/raid1/www/Hosts/bankrupt/CAR_Public/240508.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, May 8, 2024, Vol. 26, No. 93
Headlines
ABBOTT LABORATORIES: Filing for Class Cert Bid Extended to Oct. 28
ACELLA PHARMA: Plaintiffs Seek Final Approval of Settlement Deal
AMAZON.COM INC: Class Cert Bid Filing Continued to Dec. 30, 2025
AMERICAN ECONOMY: Court Junks Bid to Consolidate Cases in Glasner
AMERICAN HONDA: Court Allows Sealing of Class Cert Exhibits
APPALACHIAN FIELD: Lagard Sues over Labor Law Breaches
APPLE INC: Faces Herrerias Suit Over Smartphone Market Monopoly
APPLE INC: Kane Sues Over Smartphone Market Monopolization
APPLE INC: Schwartz and Lionetta Sue Over Antitrust Law Breaches
AWASHINGTON LLC: Omits Wage Scale in Job Postings, Herold Claims
BIO-MEDICAL: Filing of Class Cert Bid Due Nov. 25
BP ENERGY: Class Cert Response Extension in Mehl Denied as Moot
BP ENERGY: Response Extension in Stoneberger Suit Denied as Moot
CAREFIRST INC: Attias Appeals Class Certification Ruling
CARGILL MEAT: Class Cert Bid Filing in Marin Modified to Nov. 18
CARLE FOUNDATION: Ct. Directs Discovery Plan Filing in Schackleford
CHICO HEIGHTS: Orosco Sues Over Failure to Pay Overtime Wages
CLEAN HARBORS: Bush Suit Seeks to Certify Class
CONNECTWISE INC: Marshall Sues Over Breach of Private Information
CONTINENTAL AG: Petroskas et al. Sue Over Price Fixing of Tires
CPG CATERING: Mader Seeks Proper Overtime and Minimum Wages
CVS PHARMACY: BPO Products' Benzene Level "Unsafe," Montenegro Says
DADA NEXUS: Continues to Defend Wang Securities Class Suit in Cal.
FEDERAL BUREAU: Hancock Class Cert. Bid Denied w/o Prejudice
FIRST ENROLL: Has Made Unsolicited Calls, Rashley Suit Claims
FLYING FOOD: Filing for Class Cert. Bid in Torres Due May 24
GEICO: MAO-MSO Can File Class Cert Bid Under Seal
GENERAL MOTORS: Cho Sues Over Chevrolet Camaro's Safety Defect
GENERAL MOTORS: Mason Sues Over Collection of Driver Behavior Data
GREAT AMERICAN: Stipulation to Continue Class Cert Hearing OK'd
GREENSKY INC: Court Vacates Case Management Conference in Belyea
GREYLOCK MCKINNON: Lilly Sues Over Massive Private Data Breach
HARD EIGHT: Miran Sues Over Mislabeled Dietary Supplements
HEALTH CAREER: Wins Bid to File Amended Class Cert Response
HOME DEPOT: Timmins Sues Over Deceptive Pricing Scheme
HOME PARTNERS: Bid to Extend Deadlines to File Responses OK'd
HOMETOWN EQUITY: Edry Seeks OK of Class Status Bid
HOUSER LLP: Kausse Files Personal Injury Suit in C.D. California
INOTIV INC: Class Cert Filing in Securities Suit Due Jan. 6, 2025
J & D RESTAURANTS: Faces Gutierrez Wage-and-Hour Suit in Washington
KELAI CORP: Appeals Court Judgment in Feng FLSA Suit to 2nd Cir.
KELLER WILLIAMS: Hill Files Suit in D. Kansas
KELLER WILLIAMS: Moulder Files Suit in W.D. Texas
LEXISNEXIS RISK: Scroggins Can Seal Unredacted Bid to Certify Class
MDL 2873: Grotefend Sues Over Injury Sustained From AFFF Products
MDL 2873: Hyravy Suit Claims PFAS Exposure From AFFF Products
MDL 3104: Panel Denies Transfer of 50 Suits to Sex Trafficking Row
MDL 3105: Panel Denies Centralization of Two Suits
MDL 3106: Panel Denies Transfer of Four Suits to D. Col.
METROHEALTH SYSTEM: Class Cert Bid Filing in Savel Due July 1
NATIONAL ASSOCIATION: Initial Nod of Class Settlement Sought
NEW LIFE HEALTHY: Fails to Pay Proper Wages, Brito Alleges
NEW YORK, NY: Plaintiffs Allowed to File Renewed Class Cert Bid
NEW YORK, NY: Settlement in Clark Suit Gets Initial Nod
NOR-CAL BEVERAGE: McMurray Files Labor Suit in Cal. State Court
OCUGEN INC: Court Dismisses Stockholder Derivative Lawsuits
ORCHARD HOSPITAL: Vasquez Sues Over Unpaid Wages for Hospital Staff
PETTIT PLACE: Panzica Sues Over ADA Violations in E.D.N.Y.
PHARMACARE US: Appeals Class Cert Ruling in Corbett Suit to 9th Cir
PLAZA MOTORS: Sends Unsolicited Telemarketing Calls, Saar Alleges
PSP FRANCHISING: Howard Sues Over PUMP Act Breaches
RDO EQUIPMENT: Appeals Arbitration Bid Denial in Munoz Labor Suit
REALPAGE INC: Goldman Antitrust Suit Consolidated to MDL No. 3071
REBEL DAWG: Rivera et al. Sue Over Labor Law Violations
SONY INTERACTIVE: Furdock Sues Over Debt Collection Practices
STRATEGIC DELIVERY: Class Cert Bid Filing in Asenseh Due August 22
SUBARU OF AMERICA: Amato Suit Seeks to Certify Class
SUBARU OF AMERICA: Aquino Suit Seeks Class Certification
TARGET CORP: Miller, Judt Sue Over Harmful Acne Treatment Products
TOMINO LLC: Sierra Sues Over Nonpayment of Proper Wages
TRICIDA INC: Pardi Seeks to Certify Rule 23 Class Action
TWO JINN: Medina Plaintiffs Seek to Seal Class Cert Docs
UNITED CONCORDIA: Seeks Leave to File Opposition to Class Cert Bid
UNITED STATES: Volkova Seeks Leave to File Response to Gov't Filing
VANGUARD CHESTER: Filing for Class Cert Bid Modified to May 31
VI-JON LLC: Loughlin Appeals Class Cert. Bid Denial to 1st Cir.
VOLVO CARS: Settlement Statements in Jenner Due May 20
WALGREEN CO: Bargetto Class Action Seeks to Seal Docs
WALMART INC: Class Cert. Bid Filing Due March 29, 2025
WASTE MANAGEMENT: Plaintiff Must File Class Cert Bid by June 14
YWCA OF GREATER HARRISBURG: Tidwell Suit Gets Conditional Status
ZARBEE'S INC: Class Cert Bid Filing in Lopez Modified to August 2
*********
ABBOTT LABORATORIES: Filing for Class Cert Bid Extended to Oct. 28
------------------------------------------------------------------
In the class action lawsuit captioned as CONDALISA LEGRAND on
behalf of herself, those similarly situated and the general public,
v. ABBOTT LABORATORIES, Case No. 3:22-cv-05815-TSH (N.D. Cal.), the
Parties ask the Court to enter an order extending their deadlines
relating to
Plaintiff's motion for class certification and further case
management conference.
Deadline Old Date New Date
Deadline to Move for Class May 9, 2024 Oct. 28,
2024
Certification
Deadline to File Opposition to Aug. 8, 2024 Jan. 27,
2025
Class Certification Motion
Deadline to File Reply in Sept. 19, 2024 Mar. 24,
2025
Support of Class Certification
Motion
Hearing on Class Certification Oct. 17, 2024 Apr. 24,
2025 Motion
Abbott is an American multinational medical devices and health care
company.
A copy of the Parties' motion dated April 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=KXN32u at no extra
charge.[CC]
The Plaintiff is represented by:
Jack Fitzgerald, Esq.
Melanie R. Monroe, Esq.
Trevor Flynn, Esq.
Caroline Emhardt, Esq.
FITZGERALD MONROE FLYNN PC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Telephone: (619) 215-1471
Facsimile: (619) 331-2943 E-mail:
jfitzgerald@fmfpc.com
mmonroe@fmfpc.com
tflynn@fmfpc.com
cemhardt@fmfpc.com
The Defendant is represented by:
Mark McKane, Esq.
Tracie L. Bryant, Esq.
Tia T. Trout-Perez, Esq.
Gregg F. LoCascio, Esq.
Michael A. Glick, Esq.
Terence J. McCarrick, Esq.
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, CA 94104
Telephone: (415) 439-1400
Facsimile: (415) 439-1500
E-mail: mark.mckane@kirkland.com
tracie.bryant@kirkland.com
ttrout-perez@kirkland.com
glocascio@kirkland.com
michael.glick@kirkland.com
tj.mccarrick@kirkland.com
ACELLA PHARMA: Plaintiffs Seek Final Approval of Settlement Deal
----------------------------------------------------------------
In the class action lawsuit captioned as SUE FAULKNER and NICOLA
TIBBETTS, on behalf of themselves and all others similarly
situated, v. ACELLA PHARMACEUTICALS, LLC, Case No.
2:22-cv-00092-RWS (N.D. Ga.), the Plaintiffs ask the Court to enter
an order granting final approval of the Settlement Agreement and
Settlement Class.
On Feb. 7, 2024, the Court granted preliminary approval of the
class Settlement Agreement, and the Court certified a Settlement
Class with respect to Plaintiffs' class-wide economic loss claims
related to the purchase of NP Thyroid.
The Court granted preliminarily approval of the Settlement
Agreement
and certified the following Settlement Class:
"All natural persons in the United States for whom a
prescription for NP Thyroid (TM) was dispensed between May
12,
2018, and April 30, 2021, whether or not Acella recalled the
NP
Thyroid."
Through the Settlement Agreement, Acella has agreed to reimburse
each member of the Settlement Class's out-of-pocket prescription
costs, up to the lesser of $50 dollars or a 90-day supply.
Acella has also agreed to pay $10 to members of the Settlement
Class who had no out-of-pocket payments for NP Thyroid or if their
out-of-pocket payments fall below that amount.
Settlement Class members are not eligible if
(1) they have previously received a refund for any purchase
associated with the May 2020, September 2020 or April 2021
recalls or
(2) request a refund for any purchase within the class period
through a different program.
Based on Plaintiffs' best, good-faith projections of available
data, the Plaintiffs believe that the Settlement Class contains
approximately 1,200,000 members. After analyzing data regarding
out-of-pocket payments for a 90-day supply during the Settlement
Class period and applying the $10 minimum and $50 dollar cap,
Plaintiffs estimate that the Settlement Agreement makes
approximately $41,473,889 in value available to the Settlement
Class.
In addition to this compensation to the Settlement Class, Acella
has agreed to pay for all costs related to administration of the
Class Settlement. Acella has also agreed to pay attorneys' fees and
costs for the Settlement Class “up to a total of Five Million
Dollars ($5,000,000)."
In exchange for these payments, Acella will receive a release of
the
Settlement Class's economic loss claims.
Acella Pharmaceuticals LLC provides health care solutions.
A copy of the Plaintiffs' motion dated April 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=zubG4w at no extra
charge.[CC]
The Plaintiffs are represented by:
Aaron K. Block, Esq.
Max Marks, Esq.
THE BLOCK FIRM LLC
309 East Paces Ferry Road, Suite 400
Telephone: (404) 997-8419
E-mail: aaron@blockfirmllc.com
max.marks@blockfirmllc.com
AMAZON.COM INC: Class Cert Bid Filing Continued to Dec. 30, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as MICHELLE MARTINHO, as an
individual and on behalf of all others similarly situated, v.
AMAZON.COM, INC., a Delaware corporation; and AMAZON.COM SERVICES
LLC, a Delaware limited liability corporation, Case No.
4:22-cv-06849-YGR (N.D. Cal.), the Hon. Judge Yvonne Gonzalez
Rogers entered an order granting the Joint Stipulation as follows:
1. The last day to complete private mediation shall be continued
from July 12, 2024 to Oct. 25, 2024.
2. The last day to file the Plaintiff's motion for class
certification shall be continued from June 27, 2024 to Dec.
30,
2025.
3. The last day to file Amazon's opposition to any motion for
class
certification shall be continued from Aug. 8, 2024 to Feb.
10,
2025.
4. The class certification hearing shall be continued from
Sept.
24, 2024 at 2:00 p.m. to March 25, 2025 at 2:00 p.m.
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated April 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4IPgWx at no extra
charge.[CC]
AMERICAN ECONOMY: Court Junks Bid to Consolidate Cases in Glasner
-----------------------------------------------------------------
In the class action lawsuit captioned as Glasner v. American
Economy Insurance Company, et al., Case No. 1:21-cv-11047 (D.
Mass., Filed June 24, 2021), the Hon. Judge Denise J. Casper
entered an order denying motion to consolidate cases.
The Court, however, will soon set a scheduling conference in this
matter.
The nature of suit states Diversity-Contract Dispute.
American Economy offers auto, home, renters, condo, boat, car,
motorcycle, recreational vehicle, and landlord protection insurance
services.[CC]
AMERICAN HONDA: Court Allows Sealing of Class Cert Exhibits
-----------------------------------------------------------
In the class action lawsuit captioned as KATHLEEN CADENA, et al.,
v. AMERICAN HONDA MOTOR COMPANY, INC., et al., Case No.
2:18-cv-04007-MWF-MAA (C.D. Cal.), the Hon. Judge Michael
Fitzgerald entered an order granting stipulation to dispense with
need for the Defendant to file L.R. 79- 5.2.2(b)(i) declaration to
seal:
(1) Plaintiffs' class certification reply exhibits 130 and 131,
(2) portions of exhibit 136,
(3) portions of the plaintiffs' opposition to motion to exclude
hoover, and
(4) portions of plaintiffs' reply memorandum in support of
motion
for class certification and permitting sealing consistent
with
order re: sealing of plaintiffs' motion for class
certification
and supporting exhibits.
American Honda develops and manufactures automobiles.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wnE97o at no extra
charge.[CC]
APPALACHIAN FIELD: Lagard Sues over Labor Law Breaches
------------------------------------------------------
WILLIAM LAGARD, individually and for others similarly situated v.
APPALACHIAN FIELD SERVICE, LLC, Case No. 2:24-cv-00560 (W.D. Pa.,
April 12, 2024) seeks to recover unpaid overtime wages and other
damages from Defendant in connection with the its violations of the
Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.
From approximately May 2022 until July 2023, Appalachian Field
Service (AFS) employed LaGard as a right-of-way agent in
Pennsylvania. LaGard and the other day rate workers regularly work
more than 40 hours a week. However, AFS does not pay LaGard and its
other day rate workers overtime. Instead, AFS subjected them to its
illegal day rate pay scheme, says the suit.
Headquartered in Columbus, OH, AFS provides right-of-way services
throughout the Midwest, Mid-Atlantic, and Southeast regions of the
United States and in Texas. [BN]
The Plaintiff is represented by:
Michael A. Josephson
Andrew W. Dunlap
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
Joshua P. Geist, Esq.
William F. Goodrich, Esq.
GOODRICH & GEIST, PC
3634 California Avenue
Pittsburgh, PA 15212
Telephone: (412) 766-1455
Facsimile: (412) 766-0300
E-mail: josh@goodrichandgeist.com
bill@goodrichandgeist.com
APPLE INC: Faces Herrerias Suit Over Smartphone Market Monopoly
---------------------------------------------------------------
ANALI HERRERIAS; MARIAH NAYERI, individually and on behalf of all
others similarly situated, Plaintiffs v. APPLE INC., Defendant,
Case No. 5:24-cv-02199 (N.D. Cal., April 12, 2024) arises from
Defendant's conduct of illegally monopolizing the smartphone market
in violation of the Sherman Antitrust Act and the Clayton Act.
The Plaintiffs claim that Apple deters competition by designing
iPhones to block cross-platform technologies between iPhones and
Android smartphones to solidify, establish, and increase Apple's
smartphone monopoly. As a result of Apple's anticompetitive
conduct, iPhone's prices are unlawfully inflated. Accordingly,
Plaintiffs bring this action under Sections 4, 12, and 16 of the
Clayton Act for treble damages, injunctive relief, other relief,
and reasonable attorneys' fees and costs for the injuries sustained
by Plaintiffs arising from violations by Defendant of the federal
antitrust laws, including Section 2 of the Sherman Antitrust Act
Headquartered in Cupertino, CA, Apple Inc. is a technology company
that designs, develops, and sells consumer electronics, computer
software, and online services. [BN]
The Plaintiff is represented by:
David S. Casey, Jr., Esq.
Gayle M. Blatt, Esq.
Jeremy Robinson, Esq.
P. Camille Guerra, Esq.
Howard D. Bruno, Esq.
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
110 Laurel Street
San Diego, CA 92101
Telephone: (619) 238-1811
E-mail: dcasey@cglaw.com
jrobinson@cglaw.com
camille@cglaw.com
camille@cglaw.com
APPLE INC: Kane Sues Over Smartphone Market Monopolization
----------------------------------------------------------
LISA JOHNSTON KANE, on behalf of herself and all others similarly
situated, Plaintiff v. APPLE INC., Defendant, Case No.
5:24-cv-02193 (N.D. Cal., April 12, 2024) accuses the Defendant of
violating the federal antitrust laws, including Section 2 of the
Sherman Antitrust Act, and California's unfair competition law.
Plaintiff Kane alleges that Apple has deterred, and continues to
deter, competition by designing iPhones to block cross-platform
technologies between iPhones and Android smartphones in order to
solidify, establish, and/or increase Apple's smartphone monopoly.
Additionally, because of these cross-platform barriers, Apple is
able to dominate the smartwatch market and charge supra-competitive
prices for Apple Watch, the Apple smartwatch product that is
compatible with the iPhone. Accordingly, Plaintiff and the putative
Classes have overpaid or otherwise suffered economic losses due to
Apple's monopolization of these markets and therefore sue for
damages, injunctive relief, and other relief, says the suit.
Headquartered in Cupertino, CA, Apple Inc. is a technology company
that designs, develops, and sells consumer electronics, computer
software, and online services. [BN]
The Plaintiff is represented by:
Francis A. Bottini, Jr., Esq.
Albert Y. Chang, Esq.
Aaron P. Arnzen, Esq.
BOTTINI & BOTTINI, INC.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
Telephone: (858) 914-2001
Facsimile: (858) 914-2002
E-mail: fbottini@bottinilaw.com
achang@bottinilaw.com
aarnzen@bottinilaw.com
APPLE INC: Schwartz and Lionetta Sue Over Antitrust Law Breaches
----------------------------------------------------------------
ZACHARY SCHWARTZ and BERNADETTE LIONETTA, individually and on
behalf of all others similarly situated, Plaintiffs v. APPLE INC.,
Defendant, Case No. 5:24-cv-02213 (N.D. Cal., April 13, 2024)
accuses the Defendant of violating the Sherman Act and the
California Unfair Competition Law in connection with its
monopolization and exclusionary conduct in the smartphone market.
The Plaintiffs allege that Apple reduces competition in the said
market by delaying, degrading, or outright blocking technologies
that would increase competition and by decreasing barriers to
switching to another smartphone, among other things. In addition,
Plaintiffs claims that Apple suppresses technologies that would
provide a high-quality user experience on any smartphone through a
web of contractual restrictions that it selectively enforces
through its control of app distribution and its "app review"
process, as well as by denying access to key points of connection
between apps and the iPhone’s operating system (called
Application Programming Interfaces).
Headquartered in Cupertino, CA, Apple Inc. is technology company
that designs, manufactures and sells several consumer electronics,
including iPhones. It also designs, develops and sells software and
services, and related accessories. [BN]
The Plaintiffs are represented by:
Robert Ahdoot, Esq.
Tina Wolfson, Esq.
Theodore W. Maya, Esq.
Christopher E. Stiner, Esq.
AHDOOT & WOLFSON, PC
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
tmaya@ahdootwolfson.com
cstiner@ahdootwolfson.com
AWASHINGTON LLC: Omits Wage Scale in Job Postings, Herold Claims
----------------------------------------------------------------
VANESSA HEROLD, individually and on behalf of all others similarly
situated, Plaintiff v. AWASHINGTON, LLC, a Washington limited
liability company doing business as DENNY'S and DENNY'S RESTAURANT;
and DOES 1-20, Defendants, Case No. 24-2-05194-5 SEA (Wash. Super.,
King Cty., March 7, 2024) is a class action against the Defendants
for failing to disclose the wage scale or salary range being
offered in its job postings in violation of the Washington Equal
Pay and Opportunities Act, RCW 49.58.110.
Ms. Herold resides in King County, Washington and applied to work
for the Defendants at their Denny's restaurant located in Union
Gap, Washington.
Awashington, LLC, doing business as Denny's Restaurant, is a
restaurant owner and operator in King County, Washington. [BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
EMERY REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: (206) 442-9106
Facsimile: (206) 441-9711
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
BIO-MEDICAL: Filing of Class Cert Bid Due Nov. 25
-------------------------------------------------
In the class action lawsuit captioned as Azurin v. Bio-Medical
Applications of California, Inc. et al., Case No. 1:23-cv-11585 (D.
Mass., Filed July 14, 2023), the Hon. Judge Angel Kelley entered an
order adopting the parties' proposed scheduling order and setting
the following deadlines:
-- Initial Rule 26 Disclosures: May 2, 2024
-- Amendment to the pleadings without June 3, 2024
leave:
-- Close Class Certification Discovery: Oct. 25, 2024
-- Plaintiff's Deadline to File Motion Nov. 25, 2024
for Class Certification:
-- Disclosure of Plaintiff's Initial
Expert Report(s):
-- Status Conference set for: Oct. 17, 2024
The nature of suit states Labor Litigation.
Bio-Medical provides kidney or renal dialysis services.[CC]
BP ENERGY: Class Cert Response Extension in Mehl Denied as Moot
---------------------------------------------------------------
In the class action lawsuit captioned as Mehl et al v. BP Energy
Company et al., Case No. 6:23-cv-01192 (D. Kan., Filed: Sept. 12,
2023), the Hon. Judge Daniel D. Crabtree entered an order denying
as moot motion for extension of time to respond to motion for class
certification.
The nature of suit states Diversity-Contract Dispute.
BP Energy explores and produces petroleum products.[CC]
BP ENERGY: Response Extension in Stoneberger Suit Denied as Moot
----------------------------------------------------------------
In the class action lawsuit captioned as Stoneberger, et al., v. BP
Energy Company, et al., Case No. 6:23-cv-01195 (D. Kan., Filed
Sept. 12, 2023), the Hon. Judge Daniel D. Crabtree entered an order
denying as moot motion for extension of time to Respond to Motion
for Class Certification.
The nature of suit states Diversity-Contract Dispute.
BP Energy explores and produces petroleum products.[CC]
CAREFIRST INC: Attias Appeals Class Certification Ruling
--------------------------------------------------------
CHANTAL ATTIAS, et al. are taking an appeal from a court order
granting in part and denying as moot in part their renewed motion
for class certification in the lawsuit entitled Chantal Attias, et
al., individually and on behalf of and all others similarly
situated, Plaintiffs, v. CareFirst, Inc., et al., Defendants, Case
No. 1:15-cv-00882-CRC, in the U.S. District Court for the District
of Columbia.
As previously reported in the Class Action Reporter, the lawsuit is
brought against the Defendants for failure to properly secure and
protect users' sensitive, personally-identifiable information and
personal health information from data breach.
On Aug. 23, 2022, the Plaintiffs filed a motion for class
certification, which the Court denied through an Order entered by
Judge Christopher R. Cooper on Mar. 28, 2023.
On May 12, 2023, the Plaintiffs filed a renewed motion for class
certification, which the Court granted in part and denied as moot
in part on Mar. 29, 2024.
After careful consideration and a hearing on the matter, the Court
found that certification of the proposed contract class is
warranted.
The standing issue that prevented the Court from certifying the
last go around has since dissolved because, as all sides agree,
each member of the proposed class has allegedly suffered a concrete
injury based on CareFirst's supposed breach of its contractual
obligation to safeguard its customers' data -- regardless of
whether they sustained an additional, tangible injury due to the
data breach.
The Court found that all putative class members have standing to
pursue their breach of contract claim -- thereby settling the one
issue that prevented the Court from certifying the proposed class
in the previous outing.
The appellate case is captioned In re: Chantal Attias, et al., Case
No. 24-8001, in the United States Court of Appeals for the District
of Columbia Circuit, filed on April 15, 2024. [BN]
Plaintiffs-Petitioners CHANTAL ATTIAS, et al., individually and on
behalf of all others similarly situated, are represented by:
Christopher T. Nace, Esq.
PAULSON & NACE PLLC
1025 Thomas Jefferson Street, NW
Third Floor
Washington, DC 20007
Telephone: (202) 463-1999
- and -
Jonathan Barry Nace, Esq.
NIDEL & NACE, PLLC
1 Church Street, Suite 802
Rockville, MD 20007
Telephone: (202) 780-5153
- and -
Matthew Gatewood, Esq.
GATEWOOD PLLC
1455 Pennsylvania Avenue, NW, Suite 400
Washington, DC 20004
Telephone: (304) 545-3005
- and -
Robert D. Owen, Esq.
EVERSHEDS SUTHERLAND (US) LLP
1114 Avenue of the Americas
Grace Building, 40th Floor
New York, NY 10036
Telephone: (212) 389-5000
CARGILL MEAT: Class Cert Bid Filing in Marin Modified to Nov. 18
----------------------------------------------------------------
In the class action lawsuit captioned as RICHARD MARIN, SAMANTHA
LOPEZ, individually and on behalf of all others similarly situated,
v. CARGILL MEAT SOLUTIONS CORPORATION, a Delaware Corporation; and
DOES 1-50, Inclusive, Case No. 1:22-cv-00578-KES-SKO (E.D. Cal.),
the Hon. Judge Sheila Oberto entered an order modifying the case
schedule in this matter:
-- Class Certification Discovery Cut-Off: Oct. 15, 2024
-- Plaintiffs' deadline to file Motion Nov. 18, 2024
for Class Certification:
-- Defendant's deadline to file its Dec. 23, 2024
Opposition:
-- Plaintiff's deadline to file their Jan. 21, 2025
Reply:
-- Hearing on Plaintiffs' Motion for March 5, 2025
Class Certification:
Cargill operates as a processor and distributor of fresh beef,
pork, turkey, and cooked and marinated meats.
A copy of the Court's order dated April 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Hjb67S at no extra
charge.[CC]
The Plaintiffs are represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
Michael@jameshawkinsaplc.com
The Defendants are represented by:
Richard H. Rahm, Esq.
Timothy L. Reed, Esq.
Ethan Lai, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Telephone: (415) 442-4810
E-mail: richard.rahm@ogletree.com
timothy.reed@ogletree.com
ethan.lai@ogletree.com
CARLE FOUNDATION: Ct. Directs Discovery Plan Filing in Schackleford
-------------------------------------------------------------------
In the class action lawsuit captioned as Shackleford v. The Carle
Foundation, Case No. 1:24-cv-01095-JBM-JEH (C.D. Ill.), he 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.
Carle operates as a not-for-profit corporation for charitable,
scientific and educational purposes.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4lbbe2 at no extra
charge.[CC]
CHICO HEIGHTS: Orosco Sues Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Katrina Lynn Orosco, on behalf of herself and all others similarly
situated, and the general public v. CHICO HEIGHTS REHABILITATION &
WELLNESS CENTRE, LP, a California corporation; WINDSOR CHICO CREEK
CARE AND REHABILITATION, LLC, a Delaware corporation; and DOES 1
through 50, inclusive, Case No. 24CV00870 (Cal. Super. Ct., Butte
Cty., March 19, 2024), is brought as result of the Defendants'
failure to provide meal periods; failure to provide rest periods;
failure to pay hourly wages and overtime; failure to provide
accurate written wage statements; failure to timely pay all final
wages; failure to indemnify; failure to pay wages due, negotiable
and payable in cash on demand; and unfair competition.
The Defendants had a common policy and practice of systemically
failing to pay Plaintiff and Class Members proper wages and
overtime for all hours worked, at the proper rates of pay. The
Plaintiff and Class Members were consistently required to perform
work, off-the clock, for which they were not paid wages.
Specifically, Plaintiff and Class Members were systemically
required to go through COVID screenings, including nasal swab tests
and temperature check, off-the clock before clocking in for work.
This uncompensated time caused Plaintiff and Class Members to work
in excess of 8, 10 and/or 12 hours a day and/or 40 hours a week,
entitling Plaintiff and Class Members to minimum and overtime
wages, which they were systemically denied. The Defendants also
failed to Plaintiff and Class Members overtime wages at the proper
and applicable regular rates of pay, says the complaint.
The Plaintiff worked for Defendants as a non-exempt employee during
the relevant and statutory periods.
CHICO HEIGHTS REHABILITATION & WELLNESS CENTRE, LP was a California
corporation doing business in the State of California.[BN]
The Plaintiff is represented by:
Emil Davtyan, Esq.
David Yeremian, Esq.
David Keledjian, Esq.
David Arakelyan, Esq.
D.LAW, INC.
880 E. Broadway
Glendale, CA 91205
Phone: (818) 962-6465
Facsimile: (818) 962-6469
Email: emil@d.law
d.yeremian@d.law
d.keledjian@d.law
d.arakelyan@d.law
CLEAN HARBORS: Bush Suit Seeks to Certify Class
-----------------------------------------------
In the class action lawsuit captioned as RICKY BUSH, GLENDORA
COLSON, GWENDOLYN HAMILTON, GLENN LEMOINE, ROOSEVELT BOYD, JR.,
JAMES SIMMONS, and DAVID MORRIS, Individually and on behalf of a
class of similarly situated persons, v. CLEAN HARBORS COLFAX, LLC,
Case No. 1:22-cv-02026-DDD-JPM (W.D. La.), the Plaintiffs ask the
Court to enter an order certifying the Class.
Clean Harbors operates an open burning facility for hazardous
waste.
A copy of the Plaintiffs' motion dated April 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=HrWIFf at no extra
charge.[CC]
The Plaintiffs are represented by:
Scott R. Bickford, Esq.
Lawrence J. Centola, III, Esq.
Spencer R. Doody, Esq.
Jason Z. Landry, Esq.
MARTZELL, BICKFORD, & CENTOLA
338 Lafayette Street
New Orleans, LA 70130
Telephone: (504) 581-9065
Facsimile: (504) 581-7635
E-mail: srb@mbfirm.com
lcentola@mbfirm.com
srd@mbfirm.com
jzl@mbfirm.com
- and -
Thomas B. Wahlder, Esq.
Stephen J. Hecker, Esq.
1740 Jackson Street
Alexandria, LA 71306
Telephone: (318) 442-9417
E-mail: twahlder@aol.com
sjheckerlaw@gmail.com
CONNECTWISE INC: Marshall Sues Over Breach of Private Information
-----------------------------------------------------------------
Mark Marshall, on behalf of himself and all others similarly
situated, Plaintiff v. ConnectWise, Inc. and On Q Financial, LLC,
Defendants, Case No. 8:24-cv-00901-MSS-NHA (M.D. Fla., April12,
2024) arises from the unauthorized breach of On Q Financial's
computer networks announced on February 20, 2023, wherein the
personal identifiable information of On Q Financial customers, was
exposed due to a vulnerability in ConnectWise's software
ScreenConnect, which allowed hackers and other bad actors to obtain
individuals' PII for unsavory and illegal purposes.
The Defendants failed to adopt reasonable measures to prevent the
unauthorized access to Plaintiff's and Class members' PII and
allowed for the release of said information to unauthorized bad
actors. Accordingly, Plaintiff Marshall asserts claims for
negligence, negligence per se, breach of implied contract, unjust
enrichment, breach of fiduciary duty, and for violations of Section
5 of the Federal Trade Commission's Act.
Headquartered in Tampa, FL, ConnectWise provides software and
services to businesses. [BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Telephone: (786) 879-8200
E-mail: mweekes@milberg.com
- and -
Christopher Renz, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Ave. S, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
E-mail: crenz@chestnutcambronne.com
CONTINENTAL AG: Petroskas et al. Sue Over Price Fixing of Tires
---------------------------------------------------------------
CHRIS PETROSKAS, KIMBERLY BRUNS, BRENDA GRIFFITHS, PAULA BONDY,
HARLEY CARROLL, and OLIVER TSUYA, Individually and On Behalf of All
Others Similarly Situated, Plaintiffs, v. CONTINENTAL
AKTIENGESELLSCHAFT; CONTINENTAL TIRE THE AMERICAS, LLC; COMPAGNIE
GENERALE DES ETABLISSEMENTS; MICHELIN NORTH AMERICA, INC.; NOKIAN
TYRES PLC; NOKIAN TYRES INC; NOKIAN TYRES U.S. OPERATIONS LLC; THE
GOODYEAR TIRE & RUBBER COMPANY; PIRELLI & C. S.P.A.; PIRELLI TIRE
LLC; BRIDGESTONE CORPORATION; BRIDGESTONE AMERICAS, INC.; AND DOES
1-100, Defendants, Case No. 1:24-cv-00667 (N.D. Ohio, April 12,
2024) alleges violations of Section 1 of the Sherman Act and
various state antitrust and consumer protection laws.
The class action arises from an unlawful agreement between
Defendant -- some of the largest tire manufacturers in the United
States and the world -- to artificially increase and fix the prices
of new replacement tires for passenger cars, vans, trucks and buses
sold in the United States. Allegedly, Defendants coordinated price
increases, including through public communications, says the suit.
Headquartered in Germany, Continental AG manufactures and
distributes several automotive parts, including tires for original
equipment and replacement markets. [BN]
The Plaintiffs are represented by:
Michelle L. Kranz, Esq.
ZOLL & KRANZ, LLC
6620 W. Central Ave., Suite 100
Toledo, OH 43617
Telephone: (419) 841-9623
Facsimile: (419) 841-9719
E-mail: michelle@toledolaw.com
- and -
Thomas H. Burt, Esq.
Lillian R. Grinnell, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 686-0114
E-mail: burt@whafh.com
grinnell@whafh.com
- and -
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Facsimile: (212) 686-0114
E-mail: malmstrom@whafh.com
- and -
Don Bivens, Esq.
DON BIVENS, PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 708-1450
E-mail: don@donbivens.com
CPG CATERING: Mader Seeks Proper Overtime and Minimum Wages
-----------------------------------------------------------
JACQUES MADER, individually and on behalf of all others similarly
situated pursuant to 29 U.S.C. Section 216 (b), Plaintiff v. CPG
CATERING, LLC d/b/a Gallagher's Grill and d/b/a Pat Gallagher's 527
Restaurant & Bar, Defendant, Case No. 2:24-cv-00925 (E.D. La.,
April 12, 2024) arises out of the Defendant's violations of the
Fair Labor Standards Act.
The Plaintiff was employed by Defendant as a server and a bartender
from April 2022 until approximately July of 2023. Plaintiff was
employed by Defendant to work as a server and bartender at its
restaurant in Covington, LA and Mandeville, LA. The Defendant,
however, paid Plaintiff and its other servers and bartenders at the
tip credit rate--less than FLSA minimum wage--while requiring them
to perform nontipped tasks. Moreover, Defendant violated the FLSA
by not even paying the minimum "tipped" hourly rate. In addition,
Defendant required its tipped employees to pay for tools, uniform
items, such as shirts, pants, and shoes, and other non-203(m)
items, says the suit.
CPG Catering owns and operates dining establishments known as the
Pat Gallagher's Restaurant Group: Gallagher's Grill, Pat
Gallagher's 527 Restaurant & Bar, Gallagher's on Front Street and
Pat's Rest Awhile. [BN]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET PC
2 Greenway Plaza, Ste. 250
Houston, TX 77046
Telephone 713 999 5228
E-mail: matt@parmet.law
- and -
Drew N. Herrmann, Esq.
HERRMANN LAW, PLLC
801 Cherry St., Suite 2365
Fort Worth, TX 76102
Telephone: 817-479-9229
Facsimile: 817-840-5102
E-mail: drew@herrmannlaw.com
- and -
Douglas B. Welmaker, Esq.
WELMAKER LAW, PLLC
409 N. Fredonia, Suite 118
Longview, TX 75601
Telephone: (512) 799-2048
E-mail: doug@welmakerlaw.com
CVS PHARMACY: BPO Products' Benzene Level "Unsafe," Montenegro Says
-------------------------------------------------------------------
ALAN MONTENEGRO, individually and on behalf of all others similarly
situated, Plaintiff v. CVS PHARMACY, INC., CVS HEALTH CORPORATION,
and DOES 1 to 50, inclusive, Defendants, Case No.
2:24-cv-01876-ODW-SK (C.D. Cal., March 7, 2024) is a class action
against the Defendants for violations of the California's Unfair
Competition Law and the California's Consumer Legal Remedies Act
and for false advertising, deceptive trace practices, breach of
express warranty, breach of implied warranty, and unjust
enrichment.
The case arises from the Defendants' false, deceptive, and
misleading advertising, labeling, and marketing of benzoyl peroxide
acne treatment drug (BPO) products. According to the complaint, the
Defendants sell BPO products without warning consumers these
products contain unsafe levels of the potent human carcinogen
benzene, and that they were at risk of degrading further into
benzene under normal use, handling, and storage conditions. As a
result of the consumer deception, the Plaintiff, the Class,
Subclasses, and the public were economically harmed, as they
purchased a product that they otherwise would have never purchased.
They were also physically harmed by being exposed to a known human
carcinogen, says the suit.
CVS Pharmacy, Inc. is a subsidiary of CVS Health Corporation with
its principal place of business at 1 CVS Drive, Woonsocket, Rhode
Island.
CVS Health Corporation is an American healthcare company with its
principal place of business at 1 CVS Drive, Woonsocket, Rhode
Island. [BN]
The Plaintiff is represented by:
R. Brent Wisner, Esq.
Stephanie B. Sherman, Esq.
WISNER BAUM, L.L.P
11111 Santa Monica Boulevard, Suite 1750
Los Angeles, CA 90025
Telephone: (310) 207-3233
Facsimile: (310) 820-7444
Email: rbwisner@wisnerbaum.com
ssherman@wisnerbaum.com
DADA NEXUS: Continues to Defend Wang Securities Class Suit in Cal.
------------------------------------------------------------------
Dada Nexus Limited disclosed in its Form 20-F Report for the fiscal
period ending December 31, 2023 filed with the Securities and
Exchange Commission on April 22, 2024, that the Company continues
defend itself from the Wang securities class suit in the U.S.
District Court for the Central District of California.
On January 10, 2024, the Company, its former president, and former
chief financial officer were named as defendants in a putative
securities class action in the U.S. District Court for the Central
District of California under the caption Yan Wang v. Dada Nexus
Limited et al, No. 2:22-cv-00239.
Plaintiff alleges that the defendants made misleading statements or
omissions regarding its business operations and financials in
violation of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, and Rule 10b-5 promulgated thereunder.
Plaintiff purports to bring this class action on behalf of all
persons or entities who purchased or otherwise acquired its ADSs
between May 11, 2023 and January 8, 2024, both dates inclusive.
On April 5, 2024, the Court appointed Lead Plaintiff, who is
scheduled to file an amended complaint by June 4, 2024.
The Company intends to vigorously defend itself against all of the
claims.
Headquartered in Shanghai, China, Dada is a platform for local
on-demand retail and delivery in China. The company operates
JD-Daojia, one of China's largest local on-demand retail platforms
for retailers and brand owners, and Dada Now, a leading local
on-demand delivery platform open to merchants and individual
senders across various industries and product categories. Dada's
securities trade on NASDAQ under the ticker symbol "DADA." [BN]
FEDERAL BUREAU: Hancock Class Cert. Bid Denied w/o Prejudice
------------------------------------------------------------
In the class action lawsuit captioned as HANCOCK v. FEDERAL BUREAU
OF PRISONS, et al., Case No. 1:24-cv-00182 (D.D.C., Filed Jan. 12,
2024), the Hon. Judge Randolph D. Moss entered an order denying
without prejudice the Plaintiff's motion for class certification,
due to Plaintiff's pro se status.
Although the Plaintiff sought the appointment of counsel, the Court
denied that motion as premature due to the early stage of the
litigation.
If, however, the Plaintiff renews his motion for appointment of
counsel at a later date and the Court grants that motion, the Court
will consider whether to permit the Plaintiff to renew his motion
for class certification at that time.
The nature of suit Prisoner Petitions -- Habeas Corpus -- Civil
Rights.
Federal Bureau of Prisons manages federal prisons, and
community-based facilities that provide work and opportunities to
assist offenders.[CC]
FIRST ENROLL: Has Made Unsolicited Calls, Rashley Suit Claims
-------------------------------------------------------------
KYLE BUTLER RASHLEY, individually and on behalf of all others
similarly situated, Plaintiff v. FIRST ENROLL, LLC; and ACCESS ONE
CONSUMER HEALTH, INC., Defendants, Case No. 9:24-cv-80478-XXXX
(S.D. Fla., April 17, 2024) seeks to stop the Defendants' practice
of making unsolicited calls.
FIRST ENROLL, LLC is a one stop solution for billing and enrollment
needs - from lead to payment and recurring payment to billing
customer service. [BN]
The Plaintiff is represented by:
Charlotte F. Kelly, Esq.
FERNEE KELLY LAW
14502 N. Dale Mabry Hwy #200
Tampa, FL 33618
Email: charlotte@ferneekellylaw.com
- and -
Yeremey Krivoshey, Esq.
SMITH KRIVOSHEY, PC
166 Geary Str STE 1500-1507
San Francisco, CA 94108
Telephone: 415-839-7077
Facsimile: (888) 410-0415
Email: yeremey@skclassactions.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street 5 th Floor #1520
Boston, MA 02116
Telephone: 617-377-4704
Facsimile: (888) 410-0415
Email: joel@skclassactions.com
FLYING FOOD: Filing for Class Cert. Bid in Torres Due May 24
------------------------------------------------------------
In the class action lawsuit captioned as MARIA TORRES et al., v.
FLYING FOOD GROUP LLC, Case No. 2:23-cv-09980-SB-MRW (C.D. Cal.),
the Hon. Judge Stanley Blumenfeld, Jr. entered an order continuing
class certification deadlines as follows:
Event Current Date New Date
Trial March 17, 2025 June 30,
2025
Pretrial Conference Feb. 28, 2025 June 13,
2025
Motion for Class Certification May 24, 2024 Sept. 6,
2024
Opposition to Motion for Class June 7, 2024 Sept. 20,
2024
Certification
Reply Brief in Support of Class June 21, 2024 Oct. 4,
2024
Certification
Motion for Class Certification July 12, 2024 Oct. 25,
2024
Hearing
Settlement Conference Deadline Dec. 20, 2024 April 4,
2025
Flying Food provides authentic meals (fresh and shelf stable) as
well as logistics and digital services to the travel and retail
industries.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8He6AH at no extra
charge.[CC]
GEICO: MAO-MSO Can File Class Cert Bid Under Seal
-------------------------------------------------
In the class action lawsuit captioned as MAO-MSO Recovery II, LLC,
et al., v. Government Employees Insurance Company (GEICO), et al.,
Case No. 8:17-cv-00711-TDC (D. Md.), the Hon. Judge Theodore Chuang
entered an order granting the motions to file under seal the
Plaintiffs' motion for class certification and incorporated
memorandum of law, and Defendants' opposition to the motion for
class certification.
The parties shall file redacted versions of their respective briefs
within 14 days of the date of this order.
Government Employees is an American auto insurance company
headquartered in Chevy Chase, Maryland.
A copy of the Court's order dated April 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=G4k4g1 at no extra
charge.[CC]
GENERAL MOTORS: Cho Sues Over Chevrolet Camaro's Safety Defect
--------------------------------------------------------------
JUDY CHO, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, v. GENERAL MOTORS COMPANY, Defendant, Case No.
8:24-cv-00819 (C.D. Cal., April 12, 2024), arises from Defendant's
failure to warn Plaintiff and other consumers of a material safety
defect of its Chevrolet Camaros. Moreover, asserting claims for
breach of implied warranty, fraudulent concealment, unjust
enrichment, and for violations of the California Consumer Legal
Remedies Act, California's Unfair Competition Law, and the
Song-Beverly Consumer Warranty Act.
The Plaintiff purchased a brand new 2023 Chevrolet Camaro (ending
in VIN Number 1896) from Connell Chevrolet located at 2828 Harbor
Blvd, Costa Mesa, CA on or around October 16, 2022. Unbeknownst to
Plaintiff at the time of the purchase of her vehicle, she suffered
an economic injury due to the Defect in the Chevrolet Camaro. The
vehicle was equipped with hackable key fob system, compromising the
security of the vehicle, poses safety risks and other
inconveniences. As a result, on or around March 14, 2024, at
approximately 1:00 AM, Plaintiff's Chevrolet Camaro was stolen from
her home located in Irvine, CA, says the suit.
Headquartered in Detroit, MI, General Motors owns and manufactures
Chevrolet vehicles, including the Chevrolet Camaro. [BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Pamela Prescott, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Ave., Unit D1
Costa Mesa, CA 92626
Telephone: (800)400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
pamela@kazlg.com
GENERAL MOTORS: Mason Sues Over Collection of Driver Behavior Data
------------------------------------------------------------------
BRUCE MASON, individually and behalf of all others similarly
situated, Plaintiff, v. GENERAL MOTORS, LLC; ONSTAR, LLC;
LEXISNEXIS RISK SOLUTIONS, INC., Defendants, Case No.
1:24-cv-01558-TWT (N.D. Ga., April 12, 2024), arises from
Defendants' covert collection of consumers' driver behavior data
through computer software installed in automobile vehicles or via
linked application, and the sharing, use, and sale of that data
without consumers' notice, knowledge, or consent.
The Plaintiff brings this action for economic damages and
injunctive relief on behalf of all persons whose driver behavior
data were captured, collected, stored, and/or transferred or sold
without full notice or consent. The Plaintiff further alleges that
Defendants' wrongful conduct constitutes a violation of the Fair
Credit Reporting Act; a violation of state consumer protection laws
including the South Carolina Unfair Trade Practices Act; tortious
interference with drivers' relations with their automobile
insurers; common law invasion of privacy; and unjust enrichment.
Headquartered in Detroit, MI, General Motors Company manufactures
four automobile brands: Chevrolet, GMC, Cadillac, and Buick. [BN]
The Plaintiff is represented by:
M. Brandon Smith, Esq.
CHILDERS, SCHLUETER & SMITH LLC
1932 North Druid Hills Road, Suite 100
Atlanta, GA 30319
Telephone: (404) 419-9500
E-mail: bsmith@cssfirm.com
- and -
Bryan L. Clobes, Esq.
Alexander J. Sweatman, Esq.
Christopher P. Dolotosky, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
135 South LaSalle Street, Suite 3210
Chicago, IL 60603
Telephone: (312) 782-4880
E-mail: bclobes@caffertyclobes.com
asweatman@caffertyclobes.com
cdolotosky@caffertyclobes.com
- and -
Bryan Aylstock, Esq.
D. Nicole Guntner, Esq.
Reagan Charleston Thomas, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ PLLC
17 E. Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: baylstock@awkolaw.com
GREAT AMERICAN: Stipulation to Continue Class Cert Hearing OK'd
---------------------------------------------------------------
In the class action lawsuit captioned as ELLEN LEE and CHUNG LEE;
Individually, and on Behalf of the Class; and HAMID R. TAVAKOLIAN,
Individually Only, v. GREAT AMERICAN LIFE INSURANCE COMPANY, an
Ohio Corporation, Case No. 5:20-cv-01133-SPG-SHK (C.D. Cal.), the
Hon. Judge Sherilyn Peace Garnett entered an order granting joint
stipulation to continue hearing on plaintiffs' motion for class
certification.
Great American is engaged in property and casualty insurance.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WxHnxD at no extra
charge.[CC]
GREENSKY INC: Court Vacates Case Management Conference in Belyea
----------------------------------------------------------------
In the class action lawsuit captioned as Belyea v. GreenSky, Inc.
et al., Case No. 3:20-cv-01693 (N.D. Cal., Filed March 9, 2020),
the Hon. Judge Jacqueline Scott Corley entered an order vacating
case management conference.
The parties shall contact the Court's Courtroom Deputy Clerk to
schedule a further case management conference if the need arises
between now and the class certification hearing date.
The nature of suit Torts -- Personal Property -- Other Fraud.
GreenSky operates as a technology company in the payment, credit,
and commerce space.[CC]
GREYLOCK MCKINNON: Lilly Sues Over Massive Private Data Breach
--------------------------------------------------------------
RICHARD LILLY, individually, and on behalf of all others similarly
situated, Plaintiff v. GREYLOCK MCKINNON ASSOCIATES, INC.,
Defendant, Case No. 1:24-cv-10951-MPK (D. Mass., April 29, 2024)
arises from the Defendant's failure to properly secure and
safeguard Representative Plaintiff's and Class members' protected
health information and personally identifiable information stored
within Defendant's information network.
Plaintiff Lilly seeks to hold Defendant responsible for the harms
it caused and will continue to cause him and, at least, 341,650
other similarly situated persons in the massive and preventable
cyberattack purportedly discovered by Defendant on May 30, 2023, by
which cybercriminals infiltrated Defendant's inadequately protected
network servers and accessed highly sensitive PHI/PII which was
being kept unprotected.
Headquartered in Boston, MA, Greylock McKinnon provides expert
economic analysis and litigation support to a diverse group of
domestic and international clients in the legal profession, the
business community and government agencies. [BN]
The Plaintiff is represented by:
Robert T. Naumes Jr., Esq.
JEFFREY GLASSMAN INJURY LAWYERS
One International Place, 18th Floor
Boston, MA 02186
Telephone: (617) 777-7777
Facsimile: (617) 722-9999
E-mail: bnaumes@jeffreysglassman.com
- and -
Scott Edward Cole, Esq.
COLE & VAN NOTE
555 12th Street, Suite 2100
Oakland, CA 94607’’
Telephone: (510) 891-9800
Facsimile: (510) 891-7030
E-mail: sec@colevannote.com
HARD EIGHT: Miran Sues Over Mislabeled Dietary Supplements
----------------------------------------------------------
SEAN MIRAN, individually and on behalf of all others similarly
situated, Plaintiff v. HARD EIGHT NUTRITION LLC d/b/a
BulkSupplements.com, Defendant, Case No. 5:24-cv-00807 (C.D. Cal.,
April 17, 2024) alleges that the Defendant advertises and mislabels
its "Magnesium Glycinate Powder" dietary supplement powder (the
"Magnesium Supplements" or the "Supplements") throughout the United
States that purport to contain 400 mg of Magnesium "as Magnesium
Glycinate" per one serving comprised of 2,200 milligrams of
powder.
The Plaintiff alleges in the complaint that in misstating the
actual magnesium content of the Supplements, the Defendant violates
federal and state law and regulations designed to prevent deceptive
supplement labeling and breaches the express warranty created by
its labeling. Defendant's prominent misrepresentations regarding
its Magnesium Supplements form a pattern of unlawful and unfair
business practices that visits harm on the consuming public.
As a result of the Defendant's fraudulent acts, and omissions
related to the magnesium contents of the Supplement, Defendant
obtained monies which rightfully belong to the Plaintiff, and the
Class Members to the detriment of Plaintiff and Class Members, says
the suit.
HARD EIGHT NUTRITION, LLC was founded in 2012 and is headquartered
in Henderson, NV, as a manufacturer of nutritional supplements.
[BN]
The Plaintiff is represented by:
Trinette G. Kent, Esq.
LEMBERG LAW, LLC
1100 West Town & Country Rd. Suite 1250
Orange, CA 92868
Telephone: (480) 247-9644
Facsimile: (480) 717-4781
Email: tkent@lemberglaw.com
HEALTH CAREER: Wins Bid to File Amended Class Cert Response
------------------------------------------------------------
In the class action lawsuit captioned as Roberson, et al., v.
Health Career Institute LLC, et al., Case No. 9:22-cv-81883 (S.D.
Fla., Filed Dec. 2, 2022), the Hon. Judge Rodolfo A. Ruiz, II
entered an order granting motion to file amended response to the
Plaintiffs' renewed motion for class certification.
-- The Defendants shall file their Amended Response to Plaintiffs'
Renewed Motion for Class Certification on the docket.
The nature of suit states civil rights violation.[CC]
HOME DEPOT: Timmins Sues Over Deceptive Pricing Scheme
------------------------------------------------------
LACEY TIMMINS, individually and on behalf of all other similarly
situated, Plaintiff v. THE HOME DEPOT U.S.A., INC., Defendant, Case
No. 2:24-at-00476 (E.D. Cal., April 17, 2024) is a class action
lawsuit brought to address the Defendant's misleading and unlawful
pricing, sales, and discounting practices on its website
www.homedepot.com.
According to the Plaintiff in the complaint, the products at issue
include all goods that have at any time been offered on the
website, at a sale or discounted price from a higher reference
price, including without limitation: appliances, tools, outdoor
equipment, home equipment, furniture, and garden equipment, and
many other categories. Defendant advertises false, misleading, and
inflated comparison reference prices to deceive customers into a
belief that the sale price is a discounted bargain price.
Anyone visiting the website who buys an item on "sale" from a
stricken former or regular price is being misled. This is because
that item has not been listed for sale or sold on the website, in
the recent past and for a substantial time, at the former price.
Yet Defendant's use of inflated reference prices, strikethrough
pricing and discounting, and purported limited time sales all lead
reasonable consumers to believe that the products in fact had been
listed for sale and sold on the website, at the former and regular
price, in the recent past, for a substantial period of time, says
the suit.
HOME DEPOT U.S.A., INC. operates home improvement retail stores.
The Company offers building materials, home improvement, lawn,
garden, kitchen, lighting, storage, and flooring design products.
[BN]
The Plaintiff is represented by:
Alexander E. Wolf, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
280 South Beverly Drive, Penthouse
Beverly Hills, CA 90212
Telephone: (872) 365-7060
Email: awolf@milberg.com
HOME PARTNERS: Bid to Extend Deadlines to File Responses OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as RANK RICHMOND et al., v.
HOME PARTNERS HOLDING LLC et al., Case No. 3:22-cv-05704-DGE (W.D.
Wash.), the Hon. Judge David Estudillo entered an order granting
stipulated motion to extend deadlines to file responses and
replies:
Event Current Proposed
Deadline Deadline
Plaintiffs' Response to April 24, 2024 April 26,
2024
Motion to Exclude Expert
Testimony:
Plaintiffs' Reply in Support April 24, 2024 April 26,
2024
of Class Certification Motion:
Noting Date and Defendants' May 1, 2024 May 8, 2024
Reply in Support of Summary
Judgment:
Noting Date and Defendants' May 3, 2024 May 10, 2024
Reply in Support of Motion
to Exclude Expert Testimony:
Home Partners operates as a real estate owners and developers.
A copy of the Court's order dated April 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=DlcN0a at no extra
charge.[CC]
HOMETOWN EQUITY: Edry Seeks OK of Class Status Bid
--------------------------------------------------
In the class action lawsuit captioned as IDAN U. EDRY, an
individual, on behalf of himself and others similarly situated; v.
HOMETOWN EQUITY MORTGAGE, LLC, a Missouri limited-liability
company, d/b/a/ THELENDER, Case No. 2:22-cv-00804-MMD-MDC (D.
Nev.), the Plaintiff asks the Court to enter an order granting his
motion for class certification.
This is a straightforward breach of contract case involving
commercial mortgage loans and interest rate lock agreements. All
the loans were processed under Defendant's standard process and
using form documents. They also included interest rate-lock
agreements that Defendant extended to approximately 430 borrowers,
including Plaintiff Idan Edry.
However, before the expiration date for the rate locks, and before
the closing date for each class member's loan, Defenant issued a
uniform notice of revocation of the interest rate locks to all 430
class members.
As a result, Plaintiff and Class Representative Mr. Edry was denied
the right to close on an approved loan for $478,400.00 with a
locked interest rate of 4.5%. He was left to either abandon his
loan at the 11th hour -- and perhaps lose his cash investment or
jeopardize the rental income on the property being purchased -- or
proceed with Defendant's forced new loan terms, which included a
1.75% higher interest rate.
The Plaintiff first seeks certification of the following Class,
"All persons who, according to Defendant's records, had their rate
lock dishonored pursuant to the Notice to Brokers sent out on Feb.
16, 2022."
The Defendant is "a state chartered independent mortgage company
that [sold] business purpose loans."
A copy of the Plaintiff's motion dated April 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=COIDu6 at no extra
charge.[CC]
The Plaintiff is represented by:
Royi Moas, Esq.
Jordan Butler, Esq.
WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
3773 Howard Hughes Parkway
Suite 590 South
Las Vegas, NV 89169
Telephone: (702) 341-5200
E-mail: rmoas@wrslawyers.com
jbutler@wrslawyers.com
- and -
Jason J. Thompson, Esq.
Kevin J. Stoops, Esq.
David R. Parker, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
kstoops@sommerspc.com
dparker@sommerspc.com
- and -
Shoham Segal, Esq.
LVNV LEGAL
1180 N. Town Center Dr., Suite 100
Las Vegas, NV 89144
Telephone: (702) 660-6700
E-mail: Segal@Lvnvlegal.com
HOUSER LLP: Kausse Files Personal Injury Suit in C.D. California
----------------------------------------------------------------
A class action lawsuit has been filed against Houser LLP. The case
is captioned as JOSEPH KAUSSE, individually and on behalf of all
others similarly situated v. HOUSER LLP, Case No.
8:24-cv-00495-WLH-ADS (C.D. Cal., March 7, 2024).
The Plaintiff brings personal injury claims against the Defendant.
Houser LLP is a commercial and business litigation law firm in
California. [BN]
The Plaintiff is represented by:
Robert A. Mackey, Esq.
LAW OFFICES OF ROBERT MACKEY
660 Baker Street, Building A, Suite 201
Costa Mesa, CA 92626
Telephone: (412) 370-9110
Email: bobmackeyesq@aol.com
INOTIV INC: Class Cert Filing in Securities Suit Due Jan. 6, 2025
-----------------------------------------------------------------
In the class action lawsuit Re Inotiv Inc. Securities Litigation,
Case No. 4:22-cv-00045-PPS-JEM (N.D. Ind.), the Hon. Judge John
Martin entered a class certification discovery schedule order as
follows:
(1) Rule 26(a)(1) initial exchanges must be May 24,
2024
completed, but not filed with the
Court, by:
(2) The parties' deadline to seek leave to June 8,
2025
amend the pleadings is:
(3) The deadline to complete all fact Aug. 7,
2025
discovery is:
(4) The Plaintiffs' expert witness Jan. 6, 2025
disclosures and reports as to
class certification issues are
to be provided to Defendants by:
(5) The Defendants' rebuttal expert witness March 6,
2025
disclosures and reports as to class
certification issues are to be provided
to Plaintiffs by:
(6) Reply expert witness disclosures and April 21,
2025
reports as to class certification
issues are due by:
(7) Motion for class certification to be Jan. 6, 2025
filed by:
(8) Plaintiffs' expert witness Sept. 7,
2025
disclosures and reports as to all
issues other than class
certification are to be provided to
Defendants by:
(9) Defendants' rebuttal expert witness Nov. 7, 2025
disclosures and reports as to all
issues other than class certification
are to be provided to Plaintiffs by:
(10) Reply expert witness disclosures and Dec. 22,
2025
reports as to all issues other than
class certification are due by:
(11) The deadline to complete all expert Jan. 22,
2026
discovery is:
Inotiv provides nonclinical and analytical drug discovery and
development services, research models and related products and
services.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=oBNGwU at no extra
charge.[CC]
J & D RESTAURANTS: Faces Gutierrez Wage-and-Hour Suit in Washington
-------------------------------------------------------------------
JOSE GUTIERREZ, individually and on behalf of all others similarly
situated, Plaintiff v. J & D RESTAURANTS, INC., a Washington profit
corporation doing business as DENNY'S RESTAURANT; AWASHINGTON, LLC,
a Washington limited liability company doing business as DENNY'S
RESTAURANT; and DOES 1-20, Defendants, Case No. 24-2-05401-4 SEA
(Wash. Super., King Cty., March 11, 2024) is a class action against
the Defendants for violations of the Washington Industrial Welfare
Act including failure to provide compliant rest periods, failure to
furnish accurate wage statements, failure to pay minimum wage, and
wage theft.
Mr. Gutierrez worked for the Defendants as a non-exempt employee at
Denny's restaurant located at 2801 West Kennewick Avenue,
Kennewick, Washington.
J & D Restaurants, Inc., doing business as Denny's Restaurant, is a
restaurant owner and operator based in Washington.
Awashington, LLC, doing business as Denny's Restaurant, is a
restaurant owner and operator in King County, Washington. [BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
EMERY REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: (206) 442-9106
Facsimile: (206) 441-9711
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
KELAI CORP: Appeals Court Judgment in Feng FLSA Suit to 2nd Cir.
----------------------------------------------------------------
KELAI CORP., doing business as Jef Chinese, et al. are taking an
appeal from a court judgment in the lawsuit entitled Shanggang
Feng, individually and on behalf of and all others similarly
situated, Plaintiff, v. Kelai Corp., et al., Defendants, Case No.
1:18-cv-12329, in the U.S. District Court for the Southern District
of New York.
The lawsuit arises under the Fair Labor Standards Act.
On Mar. 29, 2024, the Court ruled in favor of the Plaintiff through
an Order entered by Judge Robert W. Lehrburger. The Court ordered
the Defendants to pay the Plaintiff: (1) damages for unpaid wages
of $52,396.50, plus pre-judgment interest to be calculated by the
Clerk of Court at the rate of 9 percent, from September 26, 2017,
to the date of judgment; (2) $52,396.50 in liquidated damages; (3)
reasonable attorneys' fees in the amount of $83,307.92; (4) costs
in the amount of $2,010.35; and (5) post-judgment interest pursuant
to 28 U.S.C. Sec. 1961. However, the Plaintiff's claims for failure
to comply with wage notice and statement requirements were
dismissed without prejudice for lack of standing.
The appellate case is captioned Feng v. Kelai Corp., Case No.
24-979, in the United States Court of Appeals for the Second
Circuit, filed on April 15, 2024. [BN]
Plaintiff-Appellee SHANGGANG FENG, individually and on behalf of
all others similarly situated, is represented by:
Aaron B. Schweitzer, Esq.
TROY LAW PLLC
41-25 Kissena Boulevard
Flushing, NY 11355
Defendants-Appellants KELAI CORP., d/b/a Jef Chinese, et al. are
represented by:
Christopher Robert Travis, Esq.
TRAVIS LAW PLLC
40 Wall Street, Suite 2508
New York, NY 10005
KELLER WILLIAMS: Hill Files Suit in D. Kansas
---------------------------------------------
A class action lawsuit has been filed against Keller Williams
Realty, Inc. The case is styled as Robert E. Hill, individually and
on behalf of all other persons similarly situated v. Keller
Williams Realty, Inc., Case No. 2:24-cv-02111-EFM-BGS (D. Kan.,
March 25, 2024).
The nature of suit is state as Other Contract for Breach of
Contract.
Keller Williams Realty -- https://www.kw.com/ -- is an American
technology and international real estate franchise with
headquarters in Austin, Texas.[BN]
The Plaintiff is represented by:
Paul D. Anderson, Esq.
HUMPHREY, FARRINGTON & MCCLAIN
221 West Lexington, Suite 400
Independence, MO 64050
Phone: (816) 836-5050
Fax: (816) 836-8966
Email: pda@hfmlegal.com
KELLER WILLIAMS: Moulder Files Suit in W.D. Texas
-------------------------------------------------
A class action lawsuit has been filed against Keller Williams
Realty, Inc. The case is styled as Jerri L. Moulder, Jerri L.
Moulder, P.C., individually and on behalf of all others similarly
situated v. Keller Williams Realty, Inc., Case No.
5:24-cv-00292-JKP-ESC (W.D. Tex., March 22, 2024).
The nature of suit is state as Other Contract for Breach of
Contract.
Keller Williams Realty -- https://www.kw.com/ -- is an American
technology and international real estate franchise with
headquarters in Austin, Texas.[BN]
The Plaintiffs are represented by:
Gabriel A. Narvaez, Esq.
Justin Allen Hill, Esq.
HILL LAW FIRM
445 Recoleta Road
San Antonio, TX 78216
Phone: (210) 960-3939
Fax: (844) 404-4455
Email: gabriel@jahlawfirm.com
service@jahlawfirm.com
- and -
Jonathan M. Soper, Esq.
Kenneth B. Mcclain, Esq.
Kevin D. Stanley, Esq.
HUMPHREY, FARRINGTON & MCCLAIN, P.C.
221 W. Lexington Avenue, Suite 400
Independence, MO 64050
Phone: (816) 836-5050
Fax: (816) 836-8966
LEXISNEXIS RISK: Scroggins Can Seal Unredacted Bid to Certify Class
-------------------------------------------------------------------
In the class action lawsuit captioned as KERRY JENNIFER SCROGGINS,
V. LEXISNEXIS RISK SOLUTIONS FL INC., Case No.
3:22-cv-00545-MHL-SLS (E.D. Va.), the Hon. Judge M. Hannah Lauck
entered an order granting:
(1) the Plaintiff Kerry Jennifer Scroggins's Motion to Seal the
unredacted version of Plaintiff's Memorandum in Support of
Motion to Exclude;
(2) Ms. Scroggins's Motion to Seal the unredacted version of
Memorandum in Support of Plaintiff's Motion in Limine; and,
(3) Ms. Scroggins's Motion to Seal the unredacted version of
Plaintiff's Motion to Certify Class.
Ms. Scroggins's motions have provided public notice of the request
to seal, as have the contemporaneously filed Notices of Filing
Under Seal. The Motions and Notices have allowed interested parties
a reasonable opportunity to object.
Second, the Court has considered less drastic alternatives to
sealing the redacted portions of the Memoranda and Motion and
selected accompanying exhibits and finds that no other alternative
will protect the privacy interests at issue here.
Lexisnexis provides full service legal advice.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LBrT0t at no extra
charge.[CC]
MDL 2873: Grotefend Sues Over Injury Sustained From AFFF Products
-----------------------------------------------------------------
BRIAN GROTEFEND, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.; and, W.L. GORE & ASSOCIATES INC.,
Defendants, Case No. 2:24-cv-01185-RMG (D.S.C., March 8, 2024 ) is
a class action against the Defendants for negligence, battery,
inadequate warning, design defect, strict liability, fraudulent
concealment, breach of express and implied warranties, wantonness,
and fraudulent transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with testicular cancer, thyroid
cancer, and other injuries, says the suit.
The Grotefend case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a fire department equipment supplier in
Arcadia, California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemical company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a manufacturer of firefighting equipment in Ohio.
Globe Manufacturing Company LLC is a manufacturer and supplier of
turnout gear and other products in New Hampshire.
Honeywell Safety Products USA, Inc. is a manufacturer of personal
protective equipment (PPE) based in Pennsylvania.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is an independent safety distributor
in Oregon.
Mine Safety Appliances Co., LLC is an American manufacturer and
supplier of safety equipment in Pennsylvania.
Municipal Emergency Services, Inc. is a supplier of personal
protective equipment in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
PBI Performance Products, Inc. is a fire protection equipment in
North Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric in Georgia.
Stedfast USA, Inc. is a protective barrier technology company based
in Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
W.L. Gore & Associates Inc. is a global materials science company
in Delaware. [BN]
The Plaintiff is represented by:
Steven D. Davis, Esq.
Eric W. Cracken, Esq.
TORHOERMAN LAW LLC
210 S. Main Street
Edwardsville, IL 62025
Telephone: (618) 656-4400
Facsimile: (618) 656-4401
MDL 2873: Hyravy Suit Claims PFAS Exposure From AFFF Products
-------------------------------------------------------------
DANIEL HYRAVY, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.;
BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.; and, W.L. GORE & ASSOCIATES INC.,
Defendants, Case No. 2:24-cv-01184-RMG (D.S.C., March 8, 2024 ) is
a class action against the Defendants for negligence, battery,
inadequate warning, design defect, strict liability, fraudulent
concealment, breach of express and implied warranties, wantonness,
and fraudulent transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with leukemia and other injuries,
the suit says.
The Hyravy case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Allstar Fire Equipment is a fire department equipment supplier in
Arcadia, California.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemical company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a manufacturer of firefighting equipment in Ohio.
Globe Manufacturing Company LLC is a manufacturer and supplier of
turnout gear and other products in New Hampshire.
Honeywell Safety Products USA, Inc. is a manufacturer of personal
protective equipment (PPE) based in Pennsylvania.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is an independent safety distributor
in Oregon.
Mine Safety Appliances Co., LLC is an American manufacturer and
supplier of safety equipment in Pennsylvania.
Municipal Emergency Services, Inc. is a supplier of personal
protective equipment in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
PBI Performance Products, Inc. is a fire protection equipment in
North Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric in Georgia.
Stedfast USA, Inc. is a protective barrier technology company based
in Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
W.L. Gore & Associates Inc. is a global materials science company
in Delaware. [BN]
The Plaintiff is represented by:
Steven D. Davis, Esq.
Eric W. Cracken, Esq.
TORHOERMAN LAW LLC
210 S. Main Street
Edwardsville, IL 62025
Telephone: (618) 656-4400
Facsimile: (618) 656-4401
MDL 3104: Panel Denies Transfer of 50 Suits to Sex Trafficking Row
------------------------------------------------------------------
In "In re: Hotel Industry Sex Trafficking Litigation (No. II)," MDL
No. 3104, Karen K. Caldwell, Chairperson of the U.S. Judicial Panel
on Multidistrict Litigation denied the transfer and centralization
of 50 actions in the U.S. District Court for the Southern District
of Ohio.
Plaintiffs in all actions allege that they are victims of sex
trafficking that occurred at hotel properties located across the
country and that the involved hotel defendants are liable for
damages under the Trafficking Victims Protection Reauthorization
Act of 2008 ("TVPRA"), 18 U.S.C. Section 1595, and, in some
instances, state law.
The panel notes that these actions continue to involve "different
hotels, different alleged sex trafficking ventures, different hotel
brands, different owners and employees, different geographic
locales, different witnesses, different indicia of sex trafficking,
and different time periods." There certainly may be common
discovery concerning a particular hotel brand's policy at a point
in time, or knowledge of sex trafficking within the hotel industry,
generally, or at a particular hotel brand's property. But any of
these general common facts is likely to be overwhelmed by
individualized discovery regarding not only the circumstances of a
particular plaintiff's alleged trafficking, but also the varied
defendants and their relationships with each other.
"We are not persuaded that informal coordination is insufficient
here," rules the panel. "Plaintiffs' counsel overlaps to a
significant extent. Even the firms filing different responses to
the Section 1407 motion overlap as co-counsel in many cases. The
judges presiding over large groups of cases should be able to
realize important efficiencies by coordinating with each other and
by streamlining the cases before them. Of the 113 known cases in
this current litigation, 62 are pending before two judges in two
districts. Twenty-two are pending in the Eastern District of Texas,
and 40 are pending in the Southern District of Ohio. These two
courts do not need the procedural mechanism of Section 1407
centralization in place to exercise their inherent authority to
coordinate the cases before them or to establish an efficient
pretrial structure. Several defendants stated their willingness to
informally coordinate, and it appears the parties are working to
streamline proceedings, including regarding plaintiff identity
protections and confidentiality -- issues proponents of
centralization argued have been repeatedly re-litigated."
Finally, the previous motion for centralization had support from
some plaintiffs, some defendants, and certain anti-sex trafficking
organizations filing an amicus brief, notes the panel. Today, all
responding defendants and amici oppose centralization. This
significant shift towards opposition to centralization suggests
that an MDL for these cases remains unnecessary, it adds.
A full-text copy of the court's April 11, 2024 order is available
at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3104-Order_Denying_Transfer-3-24.pdf
MDL 3105: Panel Denies Centralization of Two Suits
--------------------------------------------------
In "In re: College Athlete Compensation Antitrust Litigation," MDL
No. 3105, Karen K. Caldwell, Chairperson of the U.S. Judicial Panel
on Multidistrict Litigation, denied the centralization of two cases
-- one from the U.S. District Court for the Northern District of
California, and one from the District of Colorado.
These are litigations against the National Collegiate Athletic
Association (NCAA) challenging its amateurism model of college
athletics and take direct aim at its prohibition on
student-athletes receiving compensation from the NCAA, athletic
conferences, or their schools for their athletic services.
Plaintiffs in each action name the NCAA and the largest athletic
conferences and allege that the defendants' restrictions on
student-athlete compensation deprived them of substantial
television and other revenues.
According to the panel, there is no dispute that these actions
involve common questions of fact arising from allegations that the
NCAA and the Power 5 Conferences violate the Sherman Act by
prohibiting student-athletes from receiving compensation for their
athletic services. The complaints identify the same alleged
relevant market for the labor of Division I college athletes and
propose overlapping nationwide classes.
"Even so, we have emphasized that "centralization under Section
1407 should be the last solution after considered review of all
other options,"" rules the panel.
A full-text copy of the court's April 11, 2024 order is available
at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3105-Order_Denying_Transfer-3-24.pdf
MDL 3106: Panel Denies Transfer of Four Suits to D. Col.
--------------------------------------------------------
In "In re: Recore Antitrust Litigation," MDL No. 3106, Karen K.
Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict
Litigation, denied the transfer of four cases -- one case each from
the U.S. District Court for the District of Colorado, Northern and
Southern District of Texas and the Western District of Virginia, to
the District of Colorado.
Plaintiffs in these actions are a franchisor and three franchisees
that provide diesel particulate filter (DPF) services to the diesel
industry. Defendants are suppliers of equipment and technology for
"re-coring" or replacing the filter within a DPF, which they market
under the name "Recore." Plaintiffs allege that the franchisee
plaintiffs were induced to enter into contracts to use Recore
equipment and technology based on defendants' false representations
that, among other things, Recore was protected by a U.S. patent,
and each franchisee would receive an exclusive territory for the
use of Recore, be provided access to national accounts, receive
professional sales assistance, and be permitted to terminate its
relationship with defendants and return the Recore equipment for a
full refund if it was not satisfied. The actions likely will
involve some common issues of fact relating to defendants' Recore
equipment and technology, how Recore was marketed, and the terms of
the contracts involved.
On the basis of the papers filed and the hearing session held, the
panel concluded that centralization is warranted.
"Nevertheless, we are not persuaded that centralization is
warranted. These are, at bottom, fairly straight-forward contract
and misrepresentation actions. Plaintiffs assert claims under the
Sherman Act and argue that these claims will involve complicated
factual issues and discovery relating to the definition of the
relevant market and the effects of defendants' anticompetitive
conduct. Plaintiffs' antitrust claims, however, appear to be based
on essentially the same allegations as their other claims. In
addition, certain complaints involve case-specific allegations,"
the panel added.
Discovery will be case-specific as to the pre-contract discussions
and materials exchanged between defendants and each plaintiff, and
as to defendants' conduct toward each plaintiff after contracts
were entered into. None of the issues of fact seem particularly
complex, and it seems unlikely that discovery will be extensive or
time-consuming, notes the panel.
A full-text copy of the court's April 11, 2024 order is available
at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3106-Order_Denying_Transfer-3-24.pdf
METROHEALTH SYSTEM: Class Cert Bid Filing in Savel Due July 1
-------------------------------------------------------------
In the class action lawsuit captioned as FRANK SAVEL, v.
METROHEALTH SYSTEM, Case No. 1:22-cv-02154-JG (N.D. Ohio), the Hon.
Judge James Gwin entered an order setting following deadlines:
(1) Deadline to Add Parties or April 29, 2024
Amend Pleadings:
(2) Deadline for Filing Class Certification July 1, 2024
Motions:
(3) Deadline for Filing Opposition to July 15, 2024
Class Motions:
(4) Deadline for Filing Replies to July 22, 2024
Responses:
(5) Deadline for Filing Dispositive July 29, 2024
Motions:
(6) Deadline for Filing Opposition Aug. 12, 2024
to Dispositive Motions:
(7) Deadline for Filing Replies to Aug. 19, 2024
Responses:
(8) Deadline for All Discovery: Sept. 16, 2024
MetroHealth is a non-profit, public health care system.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HPSicu at no extra
charge.[CC]
NATIONAL ASSOCIATION: Initial Nod of Class Settlement Sought
------------------------------------------------------------
In the class action lawsuit captioned as DON GIBSON, LAUREN CRISS,
JOHN MEINERS, and DANIEL UMPA, on behalf of themselves and all
others similarly situated, v. NATIONAL ASSOCIATION OF REALTORS, et
al., Case No. 4:23-cv-00788-SRB (W.D. Mo.), the Plaintiffs ask the
Court to enter an order:
(1) preliminarily approving the Settlements;
(2) certifying the Settlement Classes for settlement purposes
only;
(3) appointing Gibson Plaintiffs as Settlement Class
Representatives;
(4) appointing Settlement Class Counsel; and
(5) appointing JND as the notice administrator and ordering that
notice be directed to the Settlement Classes in a manner
substantially similar to that issued in conjunction with the
Anywhere, RE/MAX, and Keller Williams Settlements in the
Burnett action.
The proposed Settlements resolve on a nationwide basis Plaintiffs'
claims for damages and injunctive relief against the Settling
Defendants for their alleged anticompetitive practices in the
nationwide market for residential real estate brokerage services.
The Gibson Settlement Agreements provide for meaningful practice
changes, cooperation in litigation against non-settling defendants,
and total payments of $96 million.
For purposes of the Settlements with Compass, Real Brokerage,
Realty ONE, and Douglas Elliman, the proposed Settlement Class
definition, pursuant to Rule 23(b)(3) is as follows (the
"Settlement Class"):
"All persons who sold a home that was listed on a multiple
listing
service anywhere in the United States where a commission was
paid
to any brokerage in connection with the sale of the home between
Oct. 31, 2019, and the date of Class Notice."
National Association is an American trade association for those who
work in the real estate industry.
A copy of the Plaintiffs' motion dated April 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=RZRtNQ at no extra
charge.[CC]
The Plaintiffs are represented by:
Brandon J.B. Boulware, Esq.
Jeremy M. Suhr, Esq.
Erin D. Lawrence, Esq.
BOULWARE LAW LLC
1600 Genessee Street, Suite 416
Kansas City, MO 64102
Telephone: (816) 492-2826
Facsimile: (816) 492-2826
E-mail: brandon@boulware-law.com
jeremy@boulware-law.com
erin@boulware-law.com
- and -
Michael Ketchmark, Esq.
Scott McCreight, Esq.
KETCHMARK AND MCCREIGHT P.C.
11161 Overbrook Rd. Suite 210
Leawood, KS 66211
Telephone: (913) 266-4500
E-mail: mike@ketchmclaw.com
smccreight@ketchmclaw.com
- and -
Michael A. Williams, Esq.
Matthew L. Dameron, Esq.
Eric L. Dirks, Esq.
WILLIAMS DIRKS DAMERON LLC
1100 Main Street, Suite 2600
Kansas City, MO 64105
Telephone: (816) 945 7110
Facsimile: (816) 945-7118
E-mail: mwilliams@williamsdirks.com
matt@williamsdirks.com
dirks@williamsdirks.com
- and -
Steve W. Berman, Esq.
Rio S. Pierce, Esq.
Jeannie Evans, Esq.
Nathan Emmons, Esq.
HAGENS BERMAN SOBOL SHAPIRO
LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: steve@hbsslaw.com
riop@hbsslaw.com
jeannie@hbsslaw.com
nathane@hbsslaw.com
- and -
Benjamin D. Brown, Esq.
Robert A. Braun, Esq.
Sabrina Merold, Esq.
Daniel Silverman, Esq.
COHEN MILSTEIN SELLERS &
TOLL PLLC
1100 New York Ave. NW, Fifth Floor
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: bbrown@cohenmilstein.com
rbraun@cohenmilstein.com
smerold@cohenmilstein.com
dsilverman@cohenmilstein.com
- and -
Marc M. Seltzer, Esq.
Steven G. Sklaver, Esq.
Beatrice C. Franklin, Esq.
Matthew R. Berry, Esq.
Floyd G. Short, Esq.
Alexander W. Aiken, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone: (310) 789-3100
E-mail: mseltzer@susmangodfrey.com
ssklaver@susmangodfrey.com
bfranklin@susmangodfrey.com
mberry@susmangodfrey.com
fshort@susmangodfrey.com
aaiken@susmangodfrey.com
NEW LIFE HEALTHY: Fails to Pay Proper Wages, Brito Alleges
----------------------------------------------------------
ISABELA RIVERA BRITO; MARIA BRITO CHAVEZ; PETRONA CUPLAY BERNAL;
and VICENTE SANCHEZ, Plaintiffs v. NEW LIFE HEALTHY LIVING, LLC;
NEW LIFE ADULT MEDICAL DAY CARE, LLC; AASHIANA, LLC; and ALIF
MANEJWALA, Defendants, Case No. 1:24-cv-01124-ABA (D. Md., April
17, 2024) seeks to recover from the Defendants unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
Plaintiffs Brito and Chavez were employed by the Defendants as
caregivers. Plaintiff Bernal was employed as housekeeper while
Plaintiff Sanchez as dishwasher.
NEW LIFE HEALTHY LIVING, LLC is an assisted living community
located in Windsor Mill Maryland that aims to provide a place to
call home to our active seniors. [BN]
The Plaintiffs are represented by:
David Rodwin, Esq.
Lucy Zhou, Esq.
PUBLIC JUSTICE CENTER
201 North Charles Street, Suite 1200
Baltimore, MD 21201
Telephone: (410) 625-9409
Facsimile: (410) 625-9423
Email: rodwind@publicjustice.org
zhoul@publicjustice.org
- and -
Ama Frimpong-Houser, Esq.
CASA
P.O. Box 7277
Hyattsville, MD 20787
Telephone: (240) 491-5767
Facsimile: (301) 408-4123
Email: afrimpong-houser@wearecasa.org
NEW YORK, NY: Plaintiffs Allowed to File Renewed Class Cert Bid
---------------------------------------------------------------
In the class action lawsuit captioned as Local 3621, EMS Officers
Union, DC-37, AFSCME, AFL-CIO et al v. City of New York, et al.,
Case No. 1:18-cv-04476-LJL-JW (S.D.N.Y.), the Hon. Judge Lewis
Liman entered an order granting the Plaintiffs' leave to file a
renewed motion for class certification, and in the alternative to
intervene, after the close of fact discovery and on the date that
summary judgment motions are due.
If the Court does exercise equitable tolling, Plaintiffs
respectfully submit it should not begin on April 11, 2024 as
Defendants claim, because the putative intervenors have "been
pursuing [their] rights diligently" and because Plaintiffs'
anticipated motion to certify creates a situation in which moving
to intervene immediately would potentially be a waste of judicial
resources.
As such, equitable tolling of the statute of limitations for the
putative class members and intervenors would be more appropriately
set from May 21, 2018, until a final determination is made
regarding class certification.
Lastly, Defendants' letter does not consider the timeliness of the
anticipated motion for intervention, which must be addressed given
Defendants' request that such motion be delayed until the close of
merits discovery.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KJ7XL1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Yetta G. Kurland, Esq.
THE KURLAND GROUP
85 Broad Street, 28th Floor
New York, NY 10004
Telephone: (212) 253-6911
E-mail: kurland@kurlandgroup.com
NEW YORK, NY: Settlement in Clark Suit Gets Initial Nod
-------------------------------------------------------
In the class action lawsuit captioned as JAMILLA CLARK and ARWA
AZIZ, on Behalf of Themselves and Others Similarly Situated, v.
CITY OF NEW YORK, Case No. 1:18-cv-02334-AT-KHP (S.D.N.Y.), the
Hon. Judge Analisa Torres entered an order granting preliminary
approval of class action Settlement as follows:
-- The Court appoints Rust Consulting, Inc. as the Settlement
Administrator, with responsibility for class notice and claims
administration.
-- The proposed notice procedures set forth in the Janowicz
Declaration are hereby approved, as are the Summary Notice,
Claim
Form, and LongForm Notice.
-- Class Counsel shall file Plaintiffs' motion for final approval
of
the Settlement Agreement by Oct. 14, 2024.
Class Counsel shall file their motion requesting attorneys' fees
and expenses and service awards by Oct. 14, 2024
The Plaintiffs, Jamilla Clark and Arwa Aziz, representing a class
of arrested individuals who were required to remove their head
coverings by the New York City Police Department, filed this class
action against the Defendant, the City of New York, alleging
violations of
the Religious Land Use and Institutionalized Persons Act; the Free
Exercise Clause of the First Amendment to the United States
Constitution; and the Free Exercise Clause of the New York State
Constitution.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=YCEkR6 at no extra
charge.[CC]
NOR-CAL BEVERAGE: McMurray Files Labor Suit in Cal. State Court
---------------------------------------------------------------
A class action lawsuit has been filed against Nor-Cal Beverage
Company, Inc., a California Corporation, et al. The case is
captioned as ARLANDIS MCMURRAY, individually and on behalf of all
others similarly situated, v. NOR-CAL BEVERAGE COMPANY, INC., a
California Corporation, et al., Case No. 24CV004357 (Cal. Super.,
Sacramento Cty., March 7, 2024).
A case management conference is set for February 28, 2025, before
Judge Lauri A. Damrell.
Nor-Cal Beverage Company Inc. is a beverage company in California.
[BN]
OCUGEN INC: Court Dismisses Stockholder Derivative Lawsuits
-----------------------------------------------------------
Ocugen, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that on April 26, 2024, the U.S.
District Court for the Eastern District of Pennsylvania dismissed
without prejudice the consolidated stockholder derivative lawsuits
(Lead Case No. 2:21-cv-03876) filed against certain agents of the
Company.
In its Annual Report on Form 10-K, Ocugen reported that in June
2021, a securities class action lawsuit was filed against Ocugen
and certain of the Company's agents in the U.S. District Court for
the Eastern District of Pennsylvania (Case No. 2:21-cv-02725) that
purported to state a claim for alleged violations of Sections 10(b)
and 20(a) of the Securities Exchange Act and Rule 10b-5 promulgated
thereunder, based on statements made by the Company concerning the
announcement of its decision to pursue the submission of a BLA for
COVAXIN for adults ages 18 years and older rather than pursuing an
EUA for the vaccine candidate.
In July 2021, a second securities class action lawsuit was filed
against Ocugen and certain of its agents in the Court (Case No.
2:21-cv-03182) that also purported to state a claim for alleged
violations of Sections 10(b) and 20(a) of the Exchange Act and Rule
10b-5 promulgated thereunder, based on the same statements as the
first complaint.
In March 2022, the Court consolidated these two related securities
class action lawsuits and appointed Andre Galan Bernd Benayon to
serve as lead plaintiff. The lead plaintiff's amended complaint was
filed in June 2022. In March 2023, the Court granted the Company's
motion to dismiss with prejudice. The lead plaintiff appealed to
the United States Court of Appeals for the Third Circuit regarding
the order that was entered in March 2023, which dismissed the
action with prejudice. The lead plaintiff's appellant's brief and
joint appendix were filed in July 2023. The Company's brief was
filed in August 2023, and the lead plaintiff's reply brief was
filed in September 2023. In March 2024, the Third Circuit affirmed
the Court's decision to dismiss with prejudice the consolidated
securities class action lawsuits.
In August 2021, a stockholder derivative lawsuit was filed
derivatively on behalf of the Company against certain of the
Company's agents and the nominal defendant Ocugen in the Court
(Case No. 2:21-cv-03876) that purported to state a claim for breach
of fiduciary duty and contribution for violations of Sections 10(b)
and 21(d) of the Securities Exchange Act, based on facts and
circumstances relating to the securities class action lawsuits and
seeking contribution and indemnification in connection with claims
asserted in the securities class action lawsuits.
In September 2021, a second stockholder derivative lawsuit was
filed derivatively on behalf of the Company against certain of the
Company's agents and the nominal defendant Ocugen in the Court
(Case No. 2:21-cv-04169) that purported to state a claim for breach
of fiduciary duties, unjust enrichment, abuse of control, waste of
corporate assets, and contribution for violations of Sections 10(b)
and 21(d) of the Exchange Act, based on the same allegations as the
first complaint.
The parties to both stockholder derivative lawsuits have stipulated
to the consolidation of the two stockholder derivative lawsuits and
also have submitted to the Court in each action a proposed order
requesting a stay of the litigation pending a decision on any
motion to dismiss filed in the securities class action lawsuits,
which the Court entered in April 2022.
In March 2023, the Court in the securities class action lawsuits
granted the Company's motion to dismiss with prejudice. The parties
to the stockholder derivative lawsuits stipulated to extend the
stay of litigation pending resolution of any appeal filed in the
securities class action lawsuits, which the Court entered in March
2023.
About Ocugen Inc.
Malvern, Pa.-based Ocugen, Inc. is a biotechnology company focused
on discovering, developing, and commercializing novel gene and cell
therapies, biologics, and vaccines that improve health and offer
hope for patients across the globe.
As of December 31, 2023, the Company had $64.5 million in total
assets, $24 million in total liabilities, and $40.6 million in
total stockholders' equity.
Philadelphia, Pa.-based Ernst & Young LLP, the Company's auditor
since 2018, issued a "going concern" qualification in its report
dated April 16, 2024, citing that the Company has suffered
recurring losses from operations and has stated that substantial
doubt exists about the Company's ability to continue as a going
concern.
ORCHARD HOSPITAL: Vasquez Sues Over Unpaid Wages for Hospital Staff
-------------------------------------------------------------------
KISHA VAZQUEZ, individually and on behalf of all others similarly
situated, Plaintiff v. ORCHARD HOSPITAL, a California nonprofit
corporation; and DOES 1 through 50, inclusive, Defendants, Case No.
24CV00755 (Cal. Super., Butte Cty., March 7, 2024) is a class
action against the Defendants for violations of California Labor
Code and California's Business and Professions Code including
failure to pay minimum wages, failure to pay wages and overtime,
failure to provide meal breaks, failure to provide rest breaks,
failure to maintain records, failure to reimburse necessary
business expenses, and unfair business practices.
The Plaintiff worked for the Defendants as non-exempt employee.
Orchard Hospital is a healthcare provider in California. [BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Emil Davtyan, Esq.
David Yeremian, Esq.
Alvin B. Lindsay, Esq.
Jean Hopkins Power, Esq.
D.LAW, INC.
880 E. Broadway
Glendale, CA 91205
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
Email: Emil@d.law
d.yeremian@d.law
a.lindsay@d.law
jean@d.law
PETTIT PLACE: Panzica Sues Over ADA Violations in E.D.N.Y.
----------------------------------------------------------
A class action lawsuit has been filed against Pettit Place Realty
L.L.C., et al. The case is captioned as LISA PANZICA, individually
and on behalf of all others similarly situated v. PETTIT PLACE
REALTY L.L.C., et al., Case No. 2:24-cv-01766-NJC-ST (E.D.N.Y.,
March 10, 2024).
The suit is brought over the Defendants' alleged violation of the
Americans with Disabilities Act.
Pettit Place Realty L.L.C. is a real estate company doing business
in New York. [BN]
The Plaintiff is represented by:
James E. Bahamonde, Esq.
JAMES E. BAHAMONDE, P.C.
2501 Jody Court
North Bellmore, NY 11710
Telephone: (516) 783-9662
Facsimile: (646) 435-4376
Email: james@civilrightsny.com
PHARMACARE US: Appeals Class Cert Ruling in Corbett Suit to 9th Cir
-------------------------------------------------------------------
PHARMACARE U.S., INC. is taking an appeal from a court order
granting in part and denying in part the Plaintiffs' motion for
class certification in the lawsuit entitled Montiqueno Corbett, et
al., individually and on behalf of and all others similarly
situated, Plaintiffs, v. PharmaCare U.S., Inc., Defendant, Case No.
21-cv-0137, in the U.S. District Court for the Southern District of
California.
As previously reported in the Class Action Reporter, the Plaintiffs
filed a putative class action against PharmaCare, asserting
consumer protection and breach of warranty claims based on its
Sambucol product, a dietary supplement that is alleged to contain a
proprietary extract of black elderberry.
On May 23, 2023, the Plaintiffs filed a motion for class
certification.
On July 28, 2023, the Defendant filed a motion to exclude testimony
and expert reports of Plaintiffs' Class Experts J. Michael Dennis
and Colin Weir.
On Sept. 6, 2023, the Plaintiffs filed a motion to exclude
testimony and expert reports of Defendant's experts Mark Keegan,
Esq., and Dr. Keith Ugone.
On Mar. 29, 2024, the Court granted in part and denied in part the
Plaintiffs' motion for class certification through an Order entered
by Judge James E. Simmons, Jr. The Court concluded that the
Plaintiffs have met their burden to show that a class action is the
superior method to adjudicate the class member's claims.
Only the following classes were certified: (1) A California
Subclass for the New Dietary Ingredient (NDI) Claim; (2) A Missouri
Subclass for the NDI Claim; and (3) A California Subclass for the
Disease Claim. Certification of the proposed nationwide classes
were denied for the reasons stated in the Order under the Mazza
analysis.
Furthermore, the Court denied the Defendant's motion to exclude the
testimony of J. Michael Dennis and Colin Weir and the Plaintiffs'
motion to exclude testimony of Mark Keegan and Keith Ugone.
The appellate case is captioned Corbett, et al. v. PharmaCare U.S.,
Inc., Case No. 24-2318, in the United States Court of Appeals for
the Ninth Circuit, filed on April 12, 2024. [BN]
PLAZA MOTORS: Sends Unsolicited Telemarketing Calls, Saar Alleges
-----------------------------------------------------------------
A class action lawsuit has been filed against Plaza Motors, LLC.
The case is captioned as OREN SAAR, individually and on behalf of
all others similarly situated v. PLAZA MOTORS, LLC, Case No.
1:24-cv-01765-NCM-SJB (E.D.N.Y., March 10, 2024).
The suit is brought over the Defendant's alleged violation of the
Telephone Consumer Protection Act.
Plaza Motors, LLC is a used car dealer in Tulsa, Oklahoma. [BN]
The Plaintiff is represented by:
Stefan Louis Coleman, Esq.
COLEMAN, PLLC
11 Broadway, Suite 615
New York, NY 10001
Telephone: (877) 333-9427
Email: law@stefancoleman.com
PSP FRANCHISING: Howard Sues Over PUMP Act Breaches
---------------------------------------------------
GLORIEL HOWARD, on behalf of herself and all others similarly
situated, Plaintiff v. PSP FRANCHISING, LLC, PSP STORES, LLC, PJJD,
LLC, and ABC CORPORATIONS 1-429 d/b/a Pet Supplies Plus,
Defendants, Case No. 2:24-cv-10962-SKD-EAS (E.D. Mich., April 12,
2024) seeks redress for Defendants' violations of the Providing
Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) as
well as seeks injunctive and declaratory relief, compensatory and
punitive damages, reasonable attorneys' fees, litigation costs, and
pre-and post-judgment interest.
Plaintiff Howard commenced employment in 2011, became a manager in
2014, and gave birth to her child in March 2022. When she returned
to work in April 2022, she requested a private space to pump milk,
but Defendants refused to provide one. The Defendants deprived
Plaintiff of her rights as a nursing mother guaranteed by the PUMP
Act to a clean and secure space to pump milk for her infant child.
As a result, Plaintiff experienced anxiety, discomfort, and
emotional distress, says the suit.
Based in Livonia, MI, PSP Franchising is the franchisor of Pet
Supplies Plus, a specialty pet store chain. [BN]
The Plaintiff is represented by:
Allison R. Lucas, Esq.
SIRI & GLIMSTAD LLP
200 West Congress Street 2nd Floor
Detroit, MI 48226
Telephone: (313) 251-9161
Facsimile: (646) 417-5967
E-mail: alucas@sirillp.com
- and -
Lisa R. Considine, Esq.
Oren Faircloth, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Facsimile: (646) 417-5967
E-mail: lconsidine@sirillp.com
ofaircloth@sirillp.com
RDO EQUIPMENT: Appeals Arbitration Bid Denial in Munoz Labor Suit
-----------------------------------------------------------------
RDO EQUIPMENT COMPANY is taking an appeal from a court order
denying its motion to compel individual arbitration and dismiss or
stay action in the lawsuit entitled Simon Munoz, individually and
on behalf of and all others similarly situated, Plaintiff, v. RDO
Equipment Company, Defendant, Case No. 1:23-cv-00979-DAD-AC, in the
U.S. District Court for the Eastern District of California.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Superior Court of the State of
California for the County of Stanislaus to the United States
District Court for the Eastern District of California, is brought
against the Defendant for violations of California Labor Code and
California's Unfair Competition Law.
On July 10, 2023, the Defendant filed a motion to compel individual
arbitration and dismiss or stay action, which the Court denied
through an Order entered by Judge Dale A. Drozd on Mar. 22, 2024.
The Court concluded that the Defendant has failed to prove the
existence of an express agreement to arbitrate.
The appellate case is captioned Munoz v. RDO Equipment Company,
Case No. 24-2356, in the United States Court of Appeals for the
Ninth Circuit, filed on April 15, 2024.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due April 22, 2024;
-- Appellant's Appeal Opening Brief is due on May 28, 2024; and
-- Appellee's Appeal Answering Brief is due on June 28, 2024.
[BN]
REALPAGE INC: Goldman Antitrust Suit Consolidated to MDL No. 3071
-----------------------------------------------------------------
The case styled JASON GOLDMAN et al., individually and on behalf of
all others similarly situated v. REALPAGE, INC., et al., Case No.
3:24-cv-00272, was terminated in the U.S. District Court for the
Middle District of Tennessee on March 7, 2024.
The Goldman case has been consolidated in MDL No. 3071, In Re:
Realpage, Inc., Rental Software Antitrust Litigation. The case is
assigned to the Hon. Judge Waverly D. Crenshaw, Jr.
The case arises from the Defendants' violations of federal
antitrust laws and state laws by engaging in a nationwide
conspiracy to fix and inflate the price of multifamily rental
housing across the country. The Defendants conspired to limit
supply and raise multifamily rental housing prices, causing
substantial damages to the Plaintiffs and other members of the
Class whose ability to obtain affordable housing depended on
getting competitive prices for the units they rented, says the
suit.
RealPage, Inc. is a software company headquartered in Richardson,
Texas. [BN]
The Plaintiffs are represented by:
Tricia R. Herzfeld, Esq.
Anthony A. Orlandi, Esq.
HERZFELD SUETHOLZ GASTEL LENISKI AND WALL, PLLC
223 Rosa L. Parks Avenue, Suite 300
Nashville, TN 37203
Telephone: (615) 800-6225
Email: tricia@hsglawgroup.com
tony@hsglawgroup.com
- and -
Patrick J. Coughlin, Esq.
Carmen A. Medici, Esq.
Fatima Brizuela, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 798-5325
Facsimile: (619) 233-0508
Email: pcoughlin@scott-scott.com
cmedici@scott-scott.com
fbrizuela@scott-scott.com
- and -
Patrick McGahan, Esq.
Michael Srodoski, Esq.
G. Dustin Foster, Esq.
Isabella De Lisi, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06145
Telephone: (860) 537-5537
Facsimile: (860) 537-4432
Email: pmcgahan@scott-scott.com
msrodoski@scott-scott.com
gfoster@scott-scott.com
idelisi@scott-scott.com
- and -
Stacey Slaughter, Esq.
Thomas J. Undlin, Esq.
Geoffrey H. Kozen, Esq.
Stephanie Chen, Esq.
J. Austin Hurt Esq.
ROBINS KAPLAN LLP
800 LaSalle Avenue, Suite 2800
Minneapolis, MN 55402
Telephone: (612) 349-8500
Facsimile: (612) 339-4181
Email: sslaughter@robinskaplan.com
tundlin@robinskaplan.com
gkozen@robinskaplan.com
schen@robinskaplan.com
ahurt@robinskaplan.com
- and -
Swathi Bojedla, Esq.
Mandy Boltax, Esq.
HAUSFELD LLP
888 16th Street, N.W., Suite 300
Washington, DC 20006
Telephone: (202) 540-7200
Email: sbojedla@hausfeld.com
mboltax@hausfeld.com
- and -
Gary I. Smith, Jr., Esq.
HAUSFELD LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
Telephone: (415) 633-1908
Email: gsmith@hausfeld.com
- and -
Katie R. Beran, Esq.
HAUSFELD LLP
325 Chestnut Street, Suite 900
Philadelphia, PA 19106
Telephone: (215) 985-3270
Email: kberan@hausfeld.com
REBEL DAWG: Rivera et al. Sue Over Labor Law Violations
-------------------------------------------------------
Anais Rivera, Catherine Karnoff, Chloe Lyttles, Meghan Sever, and
Richmond Jeffrey, on behalf of themselves and others similarly
situated in the proposed FLSA Collective Action, Plaintiffs v.
Rebel Dawg, Inc., Stacie Amador, and David Yett, Defendants, Case
No. 1:24-cv-02765 (E.D.N.Y., April 12, 2024) alleges violations of
the Fair Labor Standards Act (FLSA), and violations of Articles 6
and 19 of the New York State Labor Law (NYLL) and their supporting
New York State Department of Labor regulations.
One of the Plaintiffs, Anais Rivera, was employed as a production
worker and general worker from on or around March 2020 to, through
and including May 2021. Plaintiff Rivera regularly worked in excess
of 40 hours per week but was not paid proper minimum and overtime
wages. Accordingly, Rivera and other Plaintiffs seek injunctive and
declaratory relief and to recover unpaid overtime wages, unpaid
spread-of-hours, liquidated and statutory damages, pre- and
post-judgment interest, FLSA, NYLL, and the NYLL's Wage Theft
Prevention Act.
Rebel Dawg is an apparel and accessories company, located at 61
Greenpoint Avenue, Brooklyn, NY. [BN]
The Plaintiffs is represented by:
Joshua Levin-Epstein, Esq.
Jason Mizrahi, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Telephone: (212) 792-0046
E-mail: Joshua@levinepstein.com
SONY INTERACTIVE: Furdock Sues Over Debt Collection Practices
-------------------------------------------------------------
MICHAEL FURDOCK, individually and on behalf of all others similarly
situated, Plaintiff v. SONY INTERACTIVE ENTERTAINMENT LLC,
Defendant, Case No. 24-001714-CI (Fla. Cir., Pinellas Cty., April
17, 2024) seeks to stop the Defendant's unfair and unconscionable
means to collect a debt.
SONY INTERACTIVE ENTERTAINMENT LLC is an American multinational
video game and digital entertainment company of Sony. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
Email: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
STRATEGIC DELIVERY: Class Cert Bid Filing in Asenseh Due August 22
------------------------------------------------------------------
In the class action lawsuit captioned as Asenseh v. Strategic
Delivery Solutions, LLC, Case No. 1:24-cv-10997 (D. Mass., Filed
April 16, 2024), the Hon. Judge Richard G. Stearns entered an order
setting the following pretrial schedule as follows:
-- Disclosures required by Fed. R. Civ. P. May 17, 2024
26(a)(1) will be completed by:
-- If there is disagreement as to the Aug. 5. 2024
delineation of the plaintiff class,
class discovery will be completed by:
-- Class certification motions will be Aug. 22, 2024
filed by:
with any opposition by: Sept. 5, 2024
-- If there is no disagreement as to Nov. 6, 2024
delineation of the class (the class
parameters appear clear), all fact
discovery will be completed by:
-- If class discovery and certification Jan. 6, 2025
is necessary, all fact discovery will
be completed by:
The nature of suit alleges violation of the labor litigation.
Strategic provides strategic delivery solutions to health systems,
including clinical leadership, quality management, and risk
management.[CC]
SUBARU OF AMERICA: Amato Suit Seeks to Certify Class
----------------------------------------------------
In the class action lawsuit captioned as JOSEPH AMATO, et al.,
individually and on behalf of all others similarly situated, v.
SUBARU OF AMERICA, INC. and SUBARU CORPORATION, Case No.
1:18-cv-16118-JHR-AMD (D.N.J.), the Plaintiff asks the Court to
enter an order as follows:
(i) Class Certification of the within matter;
(ii) appointment of Plaintiffs as class representatives of said
class or classes; and
(iii) appointment of Kantrowitz, Goldhamer & Graifman, P.C. and
Thomas P. Sobran, P.C. as class counsel.
Subaru is the United States-based distributor of Subaru's brand
vehicles.
A copy of the Plaintiffs' motion dated April 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=FylGWn at no extra
charge.[CC]
The Plaintiffs are represented by:
Gary S. Graifman, Esq.
Daniel Edelman, Esq.
KANTROWITZ, GOLDHAMER
& GRAIFMAN, P.C.
135 Chestnut Ridge
Montvale, NJ 07645
Telephone: (201) 391-7000
Facsimile: (201) 307-1086
E-mail: ggraifman@kgglaw.com
dedelman@kgglaw.com
- and -
Thomas P. Sobran, Esq.
THOMAS P. SOBRAN, P.C.
7 Evergreen Lane
Hingham, MA 02043
Telephone: (781) 741-6075
Facsimile: (781) 741-6074
E-mail: tsobran@sobranlaw.com
SUBARU OF AMERICA: Aquino Suit Seeks Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as RICARDO AQUINO, et al.,
individually and on behalf of all others similarly situated, v.
SUBARU OF AMERICA, INC. and SUBARU CORPORATION, Case No.
1:22-cv-00990-JHR-AMD (D.N.J.), the Plaintiff asks the Court to
enter an order as follows:
(i) Class Certification of the within matter;
(ii) appointment of Plaintiffs as class representatives of said
class or classes; and
(iii) appointment of Kantrowitz, Goldhamer & Graifman, P.C. and
Thomas P. Sobran, P.C. as class counsel.
Subaru is the United States-based distributor of Subaru's brand
vehicles.
A copy of the Plaintiffs' motion dated April 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=GeKEsx at no extra
charge.[CC]
The Plaintiffs are represented by:
Gary S. Graifman, Esq.
Daniel Edelman, Esq.
KANTROWITZ, GOLDHAMER
& GRAIFMAN, P.C.
135 Chestnut Ridge
Montvale, NJ 07645
Telephone: (201) 391-7000
Facsimile: (201) 307-1086
E-mail: ggraifman@kgglaw.com
dedelman@kgglaw.com
- and -
Thomas P. Sobran, Esq.
THOMAS P. SOBRAN, P.C.
7 Evergreen Lane
Hingham, MA 02043
Telephone: (781) 741-6075
Facsimile: (781) 741-6074
E-mail: tsobran@sobranlaw.com
TARGET CORP: Miller, Judt Sue Over Harmful Acne Treatment Products
------------------------------------------------------------------
BRIA MILLER and JORDAN JUDT, on behalf of themselves and a class of
all others similarly situated, Plaintiffs v. TARGET CORPORATION,
Defendant, Case No. 0:24-cv-01323-ECT-JFD (D. Minn., April 12,
2024) arises from Defendant's manufacturing, distribution,
advertising, marketing, and sale of Up&Up branded benzoyl peroxide
acne treatment products (BPO Products).
The Plaintiffs allege that the Defendant failed to disclose or warn
that the said products contain and/or degrade into dangerously
levels of benzene, a known human carcinogen. Accordingly,
Plaintiffs seek damages, reasonable attorneys' fees and costs,
interest, restitution, other equitable relief, including an
injunction and disgorgement of all benefits and profits Defendant
received from misconduct.
Headquartered in Minneapolis, MN, Target Corporation owns and
operates the website https://www.target.com/ and markets and
distributes dermatology products, including the BPO Products, in
the U.S. Market. [BN]
The Plaintiffs are represented by:
Robert K. Shelquist, Esq.
Rebecca A. Peterson, Esq.
Krista K. Freier, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: rkshelquist@locklaw.com
rapeterson@locklaw.com
kkfreier@locklaw.com
- and -
Mark S. Reich, Esq.
Courtney E. Maccarone, Esq.
Melissa Meyer, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10006
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: mreich@zlk.com
cmaccarone@zlk.com
mmeyer@zlk.com
TOMINO LLC: Sierra Sues Over Nonpayment of Proper Wages
-------------------------------------------------------
ORMANDY SIERRA, on behalf of himself and others similarly situated,
Plaintiff v. TOMINO LLC d/b/a TOMIÑO TABERNA GALLEGA, VICTOR
GONZALEZ, PHIL GONZALEZ, and MARCO GONZALEZ, Defendants, Case No.
1:24-cv-02795 (S.D.N.Y., April 12, 2024) arises out of Defendants'
violations of the Fair Labor Standards Act and the New York Labor
Law.
Plaintiff Sierra was employed by Defendants as a server from
approximately October 2017 until June 2023. Despite Plaintiff
regularly working more than 40 hours in one week, Defendant did not
pay Plaintiff any overtime premiums for hours he worked in excess
of 40. The Plaintiff was only paid an hourly rate that was lower
than the full minimum wage. In addition, the Defendants required
Plaintiff to pool his tips each night. However, the tip-pool at
Tomino illegally included the individuals who had supervisory
control over other members of the food-service staff, says the
suit.
Tomino LLC owns and operates the restaurant Tomino Taberna Gallega
located in Manhattan. [BN]
The Plaintiff is represented by:
D. Maimon Kirschenbaum, Esq.
Josef Nussbaum, Esq.
JOSEPH & KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Telephone: (212) 688-5640
Facsimile: (212) 981-9587
TRICIDA INC: Pardi Seeks to Certify Rule 23 Class Action
--------------------------------------------------------
In the class action lawsuit captioned as MICHAEL PARDI,
Individually and on Behalf of All Others Similarly Situated, v.
TRICIDA, INC. and GERRITT KLAERNER, Case No. 4:21-cv-00076-HSG
(N.D. Cal.), the Plaintiff, on Sept. 12, 2024, will ask the Court
to enter an order:
(i) certifying a class action pursuant to Federal Rule of Civil
Procedure 23(a) and (b)(3);
(ii) appointing Plaintiff as Class Representative; and
(iii) appointing Lead Counsel Block & Leviton LLP as Class
Counsel.
On March 11, 2024, the Court issued an Order Granting in Part and
Denying in Part Defendant Gerrit Klaerner's Motion to Dismiss the
Second Amended Complaint, which incorporated the Court's prior
holdings in its July 29, 2022 Order Granting in Part andDenying in
Part Klaerner and Tricida, Inc.'s Motion to Dismiss the First
Amended Complaint.
The Court found the Second Amended Complaint pleads actionable
claims under Section 10(b) of the Securities Exchange Act of 1934,
with respect to the Defendant Klaerner's May 7, 2020 statements
about the late-cycle meeting held May 1, 2020 with the Food and
Drug Administration.
The Lead Plaintiff now moves to certify a class under Rules 23(a)
and (b)(3), consisting of all persons or entities who purchased or
otherwise acquired common stock of Tricida, Inc. during the period
from May 8, 2020 to February 25, 2021, inclusive, excluding
defendant, Tricida, Inc., and numerous related parties specified in
the attached memorandum.
Excluded from the Class are Defendant and Tricida, Inc. and their
families, the officers, directors, and affiliates of the Defendant
and Tricida, Inc., at all relevant times, members of their
immediate families and their legal representatives, heirs,
successors or assigns, and any entity in which Defendant or
Tricida, Inc. have or had a controlling interest.
Tricida is a clinical-stage pharmaceutical and drug discovery
company.
A copy of the Plaintiff's motion dated April 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=zZrBUT at no extra
charge.[CC]
The Plaintiff is represented by:
Jeffrey C. Block, Esq.
Michael D. Gaines, Esq.
Jacob A. Walker, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
E-mail: jeff@blockleviton.com
michael@blockleviton.com
jake@blockleviton.com
TWO JINN: Medina Plaintiffs Seek to Seal Class Cert Docs
--------------------------------------------------------
In the class action lawsuit captioned as SARA MEDINA and ALICIA
MARTINEZ, individually and on behalf of all others similarly
situated, v. TWO JINN, INC., a California corporation, d/b/a
ALADDIN BAIL BONDS, and ADLER WALLACH & ASSOCIATES, INC., a
California corporation, d/b/a AWA COLLECTIONS, Case No.
3:22-cv-02540-RFL (N.D. Cal.), the Plaintiffs ask the Court to
enter an order to consider whether another Party's material should
be sealed, filed in connection with the Plaintiffs' reply to the
Defendants' oppositions to the Plaintiffs' motion to certify class.
The Plaintiffs' reply, and the Exhibits and Declarations contain
information that has been designated by either Two Jinn, AWA, or
third-party Interprose as "Confidential" pursuant to the Parties'
Stipulated Protective Order.
All materials produced by the Defendants which the Plaintiffs have
filed in connection with their Reply were designated by the
Defendants in their entirety as "Confidential."
The Plaintiffs largely disagree the material designated
"Confidential" by the Defendants meets the stringent standard for
sealing judicial records and reserve the right to respond to any
arguments Defendants may marshal in support of sealing, pursuant to
Civil Local Rules 7-11(b) and 79-5(f)(4) as well as the Parties'
Stipulated Protective Order.
Document Document Title Redacted Designating
No. or Sealed Entity
Supp. Excerpts from Transcript Sealed Two Jinn,
Inc.
Salahi of Nov. 17, 2023 30(b)(6)
Decl., Deposition of Two Jinn
Ex. 31 (Herb Mutter)
Supp. Excerpts from Transcript of Sealed Adler Wallach
&
Salahi Dec. 21, 2023 30(b)(6) Associates,
Inc.
Decl., Deposition of AWA
Ex. 32 (Marian Mapes)
Two Jinn offers bail bond, payment options, and other legal
services.
A copy of the Plaintiffs' motion dated April 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=afozfN at no extra
charge.[CC]
The Plaintiffs are represented by:
Rafey Balabanian, Esq.
Aaron Lawson, Esq.
Yaman Salahi, Esq.
Julian Zhu, Esq.
EDELSON PC
150 California Street, 18th Floor
San Francisco, CA 94111
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
alawson@edelson.com
ysalahi@edelson.com
jzhu@edelson.com
- and -
Natasha Fernandez-Silber, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (773) 389-2242
Facsimile: (312) 589-6378
E-mail: nfernandezsilber@edelson.com
UNITED CONCORDIA: Seeks Leave to File Opposition to Class Cert Bid
------------------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
P.L.L.C., individually and as the representative of a class of
similarly-situated persons, v. UNITED CONCORDIA COMPANIES, INC. and
JOHN DOES 1-5, Case No. 2:21-cv-11604-JJCG-APP (E.D. Mich.), the
Defendants ask the Court to enter an order granting motion to leave
to file a brief reply in opposition to Plaintiff's motion for class
certification.
United Concordia provides dental insurance coverage and
administration services.
A copy of the Defendants' motion dated April 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ML6L5l at no extra
charge.[CC]
The Defendants are represented by:
Timothy J. Lowe, Esq.
MCDONALD HOPKINS
39533 Woodward Ave, Suite 318
Bloomfield Hills, MI 48304
Telephone: (248) 220-1359
Facsimile: (248) 646-5075
E-mail: tlowe@mcdonaldhopkins.com
- and -
Justin J. Kontul, Esq.
Timothy R. Carwinski, Esq.
REED SMITH LLP
225 Fifth Avenue
Pittsburgh, PA 15222
Telephone: (412) 288-3131
Facsimile: (412) 288-3063
E-mail: jkontul@reedsmith.com
tcarwinski@reedsmith.com
UNITED STATES: Volkova Seeks Leave to File Response to Gov't Filing
-------------------------------------------------------------------
In the class action lawsuit captioned as Anastasiia Volkova v.
USCIS, et al., Case No. 1:23-cv-07565-FB-LB (E.D.N.Y.), the
Plaintiff asks the Court to enter an order granting a pre-motion
conference regarding her request for leave to file a response to
the government's filing.
On March 14, 2024, Chief Magistrate Judge Bloom issued an Order
recommending that this Court grant Plaintiff's motion for class
certification.
On April 2, 2024, this Court granted "the defendant's letter
application to stay the filing of objections to MJ Bloom's pending
oral Report and Recommendation as to class certification until
after the Zoom settlement conference scheduled on April 8, 2024
before MJ Bloom."
On April 12, 2024, this Court lifted the stay and ordered that the
parties "serve and file any objections to MJ Bloom's Oral Report
and Recommendation" by April 26, 2024.
On April 26, 2024, the government filed Defendants' Objections to
Chief Magistrate Judge Bloom's March 14, 2024 Report and
Recommendation, ECF
A copy of the Defendant's motion dated April 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=znJspz at no extra
charge.[CC]
The Plaintiff is represented by:
Charlotte E. Loper, Esq.
MOTLEY RICE LLC
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
Telephone: (843) 216-9000
E-mail: cloper@motleyrice.com
VANGUARD CHESTER: Filing for Class Cert Bid Modified to May 31
--------------------------------------------------------------
In the class action lawsuit RE: VANGUARD CHESTER FUNDS LITIGATION,
Case No. 2:22-cv-00955-JFM (E.D. Pa.), the Hon. Judge John Murphy
entered an order modifying class certification motions as follows:
Event Current Date Proposed
Date
Plaintiffs' motion for class May 17, 2024 May 31,
2024
certification and any
supporting expert report(s)
Depositions of Plaintiffs' June 14, 2024 June 21,
2024
class certification expert(s)
Defendants' opposition to June 28, 2024 July 19,
2024
Plaintiffs' class certification
motion and any supporting expert
report(s)
Depositions of Defendants' class July 19, 2024 Aug. 8,
2024
certification expert(s)
Plaintiffs' reply in support Aug. 2, 2024 Aug. 23,
2024
of their class certification
motion
The Court entered a Scheduling Order on Dec. 21, 2023, which
included deadlines relating to the Plaintiffs' forthcoming motion
for class
Certification.
A copy of the Court's order dated April 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=te3GMK at no extra
charge.[CC]
The Plaintiffs are represented by:
Jacob A. Goldberg, Esq.
Joshua Baker, Esq.
Phillip Kim, Esq.
Jonathan Stern, Esq.
THE ROSEN LAW FIRM, P.A.
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19046
Telephone: (215) 600-2817
Facsimile: (212) 202-3827
E-mail: jgoldberg@rosenlegal.com
jbaker@rosenlegal.com
pkim@rosenlegal.com
jstern@rosenlegal.com
The Defendants are represented by:
Samuel W. Silver, Esq.
WELSH & RECKER, P.C.
306 Walnut Street
Philadelphia, PA 19106
Telephone: (267) 764-5492
E-mail: ssilver@welshrecker.com
- and -
Maeve L. O'Connor, Esq.
Elliot Greenfield, Esq.
Amy C. Zimmerman, Esq.
DEBEVOISE & PLIMPTON LLP
66 Hudson Boulevard
New York, NY 10001
Telephone: (212) 909-6000
E-mail: mloconnor@debevoise.com
egreenfield@debevoise.com
azimmerman@debevoise.com
- and –
Francis P. Devine, III, Esq.
Michael E. Baughman, Esq.
TROUTMAN PEPPER HAMILTON
SANDERS LLP
3000 Two Logan Square
Philadelphia, PA 19103-2799
Telephone: (215) 981-4290
E-mail: francis.devine@troutman.com
michael.baughman@troutman.com
- and –
Daniel J. Kramer, Esq.
Andrew J. Ehrlich, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
1285 Avenue of the Americas
New York, NY 10019
Telephone: (212) 373-3000
Facsimile: (212) 757-3990
E-mail: dkramer@paulweiss.com
aehrlich@paulweiss.com
kammari@paulweiss.com
VI-JON LLC: Loughlin Appeals Class Cert. Bid Denial to 1st Cir.
---------------------------------------------------------------
KRISTINA LOUGHLIN is taking an appeal from a court order denying
her motion for class certification in the lawsuit Kristina
Loughlin, individually and on behalf of and all others similarly
situated, Plaintiff, v. Vi-Jon, LLC, Defendant, Case No.
1:20-cv-11555-MLW, in the U.S. District Court for the District of
Massachusetts.
As previously reported in the Class Action Reporter, Kristina
Loughlin has brought this action on behalf of herself and
Massachusetts consumers who, within four years of the initial
filing on Aug. 26, 2020, purchased hand sanitizer (Germ-X)
manufactured by the Defendant. Loughlin alleges that the
representation is deceptive and leads reasonable consumers to
believe that Vi-Jon's Products are more effective at killing germs
than they actually are.
On April 10, 2023, the Defendant filed a motion for summary
judgment.
On April 28, 2023, the Plaintiff filed a motion for class
certification.
On March 29, 2024, the Court denied the Plaintiff's motion for
class certification and the Defendant's motion for summary judgment
through an Order entered by Judge Mark L. Wolf.
The Court concluded that the Plaintiff has failed to demonstrate
that all class members have suffered the same injury. The Court
also found that the Defendant failed to demonstrate that there are
no genuine disputes of material fact and that it is entitled to
summary judgment as a matter of law. Therefore, the Court denied
the Plaintiff's motion for class certification and the Defendant's
motion for summary judgment. The Defendant's motion to exclude
Plaintiff's microbiology expert, the Plaintiff's motion to compel
defendant to produce discovery, the Defendant's motion to exclude
Plaintiff's damages expert, and the Defendant's motion to exclude
Plaintiff's survey expert were also denied as moot.
The appellate case is captioned Kristina Loughlin v. Vi-Jon, LLC,
Case No. 24-8014, in the United States Court of Appeals for the
First Circuit, filed on April 12, 2024. [BN]
Plaintiff-Petitioner KRISTINA LOUGHLIN, individually and on behalf
of all others similarly situated, is represented by:
Scott A. Kamber, Esq.
KAMBERLAWLLC
201 Milwaukee Street, Suite 200
Denver, CO 80206
Telephone: (212) 920-3072
- and -
Naomi B. Spector, Esq.
KAMBERLAWLLP
1501 San Elijo Hills Rd., Suite 104-212
San Marcos, CA 92078
Telephone: (310) 400-1053
- and -
Edward L. Manchur, Esq.
LAW OFFICES OF EDWARD L. MANCHUR, P.C.
P.O. Box 3156
Peabody, MA 01960
Telephone: (978) 333-1013
VOLVO CARS: Settlement Statements in Jenner Due May 20
------------------------------------------------------
In the class action lawsuit captioned as JENNER v. VOLVO CARS OF
NORTH AMERICA, LLC, Case No. 2:15-cv-06152 (D.N.J., Filed Aug. 12,
2015), the Hon. Judge Claire C. Cecchi entered an order directing
to submit confidential status updates and settlement statements to
the Court via fax (973-645-3841) no later than May 20, 2024.
The parties' submissions shall not be filed on the docket. In the
interests of justice and judicial economy, Plaintiff's motion for
class certification and Defendant's motion for summary judgment
shall be administratively terminated pending the Court's receipt of
the parties' confidential statements.
The nature of suit states diversity-fraud.
Volvo manufactures, markets, and sells automobiles.[CC]
WALGREEN CO: Bargetto Class Action Seeks to Seal Docs
-----------------------------------------------------
In the class action lawsuit captioned as ELISA BARGETTO, on behalf
of herself and all others similarly situated, v. WALGREEN CO., Case
No. 3:22-cv-02639-TLT (N.D. Cal.), the Plaintiff asks the Court to
enter an order to consider whether certain portions of the
following materials filed in connection with Plaintiff's Reply in
Support of Class Certification should be sealed:
Ex. No. Document Portion(s) Basis for
to Seal Sealing
N/A Plaintiff’s Reply Highlighted Contains
in Support of portions on
reference/analysis
Motion for Class page 5. of material
Certification designated by
Walgreen Co. as
Confidential
pursuant to the
Stipulated
Protective
Order.
Exhibit Excerpts Highlighted Designated by
6 to from the portions on Walgreen Co.
as
Reply deposition pages 49-50. Confidential
Declaration of Kyle pursuant to the
of Patrick Tunison Stipulated
Carey In dated Protective
Support of February Order.
Plaintiff's 23, 2024
Motion for
Class
Certification
Walgreen provides online medical products. The Company sells
prescription refills, health info, contact lenses, and other
products.
A copy of the Court's order Plaintiff's motion
Defendant's motion
dated April 30, 2024, is available from PacerMonitor.com at
https://urlcurt.com/u?l=gKS3GF at no extra charge.[CC]
The Plaintiff is represented by:
Patrick Carey, Esq.
Mary Haley Ousley, Esq.
LEXINGTON LAW GROUP, LLP
503 Divisadero Street
San Francisco, CA 94117
Telephone: (415) 913-7800
Facsimile: (415) 759-4112
E-mail: pcarey@lexlawgroup.com
mhousley@lexlawgroup.com
- and -
Gideon Kracov, Esq.
LAW OFFICE OF GIDEON KRACOV
801 S. Grand Ave., 11th Floor
Los Angeles, CA 90017
Telephone: (213) 629-2071
Facsimile: (213) 623-7755
E-mail: gk@gideonlaw.net
WALMART INC: Class Cert. Bid Filing Due March 29, 2025
------------------------------------------------------
In the class action lawsuit captioned as DONALD WASHINGTON, et al.,
v. WALMART, Inc., Case No. 2:22-cv-03429-KBH (E.D. Pa.), the Hon.
Judge Kelley Hodge entered a scheduling order as follows:
-- The Parties shall submit a joint status May 28, 2024
report on the outcome of mediation by
no later than:
-- All remaining fact-discovery shall proceed Nov. 22, 2024
forthwith and continue in such a manner
as will assure that all requests for, and
responses to, discovery will be served,
noticed, and completed by:
-- The parties shall exchange curriculum vitae Dec. 23, 2024,
and affirmative reports of expert witnesses
regarding class certification on or before:
-- Affirmative expert discovery shall be Jan. 29, 2025
concluded and responsive expert reports
disclosed by no later than:
-- Rebuttal reports to expert witness discovery Feb. 28, 2025
and all class certification expert discovery
shall be completed by:
-- Plaintiffs' motion for class certification March 29, 2025
shall be filed by no later than:
-- Defendant's Opposition to Plaintiff's Motion April 28, 2025
for Class Certification shall be filed
by no later than:
-- Plaintiffs' Reply in support of their Motion May 29, 2025
for Class Certification shall be filed no
later than:
-- Dispositive motions shall be filed within May 29, 2025
60 days after either the conclusion of
the class notice period or the denial of
class certification, or, if Plaintiffs do
not file a class certification motion, by:
Walmart is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores in the United States.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gBu8QH at no extra
charge.[CC]
WASTE MANAGEMENT: Plaintiff Must File Class Cert Bid by June 14
---------------------------------------------------------------
In the class action lawsuit captioned as United Industrial Workers
Pension Plan v. Waste Management, Inc. et al. (Waste Management
Securities Litigation), Case No. 1:22-cv-04838-LGS (S.D.N.Y.), the
Hon. Judge Lorna Schofield entered an order directing the Lead
Plaintiff to file any motion for class certification and any expert
reports in support by June 14, 2024.
-- The Defendants shall file any opposition Aug. 16,
2024
and rebuttal expert reports in support by:
-- Lead Plaintiff shall file any reply and Oct. 16,
2024
rebuttal expert response by:
-- The Defendants shall file any motion for Oct. 30,
2024
leave to file a sur-reply by:
-- The Defendants shall take any depositions July 31,
2024
in connection with Lead Plaintiff's motion
for class certification by:
-- Lead Plaintiff shall take any depositions Sept. 30,
2024
in connection with Defendants' opposition by:
Waste Management is a waste management, comprehensive waste, and
environmental services company.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Yaw2fb at no extra
charge.[CC]
The Plaintiff is represented by:
Noam Mandel, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
420 Lexington Avenue, Suite 1832
New York, NY 10170
Telephone: (212) 432-5100
The Defendants are represented by:
David D. Sterling,Esq.
BAKER BOTTS LLP
910 Louisiana Street
Houston, TX 77002
Telephone: (713) 229-1946
YWCA OF GREATER HARRISBURG: Tidwell Suit Gets Conditional Status
----------------------------------------------------------------
In the class action lawsuit captioned as HEATHER TIDWELL,
individually and on behalf of all others similarly situated, V.
YWCA OF GREATER HARRISBURG, Case No. 1:22-cv-00908-JKM (M.D. Pa.),
the Hon. Judge Julia Munley will grant Plaintiff's motion for
conditional certification.
The Plaintiff Heather Tidwel file a motion for collective action
certification pursuant to the Fair Labor Standards Act of 1938
("FLSA").
The Plaintiff alleges that YWCA failed to pay overtime wages to
plaintiff and other similarly situated employees.
The Plaintiff now moves for conditional approval of an FLSA
collective action and requests that the court facilitate notice to
potential members of the opt-in class. YWCA opposes with arguments
and evidence challenging the merits of plaintiff's claims. The
parties have briefed their respective positions and this matter is
now ripe for disposition.
The Plaintiff asserts claims under the FLSA, Pennsylvania's Minimum
Wage Act, and Pennsylvania's Wage Payment and Collection Law.
The Plaintiff worked for YWCA as a case manager until October 2021
YWCA is a non-profit community organization.
A copy of the Court's memorandum dated April 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xHX7hp at no extra
charge.[CC]
ZARBEE'S INC: Class Cert Bid Filing in Lopez Modified to August 2
-----------------------------------------------------------------
In the class action lawsuit captioned as KRYSTAL LOPEZ and DAMANY
BROWNE, individually and on behalf of all others similarly
situated, v. ZARBEE'S, INC., Case No. 3:22-cv-04465-CRB (N.D.
Cal.), the Hon. Judge Charles Breyer entered an order modifying
case schedule as follows:
Event Current Date New Date
Substantial completion of May 3, 2024 June 7,
2024
document discovery
Complete fact depositions June 14, 2024 July 12,
2024
Plaintiffs' motion for class June 28, 2024 Aug. 2,
2024
certification & any expert
reports in support thereof
Zarbee's opposition to class Aug. 23, 2024 Sept. 27,
2024
certification & any expert
reports in support thereof
Plaintiffs' reply in support of Sept. 20, 2024 Oct. 25,
2024
class certification
Hearing on class certification Oct. 11, 2024 Nov. 8,
2024
motion
Zarbee's produces pharmaceutical products.
A copy of the Court's order dated April 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=pftdCG at no extra
charge.[CC]
The Plaintiff is represented by:
Jonas B. Jacobson, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
E-mail: jonas@dovel.com
simon@dovel.com
The Defendant is represented by:
Gary T. Lafayette, Esq.
Brian H. Chun, Esq.
LAFAYETTE & KUMAGAI LLP
1300 Clay Street, Suite 810
Oakland, CA 94612
Telephone: (415) 357-4600
Facsimile: (415) 357-4605
E-mail: glafayette@lkclaw.com
bchun@lkclaw.com
- and -
Steven A. Zalesin, Esq.
Joshua Kipnees, Esq.
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, NY 10036
Telephone: (212) 336-2110
Facsimile: (212) 336-2111
E-mail: sazalesin@pbwt.com
jkipnees@pbwt.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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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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