/raid1/www/Hosts/bankrupt/CAR_Public/250210.mbx
C L A S S A C T I O N R E P O R T E R
Monday, February 10, 2025, Vol. 27, No. 29
Headlines
ACXIOM LLC: Johnson Sues Over Unauthorized Use of Names for Trade
ALLSTATE CORP: Illegally Collects Driving Data, Jackson Says
AMENTUM GOVERNMENT: Seeks to Modify Phase 1 Class Cert. Sched Order
ANGEL ADAN: Torres-Delgado Seeks to Certify Class Action
ARBOR GREEN: Holden Collective Action Gets Conditional Status
BERLIN FIRE: Braniecki Seeks Initial OK of Settlement Deal
CAPITAL ONE: King Sues Over Deceptive Business Practices
CARDINAL LOGISTICS: Removes Herrera Suit to E.D. Calif.
CARLOS WANZELER: Wins Bid to Seal Class Cert Documents
CHRISTINE WORMUTH: Amended Class Cert Bid Must be Filed by April 18
DONALD TRUMP: Washington Seeks to Certify Pregnant Persons Class
ELIGO ENERGY: Overcharges Electric & Gas Prices, Orzolek Claims
ENVISION MANAGEMENT: Harrison Wins Class Certification Bid
EXTREME NETWORKS: Records Sensitive Personal Info, Rodriguez Says
GENEVE HOLDINGS: $11MM Class Settlement to be Heard on March 14
GRAND RAPIDS, MI: Faces Kimbrel Suit Over Illegal Arrest
HOPE ORGANICS: Murphy Sues Over Blind's Equal Access to Website
HOUSE OF SEVEN: Keel Sues Over Inflated Commissions Paid
MDL 2566: Defendants Seek to File Doer Declaration Under Seal
MOLINA HEALTHCARE: Court OK's Bid to Seal Documents
MORGAN STANLEY: Mansour Seeks Leave to File Amended Complaint
NEWARK GROUP: Class Cert Opposition Filing Amended to March 10
NIKE RETAIL: Cruz Seeks to Amend Court's Jan. 14 Class Order
PAC HOUSING: Hills Suit Seek to Certify Class of Tenants
PACIFIC MARITIME: Class Cert Briefing Schedule Vacated
PACIFIC MARITIME: Court Continues Hearing on Bid to Dismiss
PELICAN INVESTMENT: Parties Must Submit ESI Protocol by March 6
PERRY RUSSELL: Objection to Judge Denney's Report Overruled
PETRO-LUD INC: March 12 Class Cert Hearing Vacated
PIERCE COUNTY, WI: Court Tosses Koeckeritz Complaint
PRA EVENTS: Hyneman Collective Action Gets Conditional Status
PRIMECARE MEDICAL: Bid to Shield PI, PHI from Inspection OK'd
R1 RCM: Certification Discovery in Locke Suit Due June 20
RAINBOW LIGHT: Cole Seeks Equal Website Access for the Blind
RALPH LAUREN: Filing for Class Cert Bid in Salazar Due Sept. 3
RENTOKIL INITIAL: Naming Birmingham as Lead Plaintiff Sought
ROBINHOOD: Plaintiff Seeks to Certify Class of Customers
ROBINHOOD: Plaintiff Seeks to File Class Cert Under Bid Seal
ROSE HILLS: Hearing on Class Cert Bid Moved to April 3
RSCR CALIFORNIA: Filing for Class Cert. in Chevalier Due April 11
RSCR CALIFORNIA: Filing for Class Cert. in Delgado Due April 11
SAMER AWADA: Standing Order in KSL Suit Entered
SANDISK SSDS: Filing for Class Cert Bid Modified to Sept. 16
SANTANDER CONSUMER: Hanson Seeks to Stay Briefing
SANTANDER CONSUMER: Parties Seek to Vacate Class Cert Deadlines
SIRIUS XM: Must Oppose Campbell Class Cert Bid by Feb. 26
STAKE CENTER: Class Cert Bid Filing in Holtsclaw Due Feb. 26
STRATEGIC STAFFING: Class Settlement in Norton Gets Initial Nod
SUNPATH LTD: Seeks More Time to File Class Cert Response
TELEXELECTRIC LLLP: Bid to Seal Docs OK'd in Cook Suit
TELEXELECTRIC LLLP: Wins Bid to Seal Documents
TELUS INTERNATIONAL: Artificially Inflated Stock Price, Sarria Says
TEMECULA VALLEY: Standing Order Entered in Lauper Class Suit
TENET HEALTHCARE: Filing for Class Cert Bid Due June 15, 2026
TENNESSEE: Bull Seeks to Certify Three Rule 23 Classes
TENNESSEE: Parties Seek More Time to File Class Cert Response
TODD BENJAMIN: May 5 Settlement Opt-Out Deadline Set
TRANSAMERICA LIFE: Allowed to File Resistance to Class Cert Bid
TS INNOVATION: $29.75MM Class Settlement to be Heard on March 27
UNION PACIFIC: Class Certification Discovery in Black Due June 25
UNION PACIFIC: Seeks Partial Dismissal of Barkmeier Suit
UNITED FREEWAY: Standing Order Entered in Morones Class Suit
UNITED PARKS: Class Cert Bid Filing in Eastman Due May 9
UNITED STATES: Lewis Seeks to Certify Class of Parolees
UNITED WATER: Settlement Class in Knott Suit Wins Certification
US BANCORP: Bid for Conditional Class Cert. in Mora Due Feb. 28
W.D. WRIGHT: Faces Rivera Wage-and-Hour Suit in M.D. Pa.
WASTE CONNECTIONS: Bid to Deny Class Cert. in Pinnacle Tossed
WEBMD LLC: Can File Documents Under Seal
WELLS FARGO: Class Cert Bid Filing in Morris Suit Due Sept. 11
WELLS FARGO: Settlement in Aguilar Suit Gets Initial Nod
WESTLAKE SERVICES: Class Settlement in Nguyen Gets Final Nod
WOODBURY WELLNESS: Desoto Suit Seeks to Certify FLSA Collective
ZIROZI INC: Parties Must Exchange Witness Reports by March 20
*********
ACXIOM LLC: Johnson Sues Over Unauthorized Use of Names for Trade
-----------------------------------------------------------------
CHRISTOPHER JOHNSON and SHELBY ZELONIS ROBERSON, individually and
on behalf of all others similarly situated, Plaintiffs v. ACXIOM
LLC, Defendant, Case No. 1:25-cv-00165 (E.D. Va., January 30, 2025)
is a class action against the Defendant for violations of Virginia
Code.
The case arises from the Defendant's alleged use of the Plaintiffs'
and Class members' names for purposes of trade, without having
first obtained their written consent, in violation of Virginia
Code. As a result of these violations, the Plaintiffs and members
of the Class have been damaged, says the suit.
Acxiom LLC is a database marketing company, with its principal
place of business in Arkansas. [BN]
The Plaintiffs are represented by:
Steven T. Webster, Esq.
WEBSTER BOOK LLP
2300 Wilson Blvd., Suite 728
Arlington, VA 22201
Telephone: (888) 987-9991
Email: swebster@websterbook.com
- and -
Andrew Levetown, Esq.
LEVETOWN LAW, LLP
1439 Woodhurst Blvd.
McLean, VA 22102
Telephone: (703) 618-2264
Email: andrew@levetownlaw.com
- and -
Todd S. McClelland, Esq.
STERLINGTON PLLC
One World Trade Center, 85th Floor
New York, NY 10007
Telephone: (404) 483-6976
Email: todd.mcclelland@sterlingtonlaw.com
ALLSTATE CORP: Illegally Collects Driving Data, Jackson Says
------------------------------------------------------------
JOSEPH JACKSON and RACHEL ZIMMERMAN, individually and on behalf of
all similarly situated persons, Plaintiffs v. THE ALLSTATE
CORPORATION, ALLSTATE INSURANCE COMPANY, ALLSTATE VEHICLE AND
PROPERTY INSURANCE COMPANY, ARITY, LLC, ARITY 875, LLC, and ARITY
SERVICES, LLC, Defendants, Case No. 3:25-cv-00894 (N.D. Cal.,
January 27, 2025) is a class action against Defendants seeking to
redress the harms caused by surreptitious, and unconsented,
collection of Plaintiffs' personal information.
The complaint alleges that the consumer driving data Defendants
collected is highly invasive and personal, including information
about what consumers did inside their cars each and every time they
drove or rode in a vehicle sufficient to "fingerprint" (i.e.,
identify) each individual driver. The data Defendants harvested
from each consumer was tied to individuals and included
geolocation, route history, driving schedule, fuel or charging
levels, hard braking events, hard acceleration events, tailgating,
time spent idle, speeds over 80 miles per hour, vehicle speed,
average speed, late night driving, driver attention, and more.
According to the complaint, the Defendants collected consumer
driving data from their own mobile devices, in-car devices and
apps, and the vehicles they drove -- without consumers' knowledge
or consent -- and then used that personally identifying information
for their own purposes (including to calculate insurance rates for
Plaintiffs) or sold the data to third parties for profit. The
Defendants marketed and sold the personal data obtained through
third-party apps as "driving" data purportedly reflecting
consumers' driving habits.
The putative Class is comprised of millions of Americans who were
not informed of, did not consent to, and suffered harms as a result
of Defendants' ongoing collection, use, and sale of their personal
data.
The Allstate Corporation provides insurance products, including car
insurance, throughout the United States.[BN]
The Plaintiffs are represented by:
Lesley E. Weaver, Esq.
Anne K. Davis, Esq.
Joshua D. Samra, Esq.
BLEICHMAR FONTI & AULD LLP
1330 Broadway, Suite 630
Oakland, CA 94612
Telephone: (415) 445-4003
Facsimile: (415) 445-4020
E-mail: lweaver@bfalaw.com
adavis@bfalaw.com
jsamra@bfalaw.com
- and -
Gregory S. Mullens, Esq.
BLEICHMAR FONTI & AULD LLP
75 Virginia Road, 2nd Floor
White Plains, NY 10603
Telephone: (415) 445-4006
E-mail: gmullens@bfalaw.com
- and -
Sabita J. Soneji, Esq.
TYCKO & ZAVAREEI LLP
1970 Broadway, Suite 1070
Oakland, CA 94612
Telephone: (510) 254-6808
E-mail: ssoneji@tzlegal.com
- and -
Shana Khader, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Ave. NW, Suite 1010
Washington, DC 20006
Telephone: (202) 973-0900
E-mail: skhader@tzlegal.com
AMENTUM GOVERNMENT: Seeks to Modify Phase 1 Class Cert. Sched Order
-------------------------------------------------------------------
In the class action lawsuit captioned as Jay Middleton and George
Lawrence, individually and on behalf of the Amentum 401(k)
Retirement Plan and DynCorp International Savings Plan, and all
others similarly situated, v. Amentum Government Services Parent
Holdings LLC, et al., Case No. 2:23-cv-02456-EFM-BGS (D. Kan.), the
Defendants ask the Court to enter an order modifying the Phase 1
Class Certification Scheduling Order to extend Defendants' current
deadline to provide the Plaintiffs with a settlement
counterproposal up to and including Feb. 21, 2025, and to extend
the parties' current deadline to either file a joint mediation
notice with the Court or submit confidential settlement reports to
the Court up to and including March 21, 2025.
The proposed extension of the parties' deadline is requested in
tandem to preserve the same 28-day window currently allotted in the
Phase 1 Order for the parties to engage in an informed review of
settlement prospects and either coordinate a mediation (and file a
joint mediation report) or report back on their efforts with the
level of detail called for in the Phase 1 Order (through submission
of confidential settlement reports).
Counsel for Defendants has conferred with counsel for Plaintiffs
regarding this Motion, and Plaintiffs do not oppose the Motion.
None of the parties will be prejudiced by the proposed extensions,
and no previous extensions of these deadlines have been requested
or granted.
The Defendants include Amentum Benefits Administration Committee,
Amentum Retirement & Investment Committee, Tammy Woodman, Greg
Robinson, Bob Rudisin, Debbie Bechtel, Angie Myers, Alice McAbee,
Matt Stone, Jake Kennedy, Larry Goldman, Ann McRitchie, DynCorp
International LLC, The Retirement and Employee Benefit Plans
Committee, Barbara Walker, and John and Jane Doe Defendants 1-30.
Amentum provides global technical and engineering services.
A copy of the Defendants' motion dated Jan. 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gC8e04 at no extra
charge.[CC]
The Defendants are represented by:
Elaine Drodge Koch, Esq.
Sarah R. Holdmeyer, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
1200 Main Street, Suite 3800
Kansas City, MO 64105
Telephone: (816) 374-3235
Facsimile: (816) 374-3300
E-mail: elaine.koch@bclplaw.com
sarah.holdmeyer@bclplaw.com
- and -
Cardelle B. Spangler, Esq.
Aviva Grumet-Morris, Esq.
Tiana Pequette, Esq.
Heather L. Kriz, Esq.
John Michael Gaddis, Esq.
WINSTON & STRAWN LLP
35 West Wacker Drive
Chicago, IL 60601
Telephone: (312) 558-5600
Facsimile: (312) 558-5700
E-mail: cspangler@winston.com
agmorris@winston.com
tpequette@winston.com
hkriz@winston.com
mgaddis@winston.com
ANGEL ADAN: Torres-Delgado Seeks to Certify Class Action
--------------------------------------------------------
In the class action lawsuit captioned as NELSON TORRES-DELGADO, on
behalf of himself and all similarly situated individuals, v. ANGEL
LUIS ADAN, Warden, MDC Guaynabo, et al., Case No. 3:25-cv-01054-MAJ
(D.P.R.), the Plaintiff asks the Court to enter an order :
1. Certifying this case as a class action pursuant to Federal
Rule of Civil Procedure 23(a) and (b)(2);
2. Appointing the Plaintiff as the representative of the Class;
3. Appointing the Plaintiff's legal counsel as Class Counsel to
represent the interests of the Class;
4. Declaring that the Defendants' actions violated the
constitutional and statutory rights of Plaintiff and the
Class, including but not limited to violations of the First,
Fifth, Fourteenth, and Fifteenth Amendments to the United
States Constitution, as well as the Voting Rights Act, 52
U.S.C. § 20510;
5. Granting a permanent injunction prohibiting Defendants from
engaging in further voter suppression practices and
requiring them to implement policies ensuring full
compliance with federal and state voting rights protections
for all SHU inmates at MDC Guaynabo;
6. Directing the Defendants to develop and implement lawful
voting procedures that ensure all SHU inmates receive timely
election notices, voter registration materials, access to
voting areas, and the ability to cast their ballots in
future elections;
7. Mandating an independent oversight body or election
compliance monitor to ensure Defendants' future compliance
with voting rights laws for incarcerated individuals at MDC
Guaynabo;
8. Awarding compensatory damages to Plaintiff and class members
for the constitutional and statutory violations suffered,
including emotional distress and loss of civil rights, in an
amount to be determined at trial;
9. Awarding punitive damages against Defendants to deter future
voter suppression and hold them accountable for their
willful and malicious conduct;
10. Awarding Plaintiff and class members reasonable attorneys’
fees, costs, and expenses pursuant to 42 U.S.C. § 1988 and
other applicable law;
11. Granting any further relief that this Court deems just,
equitable, and necessary to ensure full protection of
Plaintiff's and class members' fundamental voting rights.
The Plaintiff seeks certification of the following class pursuant
to Federal Rule of Civil Procedure 23(a) and (b)(2):
"All eligible voters who were confined in the Special Housing
Unit (SHU) at MDC Guaynabo on or before November 3, 2024, and
who were systematically denied access to voter registration,
election materials, and the ability to cast a ballot due to
Defendants’ actions and omissions."
A copy of the Plaintiff's motion dated Jan. 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EuET2E at no extra
charge.[CC]
The Plaintiff is represented by:
Edwin Prado-Galarza, Esq.
PRADO NÚÑEZ & ASOCIADOS P.S.C.
403 Del Parque St. Suite 8
San Juan, PR 00912
Telephone: (787) 977-1411
Facsimile: (787) 977-1410
E-mail: Pradolaw10@gmail.com
ARBOR GREEN: Holden Collective Action Gets Conditional Status
-------------------------------------------------------------
In the class action lawsuit captioned as CHRIS HOLDEN, DREU LULOW
and SAMUEL SCHMUCKER, on behalf of themselves and all others
similarly situated, v. ARBOR GREEN, INC. and CHRISTY WADE Case No.
3:23-cv-00461-wmc (W.D. Wis.), the Hon. Judge entered an order
that:
1) Plaintiffs' motion for conditional certification of the FLSA
collective action and authorization of notice to similarly
situated persons is granted.
2) The Plaintiffs may send out the attached, modified notice.
Thus, plaintiffs have met their burden, and the court will
conditionally certify a collective action as to laborers' riding
time (to and from the jobsite).
Thus, plaintiffs have made a sufficient showing that plaintiffs and
a putative collective together may well have had their rights
violated by Arbor Green's common policy of not paying employees for
driving vehicles to overnight storage locations.
In this putative class and collective action, named plaintiffs
Chris Holden, Dreu Lulow, and Samuel Schmucker contend that
defendants Arbor Green, Inc. and Christy Wade violated the Fair
Labor Standards Act of 1938 ("FLSA") and Wisconsin state law.
Arbor Green is a Wisconsin-based construction company.
A copy of the Court's opinion and order dated Jan. 21, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=uLGOHi
at no extra charge.[CC]
BERLIN FIRE: Braniecki Seeks Initial OK of Settlement Deal
----------------------------------------------------------
In the class action lawsuit captioned as GEORGE BRANIECKI,
individually and on behalf of all persons similarly situated, v.
BERLIN FIRE COMPANY, INC., Case No. 1:24-cv-01900-JRR (D. Md.), the
Plaintiff asks the Court to enter an order to:
1. Preliminarily approve the Agreement;
2. Certify under Fed. R. Civ. P. 23, for purposes of
settlement, the following "Maryland Class:
"All persons employed by Defendant as firefighters wholly or
partially within the State of Maryland during the period
June 28, 2021, through March 2023, who, in any week during
this period, worked overtime exceeding 40 hours for which
Defendant failed to pay that person Maryland-required
overtime premium wages at the Maryland-required rate of one-
and-one-half times that person's regular hourly rate for
each such overtime hour or fraction thereof worked."
3. Approve the settlement of the Maryland Class's claims under
Maryland Law;
4. Conditionally Certify under 29 USC section 216(b), for
purposes of settlement, the following "FLSA Class" of
potential opt-in litigations:
"All persons employed by Defendant as firefighters during
the period June 28, 2021, through March 2023, who, in any
week during this period, worked overtime exceeding 40 hours
for which the Defendant failed to pay that person FLSA
required overtime premium wages at the FLSA required rate of
one-and-one-half times that person's regular hourly rate for
each such overtime hour or fraction thereof worked."
5. Approve the settlement of the FLSA Class’s claims under the
Fair Labor Standards Act;
6. Preliminarily approve Plaintiff as representative of the
Maryland Class and the FLSA Class;
7. Preliminarily approve Zipin, Amster & Greenberg LLC as Class
Counsel for the Maryland Class and the FLSA Class;
8. Preliminarily approve ILYM Group, Inc. Administration as
Settlement Administrator;
9. Preliminary approve the Settlement Administrator's costs of
claims administration, in the amount of Four Thousand, Nine
Hundred Fifty Dollars ($4,950.00), with any excess costs of
claims administration being paid out of Class Counsel's
attorneys' fee award;
10. Approve the Proposed Settlement Notice; and
11. Approve the proposed procedure and schedule for completing
the final approval process, as set forth in the Agreement
and Settlement Notice.
A copy of the Plaintiff's motion dated Jan. 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Q3ETOk at no extra
charge.[CC]
The Plaintiff is represented by:
Gregg C. Greenberg, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Telephone: (301) 587-9373
E-mail: ggreenberg@zagfirm.com
CAPITAL ONE: King Sues Over Deceptive Business Practices
--------------------------------------------------------
CAMERON KING, individually and on behalf of all others similarly
situated, Plaintiff v. CAPITAL ONE FINANCIAL CORPORATION; WIKIBUY
LLC; and WIKIBUY HOLDINGS LLC, Defendants, Case No. 1:25-cv-00149
(E.D. Va., Jan. 28, 2025) alleges violation of the California
Comprehensive Computer Data Access & Fraud Act.
The Plaintiff alleges in the complaint that the Defendants have
employed a tactic known as "cookie stuffing," a form of online
marketing fraud where a malicious affiliate marketer secretly
places tracking cookies on a user's browser, making it appear as if
the user came to a website through its affiliate link, even if the
user did not, allowing the Defendants to fraudulently earn
commission on sales that it did not actually generate by driving
traffic to the site.
This deceptive tactic has allowed the Defendants to profit from the
promotional efforts of online content creators like the Plaintiff
and Class Members, by maliciously replacing the legitimate
affiliate cookies of the Plaintiff and Class Members with the
Defendants' own affiliate cookies just as users begin the checkout
process.
When a consumer clicks on a content creator's affiliate link but
later uses the Defendants, the creator's affiliate cookie is
overwritten by the Defendants' own cookie. The Defendants claims
100 percent of the commission for the sale originally driven by the
content creator. As a result of the Defendants' scheme, the
Plaintiff and Class Members have incurred, and will continue to
incur, damages from the theft of their commission payments, says
the suit.
Capital One Financial Corporation provides commercial banking
services. The Bank accepts deposits and offers personal credit
cards, investment products, loans, and online banking services.
[BN]
The Plaintiff is represented by:
Kristi C. Kelly, Esq.
Casey S. Nash, Esq.
KELLY GUZZO, PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167
Email: kkelly@kellyguzzo.com
casey@kellyguzzo.com
- and -
James J. Pizzirusso, Esq.
Amanda V. Boltax, Esq.
Ian E. Engdahl, Esq.
HAUSFELD LLP
888 16th Street N.W., Suite 300
Washington, DC 20006
Telephone: (202) 540-7200
Email: jpizzirusso@hausfeld.com
mboltax@hausfeld.com
iengdahl@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street
Fourteenth Floor
New York, NY 10004
Telephone: (202) 540-7200
- and -
Joseph J. DePalma, Esq.
Catherine B. Derenze, Esq.
Collin J. Schaffhauser, Esq.
LITE DEPALMA GREENBERG
& AFANADOR, LLC
570 Broad St., Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3000
Email: jdepalma@litedepalma.com
cderenze@litedepalma.com
cschaffhauser@litedepalma.com
- and -
Mindee J. Reuben, Esq.
LITE DEPALMA GREENBERG
& AFANADOR, LLC
1515 Market Street, Suite 1200
Philadelphia, PA 19102
Telephone: (215) 854-4060
Email: mreuben@litedepalma.com
CARDINAL LOGISTICS: Removes Herrera Suit to E.D. Calif.
-------------------------------------------------------
The Defendant in the case of CESAR HERRERA, individually and on
behalf of all others similarly situated, Plaintiff v. CARDINAL
LOGISTICS MANAGEMENT CORPORATION; RYAN ODELL; and DOES 1 through
100, inclusive, Defendants, filed a notice to remove the lawsuit
from the Superior Court of the State of California, San Joaquin
County (Case No. STK-CV-UOE-2024-0016890) to the U.S. District
Court for the Eastern District of California on Jan. 28, 2025.
The clerk of court for the Eastern District of California assigned
Case No. 2:25-cv-00387-DAD-CKD. The case is assigned to Hon. Dale
A. Drozd and referred to Magistrate Carolyn K. Delaney.
Cardinal Logistics Management Corporation provides transportation
and logistic services. The Company offers contract carriage, bulk
transport, jobsite delivery, life science logistics, temperature
controlled carriers, supply chain consulting, warehousing, and
inventory management services. [BN]
The Defendants are represented by:
Drew R. Hansen, Esq.
Pavneeet Singh Mac, Esq.
NOSSAMAN LLP
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
Telephone: (949) 833-7800
Facsimile: (949) 833-7878
Email: dhansen@nossaman.com
- and -
Madeline G. Hassell, Esq.
NOSSAMAN LLP
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017
Telephone: (213) 612-7800
Facsimile: (213) 612-7801
Email: mhassell@nossaman.com
CARLOS WANZELER: Wins Bid to Seal Class Cert Documents
------------------------------------------------------
In the class action lawsuit captioned as Magalhaes v. Wanzeler, et
al., Case No. 1:14-cv-12437 (D. Mass., Filed June 9, 2014), the
Hon. Judge Nathaniel M. Gorton entered an order granting the
Defendants' motion to seal the documents in question provisionally
so as not to delay briefing related to class certification.
Any documents filed under seal pursuant to the order must be filed
in accordance with the instructions from the Clerk's Office by no
later than Feb. 5, 2025. The Defendants have not identified, or
provided the court with copies of, the documents they seek to file
under seal.
To the extent the Defendants -- or the Plaintiffs -- want these
documents to remain under seal on the docket, they must "explain,
on a document-by-document basis, why sealing is required and how
their request satisfies the applicable legal standard." They must
make such a filing by no later than Feb. 28, 2025. If they do not
make such a filing, the court will unseal the documents.
Mag. Judge Katherine A. Robertson entered in Case No.
1:14-cv-12058-NMG provisionally granting motion to seal filed by
the Defendants Wells Fargo Bank, N.A., Wells Fargo Bank. LLC,
Mauricio Cardenas, Michael Montalvo, and ProPay, Inc.
Counsel will receive an email within 24 hours of the order with
instructions for submitting sealed documents for which leave has
been granted in accordance with the Local Rules of the U.S.
District Court of Massachusetts.
The nature of suit states Securities / Commodities / Exchange.[CC]
CHRISTINE WORMUTH: Amended Class Cert Bid Must be Filed by April 18
-------------------------------------------------------------------
In the class action lawsuit captioned as SMOKE et al v. WORMUTH,
Case No. 1:24-cv-02919 (D.D.C., Filed Oct. 15, 2024), the Hon.
Judge Ana C. Reyes entered an order:
-- The Plaintiffs will file an amended motion for class
certification, if any, on or before April 18, 2025.
-- Either party shall file any pre-motion notice for a
dispositive motion on or before May 1, 2025.
-- After the pre-motions notices are fully briefed by both sides
per the rules in the Judge's Standing Order, the parties
should contact the courtroom deputy to set up a pre-motion
conference.
The nature of suit states Statutory Actions.[CC]
DONALD TRUMP: Washington Seeks to Certify Pregnant Persons Class
----------------------------------------------------------------
In the class action lawsuit captioned as STATE OF WASHINGTON, et
al., v. Donald TRUMP, et al., Case No. 2:25-cv-00127-JCC (W.D.
Wash.), the Plaintiffs ask the Court to enter an order certifying
(and provisionally certifying, as necessary) the proposed class,
appointing Plaintiffs as class representatives, and appointing the
undersigned attorneys as class counsel.
Class certification is appropriate because the class is
sufficiently numerous and the Individual Plaintiffs seek relief
common to the class, have claims typical of the class, and are
adequate representatives, the Plaintiffs contend.
The Individual Plaintiffs thus request that the Court certify the
following class:
"All pregnant persons residing in Washington State who will
give birth in the United States on or after Feb. 19, 2025,
where neither parent of the expected child is a U.S. citizen
or lawful permanent resident at the time of the child's birth;
and,
"all children residing in Washington State who are born in the
United States on or after Feb. 19, 2025, where neither of
their parents is a U.S. citizen or lawful permanent resident
at the time of the child’s birth."
Individual Plaintiffs Delmy Franco, Cherly Norales, Alicia
Chavarria, their future children, and the class they seek to
represent all face the specter of themselves or their children
being stripped of their U.S. citizenship, despite being born in the
United States and being subject to the country's jurisdiction. They
and putative class members are directly impacted by an Executive
Order (EO) signed by President Trump on January 20, 2025, that
purports to strip them or their children of their right to U.S.
citizenship. But that EO violates the express language of the
Fourteenth Amendment of the U.S. Constitution, Supreme Court
precedent squarely addressing the question presented, and a federal
statute codifying this constitutional right.
On Jan. 20, 2025, President Trump issued an Executive Order that
purports to eliminate birthright citizenship for certain children
of noncitizens in the United States.
The Plaintiff Delmy Franco is a noncitizen from El Salvador who
currently resides in Lynnwood, Washington. She is around seven
months pregnant, and her due date is March 26, 2025.
Donald Trump is an American politician, media personality, and
businessman.
A copy of the Plaintiffs' motion dated Jan. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=UYCEU7 at no extra
charge.[CC]
The Plaintiffs are represented by:
Matt Adams, Esq.
Glenda M. Aldana Madrid, Esq.
Leila Kang, Esq.
Aaron Korthuis, Esq.
NORTHWEST IMMIGRANT
RIGHTS PROJECT
615 Second Ave., Suite 400
Seattle, WA 98104
Telephone: (206) 957-8611
E-mail: matt@nwirp.org
glenda@nwirp.org
leila@nwirp.org
aaron@nwirp.org
ELIGO ENERGY: Overcharges Electric & Gas Prices, Orzolek Claims
---------------------------------------------------------------
THOMAS ORZOLEK, on behalf of himself and all others similarly
situated, Plaintiff v. ELIGO ENERGY, LLC and ELIGO ENERGY OH, LLC,
Defendants, Case No. 2:25-cv-00078-SDM-EPD (S.D. Ohio, January 30,
2025) is a class action against the Defendants for breach of
contract.
The case arises from Eligo's use of a pricing methodology that
charged excessive and varying profit margins with the intent of
depriving customers of the benefits of a rate calculated using the
contract's two identifiable pricing criteria. As a result of
Eligo's breach of contract, tens of thousands of customers have
been, and continue to be, fleeced by Eligo out of tens of millions
of dollars in exorbitant charges for electricity and natural gas.
The Plaintiff and the Class therefore seek damages, restitution,
and declaratory relief for Eligo's breach of contract, says the
suit.
Eligo Energy, LLC is a retail energy supplier, with its principal
place of business in Chicago, Illinois.
Eligo Energy OH, LLC is a retail energy supplier, with its
principal place of business in Chicago, Illinois. [BN]
The Plaintiff is represented by:
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, L.P.A.
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8297
Facsimile: (513) 345-8294
Email: jgoldenberg@gs-legal.com
- and -
D. Greg Blankinship, Esq.
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP
One North Broadway, Suite 900
White Plains, NY 10601
Telephone: (914) 298-3281
Facsimile: (914) 824-1561
Email: gblankinship@fbfglaw.com
- and -
J. Burkett McInturff, Esq.
WITTELS MCINTURFF PALIKOVIC
305 Broadway, 7th Floor
New York, NY 10007
Telephone: (917) 775-8862
Facsimile: (914) 775-8862
Email: jbm@wittelslaw.com
ENVISION MANAGEMENT: Harrison Wins Class Certification Bid
----------------------------------------------------------
In the class action lawsuit captioned as ROBERT HARRISON, on behalf
of himself and all other similarly situated individuals on behalf
of Envision Management Holding, Inc. ESOP, and GRACE HEATH, on
behalf of herself, the Envision Management Holding, Inc. ESOP, and
all other similarly situated individuals, v. ENVISION MANAGEMENT
HOLDING, INC. BOARD OF DIRECTORS, ENVISION MANAGEMENT HOLDING, INC.
EMPLOYEE STOCK OWNERSHIP PLAN COMMITTEE, ARGENT TRUST COMPANY,
DARREL CREPS, III, PAUL SHERWOOD, JEFF JONES, AARON RAMSAY, TANWEER
KAHN, NICOLE JONES, and LORI SPAHN, Case No. 1:21-cv-00304-CNS-MDB
(D. Colo.), the Hon. Judge Charlotte Sweeney entered an order as
follows:
(1) Plaintiffs' motions for class certification is granted.
(2) Plaintiffs Harrison and Heath are named as the
representatives of the class.
(3) Pursuant to Federal Rule of Civil Procedure 23(g), the law
firm of Cohen Milstein Sellers & Toll PLLC is appointed as
class counsel.
(4) If either party believes that notice is warranted, that
party, upon conferral with opposing counsel, shall submit
to the Court a proposed class notice within 14 day of this
order.
The Court finds that class certification is appropriate in this
ERISA action.
The Defendants have not identified any remedy of that would benefit
the named Plaintiffs at the expense of other class members or
otherwise shown that a true conflict exists. The Court thus finds
that there is no conflict between Plaintiffs' claims and the other
class members.
Accordingly, the Court finds that Plaintiffs have satisfied the
requirements of Rules 23(b)(1)(A) and (B) by a preponderance of the
evidence.
The Plaintiffs move to certify an ERISA class under Federal Rule of
Civil Procedure 23. The Defendants oppose the requested relief.
The Plaintiffs move to certify the following class:
"All participants in the Envision ESOP on or after Sept. 1,
2017 who vested under the terms of the ESOP, and those
Participants' beneficiaries."
Excluded from the Class are Defendants, directors of Envision,
recipients of warrants or stock appreciation rights in
Envision stock, and immediate family members of those excluded
individuals.
Envision provides diagnostic imaging services such as MRIs, CT
scans, and ultrasounds.
A copy of the Court's order dated Jan. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NeLDay at no extra
charge.[CC]
EXTREME NETWORKS: Records Sensitive Personal Info, Rodriguez Says
-----------------------------------------------------------------
EMILY RODRIGUEZ, individually and on behalf of all others similarly
situated, Plaintiff v. EXTREME NETWORKS, INC., a Delaware
corporation, d/b/a EXTREMENETWORKS.COM, Defendant, Case No.
25STCV02137 (Cal. Super., Los Angeles Cty., January 27, 2025)
alleges that Defendant secretly pays a third party company called
"Drift" to embed its chat technology code into the chat feature
offered on Defendant's website, extremenetworks.com, to enable
eavesdropping in violation of the California Invasion of Privacy
Act.
According to the complaint, the Defendant created its own online
presence at the website to communicate with potential customers,
encouraging engagement with this electronic medium -- Defendant's
Website -- as an alternative to the telephonic or in-person
interaction. The Defendant did this to enable potential customers
to obtain information from and about Defendant's products, and to
enable Defendant to elicit information from potential customers
about their specific needs and desires.
The Plaintiff visited Defendant's website and conducted a brief
conversation through the website's chat feature, sharing personal
information in the process. She was not advised that the chat was
monitored, intercepted, or recorded, the complaint notes.
Extreme Networks, Inc. is a North Carolina-based company that
provides global networking solutions. The Defendant also owns,
operates, and controls the said website.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
GENEVE HOLDINGS: $11MM Class Settlement to be Heard on March 14
---------------------------------------------------------------
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
LAWRENCE BASS,
Plaintiff,
v.
GENEVE HOLDINGS, INC., STEVEN B.
LAPIN, ROY T.K. THUNG, and TERESA
HERBERT,
Defendants.
C.A. No. 2022-0778-JTL
SUMMARY NOTICE OF PENDENCY OF STOCKHOLDER CLASS
ACTION AND PROPOSED SETTLEMENT, SETTLEMENT HEARING,
AND RIGHT TO APPEAR
TO:
All record holders and beneficial owners of shares of Independence
Holding Company ("IHC") common stock (NYSE: "IHC") whose shares
were exchanged for or who had the right to receive in exchange
$57.00 per share in cash at the closing of the take-private
transaction between IHC and Geneve Holdings, Inc. on February 15,
2022 (the "Closing"), including their respective heirs, successors
in interest, successors, transferees, and assigns (the "Class").
PLEASE READ THIS SUMMARY NOTICE CAREFULLY. YOUR RIGHTS WILL BE
AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of
Chancery of the State of Delaware (the "Court"), that the
above-captioned stockholder class action (the "Action") is pending
in the Court.
YOU ARE ALSO NOTIFIED that Plaintiff Lawrence Bass ("Plaintiff"),
individually and on behalf of the Class, has reached a proposed
settlement with defendants Geneve Holdings, Inc., Steven B. Lapin,
Roy T.K. Thung, and Teresa Herbert (collectively, "Defendants") and
IHC for $11,000,000.00 in cash (the "Settlement"). The terms of
the Settlement are stated in the Stipulation and Agreement of
Settlement, Compromise, and Release between Plaintiff, Defendants
and IHC, dated November 27, 2024 (the "Stipulation"), a copy of
which is available at www.IHCStockholderLitigation.com. If approved
by the Court, the Settlement will resolve all claims in the Action
as against Defendants.
A hearing (the "Settlement Hearing") will be held on March 14, 2025
at 11:00 a.m., before The Honorable J. Travis Laster, Vice
Chancellor, either in person at the Court of Chancery of the State
of Delaware, New Castle County, Leonard L. Williams Justice Center,
500 North King Street, Wilmington, Delaware 19801, or remotely by
Zoom or other means (in the discretion of the Court), to, among
other things: (i) certify the Class and appoint Plaintiff as Class
representative and Plaintiff's Counsel as Class counsel for
Settlement purposes; (ii) determine whether the proposed Settlement
on the terms and conditions provided for in the Stipulation is
fair, reasonable, and adequate to the Class, and should be approved
by the Court; (iii) determine whether a Judgment, substantially in
the form attached as Exhibit D to the Stipulation, should be
entered dismissing the Action with prejudice as against Defendants;
(iv) determine whether the proposed Plan of Allocation of the Net
Settlement Fund is fair and reasonable, and should therefore be
approved; (v) determine whether the application by Plaintiff's
Counsel for an award of attorneys' fees and expenses should be
approved; (vi) hear and rule on any objections to the Settlement,
the proposed Plan of Allocation, and/or to the application by
Plaintiff's Counsel for an award of attorneys' fees and expenses;
and (vii) consider any other matters that may properly be brought
before the Court in connection with the Settlement. Any updates
regarding the Settlement Hearing, including any changes to the date
or time of the hearing or updates regarding in-person or remote
appearances at the hearing, will be posted to the Settlement
website, www.IHCStockholderLitigation.com.
If you are a member of the Class, your rights will be affected by
the pending Action and the Settlement, and you may be entitled to
share in the Net Settlement Fund. If you have not yet received the
Notice, you may obtain a copy of the Notice by contacting the
Settlement Administrator at IHC Stockholder Litigation, c/o A.B.
Data, Ltd., P.O. Box 170500, Milwaukee, WI 53217. A copy of the
Notice can also be downloaded from the Settlement website,
www.IHCStockholderLitigation.com.
If the Settlement is approved by the Court and the Effective Date
occurs, the Net Settlement Fund will be distributed on a pro rata
basis to "Eligible Class Members" in accordance with the proposed
Plan of Allocation stated in the Notice or such other plan of
allocation as is approved by the Court. Under the proposed Plan of
Allocation, "Eligible Class Members" consist of all Class Members
who held or beneficially owned shares of IHC common stock at the
Closing on February 15, 2022, and therefore received, or were
entitled to receive, the Transaction Consideration for their
"Eligible Shares." "Eligible Shares" will be the number of shares
of IHC common stock held or beneficially owned by Eligible Class
Members at the Closing and for which Eligible Class Members
received, or were entitled to receive, the Transaction
Consideration. Pursuant to the proposed Plan of Allocation, each
Eligible Class Member will be eligible to receive a pro rata
payment from the Net Settlement Fund equal to the product of (i)
the number of Eligible Shares held by the Eligible Class Member and
(ii) the "Per-Share Recovery" for the Settlement, which will be
determined by dividing the total amount of the Net Settlement Fund
by the total number of Eligible Shares. As explained in further
detail in the Notice, pursuant to the Plan of Allocation, payments
from the Net Settlement Fund to Eligible Class Members will be made
in the same manner in which Eligible Class Members received the
Transaction Consideration. Eligible Class Members do not have to
submit a claim form to receive a payment from the Net Settlement
Fund.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Plaintiffs' Counsel's application for an award
attorneys' fees and expenses in connection with the Settlement must
be filed with the Register in Chancery in the Court of Chancery of
the State of Delaware and delivered to Plaintiff's Counsel and
Defendants' Counsel such that they are received no later than
February 27, 2025, in accordance with the instructions set forth in
the Notice.
Please do not contact the Court or the Office of the Register in
Chancery regarding this notice. All questions about this notice,
the proposed Settlement, or your eligibility to participate in the
Settlement should be directed to the Settlement Administrator or
Plaintiff's Counsel.
Requests for the Notice should be made to the Settlement
Administrator:
IHC Stockholder Litigation
c/o A.B. Data, Ltd.
P.O. Box 170500
Milwaukee, WI 53217
Telephone: 877-354-3840
Email: info@IHCStockholderLitigation.com
Website:
www.IHCStockholderLitigation.com
Inquiries, other than requests for the Notice, should be made to
Plaintiff's Counsel:
Kimberly A. Evans
BLOCK & LEVITON LLP
222 Delaware Avenue, Suite 1120
Wilmington, DE 19801
kim@blockleviton.com
Dated: January 27, 2025
BY ORDER OF THE COURT OF
CHANCERY OF THE STATE OF
DELAWARE
GRAND RAPIDS, MI: Faces Kimbrel Suit Over Illegal Arrest
--------------------------------------------------------
BRANDY KIMBREL, individually, as Next Friend for A.M., and others
similarly situated; SINQUAY SANDERS and ANIYSHA SANDERS,
individually, and for others similarly situated, Plaintiffs v. CITY
OF GRAND RAPIDS; OFFICER AUSTIN LYNEMA, Individually and in his
official capacity; OFFICER BRANDON PLASTERER, Individually and in
his official capacity; OFFICER THEODORE VANVLIET, Individually and
in his official capacity, Defendants, Case No. 1:25-cv-00097 (W.D.
Mich., January 27, 2025) is a class action for violations of the
Fourth and Fourteenth Amendments via an unreasonable seizure and
the excessive force used to effect it.
The Sanders Plaintiffs, both in their late teens at the time, were
driving down Alexander St. going towards their home on Prince St.
when they saw the Defendant Officers sitting parked. The Plaintiffs
passed by the officers as they approached the stop sign. The
Plaintiffs assert that as they passed the Defendants, they noticed
that they were engaged and focused on another vehicle, but when
they saw them coming by, they turned their attention to the young
Black American teens. The Plaintiffs assert they received the
attention of the Defendants due to being young Black Americans and
the color and make of their car; an orange Dodge Charger, popular
with young minorities.
After passing the Officers and noticing them watching their orange
Dodge Charger, the Plaintiffs made a complete stop, looked both
ways at the intersection, and continued towards their home. Shortly
after passing the officers, the Defendants Lynema and Plasterer
rushed behind the Plaintiffs and turned their lights on just as
they were turning from the second stop sign at Prince and Alexander
Streets, where they made another complete stop, and then turned on
to their home street. The Plaintiffs stopped in front of their
home, a couple of houses from the interaction, when officers seized
them without cause, contends the suit.
City of Grand Rapids, through its police department, is a municipal
corporation department operating within the County of Kent in the
Western District of the State of Michigan.[BN]
The Plaintiffs are represented by:
John R. Beason III, Esq.
THE J.R. BEASON FIRM, PLLC
853 McAlister Ave.
Benton Harbor, MI 49022
Telephone: (269) 213-1426
E-mail: JRBeason3@TheJRBeasonFirm.com
HOPE ORGANICS: Murphy Sues Over Blind's Equal Access to Website
---------------------------------------------------------------
JAMES MURPHY, on behalf of himself and all others similarly
situated, Plaintiff v. HOPE ORGANICS LLC, Defendant, Case No.
1:25-cv-00906 (S.D.N.Y., January 30, 2025) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York City Human Rights Law, and the New York General Business Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://mutha.com/, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alternative text, empty links that contain no
text, redundant links, and linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Hope Organics LLC is a company that sells online goods and services
in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
HOUSE OF SEVEN: Keel Sues Over Inflated Commissions Paid
--------------------------------------------------------
JEREMY KEEL, JEROD BREIT, HOLLEE ELLIS, FRANCES HARVEY, RHONDA
BURNETT, DON GIBSON, LAUREN CRISS, JOHN MEINERS, DANIEL UMPA,
CHRISTOPHER MOEHRL, MICHAEL COLE, STEVE DARNELL, JACK RAMEY, and
JANE RUH, individually and on behalf of all others similarly
situated, Plaintiffs v. HOUSE OF SEVEN GABLES REAL ESTATE, INC.,
WASHINGTON FINE PROPERTIES, LLC; SIDE, INC.; SIGNATURE PROPERTIES
OF HUNTINGTON, LLC; J.P. PICCININI REAL ESTATE SERVICES, LLC; JPAR
FRANCHISING, LLC; CAIRN REAL ESTATE HOLDINGS, LLC; CAIRN JPAR
HOLDINGS, LLC; YOUR CASTLE REAL ESTATE, LLC; BROOKLYN NEW YORK
MULTIPLE LISTING SERVICE, INC.; CENTRAL NEW YORK INFORMATION
SERVICE, INC.; FIRST TEAM REAL ESTATE - ORANGE COUNTY, Defendants,
Case No. 4:25-cv-00055-FJG (W.D. Mo., January 27, 2025) is a class
action brought by the Plaintiffs, on behalf of similarly situated
home sellers who listed homes on Multiple Listing Services in the
United States, against the Defendants for agreeing, combining and
conspiring to impose, implement, follow and enforce anticompetitive
National Association of REALTORS' restraints that caused home
sellers to pay inflated commissions on the sale of their homes, in
violation of federal antitrust law.
According to the complaint, each of the Corporate Defendants plays
an active role in NAR and local realtor associations and has
mandated and/or encouraged subsidiaries, franchisees, brokerages,
and individual realtors to join and implement the anticompetitive
scheme in order to secure the benefit of each Corporate Defendant's
brand, brokerage infrastructure, and other support. The unlawful
restraints implemented and enforced by the conspirators benefit NAR
and the Corporate Defendants and further their common goals by
allowing brokers to impose supra-competitive charges on home
sellers and restrain competition by forestalling competition from
lower-priced alternatives, says the suit.
The conspiracy has inflated buyer-broker commissions, which, in
turn, have inflated the total commissions paid by home sellers such
as Plaintiffs and the other class members. The Plaintiffs and the
other class members have each incurred, on average, thousands of
dollars in overcharges as a result of Defendants' conspiracy, the
suit asserts.
House of Seven Gables Real Estate, Inc. is an independent real
estate brokerage incorporated and headquartered in California.[BN]
The Plaintiffs are represented by:
Benjamin D. Brown, Esq.
Robert A. Braun, Esq.
Sabrina Merold, 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
- and -
Daniel Silverman, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
769 Centre Street, Suite 207
Boston, MA 02130
Telephone: (617) 858-1990
E-mail: dsilverman@cohenmilstein.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: steve@hbsslaw.com
- and -
Rio S. Pierce, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
E-mail: riop@hbsslaw.com
- and -
Nathan Emmons, Esq.
Jeannie Evans, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
455 North Cityfront Plaza Drive, Suite 2410
Chicago, IL 60611
Telephone: (708) 628-4949
E-mail: nathane@hbsslaw.com
jeannie@hbsslaw.com
- and -
Marc M. Seltzer, Esq.
Steven G. Sklaver, 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
- and -
Beatrice C. Franklin, Esq.
SUSMAN GODFREY L.L.P.
One Manhattan West
New York, NY 10001
Telephone: (212) 336-8330
E-mail: bfranklin@susmangodfrey.com
- and -
Matthew R. Berry, Esq.
Floyd G. Short, Esq.
Alexander W. Aiken, Esq.
SUSMAN GODFREY L.L.P.
401 Union St., Suite 3000
Seattle, WA 98101
Telephone: (206) 516-3880
E-mail: mberry@susmangodfrey.com
fshort@susmangodfrey.com
aaiken@susmangodfrey.com
- and -
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: dirks@williamsdirks.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 -
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: dirks@williamsdirks.com
- and -
Brandon J.B. Boulware, Esq.
Jeremy M. Suhr, Esq.
BOULWARE LAW LLC
1600 Genessee Street, Suite 956A
Kansas City, MO 64102
Telephone: (816) 492-2826
Facsimile: (816) 492-2826
E-mail: brandon@boulware-law.com
jeremy@boulware-law.com
MDL 2566: Defendants Seek to File Doer Declaration Under Seal
-------------------------------------------------------------
In the class action lawsuit Re: Telexfree Securities Litigation,
Case No. 4:14-md-02566-NMG (D. Mass.), the Defendants ask the Court
to enter an order allowing them to file portions of the declaration
of Adam K. Doerr in support of the opposition to Class
Certification under seal.
The Declaration includes references to materials that have been
designated "Confidential." These confidential materials include
detailed and confidential data produced by parties and non-parties
in this litigation.
Accordingly, to fulfill their obligations under the Protective
Order, Responding Defendants seek leave to file the Declaration
under seal.
A copy of the Defendants' motion dated Jan. 24, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qSdDeO at no extra
charge.[CC]
The Defendants are represented by:
J. Andrew Pratt, Esq.
David L. Balser, Esq.
Phyllis B. Sumner, Esq.
Charles G. Spalding, Jr., Esq.
Alexandra H. Titus, Esq.
KING & SPALDING LLP
1180 Peachtree Street, N.E.
Atlanta, GA 30309
Telephone: (404) 572-4799
Facsimile: (404) 572-5138
E-mail: apratt@kslaw.com
dbalser@kslaw.com
psumner@kslaw.com
cspalding@kslaw.com
atitus@kslaw.com
- and -
Douglas S. Brooks, Esq.
LIBBY HOOPES BROOKS, P.C.
399 Boylston Street, Suite 600
Boston, MA 02116
Telephone: (617) 338-9300
Facsimile: (617) 338-9911
E-mail: dbrooks@lhblaw.com
- and -
David B. Chaffin, Esq.
Eric B. Hermanson, Esq.
Audrey J. Schoenike, Esq.
WHITE AND WILLIAMS LLP
101 Arch Street, Suite 1930
Boston, MA 02110
Telephone: (617) 748-5200
Facsimile: (617) 748-5201
E-mail: chaffind@whiteandwilliams.com
hermansone@whiteandwilliams.com
schoenikea@whiteandwilliams.com
Attorneys for Wells Fargo Bank, N.A. and Wells Fargo Advisors, LLC
Adam Doerr, Esq.
Fitz E. Barringer, Esq.
Demi L. Bostian, Esq.
Patrick H. Hill, Esq.
Emma T. Kutteh, Esq.
ROBINSON, BRADSHAW & HINSON, P.A.
101 N. Tryon St., Ste. 1900
Charlotte, NC 28246
Telephone: (704) 377-2536
E-mail: adoerr@robinsonbradshaw.com
fbarringer@robinsonbradshaw.com
dbostian@robinsonbradshaw.com
phill@robinsonbradshaw.com
ekutteh@robinsonbradshaw.com
- and -
John O. Mirick, Esq.
MIRICK, O'CONNELL, DEMALLIE &
LOUGEE, LLP
100 Front Street
Worcester, MA 01608
Telephone: (508) 791-8500
E-mail: jmirick@mirickoconnell.com
- and -
Kenneth C. Pickering, Esq.
PICKERING LEGAL LLC
100 Grove Street
Worcester, MA 01605
Telephone: (508) 498-3880
E-mail: kpickering@pickering-legal.com
MOLINA HEALTHCARE: Court OK's Bid to Seal Documents
---------------------------------------------------
In the class action lawsuit captioned as LAUREN E. RAMEY,
individually and on behalf of all others similarly situated, v.
MOLINA HEALTHCARE INC., Case No. 3:23-cv-05768-RAJ (W.D. Wash.),
the Hon. Judge Richard Jones entered an order granting the parties'
stipulated motion to seal documents.
The Court orders the sealing of the unredacted version of the
motion for class certification and confidential exhibits thereto.
The parties provide that the confidential portions of the
deposition transcripts contain protected health information under
the Health Insurance Portability and Accountability Act.
Furthermore, the parties state that public disclosure of the
confidential information may competitively harm Defendant. Given
that the parties are in agreement regarding maintaining a seal on
these documents and the binding case law on the issue, the Court
concurs with their reasoning.
The Court also finds that the public interest in gaining access to
sensitive medical information and certain phone numbers does not
outweigh the private interest in keeping this information sealed.
Thie case is a class action lawsuit pertaining to alleged
violations of the Telephone Consumer Protection Act ("TCPA").
In June 2023, the Plaintiff received an unsolicited call from
Defendant regarding enrollment in a health maintenance organization
healthcare plan for her daughter.
The Plaintiff was under the impression she was conversing with her
daughter's actual insurer, Aetna, and therefore agreed to switch
the healthcare plan.
After realizing that it was the Defendant who was making these
calls, the Plaintiff indicated her desire to revert her daughter's
health insurance back to Aetna.
For the next several weeks, the Plaintiff received numerous phone
calls and generic voicemails from Defendant, which she labels as an
"annoyance, nuisance, and invasion of privacy." Her complaint
asserts a single cause of action on behalf of herself and eligible
class members for violation of the TCPA.
Molina offers health plans in California, Washington, Utah, and
Michigan.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NgDx63 at no extra
charge.[CC]
MORGAN STANLEY: Mansour Seeks Leave to File Amended Complaint
-------------------------------------------------------------
In the class action lawsuit captioned as John A. Mansour, v. Morgan
Stanley; Morgan Stanley & Co. LLC; Morgan Stanley Smith Barney LLC;
Merrill Lynch, Pierce, Fenner & Smith Incorporated; Deutsche Bank
Securities Inc.; Charles Schwab & Co., Inc.; and John Does 1-20,
Case No. 4:24-cv-00459-ALM (E.D. Tex.), the Plaintiff asks the
Court to enter an order granting his motion for leave to file the
amended complaint to add class action claims seeking injunctive and
declaratory relief, including under the Sherman Act
Mr. Mansour's request to file the Amended Complaint is
timely—well before the March 6, 2025, deadline to amend the
pleadings — and satisfies each of the five factors that the Court
must assess when considering a request for leave to amend. The
Court should grant the motion.
Specifically, Mr. Mansour's proposed Amended Complaint seeks
declaratory relief under Rule 23(b)(2) that:
(1) Defendants' arbitration provisions are the byproduct of an
anticompetitive agreement in violation of the Sherman Act,
as horizontal competitors may not agree to fix the
substantive terms used to offer goods and services to their
customers,
(2) Congress has not delegated the SEC with the
authority to approve FINRA's arbitration rules and the
FINRA arbitration forum, and (3) the SEC's approval of
FINRA's arbitration rules and the FINRA arbitration forum
violates the United States Constitution.
Because the Plaintiff brings a class action, the Defendants are
barred under their own contracts and under FINRA Rules from moving
for arbitration until a class certification motion is denied. As
such, if this Court grants Plaintiff's request to amend, it need
not reach Defendants' arbitration motions and should deny them
without prejudice, to be renewed only if and when class
certification has been denied.
Morgan offers wealth management, capital markets, investment
banking, research, trading, recapitalizations, equities valuations,
and financial advisory services.
A copy of the Plaintiff's motion dated Jan. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vAefaf at no extra
charge.[CC]
The Plaintiff is represented by:
Yavar Bathaee, Esq.
Andrew Wolinsky, Esq.
Brian J. Dunne, Esq.
Edward M. Grauman, Esq.
BATHAEE DUNNE LLP
445 Park Avenue, 9th Floor
New York, NY 10022
Telephone: (332) 322-8835
E-mail: yavar@bathaeedunne.com
awolinsky@bathaeedunne.com
bdunne@bathaeedunne.com
egrauman@bathaeedunne.com
NEWARK GROUP: Class Cert Opposition Filing Amended to March 10
--------------------------------------------------------------
In the class action lawsuit captioned as THOMAS RYAN, SUSAN RYAN,
SEAN GALLAGHER, ASHLEY SULTAN GALLAGHER, MICHELE BURT, NANCY
DONOVAN, and LAUREN LADUE, individually and on behalf of others
similarly situated, v. THE NEWARK GROUP, INC., MASSACHUSETTS
NATURAL FERTILIZER CO., INC., OTTER FARM, INC., SEAMAN PAPER
COMPANY OF MASSACHUSETTS, INC., and 3M COMPANY, Case No.
4:22-cv-40089-MRG (D. Mass), the Hon. Judge Margaret Guzman entered
an order granting the parties' joint motion to amend scheduling
order
as follows:
Event Current Amended
Deadline Deadline
Class Certification Fact Nov. 20, 2024 Nov. 20, 2024
Discovery – Final Deadline:
Plaintiffs' Class Certification Jan. 13, 2025 Jan. 13, 2025
Motion:
Plaintiffs' Class Certification Jan. 13, 2025 Jan. 13, 2025
Expert Disclosures:
Defendants' Class Certification Mar. 8, 2025 Mar. 10, 2025
Opposition:
Close of Class Certification Apr. 2, 2025 Apr. 2, 2025
Expert Discovery:
Plaintiffs' Class Certification Apr. 9, 2025 Apr. 9, 2025
Reply (and motion for leave)
Deadline for Non-Class Feb. 17, 2025 June 17, 2025
Certification Fact Depositions:
Newark manufactures paperboard products.
A copy of the Court's order dated Jan. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UtlCwV at no extra
charge.[CC]
NIKE RETAIL: Cruz Seeks to Amend Court's Jan. 14 Class Order
------------------------------------------------------------
In the class action lawsuit captioned as ADRIANA CRUZ, an
individual, on behalf of herself and on behalf of all persons
similarly situated, v. NIKE RETAIL SERVICES, INC. a Corporation;
and DOES 1 through 50, inclusive, Case No. 3:23-cv-00874-L-KSC
(S.D. Cal.), the Plaintiff, on March 3, 2025, will move for an
order amending the Court's Jan. 14, 2025 order granting in part and
denying in part Plaintiff's motion for class certification pursuant
to the Federal Rule of Civil Procedure 23(c)(1)(C) or, in the
alternative, move for reconsideration of that Certification Order
pursuant to Federal Rule Civil Procedure 54(b) and Local Rule
7.1(i) based on clear error.
Specifically, the Plaintiff requests that this Court amend the
Certification Order to certify the following claims to the extent
they are strictly derivative of the claims certified by the
Certification Order:
a. Violation of California Labor Code sections 201, 202 and 203
(Failure to Pay Wages Upon Discharge).
The Plaintiffs' motion will be made on the following grounds: (1)
good cause and a lack of prejudice and undue delay support the
alteration and/or amendment of the Certification Order as
requested; and (2) it is axiomatic that claims that are entirely
derivative of the certified claims should also be certified and not
to do so would be manifestly unjust to the subclass members of the
certified Subclasses.
On May 24, 2024, the Plaintiff filed her Motion for Class
Certification.
The Plaintiff sought to certify a class and six subclasses for the
claims alleged in their operative Consolidated Complaint, which
included claims for Missing Attestation Subclass (California Labor
Code sections 226.7 and 512), Missed Meal Period Subclass
(California Labor Code sections 226.7 and 512), Late Meal Period
Subclass (California Labor Code sections 226.7 and 512), Regular
Rate Subclass related to overtime (sections 510) as well as
derivative claims for the failure to pay wages upon discharge
(sections 201, 202 and 203), wage statement violations (section
226) and for unlawful business practices under California Business
& Professions Code section 17200, et seq. ("UCL").
Nike Retail is engaged in the retail sale of men's, women's and
children's footwear.
A copy of the Plaintiff's motion dated Jan. 24, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=A1OuS4 at no extra
charge.[CC]
The Plaintiff is represented by:
Norman B. Blumenthal, Esq.
Kyle R. Nordrehaug, Esq.
Aparajit Bhowmik, Esq.
Victoria B. Rivapalacio, Esq.
Christine T. LeVu, Esq.
Adolfo Sanchez Contreras, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
2255 Calle Clara
La Jolla, CA 92037
Telephone: (858)551-1223
Facsimile: (858) 551-1232
E-mail: norm@bamlawca.com
kyle@bamlawca.com
AJ@bamlawca.com
victoria@bamlawca.com
christine@bamlawca.com
adolfo@bamlawca.com
PAC HOUSING: Hills Suit Seek to Certify Class of Tenants
--------------------------------------------------------
In the class action lawsuit captioned as ALVIN HILLS, Individually
and on Behalf of All others Similarly Situated, v. PAC HOUSING
GROUP, LLC; MOF PARC-FONTAINE, LLC (F/K/A GMFPARC FONTAINE, LLC);
MOF-PRESERVATION OF AFFORDABILITY CORP. (F/K/A GMF- PRESERVATION OF
AFFORDABILITY CORP.); MINISTRY OUTREACH FOUNDATION (F/K/A GLOBAL
MINISTRIES FOUNDATION); and RICHARD HAMLET, Case No.
2:23-cv-05740-BWA-KWR (E.D. La.), the Plaintiffs ask the Court to
enter an order granting certification of a class of persons who
suffered overpayment injuries from Defendants' failures to perform
their legal and contractual obligations.
The Plaintiff proposes to represent a class of all tenants (i.e.,
not condo owners) who have resided at Parc Fontaine Apartments from
Dec. 2018 to the present (the period of common ownership and
control).
All their claims stem from the Defendants' failures to maintain
common areas, common facilities, and common appurtenances.
PAC Housing is a real estate company.
A copy of the Plaintiffs' motion dated Jan. 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=aU1lxs at no extra
charge.[CC]
The Plaintiffs are represented by:
Casey C. DeReus, Esq.
BRAGAR EAGEL & SQUIRE, P.C
810 Seventh Avenue, Suite 620
New York, NY 10019
Telephone: (212) 308-5858
Facsimile: (212) 486-0462
E-mail: dereus@bespc.com
- and -
DeVonn Jarrett, Esq.
JARRETT LAW GROUP, LLC
643 Magazine Street, Suite 301A
New Orleans, LA 70130
Telephone: (833) 554-6653
E-mail: djarrett@jarrettlawgroup.com
PACIFIC MARITIME: Class Cert Briefing Schedule Vacated
------------------------------------------------------
In the class action lawsuit captioned as PAMELA HILL, et al., v.
PACIFIC MARITIME ASSOCIATION, a California corporation, et al.,
Case No. 3:24-cv-00336-JSC (N.D. Cal.), the Parties ask the Court
to enter an order continuing the pending hearing date for the
motion to dismiss and vacating the current deadlines for
Plaintiff's class certification motion in this case as follows:
1. The hearing on Defendants' Motion to Dismiss shall be
continued from Jan. 30, 2025, at 10:00 a.m. to:
a. Feb. 6, 2025, at 10:00 a.m. Plaintiffs' counsel is based
out of Southern California and would like to attend the
hearing by Zoom because the Plaintiffs' counsel has a
mediation on Feb. 6, 2025. Defendants have no objection
to that request. Defendants' counsel will appear live at
the hearing; or
b. Feb. 20, 2025, at 10:00 a.m. Plaintiffs' counsel would
like to attend the hearing by Zoom because Plaintiffs'
counsel has a hearing in another matter in Los Angeles
Superior Court on Feb. 20, 2025. Defendants have no
objection to that request. Defendants' counsel will
appear live at the hearing.
2. The current briefing schedule deadlines for the Plaintiffs'
Class Certification Motion are vacated; and
3. The Parties shall propose a new briefing schedule for the
Court's consideration in their updated Case Management
Statement, due by Feb. 19, 2025, for the Case Management
Conference currently set for Feb. 26, 2025.
Pacific Maritime is a non-profit organization based in San
Francisco, California that represents employers of the shipping
industry on the Pacific coast.
The Plaintiffs include JERI STEWART, RHONDA JOHNSON, SHYRAUN
RUFFIN, SHEILA SEALS, LA TINA BLACKMON, DERRICK YOUNG, CORY BROWN,
STEPHEN JOHNSON, DARRYL SHAW, ROYCE GAVIN, PAUL WILLIAMS, and
HAROLD GREEN, JR. LASAUNDRA PIAZZA, DANIELLE THOMPSON, and OLANDO
GRAVES, individually, on behalf of all similarly situated
employees.
The Defendants include APM TERMINALS NORTH AMERICA INC., a
corporation; APM TERMINALS PACIFIC LLC, a Limited Liability
Company; COSCO SHIPPING TERMINALS (NORTH AMERICA) INC., a
California corporation; EVERGLADES COMPANY TERMINAL, INC., a
corporation; EVERPORT TERMINAL SERVICES, INC., a corporation; FENIX
MARINE SERVICES, LTD., a Limited Company; INTERNATIONAL
TRANSPORTATION SERVICE, LLC, a Limited Liability Company; LBCT,
LLC, a Limited Liability Company; MAERSK A/S, a corporation; MARINE
TERMINALS CORPORATION, a corporation; METRO CRUISE SERVICES LLC, a
California corporation; METROPOLITAN STEVEDORE COMPANY, a
California corporation; PACIFIC TERMINAL SERVICE COMPANY, LLC, a
Limited Liability Company; PASHA STEVEDORING & TERMINALS, INC., a
California corporation; PASHA STEVEDORING & TERMINALS, L.P., a
California Limited Partnership; PORTS AMERICA CRUISE, INC., a
corporation; SSA CONTAINERS, INC., a corporation; SSA MARINE, INC.,
a corporation; SSA PACIFIC, INC., a corporation; SSA TERMINALS,
LLC, a Limited Liability Company; STEVEDORING SERVICES OF AMERICA
811- WA, an unknown business entity; TOTAL TERMINALS INTERNATIONAL,
LLC, a Limited Liability Company; TRAPAC, LLC, a Limited Liability
Company; WEST BASIN CONTAINER TERMINAL, LLC, a Limited Liability
Company; YANG MING (AMERICA) CORPORATION, a corporation; YUSEN
TERMINALS LLC, a California Limited Liability Company; APS
STEVEDORING, LLC, a Limited Liability Company; BENICIA PORT
TERMINAL COMPANY, a California corporation; INNOVATIVE TERMINAL
SERVICES INC., a California corporation; PACIFIC CRANE MAINTENANCE
COMPANY, LLC, a Limited Liability Company; WEST COAST TERMINAL AND
STEVEDORE, INC., a California corporation; HARBOR INDUSTRIAL
SERVICES CORPORATION, a California corporation; and DOES 1 through
100, inclusive.
A copy of the Parties' motion dated Jan. 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=XFofvF at no extra
charge.[CC]
The Plaintiffs are represented by:
Roxanne A. Davis, Esq.
Frank Hakim, Esq.
DAVIS*GAVSIE & HAKIM, LLP
100 Wilshire Boulevard, Suite 700
Santa Monica, CA 90401
Telephone: (310) 789-2240
Facsimile: (310) 789-2249
E-mail: Roxanne@DGHLawyers.com
Frank@DGHLawyers.com
The Defendants are represented by:
Christian J. Rowley, Esq.
Jesse L. Miller, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Telephone: (415) 397-2823
Facsimile: (415) 397-8549
E-mail: crowley@seyfarth.com
jmiller@seyfarth.com
PACIFIC MARITIME: Court Continues Hearing on Bid to Dismiss
-----------------------------------------------------------
In the class action lawsuit captioned as Hill, et al., v. Pacific
Maritime Association, et al., Case No. 3:24-cv-00336 (N.D. Cal.),
the Hon. Judge Jacqueline Scott Corley entered an order granting
stipulation:
1) continuing hearing on the Defendant's motion to dismiss and
strike the Plaintiffs' 2nd amended complaint, and
2) vacating deadlines relating to plaintiffs' class
certification motion.
The nature of suit states labor litigation.
Pacific operates as a non-profit organization. The Organization
provides negotiating services between marine terminal operators and
labor unions.[CC]
PELICAN INVESTMENT: Parties Must Submit ESI Protocol by March 6
---------------------------------------------------------------
In the class action lawsuit captioned as ANGELINA SHOWERS,
Individually and on behalf of All Others Similarly Situated, v.
PELICAN INVESTMENT HOLDINGS GROUP, LLC d/b/a AAP, and AUTO SERVICE
DEPARTMENT, DIMENSION SERVICE CORPORATION, and SING FOR SERVICE,
LLC d/b/a MEPCO, Case No. 3:23-cv-02864-NJR (S.D. Ill.), the Hon.
Judge Nancy Rosenstengel entered an order adopting the Plaintiff's
proposed discovery schedule for the class certification phase of
this action as follows:
Initial disclosures pursuant to Federal Rule of Civil Procedure
26(a)(1)(A), as well as initial interrogatories, requests for
production, and requests for admission pursuant to Federal Rules of
Civil Procedure 33, 34 and 36 shall be served on opposing parties
on or before Feb. 7, 2025.
The parties shall submit a joint proposed ESI protocol no later
than March 6, 2025.
The Plaintiff's deposition shall be taken on or before May 30,
2025.
The depositions of Defendants' persons most qualified shall be
taken on or before Aug. 29, 2025.
The Defendants' Memorandum in Opposition to Class Certification
shall be filed on or before Feb. 9, 2026, and shall not exceed 20
pages.
The class certification hearing will be held at the East St.
Louis Courthouse at 1:30 p.m. on Feb. 26, 2026.
A copy of the Court's order dated Jan. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=E6w0mo at no extra
charge.[CC]
PERRY RUSSELL: Objection to Judge Denney's Report Overruled
-----------------------------------------------------------
In the class action lawsuit captioned as WILLIAM LYONS, v. PERRY
RUSSELL, et al., Case No. 3:23-cv-00335-MMD-CSD (D. Nev.), the Hon.
Judge Miranda Du entered an order overruling the Plaintiff's
objection to Judge Denney's report and recommendation.
The Court further entered an order that:
-- Judge Denney's report and recommendation is accepted and
adopted only for the reasons and to the extent described in
this order.
-- The Plaintiff's motion for certification of a class action is
denied without prejudice, with leave to file a renewed motion
for class certification or to take other appropriate action
through appointed pro bono counsel as set out in this order.
-- Court sua sponte refers this case to the Pro Bono Program
adopted in General Order 2019-07 for appointment of pro bono
counsel for the limited purpose described in this order. By
referring this case to the Program, the Court is not
expressing an opinion as to the merits of the case.
Pro se Plaintiff William Lyons, who is incarcerated at Northern
Nevada Correctional Center ("NNCC"), filed this action against NNCC
officials and medical personnel1 under 42 U.S.C. section 1983 and
the Americans with Disabilities Act ("ADA"), alleging that the
Defendants violated his civil rights when they detained him and 150
other prisoners on NNCC's athletic field in excessive heat.
Mr. Lyons moves to certify a class including several named
plaintiffs (including himself, David Thompson, Robert Jones, Percey
Lee Ric’e, and William Thompson), as well as more than 150
unnamed class members.
A copy of the Court's order dated Jan. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Mwy3am at no extra
charge.[CC]
PETRO-LUD INC: March 12 Class Cert Hearing Vacated
--------------------------------------------------
In the class action lawsuit captioned as Hunter v. Petro-Lud, Inc.,
Case No. 1:24-cv-00181 (E.D. Cal., Filed Feb. 8, 2024), the Hon.
Judge Kirk E. Sherriff entered an order that the hearing on motion
for class certification set for March 12, 2025, is vacated.
-- Within 14 days, the parties shall file a stipulated request for
order setting the remaining case management dates through trial
(e.g., merits discovery and pretrial motion filing deadlines,
pretrial conference, trial).
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Petro-Lud is a full-service drilling and service company.[CC]
PIERCE COUNTY, WI: Court Tosses Koeckeritz Complaint
----------------------------------------------------
In the class action lawsuit captioned as AUSTIN KOECKERITZ, v.
PIERCE CNTY., THE PIERCE CNTY. SHERIFF, THE PIERCE CNTY. MED.
DIRECTOR, THE PIERCE CNTY. MED. HEALTH ADMINISTRATOR, LT. ALI
VERGES, PROVIDER M. DOUGLAS, NURSE JANE DOE, THE PIERCE CNTY.
MENTAL HEALTH JANE DOE, THE PIERCE CNTY. DIETICIAN, SGT. JOSIE
AUSTIN, ST. CROIX CNTY., THE ST. CROIX CNTY. SHERIFF, THE ST. CROIX
CNTY. MED. DIRECTOR, THE ST. CROIX CNTY. MED. HEALTH ADMINISTRATOR,
JOHN OR JANE DOE DOCTORS, NURSE GINNIE, THE ST. CROIX CNTY. MENTAL
HEALTH JANE DOE, OFFICER BRADICK, and THE ST. CROIX CNTY.
DIETICIAN, Case No. 3:24-cv-00903-jdp (W.D. Wis.), the Hon. Judge
James Peterson entered an order that:
1. Plaintiff Austin Koeckeritz's complaint, and supplements,
are dismissed.
2. Plaintiff may have until Feb. 24, 2025, to file an amended
complaint that fixes the problems identified in this order.
3. The amended complaint will act as a complete substitute for
the earlier pleadings. This case will proceed on only the
allegations made and claims presented in the amended
complaint, and against only the defendants specifically
named in the amended complaint's caption.
4. If plaintiff does not comply with this order, the Court may
dismiss the case.
5. Plaintiff's motion for protective order, is denied.
6. Plaintiff's motion for legal interpretation is denied.
7. Plaintiff's motion for class certification is denied.
8. Plaintiff's motion for court assistance in recruiting
counsel, is denied as premature.
9. Plaintiff must inform the court of any new address. If he
fails to do this and defendants or the court cannot locate
him, this case may be dismissed.
10. The clerk of court is directed to send plaintiff a copy of
the court's prisoner complaint form.
Koeckeritz moves for class certification. The motion is premature
because Koeckeritz has yet to state a plausible federal claim. More
substantively, the basic rule is that a litigant who proceeds
without counsel "is not an adequate class representative."
Furthermore, Koeckeritz's description of the proposed class is too
vague to satisfy the requirements for class certification under
Federal Rule of Civil Procedure 23.
Austin Koeckeritz, proceeding without counsel, complains about
medical care and the conditions of his confinement while on
pretrial detention in Pierce County and St. Croix County. He
alleges that the many defendants, all affiliated with the jails of
Pierce County and St. Croix County, violated his civil rights in
numerous ways.
A copy of the Court's order dated Jan. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4yMbgC at no extra
charge.[CC]
PRA EVENTS: Hyneman Collective Action Gets Conditional Status
-------------------------------------------------------------
In the class action lawsuit captioned as Jan Hyneman, v. PRA Events
Incorporated, Case No. 4:23-cv-00497-RCC (D. Ariz.), the Hon. Judge
Raner Collins entered an order granting Plaintiff's motion for
conditional collective action certification,
The Court further entered an order that the case is conditionally
certified as a collective action pursuant to 29 U.S.C. section
216(b).
The Court approves the following class of individuals, for
conditional certification purposes only, as being "similarly
situated" and eligible to receive notice and opt in as Plaintiffs
to this action:
"All persons currently or formerly employed as a Regional
Sales Manager of Senior Regional Sales Manager on behalf of
Defendant PRA Events, Inc., who worked in excess of 40 hours
during one or more workweeks without receiving overtime
compensation from Nov. 3, 2020, through the present date.
The Court finds the Plaintiff has met the lenient standard for
conditional certification by establishing a plausible basis for
class-wide Fair Labor Standards Act (FLSA) violations.
The Defendant's arguments are more appropriately addressed at the
second stage of certification. Plaintiff has demonstrated that she
and other RSMs are similarly situated with respect to their job
duties and Defendant’s alleged misclassification policy. However,
the Court limits the collective to employees who were RSMs at PRA
The Plaintiff alleges that Defendant PRA Events misclassified
Regional Sales Managers ("RSMs") as exempt from overtime pay under
FLSA, and claims a collective action is warranted because RSMs
perform substantially similar duties and are subject to a common
misclassification policy.
PRA is a business event management firm.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PTQkPg at no extra
charge.[CC]
PRIMECARE MEDICAL: Bid to Shield PI, PHI from Inspection OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL D. ROSE, et al.,
v. PRIMECARE MEDICAL, INC., et al., Case No. 5:22-cv-00405 (S.D.W.
Va.), the Hon. Judge Frank Volk entered an order granting the
Plaintiffs' motions to the extent that all personal identifiers and
protected health information may be shielded from inspection.
The affected Defendants are ordered to file the redacted versions
of the subject documents on or before Jan. 31, 2025.
The Plaintiffs' motions are denied as to their residue. The Clerk
is directed to transmit copies of this Order to all counsel of
record and any unrepresented parties.
On Jan.13, 2025, the Court ordered the PrimeCare Defendants to
jointly show cause in writing why Exhibits 2, 3, 8–13, 18, and
20, as attached to Plaintiffs' motion to file exhibits to
Plaintiffs' motion for class certification as to Primecare
Defendants under seal should not be filed on the public docket.
On Jan. 16, 2025, the PrimeCare Defendants and Wexford Defendants
each filed a response. Both sets of defendants consented to the
filing of the exhibits on the public docket but requested that any
protected health and identifying information of inmates, as located
in Exhibits 8–13 and 18 of Plaintiffs' Motion as to PrimeCare and
in Exhibit 6 of Plaintiffs' motion as to Wexford, be redacted. That
obligation, of course, resides with the affected Defendants and not
the Court
The Plaintiffs include ROBERT C. CHURCH, SR., NICOLE HENRY, EDWARD
L. HARMON, WILLIAM BOHN, TONYA PERSINGER, on behalf of themselves
and others similarly situated, BRYAN STAFFORD, in his capacity as
Executor of the Estate of THOMAS FLEENOR, JR., JOHN CRABTREE,
STEVEN MARTIN, GARY TOLER, ELGIE ADKINS, and SABRINA EAGLE, on
behalf of themselves and others similarly situated.
The Defendants include PRIMECARE MEDICAL OF WEST VIRGINIA, INC.
THOMAS WEBER, BRETT BAVINGTON, TODD HESKINS, KRISTA VALLANDINGHAM,
MELISSA JEFFERY, BRANDY EASTRIDGE, HELEN PERKINS, JESSICA MILLER,
WEXFORD HEALTH SOURCES, INC., MARY STONE, DANIEL CONN, ELAINE
GEDMAN, JOHN FROELICH, HUMAYAN RASHID, M.D., ANGELA NICHOLSON, MSN,
APRN, FNP-C, AMBER DUNCAN, LISA MULLENS, LPN, CASSEY BOLEN, JOHN
PENNINGTON, MA, LPC, NCC, NCSC, KENNADI SMITH, LPN, ASHLEY
VALLANDINGHAM, LPN, BRITTANI MARSHALL, RN, ASHLEY STROUP, LPN, JOHN
AND JANE DOE PRIMECARE AND WEXFORD EMPLOYEES. and TAYLOR BROOKS.
PrimeCare provides comprehensive healthcare services to county
jails, prisons and juvenile detention centers.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=nie4wc at no extra
charge.[CC]
R1 RCM: Certification Discovery in Locke Suit Due June 20
---------------------------------------------------------
In the class action lawsuit captioned as Locke v. R1 RCM, INC., et
al., Case No. 6:23-cv-01904 (D. Or., Filed Dec. 18, 2023), the Hon.
Judge Mustafa T. Kasubhai entered an order adopting the new class
certification discovery deadline of June 20, 2025.
The Court orders the parties to submit Joint Status Reports by the
last day of every month, beginning in February.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
R1 operates as a revenue cycle management company.[CC]
RAINBOW LIGHT: Cole Seeks Equal Website Access for the Blind
------------------------------------------------------------
HARON COLE, on behalf of himself and all others similarly situated
Plaintiff v. Rainbow Light Nutritional Systems, LLC, Defendant,
Case No. 1:25-cv-00873 (N.D. Ill., January 27, 2025) is a civil
rights action against Rainbow Light for their failure to design,
construct, maintain, and operate their website,
https://www.rainbowlight.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act.
According to the complaint, the website contains access barriers
that prevent free and full use by Plaintiff and blind persons using
keyboards and screen-reading software. These barriers are pervasive
and include, but are not limited to: inaccessible drop-down menus,
inaccurate landmark structure, inadequate focus order, he denial of
keyboard access for some interactive elements, lack of alt-text on
graphics, and the requirement that transactions be performed solely
with a mouse.
The Plaintiff seeks a permanent injunction to cause a change in
Rainbow Light's policies, practices, and procedures so that its
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Rainbow Light Nutritional Systems, LLC operates the website which
provides consumers with access to an array of goods and services,
including, the ability to view a variety of vitamins and minerals
for men, women, and kids, focused on different health needs, as
well as prenatal supplements.[BN]
The Plaintiff is represented by:
David Reyes, Esq.
ASHER COHEN LAW PLLC
2377 56th Dr.,
Brooklyn, NY 11234
Telephone: (630)-478-0856
E-mail: dreyes@ashercohenlaw.com
RALPH LAUREN: Filing for Class Cert Bid in Salazar Due Sept. 3
--------------------------------------------------------------
In the class action lawsuit captioned as VIVIAN SALAZAR,
individually and on behalf of all others similarly situated, v.
RALPH LAUREN CORPORATION, a Delaware Corporation; and DOES 1 to 10,
inclusive, Case No. 4:23-cv-06669-HSG (N.D. Cal.), the Parties ask
the Court to enter an order granting the joint stipulation
regarding class certification motion briefing schedule as follows:
Last day to file Mot. Class Certification: Sept. 3, 2025
Last day to file Opposition to Class Sept. 24, 2025
Certification Motion:
Last day to file Reply to Class Oct. 8, 202
Certification Motion:
Ralph Lauren is a global leader in the design, marketing and
distribution of premium lifestyle products.
A copy of the Court's order dated Jan. 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cgmzo6 at no extra
charge.[CC]
The Plaintiff is represented by:
Thiago M. Coelho, Esq.
Chumahan B. Bowen, Esq.
Jennifer M. Leinbach, Esq.
Reuben Aguirre, Esq.
WILSHIRE LAW FIRM, PLC
9701 Wilshire Blvd., 12th Floor
Los Angeles, CA 90212
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
E-mail: thiago@wilshirelawfirm.com
chumahan.bowen@wilshirelawfirm.com
jleinbach@wilshirelawfirm.com
reuben.aguirre@wilshirelawfirm.com
The Defendants are represented by:
Michael J. Chilleen, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
650 Town Center Drive, 10th Floor
Costa Mesa, CA 92626-1993
Telephone: (714) 513-5100
Facsimile: (714) 513-5130
E-mail: mchilleen@sheppardmullin.com
RENTOKIL INITIAL: Naming Birmingham as Lead Plaintiff Sought
------------------------------------------------------------
In the class action lawsuit captioned as LABORERS LOCAL #235
PENSION FUND, on behalf of itself and all others similarly
situated, v. RENTOKIL INITIAL PLC, ANDREW M. RANSOM, STUART M.
INGALL-TOMBS, and BRADLEY S. PAULSEN, Case No.
2:24-cv-02932-MSN-tmp (W.D. Tenn.), the Plaintiff asks the Court to
enter an order:
(1) appointing Birmingham as Lead Plaintiff;
(2) approving its selection of Saxena White P.A. to serve as
Lead Counsel for the Class and Stranch, Jennings & Garvey,
PLLC to serve as Local Counsel for the Class; and
(3) granting any such other and further relief as the Court may
deem just and proper.
In support of this Motion, Birmingham submits the accompanying
Memorandum of Law and the Declaration of J. Gerard Stranch IV and
the exhibits attached thereto, the pleadings and other filings
herein, and such other written or oral argument as may be permitted
by the Court.
A [Proposed] Order is attached hereto.
Rentokil provides fully integrated facilities management and
essential support services to government and commercial sector
organization.
A copy of the Plaintiff's motion dated Jan. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DaCjl5 at no extra
charge.[CC]
The Plaintiff is represented by:
J. Gerard Stranch IV, Esq.
STRANCH, JENNINGS & GARVEY PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
- and -
Marco A. Dueñas, Esq.
SAXENA WHITE P.A.
10 Bank Street, Suite 882
White Plains, NY 10606
Telephone: (914) 437-8551
Facsimile: (888) 216-2220
E-mail: mduenas@saxenawhite.com
ROBINHOOD: Plaintiff Seeks to Certify Class of Customers
--------------------------------------------------------
In the class action lawsuit re Robinhood Order Flow Litigation,
Master File No. 4:20-cv-09328-YGR, Case No. 4:20-cv-09328-YGR (N.D.
Cal.), the Plaintiff will move the Court on May 28, 2025, pursuant
to Rule 23 of the Federal Rules of Civil Procedure and the Private
Securities Litigation Reform Act of 1995, for an Order certifying
the following class:
"All United States customers of Robinhood Financial LLC,
Robinhood Securities, LLC, and/or Robinhood Markets, Inc.
(collectively, "Robinhood") who, between Sept. 1, 2016, and
Sept. 1, 2018, executed one or more equity trades in which
they received price improvement that is inferior, at a
statistically significant level, to the average price
improvement provided by the market or market maker to whom
Robinhood routed their order during the same period, after
accounting for the lack of an industry standard commission of
$5.00."
On March 8, 2024, the Plaintiff filed an extensively documented
motion for class certification.
A copy of the Plaintiff's motion dated Jan. 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=bh20me at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Coulson, Esq.
COULSON P.C.
300 River Place Drive, Suite 1700
Detroit, MI 48207
Telephone: (313) 644-2685
E-mail: nick@coulsonpc.com
- and -
Tina Wolfson, Esq.
Robert Ahdoot, Esq.
Bradley King, Esq.
AHDOOT & WOLFSON, PC
2600 West Olive Avenue, Suite 500
Burbank, CA 91505
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: twolfson@ahdootwolfson.com
rahdoot@ahdootwolfson.com
bking@ahdootwolfson.com
- and -
Scott A. Bursor, Esq.
Sarah N. Westcot, Esq.
Stephen A. Beck, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave, Suite 2100
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 679-9006
E-mail: scott@bursor.com
swestcot@bursor.com
sbeck@bursor.com
ROBINHOOD: Plaintiff Seeks to File Class Cert Under Bid Seal
------------------------------------------------------------
In the class action lawsuit re Robinhood Order Flow Litigation,
Master File No. 4:20-cv-09328-YGR, Case No. 4:20-cv-09328-YGR (N.D.
Cal.), the Plaintiff asks the Court to enter an order granting its
administrative motion to file under seal the unredacted version of
Plaintiff's renewed motion for class certification, and the
supplemental expert report of Michael A. Goldstein, Ph.D.
Because the following documents contain information that has been
designated confidential by the Defendants, the Plaintiff files the
following documents provisionally under seal.
Pursuant to Local Civil Rule 79-5(f)(3), Defendants, as the
designating party, bear the responsibility to establish that the
designated material is sealable.
The Defendant is
A copy of the Plaintiff's motion dated Jan. 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=TivbBg at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Coulson, Esq.
COULSON P.C.
300 River Place Drive, Suite 1700
Detroit, MI 48207
Telephone: (313) 644-2685
E-mail: nick@coulsonpc.com
- and -
Tina Wolfson, Esq.
Robert Ahdoot, Esq.
Bradley King, Esq.
AHDOOT & WOLFSON, PC
2600 West Olive Avenue, Suite 500
Burbank, CA 91505
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: twolfson@ahdootwolfson.com
rahdoot@ahdootwolfson.com
bking@ahdootwolfson.com
- and -
Scott A. Bursor, Esq.
Sarah N. Westcot, Esq.
Stephen A. Beck, Esq.
BURSOR & FISHER, P.A.
701 Brickell Ave, Suite 1420
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 679-9006
E-mail: scott@bursor.com
swestcot@bursor.com
sbeck@bursor.com
ROSE HILLS: Hearing on Class Cert Bid Moved to April 3
------------------------------------------------------
In the class action lawsuit captioned as Manuel Gonzales v. Rose
Hills Company et al., Case No. 2:24-cv-04632-MEMF-AS (C.D. Cal.),
the Hon. Judge Maame Ewusi-Mensah Frimpong entered an order
granting in part the ex parte application to extend class
certification motion deadline.
The Court orders as follows:
1. The hearing date for the Motion is advanced from May 8,
2025, to April 3, 2025;
2. Within 30 days of the Court's decision on the Motion, the
parties are ordered to meet and confer in an attempt to
stipulate to a modified trial schedule as needed, including
class certification-related deadlines, and file a joint
status report accordingly; and
3. All class-certification-related deadlines are currently
vacated.
Through this Ex Parte Application, Plaintiff seeks an extension for
his motion for class certification deadline, reasoning that the
three months between the Court's civil trial order and the Jan. 10,
2025 deadline to file his motion for class certification is
"insufficient time to conduct all the necessary work for
certification."
In light of what was discussed at the Sept. 19, 2024, Scheduling
Conference, the Court grants in part the Ex Parte Application to
the extent that the parties are relieved from their class
certification-related deadlines.
The Defendants removed this action to this Court on June 3, 2024.
On Sept. 19, 2024, the Court held a Scheduling Conference with the
parties.
Rose Hills provides memorial care services.
A copy of the Court's order dated Jan. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=quTniw at no extra
charge.[CC]
RSCR CALIFORNIA: Filing for Class Cert. in Chevalier Due April 11
-----------------------------------------------------------------
In the class action lawsuit captioned as MARSHA L. CHEVALIER, v.
RSCR CALIFORNIA, INC., Case No. 2:24-cv-10061-SB-AJR (C.D. Cal.),
the Hon. Judge Stanley Blumenfeld, Jr. entered an order granting a
45-day extension and amends the deadlines in the Case Management
Order in Delgado as provided in the table below.
Event Proposed Dates
Trial: Dec. 8, 2025
Pretrial Conf.: Nov. 21, 2025
Motion for Class Certification: Apr. 11, 2025
Opposition to Motion for Class Apr. 25, 2025
Certification:
Motion for Class Certification May 30, 2025
Hearing:
Settlement Conf. Deadline: Sept. 12, 2025
The Plaintiffs Marsha Chevalier and Desiray Delgado shall file a
Second Amended Complaint ("SAC") consolidating the claims alleged
by both Plaintiffs in the Delgado Action, no later than Jan. 24,
2025.
The Defendant shall file an Answer to the SAC by no later than Feb.
7, 2025.
RSCR was founded in 2007. The Company's line of business includes
providing employment services.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Z6F0Sm at no extra
charge.[CC]
RSCR CALIFORNIA: Filing for Class Cert. in Delgado Due April 11
---------------------------------------------------------------
In the class action lawsuit captioned as DESIRAY DELGADO, v. RSCR
CALIFORNIA, INC., Case No. 2:24-cv-07988-SB-AJR (C.D. Cal.), the
Hon. Judge Stanley Blumenfeld, Jr. entered an order granting a
45-day extension and amends the deadlines in the Case Management
Order in Delgado as provided in the table below.
Event Proposed Dates
Trial: Dec. 8, 2025
Pretrial Conf.: Nov. 21, 2025
Motion for Class Certification: Apr. 11, 2025
Opposition to Motion for Class Apr. 25, 2025
Certification:
Motion for Class Certification May 30, 2025
Hearing:
Settlement Conf. Deadline: Sept. 12, 2025
The Plaintiffs Marsha Chevalier and Desiray Delgado shall file a
Second Amended Complaint ("SAC") consolidating the claims alleged
by both Plaintiffs in the Delgado Action, no later than Jan. 24,
2025.
The Defendant shall file an Answer to the SAC by no later than Feb.
7, 2025.
RSCR was founded in 2007. The Company's line of business includes
providing employment services.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=0aOGhE at no extra
charge.[CC]
SAMER AWADA: Standing Order in KSL Suit Entered
-----------------------------------------------
In the class action lawsuit captioned as KING SPIDER LLC, v. SAMER
AWADA ET AL, Case No. 2:25-cv-00191-SPG-AJR (C.D. Cal.), the Hon.
Judge Sherilyn Peace Garnett entered a standing order for newly
assigned civil cases:
Counsel for the plaintiff must immediately serve this Order on all
parties, including any new parties to the action. If this case was
removed from state court, the defendant that removed the case must
serve this Order on all other parties.
All discovery matters are referred to the assigned United States
Magistrate Judge. The Magistrate Judge's initials follow the
Judge's initials next to the case number.
Motions must be filed in accordance with Local Rules 6 and 7. Judge
Garnett hears civil motions on Wednesdays beginning at 1:30 p.m.
Pursuant to Fed. R. Civ. P. 78 and Local Rule 7-15, the Court may
deem a matter appropriate for decision without oral argument. If
the Court does so, it will notify the parties before the hearing.
A copy of the Court's order dated Jan. 22, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=jQ16Qt at no extra
charge.[CC]
SANDISK SSDS: Filing for Class Cert Bid Modified to Sept. 16
------------------------------------------------------------
In the class action lawsuit re Sandisk SSDS Litigation, Case No.
3:23-cv-04152 (N.D. Cal., Filed Aug. 15, 2023), the Hon. Judge Rita
F. Lin entered an order granting as modified motion for extension
of time to complete discovery:
-- The close of fact discovery will be April 1, 2025
extended to:
-- With the deadline for substantial Feb. 14, 2025
completion of document production
set for:
-- The Plaintiffs' designation of experts May 12, 2025
will be due by:
-- The Defendants' designation of experts June 17, 2025
will be due by:
-- Rebuttal Reports will be due by: July 21, 2025
-- Expert discovery will be completed by: Aug. 18, 2025
-- Plaintiffs' motion for class Sept. 16, 2025
certification and the parties'
Daubert motions will be due by:
-- The Defendants' opposition to Oc. 28, 2025
Plaintiffs' motion for class
certification and Daubert opposition
briefs will be due by:
-- The Plaintiffs' reply in support of Nov. 18, 2025
its motion for class certification
and Daubert reply briefs will be due
by:
-- The hearing on Plaintiffs' motion for Dec. 9, 2025
class certification and Daubert motions
is set for:
The nature of suit states Diversity-Other Contract.[CC]
SANTANDER CONSUMER: Hanson Seeks to Stay Briefing
-------------------------------------------------
In the class action lawsuit captioned as RANDY HANSON AND JENNIFER
HANSON, v. SANTANDER CONSUMER USA, INC., Case No. 3:22-cv-00623-wmc
(W.D. Wis.), the Plaintiffs ask the Court to enter an order to stay
the briefing in this case, as the same issues and legal arguments
are currently being briefed in Daniel Birge et al v. Simplicity
Credit Union, 2024AP000567 (Wisconsin Court of Appeals) and Amy
Steinberger v. Santander Consumer USA, Inc., 202400022254
(Wisconsin Court of Appeals).
Because the same issues are fully briefed in Birge, a stay on this
case will prevent the waste of unnecessary time by the Court and
parties. The Birge appeal is fully briefed and awaiting a decision,
with the outcome of that decision impacting the ruling on pending
motions. Moreover, undersigned counsel believes the Steinberger
appeal will be fully briefed in the next several months.
Moreover, staying the above captioned matter could save resources.
In the event this Court grants summary judgment and class
certification in favor of Plaintiffs in the above captioned matter
and the Wisconsin Court of Appeals disagrees with Plaintiffs'
arguments in Birge and Steinberger, undersigned counsel will have
wasted significant resources providing class notice in the above
captioned matter. A stay is especially appropriate as Santander is
a party to one of the appeals.
This case was commenced in the Circuit Court for Eau Claire County,
State of Wisconsin, on Oct. 6, 2022. The Defendant removed this
case on Oct. 31, 2022. An answer and affirmative defenses were
filed on Nov. 7, 2022. A pretrial conference was held, and
thereafter a scheduling order entered on Dec. 14, 2022.
Santander Consumer provides automotive financing services.
A copy of the Plaintiffs' motion dated Jan. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CxPAj3 at no extra
charge.[CC]
The Plaintiffs are represented by:
Nathan E. DeLadurantey, Esq.
DELADURANTEY LAW OFFICE, LLC
136 E. Saint Paul Ave.
Waukesha, WI 53188
Telephone: (414) 377-0515
SANTANDER CONSUMER: Parties Seek to Vacate Class Cert Deadlines
---------------------------------------------------------------
In the class action lawsuit captioned as RANDY AND JENNIFER HANSON,
individually and on behalf of a class of others similarly situated,
v. SANTANDER CONSUMER USA, INC., Case No. 3:22-cv-00623-wmc (W.D.
Wis.), the Plaintiffs and the Defendant ask the Court to enter an
order vacating the deadlines and schedule set forth in the Court's
Text Order entered on Jan. 31, 2024.
Further, the parties request that the Court set this matter for a
scheduling conference after it has decided the pending motions, in
the event that the Court decides that some or all of the
Plaintiffs' claims may proceed to trial before this Court.
The parties request that the Court vacate the deadlines and
schedule set forth in the Court's Text Order entered on Jan. 31,
2024, and not set any new deadlines or dates until the Court has
decided the above-referenced motions that remain pending.
The parties' request is based upon the following three reasons.
First, if the Defendant prevails on its Motion for Summary
Judgment, this will result in dismissal of all of the Plaintiffs'
claims.
Second, because the Plaintiffs' Motion for Class Certification has
not yet been decided, the parties do not know if this case will
proceed to trial as a class action, assuming Plaintiffs' claims
survive summary judgment.
Third, since the Court has not yet ruled on the Plaintiffs' Motion
addressing Article III standing, the parties do not know if the
Court will retain jurisdiction of the Plaintiffs' claims. If the
current schedule is not vacated before the Court rules on the
pending motions, the parties will expend a significant amount of
time and resources to comply with the current deadlines, not
knowing if the Plaintiffs' claims will survive summary judgment,
whether the case will proceed as a class action, or whether this
Court will retain jurisdiction.
Santander provides automotive financing services.
A copy of the Parties' motion dated Jan. 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=aZWuIa at no extra
charge.[CC]
The Plaintiffs are represented by:
Robert W. Murphy, Esq.
LAW OFFICE OF ROBERT W. MURPHY
440 Premier Circle, Suite 240
Charlottesville, VA 22901
Telephone: (434)328-3100 / (954)763-8660
Facsimile: (434)328-3101 / (954)763-8607
E-mail: rwmurphy@lawfirmmurphy.com
- and -
Matthew Curtiss Lein, Esq.
LEIN LAW OFFICES, LLP
15692 Highway 63 North
Hayward, WI 54843
Telephone: (715) 634-4273
Facsimile: (715) 634-5051
E-mail: mlein@leinlawoffices.com
- and -
Nathan E. DeLadurantey, Esq.
DELADURANTEY LAW OFFICE, LLC
330 S. Executive Drive, Suite 109
Brookfield, WI 53005
Telephone: (414) 377-0515
The Defendant is represented by:
Robert J. Brener, Esq.
DUANE MORRIS LLP
One Riverfront Plaza
1037 Raymond Boulevard, Suite 1800
Newark, NJ 07102-5429
E-mail: RJBrener@duanemorris.com
- and -
Joseph M. Peltz
Matthew S. Vignali
BECK, CHAET, BAMBERGER & POLSKY, S.C.
330 E. Kilbourn Avenue, Suite 1085
Milwaukee, WI 53202
Telephone: (414) 390-5936
Facsimile: (414) 273-7786
E-mail: jpeltz@bcblaw.net
mvignali@bcblaw.net
SIRIUS XM: Must Oppose Campbell Class Cert Bid by Feb. 26
---------------------------------------------------------
In the class action lawsuit captioned as Campbell, et al., v.
Sirius XM Radio, Inc., Case No. 2:22-cv-02261 (C.D. Ill., Filed
Nov. 29, 2022), the Hon. Judge Colin Stirling Bruce entered an
order setting the following deadlines are set:
-- The deadline for Defendant Sirius Feb.26, 2025
XM to serve its Opposition to
the Plaintiffs' Motion to Certify
Class is:
-- The deadline for Plaintiffs to serve April 30, 2025
their Reply to Sirius XM's Opposition
is:
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
Sirius is an American broadcasting corporation headquartered in
Midtown Manhattan, New York City, that provides satellite radio and
online.[CC]
STAKE CENTER: Class Cert Bid Filing in Holtsclaw Due Feb. 26
------------------------------------------------------------
In the class action lawsuit captioned as Holtsclaw v. Stake Center
Locating, LLC, Case No. 1:24-cv-00490 (D. Colo., Filed Feb. 20,
2024), the Hon. Judge Regina M. Rodriguez entered an order granting
motion to extend deadline to file for class certification by
Magistrate Judge Susan Prose on Jan. 28, 2025.
-- The Plaintiff's Motion for Class Certification is due no later
than Feb. 26, 2025.
The suit alleges violation of the Fair Labor Standards Act
(FLSA)involving minimum wage or overtime compensation.
Stake provides utility locating services for gas, power,
communications, cable, and large fiber optic networks.[CC]
STRATEGIC STAFFING: Class Settlement in Norton Gets Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as PAULA NORTON, v. STRATEGIC
STAFFING SOLUTIONS, L.C., et al., Case No. 3:23-cv-06648-JSC (N.D.
Cal.), the Hon. Judge Jacqueline Scott Corley entered an order
granting preliminary approval of the class action settlement as
follows:
1. This action is provisionally certified as a class action,
for settlement purposes only, pursuant to Federal Rule of
Civil Procedure 23. The Court preliminarily certifies the
following Settlement Classes:
The Non-Exempt Class:
"All non-exempt persons who worked at least one 3.5-hour
shift for Defendants, whether as a direct-hire or agency
employee, in the State of California during the Release
Period.
The Exempt Class:
"All persons who worked at least one 3.5-hour shift for
Defendants in the State of California and were classified as
an exempt employee during the Release Period."
2. The Court appoints Elliot J. Siegel of King & Siegel LLP and
Xavier Villegas of Law Office of Xavier Villegas, APC as
Class Counsel for settlement purposes. Class Counsel is
authorized to act on behalf of the class members with
respect to the Settlement.
3. The Court appoints Paula Norton as Class Representative for
settlement purposes.
4. The Court appoints Apex Class Action LLC as the Settlement
Administrator.
5. Plaintiff shall file copies of the notice and share form
within 10 days of dissemination of notice.
6. Within 21 days of this Order, Plaintiff shall file a motion
for attorneys' fees and costs.
7. Plaintiff shall file a motion for final settlement approval
on March 27, 2025.
8. The Court will hear argument on the motion for attorneys'
fees and costs and the motion for final settlement approval
at the Final Approval Hearing, which will take place in
person on April 24, 2025 at 10:00 a.m.
Strategic is a global IT consulting and business services
corporation that delivers staff augmentation, managed services, and
total workforce management programs.
A copy of the Court's order dated Jan. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rA9Vlw at no extra
charge.[CC]
SUNPATH LTD: Seeks More Time to File Class Cert Response
--------------------------------------------------------
In the class action lawsuit captioned as KURT MORALES II, BRANDON
CALLIER, LUCAS HORTON, individually, and on behalf of all others
similarly situated, v SUNPATH LTD., a Delaware corporation,
NORTHCOAST WARRANTY SERVICES, INC., a Delaware corporation, AMTRUST
NORTH AMERICA, INC., a Delaware corporation, SING FOR SERVICE, LLC,
a Delaware limited liability company, and PELICAN INVESTMENT
HOLDINGS GROUP LLC, a Delaware limited liability company, Case No.
1:20-cv-01376-JLH-SRF (D. Del.), the Parties ask the Court to enter
an order extending the deadline for Defendants to file their
responses to Plaintiffs' motion for class certification through and
including Feb. 7, 2025 and extending any reply on the Motion to
March 21, 2025.
SunPath specializes in the Automotive area.
A copy of the Parties' motion dated Jan. 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=kWqu5d at no extra
charge.[CC]
The Plaintiffs are represented by:
Brian E. Farnan, Esq.
Michael J. Farnan, Esq.
Rosemary J. Piergiovanni, Esq.
FARNAN LLP
919 N. Market St., 12th Floor
Wilmington, DE 19801
Telephone: (302) 777-0300
Facsimile: (302) 777-0301
E-mail: bfarnan@farnanlaw.com
mfarnan@farnanlaw.com
- and -
Thomas A. Zimmerman, Jr., Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Telephone: (312) 440-0020
Facsimile: (312) 440-4180
E-mail: tom@attorneyzim.com
- and -
Mark L. Javitch, Esq.
JAVITCH LAW OFFICE
3 East 3rd Ave. Ste. 200
San Mateo CA 94401
Telephone: (650) 781-8000
Facsimile: (650) 648-0705
E-mail: mark@javitchlawoffice.com
The Defendants are represented by:
Thad J. Bracegirdle, Esq.
Ronald P. Golden, III
BAYARD, P.A.
600 North King Street, Suite 400
Wilmington, DE 19801
Telephone: (302) 429-4262
Facsimile: (302) 658-6395
E-mail: tbracegirdle@bayardlaw.com
rgolden@bayardlaw.com
- and -
Brion B. Doyle, Esq.
Justin A. Allen, Esq.
VARNUM LLP
333 Bridge Street Northwest, Suite 1700
Grand Rapids, MI 49504
Telephone: (616) 336-6000
E-mail: bbdoyle@varnumlaw.com
jaallen@varnumlaw.com
- and -
C. Scott Reese, Esq.
COOCH AND TAYLOR, P.A.
The Nemours Building
1007 N. Orange St., Suite 1120
Wilmington, DE 19801
E-mail: sreese@coochtaylor.com
- and -
Leo J. Hurley, Jr., Esq.
Andrew C. Sayles, Esq.
CONNELL FOLEY LLP
56 Livingston Avenue
Roseland, NJ 07-68
Telephone: (973) 535-0500
E-mail: lhurley@connellfoley.com
Attorneys for Affordable Auto Shield and Pelican Investment
Holdings Group, LLC:
Stephen Dale Dargitz, Esq.
O'HAGAN MEYER
800 North King Street, Plaza No. 1
Wilmington 19801
Telephone: (302) 492-2150
E-mail: SDargitz@ohaganmeyer.com
TELEXELECTRIC LLLP: Bid to Seal Docs OK'd in Cook Suit
------------------------------------------------------
In the class action lawsuit captioned as Cook v. Telexelectric,
LLLP, et al., Case No. 4:14-cv-40154 (D. Mass., Filed Oct. 22,
2014), the Hon. Judge Nathaniel M. Gorton entered an order granting
the Defendants' motion to seal the documents in question
provisionally so as not to delay briefing related to class
certification.
Any documents filed under seal pursuant to the order must be filed
in accordance with the instructions from the Clerk's Office by no
later than Feb. 5, 2025. The Defendants have not identified, or
provided the court with copies of, the documents they seek to file
under seal.
To the extent the Defendants -- or the Plaintiffs -- want these
documents to remain under seal on the docket, they must "explain,
on a document-by-document basis, why sealing is required and how
their request satisfies the applicable legal standard." They must
make such a filing by no later than Feb. 28, 2025. If they do not
make such a filing, the court will unseal the documents.
Mag. Judge Katherine A. Robertson entered in Case No.
1:14-cv-12058-NMG provisionally granting motion to seal filed by
the Defendants Wells Fargo Bank, N.A., Wells Fargo Bank. LLC,
Mauricio Cardenas, Michael Montalvo, and ProPay, Inc.
Counsel will receive an email within 24 hours of the order with
instructions for submitting sealed documents for which leave has
been granted in accordance with the Local Rules of the U.S.
District Court of Massachusetts.
The suit alleges violation of the Racketeering (RICO) Act.
Telexfree, a trade name owned by Telexfree Inc., was a
multibillion-dollar Ponzi scheme disguised as an internet phone
service company.[CC]
TELEXELECTRIC LLLP: Wins Bid to Seal Documents
----------------------------------------------
In the class action lawsuit captioned as Abdelgadir, et al., v.
Telexelectric, L.L.L.P., et al., Case No. 4:15-cv-40028 (D. Mass.,
Filed Feb. 18, 2015), the Hon. Judge Nathaniel M. Gorton entered an
order granting the Defendants' motion to seal the documents in
question provisionally so as not to delay briefing related to class
certification.
Any documents filed under seal pursuant to the order must be filed
in accordance with the instructions from the Clerk's Office by no
later than Feb. 5, 2025. The Defendants have not identified, or
provided the court with copies of, the documents they seek to file
under seal.
To the extent the Defendants -- or the Plaintiffs -- want these
documents to remain under seal on the docket, they must "explain,
on a document-by-document basis, why sealing is required and how
their request satisfies the applicable legal standard." They must
make such a filing by no later than Feb. 28, 2025. If they do not
make such a filing, the court will unseal the documents.
Mag. Judge Katherine A. Robertson entered in Case No.
1:14-cv-12058-NMG provisionally granting motion to seal filed by
the Defendants Wells Fargo Bank, N.A., Wells Fargo Bank. LLC,
Mauricio Cardenas, Michael Montalvo, and ProPay, Inc.
Counsel will receive an email within 24 hours of the order with
instructions for submitting sealed documents for which leave has
been granted in accordance with the Local Rules of the U.S.
District Court of Massachusetts.
The nature of suit states Statutory Actions.
Telexfree, a trade name owned by Telexfree Inc., was a
multibillion-dollar Ponzi scheme disguised as an internet phone
service company.[CC]
TELUS INTERNATIONAL: Artificially Inflated Stock Price, Sarria Says
-------------------------------------------------------------------
JOSE LUIS CERON SARRIA, on behalf of himself and all others
similarly situated, Plaintiff v. TELUS INTERNATIONAL (CDA) INC.,
JEFFREY PURITT, GOPI CHANDE, and VANESSA KANU, Defendants, Case No.
1:25-cv-00889 (S.D.N.Y., January 30, 2025) is a class action
against the Defendants for violations of Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder.
According to the complaint, the Defendants made materially false
and misleading statements regarding Telus International's business,
operations, and prospects in order to trade Telus International
securities at artificially inflated prices between February 16,
2023, and August 1, 2024. Specifically, the Defendants failed to
disclose to investors: (1) the company's Artificial Intelligence
(AI) Data Solutions offerings required the cannibalization of its
higher-margin offerings; (2) that Telus International's declining
profitability was tied to the company's drive to develop AI
capabilities; (3) that Telus International's shift toward AI put
greater pressure on the company's margins than previously
disclosed; and (4) that, as a result of the foregoing, the
Defendants' positive statements about the company's business,
operations, and prospects were materially misleading and/or lacked
a reasonable basis.
When the truth emerged, the company's share price fell $2.33 or
35.96 percent, to close at $4.15 on August 2, 2024, on unusually
heavy trading volume. The stock continued to decline on the next
trading day available, falling $0.83, or 20 percent, to close at
$3.32 on August 5, 2024, on unusually heavy trading volume. As a
result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages.
Telus International (CDA) Inc. is a provider of digital solutions,
with its principal executive offices located in Vancouver, British
Columbia. [BN]
The Plaintiff is represented by:
Rebecca Dawson, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave, Suite 358
New York, NY 10169
Telephone: (213) 521-8007
Facsimile: (212) 884-0988
Email: rdawson@glancylaw.com
- and -
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
- and -
Howard G. Smith, Esq.
LAW OFFICES OF HOWARD G. SMITH
3070 Bristol Pike, Suite 112
Bensalem PA 19020
Telephone: (215) 638-4847
Facsimile: (215) 638-4867
TEMECULA VALLEY: Standing Order Entered in Lauper Class Suit
------------------------------------------------------------
In the class action lawsuit captioned as ABIGAIL LAUPER, v.
TEMECULA VALLEY UNIFIED SCHOOL DISTRICT, et al., Case No.
5:25-cv-00157-AB-SP (C.D. Cal.), the Hon. Judge Andre Birotte Jr.
entered a standing order for civil cases.
The Plaintiff(s) shall promptly serve the Complaint in accordance
with Fed. R. Civ. P. 4 and file the proofs of service pursuant to
Fed R. Civ. P. 4(l).
Any Answers filed in state court must be refiled in this Court as a
supplement to the Notice of Removal. Any pending motions must
be re-noticed in accordance with Local Rule 7. If a removed action
contains a form pleading, i.e., a pleading in which boxes are
checked, the party that filed the form pleading must file in this
Court within 30 days of receipt of the Notice of Removal a revised
pleading that complies with Fed. R. Civ. P. 7, 7.1, 8, 9, 10 and
11.
All discovery matters are referred to the United States
Magistrate Judge assigned to this case. The Magistrate Judge’s
initials follow the District Court Judge's initials next to the
case number.
Temecula Valley is a school district located in the southwestern
portion of Riverside County, California, serving the city of
Temecula and unincorporated parts of nearby Murrieta and French
Valley.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gDcZJK at no extra
charge.[CC]
TENET HEALTHCARE: Filing for Class Cert Bid Due June 15, 2026
-------------------------------------------------------------
In the class action lawsuit captioned as Doe v. Tenet Healthcare
Corporation, Case No. 1:23-cv-12978 (D. Mass., Filed Dec. 6, 2023),
the Hon. Judge Patti B. Saris entered an order re Parties' Second
Amended Joint Statement.
However, the discovery schedule will make this a four-five year
case.
There shall be no more amended complaints.
In two weeks, the parties shall submit a plan for mediation.
-- Fact Discovery due by: Feb. 17, 2026
-- Motion for Class Certification June 15, 2026
due by:
-- Parties Plan for Mediation shall Feb. 7, 2025
be filed on or before:
The nature of suit states Torts -- Personal Injury -- Other
Personal Injury.
Tenet is a for-profit multinational healthcare services company
based in Dallas, Texas.[CC]
TENNESSEE: Bull Seeks to Certify Three Rule 23 Classes
------------------------------------------------------
In the class action lawsuit captioned as ERIN BULL, et al., v.
CLARENCE H. CARTER, in his official capacity as Commissioner of the
Tennessee Department of Human Services, Case No. 3:25-cv-00041
(M.D. Tenn.), the Plaintiff asks the Court to enter an order,
pursuant to Rule 23(a) and 23(b)(2) of the Federal Rules of Civil
Procedure for certification of the following classes.
-- Application Delay Class, consisting of:
"All Tennessee residents who since Dec. 10, 2023 have applied,
are applying, or will apply for SNAP benefits through an
initial or recertification application and who have not or
will not receive an eligibility determination from DHS within
the legally required timeframes."
This definition specifically excludes those whose applications are
voluntarily withdrawn before the processing deadline. Plaintiffs
Tamika Davis and Candace Pegues will represent the Application
Delay Class.
-- Appeal Delay Class, consisting of:
"All Tennessee residents who since Nov. 10, 2023 have filed an
appeal, are filing an appeal, or will file an appeal for SNAP
benefits through DHS's administrative process and have not or
will not receive an eligibility determination within the
legally required timeframes.
This definition specifically excludes those who voluntarily
withdrew an appeal within 60 days of filing an appeal, or who
successfully sought a continuance of a fair hearing scheduled
within 60 days of the filing of an appeal.
The Plaintiffs Erin Bull, Kathryn Colbert, Missaes Desjardins,
Emily Gugliemelli, Trista Hubbard, Rez’hana Maddox, Sheray
Ominyi, and Brandi Tapia will represent the Appeal Delay Class.
-- Restoration of Lost Benefits Class, consisting of:
"All Tennessee residents who since Jan. 10, 2024, and within
one year of an action by DHS adversely affecting their SNAP
benefits, requested or will request restoration of SNAP
benefits from DHS but were or will be denied a hearing because
the request for restoration was or will be made more than 90
days after their loss of benefits.
The Plaintiff Candice Jacques will represent the Restoration of
Lost Benefits Class.
A copy of the Plaintiff's motion dated Jan. 24, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0AcxaS at no extra
charge.[CC]
The Plaintiff is represented by:
Michele Johnson, Esq.
Gordon Bonnyman, Jr., Esq.
Brant Harrell, Esq.
TENNESSEE JUSTICE CENTER
155 Lafayette Street
Nashville, TN 37210
Telephone: (615) 255-0331
Facsimile: (615) 255-0354
E-mail: mjohnson@tnjustice.org
gbonnyman@tnjustice.org
bharrell@tnjustice.org
- and -
E. Desmond Hogan, Esq.
Jennifer Fleury, Esq.
Fleming Farrell, Esq.
Melissa Giangrande Jacobs, Esq.
Katherine Valde, Esq.
Soojin Jeong, Esq.
HOGAN LOVELLS (US)
555 Thirteenth Street, NW
Washington, DC 20004
Telephone: (202) 637-5600
Facsimile: (202) 637-5910
E-mail: desmond.hogan@hoganlovells.com
jennifer.fleury@hoganlovells.com
melissa.giangrande@hoganlovells.com
fleming.farrell@hoganlovells.com
katherine.valde@hoganlovells.com
soojin.jeong@hoganlovells.com
- and -
Whitney C. Cloud, Esq.
Connor Rowinski, Esq.
Allexanderia V. Bingham, Esq.
DLA PIPER (US)
One Liberty Place
1650 Market Street, Suite 5000
Philadelphia, PA 19103
Telephone: (215) 656-3300
E-mail: whitney.cloud@us.dlapiper.com
connor.rowinski@us.dlapiper.com
allexanderia.bingham@us.dlapiper.com
- and -
Sarah Pratter, Esq.
MAZON, INC.
Ventura Blvd, Ste 1100
Sherman Oaks, CA 91403-6621
Telephone: (310) 442-0020
Facsimile: (310) 442-0030
E-mail: spratter@mazon.org
TENNESSEE: Parties Seek More Time to File Class Cert Response
-------------------------------------------------------------
In the class action lawsuit captioned as ERIN BULL, et al, v.
CLARENCE H. CARTER, in his official capacity as Commissioner of the
Tennessee Department of Human Services, Case No. 3:25-cv-00041
(M.D. Tenn.), the Parties ask the Court to enter an order granting
an interim extension until Feb. 10, 2025, of the deadlines for
Commissioner Carter to respond to the Complaint, the motion for a
preliminary injunction, and the motion for class certification.
Good cause exists to grant this motion. It will give the parties
time to attempt to reach an agreement on a comprehensive schedule
and discovery plan for Commissioner Carter's responses to the
Complaint and two pending motions.
The Plaintiffs are a collection of 11 individuals and one entity
who have sued Clarance H. Carter, in his official capacity as
Commissioner of the Tennessee Department of Human Servies.
Commissioner Carter was served on Jan. 13, 2025, and his response
to the Complaint is currently due on Feb. 3, 2025.
The Plaintiffs also moved for a preliminary injunction and class
certification on January 24, 2025, and Commissioner Carter's
responses to those motions are due on Feb. 7, 2025.
Counsel for Commissioner Carter conferred with counsel for
Plaintiffs about extensions of these deadlines by video conference
on January 27 and 29, 2025.
The parties agree that it would be most efficient if they are able
to create a comprehensive proposed joint scheduling and discovery
plan; however, they will likely be unable to do so before the
expiration of the deadlines for Commissioner Carter to file
responses.
A copy of the Parties' motion dated Jan. 29, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xMan6D at no extra
charge.[CC]
The Plaintiffs are represented by:
Michele Johnson, Esq.
Gordon Bonnyman, Jr., Esq.
Brant Harrell, Esq.
TENNESSEE JUSTICE CENTER
155 Lafayette Street
Nashville, TN 37210
Telephone: (615) 255-0331
Facsimile: (615) 255-0354
E-mail: mjohnson@tnjustice.org
gbonnyman@tnjustice.org
bharrell@tnjustice.org
- and -
E. Desmond Hogan, Esq.
Jennifer Fleury, Esq.
Fleming Farrell, Esq.
Melissa Giangrande Jacobs, Esq.
Katherine Valde, Esq.
Soojin Jeong, Esq.
HOGAN LOVELLS (US)
555 Thirteenth Street, NW
Washington, DC 20004
Telephone: (202) 637-5600
Facsimile: (202) 637-5910
E-mail: desmond.hogan@hoganlovells.com
jennifer.fleury@hoganlovells.com
melissa.giangrande@hoganlovells.com
fleming.farrell@hoganlovells.com
katherine.valde@hoganlovells.com
soojin.jeong@hoganlovells.com
- and -
Whitney C. Cloud, Esq.
Connor Rowinski, Esq.
Allexanderia V. Bingham, Esq.
DLA PIPER (US)
One Liberty Place
1650 Market Street, Suite 5000
Philadelphia, PA 19103
Telephone: (215) 656-3300
E-mail: whitney.cloud@us.dlapiper.com
connor.rowinski@us.dlapiper.com
allexanderia.bingham@us.dlapiper.com
- and -
Sarah Pratter, Esq.
MAZON, INC.
Ventura Blvd, Ste 1100
Sherman Oaks, CA 91403-6621
Telephone: (310) 442-0020
Facsimile: (310) 442-0030
E-mail: spratter@mazon.org
The Defendant is represented by:
Miranda Jones, Esq.
Ryan Henry, Esq.
Matt Dowty, Esq.
LAW ENFORCEMENT AND
SPECIAL PROSECUTIONS DIVISION
Nashville, TN 37202-0207
Telephone: (615) 521-0417
Facsimile: (615) 532-3926
E-mail: Miranda.Jones@ag.tn.gov
Ryan.Henry@ag.tn.gov
Matthew.Dowty@ag.tn.gov
TODD BENJAMIN: May 5 Settlement Opt-Out Deadline Set
----------------------------------------------------
Notice of Proposed Class Action Settlement
This notice is to tell you about the Settlement of lawsuits and
claims involving the investment funds managed by TCA Management:
Todd Benjamin International, Ltd., et al. v. Grant Thornton Cayman
Islands, et al.: This proposed class action lawsuit was brought on
behalf of investors who held a beneficial interest in TCA Global
Credit Master Fund L.P. (which includes investors in TCA Global
Credit Fund, L.P. and TCA Global Credit Fund, Ltd.) and lost money.
This lawsuit claimed that Grant Thornton Cayman Islands and Grant
Thornton Ireland (together "Grant Thornton") acted unlawfully in
their role as auditor of the TCA Funds. Grant Thornton denies doing
anything wrong.
Perlman y. Grant Thornton Cayman Islands, et al.: This lawsuit was
brought by Jonathan Perlman, in his capacity as court-appointed
Receiver over TCA Fund Management Group Corp. and TCA Global Credit
Fund GP, Ltd., and TCA Global Credit Fund, LP, TCA Global Credit
Fund, Ltd., TCA Global Credit Master Fund, and TCA Global Lending
Corp. This lawsuit also claimed that Grant Thornton acted
unlawfully in their role as auditor of the TCA Funds. Grant
Thornton denies these claims as well.
The plaintiffs in both of the above suits also made demands against
the Former Officers and Directors of TCA Management. They claimed
that the Former Officers and Directors knowingly inflated the TCA
Funds' net asset value and misled investors. The Former Officers
and Directors deny doing anything wrong.
You may be a member of the group of people affected, called the
"Settlement Class", and you may be entitled to money as part of the
$26,499,125 settlement. If you are a Settlement Class member, this
notice tells you how to get more information about the Settlement.
YOUR OPTIONS IN THIS SETTLEMENT:
Do Nothing - Receive payment if eligible.
Exclude Yourself - Submit an opt out request. Get no payment, keep
the right to sue Grant Thornton or the Former Officers and
Directors about the same issues
Object - Write to the Court about why you don't like the
Settlement.
TO EXCLUDE YOURSELF FROM THE SETTLEMENT:
If you wish to forego these benefits and not participate in the
Settlement, you may exclude yourself. Opt-out requests must be
postmarked to the Receiver by
Monday, May 5, 2025. Please visit www.TCAFundReceivership.com for
more information. ;
JO OBJECT TO THE SETTLEMENT:
Settlement Cass Members: If you are a Settlement Class Member and
wish to object to the proposed Settlement, you may do so by filing
a written objection with the Court in the Class Action Case by
Monday, May 5, 2025. Please visit www.TCAFundReceivership.com for
more information.
All Other Interested Parties: If you wish to object to the proposed
Settlement, you may do so by filing a written objection with the
Court in the SEC Action by Friday,
March 14, 2025. Please visit www.TCAFundRecelvership.com for more
information
For more information, call the Receiver's toll free number
1-833-984-1101 or visit www.TCAFundRecelvership.com
TRANSAMERICA LIFE: Allowed to File Resistance to Class Cert Bid
---------------------------------------------------------------
In the class action lawsuit captioned as BOAGF Holdco LP v.
Transamerica Life Insurance Company, Case No. 1:23-cv-00032 (N.D.
Iowa, Filed May 11, 2023), the Hon. Judge CJ Williams entered an
order granting the Defendant's unopposed motion for leave to file
resistance to the Plaintiffs' motion for class certification under
seal.
The nature of suit states Diversity-Breach of Contract.
Transamerica is an American holding company for life insurance
companies and investment firms operating primarily in the United
States.[CC]
TS INNOVATION: $29.75MM Class Settlement to be Heard on March 27
----------------------------------------------------------------
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN RE TS INNOVATION ACQUISITIONS SPONSOR, L.L.C.
STOCKHOLDER LITIGATION
CONSOLIDATED
C.A. NO. 2023-0509-LWW
SUMMARY NOTICE OF PENDENCY AND PROPOSED
SETTLEMENT OF STOCKHOLDER CLASS ACTION,
SETTLEMENT HEARING, AND RIGHT TO APPEAR
TO: All record and beneficial holders of Eligible Shares, whether
held as separate shares of Common Stock or as part of Public Units,
who held such shares between the close of business on May 11, 2021
(the "Record Date") and June 4, 2021 (the "Closing") (the "Class
Period"), and their successors in interest, but excluding (i) (a)
Defendants; (b) members of the immediate family of any Individual
Defendant; (c) any person who was a manager or managing member of
any TS Defendant during the Class Period and any members of their
immediate family; (d) any parent, subsidiary, or affiliate of a TS
Defendant; (e) any entity in which any Defendant or any other
excluded person or entity has, or had during the Class Period, a
controlling interest; and (f) the legal representatives, agents,
affiliates, heirs, estates, successors, or assigns of any such
excluded persons or entities; and (ii) (a) the Company; and (b) any
person who was an officer or director of the Company during the
Class Period and any members of their immediate family. For the
avoidance of doubt, the Settlement Class does not include holders
of TSIA securities other than Common Stock, including warrants (the
"Settlement Class").
PLEASE READ THIS SUMMARY NOTICE CAREFULLY. YOUR RIGHTS WILL BE
AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of
Chancery of the State of Delaware (the "Court"), that the
above-captioned stockholder class action (the "Action") is pending
in the Court.
YOU ARE ALSO NOTIFIED that plaintiffs Robert Garfield, Phanindra
Kilari, and Subash Subramanian (collectively the "Plaintiffs"), on
behalf of themselves and the Settlement Class; (ii) defendants
Robert J. Speyer, Paul A. Galiano, Jenny Wong, Joshua Kazam,
Jennifer Rubio, Ned Segal, Michelangelo Volpi, and Jerry I. Speyer
(collectively, the "Individual Defendants") and TS Innovation
Acquisitions Sponsor, L.L.C., Tishman Speyer Properties, L.P., and
Tishman Speyer Properties, Inc., (the "TS Defendants" and together
with the Individual Defendants, the "Defendants"); and (iii)
non-party Latch, Inc. (the "Company" and together with Plaintiffs
and Defendants, the "Parties") have reached a proposed settlement
of the Action for $29,750,000 in cash (the "Settlement Amount") as
set forth in the Stipulation (the "Settlement"), a copy of which is
available at latchstockholdersettlement.com. The Settlement, if
approved by the Court, will resolve all claims in the Action.
A hearing (the "Settlement Hearing") will be held on March 27, 2025
at 11:00 a.m., before The Honorable Lori W. Will, Vice Chancellor,
either in person at the Court of Chancery of the State of Delaware,
Leonard L. Williams Justice Center, 500 North King Street,
Wilmington, Delaware, 19801, or remotely by telephone or
videoconference (in the discretion of the Court), to, among other
things: (i) determine whether to finally certify the Settlement
Class for settlement purposes only, pursuant to Court of Chancery
Rules 23(a), 23(b)(1), and 23(b)(2); (ii) determine whether
Plaintiffs and Plaintiffs' Counsel have adequately represented the
Settlement Class, and whether Plaintiffs should be finally
appointed as Settlement Class representatives for the Settlement
Class and Plaintiffs' Counsel should be finally appointed as
Settlement Class counsel for the Settlement Class; (iii) determine
whether the proposed Settlement should be approved as fair,
reasonable, and adequate to the Settlement Class and in the best
interests of the Settlement Class; (iv) determine whether the
Action should be dismissed with prejudice and the Releases provided
under the Stipulation should be granted; (v) determine whether the
Order and Final Judgment approving the Settlement should be
entered; (vi) determine whether the proposed Plan of Allocation of
the Net Settlement Fund is fair and reasonable, and should
therefore be approved; (vii) determine whether and in what amount
any Fee and Expense Award should be paid to Plaintiffs' Counsel out
of the Settlement Fund; (viii) hear and rule on any objections to
the Settlement, the proposed Plan of Allocation, and/or Plaintiffs'
Counsel's application for a Fee and Expense Award; and (ix)
consider any other matters that may properly be brought before the
Court in connection with the Settlement. Any updates regarding the
Settlement Hearing, including any changes to the date or time of
the hearing or updates regarding in-person or remote appearances at
the hearing, will be posted to the Settlement website,
www.latchstockholdersettlement.com.
If you are a member of the Settlement Class, your rights will be
affected by the pending Action and the Settlement, and you may be
entitled to share in the Net Settlement Fund. If you have not yet
received the Notice, you may obtain a copy of the Notice by
contacting the Settlement Administrator at TSIA Stockholders
Litigation, c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, WI
53217, 866-217-4469, info@latchstockholdersettlement.com. A copy
of the Notice can also be downloaded from the Settlement website,
www.latchstockholdersettlement.com.
If the Settlement is approved by the Court and the Effective Date
occurs, the Net Settlement Fund will be distributed on a pro rata
basis to Eligible Settlement Class Members in accordance with the
terms of the proposed Plan of Allocation stated in the Notice or
such other plan of allocation as is approved by the Court.
Pursuant to the proposed Plan of Allocation, each Eligible
Settlement Class Member will be eligible to receive a pro rata
payment from the Net Settlement Fund equal to the product of (a)
the Net Settlement Fund; and (b) a fraction, the numerator of which
is the number of Eligible Shares held by the Eligible Settlement
Class Member, and the denominator of which is a number representing
the total number of Eligible Shares. As explained in further
detail in the Notice at Paragraphs 33-41, Eligible Settlement Class
Members do not have to submit a claim form to receive a payment
from the Settlement.
Any objections to the Settlement, the proposed Plan of Allocation,
or Plaintiffs' Counsel's application for the Fee and Expense Award
must be filed with the Register in Chancery in the Court of
Chancery of the State of Delaware and delivered to Plaintiffs'
Counsel, Defendants' Counsel, and Company Counsel such that they
are received no later than March 12, 2025, in accordance with the
instructions set forth in the Notice.
Please do not contact the Court or the Office of the Register in
Chancery regarding this Summary Notice. All questions about this
Summary Notice, the Settlement, or your eligibility to participate
in the Settlement should be directed to the Settlement
Administrator or Plaintiffs' Counsel.
Requests for the Notice should be made to the Settlement
Administrator:
Latch Stockholders Litigation
c/o A.B. Data, Ltd.
P.O. Box 170500
Milwaukee, WI 53217
Telephone: 866-217-4469
Email: info@latchstockholdersettlement.com
Website: www.latchstockholdersettlement.com
Inquiries, other than requests for the Notice, should be made to
Plaintiff's Counsel:
Christine M. Mackintosh, Esq.
Grant & Eisenhofer P.A.
123 Justison Street
Wilmington, DE 19801
Telephone: (302) 622-7000
Email: cmackintosh@gelaw.com
Kaja S. Elmer
Fishman Haygood, L.L.P.
201 St. Charles Avenue, Suite 4600
New Orleans, LA 70170
Telephone: (504) 586-5252
Email: kelmer@fishmanhaygood.com
Lawrence P. Eagel
Bragar Eagel & Squire, P.C.
810 7th Avenue, Suite 620
New York, NY 10019
Telephone: (212) 308-5858
Email: eagel@bespc.com
BY ORDER OF THE COURT OF
CHANCERY OF THE STATE OF
DELAWARE:
Dated: January 24, 2025
UNION PACIFIC: Class Certification Discovery in Black Due June 25
-----------------------------------------------------------------
In the class action lawsuit captioned as FAYE BLACK and JEANNINE
TOLSON, individually and on behalf of all others similarly
situated, v. UNION PACIFIC RAILROAD COMPANY, Case No.
6:23-cv-01218-EFM-ADM (D. Kan.), the Hon. Judge Angel Mitchell
entered a second amended class certification stage scheduling order
as follows:
Event Deadline/Setting
Physical and mental examinations completed: March 10, 2025
Jointly filed mediation notice: March 17, 2025
Plaintiffs' disclosure of class experts and April 11, 2025
production of reliance materials:
Defendant's disclosure of class experts and May 16, 2025
production of reliance materials:
Class certification discovery completed: June 25, 2025
Motions for class certification: July 30, 2025
For summary judgment on issues: Sept. 15, 2025
Relate to class certification: Oct. 3, 2025*
and to exclude class certification
experts:
All other provisions of the original and first amended Class
Certification Stage Scheduling Orders remain in effect. The
schedule adopted in this Second Amended Class Certification
Stage Scheduling Order shall not be modified except by leave of
court upon a showing of good cause.
The court again cautions the parties—as it did in the amended
scheduling order—that it will be highly disinclined to grant any
further extensions of these deadlines.
The plaintiffs' motion to amend the scheduling order is granted in
part and denied in part.
Union Pacific provides railroad transportation, freight shipping,
logistics, and rail safety services.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cXZVmp at no extra
charge.[CC]
UNION PACIFIC: Seeks Partial Dismissal of Barkmeier Suit
--------------------------------------------------------
In the class action lawsuit captioned as LEONARD BARKMEIER, v.
UNION PACIFIC RAILROAD COMPANY, Case No. 8:24-cv-00490-RFR-JMD (D.
Neb.), the Defendant asks the Court to enter an order granting its
motion to dismiss the Complaint in part with prejudice and granting
any further relief the Court deems appropriate.
Union Pacific claims it is entitled to dismissal because Barkmeier
fails to state a claim for relief under the ADA based upon either
an "actual" disability or a "record of" a disability.
Further, Barkmeier's failure to accommodate claim should be
dismissed because he has no actual disability to be accommodated
and because he did not file an EEOC charge within 300 days of the
alleged failure to accommodate.
A copy of the Defendant's motion dated Jan. 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=x1IFIR at no extra
charge.[CC]
The Defendant is represented by:
Scott P. Moore, Esq.
Mark J. Goldsmith, Esq.
Jimmie L. Pinkham III, Esq.
BAIRD HOLM LLP
1700 Farnam St. Ste. 1500
Omaha, NE 68102-2068
Telephone: 402-344-0500
E-mail: spmoore@bairdholm.com
mgoldsmith@bairdholm.com
jpinkham@bairdholm.com
UNITED FREEWAY: Standing Order Entered in Morones Class Suit
------------------------------------------------------------
In the class action lawsuit captioned as RUBEN MORONES, v. UNITED
FREEWAY TRANSPORTATION L.L.C., Case No. 5:25-cv-00068-JGB-SP (C.D.
Cal.), the Hon. Judge Jesus Bernal entered a standing order as
follows:
Service of the Complaint
The Plaintiff shall serve the Complaint promptly in accordance with
Fed. R. Civ. P. 4 and file the proofs of service pursuant to L.R.
5−3.1.
Removed Actions
Any answers filed in state court must be re−filed in this Court
(separately) as a supplement to the petition. Any pending motions
must be re−noticed in accordance with L.R. 6−1.
Assignment to a Magistrate Judge
Under 28 U.S.C. section 636, the parties may consent to have a
Magistrate Judge preside over all proceedings. The Magistrate
Judges who accept those designations are identified on the Central
District's website, which also contains the consent form.
Motions -- General Requirements
Motions shall be filed and set for hearing in accordance with L.R.
6−1. Motions will be heard on Mondays commencing at 9:00 a.m. Any
motion noticed for a holiday shall automatically be set to the next
Monday without further notice to the parties.
Class Actions
Not withstanding Local Rule 23−3, the deadline for the filing of
a motion for class certification will be set during the Scheduling
Conference and/or in a Scheduling Order.
United specializes in delivering cars and other vehicles for
automotive dealers, auctions, commercial clients, and car owners.
A copy of the Court's order dated Jan. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gLzLoW at no extra
charge.[CC]
UNITED PARKS: Class Cert Bid Filing in Eastman Due May 9
--------------------------------------------------------
In the class action lawsuit captioned as TATIANA EASTMAN, v. UNITED
PARKS AND RESORTS, INC., Case No. 6:24-cv-01534-PGB-DCI (M.D.
Fla.), the Hon. Judge Paul Byron entered an amended case management
and scheduling order as follows:
Deadline for serving Class Action Expert
Reports:
Plaintiff: March 14, 2025
Defendant: April 10, 2025
Deadline for completing class certification May 1, 2025
Discovery:
Deadline for Motion for Class Certification: May 9, 2025
Deadline for Response to Motion for Class June 9, 2025
Certification:
Deadline for Reply to Response to Motion June 30, 2025
for Class Certification:
Disclosure of Expert Reports:
Plaintiff: Sept. 2, 2025
Defendant: Oct. 6, 2025
Final Pretrial Conference Date: April 21, 2026
United Parks is an American theme park and entertainment company.
A copy of the Court's order dated Jan. 23, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qeMiVN at no extra
charge.[CC]
UNITED STATES: Lewis Seeks to Certify Class of Parolees
-------------------------------------------------------
In the class action lawsuit captioned as CHARLES LEWIS, et al., v.
UNITED STATES PAROLE COMMISSION, et al., Case No. 1:22-cv-02182-RCL
(D.D.C.), the Plaintiffs ask the Court to enter an order certifying
a class as to all claims in this action, defined as follows:
"People on parole for D.C. Code offenses who are overdue and
owed, or will be overdue and owed, either termination of
parole or a termination hearing as required by law."
The Plaintiffs further move this Court to certify Charles Lewis,
Anthony Mack, Carlton Paige, and Darin Hagins as class
representatives, and to appoint Hanna Perry and Zoé Friedland from
the Public Defender Service for the District of Columbia as class
counsel.
The Plaintiffs also move for summary judgment pursuant to Federal
Rule of Civil Procedure 56. Defendants do not dispute their duty to
terminate parole or provide termination hearings prescribed by law.
The undisputed facts make clear that the Defendants fail to comply
with this duty, and warrant judgment as a matter of law on
Plaintiffs' Administrative Procedure Act and mandamus claims.
The Plaintiffs contend that the Court should enter an injunction
requiring Defendants to create and implement a system for timely
terminating parole and providing termination hearings, and to
ensure compliance the Court should require the Commission to
conduct trainings and provide monthly progress reports for a period
of five years.
United States Parole Commission is the parole board responsible for
granting or denying parole to, and supervising the parole releases
of, incarcerated individuals.
A copy of the Plaintiffs' motion dated Jan. 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=S5di3R at no extra
charge.[CC]
The Plaintiffs are represented by:
Zoe Friedland, Esq.
Hanna Perry, Esq.
PUBLIC DEFENDER SERVICE
FOR THE DISTRICT OF COLUMBIA
633 3rd St. N.W.
Washington, DC 20001
Telephone: (202) 824-2524
UNITED WATER: Settlement Class in Knott Suit Wins Certification
---------------------------------------------------------------
In the class action lawsuit captioned as AARON KNOTT, V. UNITED
WATER SYSTEM, INC., ET AL., Case No. 6:23-cv-00401-DCJ-DJA (W.D.
La.), the Hon. Judge David Joseph entered an order that:
1. The following Class is certified for settlement purposes
only pursuant to FRCP 23(a) and FRCP 23(b)(3):
"All natural persons who are residential property owners
(including members of their household) and lessees of
residential property (including members of their household)
who at any time between Feb. 16, 2013, and the present
are/were United Water System account holders and received
their water supply from United Water System, Inc. and, as a
result of receiving water from United Water System, Inc.
between Feb. 16, 2013, and the present, have any of the
following claims: mental and emotional distress; non-
reimbursed personal expenses; nuisance, annoyance,
discomfort, and inconvenience; civil trespass; fear of
bodily injury, fear of contracting disease, fear of
increased risk of contracting disease; personal property
damage/loss as it relates to clothes and/or linens,
diminution in value of clothes and/or linens, out of pocket
expenses, including but not limited to expenses for
purchasing bottled water/ice, purchase of water/ice
dispensers, expenses of installing water filtration systems
and related maintenance and filter replacement costs or need
for same in the future; loss of use and enjoyment of real
property, homes and leased property(ies)."
2. The Settlement between the Parties as reflected in a
Settlement Agreement dated Jan. 8, 2025 attached to the
Joint Motion for Preliminary Approval as Exhibit A is
preliminarily approved as fair, reasonable and adequate,
entered into in good faith and without collusion, and within
the range for possible judicial approval and the Agreement
and the Settlement set forth therein shall be submitted to
the Class for consideration at a fairness hearing upon the
Parties' filling of a Joint Motion for Final Approval of
Settlement.
3. Gary Russo is appointed to serve as Claims Administrator to
be assisted by EisnerAmper and Eisner Advisory Group, LLC.
United Water originated in 1971 as a non-profit water treatment and
distribution corporation.
A copy of the Court's order dated Jan. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7fXciu at no extra
charge.[CC]
US BANCORP: Bid for Conditional Class Cert. in Mora Due Feb. 28
---------------------------------------------------------------
In the class action lawsuit captioned as Mora v. U.S. Bancorp., et
al., Case No. 0:24-cv-04112 (D. Minn., Filed Nov. 4, 2024), the
Hon. Judge Nancy E. Brasel entered an order as follows:
-- The Plaintiff's motion for conditional class certification
shall be due February 28, 2025.
-- The proposed order shall be directed to the Magistrate Judge.
-- The Defendants' response shall be due March 31, 2025.
-- The Plaintiff's reply shall be due April 14, 2025.
-- The parties shall submit an amended Rule 26(f) Report within
fourteen days after the Court issues a ruling on the
conditional class certification motion.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
USB is a diversified financial services company that offers retail
and commercial banking, private banking, and wealth management
solutions.[CC]
W.D. WRIGHT: Faces Rivera Wage-and-Hour Suit in M.D. Pa.
--------------------------------------------------------
JOCEYLN RIVERA, JOHNATHEN JONES, and RYAN HARRIS, on behalf of
themselves and all others similarly situated, Plaintiffs v. W.D.
WRIGHT CONTRACTING, LLC f/k/a W.D. WRIGHT CONTRACTING, INC., and
WRIGHT OF PENNSYLVANIA, LLC, Defendants, Case No. 3:25-cv-00183-KM
(M.D. Pa., January 30, 2025) is a class action against the
Defendants for violations of the Fair Labor Standards Act, the
Pennsylvania Minimum Wage Act of 1968, and the Pennsylvania Wage
Payment and Collection Law including failure to pay overtime wages,
failure to pay minimum wages, and unjust enrichment.
The Plaintiffs worked for the Defendants as flaggers, crew lead,
and drivers at any time between 2019 and the present.
W.D. Wright Contracting, LLC, formerly known as W.D. Wright
Contracting, Inc., is a traffic safety solutions company based in
Beaver, Pennsylvania.
Wright of Pennsylvania, LLC is a traffic safety solutions company
based in Beaver Falls, Pennsylvania. [BN]
The Plaintiffs are represented by:
Peter C. Wood, Jr., Esq.
MOBILIO WOOD
900 Rutter Ave., Box 24
Forty Fort, PA 18704
Telephone: (570) 234-0442
Facsimile: (570) 266-5402
Email: peter@mobiliowood.com
- and -
Alex Pisarevsky, Esq.
COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP
Park 80 West-Plaza One
250 Pehle Avenue, Suite 401
Saddle Brook, NJ 07663
Telephone: (201) 845-9600
Facsimile: (201) 845-9423
Email: ap@njlawfirm.com
WASTE CONNECTIONS: Bid to Deny Class Cert. in Pinnacle Tossed
-------------------------------------------------------------
In the class action lawsuit captioned as Pinnacle Waste Services
LLC v. Waste Connections US Inc., et al., Case No. 7:21-cv-02600
(D.S.C., Filed Aug. 13, 2021), the Hon. Judge Jacquelyn D. Austin
entered an order denying the Defendants' motion to deny class
certification.
Under Rule 23(c)(1)(A), a court must determine whether to certify
an action as a class action "[a]t an early practicable time after a
person sues or is sued as a class representative."
In this case, the Court concludes that this is not a practicable
time to decide whether a class may be certified because, having
reviewed the briefs and record in light of the standards set forth
in Rule 23, the Court believes that further discovery is needed to
determine whether class certification, as the class has been
defined by Plaintiffs, will be the proper mechanism for resolving
the issues in dispute.
The Defendants' motion is therefore denied without prejudice to
their right to advance the same or similar arguments against
certification after the conclusion of discovery.
The nature of suit states diversity -- other contract.
The Defendant is full-service solid waste collection provider.[CC]
WEBMD LLC: Can File Documents Under Seal
----------------------------------------
In the class action lawsuit captioned as LINDA M. JANCIK,
individually and on behalf of all others similarly situated, v.
WEBMD, LLC, Case No. 1:22-cv-00644-TWT (N.D. Ga.), the Hon. Judge
Thomas Thrash, Jr. entered an order granting the Defendant's
administrative motion for leave to file documents under seal.
The Defendant has moved, under Rule 7 of the Federal Rules of Civil
Procedure and Part II(J)(2) of Appendix H to the Local Rules, to
seal Exhibits U, V, and W to the Declaration of Paul A. Rosenthal
in support of Defendant WebMD’s Sur-Reply in Opposition to
Plaintiff’s Motion for Class Certification (“Sur-Reply”) as
well as portions of the Sur-Reply that reference the above-listed
Exhibits or commercially sensitive and proprietary information.
These statements are part of the record that has been previously
sealed by this Court in connection with the Parties’ briefing on
the Motion for Class Certification.
The specific portions that WebMD seeks to seal are identified with
yellow highlighting in the unredacted copies of the brief submitted
to the Court.
WebMD provides a full-service Internet healthcare portal.
A copy of the Court's order dated Jan. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EWWth8 at no extra
charge.[CC]
WELLS FARGO: Class Cert Bid Filing in Morris Suit Due Sept. 11
--------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY MORRIS, v. WELLS
FARGO & COMPANY, et al., Case No. 4:23-cv-03277-HSG (N.D. Cal.),
the Hon. Judge Haywood Gilliam, Jr. entered an order setting the
following deadlines pursuant to Federal Rule of Civil Procedure 16
and Civil Local Rule 16-10:
Event Deadline
Amendment of pleadings/ joinder: Apr. 1, 2025
Close of fact discovery: Aug. 11, 2025
Deadline for Plaintiff's motion for class Sept. 11, 2025
certification, and for disclosures and
reports of any experts Plaintiff intends
to rely on at class certification:
Deadline for Defendants' opposition to a Nov. 5, 2025
motion for class certification; for
Defendants' disclosures and reports of any
experts Defendants intend to rely on at
class certification; and for any motion by
Defendants to limit or exclude Plaintiff's
class certification expert testimony based
on Daubert or any other basis:
Deadline for Plaintiff's reply in support Dec. 5, 2025
of a motion for class certification;
deadline for Plaintiff to challenge
Defendants' class certification expert
testimony based on Daubert or any other
basis:
Hearing on motion for class certification: Dec. 18, 2025,
at 2:00 p.m.
Wells Fargo is an American multinational financial services
company.
A copy of the Court's order dated Jan. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WvHk5B at no extra
charge.[CC]
WELLS FARGO: Settlement in Aguilar Suit Gets Initial Nod
--------------------------------------------------------
In the class action lawsuit captioned as AGUILAR AUTO REPAIR, INC.
and CENTRAL COAST TOBACCO CO., LLC, individually and on behalf all
others similarly situated, v. WELLS FARGO BANK, N.A., PRIORITY
TECHNOLOGY HOLDINGS, INC., PRIORITY PAYMENT SYSTEMS, LLC and THE
CREDIT WHOLESALE COMPANY, INC., Case No. 3:23-cv-06265-LJC (N.D.
Cal.), the Hon. Judge Lisa Cisneros entered an order granting
plaintiffs' motion for certification of settlement class and
preliminary approval of class action settlement:
The Court preliminarily approves the Settlement Agreement in its
entirety subject to the Final Approval Hearing and certain
modifications to the Notice and Long Form Notice, certifies the
Settlement Class, appoints Settlement Class Counsel and Settlement
Class Representatives, and approves the Notice plan.
For purposes of settlement only, the Court certifies the following
Settlement Class pursuant to Rule 23(b)(3) of the Federal Rules of
Civil Procedure:
"All businesses or individuals who received a telephone call
from The Credit Wholesale Company, Inc. on a telephone in
California between Oct. 22, 2014 and Nov. 17, 2023."
Final Approval Hearing shall be held before this Court on May 20,
2025 at 10:30 am.
On or before Feb. 14, 2025, the Settlement Administrator shall mail
the Notice and Claim Form to Settlement Class members covered by
the settlement in accordance with the Settlement Agreement.
On or before May 13, 2025, the Plaintiffs shall file their motion
for final approval of the settlement. The Plaintiffs shall include
in their motion a list of all Settlement Class Members who elected
to opt-out of the settlement.
Wells Fargo offers online and mobile banking, home mortgage, loans
and credit, investment and retirement, wealth management, and
insurance services.
A copy of the Court's order dated Jan. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eurngC at no extra
charge.[CC]
WESTLAKE SERVICES: Class Settlement in Nguyen Gets Final Nod
------------------------------------------------------------
In the class action lawsuit captioned as Mary Nguyen v. Westlake
Services Holding Company, et al., Case No. 8:23-cv-00854-FWS-ADS
(C.D. Cal.), the Hon. Judge Fred Slaughter entered an order
granting the motion for final approval of class action settlement
and granting in substantial part motion for attorney fees,
expenses, and a case contribution award.
Specifically, the Fee Motion is granted in all respects except that
the court reduces the class representative compensation award to
the Plaintiff to $12,500 and calculates the fee award by applying
the percentage fee award after deducting litigation and
administration costs from the common fund, for a total fee award of
$396,699.03.
In sum, after analyzing the Rule 23(e)(2) factors, and taking into
consideration the factors the Ninth Circuit has provided to guide
the court’s Rule 23(e)(2) analysis, the court concludes that the
Settlement is fair, reasonable, and adequate.
The Plaintiff seeks to certify the following class:
"All Plan participants whose employment with Westlake or any
of its affiliates terminated between January 1, 2019, and
March 31, 2020, with account balances greater than $5,000 in
the Plan, and the beneficiaries of such participants (as
applicable)."
The Plaintiff brings claims against the Defendants under the
Employee Retirement Income Security Act ("ERISA") relating to
Defendants' alleged "failure to pay benefits under the terms of the
Plan, failure to follow the terms of the Plan, and/or abuse of
their discretion in the management of the Plan and the
interpretation of the Plan."
Under the Settlement, Defendants agree to establish a common fund
of a Gross Settlement Amount of $1,250,000 to resolve Plaintiff’s
claims, including all claims for attorney fees and costs, as well
as payment of class representative compensation and the costs of
administering the Settlement.
Westlake offers auto finance, equity loans, and other financial
products.
A copy of the Court's order dated Jan. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=I64NXo at no extra
charge.[CC]
WOODBURY WELLNESS: Desoto Suit Seeks to Certify FLSA Collective
---------------------------------------------------------------
In the class action lawsuit captioned as TERESA DESOTO,
individually and on behalf of all others similarly situated, v.
WOODBURY WELLNESS CENTER, INC., Case No. 7:24-cv-00464-BO-RN
(E.D.N.C.), the Plaintiff asks the Court to:
A. Enter the Parties' submitted Stipulation conditionally
certifying the FLSA Collective defined as:
"All hourly, non-exempt Woodbury Wellness employees who
received an automatic meal period deduction at any time
during the past 3 years";
B. Approve Plaintiff's proposed forms, including notice to
putative collective members (Appendix 1), consent to join
(Appendix 2), email notification (Appendix 3), and text
message (Appendix 4);
C. Approve the proposed method of distribution including
mailing and emailing;
D. Allow for an opt-in period of 60 days, to begin on the date
on which the proposed Notice and Consent Forms are mailed,
in which collective members may submit Consents to join this
lawsuit as opt-in plaintiffs;
E. Allow Plaintiff to mail and email a second, identical copy
of the Notice and Consent Form to the Putative Collective
Members reminding them of the deadline for the submission of
the Consent forms 30 days from mailing of Notice and Consent
Forms to Potential Collective Members.
Desoto alleges the Defendant implemented an automatic meal period
deduction policy, and failed to pay overtime for hours worked over
40 in a workweek by its hourly, non-exempt workers in violation of
the FLSA.
On Oct. 29, 2024, the parties filed a Joint Stipulation Regarding
FLSA Collective Certification (ECF No. 16) as well as a Joint
Motion Requesting Stay of Litigation to Permit the Parties to
Participate in Non-Binding Mediation (ECF No. 17). On January 8,
the Court entered an Order granting the Joint Motion Requesting
Stay (ECF No. 18). The Court has not yet signed the Stipulation.
Woodbury Wellness is a senior living facility that provides memory
care.
A copy of the Plaintiff's motion dated Jan. 23, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wu5OVK at no extra
charge.[CC]
The Plaintiff is represented by:
Carl A. Fitz, Esq.
FITZ LAW PLLC
3730 Kirby Drive, Ste. 1200
Houston, TX 77098
Telephone: (713) 766-4000
E-mail: carl@fitz.legal
- and -
Bert J. Miano, Esq.
MIANO LAW
1213 West Morehead Street
Fifth Floor, Unit #99
Telephone: (704) 275-7199
Facsimile: (704) 630-7199
E-mail: bmiano@mianolaw.com
ZIROZI INC: Parties Must Exchange Witness Reports by March 20
-------------------------------------------------------------
In the class action lawsuit captioned as Gaikowski v. Zirozi, Inc.,
Case No. 2:24-cv-14281 (S.D. Fla., Filed Aug. 29, 2024) , the Hon.
Judge Aileen M. Cannon entered an order granting joint motion for
extension of time for certain discovery deadlines:
On or before Jan. 31, 2025, the Defendant shall respond to
Plaintiff's discovery requests as specified in the Joint Motion.
On or before March 20, 2025, the parties shall exchange expert
witness reports and summaries on the issue of class certification.
On or before April 3, 2025, the parties shall exchange rebuttal
expert witness reports and summaries on the issue of class
certification.
No other deadlines or instructions in the Court's Scheduling Order
are affected by these extensions.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).[CC]
*********
S U B S C R I P T I O N I N F O R M A T I O N
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