ELR (N.D. Ga., March 5, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
CADY -- https://home.cady.com/ -- is the premier school photography
company.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
3839 McKinney Avenue, Suite: 155-2319
Dallas, TX 75204
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
CAPITAL ONE FINANCIAL: Bellantoni Files Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Capital One Financial
Corporation. The case is styled as Alessandra Bellantoni,
individually and on behalf of all others similarly situated v.
Capital One Financial Corporation, Capital One, N.A., Case No.
1:24-cv-01558-NCM-PK (E.D.N.Y., March 1, 2024).
The nature of suit is stated as Other Contract.
Capital One Financial Corporation -- https://www.capitalone.com/ --
is an American bank holding company specializing in credit cards,
auto loans, banking, and savings accounts, headquartered in McLean,
Virginia with operations primarily in the United States.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 705
Miami, FL 33132
Phone: (305) 479-2299
Email: ashamis@shamisgentile.com
CAPSTONE LOGISTICS: Vargas Suit Removed to E.D. California
----------------------------------------------------------
The case captioned as Antonia Vargas, Maria Barrera, on behalf of
themselves and all others similarly situated, and on behalf of the
general public v. CAPSTONE LOGISTICS, LLC, a limited liability
company; and DOES 1 through 20, inclusive, Case No. CV-24-000265
was removed from the Superior Court of the State of California for
the County of San Francisco, to the U.S. District Court for the
Eastern District of California on March 6, 2024, and assigned Case
No. 2:24-cv-00712-JDP.
The Plaintiffs base their claims on alleged violations of the
California Labor Code. Specifically, Plaintiffs claim that
Defendant violated the Labor Code by: failing to provide Plaintiffs
and other putative class members with meal periods in accordance
with California law; failing to provide Plaintiffs and other
putative class members with rest periods in accordance with
California law; failing to pay Plaintiffs and other putative class
members all wages for hours worked; failing to provide Plaintiffs
and other putative class members with accurate itemized wage
statements; failing to timely pay Plaintiffs and other putative
class members wages owed at separation; failing to timely pay
Plaintiffs and other putative class members during their employment
tenures; failing to reimburse Plaintiffs and other putative class
members for necessary business expenses; failing to pay Plaintiffs
and other putative class members overtime wages for time worked;
failing to provide Plaintiffs and other putative class members a
place of employment that is safe and healthful; and engaging in
unfair competition. Plaintiffs also seek penalties for alleged
violations of the Private Attorneys General Act ("PAGA").[BN]
The Defendants are represented by:
Gerald L. Maatman, Jr., Esq.
Jennifer A. Riley, Esq.
DUANE MORRIS LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603-3433
Phone: +1 312 499 6700
Fax: +1 312 499 6701
Email: gmaatman@duanemorris.com
jariley@duanemorris.com
- and -
Nick Baltaxe, Esq.
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017-5450
Phone: +1 213 689 7400
Fax: +1 213 689 7401
Email: nbaltaxe@duanemorris.com
CARNITAS DON ALFREDO: Ramos Files ADA Suit in N.D. Illinois
-----------------------------------------------------------
A class action lawsuit has been filed against Carnitas Don Alfredo,
Inc. The case is styled as Eslimerari Ramos, on behalf of herself
and all others similarly situated v. Carnitas Don Alfredo, Inc.,
Case No. 1:24-cv-01747 (N.D. Ill., March 1, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Carnitas Don Alfredo, Inc. --
https://carnitasoriginaldonalfredo.com/ -- make traditional Mexican
food and soup like Pozole and Menudo.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601-2726
Phone: (201) 282-6500
Email: ysaks@steinsakslegal.com
CENTER FOR EMPLOYMENT: Holden Suit Removed to C.D. California
-------------------------------------------------------------
The case captioned as Curtisha Holden, individually and on behalf
of all others similarly situated v. CENTER FOR EMPLOYMENT
OPPORTUNITIES, INC., a New York corporation; and DOES 1 through 50,
inclusive, Case No. 24CV061398 was removed from the Superior Court
of the State of California in and for the County of Alameda, to the
U.S. District Court for the Central District of California on March
1, 2024, and assigned Case No. 4:24-cv-01269.
On January 25, 2024, Plaintiff filed a civil Class Action Complaint
for Damages against Defendant which sets forth the following causes
of action: Failure to Provide Meal Periods; Failure to Authorize
and Permit Rest Periods; Failure to Pay Minimum Wages; Failure to
Pay Overtime Wages; Failure to Pay All Wages Due to Discharged and
Quitting Employees; Failure to Maintain Required Records; Failure
to Furnish Accurate Itemized Wage Statements; Failure to Indemnify
Employees for Necessary Expenditures Incurred in Discharge of
Duties; Unfair and Unlawful Business Practices; Representative
Action for Penalties under the Labor Code Private Attorneys General
Act.[BN]
The Defendants are represented by:
Adam Y. Siegel, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: adam.siegel@jacksonlewis.com
- and -
Michael Y. Hsueh, Esq.
JACKSON LEWIS P.C.
160 W. Santa Clara St., Suite 400
San Jose, California 95113-1708
Phone: (408) 579-0404
Facsimile: (408) 454-0290
Email: michael.hsueh@jacksonlewis.com
CHANGE HEALTHCARE: Reese Sues Over Failure to Safeguard PII & PHI
-----------------------------------------------------------------
Robert Reese, individually, and on behalf of all others similarly
situated v. CHANGE HEALTHCARE INC., Case No. 3:24-cv-00240 (M.D.
Tenn., March 1, 2024), is brought for Defendant's failure to
properly secure and safeguard highly sensitive personal information
which was accessed and/or exfiltrated by unauthorized third parties
during a data breach that exploited a vulnerability in its software
technology on February 21, 2024 (the "Data Breach").
The information compromised in the Data Breach includes, personally
identifiable information ("PII") and protected health information
("PHI"), including but not limited to, patient medical and patient
payment information. As Defendant is or should have been aware,
this type of personal and sensitive data is highly targeted and
sought after by hackers who seek to exploit that data for nefarious
purposes. In the wrong hands, these types of sensitive data allow
criminals to cause significant harm to individuals including
Plaintiff and the Class Members.
Change Healthcare has confirmed that ALPHV/BlackCat was behind the
cyberattack. Specifically, Change Healthcare issued a statement
confirming that it is "experiencing a cybersecurity issue
perpetrated by a cybercrime threat actor who has represented itself
to us as ALPHV/Blackcat.
The Data Breach was a direct and proximate result of Defendant's
failure to implement and follow basic security procedures.
Plaintiff's and Class Members' PII and PHI is now in the hands of
criminals. Plaintiff and Class Members now face a substantially
increased risk of identity theft, both currently and for the
indefinite future, at least in part because their PII and PHI is
now being offered and sold to identity thieves to engage in scams
and other harms caused by the disclosure of their PII and PHI.
Consequently, Plaintiff and Class Members have had to spend, and
will continue to spend, significant time and money in the future to
protect themselves due to Defendant's actions, says the complaint.
The Plaintiff's PII and PHI was exposed to unknown third parties as
a result of the Data Breach.
Change Healthcare Inc. is a health technology company that provides
pharmacies and health care providers in the United States.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Michael Iadevaia, Esq.
Emily Schiller, Esq.
BRANSTETTER STRANCH & JENNINGS, PLLC - NASHVILLE
223 Rosa L. Parks Ave., Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Fax: (615) 250-3937
Email: gstranch@stranchlaw.com
miadevaia@stranchlaw.com
eschiller@stranchlaw.com
- and -
Joseph P. Guglielmo, Esq.
Amanda M. Rolon, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: (212) 223-4478
Email: jguglielmo@scott-scott.com
arolon@scott-scott.com
- and -
Alfred G. Yates, Jr., Esq.
LAW OFFICE OF ALFRED G. YATES, JR., P.C.
1575 McFarland Road, Suite 305
Pittsburgh, PA 15216
Phone: (412) 391-5164
Fax: (412) 471-1033
Email: yateslaw@aol.com
CHEGG INC: Bid to Dismiss Leventhal Class Suit Tossed
-----------------------------------------------------
In the class action lawsuit captioned as STEVEN LEVENTHAL, v.
CHEGG, INC., et al., Case No. 5:21-cv-09953-PCP (N.D. Cal.), the
Hon. Judge P. Casey Pitts entered an order denying the Defendants'
motion to dismiss and denying the Plaintiffs' motion to strike.
The Court said, "The Defendants' position is persuasive. The
calculations in the Speers Declaration simply provide factual
background to support the legal arguments concerning Rosensweig and
Schultz's stock sales in defendants' motion to dismiss."
Accordingly, the Court denies the Plaintiffs' motion to strike
paragraphs 34 through 39 of the Speers Declaration. The Lead
plaintiffs Pompano Beach Police and Firefighters' Retirement System
and KBC Asset Management NV brought this securities fraud class
action lawsuit in December 2021 against defendants Chegg, Inc.,
Chegg CEO Daniel Rosensweig, Chegg CFO Andrew Brown, and Chegg
President of Learning Services Nathan Schultz.
The Defendants move to dismiss the case and plaintiffs move to
strike certain portions of a declaration attached to defendants'
motion.
In their amended complaint, the plaintiffs allege that Chegg
defendants made material misrepresentations during the class period
(from May 5, 2020, to November 1, 2021) that inflated the company's
stock price (which peaked in February 2021) and eventually caused a
steep stock price decline in early November 2021.
Specifically, plaintiffs allege that defendants attributed Chegg'
unprecedented growth during the COVID-19 pandemic to the growing
trend of online learning rather than rampant cheating on the
platform. Plaintiffs contend that remote learning environments
during the pandemic accelerated Expert Q&A subscriptions, through
which students cheated on graded assignments and exams, and that
Chegg failed to fully disclose the extent of this cheating to
protect its market valuation.
The Plaintiffs further allege that defendants Rosensweig and
Schultz profited substantially in the class period through their
misrepresentations, with Rosensweig purportedly selling more than
550,000 shares for $49.5 million and Schultz selling nearly 340,000
shares for $25 million.
The Plaintiffs assert three claims in their complaint: (1)
violation of Section 10(b) of the Exchange Act and SEC Rule 10b-5
against all defendants for defrauding investors; (2) violation of
Section 20(a) of the Exchange Act against the three individual
defendants as controlling persons; and (3) violation of Section 20A
of the Exchange Act against Rosensweig and Schultz for
contemporaneous trading. Plaintiffs request class certification,
damages, and attorneys' fees.
Chegg is a publicly traded educational technology company that
provides textbook rentals, online tutoring services, and homework
help to students.
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=hQpc8X at no extra
charge.[CC]
CHEMOCENTRYX INC: Court OK's Homyk Bid to Certify Class
-------------------------------------------------------
In the class action lawsuit captioned as JONNIE HOMYK, et al., v.
CHEMOCENTRYX, INC., et al., Case No. 4:21-cv-03343-JST (N.D. Cal.),
the Hon. Judge Jon S. Tigar entered an order granting motion to
certify class.
-- The Court has restricted public access to the order Granting
Motion to Certify Class, ECF No. 131, because it contains or
refers to material subject to sealing orders.
-- Within seven days of the date of this order, the parties
shall
file either
(1) a stipulated proposed redacted version of the order,
redacting only those portions of the order containing or
referring to material for which the Court has granted a
motion to seal and which the parties still request be
sealed, or
(2) a stipulation that the parties agree that no redaction is
necessary. If the parties propose redactions, they shall
also email a PDF copy of the proposed redacted order,
without any ECF headers, to jstpo@cand.uscourts.gov.
-- The Court will review the parties' proposal and issue a
redacted
version of the order. If the parties stipulate that no
redaction
is necessary, or if they fail to file a timely stipulation,
the
Court will allow full access by the public to the unredacted
order by removing the restrictions on ECF No. 131.
ChemoCentryx is a biopharmaceutical company founded in 1997
commercializing and developing new medications for inflammatory and
autoimmune diseases and cancer.
A copy of the Court's order dated March 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=nZpNkf at no extra
charge.[CC]
CHEMSTREAM INC: Williams Files Suit in W.D. Pennsylvania
--------------------------------------------------------
A class action lawsuit has been filed against Chemstream, Inc. The
case is styled as Hajuquan Williams, Individually and on behalf of
others similarly situated v. Chemstream, Inc., Case No.
2:24-cv-00272 (W.D. Pa., March 1, 2024).
The nature of suit is stated as Jobs Civil Rights for Employment
Discrimination.
Chemstream, Inc. -- https://chemstream.com/ -- is a nationwide
leading chemical company.[BN]
The Defendants are represented by:
Joshua P. Geist, Esq.
GOODRICH & GEIST, P.C.
3634 California Ave
Pittsburgh, PA 15212
Phone: (412) 766-1455
Fax: (412) 766-0300
Email: josh@goodrichandgeist.com
- and -
Michael A. Josephson, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
- and -
Richard J. Burch, Esq.
RICHARD BURCH
11 Greenway Plaza, Ste. 3025
Houston, TX 77046
Phone: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
The Defendant is represented by:
Katherine J. McLay, Esq.
JONES DAY
500 Grant Street, Suite 4500
Pittsburgh, PA 15219
Phone: (412) 391-3939
Email: kmclay@jonesday.com
CIGNA HEALTH: Bid for Leave to File Class Certification Sought
--------------------------------------------------------------
In the class action lawsuit captioned as RJ, et al., v. Cigna
Health and Life Insurance Company, et al., Case No.
5:20-cv-02255-EJD (N.D. Cal.), the Plaintiffs ask the Court to
enter an order granting the Plaintiffs' administrative motion for
leave to file a renewed motion for class certification, pursuant to
L.R. 7-11 and/or Fed. R. Civ. P. 23(c)(1)(C).
The Plaintiffs are flexible in how to proceed should the Court
grant this motion, but propose that if the Court grants this
motion, the Parties will meet and confer and file either a joint
stipulation with a proposed briefing schedule or a joint statement
setting forth the Parties' respective proposed schedules—as
indicated in the Plaintiffs' attached proposed order.
For all the reasons Plaintiffs have repeatedly argued, this class
action is the last chance for thousands of vulnerable people to
achieve a remedy for the wrongs caused by Defendants.
The Plaintiffs contend that if the motion is granted they will file
an entirely redrafted motion that addresses the deficiencies
identified in the Court's certification order.
Specifically, the Plaintiffs will propose much narrower subclasses
based on each named Plaintiff's plan language to address the
Court's commonality concerns. If this motion for leave to file is
granted, Plaintiffs will voluntarily dismiss their interlocutory
appeal and proceed with preparing a renewed motion for class
certification.
The Plaintiffs have met and conferred with the Defendants on March
1, 2024, who oppose this motion.
On January 17, 2023, Plaintiffs moved to certify the following
proposed class:
Any member of a health benefit plan administered or
issued
by Cigna and governed by ERISA, where the member's plan
utilized Cigna's 'Maximum Reimbursable Charge' program
for
out-of-network benefits and whose claim(s) for intensive
outpatient services billed with HCPCS H0015 and/or
revenue
code 0906 were priced by MultiPlan's Viant methodology,
during the class period January 1, 2015 to the present.
Cigna offers life and health insurance services.
A copy of the Plaintiffs' motion dated March 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=YPFDB8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Matthew M. Lavin, Esq.
ARNALL GOLDEN GREGORY LLP
2100 Pennsylvania Avenue, NW, Suite 350S
Washington, DC 20037
Telephone: (202) 677-4030
Facsimile: (202) 677-4031
E-mail: matt.lavin@agg.com
- and -
David M. Lilienstein, Esq.
Katie J. Spielman, Esq.
DL LAW GROUP
345 Franklin St.
San Francisco, CA 94102
Telephone: (415) 678-5050
Facsimile: (415) 358-8484
E-mail: david@dllawgroup.com
katie@dllawgroup.com
COLTER ENERGY: Joyce Suit Seeks FLSA Conditional Certification
--------------------------------------------------------------
In the class action lawsuit captioned as BRYAN JOYCE, Individually
and for Others Similarly Situated, v. COLTER ENERGY SERVICES USA,
INC., Case No. 2:22-cv-01367-DSC (W.D. Pa.), the Plaintiff asks the
Court to enter an order granting conditional certification pursuant
to the Fair Labor Standards Act ("FLSA"), and issuance of
Court-authorized notice.
(1) conditionally certify the proposed collective of employees;
(2) directing Colter to produce a complete and up-to-date list
of
the names, job titles, last-known mailing addresses, phone
numbers, email addresses, dates of employment, and locations
worked for the Putative Collective Members within 14 days of
the Court's order in a computer-readable electronic format,
such as Microsoft Excel spreadsheet;
(3) authorizing a 60-day notice period for Putative Collective
Members to join the case if they so choose;
(4) approving the notice and consent forms attached to his
supporting memorandum as Exhibit A;
(5) authorizing the Plaintiff's Counsel to send notice to
Putative
Collective Members via mail, email, and text message; and
(6) authorizing the Plaintiff's Counsel to contact Putative
Collective Members by telephone if their mailed or emailed
notice and consent forms are returned as undeliverable.
Drive Time Collective
"All current and former hourly, non-exempt employees of
Colter
who incurred unpaid drive time at any time from Aug. 30,
2019
to the present anywhere in the Commonwealth of
Pennsylvania."
Truck Pay/Mileage Collective
"All current and former hourly, non-exempt employees of
Colter
who either earned truck pay, mileage allowance, or both, at
any
time from Aug. 30, 2019 to the present anywhere in the
Commonwealth of Pennsylvania."
Subsistence Pay Collective
"All current and former hourly, non-exempt employees of
Colter
who earned subsistence pay at any time from Aug. 30, 2019 to
the present anywhere in the Commonwealth of Pennsylvania."
Colter is a security guard company.
A copy of the Plaintiff's motion dated March 7, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=2T8Oyt at no extra
charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
William M. Hogg, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
whogg@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
Joshua P. Geist, Esq.
William F. Goodrich, Esq.
GOODRICH & GEIST PC
3634 California Ave.
Pittsburgh, PA 15212
Telephone: (412) 766-1455
Facsimile: (412) 766-0300
E-mail: josh@goodrichandgeist.com
bill@goodrichandgeist.com
COMMONWEALTH EDISON: Dismissal of Sercurities Suit Under Appeal
---------------------------------------------------------------
Commonwealth Edison Company disclosed in its Form 10-K report Form
10-K for the fiscal year ended December 31, 2023, filed with the
Securities and Exchange Commission on February 21, 2024, that a
case it has been facing is currently on appeal.
On June 16, 2023, the Lake County, Illinois Circuit Court granted
its motion to dismiss, with prejudice, a putative class action
complaint for unjust enrichment and deceptive business practices in
connection with the conduct giving rise to a Deferred Prosecution
Agreement (DPA). Plaintiff filed its notice of appeal of that
dismissal on July 17, 2023.
Case was filed on November 3, 2022, and sought an accounting and
disgorgement of any benefits Commonwealth Edison allegedly
obtained. On July 17, 2020, Commonwealth Edison entered into a DPA
with the U.S. Attorney's Office (USAO) for the Northern District of
Illinois to resolve its investigation, where it filed a single
charge alleging that Commonwealth Edison Company improperly gave
and offered to give jobs, vendor subcontracts, and payments
associated with those jobs and subcontracts for the benefit of the
former Speaker of the Illinois House of Representatives and the
Speaker's associates, with the intent to influence the Speaker's
action regarding legislation affecting Commonwealth Edison's
interests.
The DPA provides that the USAO will defer any prosecution of such
charge and any other criminal or civil case against Commonwealth
Edison in connection with the matters identified therein for a
three-year period subject to certain of its obligations including
payment to the U.S. Treasury of $200 million, which was paid in
November 2020. Plaintiff served initial discovery requests in
December 2022. Commonwealth Edison filed a motion to dismiss the
Complaint on February 3, 2023.
Plaintiff filed its notice of appeal of that dismissal on July 17,
2023. Plaintiff's opening appellate brief was filed on October 19,
2023. ComEd and Exelon filed a response on January 2, 2024.
Plaintiff filed its reply brief on February 2, 2024. With leave of
court, Exelon and ComEd filed a sur-reply on February 14, 2024. The
appellate court has set oral argument for April 3, 2024.
Commonwealth Edison Company is a utility services holding company
engaged in the energy transmission and distribution businesses in
Northern Illinois, including the City of Chicago.
COMPLIANCE STAFFING: Maxfield Suit Removed to W.D. Pennsylvania
---------------------------------------------------------------
The case styled as Alex Maxfield, individually and on behalf of
others similarly situated v. Compliance Staffing Agency, LLC doing
business as JENNMAR Services, Case No. GD-24-00849 was removed from
the Allegheny County, to the U.S. District Court for the Western
District of Pennsylvania on March 1, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00267 to the
proceeding.
The nature of suit is stated as Other Labor.
JENNMAR Services -- https://www.jennmarservices.com/ -- provides
equal employment opportunities to all employees and
applicants.[BN]
The Plaintiffs are represented by:
Joshua P. Geist, Esq.
GOODRICH & GEIST, P.C.
3634 California Ave
Pittsburgh, PA 15212
Phone: (412) 766-1455
Fax: (412) 766-0300
Email: josh@goodrichandgeist.com
- and -
Michael A. Josephson, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
- and -
Richard J. Burch, Esq.
RICHARD BURCH
11 Greenway Plaza, Ste. 3025
Houston, TX 77046
Phone: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
The Defendant is represented by:
Christopher Bouriat, Esq.
REED SMITH LLP
225 Fifth Avenue
Reed Smith Centre
Pittsburgh, PA 15228
Phone: (412) 288-4119
Email: cbouriat@reedsmith.com
COOPER AEROBICS: Barber Files Suit in N.D. Texas
------------------------------------------------
A class action lawsuit has been filed against Cooper Aerobics
Enterprises, Inc. The case is styled as Larry Barber, individually
and on behalf of himself and all others similarly situated v.
Cooper Aerobics Enterprises, Inc., Case No. 3:24-cv-00499-S (N.D.
Tex., Feb. 29, 2024).
The nature of suit is stated as Other Contract.
Cooper Aerobics -- https://www.cooperaerobics.com/ -- is a health &
wellness company specializing in spa and corporate wellness
services. Dallas, Texas.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
3839 McKinney Avenue, Suite: 155-2319
Dallas, TX 75204
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
COPART INC: Mejia Suit Removed to C.D. California
-------------------------------------------------
The case captioned as Edwin Mejia, individually, and on behalf of
other members of the general public similarly situated v. COPART,
INC., a Delaware corporation; COPART CATASTROPHE RESPONSE FLEET
LLC, a Delaware limited liability company; COPART-DALLAS, LLC, a
California limited liability company; COPART-HOUSTON, LLC, a
California limited liability company and DOES 1 through 10,
inclusive, Case No. 24STCV02310 was removed from the Superior Court
of the State of California, County of Los Angeles, to the U.S.
District Court for the Central District of California on March 1,
2024, and assigned Case No. 2:24-cv-01705.
The Plaintiff's Complaint alleges nine causes of action for:
Failure to Pay Overtime Wages; Failure to Pay All Wages and Minimum
Wages; Failure to Provide Meal Periods; Failure to Provide
Compliant Rest Periods; Non-Compliant Wage Statements and Failure
to Maintain Payroll Records; Wages Not Timely Paid Upon
Termination; Failure to Timely Pay Wages During Employment;
Unreimbursed Business Expenses; and Unfair Business Practices.[BN]
The Defendants are represented by:
Bradley E. Schwan, Esq.
LITTLER MENDELSON, P.C.
2001 Ross Avenue, Suite 1500, Lock Box 116,
Dallas, TX 75201.2931
Phone: 214.880.8100
Email: bschwan@littler.com
- and -
Jannine E. Kranz, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 6th Floor
Los Angeles, CA 90067
Phone: 310.553.0308
Email: jkranz@littler.com
DARDEN RESTAURANTS: Court Narrows Claims in OFWI Suit
-----------------------------------------------------
In the class action lawsuit captioned as ONE FAIR WAGE, INC., v.
DARDEN RESTAURANTS INC., Case No. 3:21-cv-02695-EMC (N.D. Cal.),
the Hon. Judge Edward Chen entered an order granting in part and
denying in part the Defendant's motion to dismiss case.
The Court rejects Darden's 12(b)(1) facial challenge to OFW's
Article III standing. But, as the Court held in its prior order,
OFW lacks statutory standing, and therefore dismissal of this case
is appropriate.
However, the Court shall temporarily defer the entry of a final
judgment in favor of Darden because, at the hearing, OFW suggested
that the Court should reconsider its prior order holding there was
no statutory standing.
The Plaintiff has sued Darden Restaurants for employment
discrimination based on sex and race in violation of Title VII.
Previously, following remand from the Ninth Circuit, the Court
dismissed OFW's first amended complaint on the basis that it had
failed to establish Article III standing to pursue its claims.
The Court, however, gave OFW leave to amend. OFW filed a second
amended complaint (“SAC”), and Darden has now moved to dismiss
that pleading, again based on lack of Article III standing.
Darden operates eight prominent restaurant chain brands, including
The Olive Garden, LongHorn Steakhouse, and the Capital Grille.
A copy of the Court's order dated March 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=nyfzHc at no extra
charge.[CC]
DFL PIZZA: Seeks Denial of Nagel Class Status Bid
-------------------------------------------------
In the class action lawsuit captioned as BENJAMIN NAGEL, On behalf
of himself and those similarly situated, v. DFL PIZZA, LLC, JAY
FEAVEL, CHARLES S. DOLAN, JOHN DOE CORP. 1-10, JOHN DOE 1-10, Case
No. 1:21-cv-00946-DDD-SBP (D. Colo.), the Defendant asks the Court
to deny class certification and/or strike the Plaintiff's Class
allegations as to the arbitration employees.
The Court says that the Plaintiff cannot show the Rule 23
requirements of typicality, adequacy, predominance and superiority
with respect to these claims as he is not a party to an arbitration
agreement, and thus the class claims are properly stricken.
The Plaintiff filed his purported collective and class action
lawsuit on April 2, 2021, alleging claims for violation of the Fair
Labor Standards Act (FLSA), as well as wage claims under Colorado
law stemming from the Plaintiff's theory that the Defendant failed
to properly reimburse him and its other drivers for expenses and
denied them meal and rest breaks.
On May 3, 2021 -- within 14 days of service of the Complaint and
Summons—DFL Pizza unconditionally tendered a check to the
Plaintiff for the full amount, $2,703.81. The Plaintiff
subsequently cashed the check.
Despite having resolved his own State Law Claims, the Plaintiff
continues to pursue these claims, and purports to represent a class
of drivers who he claims were subjected to the same allegedly
unlawful conduct. However, unlike the Plaintiff, 643 of the 741
putative class members—86.77%—are subject to arbitration
agreements and are therefore bound to arbitrate any
employment-related claims with the Defendant.
As explained in DFL Pizza's concurrently-filed Motion to Dismiss,
and below, because the Plaintiff has been unconditionally paid all
wages he could possibly be owed, and he is not bound by an
arbitration agreement, the Plaintiff lacks standing with respect to
any of the State Law Claims.
Therefore, his individual and class claims should be dismissed
and/or stricken. Through this Motion, DFL Pizza is exercising its
affirmative right to seek denial of certification as to those
employees subject to arbitration agreements.
Whether on a motion to certify or to deny a class, a plaintiff
always bears the burden of establishing the class certification
requirements subject to a "rigorous standard of proof."
A copy of the Defendant's motion dated March 4, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=etZVxz at no extra
charge.[CC]
The Defendant is represented by:
Micah D. Dawson, Esq.
Kathleen McLeod Caminiti, Esq.
FISHER & PHILLIPS LLP
1125 17th Street, Suite 2400
Denver, CO 80202
Telephone: (303) 218-3665
E-mail: mdawson@fisherphillips.com
kcaminiti@fisherphillips.com
DIGITALOCEAN HOLDINGS: Securities Suit Voluntarily Dismissed
------------------------------------------------------------
DigitalOcean Holdings, Inc disclosed in its Form 10-K for the
fiscal year ended December 31, 2023, filed with the Securities and
Exchange Commission on February 21, 2024, that on September 12,
2023, a putative class action lawsuit was filed in the United
States District Court for the Southern District of New York,
against the company and certain of its current and former executive
officers for alleged violations of U.S. federal securities laws.
The complaint alleged, among other things, violations of federal
law and breaches of fiduciary duty. This was voluntarily dismissed
without prejudice.
DigitalOcean is a cloud computing platform offering on-demand
infrastructure and platform tools for developers at startups and
growing digital businesses, such as web and mobile applications,
website hosting, e-commerce, media and gaming, personal web
projects, managed services, and, most recently, artificial
intelligence and machine learning applications.
DIGNITY HEALTH: Husted Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Dignity Health, et
al. The case is styled as Catherine Husted, individually and on
behalf of other members of the general public similarly situated v.
Dignity Health, Does 1 through 50, Inclusive, Case No. CGC24612854
(Cal. Super. Ct., San Francisco Cty., March 4, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Dignity Health -- https://www.dignityhealth.org/ -- was a
California-based not-for-profit public-benefit corporation that
operated hospitals and ancillary care facilities in three
states.[BN]
The Plaintiff is represented by:
Edward J. Wynne, Esq.
WYNNE LAW FIRM
80 E Sir Francis Drake Blvd., Ste. 3G
Larkspur, CA 94939-1709
Phone: 415-461-6400
Fax: 415-461-3900
Email: ewynne@wynnelawfirm.com
DIVERSIFIED ADJUSTMENT: Evans Files FCRA Suit in N.D. Ohio
----------------------------------------------------------
A class action lawsuit has been filed against Diversified
Adjustment Service, Inc. The case is styled as Brandon M. Evans, on
behalf of himself and all others similarly situated v. Diversified
Adjustment Service, Inc., Case No. 5:24-cv-00403-SO (N.D. Ohio,
March 4, 2024).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Diversified Adjustment Service --
https://diversifiedadjustment.com/ -- provides debt collection
services to companies for their consumers using our helping hand
methods.[BN]
The Plaintiffs are represented by:
John A. Love, Esq.
LOVE CONSUMER LAW
2500 Northwinds Parkway, Ste. 330
Alpharetta, GA 30009
Phone: (404) 855-3600
Email: tlove@loveconsumerlaw.com
- and -
Robert W. Murphy, Esq.
LAW OFFICE OF ROBERT W. MURPHY
440 Premier Circle, Ste. 240
Charlottesville, VA 22901
Phone: (434) 328-3100
Fax: (434) 328-3101
Email: rwmurphy@lawfirmmurphy.com
- and -
Seth M. Lehrman, Esq.
LEHRMAN LAW - BOCA RATON
951 Yamato Road, Ste. 285
Boca Raton, FL 33431
Phone: (954) 323-2066
Email: seth@lehrmanlaw.com
DOLLAR TREE: Alvarado Suit Transferred to D. Maryland
-----------------------------------------------------
The case captioned as Yolanda Alvarado, individually and on behalf
of all others similarly situated v. Dollar Tree, Inc., Zeroed-In
Technologies, LLC, Doe Defendants 1-100, Case No. 2:23-cv-00672 was
transferred from the U.S. District Court for the Eastern District
of Virginia, to the U.S. District Court for the District of
Maryland on March 1, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00647-BAH to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Dollar Tree, Inc. -- https://www.dollartree.com/ -- is an American
multi-price-point chain of discount variety stores.[BN]
The Defendants are represented by:
Kelly M Lippincott, Esq.
GORDON REES SCULLY MANSUKHANI LLP
277 S. Washington St., Suite 550
Alexandria, VA 22314
Phone: (202) 399-1009
Fax: (202) 800-2999
Email: klippincott@grsm.com
EF EDUCATION: Douglas Seeks to Certify Class of Purchasers
----------------------------------------------------------
In the class action lawsuit captioned as Melissa Douglas, Thomas
Aikins, and Sara Kahl, on behalf of themselves and all others
similarly situated, v. EF Education First International, Ltd., EF
Institute for Cultural Exchange, Inc., and EF Explore America,
Inc., Case No. 1:20-cv-11740-DJC (D. Mass.), the Plaintiffs
request that the Court enter an Order:
1. Certifying the following class pursuant to Fed. R. Civ. P.
23:
The class is composed of: All purchasers of travel services
from
EF for trips that were initially scheduled to depart between
March 12, 2020 and December 31, 2021, whose trips did not
depart
as originally scheduled, and to whom EF paid a refund that
was
less than the full amount that the purchasers initially paid
for
the trips (a "Partial Refund").
The Class excludes any employees of EF and its affiliates or
their immediate family members, and any judge presiding over
this case or their immediate family members.
2. Appointing Plaintiffs as class representatives and their
counsel
as Class Counsel;
3. Authorizing the issuance of notice to Class Members; and
4. Granting any other relief the Court deems just.
EF is an international education company offering study abroad,
language learning, cultural exchange and academic programs around
the world.
A copy of the Plaintiff's motion dated March 6, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=YS3OBO at no extra
charge.[CC]
The Plaintiffs are represented by:
Elizabeth Ryan, Esq.
John Roddy, Esq.
BAILEY GLASSER LLP
176 Federal Street, 5th Floor
Boston, MA 02110
Telephone: (617) 439-6730
Facsimile: (617) 951-3954
E-mail: eryan@baileyglasser.com
jroddy@baileyglasser.com
- and -
William McGrane, Esq.
MCGRANE PC
Four Embarcadero Center, 14th Floor
San Francisco, CA 94111
Telephone: (415) 292-4807
Facsimile: (415) 276-5762
E-mail: william.mcgrane@mcgranepc.com
- and -
Barry M. Altman, Esq.
Brian T. Corrigan, Esq.
ALTMAN & ALTMAN
404 Main Street, Suite 3
Wilmington, MA 01887
Telephone: (978) 658-3388
Facsimile: (978) 694-4061
E-mail: baltman@altmanattorneys.com
bcorrigan@altmanattorney.com
- and -
Sean T. Carnathan, Esq.
O'CONNOR, CARNATHAN AND MACK LLC
10 Mall Road, Suite 301
Burlington, MA 01803
Telephone: (781) 359-9002
Facsimile: (781) 359-9001
E-mail: scarnathan@ocmlaw.net
- and -
Joshua P. Davis, Esq.
BERGER MONTAGUE, PC
505 Montgomery Street, Suite 625
San Francisco, CA 94111
Telephone: (415) 689-9282
E-mail: jdavis@bm.net
ELI LILLY & CO: Mosaic Health Suit Dismissed
--------------------------------------------
Eli Lilly and Company disclosed in its Form 10-Q for the fiscal
year ended December 31, 2023, filed with the Securities and
Exchange Commission on February 21, 2024, that the company, along
with Sanofi-Aventis U.S., LLC, Novo Nordisk Inc. and AstraZeneca
Pharmaceuticals LP, was named as a defendant in a purported class
action lawsuit filed in the U.S. District Court for the Western
District of New York by Mosaic Health, Inc. alleging antitrust and
unjust enrichment claims related to the defendants' 340B
distribution programs. Defendants filed a motion to dismiss the
lawsuit, which was granted in September 2022.
In October 2022, the plaintiffs filed a motion for leave to amend
their complaint and in January 2024, the court denied the motion
for leave to amend and dismissed the case.
Eli Lilly and Company is a pharmaceutical company based out of
Indianapolis, IN.
ELI LILLY AND CO: Faces Painters Suit in California
---------------------------------------------------
Eli Lilly and Company disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 8, 2023, that it was named along with Takeda
Chemical Industries, Ltd. and Takeda affiliates in a third-party
payor class action in the U.S. District Court for the Central
District of California captioned "Painters et al. v. Takeda et al."
Plaintiffs claim that they and similarly situated class members are
entitled to recover money paid for or to reimburse "Actos"
prescriptions because of alleged concealment of bladder cancer
risk. In August 2023, the Ninth Circuit granted Eli Lilly's and
Takeda's petition for permission to appeal the class certification
order, and briefing was submitted in January 2024.
The company's agreement with Takeda calls for Takeda to defend and
indemnify the company against losses and expenses with respect to
U.S. litigation arising out of the manufacture, use, or sale of
Actos and other related expenses in accordance with the terms of
the agreement. In June 2023, the company and Takeda filed a
petition for permission to appeal the class certification order.
Actos is a registered trademark of Takeda Pharmaceutical Company
Limited.
Eli Lilly and Company is a pharmaceutical company based out of
Indianapolis, IN.
EPIC LANDSCAPE: Seeks Leave to File Class Cert Surreply in Gomez
----------------------------------------------------------------
In the class action lawsuit captioned as JOSE GONZALEZ GOMEZ, et
al., v. EPIC LANDSCAPE PRODUCTIONS, L.C., JOHN CONSTANT, MARTY
SILER and EPIC LANDSCAPE PRODUCTIONS, INC., Case No.
2:22-cv-02198-JAR-ADM (D. Kan.), the Defendants, pursuant to Local
Rule 15.1, request leave to file a surreply in opposition to the
Plaintiffs' motion for class certification.
1. This case is a wage and hour action alleging unpaid
overtime
premiums. The Plaintiffs are seeking overtime compensation
not
only through an FLSA claim, but also through four other
statelaw claims. In this motion, the Defendants seek leave
to
file a surreply in opposition to the Plaintiffs' motion for
class certification.
2. On Feb. 7, 2024, the Plaintiffs filed a motion to amend
their Motion for Class Certification to provide "a full
copy
of the Exhibit already submitted" with that motion.
-- 3. On February 16, the Court granted the Plaintiffs' motion.
-- 4. Without the opportunity to file a surreply, the Defendants
cannot respond to the nearly 500 pages of material that the
Plaintiffs have added in support of their Motion for Class
Certification.
-- 5. Additionally, the Plaintiffs appear to adopt different
class
and subclass definitions in their Reply than they did in
their
Motion. Their Motion seeks to certify one class with four
subclasses—one for Kansas H-2B workers, one for Missouri
H-2B
workers, one for Kansas nonH-2B workers, and one for
Missouri
non-H-2B workers. See Doc. 147 at 7, 24. Their Reply seeks
to certify two classes—one based on the alleged
representations to the H-2B workers, and one for MMWL
claims.
The first class has two subclasses—one for H-2B workers
(contract claims), and one for non-H-2B workers (equitable
claims).
A copy of the Defendants' motion dated March 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=FF8hp0 at no extra
charge.[CC]
The Defendants are represented by:
Alan L. Rupe, Esq.
Jared Harpt, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
1605 N. Waterfront Parkway, Suite 150
Wichita, KS 67206
Telephone: (316) 609-7900
Facsimile: (316) 462-5746
E-mail: alan.rupe@lewisbrisbois.com
jared.harpt@lewisbrisbois.com
- and -
Eric W. Barth, Esq.
HINKLE LAW FIRM LLC
1617 North Waterfront Parkway, Suite 400
Wichita, KS 67206
Telephone: (316) 267-2000
Facsimile: (316) 630-8466
E-mail: ebarth@hinklaw.com
EXELON CORP: Court Affirms Dismissal of Securities Suit
-------------------------------------------------------
Exelon Corp. disclosed in its Form 10-Q report for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that the plaintiffs filed an
appeal with the First District Court of Appeals with regards to a
consolidated consumer case but on September 8, 2023, the Illinois
appellate court affirmed the dismissal.
Three putative class action lawsuits against Exelon were filed in
Illinois state court in the third quarter of 2020 seeking
restitution and compensatory damages on behalf of Commonwealth
Edison customers. The cases were consolidated into a single action
in October of 2020. In November 2020, Citizens Utility Board (CUB)
filed a motion to intervene in the cases pursuant to an Illinois
statute allowing CUB to intervene as a party or otherwise
participate on behalf of utility consumers in any proceeding which
affects the interest of utility consumers. On November 23, 2020,
the court allowed CUB's intervention, but denied CUB's request to
stay these cases.
Plaintiffs subsequently filed a consolidated complaint, Exelon
filed a motion to dismiss on jurisdictional and substantive grounds
on January 11, 2021. Briefing on that motion was completed on March
2, 2021. The parties agreed, on March 25, 2021, along with the
federal court plaintiffs discussed above, to jointly engage in
mediation. The parties participated in a one-day mediation on June
7, 2021 but no settlement was reached.
On December 23, 2021, the state court granted Exelon's motion to
dismiss with prejudice. On December 30, 2021, plaintiffs filed a
motion to reconsider that dismissal and for permission to amend
their complaint. The court denied the plaintiffs' motion on January
21, 2022. Plaintiffs have appealed the court's ruling dismissing
their complaint to the First District Court of Appeals. On February
15, 2022, Exelon moved to dismiss the federal plaintiffs' refiled
state law claims. The court granted dismissal of the refiled state
claims on February 16, 2022. The original federal plaintiffs
appealed that dismissal on February 18, 2022. The state appeals
were consolidated on March 21, 2022. Parties are awaiting oral
argument and/or a decision.
Exelon Corporation is a utility services holding company engaged in
the energy transmission and distribution businesses.
FAMILY DOLLAR STORES: Oliva Sues Over Improperly Stored Products
----------------------------------------------------------------
Elsa Oliva, individually and on behalf of all others similarly
situated v. FAMILY DOLLAR STORES, LLC, FAMILY DOLLAR, LLC, and
DOLLAR TREE, INC., Case No. 0:24-cv-60359-XXXX (S.D. Fla., March 1,
2024), is brought arising out of Family Dollar's sale of
economically worthless products, including pharmaceuticals and
medical devices, where the products were adulterated because they
were improperly stored outside their labeled temperature range
and/or humidity requirements prior to arriving on the shelves of
Family Dollar's retail stores in Florida (the "Products"), and as a
result customers purchased Products that, unknown to them but known
to Family Dollar, could not lawfully be sold, were unsafe for human
use or ingestion, and were defective.
Family Dollar cut corners and unlawfully and knowingly distributed
and sold tens of millions of dollars of adulterated OTC drugs and
medical devices to these low- and fixed-income consumers. If
Plaintiff and those similarly situated had known the truth, they
would not have purchased the Products (or at minimum would have
paid less), because they could not rely on the Products' safety or
effectiveness.
A report issued by the U.S. Food and Drug Administration ("FDA") in
February 2022 about a Family Dollar facility in West Memphis,
Arkansas, for its observations of an enormous rodent infestation,
resulted in a recall; temporary closure of 404 Family Dollar stores
in 6 states. The February 2022 FDA Report already contained
warnings that "drug products are not stored under appropriate
conditions of temperature and humidity so that their identity,
strength, quality, and purity are not affected."
Regardless of and even long after the FDA's warnings, Family Dollar
continued to store products outside their labeled temperature
requirements and ship them to retail stores in Florida, which it
admitted, through the following voluntary recalls of its products
already shipped to retail locations in Florida which each occurred
after May 1, 2022. Products that are stored outside of labeled
temperature requirements suffer from decreased efficacy and life
expectancy Proper storage of pharmaceutical products is important
to ensure the identity, strength, quality, and purity of the
products are not affected. Because Family Dollar actively concealed
material safety information from customers, customers bought the
Products in reliance on the numerous express and implied promises,
representations, assurances and/or affirmations from Family
Dollar.
The Plaintiff and Class Members were injured by the full purchase
price of the Products because the Products are worthless, as they
are adulterated and Family Dollar failed to warn consumers of this
fact. Such illegally sold products are worthless and have no value.
The Plaintiff and Class Members bargained for Products safe and
effective for their intended use and were deprived the basis of
their bargain when Family Dollar sold them Products stored outside
their labeled temperature and humidity requirements, rendering the
Products unmerchantable and unfit for use, says the complaint.
The Plaintiff purchased the Products, they were unaware that the
Products could not lawfully be sold and were unsafe or ineffective
for their intended purpose.
Family Dollar distributes and sells over-the-counter ("OTC')
pharmaceuticals and medical devices to consumers in Florida in more
than 500 brick-and-mortar retail locations.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
Steven Sukert, Esq.
KOPELOWITZ OSTROW P.A
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 332-4200
Email: ostrow@kolawyers.com
sukert@kolawyers.com
- and -
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Phone: (786) 879-8200
Email: mweekes@milberg.com
FAST BUSINESS: Class Cert. Bid Filing Extended to April 1
---------------------------------------------------------
In the class action lawsuit captioned as R'KES STARLING, v. FAST
BUSINESS FINANCIAL, LLC, ET AL., Case No. 4:23-cv-00655-P (N.D.
Tex.), the Hon. Judge Mark Pittman entered an order granting in
part and denying in part the Plaintiff's opposed motion for
modification of the
Court's scheduling order.
While the Motion outlines a series of discovery delays, it fails to
show how those delays warrant an extension of fourteen deadlines
from the Court's Scheduling Order.
Moreover, insofar as these delays have been ongoing, the motion
provides no explanation for filing a request for extensions on the
very day class certification was due.
The Court also grants an extension of the class certification
deadline, extending such deadline to April 1, 2024. All other
requested extensions are denied.
Fast business offers small business loans with a maximum term of 24
months.
A copy of the Court's order dated March 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=pZ14Ny at no extra
charge.[CC]
FCA US: Alger Seeks to Modify Class Certification Order
-------------------------------------------------------
In the class action lawsuit captioned as SHAWN ALGER, as an
individual and on behalf of all others similarly situated, v. FCA
US LLC f/k/a CHRYSLER GROUP LLC, a Delaware Corporation, and DOES 1
through 100, inclusive, Case No. 2:18-cv-00360-DJC-JDP (E.D. Cal.),
the Plaintiff ask the Court for an order:
(1) modifying the class certification order to remove from
the
Class Definition all Class Vehicles manufactured before
Jan. 1, 2015;
(2) granting motion to leave to file an amended complaint to
substitute a new named Plaintiff; and
(3) appointing the new named Plaintiff as Class
Representative
for the certified Class and Subclass.
The Plaintiff requests that the Court modify its class
certification order to make two changes related to the class at
issue in the upcoming trial.
First, the Plaintiff seeks to modify the class definition to remove
Class Vehicles manufactured before Jan. 1, 2015, to further conform
to the evidence revealed during discovery and recent trials
regarding
when Defendant FCA knew or should have known of the defect in its
Active Head Restraint systems, as demonstrated by FCA’s warranty
data and other internal FCA documents.
Second, the Plaintiff seeks leave to file a Third Amended Complaint
substituting the current Class Representative with a new Class
Representative.
On Feb. 18, 2020, the Court certified the following Class under
Rule 23(b)(3), excluding any personal injury claims:
"All persons in California who currently own or lease, or who
have
owned or leased, any Class Vehicle manufactured by Chrysler or
any
of its subsidiaries or affiliates that is equipped with an
Automatic Head Restraint ("AHR") system."
The Court also certified a California CLRA Subclass consisting of:
"all members of the Class who are "consumers" within the meaning
of
California Civil Code section 1761(d). The Court appointed Shawn
Alger as the Representative of the Class and Subclass."
"Class Vehicles" would be composed of the following makes and model
years:
2015 – 2018 Dodge Journey
2015 – 2017 Jeep Patriot or Compass
2015 – 2018 Dodge Caravan
2015 – 2018 Town & Country
2015 – 2018 Dodge Durango
2015 – 2018 Jeep Grand Cherokee
And the proposed modified Subclass would include all members of the
Class who are "consumers" within the meaning of California Civil
Code section 1761(d).
FCA designs, engineers, manufactures, and sells vehicles.
A copy of the Plaintiff's motion dated March 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=GX0Rac at no extra
charge.[CC]
The Plaintiff is represented by:
Mark P. Chalos, Esq.
Kenneth S. Byrd, Esq.
Andrew R. Kaufman, Esq.
Christopher E. Coleman, Esq.
Amelia A. Haselkorn, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
222 Second Avenue South, Suite 1640
Nashville, TN 37201
Telephone: (615) 313-9000
Facsimile: (615) 313-9965
E-mail: mchalos@lchb.com
kbyrd@lchb.com
akaufman@lchb.com
ahaselkorn@lchb.com
- and -
William A. Kershaw, Esq.
Stuart C. Talley, Esq.
Ian J. Barlow, Esq.
KERSHAW TALLEY BARLOW PC
401 Watt Avenue
Sacramento, CA 95864
Telephone: (916) 779-7000
Facsimile: (916) 721-2501
E-mail: bill@ktblegal.com
stuart@ktblegal.com
ian@ktblegal.com
FLAGSTAR BANK: Class Cert Bid Filing in Saucedo Extended to May 10
------------------------------------------------------------------
In the class action lawsuit captioned as Saucedo v. Flagstar Bank,
FSB et al., Case No. 5:22-cv-04891 (N.D. Cal., Filed Aug. 26,
2022), the Hon. Judge P. Casey Pitts entered an order vacating the
March 14, 2024 hearing scheduled on plaintiff's motion for leave to
file a fourth amended complaint.
-- The Court denies in part plaintiff's administrative motion
requesting an additional 12 months for class discovery.
-- The Court will extend the:
Plaintiff's March 15, 2024 deadline to file a motion for class
certification by 8 weeks, to May 10, 2024.
Defendant's April 19, 2024 opposition deadline to June 14,
2024.
Plaintiff's May 24, 2024 reply deadline to July 19, 2024.
The hearing on plaintiff's motion for class certification motion
will be held on Aug. 8, 2024 at 10:00 am in Courtroom 8 of the
Court's San Jose courthouse.
The suit alleges violation of the Fair Credit Reporting Act.
The nature of suit states Torts -- Personal Property -- Other
Personal Property Damage.
Flagstar is an American commercial bank.[CC]
FREELAND ENTERPRISES: Zachary Seeks to Send Notice to Employees
---------------------------------------------------------------
In the class action lawsuit captioned as Denim Zachary and Michelle
Coffin, On behalf of themselves and those similarly situated, v.
Freeland Enterprises, Inc., RFJ Trust I, Freeland Group
Restaurants, Hut Diggity, Deanna Freeland, Todd Hollman, Tyler
Freeland, John Doe Corporation 1-10, and John Doe 1-10; Case No.
3:23-cv-00948-DRL-MGG (N.D. Ind.), the Plaintiffs move this Court
for an Order allowing him to send notice of this action to the
following similarly situated employees:
To current and former delivery drivers employed at the
Freeland Enterprises stores owned, operated, and
controlled
by any of the named Defendants nationwide, including
Indiana, during the three years prior to the filing of
the
original complaint and the date of final judgment in this
matter, who elect to opt-in to this action.
Freeland is engaged in the retail sale of prepared foods and
drinks.
A copy of the Plaintiffs' motion dated March 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=xwmLIK at no extra
charge.[CC]
The Plaintiffs are represented by:
Frank Raimond, Esq.
RAIMOND & STAINES LLC
305 Broadway, 7th Floor
New York, NY 10007
Telephone: (212) 884-9636
E-mail: frank@raimondstaines.com
- and -
Myra Reid, Esq.
ANDERSON, AGOSTINO & KELLER, P.C.
131 South Taylor Street
South Bend, IN 46601
Telephone: (574) 288-1510
E-mail: reid@aaklaw.com
GATE GOURMET: Solis Suit Removed to N.D. California
---------------------------------------------------
The case captioned as Kevin Roberto Solis, an individual and on
behalf of all others similarly situated v. GATE GOURMET, INC., a
Delaware corporation; ALLIE DOE, an individual; and DOES 1 through
100, inclusive, Case No. 24STCV02310 was removed from the Superior
Court of the State of California, County of Los Angeles, to the
U.S. District Court for the Northern District of California on
March 1, 2024, and assigned Case No. 3:24-cv-01287.
The Plaintiff alleges eleven causes of action. They are: to pay
overtime wages; failure to pay minimum wages; failure to provide
meal periods; failure to provide rest periods; waiting time
penalties; wage statement violations; failure to timely pay wages
during employment; failure to indemnify for necessary business
expenses; failure to pay interest on deposits; violation of labor
code section 227.3; and unfair competition based on the same
alleged Labor Code violations and based on an alleged violation of
the Healthy Workplace Health Families Act of 2014.[BN]
The Defendants are represented by:
Brian Berry, Esq.
Sarah Zenewicz, Esq.
Grace Johnson, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market
Spear Street Tower
San Francisco, CA 94105-1596
Phone: +1.415.442.1000
Fax: +1.415.442.1001
Email: brian.berry@morganlewis.com
sarah.zenewlcz@morganlems.com
grace-johnson@morganlewis.com
GLOBAL EXCHANGE: Scheduling Order Entered in Avery Class Suit
-------------------------------------------------------------
In the class action lawsuit captioned as JONATHAN AVERY, v. GLOBAL
EXCHANGE VACATION CLUB, et al., Case No. 8:23-cv-02071-CJC-DFM
(C.D. Cal.), the Hon. Judge Cormac Carney entered a scheduling
order pursuant to Federal Rule of Civil Procedure 26(f), as
follows:
-- All discovery, including discovery motions, shall be
completed
by Nov. 6, 2025. Discovery motions must be filed and heard
prior to this date.
-- The parties shall have until Jan. 5, 2026 to file and have
heard all other motions, including motions to join or amend
the
pleadings.
-- A pretrial conference will be held on Monday, Mar. 9, 2026
at
03:00 PM. Full compliance with Local Rule 16 is required.
-- The case is set for a jury trial, Tuesday, Mar. 17, 2026 at
08:30 AM.
-- The parties are referred to ADR Procedure No. 3 − Private
Mediation. The parties shall have until Nov. 20, 2025 to
conduct settlement proceedings. The parties shall file with
the
Court a Joint Status Report no later than five (5) days
after
the ADR proceeding is completed advising the Court of their
settlement efforts and status.
-- The Plaintiff shall have until June 9, 2025 to file and have
heard any class certification motion.
Global Exchange provides quality vacation ownership.
A copy of the Court's order dated March 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=qEuWlp at no extra
charge.[CC]
GOSSAMER GEAR INC: Herrera Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Gossamer Gear Inc.
The case is styled as Edery Herrera, on behalf of himself and all
other persons similarly situated v. Gossamer Gear Inc., Case No.
1:24-cv-01738-DEH-RFT (S.D.N.Y., March 6, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Gossamer Gear -- https://www.gossamergear.com/ -- designs and
manufactures backpacks, shelters, trekking poles, sleeping mats,
and hiking equipment accessories.[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
GOVERNMENT EMPLOYEES: Fails to Pay Proper Wages, Alvarez Alleges
----------------------------------------------------------------
ASHLEY ALVAREZ; and MARK SOWELL, individually and on behalf of all
others similarly situated, Plaintiffs v. GOVERNMENT EMPLOYEES
INSURANCE COMPANY d/b/a GEICO, Defendant, Case No.
1:24-cv-00722-SAG (D. Md., March 11, 2024) seeks to recover from
the Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
The Plaintiffs were employed by the Defendants as special
investigators.
Government Employees Insurance Company provides insurance products.
The Company offers automobile, motorcycle, renter, homeowner, life,
mobile home, flood, condo, umbrella, and boat insurances. [BN]
The Plaintiffs are represented by:
Hannah Cole-Chu, Esq.
OUTTEN & GOLDEN LLP
1225 New York Ave NW, Suite 1200B
Washington, DC 20005
Telephone: (202) 847-4400
Facsimile: (202) 847-4410
Email: hcolechu@outtengolden.com
- and -
Michael J. Scimone, Esq.
Jarron D. McAllister, Esq.
OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Telephone: 212-245-1000
Facsimile: 646-509-2060
Email: mscimone@outtengolden.com
jmcallister@outtengolden.com
HOMESITE INSURANCE: Bids to Certify Classes Due March 7, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as JAMES FLETCHER,
individually and on behalf of others similarly situated, v.
HOMESITE INSURANCE COMPANY, Case No. 3:23-cv-00624-jdp (W.D. Wis.),
the Hon. Judge Stephen Crocker entered a preliminary pretrial
conference order as follows:
1. Amendments to the pleadings: May 6, 2024
2. Motions & Briefs To Certify Classes: March 7, 2025
Responses: April 4, 2025
Replies: April 18, 2025
3. Deadline for filing dispositive motions: Oct. 3, 2025
4. Settlement Letters: Feb. 20, 2026
5. Discovery Cutoff: Feb. 20, 2026
6. Rule 26(a)(3) Disclosures and all Feb. 27, 2026
motions in limine:
7. First Final Pretrial Conference: March 25, 2026
8. Second Final Pretrial Conference: April 1, 2026
9. Trial: April 13, 2026
Homesite provides homeowners, renters and condominium insurance
nationwide.
A copy of the Court's order dated March 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=jAHl39 at no extra
charge.[CC]
HOUSTON METHODIST: Sweat Suit Removed to S.D. Texas
---------------------------------------------------
The case captioned as Edward Sweat and Marie Garza Sweat,
individually and on behalf of a class of similarly situated
individuals v. HOUSTON METHODIST HOSPITAL, Case No. 2024-02735 was
removed from the District Court of Harris County, Texas, to the
U.S. District Court for the Southern District of Texas on March 4,
2024, and assigned Case No. 4:24-cv-00775.
The Plaintiffs filed this action alleging violation of a federal
statute, the Electronic Communications Privacy Act ("ECPA"), as
well as state law claims for invasion of privacy, breach of implied
contract, and unjust enrichment.[BN]
The Defendants are represented by:
R. Paul Yetter, Esq.
Tracy N. LeRoy, Esq.
Mary E. Bracewell, Esq.
YETTER COLEMAN LLP
811 Main Street, Suite 4100
Houston, TX 77002
Phone: (713) 632-8000
Email: pyetter@yettercoleman.com
tleroy@yettercoleman.com
mbracewell@yettercoleman.com
HSBC USA: Faces Price-Rigging Suit in NY Court
-----------------------------------------------
HSBC USA Inc. disclosed in its Form 10-K report for the fiscal year
ended December 31, 2023, filed with the Securities and Exchange
Commission on February 21, 2024, that in July 2023, the defendants
in several putative class actions filed in the U.S. District Court
for the Southern District of New York, filed a joint motion for
judgment on the pleadings to dismiss the complaint.
In 2014, members of The London Platinum and Palladium Fixing
Company, including HSBC Bank USA, BASF Metals Limited, Goldman
Sachs International and Standard Bank, plc were named as defendants
in said action. The complaints seek unspecified damages based upon
allegations that, from January 2008 through November 2014,
defendants conspired to manipulate the benchmark prices for
physical Platinum Group Metals and its financial products.
HSBC Bank USA is an American subsidiary of the British banking
group HSBC, is a bank with its operational head office in New York
City and its nominal head office in McLean, Virginia. HSBC USA Inc.
is a wholly-owned subsidiary of HSBC North America Holdings Inc.,
which is an indirect wholly-owned subsidiary of HSBC Holdings plc.
HURLEY MEDICAL: Fails to Pay Proper Wages, Buford Alleges
---------------------------------------------------------
CHEVON BUFORD, individually and on behalf of all others similarly
situated, Plaintiff v. HURLEY MEDICAL CENTER, Defendant, Case No.
4:24-cv-10620-MFL-CI (E.D. Mich., March 11, 2024) seeks to recover
from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Buford was employed by the Defendant as a nurse.
HURLEY MEDICAL CENTER was founded in 1908, and is a 443 bed public,
non-profit, teaching medical center located in Flint, Michigan.
[BN]
The Plaintiff is represented by:
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
Email: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
- and -
David M. Blanchard, Esq.
BLANCHARD & WALKER, PLLC
221 North Main Street, Suite 300
Ann Arbor, MI 48104
Telephone: (734) 929-4313
Email: blanchard@bwlawonline.com
JB PRITZER: Court Narrows Claims in Haynes Suit
-----------------------------------------------
In the class action lawsuit captioned as GREGORY HAYNES, v. JB
PRITZER, ROB JEFFREYS, ANTHONY WILLS, ANTHONY JONES, JOSHUA
SCHOENBECK, WALKER, CURTIS P. COX, INTERNAL AFFAIRS UNIT, WEXFORD
HEALTH SOURCES, JOHN DOE 1, JOHN DOE 2, Case No. 3:23-cv-04069-DWD
(S.D. Ill.), the Hon. Judge David W. Dugan entered an order that
Claim 3 of the Complaint survives against Defendants Anthony Jones,
Joshua Schoenbeck, and Walker are dismissed.
By contrast, Claims 1-2 and Claims 4-5 are dismissed for failure to
state a claim.
-- All allegations against Defendants JB Pritzker, Rob Jeffreys,
Anthony Wills, Curtis P Cox, Internal Affairs Unit, Wexford
Health Sources, John Doe 1, and John Doe 2 have also been
dismissed as insufficient and the Clerk of Court is directed
to
terminate these parties.
-- The Clerk of Court is DIRECTED to prepare for Defendants
Joshua
Schoenbeck, Anthony Jones, and Walker: (1) Form 5 (Notice of a
Lawsuit and Request to Waive Service of a Summons), and (2)
Form
6 (Waiver of Service of Summons).
-- The Clerk is directed to mail these forms, a copy of the
Complaint (Doc. 1), and this Memorandum and Order to
Defendants'
place of employment as identified by Plaintiff. If a Defendant
fails to sign and return the Waiver of Service of Summons
(Form
6) to the Clerk within 30 days from the date the forms were
sent,
the Clerk shall take appropriate steps to effect formal
service
on Defendant, and the Court will require Defendant to pay the
full costs of formal service, to the extent authorized by the
Federal Rules of Civil Procedure.
The Plaintiff Gregory Haynes, an inmate of the Illinois Department
of Corrections (IDOC) currently detained at Hill Correctional
Center, brings this civil rights action pursuant to 42 U.S.C.
section 1983 for alleged deprivations of his constitutional rights
while at
Menard Correctional Center (Menard).
Specifically, the Plaintiff alleges that he was wrongfully found
guilty of a disciplinary ticket that was later expunged, but in the
interim he spent more than a month in segregation under deplorable
conditions.
On Nov. 22, 2021, Defendant Curtis P. Cox visited Plaintiff's cell
to deliver legal mail, however, during the interaction Cox
commented that the envelope containing the mail looked odd and Cox
walked away with the mail in his possession.
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=8gCe4i at no extra
charge.[CC]
JEANS WAREHOUSE: Wahab Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Jeans Warehouse, Inc.
The case is styled as Angela Wahab, on behalf of herself and all
others similarly situated v. Jeans Warehouse, Inc., Case No.
1:24-cv-01601 (S.D.N.Y., March 1, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Jeans Warehouse Inc. -- https://www.jeanswarehousehawaii.com/ -- is
the top trendy Junior fast fashion company with 25 stores located
in Hawaii and Guam with a growing Online business.[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
JOHN GIETZ: Rendon Suit Removed to D. South Carolina
----------------------------------------------------
The case styled as American Acceptance Corporation of SC, on behalf
of itself and all others similarly situated v. John Gietz, The
Lexington County Sheriff's Department, Bryan "Jay" Koon, Case No.
2024-CP-32-00492 was removed from the Lexington County Court of
Common Pleas, to the U.S. District Court for the District of South
Carolina on March 1, 2024.
The District Court Clerk assigned Case No. 3:24-cv-01099-SAL to the
proceeding.
The nature of suit is stated as Other Civil Rights for Civil Rights
Act.
John Gietz -- https://www.lexingtonscsheriff.com -- has been
promoted to investigator at The Lexington County Sheriff's
Department.[BN]
The Plaintiffs are represented by:
Joseph Gregory Studemeyer, Esq.
STUDEMEYER LAW FIRM
7478 Carlisle Street
PO Box 1014
Irmo, SC 29063
Phone: (803) 393-4399
Email: greg@studemeyerlawfirm.com
The Defendant is represented by:
Austin Tyler Reed, Esq.
Daniel C. Plyler, Esq.
Frederick Newman Hanna, Jr., Esq.
SMITH ROBINSON HOLLER DUBOSE AND MORGAN (COLA)
2530 Devine Street, Third Floor
Columbia, SC 29205
Phone: (803) 254-5445
Email: Austin.Reed@smithrobinsonlaw.com
daniel.plyler@smithrobinsonlaw.com
fred.hanna@smithrobinsonlaw.com
KATIE MAY LLC: Fernandez Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Katie May, LLC. The
case is styled as Jacqueline Fernandez, on behalf of herself and
all others similarly situated v. Katie May, LLC, Case No.
1:24-cv-01592 (S.D.N.Y., March 1, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Katie May -- https://www.katiemay.com/ -- offers a selection of
backless wedding gowns that are exquisite in aesthetic, quality,
and construction.[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
KATMAI TECHNICAL: Guzman Suit Removed to S.D. California
--------------------------------------------------------
The case captioned as Charles Guzman, individually and on behalf of
all others similarly situated v. KATMAI TECHNICAL SERVICES, LLC;
and DOES 1 through 20, inclusive, Case No.
37-2023-00052841-CU-OE-CTL was removed from the Superior Court of
the State of California, County of San Diego, to the U.S. District
Court for the Southern District of California on March 1, 2024, and
assigned Case No. 3:24-cv-01288.
The Plaintiff's single cause of action for PAGA penalties is based
on Plaintiff's contention that Defendant violated the California
Labor Code during his employment at Camp Pendleton. Specifically,
Plaintiff has alleged that Defendant: failed to pay minimum wages;
failed to pay overtime wages; failed to permit rest breaks; failed
to provide meal periods; failed to timely pay wages; failed to pay
all wages due upon separation of employment; failed to provide
accurate itemized wage statements; and failed to reimburse business
expenses.[BN]
The Defendants are represented by:
Roland Juarez, Esq.
D. Andrew Quigley, Esq.
Veronica A. Torrejon, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627
Phone: 213-532-2000
Facsimile: 213-532-2020
Email rjuarez@HuntonAK.com
aquigley@HuntonAK.com
vtorrejon@HuntonAK.com
KEENAN & ASSOCIATES: Fails to Secure Customers' Info, Spina Says
----------------------------------------------------------------
SALVATORE SPINA, individually and on behalf of all others similarly
situated, Plaintiff v. KEENAN & ASSOCIATES, Defendant, Case No.
2:24-cv-01699 (C.D. Cal., March 1, 2024) is a class action against
the Defendant for negligence, invasion of privacy, breach of
fiduciary duty, unjust enrichment, and violations of the California
Confidentiality of Medical Information Act, the California Consumer
Records Act, the California Unfair Competition Law, and the
California Consumer Privacy Act.
On August 27, 2023, Defendant "discovered certain disruptions
occurring on some Keenan network servers." The Defendant "learned
that an unauthorized party gained access to certain Keenan internal
systems at various times between approximately August 21 and August
27, 2023, and that the unauthorized party obtained some data from
Keenan systems."
According to the complaint, the Plaintiff and the Class have been
placed at a substantial risk of harm following the data breach in
the form of credit fraud or identity theft and have incurred and
will likely incur additional damages, including spending
substantial amounts of time monitoring accounts and records, in
order to prevent and mitigate credit fraud, identity theft, and
financial fraud.
Additionally, Plaintiff and the Class have suffered or are at
increased risk of suffering from, inter alia, the loss of the
opportunity to control how their personally identifying information
and protected health information is used, the diminution in the
value and/or use of their PII and PHI entrusted to Defendant, and
loss of privacy, says the suit.
Keenan & Associates provides insurance and budgetary solutions for
schools, public agencies and health care organizations.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
E-mail: jgoldenberg@gs-legal.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN, LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: cschaffer@lfsblaw.com
KEENAN & ASSOCIATES: Heath Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Heather Heath and Brian Heinz, individually
and on behalf of all others similarly situated v. KEENAN &
ASSOCIATES, and DOES 1 through 20, inclusive, Case No. 24STCV03018
was removed from the Superior Court of California, County of Los
Angeles, to the U.S. District Court for the Central District of
California on March 1, 2024, and assigned Case No.
2:24-cv-01733-JLS-PD.
On February 20, 2024, the Plaintiffs filed a First Amended Class
Action Complaint ("FAC"). In the FAC, Plaintiffs assert claims for:
Violation of California Unfair Competition Law, Business and
Professions Code; Violation of California Consumer Privacy Act
("CCPA"); Violation of California Confidentiality of Medical
Information Action ("CMIA"); Negligence; Negligence Per Se; Breach
of Third-Party Beneficiary Contract; Invasion of Privacy; Breach of
Confidence; and Unjust Enrichment.[BN]
The Defendants are represented by:
John A. Vogt, Esq.
Ryan D. Ball, Esq.
Matthew T. Billeci, Esq.
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Phone: +1.949.851.3939
Facsimile: +1.949.553.7539
Email: javogt@jonesday.com
rball@jonesday.com
mbilleci@jonesday.com
KEENAN & ASSOCIATES: Spina Files Suit in C.D. California
--------------------------------------------------------
A class action lawsuit has been filed against Keenan & Associates.
The case is styled as Salvatore Spina, individually and on behalf
of all others similarly situated v. Keenan & Associates, Case No.
2:24-cv-01697 (C.D. Cal., March 1, 2024).
The nature of suit is stated as Other P.I. for Contract Dispute.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
KEENAN AND ASSOCIATES: Combs Suit Removed to C.D. California
------------------------------------------------------------
The case styled as Michelle Combs, individually and on behalf of
all others similarly situated v. Keenan and Associates, Case No.
24STCV04862 was removed from the Los Angeles Superior Court, State
of California, to the U.S. District Court for the Central District
of California on March 2, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01739-MCS-DTB to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
The Plaintiffs are represented by:
Daniel L. Warshaw, Esq.
PEARSON WARSHAW, LLP
15165 Ventura Boulevard, Suite 400
Sherman Oaks, CA 91403
Phone: (818) 788-8300
Fax: (818) 788-8104
Email: dwarshaw@pwfirm.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street 14th Floor
New York, NY 10004
Phone: (646) 357-1000
Fax: (212) 202-4322
Email: snathan@hausfeld.com
The Defendant is represented by:
Matthew Thomas Billeci, Esq.
John A. Vogt, Esq.
Ryan Douglas Ball, Esq.
JONES DAY
3161 Michelson Drive Suite 800
Irvine, CA 92612-4408
Phone: (949) 851-3939
Fax: (949) 553-7539
Email: mbilleci@jonesday.com
javogt@jonesday.com
rball@jonesday.com
KEENAN AND ASSOCIATES: Hans Suit Removed to C.D. California
-----------------------------------------------------------
The case styled as Andrea Hans, individually and on behalf of all
others similarly situated v. Keenan and Associates, Case No.
24STCV03578 was removed from the Los Angeles Superior Court, to the
U.S. District Court for the Central District of California on March
2, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01737-MCS-DTB to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
The Plaintiffs are represented by:
Tina Wolfson, Esq.
AHDOOT & WOLFSON, PC
2600 W Olive Ave Ste 500
Burbank, CA 91505
Phone: (310) 474-9111
Fax: (310) 474-8585
Email: twolfson@ahdootwolfson.com
The Defendant is represented by:
Matthew Thomas Billeci, Esq.
John A. Vogt, Esq.
Ryan Douglas Ball, Esq.
JONES DAY
3161 Michelson Drive Suite 800
Irvine, CA 92612-4408
Phone: (949) 851-3939
Fax: (949) 553-7539
Email: mbilleci@jonesday.com
javogt@jonesday.com
rball@jonesday.com
KEENAN AND ASSOCIATES: Perez Suit Removed to C.D. California
------------------------------------------------------------
The case styled as Darleen Perez, on behalf of herself and on
behalf of all persons similarly situated v. Keenan and Associates,
Case No. 24STCV04704 was removed from the Los Angeles Superior
Court, to the U.S. District Court for the Central District of
California on March 2, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01738-MCS-DTB to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
The Plaintiffs are represented by:
Stephen R. Basser, Esq.
Samuel M. Ward, Esq.
BARRACK RODOS AND BACINE
One America Plaza
600 West Broadway Suite 900
San Diego, CA 92101
Phone: (619) 230-0800
Fax: (619) 230-1874
Email: sbasser@barrack.com
sward@barrack.coms
The Defendant is represented by:
Matthew Thomas Billeci, Esq.
John A. Vogt, Esq.
Ryan Douglas Ball, Esq.
JONES DAY
3161 Michelson Drive Suite 800
Irvine, CA 92612-4408
Phone: (949) 851-3939
Fax: (949) 553-7539
Email: mbilleci@jonesday.com
javogt@jonesday.com
rball@jonesday.com
KEENAN AND ASSOCIATES: Shahbazian Suit Removed to C.D. California
-----------------------------------------------------------------
The case styled as Arayik Shahbazian, individually, and on behalf
of a class of similarly situated persons v. Keenan and Associates,
Case No. 24STCV03568 was removed from the Los Angeles Superior
Court, State of California, to the U.S. District Court for the
Central District of California on March 3, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01742-FMO-JC to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
The Plaintiffs are represented by:
Sabita J. Soneji, Esq.
TYCKO AND ZAVAREEI LLP
1970 Broadway Suite 1070
Oakland, CA 94612
Phone: (510) 254-6808
Fax: (202) 973-0950
Email: ssoneji@tzlegal.com
The Defendant is represented by:
Matthew Thomas Billeci, Esq.
John A. Vogt, Esq.
Ryan Douglas Ball, Esq.
JONES DAY
3161 Michelson Drive Suite 800
Irvine, CA 92612-4408
Phone: (949) 851-3939
Fax: (949) 553-7539
Email: mbilleci@jonesday.com
javogt@jonesday.com
rball@jonesday.com
KEENAN AND ASSOCIATES: Vanover Suit Removed to C.D. California
--------------------------------------------------------------
The case styled as Jesse Vanover, individually and on behalf of all
others similarly situated v. Keenan and Associates, Case No.
24STCV04052 was removed from the Los Angeles Superior Court, to the
U.S. District Court for the Central District of California on March
2, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01740-MCS-DTB to
the proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Keenan & Associates -- https://www.keenan.com/ -- is a privately
held insurance consulting and brokerage firm that was founded in
1972 by John Keenan.[BN]
The Plaintiffs are represented by:
M. Anderson Berry, Esq.
Brandon Pierce Jack, Esq.
Gregory Haroutunian, Esq.
CLAYEO ARNOLD APLC
6200 Canoga Avenue Suite 735
Woodland Hills, CA 91367
Phone: (747) 777-7748
Fax: (916) 924-1829
Email: aberry@justice4you.com
bjack@justice4you.com
gharoutunian@justice4you.com
The Defendant is represented by:
Matthew Thomas Billeci, Esq.
John A. Vogt, Esq.
Ryan Douglas Ball, Esq.
JONES DAY
3161 Michelson Drive Suite 800
Irvine, CA 92612-4408
Phone: (949) 851-3939
Fax: (949) 553-7539
Email: mbilleci@jonesday.com
javogt@jonesday.com
rball@jonesday.com
KEN PAXTON: Class Cert. Replies in Fund Texas Suit Due March 28
---------------------------------------------------------------
In the class action lawsuit captioned as Fund Texas Choice, et al.,
v. Ken Paxton, et al., Case No. 1:22-cv-00859 (W.D. Tex., Filed
Aug. 23, 2022), the Hon. Judge Robert Pitman entered an order that
the Plaintiffs' replies in support of their amended motion for
class certification shall be due on or before March 28, 2024.
The nature of suit states Constitutionality of State Statutes.[CC]
KENNETH HERMAN: Merrick Bid for Class Certification Tossed
----------------------------------------------------------
In the class action lawsuit captioned as Anthony James Merrick, v.
Kenneth Herman, Case No. 2:23-cv-00403-SPL-MTM (D. Ariz.), the Hon.
Judge Michael Morrissey entered an order denying the Plaintiff's
motion for class certification and denying the appointment of
Counsel and motion for leave to amend and supplement the
complaint.
The Court found, in part, that "Plaintiff's Motion fails because
prisoners do not have a 'freestanding right to a law library or
legal assistance,' " and in any event, "Plaintiff's conclusory
allegations are insufficient to sustain an access-to-courts claim
because Plaintiff has not alleged an actual injury such as an
inability to meet a filing deadline."
The Court stated, "Because Mr. Merrick has not alleged an actual
injury, the Plaintiff has not shown that he is likely to succeed on
the merits of an access-to-court claim or that he faces irreparable
harm, and the Court will deny this Motion."
Additionally, the Plaintiff has already alleged First Amendment and
RLUIPA claims against the Defendant Herman in his official and
individual capacities in Count One.
The Plaintiff Anthony James Merrick, who is currently confined in
the Arizona State Prison Complex-Yuma, filed this pro se civil
rights action pursuant to 42 U.S.C. section 1983 and the Religious
Land Use and Institutionalized Persons Act (RLUIPA).
A copy of the Court's order dated March 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=wWmRx9 at no extra
charge.[CC]
KITON FIFTH AVE: Guagenti Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Kiton Fifth Ave LLC,
et al. The case is styled as Santo Guagenti, and on behalf of all
others similarly situated v. Kiton Fifth Ave LLC, Kiton Building
Corporation, Case No. 1:24-cv-01629 (S.D.N.Y., March 4, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kiton Fifth Ave LLC is a New York Domestic Limited-Liability
Company.[BN]
The Plaintiff is represented by:
Jonathan Ryan Bell, Esq.
BELL LAW GROUP PLLC
116 Jackson Avenue
Syosset, NY 11791
Phone: (516) 280-3008
Fax: (516) 706-4692
Email: jb@belllg.com
LAUNDRESS LLC: Court Narrows Claims in Ostenfeld Suit
-----------------------------------------------------
In the class action lawsuit captioned as LORI OSTENFELD,
individually and on behalf of all others similarly situated, et
al., ASHLEY SITES, as Administrator & Administrator Ad Prosequendum
on behalf of the Estate of Elliana Diem Yibale, et al., v. THE
LAUNDRESS, LLC et al., Case No. 1:22-cv-10667-JMF (S.D.N.Y.), the
Hon. Judge Jesse Furman entered an order:
-- Denying the Defendant's motion to strike the class
allegations,
and
-- Granting in part and denying in part motions to dismiss the
Class
Complaint and the Sites Complaint.
More specifically, all claims survive other than the following:
the Class Plaintiffs' unjust enrichment claim, Murphy's claim for
breach of an implied warranty, the Class Plaintiffs' claims based
on the Defendant's representations that its products were
"allergen-free" and "biodegradable," the Sites Plaintiffs' product
liability claim for failure to warn, and the Sites Plaintiffs' VCPA
claim based on concealment.
In 2022, The Laundress, LLC, a manufacturer and distributor of
luxury cleaning and laundry products, recalled approximately eight
million units of its products, citing potential contamination with
harmful bacteria.
The Defendant marketed and labeled its products as "non-toxic,"
claiming, for example, that its products provide an alternative to
"toxic dry cleaning chemicals."
On Nov.17, 2022, the Defendant posted on its social media pages and
other "promotions channel" a safety notice, which informed
consumers that it had "identified the potential presence of
elevated levels of bacteria" in some of its products and directed
them "to immediately stop using all The Laundress products."
On Dec. 1, 2022, the Defendant went one step further and recalled
approximately eight million units of its products, noting that they
might be contaminated by three kinds of bacteria harmful to human
health: Burkholderia cepacia complex, Klebsiella aerogenes, and
various species of Pseudomonas.
Laundress manufactures, distributes, markets, and sells luxury
cleaning and laundry products, with an emphasis on "natural,
non-toxic, eco-friendly, and green cleaning products that do not
contain, or contain minimal, chemicals and allergens."
A copy of the Court's opinion and order dated March 5, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=JesyBO
at no extra charge.[CC]
LOANDEPOT INC: Fails to Secure Personal Info, Soto Claims
---------------------------------------------------------
BENJAMIN SOTO, CIMARRON BUSER, and JOHN SEDLACEK, individually, and
on behalf of all others similarly situated, Plaintiffs v.
LOANDEPOT, INC., Defendant, Case No. 8:24-cv-00433-CJC-KES (C.D.
Cal., March 1, 2024) is a class action against the Defendant for
negligence, negligence per se, breach of fiduciary duty, breach of
confidences, breach of an implied contract, unjust enrichment, and
declaratory judgment, seeking actual and putative damages, with
attorneys’ fees, costs, and expenses, and appropriate injunctive
and declaratory relief.
This complaint concerns a targeted ransomware attack and data
breach on LDI's network that resulted in unauthorized access to the
highly sensitive data of roughly 16.6 million individuals.
According to the complaint, the harm resulting from a breach of
private data manifests in a number of ways, including identity
theft and financial fraud. The exposure of a person's personal
identifiable information through a data breach ensures that such
person will be at a substantially increased and certainly impending
risk of identity theft crimes compared to the rest of the
population, potentially for the rest of their lives. The Defendant
breached its duty to protect the sensitive PII entrusted to it,
failed to abide by its own Privacy Policy, and failed to provide
sufficiently prompt notice after learning of the data breach, says
the suit.
loanDepot, Inc. is a provider of mortgages and lending services
with its headquarters in Irvine, California.[BN]
The Plaintiffs are represented by:
Eric Lechtzin, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
E-mail: elechtzin@edelson-law.com
LOCALIZE CITY INC: Sale Files TCPA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Localize City, Inc.
The case is styled as Kenneth Sale, individually and on behalf of
all others similarly situated v. Localize City, Inc., Case No.
1:24-cv-01663 (S.D.N.Y., March 5, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
LocalizeOS is a real estate operating system that enables agents to
connect, track, and co-manage all of their leads in one place.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 705
Miami, FL 33132
Phone: (305) 479-2299
Email: ashamis@shamisgentile.com
MEDICAL MANAGEMENT: Moreno-Decerra Sues Over Exposure of PHI & PII
------------------------------------------------------------------
Brenda Moreno-Decerra, individually and on behalf of all others
similarly situated v. Medical Management Resource Group, L.L.C.
d/b/a American Vision Partners, Case No. 2:24-cv-00465-SMM (D.
Ariz., March 5, 2024), is brought due to the exposure of personally
identifying information ("PII") or protected health information
("PHI") to unauthorized persons--and especially hackers with
nefarious intentions--which resulted in harm to the affected
individuals, including, but not limited to, the invasion of their
private health matters.
As a healthcare business associate, MMRG knowingly obtains,
collects, and stores patient PII and PHI. In turn, Defendant has a
duty to secure, maintain, protect, and safeguard the PII and PHI
that it collects and stores against unauthorized access and
disclosure through reasonable and adequate data security measures.
Despite MMRG's duty to safeguard patients' PII and PHI, Plaintiff's
and other patients' PII and/or PHI was accessed and exfiltrated by
a threat actor during a data breach of Defendant's computer network
which MMRG detected on or about November 23, 2023 (the "Data
Breach"). Based on the public statements of MMRG to date, a wide
variety of patient PII and PHI was implicated in the Data Breach,
including, but not limited to: patient names, contact information,
dates of birth, medical information (including services received,
clinical records, and medications), Social Security Numbers, and
insurance information.
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect patient PII and/or PHI. Defendant
disregarded the rights of Plaintiff and Class Members by, inter
alia, intentionally, willfully, recklessly, or negligently failing
to take adequate and reasonable measures to ensure its data systems
were protected against unauthorized intrusions; failing to disclose
that it did not have adequately robust computer systems and
security practices to safeguard patient PII and/or PHI; failing to
take standard and reasonably available steps to prevent the Data
Breach; and failing to monitor and timely detect the Data Breach.
As a result of Defendant's failure to implement and follow basic
data security procedures, Plaintiff's and Class Members' PII and
PHI is now in the hands of cybercriminals who wish to use it for
nefarious purposes, says the complaint.
The Plaintiff received a notification from Defendant indicating
that her PII and/or PHI in MMRG's possession had been compromised
in the Data Breach.
MMRG is a healthcare business that provides its partner
ophthalmology practices with management systems, infrastructure,
and technology.[BN]
The Plaintiff is represented by:
Clifford P. Bendau, II, Esq.
Christopher J. Bendau, Esq.
BENDAU & BENDAU PLLC
P.O. Box 97066
Phoenix, AZ 85060
Phone: (480) 382-5176
Fax: (480) 304-3805
Email: cliffordbendau@bendaulaw.com
chris@bendaulaw.com
- and -
Gary F. Lynch, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: gary@lcllp.com
MEDICAL MANAGEMENT: Peterson Files Suit in D. Arizona
-----------------------------------------------------
A class action lawsuit has been filed against Medical Management
Resource Group LLC. The case is styled as Charles Peterson,
individually and on behalf of all similarly situated persons v.
Medical Management Resource Group LLC, Case No. 2:24-cv-00442-JFM
(S.D.N.Y., March 1, 2024).
The nature of suit is stated as Other Personal Injury.
Medical Resources Group, LLC -- https://www.mrgllc.net/ -- provides
medical billing and collections services and solutions to the
healthcare industry.[BN]
The Plaintiff is represented by:
Colleen M. Auer, Esq.
Elaine Ryan, Esq.
AUER RYAN PLLC
20987 N John Wayne Pkwy., Ste. B104-374
Maricopa, AZ 85139
Phone: (520) 705-7332
Fax: (602) 560-0256
Email: cauer@auer-ryan.com
eryan@auer-ryan.com
- and -
Francesca K Burnett, Esq.
Jean Sutton Martin, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP - TAMPA, FL
201 N Franklin St., 7th Fl.
Tampa, FL 33602
Phone: (813) 559-4908
Fax: (813) 222-4795
Email: jeanmartin@forthepeople.com
MERRILL GARDENS: Chavoya Suit Removed to E.D. California
--------------------------------------------------------
The case captioned as Jacob Chavoya, individually, and on behalf of
all others similarly situated v. MERRILL GARDENS L.L.C. DBA
TRUEWOOD BY MERRILL, a Washington limited liability company; and
DOES 1 through 10, inclusive, Case No. 24CECG00383 was removed from
the Superior Court of the State of California for the County of
Fresno, to the U.S. District Court for the Eastern District of
California on March 4, 2024, and assigned Case No. 1:24-at-00180.
The Plaintiff's Complaint asserts the following nine causes of
action: Failure to Pay Minimum and Straight Time Wages; Failure to
Pay Overtime Wages; Failure to Provide Meal Periods; Failure to
Authorize and Permit Rest Periods; Failure to Timely Pay Final
Wages at Termination; Failure to Provide Accurate Itemized Wage
Statements; Failure to Indemnify Employees for Expenditures;
Failure to Produce Requested Employment Records; and Unfair
Business Practices.[BN]
The Defendants are represented by:
Diane Marie O'Malley, Esq.
Kathleen B. Roney, Esq.
HANSON BRIDGETT LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
Phone: (415) 777-3200
Facsimile: (415) 541-9366
Email: domalley@hansonbridgett.com
kroney@hansonbridgett.com
MILLIMAN INC: Handorf Files Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Milliman, Inc. The
case is styled as Lawrence Handorf, BOAGF Holdco LP, on behalf of
themselves and all others similarly situated v. Milliman, Inc.,
Case No. 1:24-mc-00094 (S.D.N.Y., Feb. 29, 2024).
The nature of suit is as Other Non-Personal Injury/Property Damage
Tort.
Milliman -- https://www.milliman.com/ -- formerly Milliman &
Robertson, is an international actuarial and consulting firm based
in Seattle, Washington.[BN]
The Plaintiffs are represented by:
Ryan Christopher Kirkpatrick, Esq.
SUSMAN GODFREY LLP (NYC)
1301 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (212) 336-8330
Fax: (212) 336-8340
Email: rkirkpatrick@susmangodfrey.com
MILLIMAN INC: Joint Status Report Deadline Extended in Healy Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as JAMES HEALY, on behalf of
himself and all others similarly situated, v. MILLIMAN, INC., d/b/a
INTELLISCRIPT, Case No. 2:20-cv-01473-JCC (W.D. Wash.), the Hon.
Judge John Coughenour entered an order extending the deadline to
submit a joint status report containing a revised case management
schedule pending a ruling on the Plaintiff's anticipated motion for
reconsideration and clarification of the Court's Order dated
February 22, 2024.
1. Plaintiff filed this class action lawsuit on October 5,
2020.
2. On April 29, 2022, the Court granted in part and denied in
part
the Plaintiff's motion for class certification, certifying
two
classes.
3. After the classes were certified but before notice was sent,
The Plaintiff conducted additional discovery regarding
whether
class members had suffered an injury for purposes of Article
III
standing.
4. On Sept. 8, 2023, the Plaintiff moved to modify the class
definitions based on the evidence he had developed.
5. On Sept. 21, 2023, Milliman filed a Motion for partial
summary
judgment/motion to Decertify Inaccuracy Class.
6. On Feb. 22, 2024, the Court entered an Order granting in
part
and denying in part Defendant's motion for summary judgment
and/or to decertify the inaccuracy class, dismissing the
class
for lack of class-wide standing.
Milliman is an international actuarial and consulting firm.
A copy of the Court's order dated March 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=6qu0Go at no extra
charge.[CC]
The Plaintiff is represented by:
Beth E. Terrell, Esq.
Jennifer Rust Murray, Esq.
Adrienne D. McEntee, Esq.
Blythe H. Chandler, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
E-mail: bterrell@terrellmarshall.com
jmurray@terrellmarshall.com
amcentee@terrellmarshall.com
bchandler@terrellmarshall.com
- and -
James A. Francis, Esq.
John Soumilas, Esq.
Lauren KW Brennan, Esq.
Travis Martindale-Jarvis, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
Email: jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
lbrennan@consumerlawfirm.com
tmartindale@consumerlawfirm.com
The Defendant is represented by:
Jeffery M. Wells, Esq.
Daniel Brown, Esq.
Rodney L. Umberger, Esq.
WILLIAMS, KASTNER & GIBBS PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Telephone: (206) 628-6600
Facsimile: (206) 628-6611
E-mail: jwells@williamskastner.com
dbrown@williamskastner.com
rumberger@williamskastner.com
MOF GROUP: Directed to Supplement Responses
-------------------------------------------
In the class action lawsuit captioned as CIERRA ROUSSEAU-DOBARD, ET
AL., V. MOF-PRESERVATION OF AFFORDABILITY CORP., ET AL., Case No.
2:23-cv-01433-BWA-DPC (E.D. La.), the Hon. Judge Donna Phillips
Currault entered an order granting in part and denying in part the
Plaintiff's motion to compel.
The Defendants must supplement their responses within 21 days.
The Plaintiffs' request for information specific to the attempted
sale, however, is denied.
In their Reply Memorandum, the Plaintiffs argue the relevance of
real estate property disclosures, inspections, and appraisals
performed in connection with the attempted sale and seek to compel
production of same in response to Request No. 10. While such
"documents and information" regarding the December 2023 attempted
sale of The Willows may be relevant, the Plaintiffs have not
requested that documentation in Request No. 10.
Further, to the extent the Plaintiffs seek draft copies of acts of
sale or other purchase agreements for a sale that never came to
fruition, such documents are irrelevant to this case and will not
be compelled.
The parties filed Opposition and Reply Memoranda. No party
requested oral argument, and the court agrees that oral argument is
unnecessary.
The Plaintiffs Cierra and Michael Dobard and other named plaintiffs
filed this class action in state court against MOF Group.
The Plaintiffs seek to certify the following class:
"All domiciliary tenants and occupants who provided rent, with
or
without government assistance, from 2014 through date of
certification, who were subject to the conditions and who are
currently domiciled in and are citizens of the State of
Louisiana."
A copy of the Court's order dated March 6, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=S38pqY at no extra
charge.[CC]
NATIONWIDE RETIREMENT: Class Settlement in Jackson Gets Final Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as Sheryl Jackson, on behalf
of herself and all others similarly situated, V. Nationwide
Retirement Solutions, Inc., Case No. 2:22-cv-03499-MHW-KAJ (S.D.
Ohio), the Hon. Judge Michael Watson entered an order granting
final approval of class settlement as follows:
-- The Court hereby finally approves the Settlement Agreement and
the Settlement contemplated, and finds that the terms
constitute,
in all respects, a fair, reasonable, and adequate settlement
as
to all Class Members in accordance with Rule 23 of the Federal
Rules of Civil Procedure and directs its consummation pursuant
to
its terms and conditions. Each Class Member who has not
submitted
a valid request to opt out of the Settlement is hereby bound
by
the Settlement Agreement.
-- The Court hereby finds that the Class Representatives and
Class
Counsel have adequately represented the Class Members.
-- The Court finds that Class Representatives Sheryl Jackson and
Joy
Dryer have served as adequate representatives of the Class and
hereby approves Class Representative Service Awards in the
amount
of $5,000.00 each.
-- The Court finds that Class Counsel, Terence R. Coates and
Justin
C. Walker of Markovits, Stock & DeMarco, LLC, and J. Gerard
Stranch, IV of Stranch, Jennings & Garvey, PLLC, have
adequately
represented the Class and therefore approves an award of $120,
000. 00 for attorney's fees inclusive of any litigation
expenses.
The Plaintiffs filed a Class Action Complaint against Defendant in
Sept. 2022, following a data breach incident, alleging that
Defendant failed toadequately safeguard Plaintiffs' personal
identifiable information ("PlI").
The Settlement Class is defined as follows:
"All individuals whose PII was compromised in the September
2022
data breach announced by Nationwide Retirement Solutions, Inc.
The
Parties represent the Class consists of 2, 189 members."
Nationwide provides pension and retirement plans.
A copy of the Court's opinion and order dated March 5, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=uVU9zD
at no extra charge.[CC]
NORTHWEST FEDERAL: Rader Appeals EFTA Suit Dismissal to 4th Cir.
----------------------------------------------------------------
MELISSA RADER is taking an appeal from a court order dismissing her
lawsuit entitled Melissa Rader, individually and on behalf of all
others similarly situated, Plaintiff, v. Northwest Federal Credit
Union, Defendant, Case No. 1:23-cv-00160-RDA-JFA, in the U.S.
District Court for the Eastern District of Virginia.
The Plaintiff brings this complaint against the Defendant for
violation of the Electronic Fund Transfer Act, breaches of duty of
good faith and fair dealing, and unjust enrichment.
On April 17, 2023, the Defendant filed a motion to dismiss for lack
of jurisdiction and compel arbitration, which the Court granted in
part and denied in part through an Order entered by Judge Rossie D.
Alston, Jr. on Feb. 1, 2024. It is granted insofar as it seeks
dismissal based on the arbitration clauses contained in the 2018
and 2020 Membership Agreements. It is further ordered that the
complaint is dismissed without prejudice.
The appellate case is captioned Melissa Rader v. Northwest Federal
Credit Union, Case No. 24-1185, in the United States Court of
Appeals for the Fourth Circuit, filed on February 29, 2024. [BN]
Plaintiff-Appellant MELISSA RADER, individually and on behalf of
all others similarly situated, is represented by:
Tyler B. Ewigleben, Esq.
Christopher D. Jennings, Esq.
JOHNSON FIRM
610 President Clinton Avenue
Little Rock, AR 72201
Telephone: (501) 372-1300
(501) 218-6064
- and -
Sophia Goren Gold, Esq.
KALIEL GOLD PLLC
950 Gilman Avenue
Berkeley, CA 94710
Telephone: (202) 350-4783
- and -
Jeffrey D. Kaliel, Esq.
KALIEL GOLD PLLC
1100 15th Street, NW
Washington, DC 20005
Telephone: (202) 615-3948
- and -
Devon J. Munro, Esq.
MUNRO BYRD P.C.
120 Day Avenue SW
Roanoke, VA 24016
Telephone: (540) 283-9343
Defendant-Appellee NORTHWEST FEDERAL CREDIT UNION is represented
by:
Bryan James Healy, Esq.
GORDON & REES, LLP
277 South Washington Street
Alexandria, VA 22314
Telephone: (202) 399-1009
OHIO NATIONAL: Court OK's Veritas Bid to Seal Docs
--------------------------------------------------
In the class action lawsuit captioned as VERITAS INDEPENDENT
PARTNERS, LLC, et al., v. THE OHIO NATIONAL LIFE INSURANCE COMPANY,
et al., Case No. 1:18-cv-00769-JPH (S.D. Ohio), the Hon. Judge
Jeffery Hopkins entered an order:
-- Granting the Plaintiffs' opposition motion, the Plaintiffs'
seal
motion, the Plaintiffs' supplemental motion, and the
Defendants'
abeyance motion, and
-- Denying as moot the Plaintiffs' rule 56(d) motion.
The Plaintiffs shall file their unredacted response to the
Defendants' motion for summary judgment, supplemental memorandum,
and accompanying exhibits under seal within 21 days after entry of
this Order.
At that time, the Plaintiffs are ordered to file a redacted
response, supplemental memorandum, and accompanying exhibits such
that the public can view the non-confidential portions in their
entirety. The Defendants may file a reply within fourteen days
after the date of service of the Plaintiffs' response and
supplemental memorandum.
The Plaintiffs are independent broker dealers that provide
financial services and products to individual retail customers.
Ohio National offers individual and group life insurance products
and retirement planning solutions.
A copy of the Court's order dated March 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=5uGCJu at no extra
charge.[CC]
OLLIE'S BARGAIN: Must File Class Cert Response in Pauli by April 10
-------------------------------------------------------------------
In the class action lawsuit captioned as Pauli v. Ollie's Bargain
Outlet, Inc., Case No. 5:22-cv-00279 (N.D.N.Y., Filed March 22,
2022), the Hon. Judge Mae A. D'Agostino entered an order granting
motion for extension of time to file Response / Reply motion to
certify class filed by James Pauli.
-- The joint request for an extension of the Class Certification
motion response and reply deadlines is granted.
-- The Defendants Response to Motion due by April 10, 2024.
-- The Plaintiffs Reply to Response to Motion due by May 1, 2024.
The suit alleges violation of the Fair Labor Standards Act
Ollie's is an American chain of discount closeout retailers.[CC]
OLLIE'S BARGAIN: Parties Seek More Time to File Class Cert. Bids
----------------------------------------------------------------
In the class action lawsuit captioned as Pauli v. Ollie's Bargain
Outlet, Inc., Case No. 5:22-cv-00279-MAD-ML (N.D.N.Y.), the Parties
request the Court for an extension of the remaining Class
Certification Motion deadlines set forth on Dec. 4, 2023, Text
Order.
The Plaintiffs filed their motion for class certification on Feb.
29, 2024. The parties are writing to request an extension of time
for the Defendant's Opposition to the Plaintiffs' motion for class
certification and Plaintiffs' reply thereto.
Specifically, the parties request that the deadline for the
Defendant's Opposition to the Plaintiffs' motion for class
certification be extended to April 10, 2024, and that deadline for
the Plaintiffs' Reply to the Defendant's Opposition be extended to
May 1, 2024.
This extension request, relating to the remaining Class
Certification Motion deadlines, will not impact other deadlines
scheduled by the Court. The parties thank the Court for its
attention to this matter.
Ollie's is an American chain of discount closeout retailers.
A copy of the Parties' motion dated March 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=TlSksW at no extra
charge.[CC]
The Defendant is represented by:
Heather Z. Steele, Esq.
FISHER & PHILLIPS
Two Logan Square, 12th Floor
100 N. 18th Street
Philadelphia, PA 19103
Telephone: (610) 230-2150
Facsimile: (610) 230-2151
E-mail: hsteele@fisherphillips.com
OREGON: Macias Files Suit in D. Oregon
--------------------------------------
A class action lawsuit has been filed against State of Oregon, et
al. The case is styled as Francisco Macias, Menphrey McGhee, John
Benge, all others similarly situated v. State of Oregon; Tina
Kotek, Governor for the state of Oregon; Oregon Dept. of
Corrections; Michael Reese, Director of O.D.O.C.; David Pedro,
Superintendent of EOCI; EOCI; EOCI Medical; Warren Roberts; Sandy
Whitbread; Case No. 2:24-cv-00393-IM (D. Ore., March 4, 2024).
The nature of suit is stated as Prisoner Civil Rights.
Oregon -- https://www.oregon.gov/ -- is a state in the Pacific
Northwest region of the United States.[BN]
The Plaintiff appears pro se.
OREGON: Rust Appeals Court Orders in Civil Rights Suit to 9th Cir.
------------------------------------------------------------------
CLARK RUST is taking an appeal from court orders in the lawsuit
entitled Clark Rust, individually and on behalf of all others
similarly situated, Plaintiff, v. Sgt. Antonio Fernandez, et al.,
Defendants, Case No. 1:23-cv-00147-YY, in the U.S. District Court
for the District of Oregon.
The Plaintiff, an adult in custody at the Deer Ridge Correctional
Institution (DRCI), brings this 42 U.S.C. Sec. 1983 civil rights
action as a self-represented litigant.
On July 10, 2023, the Plaintiff filed a motion for preliminary
injunction to prohibit the Defendants from enforcing a June 2023
notice regarding the Oregon Department of Corrections (ODOC) policy
change related to the replacement of USB drives containing inmate
legal materials and a now retracted June 2023 ODOC all-institution
memorandum pertaining to the storage of excess legal property.
On July 28, 2023, the Plaintiff filed a motion to compel
discovery.
On Sept. 25, 2023, the Plaintiff filed a motion for imposition of
sanctions, motion to amend/correct, and motion for temporary
restraining order.
On Dec. 4, 2023, the Plaintiff filed a second motion to compel
discovery.
On Feb. 7, 2024, the Court denied the Plaintiff's motion for
preliminary injunction, motions to compel discovery, and motion for
imposition of sanctions, motion to amend/correct, and motion for
temporary restraining order through an Order entered by Magistrate
Judge Youlee Yim You.
The Court finds that the Plaintiff has sought to comply with the
rules of this court and for conducting discovery. However, the
progress of this case has been impeded by the Plaintiff's frequent
and voluminous filings. Accordingly, if the Plaintiff does not
exercise appropriate restraint in the future, the Court will
consider whether to restrict his access to the court for the
remainder of this litigation.
The appellate case is captioned Rust v. Fernandez, et al., Case No.
24-1098, in the United States Court of Appeals for the Ninth
Circuit, filed on February 29, 2024. [BN]
Plaintiff-Appellant CLARK RUST, individually and on behalf of all
others similarly situated, appears pro se.
Defendants-Appellees SGT. ANTONIO FERNANDEZ, et al. are represented
by:
Shannon M. Vincent, Esq.
Oregon Department of Justice Trial Division
CLS 1162 Court Street, NE
Salem, OR
PAPA INC: Class Cert. Bid Filing in Pardo Extended to August 19
---------------------------------------------------------------
In the class action lawsuit captioned as Jennifer Pardo and
Evangeline Matthews, individually and on behalf of all others
similarly situated, v. Papa, Inc. Case No. 3:21-cv-06326-RS (N.D.
Cal.), the Parties ask the Court to enter an order extending
hearing date for motion for class certification as follows:
Event Current Proposed
Deadline Deadline
Plaintiffs' Motion for Class Mar. 18, 2024 Aug. 19, 2024
Certification
Defendant's Opposition Brief Apr. 29, 2024 Sept. 30, 2024
Plaintiffs' Reply Brief May 20, 2024 Oct. 21, 2024
Hearing on Class Certification June 3, 2024 Nov. 4, 2024
On Aug. 17, 2021, the initial class action complaint in this matter
was filed, alleging that the Defendant violated the Fair Labor
Standards Act ("FLSA") and several provisions of the California
Labor Code.
On Oct. 18, 2021, the initial complaint was amended for the first
time to add an eleventh cause of action for enforcement of the
Private Attorneys General Act of 2004 ("PAGA").
On Mar. 4, 2022, a second amended complaint was filed substituting
the
Plaintiff Jennifer Pardo as the named plaintiff in this matter.
The Parties agreed to an additional plaintiff and proposed class
representative, Evangeline Matthews, to be added to the pending
action, and therefore on December 14, 2022, the operative Third
Amended Complaint in this matter was filed.
The parties agree that extending the class certification deadline
would enable the parties to focus their resources on informal
resolution, benefit the parties, and the Court by potentially
avoiding further litigation and conserve judicial resources.
Papa is a platform that connects college students to senior
citizens for companionship and assistance.
A copy of the Parties' motion dated March 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=oizZkg at no extra
charge.[CC]
The Defendant is represented by:
Jonathan M. Lebe, Esq.
Zachary T. Gershman, Esq.
Ryan C. Ely, Esq.
LEBE LAW, APLC
777 S. Alameda Street, Second Floor
Los Angeles, CA 90021
Telephone: (213) 444-1973
E-mail: Jon@lebelaw.com
Zachary@lebelaw.com
Ryan@lebelaw.com
- and -
Shannon B. Nakabayashi, Esq.
Benjamin J. Schnayerson, Esq.
Benjamin R. Eversole, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Telephone: (415) 394-9400
Facsimile: (415) 394-9401
E-mail: Shannon.nakabayashi@jacksonlewis.com
Ben.schnayerson@jacksonlewis.com
Benjamin.Eversole@jacksonlewis.com
PRECISION DRILLING: Writ of Certiorari Filed in Tyger FLSA Suit
---------------------------------------------------------------
PRECISION DRILLING CORP., et al. filed on February 28, 2024, a
petition for a writ of certiorari with the U.S. Supreme Court,
under Case No. 23-954, seeking a review of the ruling of the United
States Court of Appeals for the Third Circuit in the case captioned
Rodney Tyger, individually and on behalf of all others similarly
situated, et al. vs. Precision Drilling Corp., et al., Case No.
22-1613.
As previously reported in the Class Action Reporter, the lawsuit is
brought over alleged violations of the Fair Labor Standards Act.
[BN]
Defendants-Petitioners Precision Drilling Corp., et al. are
represented by:
Jonathan Saul Franklin, Esq.
NORTON ROSE FULBRIGHT US, LLP
799 9th Street NW, Suite 1000
Washington, DC 20001
E-mail: jonathan.franklin@nortonrosefulbright.com
ROBINHOOD: Plaintiff Seeks to File Class Cert Bid Under Seal
-------------------------------------------------------------
In the class action lawsuit re Robinhood Order Flow Litigation,
Master File No. 4:20-cv-09328-YGR, Case No. 4:20-cv-09328-YGR (N.D.
Cal.), pursuant to Civil Local Rules 7-11 and 79-f(f), the
Plaintiff's submit the administrative motion to file under seal the
unredacted version of the Plaintiff's motion for class
certification, certain Exhibits to the declaration of Nicholas A.
Coulson in support of the Plaintiff's motion for class
certification, and the expert report of Michael A. Goldstein, PhD:
Document Portions Filed
Provisionally
Under Seal
Plaintiff's Motion for Class Portions referring to
Certification (unredacted) information Defendants
designated Confidential
or
Highly Confidential
Exhibit A to the Declaration of Document designated by
Nicholas A. Coulson in Support of Defendants as
Confidential
Plaintiff's Motion for Class
Certification - Exhibit 25 to the
Deposition Transcript of James
Swartwout
Exhibit B to the Declaration of Document designated by
Nicholas A. Coulson in Support of Defendants as
Confidential
Plaintiff's Motion for Class
Certification -RH_BXCA-00135728
Exhibit C to the Declaration of Document designated by
Nicholas A. Coulson in Support of Defendants as
Confidential
Plaintiff's Motion for Class
Certification -excerpts of Condensed
Deposition Transcript of James
Swartwout
Exhibit D to the Declaration of Document designated by
Nicholas A. Coulson in Support of Defendants as
Confidential
Plaintiff's Motion for Class
Certification -Exhibit 4 to the
Deposition Transcript of James
Swartwout
A copy of the Plaintiff's motion dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=FdcajS at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Coulson, Esq.
Matthew Z. Robb, Esq.
LIDDLE SHEETS COULSON P.C.
975 E. Jefferson Ave.
Detroit, MI 48207
Telephone: (313) 392-0015
Facsimile: (313) 392-0025
E-mail: ncoulson@ldclassaction.com
mrobb@ldclassaction.com
- and -
Tina Wolfson, Esq.
Robert Ahdoot, Esq.
Bradley King, Esq.
AHDOOT & WOLFSON, PC
2600 West Olive Avenue, Suite 500
Burbank, CA 91505
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: twolfson@ahdootwolfson.com
rahdoot@ahdootwolfson.com
bking@ahdootwolfson.com
- and -
Scott A. Bursor, Esq.
Sarah N. Westcot, Esq.
Stephen A. Beck, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave, Suite 1420
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 679-9006
E-mail: scott@bursor.com
swestcot@bursor.com
sbeck@bursor.com
ROBINHOOD: Suit Seeks to Certify Class of Customers
---------------------------------------------------
In the class action lawsuit re Robinhood Order Flow Litigation,
Case No. 4:20-cv-09328-YGR, Case No. 4:20-cv-09328-YGR (N.D. Cal.),
the Plaintiff asks the Court to enter an order certifying the
following class, pursuant to Rule 23 of the Federal Rules of Civil
Procedure and the Private Securities Litigation Reform Act of
1995:
"All United States customers of Robinhood Financial LLC,
Robinhood Securities, LLC, and/or Robinhood Markets, Inc.
who, between Sept.1, 2016, and Sept. 1, 2018, executed one
or
more equity trades in which they received price improvement
that is inferior, at a statistically significant level, to
the
average price improvement provided by the market or market
maker to whom Robinhood routed their order during the same
period, after accounting for the lack of an industry
standard
commission of $5.00."
According to the Plaintiff, Robinhood received backdoor
commission-fees at the expense of unknowing and trusting customers,
who traded at inferior prices compared to what they could and would
have received from Robinhood's competitors.
The Plaintiff and the Class suffered economic damages because of
Robinhood's unfair, unlawful, deceptive, and misleading material
omissions and misrepresentations, and Robinhood's scheme to charge
backdoor commission fees without disclosing the impact of those
fees on Plaintiff and the Class, the suit asserts.
Robinhood is a trading platform.
A copy of the Plaintiff's motion dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=9lS8wF at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Coulson, Esq.
Matthew Z. Robb, Esq.
LIDDLE SHEETS COULSON P.C.
975 E. Jefferson Ave.
Detroit, MI 48207
Telephone: (313) 392-0015
Facsimile: (313) 392-0025
E-mail: ncoulson@ldclassaction.com
mrobb@ldclassaction.com
- and -
Tina Wolfson, Esq.
Robert Ahdoot, Esq.
Bradley King, Esq.
AHDOOT & WOLFSON, PC
2600 West Olive Avenue, Suite 500
Burbank, CA 91505
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: twolfson@ahdootwolfson.com
rahdoot@ahdootwolfson.com
bking@ahdootwolfson.com
- and -
Scott A. Bursor, Esq.
Sarah N. Westcot, Esq.
Stephen A. Beck, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave, Suite 1420
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 679-9006
E-mail: scott@bursor.com
swestcot@bursor.com
sbeck@bursor.com
ROCKET CO: Plaintiffs Seek to File Class Cert Docs Under Seal
-------------------------------------------------------------
In the class action lawsuit captioned as CARL SHUPE and
CONSTRUCTION LABORERS PENSION TRUST FOR SOUTHERN CALIFORNIA,
Individually and on Behalf of All Others Similarly Situated, v.
ROCKET COMPANIES, INC., JAY D. FARNER, DANIEL GILBERT, and ROCK
HOLDINGS INC., Case No. 1:21-cv-11528-TLL-APP (E.D. Mich.), the
Plaintiffs request that the Court allow the Plaintiffs to file
under seal the following documents:
(i) Plaintiffs' Reply in Support of Plaintiffs' Renewed Motion
for
Class Certification, and
(ii) Exhibits G and I to the Reply, which consist of a
confidential
document produced in discovery and a Defendant's verified
responses and objections to the Plaintiffs' interrogatories,
respectively.
As to Exhibit I, the Defendant's verified responses and objections
were answered to pursuant to the Plaintiff's interrogatories and
discovery requests in litigation in which the parties believed the
provisions of the Protective Order governed.
Rocket is a Detroit-based fintech company consisting of mortgage,
real estate and financial service businesses.
A copy of the Plaintiffs' motion dated Mar. 8, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=uHjrBC at no extra
charge.[CC]
The Plaintiffs are represented by:
Carol C. Villegas, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: cvillegas@labaton.com
RUGSUSA LLC: Class Settlement in Wiley Lawsuit Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTINA WILEY,
ALEXANDRIA LEE, TAWNEY BRIGGS, and CHRISTOPHER KORDA, each
individually and on behalf of all others similarly situated, v.
RUGSUSA, LLC, Case No. 6:23-cv-03250-SRB (W.D. Mo.), the Hon. Judge
Stephen Bough entered an order granting the Plaintiffs' unopposed
motion for preliminary approval of class action settlement and
conditional class
Certification.
The Settlement Agreement, including its exhibits showing the notice
and claim forms needed to effectuate notice, is preliminarily
approved as fair, reasonable, and adequate and within the range of
reasonableness for preliminary settlement approval.
The Settlement creates a non-reversionary common fund of
$14,268,403 to benefit Class Members. All Class Members will
receive direct relief, with an average payment of approximately
$34. Plus, Class Members will receive store credit relief
automatically—meaning that consumers do not have to fill out a
claim form to benefit from the Settlement.
The Class consists of:
All persons who, while in the State of California, purchased
one
or more products advertised as being subject to a purported
discount on the Defendant's website RugsUSA.com from May 17,
2020, to Oct. 12, 2023 ("California Subclass"); and
All persons who, while in the State of Washington, purchased
one
or more products advertised as being subject to a purported
discount on the Defendant's website RugsUSA.com from June 30,
2019, to Oct. 12, 2023 ("Washington Subclass"); and
All persons who, while in the State of Oregon, purchased one
or
more products advertised as being subject to a purported
discount
on the Defendant's website RugsUSA.com from July 13, 2022, to
Oct. 12, 2023 ("Oregon Subclass"); and
All persons who, while in the State of Missouri, purchased one
or
more products advertised as being subject to a purported
discount
on the Defendant's website RugsUSA.com from Aug. 11, 2018, to
Oct. 12, 2023 ("Missouri Subclass").
The Court finds it likely that the requirements of Federal Rules
of Civil Procedure 23(a) and 23(b)(3) are satisfied.
Angeion Group is hereby appointed as the Settlement Administrator
to implement the terms of the Settlement Agreement.
The Court sets a final approval hearing on: June 26, 2024, at 11:30
A.M. in Courtroom 7B.
RugsUSA offers wide range of rugs, carpets, and other related
products.
A copy of the Court's order dated March 7, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=zdSpwk at no extra
charge.[CC]
SIMM ASSOCIATES: Simpson Files FDCPA Suit in D. Delaware
--------------------------------------------------------
A class action lawsuit has been filed against Simm Associates, Inc.
The case is styled as Patricia Simpson, on behalf of herself and
all others similarly situated v. Simm Associates, Inc. also known
as: Simm Associates of Delaware, John Does 1-25, Case No.
1:24-cv-00273-UNA (D. Del., March 4, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
SIMM Associates -- https://www.simmassociates.com/ -- is a family
owned and operated financial services business assisting clients as
accounts receivable management specialists.[BN]
The Plaintiff is represented by:
Joseph Andrews, Esq.
THE LAW OFFICE OF JOSEPH ANDREWS
737 S Queen St., Suite 3
Dover, DE 19904
Phone: (302) 724-7176
Email: jandrews@firststatelaw.com
SOOJIMUS LLC: Johnson Files Suit in D. South Carolina
-----------------------------------------------------
A class action lawsuit has been filed against Soojimus, LLC. The
case is styled as Joesette Johnson, individually and on behalf of
all others similarly situated v. Soojimus, LLC, Case No.
1:24-cv-01144-SAL (N.D. Ohio, March 6, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Soojimus, LLC doing business as CUPKIN -- https://www.cupkin.com/
-- is a CPSC-compliant kids brand focused on making modern products
for the everyday parent.[BN]
The Plaintiff is represented by:
Blake Garrett Abbott, Esq.
Paul J. Doolittle, Esq.
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Phone: (843) 834-4712
Email: blake@akimlawfirm.com
pauld@akimlawfirm.com
SUSAN MUELLER: "Allen" Protective Order Applicable in Rosado Case
-----------------------------------------------------------------
In the class action lawsuit captioned as Rosado, v. Mueller et al.,
Case No. 23-cv-3718 (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").
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=rDz8Tb at no extra
charge.[CC]
SUSAN MUELLER: "Allen" Protective Order Applicable in Van Guilder
-----------------------------------------------------------------
In the class action lawsuit captioned as Van Guilder, v. Mueller et
al., Case No. 23-cv-3398 (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").
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=6WBsMZ at no extra
charge.[CC]
SUSAN MUELLER: Allen Protective Order Applicable in Frateschi Case
------------------------------------------------------------------
In the class action lawsuit captioned as Frateschi v. Hammer et
al., Case No. 23-cv-3394 (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").
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=K7Xcjk at no extra
charge.[CC]
SUSAN MUELLER: Allen Protective Order Applicable in Wilkerson Case
------------------------------------------------------------------
In the class action lawsuit captioned as Wilkerson, v. Hammer et
al., Case No. 23-cv-3397 (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").
A copy of the Court's order dated March 4, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=7TS7zg at no extra
charge.[CC]
SWEDISH MATCH: Entices Youth to Use E-Cigarettes, Wolters Claims
----------------------------------------------------------------
Bailey Wolters, on behalf of himself and all those similarly
situated, Plaintiff v. Swedish Match North America, LLC and Philip
Morris International, Inc., Defendants, Case No.
3:24-cv-00417-AGS-MMP (S.D. Cal., March 1, 2024) arises from the
Defendants' wrongful conduct in marketing, promoting,
manufacturing, designing, and selling Zyn e-cigarette that caused
or contributed substantially to causing injuries to Plaintiff.
According to the complaint, advertisements for Zyn emphasize the
themes the industry has long-known resonates with kids, like
"Freedom," "Finding Your Curiosity," "Never Miss a Moment" and
"Find Your Zyn" -- a clear play on the word "Zen," which generally
connotes peace and inner calm. In addition to targeting kids
through flavors, Defendants use deceptive advertising in describing
Zyn as "tobacco-free," which falsely implies that Zyns are not
harmful or there is a reduced risk of addiction. Technically,
"tobacco-free" means that no part of the product is derived from
the tobacco plant. But Zyn's nicotine is indeed derived from
tobacco, the suit contends.
Plaintiff Wolters is a citizen of the state of California. He began
using Zyn when he was a teenager in or about 2019. He is addicted
to the nicotine contained in Zyn and has suffered personal injuries
as a result of his Zyn use, including addiction and dental issues.
The Plaintiff was allegedly influenced by Zyn's marketing and
advertising, which drove purchases.
Swedish Match North America, LLC designs, manufactures, markets,
advertises, promotes, distributes and sells Zyn in the United
States.[BN]
The Plaintiff is represented by:
Martin Schmidt, Esq.
SCHMIDT NATIONAL LAW GROUP
3033 Fifth Avenue, Suite 335
San Diego, CA 92103
Telephone: (800) 631-5656
Facsimile: (800) 631-177
E-mail: mschmidt@nationalinjuryadvocates.com
- and -
Scott P. Schlesinger, Esq.
Jonathan R. Gdanski, Esq.
Jeffrey L. Haberman, Esq.
Sarah J. Foster, Esq.
SCHLESINGER LAW OFFICES, P.A.
1212 Southeast Third Avenue
Fort Lauderdale, FL 33316
Telephone: (954) 467-8800
Facsimile: (954) 320-9509
E-mail: scott@schlesingerlaw.com
jonathan@schlesingerlaw.com
jhaberman@schlesingerlaw.com
sarah@schlesingerlaw.com
SWEETEES INC: Faces Wurm Suit Over Unsolicited Text Messages
------------------------------------------------------------
CHARMING WURM, individually and on behalf of all others similarly
situated, Plaintiff v. SWEETEES, INC., Case No. CACE-24-002976
(Fla. Cir., 17th Judicial, Broward Cty., March 3, 2023) is an
action for injunctive and declaratory relief, and damages for
violations of the Caller ID Rules of the Florida Telephone
Solicitation Act.
The Plaintiff, brings this action alleging that Defendant violated
the FTSA's Caller ID Rules by transmitting a phone number that was
not capable of receiving phone calls when it made Telephonic Sales
Calls by text message. Specifically, Defendant made Text Message
Sales Calls that promoted Sweetees and violated the Caller ID Rules
when it transmitted to the recipients' caller identification
services a telephone number that was not capable of receiving
telephone calls, says the suit.
Sweetees, Inc. manufactures adult and children's clothing.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202)709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
TALENTLAUNCH LLC: Fails to Prevent Data Braech, Buyck Alleges
-------------------------------------------------------------
STEVE BUYCK, individually and on behalf of all others similarly
situated, Plaintiff v. TALENTLAUNCH, LLC; and ALLIANCE SOLUTIONS
GROUP, LLC all d/b/a TALENT LAUNCH, Defendants, Case No.
1:24-cv-00464-BMB (N.D. Ohio, March 11, 2024) is an action arising
from a recent cyberattack resulting in a data breach of sensitive
information in the possession and custody and/or control of
Defendant (the "Data Breach").
According to the complaint, the Data Breach resulted in the
unauthorized disclosure, exfiltration, and theft of consumers'
highly personal information, including but not limited to name and
Social Security Number ("personal identifying information" or
"PII").
The Defendant's failure to timely detect and report the Data Breach
made its consumers vulnerable to identity theft without any
warnings to monitor their financial accounts or credit reports to
prevent unauthorized use of their PII. As a result of its
inadequate cybersecurity, Defendant exposed Plaintiff's PII for
theft by cybercriminals and sale on the dark web, says the suit.
TALENTLAUNCH, LLC provides consulting services. The Company offers
services such as emergency management and response, hazardous
materials planning, reducing occupational health and safety risks,
environmental compliance and stewardship, and risk based planning.
[BN]
The Plaintiff is represented by:
Terence R. Coates, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
Email: tcoates@msdlegal.com
-and-
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@turkestrauss.com
raina@turkestrauss.com
TARGET CORPORATION: Province Suit Removed to E.D. Missouri
----------------------------------------------------------
The case captioned as Richard Province, individually and on behalf
of all others similarly situated v. TARGET CORPORATION, and DOES 1
through 10, Case No. 24SLCC00486 was removed from the Circuit Court
for St. Louis County, Missouri, to the U.S. District Court for the
Eastern District of Missouri on March 5, 2024, and assigned Case
No. 4:24-cv-00339-SPM.
The Plaintiff alleges Target improperly advertises certain over-the
counter "Up & Up" branded cough medicine as "Non-Drowsy." In
particular, Plaintiff brings claims related to his and other
Missouri residents' purchases of "Up & Up" products that contain
dextromethorphan hydrobromide ("DXM") and have been marketed as
Non-Drowsy (the "Products"). According to Plaintiff, it is
misleading for Target to advertise the Products as Non-Drowsy
because DXM is "scientifically proven to cause drowsiness." The
Plaintiff has brought claims against Target for breach of warranty
under Missouri law, breach of implied contract under Missouri law,
unjust enrichment under Missouri law, and (iv) violation of the
Missouri Merchandising Practices Act ("MMPA") & other consumer
protection laws.[BN]
The Defendants are represented by:
M. Kevin Underhill, Esq.
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
Phone: (415) 544-1900
Facsimile: (415) 391-0281
Email: kunderhill@shb.com
- and -
Emily Weissenberger, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
4 Embarcadero Center, 27th Floor
San Francisco, CA 94111
TENET HEALTHCARE: Class Cert. Bid Filing Due July 13, 2025
----------------------------------------------------------
In the class action lawsuit captioned as Doe v. Tenet Healthcare
Corporation, Case No. 1:23-cv-12978 (D. Mass., Filed Dec. 6, 2023),
the Hon. Judge Patti B. Saris entered an order approving the
Parties' amended joint statement and pretrial schedule:
-- Discovery to be completed by: Dec. 15, 2025
-- Class Certification Motion due by: July 13, 2025
-- Response due 60 Days after, Reply 30 Days after Defendant's
Response.
The nature of suit states Torts -- Personal Injury -- Other
Personal Injury.
Tenet Healthcare is a for-profit multinational healthcare services
company based in Dallas, Texas.[CC]
TERVIS TUMBLER: Herrera Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Tervis Tumbler
Company. The case is styled as Edery Herrera, on behalf of himself
and all other persons similarly situated v. Tervis Tumbler Company,
Case No. 1:24-cv-01739 (S.D.N.Y., March 6, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tervis Tumbler Company -- https://www.tervis.com/ -- is an American
manufacturer of double-walled, insulated tumblers.[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
Email: michael@gottlieb.legal
TRAVEL CLUB: MacDonald Files TCPA Suit in D. Arizona
----------------------------------------------------
A class action lawsuit has been filed against Travel Club
Enterprises LLC. The case is styled as Darren MacDonald,
individually and on behalf of all others similarly situated v.
Travel Club Enterprises LLC, Case No. 2:24-cv-00443-MTM (D. Ariz.,
March 4, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Travel Club Enterprises LLC is a Nevada Foreign Limited-Liability
Company.[BN]
The Plaintiff is represented by:
Avi Kaufman, Esq.
KAUFMAN PA
400 NW 26th St.
Miami, FL 33127
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
- and -
Nathanael Melvin Brown, Esq.
BROWN PATENT LAW
15100 N 78th Way
Scottsdale, AZ 85260
Phone: (602) 529-8347
Email: nathan.brown@brownpatentlaw.com
TRISTRUX LLC: Bonetti Suit Removed to N.D. California
-----------------------------------------------------
The case captioned as Tyler Andrew Bonetti, an individual and on
behalf of all others similarly situated v. TRISTRUX LLC, a Delaware
limited liability company; JAMES CORTEZ, an individual; JOHN KELLY,
an individual; and DOES 1 through 100, inclusive, Case No.
24CV061535 was removed from the Superior Court of the Superior
Court of California, County of Alameda, to the U.S. District Court
for the Northern District of California on March 5, 2024, and
assigned Case No. 3:24-cv-01319.
The Complaint alleges nine causes of actions against Defendants for
purported wage and hour law violations under the California Labor
Code and Business and Professions Code.[BN]
The Defendants are represented by:
Matthew S. Disbrow
HONIGMAN LLP
2290 First National Building
Detroit, MI 48226
Phone: 313-465-7372
Facsimile: 313-465-7373
Email: mdisbrow@honigman.com
TRISTRUX LLC: Cruz Suit Removed to N.D. California
--------------------------------------------------
The case captioned as Walter Cruz and Antonio Angelo Larranaga,
individuals, on behalf of themselves, and on behalf of all person
similarly situated v. TRISTRUX LLC, a Delaware limited liability
company; JAMES CORTEZ, an individual; JOHN KELLY, an individual;
and DOES 1 through 100, inclusive, Case No. 23CV047527 was removed
from the Superior Court of the Superior Court of California, County
of Alameda, to the U.S. District Court for the Northern District of
California on March 5, 2024, and assigned Case No. 3:24-cv-01318.
On January 16, 2024, Plaintiffs filed their First Amended
Complaint, adding Plaintiff Antonio Larranaga as a named plaintiff
(the "FAC"). The FAC alleges nine causes of actions against
Defendants for purported wage and hour law violations under the
California Labor Code and Business and Professions Code.[BN]
The Defendants are represented by:
Matthew S. Disbrow
HONIGMAN LLP
2290 First National Building
Detroit, MI 48226
Phone: 313-465-7372
Facsimile: 313-465-7373
Email: mdisbrow@honigman.com
UNIVERSITY OF WASHINGTON: Irvine Suit Removed to W.D. Washington
----------------------------------------------------------------
The case styled as Alexander Irvine, Barbara Twaddell, individually
and on behalf of all others similarly situated v. University of
Washington, Case No. 24-00002-03365-3 was removed from the King
County Superior Court, to the U.S. District Court for the Western
District of Washington on March 4, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00296 to the
proceeding.
The nature of suit is stated as Other P.I.
The University of Washington -- https://www.washington.edu/ -- is a
public research university in Seattle, Washington.[BN]
The Plaintiffs are represented by:
Alexander F. Strong, Esq.
BENDICH STOBAUGH & STRONG
126 NW Canal Street, Ste. 100
Seattle, WA 98107
Phone: (206) 622-3536
Email: astrong@bs-s.com
The Defendant is represented by:
David B Robbins, Esq.
Ellie Chapman, Esq.
Matthew Gordon, Esq.
Susan Donnelly Fahringer, Esq.
Todd M Hinnen, Esq.
Erin K Earl, Esq.
PERKINS COIE (SEA)
1201 3rd Ave., Ste. 4900
Seattle, WA 98101-3099
Phone: (206) 359-6745
Email: drobbins@perkinscoie.com
echapman@perkinscoie.com
mgordon@perkinscoie.com
sfahringer@perkinscoie.com
thinnen@perkinscoie.com
eearl@perkinscoie.com
US STEEL: Floyd Suit Removed to W.D. Pennsylvania
-------------------------------------------------
The case captioned as Christopher Floyd, and all others similarly
situated v. UNITED STATES STEEL CORPORATION, Case No. GD-24-000542
was removed from the Court of Common Pleas of Allegheny County, to
the U.S. District Court for the Western District of Pennsylvania on
March 6, 2024, and assigned Case No. 2:24-cv-00304-WSS.
The Plaintiff's Complaint alleges that "as a matter of policy,"
Defendant USS fails to compensate him and alleged Class Members for
all time performing tasks prior to and after their scheduled
shifts. The Complaint also "challenges the legality under the PMWA
of Defendant's company-wide timekeeping, compensation, and payroll
practices."[BN]
The Defendants are represented by:
Marla N. Presley, Esq.
Laura C. Bunting, Esq.
JACKSON LEWIS P.C.
1001 Liberty Avenue, Suite 1000
Pittsburgh, PA 15222
Phone: (412) 232-0404
Facsimile: (412) 232-3441
Email: Marla.Presley@jacksonlewis.com
Laura.Bunting@jacksonlewis.com
- and -
Veronica T. Hunter, Esq.
JACKSON LEWIS P.C.
717 Texas Avenue, Suite 1700
Houston, TX 77002
Phone: (713) 650-0404 (Tel)
Veronica.Hunter@jacksonlewis.com
- and -
Email: Andrew J. Bellwoar, Esq.
JACKSON LEWIS P.C.
10701 Parkridge Blvd., Suite 300
Reston, VA 22102
Phone: 703) 483-8300 (Tel)
Email: Andrew.Bellwoar@jacksonlewis.com
US STEEL: Guidas Suit Removed to W.D. Pennsylvania
--------------------------------------------------
The case captioned as Ronald Guidas, and all others similarly
situated v. UNITED STATES STEEL CORPORATION, Case No. GD-24-001257
was removed from the Court of Common Pleas of Allegheny County, to
the U.S. District Court for the Western District of Pennsylvania on
March 6, 2024, and assigned Case No. 2:24-cv-00305-WSS.
The Plaintiff's Complaint alleges that "as a matter of policy,"
Defendant USS fails to compensate him and alleged Class Members for
all time performing tasks prior to and after their scheduled
shifts. The Complaint also "challenges the legality under the PMWA
of Defendant's company-wide timekeeping, compensation, and payroll
practices."[BN]
The Defendants are represented by:
Marla N. Presley, Esq.
Laura C. Bunting, Esq.
JACKSON LEWIS P.C.
1001 Liberty Avenue, Suite 1000
Pittsburgh, PA 15222
Phone: (412) 232-0404
Facsimile: (412) 232-3441
Email: Marla.Presley@jacksonlewis.com
Laura.Bunting@jacksonlewis.com
- and -
Veronica T. Hunter, Esq.
JACKSON LEWIS P.C.
717 Texas Avenue, Suite 1700
Houston, TX 77002
Phone: (713) 650-0404 (Tel)
Veronica.Hunter@jacksonlewis.com
- and -
Email: Andrew J. Bellwoar, Esq.
JACKSON LEWIS P.C.
10701 Parkridge Blvd., Suite 300
Reston, VA 22102
Phone: 703) 483-8300 (Tel)
Email: Andrew.Bellwoar@jacksonlewis.com
USHEALTH ADVISORS: Spencer Files TCPA Suit in N.D. Texas
--------------------------------------------------------
A class action lawsuit has been filed against USHEALTH Advisors,
LLC. The case is styled as Brent Spencer, individually and on
behalf of all others similarly situated v. Cooper Aerobics
Enterprises, Inc., Case No. 4:24-cv-00201-P (N.D. Tex., March 4,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
USHEALTH Group -- https://www.ushealthgroup.com/ -- is a leading
health coverage provider, offering affordable and personalized
plans for everyone looking for a custom coverage solution.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
3839 McKinney Avenue, Suite: 155-2319
Dallas, TX 75204
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
VANDERBILT UNIVERSITY: Fails to Pay Proper Wages, Coggins Alleges
-----------------------------------------------------------------
ROBERT COGGINS, individually and on behalf of all others similarly
situated, Plaintiff v. VANDERBILT UNIVERSITY MEDICAL CENTER,
Defendant, Case 3:24-cv-00286 (M.D. Tenn., March 11, 2024) seeks to
recover from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Coggins was employed by the Defendant as a floor
technician.
VANDERBILT UNIVERSITY MEDICAL CENTER operates as a non-profit
health care organization. The Organization offers heart and
vascular, children's health, neurology and neurosurgery,
chemotherapy, pain management, rehabilitation, surgery, diabetes
care, and cancer treatment services. [BN]
The Plaintiff is represented by:
Anne Bennett Hunter, Esq.
HUNTER LAW FIRM
101 Creekside Crossing, Suite 1700-307
Brentwood, TN 37027
Telephone: (615) 592-2977
Email: anne@hunteremploymentlaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
5000 Rockside Road
Liberty Plaza Building – Suite 520
Independence, OH 44131
Telephone: (216) 816-8696
Email: james@simonsaypay.com
VENTYX BIOSCIENCES: Yuksel Sues Over Decline in Share Price
-----------------------------------------------------------
OMER YUKSEL, individually and on behalf of all others similarly
situated, Plaintiff v. VENTYX BIOSCIENCES, INC., RAJU MOHAN, MARTIN
AUSTER, WILLIAM J. SANDBORN, SHEILA GUJRATHI, JIGAR CHOKSEY,
RICHARD GASTER, AARON ROYSTON, SOMASUNDARAM SUBRAMANIAM, and
WILLIAM WHITE, Defendants, Case No. 3:24-cv-00415-AGS-DDL (S.D.
Cal., March 1, 2024) is a federal securities class action on behalf
of the Plaintiff and a class consisting of all persons and entities
other than Defendants that purchased or otherwise acquired: (a)
Ventyx common stock pursuant and/or traceable to the Offering
Documents (defined below) issued in connection with the Company's
initial public offering conducted on or about October 21, 2021;
and/or (b) Ventyx securities between October 21, 2021 and November
6, 2023, both dates inclusive, pursuing claims against the
Defendants under the Securities Act of 1933 and the Securities
Exchange Act of 1934.
On October 21, 2021, Ventyx filed a prospectus on Form 424B4 with
the SEC in connection with the IPO, which incorporated and formed
part of the Registration Statement or the Offering Documents.
According to the complaint, the Offering Documents were negligently
prepared and, as a result, contained untrue statements of material
fact or omitted to state other facts necessary to make the
statements made not misleading and were not prepared in accordance
with the rules and regulations governing their preparation. In
addition, throughout the Class Period, Defendants made materially
false and misleading statements regarding the Company's business,
operations, and prospects. Specifically, the Offering Documents and
Defendants made false and/or misleading statements and/or failed to
disclose that: (i) VTX958 was less effective in treating psoriasis
than Defendants had led investors to believe; (ii) as a result,
VTX958's clinical and/or commercial prospects were overstated;
(iii) accordingly, the Company had misrepresented its ability to
develop and commercialize effective product candidates; (iv)
Ventyx's post-IPO business prospects were thus inflated; and (v) as
a result, the Company's public statements were materially false and
misleading at all relevant times.
On this news, Ventyx's common stock price fell $11.36 per share, or
80.62%, to close at $2.73 per share on November 7, 2023. As of the
time this Complaint was filed, the price of Ventyx common stock
continues to trade below the $16 per share Offering price, damaging
investors, says the suit.
Ventyx Biosciences, Inc. is a clinical-stage biopharmaceutical
company that develops small molecule product candidates to address
a range of inflammatory diseases.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Brian Schall, Esq.
THE SCHALL FIRM
2049 Century Park East, Ste. 2460
Los Angeles, CA 90067
Telephone: (310) 301-3335
E-mail: brian@schallfirm.com
VOLTA INC: Belcher Appeals Denied Atty's. Fee Bid to 2nd Circuit
----------------------------------------------------------------
DAVID BELCHER is taking an appeal from a court order denying his
motion for attorneys' fees in the lawsuit entitled David Belcher,
individually and on behalf of all others similarly situated,
Plaintiff, v. Volta Inc., et al., Defendants, Case No.
1:23-cv-1406, in the U.S. District Court for the Southern District
of New York.
As previously reported in the Class Action Reporter, the Plaintiff
brought this action against the Defendants for violations of the
Securities Exchange Act of 1934 arising in connection with the
solicitation of public stockholders of Volta to vote in favor of a
merger transaction pursuant to which Volta will merge into an
affiliate of Shell USA, Inc., in exchange for payment of $0.86 per
share in cash by Shell to Volta stockholders.
On May 17, 2023, the Plaintiff filed a motion for attorneys' fees,
which the Court denied through an Order entered by Judge Jed S.
Rakoff on Feb. 2, 2024.
The Court finds that the Plaintiff is no longer entitled to
attorneys' fees under Delaware law because he cannot show that any
of the supplemental disclosures were material. As a result, the
state-law claim does not provide a basis for attorneys' fees in the
absence of entitlement under the federal common-benefit doctrine.
The appellate case is captioned Belcher v. Lauber, Case No. 24-494,
in the United States Court of Appeals for the Second Circuit, filed
on February 29, 2024. [BN]
Plaintiff-Appellant DAVID BELCHER, individually and on behalf of
all others similarly situated, is represented by:
Joshua E. Fruchter, Esq.
WOHL & FRUCHTER LLP
25 Robert Pitt Drive, Suite 209G
Monsey, NY 10952
Defendants-Appellees MARTIN LAUBER, et al. are represented by:
Daniel Laguardia, Esq.
SHEARMAN & STERLING LLP
140 New Montgomery Street, 10th Floor
San Francisco, CA 94105
Telephone: (212) 848-4000
WAG HOTELS INC: Piper Suit Removed to N.D. California
-----------------------------------------------------
The case captioned as Jack Piper, individually and on behalf of all
others similarly situated v. Wag Hotels, Inc., Case No.
CGC-24-611665 was removed from the Superior Court of the State of
California for the County of San Francisco, to the U.S. District
Court for the Northern District of California on March 6, 2024, and
assigned Case No. 4:24-cv-01340-JSW.
On February 6, 2024, Plaintiff purported to serve the Complaint and
Summons on Wag. The Complaint asserts claims against Wag for
negligent misrepresentation, fraud, unjust enrichment/restitution,
and violations of the California Unfair Competition Law; the
California False Advertising Law; and the California Consumers
Legal Remedies Act.[BN]
The Defendants are represented by:
Nicole C. Valco, Esq.
Scott D. Joiner, Esq.
Ward A. Penfold, Esq.
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Phone: 415.391.0600
Fax: 415.395.8095
Email: nicole.valco@lw.com
scott.joiner@lw.com
ward.penfold@lw.com
WELLS FARGO: Faces Arif Suit Over Improper Bank Charges
-------------------------------------------------------
MAHER ARIF; BRAD ELLISH; BATMADAKH CHOIJIN; and DAGVADOR
BAYARSAIHAN, individually and on behalf of all others similarly
situated, Plaintiffs v. WELLS FARGO BANK, N.A., Defendant, Case No.
4:24-cv-04044-LLP (D.S.D., March 11, 2024) alleges that the
Defendant improperly charged the "Deposited Item Return Unpaid
Fees".
The Plaintiff alleges in the complaint that by charging the
"Deposited Item Return Unpaid Fees", Wells Fargo unfairly targeted
its customers with financial penalties for faulty checks the
customers had no hand in issuing. The Plaintiffs were shocked when
they were charged these Fees because they did nothing wrong, yet
were penalized by Wells Fargo. There was nothing the Plaintiffs
could do to avoid, or even anticipate, a Deposited Item Return
Unpaid Fee assessed by Wells Fargo at the time the deposit was
returned.
By charging its customers significant fees in situations where the
customer did nothing wrong and could not have avoided the fee
through reasonable diligence, Wells Fargo acted in a manner that is
unfair, oppressive, and against public policy, says the suit.
Wells Fargo Bank, National Association operates as a bank. The Bank
offers online and mobile banking, home mortgage, loans and credit,
investment and retirement, wealth management, and insurance
services. [BN]
The Plaintiff is represented by:
Scott N. Heidepriem, Esq.
Matthew A. Tysdal, Esq.
Pete Heidepriem, Esq.
HEIDEPRIEM, PURTELL,
SIEGEL & HINRICHS, LLP
101 W. 69th Street, Suite 105
Sioux Falls, SD 57108
Tel: 605) 679-4470
Emailscott@hpslawfirm.com
matthew@hpslawfirm.com
pete@hpslawfirm.com
- and -
Lisa R. Considine, Esq.
David J. DiSabato, Esq.
Oren Faircloth, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Ave, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Facsimile: (646) 417-5967
Email: lconsidine@sirillp.com
ddisabato@sirillp.com
ofaircloth@sirillp.com
[^] ATTICUS Administration Sponsors 2024 Class Action Conference
----------------------------------------------------------------
ATTICUS Administration, LLC, a class action notice campaign and
claims administration company, is one of the sponsors of the Class
Action Money & Ethics Conference this May.
ATTICUS -- https://www.atticusadmin.com -- is located in Mendota
Heights, Minnesota. The firm was founded by Christopher Longley and
James Hardy. Longley serves as its CEO and Hardy as COO. Prior to
co-founding Atticus, Longley was the CEO of Dahl Administration,
where he oversaw the administrative services for more than 200
settlements. Hardy held finance leadership positions in a variety
of industries, including contract manufacturing, medical devices,
sheet-fed printing, and commodity trading, for 20 years.
Registration is now open for the 8th Annual Class Action Money &
Ethics Conference. This year's event is also being sponsored by:
* Broadridge, a global Fintech leader;
* Darrow.ai;
* Davis Wright Tremaine LLP;
* Duane Morris LLP;
* Giftogram;
* Hook Point;
* JND Legal Administration;
* Parabellum Capital;
* Simpluris; and
* Tremendous, a payouts platform
Join top professionals and thought leaders in the class action
industry for this one-day event.
CAME 2024 will be held in-person at The Harmonie Club on Monday,
May 6, 2024. To register, visit
https://www.classactionconference.com/
For sponsorship or speakership opportunities, please contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***