/raid1/www/Hosts/bankrupt/CAR_Public/250313.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 13, 2025, Vol. 27, No. 52
Headlines
1285 ROYALE: Esquivel Class Action Referred to Magistrate Judge
455 HOSPITALITY: Class Settlement in Ocampo Suit Gets Initial Nod
AEGIS MEDIA: Settlement Class Gets Certification in Kennedy Suit
AMERICAN AIRLINES: Parties Seeks More Time to File Class Cert Bid
AMERICAN HONDA: Class Cert Bid Filing Amended to Jan. 30, 2026
APPLE COMMUTER: Court Withdraws Class Cert Bid
ARAMARK UNIFORM: Class Cert Bid Filing in Brown Suit Due Sept. 5
ARAMARK UNIFORM: Class Cert Bid Filing in Fernandez Due Sept. 5
ARCHAEA ENERGY: Redding Suit Removed to E.D. California
ARIZONA BEVERAGES: Class Cert Filing in Iglesias Amended to May 30
BARCEL USA: Faces Hill Suit Over Popcorn Snacks' Deceptive Labels
BELL COUNTY, KY: Fact Discovery in Hale Suit Due June 30
BIOGEN INC: Fitzgerald Files Suit in Tex. Dist. Ct.
BLUE CROSS: Filing for Class Cert Bid in Wollenberg Due August 11
BOEING COMPANY: Allowed Leave to Submit Sur-Reply Brief
BROOKHAVEN BOROUGH: Plaintiffs Must File Class Cert by August 15
BT'S ON THE RIVER: Cruz Sues Over Unpaid Wages and Retained Tips
CAPITAL ONE: Bid to Dismiss Jensen Class Action Tossed
CASINO QUEEN: Class Settlement in Hensiek Suit Gets Final Nod
CASSAVA SCIENCES: Class Cert. Bid Tossed w/o Prejudice
CENTRAL HATZALAH: Doe Files Suit in N.D. Illinois
CERTEGY PAYMENT: Seeks to Strike Woodward's Declaration
CHARTER COMM: Pretrial Schedule & Trial Order Entered in Garcia
CITY OF MOSS POINT: Kilgore Files Suit in S.D. Mississippi
CLARK ATLANTA: Visually Impaired Can't Access Website, Herrera Says
CLASSPASS USA LLC: Gonzalez Files Suit in C.D. California
COMMERCIAL SPECIALTY: Silveira Sues Over Unprotected Personal Data
CRAWLEY PETROLEUM: D & N Farms Seeks Class Certification
CSX TRANSPORTATION: Bell Suit Transferred to S.D. Georgia
DENCO CONST'N: Class Cert Bid Referred to Magistrate Judge
DOGPOUND FITNESS: Blind Can't Access Online Store, Fernandez Claims
DOUG COLLINS: Court Dismisses Burton Class Action
DRIFTWOOD HEALTHCARE: Meneses Suit Removed to C.D. California
DYLAN MACALINAO: Class Cert. Hearing in Duffy Suit Set for Oct. 27
DZS INC: Jason Hawke Appointed as Lead Plaintiff
EIDP INC: PFAS Chemicals Contaminate Private Property, Ryan Says
ER CARPENTER: Filing for Class Cert. Bid in Marrow Due May 15
EVERCARE LLC: Mislabels Apple Cider Vinegar Capsules, Suit Says
FCA US: Bids to Compel Arbitration Granted in Fisher Suit
FCA US: Pending Motions in Clayton Tossed w/o Prejudice
FIRST CHATHAM BANK: Fort Files Suit in Ga. Super. Ct.
FIRST SHIELD SECURITY: Lewis Files Suit in Cal. Super. Ct.
FISK INDUSTRIES: Fagnani Sues Over Blind's Equal Access to Website
FOX CORPORATION: Montagna Files Suit in Cal. Super. Ct.
FRESENIUS VASCULAR: Class Settlement in Graveley Gets Initial Nod
GARCIAS' TACO: Fails to Pay Overtime Under FLSA, NYLL, Paredes Says
GARDNER MANUFACTURING: Nelson Sues Over Unpaid Overtime Wages
GARNET HEALTH: Filing for Class Cert Bid in Gay Suit Due July 3
GENERAL MOTORS: Court Narrows Claims in Ulrich Suit
GRAND AMERICA: Descanzo Suit Seeks to Certify Class & Subclass
GRAND ISLE: Bid to Seal Docs in Cagara Class Suit OK'd
GREENSKY INC: Bid to Exclude Williams Report Tossed
GROWER'S SOLUTION: Fails to Pay Proper Wages, Romelyn Says
GT OF PALM BEACH: Svonkin Files Suit in C.D. California
HECLA MINING: Dismissed of Securities Suit Under Appeal
HENRY MAYO: Fails to Pay OT Wages Under FLSA, McNabb Alleges
HERSHEY COMPANY: Seeks More Time to File Class Cert Response
HP INC: Class Settlement in Carvalho Suit Gets Initial Nod
HPC INDUSTRIAL: Filing for Class Cert Bid Due March 23, 2026
HUMMUS FIT: Web Site Not Accessible to the Blind, Wee-Ellis Says
IGENOMIX USA: Faces M.M. Suit Over Mislabeled PGT-A Testing
IGLOO PRODUCTS: Cooler Products Lack Hazard Warnings, Trainor Says
IMPORT GLOBAL: Expert Discovery Deadline in Ronin Due Dec. 4
INNA CHERN: Faces Fernandez Suit Over Blind-Inaccessible Website
INTER-CON SECURITY: Fails to Pay Proper Wages, Robinson Alleges
IRAN: Final Judgment on Nantz's Claims Entered
J. DOERER: Judge Recommends Class Cert Denial
J.A.M. ENTERPRISES: Battle Files Suit in N.D. Illinois
JAMES KOUTOULAS: Sheeler Seeks to Disqualify Class Reps
JB HUNT: Case Management Order Entered in Duran Class Suit
JOHN STEWART COMPANY: Schwartz Files Suit in Cal. Super. Ct.
JOHNSON & JOHNSON: NJ Court Pushes Mediation in Consumer Suit
JOHNSON CONTROLS: Counsel Must Confer Novin Effect in Halfter
JOHNSON CONTROLS: Counsel Must Confer on Novin Effect in Pagano
KNOX COUNTY, IL: Filing for Class Cert Bid in Hans Due May 21
KOLD TRANS: Bid for Class Cert. Continued to April 24
KONICA MINOLTA: Cezus Must File Class Cert Bid by April 30
LA ESPERANZA ENTERPRISES: Faces Hernandez Suit in Calif. Super.
LABORATORY CORPORATION: Cruz Suit Removed to C.D. California
LANGUAGE LINE: Class Settlement in Oliveira Suit Gets Final Nod
LINCARE INC: Court Certifies Two Classes in Morris Lawsuit
LMM RAINBOW: Faces Sambula Suit Over Unpaid Minimum, OT Wages
LOS ANGELES PRODUCE: Faces Coast Citrus Suit Over PACA Trust Assets
LOVE TENDER: Stewart Sues to Recover Unpaid Minimum, Overtime Wages
LOYA CASUALTY: Marroquin Plaintiffs Seeks to Strike Docket 41
MAEV INC: Tucker Seeks Equal Website Access for Blind Users
MARAVAI LIFESCIENCES: Faces Nelson Suit Over Share Price Drop
MATANUSKA-SUSITNA: Court Certifies Student Subclass in Land Suit
MATTRESS FIRM: Hernandez Sues Over Online Store's Access Barriers
MDL 2599: Plaintiffs' Bid for Class Certification Partly OK'd
MDL 2873: Exposes Firefighters to Harmful Chemicals, Rocha Says
MDL 2873: Faces Kwiek Suit Over Exposure to Toxic Chemicals
MDL 2873: Hammond Seeks Damages From Exposure to Aqueous Foams
MDL 2873: Hawfield Seeks Damages From Exposure to Aqueous Foams
MDL 2873: Mueller Says Illness Caused by Toxic Chemical Exposure
MVHS INC: Gaetano Files ERISA Class Suit
MYRTLE BEACH, SC: Daniel Suit Removed to D. South Carolina
NATURE'S TRUTH: Smith Sues Over Misleading Dietary Supplement Ads
NEUTRON HOLDINGS: Faces Mullen Suit in Calif. Super.
NORTH AMERICAN: Fails to Secure Personal Info, Pilavian Says
NOSTRAND II MEAT: Failed to Pay OT Wages, Matute Suit Alleges
NOURES FOOD: Fails to Pay OT Wages, Matute Class Suit Alleges
PARK AVENUE: Website Inaccessible to the Blind, Williams Says
POWERSCHOOL HOLDINGS: Fails to Secure Personal Info, Suit Says
RANDOLPH-MACON COLLEGE: Senior Balks at Blind-Inaccessible Website
ROYAL-TL INC: Web Site Not Accessible to the Blind, Jones Says
S.E.A. WAVE: Cantwell Seeks Equal Website Access for the Blind
SCANPAN USA: Web Site Not Accessible to the Blind, Fernandez Says
SIMPLILEARN AMERICAS: Korn Sues Over Disclosed App Users' Info
SIX CONTINENTS: Records Phone Calls Without Consent, Kauffman Says
STAKE CENTER: Holtsclaw Seeks More Time to File Class Cert Bid
TRACTOR SUPPLY: Fails to Pay Proper Wages, Schofield Alleges
TRAJECTOR INC: Wilson Files Suit in Fla. Over TCPA Violations
UNILEVER UNITED: No Artificial Flavor Ads "False," Gibson Alleges
UNITED SERVICES: Settles 2021 Data Breach Suit for $3.25 Million
WESTECH SYSTEMS: Rocha Sues for Labor Law Violation in Calif.
YES COMMUNITIES: Fails to Prevent Data Breach, Wilkins Alleges
ZENITH AMERICAN: Fails to Prevent Data Breach, Wylie Alleges
*********
1285 ROYALE: Esquivel Class Action Referred to Magistrate Judge
---------------------------------------------------------------
In the class action lawsuit captioned as DAVID ESQUIVEL on behalf
of himself, FLSA Collective Plaintiffs, and the class, v. 1285
ROYALE GOURMET DELI AND GROCERY CORP. d/b/a ROYALE GOURMET DELI,
YAHYA ALZINDANI, and JOHN DOES 1-5, Case No. 1:25-cv-01534-RA-BCM
(S.D.N.Y.), the Hon. Judge Ronnie Abrams entered an order referring
action to Magistrate Judge Moses for the following purpose:
-- General Pretrial (includes scheduling, discovery,
non-dispositive pretrial motions, and settlement).
-- Specific Non-Dispositive Motion/Dispute: Class certification
(if any).
Royal Gourmet is a place serving old home favorites such as
borscht, smoked meats and hearty earth vegetable dishes.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fj6F1y at no extra
charge.[CC]
455 HOSPITALITY: Class Settlement in Ocampo Suit Gets Initial Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as Carlos Ocampo,
individually and on behalf of all others similarly situated, v. 455
Hospitality LLC, et al., Case No. 7:14-cv-09614-VR (S.D.N.Y.), the
Hon. Judge Victoria Reznik entered an order granting preliminary
approval of class and class action settlement:
Under Rule 23(e) of the Federal Rules of Civil Procedure, the Court
provisionally certifies, for settlement purposes only (and for no
other purpose and with no other effect upon this or any action,
including no effect upon this action should the Settlement
Agreement not ultimately be approved), the following Rule 23 class:
"the Named Plaintiffs, Opt-In Plaintiffs, and all individuals
employed at the Doubletree by Hilton Hotel located at 455 S.
Broadway, Tarrytown, New York 10591 at any time from De. 4,
2008, until March 18, 2016, who held a nonexempt position
within the Food and Beverage Department of the Housekeeping
Department including positions as banquet server,
waiter/waitress, host/hostess, dishwasher, sous chef, cook,
room service attendant, dining room attendant, banquet
houseman, housekeeper, room attendant, and housekeeping
houseman (the "Class").
For settlement purposes only, this Court appoints Smith, Buss &
Jacobs, LLP, and Vincent Volino, PLLC, as Class Counsel because
they meet all the requirements under Federal Rule of Civil
Procedure 23(g).
For settlement purposes only, this Court appoints Robert N. Lang,
C.P.A., as the Claims Administrator for this Class Action.
The Court will conduct a hearing under Rule 23(e)(2) of the Federal
Rules of Civil Procedure on May 12, 2025.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=luu6sW at no extra
charge.[CC]
AEGIS MEDIA: Settlement Class Gets Certification in Kennedy Suit
----------------------------------------------------------------
In the class action lawsuit captioned as STACEY PARKS KENNEDY,
ANGELA BOZELL and BRITTNEY WILLIAMS, individually and on behalf of
all others similarly situated, v. AEGIS MEDIA AMERICAS, INC., BOARD
OF DIRECTORS OF AEGIS MEDIA AMERICAS, INC., THE BENEFITSPLUS 401(K)
PROFIT SHARING PLAN COMMITTEE, and JOHN DOES 1-30, Case No.
1:20-cv-03624-MMG (S.D.N.Y.), the Hon. Judge Margaret Garnett
entered an order as follows:
1. The Court previously certified a class in this Action class
on Aug. 17, 2023, and appointed class representatives and
class counsel. The Court modified the previously certified
Class Period in its Preliminary Approval Order and finally
approves the Settlement Class. Accordingly, for purposes of
Settlement, and pursuant to Rules 23(a) and (b)(1) of the
Federal Rules of Civil Procedure, the "Settlement Class"
shall be defined as:
"All persons, except Defendants and their immediate family
members, who were participants in or beneficiaries of the
Benefits Plus 401(k) Profit Sharing Plan at any time during
the Period May 8, 2014 through August 29, 2024, and any
Alternate Payee of a Person subject to a QDRO who
participated in the Plan at any time during the Class
Period."
2. The Court appoints Named Plaintiffs Stacey Parks Kennedy,
Angela Bozell and Brittney Williams as Class Representatives
for the Settlement Class and Capozzi Adler, P.C., as Class
Counsel for the Settlement Class.
Aegis Media is a marketing and advertising agency based in Santa
Monica, California.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wa82hA at no extra
charge.[CC]
AMERICAN AIRLINES: Parties Seeks More Time to File Class Cert Bid
-----------------------------------------------------------------
In the class action lawsuit captioned as SANTRISE WHITE,
individually and on behalf of all others similarly situated, v.
AMERICAN AIRLINES, INC., Case No. 4:24-cv-00935-O (N.D. Tex.), the
Parties ask the Court to enter an order granting this joint
emergency motion and extending the deadline for the motion for
class certification by 61 days to Monday, May 12, 2025.
Good cause exists to briefly extend the class certification motion
filing deadline by 61-days to allow the Parties time to complete
necessary discovery and prepare comprehensive briefing for the
Court.
Pursuant to the Court's Oct. 30, 2024 Scheduling Order, the current
deadline for the Plaintiff's motion is March 12, 2025. This is the
Parties' first request for an extension.
American Airlines is a major airline in the United States.
A copy of the Parties' motion dated Feb. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=YwpJr8 at no extra
charge.[CC]
The Plaintiff is represented by:
Brian P. Sanford, Esq.
Elizabeth "BB" Sanford, Esq.
Yusuf Buttar, Esq.
Karla Connell, Esq.
THE SANFORD FIRM
1910 Pacific Ave., Suite 15400
Dallas, TX 75201
Telephone: (214) 717-6653
Facsimile: (214) 919-0113
E-mail: bsanford@sanfordfirm.com
esanford@sanfordfirm.com
ybuttar@sanfordfirm.com
kconnell@sanfordfirm.com
- and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
Lauren Braddy, Esq.
ANDERSON ALEXANDER, PLLC
101 N. Shoreline Blvd., Ste. 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
lauren@a2xlaw.com
The Defendant is represented by:
Russell D. Cawyer, Esq.
Lanie N. Bennett, Esq.
KELLY HART & HALLMAN LLP
201 Main Street, Suite 2500
Fort Worth, TX 76102
Telephone: (817) 332-2500
Facsimile: (817) 335-2820
E-mail: russell.cawyer@kellyhart.com
lanie.bnnett@kellyhart.com
- and -
Mark W. Robertson, Esq.
Kelly S. Wood, Esq.
O'MELVENY & MYERS LLP
1301 Avenue of the Americas, Suite 1700
New York, NY 10019
Telephone: (212) 326-2000
E-mail: mrobertson@omm.com
kwood@omm.com
AMERICAN HONDA: Class Cert Bid Filing Amended to Jan. 30, 2026
--------------------------------------------------------------
In the class action lawsuit captioned as SHAVONNE GEDDIS-WRIGHT,
C/A No. 5:24-cv-04886-MGL individually and on behalf of all others
similarly situated, v. AMERICAN HONDA MOTOR COMPANY, INC., Case No.
5:24-cv-04886-MGL (D.S.C.), the Hon. Judge Mary Geiger Lewis
entered a consent amended scheduling order as follows:
1. No later than March 31, 2025, the required initial
disclosures under Fed.R.Civ.P. 26(a)(1) shall be made.
2. Motions to join other parties and amend the pleadings
(Fed.R.Civ.P.16(b)(3)(A)) shall be filed no later than March
31, 2025.
3. The Plaintiff(s) shall file any motions for class
certification no later than Jan. 30, 2026.
4. The Plaintiff(s) shall file and serve a document identifying
by full name, address, and telephone number each person whom
the Plaintiff(s) expects to call as an expert at trial and
certifying that a written report prepared and signed by the
expert including all information required by Fed. R. Civ. P.
26(a)(2)(B) has been disclosed to other parties by Jan. 30,
2026.
5. Discovery shall be completed no later than March 30, 2026.
6. Motions in limine must be filed no later than July 20, 2026.
7. Mediation shall be completed in this case on or before
Aug. 3, 2026.
8. No later than Aug. 10, 2026, the parties shall file and
exchange Fed.R.Civ.P. 26(a)(3) pretrial disclosures.
American Honda is the North American subsidiary of Japanese Honda
Motor Company.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OwFDvP at no extra
charge.[CC]
APPLE COMMUTER: Court Withdraws Class Cert Bid
----------------------------------------------
In the class action lawsuit captioned as KAKHA ABULADZE, et al., v.
APPLE COMMUTER INC., et al, Case No. 1:22-cv-08684-MMG-RFT
(S.D.N.Y.), the Hon. Judge entered an order granting motion to
withdraw motion to certify class.
Apple Commuter is a transportation service provider.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dt32mr at no extra
charge.[CC]
The Plaintiffs are represented by:
Vano Haroutunian, Esq.
BALLON STOLL P.C.
810 Seventh Avenue, Suite 405
New York, NY 10019
Telephone (212) 575-7900
Facsimile (212) 764-5060
E-mail: vharoutunian@ballonstoll.com
ARAMARK UNIFORM: Class Cert Bid Filing in Brown Suit Due Sept. 5
----------------------------------------------------------------
In the class action lawsuit captioned as ANTOINETTE FERNANDEZ;
individually and on behalf of all others similarly situated, v.
ARAMARK UNIFORM & CAREER APPAREL, LLC, a limited liability company;
and DOES 1 through 10, inclusive, Case No. 2:24-cv-06238-CAS-PD
(C.D. Cal.), the Hon. Judge Christina Snyder entered an order
continuing class certification hearing and briefing schedule:
1) That the hearing on Plaintiffs' joint motion for class
certification and all associated hearings and deadlines be
continued by 6 months such that:
2) The Plaintiffs' deadline to file a joint class certification
motion be Sept. 5, 2025;
3) The Defendant's deadline to file an opposition to
Plaintiffs' joint class certification motion be Oct. 27,
2025;
4) The Plaintiffs' deadline to file a reply be Nov. 10, 2025;
5) The hearing on the Plaintiffs' joint motion for class
certification shall be noticed and calendared for Nov. 24,
2025, at 10:00 a.m.; and
6) The Further Status Conference re: Settlement and Further
Scheduling Conference is continued from June 16, 2025, to
Dec. 15, 2025, at 11:00 a.m. by Zoom. Zoom Webinar
Information can be found on the Court’s Website, under
Judge
Snyder's Procedures and Schedules. A Joint Status Report
shall be filed on or before Dec. 8, 2025.
Aramark Uniform is a supplier of rental uniforms and workplace
supplies.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4MUWWe at no extra
charge.[CC]
The Plaintiff is represented by:
Kane Moon, Esq.
Lilit Ter-Astvatsatryan, Esq.
Michael Citrin, Esq.
MOON LAW GROUP, PC
725 S. Figueroa St., Suite 3100
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: Kmoon@moonlawgroup.com
Lilit@moonlawgroup.com
Mcitrin@moonlawgroup.com
The Defendant is represented by:
Eric Meckley, Esq.
Sarah Zenewicz, Esq.
MORGAN, LEWIS & BOCKIUS LLP
Spear Street Tower
San Francisco, CA 94105-1596
Telephone: (415) 442-1000
Facsimile: (415) 442-1001
E-mail: eric.meckley@morganlewis.com
sarah.zenewicz@morganlewis.com
grace.johnson@morganlewis.com
ARAMARK UNIFORM: Class Cert Bid Filing in Fernandez Due Sept. 5
---------------------------------------------------------------
In the class action lawsuit captioned as ANTOINETTE FERNANDEZ;
individually and on behalf of all others similarly situated, v.
ARAMARK UNIFORM & CAREER APPAREL, LLC, a limited liability company;
and DOES 1 through 10, inclusive, Case No. 2:24-cv-05513-CAS-PD
(C.D. Cal.), the Hon. Judge Christina Snyder entered an order
continuing class certification hearing and briefing schedule:
1) That the hearing on Plaintiffs' joint motion for class
certification and all associated hearings and deadlines be
continued by 6 months such that:
2) The Plaintiffs' deadline to file a joint class certification
motion be Sept. 5, 2025;
3) The Defendant's deadline to file an opposition to
Plaintiffs' joint class certification motion be Oct. 27,
2025;
4) The Plaintiffs' deadline to file a reply be Nov. 10, 2025;
5) The hearing on the Plaintiffs' joint motion for class
certification shall be noticed and calendared for Nov. 24,
2025, at 10:00 a.m.; and
6) The Further Status Conference re: Settlement and Further
Scheduling Conference is continued from June 16, 2025, to
Dec. 15, 2025, at 11:00 a.m. by Zoom. Zoom Webinar
Information can be found on the Court’s Website, under
Judge
Snyder's Procedures and Schedules. A Joint Status Report
shall be filed on or before Dec. 8, 2025.
Aramark is a supplier of rental uniforms and workplace supplies.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8IKTx3 at no extra
charge.[CC]
The Plaintiff is represented by:
Kane Moon, Esq.
Lilit Ter-Astvatsatryan, Esq.
Michael Citrin, Esq.
MOON LAW GROUP, PC
725 S. Figueroa St., Suite 3100
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: Kmoon@moonlawgroup.com
Lilit@moonlawgroup.com
Mcitrin@moonlawgroup.com
The Defendant is represented by:
Eric Meckley, Esq.
Sarah Zenewicz, Esq.
MORGAN, LEWIS & BOCKIUS LLP
Spear Street Tower
San Francisco, CA 94105-1596
Telephone: (415) 442-1000
Facsimile: (415) 442-1001
E-mail: eric.meckley@morganlewis.com
sarah.zenewicz@morganlewis.com
grace.johnson@morganlewis.com
ARCHAEA ENERGY: Redding Suit Removed to E.D. California
-------------------------------------------------------
The case captioned as Michael Redding, on behalf of himself and all
others similarly situated v. ARCHAEA ENERGY SERVICES, LLC, a
limited liability company; BP AMERICA INC., a Delaware corporation;
and DOES 1 through 100 inclusive, Case No. MCV093673 was removed
from the Superior Court of the State of California, County of
Madera, to the U.S. District Court for the Eastern District of
California on Feb. 27, 2025, and assigned Case No.
1:25-cv-00254-JLT-SKO.
The Plaintiff's Complaint asserts causes of action for: Failure to
Pay Overtime Wages under California Labor Code; FLSA Violations;
Wage Statement Violations under California Labor Code; Waiting Time
Penalties under California Labor Code; and Unfair Competition under
California Business and Professions Code.[BN]
The Defendants are represented by:
Katie E. Briscoe, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, 30th Fl
Sacramento, CA 95814-4497
Phone: +1 916 447 9200
Facsimile: +1 916 329 4900
Email: kbriscoe@orrick.com
- and -
Miranda Rowley, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Phone: +1 415 773 5700
Facsimile: +1 415 773 5759
Email: mrowley@orrick.com
ARIZONA BEVERAGES: Class Cert Filing in Iglesias Amended to May 30
------------------------------------------------------------------
In the class action lawsuit captioned as THOMAS IGLESIAS,
individually and on behalf of all others similarly situated, v.
ARIZONA BEVERAGES USA, LLC, Case No. 4:22-cv-09108-JSW (N.D. Cal.),
the Hon. Judge Jeffrey White entered an amended case management
scheduling order as follows:
Event Current Date Proposed Date
Deadline to File Motion for Mar. 24, 2025 May 30, 2025
Class Certification:
Deadline to Oppose Motion for June 2, 2025 Aug. 15, 2025
Class Certification:
Deadline to File Reply on July 28, 2025 Oct. 10, 2025
Motion for Class Certification:
Deadline to Complete Deposition May 13, 2025 Aug. 15, 2025
of Plaintiff's Experts Regarding
Class Certification:
Deadline to Complete Deposition July 14, 2025 Oct 10, 2025
of Defendant's Experts
Regarding Class Certification:
On June 5, 2023, the Court set the initial case deadlines. The
Court subsequently modified these deadlines based on the parties’
joint stipulations on Fe. 2, 2024.
Arizona Beverages is a producer of many flavors of iced tea, juice
cocktails, and energy drinks.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=970d5H at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Bahar Sodaify, Esq.
Alan Gudino, Esq.
Samuel M. Gagnon, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
agudino@clarksonlawfirm.com
sgagnon@clarksonlawfirm.com
The Defendant is represented by:
Jason H. Wilson, Esq.
Kirby Hsu, Esq.
WILLENKEN LLP
707 Wilshire Blvd., Suite 3850
Los Angeles, CA 90017
Telephone: (213) 955-9240
Facsimile: (213) 955-9250
E-mail: jwilson@willenken.com
khsu@willenken.com
- and -
Robert P. Donovan, Esq.
Shirley D. Moreno, Esq.
Nicholas P. Eliades, Esq.
Nicholas H. Pennington, Esq.
Matthew C. Brunelli, Esq.
STEVENS & LEE
669 River Drive, Suite 201
Elmwood Park, NJ 07407
Telephone: (201) 857-6778
Facsimile: (610) 371-7938
E-mail: robert.donovan@stevenslee.com
shirley.moreno@stevenslee.com
nicholas.eliades@stevenslee.com
nicholas.pennington@stevenslee.com
matthew.brunelli@stevenslee.com
BARCEL USA: Faces Hill Suit Over Popcorn Snacks' Deceptive Labels
-----------------------------------------------------------------
KENDALL HILL, individually and on behalf of all others similarly
situated, Plaintiff v. BARCEL USA, LLC, Defendant, Case No.
2:25-cv-00669-CSK (E.D. Cal., February 26, 2025) is a class action
against the Defendant for violations of California's Consumers
Legal Remedies Act and California's Unfair Competition Law and for
breach of express warranty.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of Popcornopolis
"Nearly Naked" popcorn snacks in White Cheddar and Jalapeno Lime
flavors. According to the complaint, the Defendant advertises and
labels the products as "No Artificial Ingredients." However, this
representation is false because the products contain the artificial
ingredients "Citric Acid" and "Maltodextrin." Had the Plaintiff and
similarly situated consumers known the truth, they would not have
purchased the products or would have paid less for them, says the
suit.
Barcel USA, LLC is a food company with its principal place of
business in Texas. [BN]
The Plaintiff is represented by:
Craig W. Straub, Esq.
Michael T. Houchin, Esq.
Kurt D. Kessler, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Email: craig@crosnerlegal.com
mhouchin@crosnerlegal.com
kurt@crosnerlegal.com
BELL COUNTY, KY: Fact Discovery in Hale Suit Due June 30
--------------------------------------------------------
In the class action lawsuit captioned as MELVIN HALE, v. BELL
COUNTY FISCAL COURT, et al., Case No. 6:24-cv-00086-REW-HAI (E.D.
Ky.), the Hon. Judge Hanly Ingram entered an order granting a joint
motion proposing recommended deadlines for all class-related steps.
1. All written fact discovery related to class certification
shall be completed by June 30, 2025. All fact witness
depositions related to class certification shall be
completed by July 30, 2025.
2. Per Rule 26(a)(2), no later than July 30, 2025, the
Plaintiffs shall disclose the identity of expert witnesses
pertaining to class certification issues, accompanied by
written reports signed by the Rule 26(a)(2)(B) expert
witnesses and/or written summaries consistent with Rule
26(a)(2)(C), as applicable, all in compliance with the rule.
These disclosures need not be filed in the Court record. No
later than Sept. 30, 2025, the Defendant shall provide the
same.
3. The Defendants shall depose Plaintiff's expert witnesses on
class certification by Sept. 30, 2025. The Plaintiff shall
do the same on or before Nov. 21, 2025.
4. No later than Dec. 1, 2025, the Plaintiff shall file any
motion for class certification. No later than Dec. 31, 2025,
the Defendants shall file any response in opposition to
class certification. No later than Jan. 16, 2026, the
Plaintiff shall file their reply in support of class
certification.
5. The Court orders that a telephonic status conference shall
Occur on Friday, May 16, 2025, at 11:30 am. The call will be
held over Microsoft Teams and the phone number and
conference ID will be provided closer to the date of the
meeting.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=IvYNNx at no extra
charge.[CC]
BIOGEN INC: Fitzgerald Files Suit in Tex. Dist. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Biogen, Inc. The case
is styled as Nicole Fitzgerald, Individually and on Behalf of those
Similarly Situated v. Biogen Inc., Case No. 202513243 (Tex. Dist.
Ct., Harris Cty., Feb. 26, 2025).
The case type is stated as "Other Employment."
Biogen -- https://www.biogen.com/ -- is a leading global
biotechnology company that pioneers science and drives innovations
for complex and devastating diseases.[BN]
BLUE CROSS: Filing for Class Cert Bid in Wollenberg Due August 11
-----------------------------------------------------------------
In the class action lawsuit captioned as JANAE WOLLENBERG; SHELLY
INGRAM; and RACHEL WHETSTONE, individually and on behalf of other
members of the putative class, v. BLUE CROSS AND BLUE SHIELD OF
KANSAS, INC., Case No. 5:23-cv-04029-TC-TJJ (D. Kan.), the Hon.
Judge Teresa James entered an amended phase I scheduling order:
Event New Deadline/Setting
Mediation completed: July 11, 2025
Defendant's notice of all affirmative March 31, 2025
defenses:
Phase I discovery completed: June 20, 2025
Plaintiffs' class certification motion: Aug. 11, 2025
Defendant's class certification opposition: 45 days after
motion for class
certification
Plaintiffs' class certification reply: 21 days after
opposition to
motion for class
certification
This Amended Scheduling Order will not be modified except by leave
of court upon a showing of good cause. IT IS SO ORDERED.
Blue Cross offers healthcare, dental, life insurance and Medicare
coverage.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=x7wtaC at no extra
charge.[CC]
BOEING COMPANY: Allowed Leave to Submit Sur-Reply Brief
-------------------------------------------------------
In the class action lawsuit re Boeing Company Securities
Litigation, Case No. 1:24-cv-00151-LMB-LRV (E.D. Va.), the Hon.
Judge Leonie Brinkema entered an order granting the Defendants'
motion for leave to submit a sur-reply brief and sur-rebuttal
report from Dr. Rene Stulz.
The Court further entered an order that on or before March 3,2025,
the Defendants may file
(i) a sur-reply brief not to exceed ten pages in further
opposition to Plaintiffs' motion for class certification,
and
(ii) a sur-rebuttal report from the Defendants' economic expert
Dr. Rene Stulz not to exceed ten pages.
Boeing is an American multinational corporation that designs,
manufactures, and sells airplanes, rotorcraft, rockets, satellites,
and missiles worldwide.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PiRg3y at no extra
charge.[CC]
BROOKHAVEN BOROUGH: Plaintiffs Must File Class Cert by August 15
----------------------------------------------------------------
In the class action lawsuit captioned as ARMAND BRADLEY,
individually and on behalf of all others similarly situated, v.
BROOKHAVEN BOROUGH, Case No. 2:25-cv-00155-TJS (E.D. Pa.), the Hon.
Judge Timothy Savage entered a scheduling order as follows:
1. All fact and expert discovery relating to class
certification shall be completed by July 15, 2025.
2. The Plaintiffs shall file their motion for class
certification no later than Aug. 15, 2025.
3. The Defendants' responses to the Plaintiffs' motion for
class certification shall be filed no later than Sept. 5,
2025.
4. The Plaintiffs shall file their reply to the Defendant's
response no later than Sept. 15, 2025.
5. Oral argument on the Plaintiff's motion for class
certification shall be heard on Monday, Oct. 13, at 10:00
a.m., in Courtroom 9A.
Brookhaven is a borough in Delaware County.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=x5X90r at no extra
charge.[CC]
BT'S ON THE RIVER: Cruz Sues Over Unpaid Wages and Retained Tips
----------------------------------------------------------------
Jazmin Cruz, Charlene Miller, Kanesha Robinson and Rebecca
Williams, on behalf of themselves and others similarly situated v.
BT'S ON THE RIVER, LLC d/b/a BOOBY TRAP ON THE RIVER, a Florida
Limited Liability Company; BTS NORTH, INC. d/b/a BOOBY TRAP DORAL,
a Florida Corporation; BOOBY TRAP, INC., d/b/a BOOBY TRAP POMPANO
BEACH a Florida Corporation; PHILIP GORI, an individual; GREGG
BERGER, an individual; B&G OPA HOLDINGS LLC d/b/a Klub 24; MIKE
ARZA, an individual, Case No. 1:25-cv-20942-XXXX (S.D. Fla., Feb.
27, 2025), is brought pursuant to the Fair Labor Standards Act
("FLSA"), the Florida Minimum Wage Act ("FMWA" and Article 10,
Section 24 of the Florida Constitution ("Article X"), seeking
unpaid wages, including the recovery of illegal "kick-backs",
unlawfully retained tips, liquidated damages and reasonable
attorneys' fees and costs.
The Plaintiffs and other dancers who worked at BT River, BT Doral,
BT Pompano, and Klub 24 were classified as independent contractors
rather than employees and not paid the minimum wage. The Plaintiffs
and the collective action members were not exempt from the minimum
wage or overtime requirements of the FLSA for the work they
performed at BT River, BT Doral, BT Pompano and Klub 24. The
Defendants paid no wages to Plaintiffs and the collective action
members for the work they performed at BT River, BT Doral, BT
Pompano and Klub 24, says the complaint.
The Plaintiffs are employees of the Defendants.
BT River, BT Doral, BT Pompano, and Klub 24 were each an enterprise
engaged in commerce.[BN]
The Plaintiffs are represented by:
T'Keara N. Watson, Esq.
Carlos V. Leach, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Phone: (407) 574-4999
Facsimile: (833) 813-7513
Email: Twatson@theleachfirm.com
cleach@theleachfirm.com
CAPITAL ONE: Bid to Dismiss Jensen Class Action Tossed
------------------------------------------------------
In the class action lawsuit captioned as TAMIE JENSEN, v. CAPITAL
ONE FINANCIAL CORPORATION, Case No. 2:24-cv-00727-KKE (W.D. Wash.),
the Hon. Judge entered an order denying the Defendant's motion to
dismiss and/or strike.
The parties shall file an updated class-action joint status report
regarding case scheduling disputes and/or agreements, no later than
March 14, 2025.
The clerk is directed to file a class-action joint status report
order on the docket for the parties to use in preparing their
report.
After reviewing the updated joint status report, the Court will set
a scheduling conference.
The Court finds that Capital One's incomplete notice in its mobile
app (and complete lack of notice on its website) does not undercut
the sufficiency of Jensen's allegations supporting her CEMA claim,
namely that Capital One provided substantial assistance as defined
in the statute to its customers in the transmission of commercial
text messages. The Court accordingly denies Capital One's motion to
dismiss this claim.
Although the Court is sympathetic to Capital One's concerns, the
Court declines to rule at this time that, as a matter of law, this
case cannot be maintained as a class action. Rather, the Court will
consider this issue as necessary at the class-certification stage.
Accordingly, the Court will deny Capital One's motion to dismiss
and motion to strike.
Jensen claimed that the transmission of this commercial text
message violates Washington's Commercial Electronic Mail Act
("CEMA") and therefore violates Washington's Consumer Protection
Act ("CPA") as well.
Capital One is a banking company that offers credit cards, and
promotes its credit cards via a "Refer a Friend" program.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ENtjyx at no extra
charge.[CC]
CASINO QUEEN: Class Settlement in Hensiek Suit Gets Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as TOM HENSIEK, et al., v.
BD. OF DIRECTORS OF CASINO QUEEN HOLDING CO., INC., et al., Case
No. 3:20-cv-00377-DWD (S.D. Ill.), the Hon. Judge David Dugan
entered an order granting final approval of class action settlement
and final order and judgment of dismissal with prejudice:
The Court previously certified for settlement purposes only a
non-opt-out class under Federal Rule of Civil procedure 23(b)(1)
consisting of:
"All participants in the Casino Queen ESOP, whether or not
such participant had a vested account in the ESOP, and those
participants' beneficiaries, excluding: Defendants and their
immediate family members; any ESOP Trustee, ESOP
Administrative Committee members serving in such capacity on
or before Dec. 31, 2019; the officers and directors of CQH
or Casino Queen, Inc. ("CQI") serving in such capacity on or
before Dec. 31, 2019; or the officers or directors or of any
other entity in which a Defendant (other than CQH or CQI)
has a controlling interest; and legal representatives,
successors, and assigns of any such excluded persons."
The Court confirms the prior appointment of the Plaintiffs as Class
Representatives, and the appointment of the law firm of Cohen
Milstein Sellers & Toll PLLC as Class Counsel.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LiOOCe at no extra
charge.[CC]
CASSAVA SCIENCES: Class Cert. Bid Tossed w/o Prejudice
------------------------------------------------------
In the class action lawsuit Re Cassava Sciences, Inc. Securities
Litigation, Case No. 1:21-cv-00751-DAE (W.D. Tex.), the Hon. Judge
David Alan Ezra entered an order denying without prejudice the
Plaintiffs' opposed motion for class certification.
In light of the changes in circumstances and newly raised arguments
that may affect the disposition of the class certification, the
Court will deny without prejudice Plaintiffs' Motion for Class
Certification subject to refiling.
In the event the Motion for Leave to File Second Supplemented
Complaint is denied, the Motion for Class Certification shall be
refiled within thirty (30) days of the Court's ruling, and this
Court shall promptly take up said Motion. The Court shall provide
further scheduling instructions to the parties in its forthcoming
rulings.
The parties dispute whether the motion to exclude was timely filed
or whether it was filed against Magistrate Judge Hightower's order
to "not file any new evidence."
The resolution of these pending motions may also potentially affect
the recommendation pertaining to the class certification.
Cassava Sciences is an American pharmaceutical company.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ft62Bj at no extra
charge.[CC]
CENTRAL HATZALAH: Doe Files Suit in N.D. Illinois
-------------------------------------------------
A class action lawsuit has been filed against CENTRAL HATZALAH, et
al. The case is styled as Jane Doe, individually, and on behalf of
others similarly situated v. CENTRAL HATZALAH, et al., Case No.
506909/2025 (N.Y. Sup. Ct., Kings Cty., Feb. 27, 2025).
Hatzalah -- https://hatzalah.org/ -- provides emergency medical
response to the public.[BN]
CERTEGY PAYMENT: Seeks to Strike Woodward's Declaration
-------------------------------------------------------
In the class action lawsuit captioned as NANCY STACHEWICZ, on
behalf of herself and all others similarly situated, v. CERTEGY
PAYMENT SOLUTIONS, LLC, Case No. 1:23-cv-01258-JEH (C.D. Ill.), the
Defendant asks the Court to enter an order striking the Declaration
of Matthew Woodward.
Certegy is a specialty credit reporting agency based in Tampa,
Florida.
A copy of the Defendant's motion dated Feb. 25, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=kpgvA8 at no extra
charge.[CC]
The Defendant is represented by:
Erin E. Edwards, Esq.
David M. Gettings, Esq.
TROUTMAN PEPPER HAMILTON SANDERS LLP
227 W. Monroe St., Ste. 3900
Chicago, IL 60606
Telephone: (312) 759-1665
E-mail: Erin.Edwards@Troutman.com
dave.gettings@troutman.com
CHARTER COMM: Pretrial Schedule & Trial Order Entered in Garcia
---------------------------------------------------------------
In the class action lawsuit captioned as HECTOR GARCIA, v. CHARTER
COMMUNICATIONS, LLC ET AL, Case No. 2:24-cv-10436-WLH-AGR (C.D.
Cal.), the Hon. Judge Wesley Hsu entered a civil pretrial schedule
and trial order as follows:
-- Fact and Expert Discovery Cut-Offs
The cut-off date for discovery is not the date by which
discovery requests must be served; it is the date by which all
discovery, including all hearings on any related motions, must
be completed.
-- Settlement Proceedings/Alternative Dispute Resolution (ADR)
Deadline.
Pursuant to Local Rule 16-15, the parties must participate in
a settlement conference/ADR procedure.
-- Daubert Motions
Daubert motions will be heard not later than eight (8) weeks
before the FPTC.
-- Joint Statement of the Case (Jury Trial Only)
The parties must file a Joint Statement of the Case fourteen
(14) days before the FPTC for the Court to read to the
prospective jurors before commencement of voir dire.
The joint statement should be brief and neutral and should not
be more than one page in length.
Charter Communications is an American telecommunications and mass
media company.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=pTIwgX at no extra
charge.[CC]
CITY OF MOSS POINT: Kilgore Files Suit in S.D. Mississippi
----------------------------------------------------------
A class action lawsuit has been filed against City of Moss Point,
et al. The case is styled as Jennifer Kilgore, Shirley Howard,
individually and on behalf of all others similarly situated v. City
of Moss Point, Mayor Billy Knight and the City Aldermen, each in
their official and elected capacity and the Moss Point Chief of
Police, in his official capacity, Intellisafe, LLC, John Does 1-10,
ACME Companies 1-10, Case No. 1:25-cv-00055-TBM-RPM (S.D. Miss.,
Feb. 26, 2025).
The nature of suit is stated as Other Civil Rights for the Civil
Rights Act.
Moss Point -- https://cityofmosspoint.org/ -- is a city in Jackson
County, Mississippi, United States.[BN]
The Plaintiffs are represented by:
David C. Futch, Esq.
FUTCH LAW FIRM
P. O. Box 1149
Pascagoula, MS 39568-1149
Phone: (228) 769-0530
Fax: (228) 769-0399
Email: dcfutch@cableone.net
CLARK ATLANTA: Visually Impaired Can't Access Website, Herrera Says
-------------------------------------------------------------------
EDERY HERRERA, individually and on behalf of all others similarly
situated, Plaintiff v. CLARK ATLANTA UNIVERSITY, INC., Defendant,
Case No. 1:25-cv-01614 (S.D.N.Y., February 26, 2025) is a class
action against the Defendants 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, the New York General
Business Law, and the Rehabilitation Act of 1973.
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://www.cau.edu, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their 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 (alt-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 its website will become and remain accessible to
blind and visually impaired individuals.
Clark Atlanta University, Inc. is a private university with its
main campus located in Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, New York 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
CLASSPASS USA LLC: Gonzalez Files Suit in C.D. California
---------------------------------------------------------
A class action lawsuit has been filed against ClassPass USA LLC.
The case is styled as Valeria Gonzalez, individually and on behalf
of all others similarly situated v. ClassPass USA LLC, Case No.
5:25-cv-02094-NW (C.D. Cal., Feb. 27, 2025).
The nature of suit is stated as Other Fraud.
ClassPass -- https://classpass.com/ -- is an American company
operating a subscription platform for fitness.[BN]
The Plaintiff is represented by:
Philip Lawrence Fraietta, Esq.
BURSOR & FISHER P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Email: pfraietta@bursor.com
- and -
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Phone: (925) 300-4455
Fax: (925) 407-2700
Email: sbogdanovich@bursor.com
COMMERCIAL SPECIALTY: Silveira Sues Over Unprotected Personal Data
------------------------------------------------------------------
RODNEY SILVEIRA, on behalf of himself and all others similarly
situated, Plaintiff v. COMMERCIAL SPECIALTY TRUCK HOLDINGS, LLC,
Defendant, Case No. 5:25-cv-00048-DCR (E.D. Ken., February 21,
2025) arises from Defendant's failure to protect highly sensitive
data.
According to the complaint, the Defendant stores a litany of highly
sensitive personal identifiable information and protected health
information about its current and former employees. However, the
Defendant lost control over that data when cybercriminals
infiltrated its insufficiently protected computer systems in a data
breach. On information and belief, cybercriminals were able to
breach Defendant's systems because Defendant failed to adequately
train its employees on cybersecurity and failed to maintain
reasonable security safeguards or protocols to protect the Class'
PII/PHI, says the suit.
As a direct and traceable result of Defendant's negligence and/or
negligent supervision, Plaintiff and Class Members have suffered or
will suffer damages, including monetary damages, increased risk of
future harm, embarrassment, humiliation, frustration, and emotional
distress, the suit asserts.
Commercial Specialty Truck Holdings, LLC is a specialty vehicle
manufacturer based in Cynthiana, Kentucky.[BN]
The Plaintiff is represented by:
Andrew E. Mize, Esq.
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: amize@stranchlaw.com
gstranch@stranchlaw.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
CRAWLEY PETROLEUM: D & N Farms Seeks Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as D & N Farms, LLC, et al.,
v. Crawley Petroleum Corporation, Case No. 6:23-cv-00234-RAW-DES
(E.D. Okla.), the Plaintiffs ask the Court to enter an order
granting motion for class certification, to appoint plaintiffs as
class representatives, and to appoint class counsel.
The Plaintiffs respectfully request the Court enter an Order
certifying the following class under Fed. R. Civ. P. 23(b)(2) and
23(b)(3) and the following subclass under Fed. R. Civ. P. 23(b)(3):
The Class:
"All non-excluded persons or entities who own or owned royalty
interests in Oklahoma wells, except those whose leases
expressly authorize deductions under Oklahoma law, where the
Defendant (including its affiliated predecessors and
affiliated successors) is or was the operator (or a working
interest owner who marketed its share of gas separately from
the operator)."
The Class claims relate to royalty payments for gas and its
constituents (such as residue gas, natural gas liquids, or
drip condensate).
Subclass:
"All non-excluded persons or entities who own or owned royalty
interests in Oklahoma wells where Defendant is or was the
operator (or a working interest owner who marketed its share
of gas separately from the operator) and are entitled to share
in royalty proceeds payable under any lease that contains an
express provision stating that royalty will be paid on gas
used off the lease premise ("Fuel-Use Clause").
Exclusions: (1) agencies, departments or instrumentalities of
the United States of America, including but not limited to,
the U.S. Department of the Interior (the United States, Indian
tribes, and Indian allottees); (2) the State of Oklahoma or
any of its agencies or departments that own royalty interests;
(3) the Defendant, its affiliates, predecessors, and
employees, officers, and directors; (4) any publicly traded
company, or their affiliated entity, that produces, gathers,
processes, or markets gas; (5) the claims of royalty owners to
the extent covered by arbitration clauses or prior settlement
agreements, if any, still in effect at the time suit was
filed; (6) over-riding royalty owners and others whose
interest was carved out from the lessee’s interest; (7)
royalty owners who have already filed and still have pending
lawsuits for underpayment of royalties against Defendant; (8)
royalty owners only to the extent they take gas in-kind, if
any; and (9) Plaintiffs' counsel, their experts, and officers
of the Court.
Crawley is a privately-held oil and gas exploration and production
company.
A copy of the Plaintiffs' motion dated Feb. 24, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=R2EKHk at no extra
charge.[CC]
The Plaintiffs are represented by:
Chaille G. Walraven, Esq.
Mark E. Walraven, Esq.
GRAFT & WALRAVEN, PLLC
4801 Gaillardia Pkwy, Ste 300
Oklahoma City, OK 73142
Telephone: (405) 253-6444
E-mail: chaille@gwlawok.com
mark@gwlawok.com
- and -
Bryan O. Blevins, Jr., Esq.
PROVOST UMPHREY LAW FIRM
350 Pine Street, Ste 1100
Beaumont, TX 77701
Telephone: (409) 835-6000
E-mail: bblevins@pulf.com
CSX TRANSPORTATION: Bell Suit Transferred to S.D. Georgia
---------------------------------------------------------
The case captioned as Daniel Bell, et al., individually and on
behalf of others similarly situated v. CSX Transportation, Inc.,
Case No. 1:18-cv-00744 was transferred from the United States
District Court for the District of Maryland, to the United States
District Court for the Southern District of Georgia on Feb. 26,
2025.
The District Court Clerk assigned Case No. 1:25-cv-00033-JRH-BKE to
the proceeding.
The nature of suit is stated as Labor for Family and Medical Leave
Act.
CSX -- https://www.csx.com/ -- is a leading supplier of rail-based
freight transportation in North America.[BN]
The Plaintiffs are represented by:
Perry Matthew Darby, Esq.
DARBY LAW GROUP, LLC
201 International Circle, Ste. 500
Hunt Valley, MD 21030
Phone: (833) 601-7245
Fax: (667) 770-6660
Email: pmdarby@bsgfdlaw.com
- and -
Adam W. Hansen, Esq.
APOLLO LAW LLC
333 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Phone: (612) 927-2969
Fax: (419) 793-1804
Email: adam@apollo-law.com
- and -
Jonathan L. Stone, Esq.
THE MOODY LAW FIRM, INC.
500 Crawford Street, Suite 200
Portsmouth, VA 23704
Phone: (757) 393-4093
Email: jstone@moodyrrlaw.com
- and -
Mark E. Thomson, Esq.
Nicholas D Thompson, Esq.
CASEY JONES LAW FIRM
323 N Washington Ave, Ste 200
Minneapolis, MN 55401
Phone: (612) 293-5249
Email: mthomson@caseyjones.law
nthompson@caseyjones.law
The Defendant is represented by:
Donald J. Munro, Esq.
Michelle Barineau, Esq.
Nikki L McArthur, Esq.
Thomas R Chiavetta, Esq.
JONES DAY
51 Louisiana Avenue, Nw
Washington, DC 20001
Phone: (202) 879-3922
Email: dmunro@jonesday.com
mbarineau@jonesday.com
nmcarthur@jonesday.com
tchiavetta@jonesday.com
- and -
Joshua Ian Hammack, Esq.
BAILEY & GLASSER LLP
1055 Thomas Jefferson Street NW, Suite 540
Washington, VA 20007
Phone: (202) 463-2101
Email: jhammack@baileyglasser.com
- and -
Lindsay M. Cogley, Esq.
JONES DAY
325 John H McConnell Blvd. Ste. 600
Columbus, OH 43215
Phone: (614) 469-3939
Fax: (614) 461-4198
Email: lcogley@jonesday.com
DENCO CONST'N: Class Cert Bid Referred to Magistrate Judge
----------------------------------------------------------
In the class action lawsuit captioned as Perez, et al., v. Denco
Construction LLC, et al., Case No. 1:24-cv-02766 (D. Colo., Filed
Oct. 7, 2024), the Hon. Judge Regina M. Rodriguez entered an order
referring motion to certify class to Mag. Judge N. Reid Neureiter.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Denco Construction is a full service general contracting firm.[CC]
DOGPOUND FITNESS: Blind Can't Access Online Store, Fernandez Claims
-------------------------------------------------------------------
DEVIN FERNANDEZ, individually and on behalf of all others similarly
situated, Plaintiff v. DOGPOUND FITNESS, INC., Defendant, Case No.
1:25-cv-01098 (E.D.N.Y., February 26, 2025) is a class action
against the Defendants for violations of Title III of the Americans
with Disabilities Act and the New York City Human Rights Law, and
declaratory relief.
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,
www.thedogpound.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Dogpound Fitness, Inc. is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
DOUG COLLINS: Court Dismisses Burton Class Action
-------------------------------------------------
In the class action lawsuit captioned as JOHN L. BURTON, v. DOUG
COLLINS, et al., Case No. 8:25-cv-00428-TPB-AEP (M.D. Fla.), the
Hon. Judge Tom Barber Entered an order dismissing action based on
Plaintiff's violation of filing injunction.
The Clerk is directed to terminate any pending motions and deadline
and thereafter close this case.
The Plaintiff did not seek or obtain leave of Court before filing
the instant lawsuit, nor did he inform the Court about the pendency
of the injunction against him. Accordingly, Plaintiff has violated
the injunction.
The Plaintiff is suing Defendants that include the Secretary of the
Department of Veterans Affairs and Moffitt Cancer Center, among
others, for allegedly denying him a proton prostate cancer
treatment and pursuing a different treatment plan to which
Plaintiff objects.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vc45Am at no extra
charge.[CC]
DRIFTWOOD HEALTHCARE: Meneses Suit Removed to C.D. California
-------------------------------------------------------------
The case captioned as Delfina Meneses, individually, and on behalf
of all others similarly situated v. DRIFTWOOD HEALTHCARE & WELLNESS
CENTER, LLC, a California corporation; NURSA, INC., a Delaware
corporation; J&L HEALTH SOLUTIONS LLC, a California limited
liability company; and DOES 1 through 10, inclusive, Case No.
25STCV02221 was removed from the Superior Court for the State of
California, in and for the County of Los Angeles, to the U.S.
District Court for the Central District of California on Feb. 27,
2025, and assigned Case No. 2:25-cv-01722.
The Plaintiff's Complaint asserts the following eight causes of
action: Failure to Pay Minimum and Straight Time Wages; Failure to
Pay Overtime Wages; Failure to Provide Meal Periods; Failure to
Authorize and Permit Rest Periods; Failure to Timely Pay Final
Wages at Termination; Failure to Provide Accurate Itemized Wage
Statements; Failure to Indemnify Employees for Expenditures; and
Unfair Business Practices.[BN]
The Defendants are represented by:
Anthony G. Ly, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Phone: 310.553.0308
Facsimile: 800.715.1330
Email: aly@littler.com
- and -
Sophia B. Collins, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Facsimile: 925.946.9809
Email: scollins@littler.com
- and -
Sarah R. Boxer, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101
Phone: 619.232.0441
Facsimile: 619.232.4302
Email: sboxer@littler.com
DYLAN MACALINAO: Class Cert. Hearing in Duffy Suit Set for Oct. 27
------------------------------------------------------------------
In the class action lawsuit captioned as Duffy, et al., v.
Macalinao, et al., Case No. 2:24-cv-00209 (E.D. Tex., Filed March
22, 2024), the Hon. Judge Robert W. Schroeder, III entered setting
class certification hearing for Oct. 27, 2025, at 09:00 AM.
The suit alleges violation of the Racketeer Influenced and Corrupt
Organizations (RICO) Act.[CC]
DZS INC: Jason Hawke Appointed as Lead Plaintiff
------------------------------------------------
In the class action lawsuit captioned as JASON SHIM, Individually
and On Behalf of All Others Similarly Situated, v. DZS INC., et
al., Case No. 4:23-cv-00549-SDJ (E.D. Tex.), the Hon. Judge Sean
Jordan entered an order:
-- granting Jason Hawke's motion for appointment as lead plaintiff
and
approval of selection of class counsel, and
-- denying in part Keith Link and Trevor Milkins's motion for
appointment as co-lead plaintiffs and approval of counsel, and
the Trusts' motion for appointment as lead plaintiff and
approval of co-lead counsel.
The Court further orders that Jason S. Hawke is appointed as lead
plaintiff under the Private Securities Litigation
Reform Act ("PSLRA").
The Court further orders that Hawke's selection of Levi &
Korsinsky, LLP as lead counsel and Sponsel Miller Greenberg PLLC as
liaison counsel are approved pursuant to 15 U.S.C. section
78u–4(a)(3)(B)(v).
DZS is a provider of fiber access and optical telecommunications
networking and cloud software technology.
A copy of the Court's memorandum opinion and order dated Feb. 26,
2025, is available from PacerMonitor.com at
https://urlcurt.com/u?l=MsSJ6f at no extra charge.[CC]
EIDP INC: PFAS Chemicals Contaminate Private Property, Ryan Says
----------------------------------------------------------------
THOMAS RYAN, SUSAN RYAN, SEAN GALLAGHER, ASHLEY SULTAN GALLAGHER,
MICHELE BURT, NANCY DONOVAN, and LAUREN LADUE, individually and on
behalf of others similarly situated, Plaintiffs v. EIDP, INC.,
DUPONT DE NEMOURS, INC., THE CHEMOURS COMPANY, THE CHEMOURS COMPANY
FC, LLC, CORTEVA, INC., BALL CORPORATION, RUST-OLEUM CORPORATION,
NEW ENGLAND WASTE SYSTEMS OF ME D/B/A CASELLA ORGANICS, SYNAGRO
TECHNOLOGIES, INC., NEW ENGLAND FERTILIZER COMPANY, NEFCO GP I, and
NEFCO GP II. Defendants, Case No. 4:25-cv-40026 (D. Mass., February
23, 2025) arises from the Defendants' intentional, reckless, and/or
negligent acts and omissions in connection with the discharge,
distribution, and/or disposal of per- and polyfluoroalkyl
substances and their constituents, collectively referred as PFAS,
which have caused the contamination of real property and drinking
water supplies owned and used by Plaintiffs and other Class
members.
According to the complaint, the Plaintiffs and the Class members
have ingested and absorbed PFAS into their bodies, tissue, and
cells where it is known to and has bioaccumulated over time as a
direct result of Defendant's negligent conduct in connection with
disposal of waste materials contaminated with PFAS chemicals at
MassNatural's operations at Otter Farm.
By causing contamination with PFAS of real property owned and/or
possessed by Plaintiffs and the Class Members, Defendant Ball also
has substantially interfered otherwise with the Plaintiffs' and
Class Members' ability to enjoy their property, to avail themselves
of their property's value as an asset and/or source of collateral
for financing, and to use their property in the manner that each
Class Member chooses, says the suit.
EIDP, Inc., f/k/a E. I. du Pont de Nemours and Company, operates as
a agricultural chemical company.[BN]
The Plaintiffs are represented by:
Sean K. McElligott, Esq.
Ian W. Sloss, Esq.
Johnathan Seredynski, Esq.
Krystyna D. Gancoss, Esq.
Kate Sayed, Esq.
SILVER GOLUB & TEITELL LLP
One Landmark Square, 15th Floor
Stamford, CT 06901
Telephone: (203) 325-4491
Facsimile: (203) 325-3769
E-mail: isloss@sgtlaw.com
smcelligott@sgtlaw.com
jseredynski@sgtlaw.com
kgancoss@sgtlaw.com
ksayed@sgtlaw.com
- and -
David C. Strouss, Esq.
Christian Uehlein, Esq.
Leah M. McMorris, Esq.
THORNTON LAW FIRM LLP
84 State Street, 4th Floor
Boston, MA 02109
Telephone: (617) 720-1333
Facsimile: (617) 720-2445
E-mail: dstrouss@tenlaw.com
cuehlein@tenlaw.com
lmcmorris@tenlaw.com
ER CARPENTER: Filing for Class Cert. Bid in Marrow Due May 15
-------------------------------------------------------------
In the class action lawsuit captioned as SAROYA MARROW, v. E.R.
CARPENTER COMPANY, INC., Case No. 8:23-cv-02959-KKM-LSG (M.D.
Fla.), the Hon. Judge Kathryn Kimball Mizelle entered a case
management and scheduling order:
Class Certification: May 15, 2025
Plaintiff Expert Disclosure: July 28, 2025
Defendant Expert Disclosure: Aug. 28, 2025
Dispositive and Daubert Motions: Dec. 1, 2025
Motions In Limine: May 21, 2026
Joint Pretrial Statement: June 4, 2026
Pretrial Conference: June 11, 2026
Trial Briefs: June 22, 2026
ER Carpenter offers manufactures resins, synthetic rubbers, and
fibers.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Jf7hy9 at no extra
charge.[CC]
EVERCARE LLC: Mislabels Apple Cider Vinegar Capsules, Suit Says
---------------------------------------------------------------
MARLO PANTALEON on behalf of herself and all others similarly
situated, Plaintiff v. EVERCARE LLC, Defendant, Case No.
4:25-cv-01905 (N.D. Cal., February 23, 2025) is a proposed class
action on behalf of a nationwide and California class of consumers
seeking redress for Defendant's deceptive practices associated with
the advertising, labeling, and sale of its Prime MD Ceylon Cinnamon
Apple Cider Vinegar capsules pursuant to the California's Business
and Professions Code.
The Product's principal display panel claims that it is Apple Cider
Vinegar and the Supplement Fact Section states that each serving
contains 500 mg of Apple Cider Vinegar. By law, any product
claiming to be Apple Cider Vinegar must contain a minimum of 4%
acetic acid. Anything less, the product is not and cannot be called
Apple Cider Vinegar and its content rendered inefficacious and
worthless.
The Plaintiff conducted analytical testing on 12 representative
samples of EverCare's Apple Cider Vinegar capsules which reveal
that the Products contain less than 2.0% acetic acid and
accordingly, less than half of the promised 500 mg of ACV.
Throughout the applicable Class Period, the Defendant has falsely
represented the true nature of its Product. As a result of this
false and misleading labeling, the Defendant was able to sell them
to thousands of unsuspecting consumers throughout California and
the United States, the suit alleges.
EverCare LLC markets, advertises, and sells a line of Apple Cider
Vinegar Dietary Supplements.[BN]
The Plaintiff is represented by:
Michael D. Braun, Esq.
KUZYK LAW, LLP
2121 Avenue of the Stars, Ste. 800
Los Angeles, CA 90067
Telephone: (213) 401-4100
E-mail: mdb@kuzykclassactions.com
FCA US: Bids to Compel Arbitration Granted in Fisher Suit
---------------------------------------------------------
In the class action lawsuit captioned as BRIAN FISHER, et al., v.
FCA US LLC, Case No. 2:23-cv-10426-MFL-EAS (E.D. Mich.), the Hon.
Judge Matthew F. Leitman entered an order granting FCA's motions to
compel arbitration and staying the Arbitration Plaintiffs' claims
against FCA.
If an arbitrator ultimately determines that FCA may not compel
arbitration, the Arbitration Plaintiffs may file a motion in this
action to lift the stay and proceed with the merits of their claims
here.
If the arbitrator rules that FCA may compel arbitration, then at
the conclusion of arbitration proceedings, FCA and/or the
Arbitration Plaintiffs may file a motion to confirm or vacate the
arbitrator’s award or for other appropriate relief.
The Court first concludes that FCA has not waived its right to
compel the Arbitration Plaintiffs to arbitrate their claims. The
Court next concludes that an arbitrator must decide whether the
claims against FCA are subject to arbitration.
The Court is not persuaded that the Delegation Clauses were so far
"buried" within the terms of the arbitration provisions that it
would be unfair to enforce those clauses against the Arbitration
Plaintiffs.
Because the Arbitration Plaintiffs have not developed any attack
tied directly to the Delegation Clauses, their claims of fraud and
mistake of fact fail.
FCA US designs, engineers, manufactures, and sells vehicles.
A copy of the Court's order dated Feb, 21, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WlWqHp at no extra
charge.[CC]
FCA US: Pending Motions in Clayton Tossed w/o Prejudice
-------------------------------------------------------
In the class action lawsuit captioned as TONYA CLAYTON, et al., v.
FCA US LLC, Case No. 4:21-cv-12995-MFL-EAS (E.D. Mich.), the Hon.
Judge Matthew Leitman entered an order terminating pending motions
without prejudice.
On Feb. 18, 2025, the Court held a hearing on Plaintiffs' motion
for class certification and Defendant FCA US LLC's motions to
exclude Plaintiffs' expert witnesses.
At the conclusion of the hearing, the Court discussed with the
parties whether they were interested in pausing the litigation
phase of these proceedings so that they could explore a potential
settlement.
The Court told the parties that if they were inclined to mediate
their dispute, the Court would terminate the pending motions
without prejudice and reinstate them, if necessary, if the
mediation was unsuccessful.
FCA US designs, engineers, manufactures, and sells vehicles.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EcVVkx at no extra
charge.[CC]
FIRST CHATHAM BANK: Fort Files Suit in Ga. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against First Chatham Bank.
The case is styled as Lisa Fort, individually and on behalf of all
others similarly situated v. First Chatham Bank, Case No.
SPCV25-00295-CO (Ga. Super. Ct., Chatham Cty., Feb. 27, 2025).
The nature of suit is stated as Other Tort.
The First Chatham Family of Banks -- https://www.firstchatham.com/
-- is a local community bank focused on building customer
relationships with integrity and trust.[BN]
The Plaintiffs are represented by:
Ainsworth G. Dudley, Jr., Esq.
AINSWORTH G. DUDLEY, ATTORNEY AT LAW
4200 Northside Parkway
Building 1, Suite 200
Atlanta, GA 30327
FIRST SHIELD SECURITY: Lewis Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against First Shield Security
and Patrol, LLC. The case is styled as Obadiah Lewis, individually,
and on behalf of all other similarly situated v. First Shield
Security and Patrol, LLC, Case No. STK-CV-UOE-2025-0003075 (Cal.
Super. Ct., San Joaquin Cty., Feb. 27, 2025).
The case type is stated as "Unlimited Civil Other Employment."
First Shield Security & Patrol, LLC --
https://firstshieldsecurity.com/ -- is a locally owned and operated
security services company.[BN]
FISK INDUSTRIES: Fagnani Sues Over Blind's Equal Access to Website
------------------------------------------------------------------
MYKAYLA FAGNANI, individually and on behalf of all others similarly
situated, Plaintiff v. FISK INDUSTRIES, INC., Defendant, Case No.
1:25-cv-01657 (S.D.N.Y., February 26, 2025) is a class action
against the Defendants 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://difeel.com/, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their 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 (alt-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 its website will become and remain accessible to
blind and visually impaired individuals.
Fisk Industries, Inc. is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, New York 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
FOX CORPORATION: Montagna Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Fox Corporation, et
al. The case is styled as Valentina Montagna, on behalf of herself
and behalf of all others similarly situated v. Fox Corporation,
Tubi, Inc., Does 1 through 50, inclusive, Case No. CGC25622792
(Cal. Super. Ct., San Joaquin Cty., Feb. 27, 2025).
The case type is stated as "Other Non-Exempt Complaints."
Fox Corporation -- https://www.foxcorporation.com/ -- is an
American multinational mass media company.[BN]
The Plaintiff is represented by:
Verne Joshua Socks, Esq.
COLLIER SOCKS LLP
240 Tamal Vista Blvd., Ste. 100
Corte Madera, CA 94925-1667
Phone: 415-767-0047
Fax: 415-767-0037
Email: jsocks@collierlawsf.com
- and -
Elana Rebecca Levine, Esq.
ALDERLAW, P.C.
12800 Riverside Drive, Second Floor
Valley Village, CA 91607
Phone: 310-275-9131
Email: llevine@alderlaw.com
FRESENIUS VASCULAR: Class Settlement in Graveley Gets Initial Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as STEVEN GRAVLEY, SR.,
TYRONE BANKS, BARBARA WELZENBACH, individually and on behalf of all
others similarly situated, v. FRESENIUS VASCULAR CARE, INC. d/b/a
AZURA VASCULAR CARE, Case No. 2:24-cv-01148-MMB (E.D. Pa.), the
Hon. Judge Michael Baylson entered an order granting preliminary
approval of class action settlement as follows:
The Court provisionally certifies the Settlement Class, defined as
follows:
"All natural persons whose Personal Information may have been
compromised in the Data Breach disclosed by Azura, including
all persons who were sent notice of the Data Breach."
Excluded from the Settlement Class are: (1) the Judge(s)
presiding over the Action and members of their immediate
families and their staff; (2) Azura, its subsidiaries, parent
companies, successors, predecessors, and any entity in which
Azura or its parents, have a controlling interest, and its
current or former officers and directors; (3) natural persons
who properly execute and submit a Request for Exclusion prior
to the expiration of the Opt-Out Period; and (4) the successors
or assigns of any such excluded natural person.
The Plaintiffs Steven Gravley, Sr., Tyrone Banks, and Barbara
Welzenbach are provisionally designated and appointed as the Class
Representatives.
The Court finds that Andrew W. Ferich of Ahdoot & Wolfson, PC and
Benjamin F. Johns of Shub Johns & Holbrook LLP are experienced and
adequate counsel, and are provisionally designated as Class
Counsel.
A Final Approval Hearing shall be held on June 16, 2025.
The case arises from a Data Breach experienced by Azura between
Sept. 27, 2023 and Oct. 9, 2023.
During the Data Breach, an unauthorized third-party potentially
gained access to an Azura computer system and deployed ransomware.
The information impacted may have included the data of
approximately 334,000 individuals, of which a substantial majority
are patients, former patients, and guarantors of patients.
Fresenius is a national network of outpatient vascular care and
ambulatory surgery centers that specialize in minimally invasive
techniques.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CRAbYE at no extra
charge.[CC]
GARCIAS' TACO: Fails to Pay Overtime Under FLSA, NYLL, Paredes Says
-------------------------------------------------------------------
ALIDA MARTINEZ PAREDES and MERADYS ROSSEMARY DE LA CRUZ REYES,
individually and on behalf of all others similarly situated, v.
GARCIAS' TACO BAR LLC and ROBERTO GARCIA and JENNIFER ARGUELLO, as
individuals, Case No. 2:25-cv-01191 (E.D.N.Y., Mar. 3, 2025)
alleges that the Defendants suffered and permitted the Plaintiff
and the Collective Class to work more than 40 hours per week
without appropriate overtime compensation pursuant to the Fair
Labor Standards Act and New York Labor Law.
According to complaint, although the Plaintiff worked approximately
70-84 hours per week, from September 2022 until in January 2025,
the Defendants did not pay the Plaintiff time and a half (1.5) for
hours worked over 40 a blatant violation of the overtime provisions
contained in the FLSA and NYLL.
The Plaintiff was employed by the Defendants as meat cutter,
butcher and cleaner, while performing other miscellaneous duties,
from September 2021 until August 2024.
GARCIAS' TACO BAR LLC is a Mexican restaurant.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
GARDNER MANUFACTURING: Nelson Sues Over Unpaid Overtime Wages
-------------------------------------------------------------
Benjamin Nelson, on behalf of himself and all others similarly
situated v. GARDNER MANUFACTURING COMPANY, Case No.
2:25-cv-00292-SCD (E.D. Wis., Feb. 27, 2025), is brought pursuant
to the Fair Labor Standards Act of 1938 ("FLSA"), and Wisconsin's
Wage Payment and Collection Laws ("WWPCL"), for purposes of
obtaining relief under the FLSA and WWPCL for unpaid overtime
compensation, unpaid straight time (regular) and/or agreed upon
wages, liquidated damages, costs, attorneys' fees, declaratory
and/or injunctive relief, and/or any such other relief the Court
may deem appropriate.
The Defendant operated an unlawful compensation system that
deprived and failed to compensate Plaintiff and all other current
and former hourly-paid, non-exempt employees for all hours worked
and work performed each workweek, including at an overtime rate of
pay for each hour worked in excess of 40 hours in a workweek, by:
shaving time (via electronic timeclock rounding) from Plaintiff's
and all other hourly-paid, non-exempt employees' weekly timesheets
for pre-shift and post-shift hours worked and/or work performed, to
the detriment of said employees and to the benefit of Defendant, in
violation of the FLSA and WWPCL; and failing to include all forms
of non-discretionary compensation, such as monetary bonuses,
incentives, awards, and/or other rewards and payments, in said
employees' regular rates of pay for overtime calculation purposes,
in violation of the FLSA and WWPCL, says the complaint.
The Plaintiff was hired by the Defendant as an hourly-paid, non-
exempt employee in the position of Paint Lab Technician in May
2024.
The Defendant is a manufacturer.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
GARNET HEALTH: Filing for Class Cert Bid in Gay Suit Due July 3
---------------------------------------------------------------
In the class action lawsuit captioned as GAY, et al., on behalf of
themselves and all others similarly situated, v. GARNET HEALTH,
Case No. 7:23-cv-06950-NSR-AEK (S.D.N.Y.), the Hon. Judge Nelson
Román entered an order adopting the Civil Case Discovery Plan and
Scheduling Order after consultation with counsel, pursuant to Fed.
R. Civ. P. 16 and 26(f):
1. First Interrogatories shall be served no later than Dec. 31,
2024, and responses thereto shall be served within 30 days
thereafter.
2. First request for production of documents, if any, shall be
served no later than Dec. 31, 2024.
3. Non-expert depositions shall be completed no later than
Sept. 4, 2025, for class certification.
4. Expert reports shall be served no later than July 3, 2025,
for class certification.
5. Rebuttal expert reports shall be served no later than
Sept. 5, 2025, for class certification.
6. Expert depositions shall be completed by Oct. 16, 2025 for
class certification.
7. Additional provisions agreed upon by counsel are attached
hereto and made a part hereof.
Motion for Class Certification: July 3, 2025
Opposition to Motion for Class Certification: Sept. 5, 2025
Reply in Support of Motion for Class Certification: Oct. 16,
2025
8. All discovery for class certification shall be completed by
Oct. 16, 2025. Following the Court's ruling on class
certification the parties and the Court shall re-confer
regarding the appropriate schedule going forward in the
case.
Garnet is a Middletown, New York-based three-campus health system.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=68qcP9 at no extra
charge.[CC]
GENERAL MOTORS: Court Narrows Claims in Ulrich Suit
---------------------------------------------------
In the class action lawsuit captioned as COLE ULRICH, PAUL AIELLO,
ANGELA BAILEY, DALE BLAND, JACOB BRELLENTHIN, BRITNEY BRELLENTHIN,
DANIEL DAVIS, LYNN DAVIS, DUANE EGGE, PAUL NORTHUP, RYAN VOLMERT,
KENNETH JAMES WILKINSON and SEAN JOSEPH ZIMMETT, v. GENERAL MOTORS,
LLC, Case No. 2:24-cv-11007-DML-DRG (E.D. Mich.), the Hon. Judge
David Lawson entered an order granting in part and denying in part
the Defendant's motion to dismiss.
The Court further entered an order that Counts 1 and 2 of the
complaint are dismissed without prejudice and Count 24 is dismissed
with prejudice.
The motion is denied in all other respects.
If the plaintiffs want to file an amended complaint, they must do
so on or before March 18, 2025, the Court says.
The Plaintiffs allege that they purchased vehicles manufactured by
defendant General Motors LLC that are defective because the
automatic transmissions frequently will "slip, buck, kick, jerk and
harshly engage."
The Plaintiffs filed suit on behalf of putative classes, including
the owners of thousands of vehicles that, they claim, have
defective transmissions, which GM has refused to fix or replace
under its express warranty.
General Motors is an American multinational automotive
manufacturing company.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8jFsIW at no extra
charge.[CC]
GRAND AMERICA: Descanzo Suit Seeks to Certify Class & Subclass
--------------------------------------------------------------
In the class action lawsuit captioned as JANN DESCANZO, VERONICA
BONDOC, GLEN SEGUNDINO, and MARIANNE PONIO, and those similarly
situated, v. GRAND AMERICA HOTELS & RESORTS, INC. and SINCLAIR
SERVICES COMPANY, Case No. 2:19-cv-00443-HCN-DBP (D. Utah), the
Plaintiffs ask the Court to enter an order granting request to
certify Class and Subclass; appoint Jann Descanzo, Veronica Bondoc,
Glen Segundino, and Marianne Ponio as representatives of the Class
and Subclass; and appoint undersigned counsel as Class Counsel.
Grand America, along with its parent company, Sinclair Services
Company, engaged in a common course of conduct. The Plaintiffs and
members of the proposed Class were recruited and hired to fill
Grand America's ordinary labor needs.
Then, when Plaintiffs and Class members arrived to participate in
what they thought was an internship or training program, they were
systematically treated as low-wage workers.
The Plaintiffs bring claims against Grand America under RICO, the
TVPA, and 42 U.S.C. section 1981.
The case is well-suited to class treatment because the central
issue is whether Grand America had a practice of hiring J-1 visa
workers to fill ordinary employment needs that violates the law.
Thus, a class action is the superior method of resolving the claims
of all members of the Class and Subclass.
The Plaintiffs request that the Court certify their RICO and TVPA
claims on behalf of the following Class:
"All persons who worked for the Grand America Hotel as J-1
visa interns from June 25, 2015 to present."
The Plaintiffs further request that the Court certify their
discrimination claim on behalf of the following Subclass:
"All persons with Filipino race, ethnicity, or ancestry who
worked at the Grand America Hotel as J-1 intern visas from
June 25, 2015 to present."
Grand America is a chain of eight hotels and resorts in the Western
United States.
A copy of the Plaintiffs' motion dated Feb. 24, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=hHJeS8 at no extra
charge.[CC]
The Plaintiffs are represented by:
P. Alex McBean, Esq.
ALEX McBEAN LAW OFFICE, PLLC
505 South Main Street
Bountiful, UT 84010
Telephone (358) 319-1137
E-mail: alex@alexmcbeanlaw.com
- and -
Beth E. Terrell, Esq.
Elizabeth A. Adams, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
E-mail: bterrell@terrellmarshall.com
eadams@terrellmarshall.com
- and -
Alexander Hood, Esq.
TOWARDS JUSTICE
1410 High Street, Suite 300
Denver, Colorado 80218
Telephone: (720) 441-2236
E-mail: alex@towardsjustice.org
GRAND ISLE: Bid to Seal Docs in Cagara Class Suit OK'd
------------------------------------------------------
In the class action lawsuit captioned as VICTOR CAGARA ORTIGUERRA,
DONATO MANALILI AGUSTIN, AMADO TRANATE YUZON, CHRISTOPHER ESCALANTE
RAYOS, ARVIN BANZON SAN PEDRO, WILFREDO BATONG SATUROS, ROSEL
NUFABLE HERNANDEZ, SIEGFRIED TAPIA CARLOS, RENATO ARBOLIDA DECENA,
and ISAIAS SANTIAGO DINGLASAN, v. GRAND ISLE SHIPYARD, LLC., and
GIS, LLC, Case No. 2:22-cv-00309-CJB-EJD (E.D. La.), the Hon. Judge
Carl Barbier entered an order that the motion to seal is granted
and that the documents referenced above be sealed from public
access only, with CM/ECF access permitted to the litigants'
counsel, with unredacted copies filed under seal and also provided
to the Court and opposing counsel by Defendants' counsel.
The case involves claims of violations of the Trafficking Victims
Protection Act ("TVPA") and the Fair Housing Act ("FHA") and a
claim of retaliation.
The sealed portions of the filings contain discussion, pleadings,
and exhibits which are subject to a prior Order and Reasons by the
Magistrate Judge on the issue of sealing and are also subject to a
current Protective Order of this Court.
There would be no prejudice to the public interest by allowing such
records to be submitted under seal, the Court says.
Grand Isle provides oilfield and construction services.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4eODRN at no extra
charge.[CC]
GREENSKY INC: Bid to Exclude Williams Report Tossed
---------------------------------------------------
In the class action lawsuit captioned as ELIZABETH BELYEA, et al.,
v. GREENSKY, INC., et al., Case No. 3:20-cv-01693-JSC (N.D. Cal.),
the Hon. Judge Jacqueline Scott Corley entered an order denying
GreenSky's motion to exclude the report of Dr. Williams.
The Court grants GreenSky's motion for summary judgment on all
performance fee-related claims, Ms. Barnes's UCL claim predicated
on section 22305, Mr. Ferguson and Ms. Barnes's UCL claims
predicated on section 22400, and Mr. Ferguson's claim for
injunctive relief.
The Court otherwise denies GreenSky's motion for summary judgment.
The Court grants Plaintiffs' motion for class certification.
Accordingly, Plaintiffs' Credit Act, UCL, and Unjust Enrichment
claims are certified as to the following class:
"All persons who secured in California, between Jan. 9, 2016,
and the present, a GreenSky Consumer Program loan for which
the loan principal amount was $500 or higher and the
associated transaction fee was at least 1% of the loan
principal amount."
The class definition has certain exclusions. The Court appoints
Gibbs Law Group LLP, Cohen Milstein Sellers & Toll PLLC, and Bell
Law, LLC, as Class Counsel. A further case management conference is
set for February 13, 2025, at 1:30 p.m. by Zoom video. An
updated joint case management conference statement, which shall
include a proposed case schedule through trial, is due Feb. 6,
2025. In the meantime, the parties should meet and confer on the
form of class notice and include it with the case management
conference statement.
The Plaintiffs shall also attach to the statement a proposed form
of verdict.
Dr. Williams ran "five separate common-impact analyses" to verify
"at least a portion of the GreenSky transaction fees were passed
through to all Class Members." So, in accordance with the
literature both parties cite, Dr. Williams's methodology to
determine common impact was reliable. So, the Court denies
GreenSky's motion to exclude Dr. Williams's opinion as to
transaction fees.
While individualized questions as to damages may preclude class
certification, they are not a basis for challenging the reliability
of Dr. Williams's assessment of classwide damages. So, the Court
denies GreenSky's motion to exclude Dr. Williams's opinion on
performance fees.
In January 2020, Elizabeth Belyea filed this putative class action
in the Superior Court for the County of San Francisco, alleging
GreenSky fails to comply with state lending, credit servicing, and
consumer protection laws.
GreenSky, Inc. operates as a technology company in the payment,
credit, and commerce space.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xM2PbJ at no extra
charge.[CC]
GROWER'S SOLUTION: Fails to Pay Proper Wages, Romelyn Says
----------------------------------------------------------
SARAH ROMEYN, individually and on behalf of all others similarly
situated, Plaintiff v. GROWER'S SOLUTION, LLC; and ROGER FISK,
Defendants, Case No. 2:25-cv-00016 (M.D. Tenn., March 5, 2025)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Romelyn was employed by the Defendants as a staff.
Grower's Solution, LLC, manufactures greenhouse film and coverings.
[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
Cooper Mays, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
Attorneys at Law
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
Email: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
cmays@jsyc.com
GT OF PALM BEACH: Svonkin Files Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against GT of Palm Beach
Inc., et al. The case is styled as Rose Svonkin, Jennifer Svonkin,
Crystal Waters, individually and on behalf of all similarly
situated v. GT of Palm Beach Inc. doing business as Palm Beach
Mitsubishi, Does 1-25, inclusive, Case No. 2:25-cv-01732-SVW-AJR
(C.D. Cal., Feb. 27, 2025).
The nature of suit is stated as Other Fraud.
GT of Palm Beach Inc. doing business as Palm Beach Mitsubishi --
https://www.palmbeachmitsubishi.com/ -- is a premier dealership for
every Mitsubishi needs in Palm Beach, Lake Worth Beach, and
Wellington, Florida.[BN]
The Plaintiffs are represented by:
Eric Bensamochan, Esq.
2566 Overland Avenue, Suite 650
Los Angeles, CA 90064
Phone: (818) 574-5740
Fax: (818) 961-0138
Email: eric@eblawfirm.us
HECLA MINING: Dismissed of Securities Suit Under Appeal
-------------------------------------------------------
Hecla Mining Company disclosed in its Form 10-Q report for the
fiscal year ended December 31, 2024, filed with the Securities and
Exchange Commission on February 15, 2025, that it is facing a
putative class action lawsuit filed by a purported Hecla
stockholder on May 24, 2019 in the U.S. District Court for the
Southern District of New York against Hecla and certain of its
executive officers, one of whom is also a director.
The complaint was dismissed by the Federal District Court with
prejudice on September 30, 2024. On October 28, 2024, the
plaintiffs filed a notice of appeal with the United States Court of
Appeals for the Second Circuit.
The complaint, purportedly brought on behalf of all purchasers of
Hecla common stock from March 19, 2018 through and including May 8,
2019, asserts claims under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder and seeks, among other things, damages and costs and
expenses. Specifically, the complaint alleges that Hecla, under the
authority and control of the individual defendants, made certain
material false and misleading statements and omitted certain
material information regarding Hecla's Nevada Operations.
The complaint alleges that these misstatements and omissions
artificially inflated the market price of Hecla common stock during
the class period, thus purportedly harming investors. The court
granted the company's Motion to Dismiss the lawsuit, without
prejudice, in February 2023, and the plaintiffs filed an amended
complaint in March 2023 which repeats the same claims.
Hecla Mining Company is the oldest operating precious metals mining
company in the United States and the largest silver producer in the
United States, producing over 45% of the U.S. silver production at
our Greens Creek and Lucky Friday operations.
Related to this class action lawsuit, Hecla has been named as a
nominal defendant in a shareholder derivative lawsuit which also
names as defendants certain current and past (i) members of
Hecla’s board of directors and (ii) officers of Hecla. The case
was filed on May 4, 2022 in the Delaware Chancery Court. In general
terms, the suit alleges breaches of fiduciary duties by the
individual defendants, waste of corporate assets and unjust
enrichment, and seeks damages, purportedly on behalf of Hecla.
Hecla Mining Company is the oldest operating precious metals mining
company in the United States and the largest silver producer in the
United States, producing over 45% of the U.S. silver production at
our Greens Creek and Lucky Friday operations.
HENRY MAYO: Fails to Pay OT Wages Under FLSA, McNabb Alleges
------------------------------------------------------------
KATINA MCNABB, individually and for others similarly situated v.
HENRY MAYO NEWHALL MEMORIAL HOSPITAL, Case No. 2:25-cv-01833 (C.D.
Cal., Mar. 3, 2025) alleges that Defendant failed to pay overtime
under the Fair Labor Standards Act and the California Labor Code.
According to the complaint, Henry Mayo employed McNabb as one of
its Straight Time Employees. Henry Mayo pays McNabb and the other
Straight Time Employees by the hour. The Straight Time Employees
regularly work more than 8 hours a day and 40 hours a week. But
Henry Mayo does not pay McNabb and the other Straight Time
Employees overtime at 1.5 times their regular rate of pay when they
work more than 8 hours a day or 40 hours a week, the lawsuit says.
Instead, Henry Mayo misclassifies McNabb and the other Straight
Time Employees as independent contractors and pays McNabb and the
other Straight Time Employees the same hourly rate for all hours
worked up to 12 in a day (Henry Mayo's "straight time for overtime"
pay scheme), the lawsuit adds.
Henry Mayo operates a 357-bed hospital, employs more than 1,800
employees, and provides "critical life-saving services and
specialized care" including an "emergency department that is open
24/7."[BN]
The Plaintiff is represented by:
William M. Hogg, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: whogg@mybackwages.com
HERSHEY COMPANY: Seeks More Time to File Class Cert Response
------------------------------------------------------------
In the class action lawsuit captioned as NATHAN VIDAL, DEBRA
KENNICK, ABDJUL MARTIN, and EDUARDO GRANADOS, on behalf of
themselves and all other similarly situated individuals, v. THE
HERSHEY COMPANY, Case No. 0:24-cv-60831-MD (S.D. Fla.), the
Defendant asks the Court to enter an order granting a four-week
extension of time to file its response to the Plaintiffs' motion
for class certification, to and including April 4, 2025.
Hershey needs additional time to ensure its response to the Motion
is appropriate, fully protects Hershey’s interests in connection
with this important Motion, and will be helpful to the Court in
deciding these important issues.
This proposed deadline for Hershey to oppose class certification
would be consistent with the deadline the Court set for Hershey to
file a motion for class decertification of April 7, 2025. The
proposed deadline would also be consistent with (and slightly
shorter than) the parties’ agreed and jointly proposed deadline
in their Proposed Scheduling Order that Hershey be permitted 45
days to file its response to the Motion for Class Certification.
This is Hershey's first request for an extension of time to respond
to the Motion for Class Certification.
The extension is not sought for any improper purpose, will not
prejudice any of the parties to this action, will not unduly delay
this action, and will not interfere with any other deadlines set by
the Court.
The proposed class action was brought by four different Plaintiffs
purportedly involving multiple Hershey products, to wit: "Reese's
Medal, Reese’s Peanut Butter Pumpkins, Reese's White Pumpkins,
Reese's Pieces Pumpkins, Reese's Peanut Butter Ghost, Reese's White
Ghost, Reese's Peanut Butter Bats, Reese's Peanut Butter footBalls,
and Reese's Peanut Butter Shapes Assortment Snowmen Stockings
Bells."
Hershey is an American multinational confectionery company.
A copy of the Plaintiff's motion dated Feb. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ulKsuC at no extra
charge.[CC]
The Defendant is represented by:
Daniel B. Rogers, Esq.
Eben S. Flaster, Esq.
Amir M. Nassihi, Esq.
Anitra R. Clement, Esq.
SHOOK HARDY & BACON LLP
Citigroup Center, Suite 3200
201 S. Biscayne Boulevard
Miami, FL 33131
Telephone: (305) 358-5171
E-mail: drogers@shb.com
eflaster@shb.com
anassihi@shb.com
aclement@shb.com
HP INC: Class Settlement in Carvalho Suit Gets Initial Nod
----------------------------------------------------------
In the class action lawsuit captioned as RODNEY CARVALHO, et al.,
v. HP, INC., Case No. 5:21-cv-08015-PCP (N.D. Cal.), the Hon. Judge
P. Casey Pitts entered an order granting motion for preliminary
approval of class action settlement:
1. The Settlement is preliminarily approved as fair,
reasonable, and adequate such that notice thereof should be
given to members of the Settlement Class.
2. Under Federal Rule of Civil Procedure 23(b)(3), the
Settlement Class, as set forth in Section 1.28 of the
Settlement Agreement and defined as follows, is
preliminarily certified for the purpose of settlement only.
The Settlement Class includes:
"Individuals nationwide who purchased a Settlement Class
Product during the Settlement Class Period."
Settlement Class Products mean the HP desktop computers,
laptops, mice, and keyboards that were offered on sale more
than 75% of the time the products were offered for sale
during the Settlement Class Period, as identified in Exhibit
E, attached to the Settlement Agreement.
Excluded from the Class are individuals who (1) purchased
more than two of the same Settlement Class Product in the
same order; (2) are employees of HP and members of his/her
immediate family; (3) are judicial officers presiding over
the action and members of their immediate family and
judicial staff; (4) are counsel of record for the Parties,
and their respective law firms; or (5) timely and properly
exclude themselves from the Settlement Class.
3. The Plaintiffs are appointed as adequate representatives of
the Settlement Class. EDGE, A Professional Law Corporation,
and Capstone Law APC, are appointed as Class Counsel to
represent the proposed Settlement Class.
4. A final approval hearing will be held on Aug. 21, 2025, at
10:00 AM.
HP Inc. is an American multinational information technology
company.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UhMTzr at no extra
charge.[CC]
HPC INDUSTRIAL: Filing for Class Cert Bid Due March 23, 2026
------------------------------------------------------------
In the class action lawsuit captioned as TRAVIS LONGLEY, et al., v.
HPC INDUSTRIAL SERVICES, LLC, et al., Case No.
1:24-cv-00860-KES-CDB (E.D. Cal.), the Hon. Judge entered a class
certification scheduling order as follows:
Class Certification Discovery Deadlines:
Fact Discovery: Jan. 15, 2026
Mid-Disc. Status Conf.: Nov. 19, 2025
Expert Disclosures: Jan. 29, 2026
Rebuttal Disclosures: Feb. 12, 2026
Expert Discovery: March 12, 2026
Class Certification Motion Deadlines:
Filing: March 23, 2026
Opposition: April 23, 2026
Reply: May 4, 2026
Hearing (CDB): June 8, 2026, 10:30 a.m.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PL5QRb at no extra
charge.[CC]
HUMMUS FIT: Web Site Not Accessible to the Blind, Wee-Ellis Says
----------------------------------------------------------------
MELCHION WEE-ELLIS, individually and on behalf of all others
similarly situated, Plaintiff v. HUMMUS FIT CORPORATION, Defendant,
Case No. 1:25-cv-01227 (E.D.N.Y., March 4, 2025) alleges violation
of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://myhummusfit.com, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Hummus Fit Corporation specializes in delivering nutritious,
chef-crafted meals nationwide, ensuring that healthy eating is both
convenient and delicious. [BN]
The Plaintiff is represented by:
Michael H. Cohen, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street
Flushing, NY 11367
Telephone: (917) 437-3737
Email: mcohen@ealg.law
IGENOMIX USA: Faces M.M. Suit Over Mislabeled PGT-A Testing
-----------------------------------------------------------
M.M.; KATIE HERRERO; JAIME MAGNETICO-WALSH; Y.C.; SOUPHARACK
VANNASING; EVETTE SMITH; and COURTNEY ZIELLER, individually and on
behalf of all others similarly situated, Plaintiffs v. IGENOMIX
USA, INC.; VITROLIFE GROUP; VITROLIFE AB; and VITROLIFE, INC.,
Defendants, Case No. 1:25-cv-21008-XXXX (S.D. Fla., March 4, 2025)
is an action against the Defendants' false, deceptive, unfair, and
misleading advertising marketing, and promotion of preimplantation
genetic testing for aneuploidy ("PGT-A" or "PGT-A testing").
The Plaintiff alleges in the complaint that the Defendants are
engaged in deceptive business practices arising from their
marketing and sale of PGT-A testing as a proven, accurate, and
reliable method to decrease the chance of miscarriage and increase
the chance of giving birth to a healthy baby when science does not
support this.
The Defendants' misleading statements and omissions are false and
misleading to any reasonable consumer because PGT-A is unproven,
inaccurate, and unreliable, says the suit.
Igenomix USA, LLC operates as a medical testing laboratory. The
Company specializes in reproductive genetic services. Igenomix USA
serves customers worldwide. [BN]
The Plaintiffs are represented by:
James S. Constable, Esq.
Allison S. Freeman, Esq.
CONSTABLE LAW, P.A.
139 6 th Avenue S
Safety Harbor, FL 34695
Telephone: (727) 797-0100
Email: james@constable-law.com
allison@constable-law.com
- and -
Shanon J. Carson, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Email: scarson@bm.net
- and -
Paula S. Bliss, Esq.
JUSTICE LAW COLLABORATIVE LLC
210 Washington St.
No. Easton, MA 02356
Telephone: (508) 230-2700
Email: paula@justicelc.com
IGLOO PRODUCTS: Cooler Products Lack Hazard Warnings, Trainor Says
------------------------------------------------------------------
KATHRYN TRAINOR, individually and on behalf of all others similarly
situated, Plaintiff v. IGLOO PRODUCTS CORP., Defendant, Case No.
2:25-cv-00941 (E.D. Pa., February 21, 2025) is a class action
lawsuit brought under the Pennsylvania Unfair Trade Practice and
Consumer Protection Law on behalf of Plaintiff and all others
similarly situated who purchased the Defendant's Recalled Coolers
that allegedly have a tow handle that can pinch consumers'
fingertips against the cooler, posing fingertip amputation and
crushing hazards.
According to the complaint, the Defendant didn't notify Plaintiff
and similarly situated consumers of the Product's fingertip
amputation and crushing hazard through the product labels,
instructions, other packaging, advertising, or in any other
manner.
Because Plaintiff and all consumers purchased the alleged dangerous
Products, which they purchased under the presumption that the
Products were safe, they have suffered losses. As a result of the
losses, the Plaintiff seeks damages and equitable remedies.
Igloo Product Corp. manufactures and designs coolers. The Company
offers beverage and thermo electric coolers, bags, hard and soft
coolers, chairs, tents, drinkware, parts, and accessories. Igloo
Products serves customers worldwide.[BN]
The Plaintiff is represented by:
Stuart A. Carpey, Esq.
CARPEY LAW, P.C.
600 W. Germantown Pike, Suite 400
Plymouth Meeting, PA 19462
Telephone: (610) 834-6030
Facsimile: (610) 825-7579
E-mail: scarpey@carpeylaw.com
IMPORT GLOBAL: Expert Discovery Deadline in Ronin Due Dec. 4
------------------------------------------------------------
In the class action lawsuit captioned as Ronin Factory, LLC, v.
Import Global, LLC, Abraham Habosha, and Lindsay Miller, Case No.
1:24-cv-24700-RNS (S.D. Fla.), the Hon. Judge Robert Scola, Jr.
entered a scheduling Order as follows:
April 3, 2025 Deadline to join additional parties or to
amend pleadings.
June 5, 2025 Deadline to file joint interim status report.
Oct. 16, 2025 Deadline for the filing of all dispositive
motions.
Oct. 30, 2025 Deadline to complete mediation, consistent
with the Order of Referral to Mediation.
Dec. 4, 2025 Deadline to complete all expert discovery.
December 16, 2025 Deadline for the filing of pretrial motions,
including motions in limine and Daubert
motions.
The action is set for trial during the two-week trial period
beginning on February 17, 2026, at the Wilkie D. Ferguson, Jr.
United States Courthouse, 400 N. Miami Avenue, Courtroom 12-3,
Miami, Florida.
Calendar call will be held at the same location at 9:00 a.m. on the
preceding Tuesday, February 10, 2026. A pretrial conference will be
held immediately following calendar call only if requested by the
parties in advance.
A copy of the Court's order dated Feb. 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PVwPCC at no extra
charge.[CC]
INNA CHERN: Faces Fernandez Suit Over Blind-Inaccessible Website
----------------------------------------------------------------
DEVIN FERNANDEZ, individually and on behalf of all others similarly
situated, Plaintiff v. INNA CHERN DDS, P.C., Defendant, Case No.
2:25-cv-01097 (E.D.N.Y., February 26, 2025) is a class action
against the Defendants for violations of Title III of the Americans
with Disabilities Act and the New York City Human Rights Law, and
declaratory relief.
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,
www.newyorkgeneraldentistry.com, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of
their online goods, content, and services offered to the public
through the website. The accessibility issues on the website
include but not limited to: missing alt-text, hidden elements on
web pages, incorrectly formatted lists, unannounced pop ups,
unclear labels for interactive elements, and the requirement that
some events be performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Inna Chern DDS, P.C. is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
INTER-CON SECURITY: Fails to Pay Proper Wages, Robinson Alleges
---------------------------------------------------------------
CARLISSA ROBINSON; and JERMANY GOODMAN, individually and on behalf
of all others similarly situated, Plaintiff v. INTER-CON SECURITY
SYSTEM, INC., Defendant, Case No. 2:25-cv-02248-SHL-tmp (W.D.
Tenn., March 5, 2025) seeks to recover from the Defendant unpaid
wages and overtime compensation, interest, liquidated damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
The Plaintiffs were employed by the Defendant as security guards.
Inter-Con Security Systems, Inc. provides physical security
services. The Company offers security personnel and management,
executive protection programs, risk assessments, tactical exercise
plans and programs, emergency medical services, classified
information safeguarding, and investigations. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
Cooper Mays, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
Attorneys at Law
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
Email: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
cmays@jsyc.com
IRAN: Final Judgment on Nantz's Claims Entered
----------------------------------------------
In the class action lawsuit captioned as ALAN BURKS, et al., v.
ISLAMIC REPUBLIC OF IRAN, et al., Case No. 1:16-cv-01102-CRC
(D.D.C.), the Hon. Judge Christopher Cooper will stay the entry of
final judgment as to Plaintiff Nantz's claims and grant the other
Plaintiffs' motion for default judgment.
A separate order accompanies this Memorandum Opinion, along with a
separate order detailing the appointment of a special master to
make recommendations to the Court on the issue of damages.
Thus, as to all Plaintiffs except Nantz, "Iran's liability has
already been established" by the Court's prior conclusions of law.
Karcher, 396 F. Supp. 3d at 59. Therefore, the Court will grant the
Plaintiffs' motion for default judgment on the liability issue.
The Plaintiffs request that the Court appoint Deborah Greenspan as
Special Master to receive evidence concerning their damages and
prepare proposed findings and recommendations for the Court’s
consideration.
The Court has appointed Ms. Greenspan to serve as a special master
in several recent cases and finds that she has done exemplary work.
The Plaintiffs are a group of U.S. servicemen (and their families
and estates) who were killed or injured in terrorist attacks in
Iraq from late 2006 to 2007 involving explosive devices known as
explosively formed penetrators ("EFPs").
The Defendants Islamic Republic of Iran and Iranian Revolutionary
Guard Corps have failed to appear, and default has been entered. In
a prior opinion in this case, the Court addressed Plaintiffs’
motions for a default judgment as to liability and to certify a
class under Federal Rule of Civil Procedure 23.1.
With respect to three of the four Plaintiffs, the Court concluded
that it had subject matter jurisdiction pursuant to the Foreign
Sovereign Immunities Act ("FSIA") and that, because Plaintiffs had
properly effected service, the Court had personal jurisdiction over
Iran.
A copy of the Court's memorandum opinion dated Feb. 27, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=YrmkxB
at no extra charge.[CC]
J. DOERER: Judge Recommends Class Cert Denial
---------------------------------------------
In the class action lawsuit captioned as JEFF KILE, v. J. DOERER,
Case No. 1:24-cv-01177-KES-SAB (E.D. Cal.), the Hon. Judge Stanley
Boone recommended that the Plaintiff's motion for class
certification be denied.
This Findings and Recommendation will be submitted to the United
States District Judge assigned to the case, pursuant to the
provisions of 28 U.S.C. section 636(b)(l).
Within 14 days after being served with this Findings and
Recommendation, the Plaintiff may file written objections with the
Court, limited to 15 pages in length, including exhibits.
The document should be captioned "Objections to Magistrate Judge's
Findings and Recommendation."
The Plaintiff is advised that failure to file objections within the
specified time may result in the waiver of rights on appeal.
The Plaintiff simply cannot "fairly and adequately protect the
interests of the class," as required by Rule 23(a)(4) of the
Federal Rules of Civil Procedure. Therefore, the Plaintiff's motion
for class certification must be denied.
The Plaintiff is proceeding pro se and in forma pauperis in this
civil rights action. Currently before the Court is Plaintiff's
motion for class certification, filed February 20, 2025. The
Plaintiff submits that "there are at least 27 Plaintiffs that filed
substantially the same claims in this Court and the class extends
to approximately one thousand people."
A copy of the Court's recommendation dated Feb. 25, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=wdtOdu
at no extra charge.[CC]
J.A.M. ENTERPRISES: Battle Files Suit in N.D. Illinois
------------------------------------------------------
A class action lawsuit has been filed against J.A.M. Enterprises,
LLC. The case is styled as Andre Battle, on behalf of himself and
all others similarly situated v. J.A.M. Enterprises, LLC, Case No.
1:25-cv-02044 (N.D. Ill., Feb. 27, 2025).
J.A.M. Enterprises, LLC specializes in high performance, durable,
and decorative surface coatings.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
HOROWITZ LAW, PLLC
14441 70th Road
Flushing, NY 11367
Phone: (718) 705-8706
Fax: (718) 705-8705
Email: uri@horowitzlawpllc.com
JAMES KOUTOULAS: Sheeler Seeks to Disqualify Class Reps
-------------------------------------------------------
In the class action lawsuit captioned as ERIC DE FORD, SUSAN BADER,
SHAWN R. KEY, Individually and on Behalf of All Others Similarly
Situated, v. JAMES KOUTOULAS, and LGBCoin, LTD, Case No.
6:22-cv-00652-PGB-DCI (M.D. Fla.), the Movant requests that the
Court grant motion to intervene pursuant to Rule 24 and allow them
further move to disqualify the Plaintiffs as unsuitable Class
Representatives and further move to be appointed substitute interim
Lead Plaintiffs.
Movant does not understand how this Court has allowed this case to
continue against Mr. Koutoulas for over 400 docket entries and
almost three years in Movants' names in light of:
-- Plaintiff's admissions the damages were NASCAR’s fault;
-- Multiple shotgun pleadings filed by Plaintiffs’ Counsel;
-- Admissions from Plaintiffs’ Counsel and Plaintiffs that
LGBcoin
is not a security;
-- The existence of meme coins for over 14 years with none being
held a security by a US court;
-- and ample written and sworn deposition evidence of NASCAR's
improper revocation of its sponsorship approved coupled with
malicious defamation being available to Plaintiffs’ Counsel
for
years.
The Movant, Albert Sheeler, a citizen of New York, appearing pro
se, is an interested non-party to this matter who spent $193,427.42
buying LGBcoins- over six (6) times the aggregate amount alleged by
the three (3) proposed Class Representatives for a net loss of
$145,279.33 or 4.8 times on a net basis.
Accordingly, Movant has an unconditional right to intervene in this
matter under FRCP Rule 24(a). Movant is a retail purchaser who
bought LGBcoin on secondary markets before ever communicating with
or meeting Mr. Koutoulas.
Movant has reviewed the depositions of all three proposed Class
Representatives, and none of them make a single statement that
supports their classification of LGBcoin as a security even if they
were direct purchasers from Mr. Koutoulas or LGBcoin, LTD, which
they admit they were not.
The Plaintiffs' misguided attempts to classify LGBcoin as a
security would result in it being illegal to trade in the U.S.
given there is no facility to trade registered meme coin
securities, and would impair Movant’s interest in LGBcoin’s
successor coin, LETSGO, as well as Plaintiffs’ own interests.
A copy of the Plaintiff's motion dated Feb. 24, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=1mKgMi at no extra
charge.[CC]
JB HUNT: Case Management Order Entered in Duran Class Suit
----------------------------------------------------------
In the class action lawsuit captioned as FRANCESCA DURAN, v. J.B.
HUNT TRANSPORT, INC. et al., Case No. 1:23-cv-09707-JGK-GWG
(S.D.N.Y.), the Hon. Judge Gabriel Gorenstein entered a case
management order as follows:
All pre-trial applications, including those relating to scheduling
and discovery, shall be made to the undersigned (except motions to
dismiss or for judgment on the pleadings, for injunctive relief,
for summary judgment, or for class certification). All applications
must comply with this Court's Individual Practices, which are
available through the Clerk's Office or at:
https://nysd.uscourts.gov/hon-gabriel-w-gorenstein.
All deadlines set in this case remain in effect. Any application
for an extension must be made as soon as the cause for the
extension becomes known to the party making the application and
must be made in accordance with ¶ 1.E of the Court's Individual
Practices.
The parties are required to make affirmative attempts to settle
this matter through discussions among counsel. If the parties are
unable to settle the case by such means, they are required to use
mediation to assist them in achieving settlement. Mediation may be
undertaken by means of private mediation or Court-supervised
mediation, which includes the Court's mediation program or
potentially a conference before the undersigned.
Discovery motions -- that is, any application pursuant to Rules 26
through 37 or 45 -- not only must comply with ¶ 2.A. of the
Court’s Individual Practices but also must be made promptly after
the cause for such a motion arises. In addition, absent
extraordinary circumstances no such application will be considered
if made later than 30 days prior to the close of discovery.
Untimely applications will be denied.
J.B. Hunt is an American transportation and logistics company.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tVokgT at no extra
charge.[CC]
JOHN STEWART COMPANY: Schwartz Files Suit in Cal. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against John Stewart Company,
et al. The case is styled as Aaron D. Schwartz, individually, and
on behalf of all others similarly situated v. John Stewart Company,
Does 1 through 10, inclusive, Case No. CGC25622803 (Cal. Super.
Ct., San Francisco Cty., Feb. 27, 2025).
The case type is stated as "Other Non-Exempt Complaints."
John Stewart Company -- https://jsco.net/ -- is a full-service
housing management, development, and consulting organization
employing almost 1,500 people state-wide.[BN]
The Plaintiff is represented by:
Seung Lyun Yang, Esq.
THE SENTINEL FIRM, APC
355 S Grand Ave., Ste. 1450
Los Angeles, CA 90071-3152
Phone: 213-985-1150
Email: seung.yang@thesentinelfirm.com
JOHNSON & JOHNSON: NJ Court Pushes Mediation in Consumer Suit
-------------------------------------------------------------
Johnson & Johnson disclosed in its Form 10-K for the fiscal year
ended December 29, 2024, filed with the Securities and Exchange
Commission on February 15, 2025, that in February 2024, fact
discovery was closed, where the United States District Court for
the District of New Jersey ordered the parties to mediate, and
stayed the case pending mediation.
In May 2024, the parties participated in an unsuccessful mediation
and in June 2024, the parties requested that the case remain
stayed, except for certain limited discovery, pending a decision
from the Third Circuit on the petition. Briefing on the 23(f)
petition was completed in September 2024. In January 2025, the
Third Circuit listed the appeal for oral argument this month.
In February 2018, a securities class action lawsuit was filed
against the company and certain named officers, alleging that it
violated the federal securities laws by failing to disclose alleged
asbestos contamination in body powders containing talc, primarily
"JOHNSON'S Baby Powder," and that purchasers of the company's
shares suffered losses as a result.
In April 2019, the company moved to dismiss the complaint. In
December 2019, the court denied, in part, the motion to dismiss. In
April 2021, briefing on plaintiff's motion for class certification
was completed. The case was stayed in May and was reopened in May
2023. In December 2023, the court granted plaintiff's motion for
class certification.
In January 2024, defendants filed a petition with the Third Circuit
under Federal Rule of Civil Procedure 23(f) for permission to
appeal the court's order granting class certification.
Johnson & Johnson is a multinational, pharmaceutical and medical
technologies corporation headquartered in New Brunswick, New
Jersey.
JOHNSON CONTROLS: Counsel Must Confer Novin Effect in Halfter
-------------------------------------------------------------
In the class action lawsuit captioned as JEFFREY S. HALFTER, v.
JOHNSON CONTROLS, INC., Case No. 1:24-cv-01047-MMG (S.D.N.Y.), the
Hon. Judge Margaret Garnett entered an order that counsel in the
three cases shall meet and confer regarding the effect of Novin on
the cases.
The counsel must also submit a joint letter, no later than March 4,
2025, of no more than five pages and providing the parties' views
on whether the First-to-File rule applies, and, if so, whether the
Court should
(1) stay the cases pending relevant events in Novin (such as,
e.g., a ruling on motions to dismiss or motions for class
certification);
(2) transfer the cases to the Eastern District of Wisconsin for
potential consolidation with Novin; or
(3) dismiss without prejudice the cases as later-filed.
By way of Defendant's motion to dismiss Plaintiff Riccitelli's
complaint, the Court has become aware of a pending action in the
Eastern District of Wisconsin, Novin, et al. v. Johnson Controls,
Inc., Case No. 2:24-cv-00046-PP, filed on Jan. 12, 2024, which
purports to be a class action on behalf of all Johnson Controls
employees subject to the incentive compensation plans for a range
of products.
Johnson Controls is a global diversified technology and industrial
business company.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6op0HY at no extra
charge.[CC]
JOHNSON CONTROLS: Counsel Must Confer on Novin Effect in Pagano
---------------------------------------------------------------
In the class action lawsuit captioned as FRANCESCO P. PAGANO, v.
JOHNSON CONTROLS, INC., Case No. 24-CV-01020 (MMG) (S.D.N.Y.), the
Hon. Judge Margaret Garnett entered an order that counsel in the
three cases shall meet and confer regarding the effect of Novin on
the cases.
The counsel must also submit a joint letter, no later than March 4,
2025, of no more than five pages and providing the parties' views
on whether the First-to-File rule applies, and, if so, whether the
Court should
(1) stay the cases pending relevant events in Novin (such as,
e.g., a ruling on motions to dismiss or motions for class
certification);
(2) transfer the cases to the Eastern District of Wisconsin for
potential consolidation with Novin; or
(3) dismiss without prejudice the cases as later-filed.
By way of Defendant's motion to dismiss Plaintiff Riccitelli's
complaint, the Court has become aware of a pending action in the
Eastern District of Wisconsin, Novin, et al. v. Johnson Controls,
Inc., Case No. 2:24-cv-00046-PP, filed on Jan. 12, 2024, which
purports to be a class action on behalf of all Johnson Controls
employees subject to the incentive compensation plans for a range
of products.
Johnson Controls is a global diversified technology and industrial
business company.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=abw9Pa at no extra
charge.[CC]
KNOX COUNTY, IL: Filing for Class Cert Bid in Hans Due May 21
-------------------------------------------------------------
In the class action lawsuit captioned as Hans v. Sheriff of Knox
County, et al., Case No. 4:24-cv-04037 (C.D. Ill., Filed Feb. 16,
2024), the Hon. Judge James E. Shadid entered an order amending the
case management schedule and setting the following deadlines:
(1) Close of discovery on class April 22, 2025
maintainability and Plaintiff's
individual claim on:
(2) Filing of Motion for class May 21, 2025
certification by:
The nature of suit states Prisoner Civil Rights.
Knox County is a county in the U.S. state of Illinois.[CC]
KOLD TRANS: Bid for Class Cert. Continued to April 24
-----------------------------------------------------
In the class action lawsuit captioned as Bennie Hamilton v. Kold
Trans, LLC, et al., Case No. 5:21-cv-01859 (C.D. Cal., Filed Nov.
2, 2021), the Hon. Judge Maame Ewusi-Mensah Frimpo entered an order
granting the Parties request that the Court continue the hearing on
the Motion for Class Certification.
-- The hearing on the motion for class certification is continued
to April 24, 2025, at 10:00 a.m.
-- Counsel shall take notice of this new date, and no appearances
are necessary on April 17, 2025.
-- Furthermore, the Court notes that there was a previously filed
version of the Motion for Class Certification, which the
parties then revised.
-- The first motion for class certification is denied as moot.
The nature of suit states labor litigation.
Kold is an active carrier, broker in Salt Lake City, Utah.[CC]
KONICA MINOLTA: Cezus Must File Class Cert Bid by April 30
----------------------------------------------------------
In the class action lawsuit captioned as CEZUS v. KONICA MINOLTA
BUSINESS SOLUTIONS U.S.A. INC., Case No. 2:21-cv-00792-JXN-LDW
(D.N.J.), the Hon. Judge Leda Dunn Wettre entered an order setting
class certification schedule as follows:
1. The Plaintiff's motion for class April 30, 2025
Certification shall be served
But not filed on or before:
2. The Defendant's opposition to the June 20, 2025
motion for class certification
shall be served but not filed
on or before:
Konica is a Japanese multinational technology company.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XhKKyy at no extra
charge.[CC]
The Plaintiff is represented by:
Donna H. Clancy, Esq.
THE CLANCY LAW FIRM, P.C.
40 Wall Street, 61st Floor
New York, NY 10005
Telephone: (212) 747-1744
Facsimile: (646) 205-3956
E-mail: dhc@dhclancylaw.com
LA ESPERANZA ENTERPRISES: Faces Hernandez Suit in Calif. Super.
---------------------------------------------------------------
A class action has been filed against La Esperanza Enterprises,
Inc. captioned as MARIA HERNANDEZ, individually and on behalf of
all others similarly situated, Plaintiff v. LA ESPERANZA
ENTERPRISES, INC.; LA ESPERANZA ENTERPRISES LLC; JORGE PLASENCIA;
and DOES 1-20, Defendants, Case No. 25CV002380 (Cal. Super.,
Sacramento Cty., Jan. 29, 2025). The case is assigned to Judge
Lauri A. Damrell.
La Esperanza Enterprises, Inc. operates as a bakery in Sacramento,
Ca. [BN]
The Plaintiff is represented by Eric Trabucco., Esq.
LABORATORY CORPORATION: Cruz Suit Removed to C.D. California
------------------------------------------------------------
The case captioned as Miguel Angel Rosado Cruz, as an individual
and on behalf of all similarly situated employees v. LABORATORY
CORPORATION OF AMERICA; and DOES 1 to 50, inclusive, Case No.
CIVSB2433552 was removed from the Superior Court of the State of
California, County of San Bernardino, to the U.S. District Court
for the Central District of California on Feb. 27, 2025, and
assigned Case No. 5:25-cv-00530.
The Plaintiff alleges six causes of action on a class basis during
the putative class period. The caption of the Complaint states that
it is a Class Action Complaint For Damages and asserts the
following class claims: Failure to Pay All Wages Including Minimum
Wages and Overtime Wages; Failure to Provide Meal Periods; Failure
to Provide Rest Periods; Failure to Timely Pay Wages at Separation;
Failure to Provide Accurate Itemized Wage Statements; Unfair
Business Practices in Violation of Business & Professions
Code.[BN]
The Defendants are represented by:
Ferry E. Lopez, Esq.
Paul M. Suh, Esq.
K&L GATES LLP
10100 Santa Monica Blvd., 8th Floor
Los Angeles, CA 90067
Phone: 310.553.500
Facsimile: 310.553.5001
Email: ferry.lopez@klgates.com
paul.suh@klgates.com
LANGUAGE LINE: Class Settlement in Oliveira Suit Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit captioned as SHARON OLIVEIRA, et al.,
v. LANGUAGE LINE SERVICES, INC., et al., Case No. 5:22-cv-02410-PCP
(N.D. Cal.), the Hon. Judge P. Casey Pitts entered an order
granting motion for final approval of settlement and granting in
part motion for attorneys’ fees, costs, and service awards:
1. The Court confirms its conditional certification of the
California Settlement Class and FLSA Collective for
settlement purposes only.
2. The Court grants final approval of the parties' settlement
agreement.
3. The Court awards class counsel $1,117,500 in attorneys'
fees.
4. The Court awards class counsel costs of up to $50,000.
5. The Court awards named plaintiffs Sharon Oliveira and Simone
Franco de Andrade Boyce each a service award of $5,000, and
awards each of the six early opt-in plaintiffs a service
award of $1,500.
6. The Court grants the request for settlement administration
costs up to $50,000.
7. The individuals who requested to opt out of the California
Class are excluded from the Class.
8. The individuals who did not opt into the FLSA Settlement are
excluded from the Collective.
Because the requirements of Rules 23(a) and 23(b)(3) are satisfied,
the Court confirms its grant of class certification for settlement
purposes only, the Court says.
The Plaintiffs allege that the Defendants failed to pay them
minimum and overtime wages earned, failed to provide compliant rest
and meal breaks, and failed to provide accurate wage statements.
As part of the settlement approval process, the Plaintiffs
requested certification of three classes:
(1) the FLSA Collective, which includes all current and former
OLI or LLS employee interpreters in the United States from
Apr. 18, 2020, to Apr. 1, 2024, and those who opted in
after notice was issued;
(2) the California Class, which includes all current and former
OLI or LLS employee interpreters in California from Apr.
18, 2018 to Apr. 1, 2024, and those who did not opt out
after notice was issued; and
(3) the Aggrieved Employees subclass which includes all current
and former OLI or LLS employee interpreters in California
who were nonexempt or hourly-paid employees from Nov. 16,
2021 through Apr. 1, 2024.
Ms. Oliveira was employed in California from Nov. 21, 2018 to May
31, 2019 and then in Ohio from June 1, 2019 to Nov. 30, 2020.
Language Line offers document translation, video interpretation,
sign language, and face-to-face interpretation services in
different languages.
A copy of the Court's order dated Feb. 24, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SlQQqD at no extra
charge.[CC]
LINCARE INC: Court Certifies Two Classes in Morris Lawsuit
----------------------------------------------------------
In the class action lawsuit captioned as JANET MORRIS, v. LINCARE,
INC., Case No. 8:22-cv-02048-CEH-AAS (M.D. Fla.), the Hon. Judge
Charlene Edwards Honeywell entered an order granting the
Plaintiff's motion for class certification:
1. The Court certifies the following classes:
Telephone Consumer Protection Act (TCPA) Class:
"All persons within the United States whose cellular
telephone number was provided to the Defendant by American
HomePatient, Inc., and who, within the four years prior to
the filing of this lawsuit, received one or more prerecorded
voice calls, on their cellular telephone, requesting a
return call to Defendant."
Florida Telephone Solicitations Act (FTSA) Class:
"All persons with a Florida area code whose cellular
telephone number was provided to the Defendant by American
HomePatient, Inc., and who, since July 1, 2021 through the
filing of this lawsuit, received one or more prerecorded
calls, on their cellular telephone, requesting a return call
to the Defendant."
2. The Court approves Janet Morris as Class Representative and
Her counsel, Manuel S. Hiraldo and the law firm of Hiraldo,
P.A., as Class Counsel.
3. The parties are provided 30 days from the date of this Order
to confer on a class notice plan and issues that may arise
associated with the administration of the class, including
the form and content of the notice, and the establishment of
an opt-out period and procedure, and shall advise the Court
of these efforts and whether there are issues that require
the Court's resolution.
Lincare offers respiratory care, infusion therapy, and medical
equipment to patients.
A copy of the Court's order dated Feb. 25, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PeqTQR at no extra
charge.[CC]
LMM RAINBOW: Faces Sambula Suit Over Unpaid Minimum, OT Wages
-------------------------------------------------------------
WILFREDO SAMBULA, EZRI URQUIA, and SANDRA CAMPOS, on behalf of
themselves and others similarly situated, Plaintiffs v. MICHAEL
MIZHIRITSKY, MICHAEL MARGARYAN, FERNANDO ZAVALA, and LMM RAINBOW
CAR WASH LLC d/b/a RAINBOW CAR WASH, Defendants, Case No.
2:25-cv-00988 (E.D.N.Y., February 21, 2025) is brought under the
Fair Labor Standards Act and the New York Labor Law arising from
Defendants: (i) unpaid wages for overtime work performed, (ii)
unpaid spread of hours wages for each day Plaintiffs worked 10 or
more hours, and (iii) unpaid minimum wages.
Accordingly, the plaintiffs seek liquidated damages for failure to
pay overtime premium and spread of hours pay; liquidated damages
for failure to furnish Plaintiff a notice and acknowledgment at the
time of hiring; attorneys' fees; interest; damages for falsely
filing tax returns; and all costs and disbursements associated with
this action.
The Plaintiffs are current and former employees of the Defendants
whose duties include intaking, drying, and cleaning vehicles.
LMM Rainbow Car Wash LLC, d/b/a Rainbow Car Wash, is a car wash and
detailing center based in Hicksville, New York.[BN]
The Plaintiffs are represented by:
Marcus Monteiro, Esq.
MONTEIRO & FISHMAN LLP
91 N. Franklin Street, Suite 108
Hempstead, NY 11550
Telephone: (516) 280-4600
Facsimile: (516) 280-4530
E-mail: mmonteiro@mflawny.com
LOS ANGELES PRODUCE: Faces Coast Citrus Suit Over PACA Trust Assets
-------------------------------------------------------------------
COAST CITRUS DISTRIBUTORS, INC. D/B/A OLYMPIC FRUIT & VEGETABLE, a
California Corporation, Plaintiff v. LOS ANGELES PRODUCE
DISTRIBUTORS, LLC, a California limited liability company, MATTHEW
CLARK, an Individual, SILO TECHNOLOGIES, INC., a foreign
corporation, ASHTON M. BRAUN, an Individual, and DOES 1 THROUGH 20,
each individually, Defendants, Case No. 4:25-cv-00805-KAW (N.D.
Cal., January 23, 2025) is brought by the Plaintiff under the
statutory trust created under the Perishable Agricultural
Commodities Act (PACA) and its statutory trust.
The Plaintiff is engaged in the business of buying and selling
wholesale quantities of perishable agricultural commodities
("Produce") in interstate and foreign commerce.
Between July 15, 2024, and August 27, 2024, the Plaintiff sold to
the Company, and Company purchased from Plaintiff, Produce having
an aggregate value of $288,078.25, as reflected in the statements
of account and representative invoices. The Defendants are in
possession, custody and control of all assets derived from the
Company's sale of Produce for the benefit of the Plaintiff and
other similarly situated PACA trust beneficiaries.
The complaint alleges that the Defendants failed to deliver to the
Plaintiff sufficient funds from the PACA Trust Assets from the
shipment of Produce and failed to preserve sufficient amounts of
the PACA Trust Assets to fully satisfy all qualified PACA trust
claims, such as the Plaintiff's unpaid claims asserted in this
action.
As a direct result of Defendants' failure to properly protect the
PACA Trust Assets from dissipation, the Plaintiff suffered damages
for unpaid invoices which are covered under the PACA trust in the
current aggregate amount of $288,078.25, plus further interest at
the contract rate of 1.5% per month and costs of collection,
including attorney's fees, says the suit.
Los Angeles Produce Distributors, LLC buys and sells wholesale
quantities of perishable agricultural commodities in both
interstate and foreign commerce.[BN]
The Plaintiff is represented by:
Craig A. Stokes, Esq.
STOKES LAW OFFICE LLP
P.O. Box 6909
San Antonio, TX 78209-0909
Telephone: (210) 742-2789
Facsimile: (210) 822-2595
E-mail: cstokes@stokeslawoffice.com
LOVE TENDER: Stewart Sues to Recover Unpaid Minimum, Overtime Wages
-------------------------------------------------------------------
Jossette Stewart, individually and on behalf of all other persons
similarly situated who were employed by LOVE TENDER CARE HOME CARE
LLC and/or any other entities affiliated with or controlled by LOVE
TENDER CARE HOME CARE LLC v. LOVE TENDER CARE HOME CARE LLC, and
any related entities, and NICOLE P. RICHARDSON, Case No.
3:25-cv-00289 (D. Conn., Feb. 27, 2025), is brought pursuant to the
Fair Labor Standards Act (the "FLSA") and the Connecticut Minimum
Wage Act (the "CMWA") to recover unpaid wages including unpaid
regular wages, minimum wages, and overtime compensation.
Though the Plaintiff worked well in excess of 40 hours per week for
Defendants, she was never paid overtime at the rate of one and
one-half times her regular rate of pay for all overtime hours
worked. The Plaintiff was not paid at her regular rate of pay, or
at the minimum wage rate, for all hours that she worked, says the
complaint.
The Plaintiff is currently a resident of Hartford County,
Connecticut, and was employed by Defendants as a home health aide
from April 2024 until May 2024.
Love Tender Care Home Care LLC is a domestic corporation organized
and existing under the laws of the State of Connecticut.[BN]
The Plaintiff is represented by:
Alanna R. Sakovits, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Phone: (212) 943-9080
Fax: (212) 943-9082
Email: asakovits@vandallp.com
LOYA CASUALTY: Marroquin Plaintiffs Seeks to Strike Docket 41
-------------------------------------------------------------
In the class action lawsuit captioned as Jose Marroquin and Juan
Gonzalez, individually and on behalf of all other similarly
situated, v. Loya Casualty Insurance Company, Case No.
5:23-cv-00927-SPG-SHK (C.D. Cal.), the Plaintiffs ask the Court to
enter an order granting motion to strike docket 41.
On Feb. 21, 2025, the Plaintiffs filed the Notice of Motion and
Motion to File Document Motion for Class Certification under seal
and included the unredacted exhibits for the Court. Then, that same
day, the Plaintiffs filed a Notice of Motion and Motion to Certify
Class, which included the redacted versions of the exhibits for the
Court.
However, after submitting both dockets, Plaintiffs realized they
had filed both motions without first submitting the Application and
Declaration for Leave to file a Motion under seal.
The Plaintiffs are currently working to finalize the Application
and Declaration for Leave to file and respectfully request that the
Court strike Docket 41 so Plaintiffs may preserve the
confidentiality designations of Defendant until this Court's ruling
on the Application.
A copy of the Plaintiffs' motion dated Feb. 25, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xdIxg2 at no extra
charge.[CC]
The Plaintiffs are represented by:
Ryan L. McBride, Esq.
KAZEROUNI LAW GROUP, APC
301 E. Bethany Home Road, Suite C-195
Phoenix, AZ 85012
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ryan@kazlg.com
MAEV INC: Tucker Seeks Equal Website Access for Blind Users
-----------------------------------------------------------
HENRY TUCKER, on behalf of himself and all other persons similarly
situated, Plaintiff v. MAEV, INC., Defendant, Case No.
1:25-cv-01516 (S.D.N.Y., February 21, 2025) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://www.meetmaev.com/, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State General Business
Law.
During Plaintiff's visits to the website, the last occurring on
February 19, 2025, in an attempt to purchase Raw Food from
Defendant and to view the information on the website, the Plaintiff
encountered multiple access barriers that denied him a shopping
experience similar to that of a sighted person and full and equal
access to the goods and services offered to the public and made
available to the public. The Plaintiff has suffered and continues
to suffer frustration and humiliation as a result of the
discriminatory conditions present on Defendant's website, says the
suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Maev, Inc. operates the Meet Maev online interactive website and
retail store across the United States.[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
E-mail: Michael@Gottlieb.legal
Dana@Gottlieb.legal
Jeffrey@Gottlieb.legal
MARAVAI LIFESCIENCES: Faces Nelson Suit Over Share Price Drop
-------------------------------------------------------------
SHAJI NELSON, individually and on behalf of all others similarly
situated v. MARAVAI LIFESCIENCES HOLDINGS, INC., WILLIAM E. MARTIN,
III, and KEVIN HERDE, Case No. 3:25-cv-00499-AGS-AHG (S.D. Cal.,
Mar. 3, 2025) is a class action on behalf of persons and entities
that purchased or otherwise acquired Maravai securities between
August 7, 2024, and February 24, 2025, inclusive, pursuing claims
against the Defendants under the Securities Exchange Act of 1934.
On Feb. 25, 2025, before the market opened, Maravai announced it
was postponing its fiscal 2024 earnings release and would delay
filing its annual report on Form 10-K for the fiscal year ended
December 31, 2024.
The Company had identified an error in revenue recognition that
"resulted in approximately $3.9 million in revenue being recorded
in the final week of the second quarter of 2024 upon shipment when
it should have been recorded in the first week of the third quarter
of 2024 upon receipt by the customer."
The Company had identified "a material weakness in its internal
controls over revenue recognition." Maravai also required
additional time to "complete its assessment of a potential non-cash
impairment charge related to goodwill associated with its previous
acquisition of Alphazyme LLC."
On this news, the Company's share price fell $0.87, or 21.70%, to
close at $3.14 per share on Feb. 25, 2025, on unusually heavy
trading volume. Throughout the Class Period, the Defendants made
materially false and/or misleading statements, as well as failed to
disclose material adverse facts about the Company’s business,
operations, and prospects.
Specifically, the Defendants failed to disclose to investors that
Maravai lacked adequate internal controls over financial reporting
related to revenue recognition, says the suit.
Maravai is a life sciences company which provides products to
enable the development of drug therapies, diagnostics, novel
vaccines, and support research on human diseases worldwide.[BN]
The Plaintiff is represented by:
Robert V. Prongay, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: rprongay@glancylaw.com
prajesh@glancylaw.com
- and -
Frank R. Cruz, Esq.
THE LAW OFFICES OF FRANK R. CRUZ
2121 Avenue of the Stars, Suite 800
Century City, CA 90067
Telephone: (310) 914-5007
MATANUSKA-SUSITNA: Court Certifies Student Subclass in Land Suit
----------------------------------------------------------------
In the class action lawsuit captioned as L. SHANE LAND,
individually and as the parents of T.L., a minor child, on behalf
of themselves all those similarly situated, et al., v.
MATANUSKA-SUSITNA BOROUGH SCHOOL DISTRICT, et al., Case No.
3:23-cv-00272-SLG (D. Alaska), the Hon. Judge Sharon Gleason
entered an order
granting motion for class certification of the student subclass:
The Court certifies class action, with the subclass defined as:
"All current MSBSD students with an identified disability
(including students with an IEP or 504 plan) who have been
subjected to a "restraint" or "seclusion" by District
personnel, as those terms are defined under AS 14.33.125(g)."
The Court also appoints Plaintiff T.L. (by and through his parents,
L. Shane Land and Christi Angelo) as the class representative.
Matanuska-Susitna is a school district based in the city of Palmer,
Alaska. It serves 40 schools across Mat-Su Borough.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bMtzpB at no extra
charge.[CC]
MATTRESS FIRM: Hernandez Sues Over Online Store's Access Barriers
-----------------------------------------------------------------
TIMOTHY HERNANDEZ, individually and on behalf of all others
similarly situated, Plaintiff v. MATTRESS FIRM, INC., Defendant,
Case No. 1:25-cv-01092 (E.D.N.Y., February 26, 2025) is a class
action against the Defendants for violations of Title III of the
Americans with Disabilities Act and the New York City Human Rights
Law, and declaratory relief.
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,
www.mattressfirm.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
Mattress Firm, Inc. is a company that sells online goods and
services in New York. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
MDL 2599: Plaintiffs' Bid for Class Certification Partly OK'd
-------------------------------------------------------------
In the class action lawsuit RE: Takata Airbag Products Liability
Litigation, Case No. 1:15-md-02599-FAM (S.D. Fla.), the Hon. Judge
Federico Moren entered an order:
1. The Plaintiffs' Motion for Class Certification is granted in
part.
2. The Plaintiffs' request to certify their Multistate Fraud
Class pursuant to Federal Rule of Civil Procedure 23(b)(3)
is granted in part. The Plaintiff Paulette Calhoun and all
Georgia purchasers are excluded from the class. The
Plaintiff Daphne Bridges is designated as the class
representative for:
"A1l persons who, prior to the date on which the Class
Vehicle was recalled, bought a Class Vehicle in the state of
North Carolina, Colorado, Utah, Virginia, West Virginia, or
Wisconsin and who (i) still own the Class Vehicle, or (i)
sold the Class Vehicle after the date on which the Class
Vehicle was recalled, or (ii) following an accident, whose
Class Vehicle was declared a total loss after the date on
which the Class Vehicle was recalled."
3. The Plaintiffs' request to certify a single-state class for
the Plaintiff Susan Knapp's common law fraud and statutory
claims under Iowa Law pursuant to Federal Rule of Civil
Procedure23(b)(3) is granted.
4. The Plaintiffs' request to certify a single-state class for
the Plaintiff Bettie Taylor's breach of implied warranty
claims under Mississippi Law pursuant to Federal Rule of
Civil Procedure 23(b)(3)is granted.
5. The Plaintiffs' request to certify a single-state class for
The Plaintiff Daphne Bridges' statutory claim under the
North Carolina Unfair and Deceptive Trade Practices Act
pursuant to Federal RuleofCivilProcedure23(b)(3)is granted.
A copy of the Court's order dated Feb. 26, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=67K6xO at no extra
charge.[CC]
MDL 2873: Exposes Firefighters to Harmful Chemicals, Rocha Says
---------------------------------------------------------------
JAMES ROCHA, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No.
2:25-cv-00451-RMG (D.S.C., January 23, 2025) is a class action
brought by the Plaintiff for damages for personal injury resulting
from exposure to aqueous film-forming foams and firefighter turnout
gear containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and in extinguishing fires during his working
career as a military and/or civilian firefighter. He was diagnosed
with prostate cancer as a result of exposure to Defendants' AFFF
products, says the suit.
The Rocha case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
MDL 2873: Faces Kwiek Suit Over Exposure to Toxic Chemicals
-----------------------------------------------------------
KENNETH KWIEK, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No.
2:25-cv-00449-RMG (D.S.C., January 23, 2025) is a class action
brought by the Plaintiff for damages for personal injury resulting
from exposure to aqueous film-forming foams and firefighter turnout
gear containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and in extinguishing fires during his working
career as a military and/or civilian firefighter. He was diagnosed
with prostate cancer as a result of exposure to Defendants' AFFF
products, says the suit.
The Kwiek case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
MDL 2873: Hammond Seeks Damages From Exposure to Aqueous Foams
--------------------------------------------------------------
PAUL HAMMOND, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No.
2:25-cv-00452-RMG (D.S.C., January 23, 2025) is a class action
brought by the Plaintiff for damages for personal injury resulting
from exposure to aqueous film-forming foams and firefighter turnout
gear containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and in extinguishing fires during his working
career as a military and/or civilian firefighter. He was diagnosed
with prostate cancer as a result of exposure to Defendants' AFFF
products, says the suit.
The Hammond case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
MDL 2873: Hawfield Seeks Damages From Exposure to Aqueous Foams
---------------------------------------------------------------
DARIN HAWFIELD, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No.
2:25-cv-00450-RMG (D.S.C., January 23, 2025) is a class action
brought by the Plaintiff for damages for personal injury resulting
from exposure to aqueous film-forming foams and firefighter turnout
gear containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and in extinguishing fires during his working
career as a military and/or civilian firefighter. He was diagnosed
with testicular cancer as a result of exposure to Defendants' AFFF
products, says the suit.
The Hawfield case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Telephone: (216) 815-9000
Facsimile: (216) 274-9365
MDL 2873: Mueller Says Illness Caused by Toxic Chemical Exposure
----------------------------------------------------------------
CYNTHIA MUELLER, Plaintiff v. 3M COMPANY, f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS, INC.; ALLSTAR
FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA US, INC.; ARKEMA,
INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER
GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS INC.;
CHEMGUARD, INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA,
INC.; CHUBB FIRE, LTD; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS,
INC.; DU PONT DE NEMOURS, INC., f/k/a DowDuPont, Inc.; DYNAX
CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC;
GLOBE MANUFACTURING COMPANY, LLC; HONEYWELL INTERNATIONAL INC.,
HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; L.N. CURTIS;
MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC;
MORNING PRIDE MANUFACTURING, LLC; MUNICIPAL EMERGENCY SERVICES;
NARCOTE LLC d/b/a Stedfast USA, Inc. and NARCOTE CANADA CORPORATION
f/k/a Stedfast, Inc., CORPORATION; and NARCOTE HOLDING NATION FORD
CHEMICAL COMPANY; NATIONAL FOAM, INC., a/k/a Chubb National Foam;
RICOCHET MANUFACTURING COMPANY, INC.; SAFETY COMPONENTS, INC. and
SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS INC.
d/b/a Tencate Protective Fabrics; SPERIAN PROTECTIVE APPAREL USA,
LLC; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY
FC, LLC; THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; TYCO FIRE
PRODUCTS, LP; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITIES AMERICAS CORPORATION, INC., f/n/a GE Interlogix, Inc.;
VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; and W.L. GORE &
ASSOCIATES, INC. Defendants, Case No. 2:25-cv-00456-RMG (D.S.C.,
January 23, 2025) is a class action against the Defendants for
personal injury damages resulting from exposure to aqueous
film-forming foams containing the toxic chemicals collectively
known as per- and polyfluoroalkyl substances.
According to the complaint, PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. The Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
The Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products, directly and proximately,
caused him to develop the serious medical conditions and
complications, says the suit.
Plaintiff Mueller lived directly at the bottom of the hill from
Chesapeake Beach Naval Research Lab, and was thereby directly
exposed to, AFFF through the ground water, and environment. The
Plaintiff was diagnosed with thyroid cancer as a result of exposure
to Defendants' AFFF products, and brings this action due to
personal injuries sustained as a result of exposure to Defendants
AFFF containing PFAS.
The Mueller case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Charles R. Houssiere, III, Esq.
HOUSSIERE, DURANT & HOUSSIERE, LLP
1990 Post Oak Blvd., Suite 800
Houston, TX 77056-3812
Telephone: (713) 626-3700
Facsimile: (713) 626-3709
E-mail: choussiere@hdhtex.com
MVHS INC: Gaetano Files ERISA Class Suit
----------------------------------------
JOHN GAETANO, BERTHA NOGAS KATHI MARTIN, and MARYANNE TAVERNE,
individually and on behalf of all others similarly situated,
Plaintiffs v. MVHS, Inc., Defendant, Case No. 6:25-cv-00118-AJB-TWD
(N.D.N.Y., January 23, 2025) is brought under the Employee
Retirement Income Security Act of 1974 against the Defendant for
breaching its fiduciary duties in the management, operation and
administration of the MVHS, Inc. 401(k) Plan (formerly Faxton-St.
Luke's Healthcare 401(k) Plan).
In this case, the Defendant allegedly failed to meet its fiduciary
obligations in basic ways. First, the Plan offered and maintained
higher cost share classes when identical lower cost share classes
of the same mutual funds were available. This resulted in the
participants paying additional unnecessary operating expenses with
no value to the participants and resulting in a loss of compounded
returns. Second, the Defendant failed to monitor the Plan's fees
and expenses. As a result, the Plan kicked back payments to
recordkeepers and other non-parties from the retirement savings of
the Hospital's employees in excessive amounts. Third, the Defendant
breached its fiduciary duties by choosing to utilize forfeited
funds in the Plan for its benefit rather than in the interest of
the participants and beneficiaries.
Although ERISA requires Defendants to defray the Plan's expenses,
and although the Plan permits Defendant to use the forfeited funds
to pay Plan expenses, throughout the Class Period, the Defendant
declined to use any forfeited funds for that purpose. Instead, the
Defendant chose to use the forfeitures for their own interest, to
the detriment of the Plan and its participants, by allocating all
forfeitures toward reducing its own outstanding and unpaid
contributions owing to the Plan, says the suit.
The Plaintiffs were employees at the Hospital, and participants in
the Plan.
MVHS, Inc. is a non-profit system providing health services.[BN]
The Plaintiffs are represented by:
Gustavo F. Bruckner, Esq.
Samuel J. Adams, Esq.
Ankita Sangwan, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: gfbruckner@pomlaw.com
sjadams@pomlaw.com
asangwan@pomlaw.com
MYRTLE BEACH, SC: Daniel Suit Removed to D. South Carolina
----------------------------------------------------------
The case is styled as James Daniel, individually and on behalf of
all others similarly situated v. City of Myrtle Beach, South
Carolina; Lanier Parking Meter Services LLC; Lanier Parking
Holdings Inc.; Case No. 2025-CP-26-00425 was removed from the Horry
County Common Pleas, to the U.S. District Court for the District of
South Carolina on Feb. 27, 2025.
The District Court Clerk assigned Case No. 4:25-cv-01231-SAL to the
proceeding.
The lawsuit nature of suit is stated as Other P.I.
Myrtle Beach -- https://www.cityofmyrtlebeach.com/ -- a city and
vacation resort on South Carolina's Atlantic coast, is the hub of
the Grand Strand, a 60-mile string of beaches.[BN]
The Plaintiff is represented by:
Gene McCain Connell, Jr., Esq.
Lisa Poe Davis, Esq.
KELAHER CONNELL AND CONNOR
PO Drawer 14547
Surfside Beach, SC 29587
Phone: (843) 238-5648
Email: gconnell@classactlaw.net
ldavis@classactlaw.net
The Defendants are represented by:
Kerry K. Jardine, Esq.
GORDON REES SCULLY MANSUKHANI
677 King Street, Suite 450
Charleston, SC 29403
Phone: (843) 853-1525
Email: kjardine@grsm.com
NATURE'S TRUTH: Smith Sues Over Misleading Dietary Supplement Ads
-----------------------------------------------------------------
TIFFINI SMITH and MAGGY GOUSSE on behalf of themselves and all
others similarly situated, Plaintiffs v. NATURE'S TRUTH INC.
Defendant, Case No. 2:25-cv-01536 (C.D. Cal., February 23, 2025) is
a proposed class action on behalf of a nationwide and California
class of consumers, including Plaintiffs, seeking redress for
Defendant's deceptive practices associated with the advertising,
labeling, and sale of its Triple Strength Apple Cider Vinegar
Dietary Supplement in violation of California's Business and
Professions Code and the California Civil Code.
The Defendant markets, advertises, and sells a line of Apple Cider
Vinegar capsules. The Product's principal display panel claims that
it is Apple Cider Vinegar. The Supplement Fact Section states that
each serving contains 1,200 mg of Apple Cider Vinegar. By law, any
product claiming to be Apple Cider Vinegar must contain a minimum
of 4% acetic acid. Anything less, the product is not and cannot be
called Apple Cider Vinegar and its content rendered inefficacious
and worthless.
The Plaintiffs conducted analytical testing on 12 representative
samples of Nature's Truth's Apple Cider Vinegar Gummies which
reveal that the Products consist of approximately only 2% acetic
acid, rendering their contents to be worthless and their claim to
be "Apple Cider Vinegar" false, misleading, deceptive and unlawful,
says the suit.
As a result of this false and misleading labeling, Defendant was
able to sell its Products to thousands of unsuspecting consumers
throughout California and the United States.
Nature's Truth, Inc. sells a wide variety of dietary supplements
across the United States, including in California.[BN]
The Plaintiffs are represented by:
Michael D. Braun, Esq.
KUZYK LAW, LLP
2121 Avenue of the Stars, Ste. 800
Los Angeles, CA 90067
Telephone: (213) 401-4100
E-mail: mdb@kuzykclassactions.com
NEUTRON HOLDINGS: Faces Mullen Suit in Calif. Super.
----------------------------------------------------
A class action has been filed against Neutron Holdings, Inc.
captioned as DARIUS MULLEN, individually and on behalf of all
others similarly situated, Plaintiff v. NEUTRON HOLDINGS, INC.;
LIME NEUTRON LLC; and DOES 1-10, Defendants, Case No. 25CV002496
(Cal. Super., Sacramento Cty., Jan. 29, 2025).
The case is assigned to Lauri A. Damrell.
Neutron Holdings, Inc., doing business as Lime, operates as an
electrical vehicle company. The Company offers convenient and
reliable short-term rentals of electric bikes and scooters. [BN]
The Plaintiff is represented by Orlando Jose Villalba, Esq.
NORTH AMERICAN: Fails to Secure Personal Info, Pilavian Says
------------------------------------------------------------
ALEC PILAVIAN, individually and on behalf of all others similarly
situated, v. NORTH AMERICAN BREAKER COMPANY, LLC, Case No.
8:25-cv-00402 (C.D. Cal., Mar. 3, 2025) arises from the Defendant's
failure to secure the personally identifiable information of
Plaintiff and the members of the proposed Class.
According to the complaint, the Plaintiff provided his PII directly
to Defendant as a condition of receiving employment with the
Defendant. On Aug. 26, 2024, the Defendant became aware of
suspicious activity on its network. The Defendant determined that
between August 25 and August 26, 2024, an unauthorized actor
acquired files off its system, which contained the PII of
individuals that was being stored on the Defendant's network (Data
Breach).
On Feb. 17, 2025, the Defendant sent a Notice of Data Breach letter
to Plaintiff and Class Members, informing them about the Data
Breach. The PII intruders accessed and infiltrated from Defendant's
systems included individuals' names and Social Security numbers. As
a result of the Data Breach, which the Defendant failed to prevent,
the PII of individuals including Plaintiff (and Class Members) was
stolen, says the suit.
Instead, the Defendant disregarded the rights of Plaintiff and
Class Members by intentionally, willfully, recklessly, and/or
negligently failing to implement reasonable measures to safeguard
PII and by failing to take necessary steps to prevent unauthorized
disclosure of that information. The Defendant's woefully inadequate
data security measures made the Data Breach a foreseeable, and even
likely, consequence of its negligence, the suit alleges.
The Defendant is a wholesale distributor for electronic
components.[BN]
The Plaintiff is represented by:
Kristen Lake Cardoso, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: cardoso@kolawyers.com
NOSTRAND II MEAT: Failed to Pay OT Wages, Matute Suit Alleges
-------------------------------------------------------------
CARLOS DANILO MATUTE, individually and on behalf of all others
similarly situated v. NOSTRAND II MEAT CORP., 1421, CORP. and
JAMALL 1 CORP. d/b/a THE MEAT PLACE and PETER SILLS and STANLEY
LORMESTIL, as individuals, Case No. 1:25-cv-01177 (E.D.N.Y., Mar.
3, 2025) alleges that the Defendants willfully failed to pay the
Plaintiff's overtime wages for hours worked in excess of 40 hours
per week at a wage rate of one and a half times the regular wage,
pursuant to the Fair Labor Standards Act and New York Labor Law.
The Plaintiff, residing in Brooklyn, New York, was employed by the
Defendants from May 2019 until January 2025.
The Defendants operate a meat shop.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
NOURES FOOD: Fails to Pay OT Wages, Matute Class Suit Alleges
-------------------------------------------------------------
WILDER LENIN SANCHEZ MATUTE, individually and on behalf of all
others similarly situated v. NOURES FOOD CORP. and TOOFAN FOOD
CORP. d/b/a C-TOWN SUPERMARKETS, QASED ABDELHAMID, SAMER
ABDELHAMID, RAED ISMAIL and NOURES ABDELHAMID, as individuals, Case
No. 1:25-cv-01178 (E.D.N.Y., Mar. 3, 2025) alleges that the
Defendants suffered and permitted the Plaintiff and the Collective
Class to work more than 40 hours per week without appropriate
overtime compensation pursuant to the Fair Labor Standards Act and
New York Labor Law.
The Plaintiff brings this action on behalf of himself, and other
employees similarly situated as authorized under the FLSA. The
employees similarly situated are:
"All persons who are or have been employed by the Defendants as
meat cutters, butchers, cleaners, or other similarly titled
personnel with substantially similar job requirements and pay
provisions, who were performing the same sort of functions
for Defendants, other than the executive and management
positions, who have been subject to the Defendants' common
practices, policies, programs, procedures, protocols and plans
including willfully failing and refusing to pay required
minimum and overtime wage compensation."
The Plaintiff was employed by the Defendants as meat cutter,
butcher and cleaner, while performing other miscellaneous duties,
from September 2021 until August 2024.
The Plaintiff regularly worked six days per week from in or around
September 2021 until in or around August 2024.
During the Plaintiff's employment, the Plaintiff was paid by
Defendants a flat weekly rate of approximately $800.00 per week
from in or around September 2021 until in or around February 2024
and approximately $1,000.00 per week from in or around March 2024
until in or around August 2024.
Although Plaintiff worked approximately 62 hours each week from in
or around September 2021 until in or around February 2024 and
approximately 72 hours per week from in or around March 2024 until
in or around August 2024, the Defendants did not pay Plaintiff time
and a half for hours worked over 40, a blatant violation of the
overtime provisions contained in the FLSA and NYLL, says the suit.
NOURES FOOD CORP. is a supermarket company. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
PARK AVENUE: Website Inaccessible to the Blind, Williams Says
-------------------------------------------------------------
MILTON WILLIAMS, on behalf of himself and all other persons
similarly situated v. PARK AVENUE DERMATOLOGY ASSOCIATES, P.C.,
Case No. 1:25-cv-01797 (S.D.N.Y., Mar. 3, 2025) contends that the
Defendant failed to design, construct, maintain, and operate its
interactive website, https://www.parkderm.com/, to be fully
accessible to and independently usable by the Plaintiff and other
blind or visually-impaired persons, in violation of the Americans
with Disabilities Act.
During the Plaintiff's visits to the Website, the last occurring on
February 21, 2025, in an attempt to purchase a Park Ave. Derm Eye
Crème from Defendant and to view the information on the Website,
the Plaintiff encountered multiple access barriers that denied
Plaintiff a shopping experience similar to that of a sighted person
and full and equal access to the goods and services offered to the
public and made available to the public; and that denied Plaintiff
the full enjoyment of the goods, and services of the Website by
being unable to purchase a Park Ave. Derm Eye Crème, as well as
other products available online and to ascertain information
relating to Defendant's: skincare products, as well as other types
of goods, locations and hours of operation of their physical stores
and directions thereto, pricing, privacy policies and internet
pricing specials.
Accordingly, the Plaintiff has suffered and continues to suffer
frustration and humiliation as a result of the discriminatory
conditions present on the Defendant's Website. These discriminatory
conditions continue to contribute to Plaintiff's sense of isolation
and segregation, the suit asserts.
The Plaintiff seeks a 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 consumers.
The Defendant operates the Park Derm online retail store and
physical medical clinic and retail establishment, as well as the
Park Derm interactive Website and advertises, markets, and operates
in the State of New York and throughout the United States.[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
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
POWERSCHOOL HOLDINGS: Fails to Secure Personal Info, Suit Says
--------------------------------------------------------------
A.C. and C.C., minors, by and through their parent ANDREW COOK,
individually and on behalf of all others similarly situated, v.
POWERSCHOOL HOLDINGS, INC. and POWERSCHOOL GROUP LLC, Case No.
3:25-cv-00501-AJB-DEB (C.D. Cal., Mar. 3, 2025) alleges that
Defendant failed to secure and safeguard the personally
identifiable information of over 60 million individuals who are
customers of the company.
PowerSchool headquartered in Folsom, California is one of the
school data software companies, providing database and data storage
goods and services to both current and former schools, students,
parents, and teachers worldwide.
In the regular course of its business, PowerSchool is required to
maintain reasonable and adequate security measures to secure,
protect, and safeguard their customers’ PII against unauthorized
access and disclosure. The Defendant required its customers to
provide it with their sensitive PII and failed to protect it.
Defendant had an obligation to secure their customers’ PII by
implementing reasonable and appropriate data security safeguards.
This was part of the bargain between Plaintiffs and Class Members
and Defendant, says the suit.
The Plaintiff contends that the Defendant could have prevented the
Data Breach by properly monitoring their file software.
Andrew Cook was an individual citizen residing in Ohio. His minor
children, the Plaintiffs in this action, are also citizens and
residents of the State of Ohio, and attend a school that uses
PowerSchool products. As a result, PowerSchool maintains his minor
children's information.
The Defendant has operated at various school districts and schools
throughout the state of North Carolina, including schools within
Forsyth County, North Carolina.[BN]
The Plaintiff is represented by:
Brian O. O'Mara, Esq.
Steven M. Jodlowski, Esq.
Amy E. Keller, Esq.
Nada Djordjevic, Esq.
Madeline Hills, Esq.
Corban S. Rhodes, Esq.
DICELLO LEVITT LLP
4747 Executive Drive, Suite 240
San Diego, CA 92121
Telephone.: (312) 214-7900
E-mail: briano@dicellolevitt.com
stevenj@dicellolevitt.com
akeller@dicellolevitt.com
ndjordjevic@dicellolevitt.com
crhodes@dicellolevitt.com
RANDOLPH-MACON COLLEGE: Senior Balks at Blind-Inaccessible Website
------------------------------------------------------------------
MILAGROS SENIOR, on behalf of herself and all other persons
similarly situated, Plaintiff v. RANDOLPH-MACON COLLEGE, Defendant,
Case No. 1:25-cv-01521 (S.D.N.Y., February 23, 2025) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://www.rmc.edu, 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 and The
Rehabilitation Act of 1973.
During Plaintiff's visits to the website, including on January 10,
2025, and the last occurring on January 11, 2025, in an attempt to
purchase among other things a RMC Reversible Scarf from Defendant,
and to view the information on the website, the Plaintiff
encountered multiple access barriers that denied her a shopping and
recreational experience similar to that of a sighted person and
full and equal access to the goods and services offered to the
public and made available to the public.
The Plaintiff has been discriminated against by Defendant's conduct
and violations of the statues and regulations by being treated
unequally from sighted persons due to her disability and that
Plaintiff has suffered and continues to suffer injury as a result
of Defendant's discriminatory practices, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Randolph-Macon College is a private liberal arts college that
operates the interactive website and retail store across the United
States.[BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Dana@Gottlieb.legal
Jeffrey@Gottlieb.legal
Michael@Gottlieb.legal
ROYAL-TL INC: Web Site Not Accessible to the Blind, Jones Says
--------------------------------------------------------------
CLAY LEE JONES, individually and on behalf of all others similarly
situated, Plaintiff v. ROYAL-TL, INC., Defendant, Case No.
1:25-cv-01842 (S.D.N.Y., March 5, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.thierrylasry.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Royal-TL, Inc. is an online store for handmade sunglasses featuring
blend of vintage and contemporary design elements. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
S.E.A. WAVE: Cantwell Seeks Equal Website Access for the Blind
--------------------------------------------------------------
LISA CANTWELL, individually and on behalf of all others similarly
situated, Plaintiff v. S.E.A. WAVE JEWELRY WHOLESALE, INC.,
Defendant, Case No. 1:25-cv-01234 (E.D.N.Y., Mar. 4, 2025) alleges
violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.seawavediamonds.com, is not fully or equally accessible
to blind and visually-impaired consumers, including the Plaintiff,
in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
S.E.A. Wave Jewelry Wholesale, Inc. is engaged in the wholesale
distribution of jewelry, precious stones and metals, costume
jewelry, watches, clocks, and silverware. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
SCANPAN USA: Web Site Not Accessible to the Blind, Fernandez Says
-----------------------------------------------------------------
FELIPE FERNANDEZ, individually and on behalf of all others
similarly situated, Plaintiff v. SCANPAN USA, INC., Defendant, Case
No. 1:25-cv-01849 (S.D.N.Y., March 5, 2025) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.scanpan.com, is not fully or equally accessible to blind
and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Scanpan USA, Inc. sells non-stick frying pans, saucepans, Dutch
ovens, griddles, woks and roasting pans. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
SIMPLILEARN AMERICAS: Korn Sues Over Disclosed App Users' Info
--------------------------------------------------------------
JUSTIN KORN, individually and on behalf of all others similarly
situated, Plaintiff v. SIMPLILEARN AMERICAS INC., Defendant, Case
No. 1:25-cv-10461-NMG (D. Mass., February 26, 2025) is a class
action against the Defendant for violations of Video Privacy
Protection Act.
According to the complaint, the Defendant has disclosed to third
parties, including Amplitude and WebEngage, the personally
identifiable information (PII) of its mobile application users
without consent. The Defendant incorporates third parties'
application programming interfaces (APIs) into its app, which
enables third parties to see everything that customers do. As a
result, the Defendant violated the Plaintiff's and the Class
members' statutorily protected privacy rights, says the suit.
Simplilearn Americas Inc. is an online learning platform company
that provides professional certification courses, with its
headquarters in Plano, Texas. [BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7127
Facsimile: (212) 989-9163
Email: ykopel@bursor.com
SIX CONTINENTS: Records Phone Calls Without Consent, Kauffman Says
------------------------------------------------------------------
DAVID KAUFFMAN, individually and on behalf of all others similarly
situated, Plaintiff v. SIX CONTINENTS HOTELS, INC. & HOLIDAY INN
CLUB VACATIONS INCORPORATED, Defendants, Case No.
3:25-cv-00424-JLS-DDL (S.D. Cal., February 26, 2025) is a class
action against the Defendants for unlawful recording of cellular
telephone calls under the California Penal Code.
According to the complaint, the Defendants are engaged in the
practice of recording cellular calls with consumers in an attempt
to promote its products or services without obtaining prior
consent. As a result, the Plaintiff and the Class are harmed.
Six Continents Hotels, Inc. is a hospitality company, headquartered
in Georgia.
Holiday Inn Club Vacations Incorporated is a hospitality company,
headquartered in Florida. [BN]
The Plaintiff is represented by:
Joshua Swigart, Esq.
SWIGART LAW GROUP, APC
2221 Camino del Rio S., Ste. 308
San Diego, CA 92108
Telephone: (866) 219-3343
Email: josh@swigartlawgroup.com
- and -
Daniel Shay, Esq.
SHAY LEGAL, APC
2221 Camino del Rio S., Ste. 308
San Diego, CA 92108
Telephone: (619) 222-7429
Email: dan@shaylegal.com
STAKE CENTER: Holtsclaw Seeks More Time to File Class Cert Bid
--------------------------------------------------------------
In the class action lawsuit captioned as BRIAN HOLTSCLAW,
Individually and on Behalf of All Others Similarly Situated, v.
STAKE CENTER LOCATING, LLC, a Utah limited liability company Case
No. 1:24-cv-00490-RMR-SBP (D. Colo.), the Plaintiff asks the Court
to enter an order granting a 90-day extension for the Plaintiff to
move for class certification.
Holtsclaw's request for more time to file for class certification
is primarily due to SCL's delay in production of documents and the
failure SCL to produce all relevant documents.
The belated document production and recent depositions have also
shed light on additional depositions that need to occur. In
addition to the ongoing discovery disputes, the Plaintiff's Counsel
just received Bryan Aber (one of Plaintiff's area managers) and
Scott McCullough's (Defendant VP of Human Resources) deposition
transcripts Feb. 18, 2025.
Stake Center offers wired and wireless, electric, and gas
construction, as well as professional, site development, and
underground utility locating services.
A copy of the Plaintiff's motion dated Feb. 26, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=55ziqO at no extra
charge.[CC]
The Plaintiff is represented by:
Richard M. Schreiber, Esq.
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@mybackwages.com
- and -
Brian D. Gonzales, Esq.
LAW OFFICES OF BRIAN D. GONZALES, PLLC
2580 East Harmony Road, Suite 201
Fort Collins, CO 80528
Telephone: (970) 214-0562
E-mail: bgonzales@coloradowagelaw.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
TRACTOR SUPPLY: Fails to Pay Proper Wages, Schofield Alleges
------------------------------------------------------------
WILLIAM MATTHEW SCHOFIELD, individually and on behalf of all others
similarly situated, Plaintiff v. TRACTOR SUPPLY COMPANY, Defendant,
Case No. 3:25-cv-00262 (M.D. Tenn., March 5, 2025) seeks to recover
from the Defendant unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor
Plaintiff Schofield was employed by the Defendant as a staff.
Tractor Supply Company is a retailer of agricultural equipment,
tools, and maintenance products. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
Cooper Mays, Esq.
JACKSON, SHIELDS, YEISER, HOLT
OWEN & BRYANT
Attorneys at Law
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
Email: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
cmays@jsyc.com
TRAJECTOR INC: Wilson Files Suit in Fla. Over TCPA Violations
-------------------------------------------------------------
A class action lawsuit has been filed against Trajector Inc. The
case is captioned as CHET MICHAEL WILSON, individually and on
behalf of all others similarly situated v. TRAJECTOR INC, Case No.
1:25-cv-00023-MW-ZCB (N.D. Fla., January 23, 2025).
The suit arises from the Defendant's alleged violation of the
Telephone Consumer Protection Act.
The case is assigned to Chief Judge Mark E. Walker.
Trajector Inc. operates as a medical evidence development company.
[BN]
The Plaintiff is represented by:
Avi Robert Kaufman, Esq.
KAUFMAN PA
237 S Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
UNILEVER UNITED: No Artificial Flavor Ads "False," Gibson Alleges
-----------------------------------------------------------------
JULIA GIBSON and JILL SHULER, individually and on behalf of all
others similarly situated, Plaintiffs v. UNILEVER UNITED STATES,
INC., Defendant, Case No. 1:25-cv-01088 (E.D.N.Y., February 26,
2025) is a class action against the Defendant for violations of the
New York General Business Law and breach of express warranty.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of Knorr Rice &
Pasta Sides. According to the complaint, the Defendant advertises
and labels the products as " No Artificial Flavors or
Preservatives." However, this representation is false because the
products contain synthetic non-natural flavoring and preservative
ingredients. Had the Plaintiffs and similarly situated consumers
known the truth, they would not have purchased the products or
would have paid less for them, says the suit.
Unilever United States, Inc. is a consumer products manufacturer,
with its principal place of business in Englewood Cliffs, New
Jersey. [BN]
The Plaintiffs are represented by:
Joshua D. Arisohn, Esq.
ARISOHN LLC
94 Blakeslee Rd.
Litchfield, CT 06759
Telephone: (646) 837-7150
Email: josh@arisohnllc.com
UNITED SERVICES: Settles 2021 Data Breach Suit for $3.25 Million
----------------------------------------------------------------
Top Class Actions reports USAA agreed to a $3.25 million nationwide
class action lawsuit settlement to resolve claims that it failed to
prevent a 2021 data breach that compromised sensitive personal
information.
The USAA class action settlement benefits individuals whose
personal information was accessed, stolen or compromised as a
result of the USAA data breach on or around May 6, 2021.
Plaintiffs in the USAA data breach class action lawsuit alleged
that USAA failed to protect their information through reasonable
cybersecurity measures.
USAA is a financial services company that serves military members
and their families. USAA has not admitted any wrongdoing but agreed
to a $3.25 million class action lawsuit settlement to resolve these
allegations.
Under the terms of the USAA settlement, class members can receive
an equal share of the net settlement fund. Exact payments will vary
depending on the number of participating class members and the
amount deducted from the settlement fund for various fees and
costs. The deadline for exclusion and objection is April 7, 2025.
The final approval hearing for the USAA data breach settlement is
scheduled for May 21, 2025.
In order to receive settlement benefits, class members must submit
a valid claim form by April 7, 2025.
Who's Eligible
Individuals whose personal information was accessed, stolen or
compromised as a result of the USAA data breach identified on or
around May 6, 2021.
Potential Award
Class members will receive an equal share of the net settlement
fund.
Proof of Purchase
Receipt of notification that your data was illegally accessed.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
04/07/2025
Case Name
In re: USAA Data Security Litigation, Case No. 7:21-cv-05813-VB, in
the U.S. District Court for the Southern District of New York.
Final Hearing
05/21/2025
Settlement Website
USAADataSettlement.com
Claims Administrator
Angeion Group
1650 Arch Street, Suite 2210
Philadelphia, PA19103
(888) 464-4086
Class Counsel
Thomas J. McKenna
Gregory M. Egleston
Christopher Brain
GAINEY McKENNA & EGLESTON
Gary F. Lynch
Nicholas A. Colella
LYNCH CARPENTER LLP
Christian Levis
Amanda G. Fiorilla
Anthony M. Christina
LOWEY DANNENBERG PC
Defense Counsel
Armin Ghiam
Jason M. Beach
Neil K. Gilman
HUNTON ANDREWS KURTH LLP [GN]
WESTECH SYSTEMS: Rocha Sues for Labor Law Violation in Calif.
-------------------------------------------------------------
A class action suit has been filed against Westech Systems LLC, a
California Limited Liability Company. The case is captioned as
Larry Joseph Rocha, on behalf of himself and all others similarly
situated and the general public v. Westech Systems LLC, a
California Limited Liability Company, Case No. 25CECG00451 (Cal.
Super., January 23, 2025).
The suit is brought over alleged labor law violation.
A case management conference has been set for June 10, 2025 before
the Hon. Judge Jeffrey Y. Hamilton, Jr.
Westech Systems LLC, a California Limited Liability Company, is a
full service electrical contractor.[BN]
The Plaintiff is represented by:
David Keledjian, Esq.
D.LAW, INC.
880 E Broadway,
Glendale, CA 91205-1218
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
E-mail: d.keledjian@d.law
YES COMMUNITIES: Fails to Prevent Data Breach, Wilkins Alleges
--------------------------------------------------------------
TERRY WILKINS, individually and on behalf of all others similarly
situated, Plaintiff v. YES COMMUNITIES, LLC, Defendant, Case No.
1:25-cv-00698-NRN (D. Colo., March 4, 2025) is class action against
the Defendant for its failure to properly secure and safeguard
Plaintiff's and similarly situated Class Members' sensitive
personally identifiable information, which, as a result, has been
wrongfully disclosed to criminal cyberthieves.
The Plaintiff alleges in the complaint that the Defendant breached
its duties owed to Plaintiff and Class Members by failing to
safeguard their PII it collected and maintained, including by
failing to implement industry standards for data security to
protect against, detect, and stop cyberattacks, which failures
allowed criminal hackers to access and steal at least thousands of
consumers' PII from Defendant's care.
As a result of the Data Breach, Plaintiff's and Class Members' PII,
which has an inherent market value in both legitimate and black
markets, has been damaged and diminished in its value by its
unauthorized and likely release onto the dark web, where holds
significant value for the threat actors.
YES! Communities, LLC owns and operates manufactured housing
communities. The Company offers a range of floor plans, the option
to lease or buy, and multiple approaches to financing, including
co-signer, second home purchasing, sub-prime credit, and FHA
government supported programs. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Email: ostrow@kolawyers.com
ZENITH AMERICAN: Fails to Prevent Data Breach, Wylie Alleges
------------------------------------------------------------
MISHAEL WYLIE, individually and on behalf of all others similarly
situated Plaintiff v. ZENITH AMERICAN SOLUTIONS, INC., Defendant,
Case No. 8:25-cv-00523-MSS-NHA (M.D. Fla., March 4, 2025) is an
action against the Defendant for its failure to properly secure and
safeguard sensitive information of its customers.
According to the Plaintiff in the complaint, the Defendant's
failure to safeguard Customers' highly sensitive PII as exposed and
unauthorizedly disclosed in the Data Breach violates its common law
duty, Florida law, and Defendant's implied contract with its
Customers to safeguard their PII.
The Plaintiff and Class members now face a lifetime risk of
identity theft due to the nature of the information lost, which
they cannot change, and which cannot be made private again.
Zenith American Solutions, Inc. provides commercial services. The
Company offers administration, financial accounting, banking,
vendor, and other related services. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
- and -
Joseph H. Kanee, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 933-2775
Email: joseph@edelsberglaw.com
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