/raid1/www/Hosts/bankrupt/CAR_Public/240403.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, April 3, 2024, Vol. 26, No. 68
Headlines
1ST SOURCE BANK: Edwards Suit Transferred to D. Massachusetts
1ST SOURCE BANK: Kuhn Suit Transferred to D. Massachusetts
1ST SOURCE BANK: Montgomery Suit Transferred to D. Massachusetts
1ST SOURCE: Tompach Suit Transferred to D. Massachusetts
3M COMPANY: McConaughey Sues Over Exposure to Toxic Chemicals
3M COMPANY: Youree Sues Over Exposure to Toxic Film-Forming Foams
AARP: Class Cert Bid Filing in Markels Suit Due Jan. 14, 2025
ADVANTAGE SALES: Mejicanos Brings PAGA Claim for Labor Law Breaches
ALLSTATE NORTHBROOK: Joint Bid to Seal Docs in Chavez Suit OK'd
AMAZON.COM: Parties Seek to Extend Class Cert. Bid Filing Deadline
AMERICAN BANKERS: Seeks Denial of Dahl Class Certification Bid
AMERICAN INCOME: Massari Seeks Unpaid Minimum, OT Wages
ANDY MEISNER: Sinclair Bid to Amend Complaint Granted in Part
ANTHEM INC: Court Certifies Class of Health Benefit Plan Members
ANTHONY FASULO: $1.92MM Settlement in Palumbo Suit Gets Final Nod
APPLE INC: Class Settlement in Shay Suit Gets Final Nod
ARIZONA BEVERAGES: Parties Seek Class Cert Filing Extension
ASR GROUP: Fowler and Benmeleh Sue Over Price-Fixing of Sugar
ASR GROUP: KPH Seeks Damages for Antitrust Violations
BMW FINANCIAL: ORG Holdings Files Suit in Ohio Ct. of Common Pleas
CAIRE INC: Brennan Files Suit in N.D. Georgia
CALIFORNIA AMMONIA: Mesquita Suit Removed to E.D. California
CAMELIA BEAUTY: Morgan Files ADA Suit in S.D. New York
CANADA DRY: Wins Partial Summary Judgment vs Escalet
CENTRAL GARDEN: Seeks More Time to Oppose Brand Class Cert Bid
CENTRAL WATERS: Hansen and Smith Sue Over Unlawful Tip Pooling
CHANGE HEALTHCARE: Lemke et al. Seek Damages for Data Breach
CONTINENTAL AKTIENGESELLSCHAFT: Williams Alleges Tire Price-Fixing
CR ENGLAND: Class Action Settlement in Vansickle Gets Final Nod
CRANE USA: Website Inaccessible to Blind Users, Miller Suit Claims
CREATIVE FOAM: Turner Sues Over Failure to Pay Proper Overtime
D2C LLC: Discloses Consumers' Personal Info, Villalobos Claims
DAVENPORT TRANSPORTATION: Whitener Sues Over Drivers' Unpaid OT
DELINEA INC: Koeller Sues Over Unlawful Telemarketing Calls
EASTERN RADIOLOGISTS: Faces Lynch Suit Over Alleged Data Breach
EDDIE BAUER: Court Requires Updated Joint Status Report in Clark
EGGLAND'S BEST: Faces Roye Consumer Protection Suit
EGGLAND'S BEST: Vilchis Sues Over Mislabeled Shell Egg Products
ELEGANTE SERVICESS: Martinez Sues Over Unpaid Overtime Wages
ELEVANCE HEALTH: Kneppar Bid Conditional Status Partly OK'd
ENCOMPASS HEALTH: Norman Seeks to Certify FLSA Collective Action
EXP REALTY: Ganz Sues Over Unsolicited Telemarketing Calls
EXPEDIA GROUP: Echevarria Suit Seeks Class Certification
EXPENSIFY INC: Parties Must Propose Case Schedule in Wilhite Suit
EZRICARE LLC: Lopez Sues Over Unlawful Levels of Bacteria
FEDEX FREIGHT: Gayden Must Show Cause Why Case Should Proceed
FEDEX GROUND: Depina Seeks to Certify Classes & Sub-classes
FIFTY WEST: Morse Bid for Class Certification Tossed
FILMLAND SPIRITS: Bullock Files ADA Suit in S.D. New York
FLO HEALTH: Frasco Class Cert. Bid Terminated w/o Prejudice
FLORIDA AGENCY: Bid to File Class Cert Reply Granted in Part
FLOWERS FOODS: Class Settlement in Ludlow Gets Final Nod
FORD MOTOR: Bids to Seal Granted in Part w/o Prejudice in Lessin
FORD MOTOR: Seeks to Decertify 4 Classes in Tershakovec Suit
FTX CRYPTOCURRENCY: Plaintiffs Seek to Lift Stay of Discovery
GRAND AMERICA: Parties Seek to Extend Time to File Class Cert Bid
HANOVER VENTURES: Gonzalez's Bid for Class Certification Granted
KEENAN & ASSOCIATES: Ghyam Sues Over Alleged Data Breach
L'OREAL USA: Grossenbacher Sues Over Sale of Harmful Products
LADY MAY: Dennison et al. File Claim for Labor Violations
MULLEN AUTOMOTIVE: Martis Sues Over Misleading Proxy Statements
NATIONAL COLLEGIATE: Gaines Seeks Damages for Title IX Violations
NORTHEAST ORTHOPEDICS: Coe Sues Over Private Data Breach
OCEAN SPRAY CRANBERRIES: Elders Files Suit in S.D. California
OGLETHORPE UNIVERSITY: Faces Kochan Breach of Contract Suit
OLIVELA INC: Sookul Files ADA Suit in S.D. New York
ON SEMICONDUCTOR: Hubacek Suit Transferred to D. Arizona
ORANGEBURG COUNTY SCHOOL: Argrow Suit Removed to D. South Carolina
PARK MY FLEET: Grewal Suit Removed to E.D. California
PUBLIC PARTNERSHIPS: Quitero Suit Removed to S.D. Florida
REALPAGE INC: Kabisch Suit Transferred to S.D. New York
REDSPEED GEORGIA: Dunn Suit Removed to S.D. Georgia
ROADRUNNER TRANSPORTATION: Rojas Files Suit in Cal. Super. Ct.
ROSINA FOOD: Demosthene and Jones Allege Labor Law Breaches
RURAL/METRO FIRE DEPT: Santiago Suit Removed to S.D. California
SCAN HEALTH PLAN: Apodaca Sues Over Failure to Pay All Wages
SECURITAS SECURITY: Gandy and Gandy Seek Proper Overtime Wages
SHOALS TECHNOLOGIES: Westchester Sues Over Exchange Act Violation
SIX FLAGS: Charges Vacationers Hidden Fees, Labrake Suit Says
SOURPUSS CLOTHING: Karim Files ADA Suit in S.D. New York
SPROUTS FARMERS: Khwaja Alleges Unfair Competition Practices
STRATEGIC RETAIL: Faces Harvey Suit Over Worker Misclassification
TORRID LLC: Karim Files ADA Suit in S.D. New York
TRAVEL RESORTS: Chapman Files TCPA Suit in M.D. North Carolina
TVI INC: Villanueva Suit Removed to N.D. California
TWO JINN: Parties Seek to Reset Class Cert. Bid Briefing Schedule
UBER FREIGHT: Coreno Seeks PAGA Penalties for Labor Breaches
UNITED STATES: Class Cert. Briefing Deadlines in Popkova Stricken
UNITED STATES: Henry Wins Class Certification Bid
UNITED STATES: Sarmiento Balks at Denied Insurance Premium Refunds
UNITED SUGAR PRODUCERS: Morelos Bakery Sues Over Price Fixing
URBAN LEAF CO: Rascon Files Suit in Cal. Super. Ct.
UTILIQUEST LLC: Hicks Suit Removed to E.D. California
VAXART INC: Parties Seek Class Cert. Hearing Extension to April 18
VICTOR'S SUSHI: Fails to Pay Proper Wages, Garrett and Tiefert Say
VISTA EQUITY: GCERS Files Suit in Del. Chancery Ct.
VOSA SPIRITS: Morgan Files ADA Suit in S.D. New York
WALMART INC: Class Action Settlement in Haro Suit Gets Initial Nod
WALMART INC: Guzman Files Suit in Cal. Super. Ct.
WELLS FARGO BANK: Kennedy Suit Removed to E.D. Wisconsin
WELLS FARGO: Class Certification Bid Filing Due Jan. 24
WFS EXPRESS INC: Winiecki Suit Removed to E.D. California
WILLIAM PINTAS: Mey Files TCPA Suit in N.D. West Virginia
YANKEE CANDLE: Wilkins APA Suit Removed to E.D. Pennsylvania
ZENLEADS INC: Wilhelm Files Placeholder Bid for Class Certification
ZENLEADS INC: Wilhelm Files Suit in N.D. Ohio
[*] Gordon Rees Sponsors 8th Annual Class Action Conference
[*] Miller Kaplan Sponsors 8th Annual Class Action Conference
[*] Tremendous Sponsors 8th Annual Class Action Conference
[] Free Webinar on AI, Crypto Class Actions on April 4
*********
1ST SOURCE BANK: Edwards Suit Transferred to D. Massachusetts
-------------------------------------------------------------
The case styled as Patricia Edwards, on behalf of herself and all
others similarly situated v. 1st Source Bank, Case No.
3:23-cv-00701 was transferred from the U.S. District Court for the
Northern District of Indiana, to the U.S. District Court for the
District of Massachusetts on March 19, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10690-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Breach of Contract.
1st Source -- https://www.1stsource.com/ -- is a financial services
company headquartered in South Bend, Indiana.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Bryan L. Bleichner, Esq.
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 339-7300
Fax: (612) 336-2940
Email: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
- and -
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
10800 Financial Centre Pkwy, Suite 510
Little Rock, AK 72211
Phone: (501) 221-0088
Email: josh@sanfordlawfirm.com
The Defendant is represented by:
John D. LaDue, Esq.
LADUE CURRAN & KUEHN LLC
100 E Wayne St Ste 300
South Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: jladue@lck-law.com
- and -
Kathleen R. Mosier, Esq.
Paul Edgar Harold, Esq.
SOUTHBANK LEGAL LLC - SB/IN
100 E Wayne St Ste 300
Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: kmosier@southbank.legal
pharold@southbank.legal
1ST SOURCE BANK: Kuhn Suit Transferred to D. Massachusetts
----------------------------------------------------------
The case styled as Mark Kuhn, on behalf of himself and all others
similarly situated v. 1st Source Bank, Case No. 3:23-cv-00702 was
transferred from the U.S. District Court for the Northern District
of Indiana, to the U.S. District Court for the District of
Massachusetts on March 19, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10692-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Contract Default.
1st Source -- https://www.1stsource.com/ -- is a financial services
company headquartered in South Bend, Indiana.[BN]
The Plaintiff is represented by:
Justin C. Walker, Esq.
MARKOVITS STOCK & DEMARCO LLC
119 E Court St Ste 530
Cincinnati, OH 45202
Phone: (513) 651-3700
Fax: (513) 665-0219
Email: jwalker@msdlegal.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (847) 208-4585
Email: gklinger@milberg.com
The Defendant is represented by:
John D. LaDue, Esq.
LADUE CURRAN & KUEHN LLC
100 E Wayne St Ste 300
South Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: jladue@lck-law.com
- and -
Kathleen R. Mosier, Esq.
Paul Edgar Harold, Esq.
SOUTHBANK LEGAL LLC - SB/IN
100 E Wayne St Ste 300
Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: kmosier@southbank.legal
pharold@southbank.legal
1ST SOURCE BANK: Montgomery Suit Transferred to D. Massachusetts
----------------------------------------------------------------
The case styled as Stephanie Montgomery, on behalf of herself and
all others similarly situated v. 1st Source Bank, Case No.
3:23-cv-00715 was transferred from the U.S. District Court for the
Northern District of Indiana, to the U.S. District Court for the
District of Massachusetts on March 19, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10694-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Contract Default.
1st Source -- https://www.1stsource.com/ -- is a financial services
company headquartered in South Bend, Indiana.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
- and -
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Avenue
Cincinnati, OH 45208
Phone: (513) 381-2333
Fax: (513) 766-9011
Email: jlyon@thelyonfirm.com
- and -
Kevin M. Cox, Esq.
THE CAMARDO LAW FIRM, PC
127 Genesee Street
Auburn, NY 13021
Phone: (315) 252-3846
Email: kevincox@camardo.com
The Defendant is represented by:
John D. LaDue, Esq.
LADUE CURRAN & KUEHN LLC
100 E Wayne St Ste 300
South Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: jladue@lck-law.com
- and -
Kathleen R. Mosier, Esq.
Paul Edgar Harold, Esq.
SOUTHBANK LEGAL LLC - SB/IN
100 E Wayne St Ste 300
Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: kmosier@southbank.legal
pharold@southbank.legal
1ST SOURCE: Tompach Suit Transferred to D. Massachusetts
--------------------------------------------------------
The case styled as Pamela Tompach, on behalf of herself and all
others similarly situated v. 1st Source Corporation, 1st Source
Bank, Case No. 3:23-cv-00711 was transferred from the U.S. District
Court for the Northern District of Indiana, to the U.S. District
Court for the District of Massachusetts on March 19, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10693-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Breach of Contract.
1st Source -- https://www.1stsource.com/ -- is a financial services
company headquartered in South Bend, Indiana.[BN]
The Plaintiff is represented by:
Kathleen A DeLaney, Esq.
Christopher S Stake, Esq.
DELANEY & DELANEY LLC
3646 N Washington Blvd.
Indianapolis, IN 46205
Phone: (317) 920-0400
Fax: (317) 920-0404
Email: kathleen@delaneylaw.net
cstake@delaneylaw.net
The Defendants are represented by:
John D. LaDue, Esq.
LADUE CURRAN & KUEHN LLC
100 E Wayne St Ste 300
South Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: jladue@lck-law.com
- and -
Joshua Luke Becker, Esq.
SHOOK HARDY & BACON LLP
1230 Peachtree Street, Suite 1200
Atlanta, GA 30309
Phone: (470) 867-6010
Email: jbecker@shb.com
- and -
Kathleen R. Mosier, Esq.
Paul Edgar Harold, Esq.
SOUTHBANK LEGAL LLC - SB/IN
100 E Wayne St Ste 300
Bend, IN 46601
Phone: (574) 968-0760
Fax: (574) 968-0761
Email: kmosier@southbank.legal
pharold@southbank.legal
3M COMPANY: McConaughey Sues Over Exposure to Toxic Chemicals
-------------------------------------------------------------
Randall McConaughey, as Heir to the Estate of George Lee
McConaughey deceased, and others similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA
U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN
AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC; L.N. CURTIS &
SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MILIKEN &
COMPANY; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY
SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.;
PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET
MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC;
SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES
INC.; WITMER PUBLIC SAFETY GROUP; Case No. 2:24-cv-01397-RMG
(D.S.C., March 22, 2024), is brought for damages for personal
injury resulting from exposure to aqueous film-forming foams
("AFFF") containing the toxic chemicals collectively known as per
and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not
limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff Randall McConaughey is a surviving child and heir to
the estate of George Lee McConaughy, who regularly used, and was
thereby directly exposed to, AFFF and TOG in training and to
extinguish fires during his working career as a military and/or
civilian firefighter and was diagnosed with prostate cancer as a
result of exposure to Defendants' AFFF and TOG products. Decedent's
diagnosis caused and/or contributed to his death.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Youree Sues Over Exposure to Toxic Film-Forming Foams
-----------------------------------------------------------------
Wilma Youree, as Surviving Spouse and Heir to the Estate of Walter
Youree, deceased, and others similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA
U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN
AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC; L.N. CURTIS &
SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MILIKEN &
COMPANY; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY
SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.;
PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET
MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC;
SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY;
TYCO FIRE PRODUCTS LP, assuccessor-in-interest to The Ansul
Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); VERIDIAN
LIMITED; W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP;
Case No. 2:24-cv-01444-RMG (D.S.C., March 25, 2024), is brought for
damages for personal injury resulting from exposure to aqueous
film-forming foams ("AFFF") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff Wilma Youree is the surviving sposue and heir to the
estate of Walter Youree, regularly used, and was thereby directly
exposed to, AFFF and TOG in training and to extinguish fires during
his working career as a military and/or civilian firefighter and
was diagnosed with bladder cancer as a result of exposure to
Defendants’ AFFF and TOG products. Decedent’s diagnosis caused
and/or contributed to his death.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
AARP: Class Cert Bid Filing in Markels Suit Due Jan. 14, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as JAN MARKELS, ET AL., v.
AARP, Case No. 4:22-cv-05499-YGR (N.D. Cal.), the Hon. Judge Yvonne
Gonzalez Rogers orders the following class certification schedule:
Event/Deadline Proposed Date
Deadline to add parties or amend April 30, 2024
the pleadings:
Deadline for AARP to substantially July 31, 2024
complete production in response to
Plaintiffs' initial set of RFPs:
Deadline for Plaintiffs to disclose Nov. 22, 2024
identities and subject matter of
opinions of class certification experts:
Deadline for Plaintiffs' motion for Jan. 14, 2025
class certification and class
certification expert disclosures:
Deadline For AARP’s opposition to April 15, 2025
Plaintiffs' motion for class certification
and class certification expert disclosures:
Deadline for Plaintiffs' reply in support June 3, 2025
of their motion for class certification
Hearing on Plaintiffs' motion for class June 17, 2025
certification
AARP is an interest group in the United States focusing on issues
affecting those over the age of fifty.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=aGDtmH at no extra
charge.[CC]
ADVANTAGE SALES: Mejicanos Brings PAGA Claim for Labor Law Breaches
-------------------------------------------------------------------
IREANNA MEJICANOS, an individual, on behalf of herself, all
aggrieved employees, and the State of California as a Private
Attorneys General v. ADVANTAGE SALES & MARKETING, LLC, a California
limited liability company, and DOES 1-50, inclusive, Case No.
24STCV06439 (Cal. Super., Los Angeles Cty., March 14, 2024) seeks
penalties under the Private Attorneys General Act (PAGA) for
Defendants' alleged violations of the California Labor Code.
The Plaintiff, who worked for Defendants as a merchandiser, alleges
that Defendants has had a consistent policy and/or practice of
committing Labor Code violations, including failing to pay for all
hours worked, including overtime, failing to pay wages due upon
termination, failing to provide rest and meal breaks, failing to
reimburse for required business expenses, and failing to provide
accurate itemized wage statements.
Headquartered in Irvice, CA, Advantage Sales & Marketing LLC
provides outsourced sales, merchandising, and marketing services to
consumer goods and food product manufacturers and suppliers. [BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM, APC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 761-5484
Facsimile: (818) 561-3938
E-mail: nazo@koullaw.com
- and -
Sahag Majarian, Esq.
Garen Majarian, Esq.
MAJARIAN LAW GROUP, APC
18250 Ventura Blvd.
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
garen@majarianlawgroup.com
ALLSTATE NORTHBROOK: Joint Bid to Seal Docs in Chavez Suit OK'd
---------------------------------------------------------------
In the class action lawsuit captioned as MINERVA CHAVEZ,
individually and on behalf of all others similarly situated, v.
ALLSTATE NORTHBROOK INDEMINITY COMPANY, Case No.
3:22-cv-00166-AJB-MMP (S.D. Cal.), the Hon. Judge Anthony Battaglia
entered an order granting the Parties' joint motion to seal.
The Clerk of Court is instructed to file under seal the proposed
document currently sealed lodged with the Court.
Because the Plaintiff's motion for class certification is more than
tangentially related to the merits of the case, the compelling
reasons standard applies in determining whether to grant the motion
to seal.
The Parties seek permission to seal Exhibit 5, excerpts of the
Plaintiff's Underwriting File, which the Defendant has marked as
"CONFIDENTIAL." Despite the existence of the Protective Order, the
Court does not take it into consideration on the instant motion.
However, in the instant matter, the Parties have put forth facts
and arguments to persuade the Court of the need to seal Exhibit 5.
According to the Parties, Exhibit 5 "contains specific nonpublic
information associated with Defendant's underwriting of Plaintiff's
insurance, including reductions to Plaintiff's premium."
The Plaintiff asserts two claims against Defendant Allstate
Northbrook Indemnity Company:
(1) breach of contract under the implied covenant of good faith
and
fair dealing; and
(2) violation of California's Unfair Competition Law ("UCL")
under
its unfairness prong.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=PUcqc3 at no extra
charge.[CC]
AMAZON.COM: Parties Seek to Extend Class Cert. Bid Filing Deadline
------------------------------------------------------------------
In the class action lawsuit captioned as KAELI GARNER, et al., v.
AMAZON.COM, INC., a Delaware Corporation, and AMAZON.COM SERVICES
LLC, a Delaware Limited Liability Company, Case No.
2:21-cv-00750-RSL (W.D. Wash.), the Parties ask the Court to enter
an order modify class certification briefing deadlines as follows:
Event Current Proposed
Deadline Deadline
Last day to file motion for class April 19, 2024 June 18,
2024
certification (including expert
report in support of class
certification)
Last day to file opposition to June 26, 2024 Sept. 16,
2024
class certification (including
expert report in opposition to
class certification)
Last day to file reply in support July 26, 2024 Oct. 31,
2024
of class certification (including
reply class certification expert
report limited to any new subjects
introduced in opposition report)
Amazon.com is an American multinational technology company, engaged
in e-commerce, cloud computing, online advertising, digital
streaming, and artificial intelligence.
A copy of the Parties' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=Z4i7ZT at no extra
charge.[CC]
The Plaintiffs are represented by:
Bradley S. Keller, Esq.
BYRNES KELLER CROMWELL LLP
1000 Second Avenue
Seattle, WA 98104
Telephone: (206) 622-2000
Facsimile: (206) 622-2522
E-mail: bkeller@byrneskeller.com
- and -
Michael P. Canty, Esq.
Carol C. Villegas, Esq.
Guillaume Buell, Esq.
David Saldamando, Esq.
Danielle Izzo, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: mcanty@labaton.com
cvillegas@labaton.com
gbuell@labaton.com
dsaldamando@labaton.com
dizzo@labaton.com
- and -
Paul J. Geller, Esq.
Stuart A. Davidson, Esq.
Mark J. Dearman, Esq.
Alexander C. Cohen, Esq.
Nicolle B. Brito, Esq.
ROBBINS GELLER
RUDMAN & DOWD LLP
225 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
E-mail: pgeller@rgrdlaw.com
sdavidson@rgrdlaw.com
mdearman@rgrdlaw.com
acohen@rgrdlaw.com
nbrito@rgrdlaw.com
The Defendants are represented by:
Brian D. Buckley, Esq.
Y. Monica Chan, Esq.
Jedediah Wakefield, Esq.
Tyler G. Newby, Esq.
Armen N. Nercessian, Esq.
Garner F. Kropp, Esq.
Melissa Lawton, Esq.
Esther D. Galan, Esq.
Janie Yoo Miller, Esq.
FENWICK & WEST LLP
401 Union Street, 5th Floor
Seattle, WA 98101
Telephone: (206) 389-4510
Facsimile: (206) 389-4511
E-mail: bbuckley@fenwick.com
jwakefield@fenwick.com
tnewby@fenwick.com
anercessian@fenwick.com
gkropp@fenwick.com
mlawton@fenwick.com
jmiller@fenwick.com
egalan@fenwick.com
AMERICAN BANKERS: Seeks Denial of Dahl Class Certification Bid
---------------------------------------------------------------
In the class action lawsuit captioned as Brendan Dahl, individually
and on behalf of others similarly situated, v. American Bankers
Insurance Company of Florida, Case No. 3:23-cv-08584-DLR (D.
Ariz.), the Defendant asks the Court to enter an order to deny
class certification.
The Complaint frames the "seminal legal dispute" before the Court
as "whether future repair labor, yet to be incurred, may be
withheld by [ABIC] as 'depreciation' when [ABIC] calculates and
pays its actual cash value ('ACV') payment obligations for
structural property losses."
Believing the Court should answer that question in the negative,
Dahl hopes to represent a putative class of ABIC insureds who made:
(1) a structural damage claim for property located in the States
at
issue; and
(2) for which American Bankers Insurance Company of Florida
accepted coverage and then chose to calculate actual cash
value
exclusively pursuant to the replacement cost less
depreciation
methodology and not any other methodology, such as fair
market
value; and
(3) which resulted in an actual cash value payment during the
class
period from which non-material depreciation was withheld
from
the policyholder; or which would have resulted in an actual
cash value payment but for the withholding of non-material
depreciation causing the loss to drop below the applicable
deductible.
The nine "States at issue" are Arizona, California, Illinois,
Kentucky, Missouri, Mississippi, Ohio, Tennessee, and Washington.
The Complaint alleges that ABIC "entered into policies of insurance
with Plaintiff and members of the proposed class" and that "these
insurance policies govern the relationship between Defendant and
Plaintiff, and members of the proposed class."
American Bankers provides specialty credit-related insurance
products.
A copy of the Defendant's motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=fQqxS8 at no extra
charge.[CC]
The Plaintiff is represented by:
The Defendant is represented by:
Patricia Lee Refo, Esq.
Kourtney George, Esq.
SNELL & WILMER LLP
One East Washington Street, Suite 2700
Phoenix, AZ 85004
Telephone: (602) 382-6290
E-mail: prefo@swlaw.com
kegeorge@swlaw.com
- and -
Frank G. Burt, Esq.
Brian P. Perryman, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
1500 K Street, NW, Suite 1100
Washington, DC 20005
Telephone: (202) 842-8800
E-mail: frank.burt@faegredrinker.com
brian.perryman@faegredrinker.com
AMERICAN INCOME: Massari Seeks Unpaid Minimum, OT Wages
-------------------------------------------------------
VINCENT MASSARI, on behalf of himself and similarly situated
employees v. AMERICAN INCOME LIFE INSURANCE COMPANY, a wholly owned
subsidiary of GLOBAL LIFE, GLOBAL LIFE, VENA AGENCIES LLC, a
division of AMERICAN INCOME LIFE INSURANCE COMPANY, and TOMMY VENA,
individually and as CEO/OWNER of VENA AGENGIES LLC, Case No.
1:24-cv-02153 (N.D. Ill., March 14, 2024) accuses the Defendants of
violating the Fair Labor Standards Act of 1938, the Illinois
Minimum Wage Law, and the Illinois Wage Payment and Collection
Act.
The Plaintiff worked for Defendant American Income Life Insurance
Company (AILIC) from August 2018 through June 2023 as an insurance
producer, selling insurance for the company. Upon hire, Defendants
informed Plaintiff and other sales agents that they would be
classified as "independent contractors" paid on commission. They
were also required to attend training. The training lasts at least
several weeks with agents working more than eight hours per day,
and six or more days per week while training. Since agents do not
make sales while training, they do not receive any compensation for
it.
While Plaintiff and similarly situated employees are classified as
independent contractors, their relationship with Defendants
followed the normal path of an employee, not an independent
contractor. Yet, they are not paid minimum wage nor overtime pay
and are not provided with regular meal and rest breaks. The
Defendants allegedly knowingly and intentionally misclassified
agents as independent contractors when they are, in fact,
employees, says the Plaintiff.
The Plaintiff seeks back pay damages, including unpaid wages and
overtime, litigation costs, and any further relief available under
the FLSA and Illinois law.
Headquartered in Texas, AILIC is a life insurance company and a
wholly owned subsidiary of Global Life. [BN]
The Plaintiff is represented by:
Timothy M. Nolan, Esq.
NOLAN LAW OFFICE
53 W. Jackson Blvd., Suite 1137
Chicago, IL 60604
Telephone: (312) 322-1100
Facsimile: (310) 566-9886
E-mail: tnolan@nolanwagelaw.com
- and -
Kenneth J. Hardin II, Esq.
Rachel E. Lutz, Esq.
HARDIN THOMPSON, P.C.
The Frick Building
437 Grant Street, Suite 620
Pittsburgh, PA 15219
Telephone: (412) 315-7195
E-mail: rlutz@hardinlawpc.com
ANDY MEISNER: Sinclair Bid to Amend Complaint Granted in Part
-------------------------------------------------------------
In the class action lawsuit captioned as MARION SINCLAIR, v. ANDY
MEISNER, et al., Case No. 2:18-cv-14042-TGB-MJH (E.D. Mich.), the
Hon. Judge Terrence G. Berg entered an order granting in part and
denying in part the Plaintiff's motion to amend as follows:
-- Sinclair's third amended class-action complaint shall be
accepted
for filing, and Sinclair may proceed on Counts I through III.
-- Defendants' opposition to Sinclair's motion for leave to amend
the
complaint to add the civil conspiracy claim in Count IV is
sustained, and Count IV is dismissed.
-- The City of Southfield, Southfield Non-Profit Housing
Corporation,
Southfield Neighborhood Revitalization Initiative, Frederick
Zorn,
and Kenneth Siver are consequently TERMINATED as defendants in
this action.
Oakland County settled the claims in Bowles in 2022. The Honorable
Linda V. Parker—to whom the case was assigned—preliminarily
approved the settlement in Sept. 2022, and entered a final judgment
as to Oakland County in December 2022. The settling class was
defined as:
"All real property owners formerly owning real property within
the County of Oakland who had their real property foreclosed
for
non-payment of taxes pursuant to the Michigan General Property
Tax Act, MCL 211.78, et seq., which was sold at tax auction
for
more than the amount owed in unpaid taxes, interest, penalties
and fees and were not refunded the surplus amount. The period
at
issue is June 8, 2009 through July 17, 2020.
The judgment excluded "any former property owner who has filed
their own post-foreclosure civil lawsuit which has become final or
has
otherwise settled with Oakland County."
Marion Sinclair owned a home in Southfield, Michigan. After she
fell behind on her property taxes, the Oakland County Treasurer
initiated forfeiture and foreclosure proceedings against her under
Michigan's General Property Tax Act, MCL sections 211.1-211.157,
eventually taking absolute title to her home.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=SCyo5a at no extra
charge.[CC]
ANTHEM INC: Court Certifies Class of Health Benefit Plan Members
----------------------------------------------------------------
In the class action lawsuit captioned as MARISSA COLLINS, on her
own behalf, and on behalf of all others similarly situated, and
JAMES BURNETT, on behalf of his son, and on behalf of all others
similarly situated, and KARYN SANCHEZ, on behalf of her minor son
and all others similarly situated, v. ANTHEM, INC. and ANTHEM UM
SERVICES, INC., Case No. 2:20-cv-01969-SIL (E.D.N.Y.), the Hon.
Judge Steven Locke entered an order certifying the following class
under Rule 23(b)(2):
"Any member of a health benefit plan governed by Employee
Retirement Income Security Act ("ERISA"), the terms of
which
require that covered services must be provided in
accordance
with generally accepted standards of medical practice, (a)
whose request for coverage of residential treatment
services
for a behavioral health disorder was denied for lack of
medical necessity by Anthem UM Services, Inc. on or after
April 29, 2017; where (b) such denial was based on Anthem's
Clinical UM Guidelines or the MCG Guidelines for
Residential
Behavioral Health Level of Care; and (c) such denial was
not
reversed on administrative appeal."
This class is certified only as to the Plaintiffs' claims for a
retrospective injunction in the form of reprocessing, and for
declaratory relief, said the Court.
The Court also appoints the Plaintiffs' counsel as class counsel.
By way of Complaint filed on April 29, 2020, the Plaintiffs
commenced this action pursuant to the Employee Retirement Income
Security Act of 1974 (ERISA), alleging that:
(i) the Defendants breached their fiduciary duties as set forth
in
29 U.S.C. section 1104(a);
(ii) Anthem UM unreasonably denied requests for coverage for
residential behavioral health treatment services submitted
by
Plaintiffs and putative class members; and
(iii) Anthem UM violated the Paul Wellstone and Pete Domenici
Mental
Health Parity and Addiction Equity Act of 2008.
Anthem is an insurer that owns several subsidiaries and is an
independent licensee of the Blue Cross and Blue Shield Association
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=LW11FU at no extra
charge.[CC]
ANTHONY FASULO: $1.92MM Settlement in Palumbo Suit Gets Final Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as MARK PALUMBO, et al., on
behalf of themselves and all persons similarly situated, v. ANTHONY
FASULO, et al., Case No. 1:07-cv-00797-PKC-RML (E.D.N.Y.), the Hon.
Judge Pamela Chen entered an order granting final approval to the
proposed settlement, granting final class certification, approving
case contribution awards and releasing welfare claims.
-- The Court approves the total amount of the Settlement Fund
of $1,925,000 to fully resolve and satisfy the Welfare Claims,
to
be paid by Defendants in the manner and within the time
specified
in the Settlement Agreement.
-- The Plaintiffs Mark Palumbo, Rosario Prato, Mauricio Martinez
and
Joseph Ovile are awarded $1,500 each in order to reimburse them
for the time and expenses they incurred, including their time
spent on prosecuting the Action.
The Plaintiffs include ROSARIO PRATO, MAURICIO MARTINEZ, and JOSEPH
OVILE as participants and/or former participants of the Pavers and
Road Builders District Council Pension Fund, Welfare Fund,
Apprenticeship, Skill Improvement and Safety Fund and the United
Plant and Production Workers Local 175 Pension Fund, Welfare Fund,
and Apprenticeship, Skill Improvement and Safety Fund
The Defendants include ALBERT ALIMENA, DOMINICK AGOSTINO, JOHN
PETERS, ROBERT CHEVERIE, FRANCISCO FERNANDEZ, JAMES KILKENNEY,
PHILIP FAICCO, VINCENT MASINO, ANTHONY ROBIBERO and KEITH LOSCALZO
and/or their successors, in their capacity as present and former
Trustees of the Pavers and Road Builders District Council Pension
Fund, Welfare Fund, Apprenticeship, Skill Improvement and Safety
Fund and the PAVERS AND ROAD BUILDERS DISTRICT COUNCIL PENSION
FUND, WELFARE FUND, and APPRENTICESHIP, SKILL IMPROVEMENT AND
SAFETY FUND.
A copy of the Court's order dated March 20, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=TG2eaf at no extra
charge.[CC]
APPLE INC: Class Settlement in Shay Suit Gets Final Nod
-------------------------------------------------------
In the class action lawsuit captioned as RACHAEL SHAY, individually
and on behalf of all others similarly situated, V. APPLE INC., a
Delaware corporation; APPLE VALUE SERVICES, LLC, a Virginia limited
liability corporation; and DOES 1 through 10, inclusive, Case No.
3:20-cv-01629-JO-BLM (S.D. Cal.), the Hon. Judge Jinsook Ohta
entered an order:
-- granting the Plaintiffs motion for final approval of class
action
settlement and entry of judgment,
-- granting as modified Plaintiffs motion for award of attorneys'
fees, costs, and class representative service award, and
-- overruling the objection of Hassan Chaalan to proposed class
settlement.
The Court retains jurisdiction over the Parties, including Class
Members, for the purposes of construing, enforcing, and
administering the Order and Judgment, as well as the Settlement
itself.
The Court finds, pursuant to Rules 54(a) and (b) of the Federal
Rules of Civil Procedure, that final judgment of dismissal with
prejudice as to the Defendants should be entered forthwith and
further finds that there is no just reason for delay in the entry
of the Judgment, as final judgment, in accordance with the
Settlement.
The Clerk is directed to enter this Judgment pursuant to Federal
Rule
of Civil Procedure 58.
At the preliminary approval stage, the Court certified the
following Settlement Class under Federal Rule of Civil Procedure
23(c) for settlement purposes:
"Nationwide Class" shall mean all consumers who purchased an
Eligible Gift Card in the United States from March 2018 to
July
2020, whose Eligible Gift Card was subject to a redemption
attempt prior to activation, whose gift card was redeemed by
an
unknown third party prior to attempted redemption by the
consumer or intended user, and who did not receive a refund
or
replacement gift card from the Defendants or any third
party.
"California Subclass" shall mean all consumers who purchased
an
Eligible Gift Card in the State of California from May 2017
to
February 2018, whose gift card was subject to a redemption
attempt prior to activation, whose gift card was redeemed by
an
unknown third party prior to attempted redemption by the
consumer or intended user, and who did not receive a refund
or
replacement gift card from Defendants or any third party.
The Settlement Class excludes Defendants, their parents,
subsidiaries, affiliates, officers, directors, and employees; any
entity in
which Defendants have a controlling interest; and all judges
assigned to hear any aspect of this litigation, as well as their
staff and immediate family members.
The Plaintiff, on behalf of the conditionally certified Settlement
Class, moves for final approval of a non-reversionary common fund
settlement amount of $1,800,000, as well as for allocations toward
an award of attorneys' fees and costs to Class Counsel, approval of
class administration fees, and a class representative service award
to her in this action, initiated May 28, 2020.
The Plaintiff asserted the following claims: (1) violations of the
consumers legal remedies act; (2) violations of the unfair
competition law; (3) negligent misrepresentation; and ( 4) implied
warrant of
merchantability.
Apple designs, develops, and sells consumer electronics, computer
software, and online services.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=D0Trba at no extra
charge.[CC]
ARIZONA BEVERAGES: Parties Seek Class Cert Filing Extension
-----------------------------------------------------------
In the class action lawsuit captioned as Infinque Jamison, v.
Arizona Beverages USA LLC and Hornell Brewing Co., Inc., Case No.
3:23-cv-00920-RFL (N.D. Cal.), the Parties ask the Court to enter
an order compelling the Plaintiff to appear for deposition by a
date certain and extending deadline for class certification
briefing:
Event New Deadline
Class certification motion and Plaintiff's May 15, 2024
Class certification expert disclosures due:
Defendant's opposition to class certification July 15, 2024
and expert disclosures opposing class
certification due:
Plaintiff's reply in support of class Aug. 15, 2024
Certification due:
Hearing on class certification motion: Sept. 10, 2024
Last Date to complete ADR Oct. 1, 2024
Arizona Beverages is a producer of many flavors of iced tea, juice
cocktails, and energy drinks.
A copy of the Parties' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=WGw8CQ at no extra
charge.[CC]
The Plaintiff is represented by:
J. Ryan Gustafson, Esq.
GOOD GUSTAFSON AUMAIS LLP
2330 Westwood Boulevard, No. 103
Los Angeles, CA 90064
Telephone: (310) 274-4663
E-mail: jrg@ggallp.com
- and -
Steffan Keeton, Esq.
THE KEETON FIRM LLC
100 South Commons, Suite 102
Pittsburgh, PA 15212
Telephone: (888) 412-5291
E-mail: STKeeton@Keetonfirm.com
The Defendants are represented by:
Robert P. Donovan, Esq.
STEVENS & LEE
669 River Drive, Suite 201
Elmwood Park, NJ 07407
Telephone: (201) 857-6778
Facsimile: (610) 371-7938
E-mail: Robert.donovan@stevenslee.com
- and -
Kirby Hsu, Esq.
WILLENKEN LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
Telephone: (213) 955-9240
Facsimile: (216) 955-9450
E-mail: khsu@willenken.com
ASR GROUP: Fowler and Benmeleh Sue Over Price-Fixing of Sugar
-------------------------------------------------------------
LINDA FOWLER and ISABELLA BENMELEH, on behalf of themselves and all
others similarly situated, Plaintiffs v. ASR GROUP INTERNATIONAL,
INC.; AMERICAN SUGAR REFINING, INC.; DOMINO FOODS, INC.; UNITED
SUGAR PRODUCERS & REFINERS COOPERATIVE f/k/a UNITED SUGARS
CORPORATION; MICHIGAN SUGAR COMPANY; COMMODITY INFORMATION, INC.;
and RICHARD WISTISEN, Defendants, Case No. 1:24-cv-01972 (S.D.N.Y.,
March 15, 2024) accuses the Defendants of violating the Sherman
Antitrust Act, the Clayton Act, and state antitrust and state
consumer protection law in connection with the Defendants' alleged
price-fixing conspiracy on granulated sugar.
The Defendants are able to fix the price of granulated sugar in the
relevant market through the exchange non-public information
regarding granulated sugar prices, capacity, sales, volume, supply
and demand. As a result of Defendants' unlawful conduct, indirect
purchasers of granulated sugar in the United States and its
territories, including Plaintiffs and the Class members, paid
supracompetitive prices for granulated sugar sold by the producers
in the United States and its territories beginning no later than
January 1, 2019, says the suit.
ASR Group International, Inc. is a privately held Florida
corporation and global producer of Granulated Sugar based in West
Palm Beach, FL. It claims to be the world's largest refiner and
marketer of cane sugar. [BN]
The Plaintiffs are represented by:
Israel David, Esq.
Blake Hunter Yagman, Esq.
ISRAEL DAVID LLC
17 State Street, Suite 4010
New York, NY 10004
Telephone: (212) 739-0622
E-mail: israel.david@davidllc.com
blake.yagman@davidllc.com
ASR GROUP: KPH Seeks Damages for Antitrust Violations
-----------------------------------------------------
KPH HEALTHCARE SERVICES, INC., individually and on behalf of all
others similarly situated v. ASR GROUP INTERNATIONAL, INC.,
AMERICAN SUGAR REFINING, INC., DOMINO FOODS, INC., UNITED SUGAR
PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION,
MICHIGAN SUGAR COMPANY, COMMODITY INFORMATION, INC., and RICHARD
WISTISEN, Case No. 1:24-cv-01941 (S.D.N.Y., March 14, 2024) accuses
the Defendants of violating the Sherman Antitrust Act.
The Plaintiff brings this action over Defendants' unlawful
agreement to fix prices for Granulated Sugar in the United States.
Beginning at least as early as January 1, 2019, Defendants and
their co-conspirators allegedly conspired to artificially inflate
the price of Granulated Sugar in the country. They did that by
knowingly sharing competitively sensitive, non-public information
with each other.
As a result, direct purchasers of Granulated Sugar in the United
States and its territories, including Plaintiff and Class members,
paid supra-competitive prices for the product beginning January 1,
2019 up to the present. The Defendants' price-fixing agreement
violates the Sherman Antitrust Act, says the suit.
ASR Group is a global producer and seller of Granulated Sugar based
in West Palm Beach, FL. [BN]
The Plaintiff is represented by:
Scott Martin, Esq.
HAUSFELD LLP
33 Whitehall Street
New York, NY 10004
Telephone: (646) 357-1100
Facsimile: (212) 202-4322
- and -
Michael Hausfeld, Esq.
HAUSFELD LLP
888 16th St. N.W.
Suite 300
Washington, D.C. 20006
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
- and -
Michael Lehmann, Esq
HAUSFELD LLP
600 Montgomery St.
Suite 3200
San Francisco, CA 94111
Telephone: (415) 633-1908
Facsimile: (415) 633-4980
- and -
Michael L. Roberts, Esq
Erich P. Schork, Esq.
Sarah E. DeLoach, Esq.
ROBERTS LAW FIRM US, PC
1920 McKinney Ave, Suite 700
Dallas, TX 75201
Telephone: (501) 821-5575
Facsimile: (501) 821-4474
E-mail: mikeroberts@robertslawfirm.us
erichschork@robertslawfirm.us
sarahdeloach@robertslawfirm.us
- and -
Joseph C. Kohn, Esq.
William E. Hoese, Esq.
Douglas A. Abrahams, Esq.
KOHN, SWIFT & GRAF, P.C.
1600 Market Street, Suite 2500
Philadelphia, PA 19103
Telephone: (215) 238-1700
E-mail: jkohn@kohnswift.com
whoese@kohnswift.com
dabrahams@kohnswift.com
BMW FINANCIAL: ORG Holdings Files Suit in Ohio Ct. of Common Pleas
------------------------------------------------------------------
A class action lawsuit has been filed against BMW Financial
Services NA, LLC. The case is styled as ORG Holdings LTD., ON
behalf of itself and all others similarly situated v. BMW Financial
Services NA, LLC, Case No. CV-24-994599 (Ohio Ct. of Common Pleas,
Cuyahoga Cty., March 19, 2024).
The case type is stated as "Miscellaneous - Other."
BMW Financial Services NA, LLC --
https://www.bmwusa.com/financial-services.html -- provides
financial services. The Company offers leasing, retail, and
wholesale financing services, as well as offers credit card
solutions.[BN]
The Plaintiff is represented by:
Frank A. Bartela, Esq.
60 SOUTH PARK PLACE
Painesville, OH 44077-0000
Phone: 440-352-3391
- and -
James A. Deroche, Esq.
2900 Detroit Avenue Van Roy Building, Floor 2
Cleveland, OH 44113
Phone: 216-696-9330
CAIRE INC: Brennan Files Suit in N.D. Georgia
---------------------------------------------
A class action lawsuit has been filed against Caire Inc. The case
is styled as John Brennan, on behalf of himself and all others
similarly situated v. Caire Inc., Case No. 1:24-cv-01169-SDG (N.D.
Ga., March 19, 2024).
The nature of suit is stated as Other Contract for Breach of
Fiduciary Duty.
CAIRE Inc. -- https://www.caireinc.com/ -- is a leading global
oxygen supply manufacturer offering stationary & portable
concentrators liquid oxygen & industrial oxygen products.[BN]
The Plaintiff is represented by:
Matthew R. Wilson, Esq.
MEYER WILSON CO., LPA
1320 Dublin Road, Suite 100
Columbus, OH 43215
Phone: (614) 224-6000
Fax: (614) 224-6066
Email: mwilson@meyerwilson.com
- and -
Raina C Borrelli, Esq.
Samuel J. Strauss, Esq.
TURKE & STRAUSS, LLP -WI
613 Williamson Street, Suite 201
Madison, WI 53703
Phone: (608) 237-1775
Fax: (608) 509-4423
Email: raina@turkestrauss.com
sam@turkestrauss.com
CALIFORNIA AMMONIA: Mesquita Suit Removed to E.D. California
------------------------------------------------------------
The case captioned as Alex Mesquita, individually and on behalf of
all similarly situated individuals v. CALIFORNIA AMMONIA CO. d/b/a
CALAMCO, a California corporation; DANIEL STONE, an individual; and
DOES 1-10, inclusive, Case No. STK-CV-UOE-2024-1136 was removed
from the Superior Court of the State of California, in and for the
County of San Joaquin, to the United States District Court for the
Eastern District of California on March 22, 2024, and assigned Case
No. 2:24-cv-00913-JDP.
The Plaintiff filed his wage and hour class action against CALAMCO,
Daniel Stone, and Does One through 10 on January 30, 2024. In his
Complaint, Plaintiff alleges among other things, that CALAMCO and
Daniel Stone (collectively, "CALAMCO") violated the California
Labor Code by failing to provide requisite minimum wages, failing
to pay requisite overtime pay, failing to provide requisite meal
periods, failing to provide requisite rest periods, failure to
provide accurate wage statements, failure to provide wages when
due, failing to reimburse Plaintiff for various business-related
expenses, and unlawful business practices.[BN]
The Defendants are represented by:
Cassandra M. Ferrannini, Esq.
Wilfred Gual, Esq.
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Phone: 916.444.1000
Facsimile: 916.444.2100
Email: cferrannini@downeybrand.com
wgual@downeybrand.com
CAMELIA BEAUTY: Morgan Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Camelia Beauty, LLC.
The case is styled as Paradise Morgan, individually and as the
representative of a class of similarly situated persons v. Camelia
Beauty, LLC doing business as: Le Mini Macaron, Case No.
1:24-cv-02033 (S.D.N.Y., March 19, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Camelia Beauty -- https://www.cameliabeauty.com/ -- is a beauty
company focused on nails,. makeup and skincare.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
CANADA DRY: Wins Partial Summary Judgment vs Escalet
----------------------------------------------------
In the class action lawsuit captioned as HECTOR ESCALET, ON BEHALF
OF ALL OTHERS SIMILARLY SITUATED, v. CANADA DRY POTOMAC CORP. Case
No. 2:23-cv-00329-MMB (E.D. Pa.), the Hon. Judge Baylson entered a
memorandum granting Defendant's motion for partial summary judgment
and denying Plaintiff's cross-motion for partial summary judgment.
An appropriate order follows, the Court says.
In light of this, it cannot be disputed that the 2022 amendment,
which mirrors and directly cites the Fair Labor Standards Act
(FLSA), bars Plaintiff's claims that the regular rate is calculated
as one-fortieth of the employee's weekly pay and that he is
entitled to 150% more pay.
The case before this Court involves claims brought under the
Virginia Overtime Wage Act ("VOWA"). The Plaintiff Hector Escalet
and class members claim that the Defendant systematically
miscalculated and underpaid overtime premiums due to Plaintiff and
other similarly situated non-exempt, day-rate employees in
violation of VOWA for the period between July 1, 2021 and June 30,
2022.
The parties stipulated to Plaintiff's unopposed motion seeking Rule
23 class certification of Plaintiff's VOWA Miscalculated Overtime
Claim to include the Plaintiff and the below employee group:
All current and former non-exempt, day-rate employees,
regardless of actual title, who worked for the Defendant
within
the Commonwealth of Virginia between July 1, 2021 and
June 30, 2022 and, during that time, were paid overtime
premiums
at a rate less than one and one-half times their regular rate
of
pay, calculated as one-fortieth (1/40th) of all wages paid
for
the workweek.
Escalet is employed by the Defendant as a Merchandiser.
Canada Dry manufactures soft drinks and carbonated waters.
A copy of the Court's memorandum dated March 18, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=HKTW4B at no extra
charge.[CC]
CENTRAL GARDEN: Seeks More Time to Oppose Brand Class Cert Bid
---------------------------------------------------------------
In the class action lawsuit captioned as AARON BRAND and JOHN
FLODIN, individually and on behalf of all others similarly
situated, v. CENTRAL GARDEN & PET COMPANY, a Delaware Corporation,
BREEDER'S CHOICE PET FOODS, INC., and Does 1-50, inclusive, Case
No. 4:21-cv-01631-JST (N.D. Cal.), the Defendants ask the Court to
enter an order granting an extension of 60 days to file an
opposition to the Plaintiffs' motion for class certification,
making the opposition due July 16, 2024.
The Defendants notified the Plaintiffs on March 18, 2024, of their
request for a stipulation of an extension, which the Plaintiffs
rejected on March 19, 2024.
Currently, the Defendants have until May 17, 2024, to respond to
the Plaintiffs' motion. Granting this motion would make the
Defendants Opposition due July 16, 2024, and a new date would need
to be set
for the Plaintiffs' reply and the hearing on the motion for Class
Certification. No other modifications to the schedule would be
necessary, said the Court.
Central Garden is a marketer and producer of quality branded
products for the lawn & garden and pet supplies markets.
A copy of the Defendants' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=eGXyqj at no extra
charge.[CC]
The Defendants are represented by:
Ronald Y. Rothstein, Esq.
Sean Suber, Esq.
Shawn Obi, Esq.
WINSTON & STRAWN LLP
35 West Wacker Drive
Chicago, IL 60601-9703
Telephone: (312) 558-5600
Facsimile: (312) 558-5700
E-mail: RRothste@winston.com
SSuber@winston.com
SObi@winston.com
CENTRAL WATERS: Hansen and Smith Sue Over Unlawful Tip Pooling
--------------------------------------------------------------
ANGELA HANSEN and BRENDON SMITH, each individually and on behalf of
all those similarly situated, Plaintiffs v. CENTRAL WATERS BREWING
CO., INC., Defendant, Case No. 2:24-cv-00327-LA (E.D. Wis., March
15, 2024) arises from the Defendant's unlawful tip pool practices
that violated the Fair Labor Standards Act.
The Plaintiffs allege that Defendant operated a mandatory tip pool
and allowed managers and supervisors to keep a portion of
employees' tips. They assert that Defendant disciplined them,
reassigned their work, and terminated their employment because they
filed complaints about Defendant's unlawful tip pool practices.
Central Waters Brewers Co. is a brewer and operates a taproom in
Milwaukee, WI. [BN]
The Plaintiffs are represented by:
Larry A. Johnson, Esq.
Connor J. Clegg, Esq.
HAWKS QUINDEL, S.C.
5150 North Port Washington Road Suite 243
Milwaukee, WI 53217
Telephone: (414) 271-8650
Facsimile: (414) 207-6079
E-mail: ljohnson@hq-law.com
cclegg@hq-law.com
CHANGE HEALTHCARE: Lemke et al. Seek Damages for Data Breach
------------------------------------------------------------
SARA LEMKE and REVIVAL THERAPY, P.C., individually and on behalf of
all others similarly situated v. CHANGE HEALTHCARE INC.,
UNITEDHEALTH GROUP INC., UNITEDHEALTHCARE INC., and OPTUM, INC.,
Case No. 3:24-cv-00302 (M.D. Tenn., March 14, 2024) accuses the
Defendants of failing to properly secure and safeguard clients'
personal information, resulting in a data breach.
Plaintiff Sara Lemke is a licensed therapist who owns and operates
Revival Therapy, P.C. Plaintiff and her business are among those
impacted by a massive data breach caused by a ransomware attack
that hit Change Healthcare's information technology systems on
February 21, 2024. Plaintiffs' and Class members' personally
identifiable information (PII) were compromised in the data breach
and their access to Defendants' networks and transactional services
had also been disrupted. The Plaintiffs allege that the data breach
came as a result of Defendants' failure to adequately protect their
systems and prepare for known and foreseeable cyberattacks.
The Plaintiffs and class members seek damages and injunctive relief
for the injuries they sustained as a result of the data breach.
They accuse Defendants of, among others, negligence, breach of
implied contract, and violations of Illinois Consumer Fraud and
Deceptive Business Practices Act.
Change Healthcare provides claims management for healthcare
providers like hospitals, pharmacies, and physicians. It is
headquartered in Nashville, TN. [BN]
The Plaintiffs are represented by:
Brent S. Snyder, Esq.
DANNLAW
2125 Middlebrook Pike
Knoxville, TN 37921
Telephone: (865) 264-3328
Facsimile: (865) 546-2777
E-mail: notices@dannlaw.com
- and -
Brian D Flick, Esq.
DANNLAW
15000 Madison Avenue
Lakewood, OH 44107
Telephone: (216) 373-0539
Facsimile: (216) 373-0536
E-mail: notices@dannlaw.com
- and -
Thomas A. Zimmerman, Jr., Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Telephone: (312) 440-0020
Facsimile: (312) 440-4180
E-mail: firm@attorneyzim.com
CONTINENTAL AKTIENGESELLSCHAFT: Williams Alleges Tire Price-Fixing
------------------------------------------------------------------
KENNETH WILLIAMS, on behalf of himself and all others similarly
situated, Plaintiffs v. CONTINENTAL AKTIENGESELLSCHAFT; CONTINENTAL
TIRE THE AMERICAS, LLC; COMPAGNIE GENERALE DES ESTABLISSEMENTS
MICHELIN SCA; COMPAGNIE FINANCIERE MICHELIN SA; MICHELIN NORTH
AMERICA, INC.; NOKIAN TYRES PLC; NOKIAN TYRES INC.; NOKIAN TYRES
U.S. OPERATIONS LLC; THE GOODYEAR TIRE & RUBBER COMPANY; PIRELLI &
C. S.P.A.; PIRELLI TIRE LLC; BRIDGESTONE CORPORATION; BRIDGESTONE
AMERICAS, INC.; AND DOE COMPANIES 1-100, Defendants, Case No.
2:24-cv-10632-TGB-KGA (E.D. Mich., March 12, 2024) arises from the
Defendants' alleged violation of the Section 1 of the Sherman
Antitrust Act.
According to the complaint, the Defendants are the largest tire
companies in the world, dominating a global market valued at $180
billion in 2021. Beginning in at least 2020 and carrying on through
the present, the Defendants entered into a conspiracy to fix,
maintain, and raise the price of tires being sold to purchasers to
supracompetitive levels. The Defendants engaged in this concerted
scheme through a variety of mechanisms including creating
artificial supply shortages, data sharing, and signaling price
increases via public statements and meetings for industry members.
The result was that Defendants overcharged direct purchasers such
as Plaintiff by inflating prices, says the suit.
As a result of Defendants' unlawful conduct, Plaintiff and the
Class paid artificially inflated prices for tires during the Class
Period. Such prices exceeded the amount they would have paid if the
price for Tires had been determined by a competitive market.
The Plaintiff is a member of a class of entities that purchased
tires directly from the Defendants.
Continental Aktiengesellschaft is a German multinational automotive
parts manufacturing company.[BN]
The Plaintiff is represented by:
E. Powell Miller, Esq.
Dennis A. Lienhardt, Esq.
THE MILLER LAW FIRM, P.C.
950 W. University Dr., Suite 300
Rochester, MI 48307
Telephone: (248) 841-2200
E-mail: epm@millerlawpc.com
dal@millerlawpc.com
- and -
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
Michelle J. Looby, Esq.
Frances Mahoney-Mosedale, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 So. Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
mlooby@gustafsongluek.com
fmahoneymosedale@gustafsongluek.com
- and -
Dianne M. Nast, Esq.
Daniel N. Gallucci, Esq.
Michael S. Tarringer, Esq.
NASTLAW LLC
1101 Market Street Suite 2801
Philadelphia, PA 19107
Telephone: (215) 923-9300
Facsimile: (215) 923-9302
E-mail: dnast@nastlaw.com
dgallucci@nastlaw.com
mtarringer@nastlaw.com
CR ENGLAND: Class Action Settlement in Vansickle Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit captioned as Vansickle v. C.R. England
(C.R. ENGLAND, INC. DATA BREACH LITIGATION), Case No.
2:22-cv-00374-DAK (D. Utah), the Hon. Judge Dale Kimball entered an
order:
-- granting Plaintiffs' unopposed motion for final approval of
class
action settlement and Plaintiffs' motion and application for
attorneys' fees, expenses, and service awards to Class
Representatives, and
denying Plaintiff Bohler's objection to motion and application
for
attorneys' fees, expenses, and service awards to Class
Representatives.
The court grants the Plaintiffs' Motions. Therefore, it is
ordered:
1. The Court, for the purposes of this Final Judgment, adopts
the
defined terms as set forth in the Settlement Agreement for
any
term not otherwise defined herein.
2. The Court finds that the Settlement Agreement is fair,
reasonable, and adequate, as expressed further herein. The
Court
also finds the Settlement Agreement was entered into in good
faith, at arm's length and without collusion. The Court
approves
and directs consummation of the Settlement Agreement.
3. The Court dismisses with prejudice all claims of the Class
against the Defendant in the litigation, without costs and
fees
except as explicitly provided for in the Settlement
Agreement.
4. The Court grants Plaintiffs' motion and application for
Attorneys' fees, expenses, and service awards to Class
Representatives. The Court awards Class Counsel $466,200.00
in
Attorneys' fees and reimbursement of expenses of $11,540.93
to
be paid according to the terms of the Settlement Agreement.
This
amount of fees and reimbursement is fair and reasonable. The
Court awards the Class Representatives, James Van Sickle,
Bruce
Bischoff, James Boss, and Albert Singletary, $5,000.00 each
to
be paid according to the terms of the Settlement Agreement.
CR England is a family-owned and operated trucking company.
A copy of the Court's memorandum, decision and order dated March
18, 2024 is available from PacerMonitor.com at
https://urlcurt.com/u?l=rhizm9 at no extra charge.[CC]
CRANE USA: Website Inaccessible to Blind Users, Miller Suit Claims
------------------------------------------------------------------
KIMBERLY MILLER, ON BEHALF OF HERSELF AND ALL OTHER PERSONS
SIMILARLY SITUATED, Plaintiffs v. CRANE USA INC., Defendant, Case
No. 1:24-cv-00226-JLS (W.D.N.Y., March 15, 2024) arises from the
Defendant's failure to design, construct, maintain, and operate its
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired people in violation
of the Americans with Disabilities Act and the New York State Human
Rights Law.
The Plaintiff visited the Defendant's Website in order to purchase
the Cool Mist Collapsible Humidifier. The Plaintiff attempted to
purchase the Cool Mist Collapsible Humidifier but was unable to
locate pricing and was not able to add the item and/or items to the
cart due to barriers on Defendant's Website which prevented her
from doing so.
Crane USA Inc., operates the Crane online retail store across the
United States. Its website, https://crane-usa.com, sells
humidifiers, air purifiers, and other air quality products and
other products available online. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@gottlieb.legal
Dana@Gottlieb.legal
CREATIVE FOAM: Turner Sues Over Failure to Pay Proper Overtime
--------------------------------------------------------------
KAVEL TURNER, individually and on behalf of all others similarly
situated, Plaintiff v. CREATIVE FOAM CORPORATION, a Michigan
corporation, Defendant, Case No. 2:24-cv-10629-MAG-DRG (E.D. Mich.,
March 12, 2024) is a class action against the Defendant seeking to
recover Plaintiff's unpaid overtime compensation, liquidated
damages, attorney's fees, costs, and other relief as appropriate
under the Fair Labor Standards Act.
The complaint alleges that Defendant had a policy and practice of
willfully refusing to pay Plaintiff and all putative collective
members the legally required amount of overtime compensation for
all hours worked in excess of 40 hours per workweek, in violation
of the FLSA.
The Plaintiff was employed with Defendant from approximately
September 7, 2021 through approximately October 23, 2023 as a
non-exempt operator.
Creative Foam Corporation is a manufacturer and supplier of
engineered die cut, formed foam, nonwoven and multi-material
component solutions to the transportation and healthcare
markets.[BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
D2C LLC: Discloses Consumers' Personal Info, Villalobos Claims
--------------------------------------------------------------
DINORATH VILLALOBOS and EZEQUIEL PALOMINO, individually and on
behalf of all others similarly situated, Plaintiffs v. D2C, LLC,
d.b.a. UNIVISION, Defendant, Case No. 5:24-cv-01517 (N.D. Cal.,
March 12, 2024) is a class action suit brought against Defendant
D2C, LLC for violating the Video Privacy Protection Act and
California Civil Code by collecting and sharing highly-specific and
sensitive information about Plaintiff and similarly situated
consumers' video consumption habits without their consent.
The Defendant owns and operates a video streaming service platform
called Univision NOW which is accessed through the website
univisionnow.com or through the mobile application called Univision
NOW. Univision NOW specializes in providing various prerecorded
shows and movies in America's second-most spoken language, Spanish.
Unfortunately for consumers, Defendant secretly discloses the
titles and URLs of the videos they consume on this platform, along
with consumers' email addresses, to Endeavor Streaming, LLC, an
unrelated third party, in yet another commonly used language,
Hacker Pig Latin, says the suit.
The Defendant violated the VPPA and Cal. Civ. Code by knowingly
disclosing personally identifiable information of Plaintiffs and
Class Members' -- including the specific videos they requested and
obtained, and their email addresses -- to unrelated third parties
without their consent, the suit asserts.
The Plaintiff has been a subscriber of the Univision NOW streaming
service since March of 2020 and uses the service via the
application.
D2C, LLC owns and operates a video streaming service platform
called Univision NOW which is accessed through the website
univisionnow.com or through the mobile application called Univision
NOW. Univision NOW specializes in providing various prerecorded
shows and movies in America's second-most spoken language,
Spanish.[BN]
The Plaintiffs are represented by:
Neal J. Deckant, Esq.
Stefan Bogdanovich, Esq.
Ines Diaz Villafana, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
sbogdanovich@bursor.com
idiaz@bursor.com
DAVENPORT TRANSPORTATION: Whitener Sues Over Drivers' Unpaid OT
---------------------------------------------------------------
JON P. WHITENER, individually, and on behalf of himself and other
similarly situated current and former employees, Plaintiff v.
DAVENPORT TRANSPORTATION, INC., Defendant, Case No. 1:24-cv-00114
(E.D. Tenn., March 12, 2024) seeks to recover unpaid overtime
compensation and other damages owed to Plaintiff and other
similarly situated current and former drivers of Defendant under
the Fair Labor Standards Act.
The Plaintiff and those similarly situated performed work for
Defendant as truck drivers within state lines during quarterly
intervals and worked in excess of 40 within weekly pay periods
without being paid for such overtime hours at one and one-half
times their hourly rates of pay.
Davenport Transportation, Inc. owns and operates a fleet of trucks
that primarily transport mail for the United States Postal
Service.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
Joshua Autry, Esq.
J. Joseph Leatherwood IV, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
jautry@jsyc.com
jleatherwood@jsyc.com
DELINEA INC: Koeller Sues Over Unlawful Telemarketing Calls
-----------------------------------------------------------
EDWARD J. KOELLER, individually and on behalf of all others
similarly situated v. DELINEA INC., Case No. 4:24-cv-00394 (E.D.
Mo., March 14, 2024) accuses the Defendant of violating the
Telephone Consumer Protection Act of 1991 and the Missouri
Telemarketing No-Call List Law.
The Plaintiff alleges that he received multiple telephone
solicitation calls from Defendant in a 12-month period, despite
Plaintiff's registration of his telephone number on the National Do
Not Call Registry and the Missouri No-Call List. Initiating any
telephone solicitation to a residential or telephone subscriber who
has registered his or her number on the National Do Not Call
Registry is prohibited under the TCPA. Similarly, it is a violation
of the Missouri Telemarketing No-Call List to make any telephone
solicitation to any residential subscriber in the state who has
placed his or her phone number on the state's No-Call List, says
the Plaintiff.
The Plaintiff seeks damages and injunctive relief for Defendant's
alleged violations.
Based in California, Delinea is a provider of privileged access
management solutions for the modern, hybrid enterprise. [BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 485-0018
Facsimile: (508) 318-8100
E-mail: anthony@paronichlaw.com
EASTERN RADIOLOGISTS: Faces Lynch Suit Over Alleged Data Breach
---------------------------------------------------------------
Heisha Lynch, and J.L., a minor by and through their legal guardian
Heisha Lynch, individually, and on behalf of all others similarly
situated v. Eastern Radiologists, Inc, Case No. 4:24-cv-00041-FL
(E.D.N.C., March 14, 2024) accuses the Defendant of failing to
adequately protect patients' private information resulting in a
data breach.
This action arises from a data security incident experienced by
Defendant from November 20 to 23, 2023 in which personal and
medical information belonging to Plaintiffs and Class members were
compromised. Plaintiffs, who are patients at Defendant, allege that
the data breach and the successful exfiltration of Plaintiffs' and
Class members' private information were the direct, proximate, and
foreseeable results of multiple failings on the part of Defendant.
In particular, the Defendant failed to implement reasonable
security protections to safeguard its information systems and
databases.
The Plaintiffs seek damages for negligence, negligence per se,
breach of implied contract, unjust enrichment, and invasion of
privacy.
Based in Greenville, NC, Eastern Radiologists, Inc is a healthcare
practice that provides diagnostic imaging services. [BN]
The Plaintiffs are represented by:
F. Hill Allen, Esq.
THARRINGTON SMITH, LLP
P.O. Box 1151
Raleigh, NC 27602
Telephone: (919) 821-4711
Facsimile: (919) 829-1583
E-mail: hallen@tharringtonsmith.com
- and -
Bryan L. Clobes, Esq.
Daniel O. Herrera, Esq.
Nickolas J. Hagman, Esq.
Mohammed A. Rathur, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
135 S. LaSalle, Suite 3210
Chicago, IL 60603
Telephone: (312) 782-4880
Facsimile: (312) 782-4485
E-mail: bclobes@caffertyclobes.com
dherrera@caffertyclobes.com
nhagman@caffertyclobes.com
mrathur@caffertyclobes.com
EDDIE BAUER: Court Requires Updated Joint Status Report in Clark
----------------------------------------------------------------
In the class action lawsuit captioned as SUSAN CLARK, for herself
and/or on behalf of all others similarly situated, v. EDDIE BAUER
LLC, et al., Case No. 2:20-cv-01106-RAJ (W.D. Wash.), the Hon.
Judge Richard Jones entered an order requiring updated joint status
report.
On March 14, 2024, the Ninth Circuit Court of Appeals issued its
Mandate effectuating its Memorandum Opinion affirming in part and
reversing in part the Court's grant of the Defendants' motion to
dismiss, and remanding this matter for further proceedings.
Counsel are directed to confer and provide the Court with a
combined joint status report by March 27, 2024, setting forth the
parties' proposed briefing schedule on class certification.
The Plaintiff's counsel will be responsible for starting the
communications needed to comply with this Order. If the parties are
unable to agree on any part of the joint status report, they may
answer in separate paragraphs. No separate reports are to be
filed.
If settlement is achieved, counsel shall immediately notify
Victoria Ericksen, Courtroom Deputy, at
victoria_ericksen@wawd.uscourts.gov.
Eddie Bauer is an American clothing store chain.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=0RMfAd at no extra
charge.[CC]
EGGLAND'S BEST: Faces Roye Consumer Protection Suit
---------------------------------------------------
CHANYA ROYE, on behalf of herself and all others similarly situated
v. EGGLAND'S BEST, INC. and EGGLAND’S BEST, LLC, Case No.
2:24-cv-02083 (C.D. Cal., March 14, 2024) seeks equitable relief
and damages over Defendants' alleged violations of the California
Legal Remedies Act, the California False Advertising Law, and the
California Unfair Competition Law.
The Plaintiff alleges that Defendants have engaged in false and
deceptive marketing by claiming that their shell egg products
contain "25% Less Saturated Fat Than Regular Eggs". However, recent
independent laboratory testing of Defendants' eggs found that they
actually contain more saturated fat than other eggs. The
Defendants' on-label representation is misleading to consumers and
those who purchased the products in question, including Plaintiff
and class members, suffered injury as a result, says the suit.
Headquartered in Pennsylvania, Eggland's Best, Inc. is engaged in
the processing, marketing, and distribution of shell eggs to
consumers throughout California and the United States. [BN]
The Plaintiff is represented by:
P. Renee Wicklund, Esq.
RICHMAN LAW AND POLICY
535 Mission Street, 14th Floor
San Francisco, CA 94105
Telephone: (914) 693-2018
E-mail: rwicklund@richmanlawpolicy.com
EGGLAND'S BEST: Vilchis Sues Over Mislabeled Shell Egg Products
---------------------------------------------------------------
RICHARD VILCHIS, on behalf of himself and all others similarly
situated, Plaintiff v. EGGLAND'S BEST, INC. and EGGLAND'S BEST,
LLC, Defendants, Case No. 1:24-cv-02073 (N.D. Ill., March 12, 2024)
seeks equitable relief and damages against Defendants pursuant to
the Illinois Consumer Fraud and Deceptive Business Practices Act
and the Illinois Uniform Deceptive Trade Practices Act due to the
false and deceptive marketing and sale of their shell egg products
labeled with the claim "25% Less Saturated Fat than Regular Eggs."
According to the complaint, Eggland's Best's eggs do not have the
nutritional qualities that the label asserts, and instead,
laboratory testing has revealed that Eggland's Best's eggs contain
higher levels of saturated fat than non-Eggland's Best-branded
"Regular Eggs." By deceiving Plaintiff and similarly situated
consumers about the nature of the products, Eggland's Best is able
to sell a greater volume of the products, charge higher prices for
the products, and take away market share from competing brands,
thereby increasing its own sales and profits, says the suit.
Eggland's Best, Inc. is the second largest egg producer in the
United States.[BN]
The Plaintiff is represented by:
P. Renee Wicklund, Esq.
RICHMAN LAW & POLICY
1 Bridge Street, Suite 83
Irvington, NY 10533
Telephone: (914) 693-2018
E-mail: rwicklund@richmanlawpolicy.com
ELEGANTE SERVICESS: Martinez Sues Over Unpaid Overtime Wages
------------------------------------------------------------
Jordan Martinez, on behalf of himself and all other persons
similarly situated v. ELEGANTE SERVICESS INC., JOSE VILORIA and
ANGELA A. PRATTS, Case No. 1:24-cv-02058 (S.D.N.Y., March 19,
2024), is brought to recover unpaid regular wages, unpaid overtime
wages pursuant to the Fair Labor Standards Act ("FLSA") and under
the New York Labor Law and the supporting New York State Department
of Labor Regulations ("NYLL").
Throughout Plaintiff's entire period of employment, Defendant
required Plaintiff to work, and Plaintiff did in fact work, more
than forty hours per week, all for Defendant's benefit. The
Defendant failed to pay Plaintiff overtime at a rate of one and
one-half times his regular hourly rate of pay for all hours worked
in excess of forty hours per week in violation of the FLSA and
NYLL. During his employment with Defendant, Plaintiff almost never
received an uninterrupted meal break. Defendant regularly deducted
4 to 6 hours from Plaintiff's weekly earnings for meal breaks that
he did not receive pursuant to its company-wide payroll practice
and procedure of automatically deducting for meal breaks regardless
of whether or not employees actually receive a meal break. As a
result of the foregoing, Defendant failed to pay Plaintiff at a
rate of one and one-half times his regular rate for all hours
worked after 40 hours each workweek in violation of the FLSA and
NYLL, says the complaint.
The Plaintiff has worked for the Defendant as a non-exempt,
hourly-paid medical transportation driver operator.
The Defendant provides non-emergency medical transportation
services.[BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 277
Hauppauge, NY 11788
Phone: (631) 257-5588
Email: Promero@RomeroLawNY.com
ELEVANCE HEALTH: Kneppar Bid Conditional Status Partly OK'd
-----------------------------------------------------------
In the class action lawsuit captioned as LEAH KNEPPAR, on behalf of
herself and all those similarly situated, v. THE ELEVANCE HEALTH
COMPANIES, INC., f/k/a THE ANTHEM COMPANIES, INC., Case No.
8:23-cv-00863-MJM (D. Md.), the Hon. Judge Matthew J. Maddox
entered a memorandum granting in part the Plaintiff's motion for
conditional certification and court-authorized notice under the
Fair Labor Standards Act ("FLSA"), and approving the Plaintiff's
proposed notice and distribution plan with modifications.
In sum, the Court shall direct Defendant to disclose to the
Plaintiff names, contact information, and periods of employment for
members of the putative collective; authorize initial distribution
of the Plaintiff's proposed notice form to collective members by
U.S. mail, email, and text message; and authorize reminder notices
by email only 21 days before the end of a 60-day notice period.
The Plaintiff filed this putative state-wide class and collective
action on behalf of herself and similarly situated employees of the
Defendant alleging denial of overtime compensation in violation of
the FLSA, the Maryland Wage Hour Law, and the Maryland Wage Payment
and Collection Law.
The Plaintiff alleges that she and similarly situated employees of
Defendant were primarily responsible for conducting "medical
necessity reviews" for "medical authorization requests submitted by
healthcare providers against pre-determined guidelines and criteria
for
insurance coverage and payment purposes." The Plaintiff and
similarly situated employees were paid a salary and treated as
exempt from overtime pay. I
The Plaintiff requests, for purposes of court-authorized notice of
this action, conditional certification of a putative collective
defined as follows:
"All persons who worked as Medical Management Nurses,
Utilization
Management Nurses, Utilization Managers, Utilization Review
Nurses,
or in similar job titles who were paid a salary and treated as
exempt from overtime laws and were primarily responsible for
performing medical necessity reviews for the Defendant in
Maryland
at any time since three years prior to the filing of this
Complaint
through judgment."
The Plaintiff was employed by the Defendant as a medical management
nurse from February 2019 to March 2023, working remotely from her
home in Leonardtown, Maryland.
The Defendant is a health insurance company that operates office
locations in multiple states, including Maryland.
A copy of the Court's memorandum dated March 18, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=YkHEtE at no extra
charge.[CC]
ENCOMPASS HEALTH: Norman Seeks to Certify FLSA Collective Action
----------------------------------------------------------------
In the class action lawsuit captioned as BRENDA L. NORMAN,
individually and on behalf of all others similarly situated, v.
ENCOMPASS HEALTH REHABILITATION HOSPITAL OF NORTHERN VIRGINIA, LLC,
et al., Case No. 1:23-cv-01518-AJT-WBP (E.D. Va.), the Plaintiff
asks the Court to enter an order authorizing issuance of notice to
prospective collective action members of the pendency of the
lawsuit pursuant to the federal Fair Labor Standards Act (FLSA).
Encompass offers inpatient rehabilitative services.
A copy of the Plaintiff's motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=5AzO8x at no extra
charge.[CC]
The Plaintiff is represented by:
Craig Juraj Curwood, Esq.
Zev H. Antell, Esq.
Samantha R. Galina, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
E-mail: craig@butlercurwood.com
zev@butlercurwood.com
samantha@butlercurwood.com
- and -
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: marbuckle@wageandhourfirm.com
rprieto@wageandhourfirm.com
EXP REALTY: Ganz Sues Over Unsolicited Telemarketing Calls
----------------------------------------------------------
CARL GANZ, on behalf of himself and those similarly situated,
Plaintiff v. EXP REALTY, LLC, EXP WORLD HOLDINGS, INC. and EXP
REALTY OF CALIFORNIA, INC., Defendants, Case No. 3:24-cv-01604-WHO
(N.D. Cal., March 15, 2024) alleges that the Defendants violated
the Telephone Consumer Protection Act and related regulations by
placing unsolicited automated text messages and calls to Plaintiff
and the putative class on their respective cellular phones which
are registered with the National Do-Not Call Registry.
Allegedly, Defendants made unsolicited and automated telemarketing
calls without the prior express written consent of the recipients
and unsolicited calls to persons who have registered their cellular
telephone number on the DNC. Through this conduct, Defendants have
invaded the privacy of Plaintiff and the members of the Class, says
the suit.
Based in Bellingham, WA, EXP Realty, LLC is a full-service luxury
real estate brokerage and lifestyle company providing services
during the home buying and selling process. [BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
David J. McGlothlin, Esq.
Mona Amini, Esq.
Gustavo Ponce, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
david@kazlg.com
mona@kazlg.com
gustavo@kazlg.com
EXPEDIA GROUP: Echevarria Suit Seeks Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as MARIO ECHEVARRIA, v.
EXPEDIA GROUP, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC,
Case No. 1:19-cv-22621-FAM (S.D. Fla.), the Plaintiff asks the
Court to enter an order:
-- certifying a proposed issues Class under Fed. R. Civ. P.
23(c)(4),
-- approving Plaintiff's proposed Notice Plan, and
-- appointing his undersigned attorneys as Class Counsel.
Mario Echevarria moves for partial class certification of core
liability issues, including trafficking, which are fundamental to
his claim and the claims of all putative Class Members. He proposes
the following class definition:
All U.S. nationals who own a claim to real property in
Cuba
that was confiscated by the Cuban government prior to
March
12, 1996, where now stands a hotel that was operated by
Iberostar, for which reservations were offered and sold
through Expedia, at any time after Jan. 30, 2018.
The class excludes (a) Defendants, their officers, directors,
management, employees, subsidiaries, affiliates, agents, and
attorneys; and (b) any judges or justices involved in this action
and any members of their immediate families.
Mr. Echevarria holds a claim to a 12.5% interest in the Cayo Coco
Property through intestate succession, as set forth in the
genealogy, and the expert report of Avelino Gonzalez, Esq.
Expedia is an American travel technology company that owns and
operates travel fare aggregators and travel metasearch engines.
A copy of the Plaintiff's motion dated March 20, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=doHJBK at no extra
charge.[CC]
The Plaintiff is represented by:
Andres Rivero, Esq.
Alan Rolnick, Esq.
Ana C. Malave, Esq.
Sylmarie Trujillo, Esq.
Brandon Cruz, Esq.
Briana Josephs, Esq.
RIVERO MESTRE LLP
2525 Ponce de Leon Blvd., Suite 1000
Coral Gables, FL 33134
Telephone: (305) 445-2500
Facsimile: (305) 445-2505
E-mail: arivero@riveromestre.com
arolnick@riveromestre.com
amalave@riveromestre.com
bcruz@riveromestre.com
bjosephs@riveromestre.com
- and -
Manuel Vazquez, Esq.
MANUEL VAZQUEZ, P.A.
2332 Galiano St., Second Floor
Coral Gables, FL 33134
Telephone: (305) 445-2344
Facsimile: (305) 445-4404
E-mail: mvaz@mvazlaw.com
EXPENSIFY INC: Parties Must Propose Case Schedule in Wilhite Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as Wilhite v. Expensify, Inc.
et al., Case No. 3:23-cv-01784 (D. Or., Filed Nov. 29, 2023), the
Hon. Judge Jolie A. Russo entered an order on motion for extension
of time.
The parties shall propose further case scheduling, including
deadlines for class certification and discovery, within 14 days
following final ruling on the motion to dismiss, said the Court.
The suit alleges violation of the Securities Exchange Act.
Expensify is a software company that develops an expense management
system for personal and business use.[CC]
EZRICARE LLC: Lopez Sues Over Unlawful Levels of Bacteria
---------------------------------------------------------
Joseph Lopez, individually and on behalf of a class of similarly
situated persons v. EZRICARE LLC, and WALMART INC., Case No.
1:24-cv 02016 (E.D.N.Y., March 19, 2024), is brought on behalf of
persons who purchased EzriCare Artificial Tears (the "Products")
which contained unlawful levels of bacteria.
The Defendants' artificial tears are adulterated and contaminated
with "a rare, extensively drug-resistant strain of Pseudomonas
aeruginosa bacteria." The presence of the Pseudomonas Aeruginosa
bacteria in the Products is due to, among other things, Defendants'
violation of Current Good Manufacturing Processes (as identified by
the Food and Drug Administration), including "lack of appropriate
microbial testing, formulation issues (the company manufactures and
distributes ophthalmic drugs in multi-use bottles, without an
adequate preservative), and lack of proper controls concerning
tamper-evident packaging."
These violations, along with the presence of this rare and, in some
cases, deadly, bacteria pose a significant and severe health risk
to consumers, such as Plaintiff and the putative class, who
purchased and used Defendants' Products. Plaintiff and the putative
class suffered economic damages due to Defendants' misconduct and
seek damages for the purchase of the contaminated Products they
purchased, says the complaint.
The Plaintiff purchased EzriCare Artificial Tears from Walmart
Supercenter in Valley Stream, New York in July 2022.
The Defendants manufacture, design, import, advertise, label,
distribute, market, and sell several over-the-counter
pharmaceutical products, including the above-named Products, which
contain a solution of Carboxymethylcellulose Sodium 10 MG in 1
ml.[BN]
The Plaintiff is represented by:
Charles D. Moore, Esq.
REESE LLP
100 South 5th Street, Ste. 1900
Minneapolis, MN 55402
Phone: (212) 643-0500
Email: cmoore@reesellp.com
- and -
Michael R. Reese, Esq.
REESE LLP
100 West 93rd Street, 16th Floor
New York, NY 10025
Phone: (212) 643-0500
Email: mreese@reesellp.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW FIRM LLC
954 Avenida Pone De Leon, Suite 205, #10518
San Juan, PR 00907
Phone: (215) 789-4462
Email: klaukaitis@laukaitislaw.com
FEDEX FREIGHT: Gayden Must Show Cause Why Case Should Proceed
-------------------------------------------------------------
In the class action lawsuit captioned as Seandee Gayden v. FedEx
Freight, Inc. et al., Case No. 2:23-cv-06560-MCS-AS (C.D. Cal.),
the Hon. Judge Mark Scarsi entered an order directing the Plaintiff
to show cause why the action should not be dismissed for lack of
prosecution and failure to comply with the scheduling order.
The Court said, "The Plaintiff failed to timely file a motion for
class certification by his deadline to do so."
The Plaintiff shall respond in writing within seven days explaining
his reasons for noncompliance, providing an update on the status of
the litigation, and stating whether he seeks to prosecute his
claims on an individual basis. Failure to file a timely and
satisfactory response will result in dismissal without further
notice, the Court adds.
FedEx provides delivery and transportation services.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=1dID6j at no extra
charge.[CC]
FEDEX GROUND: Depina Seeks to Certify Classes & Sub-classes
-----------------------------------------------------------
In the class action lawsuit captioned as CLARA DEPINA, on behalf of
herself and all others similarly situated, and the general public,
v. FEDEX GROUND PACKAGE SYSTEM, INC., a Delaware corporation; and
DOES 1 through 50, inclusive, Case No. 3:23-cv-00156-TLT (N.D.
Cal.), the Plaintiff will move the Court for an Order pursuant to
Federal Rules of Civil Procedure 23(c)(1):
1. Certifying the following classes and sub-classes as follows:
Security Check Class: All persons employed by the
Defendants
as Package Handlers in hourly or non-exempt positions in
California who underwent a security screening during the
Relevant Time Period.
Security Check Meal Period Sub-Class: All Security Check
Class members who worked a shift in excess of five
hours.
Security Check Rest Break Sub-Class: All Security Check
Class
members who worked a shift of at least three and
one-half
(3.5) hours.
Recordkeeping Meal Period Class: All persons employed by
The Defendants as Package Handlers in hourly or
non-exempt
positions in California who worked a shift in excess of
five hours during the Relevant Time Period whose
timekeeping records reflect a late, shortened, or missed
meal period.
2. Appointing the Plaintiff as class representative of the
classes
and sub-classes proposed and/or later proposed and approved
by
the Court; and
3. Approving Shaun Setareh, William M. Pao, and Brian Louis of
the
Setareh Law Group as Class Counsel pursuant to Fed. R. Civ.
P.
Rule 23(g).
Ms. Depina testified that there were many occasions when she had to
wait in line approximately 10-15 minutes to clock in for her shift
due to 20-30 other employees also having to clock in. As a result,
Ms. Depina started to arrive to work 15 minutes early so as to
avoid the long lines; even then, there was still a line which took
approximately 2-5 minutes before she could clock in, she adds.
FedEx is an American ground package delivery company.
A copy of the Plaintiff's motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ug5YZz at no extra
charge.[CC]
The Plaintiff is represented by:
Shaun Setareh, Esq.
William M. Pao, Esq.
Brian P. Louis, Esq.
SETAREH LAW GROUP
9665 Wilshire Boulevard, Suite 430
Beverly Hills, CA 90212
Telephone (310) 888-7771
Facsimile (310) 888-0109
E-mail: shaun@setarehlaw.com
william@setarehlaw.com
brian@setarehlaw.com
FIFTY WEST: Morse Bid for Class Certification Tossed
----------------------------------------------------
In the class action lawsuit captioned as KEVIN MORSE, v. FIFTY WEST
BREWING COMPANY LLC, et al., Case No. 1:21-cv-00377-DRC (S.D.
Ohio), the Hon. Judge Douglas Cole entered an order denying Morse's
motion for class certification.
The Court said, "Morse jumped the gun and moved for certification
without a sufficient evidentiary record to back up his assertions.
Rather than allow for a meaningful Rule 23 analysis, his meager
showing leaves the Court with several unanswered questions about
the proposed class."
The proposed class members worked at Fifty West's restaurants
during the COVID-19 pandemic and were allegedly denied tips they
were owed. The Court conditionally certified a collective action
under the Federal Labor Standards Act (FLSA) on the parties' joint
stipulation.
Morse's motion seeks a parallel class certification for his Ohio
law claims. The Court denies Morse's motion for class
certification.
The heart of this dispute turns on the tip compensation structure
Fifty West allegedly used at the time Morse worked there. As
intimated above, his period of employment coincides with the
outbreak of the COVID-19 pandemic and the shift of many bars and
restaurants to take-out and outdoor or spaced-out dining models.
At first, in response to the pandemic, Fifty West laid off all
hourly employees for the period between March 16, 2020, and April
25, 2020, during which time it employed a purely takeout model run
by the few non-tipped workers still employed.
Then, from April 25, 2020, until May 9, 2020, Fifty West employed
only 12 hourly workers. These employees interfaced with customers,
processed orders, and were paid "at or above Ohio's minimum wage,"
but
allegedly were not given tips solicited and accepted from
customers.
According to Morse, this (thin, verging on non-existent)
evidentiary record supports certification of a class of:
"All hourly employees who customarily and regularly received
tips
that worked for Defendants at any time between March 1, 2020,
and
June 5, 2021."
And he also moves the Court to certify the following subclasses:
-- Class Action Subclass 1: All hourly employees who have been
employed by Defendants as a bartender, cashier, or utility at
any
time between March 16, 2020, and May 9, 2020, during which time
Defendants paid the minimum wage and during which time the
employee did not receive all of the tips to which the employee
was
entitled.
-- Class Action Subclass 2: All tip-credited employees (i.e., any
employee who received a tip-credit wage, or in other words an
hourly rate below the federal and state minimum wage, and as to
whom the employer was relying on a tip credit (which is lawful
to
make up the difference between the hourly rate and the federal
and
state minimum wage) who have been employed by Defendants at any
time between May 10, 2020, and June 5, 2021, who participated
in a
tip pool with employees who do not customarily and regularly
receive tips and/or who did not receive all of the tips to
which
they were entitled.
Mr. Morse worked for Fifty West, at a minimum, from April 15, 2019,
until March 15, 2020, and from May 6, 2020, until Aug. 5, 2021,
primarily as a bartender.
Fifty West owns and operates a brewpub in Cincinnati, Ohio, as well
as two "Burger Bar" restaurants in Cincinnati and Chillicothe,
Ohio.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=7W4KFh at no extra
charge.[CC]
FILMLAND SPIRITS: Bullock Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Filmland Spirits,
Inc. The case is styled as Justin Bullock, individually and as the
representative of a class of similarly situated persons v. Filmland
Spirits, Inc., Case No. 1:24-cv-02034 (S.D.N.Y., March 19, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Filmland Spirits -- https://www.filmlandspirits.com/ -- is a
beverage manufacturing company that offers wine, wishkey, and
spirit products.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
FLO HEALTH: Frasco Class Cert. Bid Terminated w/o Prejudice
-----------------------------------------------------------
In the class action lawsuit captioned as Frasco v. Flo Health,
Inc., Case No. 3:21-cv-00757 (N.D. Cal., Filed Jan. 29, 2021), Hon.
Judge entered an order:
-- terminating the plaintiffs' motion for class certification
without
prejudice, and
-- directing the parties to jointly propose an amended scheduling
order by April 5, 2024.
The nature of suit Torts -- Personal Injury -- Other Personal
Injury.[CC]
FLORIDA AGENCY: Bid to File Class Cert Reply Granted in Part
------------------------------------------------------------
In the class action lawsuit captioned as CHIANNE D.; C.D., by and
through her mother and next friend, Chianne D.; A.V., by and
through her mother and next friend, Jennifer V.; KIMBER TAYLOR; and
K.H., by and through his mother and next friend, Kimber Taylor, v.
JASON WEIDA, in his official capacity as Secretary for the FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION, and SHEVAUN HARRIS, in her
official capacity as Secretary for the FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES, Case No. 3:23-cv-00985-MMH-LLL (M.D. Fla.),
the Hon. Judge Marcia Morales Howard entered an order granting in
part and denying in part the Plaintiffs' motion for leave to file
reply to Defendants' response to the Plaintiffs' amended motion for
class certification.
-- The motion is granted to the extent that the Plaintiffs shall
have
up to and including March 26, 2024, to file a reply to the
Defendants' response to the Plaintiffs' amended motion for
class
certification.
-- Otherwise, the Motion is denied.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=rpDx8N at no extra
charge.[CC]
FLOWERS FOODS: Class Settlement in Ludlow Gets Final Nod
--------------------------------------------------------
In the class action lawsuit captioned as DANIEL LUDLOW, ET AL., V.
FLOWERS FOODS, INC., FLOWERS BAKERIES, LLC, and FLOWERS FINANCE,
LLC, Case No. 3:18-cv-01190-JO-JLB (S.D. Cal.), the Hon. Judge
Jinsook Ohta entered an order granting the joint motion for final
approval of Class Action Settlement, Fair Labor Standards Act
(FLSA), and Labor Code Private Attorneys General Act (PAGA)
Settlement.
The Plaintiffs' motion for attorneys' fees, costs, and service
awards is also granted.
Per the terms of the Parties' Settlement Agreement, this action
shall be dismissed with prejudice and the Clerk of the Court shall
enter this Order as a final order and Judgment.
In the event there is a dispute concerning the enforcement of the
terms of the Settlement Agreement, the Parties agreed to confer in
good faith in an attempt to resolve any such dispute and if such
dispute remains unresolved, the dispute shall be heard by Judge
Hoffman or, if unresolved, the Court, which shall retain
jurisdiction.
The Settlement Agreement resolves the claims of the Named
Plaintiffs, plus any "Class Member" defined as "any individual who,
either individually and/or on behalf of a corporation or business
entity, operated under a Distributor Agreement with
Flowers/Henderson or Flowers/Modesto during the Covered Period in
California" who has not opted out or excluded himself or herself
from the Settlement.
In summary, the Settlement has three main components as follows:
1. An initial fund or payment of $55 million in non-reversionary
cash up front to all participating Class Members (i.e., those
who did not opt out). This fund will be divided and
distributed
equitably among Settlement Class Members according to the
number
of workweeks they were under contract during the class
period.
2. A territory buyback for all current Distributors resulting in
Flowers paying Class Members (including both Settlement Class
Members and those current Distributors who previously opted
out
of the Settlement but are covered by the Injunctive Relief),
collectively, another approximately $64.2 million net, after
also resolving (and deducting) the amounts owed by Class
Members
on the notes/loans they have on those territories.
The Plaintiffs allege that Flowers contracts with and sells bakery
products to 4 large retail and fast-food customers via its national
direct-store-delivery ("DSD") business segment and then engages
"independent contractor" distributors like the Named Plaintiffs and
the Class Members to assist with the "delivery" or distribution
part of the DSD business.
Flowers Foods is a producer and marketer of packed bakery food.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZM9NEE at no extra
charge.[CC]
FORD MOTOR: Bids to Seal Granted in Part w/o Prejudice in Lessin
----------------------------------------------------------------
In the class action lawsuit captioned as WILLIAM LESSIN, CAROL
SMALLEY, et al., on behalf of themselves and others similarly
situated, v. FORD MOTOR COMPANY, a Delaware corporation; and Does 1
through 10, inclusive, Case No. 3:19-cv-01082-AJB-AHG (S.D. Cal.),
the Hon. Judge Anthony Battaglia entered an order granting in part
and denying in part without prejudice the motions to seal:
-- If the parties wish to provide supplemental briefing regarding
any
exhibits for which sealing is denied without prejudice, they
must
do so by April 1, 2024.
-- The parties may either provide additional facts to support
their
request to seal exhibits in their entirety or propose targeted
redactions.
-- If the parties do not file supplemental briefing by this date,
the
Court shall instruct the Clerk to docket the exhibits in
accordance with this Order. The exhibits will remain lodged
under
seal in the interim.
The Plaintiffs also fail to identify a specific harm that would be
caused by the public disclosure of these documents. As such, the
Plaintiffs' motion to seal is denied.
The parties have filed two motions to seal in connection with the
Plaintiffs' motion for class certification:
(1) Ford's Feb. 6, 2024 motion to seal documents attached to
Plaintiffs' Dec. 1, 2023 motion for class certification, and
(2) Ford's Feb. 22, 2024 motion to seal in connection with its
opposition to the Plaintiffs' class certification motion.
The Plaintiffs also filed a Feb. 22, 2024 motion to seal in
connection with its opposition to Ford’s motion for summary
judgment.
The Court must apply a different standard in analyzing the Class
Certification and Summary Judgment Motions to Seal and will
therefore address them separately.
Accordingly, the Court vacates the hearings related to these
motions set for June 6, 2024.
The Plaintiffs raise several claims against Ford for alleged latent
defects, which cause abnormal and premature wearing and/or
loosening of the suspension parts, resulting in "violent shaking,"
causing drivers to lose control of the Vehicles, and having
difficulty
steering during their operation under normal driving conditions or
speeds.
Ford Motor is an American multinational automobile manufacturer.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=nYFkf6 at no extra
charge.[CC]
FORD MOTOR: Seeks to Decertify 4 Classes in Tershakovec Suit
------------------------------------------------------------
In the class action lawsuit captioned as GEORGE TERSHAKOVEC, DIANA
TERSHAKOVEC, JOHN AUBREY, BYRON HARPER, RICHARD KOWALCHIK, STEPHEN
KELLY, ERIC EVANS, individually and on behalf of all others
similarly situated, and GREG ROBERTS, as an individual only, v.
FORD MOTOR COMPANY, Case No. 1:17-cv-21087-FAM (S.D. Fla.), the
Defendant asks the Court to enter an order to decertify the
Florida, New York, Washington, and Missouri classes because the
evidence at trial shows that common issues do not predominate, and
a class action is not the superior method of litigating.
The Plaintiffs claim that all of Ford's marketing materials were
intended to convey the theme that all versions of the GT350 were
track ready or track capable. But this argument fails to address
Plaintiffs' specific contention that the Tech and Base packages
were not
ready or capable for 20-minute track day sessions on road courses,
the Defendant said.
Ford is an American multinational automobile manufacturer.
A copy of the Defendant's motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=SOJwEE at no extra
charge.[CC]
The Defendant is represented by:
Henry Salas, Esq.
Sean Hernandez, Esq.
COLE, SCOTT & KISSANE, P.A.
Dadeland Centre II – Suite 1400
9150 South Dadeland Boulevard
Miami, FL 33156
Telephone: (786) 268-6410
E-mail: Henry.Salas@csklegal.com
SeanHernandez@csklegal.com
- and -
John M. Thomas, Esq.
Krista L. Lenart, Esq.
DYKEMA GOSSETT PLLC
2723 South State Street, Suite 400
Ann Arbor, MI 48104
Telephone: (734) 214-7613
E-mail: jthomas@dykema.com
klenart@dykema.com
FTX CRYPTOCURRENCY: Plaintiffs Seek to Lift Stay of Discovery
-------------------------------------------------------------
In the class action lawsuit captioned as FTX Cryptocurrency
Exchange Collapse MDL Litigation, Case No. 1:23-md-03076-KMM (S.D.
Fla.), the Plaintiffs request that the Court grant their omnibus
motion and enter an order:
(1) lifting the stay of discovery in these proceedings now that
Sam
Bankman-Fried's trial has concluded;
(2) conducting jurisdictional discovery within 90 days of the
Court's order on this Motion; and
(3) filing any amendments to the oppositions to SGCL's pending
motions to dismiss within 20 days after completing that
brief
jurisdictional discovery.
A copy of the Plaintiffs' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=bmJ9cD at no extra
charge.[CC]
The Plaintiffs are represented by:
Adam M. Moskowitz, Esq.
Joseph M. Kaye, Esq.
THE MOSKOWITZ LAW FIRM, PLLC
Continental Plaza
3250 Mary Street, Suite 202
Coconut Grove, FL 33133
Telephone: (305) 740-1423
E-mail: adam@moskowitz-law.com
joseph@moskowitz-law.com
service@moskowitz-law.com
- and -
David Boies, Esq.
Alexander Boies, Esq.
Brooke A. Alexander, Esq.
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, NY 10504
Telephone: (914) 749-8200
E-mail: dboies@bsfllp.com
aboies@bsfllp.com
balexander@bsfllp.com
- and -
Joseph R. Saveri, Esq.
Christopher Young, Esq.
Itak K. Moradi, Esq.
JOSEPH SAVERI LAW FIRM
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
E-mail: jsaveri@saverilawfirm.com
cyoung@saverilawfirm.com
imoradi@saverilawfirm.com
- and -
James R. Swanson, Esq.
Kerry J. Miller, Esq.
Molly L. Wells, Esq.
C. Hogan Paschal, Esq.
FISHMAN HAYGOOD L.L.P.
201 St. Charles Avenue, 46th Floor
New Orleans, LA 70170-4600
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: jswanson@fishmanhaygood.com
kmiller@fishmanhaygood.com
mwells@fishmanhaygood.com
hpaschal@fishmanhaygood.com
- and -
Robert Lieff, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
Rutherford, CA 94573
E-mail: rlieff@lieff.com
GRAND AMERICA: Parties Seek to Extend Time to File Class Cert Bid
-----------------------------------------------------------------
In the class action lawsuit captioned as JANN DESCANZO, VERONICA
BONDOC, GLEN SEGUNDINO, and MARIANNE PONIO, and those similarly
situated, v. GRAND AMERICA HOTELS & RESORTS, INC. and SINCLAIR
SERVICES COMPANY, Case No. 2:19-cv-00443-HCN-DBP (D. Utah), the
Parties ask the Court to enter an order extending class
certification briefing deadlines as follows:
Event Proposed
Deadline
Plaintiffs' motion for class certification Sept. 13, 2024
Defendants' response to Plaintiffs' motion Oct. 11, 2024
for class certification
Plaintiffs' reply in support of motion Oct. 25, 2024
for class certification
Grand America is a chain of eight hotels and resorts in the Western
United States.
A copy of the Parties' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=HPkufK at no extra
charge.[CC]
The Plaintiffs are represented by:
Beth E. Terrell, Esq.
Elizabeth A. Adams, Esq.
TERRELL MARSHALL LAW GROUP
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
E-mail: bterrell@terrellmarshall.com
eadams@terrellmarshall.com
- and -
P. Alex McBean, Esq.
ALEX McBEAN LAW OFFICE, PLLC
505 South Main Street
Bountiful, UT 84010
Telephone (358) 319-1137
E-mail: alex@alexmcbeanlaw.com
- and -
Alexander Hood, Esq.
TOWARDS JUSTICE
1410 High Street, Suite 300
Denver, CO 80218
Telephone: (720) 441-2236
E-mail: alex@towardsjustice.org
The Defendant is represented by:
Matthew R. Lewis, Esq.
Shelby Jaye Hughes, Esq.
KUNZLER BEAN & ADAMSON, PC
R. Jeremy Adamson, #12818
50 W. Broadway, 10th Floor
Salt Lake City, UT 84101
Telephone: (801) 994-4646
E-mail: mlewis@kba.law
jadamson@kba.law
shughes@kba.law
mhansen@kba.law
- and -
Brett L. Tolman, Esq.
THE TOLMAN GROUP
13827 Sprague Lane, Suite 220
Draper, UT 84020
Telephone: (801) 639-9840
E-mail: brett@tolmangroup.com
HANOVER VENTURES: Gonzalez's Bid for Class Certification Granted
----------------------------------------------------------------
In the class action lawsuit captioned as DENNY GONZALEZ,
individually and on behalf of all others similarly situated, v.
HANOVER VENTURES MARKETPLACE LLC, d/b/a Le District, JOHN DOE CO.
1, d/b/a HPH Hospitality, PAUL LAMAS, PETER POULAKAKOS, NICOLAS
ABELLO, and DAVID COUCKE, Case No. 1:21-cv-01347-ER (S.D.N.Y.), the
Hon. Judge Edgardo Ramos entered an order granting Gonzalez's
motion for class certification.
Because all of the requirements for Rule 23(a) and (b)(3) are met,
class certification is granted. The Plaintiff Gonzales is directed
to submit the class notice materials by March 26, 2024, the Court
said.
Further, Gonzalez's motion for partial summary judgment is granted
solely as to the claims for unpaid minimum wage and New York's Wage
Theft Prevention Act ("WTPA") violations and is otherwise denied.
The parties are directed to appear for a conference on April 24,
2024 at 10:30 a.m. before the Honorable Edgardo Ramos. The Clerk of
Court is directed to terminate the motions, the Court added.
The Plaintiff Gonzalez brings claims under the Fair Labor Standards
Act ("FLSA"), New York Labor Law ("NYLL"), Title VII of the Civil
Rights Act of 1964, New York Human Rights Law section 296
("NYHRL"), New York City Human Rights Law section 8-107 ("NYCHRL"),
and New York
common law.
He seeks unpaid wages, gratuities, and overtime as well as
liquidated damages, statutory penalties, and attorneys' fees and
costs under the FLSA and NYLL.
The Plaintiff Gonzalez also seeks damages and other relief under
Title VII, NYHRL, NYCHRL, and New York common law for a hostile
work environment of persistent sexual harassment.
The Plaintiff worked as a waiter at L'Appart, a Michelin Star
restaurant in Le District.
Hanover owns and operates the French-themed marketplace called "Le
District" at 225 Liberty Street, which consists of four
restaurants, two cafes, seven counters, a grocer, and a
wholesaler.
A copy of the Court's opinion and order dated March 18, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=V3sQ4u
at no extra charge.[CC]
KEENAN & ASSOCIATES: Ghyam Sues Over Alleged Data Breach
--------------------------------------------------------
DONYA GHYAM, on behalf of herself, and all others similarly
situated v. KEENAN & ASSOCIATES, Case No. 8:24-cv-00544 (C.D. Cal.,
March 14, 2024) accuses the Defendant of failing to adequately
safeguard customers' personal information, resulting in a data
breach.
The Plaintiff and class members are customers of Defendant. As a
condition of receiving or applying to receive Defendant's insurance
services, Plaintiff and class members were required by Defendant to
provide their sensitive personal information. On or about August
27, 2023, Defendant discovered that an unauthorized party gained
access to and obtained data from its systems. Plaintiff and class
members' personal information were compromised during the data
breach. The Defendant only notified the affected customers of the
data breach on January 26, 2024. Victims of the data breach have
suffered injury and damages and now face a lifetime risk of
identity theft, says the Plaintiff.
The Plaintiff brings this suit against the Defendant for
negligence, breach of implied contract, unjust enrichment, breach
of confidence, invasion of privacy, intrusion upon seclusion,
bailment, and violation of the California Consumer Privacy Act.
Keenan & Associates is an insurance brokerage and consulting firm
headquartered at 2355 Crenshaw Boulevard, Suite 200, Torrance, CA.
[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 -
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenandmalad.com
athomas@cohenandmalad.com
L'OREAL USA: Grossenbacher Sues Over Sale of Harmful Products
-------------------------------------------------------------
HOLLY GROSSENBACHER, individually and on behalf of all others
similarly situated, Plaintiff v. L'ORÉAL USA, Inc., Defendant,
Case No. 2:24-cv-00663-GGG-MBN (E.D. La., March 15, 2024) arises
from the Defendant's misrepresentation or failure to disclose or
warn consumers that its CaraVe Cream benzoyl peroxide products (BPO
Products) contain dangerously high levels of benzene, a carcinogen
that has been linked to leukemia and other blood cancers.
The Plaintiff and Class members reasonably relied on Defendant's
representations that the BPO Products were safe, unadulterated, and
free of any carcinogens that are not listed on the label.
Unbeknownst to them, these products contain harmful levels of
benzene, says the Plaintiff.
Headquartered in New York, NY, L'Oréal USA, Inc. is a Delaware
corporation that manufactures, markets, distributes, and sells
various skin care products, including CeraVe Acne Foam Cream
Cleanser with 4% BPO and CeraVe Acne Foaming Cream Wash with 10%
BPO. [BN]
The Plaintiff is represented by:
Jennifer Hoekstra, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
Facsimile: (850) 916-7449
E-mail: jhoekstra@awkolaw.com
LADY MAY: Dennison et al. File Claim for Labor Violations
---------------------------------------------------------
JESSICA DENNISON, HUMBERTO JESUS PACHECO, VERONICA ROJAS, WILFREDO
CHACON, BRANDON BRANTLEY, and AUSTIN STULL, on behalf of themselves
and all others similarly situated, known and unknown v. LADY MAY
CHICAGO LLC and ROBERT "MEMPHIS" GARRETT, individually, Case No.
1:24-cv-02161 (N.D. Ill., March 14, 2024) accuses the Defendants of
violating the Fair Labor Standards Act, the Illinois Minimum Wage
Law, the Chicago Ordinance, and the Illinois Wage Payment and
Collection Act.
The Plaintiffs bring this action on behalf of themselves and all
current and former non-exempt, hourly-paid employees at Lady May
restaurant located in Chicago, Cook County, Illinois which is owned
and operated by Defendants. The Plaintiffs allege that throughout
their employment, Defendants have violated the overtime, minimum
wage, and tip theft provisions of the FLSA and Chicago's labor
laws.
Lady May Chicago LLC operates the Lady May restaurant located at
405 N. Wabash Avenue, Chicago, Cook County, Illinois. [BN]
The Plaintiff is represented by:
Alexandros Stamatoglou, Esq.
GARFINKEL GROUP, LLC
701 N. Milwaukee Avenue, The CIVITAS
Chicago, IL 60642
Telephone: (312) 736-7991
Facsimile: (312) 549-9623
E-mail: alex@garfinkelgroup.com
MULLEN AUTOMOTIVE: Martis Sues Over Misleading Proxy Statements
---------------------------------------------------------------
MARIUS MARTIS, derivatively on behalf of MULLEN AUTOMOTIVE, INC. v.
DAVID MICHERY, MARY WINTER, MARK BETOR, KENT PUCKETT, OLEG FIRER,
JON NAJARIAN, JOHN ROLAND, TODD RAARUP, ARGUS MERCHANT SERVICES,
LLC and RBL CAPITAL GROUP LLC (Defendants), and MULLEN AUTOMOTIVE,
INC., (Nominal Defendants), Case No. 2:24-cv-02908-BRM-AME (D.N.J.,
March 14, 2024), accuses the Defendants of violations of the
Securities Exchange Act of 1934 and breach of fiduciary duties.
This is a shareholder derivative action brought under Section 14 of
the Securities Exchange Act of 1934. Plaintiff brings this action
on behalf of Mullen, seeking to reverse two ballot proposals
approved by a tainted shareholder vote in August 2021 as part of
the disastrous merger between privately held Mullen Technologies,
Inc. (MTC or Old Mullen) and Net Element Inc. (Net). The Plaintiff
and Net shareholders were among those who participated in the
shareholder vote allegedly conducted through a materially false and
misleading Proxy prepared by Net's directors and MTI's directors.
The tainted shareholder vote resulted in the divestment of Net's
extremely valuable payment processing operations, with Net then
allowed to merge into an essentially worthless and non-existent
electric vehicle business, Old Mullen. Plaintiff seeks damages for
Defendants' alleged violations, says the suit.
David Michery is Mullen's CEO, founder, President, and largest
shareholder. [BN]
The Plaintiff is represented by:
Lee Squitieri, Esq.
SQUITIERI & FEARON, LLP
305 Broadway
7th Floor
New York, NY 10007
Telephone: (212) 421-6492
E-mail: lee@sfclasslaw.com
- and -
Fletcher Moore, Esq.
MOORE LAW, PLLC
30 Wall Street, 8th Floor
New York, NY 10005
Telephone: (212) 709-8245
E-mail: fletcher@fmoorelaw.com
NATIONAL COLLEGIATE: Gaines Seeks Damages for Title IX Violations
-----------------------------------------------------------------
RILEY GAINES, REKA GYORGY, KYLEE ALONS, KAITLYNN WHEELER, AINSLEY
ERZEN, ELLIE EADES, LILY MULLENS, SUSANNA PRICE, CARTER
SATTERFIELD, KATE PEARSON, KATIE BLANKINSHIP, JULIANNA MORROW,
SWIMMER A, SWIMMER B, TRACK ATHLETE A, AND VOLLEYBALL ATHLETE A, v.
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, UNIV. SYSTEM OF GEORGIA,
GEORGIA TECH, UNIV. OF GEORGIA, UNIV. OF N. GEORGIA, ÁNGEL
CABRERA, Georgia Tech President in his individual and official
capacities, MEMBERS OF THE BOARD OF REGENTS OF THE UNIV. SYSTEM OF
GEORGIA, in their individual and official capacities: DOUG
ALDRIDGE, TOM BRADBURY, RICHARD "TIM" EVANS, W. ALLEN GUDENRATH,
ERIN HAMES, BÁRBARA RIVERA HOLMES, SAMUEL D. HOLMES, C. THOMAS
HOPKINS, JR., MD, JAMES M. HULL, CADE JOINER, PATRICK C. JONES, C.
EVERETT KENNEDY, III, SARAHELIZABETH LANGFORD, RACHEL B. LITTLE,
LOWERY HOUSTON MAY, JOSE R. PEREZ, NEIL L. PRUITT, JR., HAROLD
REYNOLDS, SACHIN SHAILENDRA, T. DALLAS SMITH, MAT SWIFT, JAMES K.
SYFAN, III, DON L. WATERS, and JOHN DOES 1-50, Case No.
1:24-cv-01109-MHC (N.D. Ga., March 14, 2024) accuses the Defendants
of violating Title IX of the Education Amendments of 1972 and
associated regulations, and the Equal Protection Clause of the
Fourteenth Amendment to the U.S. Constitution.
The Plaintiffs bring this action over the alleged "radical
anti-woman agenda" imposed on college sports by the National
Collegiate Athletic Association. The Plaintiffs accuse the NCAA of
promoting policies that deprive women of equal opportunities and
safe spaces in collegiate sport, in violation of Title IX
regulations. In particular, Plaintiffs raise concerns over the
NCAA's Transgender Eligibility Policies which Plaintiffs claim are
aimed at supporting the association's relentless drive to monetize
collegiate sport, at the expense of female student-athletes. Such
policies are allegedly being implemented in concert with the NCAA's
member colleges and universities, including those that are part of
the University System of Georgia, say the Plaintiffs.
The Plaintiffs, all current or former, collegiate, female,
student-athletes, seek damages for Defendants' alleged violations.
Headquartered in Indianapolis, IN, the NCAA is the largest
scholastic sport rulemaking and enforcement body in the United
States. [BN]
The Plaintiffs are represented by:
William Bock III, Esq.
Kevin D. Koons, Esq.
KROGER GARDIS & REGAS, LLP
111 Monument Circle, Suite 900
Indianapolis, IN 46204
Telephone: (317) 692-9000
Facsimile: (317) 264-6832
E-mail: wbock@kgrlaw.com
kkoons@kgrlaw.com
- and -
Thomas C. Rawlings, Esq.
Bryan P. Tyson, Esq.
Deborah A. Ausburn, Esq.
TAYLOR ENGLISH DUMA LLP
1600 Parkwood Circle, Suite 200
Atlanta, GA 30339
Telephone: (770) 434-6868
Facsimile: (770) 434-7376
E-mail: trawlings@taylorenglish.com
btyson@taylorenglish.com
dausburn@taylorenglish.com
NORTHEAST ORTHOPEDICS: Coe Sues Over Private Data Breach
--------------------------------------------------------
JOSEPH COE, individually and on behalf of all others similarly
situated, Plaintiff v. NORTHEAST ORTHOPEDICS AND SPORTS MEDICINE,
PLLC, Defendant, Case No. 7:24-cv-01975-PMH (S.D.N.Y., March 15,
2024) arises from the Defendant's failure to secure and safeguard
his and approximately 177,276 other individuals' personally
identifiable information and personal health information, including
names, Social Security numbers, driver's license information,
payment information, dates of birth, medical record information,
health insurance information, and treatment and diagnosis
information.
On or about November 22, 2023, an unauthorized third party gained
access to Northeast Orthopedics' network system and obtained files
containing information about Northeast Orthopedics' current and
former patients. However, Northeast Orthopedics waited until
February 2024, over two months later, to begin notifying its
patients that their PII/PHI was in the hands of cybercriminals.
Moreover, Plaintiff asserts claims for negligence, negligence per
se, breach of fiduciary duty, breach of implied contract, unjust
enrichment, and violations of New York General Business Law, and
seeks declaratory relief, injunctive relief, monetary damages,
statutory damages, punitive damages, equitable relief, and all
other relief authorized by law, says the suit.
Headquartered in Nanuet, NY, Northeast Orthopedics is a provider of
orthopedic and musculoskeletal healthcare services. [BN]
The Plaintiff is represented by:
Adam Pollock, Esq.
Anna Menkova, Esq.
POLLOCK COHEN LLP
111 Broadway, Suite 1804
New York, NY 10006
Telephone: (212) 337-5361
E-mail: adam@pollockcohen.com
anna@pollockcohen.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Suite 1630
Chicago, IL 60606
Telephone: (312) 621-2000
Facsimile: (312) 641-5504
E-mail: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
OCEAN SPRAY CRANBERRIES: Elders Files Suit in S.D. California
-------------------------------------------------------------
A class action lawsuit has been filed against Ocean Spray
Cranberries, Inc. The case is styled as Ann Elders, Rebecca
Crampton, on behalf of herself, all others similarly situated, and
the general public v. Ocean Spray Cranberries, Inc., Case No.
3:24-cv-00565-BEN-VET (S.D. Cal., March 25, 2024).
The nature of suit is stated as Other Fraud.
Ocean Spray Cranberries, Inc. --
https://allthatpower.oceanspray.com/ -- is an American agricultural
cooperative of growers of cranberries headquartered in Plymouth
County, Massachusetts.[BN]
The Plaintiff is represented by:
Caroline S. Emhardt, Esq.
Jack Fitzgerald, Esq.
Melanie Rae Monroe, Esq.
Trevor Matthew Flynn, Esq.
Fitzgerald Monroe Flynn PC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Phone: (619) 215-1741
Email: Cemhardt@fmfpc.com
jfitzgerald@fmfpc.com
mmonroe@fmfpc.com
tflynn@fmfpc.com
OGLETHORPE UNIVERSITY: Faces Kochan Breach of Contract Suit
-----------------------------------------------------------
BRANDI KOCHAN, on behalf of herself and all others similarly
situated v. OGLETHORPE UNIVERSITY, Case No. 1:24-cv-01111-ELR (N.D.
Ga., March 14, 2024) seeks damages and relief for breach of
contract.
The Plaintiff was an undergraduate student at Defendant Oglethorpe
University during the Spring 2020 semester. Plaintiff paid tuition
and fees for in-person educational services, experiences,
opportunities, and other related collegiate services at the
University. On or about mid-March 2020, in response to the COVID-19
pandemic, the Defendant stopped its on-campus, in-person
educational services and transitioned to remote, online learning.
However, Defendant has not refunded Plaintiff and all others
similarly situated any amount of the tuition or fees intended to
cover in-person services for the Spring 2020 semester, says the
suit.
The Plaintiff alleges that Defendant's actions constitute a breach
of contract it entered into with the affected students.
Oglethorpe is a private university in Brookhaven, Georgia that
offers a number of graduate programs, as well as numerous major
fields for undergraduate students. [BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Nicholas A. Colella, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Facsimile: (412) 231-0246
E-mail: gary@lcllp.com
nickc@lcllp.com
- and -
Michael A. Tompkins, Esq.
Anthony Alesandro, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: mtompkins@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
OLIVELA INC: Sookul Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Olivela Inc. The case
is styled as Sanjay Sookul, on behalf of himself and all others
similarly situated v. Olivela Inc., Case No. 1:24-cv-02177
(S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Olivela -- https://www.olivela.com/ -- is an online luxury retail
platform with a philanthropic business model.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
ON SEMICONDUCTOR: Hubacek Suit Transferred to D. Arizona
--------------------------------------------------------
The case styled as Philip R. Hubacek, Jeffrey S. Lew, Jessica
Berliner, Ainul Huda, individually and on behalf of all others
similarly situated v. ON Semiconductor Corporation, Hassane
El-Khoury, Thad Trent, Simon Keeton, Case No. 3:23-cv-00701 was
transferred from the U.S. District Court for the District of
Delaware, to the U.S. District Court for the District of Arizona on
March 20, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00594-SMB to the
proceeding.
The nature of suit is stated as Other Statutes:
Securities/Commodities for Securities Exchange Act.
ON Semiconductor Corporation -- http://www.onsemi.com/-- is an
American semiconductor supplier company, based in Scottsdale,
Arizona.[BN]
The Plaintiff is represented by:
Gregory V. Varallo, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP - WILMINGTON DE
500 Delaware Ave., Ste. 901
Wilmington, DE 19801
Phone: (302) 651-7772
Fax: (302) 498-7772
- and -
Brian E Farnan, Esq.
Michael J Farnan, Esq.
Rosemary Jean Piergiovanni, Esq.
FARNAN LLP
919 N Market St., 12th Fl.
Wilmington, DE 19801
Phone: (302) 777-0300
Fax: (302) 777-0301
- and -
Gary A Gotto, Esq.
KELLER ROHRBACK LLP - PHOENIX, AZ
3101 N Central Ave., Ste. 1400
Phoenix, AZ 85012-2600
Phone: (602) 230-6322
Fax: (602) 248-2822
Email: ggotto@kellerrohrback.com
- and -
Gregory M. Potrepka, Esq.
LEVI & KORSINSKY LLP - STAMFORD, CT
1111 Summer St., Ste. 403
Stamford, CT 06905
Phone: (203) 992-4523
Email: gpotrepka@zlk.com
- and -
Shannon L. Hopkins, Esq.
LEVI & KORSINSKY LLP - NEW YORK, NY
33 Whitehall St., 17th Fl.
New York, NY 10004
Phone: (212) 363-7500
Email: shopkins@zlk.com
- and -
Ryan M. Ernst, Esq.
BIELLI & KLAUDER LLC
1204 N King St.
Wilmington, DE 19801
Phone: (302) 321-5411
Fax: (302) 397-2557
- and -
John C. Phillips, Jr., Esq.
Phillips McLaughlin & Hall PA
1200 N Broom St.
Wilmington, DE 19806
Phone: (302) 655-4200
ORANGEBURG COUNTY SCHOOL: Argrow Suit Removed to D. South Carolina
------------------------------------------------------------------
The case captioned as Janet Argrow and Berlinda Adams, individually
and on behalf of all others similarly situated v. Orangeburg County
School District, Case No. CVRI2400933 was removed from the Court of
Common Pleas, Orangeburg County, State of South Carolina, to the
United States District Court for the District of South Carolina on
March 25, 2024, and assigned Case No. 5:24-cv-01433-SAL.
The Complaint alleges violations of the Fair Labor Standards Act
(the "FLSA"), the False Claims Act, (the "FCA"), and a claim
pursuant to state law, the South Carolina Payment of Wages
Act.[BN]
The Defendants are represented by:
Allen D. Smith, Esq.
Connie P. Jackson, Esq.
HALLIGAN MAHONEY WILLIAMS SMITH FAWLEY & REAGLE, PA
P.O. Box 11367
Columbia, SC 29211
Phone: (803) 254-4035
Email: asmith@hmwlegal.com
cjackson@hmwlegal.com
PARK MY FLEET: Grewal Suit Removed to E.D. California
-----------------------------------------------------
The case captioned as Sarvpreet Grewal, individually, and on behalf
of all others similarly situated v. PARK MY FLEET LLC, a Delaware
limited liability company; and DOES 1 through 10, inclusive, Case
No. STK-CV-UOE-2023-0014570 was removed from the Superior Court for
the State of California, in and for the County of San Joaquin, to
the U.S. District Court for the Eastern District of California on
March 18, 2024, and assigned Case No. 2:24-at-00328.
In the Complaint, Plaintiff alleges the following causes of actions
against Defendant: 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:
Annie Lau, Esq.
Kiki Y. Okpala, Esq.
FISHER & PHILLIPS LLP
One Montgomery Street, Suite 3400
San Francisco, CA 94104
Phone: (415) 490-9000
Facsimile: (415) 490-9001
Email: alau@fisherphillips.com
kokpala@fisherphillips.com
PUBLIC PARTNERSHIPS: Quitero Suit Removed to S.D. Florida
---------------------------------------------------------
The case captioned as Carmen Valdez Quitero, and all others
similarly situated v. PUBLIC PARTNERSHIPS, LLC, Case No.
2023-000441-CA-01 was removed from the Circuit Court of the
Eleventh (11th) Judicial Circuit in and for Miami-Dade County,
Florida, to the United States District Court for the Southern
District of Florida on March 20, 2024, and assigned Case No.
1:24-cv-21082-XXXX.
In the Complaint, Plaintiff alleges the following causes of action:
Violations of the Fair Labor Standards Act.[BN]
The Plaintiff is represented by:
J.H. Zidell, Esq.
Alan Goldstraj, Esq.
J.H. ZIDELL, P.A.
300 71st Street, #605
Miami Beach, FL 33141
Phone: (305) 865-6766
Email: zabogado@aol.com
agoldstraj.jhzidellpa@gmail.com
The Defendants are represented by:
Dion J. Cassata, Esq.
JACKSON LEWIS P.C.
One Biscayne Tower, Suite 3500
Two South Biscayne Boulevard
Miami, fl 33131
Phone: (305) 577-7600
Facsimile: (305) 373-4466
Email: dion.cassata@jacksonlewis.com
REALPAGE INC: Kabisch Suit Transferred to S.D. New York
-------------------------------------------------------
The case styled as Joshua Kabisch, individually and on behalf of
all others similarly situated v. RealPage, Inc., et al., Case No.
3:24-cv-00273 was transferred from the U.S. District Court for the
Middle District of Tennessee, to the U.S. District Court for the
Southern District of New York on March 19, 2024.
The District Court Clerk assigned Case No. 1:24-cv-02036-JGLC to
the proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
RealPage -- https://www.realpage.com/ -- provides data analytics,
property management software, and services to efficiently manage
rental properties and real estate.[BN]
The Plaintiff is represented by:
Eric L. Cramer, Esq.
Michaela L. Wallin, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 875-3000
Email: ecramer@bm.net
mwallin@bm.net
- and -
Daniel J. Walker, Esq.
BERGER MONTAGUE PC
2001 Pennsylvania Avenue, NW, Suite
Washington, DC 20006
Phone: (202) 559-9745
Email: dwalker@bm.net
- and -
Brendan P. Glackin, Esq.
Dean M. Harvey, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, Ste. 2900
San Francisco, CA 94111
Phone: 415-956-1000
Email: bglackin@lchb.com
dharvey@lchb.com
- and -
Mark P. Chalos, Esq.
Hannah R. Lazarz, Esq.
Kenneth S. Byrd, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
222 2nd Avenue South, Ste. 1640
Nashville, TN 37201
Phone: (615) 313-9000
Email: mchalos@lchb.com
hlazarz@lchb.com
kbyrd@lchb.com
- and -
Steve W. Berman, Esq.
Breanna Van Engelen, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Phone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
breannav@hbsslaw.com
- and -
Benjamin J. Widlanski, Esq.
Javier A. Lopez, Esq.
KOZYAK TROPIN & THROCKMORTON LLP
2525 Ponce de Leon Blvd., 9th Floor
Coral Gables, FL 33134
Phone: (305) 372-1800
Email: bwidlanski@kttlaw.com
jal@kttlaw.com
- and -
Christian P. Levis, Esq.
Vincent Briganti, Esq.
Peter Demato, Esq.
Radhika Gupta, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Phone: (914) 997-0500
Facsimile: (914) 997-0035
Email: vbriganti@lowey.com
clevis@lowey.com
pdemato@lowey.com
rgupta@lowey.com
- and -
Christopher M. Burke, Esq.
Walter W. Noss, Esq.
Yifan (Kate) Lv, Esq.
KOREIN TILLERY P.C.
707 Broadway, Suite 1410
San Diego, CA 92101
Phone: (619) 625-5621
Facsimile (314) 241-3525
Email: cburke@koreintillery.com
wnoss@koreintillery.com
klv@koreintillery.com
- and -
Joseph R. Saveri, Esq.
Steven N. Williams, Esq.
Cadio Zirpoli, Esq.
Kevin E. Rayhill, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Phone: (415) 500-6800
Email: jsaveri@saverilawfirm.com
swilliams@saverilawfirm.com
czirpoli@saverilawfirm.com
krayhill@saverilawfirm.com
- and -
Jennifer W. Sprengel, Esq.
Daniel O. Herrera, Esq.
Alexander Sweatman, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
135 S. LaSalle, Suite 3210
Chicago, IL 60603
Phone: 312-782-4880
Facsimile: 312-782-4485
Email: jsprengel@caffertyclobes.com
dherrera@caffertyclobes.com
asweatman@caffertyclobes.com
- and -
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
Daniel J. Nordin, Esq.
Shashi K. Gowda, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Ste. 2600
Minneapolis, MN 55402
Phone: 612-333-8844
Email: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
dnordin@gustafsongluek.com
sgowda@gustafsongluek.com
- and –
Dennis Stewart, Esq.
GUSTAFSON GLUEK PLLC
600 W. Broadway, Ste. 3300
San Diego, CA 92101
Phone: 619-595-3299
Email: dstewart@gustafsongluek.com
The Defendants are represented by:
Ryan Thomas Holt, Esq.
SHERRARD ROE VOIGT & HARBISON, PLC
150 Third Avenue South, Suite 1100
Nashville, TN 37201
Phone: (615) 742-4512
Fax: (615) 742-4539
REDSPEED GEORGIA: Dunn Suit Removed to S.D. Georgia
---------------------------------------------------
The case styled as Jonathan Dunn, individually and on behalf of all
others similarly situated v. Redspeed Georgia LLC, Case No.
23CV00138 was removed from the Superior Court of Jefferson County,
State of GA, to the U.S. District Court for the Southern District
of Georgia on March 25, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00032-JRH-BKE to
the proceeding.
The nature of suit is stated as Racketeer/Corrupt Organization.
Redspeed Georgia LLC is a Domestic Limited Liability Company.[BN]
The Defendant is represented by:
Louis E. Hatcher, Esq.
WATSON SPENCE LLP
P.O. Box 2008
Albany, GA 31702-2008
Phone: (229) 436-1573
Fax: (229) 436-6358
Email: lhatcher@watsonspence.com
ROADRUNNER TRANSPORTATION: Rojas Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Roadrunner
Transportation Services, Inc., et al. The case is styled as Joseph
Rojas, Johnathan Babakitis, individually, an on behalf of other
members of the general public similarly situated and on behalf of
other aggrieved employees pursuant to the California Private
Attorneys General Act v. Roadrunner Transportation Services, Inc.,
Does 1-10, Inclusive, Case No. CGC24613240 (Cal. Super. Ct., San
Francisco Cty., March 19, 2024).
The case type is stated as "Other Non-Exempt Complaints (failure to
pay regular and/or bonus wages; failure to provide meal periods;
failure to provide rest periods)."
Roadrunner Transportation Systems, Inc. --
https://www.shiproadrunnerfreight.com/ -- offers truck freight
transportation services. The Company offers less than truckload,
truckload, parcel and intermodal truck freight delivery, and air
freight delivery services.[BN]
The Plaintiff is represented by:
Walter Lewis Haines, Esq.
UNITED EMPLOYEES LAW GROUP
8605 Santa Monica Blvd., # 63354
West Hollywood, CA 90069-4109
Phone: 562-256-1047
Fax: 562-256-1006
Email: walter@uelglaw.com
ROSINA FOOD: Demosthene and Jones Allege Labor Law Breaches
-----------------------------------------------------------
JACKY DEMOSTHENE and LAQUITA JONES, on behalf of themselves and
others similarly situated, Plaintiffs v. ROSINA FOOD PRODUCTS,
INC., Defendant, Case No. 1:24-cv-00225 (W.D.N.Y., March 15, 2024)
alleges violations of the Fair Labor Standards Act and the New York
Labor Law.
The Plaintiffs and other similarly situated employees were
production workers in Defendant's food production facility.
Allegedly, Defendant failed to compensate Plaintiff Jones and other
production workers for time spent donning and doffing their
sanitary clothing or for associated travel and wait time. In
addition, the Defendant also implemented rounding policies and
procedures that resulted in Defendant's failure to pay them and
other similarly situated employees overtime compensation at a rate
of one and one-half times their regular rate of pay for all hours
worked in excess of 40 hours per workweek, in violation of the
FLSA, say the Plaintiffs.
Based in Cheektowaga, NY, Rosina Food Products manufactures,
packages, distributes, and sells food products. [BN]
The Plaintiffs are represented by:
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher St., N.W., Suite B
North Canton, OH 44720
Telephone: (330) 470-4428
Facsimile: (330) 754-1430
E-mail: hans@ohlaborlaw.com
RURAL/METRO FIRE DEPT: Santiago Suit Removed to S.D. California
---------------------------------------------------------------
The case captioned as Jose Santiago, individually and on behalf of
others similarly situated v. RURAL/METRO FIRE DEPT., INC., an
Arizona corporation; and DOES 1 through 50, inclusive, Case No.
37-2024-00005548-CU-OE-CTL was removed from the Superior Court of
the State of California for the County of San Diego, to the United
States District Court for the Southern District of California on
March 21, 2024, and assigned Case No. 3:24-cv-00544-LL-AHG.
The Plaintiff alleges that he and the putative class are entitled
to recover purportedly unpaid overtime, minimum wages, and meal and
rest period premiums, in addition to wage statement penalties,
waiting time penalties, statutory and civil penalties, expense
reimbursement, restitution, costs, and attorneys' fees.[BN]
The Defendants are represented by:
Michael S. Kun, Esq.
Kevin D. Sullivan, Esq.
EPSTEIN BECKER & GREEN, P.C.
1925 Century Park East, Suite 500
Los Angeles, CA 90067
Phone: 310.556.8861
Facsimile: 310.553.2165
Email: mkun@ebglaw.com
ksullivan@ebglaw.com
SCAN HEALTH PLAN: Apodaca Sues Over Failure to Pay All Wages
------------------------------------------------------------
John Apodaca, an individual; and others similarly situated v. SCAN
HEALTH PLAN; A Corporation Doing Business in California; and DOES 1
through 50, inclusive; Case No. 24STCV07295 (Cal. Super. Ct., Los
Angeles Cty., March 22, 2024), is brought Under Labor Code Private
Attorneys Generals Act ("PAGA") for failure to pay all wages,
failure to provide meal breaks, failure to provide rest breaks,
waiting time penalties.
With regard to Defendant's hourly-paid employees, Defendant has:
Failed to provide aggrieved employees all legally requisite meal
periods; Failed to pay all aggrieved employees meal premium wages
at the legal pay rate; Failed to authorize and permit all paid
legally requisite rest periods for aggrieved employees; Failure to
pay all wages; Derivatively failed to timely furnish accurate
itemized wage statements to all aggrieved employees; Independently
failed to timely furnish accurate itemized wage statements to all
aggrieved employees; and Derivatively violated Labor Code regarding
all aggrieved employees, says the complaint.
The Plaintiff is an individual, who resides in County of Los
Angeles State of California.
Scan Health Plan is a California Limited Liability Company located
in City of Long Beach, County of Los Angeles.[BN]
The Plaintiff is represented by:
Narak Mirzaie, Esq.
M LAW ATTORNEYS, APC
680 East Colorado Blvd. Suite 180
Pasadena, CA 91101
Phone: (626) 626-4422
Fax: (626) 626-4420
SECURITAS SECURITY: Gandy and Gandy Seek Proper Overtime Wages
--------------------------------------------------------------
Latoya Gandy and Keona Gandy, on behalf of themselves and all
others similarly situated, Plaintiffs v. Securitas Security
Services USA, Inc., Defendant, Case No. 2:24-cv-02146 (C.D. Cal.,
March 15, 2024) alleges violations of the federal Fair Labor
Standards Act and the Portal-to-Portal Act.
Plaintiff Latoya was employed from approximately March 2020 through
November 2023 and Plaintiff Keona has been employed by Defendant
since September 2022. The Plaintiffs worked for Defendant as
nonexempt, hourly-paid security guard employees. In some workweeks,
the Plaintiffs were paid for over 40 hours of work, and Defendant
compensated some, but not all, of the overtime premium wages they
were entitled to, because Defendant did not compensate them for
mandatory pre- and post-liminary work duties completed before and
after their shift.
Headquartered in New Jersey, Securitas Security Services USA, Inc.
is a "locally-focused security company" that provides security
personnel to safeguard its customers' locations across the country.
[BN]
The Plaintiffs are represented by:
Colby Qualls, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
E-mail: cqualls@foresterhaynie.com
SHOALS TECHNOLOGIES: Westchester Sues Over Exchange Act Violation
-----------------------------------------------------------------
Westchester Putnam Counties Heavy & Highway Laborers Local 60
Benefits Fund, individually and on behalf of all others similarly
situated v. SHOALS TECHNOLOGIES GROUP, INC., JASON WHITAKER,
JEFFREY TOLNAR, BRANDON MOSS, DOMINIC BARDOS, and KEVIN HUBBARD,
Case No. 3:24-cv-00334 (N.D. Tenn., March 21, 2024), is brought on
behalf of all persons and entities that purchased Shoals common
stock between May 17, 2022 and November 7, 2023, inclusive (the
"Class Period") against Shoals and certain of its officers
(collectively "Defendants") seeking to pursue remedies under the
Securities Exchange Act of 1934 (the "Exchange Act") and SEC Rule
10b-5 promulgated thereunder.
Prior to, and during the Class Period, Shoals used
polymer-insulated copper wires, which it purchased from a number of
different suppliers, in its EBOS products. The wires served a
critical role in Shoals EBOS products as part of custom wire
harnesses that are used to aggregate electricity from multiple
solar panels and deliver that electricity to inverters.
Throughout the Class Period, Defendants touted the Company's "focus
on quality and reliability" with regard to its EBOS components,
from which Shoals generated the majority of its revenue during the
Class Period. These components were backed by a product warranty
Shoals provided to its customers. Shoals highlighted that its
products "meet the Company's stringent quality requirements." As
the Company's warranty supported the products meeting "stringent
quality requirements," Shoals assured investors throughout the
Class Period that its reported "Cost of Revenue" included costs
related to product warranty liability.
On November 7, 2023, Shoals stunned the market by revealing that
the Company had been forced to take an additional $50.2 million
charge for warranty expense as result of the wire shrinkback issue.
Shoals further advised that it expected the wire shrinkback issue
to cost between $59.7 million and $184.9 million dollars to remedy.
On this news, Shoals' stock price fell more than 20%, from a
closing price of $16.23 per share on November 7, 2023, to a closing
price of $12.95 per share on November 9, 2023, wiping out
approximately $550 million in market capitalization.
Securities analysts were shocked by the disclosure and linked
Shoals' sharp stock price decline to the warranty charge. For
example, in a report dated November 10, 2023, analysts at Barclays
declared that "the upper end of the $60-$185mm came as surprise to
investors and has
contributed to the underperformance of the stock." Similarly,
analysts at Truist noted that the third-quarter results "were
heavily impacted by a ~$50mm warranty charge that drove unadjusted
3Q gross margins well below our/street estimates."
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in market value of the Company's common stock
when the truth was disclosed, Plaintiff and other Class members
have suffered significant losses and damages, says the complaint.
The Plaintiff provides pension and other benefits for union
members.
Shoals purports to be a leading provider of electrical balance of
system ("EBOS") products for solar power generation, battery
storage, and electric vehicle charging infrastructure.[BN]
The Plaintiff is represented by:
J. Gerard Stranch IV, Esq.
STRANCH, JENNINGS & GARVEY PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
- and -
Lester Hooker, Esq.
SAXENA WHITE P.A.
7777 Glades Road, Suite 300
Boca Raton, FL 33434
Phone: (561) 394-3399
Fax: (561) 394-3382
Email: lhooker@saxenawhite.com
- and -
Rachel Avan, Esq.
Marco A. Dueñas, Esq.
10 Bank Street, Suite 882
White Plains, NY 10606
Phone: (914) 437-8551
Fax: (888) 216-2220
Email: ravan@saxenawhite.com
mduenas@saxenawhite.com
SIX FLAGS: Charges Vacationers Hidden Fees, Labrake Suit Says
-------------------------------------------------------------
HEATHER LABRAKE and STEPHANIE SMITH, individually and on behalf of
all others similarly situated v. SIX FLAGS ENTERTAINMENT
CORPORATION d/b/a SIX FLAGS GREAT ESCAPE LODGE, Case No.
8:24-cv-00356-AMN-CFH (N.D.N.Y., March 14, 2024), accuses the
Defendant of violating the New York State Arts and Cultural Affairs
Law.
This action arises from Defendant's alleged practice of charging
hidden fees to vacationers purchasing tickets on its website,
https://www.sixflagsgreatescapelodge.com/. Defendant charges
customers a "Processing Fee" at checkout and most customers only
become aware of this hidden charge when they receive a confirmation
email with their receipt. The New York State Arts and Cultural
Affairs Law requires all operators of a place of entertainment to
disclose the total cost of the ticket, inclusive of all ancillary
fees that must be paid by the customer, prior to the ticket being
selected for purchase.
The Plaintiffs seek relief and damages in this action individually,
and on behalf of all other customers who bought tickets from
Defendant through its website.
Headquartered in Arlington, TX, Six Flags Entertainment Corporation
is an American regional theme park operator. [BN]
The Plaintiffs are represented by:
Enes Hajdarpasic, Esq.
ONAL GALLANT BAYRAM & AMIN
619 River Dr., Ste 340
Elmwood Park, NJ 07407
Telephone: (201) 508-0808
E-mail: enes@ogplawfirm.com
- and -
Chad Saunders, Esq.
CROSNER LEGAL, P.C
9440 Santa Monica Blvd., Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: chad@crosnerlegal.com
SOURPUSS CLOTHING: Karim Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Sourpuss Clothing,
LLC. The case is styled as Jessica Karim, on behalf of herself and
all others similarly situated v. Sourpuss Clothing, LLC, Case No.
1:24-cv-02169 (S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sourpuss -- https://www.sourpussclothing.com/ -- is an independent
brand and retailer deeply rooted in punk rock, tattoo culture,
vintage kitsch, horror movies, monsters, halloween, goth homewares,
and more.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
SPROUTS FARMERS: Khwaja Alleges Unfair Competition Practices
------------------------------------------------------------
BELAY KHWAJA, an individual; on behalf of herself and all others
similarly situated v. SPROUTS FARMERS MARKET, INC. (d/b/a Sprouts
Farmers Market and d/b/a Sprouts); SF MARKETS, LLC (d/b/a Sprouts
Farmers Market, d/b/a Sprouts, and d/b/a SFM, LLC); SPROUTS FARMERS
MARKET, LLC; and DOES 1-100, inclusive, Case No.
30-2024-01386230-CU-BT-CXC (Cal. Super., Orange Cty., March 14,
2024) accuses the Defendants of violating the California Unfair
Competition Law.
The Plaintiff shopped at two Sprouts stores in California in
September and November 2023. On both occasions, Plaintiff purchased
menstrual pads and was charged sales and use tax. The Plaintiff
claims that to this day, all Sprouts markets located in California
continue to charge sales and use taxes on menstrual hygiene
products. The Plaintiff further alleges that such policies have
resulted in gender-based price discrimination, which violates state
and federal law.
Based in Santa Ana, CA, Sprouts is a national supermarket chain
known for its selection of natural and organic food, personal, and
household products. [BN]
The Plaintiff is represented by:
Kelly W. Weil, Esq.
Gary A. Praglin, Esq.
Hannah K. Brown, Esq.
Theresa E. Vitale, Esq.
COTCHETT, PITRE & McCARTHY, LLP
2716 Ocean Park Boulevard, Suite 3088
Santa Monica, CA 90405
Telephone: (310) 392-2008
Facsimile: (310) 392-0111
E-mail: kweil@cpmlegal.com
gpraglin@cpmlegal.com
hbrown@cpmlegal.com
tvitale@cpmlegal.com
STRATEGIC RETAIL: Faces Harvey Suit Over Worker Misclassification
-----------------------------------------------------------------
Patrick Harvey, Individually and On Behalf of All Similarly
Situated Persons, Plaintiff v. Strategic Retail Partners and
Merchandising Solutions Group, Inc., Defendants, Case No.
1:24-cv-00723 (D. Colo., March 15, 2024) arises from Defendants'
unlawful employment practices that include misclassifying traveling
merchandisers as independent contractors even though the workers
are treated as and have all of the characteristics of employees.
The Plaintiff brings this lawsuit on his own behalf and on behalf
of his former co-workers and workers for other manpower suppliers
against Defendants to recover unpaid overtime that is mandated by
the Fair Labor Standards Act.
Strategic Retail Partners (SRP) is a company that supplies retail
stores around the country with assorted retail items, such as
sunglasses, cell phone accessories, gloves, hats, and other
apparel, which are located on racks and shelves supplied by SRP.
[BN]
The Plaintiff is represented by:
Josef F. Buenker, Esq.
THE BUENKER LAW FIRM
P.O. Box 10099
Houston, TX 77206
Telephone: (713) 868-3388
Facsimile: (713) 683-9940
E-mail: jbuenker@buenkerlaw.com
TORRID LLC: Karim Files ADA Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Torrid, LLC. The case
is styled as Jessica Karim, on behalf of herself and all others
similarly situated v. Torrid, LLC, Case No. 1:24-cv-02171
(S.D.N.Y., March 22, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Torrid -- https://www.torrid.com/ -- is the ultimate retail
destination for fashion apparel, accessories, swimwear and
lingerie.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
TRAVEL RESORTS: Chapman Files TCPA Suit in M.D. North Carolina
--------------------------------------------------------------
A class action lawsuit has been filed against Travel Resorts of
America, Inc. The case is styled as Brian Chapman, individually and
on behalf of all others similarly situated v. Travel Resorts of
America, Inc., Case No. 1:24-cv-00251 (M.D.N.C., March 20, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Travel Resorts of America, Inc. -- https://www.travelresorts.com/
-- is an owner and operator of eight scenic resorts along the East
Coast of the United States.[BN]
The Plaintiff is represented by:
Ryan P. Duffy, Esq.
THE LAW OFFICE OF RYAN P. DUFFY PLLC
1213 W. Morehead St., Suite 500, Unit #450
Charlotte, NC 28208
Phone: (704) 741-9399
Email: ryan@ryanpduffy.com
TVI INC: Villanueva Suit Removed to N.D. California
---------------------------------------------------
The case captioned as Jose Villanueva, individually, and on behalf
of other members of the general public similarly situated v. TVI,
INC., a Washington corporation; SAVERS RECYCLING, INC., a
Washington corporation; SAVERS VALUE VILLAGE, INC., a Delaware
corporation; and DOES 1 through 10, inclusive, Case No. 24CV429597
was removed from the Superior Court of California for the County of
Santa Clara, to the U.S. District Court for the Northern District
of California on March 15, 2024, and assigned Case No.
5:24-cv-01649.
The Complaint sets forth the following nine causes of action:
violation of Cal. Lab. Code for failure to pay overtime; violation
of Cal. Lab. Code for unpaid minimum wages; violation of Cal. Lab.
Code for failure to authorize and permit rest periods; violation of
Cal. Lab. Code for non-compliant wage statements and failure to
maintain payroll records; violation of Cal. Lab. Code for failure
to timely pay wages upon termination; violation of Cal. Lab. Code
for failure to timely pay wages; violation of Cal. Lab. Code for
failure to pay business expenses; violation of Cal. Lab. Code for
unlawful business practices; violation of Cal. Lab. Code for unfair
business practices.[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
TWO JINN: Parties Seek to Reset Class Cert. Bid Briefing Schedule
-----------------------------------------------------------------
In the class action lawsuit captioned as SARA MEDINA and ALICIA
MARTINEZ, individually and on behalf of all others similarly
situated, v. TWO JINN, INC., a California corporation, d/b/a
ALADDIN BAIL BONDS, and ADLER WALLACH & ASSOCIATES, INC., a
California corporation, d/b/a AWA COLLECTIONS, Case No.
3:22-cv-02540-RFL (N.D. Cal.),the Parties ask the Court resetting
briefing schedule for motion to certify class:
Event Current
Stipulated
Deadline Deadline
Plaintiffs' Reply to Defendants' Apr. 5, 2024 Apr. 26,
2024
Oppositions to Plaintiffs'
Motion to Certify Class:
On Jan. 12, 2024, the Plaintiffs filed their motion to certify
class.
On March 1, 2024, the Defendants filed their oppositions to the
Plaintiffs' motion to certify class.
The Parties agree that a modest extension of the Plaintiffs'
deadline to file their reply will not affect other deadlines in the
case, such as the class certification hearing date, fact discove1y
cut-off, and the trial date.
Two Jinn provides consulting services. The Company offers bail
bond, payment options, and other legal services.
A copy of the Parties' motion dated March 20, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=pErNIj at no extra
charge.[CC]
The Plaintiffs are represented by:
Rafey S. Balabanian, Esq.
J. Aaron Lawson, Esq.
Yaman Salahi, Esq.
Julian Zhu, Esq.
Natasha Fernandez-Silber, Esq.
EDELSON PC
150 California Street, 18th Floor
San Francisco, CA 94111
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
alawson@edelson.com
ysalahi@edelson.com
jzhu@edelson.com
nfernandezsilber@edelson.com
The Defendants are represented by:
Beatriz Mejia, Esq.
K.C. Jaski, Esq.
Katelyn L. Kang, Esq.
Robby L.R. Saldaña, Esq.
COOLEY LLP
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111-4004
Telephone: (415) 693-2000
Facsimile: (415) 693-2222
E-mail: mejiab@cooley.com
kjaski@cooley.com
kkang@cooley.com
rsaldana@cooley.com
- and -
David Kaminski, Esq.
Martin Schannong, Esq.
Michael P. Lavigne, Esq.
CARLSON & MESSER LLP
5901 W. Century Boulevard, Suite 1200
Los Angeles, CA 90045
Telephone: (310) 242-2200
Facsimile: (310) 242-2222
E-mail: kaminskid@cmtlaw.com
lavignem@cmtlaw.com
lavignem@cmtlaw.com
UBER FREIGHT: Coreno Seeks PAGA Penalties for Labor Breaches
------------------------------------------------------------
VINCENT CORENO, an individual, on behalf of himself, and on behalf
of all persons similarly situated, v. UBER FREIGHT US LLC, a
Delaware limited CODE §§ 2698 ET SEQ.] liability company; UBER
FREIGHT LLC, a Delaware limited liability company; UBER
TECHNOLOGIES, INC., a Delaware corporation; and DOES 1-50,
Inclusive, Case No. 24STCV06459 (Cal. Super., Los Angeles Cty.,
March 14, 2024) seeks to recover civil penalties under the Private
Attorneys General Act for Defendants' alleged Labor Code
violations.
This is a PAGA-only action initiated by Plaintiff on behalf of
himself and all current and former aggrieved employees that worked
for Defendants. The Plaintiff was employed by Defendants in
California as an hourly-paid, non-exempt employee from May 2021 to
August 2023.
The Plaintiff alleges that Defendants have committed multiple
violations of the California Labor Code, including, among others,
failure to provide meal and rest periods, failure to reimburse
business expenses incurred by Plaintiff and other aggrieved
employees in direct consequence of the discharge of their duties,
failure to provide accurate itemized wage statements, as well as
minimum wage and overtime pay violations. The Plaintiff seeks to
obtain all applicable relief for Defendants' violations under
PAGA.
Uber Freight US LLC is engaged in the transportation business and
is headquartered in California. [BN]
The Plaintiff is represented by:
Shani O. Zakay, Esq.
Jackland K. Hom, Esq.
Julieann Alvarado, Esq.
Rachel Newman, Esq.
ZAKAY LAW GROUP, APLC
5440 Morehouse Drive, Suite 3600
San Diego, CA 92121
Telephone: (619) 255-9047
Facsimile: (858) 404-9203
E-mail: shani@zakawlaw.com
jackland@zakaylaw.com
julieann@zakaylaw.com
rachel@zakaylaw.com
- and -
Jean-Claude Lapuyade, Esq.
JCL LAW FIRM, APC
5440 Morehouse Drive, Suite 3600
San Diego, CA 92121
Telephone: (619) 599-8292
Facsimile: (619) 599-8291
E-mail: jlapuyade@jcl-lawfirm.com
UNITED STATES: Class Cert. Briefing Deadlines in Popkova Stricken
-----------------------------------------------------------------
In the class action lawsuit captioned as Larisa Popkova DSHS
Employee No. 1, Paula Brantner-Thomas DSHS Employee No. 2,
Katherine Rowlette DSHS Employee No. 3, Karen Robbins DSHS Employee
No. 4, Gary C. Bright DSHS Employee No. 5, on behalf of themselves
and all other similarly situated persons, v. DEPARTMENT OF SOCIAL
AND HEALTH SERVICES, Don Clintsman and Jilma Meneses, DOES 1-50,
Case No. 3:23-cv-05130-DGE (W.D. Wash.), the Hon. Judge David G.
Estudillo entered an order striking all present deadlines for class
certification briefing and staying the action for 30 days:
-- On or before the expiration of 30 days following entry of this
order, the parties shall file a status report with the Court
describing the status of the parties' settlement discussions.
On Jan. 11, 2024 and Feb. 14, 2024 the parties jointly requested
extensions of the class certification briefing schedule to enable
the parties to focus their efforts on resolving the class
certification issues without Court involvement.
The parties now report that they have outlined a resolution for the
entire action (not only the class certification issues), and now
request additional time to finalize the terms of that settlement.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=JjejgY at no extra
charge.[CC]
The Plaintiffs are represented by:
Tracy Tribbett, Esq.
PACIFIC JUSTICE INSTITUTE
6404 Three Rivers Drive
Pasco, WA 99301
Telephone: (509) 713-9868
E-mail: ttribbett@pji.org
The Defendant is represented by:
Mary Crego Peterson, Esq.
Michael J. Ewart, Esq.
HILLIS CLARK MARTIN & PETERSON P.S.
999 Third Avenue, Suite 4600
Seattle, WA 98104
Telephone: (206) 623-1745
E-mail: mary.peterson@hcmp.com
jake.ewart@hcmp.com
UNITED STATES: Henry Wins Class Certification Bid
-------------------------------------------------
In the class action lawsuit captioned as LOLITA HENRY and THOMAS
HUGHES, individually, and on behalf of a class of
similarly-situated persons and entities, v. UNITED STATES OF
AMERICA, Case No. 4:23-cv-11992-SDK-KGA (E.D. Mich.), the
Plaintiffs ask the Court to enter an order granting the Plaintiffs'
motion for class certification and certifying this action to be a
proper class action, with the Class consisting of:
"all persons in the United States who (1) filed Chapter 13
petitions, (2) made pre-confirmation payments to a Standing
Trustee, (3) had plans that were not confirmed by the bankruptcy
court, and their case was subsequently dismissed, and (4) the
Standing Trustee retained less than $10,000 of in
pre-confirmation
payments as a fee after the dismissal within the six years
preceding the filing of this action or during the pendency of
this
action."
The Plaintiffs also request that the Court certify them as Class
Representatives and designate Kickham Hanley PLLC and The Findling
Law Firm as Class Counsel.
On Oct. 3, 2023, the parties' counsel conferred in good faith and
in a
meaningful manner regarding this motion. The Plaintiffs' counsel
was able to reasonably explain the nature of the motion, the legal
basis for the motion, and the nature of the relief sought. The
Defendant does not concur in the motion.
The Plaintiffs challenge the U.S. Government's unconstitutional
taking for a public purpose, in violation of the Fifth Amendment to
the U.S. Constitution – without compensation – of specific,
identifiable funds in which the members of the Class have a
property interest and, in the alternative, challenge the U.S.
Government's seizure of their funds as an "illegal exaction" under
the Due Process Clause of the Fifth
Amendment to the U.S. Constitution.
The Plaintiffs are residents in the Eastern District of Michigan
and are former Chapter 13 Debtors whose Fee Portion collected by
the
Standing Trustees was unlawfully retained.
A copy of the Plaintiffs' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=PykZHc at no extra
charge.[CC]
The Plaintiffs are represented by:
Gregory D. Hanley, Esq.
KICKHAM HANLEY PLLC
32121 Woodward Avenue, Suite 300
Royal Oak, MI 48073
Telephone: (248) 544-1500
E-mail: ghanley@kickhamhanley.com
- and -
David Findling, Esq.
THE FINDLING LAW FIRM, PLC
415 S. West Street
Royal Oak, MI 48067
Telephone: (248) 399-9700
E-mail: david@findlinglaw.com
UNITED STATES: Sarmiento Balks at Denied Insurance Premium Refunds
------------------------------------------------------------------
TRICIA SARMIENTO, individually And on behalf of all others
similarly situated, Plaintiff v. UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and JULIA R. GORDON, in
her official capacity as Assistant Secretary for Housing and
Federal Housing Commissioner of the U.S. Department of Housing and
Urban Development, Defendants, Case No. 8:24-cv-00651 (M.D. Fla.,
March 12, 2024) is an action for declaratory relief under 28 U.S.C.
Section 2201, equitable relief, and for damages, due to Department
of Housing and Urban Development failing to refund mortgage
insurance premiums (MIP) to Federal Housing Administration-insured
mortgage borrowers, including Plaintiff, upon early termination of
their loans.
The Plaintiff and Class Members conferred a benefit on Defendant,
in that Defendant has unfairly retained Plaintiff's and Class
Members' MIP refunds, and it has retained earned interest and other
investment monies while in possession of these MIP refunds that
should have been refunded upon termination of Plaintiff's and Class
Members' loans, says the suit.
United States of America Department of Housing and Urban
Development administers programs that provide housing and community
development assistance.[BN]
The Plaintiff is represented by:
Joshua H. Eggnatz, Esq.
EGGNATZ ǀ PASCUCCI
7450 Griffin Road, Suite 230
Davie, FL 33314
Telephone: (954) 889-3359
Facsimile: (954) 889-5913
E-mail: JEggnatz@JusticeEarned.com
- and -
Seth M. Lehrman, Esq.
LEHRMAN LAW
951 Yamato Road, Suite 285
Boca Raton, FL 33431
Telephone: (954) 304-9260
E-mail: seth@lehrmanlaw.com
- and -
David La Croix, Esq.
7501 180th Street
McAlpin, FL 32062
Telephone: (386) 963-5729
E-mail: davidlac333@gmail.com
UNITED SUGAR PRODUCERS: Morelos Bakery Sues Over Price Fixing
-------------------------------------------------------------
Morelos Bakery LLC, on behalf of themselves and all others
similarly situated v. UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE
F/K/A UNITED SUGARS CORPORATION, AMERICAN SUGAR REFINING, INC., ASR
GROUP INTERNATIONAL, INC., DOMINO FOODS, INC., CARGILL, INC.,
MICHIGAN SUGAR COMPANY, COMMODITY INFORMATION, INC., AND RICHARD
WISTISEN, Case No. 0:24-cv-00966 (D. Minn., March 19, 2024), is
brought to recover treble damages, injunctive relief, and any other
relief as appropriate, based on violations of the Sherman Act and
various state antitrust and consumer protection laws by the
Defendants due to fixing, raising, maintaining, and stabilizing
prices for Granulated Sugar.
Since at least January 1, 2019, Defendants and their
co-conspirators conspired and combined to fix, raise, maintain, and
stabilize prices for Granulated Sugar sold throughout the United
States. The Producing Defendants--who are otherwise horizontal
competitors--are among the largest producers and sellers of
Granulated Sugar in the United States, especially after Defendant
United's acquisition of former competitor Imperial Sugar Company
("Imperial") in November 2022.
In furtherance of this conspiracy, among other things, the
Producing Defendants engaged in price signaling and exchanged
competitively sensitive information about prices, capacity, sales
volume, and demand, including through Defendant Commodity. These
actions were taken with the intended purpose and effect of
increasing Granulated Sugar Prices throughout the United States.
As a result of Defendants' combination and conspiracy, Granulated
Sugar prices in the United States have been artificially inflated
throughout the Class Period, causing Plaintiff and other
commercial, industrial, and institutional indirect purchasers
("Commercial Indirect Purchasers") to suffer overcharges, says the
complaint.
The Plaintiff purchased Granulated Sugar indirectly from one or
more the Defendants in Connecticut and suffered antitrust injury as
a result.
United is a Minnesota corporation with its principal place of
business in Edina, Minnesota, selling Granulated Sugar primarily
under the brand name Crystal Sugar.[BN]
The Plaintiff is represented by:
Heidi M. Silton, Esq.
Jessica N. Servais, Esq.
Joseph C. Bourne, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Phone: (612) 339-6900
Fax: (612) 339-0981
Email: hmsilton@locklaw.com
jnservais@locklaw.com
jcbourne@locklaw.com
- and -
Paul J. Phelps, Esq.
SAWICKI & PHELPS, P.A.
5758 Blackshire Path
Inver Grover Heights, MN 55076
Phone: (651) 730-6900
Fax: (651) 730-8110
Email: pphelps@mnlawyers.com
- and -
Matthew W. Ruan, Esq.
Douglas A. Millen, Esq.
Michael E. Moskovitz, Esq.
FREED KANNER LONDON & MILLEN LLC
100 Tri-State International, Suite 128
Lincolnshire, IL 60069
Phone: (224) 632-4500
Email: mruan@fklmlaw.com
dmillen@fklmlaw.com
mmoskovitz@fklmlaw.com
- and -
Kimberly A. Justice, Esq.
Jonathan M. Jagher, Esq.
FREED KANNER LONDON & MILLEN LLC
923 Fayette Street
Conshohocken, PA 19428
Phone: (610) 234-6486
Email: kjustice@fklmlaw.com
jjagher@fklmlaw.com
- and -
Kellie Lerner, Esq.
Benjamin D. Steinberg, Esq.
Ellen G. Jalkut, Esq.
Laura Song, Esq.
ROBINS KAPLAN LLP
1325 Avenue of the Americas, Suite 2601
New York, NY 10019
Phone: (212) 980-7400
Email: klerner@robinskaplan.com
bsteinberg@robinskaplan.com
ejalkut@robinskaplan.com
lsong@robinskaplan.com
URBAN LEAF CO: Rascon Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Urban Leaf Co. The
case is styled as Luis Rascon, individually and on behalf of all
others similarly situated v. Urban Leaf Co. dba The Produce
Company, Case No. STK-CV-UOE-2024-0003473 (Cal. Super. Ct., San
Joaquin Cty., March 19, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Urban Leaf Co. doing business as The Produce Company --
https://www.produce.co.nz/ -- offers premium food service wholesale
food distributor and butchery delivered fresh daily.[BN]
The Plaintiff is represented by:
Jessica L. Campbell, Esq.
AEGIS LAW FIRM
9811 Irvine Center Dr., Ste. 100
Irvine, CA 92618
Phone: 949-379-6250
Fax: (949) 379-6251
Email: jcampbell@aegislawfirm.com
UTILIQUEST LLC: Hicks Suit Removed to E.D. California
-----------------------------------------------------
The case captioned as Robert Hicks, an individual, and on behalf of
others similarly situated and aggrieved v. UTILIQUEST, LLC, a
Georgia Limited Liability Company; DYCOM INDUSTRIES, INC., a
Florida corporation; and DOES 1 through 50, inclusive, Case No.
24CV001311 was removed from the Superior Court of the State of
California, County of Sacramento, to the United States District
Court for the Eastern District of California on March 22, 2024, and
assigned Case No. 2:24-cv-00911-AC.
The Complaint purports to allege ten claims for relief: "Failure to
Provide Required Meal Periods;" "Failure to Provide Required Rest
Periods;" "Failure to Pay Overtime Wages;" "Failure to Pay Minimum
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;" and "Penalties
Under the Labor Code Private Attorneys Act, as Representative
Action."[BN]
The Defendants are represented by:
Christopher A. Crosman, Esq.
Michael A. Sigall, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 33500
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: ccrosman@seyfarth.com
msigall@seyfarth.com
VAXART INC: Parties Seek Class Cert. Hearing Extension to April 18
------------------------------------------------------------------
In the class action lawsuit captioned as Himmelberg v. Vaxart, Inc.
et al. (VAXART, INC. SECURITIES LITIGATION), Case No.
3:20-cv-05949-VC (N.D. Cal.), the Lead Plaintiffs, Additional
Plaintiff and the Defendants, request an order from the Court
continuing the hearing on the Plaintiffs' motion for class
certification from April 4, 2024 at 10:00 a.m. to April 18, 2024 at
10:00 a.m.
On Aug. 17, 2023, the Court entered a Stipulation and Case
Management Plan setting forth the briefing schedule for the Motion
and a hearing date of March 21, 2024 for the Motion.
On March 18, 2024, the Court issued an Order continuing the hearing
on the Motion from March 21, 2024 at 10:00 a.m. to April 4, 2024 at
10:00 a.m. As a result of a preexisting scheduling conflict, lead
trial counsel for Armistice Defendants would be unable to attend a
hearing in person on the Motion if the matter is scheduled to be
heard on April 4, 2024.
The Parties are already scheduled to appear before the Court on
April 18, 2024 for a Case Management Conference;
The Plaintiffs' and Armistice Defendants' respective counsel have
conferred and agreed that all counsel would be available to attend
a hearing in person on April 18, 2024 at 10:00 a.m. or as soon
thereafter as the Court's schedule will permit.
Vaxart is an American biotechnology company focused on the
discovery, development, and commercialization of oral recombinant
vaccines.
A copy of the Parties' motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=icEU9K at no extra
charge.[CC]
The Plaintiff is represented by:
Reed R. Kathrein, Esq.
Lucas E. Gilmore, Esq.
Raffi Melanson, Esq.
Steven W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: reed@hbsslaw.com
lucasg@hbsslaw.com
raffim@hbsslaw.com
steveb@hbsslaw.com
- and -
John T. Jasnoch, Esq.
William C. Fredericks, Esq.
Jeffrey P. Jacobson, Esq.
SCOTT+SCOTT ATTORNEYS AT
LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
E-mail: jjasnoch@scott-scott.com
wfredericks@scott-scott.com
jjacobson@scott-scott.com
- and -
Brian J. Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Ste. 2460
Los Angeles, CA 90067
Telephone: (310) 301-3335
Facsimile: (213) 519-5876
E-mail: brian@schallfirm.com
The Defendants are represented by:
Neal R. Marder, Esq.
Joshua A. Rubin, Esq.
Sina Safvati, Esq.
Lillian Rand, Esq.
AKIN GUMP STRAUSS HAUER & FELD LLP
1999 Avenue of the Stars, Suite 600
Los Angeles, CA 90067
E-mail: nmarder@akingump.com
rubinj@akingump.com
ssafvati@akingump.com
lrand@akingump.com
VICTOR'S SUSHI: Fails to Pay Proper Wages, Garrett and Tiefert Say
------------------------------------------------------------------
JESSICA GARRETT and LYN TIEFERT, Plaintiffs v. VICTORS SUSHI, LLC
and VICTORS SUSHI 2 LLC d/b/a VICTOR'S SUSHI and VICTOR SEBASTIAN
individually, Defendants, Case No. 1:24-cv-00730 (D. Colo., March
15, 2024) is a class action arising under the Fair Labor Standards
Act and the Colorado Minimum Wage Act.
The Plaintiffs and those similarly situated are currently employed
or were formerly employed by Defendants as waiters. When Plaintiffs
worked more than 40 hours a week, Defendants failed to pay
Plaintiffs overtime wages at one and half times their hourly rate.
Among other things, Defendants also failed to provide for required
meal and rest breaks, says the suit.
Victors Sushi, Inc. operates two restaurant locations in Colorado.
[BN]
The Plaintiffs are represented by:
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
250 Broadway, Suite 600
New York, NY 10007
Telephone: (212) 323-6980
E-mail: jaronauer@aronauerlaw.com
VISTA EQUITY: GCERS Files Suit in Del. Chancery Ct.
---------------------------------------------------
A class action lawsuit has been filed against Vista Equity Partners
Management, LLC, et al. The case is styled as Genesee County
Employees Retirement System, and others similarly situated v. Vista
Equity Partners Management, LLC, Vista Equity Partners Fund VI-A,
L.P., Vista Equity Partners Fund VI, L.P., VFF I AIV IV-A, L.P.,
VFF I AIV IV, L.P., VEPF VI FAF, L.P., VEPF IV AIV VII-A, L.P.,
VEPF IV AIV VII, L.P., VEPF III AIV VI-A, L.P., VEPF III AIV VI,
L.P., Sam Payton, Rajeev Aggarwal, Nicolas Stahl, Maneet Saroya,
David Breach, Betty Hung, Case No. 2024-0299 (Del. Chancery Ct.,
March 25, 2024).
The case type is stated as "Breach of Fiduciary Duties."
Vista Equity Partners -- https://www.vistaequitypartners.com/ -- is
an American private equity firm that invests in software, data, and
technology-enabled businesses.[BN]
The Plaintiff is represented by:
Ned Weinberger, Esq.
LABATON KELLER SUCHAROW LLP-DELAWARE
222 Delaware Ave Ste 1510
Wilmington, DE 19801
Phone: (302) 573-6938
Email: nweinberger@labaton.com
VOSA SPIRITS: Morgan Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Vosa Spirits, LLC.
The case is styled as Paradise Morgan, individually and as the
representative of a class of similarly situated persons v. Vosa
Spirits, LLC, Case No. 1:24-cv-02035-VSB (S.D.N.Y., March 19,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Vosa Spirits -- https://vosaspirits.com/ -- crafts exceptional
lines of canned cocktails using premium spirits, all natural
ingredients and high quality formulation.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
WALMART INC: Class Action Settlement in Haro Suit Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as AMADO HARO and ROCHELLE
ORTEGA, On Behalf of Themselves and All Others Similarly Situated,
v. WALMART, INC., Case No. 1:21-cv-00239-KES-SKO (E.D. Cal.), the
Hon. Judge Sheila K. Oberto entered an order granting unopposed
motion for preliminary approval of class action settlement and
conditional certification of settlement class.
1. The Plaintiffs Amado Haro and Rochelle Ortega's unopposed
motion
for preliminary approval of a class action settlement is
granted.
2. The proposed settlement is approved on a preliminary basis as
fair and adequate.
3. For settlement purposes, the Court grants class certification
under Rule 23 on behalf of the following individuals:
"all individuals who worked at a Walmart retail store in
California as a nonexempt store employee at any point
between
April 10, 2020, and Feb. 6, 2023" (the "California
Class")."
4. For settlement purposes, the Court grants collective
certification under 29 U.S.C. section 216(b) of the Fair
Labor
Standards Act on behalf of the following individuals:
"all individuals who worked at a Walmart retail store in
California as a nonexempt store employee at any point
between
April 10, 2020 and Feb. 6, 2023 and all individuals who
submitted FLSA opt-in forms in this Action on or before
Sept. 10, 2023" (the "FLSA Class")."
5. Don Foty of Hodges & Foty, LLP is appointed as counsel for
the
Class.
6. Haro and Ortega are appointed as the Class Representatives
for
settlement purposes.
7. The forms "Notice of Class Action and FLSA Settlement" and
"FLSA
Opt-In Form" are approved.
8. The deadline for the Settlement Administrator to file a
declaration attaching a copy of the notices ultimately sent
to
the classes and describing the notice process is May 20,
2024.
9. The deadline for filing the motion for attorney's fees,
costs,
and service award is May 20, 2024.
10. The deadline for class members to object to the proposed
settlement and/or the motion for attorney's fees, costs, and
service award is June 20, 2024.
11. The Plaintiffs shall file their motion for final approval of
the
proposed settlement by July 20, 2024.
In 2020, the Defendant implemented a company-wide policy requiring
all hourly paid employees to pass a COVID-19 health screening
before clocking in for a shift.
In this lawsuit, the Plaintiff contends that five minutes' worth of
pay was insufficient to compensate employees for time spent on the
screening process because it did not account for the time spent
walking from the testing area to the time clocks. Walmart counters
that this time was not compensable, or if it was, the five minutes
Walmart automatically paid was sufficient, and any employee could
have reported the additional time to Walmart and received payment.
The Plaintiffs alleges (1) failure to pay all wages, (2) failure to
pay overtime, (3) failure to provide itemized wage statements, and
a (4) failure to provide wages upon separation of employment, all
in violation of the California Labor Code.
The Plaintiffs filed this lawsuit as a collective action under the
Fair Labor Standards Act and as a Rule 23 class action under the
California Labor Code.
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores.
A copy of the Court's order dated March 18, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=IaycvQ at no extra
charge.[CC]
WALMART INC: Guzman Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Walmart, Inc. The
case is styled as Jaime Guzman, individually, and on behalf of all
others similarly situated v. Walmart, Inc., Case No. 24CV068489
(Cal. Super. Ct., Alameda Cty., March 20, 2024).
The case type is started as "Fraud (No Contract)."
Walmart Inc. -- https://www.walmart.com/ -- is an American
multinational retail corporation that operates a chain of
hypermarkets, discount department stores, and grocery stores in the
United States, headquartered in Bentonville, Arkansas.[BN]
WELLS FARGO BANK: Kennedy Suit Removed to E.D. Wisconsin
--------------------------------------------------------
The case captioned as Clarissa Kennedy, individually and on behalf
of all others similarly situated v. WELLS FARGO BANK, N.A., Case
No. 2024CV001486 was removed from the Circuit Court, Civil
Division, Milwaukee County, Wisconsin, to the United States
District Court for the Eastern District of Wisconsin on March 21,
2024, and assigned Case No. 2:24-cv-00347-WED.
In her Complaint, Plaintiff alleges four claims for violations of
the Electronic Fund Transfer Act ("EFTA") and one claim for
violation of the Wisconsin Consumer Credit Protection Act ("WCA")
against Wells Fargo.[BN]
The Defendants are represented by:
Blaec Croft, Esq.
MCGUIREWOODS LLP
Tower Two-Sixty
260 Forbes Avenue, Suite 1800
Pittsburgh, PA 15222
Phone: (412) 667-6057
Facsimile: (412) 402-4187
Email: bcroft@mcguirewoods.com
WELLS FARGO: Class Certification Bid Filing Due Jan. 24
-------------------------------------------------------
In the class action lawsuit captioned as GEOFF WINKLER, v. WELLS
FARGO BANK, N.A., Case No. 2:23-cv-00703-GMN-NJK (D. Nev.), the
Hon. Judge Nancy Koppe resets deadlines as follows:
-- Expert disclosures: Oct. 31, 2024
-- Fact discovery cutoff: Dec. 5, 2024
-- Rebuttal expert disclosures: Dec. 5, 2024
-- Expert discovery cutoff: Jan. 10, 2025
-- Class certification deadline: Jan. 24, 2025
-- Dispositive motion deadline: Apr. 23, 2025
-- Joint proposed pretrial order: May 23, 2025, or 30 days after
resolution of dispositive
motions
The Plaintiffs contend that more time is needed for expert
disclosures. The Defendant's opposition to that request appears to
stem mostly from the case management structure issues, which are
being resolved in Defendant's favor.
The Defendant's other, half-hearted, assertions concerning
Plaintiffs’ need for more time are not sufficient to cut off the
process at this juncture.
Wells Fargo operates as a full-service bank. The Bank accepts
deposits, makes loans, issues credit cards, and provides other
financial services.
A copy of the Court's order dated March 19, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=AG1FXk at no extra
charge.[CC]
WFS EXPRESS INC: Winiecki Suit Removed to E.D. California
---------------------------------------------------------
The case captioned as Robert Winiecki, an individual, on behalf of
himself and all others similarly situated v. WFS EXPRESS, INC., a
Delaware corporation; and DOES 1 to 50, Case No. 24CV003061 was
removed from the Superior Court of the State of California for the
County of Sacramento, to the United States District Court for the
Eastern District of California on March 25, 2024, and assigned Case
No. 2:24-at-00366.
The Complaint purports to state causes of action for: "Failure to
Pay All Minimum Wages"; "Failure to Pay All Overtime Wages";
"Failure to Provide Rest Periods and Pay Missed Rest Period
Premiums"; "Failure to Provide Meal Periods and Pay Missed Meal
Period Premiums"; "Failure to Maintain Accurate Employment
Records"; "Failure to Pay Wages Timely during Employment"; "Failure
to Pay All Wages Earned and Unpaid at Separation"; "Failure to
Furnish Accurate Itemized Wage Statements"; and "Violation of
California’s Unfair Competition Law.[BN]
The Defendants are represented by:
James C. Fessenden, Esq.
Lauren M. Guggisberg, Esq.
FISHER & PHILLIPS LLP
4747 Executive Drive, Suite 1000
San Diego, CA 92121
Phone: (858)597-9600
Facsimile: (858)597-9601
Email: jfessenden@fisherphillips.com
lguggisberg@fisherphillips.com
- and -
Gregory L. Blueford, Esq.
FISHER & PHILLIPS LLP
621 Capitol Mall, Suite 1400
Sacramento, CA 95814
Phone: (916)210-0400
Facsimile: (916)210-0401
Email: gblueford@fisherphillips.com
WILLIAM PINTAS: Mey Files TCPA Suit in N.D. West Virginia
---------------------------------------------------------
A class action lawsuit has been filed against William Pintas, et
al. The case is styled as Diana Mey, on behalf of herself and a
class of others similarly situated v. William Pintas, P&M Law Firm,
LLC, P&M Law Firm (PR), LLC, Reliance Litigation LLC, James Ryder
Interactive LLC, Case No. 5:24-cv-00055-JPB (N.D.W. Va., March 19,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
William Pintas leads one of the largest partnering personal injury
firms in North America representing tens of thousands of
clients.[BN]
The Plaintiff is represented by:
Andrew C. Robey, Esq.
HISSAM FORMAN DONOVAN RITCHIE PLLC
707 Virginia Street, East, Suite 260
Post Office Box 3983
Charleston, WV 25301
Phone: (681) 265-3802
Fax: (304) 982-8056
Email: arobey@hfdrlaw.com
- and -
Ryan McCune Donovan, Esq.
HISSAM FORMAN DONOVAN RITCHIE PLLC
PO Box 3983
Charleston, WV 25339
Phone: (681) 265-3802
Email: rdonovan@hfdrlaw.com
YANKEE CANDLE: Wilkins APA Suit Removed to E.D. Pennsylvania
------------------------------------------------------------
The case styled as Andrew Wilkins, on behalf of himself and all
other similarly situated v. The Yankee Candle Company, Inc., Case
No. 23-09545-TT was removed from the Court of Common Pleas of
Chester County, to the U.S. District Court for the Eastern District
of Pennsylvania on March 22, 2024.
The District Court Clerk assigned Case No. 2:24-cv-01240 to the
proceeding.
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Yankee Candle Company, Inc., doing business as Yankee Candle --
http://www.yankeecandle.com/-- is an American manufacturer and
retailer of scented candles, candleholders, accessories, and
dinnerware.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Andrew Addison Mathias, Esq.
Konstantine Peter Diamaduros, Esq.
MAYNARD NEXSEN
104 South Main Street, Suite 900
Greenville, SC 29601
Phone: (864) 282-1195
Fax: (864) 477-2697
Email: AMathias@maynardnexsen.com
KDiamaduros@maynardnexsen.com
ZENLEADS INC: Wilhelm Files Placeholder Bid for Class Certification
-------------------------------------------------------------------
In the class action lawsuit captioned as MATTHEW WILHELM, an Ohio
citizen, individually and as a representative of a class of
similarly-situated persons, v. ZENLEADS, INC. d/b/a Apollo.io, a
Delaware corporation, Case No. 1:24-cv-00506-BMB (N.D. Ohio), the
Plaintiff asks the Court to enter an order granting Plaintiff's
"placeholder" motion for class certification to protect against any
potential attempt by the Defendant to moot his claims through the
tendering of individual relief.
The Plaintiff files the motion to prevent a "pick-off" of his
claims. The Plaintiff proposes the following class definition:
"All current and former Ohio residents who are not subscribers
to
Apollo's platform and whose name and/or identity are used to
market
paid subscriptions for Apollo's platform."
The proposed class meets the requirements of Rules 23(a), (b)(2),
(b)(3), and (g), Wilhelm said. The Plaintiff requests that
following discovery and further briefing, the Court certify the
class, appoint the Plaintiff as the class representatives, and
appoint the Plaintiff's attorneys as class counsel.
Zenleads designs and develops software.
A copy of the Plaintiff's motion dated March 19, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=CleVkN at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan M. Kelly, Esq.
ANDERSON + WANCA
3701 W. Algonquin Rd. Ste 500
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
E-mail: rkelly@andersonwanca.com
ZENLEADS INC: Wilhelm Files Suit in N.D. Ohio
---------------------------------------------
A class action lawsuit has been filed against Zenleads, Inc. The
case is styled as Matthew Wilhelm, individually and as a
representative of a class of similarly-situated persons v.
Zenleads, Inc. doing business as: Apollo.io, Case No.
1:24-cv-00506-BMB (N.D. Ohio, March 19, 2024).
The nature of suit is stated as Other P.I. for Injunctive &
Declaratory Relief.
Zenleads, Inc. doing business as Apollo.io --
https://www.apollo.io/ -- is a market sales platform that helps
accelerate the growth of an organization.[BN]
The Plaintiff is represented by:
Ryan M. Kelly, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Ste. 500
Rolling Meadows, IL 60008
Phone: (847) 368-1500
Fax: (847) 368-1501
Email: rkelly@andersonwanca.com
[*] Gordon Rees Sponsors 8th Annual Class Action Conference
-----------------------------------------------------------
Gordon Rees Scully Mansukhani, LLP is a sponsor of the Class Action
Money & Ethics Conference this May.
GRSM, a 1,200+ lawyer firm, is the first and only full-service law
firm in the country with offices in all 50 states. See
https://www.grsm.com/practices for the firm's diverse practice
areas.
Join GRSM and others at the 8th Annual Class Action Money & Ethics
Conference on May 6, 2024. Registration is now open.
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Hook Point;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC
* Simpluris; and
* Tremendous, a payouts platform
CAME 2024 will be held in-person at The Harmonie Club. 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
[*] Miller Kaplan Sponsors 8th Annual Class Action Conference
-------------------------------------------------------------
Miller Kaplan Arase LLP is a sponsor of the Class Action Money &
Ethics Conference this May.
Miller Kaplan -- https://www.millerkaplan.com/ -- is one of the top
certified public accounting firms in the United States, providing
accounting, audit, business management, tax, and consulting
services, with locations in Los Angeles and San Francisco, Calif.;
Seattle, Wash.; Denver, Co.; and Hailey, Idaho.
Join Miller Kaplan and others at the 8th Annual Class Action Money
& Ethics Conference on May 6, 2024. Registration is now open.
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Hook Point;
* Levine Law, LLC;
* Parabellum Capital LLC
* Simpluris; and
* Tremendous, a payouts platform
CAME 2024 will be held in-person at The Harmonie Club. 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
[*] Tremendous Sponsors 8th Annual Class Action Conference
----------------------------------------------------------
Tremendous, a payouts platform, is a sponsor of the Class Action
Money & Ethics Conference this May.
Tremendous -- https://www.tremendous.com/ -- is a payouts platform
that makes it easy for businesses to send money to people.
Tremendous offers recipients more than 2,000 choices from its
global catalog to get their funds how they want them, anywhere in
the world. Thousands of companies, such as Google, Visa, and
Harvard, use Tremendous to pay hundreds of millions of dollars in
employee gifts, research incentives, referral rewards, and much
more. If it isn't payroll, send it with Tremendous.
Join Tremendous and others at the 8th Annual Class Action Money &
Ethics Conference on May 6, 2024. Registration is now open.
This one-day event is also being sponsored by:
* Atticus Administration, LLC;
* Broadridge, a global Fintech company;
* Darrow.ai;
* Davis Wright Tremaine LLP, an Am Law 100 firm;
* Duane Morris LLP, an Am Law 100 firm;
* Giftogram;
* Gordon Rees Scully Mansukhani, LLP;
* Hook Point;
* Levine Law, LLC;
* Miller Kaplan Arase LLP;
* Parabellum Capital LLC; and
* Simpluris
CAME 2024 will be held in-person at The Harmonie Club. 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
[] Free Webinar on AI, Crypto Class Actions on April 4
------------------------------------------------------
Beard Group Inc. is hosting a FREE Class Action Webinar on Thurs.,
April 4th from 1:00-2:30 pm ET! SIGN UP TODAY!
The Webinar will cover two of the biggest topics of the year:
* The Rise In Artificial Intelligence Class Action
Litigations; and
* a Behind-The-Scenes Look at the Latest Crypto Class Action
Cases
The Webinar will be featuring:
* Gerald L. Maatman, Jr., Partner at Duane Morris LLP;
* Baldo Vinti, Partner at Proskauer Rose LLP;
* Jeff Warshafsky, Partner at Proskauer Rose LLP;
* Jennifer Yang, Senior Counsel at Proskauer Rose LLP;
* Candace Smith, Of Counsel at Herman Jones; and
* Lauren Humphries, Counsel at Buchanan Ingersol & Rooney PC
Register for FREE here https://lnkd.in/dZ7vTsCX
This complimentary Webinar is a run-up to the Class Action Money &
Ethics Conference on May 6th at the Harmonie Club in Manhattan. To
register for CAME 2024, please visit
https://www.classactionconference.com/
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
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are $25 each. For subscription information, contact
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*** End of Transmission ***