/raid1/www/Hosts/bankrupt/CAR_Public/240424.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, April 24, 2024, Vol. 26, No. 83
Headlines
AIRGAS INC: Powers Sues Over Branch Managers' Unpaid Overtime
AMERICAN SUGAR: Conspires to Fix Granulated Sugar Prices, Suit Says
APPLE INC: Faces Watson Suit Over Smartphone Market Monopoly
BLENDEDTRADITIONS INC: Underpays Direct Care Workers, Ferguson Says
BRISTOL-MYERS SQUIBB: Seeks to Seal Merits Discovery Materials
CHANGE HEALTHCARE: Through the Forest Sues Over Unprotected Info
DAVIDS NATURAL: Schoeps Sues Over Toxic Chemicals in Toothpaste
EQUIFAX INFORMATION: Gross Sues Over Clients' Damaged Credit Scores
FAST BUSINESS: Court Tosses Starling Bid for Class Certification
GEORGE WEISS: Filing for Class Cert. Bid Due Nov. 13
GRIDSUM HOLDING: Xu Awarded Attorneys' Fees & Expenses
HEALTH CAREER: Roberson Suit Seeks Rule 23 Class Certification
HUGO BOSS: Wright Sues Over Unsolicited Text Message Marketing
JDC HEALTHCARE: Response to Lee Class Cert Bid Extended to April 26
JESSIE'S NURSERY: Court Sets Rule 16 Scheduling Conference in DARL
JUICY'S VAPOR: Class Cert Bids Filing Due May 24
KIRIN TRANSPORTATION: Class Cert Bid Referred to Magistrate Judge
KRISTINA LAWSON: Civil Trial Order Entered in Khatibi Class Suit
KROGER CO: Seeks to Seal Plaintiffs' Supporting Memo
LEVEL 3: Court Reinstates Johnson Class Cert Bid
LIBERTY MUTUAL: Turner Seeks to Certify Class Action
LOS ANGELES COUNTY, CA: Court Certifies 3 Classes in Berg Lawsuit
MARK GEARHART: Civil Trial Order Entered in Race Winning Suit
MHF RALPH LLC: Joseph Sues Over Failure to Pay Proper Wages
MICHAEL PRIES: Court Narrows Claims in McCollum Amended Complaint
MICROSOFT CORP: Class Cert. Bid Filing Due May 9, 2025
NEW YORK, NY: Bid to Certify Class Referred to Magistrate Judge
NIKE INC: Seeks Summary Adjudication on Cahill's Claims
NIKE RETAIL: Filing of Class Cert Bid Due August 1
NORTH CAROLINA: Plaintiffs Seek Extension to File Class Cert Bid
NURTURE INC: Court Stays Sanchez Suit Pending Ruling on Class Cert
OLD NAVY LLC: Dalton Files ADA Suit in D. Minnesota
OLDS PRODUCTS: Court Decertifies Quiroga Collective Action
OSF HEALTHCARE: Court Directs Discovery Plan Filing in Hanson Suit
PARAMOUNT COIN: Filing for Class Cert Bid Due August 12
PAXTON MEDIA: Class Settlement in Bowen Gets Initial Nod
PLURALSIGHT INC: Plaintiffs' Bid for Class Certification OK'd
POST ACUTE MEDICAL: Suit Removed to M.D. Pennsylvania
POSTECH FASHION: Love Files TCPA Suit in D. Minnesota
PRATT LLC: Villa Suit Removed to E.D. California
PROJECT E BEAUTY: Fontan Sues Over False Skin Rejuvenation Claims
PRUDENTIAL INSURANCE: Class Cert Bid Filing Due July 22
PUP CULTURE: Villela Seeks Denial of Bid to Disqualify Counsel
RADIOLOGY PARTNERS: Petty Suit Removed to C.D. California
RED & BLUE DICE: Clark Sues Over Unpaid Minimum and Overtime Wages
RETINA CONSULTANTS: Bartek Sues Over Unpaid Overtime Wages
REUTERS NEWS: Collects Users' IP Addresses Without Consent, Xu Says
ROADMASTER DRIVERS: Filing of Class Cert Bid Due May 22
ROCK SPRING: Class Settlement in Rosales Suit Approved
RTB CONSUMER: Class Certification Bid Denied w/o Prejudice
RUSSELL INVESTMENT: Johnson Bid to Seal Docs Nixed
RYDER INTEGRATED: Class Cert Bid Filing Extended to Dec. 30
S.Y.M. INC: Stroude Files ADA Suit in E.D. New York
SALVATION ARMY: Sanchez Files Suit in Cal. Super. Ct.
SANDUSKY, OH: McGory Seeks Class Certification
SANSUM CLINIC: Court Stays Rose Suit Pending Mediation
SAZERAC COMPANY: Filing for Class Cert Bid Extended to May 21
SEROQUEL XR: Direct Purchaser Class Certified in Antitrust Suit
SHAKLEE CORP: Faces Liz Suit Over Blind-Inaccessible Website
SHOGY MARKETPLACE: Faces Velasquez Wage-and-Hour Suit in S.D.N.Y.
SIGNIFY HEALTH: Court Junks ARPI Bid to File Amended Complaint
SKYC MANAGEMENT: Andujar Seeks Conditional Status of Action
SOHO HOTEL OWNER: Anderson Files ADA Suit in E.D. New York
SOUTHSTATE BANK: Clark Files Suit in M.D. Florida
SOUTHSTATE BANK: Dailey Files Suit in M.D. Florida
SOUTHSTATE BANK: Flott Files Suit in M.D. Florida
SOUTHSTATE BANK: Fullwood-Demps Files Suit in M.D. Florida
STATE STREET CORP: Settlement Class in Gomes Initially Certified
SUNPATH LTD: Class Cert Bid Filing in Morales Reset to Sept. 27
T.L. CANNON: Seeks Summary Judgment in Dees Class Action
TAKARA SAKE: Class Cert. Bid Filing in Tunick Extended to Oct. 17
TAKATA CORP: Oral Argument on Class Certification Set for May 29
TAKEYA USA: Boduch Sues Over Severe Burn from Defective Product
TARGET CORPORATION: Panelli Files Suit in Cal. Super. Ct.
TDS TELECOMMUNICATIONS: Mott Seeks to Certify FLSA Class Action
TESLA INC: Brown Sues Over Systematic Mistreatment of Employees
TETRA TECH: Amended Class Settlement Partially Gets Initial OK
TRANSPRO LOGISTICS: Court Directs Discovery Plan Filing in Leonard
TRANSUNION LLC: Faces Gross Suit Over Inaccurate Credit Reporting
UNITED PARCEL: Case Management Order Entered in Wynn Class Suit
UNITED STATES: Clinkenbeard Loses Bid to Certify Class
UNITED STATES: Rubenstein Bid for Class Certification Tossed
UNITED SUGAR: Golden Sues Over Conspiring and Fixing Prices
UNIVERSITY OF CENTRAL OKLAHOMA: Court OK's Class Certification Bid
USHEALTH ADVISORS: Scheduling & Discovery Order Entered in Kraemer
VERIZON CONNECT: Ducos Seeks to Conditionally Certify FLSA Class
WELLS FARGO: Parties Seek More Time to File Opposition & Reply
WESTERN CONFERENCE: Order Modifying Case Schedule Entered in Paieri
WILLARD JACKSON: Court Stays Discovery in Carter Suit
WILLARD JACKSON: Petrescu Seeks to Stay Discovery
XOOM ENERGY: Seeks to Decertify Class in Mirkin Lawsuit
YODLEE INC: Class Cert. Bid Filing in Clark Continued to May 22
*********
AIRGAS INC: Powers Sues Over Branch Managers' Unpaid Overtime
-------------------------------------------------------------
MICHAEL POWERS and LUIS CALLES, individually and on behalf of all
other persons similarly situated, Plaintiffs v. AIRGAS, INC., and
AIRGAS USA, LLC, Defendants, Case No. 2:24-cv-01353 (E.D. Pa.,
April 1, 2024) is a class action against the Defendants seeking to
recover Plaintiffs' unpaid overtime wages for hours worked above 40
in a workweek and liquidated damages pursuant to the Fair Labor
Standards Act.
Plaintiffs Powers and Calles were employed by Airgas as branch
managers from October 2018 to March 2022 in Colorado Springs,
Colorado store and from January 2021 to May 2021 in Merced,
California store, respectively. They worked in excess of 40 hours
per workweek, without receiving wages from Defendants, for all
hours worked, as well as overtime compensation as required by
federal law.
Airgas, Inc. is a U.S. supplier of industrial, medical and
specialty gases, as well as hardgoods and related products.[BN]
The Plaintiffs are represented by:
Jason Conway, Esq.
CONWAY LEGAL, LLC
1700 Market Street, Suite 1005
Philadelphia, PA 19103
Telephone: (215) 278-4782
Facsimile: (215) 278-4807
- and -
Marc S. Hepworth, Esq.
Charles Gershbaum, Esq.
David A. Roth, Esq.
Rebecca S. Predovan, Esq.
HEPWORTH, GERSHBAUM & ROTH, PLLC
192 Lexington Avenue, Suite 802
New York, NY 10016
Telephone: (212) 545-1199
Facsimile: (212) 532-3801
E-mail: mhepworth@hgrlawyers.com
cgershbaum@hgrlawyers.com
droth@hgrlawyers.com
rpredovan@hgrlawyers.com
AMERICAN SUGAR: Conspires to Fix Granulated Sugar Prices, Suit Says
-------------------------------------------------------------------
THE UNION PUBLIC HOUSE, LLC, on behalf of itself and all others
similarly situated, Plaintiff v. AMERICAN SUGAR REFINING, INC., ASR
GROUP INTERNATIONAL, INC., DOMINO FOODS, INC., MICHIGAN SUGAR
COMPANY, UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED
SUGARS CORPORATION, COMMODITY INFORMATION, INC., and RICHARD
WISTISEN, Defendants, Case No. 0:24-cv-01292-JMB-ECW (D. Minn.,
April 11, 2024) is a class action against the Defendants for
violations of Sections 1 of the Sherman Act, Section 16 of the
Clayton Act, and the antitrust, unfair competition, and consumer
protection laws of various states in the U.S.
The case arises from the Defendants' unlawful agreement to
artificially raise, fix, maintain, or stabilize prices of
granulated sugar throughout the Class Period. The Defendants have
implemented their agreement by sharing accurate, competitively
sensitive, non-public information with one another, including
through Commodity. Commodity provided this reciprocal information
to the Defendants rapidly, often within hours of having received
it. The Defendants then used the information they received from
Commodity when deciding how much to charge for their products, says
the suit.
The Union Public House, LLC is a restaurant owner in Pensacola,
Florida.
American Sugar Refining, Inc. is a sugar producer based in West
Palm Beach, Florida.
ASR Group International, Inc. is a global producer and seller of
granulated sugar based in West Palm Beach, Florida.
Domino Foods, Inc. is a marketing and sales subsidiary of ASR Group
in Florida.
Michigan Sugar Company is a cooperative of sugar beet owners,
headquartered in Bay City, Michigan.
United Sugar Producers & Refiners Cooperative, formerly known as
United Sugars Corporation, is a marketing cooperative based in
Edina, Minnesota.
Commodity Information, Inc. is corporation based in Orem, Utah.
[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
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
Email: hmsilton@locklaw.com
jnservais@locklaw.com
jcbourne@locklaw.com
- and -
W. Cameron Stephenson, Esq.
Matthew D. Schultz, Esq.
LEVIN, PAPANTONIO, RAFFERTY, PROCTOR, BUCHANAN, O'BRIEN,
BARR & MOUGEY, P.A.
316 S. Baylen Street, Suite 600
Pensacola, FL 32502
Telephone: (850) 435-7176
Facsimile: (850) 436-6176
Email: cstephenson@levinlaw.com
mschultz@levinlaw.com
APPLE INC: Faces Watson Suit Over Smartphone Market Monopoly
------------------------------------------------------------
JACQUELINE WATSON, individually and on behalf of all others
similarly situated, Plaintiff v. APPLE INC., Defendant, Case No.
2:24-cv-04445 (D.N.J., April 1, 2024) arises from Defendant's
violations of Section 2 of the Sherman Act, citing internal
documents that detail Apple's anticompetitive conduct.
According to the complaint, Apple Inc. has employed anticompetitive
practices to illegally maintain monopoly power over the smartphone
market. Instead of competing on the merits through innovation and
price, Apple sought to trap consumers on its platform, locking them
into iPhone usage and forestalling competing products. Apple
maintained a smartphone monopoly by suppressing five key
technologies that otherwise would have stimulated competition:
Super Apps, Cloud Streaming Game Apps, Messaging Apps,
Smartwatches, and Digital Wallets.
Apple protects its monopoly with a series of restraints that it
could not impose in a competitive market. When customers buy coffee
or pay for groceries, Apple charges a fee for every "tap-to-pay"
transaction, imposing its own costly interchange fee on financial
institutions. When an iPhone user runs an Internet search, Google
shares some of the advertising revenue generated by the search with
Apple. Consumers like Plaintiff, who purchased iPhones at
supracompetitive prices and have been deprived of innovation in a
competitive smartphone market, suffered harm from Apple's
anticompetitive practices, says the suit.
Apple Inc. is an American multinational corporation and technology
company headquartered in Cupertino, California.[BN]
The Plaintiff is represented by:
Jeffrey B. Gittleman, Esq.
Meghan J. Talbot, Esq.
Zachary A. Pogust, Esq.
POGUST GOODHEAD LLC
161 Washington Street, Suite 250
Conshohocken, PA 19428
Telephone: (610) 941-4204
E-mail: jgittleman@pogustgoodhead.com
mtalbot@pogustgoodhead.com
zpogust@pogustgoodhead.com
- and -
James A. Barry, Esq.
POGUST GOODHEAD LLC
505 S. Lenola Rd., Suite 126
Moorestown, NJ 08057
Telephone: (610) 941-4204
E-mail: jbarry@pogustgoodhead.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
BONI, ZACK & SNYDER LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
BLENDEDTRADITIONS INC: Underpays Direct Care Workers, Ferguson Says
-------------------------------------------------------------------
WILLIAM FERGUSON, individually and on behalf of all others
similarly situated, Plaintiff v. BLENDEDTRADITIONS INC. and TASHA
N. HARRIS, Defendants, Case No. 5:24-cv-00647-JRA (N.D. Ohio, April
11, 2024) is a class action against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standards Act.
Mr. Ferguson was employed by the Defendants as a direct care worker
in Ohio from approximately April 2022 to February 2023.
Blendedtraditions Inc. is for-profit health care provider in
Canton, Ohio. [BN]
The Plaintiff is represented by:
Joseph F. Scott, Esq.
Ryan A. Winters, Esq.
SCOTT & WINTERS LAW FIRM, LLC
50 Public Square, Suite 1900
Cleveland, OH 44113
Telephone: (216) 912-2221
Facsimile: (440) 846-1625
Email: jscott@ohiowagelawyers.com
rwinters@ohiowagelawyers.com
- and -
Kevin M. McDermott II, Esq.
SCOTT & WINTERS LAW FIRM, LLC
11925 Pearl Rd., Suite 310
Strongsville, OH 44136
Telephone: (216) 912-2221
Facsimile: (440) 846-1625
Email: kmcdermott@ohiowagelawyers.com
BRISTOL-MYERS SQUIBB: Seeks to Seal Merits Discovery Materials
--------------------------------------------------------------
In the class action lawsuit captioned as UMB Bank, N.A. v.
Bristol-Myers Squibb Company, Case No. 1:21-cv-04897-JMF
(S.D.N.Y.), the Defendant asks the Court to enter an order
maintaining under seal the Merits Discovery Materials, and the
portions of UMB's opposition brief discussing those materials,
until 14 days after the deadline for filing summary judgment briefs
in this action, when the issue can be considered again based on the
procedural circumstances that then exist.
In their submissions, both parties have cited or discussed
discovery materials designated confidential under the Stipulation
and Order Governing Confidentiality of Discovery Materials and
Preservation of Privilege that was entered on Aug. 9, 2022.
The Merits Discovery Materials are a fraction of the confidential
discovery materials cited by UMB in its opposition.
Courts also have recognized that selective disclosure out of
context of confidential FDA materials, as in the UMB opposition,
would be more likely to "mislead the public" about liso-cel than to
"serve a general interest in public health or access."
Bristol-Myers is an American multinational pharmaceutical company.
A copy of the Defendant's motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=utfdhg at no extra
charge.[CC]
The Defendant is represented by:
John J. Clarke, Jr., Esq.
DLA Piper LLP (US)
1251 Avenue of the Americas
New York, NY 10020-1104
Telephone: (212) 335-4500
Facsimile: (212) 335-4501
E-mail: john.clarke@us.dlapiper.com
CHANGE HEALTHCARE: Through the Forest Sues Over Unprotected Info
----------------------------------------------------------------
THROUGH THE FOREST COUNSELING INC., individually and on behalf of
all others similarly situated, Plaintiff v. CHANGE HEALTHCARE INC.
and UNITEDHEALTH GROUP INCORPORATED, Defendants, Case No.
3:24-cv-00370 (M.D. Tenn., April 1, 2024) is an action arising out
of Defendants' failure to maintain secure data security systems
leading to alleged devastating consequences nationwide for medical
businesses like Plaintiff's.
On February 22, 2024, UnitedHealth announced that it had
experienced a cybersecurity incident (the "Data Breach"). The
incident has had debilitating effects on the United States
healthcare system, including providers like Plaintiff, which have
been unable to timely collect billions of dollars in payments. The
Data Breach forced Defendants to shut down parts of Change
Healthcare's systems, depriving a large number of providers of the
ability to obtain insurance approval for their services -- meaning
they could not get paid. More than a month after the breach,
certain health care providers have still been unable to collect
payment for services rendered, says the suit.
Change Healthcare is a a healthcare technology company which
processes 15 billion health care transactions annually, including
for service that directly affect patient care and pharmacy
operations.[BN]
The Plaintiff is represented by:
Jerry E. Martin, Esq.
Seth M. Hyatt, Esq.
Matthew E. McGraw, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, PLLC
200 31st Ave. N
Nashville, TN 37203
Telephone: (615) 244-2202
E-mail: jmartin@barrettjohnston.com
shyatt@barrettjohnston.com
mmcgraw@barrettjohnston.com
- and -
Adam E. Polk, Esq.
Jordan Elias, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: apolk@girardsharp.com
jelias@girardsharp.com
DAVIDS NATURAL: Schoeps Sues Over Toxic Chemicals in Toothpaste
---------------------------------------------------------------
ALEXANDRA SCHOEPS and MARLEY STUBBLEFIELD, individually and on
behalf of all others similarly situated, Plaintiffs v. DAVIDS
NATURAL TOOTHPASTE, INC., Defendant, Case No. 4:24-cv-01978 (N.D.
Cal., April 1, 2024) is a class action brought by the Plaintiffs,
on behalf of themselves and other similarly situated consumers who
purchased Davids Antiplaque & Whitening Fluoride-Free Premium
Natural Toothpaste, for Defendant's (1) violation of California's
Unfair Competition Law; (2) violation of the Consumers Legal
Remedies Act; (3) violation of California's False Advertising Law;
(4) fraudulent omission or concealment; (5) fraudulent
misrepresentation; (6) negligent misrepresentation; (7) unjust
enrichment; and (8) breach of express warranty.
According to the complaint, the Defendant made misrepresentations
to Plaintiffs and members of the Classes while suppressing the true
nature of the product. Specifically, by displaying the product and
describing the product as healthy and made with natural and
naturally derived ingredients, including on the product packaging,
on its website, and in its marketing, without disclosing that the
product contain toxic perfluoroalkyl and polyfluoroalkyl
substances, commonly known as PFAS chemicals. As such, Defendant
affirmatively misrepresented the product despite its knowledge that
the Product was not as advertised, says the suit.
Natural Toothpaste, Inc., is a Delaware corporation with its
principal place of business in Menifee, California. The Company
markets and sells its toothpastes, including the product,
throughout California and the United States.[BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Joshua R. Wilner, Esq.
Joshua B. Glatt, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
jwilner@bursor.com
jglatt@bursor.com
EQUIFAX INFORMATION: Gross Sues Over Clients' Damaged Credit Scores
-------------------------------------------------------------------
BRIAN GROSS, on behalf of himself and all other similarly situated,
Plaintiff v. EQUIFAX INFORMATION SERVICES, LLC, Defendant, Case No.
0:24-cv-01289-SRN-DTS (D. Minn., April 11, 2024) is a class action
against the Defendant for violations of the Fair Credit Reporting
Act.
According to the complaint, the Defendant violated the FCRA by
refusing to meaningfully reinvestigate the disputes and continued
reporting the new Fingerhut Fetti accounts despite receiving
numerous disputes from consumers that these new accounts were
opened without permission. The Defendant was aware that Fingerhut
was reporting the opening of thousands of new Fingerhut Fetti
accounts while simultaneously reporting the closing of thousands of
Fingerhut Advantage accounts. Yet, despite this suspicious
activity, the Defendant did not do anything to ensure that the new
Fingerhut Fetti accounts were opened with authorization. Instead,
the Defendant followed a policy of leaving the accuracy of its
credit reporting entirely to its paying customers even when it has
actual knowledge that the reporting is suspicious or unreliable.
As a result of the Defendant's conduct, the Plaintiff and Class
members suffered actual damages including but not limited to
impairment to credit, damage to reputation, emotional distress, and
wasted time, says the suit.
Equifax Information Services, LLC is a consumer reporting agency
doing business throughout the United States, including in
Minnesota. [BN]
The Plaintiff is represented by:
E. Michelle Drake, Esq.
John G. Albanese, Esq.
Ariana B. Kiener, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-599
Facsimile: (612) 584-4470
Email: emdrake@bm.net
jalbanese@bm.net
akiener@bm.net
FAST BUSINESS: Court Tosses Starling Bid for Class Certification
----------------------------------------------------------------
In the class action lawsuit captioned as R'KES STARLING, v. FAST
BUSINESS FINANCIAL, LLC, ET AL., Case No. 4:23-cv-00655-P (N.D.
Tex.), the Hon. Judge Mark Pittman entered an order denying class
certification.
The Court finds class certification would further delay a case that
has already languished for months too long.
On March 6, 2024, the Court extended the Plaintiff's class
certification deadline to April 1, 2024. That was the second such
extension the Court has granted for this case.
The Plaintiff filed this lawsuit in June 2023 but has still not
moved for class certification.
Fast Business provides funding to small businesses in minutes.
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=pIIzFe at no extra
charge.[CC]
GEORGE WEISS: Filing for Class Cert. Bid Due Nov. 13
----------------------------------------------------
In the class action lawsuit captioned as Andrew-Berry v. Weiss, et
al., Case No. 3:23-cv-00978 (D. Conn., Filed July 24, 2023), the
Hon. Judge Omar A. Williams entered an order that Plaintiff's
motion for class certification will be filed on or before Nov. 13,
2024.
The briefing schedule for this motion will follow the usual
timeline as delineated in the Local Rules and the Federal Rules of
Civil Procedure, but the parties may move to modify the schedule
when the motion is filed.
Additionally, the parties are instructed to submit a joint status
report on or before June 30, 2024, indicating the status of their
mediation.
The suit alleges violation of the Employee Retirement Income
Security Act (ERISA).[CC]
GRIDSUM HOLDING: Xu Awarded Attorneys' Fees & Expenses
-------------------------------------------------------
In the class action lawsuit captioned as PEIFA XU, Individually and
On Behalf of All Others Similarly Situated, v. GRIDSUM HOLDING
INC., GUOSHENG QI, RAVI SARATHY, MICHAEL PENG ZHANG, and THOMAS
ADAM MELCHER, Case No. 1:18-cv-03655-GHW (S.D.N.Y.), the Hon. Judge
Gregory Woods entered an order awarding attorneys' fees,
reimbursement of expenses, and awards to plaintiffs:
1. This Order incorporates and makes a part of the Stipulation
and
Agreement of Settlement dated December 1, 2023, and all
capitalized terms not defined in this Order shall have the
meaning set forth in the Stipulation.
2. The Plaintiffs' counsel are hereby awarded attorneys' fees in
the amount of 33.3% of the Settlement Fund, or $1,500,000,
together with a proportionate share of the interest earned by
the Settlement Fund, at the same rate as earned by the
balance
of the Settlement Fund, and $309,186.50 in payment for
litigation expenses, plus interest, (which fees and expenses
shall be paid from the Settlement Fund), which sums the Court
finds to be fair and reasonable.
3. In making this award of attorneys’ fees and reimbursement
of
litigation expenses to be paid from the Settlement Fund, the
Court has considered and found that:
a) the Settlement has created a common fund of $4,500,000 in
cash that has been paid into escrow, from which numerous
Settlement Class Members who submit valid Claim Forms will
benefit as a result of the efforts of Plaintiffs' Counsel;
b) the requested attorneys' fees and payment of litigation
expenses have been reviewed and approved as fair and
reasonable by the Plaintiffs who have been directly
involved
in the prosecution and resolution of the Action and who
have
substantial interests in ensuring that any fees and
expenses
paid to counsel are duly earned and not excessive;
c) 6,399 copies of the Postcard Notice were disseminated to
putative Settlement Class Members stating that counsel
would
be submitting an application for attorneys' fees in an
amount
not to exceed 33.3% of the Settlement Fund, and payment of
expenses incurred in connection with the prosecution of
this
Action in an amount not to exceed $600,000, plus accrued
interest, and that such application also might include a
request that Plaintiffs be awarded for their time and
effort
incurred in representing the Settlement Class. To date,
no
Settlement Class Members have filed an objection to that
application for fees and expenses;
4. Lead Plaintiff William Barth is hereby awarded $25,000 from
the
Settlement Fund as reimbursement for his reasonable costs and
time dedicated to the prosecution of the Action on behalf of
the
Settlement Class.
5. Plaintiff Xuechen Li is hereby awarded $5,000 from the
Settlement Fund as reimbursement for her reasonable costs and
time dedicated to the prosecution of the Action on behalf of
the
Settlement Class.
Gridsum is a provider of cloud-based big-data analytics and AI
solutions.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=YoeUje at no extra
charge.[CC]
HEALTH CAREER: Roberson Suit Seeks Rule 23 Class Certification
--------------------------------------------------------------
In the class action lawsuit captioned as BRITTANY ROBERSON, REBECCA
FREEMAN, BIANCA VIÑAS, TIFFANY KING, and TRESHA THOMPSON,
individually and on behalf of others similarly situated, v. HEALTH
CAREER INSTITUTE LLC (dba HCI COLLEGE LLC and HCI ACQUISITION LLC),
FLORIAN EDUCATION INVESTORS LLC, and STEVEN W. HART, Case No.
9:22-cv-81883-RAR (S.D. Fla.), the Plaintiffs ask the Court to
enter an order granting Plaintiffs' motion for class certification
and
(i) certifying the Primary Classes and four Subclasses under
Rule
23(b)(3);
(ii) appointing the Named Plaintiffs as class representatives;
and
(iii) appointing the undersigned as class counsel.
The proposed Primary Class is "all students who enrolled in the RN
Program at HCI after Sept. 1, 2019, and did not graduate."
The proposed subclasses are:
"All class members who enrolled in the registered nurses
("RN") Program operating under NCLEX code 704146 (the "WPB
Subclass"), all of whom were injured by the violations
alleged in Count 6";
"All class members who were denied advancement in the RN
Program and/or had their transcripts or other HCI records
withheld or delayed for any period of time as a result of
their RIC balance (the "Withholding Subclass"), all of
whom
were injured by the violations alleged in Count 7";
"All class members who enrolled in the Capstone nursing
course and paid for VATI after Sept. 1, 2019 (the "VATI
Subclass"), all of whom were injured by the violations
alleged in Count 8"; and
"All Black class members who took out federal, private,
and/or institutional student loans to pay for their
education
(the "Targeting Subclass"), all of whom were injured by
the
violations alleged in Counts 9 and 10.
The five Named Plaintiffs and over one thousand putative class
members enrolled in HCI's Associate of Science in Nursing degree
(the "RN Program"), which the Defendants marketed as a flexible
program that would qualify students, upon graduation, to take the
RN licensing examination in two years. But for the putative class,
HCI's RN Program was not a true pathway to the nursing profession.
Between Jan. 6, 2020, and May 8, 2023, 1,439 students enrolled in
the RN Program for the first time, and HCI deemed only 190 of them
-- 13% -- eligible to graduate and sit for the licensure exam. The
rest including the Named Plaintiffs and the putative class—were
caught in a hellish trap, as HCI intentionally and arbitrarily
obstructed their progress through the RN Program, meanwhile
collecting ever-growing amounts of money from them and putting them
in debt.
A copy of the Plaintiffs' motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=GCuRfQ at no extra
charge.[CC]
The Plaintiff is represented by:
Jennifer Thelusma, Esq.
Rebecca Eisenbrey, Esq.
Victoria Roytenberg, Esq.
PROJECT ON PREDATORY STUDENT LENDING
769 Centre Street, Suite 160
Jamaica Plain, MA 02130
Telephone: (617) 390-2669
E-mail: jthelusma@ppsl.org
reisenbrey@ppsl.org
vroytenberg@ppsl.org
- and -
Nicole Mayer, Esq.
MAYER LAW FIRM LLC
171 Dommerich Drive
Maitland, FL 32751
Telephone: (352) 494-3657
E-mail: Nicole@MayerLawFlorida.com
HUGO BOSS: Wright Sues Over Unsolicited Text Message Marketing
--------------------------------------------------------------
LAWRENCE WRIGHT, on behalf of himself and all others similarly
situated, Plaintiff v. HUGO BOSS FASHIONS, INC., Defendant, Case
No. 3:24-cv-00544-KM (M.D. Pa., April 1, 2024) arises out of
Defendant's practice of advertising via unsolicited text message
marketing to individuals on the National Do-Not-Call Registry
without prior express written consent in violation of the Telephone
Consumer Protection Act.
Plaintiff Wright and the classes were damaged because they suffered
an invasion of privacy, aggravation, annoyance, frustration,
distraction, intrusion upon seclusion, and violations of their
substantive statutory rights under the TCPA to remain free of
unsolicited calls and text messages, in addition to using their
cellular data, storage, and battery life, says the suit.
HUGO BOSS Fashions, Inc. provides online clothing. Hugo Boss
Fashions serves customers in the State of New York.[BN]
The Plaintiff is represented by:
Max S. Morgan, Esq.
Eric H. Weitz, Esq.
THE WEITZ FIRM, LLC
1515 Market Street, #1100
Philadelphia, PA 19102
Telephone: (267) 587-6240
Facsimile: (215) 689-0875
E-mail: max.morgan@theweitzfirm.com
eric.weitz@theweitzfirm.com
JDC HEALTHCARE: Response to Lee Class Cert Bid Extended to April 26
-------------------------------------------------------------------
In the class action lawsuit captioned as Lee v. JDC Healthcare
PLLC, Case No. 3:23-cv-01134 (N.D. Tex., Filed May 17, 2023), the
Hon. Judge Ada Brown entered an order granting motion to extend
time as follows:
-- Extend the date for Defendant's response to April 26,
2024
Plaintiff's motion for class certification
to:
-- Designation of Expert(s) by Defendant: April 25,
2024
-- Rebuttal Expert(s): May 16, 2024
-- Challenges to Experts: No change to
the
July 1, 2024
deadline
The suit alleges violation of the Telephone Consumer Protection
Act.
JDC provides health care services.[CC]
JESSIE'S NURSERY: Court Sets Rule 16 Scheduling Conference in DARL
------------------------------------------------------------------
In the class action lawsuit captioned as David Austin Roses
Limited, v. Jessie's Nursery LLC, et al., Case No.
2:24-cv-00372-JJT (D. Ariz.), the Hon. Judge John Tuchi entered an
order setting Rule 16 scheduling conference:
All parties are directed to meet at least 21 days before the
Pretrial Scheduling Conference, in accordance with Fed. R. Civ. P.
26(f), to discuss each of the following matters:
1. The possibility of consent to trial before a United States
Magistrate Judge pursuant to 28 U.S.C. section 636(c), or the
use of any alternative dispute resolution mechanism, or the
referral of this matter to a special master.
2. Any matters relating to jurisdiction, venue, or joinder of
additional parties’
3. The nature and bases of their claims and defenses and the
possibilities for prompt settlement or resolution of the
case.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VmwaqC at no extra
charge.[CC]
JUICY'S VAPOR: Class Cert Bids Filing Due May 24
------------------------------------------------
In the class action lawsuit captioned as BRADY SCHMITENDORF, v.
JUICY'S VAPOR LOUNGE, INC., Case No. 2:22-cv-02293-TC-GEB (D.
Kan.), the Hon. Judge entered a scheduling order as follows:
Event Deadline/Setting
All discovery completed: Apr. 3, 2024
Motions for class certification: May 24, 2024
Response to motion for class June 21, 2024
certification
Reply to motion for class certification July 21, 2024
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=q0rXxw at no extra
charge.[CC]
KIRIN TRANSPORTATION: Class Cert Bid Referred to Magistrate Judge
-----------------------------------------------------------------
In the class action lawsuit captioned as Wang, et al., v. Kirin
Transportation, Inc. et al., Case No. 1:20-cv-05410 (E.D.N.Y.,
Filed Nov 6, 2020), the Hon. Judge Orelia E. Merchant entered an
order referring the Plaintiff's motion to certify class to
Magistrate Judge Merkl for decision.
The suit alleges violation of the Fair Labor Standards Act
(FLSA).[CC]
KRISTINA LAWSON: Civil Trial Order Entered in Khatibi Class Suit
----------------------------------------------------------------
In the class action lawsuit captioned as AZADEH KHATIBI et. al., v.
KRISTINA LAWSON et. al., Case No. 2:23-cv-06195-MRA-E (C.D. Cal.),
the Hon. Judge Monica Ramirez Almadani entered civil trial order as
follows:
-- Fact and Expert Discovery Cut-Offs:
The cut-off date for discovery is not the date by which
discovery
requests must be served; it is the date by which all discovery,
including all hearings on any related motions, must be
completed
-- Discovery Motions
Discovery motions are handled by the magistrate judge assigned
to
the case. Any motion challenging the adequacy of discovery
responses must be filed, served, and calendared before the
assigned magistrate judge sufficiently in advance of the
discovery
cut-off date to permit the responses to be obtained before that
date if the motion is granted.
-- Expert Disclosures
All expert disclosures must be made in writing. The parties
should
begin expert discovery shortly after the initial designation of
experts.
-- Mandatory Chamber's Copies
The parties must deliver to Judge Ramírez Almadani's chambers
copy
box located outside of the Clerk's Office on the fourth floor
of
the courthouse one (1) mandatory Chambers copy (a paper copy
that
is sent to Chambers upon electronic filing of the motion) of
all
filings in connection with Motions for Summary Judgment,
Motions
for Preliminary Injunction, and Motions for Class
Certification.
A copy of the Court's order dated Apr. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=xlFTEq at no extra
charge.[CC]
KROGER CO: Seeks to Seal Plaintiffs' Supporting Memo
-----------------------------------------------------
In the class action lawsuit captioned as JUDY KIRKBRIDE and BEETA
LEWIS, individually and on behalf of all others similarly situated,
v. THE KROGER CO., Case No. 2:21-cv-00022-ALM-EPD (S.D. Ohio), the
Defendant asks the Court to enter an order granting motion to seal
Plaintiffs' supporting memorandum exhibit 81.
The Plaintiffs do not oppose the motion, the Defendant says.
During re-filing of their Memorandum Exhibits pursuant to the
Court's March 29, 2024 Order, the Plaintiffs inadvertently did not
apply all redactions in Memorandum Exhibit 81 to the confidential
information of two third parties as reflected in Kroger's proposed
redactions the Court approved, the Defendant adds.
Kroger is an American retail company that operates supermarkets and
multi-department stores.
A copy of the Defendant's motion dated April 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=jgmE8e at no extra
charge.[CC]
The Defendant is represented by:
Robert Webner, Esq.
Nathaniel Lampley, Jr., Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
52 East Gay Street
Columbus, OH 43215
Telephone: (614) 464-6400
Facsimile: (614) 464-6350
E-mail: rnwebner@vorys.com
NLampley@vorys.com
- and -
Selina Coleman, Esq.
Frederick Robinson, Esq.
Andrew Y. Lu, Esq.
Michael S. Leib, Esq.
REED SMITH LLP
1301 K Street, N.W., Suite 1000 – East Tower
Washington, DC 20005
Telephone: (202) 414-9200
Facsimile: (202) 414-9299
E-mail: scoleman@reedsmith.com
frobinson@reedsmith.com
andrew.lu@reedsmith.com
mleib@reedsmith.com
LEVEL 3: Court Reinstates Johnson Class Cert Bid
------------------------------------------------
In the class action lawsuit captioned as Johnson v. Level 3
Communications, LLC, Case No. 9:22-cv-81066 (S.D. Fla., Filed July
21, 2022), the Hon. Judge Bruce E. Reinhart entered an order
granting Plaintiff's motion to reinstate the motion for conditional
class certification.
The nature of suit alleges violation of the Fair Labor Standards
Act (FLSA).
Level 3 Communications was an American multinational
telecommunications and Internet service provider company.[CC]
LIBERTY MUTUAL: Turner Seeks to Certify Class Action
----------------------------------------------------
In the class action lawsuit captioned as THOMAS TURNER, an
individual, on behalf of himself and other similarly situated, v.
LIBERTY MUTUAL RETIREMENT BENEFIT PLAN; LIBERTY MUTUAL MEDICAL
PLAN; LIBERTY MUTUAL RETIREMENT BENEFIT PLAN RETIREMENT BOARD;
LIBERTY MUTUAL GROUP INC., a Massachusetts company; LIBERTY MUTUAL
INSURANCE COMPANY, a Massachusetts company; and, DOES 1 through 50,
inclusive, Case No. 1:20-cv-11530-FDS (D. Mass.), the Plaintiff
asks the Court to enter an order pursuant to Federal Rule of Civil
Procedure 23 to:
1. Certify this case as a class action with the class defined
as:
"Former grandfathered employees of Safeco corporation and
subsidiaries transitioning to Liberty Mutual on Jan. 1, 2009
who
were not or will not be given both: (A) credit for purposes
of
eligibility and cost sharing for their grandfathered age and
service points as of Dec. 31, 2004 (their "Safeco
Grandfathered
Credit"), and (B) credited service for employment with
Liberty
Mutual (their "Liberty Mutual Credit").
2. Appoint the Plaintiff Thomas as the Class Representative;
and
3. Appoint the law firms of Nicholas & Tomasevic, LLP and
Winters
& Associates as class counsel.
Liberty Mutual is a single-employer-defined benefit corporate
pension plan based in Boston, Massachusetts.
A copy of the Plaintiff's motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=xDHyMh at no extra
charge.[CC]
The Plaintiff is represented by:
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
E-mail: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
- and -
Jack B. Winters, Jr., Esq.
Sarah Ball, Esq.
WINTERS & ASSOCIATES
8489 La Mesa Blvd.
La Mesa, CA 91942
Telephone: (619) 234-9000
Facsimile: (619) 750-0413
E-mail: jackbwinters@earthlink.net
sball@einsurelaw.com
- and -
Gordon E. Meyer, Esq.
GORDON E. MEYER & ASSOCIATES, P.C.
8 Winchester Street
Boston, MA 02116
Telephone: (617) 482-2377
E-mail: gordon@gmeyerlaw.com
- and -
Michelle M. Meyers, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street, Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
Facsimile: (619) 255-1515
E-mail: mmeyers@singletonschreiber.com
LOS ANGELES COUNTY, CA: Court Certifies 3 Classes in Berg Lawsuit
-----------------------------------------------------------------
In the class action lawsuit captioned as KRIZIA BERG, ET AL., v.
COUNTY OF LOS ANGELES, and SHERIFF ALEX VILLANUEVA, in his
individual and official capacities, Case No. 2:20-cv-07870-DMG-PD
(C.D. Cal.), the Hon. Judge Dolly Gee entered an order granting the
Plaintiffs' motion for class certification as follows:
1. The Court certifies the following classes:
Injunctive Relief Class
"All persons who have in the past participated, presently are
participating, or may in the future participate in, or be
present at, demonstrations within the jurisdiction of the
County of Los Angeles Sheriff's Department ("LASD") in the
exercise of their rights of free speech, assembly and
petition
in general, and particularly as it relates to protesting
police
violence and/or discrimination."
Arrest Class
"All persons present at or during the aftermath of protests
against police misconduct on June 3, 2020 and June 21, 2020,
who
were arrested by the LASD on misdemeanor charges of failure
to
obey a curfew or failure to disperse and who were subjected
to
prolonged hand-cuffing, detained in crowded LASD vehicles,
and
denied access to bathrooms and water."
Direct Force Class
"All persons present at or during the aftermath of protests
regarding the killing of George Floyd in the County of Los
Angeles, and similar protests against police misconduct on
May 30, June 21, Aug. 25, Sept. 5, 6, 7, 8, 11, 19 and 25,
2020
and June 12, 2021 who were engaged in peaceful protest and/or
observing the proceedings and were subjected to force with
so-
called "less-lethal weapons," such as rubber bullets or
projectiles, tear gas, or similar chemical agents, flashbangs
and/or other similar munitions, by LASD deputies."
2. The Court certifies the following class representatives:
Injunctive Relief Class:
Diana Barbadillo, Krizia Berg, Keyanna Bean, Grace Bryant,
Noelani del Rosario-Sabet, Taegen Meyer, Serena Militante,
Christian Monroe, Joe Mischo, Jillian O'Neil, Shakeer Rahman,
David Ramirz, Jessica Rogers, Vishal Singh, Austin Tharpe,
and
Devon Young
Arrest Class:
Krizia Berg, Serena Militante, Grace Bryant, Noelani del
Rosario-Sabet, Travis Wells, Christian Monroe, and Austin
Tharpe.
Direct Force Class:
Shakeer Rahman, Vishal Singh, Diana Barbadillo, Jillian
O'Neil,
Jessica Rogers, Devon Young, Linda Jiang, Taegen Meyer,
Keyanna
Bean, Austin Tharpe, David Ramirez, and Joe Mischo
3. The court appoints the following individuals as class
counsel:
Michael D. Seplow, Paul Hoffman, and John Washington of
Schonbrun, Seplow, Harris, Hoffman, and Zeldes, LLP; Arnoldo
Casillas of Casillas and Associates; Colleen M. Mullen of
McElroy Parris Trial Lawyers, APLC; and Morgan Ricketts and
Rebecca Brown of Hadsell, Stormer, Renick & Dai, LLP.
4. By April 19, 2024, the parties shall file a Joint Status
Report
regarding their plans for the provision of class notice.
On Sept. 22, 2020, the Plaintiffs filed an ex parte application for
Temporary Restraining Order ("TRO") against the Defendants. The
Plaintiffs sought to enjoin LASD from the "indiscriminate" use of
(1) "less-lethal" projectiles on crowds of protesters if there is
no immediate threat and no order to disperse with time to comply
and (2) chemical agents or irritants to disperse or control crowds
of protesters without adequate warnings and time to comply. The
Court denied the TRO and set an expedited briefing schedule for a
motion for preliminary injunction.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZrGHtV at no extra
charge.[CC]
MARK GEARHART: Civil Trial Order Entered in Race Winning Suit
-------------------------------------------------------------
In the class action lawsuit captioned as RACE WINNING BRANDS, INC.,
v. MARK GEARHART, Case No. 8:22-cv-01446-MRA-DFM (C.D. Cal.), .),
the Hon. Judge Monica Ramirez Almadani entered civil trial order as
follows:
-- Fact and Expert Discovery Cut-Offs:
The cut-off date for discovery is not the date by which
discovery
requests must be served; it is the date by which all discovery,
including all hearings on any related motions, must be
completed
-- Discovery Motions
Discovery motions are handled by the magistrate judge assigned
to
the case. Any motion challenging the adequacy of discovery
responses must be filed, served, and calendared before the
assigned magistrate judge sufficiently in advance of the
discovery
cut-off date to permit the responses to be obtained before that
date if the motion is granted.
-- Expert Disclosures
All expert disclosures must be made in writing. The parties
should
begin expert discovery shortly after the initial designation of
experts.
-- Mandatory Chamber's Copies
The parties must deliver to Judge Ramírez Almadani's chambers
copy
box located outside of the Clerk's Office on the fourth floor
of
the courthouse one (1) mandatory Chambers copy (a paper copy
that
is sent to Chambers upon electronic filing of the motion) of
all
filings in connection with Motions for Summary Judgment,
Motions
for Preliminary Injunction, and Motions for Class
Certification.
A copy of the Court's order dated Apr. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=5okWNF at no extra
charge.[CC]
MHF RALPH LLC: Joseph Sues Over Failure to Pay Proper Wages
-----------------------------------------------------------
Christina Joseph, on behalf of herself and all others similarly
situated v. MHF RALPH LLC, MHF MGMT, LLC, MHF MGMT II LLC, MHF MGMT
3 LLC, MHF REMSEN LLC, MHF NEW WINDSOR LLC, MHF MILLER PLACE LLC,
MHF MANORVILLE LLC, MHF HIGHLAND LLC, MHF ELLENVILLE LLC, MHF
CHESTER, LLC, MHF CATSKILL LLC, MHF 86 LLC, MHF 79 LLC, MHF 5TH
AVE, LLC, MHF MONTICELLO, LLC, and ASHISH PARIKH, individually,
Case No. 153078/2024 (N.Y. Sup. Ct., New Yotk Cty., April 3, 2024),
is brought for violations of the New York State Labor Law ("NYLL"),
the New York Code of Rules and Regulations ("NYCRR"), The New York
Wage Theft Prevention Act, The New York City Administrative Code
("Fair Workweek Law"), as a result of the Defendants failure to pay
the Plaintiff proper wages.
During the course of her employment, Defendants required Plaintiff
to work shifts spanning two calendar days and with less than 11
hours between the shifts ("clopening"). The Plaintiff did not
consent in writing to working clopening shifts. The Defendants did
not pay Plaintiff an additional $100 premium for each clopening
shift.
The Plaintiff was required by Defendants to work shifts that began
and ended more than 10 hours apart in one day without being paid
one extra hour's pay at minimum wage for every day in which the
interval between their start and end times exceeded ten hours
("spread of hours").
When Plaintiff worked a spread of hours shift, she was entitled to
be paid an additional hour at the minimum wage. Defendants failed
to pay Plaintiff this additional hour for spread of hours shifts.
When Defendants first hired Plaintiff, they did not provide her
with a good faith estimate of the hours, dates, times, and
locations of their expected regular schedule in violation of N.Y.C.
Admin. Code, says the complaint.
The Plaintiff was employed by Defendants as a Fast Food Employee as
defined in the Hospitality Industry Wage Order.
MHF RALPH LLC is a domestic corporation organized pursuant to the
laws of the State of New York with a location or multiple locations
throughout New York State and/or New York City.[BN]
The Plaintiff is represented by:
Mark Gaylord, Esq.
BOUKLAS GAYLORD LLP
357 Veterans Memorial Highway
Commack, NY 11725
Phone: (516) 742-4949
Email: mark@bglawny.com
MICHAEL PRIES: Court Narrows Claims in McCollum Amended Complaint
-----------------------------------------------------------------
In the class action lawsuit captioned as JOHNNIE MCCOLLUM, v.
MICHAEL H.W. PRIES, et al., Case No. 1:22-cv-01710-SHR-SM (M.D.
Pa.), the Hon. Judge Sylvia H. Rambo entered an order granting in
part and denying in part the Defendants' motion to dismiss
Plaintiff's amended complaint.
On Oct. 28, 2022, while the Plaintiff was incarcerated as a
pretrial detainee at Dauphin County Prison in Harrisburg, he filed
a complaint pursuant to 42 U.S.C. section 1983 against thirteen
Defendants.
In his complaint, the Plaintiff alleged that the events giving rise
to his claims occurred while he was incarcerated as a pretrial
detainee at the Prison and generally concerned the following two
(2) categories: lockdowns and access to religious material.
The Plaintiff, a convicted and sentenced state prisoner is
currently in the custody of the Pennsylvania Department of
Corrections.
A copy of the Court's memorandum dated April 2, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=be61QH at no extra
charge.[CC]
MICROSOFT CORP: Class Cert. Bid Filing Due May 9, 2025
------------------------------------------------------
In the class action lawsuit captioned as JANE DOE, individually and
on behalf of others similarly situated, v. MICROSOFT CORPORATION,
et al., Case No. 2:23-cv-00718-JCC (W.D. Wash.), the Hon. Judge
John Coughenour entered an order establishing the following case
schedule:
Event Date
Joinder of additional parties: March 26, 2025
Deadline to amend pleadings and/or March 26, 2025
add parties:
Deadline for Plaintiff to serve expert Feb. 28, 2025
report(s) relevant for class certification:
Deadline for Defendants to serve expert Feb. 28, 2025
report(s) relevant for class certification:
Deadline for any rebuttal expert report(s) Mar. 20, 2025
relevant for class certification:
Plaintiff's motion for class certification: May 9, 2025
Defendants' response to motion for June 27, 2025
class certification
Plaintiff's reply in support of class July 19, 2025
certification
The Court will set the remaining dates, including a discovery
cutoff, after its ruling on Plaintiff's motion for class
certification
Microsoft is an American multinational corporation and technology
company.
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=aK7aEg at no extra
charge.[CC]
NEW YORK, NY: Bid to Certify Class Referred to Magistrate Judge
---------------------------------------------------------------
In the class action lawsuit captioned as Teagle, et al., v. The
City of New York, et al., Case No. 1:19-cv-07211 (E.D.N.Y., Filed
Dec. 23, 2019), the Hon. Judge Dora Lizette Irizarry entered an
order referring motion to certify class to Magistrate Judge Taryn
A. Merkl for report and recommendations.
The nature of suit states employment discrimination.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.[CC]
NIKE INC: Seeks Summary Adjudication on Cahill's Claims
-------------------------------------------------------
In the class action lawsuit captioned as KELLY CAHILL et al., v.
NIKE, INC., an Oregon Corporation, Case No. 3:18-cv-01477-JR (D.
Or.), the Defendant moves the Court for summary adjudication on
named Plaintiff Kelly Cahill's second and third Claims for Relief
under Title VII of the Civil Rights Act of 1964.
In compliance with Local Rule 7-1, Nike made a good faith effort to
confer with Cahill's counsel in order to resolve the dispute and
have been unable to do so.
As set forth fully in the accompanying legal memorandum, all of
Cahill's Title VII claims are barred for failure to exhaust
administrative remedies and, therefore, fail as a matter of law.
Accordingly, no triable issues exist with respect to Cahill's Title
VII claims and summary adjudication in favor of Nike is warranted.
In support of this motion, Nike relies on its Legal Memorandum and
the Declaration of Felicia A. Davis in support of its Motion for
Summary
Adjudication that contains the portions of the record relied upon
and cited in the Legal Memorandum.
Cahill's second and third Claims for Relief under Title VII (each
alleging gender discrimination) require her to timely file a charge
with the Equal Employment Opportunity Commission ("EEOC"). The
charge must be filed within 300 days of the allegedly unlawful
discrimination. Cahill did not do so. In fact, Cahill failed to
file a charge with the EEOC at all.
As a result, under black letter law, the Court lacks jurisdiction
over these claims because she failed to exhaust her administrative
remedies.
Nike is an American athletic footwear and apparel corporation
A copy of the Defendant's motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=wemT6E at no extra
charge.[CC]
The Defendant is represented by:
Felicia A. Davis, Esq.
Daniel Prince, Esq.
PAUL HASTINGS LLP
515 South Flower Street, Twenty-Fifth Floor
Los Angeles, CA 90071-2228
Telephone: (213) 683-6000
Facsimile: (213) 627-0705
E-mail: feliciadavis@paulhastings.com
danielprince@paulhastings.com
- and -
Laura E. Rosenbaum, Esq.
STOEL RIVES LLP
760 SW Ninth Avenue, Suite 300
Portland, OR 97205
Telephone: (503) 224-3380
Facsimile: (503) 220-2480
E-mail: laura.rosenbaum@stoel.com
NIKE RETAIL: Filing of Class Cert Bid Due August 1
--------------------------------------------------
In the class action lawsuit captioned as Jones, et al., v. Nike
Retail Services, Inc., Case No. 2:22-cv-03343 (E.D.N.Y., Filed June
6, 2022), the Hon. Judge Nina R. Morrison entered an order that:
-- Any motion for class certification must be served by Aug. 1,
2024.
-- The briefing schedule for the motion for class certification
agreed to by the parties is so ordered.
-- The parties are to electronically file a joint proposed
pretrial
order in compliance with the district judge's individual rules,
signed by counsel for each party, on or before Sept. 9, 2024.
-- The April 16, 2024, final conference is adjourned to Sept. 12,
2024 at 12:30 p.m.
The nature of suit states Other Labor Litigation.
Nike is engaged in the retail sale of men's, women's and children's
footwear.[CC]
NORTH CAROLINA: Plaintiffs Seek Extension to File Class Cert Bid
----------------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE 1, a minor, by
and through his parent and natural guardian JANE DOE 1; JOHN DOE 2,
a minor, by and through his parent and natural guardian JANE DOE 2;
JOHN DOE 3, a minor, by and through his parent and natural guardian
JANE DOE 3; on behalf of themselves and all others similarly
situated, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; EDDIE M.
BUFFALOE, JR., Secretary of the North Carolina Department of Public
Safety, in his official capacity; WILLIAM L. LASSITER, Deputy
Secretary of the Division of Juvenile Justice and Delinquency
Prevention, in his official capacity; PETER BROWN, Facility
Director of the Cabarrus
Regional Juvenile Detention Center, in his official capacity, Case
No. 1:24-cv-00017-LCB-JLW (M.D.N.C.), the Plaintiffs ask the Court
to enter an order granting them an extension of time in which to
file a motion for class action determination.
On Feb. 20, 2024, this Court granted a consent motion to extend the
Defendants' responsive pleading deadline to March 21, 2024.
On March 20, 2024, this Court granted a second consent motion to
extend the Defendants' responsive pleading deadline to April 4,
2024.
North Carolina Department of Public Safety is an umbrella agency
that carries out many of the state's law enforcement, emergency
response and homeland security functions.
A copy of the Plaintiffs' motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=snFh2C at no extra
charge.[CC]
The Plaintiffs are represented by:
Robert L. Lindholm, Esq.
Donna O. Tillis, Esq.
Yasmeen Ebbini, Esq.
Michelle Campbell, Esq.
Matthew G. Lindenbaum
NELSON MULLINS RILEY &
SCARBOROUGH, LLP
One Wells Fargo Center, 23rd Floor
301 South College Street
Charlotte, NC 28202
Telephone: (704) 417-3000
E-mail: robert.lindholm@nelsonmullins.com
donna.tillis@nelsonmullins.com
yasmeen.ebbini@nelsonmullins.com
michelle.campbell@nelsonmullins.com
matthew.lindenbaum@nelsonmullins.com
- and -
Michelle Duprey, Esq.
COUNCIL FOR CHILDREN'S RIGHTS
601 E. Fifth Street, Suite 510
Charlotte, NC 28202
Telephone: (704) 943-9642
E-mail: MDuprey@cfcrights.org
The Defendants are represented by:
Orlando L. Rodriguez, Esq.
Matthew Tulchin, Esq.
NORTH CAROLINA DEPARTMENT OF JUSTICE
Raleigh, North Carolina 27602
Telephone: (919) 716-6900
Facsimile: (919) 716-6763
E-mail: mtulchin@ncdoj.gov
orodriguez@ncdoj.gov
NURTURE INC: Court Stays Sanchez Suit Pending Ruling on Class Cert
------------------------------------------------------------------
In the class action lawsuit captioned as MELISSA SANCHEZ and
BEVERLY CASSEL, on behalf of themselves, the general public and
those similarly situated, v. NURTURE, INC., a Delaware Corporation,
Case No. 5:21-cv-08566-EJD (N.D. Cal.), the Hon. Judge Edward J.
Davila entered an order granting Defendant's ex parte application
to stay case:
1. The case is stayed until the Ninth Circuit issues a final
decision on the Rule 23(f) petition regarding the denial of
the
Plaintiffs' motion for class certification without leave to
amend in Howard v. The Hain Celestial Grp., Inc., No.
3:22-cv-
527-VC.
2. The parties shall file a joint status report regarding the
Pendency of the Ninth Circuit petition every 120 days. Within
14
days of the Ninth Circuit's issuance of a final decision in
Howard, the parties shall file a joint status report so
informing the Court. The joint status report shall include a
proposed case schedule.
Nurture is engaged in providing learning and development oriented
programs.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bTpk0n at no extra
charge.[CC]
OLD NAVY LLC: Dalton Files ADA Suit in D. Minnesota
---------------------------------------------------
A class action lawsuit has been filed against Old Navy, LLC. The
case is styled as Julie Dalton, individually and on behalf of all
others similarly situated v. Old Navy, LLC, Case No.
0:24-cv-01158-DSD-DTS (D. Minn., April 4, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Old Navy -- https://oldnavy.gap.com/ -- provides the latest
fashions at great prices for the whole family.[BN]
The Plaintiff is represented by:
Jason D. Gustafson, Esq.
Patrick W. Michenfelder, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
OLDS PRODUCTS: Court Decertifies Quiroga Collective Action
----------------------------------------------------------
In the class action lawsuit captioned as Quiroga v. Olds Products
Co of Illinois, Case No. 2:22-cv-00390 (E.D. Wisc., Filed March 29,
2022), the Hon. Judge Stephen C. Dries entered an order granting
the defendant's motion for decertification.
The Court said that because no individuals opted in by the
deadline, the court decertifies the conditionally certified
collective action. The plaintiff's class certification motion
remains due on May 3, 2024.
The suit alleges violation of the Fair Labor Standards Act.
Olds Products produces and sells mustards.[CC]
OSF HEALTHCARE: Court Directs Discovery Plan Filing in Hanson Suit
------------------------------------------------------------------
In the class action lawsuit captioned as Hanson v. OSF Healthcare
System, Case No. 1:23-cv-01122-MMM-JEH (C.D. Ill.), the Hon. Judge
Jonathan E. Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
OSF is a not-for-profit Catholic health care organization that
operates a medical group, hospital system, and other health care
facilities in Illinois and Michigan.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qDnNTS at no extra
charge.[CC]
PARAMOUNT COIN: Filing for Class Cert Bid Due August 12
-------------------------------------------------------
In the class action lawsuit captioned as MARK MAHONEY, on behalf of
himself and all others similarly situated, v. PARAMOUNT COIN AND
COLLECTIBLES LLC, Case No. 9:24-cv-80032-MD (S.D. Fla.), the Hon.
Judge Melissa Damian entered an order setting trial and pre-trial
schedule, requiring mediation, and referring certain matters to
Magistrate Judge:
The parties shall adhere to the following schedule:
-- The parties shall select a mediator in April 25,
2024
accordance with Local Rule 16.2:
-- The parties shall file all motions to amend May 16, 2024
pleadings or to join parties:
-- Deadline for completing class certification July 15,
2024
Discovery:
-- Plaintiffs file motion for class Aug. 12,
2024
Certification:
-- Parties exchange expert witness Nov. 12,
2024
summaries or reports:
-- Parties exchange rebuttal witness Nov. 25,
2024
summaries or reports.
Paramount Coin offers a wide selection of bullion, shipwreck, and
rare coins.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CqUqQK at no extra
charge.[CC]
PAXTON MEDIA: Class Settlement in Bowen Gets Initial Nod
--------------------------------------------------------
In the class action lawsuit captioned as WILLIAM BOWEN et al., v.
PAXTON MEDIA GROUP, LLC, Case No. 5:21-cv-00143-GNS-LLK (W.D. Ky.),
the Hon. Judge Greg Stivers entered an order granting the
Plaintiffs' unopposed motion for preliminary approval of class
action settlement.
-- The Settlement Class is conditionally certified, solely for
purposes of settlement of the Class Action, pursuant to Fed. R.
Civ. P. 23(a) and (b)(3), and shall consist of:
"All natural persons residing in the United States whose
personal
identifiable information was compromised in the Data Security
Incident that occurred in February and March 2021 and who
received
notice from Paxton Media Group, LLC of that Data Security
Incident.
This is a class action arising from a third-party criminal data
breach of employees' personally identifiable information ("PII") at
the Defendant.
Paxton publishes printed and online news.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9LWxNO at no extra
charge.[CC]
PLURALSIGHT INC: Plaintiffs' Bid for Class Certification OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as INDIANA PUBLIC RETIREMENT
SYSTEM and PUBLIC SCHOOL TEACHERS' PENSION AND RETIREMENT FUND OF
CHICAGO, Individually and on behalf of all others similarly
situated, v. PLURALSIGHT, INC., AARON SKONNARD, and JAMES BUDGE,
Case No. 1:19-cv-00128-DBB-DAO (D. Utah), the Hon. Judge David
Barlow entered an order denying without prejudice the Defendants'
motion to clarify memorandum decision and granting Lead Plaintiffs'
motion for class certification and appointment of Class
Representatives and Class Counsel.
The Defendants are granted leave to refile the motion should the
parties not be able to reach a settlement.
On Jan. 24, 2024, the Defendants filed their motion to clarify
memorandum decision and order granting Lead Plaintiffs' motion for
class certification and appointment of class representatives and
class counsel.
On March 13, 2024, the parties filed a notice of settlement,
indicating that the parties have reached an agreement in
principle.
Pluralsight offers a variety of video training courses for software
developers, IT administrators, and creative professionals.
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=sFmZkv at no extra
charge.[CC]
POST ACUTE MEDICAL: Suit Removed to M.D. Pennsylvania
-----------------------------------------------------
The case styled as John Doe, individually, as personal
representative of the estate of Jane Doe, and on behalf of all
others similarly situated v. Post Acute Medical, LLC doing business
as: PAM Health, Case No. 24-02374 was removed from the Court of
Common Pleas of Cumberland County, to the U.S. District Court for
the Middle District of Pennsylvania on April 1, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00547-CCC to the
proceeding.
The nature of suit is stated as Other P.I.
Post Acute Medical, LLC -- https://www.pamhealth.com/ -- provides
long term acute care and rehabilitation services.[BN]
The Plaintiff is represented by:
James Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue
Freedom Building, Ste. 200
Nashville, TN 37203
Phone: (615) 254-8801
Fax: (615) 250-3937
Email: gstranch@stranchlaw.com
- and -
Lynn Toops, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
- and -
Patrick Howard, Esq.
SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C.
One Liberty Place, 52nd Floor
1650 Market Street
Philadelphia, PA 19103
Phone: (215) 575-3986
Fax: (215) 496-0999
Email: phoward@smbb.com
- and -
Samuel J. Strauss, Esq.
TURKE & STRAUSS, LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Phone: (608) 237-1775
The Defendant is represented by:
Edward J. McAndrew, Esq.
BAKER & HOSTETLER LLP
1735 Market Street, Suite 3300
Philadelphia, PA 19103
Phone: (202) 664-2939
Email: emcandrew@bakerlaw.com
- and -
Nathalie Anne Freeman, Esq.
BAKER & HOSTETLER LLP
1735 Market Street, Suite 3300
Philadelphia, PA 19103
Phone: (402) 802-8101
Email: nfreeman@bakerlaw.com
POSTECH FASHION: Love Files TCPA Suit in D. Minnesota
-----------------------------------------------------
A class action lawsuit has been filed against Postech Fashion, Inc.
The case is styled as Michelle Love, individually and on behalf of
all others similarly situated v. Postech Fashion, Inc. doing
business as: Chicme, Case No. 0:24-cv-01121-JWB-JFD (D. Minn.,
April 2, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Postech Fashion, Inc. doing business as Chic Me --
https://www.chicme.com/en/ -- is a global fashion retailer offering
trendy, body-hugging styles clothing at ultra affordable
prices.[BN]
The Plaintiff is represented by:
Shawn J. Wanta, Esq.
Scott Moriarity, Esq.
WANTA THOME PLC
100 South Fifth Street, Ste. 1200
Minneapolis, MN 55402
Phone: (612) 252-3570
Fax: (612) 252-3571
Email: sjwanta@wantathome.com
samoriarity@wantathome.com
PRATT LLC: Villa Suit Removed to E.D. California
------------------------------------------------
The case captioned as Rigoberto Villa, individually, and on behalf
of all others similarly situated v. PRATT (LATHROP CORRUGATING),
LLC, a Delaware limited liability company; and Does 1 through 10,
inclusive, Case No. STK-CV-UOE-2024-2550 was removed from the
Superior Court of the State of California for the County of San
Joaquin, to the United States District Court for the Eastern
District of California on April 3, 2024, and assigned Case No.
2:24-at-00413.
The Complaint brings putative class claims for alleged: 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:
Jared L Palmer, Esq.
Carolyn B Hall, Esq.
Jenny J Liao, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Phone: 415-442-4810
Facsimile: 415-442-4870
Email: jared.palmer@ogletree.com
carolyn.hall@ogletree.com
jenny.liao@ogletree.com
PROJECT E BEAUTY: Fontan Sues Over False Skin Rejuvenation Claims
-----------------------------------------------------------------
DAVID FONTAN, individually and on behalf of all others similarly
situated, Plaintiff v. PROJECT E BEAUTY, LLC, Defendant, Case No.
4:24-cv-02167 (N.D. Cal., April 11, 2024) is a class action against
the Defendant for violations of the California's Consumers Legal
Remedies Act, California's Consumers Unfair Competition Law, and
California's False Advertising Law, and for breach of express
warranty, breach of implied warranty, and unjust enrichment.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of the Project E
Skin Rejuvenation Photon Mask. According to the complaint, the
Defendant markets and sells the Mask, a light-emitting diode (LED)
light therapy device that purportedly treats various skin
conditions. However, contrary to the Defendant's representations
and warranties, the Mask is not capable of providing the skin
rejuvenating benefits that it purports to provide, as its power
density output is too low to be effective. The Plaintiff and the
Class members would not have purchased the product or would not
have paid as much to purchase it had they known that it was, in
fact, not capable of producing the power density output necessary
to elicit the promised skin rejuvenating effects. The Plaintiff and
the Class members thus suffered monetary damages as a result of the
Defendant's false and deceptive representations and omissions, says
the suit.
Project E Beauty, LLC is a beauty tech company with its principal
place of business in Delaware. [BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Jenna L. Gavenman, Esq.
Joshua R. Wilner, Esq.
Joshua B. Glatt, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
jgavenman@bursor.com
jwilner@bursor.com
jglatt@bursor.com
- and -
Greg Sinderbrand, Esq.
SINDERBRAND LAW GROUP, P.C.
5805 Sepulveda Blvd. #801
Sherman Oaks, CA 91403
Telephone: (818) 370-3912
Email: greg@sinderbrandlaw.com
PRUDENTIAL INSURANCE: Class Cert Bid Filing Due July 22
-------------------------------------------------------
In the class action lawsuit captioned as Parmenter v. The
Prudential Insurance Company of America, et al., Case No.
1:22-cv-10079 (D. Mass., Filed Jan. 20, 2022), the Hon. Judge
Richard G. Stearns entered a pretrial schedule order:
-- Initial disclosures required by Fed. R. Civ. April 26,
2024
P. 26(a)(1) will be completed by:
-- If there is disagreement as to the July 5,
2024
delineation of the plaintiff class,
class discovery will be completed by:
-- Class certification motions will be July 22,
2024
with any opposition by: Aug. 8. 2024
-- All fact discovery will be completed by: Sept. 6,
2024
-- If class discovery and certification Dec. 6,
2024
is necessary, all fact discovery will
be completed by:
The suit alleges violation of the Employee Retirement Income
Security Act (ERISA).
Prudential operates as an insurance company.[CC]
PUP CULTURE: Villela Seeks Denial of Bid to Disqualify Counsel
--------------------------------------------------------------
In the class action lawsuit captioned as ASHLEY VILELLA et al., v
PUP CULTURE LLC, et al., Case No. 1:23-cv-02291-LJL (S.D.N.Y.), the
Hon. Judge Lewis Liman entered an order denying the Defendants'
motion to disqualify counsel.
The Defendants move to disqualify the Lee Litigation Group and
attorney C.K. Lee from representing the Plaintiff, any opt-ins in
this case, and any members of the collective or potential class.
The Court cannot say that LLG and C.K. Lee acted with a lack of
candor to the Court and the evidence falls far short of
establishing that counsel acted unfairly to their adversary.
The Plaintiff filed this case on March 17, 2023, as a putative
collective and class action, complaining of violations of the Fair
Labor Standards Act of 1938 ("FLSA") and the New York Labor Law
("NYLL") against Pup Culture LLC and its owner.
On Sept. 28, 2023, the Plaintiff filed a First Amended Complaint.
On
Nov. 17, 2023, the Court granted the Plaintiff's motion for
conditional certification of the case as a FLSA collective action.
Pup Culture is a dog walking and Pet Sitting company.
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HJTwHF at no extra
charge.[CC]
RADIOLOGY PARTNERS: Petty Suit Removed to C.D. California
---------------------------------------------------------
The case captioned as Kyle E. Petty, an individual, on behalf of
himself and others similarly situated v. RADIOLOGY PARTNERS
MANAGEMENT, LLC, a Delaware limited liability company; and DOES 1
through 50, inclusive, Case No. 24STCV05436 was removed from the
Superior Court of the State of California, County of Los Angeles,
to the United States District Court for the Central District of
California on April 5, 2024, and assigned Case No. 2:24-cv-02806.
The Plaintiff premises his claims on Defendant's alleged violation
of the California Labor Code. Specifically, Plaintiff claims that
Defendant violated the Labor Code by: failing to pay Plaintiff and
the putative class members minimum wages for all hours worked;
failing to pay Plaintiff and the putative class members all wages,
including overtime; failing to provide Plaintiff and the putative
class members with meal periods in accordance with California law;
failing to provide Plaintiff and the putative class members with
rest periods in accordance with California law; failing to provide
Plaintiff and the putative class members with accurate itemized
wage statements; failing to timely pay Plaintiff and the putative
class members wages during employment; failing to pay Plaintiff and
the putative class members wages owed at separation; failing to
maintain accurate employment records; failing to produce employment
records; (10) failing to reimburse Plaintiff and the putative class
members for all necessary business expenses; and unfair
competition.[BN]
The Defendants are represented by:
Gerald L. Maatman, Jr., Esq.
Jennifer A. Riley, Esq.
DUANE MORRIS LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603-3433
Phone: +1 312 499 6700
Email: gmaatman@duanemorris.com
jariley@duanemorris.com
- and -
Nick Baltaxe, Esq.
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017-5450
Phone: +1 213 689 7400
Email: nbaltaxe@duanemorris.com
RED & BLUE DICE: Clark Sues Over Unpaid Minimum and Overtime Wages
------------------------------------------------------------------
Patricia Clark, individually and on behalf of similarly situated
persons v. RED & BLUE DICE CORPORATION, RED & BLUE DICE 2
CORPORATION, and AZHARUL ISLAM, Case No. 2:24-cv-01386 (E.D. Pa.,
April 3, 2024), is brought under the Fair Labor Standards Act
("FLSA"), to recover unpaid minimum wages and overtime hours owed
to herself and similarly situated delivery drivers employed by
Defendants at its Domino's stores.
The Defendants employ delivery drivers who use their own
automobiles to deliver pizza and other food items to their
customers. However, instead of reimbursing delivery drivers for the
reasonably approximate costs of the business use of their vehicles,
Defendants use a flawed method to determine reimbursement rates
that provides such an unreasonably low rate beneath any reasonable
approximation of the expenses they incur that the drivers'
unreimbursed expenses cause their wages to fall below the federal
minimum wage during some or all workweeks (nominal wages –
unreimbursed vehicle costs = subminimum net wages), says the
complaint.
The Plaintiff was employed by Defendants from October 2022 to
February 2023 as a delivery driver at Defendants' Domino's store.
The Defendants operate numerous Domino's Pizza franchise
stores.[BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI & BENDESKY, P.C.
120 Gibraltar Road, Suite 218
Horsham, PA 19044
Phone: (215) 496-8282
Fax: (215) 754-4443
Email: phoward@smbb.com
RETINA CONSULTANTS: Bartek Sues Over Unpaid Overtime Wages
----------------------------------------------------------
Stuart Bartek, individually and on behalf of all others similarly
situated v. RETINA CONSULTANTS OF HOUSTON, PLLC d/b/a RETINA
CONSULTANTS OF TEXAS, Case No. 4:24-cv-01272 (S.D. Tex., April 5,
2024), is brought to recover unpaid overtime wages and other
damages owed in violation of the Fair Labor Standards Act (FLSA)
The Plaintiff and other Network Systems Technician for the
Defendant regularly worked in excess of 40 hours in a week. But the
Defendant did not pay the Plaintiff and the other Network Systems
Technicians overtime when they worked in excess of 40 hours in a
week, as required by the FLSA. Instead, the Defendant improperly
classified the Plaintiff and the other underwriters as exempt
employees and paid them a salary with no overtime compensation.
This action seeks to recover the unpaid overtime wages and other
damages owed by the Defendant to these workers, says the
complaint.
The Plaintiff worked for the Defendant as a Network Systems
Technician.
The Defendant provides medical and surgical retinal care throughout
Texas.[BN]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET PC
3 Riverway, Ste. 1910
Houston, TX 77056
Phone: 713 999 5228
Email: matt@parmet.law
REUTERS NEWS: Collects Users' IP Addresses Without Consent, Xu Says
-------------------------------------------------------------------
ZHIZHI XU, individually and on behalf of all others similarly
situated, Plaintiff v. REUTERS NEWS & MEDIA, INC., Defendant, Case
No. 1:24-cv-02466 (S.D.N.Y., April 1, 2024) arises from the
Defendant's conduct of installing and using Trackers on Plaintiff's
and Class Members' browsers to collect Plaintiff's and Class
Members' IP addresses in violation of the California Invasion of
Privacy Act.
When users visit the website, reuters.com, the Defendant causes
three Trackers -- the Sharethrough Tracker, Omnitag Tracker, and
TripleLift Tracker -- to be installed on website visitors' internet
browsers. By installing and using these Trackers without
Plaintiff's prior consent and without a court order.
The Plaintiff brings this action to prevent Defendant from further
violating the privacy rights of California residents, and to
recover statutory damages for Defendant's violation of CIPA.
Reuters News & Media, Inc. is a Delaware corporation with its
principal place of business in New York, New York.[BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
Alec M. Leslie, Esq.
Max S. Roberts, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: ykopel@bursor.com
aleslie@bursor.com
mroberts@bursor.com
ROADMASTER DRIVERS: Filing of Class Cert Bid Due May 22
-------------------------------------------------------
In the class action lawsuit captioned as BRADLEY MEEHAN and CESAR
E. CIRVERA SANTAMARIA, on behalf of themselves and those similar
situated, v. ROADMASTER DRIVERS SCHOOL, INC., Case No.
5:22-cv-04299-JMG (E.D. Pa.), the Hon. Judge John M. Gallagher
entered sixth amended scheduling order as follows:
1. The Parties' deadline to file a motion for preliminary
approval
of a class action settlement shall be April 26, 2024.
2. The Plaintiffs' deadline to file a motion for class
certification shall be May 22, 2024, Defendants' deadline to
respond shall be June 5, 2024, and Plaintiffs' deadline to
file
a reply brief in further support of the motion shall be June
12,
2024.
3. Motions for summary judgment and Daubert motions, if any,
shall
be filed by July 23, 2024. Responses shall be filed no later
than August 7, 2024. Motions and responses shall be filed
in the form prescribed in Judge Gallagher's Policies and
Procedures
4. All other dates and deadlines set forth in the Scheduling
Order
remain in full effect.
Roadmaster is a drivers education and testing company.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=AHdSao at no extra
charge.[CC]
ROCK SPRING: Class Settlement in Rosales Suit Approved
-------------------------------------------------------
In the class action lawsuit captioned as GUILLERMO PEREZ ROSALES,
v. ROCK SPRING CONTRACTING LLC, et al., Case No. 3:23-cv-00407-RCY
(E.D. Va.), the Hon. Judge Roderick C. Young entered an order
granting the parties' joint motion to approve settlement.
The Court finds that the agreed-upon attorneys' fees award --
a$100,000.00, or 27% of the Gross Settlement Amount—is fair and
reasonable.
The Plaintiffs allege that Defendants violated both the Fair Labor
Standards Act ("FLSA") and Virginia state law by failing to pay
overtime wages to their laborers.
Specifically, the Plaintiffs claim "that from the three years
preceding the filing of the Complaint, laborers were not properly
paid their overtime for all hours worked over forty in a week."
The Plaintiffs are drywall mechanics, drywall finishers, and
associated laborers.
Rock provides demolition, drywall, demountable walls, raised access
floors and dumpster and hauling services to general contractors.
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fsbJDV at no extra
charge.[CC]
RTB CONSUMER: Class Certification Bid Denied w/o Prejudice
----------------------------------------------------------
In the class action lawsuit re Google RTB Consumer Privacy
Litigation, Case No. 4:21-cv-02155-YGR (N.D. Cal.), the Hon. Judge
Yvonne Gonzalez Rogers entered an order:
-- granting in part and denying in part Google's Daubert motion
against Professor Richards;
-- denying as moot the Plaintiffs' Daubert motion against Google's
expert Bruce Deal;
-- denying with prejudice the Plaintiffs' motion for class
certification under Rule 23(b)(3); and
-- denying without prejudice the Plaintiffs' motion for class
certification under Rule 23(b)(2).
The Plaintiffs seek to certify a class consisting of all individual
Google account holders subject to a Google United States Terms of
Service whose personal information was sold or shared by
Google in its RTB auctions after June 28, 2016.
The Plaintiffs assert: Although Google repeatedly promises its
account holders that it has not, does not, and will not sell their
personal
information, they have garnered common evidence that Google sells
this this type of data billions of times each day to hundreds of
participating advertisers.
This common evidence, the Plaintiffs conclude, justifies class
certification. Google objects. It urges that individualized issues
will predominate on the critical issue of whether individual
account holders have consented to its RTB data collection.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QDqhyu at no extra
charge.[CC]
RUSSELL INVESTMENT: Johnson Bid to Seal Docs Nixed
--------------------------------------------------
In the class action lawsuit captioned as Johnson v. Russell
Investment Management LLC, Case No. 1:22-cv-21735 (S.D. Fla., Filed
June 7, 2022), the Hon. Judge Robert N. Scola, Jr. entered an order
denying the Plaintiff's unopposed motion to seal and requiring the
parties to jointly show cause why the Court should not order the
Plaintiff to immediately refile an unredacted version of her motion
for class certification.
The suit alleges violation of the Employee Retirement Income
Security Act Involving breaches of fiduciary duties.
Russell operates as an investment management firm.[CC]
RYDER INTEGRATED: Class Cert Bid Filing Extended to Dec. 30
-----------------------------------------------------------
In the class action lawsuit captioned as TIFFENY NANCE, on behalf
of herself and the Class Members, v. RYDER INTEGRATED LOGISTICS,
INC., a Delaware Corporation; and RYDER SYSTEM, INC., a Florida
Corporation, Case No. 2:23-cv-00477-TLN-JDP (E.D. Cal.), the Hon.
Judge Troy Nunley entered an order that:
1. All current and pending discovery in this case is stayed for
60 days.
2. The Plaintiff's deadline to file a motion for class
certification is extended by 60 days to December 30, 2024.
On March 13, 2023, the Plaintiff filed her class-action complaint
for
damages against Ryder.
On Oct. 24, 2023, Ryder and the parties in the Perkins and Johnson
actions participated in a successful mediation and agreed to a
settlement in principle that, by definition, Ryder states
encompasses the putative class and claims alleged in the
Plaintiff's Class Action.
On Jan. 3, 2024, the Parties stipulated to stay discovery in this
case by 30 days in exchange for Ryder providing the executed
Settlement Agreement to counsel in this case when it is fully
executed, to give the Parties time to meet and confer regarding the
impact of the Perkins/Johnson settlement on this case.
On Feb. 1, 2024, the Parties stipulated to stay discovery for
another 30 days and to extend Plaintiff's deadline to file a motion
for class certification by sixty days, as the Perkins/Johnson
settlement had not been fully drafted.
Ryder provides transportation services.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=o7dvNa at no extra
charge.[CC]
The Plaintiff is represented by:
Carolyn H. Cottrell, Esq.
Ori Edelstein, Esq.
Eugene Zinovyev, Esq.
SCHNEIDER WALLACE
COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
E-mail: ccottrell@schneiderwallace.com
oedelstein@schneiderwallace.com
ezinovyev@schneiderwallace.com
The Defendants are represented by:
Mara D. Curtis, Esq.
Rafael N. Tumanyan, Esq.
Tanner J. Hendershot, Esq.
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone: (213) 457-8000
Facsimile: (213) 457-8080
E-mail: mcurtis@reedsmith.com
mcurtis@reedsmith.com
thendershot@reedsmith.com
S.Y.M. INC: Stroude Files ADA Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against S.Y.M, Inc. The case
is styled as Colette Stroude, on behalf of herself and all others
similarly situated v. S.Y.M, Inc., Case No. 1:24-cv-02413
(E.D.N.Y., April 1, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sym Inc. was founded in 2006. The company's line of business
includes providing employment services.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
SALVATION ARMY: Sanchez Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against The Salvation Army
Golden State Division, et al. The case is styled as Jesse Sanchez,
individually, and on behalf of other similarly situated employees
v. The Salvation Army Golden State Division, Case No. 24CV070370
(Cal. Super. Ct., Alameda Cty., April 4, 2024).
The case type is stated as "Other Employment Complaint Case."
The Salvation Army is an international movement, is an evangelical
part of the universal Christian Church.[BN]
The Plaintiff is represented by:
Jonathan M. Genish, Esq.
BLACKSTONE LAW
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 855-786-6355
Fax: 855-786-6356
Email: jgenish@blackstonepc.com
SANDUSKY, OH: McGory Seeks Class Certification
----------------------------------------------
In the class action lawsuit captioned as Blake McGory, et al., v.
City of Sandusky, Ohio, Case No. 3:24-cv-00567-JJH (N.D. Ohio), the
Plaintiff ask the Court granting motion for class certification:
"All present and future owners of rental estate located within
the
limits of the City of Sandusky, Ohio, whose properties are in a
residentially zoned district and abut a state highway."
Sandusky is an Ohio city on the shores of Lake Erie. It's known for
its family attractions, including water, wildlife and amusement
parks.
A copy of the Plaintiffs' motion dated April 4, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Ld1eUd at no extra
charge.[CC]
SANSUM CLINIC: Court Stays Rose Suit Pending Mediation
------------------------------------------------------
In the class action lawsuit captioned as ANDREW ROSE, JEREMY
LEBMAN, PATRICIA HERVEY, DON DEFRANCIA, and STEPHANIE RAY on behalf
of themselves and all others similarly situated, v. SANSUM CLINIC
and META PLATFORMS, INC., Case No. 2:23-cv-08180-JFW-MAA (C.D.
Cal.), the Hon. Judge John Walter entered an order granting
stipulation to stay action pending mediation:
1. The action is stayed pending completion of the June 6, 2024
mediation with Hon. Suzanne H. Segal;
2. The Parties will file a joint statement no later than seven
(7)
days after the June 6, 2024 mediation to notify the Court of
the
outcome of mediation and their intended next steps; and
3. In the event that mediation is unsuccessful, the Parties will
include in their joint statement a proposed schedule for the
Plaintiffs' motion for class certification.
Sansum is a non-profit organization that has been providing
innovative healthcare services in Santa Barbara County.
A copy of the Court's order dated Apr. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=BqcUzM at no extra
charge.[CC]
SAZERAC COMPANY: Filing for Class Cert Bid Extended to May 21
-------------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER MCKAY, TERRY
MYERS, and DAWN OUTLAW, as individuals, on behalf of themselves,
the general public, and those similarly situated, v. SAZERAC
COMPANY, INC., Case No. 3:23-cv-00522-EMC (N.D. Cal.), the Hon.
Judge Edward M. Chen entered an order extending class certification
briefing schedule as follows:
Event Current
Proposed
Deadline
Deadline
Deadline for Plaintiff to April 30, 2024 May 21,
2024
file the motion for class
certification and any expert
report(s) in support thereof:
Deadline for Defendant to July 15, 2024 Aug. 5,
2024
oppose the motion for class
certification and produce any
expert report(s) in support of
its opposition
Deadline for Plaintiff to Sept. 6, 2024 Sept.
27,2024
file the reply in support of
motion for class Certification
Plaintiff's Rebuttal Experts
on Certification
Sazerac is a privately held American alcoholic beverage company.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=k8emtI at no extra
charge.[CC]
The Plaintiffs are represented by:
Seth A. Safier, Esq.
Marie A. McCrary, Esq.
Rajiv V. Thairani, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
E-mail: seth@gutridesafier.com
marie@gutridesafier.com
rajiv@gutridesafier.com
The Defendant is represented by:
Kent J. Schmidt, Esq.
Creighton R. Magid, Esq.
DORSEY & WHITNEY LLP
600 Anton Boulevard, Suite 2000
Costa Mesa, CA 92626
Telephone: (714) 800-1400
Facsimile: (714) 800-1499
E-mail: schmidt.kent@dorsey.com
magid.chip@dorsey.com
SEROQUEL XR: Direct Purchaser Class Certified in Antitrust Suit
---------------------------------------------------------------
In the class action lawsuit re: Seroquel XR (Extended Release
Quetiapine Fumarate) Antitrust Litigation, Case No.
1:20-cv-01076-CFC (D. Del.), the Hon. Judge Colm Connolly entered
an order that:
1. Appointing RG/2 to serve as the Notice Administrator for the
Direct Purchaser Class and to assist Lead Counsel in
disseminating the Notice. All expenses incurred by the Notice
Administrator must be reasonable and are subject to Court
Approval;
2. The proposed notice program and proposed form of Notice
Constitute the best notice to members of the Direct Purchaser
Class that is practicable under the circumstances, comply in
all
Respects with the requirements of Fed. R. Civ. P. 23(c)(2),
and
are in the interest of judicial economy and justice.
3. Lead Counsel for the Class, Garwin Gerstein & Fisher, LLP,
shall
cause the Notice substantially in the form submitted to be
disseminated by the Notice Administrator within 14 days
following the date of this order via U.S. First Class mail to
the last known address of each member of the Direct Purchaser
Class.
4. Members of the Direct Purchaser Class may request exclusion
form
the Direct Purchaser Class in writing postmarked no later
than
45 days after the date the Notice is mailed to each member of
the Class, which deadline shall be set forth in the Notice.
Lead
counsel or their designee shall monitor and record any and
all
opt-out requests that are received.
The "Direct Purchaser Class" has been certified under Fed. R. Civ.
P. 23(b)(3):
"All persons or entities in the United States, including its
territories, possessions, and the Commonwealth of Puerto
Rico,
who purchased 50 mg, 150 mg, 200 mg, and/or 300 mg strength
of
brand or generic Seroquel XR directly form any of the
Defendants
at any time from Aug. 2, 2015 until Apr. 30, 2017.
Excluded from the Class are the Defendants and their
officers,
directors, management and employees, predecessors,
subsidiaries
and affiliates, and all federal government entities.
A copy of the Court's order dated Apr. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ErKJKN at no extra
charge.[CC]
SHAKLEE CORP: Faces Liz Suit Over Blind-Inaccessible Website
------------------------------------------------------------
PEDRO LIZ, on behalf of himself and all others similarly situated,
Plaintiffs v. Shaklee Corporation, Defendant, Case No.
1:24-cv-02448 (S.D.N.Y., April 1, 2024) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its website, Shaklee.com, to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
The Plaintiff browsed and intended to make an online purchase of a
wellness set on Shaklee.com. He was looking online for a complex
wellness package that could assist him in achieving his health
objectives. Being health-conscious and dedicated to maintaining a
balanced lifestyle, he tried to find a wellness product that would
contain all the necessary vitamins and minerals for his overall
well-being. He discovered the Defendant's website and attempted to
select a suitable pack, but he faced difficulties while navigating
the website due to its accessibility issues, which prevented him
from completing the purchase, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Shaklee's policies, practices, and procedures to that Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Shaklee Corporation is an American manufacturer and multi-level
marketing distributor of natural nutrition supplements,
weight-management products, beauty products, and household
products.[BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
SHOGY MARKETPLACE: Faces Velasquez Wage-and-Hour Suit in S.D.N.Y.
-----------------------------------------------------------------
LUIS VELASQUEZ, individually and on behalf of all others similarly
situated, Plaintiff v. SHOGY MARKETPLACE CORPORATION d/b/a
MANHATTAN MARKETPLACE & ORGANICS, and HAFTHADYN SALEH, Defendants,
Case No. 1:24-cv-02745 (S.D.N.Y., April 11, 2024) is a class action
against the Defendants for failure to pay minimum and overtime
wages in violation of the Fair Labor Standards Act and the New York
Labor Law.
The Plaintiff worked for the Defendants as a non-exempt stock
person, cashier, food preparer/kitchen worker, porter, and food
delivery worker at Manhattan Marketplace & Organics Restaurant from
August 2022 through on or about March 18, 2024.
Shogy Marketplace Corporation is a company that owns and operates a
market and restaurant doing business as Manhattan Marketplace &
Organics," located at 196 First Avenue, New York, New York. [BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
60 East 42nd Street - 40th Floor
New York, NY 10165
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
Email: info@jcpclaw.com
SIGNIFY HEALTH: Court Junks ARPI Bid to File Amended Complaint
--------------------------------------------------------------
In the class action lawsuit captioned as ABANTE ROOTER AND
PLUMBING, INC., v. SIGNIFY HEALTH, LLC, Case No. 3:23-cv-06234-RS
(N.D. Cal.), the Hon. Judge Richard Seeborg entered an order
denying motion for leave to file amended complaint and to show
cause why the action should not be dismissed.
In light of Abante's apparent concession that it has no claim
against defendant in this action, Abante is ordered to show cause
within two weeks of the date of this order why the action should
not be dismissed. In the event no response to this order is timely
filed, the case will be dismissed without further notice.
The Plaintiff Rooter and Plumbing filed a motion for leave to file
an amended complaint under which it would no longer be a party, and
a new plaintiff would instead take over.
Abante's motion for leave to amend effectively concedes it has no
claim arising from the phone calls alleged in the complaint, and
that it would not even be a member of the putative class (unless it
separately received calls from defendants, which it does not
allege).
Signify Health designs and develops software solutions.
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JrZZcb at no extra
charge.[CC]
SKYC MANAGEMENT: Andujar Seeks Conditional Status of Action
-----------------------------------------------------------
In the class action lawsuit captioned as VICTOR ANDUJAR,
individually, and on behalf of all others similarly-situated, v.
SKYC MANAGEMENT LLC, 674 HOLDING LTD., SHIMON GREISMAN and GARY
GARTENBERG, Case No. 1:23-cv-08764-MKV (S.D.N.Y.), the Plaintiff
asks the Court to enter an order pursuant to 29 U.S.C. section
216(b):
(1) Conditionally certifying this case as a collective action
with
respect to current and former superintendents of all
residential apartment buildings owned and operated by the
Defendants – who, while performing work for Defendants at
any
time between Oct. 5, 2020 and the present, did not receive
pay
at least at the minimum wage rate for all hours worked
and/or
overtime compensation for all hours over 40 that they worked
in
a workweek;
(2) Requiring Defendants, within 14 days of the Court’s Order,
to
produce a computer-readable data file containing the names,
last known mailing addresses, all known home and mobile
telephone numbers, all known email addresses, work
locations,
dates of employment, and primary languages spoken of all
potential collective action members who worked for
Defendants
at any point from Oct. 5, 2020 to the present;
(3) Permitting Plaintiff to disseminate notice of this action in
the form attached to the Declaration of Marc A. Rapaport,
Esq.
as Exhibit H (“Notice”) and Exhibit I (“Reminder
Notice”) in
English, Spanish, and any other language identified by the
Defendants, via regular mail, e-mail (Exhibit J) and text
message (Exhibit K) and permitting a sixty-day opt-in
period;
(4) Tolling the FLSA statute of limitations from the date of
filing
of this motion until such time as the Court resolves this
motion; and
(5) Granting any other further relief that the Court deems just
and
proper.
Sky operates as a privately funded and managed real estate
company.
A copy of the Plaintiff's motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=SoBRpd at no extra
charge.[CC]
The Plaintiff is represented by:
Marc A. Rapaport, Esq.
RAPAPORT LAW FIRM, PLLC
80 Eighth Avenue, Suite 206
New York, NY 10011
Telephone: (212) 382-1600
SOHO HOTEL OWNER: Anderson Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Soho Hotel Owner,
LLC. The case is styled as Derrick Anderson, on behalf of himself
and all others similarly situated, v. Soho Hotel Owner, LLC, Inc.,
Case No. 1:24-cv-02575-KAM-RML (E.D.N.Y., April 5, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Soho Hotel Owner, LLC doing business as 11 Howard --
https://www.11howard.com/ -- is an innovative hotel located in
SoHo, at the crossroads of the Bowery, Chinatown and Little
Italy.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
SOUTHSTATE BANK: Clark Files Suit in M.D. Florida
-------------------------------------------------
A class action lawsuit has been filed against SouthState Bank N.A.
The case is styled as Suzann Clark, individually and on behalf of
all others similarly situated v. South State Bank N.A., Case No.
8:24-cv-00829-CEH-SPF (M.D. Fla., April 4, 2024).
The nature of suit is stated as Other Contract for Contract
Dispute.
SouthState Bank -- https://www.southstatebank.com/personal -- based
in Winter Haven, Florida, is an American bank based in Florida and
a subsidiary of SouthState Corporation, a bank holding
company.[BN]
The Plaintiff is represented by:
Steven Sukert, Esq.
Jeffrey M. Ostrow, Esq.
KOPELOWITZ OSTROW PA
1 W Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33131
Phone: (954) 284-1520
Fax: (954) 525-4300
Email: sukert@kolawyers.com
ostrow@kolawyers.com
SOUTHSTATE BANK: Dailey Files Suit in M.D. Florida
--------------------------------------------------
A class action lawsuit has been filed against SouthState Bank N.A.
The case is styled as Rodney Dailey, individually and on behalf of
all others similarly situated v. South State Bank N.A., Case No.
8:24-cv-00846-MSS-AEP (M.D. Fla., April 5, 2024).
The nature of suit is stated as Other Contract.
SouthState Bank -- https://www.southstatebank.com/personal -- based
in Winter Haven, Florida, is an American bank based in Florida and
a subsidiary of SouthState Corporation, a bank holding
company.[BN]
The Plaintiff is represented by:
William Peerce Howard, Esq.
THE CONSUMER PROTECTION FIRM
Truist Place
401 E Jackson Street, Suite 2340
Tampa, FL 33602
Phone: (813) 500-1500
Fax: (813) 435-2369
Email: Billy@theconsumerprotectionfirm.com
- and -
Amanda J. Allen, Esq.
THE CONSUMER PROTECTION FIRM, PLLC
SunTrust Financial Center
401 E Jackson St Ste 2340
Tampa, FL 33602
Phone: (813) 500-1500
Fax: (813) 435-2369
Email: Amanda@Theconsumerprotectionfirm.com
SOUTHSTATE BANK: Flott Files Suit in M.D. Florida
-------------------------------------------------
A class action lawsuit has been filed against SouthState Bank, N.A.
The case is styled as Ashley Flott, individually, and on behalf of
all others similarly situated v. SouthState Bank, N.A., Case No.
8:24-cv-00826-KKM-TGW (M.D. Fla., April 3, 2024).
The nature of suit is stated as Other Personal Property for
Property Damage.
SouthState -- https://www.southstatebank.com/personal -- is one of
the leading regional banks in the Southeast.[BN]
The Plaintiff is represented by:
Daniel Srourian, Esq.
SROURIAN LAW FIRM
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (213) 474-3800
- and -
Mason A. Barney, Esq.
Tyler James Bean
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (212) 532-1097
Email: tbean@sirillp.com
- and -
Jessica Wallace, Esq.
SIRI & GLIMSTAD LLP
20200 West Dixie Highway
Seventeenth Floor, Suite 902
Aventura, NY 33180
Phone: (786) 244-5660
Fax: (646) 417-5967
Email: jwallace@sirillp.com
SOUTHSTATE BANK: Fullwood-Demps Files Suit in M.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against SouthState Bank, N.A.
The case is styled as Damica Fullwood-Demps, individually and on
behalf of all others similarly situated v. SouthState Bank, N.A.,
Case No. 6:24-cv-00662-PGB-EJK (M.D. Fla., April 5, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
SouthState Bank -- https://www.southstatebank.com/personal -- based
in Winter Haven, Florida, is an American bank based in Florida and
a subsidiary of SouthState Corporation, a bank holding
company.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Jibrael S. Hindi, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 S.E. 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Phone: (954) 907-1136
Fax: (855) 529-9540
Email: jibrael@jibraellaw.com
STATE STREET CORP: Settlement Class in Gomes Initially Certified
----------------------------------------------------------------
In the class action lawsuit captioned as Elizabeth Gomes, Eva M.
Connors, Jennifer Bowen, Katisha Shoulders, Kenneth N. Marenga,
Pamela Prisco Carpenter, Steven Peters and Zhanna Karp,
individually and on behalf of all others similarly situated, v.
State Street Corporation, State Street Bank & Trust Company, North
America Regional Benefits Committee of State Street Corporation,
Investment Committee of State Street Corporation, and Jane and John
Does 1-20, Case No. 1:21-cv-10863-MLW (D. Mass.), the Hon. Judge
Mark Wolf entered an order
the Plaintiff asks the Court to enter an order preliminary
certifying Settlement Class defined as:
"All Participants and beneficiaries in the State Street Salary
Savings Plan Program from May 25, 2015, tnrough the date of
entry
of the Preliminary Approval Order, inclusive."
State Street is a global financial services and bank holding
company.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8nfpwe at no extra
charge.[CC]
SUNPATH LTD: Class Cert Bid Filing in Morales Reset to Sept. 27
---------------------------------------------------------------
In the class action lawsuit captioned as Morales, et al., v.
Sunpath Ltd., et al., Case No. 1:20-cv-01376 (D. Del., Filed Oct.
9, 2020), the Hon. Judge Jennifer L. Hall entered an order
resetting scheduling order deadlines as follows:
-- Motion for class certification: Sept. 27, 2024
-- Opposition to motion for class Nov. 8, 2024
certification due:
-- Reply to motion for class Dec. 20, 2024
certification due:
-- Discovery due by: Dec. 20, 2024
-- Dispositive motions due by: April 29, 2025
-- A Pretrial Conference is set for: Sept. 3, 2025
-- A 5-day Jury Trial is set for: Sept. 15, 2025
The suit alleges violation of the Telephone Consumer Protection
Act.
SunPath specializes in the Automotive area.[CC]
T.L. CANNON: Seeks Summary Judgment in Dees Class Action
---------------------------------------------------------
In the class action lawsuit captioned as TAMMY DEES and DAKOTA
BOLAND, v. T.L. CANNON CORP., d/b/a APPLEBEES, T.L. CANNON
MANAGEMENT CORP.; TLC WEST, LLC; TLC CENTRAL, LLC; TLC UTICA, LLC;
TLC EAST, LLC; AND TLC NORTH, LLC, Case No. 5:20-cv-01537-BKS-MJK
(N.D.N.Y.), the Defendants will cross move the Court for an Order,
pursuant to Fed. R. Civ. P. 56:
-- granting summary judgment in favor to them,
-- dismissing Plaintiffs' First, Third, and Fourth Claims for
relief
of their complaint, with prejudice, and
-- granting such other and further relief as this Court deems
just
and proper.
Pursuant to the briefing schedule as set by the Court on April 1,
2024, any papers in opposition to this motion are to be served on
or before May 8, 2024.
The Defendants intend to seek leave of the Court to file and serve
reply papers in support of the Defendants' cross-motion for summary
judgment pursuant to Local Rule 7.1(c).
TL Cannon is a restaurant specializing in casual dining and
hospitality services.
A copy of the Defendants' motion dated April 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0Xqzqa at no extra
charge.[CC]
The Defendants are represented by:
Jessica F. Pizzutelli, Esq.
Craig R. Benson, Esq.
Erin M. Train, Esq.
LITTLER MENDELSON, P.C.
375 Woodcliff Drive, Suite 2D
Fairport, NY 14450
Telephone: (585) 203-3400
Facsimile: (585) 203-3414
E-mail: jpizzutelli@littler.com
cbenson@littler.com
etrain@littler.com
TAKARA SAKE: Class Cert. Bid Filing in Tunick Extended to Oct. 17
-----------------------------------------------------------------
In the class action lawsuit captioned as COLBY TUNICK, v. TAKARA
SAKE USA INC., Case No. 3:23-cv-00572-TSH (N.D. Cal.), the Hon.
Judge Thomas Hixson entered an order continuing case management
deadlines as follows:
Deadline to Move for Class Certification: Oct. 17, 2024
Deadline to File Opposition to Class Dec. 12, 2024
Certification Motion:
Deadline to File Reply in Support of Jan. 9, 2025
Class Certification Motion:
Hearing on Class Certification Motion: Mar. 6, 2025
Close of Fact Discovery: Aug. 7, 2025
Close of Expert Discovery: Nov. 13, 2025
Deadline to File Dispositive Motions: Dec. 18, 2025
Deadline to File Pretrial Documents: Apr. 9, 2026
Deadline to File Oppositions to Motions Apr. 16, 2026
in Limine:
Pretrial Conference: Apr. 30, 2026
Final Pretrial Conference: May 28, 2026
Jury Trial (Duration to be determined): Jun. 8, 2026
Takara offers a wide variety of sake.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WmqqQY at no extra
charge.[CC]
TAKATA CORP: Oral Argument on Class Certification Set for May 29
----------------------------------------------------------------
In the class action lawsuit re Takata Airbag Products Liability
Litigation, Case No. 1:15-md-02599-FAM (S.D. Fla.), the Hon. Judge
Federico Moreno entered an order that oral argument on class
certification will take place on May 29, 2024.
A copy of the Court's order dated Apr. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=SQjgyd at no extra
charge.[CC]
TAKEYA USA: Boduch Sues Over Severe Burn from Defective Product
---------------------------------------------------------------
Grzegorz Boduch, individually and on behalf of others similarly
situated v. TAKEYA USA CORPORATION and COSTCO WHOLESALE
CORPORATION, Case No. 1:24-cv-02701 (N.D. Ill., April 3, 2024), is
brought on behalf of persons who suffered severe burn injuries as a
result of the conduct of Defendants Takeya and Costco of selling
defective product.
Specifically, Takeya designed and manufactured a defective product,
Costco sold a defective product, and both Defendants failed to
adequately warn Plaintiff and consumers in general of the dangers
of the product.
On December 10, 2023, the lid of a ThermoFlask bottle filled with
hot water burst open and severely scalded Plaintiff's hand. The
Plaintiff's doctors have indicated that Plaintiff will suffer the
consequences of the severe burns for life, including permanent
nerve damage, pain, scarring and sensitivity to cold.
The Plaintiff is not alone. Tens of thousands of consumers have
purchased defectively designed ThermoFlask water bottles without
adequate warnings. On information and belief, many consumers, like
Plaintiff, have already sustained injuries. All of them are in
danger of sustaining injuries in the future. Accordingly, Plaintiff
brings this complaint on behalf of himself and on behalf of all
consumers who have purchased ThermoFlask water bottles within the
applicable limitations period, says the complaint.
The Plaintiff purchased a 40 ounce-size ThermoFlask water bottle
designed and manufactured by Defendant Takeya.
Takeya designs and manufactures ThermoFlask water bottles.[BN]
The Plaintiff is represented by:
Daniel I. Schlessinger, Esq.
Martin W. Jaszczuk, Esq.
Margaret M. Schuchardt, Esq.
JASZCZUK P.C.
311 South Wacker Drive, Suite 2150
Chicago, IL 60606
Phone: (312) 442-0509
Email: dschlessinger@jaszczuk.com
mjaszczuk@jaszczuk.com
mschuchardt@jaszczuk.com
TARGET CORPORATION: Panelli Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Target Corporation,
et al. The case is styled as Alexander Panelli, individually, and
all others similarly situated v. Target Corporation, Does 1 through
100, inclusive, Case No. CGC24613684 (Cal. Super. Ct., San
Francisco Cty., April 4, 2024).
The case type is stated "Business Tort."
Target Corporation -- https://www.target.com/ -- is an American
retail corporation that operates a chain of discount department
stores and hypermarkets, headquartered in Minneapolis,
Minnesota.[BN]
The Plaintiff is represented by:
Mark Redmond, Esq.
LAW OFFICE OF MARK A. REDMOND, PC
656 5th Ave., Ste. R
San Diego, CA 92101-6867
Phone: 916-444-8240
Fax: 866-476-9393
Email: mr@markredmondlaw.com
- and -
Lawrence J. Asalisbury, Esq.
SALISBURY LEGAL CORP.
656 5th Ave. Ste. R.
San Diego, CA 92101-6867
Phone: 619-241-2760
Fax: 866-476-9393
Email: lsalisbury@salisburylegal.com
TDS TELECOMMUNICATIONS: Mott Seeks to Certify FLSA Class Action
---------------------------------------------------------------
In the class action lawsuit captioned as KENNETH MOTT, Individually
and on behalf of all others similarly situated, v. TDS
Telecommunications, LLC, and TSD Telecom Service LLC, Case No.
1:24-CV-185 (D. Colo.), the Plaintiff asks the Court to enter an
order:
(1) conditionally certifying this case as a nationwide Fair
Labor Standards Act collective action pursuant to 29 U.S.C.
section 216(b);
(2) approving the Plaintiff's proposed notices and authorizing
counsel to send initial notice by mail, email and text
message,
with a reminder email 30 days before the close of the 60-day
notice period; and
(3) ordering the Defendants to produce an electronic file with
contact information for all Network Specialists employed
since
January 22, 2021.
In support of his motion, the Plaintiff submits declarations from
nine Network Specialists, reflecting a range of seniority levels,
geographic areas, and internal teams. This evidence demonstrates
that Network Specialists are similar in ways that matter, rendering
collective treatment appropriate for the proposed FLSA Collective
of:
"All persons who worked for Defendants as a Network
Specialist
(also referred to as Network Specialist – OSP Engineering
&
Construction, Outside Plant Engineering Specialist, and/or
Outside Plant Construction Specialist) (including Network
Specialists, Network Specialists I, Network Specialists II,
or
Senior Network Specialists), or in other job titles
performing
similar duties anywhere in the United States any time since
three years prior to the filing of this Complaint through
the
present.
On March 14, 2024, Counsel for Plaintiff conferred with Counsel for
the Defendants, and discussed whether the Parties could reach
agreement to avoid the need for this motion. Additionally, Counsel
exchanged emails regarding the motion on April 2, 2024, and April
3, 2024. The Parties were not able to reach agreement.
TDS provides broadband, video, and voice communications services to
residential, commercial, and wholesale customers.
A copy of the Plaintiff's motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=r2Zgsk at no extra
charge.[CC]
The Plaintiff is represented by:
Daniel S. Brome, Esq.
NICHOLS KASTER, LLP
235 Montgomery St., Suite 810
San Francisco, CA 94104
Telephone: (877) 448-0492
Facsimile: (415) 277-7238
E-mail: dbrome@nka.com
TESLA INC: Brown Sues Over Systematic Mistreatment of Employees
---------------------------------------------------------------
Shannon Brown, Tami Okada, individuals, on behalf of themselves and
all others similarly situated v. TESLA, INC. d/b/a TESLA MOTORS,
INC.; and DOES 1 through 10, Inclusive, Case No. 2:24-at-00418
(E.D. Cal., April 4, 2024), is brought on behalf of Plaintiffs and
the Class because of Defendants' systematic mistreatment of their
employees, in violation of California's wage and hour laws.
The Defendants compensated Plaintiffs at an hourly rate of pay.
Defendants also compensated Plaintiffs on a regular basis with
bonuses. The Plaintiffs worked five days a week during most weeks.
Plaintiffs regularly worked more than eight hours a day and more
than 40 hours a week. The Defendants denied Plaintiffs and other
non-exempt employees in California specific rights afforded to them
under the California Labor Code, and the applicable Industrial
Welfare Commission Wage Order ("IWC Wage Order"). Furthermore,
despite Plaintiffs and other Class members regularly earning
bonuses, Defendants did not properly include all those bonuses in
the calculation of their regular rates of pay. Therefore,
Defendants did not pay Plaintiffs and other Class members overtime
pay, sick and vacation pay and meal and rest break premiums at the
correct hourly rates, says the complaint.
The Plaintiffs worked as non-exempt employees.
Tesla is a large car manufacturer which operates distribution
center warehouses and assembly facilities throughout the state of
California and employs numerous employees at those warehouses and
assembly facilities.[BN]
The Plaintiffs are represented by:
Justin Hewgill, Esq.
HEWGILL COBB & LOCKARD, APC
1620 5th Avenue, Suite 325
San Diego, CA 92101
Phone: (619) 432-2520;
Fax: (619) 488-6944
Email: contact@hcl-lawfirm.com
- and –
Ben Travis, Esq.
BEN TRAVIS LAW, APC
4660 La Jolla Village Drive, Suite 100
San Diego, CA 92122
Phone: (619) 353-7966
Email: ben@bentravislaw.com
TETRA TECH: Amended Class Settlement Partially Gets Initial OK
--------------------------------------------------------------
In the class action lawsuit captioned as LAGARION BROWN, et al., v.
TETRA TECH, INC., et al., Case No. 2:20-cv-01133-DJC-DMC (E.D.
Cal.), the Hon. Judge Daniel Calabretta entered an order that:
1. Plaintiffs' Motion for Preliminary Approval of Amended Class
Settlement is granted in part.
Specifically:
a. The proposed Rule 23 Class and FLSA Collective are
certified
for settlement purposes.
b. The named Plaintiffs, Lagarion Brown, Roy Jackson, Yaphett
Saunders, Isaac Saunders, Hakeem Allambie, and Nichlon
Garrett, are appointed as Class Representatives for
settlement purposes.
c. Plaintiffs' counsel Mallison & Martinez are appointed as
Class Counsel for settlement purposes.
d. Phoenix Class Action Administration Solutions is appointed
to
act as the Settlement Administrator.
2. Plaintiffs' Motion is denied as to preliminary approval of
the
settlement and approval of the class notice.
3. The Parties are ordered to submit an amended settlement and
notice which address the Court’s concerns regarding the
Private
Attorney General Act ("PAGA") claims within 45 days. The
amended
notice should also clarify the requirements for Class members
to
dispute the number of workweeks used to calculate their
recovery.
The proposed settlement class comprises all non-exempt employees of
Jesco who worked on projects subcontracted by Tetra between June 3,
2016, and May 1, 202. Members of the Class include employees who
belong to one or more of the following three subsets:
1. The Rule 23 Class:
"All persons who were employed by Jesco as non-exempt
employees
in California and who worked on projects subcontracted by
Tetra
at any time between June 3, 2016, and May 1, 2022."
2. The PAGA Class:
"All persons who were employed by Jesco as non-exempt
employees
in California and who worked on projects subcontracted by
Tetra
at any time between May 11, 2019, and May 1, 2022.
3. The FLSA Collective:
"All persons who were employed by Jesco as non-exempt
employees
in the United States who worked on projects subcontracted by
Tetra at any time between June 3, 2017, and May 1, 2022."
The Plaintiffs seek approval of their amended $600,000 Federal Rule
of Civil Procedure 23 ("Rule 23") class, Fair Labor Standards Act
("FLSA") collective, and PAGA settlement on behalf of themselves
and approximately 230 similarly situated environmental technicians
who
were employed by Defendant Jesco Environmental and Geotechnical
Services, Inc. to perform post-disaster assessments and cleanup in
Butte County, California for Defendant Tetra Tech, Inc. between
2016 and 2022.
The Plaintiffs brought this action on June 3, 2020, alleging unpaid
wage, meal and rest break, and expense reimbursement violations
under the California Labor Code and federal law.
Tetra Tech is an American consulting and engineering services.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EjDnJK at no extra
charge.[CC]
TRANSPRO LOGISTICS: Court Directs Discovery Plan Filing in Leonard
------------------------------------------------------------------
In the class action lawsuit captioned as Leonard v. Transpro
Logistics, Inc. et al., Case No. 1:24-cv-01061-JBM-JEH (C.D. Ill.),
the Hon. Judge Jonathan E. Hawley entered a standing order as
follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
Transpro is a first-rate provider of third-party logistics services
throughout North America.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2pJwIr at no extra
charge.[CC]
TRANSUNION LLC: Faces Gross Suit Over Inaccurate Credit Reporting
-----------------------------------------------------------------
BRIAN GROSS, on behalf of himself and all other similarly situated,
Plaintiff v. TRANSUNION LLC, Defendant, Case No.
0:24-cv-01290-DWF-DLM (D. Minn., April 11, 2024) is a class action
against the Defendant for violations of the Fair Credit Reporting
Act.
According to the complaint, the Defendant violated the FCRA by
refusing to meaningfully reinvestigate the disputes and continued
reporting the new Fingerhut Fetti accounts despite receiving
numerous disputes from consumers that these new accounts were
opened without permission. The Defendant was aware that Fingerhut
was reporting the opening of thousands of new Fingerhut Fetti
accounts while simultaneously reporting the closing of thousands of
Fingerhut Advantage accounts. Yet, despite this suspicious
activity, the Defendant did not do anything to ensure that the new
Fingerhut Fetti accounts were opened with authorization. Instead,
the Defendant followed a policy of leaving the accuracy of its
credit reporting entirely to its paying customers even when it has
actual knowledge that the reporting is suspicious or unreliable.
As a result of the Defendant's conduct, the Plaintiff and Class
members suffered actual damages including but not limited to
impairment to credit, damage to reputation, emotional distress, and
wasted time, the suit says.
TransUnion, LLC is a consumer reporting agency doing business
throughout the United States, including in Minnesota. [BN]
The Plaintiff is represented by:
E. Michelle Drake, Esq.
John G. Albanese, Esq.
Ariana B. Kiener, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-599
Facsimile: (612) 584-4470
Email: emdrake@bm.net
jalbanese@bm.net
akiener@bm.net
UNITED PARCEL: Case Management Order Entered in Wynn Class Suit
---------------------------------------------------------------
In the class action lawsuit captioned as BRITTANY WYNN, v. UNITED
PARCEL SERVICE, INC., Case No. 5:23-cv-06044-BLF (N.D. Cal.), the
Hon. Judge Beth Labson Freeman entered a case management order as
follows:
(1) The presumptive limits on discovery set forth in the Federal
Rules of Civil Procedure shall apply to this case unless
otherwise ordered by the Court.
(2) The deadline for joinder of any additional parties, or other
amendments to the pleadings, is 60 days after entry of this
order unless stated otherwise below.
(3) The deadline for the parties to meet, confer, and submit a
stipulation and order setting all deadlines not set by the
Court, including discovery cut-offs and expert disclosure
deadlines, is April 19, 2024.
(4) The Case is Referred to Mediation, to be completed no later
than Sept. 1, 2024.
The following schedule and deadlines shall apply to this case:
Event Date or Deadline
Last Day to Request Leave to Amend 60 Days from Date
the Pleadings per F.R.Civ.P 15 of this Order
Last Day File Motion Class Certification Mar. 28, 2025
Last Day to Hear Dispositive Motions Dec. 11, 2025 at
9:00
AM
Final Pretrial Conference Mar. 5, 2026 at
1:30
PM
Trial Apr. 6. 2026 at
9:00
AM
United Parcel is an American multinational shipping & receiving and
supply chain management company.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qj29x8 at no extra
charge.[CC]
UNITED STATES: Clinkenbeard Loses Bid to Certify Class
------------------------------------------------------
In the class action lawsuit captioned as ROBERT CLINKENBEARD, v.
UNITED STATES OF AMERICA, et al., Case No. 1:24-cv-00491-APM
(D.D.C.), the Hon. Judge Amit Mehta entered an order:
-- denying Plaintiff's motions to certify class, appointment of
counsel, and preliminary injunction; and
-- granting Plaintiff's motion to amend the complaint
Pursuant to 28 U.S.C. section 1915(d) and FED. R. CIV. P. 4(c)(3),
the Clerk of Court shall issue summonses and shall cause service of
process to be effected by the United States Marshals Service on the
Defendant, the United States Attorney General, and the United
States Attorney for the District of Columbia.
The Plaintiff alleges that the Warden of FCI Sandstone "has placed
inmates ([plaintiff] included) under a disciplinary policy,
referred to as 'Warden's Restriction' without hearing or notice, of
either the status under this policy or notification of the
sanctions imposed," and sanctions include restricted access to
e-mail and communication by means other than the United States
Postal Service.
According to the Plaintiff, the Warden's Restriction has "an
adverse effect on at least 150 inmates" at FCI Sandstone, and he
asks the Court "to consider certification of [this] suit as a class
action."
The Plaintiff is a federal prisoner currently designated to the
Federal Correctional Institution in Sandstone, Minnesota.
United States is a country primarily located in North America.
A copy of the Court's order dated April 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tel5RI at no extra
charge.[CC]
UNITED STATES: Rubenstein Bid for Class Certification Tossed
------------------------------------------------------------
In the class action lawsuit captioned as JACOB RUBENSTEIN, v.
UNITED STATES OF AMERICA, Case No. 2:23-cv-12685-MAG-EAS (E.D.
Mich.), the Hon. Judge Mark Goldsmith entered an order denying
Petitioner's motion for class certification and for appointment of
counsel.
The Court will bear in mind Petitioner's request if, upon further
review of the pleadings, it determines that appointment of counsel
is necessary for the proper adjudication of this case. Petitioner
need not file another motion concerning this issue.
The Petitioner has submitted his habeas petition and supporting
materials, but Respondent has not yet filed an answer to the
petition or any relevant court documents or administrative records.
Petitioner's request for counsel is therefore premature, and he
fails to show that the appointment of counsel is warranted at this
time.
Federal prisoner Jacob Rubenstein, confined at the Federal
Correctional Institution in Milan, Michigan, challenges the
execution of his federal sentence, namely his eligibility to
receive sentencing credits under the First Step Act, 18 U.S.C. '
3632.
The Plaintiff alleges that the statutory exclusion for child
pornography offenders, 18 U.S.C. ' 3632(d)(4)(D)(xli), (xlii),
violates his due process and equal protection rights. He asks the
Court to strike down those provisions of the First Step Act and to
order the Bureau of Prisons (BOP) to retroactively award and apply
First Step Act sentencing credits to his federal sentence.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=S8sk8z at no extra
charge.[CC]
UNITED SUGAR: Golden Sues Over Conspiring and Fixing Prices
-----------------------------------------------------------
Raleigh Golden, on behalf of herself 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-01129 (D. Minn., April 2, 2024), is brought to
recover damages and obtain injunctive relief against Defendants for
violations of the antitrust laws of the United States, and the
antitrust and consumer protection laws of the states as a result of
the Defendants and their co-conspirators conspiring and combining
to fix, raise, maintain and stabilize prices for Granulated Sugar
sold throughout the United States since at least January 1, 2019.
In furtherance of this conspiracy, the Producing Defendants engaged
in anticompetitive behavior including by price signaling and by
exchanging competitively sensitive information related to pricing,
production capacity, sales volume and demand, including through
Defendant Commodity. The Producing Defendants took these actions
with the intent and effect of increasing Granulated Sugar prices
throughout the United States.
For years, Defendant Commodity Information, Inc. ("Commodity") has
enabled and encouraged the Producing Defendants, the nation's
largest producers of Granulated Sugar, to exchange with each other
detailed, non-public, competitively sensitive information
regarding, among other things, prices (including prospective
prices), capacity, sales volume, and demand.
In doing so, Commodity promotes industry profits at the expense of
competition. It does this by providing Producing Defendants with
non-public insights into their competitors' production, costs, and
pricing. Commodity enables and encourages Producing Defendants to
use this information to increase prices for purchasers, and thereby
increase their own profits.
As a direct result of Defendant's conspiracy, Granulated Sugar
prices in the United States have been artificially inflated
throughout the Class Period, causing Plaintiff and Class Members to
pay more for Granulated Sugar than they would have but for the
conspiracy. On behalf of a proposed class of tens of millions of
consumers nationwide, Plaintiff brings this class action to put an
end to Defendants' illegal scheme, to recover damages, and to
restore competition in the Granulated Sugar marketplace, says the
complaint.
The Plaintiff purchased Granulated Sugar indirectly from one or
more of the Producing Defendants.
United is a Minnesota corporation with its principal place of
business in Edina, Minnesota.[BN]
The Plaintiff is represented by:
Melissa Weiner, Esq.
Brian S. Pafundi, Esq.
PEARSON WARSHAW, LLP
328 Barry Ave. South, Suite 200
Wayzata, MN 55391
Phone: (612) 389-0600
Fax: (612) 389-0610
Email: mweiner@pwfirm.com
bpafundi@pwfirm.com
- and -
Daniel L. Warshaw, Esq.
Bobby Pouya, Esq.
PEARSON WARSHAW, LLP
15165 Ventura Boulevard, Suite 400
Sherman Oaks, CA 91403
Phone: (818) 788-8300
Fax: (818) 788-8104
Email: dwarshaw@pwfirm.com
bpouya@pwfirm.com
- and -
Jill Manning, Esq.
PEARSON WARSHAW, LLP
555 Montgomery St., Suite 1205
San Francisco, CA 94111
Phone: (415) 433-9000
Fax: (415) 433-9008
Email: jmanning@pwfirm.com
UNIVERSITY OF CENTRAL OKLAHOMA: Court OK's Class Certification Bid
------------------------------------------------------------------
In the class action lawsuit captioned as TATUM ROBERTSON, EVE
BRENNAN, MARIN RHODES, individually and on behalf of all those
similarly situated, v. UNIVERSITY OF CENTRAL OKLAHOMA and BOARD OF
REGENTS FOR THE REGIONAL UNIVERSITY OF OKLAHOMA, Case No.
5:22-cv-00836-HE (W.D. Okla.), the Hon. Judge Joe Heaton entered an
order granting joint motion for:
(1) class certification;
(2 preliminary approval of class action settlement;
(3) approval of proposed class notice; and
(4) scheduling of fairness hearing
The requirements of Federal Rules of Civil Procedure 23(a) and
23(b)(2) are satisfied and all claims are certified as a class
action for settlement purposes on behalf of a class defined as
follows:
"All female students at the University of Central Oklahoma
from
Sept. 20, 2022, through June 30, 2028, who participate in
intercollegiate athletics at the University of Central
Oklahoma,
seek to participate in intercollegiate athletics at the
University of Central Oklahoma, and/or are deterred from
participating in intercollegiate athletics at the University
of
Central Oklahoma because they might or may not receive
athletic
benefits, opportunities, or treatment equal to male student-
athletes."
Tatum Robertson and Eve Brennan are appointed as class
representatives for the above defined class.
The Plaintiffs' counsel shall be appointed Class Counsel.
The proposed Settlement Agreement bears sufficient indicia of
fairness, reasonableness, and adequacy to merit preliminary
approval.
Class Counsel shall file an application for attorney's fees and
costs by May 8, 2024.
The Defendants shall file any objection to Class Counsel's
application for attorney's fees and costs by May 29, 2024.
University of Central Oklahoma is the third largest university in
Oklahoma.
A copy of the Court's order dated Apr. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=MfTtRV at no extra
charge.[CC]
USHEALTH ADVISORS: Scheduling & Discovery Order Entered in Kraemer
-------------------------------------------------------------------
In the class action lawsuit captioned as DAVID KRAEMER,
individually and on behalf of all others similarly situated, v.
USHEALTH ADVISORS, LLC, Case No. 3:24-cv-00275-DWD (S.D. Ill.), the
Hon. Judge David Dugan entered an order adopting joint report and
proposed scheduling and discovery order.
Depositions upon oral examination, interrogatories, requests for
documents, and answers and responses thereto shall not be filed
unless on order of the Court.
Disclosures or discovery under Federal Rule of Civil Procedure
26(a) are to be filed with the Court only to the extent required by
the final pretrial order, other Court order, or if a dispute arises
over the disclosure or discovery and the matter has been set for
briefing.
The parties should note that they may, pursuant to Federal Rule of
Civil Procedure 29, modify discovery dates set in the Joint Report
by written stipulation, except that they may not modify a date if
such modification would impact (1) the date of any court
appearance, (2) the deadline for completing the mandatory mediation
session or the
mandatory mediation process (if applicable), (3) the deadline for
completing all discovery, or (4) the deadline for filing
dispositive motions.
USHealth specializes in marketing innovative and affordable health
coverage plans.
A copy of the Court's order dated April 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UJAYB4 at no extra
charge.[CC]
VERIZON CONNECT: Ducos Seeks to Conditionally Certify FLSA Class
----------------------------------------------------------------
In the class action lawsuit captioned as JORGE DUCOS, individually
and on behalf of all others similarly situated, v. VERIZON CONNECT
FLEET USA LLC and VERIZON CORPORATE RESOURCES GROUP LLC, Case No.
8:24-cv-00216-MSS-AEP (M.D. Fla.), the Plaintiff asks the Court to
enter an order:
(a) conditionally certifying this FLSA collective action for all
CSM working from or reporting to the Rolling Meadows or
Tampa
offices;
(b) requiring Defendants to produce in Excel format the full
name,
address(es), work and cellular phone number(s), employee
IDs,
and email address(es) (including personal email addresses to
the extent they are available) for each member of the FLSA
collective;
(c) authorizing notice be sent to the members of the FLSA
Collective, disseminated by U.S. Mail, email and via website
(returnable via mail, email, fax, or via website); and
(d) authorizing reminder notices halfway through the 60-day
notice
period; and (e) granting any further relief this Court deems
just and proper.
The Plaintiff Ducos and the 10 Opt-In Plaintiffs seek an Order
conditionally certifying this case to proceed collectively and
permitting Plaintiffs to issue Court-supervised notice to all
similarly situated, non-exempt, hourly-paid Customer Success
Managers ("CSMs") who worked for Defendants at the Tampa, Florida
and Rolling Meadows, Illinois ofice locations from January 23, 2021
through the present.
The Plaintiffs have met the lenient showing necessary under the
Notice Stage of the Eleventh Circuit’s two stage analysis to
proceed collectively under the FLSA. The Plaintiff seeks to deliver
the proposed notice and consent to join form to the following group
of similarly situated persons:
All persons who were employed by or performed work for Verizon
Connect Fleet USA LLC or Verizon Corporate Resources LLC or any
other related, affiliated, subsidiary or parent company doing
business as Verizon Connect under the title of Customer Success
Manager (CSM) or any other title or variation of this title used to
describe the same position at any time within the three years
preceding the filing of this lawsuit to the present day working at
or remotely reporting to the Rolling Meadows, Illinois or Tampa,
Florida offices.
The Plaintiff Ducos commenced this FLSA collective action against
the Defendants for willful violations of the FLSA by failing to pay
overtime wages for all hours worked. The Plaintiffs were all
non-exempt, hourly-paid employees of Verizon.
Verizon provides telematic fleet management solutions.
A copy of the Plaintiff's motion dated Apr. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=9NjjfT at no extra
charge.[CC]
The Plaintiff is represented by:
Mitchell L. Feldman, Esq.
FELDMAN LEGAL GROUP
12610 Race Track Road, Suite 225
Tampa, FL 33625
Telephone: (813) 639-9366
Facsimile: (813) 639-9376
E-mail: Mfeldman@flandgatrialattorneys.com
WELLS FARGO: Parties Seek More Time to File Opposition & Reply
--------------------------------------------------------------
In the class action lawsuit re Wells Fargo Mortgage Discrimination
Litigation, Case No. 3:22-cv-00990-JD (N.D. Cal.), the Parties ask
the Court to enter an order granting stipulation to enlarge the
time to file their Opposition and Reply, respectively, by 14 days.
The Plaintiffs' motion for class certification is to be filed no
later than April 25, 2024.
Pursuant to the local rules, Wells Fargo's Opposition must be filed
not more than 14 days after the Motion for Class Certification is
filed, and Plaintiffs' Reply must be filed not more than 7 days
after Wells Fargo's Opposition was due.
Wells Fargo is an American multinational financial services
company.
A copy of the Parties' dated April 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=nd7ybN at no extra
charge.[CC]
The Plaintiff is represented by:
Dennis S. Ellis, Esq.
ELLIS GEORGE LLP
2121 Avenue of the Stars, 30th Floor
Los Angeles, CA 90067
Telephone: (310) 274-7100
Facsimile: (310) 275-5697
E-mail: dellis@ellisgeorge.com
WESTERN CONFERENCE: Order Modifying Case Schedule Entered in Paieri
-------------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL PAIERI, v. WESTERN
CONFERENCE OF TEAMSTERS PENSION TRUST et al., Case No.
2:23-cv-00922-LK (W.D. Wash.), the Hon. Judge Lauren King entered
an order continuing the case schedule deadlines as follows:
Event Date
Disclosure of expert testimony relating July 15, 2024
to class certification under FRCP 26(a)(2)
due:
Disclosure of rebuttal expert testimony Aug. 15, 2024
relating to class certification under
FRCP 26(a)(2) due:
All motions related to class certification Sept. 12, 2024
discovery must be filed by:
Discovery on class certification issues Oct. 15, 2024
completed by:
Deadline for Plaintiffs to file motion Nov. 14, 2024
for class certification (noted on the
fourth Friday after filing and service
of the motion pursuant to LCR 7(d)(3)
unless the parties agree to different
times for filing the response and reply
memoranda):
Western Conference provides plan coverage, participation and
vesting, losing and protecting benefits, normal retirement, early
retirement, disability retirement, and other services.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=85p9zl at no extra
charge.[CC]
WILLARD JACKSON: Court Stays Discovery in Carter Suit
------------------------------------------------------
In the class action lawsuit captioned as JEFFREY CARTER, v. WILLARD
L. JACKSON, et al., Case No. 1:23-cv-01775-KES-SAB (E.D. Cal.), the
Hon. Judge Stanley Boone entered an order that:
1. The Defendant's motion to stay discovery, which the Court
construes as a motion for protective order to preclude the
Plaintiff from making untimely discovery requests prior to
discovery commencing pursuant to Rule 26, is granted;
2. The Defendant's motion to permit discovery regarding the
Plaintiff's counsel's qualifications to be appointed class
counsel is denied without prejudice; and
3. The Defendant's opposition to the Plaintiff's motion for
extension of time to serve the Defendants and leave to serve
by
way of substitute service and publication is denied as moot.
The Court ordered that Plaintiff file a proper motion under the
Federal Rules of Procedure and Local Rules requesting relief no
later than April 9, 2024. Accordingly, without addressing the
Defendant's
substantive arguments, the Court denies the Defendant's
opposition—filed after the Court denied the Plaintiff's
motion—as moot.
On April 3, 2024, the Defendant Vicent Petrescu, proceeding pro se,
filed an "emergency motion" to stay discovery pending class
certification; a motion "to permit discovery about Plaintiff's
counsel's qualifications to be appointed class counsel; and an
opposition to Plaintiff's unopposed motion enlarging time to serve
six other Defendants in this action. The Court finds oppositions by
Plaintiff would not aid the Court in deciding the issues and shall
address each filing in turn herein.
A copy of the Court's order dated Apr. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=BzgFJF at no extra
charge.[CC]
WILLARD JACKSON: Petrescu Seeks to Stay Discovery
-------------------------------------------------
In the class action lawsuit captioned as Jeffrey Carter v. Willard
L. Jackson, et al., Case No. 1:23-cv-01775-KES-SAB (E.D. Cal.),
Vincent Petrescu asks Court to stay discovery pending resolution of
the issue of class certification.
A copy of the Defendant's motion dated April 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EAa8Zw at no extra
charge.[CC]
The Defendant Petrescu appears pro se.
Vincent Petrescu
505 Harper Dr
Algonquin, IL 60102
Telephone: (847) 873 5335
Vincent.petrescu@gmail.com
XOOM ENERGY: Seeks to Decertify Class in Mirkin Lawsuit
-------------------------------------------------------
In the class action lawsuit captioned as SUSANNA MIRKIN and BORIS
MIRKIN, Individually and on Behalf of All Others Similarly
Situated, v. XOOM ENERGY, LLC and XOOM ENERGY NEW YORK, LLC, Case
No. 1:18-cv-02949-ARR-JAM (E.D.N.Y.), the Defendant asks the Court
to enter an order decertifying class.
Xoom is a retail electricity, renewable and natural gas provider.
A copy of the the Defendant's motion dated Apr. 5, 2024 is
available from PacerMonitor.com at https://urlcurt.com/u?l=5jlDw9
at no extra charge.[CC]
The Defendants are represented by:
Michael D. Matthews, Jr., Esq.
Diane S. Wizig, Esq.
James M. Chambers, Esq.
David L. Villarreal, Esq.
MCDOWELL HETHERINGTON LLP
1001 Fannin Street, Suite 2400
Houston, TX 77002
Telephone: (713) 337-5580
Facsimile: (713) 337-8850
E-mail: matt.matthews@mhllp.com
diane.wizig@mhllp.com
james.chambers@mhllp.com
david.villarreal@mhllp.com
YODLEE INC: Class Cert. Bid Filing in Clark Continued to May 22
---------------------------------------------------------------
In the class action lawsuit captioned as DARIUS CLARK, et al., v.
YODLEE, INC., Case No. 3:20-cv-05991-SK (N.D. Cal.), the Hon. Judge
Sallie Kim entered an order continuing the deadlines as follows:
1. Opening Expert Disclosures: April 12, 2024;
2. Expert Rebuttal Reports: May 9, 2024;
3. Close of Expert Discovery: May 17, 2024
4. Class Certification Motion: May 22, 2024;
5. Class Certification Opposition: June 12, 2024;
6. Class Certification Reply: June 26, 2024; and
7. Hearing on Class Certification Motion: July 22, 2024
The rest of the schedule remains unchanged.
Yodlee is a provider of financial applications that aims to make
online banking more profitable.
A copy of the Court's order dated April 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=E2lYqZ at no extra
charge.[CC]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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