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250501.mbx C L A S S A C T I O N R E P O R T E R Thursday, May 1, 2025, Vol. 27, No. 87 Headlines AACOM: Scott Files Suit in D. Maryland AACOM: Sikaczowski Files Suit in D. Maryland ALABAMA OPHTHALMOLOGY: Chatman Files Suit in N.D. Alabama AMAZON.COM SERVICES: Bahamonde Suit Removed to N.D. California AMERICAN FAMILY: Knox Seeks More Time to File Class Cert Reply AMES CONSTRUCTION: Padilla Suit Removed to C.D. California ATBA LLC: Subia Files Suit in Cal. Super. Ct. AUSTIN RENTAL: Neal Sues Over Unpaid Minimum, Overtime Wages BAIRD GROUP: Website Inaccessible to the Blind, Reyes Claims BANK OF AMERICA: Court Tosses Delapaz Bid to Lift Stay BANK OF AMERICA: Seeks to Strike New Class Cert Reply Arguments BEECH-NUT NUTRITION: Cantor Appeals Suit Dismissal to 2nd Circuit BENELUX CORP: Filing for Class Cert Bid in Mertens Due July 11 BILTMORE FAMILY: Dunn Suit Removed to D. Arizona BOSTON POST: Plaintiffs' Bid for Class Certification Tossed BUCKSKIN MINING: Case Progression Order Entered in Kistler Suit BYTEDANCE INC: H.T. Suit Transferred to C.D. California BYTEDANCE INC: Hinkle Suit Transferred to C.D. California BYTEDANCE INC: Lindsey Suit Transferred to C.D. California BYTEDANCE INC: Luong Suit Transferred to C.D. California BYTEDANCE INC: Martin Suit Transferred to C.D. California CALIFORNIA PHYSICIANS: Reingold Sues Over Unlawfully Disclosed Data CAMERON'S COFFEE: Knowles Sues Over Blind-Inaccessible Website CAPITAL ONE: Class Certification Hearing Rescheduled CARTER'S INC: Booth Suit Transferred to N.D. Georgia CENTRAL TRANSPORT: Flores Suit Removed to C.D. California CENTURY ALUMINUM: Settlement in McDaniel Gets Initial Nod CHEETAH MOBILE: PCAOB Securities Class Suits Now Closed CLEO COMMUNICATIONS: Boles Files Suit in N.D. Illinois CLEO COMMUNICATIONS: Laughlin Files Suit in N.D. Illinois CLEO COMMUNICATIONS: Sheth Files Suit in N.D. Illinois CROSSROADS TRADING: Tardd Sues Over Insufficient Data Security CRUNCH LLC: Eloisa Suit Removed to N.D. California CVS PHARMACY: Mendoza Suit Removed to N.D. California D. PORTHAULT USA: Raheel Seeks Equal Website Access for the Blind DADDY'S FAVORITE: Pardo Sues Over Discriminative Property DAK RESOURCES: Vigil to Proceed Claims on Individual Basis DONALD TRUMP: Plaintiffs Seek Class Certification DUTCH BOTANICALS: Zeiner Seeks to Certify FLSA Collective Action EHANG HOLDINGS: Appeal Deadline in NY Securities Suit Expires EHANG HOLDINGS: Calif. Court Partially Dismisses "Pujo" Suit EISNER ADVISORY: Fails to Protect Sensitive Data, Rushing Says ELEVATOR CONSTRUCTORS: $5MM Settlement in McLachlan Gets Final OK ENDUE INC: Fails to Protect Personal Info, Pauley Suit Says ENDUE INC: Polite Sues Over Inadequately Protected Network ERIC ARMEL: Plaintiffs' Bid for Class Cert Due Sept. 17 FLORIDA: Class Cert Bid Filing Extended to May 29 FRANKLIN COUNTY, OHIO: Court Extends Time to File Class Cert Reply GIANNELLA'S MODERN: Court Certifies Settlement Class GKI FOODS: American Foods Suit Removed to D. New Hampshire GOODRX INC: Bueno Pharmacy Files Suit in D. Rhode Island GOOGLE LLC: Seeks to Remove Incorrectly Filed Docs in Rabin GOVERNMENT EMPLOYEES: Steve Seek More Time to File Class Cert. Bid GROCERY DELIVERY: Hague Files TCPA Suit in S.D. New York GRUMA CORPORATION: Hudson Suit Removed to C.D. California HAWAIIAN AIRLINES: Baltrus Suit Removed to C.D. California IMG CORPORATIONS: Vasquez Suit Removed to N.D. California IRB HOLDING: Simpson Sues Over Unlawful Nicotine Surcharges J.D. WORKFORCE: Appeals Ruling on Bid to Dismiss Huerta Suit JILL ACQUISITION: Cody Suit Removed to S.D. California KAISER FOUNDATION: Culbert Suit Removed to D. Colorado KROGER CO: Vaccaro Suit Removed to C.D. California LABOR SOURCE: Speight Appeals Tossed Class Cert. Bid to 4th Circuit LAGOS INC: Villaverde Sues Over Caller ID Rules Violations LAKEVIEW FARMS: Furman Suit Removed to E.D. California LCS COMMUNITY: Wandrey Suit Removed to N.D. California LEE ENTERPRISES: Class Settlement in Stoudemire Gets Initial Nod LENDVIA LLC: Bulloch Files Suit in M.D. Georgia LOCKTON COMPANIES: Large Suit Removed to S.D. California LVNV FUNDING: Class Cert Bid Filing in Shaw Extended to June 18 LX HAUSYS AMERICA: Class Cert Bid Filing in Torres Due June 13 MACY'S INC: Forbes Suit Removed to D. Massachusetts MAGNITE INC: Lewis Suit Removed to C.D. California MANAGED CARE: Class Cert Bid Filing in Crowe Extended to June 2 MASS. ELECTRIC: Cortes Suit Removed to N.D. California MIT45 INC: Pre-Trial Schedule in B. D. Class Suit Modified MOLINA HEALTHCARE: Almanza Suit Removed to C.D. California MORTON COUNTY, ND: Thunderhawk Seeks to Certify Class Action MVM INC: Plaintiffs Must File Class Cert Bid by Sept. 10 NATURE'S PATH FOODS: Weidkamp Suit Removed to W.D. Washington NBT BANCORP: Class Cert. Bid Filing in Richey Suit Due Dec. 1 NEVRO CORP: Fails to Secure Personal Info, Rieman Suit Says NEW ENGLAND BIOLABS: Jackson Seeks to Certify Certain Claims NEW YORK UNIV: Hall-Landers Appeals Class Cert. Bid Denial NEWREZ LLC: Linderman Suit Removed to N.D. Illinois NOURES FOOD: Civil Case Management Plan Entered in Sanchez Suit NOW OPTICS: Bids for Class Certification Continued to August 11 NVR INC: Settlement Deal in Butakis Suit Gets Final Nod OMNI HEALTHCARE: Hairston Files Suit in W.D. North Carolina OPENAI INC: Millette Suit Transferred to S.D. New York OPENAI INC: Silverman Suit Transferred to S.D. New York OPENAI INC: Tremblay Suit Transferred to S.D. New York OPIA: Douglass-Usov Files Suit in E.D. Virginia ORACLE CORPORATION: Baxter Sues Over Data Breach ORAL ROBERTS UNIVERSITY: Johnson Suit Removed to N.D. Oklahoma PATSY'S ITALIAN: Hoti Suit Seeks to Certify FLSA Collective PEPSICO INC: Class Cert. Bid Filing in McCausland Due Jan. 15, 2026 PFIZER INC: MSP Appeals Case Dismissal to D.C. Circuit PIZZA AL FRESCO: Marin Files FLSA Suit in S.D. Florida PLANT PEOPLE INC: Dallmann Files TCPA Suit in S.D. California PORTFOLIO RECOVERY: Tyson Files Suit in S.D. Georgia POWERSCHOOL GROUP: Calzado Suit Transferred to S.D. California POWERSCHOOL GROUP: Pettinger Suit Transferred to S.D. California POWERSCHOOL GROUP: Tillman Suit Transferred to S.D. California POWERSCHOOL HOLDINGS: A. A. Suit Transferred to S.D. California POWERSCHOOL HOLDINGS: Baker Suit Transferred to S.D. California POWERSCHOOL HOLDINGS: Crockran Suit Transferred to S.D. California POWERSCHOOL HOLDINGS: E. H. Suit Transferred to S.D. California PRETZEL POWER: Salazar Files Suit in Cal. Super. Ct. RESIDENT HOME: Molloy Suit Removed to C.D. California RSCR CALIFORNIA: Filing for Class Cert. Bid in Delgado Due Oct. 9 SCHENKER INC: Wickham Bid for Initial OK Settlement Tossed SEA LIMITED: $46MM Class Settlement to be Heard on July 1 SEGWAY INC: Faces Rzewuski Suit Over Defective KickScooters SELECT JUSTICE: Teman Files Bid to Compel Responses to Discovery SELLEN CONSTRUCTION: Bruce Suit Removed to W.D. Washington SEYBOTH TEAM: Iudiciani Seeks More Time to File Class Cert Bid SHUTTERSTOCK INC: Class Cert Bid Filing in Davis Extended June 27 SLEEP NUMBER: Court Endorses Dismissal of Evans Suit SMITH GAMBRELL: $2.4MM Class Settlement to be Heard on August 1 ST. CLAIR COUNTY, IL: Miller Seeks Class Certification ST. TAMMANY PARISH: Baqer Seeks Leave to File Renewed Class Cert. STAKE CENTER: Class Definition in Monroe Suit Amended SUNRUN INC: Luckau Class Certification Bid Tossed w/o Prejudice SURREY REALTY: McCammon Suit Removed to S.D. New York SYSCO CORPORATION: Luna Suit Removed to C.D. California TACOS EL MAYITA: Rubio Files Suit in Cal. Super. Ct. TAKEDA PHARMACEUTICAL: UFOAFPP Sues Over Anticompetitive Scheme TJX COMPANIES: Pardo Sues Over Property's Architectural Barriers TOP GOLF: Seeks More Time to File Class Cert Response in Billingy TOPPOINT HOLDINGS: Driver Misclassification Suit Remains Pending TOYOTA OF DALLAS: Parties Seek to Modify Class Cert Sched Order U.S. BANCORP: Futo Balks at Illegal Bank Deposit Program UNDER ARMOUR: Parties Seek Sept. 25, 2026 Fact Cut-Off Date UNITED BEHAVIORAL: Bid to Decertify Class in Jones Suit Tossed UNITED NATURAL: Seeks OK of Class Cert Briefing Schedule UNIVERSITY OF KANSAS: Faces Doe Suit for Invasion of Privacy US CITIZENSHIP: Court Modifies Class Definition in Volkova Suit VALVE CORPORATION: Expert Discovery Deadline in Wolfire Extended VISION PATH: Africa's Bid to Compel Deposition OK'd VITAL PROTEINS: Cole Seeks Equal Website Access for the Blind VITAL'S INTERNATIONAL: Thorne Sues Over Blind-Inaccessible Website WALGREEN CO: Caballero Suit Removed to C.D. California WEIBO CORP: 2nd Cir. Affirms Dismissal of Maso Capital Suit WORLDWIDE GOLF: Reaves Files TCPA Suit in W.D. Oklahoma ZOOM HEALTH LLC: Schweer Files TCPA Suit in W.D. Oklahoma ********* AACOM: Scott Files Suit in D. Maryland -------------------------------------- A class action lawsuit has been filed against American Association of Colleges of Osteopathic Medicine. The case is styled as Emily Scott, individually and on behalf of others similarly situated v. American Association of Colleges of Osteopathic Medicine, Case No. 8:25-cv-01277 (D. Md., April 21, 2025). The nature of suit is stated as Other P.I. for Tort/Non-Motor Vehicle. The American Association of Colleges of Osteopathic Medicine -- https://www.aacom.org/ -- is a non-profit organization that supports the 42 accredited colleges of osteopathic medicine in the United States.[BN] The Plaintiff is represented by: Thomas Pacheco, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 900 West Morgan Street Raleigh, NC 27603 Phone: (212) 946-9305 Fax: (865) 522-0049 Email: tpacheco@milberg.com AACOM: Sikaczowski Files Suit in D. Maryland -------------------------------------------- A class action lawsuit has been filed against American Association of Colleges of Osteopathic Medicine. The case is styled as Nicolas Sikaczowski, individually and on behalf of others similarly situated v. American Association of Colleges of Osteopathic Medicine, Case No. 8:25-cv-01275 (D. Md., April 21, 2025). The nature of suit is stated as Other P.I. for Tort/Non-Motor Vehicle. The American Association of Colleges of Osteopathic Medicine -- https://www.aacom.org/ -- is a non-profit organization that supports the 42 accredited colleges of osteopathic medicine in the United States.[BN] The Plaintiff is represented by: Thomas Pacheco, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 900 West Morgan Street Raleigh, NC 27603 Phone: (212) 946-9305 Fax: (865) 522-0049 Email: tpacheco@milberg.com ALABAMA OPHTHALMOLOGY: Chatman Files Suit in N.D. Alabama --------------------------------------------------------- A class action lawsuit has been filed against Alabama Ophthalmology Associates P.C. The case is styled as Thomasina Chatman, individually and on behalf of all others similarly situated v. Alabama Ophthalmology Associates P.C., Case No. 2:25-cv-00632-MHH (N.D. Ala., April 25, 2025). The nature of suit is stated as Other P.I. Alabama Ophthalmology Associates -- https://www.aoapc.com/ -- is a six physician subspecialty ophthalmology practice.[BN] The Plaintiff is represented by: Justin C. Owen, Esq. Nathan C. VanDerVeer, Esq. BODEWELL, LLP 1286 Oak Grove Road, Suite 200 Birmingham, AL 35209 Phone: (205) 533-7878 Fax: (205) 922-5819 Email: justin@bodewell-law.com nate@bodewell-law.com AMAZON.COM SERVICES: Bahamonde Suit Removed to N.D. California -------------------------------------------------------------- The case captioned as Javier Bahamonde and Dajane Sanders, individually and on behalf of all others similarly situated v. AMAZON.COM SERVICES, LLC, a Washington limited liability company; AMPLIO LOGISTICS, a California corporation; and DOES 1 through 100, inclusive, Case No. C2400903 was removed from the Superior Court of the State of California for the County of Contra Costa, to the United States District Court for the Northern District of California on April 21, 2025, and assigned Case No. 3:25-cv-03499. The Plaintiffs assert causes of action for: unpaid overtime; failure to pay minimum wages; failure to provide meal periods; failure to provide rest periods; waiting time penalties; wage statement violations; failure to timely pay wages; failure to indemnify; violation of Labor Code; and unfair competition.[BN] The Defendants are represented by: Brian D. Fahy, Esq. MORGAN, LEWIS & BOCKIUS LLP 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071-3132 Phone: +1.213.612.2500 Fax: +1.213.612.2501 Email: brian.fahy@morganlewis.com - and - Sarah Zenewicz, Esq. MORGAN, LEWIS & BOCKIUS LLP One Market Spear Street Tower San Francisco, CA 94105-1596 Phone: +1.415.442.1000 Fax: +1.415.442.1001 Email: sarah.zenewicz@morganlewis.com AMERICAN FAMILY: Knox Seeks More Time to File Class Cert Reply -------------------------------------------------------------- In the class action lawsuit captioned as LORA KNOX and JODY KNOX, individually and on behalf of all others similarly situated, v. AMERICAN FAMILY INSURANCE COMPANY, Case No. 3:23-cv-00790-wmc (W.D. Wis.), the Plaintiffs ask the Court to enter an order extending their deadline to file their reply brief to their class certification motion by 61 days to June 30, 2025. The Plaintiffs thus request an extension from their current deadline of April 30, 2025, to June 30, 2025, to file their reply brief. American Family is an American private mutual company that focuses on property, casualty, and auto insurance. A copy of the Plaintiffs' motion dated April 16, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=t6zFK4 at no extra charge.[CC] The Plaintiffs are represented by: John G. Albanese, Esq. Marika K. O'Connor Grant, Esq. Shanon Carson, Esq. Michael Twersky, Esq. BERGER MONTAGUE PC 1229 Tyler Street NE, Suite 205 Minneapolis, MN 55413 Telephone: (612) 594-5999 E-mail: jalbanese@bm.net moconnorgrant@bm.net scarson@bm.net mitwersky@bm.net - and - Richard M. Ochroch, Esq. Brett N. Benton, Esq. Andrew R. Ochroch, Esq. RICHARD M. OCHROCH & ASSOCIATES, P.C. 318 S. 16th Street Philadelphia, PA 19102 Telephone: (215) 735-2707 E-mail: rochroch@ochroch-law.com bbenton@ochroch-law.com aochroch@ochroch-law.com AMES CONSTRUCTION: Padilla Suit Removed to C.D. California ---------------------------------------------------------- The case captioned as Rudy Gilbert Padilla, individually, and on behalf of all others similarly situated v. AMES CONSTRUCTION, INC.; and DOES 1 through 10, inclusive, Case No. 25STCV00397 was removed from the Superior Court for the State of California, in and for the County of Los Angeles, to the United States District Court for the Central District of California on April 21, 2025, and assigned Case No. 2:25-cv-03522. The Complaint contained eight causes of action, alleging: Failure to Pay Minimum Wages; Failure to Pay Overtime Compensation; Failure to Provide Meal Periods; Failure to Authorize and Permit Rest Breaks; Failure to Indemnify Necessary Business Expenses; Failure to Timely Pay Final Wages at Termination; Failure to Provide Accurate Itemized Wage Statements; and Unfair Business Practices.[BN] The Defendants are represented by: Ian G. Robertson, Esq. LITTLER MENDELSON, P.C. 18565 Jamboree Road, Suite 800 Irvine, CA 92612 Phone: 949.705.3000 Facsimile: 949.724.1201 Email: irobertson@littler.com - and - Alexandria Rafizadeh, Esq. LITTLER MENDELSON, P.C. 2049 Century Park East, 5th Floor Los Angeles, CA 90067.3107 Phone: 310.553.0308 Facsimile: 800.715.1330 Email: awitte-rafizadeh@littler.com ATBA LLC: Subia Files Suit in Cal. Super. Ct. --------------------------------------------- A class action lawsuit has been filed against ATBA, LLC. The case is styled as Delia Camacho Subia, an individual, on behalf of herself and all others similarly situated v. ATBA, LLC doing business as North Park Post-Acute, Matthew Belaski, an individual California resident, Case No. STK-CV-UOE-2025-0005664 (Cal. Super. Ct., San Joaquin Cty., April 21, 2025). The case type is stated as "Unlimited Civil Other Employment." ATBA, LLC doing business as North Park Post-Acute -- https://www.northparkpa.com/ -- is a nursing home in Tracy, California.[BN] The Plaintiff is represented by: Zachary T. Chrzan, Esq. BIBIYAN LAW GROUP, P.C. 1460 Westwood Blvd. Los Angeles, CA 90024 Phone: 310-438-5555 AUSTIN RENTAL: Neal Sues Over Unpaid Minimum, Overtime Wages ------------------------------------------------------------ Kyle Neal, individually and for others similarly situated v. AUSTIN RENTAL BOATS, LLC, LONGHORN BOAT RENTALS, LLC, SHAWN SMITH, Case No. 1:25-cv-00621 (W.D. Tex., April 25, 2025), is brought to recover unpaid minimum wages, overtime, misappropriated tips, and other damages from the Defendants, under the Fair Labor Standards Act ("FLSA"). Smith, owner of Austin Rental and Longhorn Boat, kept the Plaintiff and the Boat Captains' tips. Therefore, Defendants misappropriated Smith and the Boat Captains' tips in violation of the FLSA. Additionally, Smith and the Boat Captains regularly worked more than 40 hours in a workweek. But the Defendants do not pay Smith and the Boat Captains for all hours they work. Instead, Defendants require Smith and the Boat Captains to perform compensable work "off the clock" before and after their scheduled shifts. Specifically, before clocking in for their shifts, Defendants require Smith and the Boat Captains to perform maintenance and prepare the boats for the customers' arrival. After clocking out for their shifts, Defendants require Smith and the Boat Captains to clean up and dock the boats. The Plaintiff brings this collective action to recover the overtime wages, stolen tips, and other damages owed to him and to other Boat Captains, says the complaint. The Plaintiff was employed by the Defendants as a Boat Captain. Austin Rental Boats LLC is a boating company located in Austin, Texas.[BN] The Plaintiff is represented by: Carl A. Fitz, Esq. FITZ LAW PLLC 3730 Kirby Drive, Ste. 1200 Houston, TX 77098 Phone: (713) 766-4000 Email: carl@fitz.legal BAIRD GROUP: Website Inaccessible to the Blind, Reyes Claims ------------------------------------------------------------ NATHALIE REYES, on behalf of herself and all others similarly situated, Plaintiff v. The Baird Group, Inc., Defendant, Case No. 1:25-cv-03145 (S.D.N.Y., April 16, 2025) is a civil rights action against Baird Group for its failure to design, construct, maintain, and operate its website, https://www.moon-audio.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by Plaintiff and blind persons using keyboards and screen-reading software. These barriers are pervasive and include, but are not limited to ambiguous link texts, changing of content without advance warning, inaccessible drop-down menus, redundant links where adjacent links go to the same URL address, unclear labels for interactive elements, the denial of keyboard access for some interactive elements, and the requirement that transactions be performed solely with a mouse. The Plaintiff seeks a permanent injunction to cause a change in The Baird Group's policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination. The Baird Group, Inc. operates the website that offers audio equipment, including headphones, cables, headphone amplifiers, DACs, portable audio players, headphone mods and audio accessories.[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 E-mail: mcohen@ealg.law BANK OF AMERICA: Court Tosses Delapaz Bid to Lift Stay ------------------------------------------------------ In the class action lawsuit captioned as MICHAEL DELAPAZ, v. BANK OF AMERICA, N.A. and DOES 1 through 10, inclusive, Case No. 3:21-cv-01660-GPC-MSB (S.D. Cal.), the Hon. Judge Gonzalo Curiel entered an order denying the Plaintiff's motion to lift stay as to his individual action. -- The hearing set on April 25, 2025, shall be vacated. The Plaintiff's conclusory claims he has suffered "undue hardship" in not having access to his stolen funds does not support a stay. Even if a delay in damages supported a stay, Plaintiff fails to provide any facts as to how much was taken from his BANA account and what specific hardships he has endured due to the lack of these funds. In contravention, BANA provides evidence that the Plaintiff received payment for his two claims of unauthorized transactions in the amount of $527.78 which included interest and additional compensation in January/February 2024. The Plaintiff does not provide any contrary evidence to dispute BANA's evidence that he was paid the amounts that were taken from him, and merely repeats that he has not had access to his funds. Conversely, if the stay were lifted, BANA will be forced to engage in discovery and substantive briefing which may likely be duplicative and may even be unnecessary if barred by "nonmutual collateral estoppel or any other applicable theory." Thus, the Court finds that the prejudice weighs in favor of BANA. The Court recognizes the delay in this case and has indicated it seeks to move this case forward in a prompt and expeditious manner. Further, if the stay were lifted, it would open the door for all plaintiffs in member cases to file motions to lift the stay in their cases. Bank of America offers saving and current account, housing and auto loans, online banking, mortgage, credit and debit cards, investment planning, and corporate finance services. A copy of the Court's order dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ii5aoj at no extra charge.[CC] BANK OF AMERICA: Seeks to Strike New Class Cert Reply Arguments --------------------------------------------------------------- In the class action lawsuit captioned as ANTHONY RAMIREZ, MYNOR VILLATORO ALDANA, and JANET HOBSON, on behalf of themselves and all others similarly situated, v. BANK OF AMERICA, N.A., Case No. 4:22-cv-00859-YGR (N.D. Cal.), the Defendant, on May 20, 2025, will move the Court for an order granting its motion to strike new arguments in Plaintiffs' reply in support of the Plaintiffs' motion for class certification. Bank of America offers saving and current account, housing and auto loans, online banking, mortgage, credit and debit cards, investment planning, and corporate finance services. A copy of the Defendant's motion dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=q7N3DZ at no extra charge.[CC] The Defendant is represented by: Elizabeth L. Mckeen, Esq. Ashley Pavel, Esq. O'MELVENY & MYERS LLP 610 Newport Center Drive, 17th Floor Newport Beach, CA 92660-6429 Telephone: (949) 823-6900 Facsimile: (949) 823-6994 E-mail: emckeen@omm.com apavel@omm.com BEECH-NUT NUTRITION: Cantor Appeals Suit Dismissal to 2nd Circuit ----------------------------------------------------------------- JEREMY CANTOR, et al. are taking an appeal from a court order dismissing their lawsuit entitled Jeremy Cantor, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. Beech-Nut Nutrition Company, Defendant, Case No. 1:21-cv-133, in the U.S. District Court for the Northern District of New York. As previously reported in the Class Action Reporter, the Plaintiffs filed a class action suit against the Defendant for its negligent, reckless, and intentional practice of misrepresenting and failing to fully disclose the heavy metals and perchlorate or other ingredients that do not conform to the labels, packaging, advertising, and statements of its products sold. On May 20, 2024, the Plaintiffs filed a consolidated second amended complaint, which the Defendant moved to dismiss on Aug. 12, 2024. On Mar. 19, 2025, Judge David N. Hurd entered an Order granting the Defendant's motion to dismiss the Plaintiffs' second amended complaint. The Court ruled that the Plaintiffs make the same arguments that were reasonably rejected by other courts and finds those cases more analogous to the one presently at issue. The Court does not find the injury alleged by the Plaintiffs to be either concrete or particularized, and their benefit of the bargain theory is rejected as a basis for finding standing. Accordingly, the Plaintiffs failed to demonstrate an economic injury-in-fact, and therefore the Court does not find the requisite Article III standing necessary to exercise its authority. The Plaintiffs' second amended complaint, is therefore, dismissed, Judge Hurd opined. The appellate case is entitled Thomas v. Beech-Nut Nutrition Company, Case No. 25-821, in the United States Court of Appeals for the Second Circuit, filed on April 8, 2025. [BN] Plaintiffs-Appellants JEREMY CANTOR, et al., individually and on behalf of all others similarly situated, are represented by: Steven L. Bloch, Esq. SILVER GOLUB & TEITELL LLP One Landmark Square, 15th Floor Stamford, CT 06901 Defendant-Appellee BEECH-NUT NUTRITION COMPANY is represented by: Livia M. Kiser, Esq. KING & SPALDING LLP 110 North Wacker Drive, Suite 3800 Chicago, IL 60606 BENELUX CORP: Filing for Class Cert Bid in Mertens Due July 11 -------------------------------------------------------------- In the class action lawsuit captioned as Mertens et al v. Benelux Corporation, et al., Case No. 1:24-cv-00276 (W.D. Tex., Filed March 12, 2024), the Hon. Judge Robert Pitman entered an order that the Plaintiffs shall file any motion for class certification on or before July 11, 2025. The suit alleges violation of the Fair Labor Standards Act (FLSA).[CC] BILTMORE FAMILY: Dunn Suit Removed to D. Arizona ------------------------------------------------ The case captioned as Melinda Dunn, a single woman, individually and on behalf of all others similarly situated v. Biltmore Family Partners LLC doing business as: Preston at Biltmore; Unknown Parties named as: John Does I-V, Jane Does I-V (individually and as husbands and wives), Doe Corporations I-V, Doe Partnerships I-V, Doe Legal Entities I-V, and Doe Organizations I-V; Pearl Biltmore LLC; MFREVF III-Biltmore LLC; Morgan Group Biltmore LLC; MGI Biltmore Investors LP; Morgan Group Property Management LLC; Morgan Group Development LLC; Morgan Group Incorporated; Case No. CV2025-005097 was removed from Maricopa County Superior Court, to the U.S. District Court for the District of Arizona on April 18, 2025. The District Court Clerk assigned Case No. 2:25-cv-01314-DWL to the proceeding. The nature of suit is stated as Real Property: Rent Lease & Ejectment. Biltmore Family Office -- https://www.biltmorefamilyoffice.com/ -- is an independent wealth advisory firm.[BN] The Plaintiffs are represented by: Andrea Elisabeth Watters, Esq. Charlotte Watters Toepke, Esq. WATTERS LAW PLLC 4729 E Sunrise Dr., Ste. 458 Tucson, AZ 85718 Phone: (520) 323-5910 Fax: (520) 323-5912 Email: andrea@watterslaw.com The Defendants are represented by: Adam S Polson, Esq. Sean Patrick Healy, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP - PHOENIX, AZ 2929 N Central Ave., Ste. 1700 Phoenix, AZ 85012 Phone: (602) 385-7836 Fax: (602) 385-1051 Email: Adam.Polson@lewisbrisbois.com Sean.Healy@lewisbrisbois.com BOSTON POST: Plaintiffs' Bid for Class Certification Tossed ----------------------------------------------------------- In the class action lawsuit captioned as SECUNDINO GARCIA PICHARDO, et al., v. BOSTON POST FOOD CORP., et al., Case No. 1:22-cv-09157-JPO (S.D.N.Y.), the Hon. Judge J. Paul Oetken entered an order denying the Plaintiffs' motion for class certification. The Plaintiffs are directed to file a letter within 30 days of the entry of this opinion setting forth proposed individual damages and the basis for each element of damages, including interest, attorney's fees, and costs if applicable. The Plaintiffs request to certify a class of "all non-exempt employees employed by Defendant on or after Oct. 25, 2016, to the present." Because they have failed to show, by a preponderance of the evidence, that common issues of law and fact predominate over individualized issues, the Court denies their request Accordingly, because the Plaintiffs have not demonstrated commonality, pursuant to Rule 23(a), or predominance, pursuant to Rule 23(b)(3), the motion for class certification is denied. The Plaintiffs bring this wage-and-hour action pursuant to the Fair Labor Standards Act ("FLSA"); New York Labor Law ("NYLL"); and New York's Wage Theft Prevention Act ("WTPA"); against Defendant Boston Post Food Corp., d/b/a C-Town, alleging violations including failure to pay wages and spread-of-hours premiums, failure to provide wage-and-hour notices, and failure to provide wage statements. The Defendant failed to retain counsel after its initial counsel withdrew. As a result, the Defendant has defaulted. The Plaintiffs are former employees of a supermarket, C-Town, located in the Bronx. A copy of the Court's opinion and order dated April 16, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=4K9HLE at no extra charge.[CC] BUCKSKIN MINING: Case Progression Order Entered in Kistler Suit --------------------------------------------------------------- In the class action lawsuit captioned as SHAWN KISTLER, Individually and for Others Similarly Situated; v. BUCKSKIN MINING COMPANY, Case No. 8:25-cv-00042-JFB-MDN (D. Neb.), the Hon. Judge Michael Nelson entered a case progression order: 1) The deadline for serving initial mandatory disclosures under Rule 26(a)(1) is April 29, 2025. 2) The deadline for moving to amend pleadings or add parties is June 5, 2025. 3) A status conference to discuss class certification, case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on June 11, 2025, at 11:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. 4) Experts: a. The deadline for identifying expert witnesses expected to testify at the trial, and non-retained experts is Oct. 23, 2025. b. The deadline for completing expert disclosures for all experts expected to testify at trial, (both retained experts, and non-retained experts is Nov. 21, 2025. c. The deadline for filing motions to exclude testimony on Daubert and related grounds is March 5, 2026. 5) The deadline for completing written discovery under Rules 33, 34, 36, and 45 of the Federal Rules of Civil Procedure is Nov. 7, 2025. Motions to compel written discovery under Rules 33, 34, 36, and 45 must be filed by Nov. 21, 2025. 6) The deposition deadline, including depositions for oral testimony only under Rule 45, is Dec. 17, 2025. 7) The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on Dec. 17, 2025, at 10:00 a.m. by telephone. 8) The deadline for filing motions to dismiss and motions for summary judgment is March 5, 2026. Buckskin Mining provides coal mining services. A copy of the Court's order dated April 16, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=pnUFsL at no extra charge.[CC] BYTEDANCE INC: H.T. Suit Transferred to C.D. California ------------------------------------------------------- The case captioned as H.T., A Minor, By And Through her Legal Guardian, MILAGRO ALMODOVAR, Individually And On Behalf Of All Others Similarly Situated v. Bytedance Inc., Bytedance Ltd., Tiktok Ltd., TikTok Inc., TikTok LLC, TikTok Pte. Ltd., TikTok U.S. Data Security Inc., Case No. 2:25-cv-14095 was transferred from the U.S. District Court for the Southern District of Florida, to the U.S. District Court for the Central District of California on April 17, 2025. The District Court Clerk assigned Case No. 2:25-cv-03399-GW-RAO to the proceeding. The nature of suit is stated as Other Fraud. ByteDance -- https://www.bytedance.com/en/ -- is a global incubator of platforms at the cutting edge of commerce, content, entertainment and enterprise services.[BN] The Plaintiffs are represented by: Jason H. Alperstein, Esq. James E Cecchi, Esq. Jordan M. Steele, Esq. William J. Manory, Esq. CARELLA BYRNE CECCHI BRODY AND AGNELLO P.C. 5 Becker Farm Road Roseland, NJ 07068 Phone: (973) 994-1700 Email: jalperstein@carellabyrne.com jcecchi@carellabyrne.com jsteele@carellabyrne.com - and - Kristen Lake Cardoso, Esq. Jeffrey Miles Ostrow, Esq. KOPELOWITZ OSTROW FERGUSON WISELBERG GILBERT One West Las Olas Boulevard, Suite 500 Fort Lauderdale, FL 33301 Phone: (954) 332-4200 Email: cardoso@kolawyers.com ostrow@kolawyers.com BYTEDANCE INC: Hinkle Suit Transferred to C.D. California --------------------------------------------------------- The case captioned as Amanda Hinkle, A. H., a minor, Individually and on behalf of all others similarly situated v. Bytedance Inc., Bytedance Ltd., Tiktok Ltd., TikTok Inc., TikTok LLC, TikTok Pte. Ltd., TikTok U.S. Data Security Inc., Case No. 2:25-cv-00142 was transferred from the U.S. District Court for the Southern District of West Virginia, to the U.S. District Court for the Central District of California on April 18, 2025. The District Court Clerk assigned Case No. 2:25-cv-03435-GW-RAO to the proceeding. The nature of suit is stated as Other Statutory Actions. ByteDance -- https://www.bytedance.com/en/ -- is a global incubator of platforms at the cutting edge of commerce, content, entertainment and enterprise services.[BN] The Plaintiffs are represented by: Matthew Stonestreet, Esq. Troy N. Giatras, Esq. THE GIATRAS LAW FIRM 118 Capitol Street, Suite 400 Charleston, WV 25301 Phone: (304) 343-2900 Fax: (304) 343-2942 Email: matt@thewvlawfirm.com troy@thewvlawfirm.com - and - Blake N. Humphrey Jared M. Tully, Esq. FROST BROWN TODD 500 Virginia Street East Charleston, WV 25301 Phone: (304) 348-2429 Fax: (304) 345-0115 Email: bhumphrey@fbtlaw.com jtully@fbtlaw.com - and - Daniel M Petrocelli, Esq. O'MELVENY AND MYERS LLP 1999 Avenue of the Stars Los Angeles, CA 90067-6035 Phone: (310) 553-6700 Fax: (310) 246-6779 Email: dpetrocelli@omm.com - and - Matthew D. Powers, Esq. O'MELVENY & MYERS Two Embarcadero Center, 28th Floor San Francisco, CA 94000 Phone: (415) 984-8700 Fax: (415) 984-8701 Email: mpowers@omm.com - and - Stephen D. Brody, Esq. O'MELVENY AND MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Phone: (202) 383-5167 Fax: (202) 383-5414 Email: sbrody@omm.com BYTEDANCE INC: Lindsey Suit Transferred to C.D. California ---------------------------------------------------------- The case captioned as Katrice Lindsey on behalf of JDW JYW and SMW individually and on behalf of all others similarly situated v. Bytedance Inc., Bytedance Ltd., Tiktok Ltd., TikTok Inc., TikTok LLC, TikTok Pte. Ltd., TikTok U.S. Data Security Inc., Case No. 0:25-cv-00677 was transferred from the U.S. District Court for the Southern District of Florida, to the U.S. District Court for the Central District of California on April 18, 2025. The District Court Clerk assigned Case No. 2:25-cv-03396-GW-RAO to the proceeding. The nature of suit is stated as Other Fraud. ByteDance -- https://www.bytedance.com/en/ -- is a global incubator of platforms at the cutting edge of commerce, content, entertainment and enterprise services.[BN] The Plaintiffs are represented by: Charles Philip Hall, Esq. PHIL HALL PA-PENSACOLA FL 4300 Bayou Boulevard, Suite 32 Pensacola, FL 32503 Phone: (850) 760-2156 Email: phil@askalawyerfirst.com The Defendants are represented by: Glenn T. Burhans, Jr., Esq. Hannah Eleanor Murphy, Esq. STEARNS WEAVER MILLER 106 East College Avenue Suite 700 Tallahassee, FL 32301 Phone: (850) 328-4850 Email: gburhans@stearnsweaver.com hmurphy@stearnsweaver.com - and - Daniel M. Petrocelli, Esq. Matthew David Powers, Esq. O'MELVENY AND MYERS LLP 1999 Avenue of the Stars Los Angeles, CA 90067-6035 Phone: (310) 553-6700 Fax: (310) 246-6779 Email: dpetrocelli@omm.com mpowers@omm.com - and - Stephen D. Brody, Esq. O'MELVENY AND MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Phone: (202) 383-5167 Email: sbrody@omm.com BYTEDANCE INC: Luong Suit Transferred to C.D. California -------------------------------------------------------- The case captioned as Michael Luong on behalf of D.L, individually and on behalf of all others similarly situated v. Bytedance Inc., Bytedance Ltd., Tiktok Ltd., TikTok Inc., TikTok LLC, TikTok Pte. Ltd., TikTok U.S. Data Security Inc., Case No. 0:25-cv-60498 was transferred from the U.S. District Court for the Southern District of Florida, to the U.S. District Court for the Central District of California on April 17, 2025. The District Court Clerk assigned Case No. 2:25-cv-03397-GW-RAO to the proceeding. The nature of suit is stated as Other Fraud. ByteDance -- https://www.bytedance.com/en/ -- is a global incubator of platforms at the cutting edge of commerce, content, entertainment and enterprise services.[BN] The Plaintiffs are represented by: Joseph A. Osborne, Esq. OSBORNE AND ASSOCIATES LAW FIRM PA 433 Plaza Real Suite 271 Boca Raton, FL 33432 Phone: (561) 293-2600 Fax: (561) 923-8100 Email: josborne@oa-lawfirm.com The Defendants are represented by: Glenn T. Burhans, Jr., Esq. Hannah Eleanor Murphy, Esq. STEARNS WEAVER MILLER ETC PA - TALLAHASSEE FL 106 East College Ave., Suite 700 Tallahassee, FL 32301 Phone: (850) 328-4850 Email: gburhans@stearnsweaver.com hmurphy@stearnsweaver.com - and - Daniel M. Petrocelli, Esq. Matthew David Powers, Esq. O'MELVENY AND MYERS LLP 1999 Avenue of the Stars Los Angeles, CA 90067-6035 Phone: (310) 553-6700 Fax: (310) 246-6779 Email: dpetrocelli@omm.com mpowers@omm.com - and - Stephen D. Brody, Esq. O'MELVENY AND MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Phone: (202) 383-5167 Email: sbrody@omm.com BYTEDANCE INC: Martin Suit Transferred to C.D. California --------------------------------------------------------- The case captioned as Chantell Martin, on behalf of T.M.; Jacquelyn Williams, on behalf of K.P.; individually and on behalf of all others similarly situated v. Bytedance Inc., Bytedance Ltd., Tiktok Ltd., TikTok Inc., TikTok LLC, TikTok Pte. Ltd., TikTok U.S. Data Security Inc., Case No. 2:25-cv-00457 was transferred from the U.S. District Court for the Eastern District of Louisiana, to the U.S. District Court for the Central District of California on April 18, 2025. The District Court Clerk assigned Case No. 2:25-cv-03431-GW-RAO to the proceeding. The nature of suit is stated as Other Statutory Actions. ByteDance -- https://www.bytedance.com/en/ -- is a global incubator of platforms at the cutting edge of commerce, content, entertainment and enterprise services.[BN] The Plaintiffs are represented by: James R. Dugan, II, Esq. David Scott Scalia, Esq. Monica M. Vela-Vick, Esq. DUGAN LAW FIRM APLC One Canal Place 365 Canal Street, Suite 1000 New Orleans, LA 70130 Phone: (504) 648-0180 Fax: (504) 648-0181 Email: jdugan@dugan-lawfirm.com dscalia@dugan-lawfirm.com monica@dugan-lawfirm.com - and - Roderick Alvendia, Esq. ALVENDIA KELLY AND DEMAREST LLC 909 Poydras Street Suite 1625 New Orleans, LA 70131 Phone: (504) 200-0000 Email: rico@akdlalaw.com CALIFORNIA PHYSICIANS: Reingold Sues Over Unlawfully Disclosed Data ------------------------------------------------------------------- Lisa Reingold, individually and on behalf of all others similarly situated v. CALIFORNIA PHYSICIANS' SERVICE d/b/a BLUE SHIELD OF CALIFORNIA, Case No. 3:25-cv-03442-LJC (N.D. Cal., April 18, 2025), is brought for damages and injunctive relief against Defendant's systematic, ongoing practice of unlawfully disclosing Plaintiff's and proposed Class Members' personal, sensitive medical information to unauthorized third parties including Google, LLC and additional unknown data collectors. The Defendant disclosed confidential personally identifiable information ("PII") and protected health information ("PHI") (PII and PHI collectively are "Private Information") as described above, to Google via Google Analytics in violation of various common and statutory data privacy laws. The information Defendant shared with Google includes "Insurance plan name, type and group number; city; zip code; gender; family size; Blue Shield assigned identifiers for your online account; medical claim service date and service provider, patient name, and patient financial responsibility; and 'Find a Doctor' search criteria and results (location, plan name and type, provider named and type)." The Plaintiff and other Class Members who used Blue Shield's Website and App were not made aware their Private Information was being shared with Google Analytics and as a result Plaintiff's and Class Members' Private Information was shared with Google's advertising product, Google Ads ("Data Breach"), without their consent or knowledge, for nearly three years, between April 2021 and January 2024. The Defendant claimed to have discovered the Data Breach on February 11, 2025, but only sent out notice to Plaintiff and Class Members on April 4, 2025. As a result of Blue Shield's unlawful conduct in sharing Plaintiff's Private Information, Plaintiff and Class Members have suffered great harm, including invasion of privacy, loss of benefit of the bargain, diminution of value of their Private Information, statutory damages, and the continued and ongoing risk to their Private Information, says the complaint. The Plaintiff received the Notice Email from Defendant. The Defendant is one of the largest health care insurers in California.[BN] The Plaintiff is represented by: Michael McShane, Esq. Ling Y. Kuang, Esq. AUDET & PARTNERS, LLP 711 Van Ness Avenue, Suite 500 San Francisco, CA 94102 Phone: (415) 568-2555 Facsimile: (415) 568-2556 Email: mmcshane@audetlaw.com lkuang@audetlaw.com - and - Brett R. Cohen, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Phone: (516) 873-9550 Email: bcohen@leedsbrownlaw.com CAMERON'S COFFEE: Knowles Sues Over Blind-Inaccessible Website -------------------------------------------------------------- Carlton Knowles, on behalf of herself and all other persons similarly situated v. CAMERON'S COFFEE AND DISTRIBUTION COMPANY, Case No. 1:25-cv-03475 (S.D.N.Y., April 26, 2025), is brought against the Defendant for its failure to design, construct, maintain, and operate its interactive website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered thereby, is a violation of Plaintiff's rights under the Americans with Disabilities Act ("ADA"). Because Defendant's interactive website, https://www.cameronscoffee.com, including all portions thereof or accessed thereon (collectively, the "Website" or "Defendant's Website"), is not equally accessible to blind and visually-impaired consumers, it violates the ADA. Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that Defendant's Website will become and remain accessible to blind and visually-impaired consumers. By failing to make its Website available in a manner compatible with computer screen reader programs, Defendant deprives blind and visually-impaired individuals the benefits of its online goods, content, and services--all benefits it affords nondisabled individuals--thereby increasing the sense of isolation and stigma among those persons that Title III was meant to redress, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer. CAMERON'S COFFEE AND DISTRIBUTION COMPANY, operates the Cameron's Coffee online retail store, as well as the Cameron's Coffee 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 150 East 18th Street, Suite PHR New York, N.Y. 10003-2461 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: michael@gottlieb.legal dana@gottlieb.legal jeffrey@gottlieb.legal CAPITAL ONE: Class Certification Hearing Rescheduled ---------------------------------------------------- In the class action lawsuit re: Capital One 360 Savings Account Interest Rate Litigation, Case No. 1:24-md-03111-DJN-WBP (E.D. Va.), the Hon. Judge David Novak entered an order rescheduling Class Certification and Daubert Hearing. Due to a scheduling conflict, the Court reschedules the class certification and Daubert hearing in this case that was previously set for May 2, 2025, at 10:00 a.m. This hearing will now take place on May 13, 2025, at 10:00 a.m. in Courtroom 601 at the Alexandria Courthouse. All other aspects of the Court's prior scheduling orders remain undisturbed. A copy of the Court's order dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=yiemRh at no extra charge.[CC] CARTER'S INC: Booth Suit Transferred to N.D. Georgia ---------------------------------------------------- The case captioned as Ann Booth, on behalf of herself and all others similarly situated v. Carter's, Inc., and DOES 1-50, inclusive, Case No. 3:24-cv-01341 was transferred from the U.S. District Court for the District of Oregon, to the U.S. District Court for the Northern District of Georgia on April 17, 2025. The District Court Clerk assigned Case No. 1:25-cv-02117-ELR to the proceeding. The nature of suit is stated as Other Fraud. Carter's, Inc. -- https://www.carters.com/ -- is a major American designer and marketer of children's apparel.[BN] The Plaintiffs are represented by: Kim Stephens, Esq. TOUSLEY BRAIN STEPHENS 1200 Fifth Avenue, Ste. 1700 Seattle, WA 98101 Phone: (206) 682-5600 Fax: (206) 682-2992 Email: kstephens@tousley.com - and - Matthew J. Zevin, Esq. Scott G. Braden, Esq. LYNCH CARPENTER LLP 1234 Camino Del Mar Del Mar, CA 92014 Phone: (619) 762-1900 Fax: (858) 313-1850 The Defendants are represented by: Jay T. Ramsey, Esq. P. Craig Cardon, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP-LA 1901 Avenue of the Stars, Suite 1600 Los Angeles, CA 90067 Phone: (310) 228-3700 Email: jramsey@sheppardmullin.com ccardon@sheppardmullin.com CENTRAL TRANSPORT: Flores Suit Removed to C.D. California --------------------------------------------------------- The case captioned as Christian Flores, individually and on behalf of all others similarly situated v. CENTRAL TRANSPORT LLC; and DOES 1 through 20, Inclusive), Case No. CIVSB2504416 was removed from the Superior Court of the State of California for the County of San Bernardino, to the United States District Court for the Central District of California on April 17, 2025, and assigned Case No. 5:25-cv-00973-SRM-SHK. The Plaintiff seeks to recover waiting time penalties for Defendant's alleged failure to pay Plaintiff all wages upon separation of his employment with Defendant.[BN] The Defendants are represented by: Christian J. Keeney, Esq. Alis M. Moon, Esq. JACKSON LEWIS P.C. 200 Spectrum Center Drive, Suite 500 Irvine, CA 92618 Phone: (949) 885-1360 Fax: (949) 885-1380 Email: Christian.Keeney@jacksonlewis.com Alis.Moon@jacksonlewis.com CENTURY ALUMINUM: Settlement in McDaniel Gets Initial Nod --------------------------------------------------------- In the class action lawsuit captioned as Katie Leigh McDaniel, on behalf of herself and a class of all others similarly situated, Myrna S. Seibel, Robert B. Deaver, Amber Brown, and Catherine B. Burns, v. Century Aluminum Company and Century Aluminum of South Carolina, Inc., Case No. 2:23-cv-05766-RMG (D.S.C.), the Hon. Judge Richard M. Gergel entered an order granting the Plaintiffs' motion for preliminary settlement approval. The Court finds that the settlement reached in this case was the result of a fair process. The Court finds that the proposed class action is the superior method to adjudicate this case. The Court certifies a conditional settlement class as follows: Settlement Class: "All Persons who, as of Sept. 1, 2023, owned a single-family home located in the Class Area as reflected by the Berkley County public records." Excluded from the Settlement Class: (1) Defendants; (2) any entity in which Defendants have a controlling interest; (3) any Person with ownership interest in Defendants; (4) any current or former officer or director of Defendants; (5) the legal representatives, successors, or assigns of the Defendants. The Plaintiffs bring claims of trespass, nuisance, negligence and gross negligence and negligence per se against Defendants. Certain plaintiffs also seek damages for personal injury claims that are not the subject of the present settlement Century Aluminum is a US-based producer of primary aluminum. A copy of the Court's order and opinion dated April 16, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Sklp5z at no extra charge.[CC] CHEETAH MOBILE: PCAOB Securities Class Suits Now Closed ------------------------------------------------------- Cheetah Mobile Inc. and certain of its current and former officers were named as defendants in Public Company Accounting Oversight Board (PCAOB) putative securities class actions filed on June 25, 2020 and July 31, 2020 respectively in the U.S. District Court for the Central District of California. On August 24, 2020, the Court consolidated the two cases under the caption In re: Cheetah Mobile, Inc. Securities Litigation (Case No. 2:20-cv-05696). On March 15, 2021, the plaintiffs filed an amended complaint, in which they sought to represent a class of persons who allegedly suffered damages as a result of their trading in its ADRs between April 26, 2017 and March 24, 2020. The action alleged that the Company made false or misleading statements regarding its business and operations in violation of the Sections 10(b) and 20(a) of the U.S. Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder. On March 30, 2022, the Court granted the Company's motion to dismiss, but gave the plaintiffs leave to amend. On May 6, 2022, the parties reached a stipulation, pursuant to which the plaintiffs voluntarily dismissed the claims asserted in the action, and agreed that they would not amend the complaint or appeal the Court's order. The case is now closed, the Company disclosed in a Form 20-F report for the fiscal year ended December 31, 2024, filed with the U.S. Securities and Exchange Commission. Cheetah Mobile Inc. is a leading internet company based in China. CLEO COMMUNICATIONS: Boles Files Suit in N.D. Illinois ------------------------------------------------------ A class action lawsuit has been filed against Cleo Communications, Inc., et al. The case is styled as David Boles, on behalf of himself and all others similarly situated v. Cleo Communications, Inc., W.K. Kellogg Co., Case No. 3:25-cv-50185 (N.D. Ill., April 21, 2025). The nature of suit is stated as Other P.I. for Personal Injury. Cleo Communications LLC, simply referred to as Cleo -- https://www.cleo.com/ -- is a privately held software company founded in 1976.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com CLEO COMMUNICATIONS: Laughlin Files Suit in N.D. Illinois --------------------------------------------------------- A class action lawsuit has been filed against Cleo Communications, Inc., et al. The case is styled as Colton Laughlin, on behalf of themselves and all others similarly situated v. Cleo Communications, Inc., The Hertz Corporation, Case No. 1:25-cv-04347 (N.D. Ill., April 21, 2025). The nature of suit is stated as Other P.I. for Tort/Non-Motor Vehicle. Cleo Communications LLC, simply referred to as Cleo -- https://www.cleo.com/ -- is a privately held software company founded in 1976.[BN] The Plaintiff is represented by: M. Anderson Berry, Esq. ARNOLD LAW FIRM 865 Howe Avenue Sacramento, CA 95825 Phone: (916) 777-7777 Email: aberry@justice4you.com CLEO COMMUNICATIONS: Sheth Files Suit in N.D. Illinois ------------------------------------------------------ A class action lawsuit has been filed against Cleo Communications, Inc., et al. The case is styled as Abhi Sheth, individually and on behalf of all others similarly situated v. Cleo Communications, Inc., The Hertz Corporation, Case No. 3:25-cv-50194 (N.D. Ill., April 25, 2025). The nature of suit is stated as Other P.I. for Personal Injury. Cleo Communications LLC, simply referred to as Cleo -- https://www.cleo.com/ -- is a privately held software company founded in 1976.[BN] The Plaintiff is represented by: Tina Wolfson, Esq. AHDOOT & WOLFSON, PC 125 Maiden Lane, Suite 5c New York, NE 10038 Phone: (917) 336-0171 Fax: (917) 336-0177 - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com CROSSROADS TRADING: Tardd Sues Over Insufficient Data Security -------------------------------------------------------------- LASEAN TARDD, on behalf of herself and all similarly situated individuals, Plaintiff v. CROSSROADS TRADING CO., INC., Defendant, Case No. 3:25-cv-03346-TSH (N.D. Cal., April 15, 2025) is a class action lawsuit against Crossroads for its negligence and failure to protect and safeguard Plaintiff's and the Class' highly sensitive personally identifiable information. According to Defendant, on February 15, 2025, an unauthorized third-party gained access to its server and encrypted data on its network. By obtaining, collecting, using, and deriving a benefit from Plaintiff's and Class Members' PII, the Defendant assumed legal and equitable duties to Plaintiff and the Class. These duties arose from state and federal statutes and regulations as well as common law principles. The Defendant disregarded the rights of Plaintiff and Class Members by intentionally, willfully, recklessly and/or negligently failing to take and implement adequate and reasonable measures to ensure that Plaintiff's and Class Members' PII was safeguarded, failing to take available steps to prevent an unauthorized disclosure of data and failing to follow applicable, required and appropriate protocols, policies and procedures regarding the encryption of data, even for internal use. As a result, the PII of Plaintiff and Class Members was compromised through disclosure to an unknown and unauthorized third party, says the suit. Crossroads Trading Co., Inc. is a secondhand clothes company that was founded in 1991.[BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 402 W. Broadway, Suite 1760 San Diego, CA 92101 Telephone: (858) 209-6941 E-mail: jnelson@milberg.com - and - William B. Federman, Esq. Kennedy M. Brian, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Ave. Oklahoma City, OK 73120 Telephone: (405) 235-1560 Facsimile: (405) 239-2112 E-mail: wbf@federmanlaw.com kpb@federmanlaw.com CRUNCH LLC: Eloisa Suit Removed to N.D. California -------------------------------------------------- The case captioned as Eduardo Eloisa, on behalf of himself and others similarly situated v. CRUNCH, LLC; CRUNCH HOLDINGS, LLC; and DOES 1 through 100, inclusive, Case No. 25-CIV-00370 was removed from the Superior Court of the State of California, County of San Mateo, to the United States District Court for the Northern of California on April 18, 2025, and assigned Case No. 3:25-cv-03467. Among other things, Plaintiff alleges that Defendants are liable to Plaintiff and Class Members for the following: Failure to pay minimum wages pursuant to Labor Code; Failure to pay overtime wages pursuant to Labor Code; Failure to provide meal periods pursuant to Labor Code; Failure to provide rest periods pursuant to Labor Code; Failure to pay accrued sick pay pursuant to Labor Code; Failure to provide accurate itemized wage statements pursuant to Labor Code; Unlawful business practices pursuant to California Business and Professions Code.[BN] The Defendants are represented by: Mia Farber, Esq. JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5408 Phone (213) 689-0404 Facsimile: (213) 689-0430 Email: Mia.Farber@jacksonlewis.com - and - Shannon Nakabayashi, Esq. JACKSON LEWIS P.C. 50 California Street, 9th Floor San Francisco, CA 94111-4615 Phone: (415) 394-9400 Facsimile: (415) 394-9401 Email: Shannon.Nakabayashi@jacksonlewis.com - and - Isabella L. Shin, Esq. JACKSON LEWIS P.C. 160 W. Santa Clara Street, Suite 400 San Jose, CA 95113 Phone: (408) 579-0404 Facsimile: (408) 454-0290 Email: Isabella.Shin@jacksonlewis.com CVS PHARMACY: Mendoza Suit Removed to N.D. California ----------------------------------------------------- The case captioned as Britney Mendoza, on behalf of herself and all others similarly situated v. CVS PHARMACY, INC.; LONGS DRUG STORES CALIFORNIA, L.L.C.; and DOES 1 through 100, inclusive, Case No. 25CV001377 was removed from the Superior Court of the State of California for the County of Monterey, to the United States District Court for the Northern District of California on April 17, 2025, and assigned Case No. 5:25-cv-03439. The Plaintiff alleges that she "and the Waiting Time Class are entitled to recover the full amount of their unpaid wages, continuation wages under Labor Code." Under California Labor Code, if an employer fails to pay all wages due upon termination in a timely manner, "the wages of the employees shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced" for up to 30 days.[BN] The Defendants are represented by: Jennifer B. Zargarof, Esq. Anahi Cruz, Esq. MORGAN, LEWIS & BOCKIUS LLP 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071-3132 Phone: +1.213.612.2500 Fax: +1.213.612.2501 Email: jennifer.zargarof@morganlewis.com anahi.cruz@morganlewis.com D. PORTHAULT USA: Raheel Seeks Equal Website Access for the Blind ----------------------------------------------------------------- AISHA RAHEEL, on behalf of herself and all others similarly situated, Plaintiff v. D. Porthault USA, LLC, Defendant, Case No. 1:25-cv-02107 (E.D.N.Y., April 16, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, https://dporthaultparis.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by Plaintiff and blind persons using keyboards and screen-reading software. These barriers are pervasive and include, but are not limited to ambiguous link texts, unclear labels for interactive elements, inaccessible drop down menus, inaccurate alt-text on graphics, redundant links where adjacent links go to the same URL address, the denial of keyboard access for some interactive elements, the lack of navigation links, and the requirement that transactions be performed solely with a mouse. The Plaintiff seeks a permanent injunction to cause a change in D. Porthault's policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination. D. Porthault USA, LLC operates the website that offers lines including bed, bath, and table linens, as well as lingerie and home accessories, such as decorative pillows and other home textiles.[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 E-mail: mcohen@ealg.law DADDY'S FAVORITE: Pardo Sues Over Discriminative Property --------------------------------------------------------- Nigel Frank De La Torre Pardo, individually and on behalf of all other similarly situated v. DADDY'S FAVORITE, LLC and WENDY'S INTERNATIONAL, INC. AKA WENDY'S INTERNATIONAL, LLC D/B/A WENDY'S 19709, Case No. 1:25-cv-21671-XXXX (S.D. Fla., April 22, 2025), is brought for injunctive relief, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act ("ADA") as a result of the Defendant's discrimination against the individual Plaintiff by denying him access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the Commercial Property and business located therein, as prohibited by the ADA. Although well over 33 years have passed since the effective date of Title III of the ADA, Defendants have yet to make their facilities accessible to individuals with disabilities. The Plaintiff found the Commercial Property and the business located within the commercial property to be rife with ADA violations. The Plaintiff encountered architectural barriers at the Commercial Property and the business located within the commercial property and wishes to continue his patronage and use of the premises. The Plaintiff has encountered architectural barriers that are in violation of the ADA at the subject Commercial Property and businesses located within the Commercial Property. The barriers to access at the Commercial Property, and businesses within, have each denied or diminished Plaintiff's ability to visit the Commercial Property and have endangered his safety in violation of the ADA. The barriers to access, have likewise posed a risk of injury(ies), embarrassment, and discomfort to Plaintiff, and others similarly situated. The Plaintiff has a realistic, credible, existing and continuing threat of discrimination from the Defendants' non-compliance with the ADA with respect to the described commercial property and restaurant, including but not necessarily limited to the allegations of this Complaint, says the complaint. The Plaintiff uses a wheelchair to ambulate. DADDY'S FAVORITE, LLC, owns, operates and/or oversees the commercial property; to include its general parking lot, parking spots, and entrance access and path of travel specific to the tenant business therein and all other common areas open to the public located within the commercial property.[BN] The Plaintiff is represented by: Anthony J. Perez, Esq. ANTHONY J. PEREZ LAW GROUP, PLLC 7950 w. Flagler Street, Suite 104 Miami, FL 33144 Phone: (786) 361-9909 Facsimile: (786) 687-0445 Email: ajp@ajperezlawgroup.com Secondary Email: jr@ajperezlawgroup.com DAK RESOURCES: Vigil to Proceed Claims on Individual Basis ---------------------------------------------------------- In the class action lawsuit captioned as Vigil v. DAK Resources, Inc., et al., Case No. 2:23-cv-00163 (E.D. Cal., Filed Jan. 27, 2023), the Hon. Judge Troy L. Nunley entered an order that the Plaintiff will proceed on his claims on an individual basis. Therefore, the parties are ordered to file a Joint Status Report within 30 days of the electronic filing date of this Order indicating: (1) a proposed discovery schedule, to the extent additional discovery is needed and (2) a briefing schedule if Plaintiff or Defendant Michaels wishes to file a motion summary judgment or available trial dates if the parties wish to proceed to trial. The nature of suit states Labor Litigation. DAK is a service-disabled veteran-owned staffing and recruiting company.[CC] DONALD TRUMP: Plaintiffs Seek Class Certification ------------------------------------------------- In the class action lawsuit captioned as A.A.R.P., et al., on their own behalf and on behalf of all others similarly situated, v. DONALD J. TRUMP, in his official capacity as President of the United States, et al., Case No. 1:25-cv-00059-H (N.D. Tex.), the Petitioners-Plaintiffs move the Court for an order certifying a class in this matter as follows: "All noncitizens in custody in the Northern District of Texas who were, are, or will be subject to the March 2025 Presidential Proclamation entitled ‘Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua' and/or its implementation." The Petitioners further move for an order appointing them as representatives of the class defined above, and appointing Petitioners' counsel as counsel for the class. The Petitioners further move for an order requiring the government to identify members of the class and provide notice when a class member is transferred into the District. A copy of the Plaintiffs' motion dated April 16, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Yy4Ln9 at no extra charge.[CC] The Plaintiffs are represented by: Lee Gelernt, Esq. Daniel Galindo, Esq. Ashley Gorski, Esq. Patrick Toomey, Esq. Sidra Mahfooz, Esq. Omar Jadwat, Esq. Hina Shamsi, Esq. Noelle Smith, Esq. Oscar Sarabia Roman, Esq. My Khanh Ngo, Esq. Cody Wofsy, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 125 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 549-2660 E-mail: lgelernt@aclu.org lgelernt@aclu.org dgalindo@aclu.org agorski@aclu.org ptoomey@aclu.org smahfooz@aclu.org ojadwat@aclu.org hshamsi@aclu.org nsmith@aclu.org osarabia@aclu.org mngo@aclu.org cwofsy@aclu.org - and - Ashley Alcantara Harris, Esq. Brian Klosterboer, Esq. Thomas Buser-Clancy, Esq. Savannah Kumar, Esq. Charelle Lett, Esq. Ashley Harris, Esq. Adriana Piñon, Esq. Adriana Piñon, Esq. ACLU FOUNDATION OF TEXAS, INC. 1018 Preston St. Houston, TX 77002 Telephone: (713) 942-8146 E-mail: bklosterboer@aclutx.org tbuser-clancy@aclutx.org skumar@aclutx.org clett@aclutx.org aharris@aclutx.org apinon@aclutx.org The Defendants are represented by: Chad Meacham, Esq. UNITED STATES ATTORNEY'S OFFICE NORTHERN DISTRICT OF TEXAS 500 Chestnut Street, Suite 601 Abilene, TX 79602 Telephone: (325) 271-6700 E-mail: CMeacham@usa.doj.gov DUTCH BOTANICALS: Zeiner Seeks to Certify FLSA Collective Action ---------------------------------------------------------------- In the class action lawsuit captioned as ANDREW ZEINER, on behalf of himself and all others similarly situated, v. DUTCH BOTANICALS LLC d/b/a/ MORGANICS CONCENTRATES, a Colorado limited liability company, and JENNY TRAN, individually, Case No. 1:24-cv-01654-NYW-TPO (D. Colo.), the Plaintiff asks the Court to enter an order: a) granting the Plaintiff's unopposed motion and stipulation for certification of FLSA Collective Action and Notice to Collective; b) approving the proposed mailed and electronic Notice and Consent forms; c) requiring Defendants to provide the Plaintiff's Counsel with the Collective Class List within 14 days of this Court's Order; d) Requiring Defendants to provide a declaration as to the accuracy and completeness of the Collective Contact List; e) approving the proposed opt-in schedule; and f) for such other relief requested herein and as the Court deems appropriate under the circumstances. On June 14, 2024, the Plaintiff, on behalf of himself and those similarly situated, filed claims for unpaid overtime wages and other relief pursuant to the FLSA. The Plaintiff moves this Court to conditionally certify a collective action pursuant to 29 U.S.C. § 216(b), divided into two subclasses (the “Collective”), and approve sending of notice to: Subclass I: "All Grow Techs who worked for Defendants and were paid by salary from June 14, 2021, to present, plus any period of tolling." Subclass II "All Growers who worked for the Defendants and were paid by salary from June 14, 2021, to present, plus any period of tolling." Morganic Concentrates is an extraction company based in Aurora, Colorado. A copy of the Plaintiff's motion dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=KBSC7C at no extra charge.[CC] The Plaintiff is represented by: Samuel D. Engelson, Esq. LEVENTHAL SWAN TAYLOR TEMMING PC 3773 Cherry Creek N. Drive, Suite 710 Denver, CO 80209 Telephone: (720) 699-3000 Facsimile: (866) 515-8628 E-mail: sengelson@lstt.law - and - John W. Billhorn, Esq. BILLHORN LAW FIRM 3773 Cherry Creek N. Drive, Suite 710 Denver, CO 80209 Telephone: (312) 853-1450 E-mail: jbillhorn@billhornlaw.com EHANG HOLDINGS: Appeal Deadline in NY Securities Suit Expires ------------------------------------------------------------- Between February 17 and 26, 2021, three federal securities class action lawsuits (captioned Amberber v. EHang Holdings Limited, et al., Case No. 1:21-cv-01392-GBD (S.D.N.Y., filed Feb. 17, 2021), Chaumont v. EHang Holdings Limited, et al., Case No. 1:21-cv-01526-GBD (S.D.N.Y., filed Feb. 19, 2021), and Klein v. EHang Holdings Limited, et al., Case No. 2:21-cv-01811-JFW-PVC (C.D. Cal., filed Feb. 26, 2021)) were filed by purported holders of EHang Holdings Limited's ADSs in federal court. The complaints asserted claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, and generally allege that the company and certain of its officers made false and misleading statements regarding the status of its urban air mobility business, its international and domestic regulatory approvals, its relationships with major customers, and its manufacturing facilities. The complaints name as defendants the company and certain of its officers. In addition to costs and attorneys' fees, the complaints seek compensatory and punitive damages. The Company disclosed in a Form 20-F report for the fiscal year ended December 31, 2024 filed with the U.S. Securities and Exchange Commission that it believes these claims are without merit and intends to vigorously defend against them. These lawsuits were consolidated into a single class action lawsuit under the caption In re EHang Holdings Ltd. Securities Litigation 1.21-CV-01392-GBD-GWG (S.D.N.Y., filed Feb. 19, 2021), and a lead plaintiff and lead counsel were selected in February 2022. The lead plaintiff filed an amended complaint on April 25, 2022, making similar allegations as those in the previous complaints. Defendants filed a motion to dismiss the amended complaint in June 2022. The lead plaintiff filed an opposition to the defendants' motion to dismiss in August 2022. The defendants filed a reply in support of their motion to dismiss in September 2022. In October 2022, the Court held oral argument on defendants' motion to dismiss. The Court granted the defendants' motion to dismiss the amended complaint on December 15, 2022, and entered final judgment dismissing the action in its entirety with prejudice on January 24, 2023. Lead plaintiff did not appeal the final judgment and on February 23, 2023, lead plaintiff's deadline to appeal expired. EHang Holdings Limited is the holding company for Guangzhou EHang Intelligent Technology Co. Ltd., a company based in Guangzhou, China that develops and manufactures autonomous aerial vehicles and passenger AAVs which have entered service in China for aerial cinematography, photography, emergency response, and survey missions. EHANG HOLDINGS: Calif. Court Partially Dismisses "Pujo" Suit ------------------------------------------------------------ On December 4, 2023, a securities class action complaint (captioned Pujo v. EHang Holdings Limited, No. 2:23-cv-10165 (C.D. Cal.)) was filed by purported holders of the Company's ADSs in federal court. The complaint asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, and generally alleges that the Company and certain of its officers and directors made false and misleading statements regarding the Company's business, operations, and prospects, among other allegations. The complaint is based in large part on a November 7, 2023, report issued by short seller Hindenburg Research. The complaint names as defendants certain of the Company's officers and directors. The complaint seeks unspecified monetary damages on behalf of the putative class and an award of costs and expenses, including reasonable attorneys' fees. On February 2, 2024, purported stockholders of the Company moved for appointment as lead plaintiff. On August 12, 2024, the Court appointed a lead plaintiff and lead counsel. The lead plaintiff filed an amended complaint on October 14, 2024. EHang moved to dismiss the amended complaint on December 7, 2024, and the lead plaintiff filed an opposition to the motion on January 31, 2025. EHang filed a reply in support of its motion to dismiss on March 14, 2025. On March 26, 2025, the Court granted in part and denied in part EHang's motion to dismiss. The Company said in a Form 20-F report for the fiscal year ended December 31, 2024 filed with the U.S. Securities and Exchange Commission that it intends to vigorously defend against these claims. However, given the uncertainty of litigation, the preliminary stage of the case, and the legal standards that must be met for, among other things, class certification and success on the merits, it cannot estimate the reasonably possible loss or range of loss that may result from this action. EISNER ADVISORY: Fails to Protect Sensitive Data, Rushing Says -------------------------------------------------------------- TIMOTHY RUSHING, on behalf of himself and all others similarly situated, Plaintiff v. EISNER ADVISORY GROUP LLC, Defendant, Case No. 1:25-cv-03102 (S.D.N.Y., April 15, 2025) arises from Defendant's failure to protect highly sensitive data. The Defendant stores a litany of highly sensitive personal identifiable information and protected health information about its current and former clients and/or consumers, including Plaintiff. But Defendant lost control over that data when cybercriminals infiltrated its insufficiently protected computer systems in a data breach. The complaint asserts that 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. In short, Defendant's failures placed the Class' PII/PHI in a vulnerable position -- rendering them easy targets for cybercriminals. The Plaintiff is a data breach victim, having received a breach notice. He brings this class action on behalf of himself, and all others harmed by Defendant's alleged misconduct. Eisner Advisory Group LLC is a full-service accounting firm and auditor.[BN] The Plaintiff is represented by: Linda H. Joseph, Esq. SCHRODER, JOSEPH & ASSOCS. LLP 394 Franklin Street, Second Floor Buffalo, NY 14202 Telephone: (716) 881-4900 Facsimile: (716) 881-4909 Cellular: (716) 861-1398 E-mail: ljoseph@sjalegal.com - and - Samuel J. Strauss, Esq.   Raina 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 ELEVATOR CONSTRUCTORS: $5MM Settlement in McLachlan Gets Final OK ----------------------------------------------------------------- In the class action lawsuit captioned as BRADLEY J. MCLACHLAN & ALEX D. GRAHAM, individually and on behalf of all others similarly situated, v. THE BOARD OF TRUSTEES OF THE ELEVATOR CONSTTRUCTORS ANNUITY AND 401(K) RETIREMENT PLAN et al., Case No. 2:22-cv-04115-MMB (E.D. Pa.), the Hon. Judge Baylson entered an order granting the Plaintiffs' motion for final approval and granting in part and denying in part the Plaintiffs' motion for attorneys' fees, litigation expenses, and incentive awards. The Court finds that the Settlement is fair, reasonable, and adequate. Lending the Settlement the requisite presumption of fairness, the Court notes that the Girsh factors, the Prudential factors, and the Baby Products together counsel in favor of approval of the Settlement. Accordingly, the Court grants final approval of the Settlement. Cross-checking the requested attorneys' fee award under the lodestar method confirms the Court's finding, pursuant to the percentage-of-recovery method, that the requested award is unreasonable and confirms the reasonableness the Court's award of $950,000.00 in attorneys' fees. In this class action, two participants in a multi-employer retirement plan allege that the plan's Trustees breached their fiduciary duties under ERISA by retaining more expensive and underperforming funds, failing to monitor excessive record keeping and administrative fees and costs, and failing to monitor investment management fees. B The Plaintiff proposes a class of "All persons who have been participants, beneficiaries and alternate payees of the Plan from Oct. 13, 2016[,] through the date of the Preliminary Approval Order, except for past and present members of the Board from Oct. 13, 2016 through the date of the Preliminary Approval Order," which is Nov. 26, 2024. Under the Settlement, the Trustees will pay $5,000,000.00 ("Settlement Fund") to be allocated to participants on a pro-rata basis in exchange for releases and dismissal of this action. A copy of the Court's memorandum dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=OvCbal at no extra charge.[CC] ENDUE INC: Fails to Protect Personal Info, Pauley Suit Says ----------------------------------------------------------- ROBERT PAULEY, individually and on behalf of all others similarly situated, Plaintiff v. ENDUE, INC. d/b/a/ ENDUE SOFTWARE Defendant, Case No. 2:25-cv-00177-JAW (D. Maine, April 16, 2025) seeks to hold the Defendant responsible for the harms it caused Plaintiff and similarly situated persons in the preventable data breach of Defendant's inadequately protected computer network. On February 17, 2025, Endue detected suspicious activity on its computer network, indicating a data breach. Based on a subsequent forensic investigation, Endue determined that cybercriminals infiltrated its inadequately secured computer environment and thereby gained access to its data files. The investigation further determined that the Data Breach exposed the personal information of 118,028 individuals. According to Endue, the personal information accessed by cybercriminals involved a wide variety of personally identifiable information and protected health information, including names, dates of birth, Social Security numbers, and medical record numbers. By taking possession and control of Plaintiff's and Class members' personal information, the Defendant assumed a duty to securely store and protect the Personal Information of Plaintiff and the Class. The Defendant breached this duty and betrayed the trust of Plaintiff and Class members by failing to properly safeguard and protect their personal information, thus enabling cybercriminals to access, acquire, appropriate, compromise, disclose, encumber, exfiltrate, release, steal, misuse, and/or view it, says the suit. Endue, Inc. is a software company that provides an end-to-end infusion management platform.[BN] The Plaintiff is represented by: David E. Bauer, Esq. 443 Saint John Street Portland, ME 04102 Telephone: (207) 804-6296 E-mail: David.edward.bauer@gmail.com - and - A. Brooke Murphy, Esq. MURPHY LAW FIRM 4116 Wills Rogers Pkwy, Suite 700 Oklahoma City, OK 73108 Telephone: (405) 389-4989 E-mail: abm@murphylegalfirm.com ENDUE INC: Polite Sues Over Inadequately Protected Network ---------------------------------------------------------- Moira Polite, individually and on behalf of all others similarly situated v. ENDUE, INC. d/b/a/ ENDUE SOFTWARE, Case 2:25-cv-00181-JAW (D. Me., April 18, 2025), is brought to hold Defendant responsible for the harms it caused Plaintiff and similarly situated persons in the preventable data breach of Defendant's inadequately protected computer network. On February 17, 2025, Endue detected suspicious activity on its computer network, indicating a data breach. Based on a subsequent forensic investigation, Endue determined that cybercriminals infiltrated its inadequately secured computer environment and thereby gained access to its data files (the "Data Breach" or "Breach"). According to Endue, the personal information accessed by cybercriminals involved a wide variety of personally identifiable information ("PII") and protected health information ("PHI"), including names, dates of birth, Social Security numbers, and medical record numbers (collectively, "Personal Information"). As part of its business, and in order to gain profits, Defendant obtained and stored the Personal Information of Plaintiff and Class members. By taking possession and control of Plaintiff's and Class members' Personal Information, Defendant assumed a duty to securely store and protect the Personal Information of Plaintiff and the Class. The Defendant breached this duty and betrayed the trust of Plaintiff and Class members by failing to properly safeguard and protect their Personal Information, thus enabling cybercriminals to access, acquire, appropriate, compromise, disclose, encumber, exfiltrate, release, steal, misuse, and/or view it. The Defendant's misconduct – failing to implement adequate and reasonable measures to protect Plaintiff's and Class members' Personal Information, failing to timely detect the Data Breach, failing to take adequate steps to prevent and stop the Data Breach, failing to disclose the material facts that it did not have adequate security practices in place to safeguard the Personal Information, and failing to provide timely and adequate notice of the Data Breach – caused substantial harm and injuries to Plaintiff and Class members across the United States, says the complaint. The Plaintiff received a notice letter from Defendant dated April 11, 2025. The Defendant is a software company that provides a end-to-end infusion management platform.[BN] The Plaintiff is represented by: David E. Bauer, Esq. 443 Saint John Street Portland, Maine 04102 Phone: (207) 804-6296 Email: David.edward.bauer@gmail.com - and - Jeff Ostrow, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Phone: 954.332-4200 Email: ostrow@kolawyers.com ERIC ARMEL: Plaintiffs' Bid for Class Cert Due Sept. 17 ------------------------------------------------------- In the class action lawsuit captioned as XAVIAR PAGAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; RONNIE E. JOHNSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; KAREEM MAZYCK, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; ANGEL MALDONADO, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; AND T. MONTANA BELL, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; v. SUPERINTENDENT ERIC ARMEL, FORMER SUPERINTENDENT, SCI FAYETTE; et al. Case No. 2:22-cv-01516-MJH-CBB (W.D. Pa.), the Hon. Judge Christopher B. Brown entered a fourth amended case management order: 1. The parties shall complete class certification discovery by May 14, 2025. 2. The Plaintiff's Expert Reports related to class certification are due on or before June 16, 2025. Defendant's Expert Reports related to class certification are due on or before July 16, 2025. Depositions of all experts related to class certification shall be on or before Aug. 18, 2025. 3. The Plaintiffs' Motion for Class Certification is due on or before Sept. 17, 2025; Defendants' Response is due on or before Oct. 17, 2025; and Plaintiffs' Reply, if any, is due on or before Nov. 4, 2025. A copy of the Court's order dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=r0jq5T at no extra charge.[CC] FLORIDA: Class Cert Bid Filing Extended to May 29 ------------------------------------------------- In the class action lawsuit captioned as KARIMA ANDERSON, ANDREW BECKER, SHANNA BROWN, WAYNE NEWELL, REZA KUSANI, STUART REESE, ROBIN REESE, ZACK THOMPSON, and VICTOR KHOURY, v. FLORIDA DEPARTMENT OF COMMERCE (FDOC) and J. ALEX KELLY, in his official capacity as Florida Secretary of Commerce, Case No. 4:25-cv-00016-AW-MAF (N.D. Fla.), the Hon. Judge Allen Winsor entered an order granting the Plaintiffs' unopposed motion for extension. The deadline to move for class certification is extended to May 29, 2025. Florida Department of Commerce promotes economic opportunities for all Floridians. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=uVloWj at no extra charge.[CC] FRANKLIN COUNTY, OHIO: Court Extends Time to File Class Cert Reply ------------------------------------------------------------------ In the class action lawsuit captioned as Smith-Journigan, et al., v. Franklin County, Ohio, Case No. 2:18-cv-00328 (S.D. Ohio, Filed April 11, 2018), the Hon. Judge Michael H. Watson entered an order granting motion for extension of time to file response to renewed motion for class certification. The suit alleges violation of the Civil Rights Act. Franklin County is a county in the U.S. state of Ohio.[CC] GIANNELLA'S MODERN: Court Certifies Settlement Class ---------------------------------------------------- In the class action lawsuit captioned as MARIA SARAVIA ALARCON on behalf of herself and all others similarly situated, v. GIANNELLA'S MODERN BAKERY LLC and JOHN IMPARATO, Case No. 2:23-cv-00447-JSA (D.N.J.), the Hon. Judge Jessica Allen entered an order conditionally certifying, for settlement purposes only, the following Federal Rule of Civil Procedure 23 Class consisting of: "All manual workers including oven operators, bakers, packers, and cleaners paid on an hourly basis who worked for Giannella's Modern Bakery LLC at any time from Jan. 1, 2019, through Dec. 31,2023." The Court also entered an order appointing the Plaintiff, for settlement purposes only, as Class Representative; and appointing Pechman Law Group PLLC, for settlement purposes only, as Class Counsel. The Plaintiff shall file a motion for final approval of class settlement on or before Oct. 1, 2025. The Court will conduct and in-person final approval hearing on Oct. 29, 2025. Giannella Modern is known for high quality, freshly-baked good at reasonable prices. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Aebc4x at no extra charge.[CC] GKI FOODS: American Foods Suit Removed to D. New Hampshire ---------------------------------------------------------- The case captioned as American Foods, LLC, and others similarly situated v. GKI FOODS, LLC; HOME-OWNERS INSURANCE COMPANY; UTICA NATIONAL INSURANCE GROUP; REPUBLIC INSURANCE COMPANY; and UTICA MUTUAL INSURANCE COMPANY, Case No. 226-2025-cv-00117 was removed from the New Hampshire Superior Court, Hillsborough County, to the United States District Court for the District of New Hampshire on April 17, 2025, and assigned Case No. 1:25-cv-00149. The Plaintiff in the Class Action Lawsuit alleges that the labeling of certain coated pretzels as a "healthy" snack by CVS Pharmacy, Inc. ("CVS") is deceptive because the pretzels are not healthy.[BN] The Defendants are represented by: Michael J. Rossi, Esq. CONN KAVANAUGH ROSENTHAL PEISCH & FORD, LLP One Federal Street, 15th Floor Boston, MA 02110 Phone: 617-482-8200 Email: mrossi@connkavanaugh.com GOODRX INC: Bueno Pharmacy Files Suit in D. Rhode Island -------------------------------------------------------- A class action lawsuit has been filed against GoodRx, Inc., et al. The case is styled as Bueno Pharmacy LLC, SDDDC LLC, Lakhani Rx Inc. doing business as: Garden Drug Pharmacy, on behalf of itself and all others similarly situated v. GoodRx, Inc., GoodRx Holdings, Inc., CVS Caremark Corporation, Express Scripts Holding Company, Medimpact Healthcare Systems, Inc., Navitus Health Solutions, LLC, Case No. 1:25-md-03148-MSM-LDA (D.R.I. April 17, 2025). The nature of suit is stated as Anti-Trust. GoodRx -- https://www.goodrx.com/ -- is the first and only prescription drug price comparison tool created for consumers with prices from pharmacies nationwide.[BN] The Plaintiffs are represented by: Darren F. Corrente, Esq. CORRENTE LAW CORPORATION 226 South Main Street Providence, RI 02903 Phone: (401) 480-4338 Fax: (401) 453-2549 Email: darren@correntelawri.com - and - Nicholas Thomas Hunt, Esq. Stephen M. Prignano, Esq. MCINTYRE TATE LLP 50 Park Row West, Ste 109 Providence, RI 02903 Phone: (401) 351-7700 Email: nhunt@mcintyretate.com SPrignano@McIntyreTate.com The Defendants are represented by: Alexandra Rose, Esq. David J. Lender, Esq. Jennifer Brooks Crozier, Esq. WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 Phone: (212) 310-8823 Email: Alexandra.Rose@weil.com david.lender@weil.com Jennifer.Crozier@weil.com - and - Matthew Thomas Oliverio, Esq. OLIVERIO & MARCACCIO LLP 30 Romano Vineyard Way, Ste. 109 North Kingstown, RI 02852 Phone: 861-2900 Fax: 861-2922 Email: mto@om-rilaw.com - and - Rebecca F. Briggs, Esq. HINCKLEY ALLEN 100 Westminster Street, Suite 1500 Providence, RI 02903 Phone: (401) 274-2000 Email: rbriggs@hinckleyallen.com GOOGLE LLC: Seeks to Remove Incorrectly Filed Docs in Rabin ----------------------------------------------------------- In the class action lawsuit captioned as STEVE RABIN, CPA and IAN GRAVES, on behalf of themselves and all others similarly situated, v. GOOGLE LLC, Case No. 5:22-cv-04547-PCP (N.D. Cal.), the Defendant asks the Court to enter an order granting motion to remove incorrectly filed documents: Google submits motion to remove incorrectly filed documents, wherein google seeks to remove from the docket the following documents: -- Exhibit 2 to Somvichian Declaration; and -- Exhibit 14 to Somvichian Declaration. After the filing of the docket entries listed above, Google discovered certain information that Plaintiffs had designated as confidential was inadvertently filed publicly and/or unredacted. After discovering this issue, counsel for Google immediately contacted the ECF Helpdesk and the documents were locked. Accordingly, Google requests that these two exhibits to the Somvichian Declaration be permanently deleted from the docket and replaced with the documents attached to the instant motion. Google specializes in internet related services and products. A copy of the Defendant's motion dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=6Hj8jj at no extra charge.[CC] The Defendant is represented by: Whitty Somvichian, Esq. Kristine Forderer, Esq. Christopher M. Andrews, Esq. Alexandra Cubaleski, Esq. Robert E. Earles, Esq. COOLEY LLP 3 Embarcadero Center, 20th Floor San Francisco, CA 94111-4004 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 E-mail: wsomvichian@cooley.com kforderer@cooley.com candrews@cooley.com acubaleski@cooley.com rearles@cooley.com GOVERNMENT EMPLOYEES: Steve Seek More Time to File Class Cert. Bid ------------------------------------------------------------------ In the class action lawsuit captioned as STEVE CHING INSURANCE, INC., et al., v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al., Case No. 8:23-cv-03033-PX (D. Md.), the Plaintiffs ask the Court to enter an order granting request that all current discovery deadlines be extended by two months, as follows: Requirement Proposed Dates Plaintiffs' 26(a)(2) disclosures, Aug. 4, 2025 including expert report(s): Plaintiffs' motion for class certification: Aug. 4, 2025 Defendants' 26(a)(2) disclosures, Nov. 2, 2025 including expert report(s): Defendants' response in opposition to the Nov. 2, 2025 motion for class certification: Plaintiffs' reply in support of motion Feb. 2, 2026 for class certification: Hearing on motion for class certification: April 3, 2026, or at the Court's earliest convenience thereafter The commercial class action brought against Defendants by two GEICO insurance agencies on behalf of themselves, a putative nationwide class of all current and former GEICO insurance agencies, and a putative nationwide class of all former GEICO insurance agencies, and alleging claims for Breach of Contract – Termination (Count I), Unjust Enrichment – Termination and Renewal Commissions (Count II), Breach of Contract – Renewal Commissions (Count III), and Unjust Enrichment – Misappropriation of Commissions (Count IV). The requested second extension is not sought for purposes of delay, but to ensure that the Plaintiffs can fully evaluate the substantial evidence and adequately prepare their case in the service of their interests. Government Employees provides motorcycle, ATV, RV, boat, snowmobile, travel, pet, event, homeowner, renter, and jewelry insurance options. A copy of the Plaintiffs' motion dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ZUpv3L at no extra charge.[CC] The Plaintiffs are represented by: Adam J. Levitt, Esq. Amy E. Keller, Esq. John Tangren, Esq. Eaghan S. Davis, Esq. Diandra S. Debrosse Zimmerman, Esq. Eli Hare, Esq. Kenneth P. Abbarno, Esq. Justin J. Hawal, Esq. Eviealle J. Dawkins, Esq. DICELLO LEVITT LLP 10 North Dearborn Street, Sixth Floor Chicago, IL 60602 Telephone: (312) 214-7900 E-mail: alevitt@dicellolevitt.com akeller@dicellolevitt.com jtangren@dicellolevitt.com edavis@dicellolevitt.com fu@dicellolevitt.com ehare@dicellolevitt.com kabbarno@dicellolevitt.com jhawal@dicellolevitt.com edawkins@dicellolevitt.com - and - Benjamin Crump, Esq. Gabrielle Higgins, Esq. Brendan H. Chandonnet, Esq. BEN CRUMP LAW, PLLC 122 South Calhoun Street Tallahassee, FL 32301 Telephone: (800) 691-7111 E-mail: ben@bencrump.com gabrielle@bencrump.com brendan@bencrump.com The Defendants are represented by: Gerald L. Maatman, Jr., Esq. Jennifer A. Riley, Esq. Justin Donoho, Esq. DUANE MORRIS LLP 190 S. LaSalle St., Suite 3700 Chicago, IL 60603 Telephone: (312) 499-6700 Facsimile: (312) 499-6701 E-mail: gmaatman@duanemorris.com jariley@duanemorris.com jrdonoho@duanemorris.com GROCERY DELIVERY: Hague Files TCPA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Grocery Delivery E-Services USA Inc. The case is styled as Ebtesam Hague, individually and on behalf of all others similarly situated v. Grocery Delivery E-Services USA Inc. doing business as: EveryPlate, Case No. 1:25-cv-03218 (S.D.N.Y., April 17, 2025). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Grocery Delivery E-Services USA Inc. doing business as EveryPlate -- https://www.everyplate.com/ -- provide affordable and easy-to-cook meal options, making them a great option for those looking for a budget-friendly and convenient meal solution.[BN] The Plaintiff is represented by: Zane Charles Hedaya, Esq. LAW OFFICES OF JIBRAEL S. HINDI, PLLC 1515 NE 26th St. Fort Lauderdale, FL 33305 Phone: (813) 340-8838 Email: zane@jibraellaw.com GRUMA CORPORATION: Hudson Suit Removed to C.D. California --------------------------------------------------------- The case captioned as Travis Hudson, an individual, on behalf of himself and all others similarly situated v. GRUMA CORPORATION, a Nevada corporation, d/b/a MISSION FOODS; and DOES 1 through 100, inclusive, Case No. CVRI2500770 was removed from the Superior Court of California in and for the County of Riverside, to the United States District Court for the Central District of California on April 17, 2025, and assigned Case No. 5:25-cv-00947. The Complaint asserts eight causes of action for failure to compensate for all hours worked; failure to pay overtime; failure to reimburse expenses; unlawful deductions from wages; failure to provide accurate wage statements; failure to provide meal periods; failure to provide rest breaks; and unfair business practices.[BN] The Defendants are represented by: Chris A. Jalian, Esq. Matthew L. Honig, Esq. PAUL HASTINGS LLP 515 South Flower Street, Twenty-Fifth Floor Los Angeles, CA 90071 Phone: (213) 683-6143 Facsimile: (213) 627-0705 Email: chrisjalian@paulhastings.com matthewhonig@paulhastings.com HAWAIIAN AIRLINES: Baltrus Suit Removed to C.D. California ---------------------------------------------------------- The case captioned as Tiffany Baltrus, individually and on behalf of all others similarly situated v. HAWAIIAN AIRLINES, INC.; and DOES 1 through 20, inclusive, Case No. 25STCV06365 was removed from the Superior Court of the State of California for the County of Los Angeles, to the United States District Court for the Central of California on April 18, 2025, and assigned Case No. 2:25-cv-03455. In the Complaint, Plaintiff asserts claims for: failure to pay minimum wages; failure to pay overtime wages; failure to provide meal periods; failure to provide rest breaks; failure to reimburse business expenses; failure to provide accurate itemized wage statements; failure to pay all wages due upon separation of employment; and violation of Business and Professions Code.[BN] The Defendants are represented by: Koree B. Wooley, Esq. Kassia Stephenson, Esq. JONES DAY 4655 Executive Drive, Suite 1500 San Diego, CA 92121 Phone: +1.858.314.1200 Facsimile: +1.844.345.3178 Email: kbwooley@jonesday.com kstephenson@jonesday.com IMG CORPORATIONS: Vasquez Suit Removed to N.D. California --------------------------------------------------------- The case captioned as Izaiah Vasquez, on behalf of himself and all others similarly situated v. IMG CORPORATIONS; and DOES 1 through 100, inclusive, Case No. 24CV104427 was removed from the Superior Court of California, County of Alameda, to the United States District Court for the Northern District of California on April 17, 2025, and assigned Case No. 3:25-cv-03434. The Plaintiff's complaint asserts class and representative causes of action for: "Wage statement violations; Failure to pay earned wages; Waiting time penalties; Failure to reimburse business expenses; Unfair Competition; and Civil penalties under the private attorneys general act."[BN] The Plaintiff is represented by: Tuvia Korobkin, Esq. F. Shawn Azizollahi, Esq. Nancy Goodes, Esq. MARQUEE LAW GROUP, A Professional Corporation 9100 Wilshire Blvd. Suite 445 East Tower Beverly Hills, CA 90212 Phone: (310) 275-1844 Email: tuvia@marqueelaw.com shawn@marqueelaw.com nancy@marqueelaw.com The Defendants are represented by: Michelle L. Covington, Esq. FREEMAN MATHIS & GARY LLP 550 South Hope Street, Suite 2200 Los Angeles, CA 90071 Phone: 925-466-4739 Email: Michelle.Covington@fmglaw.com IRB HOLDING: Simpson Sues Over Unlawful Nicotine Surcharges ----------------------------------------------------------- LASHANN SIMPSON, SIVONEED ROMERO-SOTO, and TOMMY GURROLA on behalf of themselves and all others similarly situated, Plaintiffs, vs. IRB HOLDING CORP. d/b/a INSPIRE BRANDS, INC. and JOHN/JANE DOE 1 10, Defendants, Case No. 1:25-cv-02058-LMM (N.D. Ga., April 15, 2025) challenges Defendants' unlawful practice of charging a "nicotine surcharge" without complying with the regulatory requirements under the Employee Retirement Income Security Act of 1974 and the implementing regulations. According to the complaint, under the Inspire Brands Health & Welfare Plan, the Defendants operate a non-compliant, discriminatory tobacco wellness program that does not offer the "full reward" to participants who satisfy the alternative standard and does not provide proper notice in all plan materials, violating federal regulations and depriving participants of benefits required under ERISA. By refusing to provide retroactive reimbursement, the Defendants deny participants the opportunity to achieve the "full reward," as required by law. This failure prevents "all similarly situated individuals" from obtaining the "full reward," rendering the wellness program discriminatory and noncompliant with regulatory standards. Moreover, the Plan fails to meet the notice requirements necessary for a lawful wellness program, the suit says. The Plaintiffs are current and former employees of Buffalo Wild Wings, a subsidiary of Inspire Brands, who paid, and continue to pay, the alleged unlawful nicotine premiums to maintain health insurance coverage under the Plan. IRB HOLDING CORP., d/b/a INSPIRE BRANDS, INC., is an American fast-food restaurant franchise company.[BN] The Plaintiffs are represented by: James M. Evangelista, Esq. EVANGELISTA WORLEY, LLC 10 Glenlake Parkway South Tower Suite 130 Atlanta, GA 30328 E-mail: jim@ewlawllc.com - and - Oren Faircloth, Esq. Kimberly Dodson, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (929) 677-5181 E-mail: ofaircloth@sirillp.com kdodson@sirillp.com J.D. WORKFORCE: Appeals Ruling on Bid to Dismiss Huerta Suit ------------------------------------------------------------ J.D. WORKFORCE, INC., et al. are taking an appeal from a court order granting in part and denying in part their motion to dismiss in the lawsuit entitled Jose Huerta, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. J.D. Workforce, Inc., et al., Defendants, Case No. 7:23-cv-5382, in the U.S. District Court for the Southern District of New York. As previously reported in the Class Action Reporter, the lawsuit is brought against the Defendants for violations of the Fair Labor Standards Act (FLSA), the New York Labor Law, the New York State Human Rights Law, and the New York City Human Rights Law. On Apr. 5, 2024, the Defendants filed a motion to dismiss for lack of jurisdiction, which Judge Kenneth M. Karas granted in part and denied in part on Mar. 3, 2025. In sum, the motion was granted as to the Plaintiffs' FLSA claims against Defendant Hamwattie Bissoon, and was denied as to all other claims and all other Moving Defendants. Because this is the first adjudication on the merits of the Plaintiffs' FLSA claim against Bissoon, its dismissal is without prejudice. On Apr. 2, 2025, the Plaintiffs filed a second amended complaint. The appellate case is captioned Huerta v. J.D. Workforce, Inc., Case No. 25-810, in the United States Court of Appeals for the Second Circuit, filed on April 8, 2025. [BN] Plaintiffs-Appellees JOSE HUERTA, et al., individually and on behalf of all others similarly situated, are represented by: Katherine Yesenia Morales, Esq. KATZ MELINGER PLLC 370 Lexington Avenue, Suite 1512 New York, NY 21246 Defendants-Appellants J.D. WORKFORCE, INC., et al. are represented by: Emanuel Kataev, Esq. SAGE LEGAL LLC 18211 Jamaica Avenue Jamaica, NY 11423 JILL ACQUISITION: Cody Suit Removed to S.D. California ------------------------------------------------------ The case captioned as Annette Cody, individually and on behalf of all others similarly situated v. Jill Acquisition LLC doing business as: www.jjill.com, Case No. 25CU013438C was removed from the Superior Court of California, County of San Diego, to the U.S. District Court for the Southern District of California on April 21, 2025. The District Court Clerk assigned Case No. 3:25-cv-00937-TWR-KSC to the proceeding. The nature of suit is stated as Other Civil Rights for Class Action Fairness Act. J.Jill -- https://www.jjill.com/ -- offers unique and fashionable women's apparel, accessories, and footwear.[BN] The Plaintiff is represented by: Scott J. Ferrell, Esq. Victoria C. Knowles, Esq. PACIFIC TRIAL ATTORNEYS APC 4100 Newport Place Drive Suite 800 Newport Beach, CA 92660 Phone: (949) 706-6464 Fax: (949) 706-6469 Email: sferrell@pacifictrialattorneys.com vknowles@pacifictrialattorneys.com The Defendants are represented by: Alyssa Sones, Esq. Phillip Craig Cardon, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 Avenue of the Stars, Ste. 1600 Los Angeles, CA 90067 Phone: (424) 288-5305 Fax: (310) 228-3701 Email: ASones@sheppardmullin.com ccardon@sheppardmullin.com KAISER FOUNDATION: Culbert Suit Removed to D. Colorado ------------------------------------------------------ The case captioned as Jennifer Culbert, Individually and on behalf of all others similarly situated v. KAISER FOUNDATION HEALTH PLAN OF COLORADO, a Colorado Nonprofit Corporation, and COLORADO PERMANENTE MEDICAL GROUP, P.C., a Colorado corporation, Case No. 2025CV31089 was removed from the Superior Court of the District Court of the City and County of Denver, Colorado, to the United States District Court for the District of Colorado on April 17, 2025, and assigned Case No. 1:25-cv-01231. The Plaintiff alleges she was employed by Defendants1 and is a member of the Union. The Plaintiff alleges that Defendants breached certain provisions of the CBA. In Count I, she claims, in part, that Defendants failed to pay an agreed-upon shift differential under the CBA such that it impacts the overtime rate, and, in Count II, she claims that Defendants breached the CBA in not paying certain contractually agreed-upon rates. Essentially, her claim that Defendants breached certain provisions within the CBA is repackaged as claims under the Colorado Wage Act.[BN] The Plaintiff is represented by: David H. Miller, Esq. Victoria E. Guzman, Esq. THE WILHITE & MILLER LAW FIRM 1600 Ogden Street Denver, Colorado 80218 Phone: (303) 551-7667 Email: dhmiller@Wilhitelawfirm.com vguzman@Wilhitelawfirm.com The Defendants are represented by: Juan C. Obregon, Esq. Anne L. Stuller, Esq. Steven D. Eheart, Esq. HOLLAND & HART LLP 555 17th Street, Suite 3200 Denver, CO 80202-3921 Phone: 303.295.8000 Email: JCObregon@hollandhart.com ALStuller@hollandhart.com SDEheart@hollandhart.com KROGER CO: Vaccaro Suit Removed to C.D. California -------------------------------------------------- The case captioned as David Vaccaro, individually, and on behalf of all others similarly situated v. THE KROGER CO. d/b/a RALPH'S, and DOES 1 through 10, inclusive, and each of them, Case No. 25STCV06965 was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central of California on April 18, 2025, and assigned Case No. 2:25-cv-03475. The Complaint alleges that Kroger violated the California Invasion of Privacy Act ("CIPA"), California Penal Code, when Kroger allegedly recorded phone calls with Plaintiff without his knowledge or consent. Further, the Complaint asserts two counts on behalf of Plaintiff and two putative classes: violation of California Penal Code as to telephone conversations generally; and violation of California Penal Code as to cellular telephone conversations only.[BN] The Defendants are represented by: Thomas N. McCormick, Esq. VORYS, SATER, SEYMOUR AND PEASE LLP 2211 Michelson Drive, Suite 500 Irvine, CA 92612 Phone: (949) 526-7903 Facsimile: (949) 526-7903 Email: tnmccormick@vorys.com LABOR SOURCE: Speight Appeals Tossed Class Cert. Bid to 4th Circuit ------------------------------------------------------------------- BILLY SPEIGHT, et al. are taking an appeal from a court order denying their motion to certify class in the lawsuit entitled Billy Speight, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. Labor Source, LLC, Defendant, Case No. 4:21-cv-00112-FL, in the U.S. District Court for the Eastern District of North Carolina. As previously reported in the Class Action Reporter, the lawsuit is brought against the Defendant for violation of the Fair Labor Standards Act ("FLSA") and the North Carolina Wage and Hour Act ("NCWHA"). On Apr. 10, 2024, the Plaintiffs filed a motion to certify class, which Judge Louise Wood Flanagan denied on Sept. 23, 2024. On Oct. 4, 2024, the Plaintiffs filed a motion for reconsideration regarding the Sept. 23 Order. On Dec. 16, 2024, the Plaintiffs filed a renewed motion to certify class, which Judge Flanagan denied on Mar. 24, 2025. The Court held that the Plaintiffs have not met their burden of proof on the instant renewed motion for class certification. There is a mismatch between the Plaintiffs' contentions in their briefs and the evidence of the actual experience of class representatives during the class period. The Plaintiffs also have not shown that common issues bearing on NCWHA claims predominate over individualized issues. Therefore, there is a lack of commonality and predominance, as well as typicality, necessary for class certification. The appellate case is entitled Billy Speight v. Labor Source, LLC, Case No. 25-139, in the United States Court of Appeals for the Fourth Circuit, filed on April 8, 2025. [BN] Plaintiffs-Petitioners BILLY SPEIGHT, et al., individually and on behalf of all others similarly situated, are represented by: Carolyn H. Cottrell, Esq. Ori Edelstein, Esq. SCHNEIDER WALLACE COTTRELL KONECKY LLP 2000 Powell Street Emeryville, CA 94608 Telephone: (415) 421-7100 - and – John J. Nestico, Esq. SCHNEIDER WALLACE COTTRELL KONECKY LLP 2138 Harris Road Charlotte, NC 28211 - and – Ryan A. Quadrel, Esq. SCHNEIDER WALLACE COTTRELL KONECKY LLP 300 South Grand Avenue Los Angeles, CA 90071 - and – Eugene Zinovyev, Esq. WILSHIRE LAW FIRM 3055 Wilshire Boulevard Los Angeles, CA 90010 Defendant-Respondent LABOR SOURCE, LLC is represented by: Justin M. Dean, Esq. JACKSON LEWIS PC 7101 College Boulevard Overland Park, KS 66210 - and – Damon Gray, II, Esq. JACKSON LEWIS PC 3737 Glenwood Avenue Raleigh, NC 27612 - and – Kevin Scott Joyner, Esq. OGLETREE DEAKINS 8529 Six Forks Road Raleigh, NC 27615 Telephone: (919) 789-3175 LAGOS INC: Villaverde Sues Over Caller ID Rules Violations ---------------------------------------------------------- Amanda Villaverde, individually and on behalf of all others similarly situated v. LAGOS, INC., Case No. CACE-25-005729 (Fla. 17th Judicial Cir. Ct., Broward Cty., April 20, 2024), is brought for injunctive and declaratory relief, and damages for violations Of the Caller ID Rules Of the Florida Telephone Solicitation Act ("FTSA"). Whenever a person either makes any type of Telephonic Sales Call or causes one to be made, that person must ensure that a telephone number is transmitted with that Telephonic Sales Call to the consumer's Caller ID service that is capable of receiving telephone calls. Whenever Telephonic Sales Call are made without the transmission of a telephone number that is capable of receiving telephone calls, the Caller ID Rules have been violated and the aggrieved party may bring an action for liquidated damages, and injunctive and declaratory relief. In direct contravention of the Caller ID Rules, however, many callers, such as Defendant, make Telephonic Sales Calls a central part of their marketing strategy, and in doing so, intentionally transmit telephone numbers to recipient's Caller ID services that are not capable of receiving telephone calls. As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not capable of receiving phone calls when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). Specifically, the Defendant made Text Message Sales Calls that promoted Lagos ("Lagos Text Message Sales Calls") and violated the Caller ID Rules when it transmitted to the recipients' caller identification services a telephone number that was not capable of receiving telephone calls. The Plaintiff, individually and on behalf of a class of persons similarly situated, further seeks injunctive relief to ensure Defendant complies with the Caller ID Rules when it makes Lagos Text Message Sales Calls, says the complaint. The Plaintiff is the regular user of a cellular telephone number that receives Defendant's telephonic sales calls. The Defendant is Foreign Corporation, which sells various goods to persons throughout the country through its online store.[BN] The Plaintiff is represented by: Joshua A. Glickman, Esq. Shawn A. Heller, Esq. SOCIAL JUSTICE LAW COLLECTIVE, PL 974 Howard Ave. Dunedin, FL 34698 Phone: (202) 709-5744 Fax: (866) 893-0416 Email: josh@sjlawcollective.com shawn@sjlawcollective.com LAKEVIEW FARMS: Furman Suit Removed to E.D. California ------------------------------------------------------ The case captioned as Melissa Furman, individually, and on behalf of others similarly situated v. LAKEVIEW FARMS LLC, Case No. 25CI-000080 was removed from the Superior Court of California, County of Tehama, to the United States District Court for the Eastern District of California on April 25, 2025, and assigned Case No. 2:25-at-00534. The Plaintiff's Complaint asserts that Lakeview Farms violated the California False Advertising Law ("FAL") and the California Unfair Competition Law ("UCL") by allegedly advertising and labeling the Senior Rico caramel flan (the "Product") as "no artificial preservatives or flavors" when the products contain citric acid which were purchased by Plaintiff from Lakeview Farms.[BN] The Defendants are represented by: Daniel P. Schrader, Esq. John Rosenthal, Esq. MANNING GROSS + MASSENBURG LLP 100 Pringle Avenue, Suite 750 Walnut Creek, CA 94596 Phone: (925) 947-1300 Fax: (925) 947-1594 Email: dschrader@mgmlaw.com jrosenthal@mgmlaw.com LCS COMMUNITY: Wandrey Suit Removed to N.D. California ------------------------------------------------------ The case captioned as Sierra Wandrey, individually, and on behalf of all others similarly situated v. LCS COMMUNITY EMPLOYMENT, LLC, an Iowa limited liability company; and DOES 1 through 10, inclusive, Case No. 25CV01417 was removed from the Superior Court of California, County of Sonoma, to the United States District Court for the Northern District of California on April 17, 2025, and assigned Case No. 3:25-cv-03430. The Plaintiff's Complaint asserts the following eight causes of action: Failure to Pay Minimum and Straight Wages; Failure to Pay All Overtime Wages; Failure to Provide Meal Periods; Failure to Authorize and Permit Rest Periods; Waiting Time Penalties; Failure to Provide and Maintain Accurate and Compliant Wage Records; Failure to Reimburse Business Expenses; and, Unfair Competition Law.[BN] The Plaintiff is represented by: Thiago M. Coelho, Esq. Lauren Lendzion, Esq. Jesenia A. Martinez, Esq. Patrick O'Connor, Esq. Jesse S. Chen, Esq. N. Nima Shamtoub, Esq. WILSHIRE LAW FIRM, PLC 3055 Wilshire Blvd., 12th Floor Los Angeles, CA 90010 Email: thiago.coelho@wilshirelawfirm.com lauren.lendzion@wilshirelawfirm.com jesenia.martinez@wilshirelawfirm.com patrick.oconnor@wilshirelawfirm.com jesse.chen@wilshirelawfirm.com nima.shamtoub@wilshirelawfirm.com The Defendants are represented by: Diane Marie O'Malley, Esq. Samantha A. Botros, Esq. Katie Sharpless, Esq. HANSON BRIDGETT LLP 425 Market Street, 26th Floor San Francisco, CA 94105 Phone: (415) 777-3200 Facsimile: (415) 541-9366 Email: domalley@hansonbridgett.com sbotros@hansonbridgett.com ksharpless@hansonbridgett.com LEE ENTERPRISES: Class Settlement in Stoudemire Gets Initial Nod ---------------------------------------------------------------- In the class action lawsuit captioned as BRITTANY STOUDEMIRE, AMANDA VOSE, LUCINDA JACKSON, DANA FOLEY, DOUGLAS CASTLE, and BARBARA GRAZIOLI, individually and on behalf of all others similarly situated, v. LEE ENTERPRISES, INC., Case No. 3:22-cv-00086-SHL-WPK (S.D. Iowa), the Hon. Judge Stephen Locher entered an order: (1) preliminarily approving the parties' settlement agreement; (2) preliminarily certifying the class for settlement purposes only; (3) approving and authorizing the distribution of the proposed notice to class members; (4) naming RG/2 Claims Administration LLC as the Class Administrator; and (5) setting the Final Approval Hearing for Dec. 10, 2025, at 9:00 a.m. in Courtroom 242 of the United States District Courthouse in Davenport, Iowa. The Court concludes that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The Plaintiffs, individually and on behalf of a putative class, have sued Defendant for alleged violations of the Video Privacy Protection Act ("VPPA"). On July 20, 2023, the Court denied the Defendant's motion to dismiss. Lee Enterprises is a publicly traded American media company. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=vXhTxM at no extra charge.[CC] LENDVIA LLC: Bulloch Files Suit in M.D. Georgia ----------------------------------------------- A class action lawsuit has been filed against Lendvia, LLC. The case is styled as Robin Bulloch, individually and of behalf of all others similarly situated v. Lendvia, LLC., Case No. 4:25-cv-00135-CDL (D. Colo., April 25, 2025). The nature of suit is stated as Other P.I. Lendvia -- https://lendvia.com/ -- offers personalized personal loan solutions that cater to your specific needs.[BN] The Plaintiff is represented by: Marybeth V. Gibson, Esq. 4279 Roswell Rd., Ste. 208-108 Atlanta, GA 30342 Phone: (678) 642-2503 Email: marybeth@gibsonconsumerlawgroup.com LOCKTON COMPANIES: Large Suit Removed to S.D. California -------------------------------------------------------- The case captioned as Andrew Alexander De Large, individually, and on behalf of all others similarly situated v. LOCKTON COMPANIES, LLC, a Missouri limited liability company; LOCKTON INSURANCE BROKERS OF SAN DIEGO, INC., a California corporation; LOCKTON COMPANIES, LLC – PACIFIC SERIES, an unknown business entity; and DOES 1 through 10, inclusive, Case No. 25CU010975C was removed from the Superior Court of California for the County of San Diego, to the United States District Court for the Southern District of California on April 25, 2025, and assigned Case No. 3:25-cv-01056-WQH-MMP. The Complaint asserts the following causes of action: Failure to Pay Minimum Wages; Failure to Pay Overtime Compensation; Failure to Provide Meal Periods; Failure to Authorize and Permit Rest Breaks; Failure to Indemnify Necessary Business Expenses; Failure to Timely Pay Wages at Termination; Failure to Provide Accurate Itemized Wage Statements; and Unfair Business Practices.[BN] The Defendants are represented by: Ellen M. Bronchetti, Esq. Daniel S. Smith, Esq. GREENBERG TRAURIG, LLP 12830 El Camino Real, Suite 350 San Diego, CA 92130 Phone: (619) 848-2500 Facsimile: (619) 393-0877 Email: ellen.bronchetti@gtlaw.com daniel.smith@gtlaw.com LVNV FUNDING: Class Cert Bid Filing in Shaw Extended to June 18 --------------------------------------------------------------- In the class action lawsuit captioned as BETSY SHAW, individually and on behalf of all other similarly situated, v. LVNV FUNDING, LLC, and LLOYD & MCDANIEL, PLLC, Case No. 4:24-cv-00205-MW-MAF (N.D. Fla.), the Hon. Judge Mark E. Walker entered an order granting unopposed motion for extension of time to move for class certification. -- The Plaintiff's deadline to move for class certification is extended to on or before June 18, 2025. LVNV is a company that buys charged-off accounts from companies like credit card issuers and personal loan lenders. A copy of the Court's order dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=tyN3wI at no extra charge.[CC] LX HAUSYS AMERICA: Class Cert Bid Filing in Torres Due June 13 -------------------------------------------------------------- In the class action lawsuit captioned as SINUHE CABRERA TORRES; PEDRO DOMINGUEZ BALDERAS; and ANGEL MANUEL SANTILLAN SANCHEZ, individually and on behalf of others similarly situated, v. LX HAUSYS AMERICA, INC.; CL GLOBAL, LLC; and TOTAL EMPLOYEE SOLUTION SUPPORT, LLC, Case No. 1:24-cv-01283-MLB-RDC (N.D. Ga.), the Hon. Judge Regina Cannon entered a scheduling order as follows: Amendments to the pleadings submitted LATER THAN THIRTY (30) DAYS after the date of this Order will not be accepted without opposing party consent or good cause shown. See Fed. R. Civ. P. 16(b)(4). The discovery period shall begin immediately. The Plaintiffs' motion for class certification is due by June 13, 2025. The discovery deadline is Dec. 12, 2025. The parties have requested an extended eight-month discovery period given the complexity of the case. Any motions for summary judgment must be filed by Jan. 12, 2026, and if no motions for summary judgment are filed the proposed Consolidated Pretrial Order will be due on that date. The Clerk is directed to resubmit this action to the undersigned by Jan. 14, 2026, if the parties have neither moved for summary judgment nor filed a proposed Consolidated Pretrial Order. LX Hausys manufactures and markets building materials. A copy of the Court's order dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=bNpN7X at no extra charge.[CC] MACY'S INC: Forbes Suit Removed to D. Massachusetts --------------------------------------------------- The case captioned as Jeffrey Forbes, individually and on behalf of all others similarly situated v. Macy's, Inc., Case No. 2584CV00749-BLS1 was removed from the Suffolk County Superior Court of the Commonwealth of Massachusetts, to the United States District Court for the District of Massachusetts on April 17, 2025, and assigned Case No. 1:25-cv-11009-GAO. The Plaintiff alleges, inter alia, a claim for violation of Massachusetts General Laws for not including language related to the applicant's rights with respect to lie detectors on each application. For the violation of Massachusetts General Laws Plaintiff seeks not less than the minimum statutory damage award of $500 per violation plus attorneys' fees.[BN] The Plaintiff is represented by: David Godkin, Esq. James E. Kruzer, Esq. 1 Marina Park Drive, Suite 1410 Boston, MA 02210 Email: godkin@birnbaumgodkin.com kruzer@birnbaumgodkin.com - and - Joseph I. Marchese, Esq. Matthew A. Girardi, Esq. Julian C. Diamond, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas New York, NY 10019 Email: jmarchese@bursor.com mgirardi@bursor.com jdiamond@bursor.com The Defendants are represented by: Edward D. Shoulkin, Esq. Derek M. Gillis, Esq. BARTON GILMAN LLP 75 Federal Street, 9th Floor Boston, MA 02110 Phone: 617.654.8200 Fax: 617.482.5350 Email: eshoulkin@bglaw.com dgillis@bglaw.com MAGNITE INC: Lewis Suit Removed to C.D. California -------------------------------------------------- The case captioned as Edward Lewis, Gladys Solis, and Patricia Castillo, individually and on behalf of similarly situated individuals v. MAGNITE, INC., Case No. 25STCV06309 was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central of California on April 18, 2025, and assigned Case No. 2:25-cv-03448. The Complaint alleges that Magnite "is a registered data broker in California" that "developed a proprietary online tracker known as the Rubicon Project," which Magnite allegedly uses to "collect a wealth of information about consumers and their mobile devices" and help advertisers "target their ads to more likely customers." Magnite allegedly used the Rubicon Project to collect, record, and disseminate Plaintiffs' personal information, geolocation data, and communications without their knowledge or consent. The Complaint asserts claims for violations of the California Information Privacy Act ("CIPA"), California Penal Code, the California constitution's right to privacy, and common law unjust enrichment.[BN] The Defendants are represented by: Alisha C. Burgin, Esq. PERKINS COIE LLP 1888 Century Park East, Suite 1700 Los Angeles, CA 90067-1721 Phone: 310.788.9900 Facsimile: 310.788.3399 Email: ABurgin@perkinscoie.com - and - Nicola C. Menaldo, Esq. Anna Mouw Thomspon, Esq. Jordan C. Harris, Esq. 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Email: NMenaldo@perkinscoie.com AnnaThompson@perkinscoie.com JordanHarris@perkinscoie.com MANAGED CARE: Class Cert Bid Filing in Crowe Extended to June 2 --------------------------------------------------------------- In the class action lawsuit captioned as Crowe v. Managed Care of North America, Inc., Case No. 0:23-cv-61065 (S.D. Fla., Filed June 5, 2023), the Hon. Judge Raag Singhal entered an order granting joint motion for two-week extension of class certification deadline pending second mediation. The deadline for Plaintiffs to file their motion for class certification is now June 2, 2025. The nature of suit states Torts -- Personal Property -- Other Personal Property Damage. MCNA is a premier dental benefits administrator that provides service to state agencies and managed care organizations.[CC] MASS. ELECTRIC: Cortes Suit Removed to N.D. California ------------------------------------------------------ The case captioned as Craig Cortes, an individual on behalf of herself and all other similarly situated v. MASS. ELECTRIC CONSTRUCTON CO., a Delaware corporation; CODY LAVENDER, an individual; and DOES 1 through 50, inclusive, Case No. C25-00736 was removed from the Superior Court of the State of California for the County of Contra Costa, to the United States District Court for the Northern District of California on April 21, 2025, and assigned Case No. 3:25-cv-03498. The Plaintiff's Complaint sets forth the following causes of action: failure to pay minimum wages; failure to pay wages and overtime Under Labor Code; Meal period liability under Labor code; Rest-Break Liability Under Labor Code; Violation of Labor Code; Violation of Labor Code; Failure to keep required payroll records under labor Code; and Violation of Business & Professions Code ("UCL").[BN] The Defendants are represented by: Allison Scott, Esq. HUSCH BLACKWELL LLP 355 South Grand Avenue., Suite 2850 Los Angeles, CA 90071 Phone: 213.337.6550 Facsimile: 213.337.0651 Email: Allison.Scott@huschblackwell.com - and - Kathy Huynh, Esq. HUSCH BLACKWELL LLP 1999 Harrison Street, Suite 1300 Oakland, CA 94612 Phone: 510.768.0650 Facsimile: 510.768.0651 Email: Kathy.Huynh@huschblackwell.com MIT45 INC: Pre-Trial Schedule in B. D. Class Suit Modified ---------------------------------------------------------- In the class action lawsuit captioned as B. D., et al., v. MIT45 Inc., Case No. 3:24-cv-00499 (S.D. Cal., Filed March 14, 2024), the Hon. Judge M. James Lorenz entered an order granting the Parties' joint motion to modify pre-trial schedule to continue mandatory settlement conference (MSC). The Court vacates the MSC set for April 24, 2025. The Parties' Joint Discovery Plan, which must include a proposed date for the MSC, remains due within 30 days of the Court's ruling on Plaintiff's motion for class certification. The nature of suit states torts -- personal property -- other fraud.[CC] MOLINA HEALTHCARE: Almanza Suit Removed to C.D. California ---------------------------------------------------------- The case captioned as Carla Almanza, individually, and on behalf of all others similarly situated v. MOLINA HEALTHCARE OF CALIFORNIA, a California corporation; and DOES 1 through 10, inclusive, Case No. 25STCV06367 was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central of California on April 18, 2025, and assigned Case No. 2:25-cv-03466. On March 5, 2025, Almanza filed a Class Action Complaint which sets forth the following 8 causes of action: Failure to Pay Minimum Wages; Failure to Pay Overtime Compensation; Failure to Provide Meal Periods; Failure to Authorize and Permit Rest Breaks; Failure to Indemnify Necessary Business Expenses; Failure to Timely Pay Final Wages at Termination; Failure to Provide Accurate Itemized Wage Statements; and Unfair Business Practices.[BN] The Defendants are represented by: Erin N. Bass, Esq. Jemuel S. Gascon, Esq. DENTONS US LLP 601 South Figueroa Street, Suite 2500 Los Angeles, CA 90017 Phone: (213) 623-9300 Facsimile: (213) 623-9924 Email: erin.bass@dentons.com jemuel.gascon@dentons.com MORTON COUNTY, ND: Thunderhawk Seeks to Certify Class Action ------------------------------------------------------------ In the class action lawsuit captioned as CISSY THUNDERHAWK; WASTE WIN YOUNG; REVEREND JOHN FLOBERG, and JOSÉ ZHAGÑAY on behalf of themselves and all similarly-situated persons, v. COUNTY OF MORTON, NORTH DAKOTA; SHERIFF KYLE KIRCHMEIER; GOVERNOR DOUG BURGUM; FORMER GOVERNOR JACK DALRYMPLE; DIRECTOR GRANT LEVI; SUPERINTENDENT MICHAEL GERHART JR; TIGERSWAN LLC; and DOES 1 to 100, Case No. 1:18-cv-00212-DMT-ARS (D.N.D.), the Plaintiffs ask the Court to enter an order pursuant to Federal Rule of Civil Procedure 23, certifying class action. A copy of the Plaintiffs' motion dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=SbaXHa at no extra charge.[CC] The Plaintiffs are represented by: Noah Smith-Drelich, Esq. Amy Knight, Esq. Bernard E. Harcourt, Esq. COLUMBIA LAW SCHOOL 435 W. 116th St. New York, NY 10027 Telephone: (605) 863 0707 MVM INC: Plaintiffs Must File Class Cert Bid by Sept. 10 -------------------------------------------------------- In the class action lawsuit captioned as PADRE and JUNIOR, on behalf of themselves and all others similarly situated, v. MVM, INC., Case No. 3:24-cv-01265-DMS-AHG (S.D. Cal.), the Hon. Judge Allison Goddard entered a scheduling order setting discovery deadlines and class certification motion deadline: 1. Any motion to join other parties, amend the pleadings, or file additional pleadings shall be filed by July 9, 2025. 2. Fact and class discovery are not bifurcated, but class discovery must be completed by Aug. 6, 2025. 3. The Plaintiffs must file a motion for class certification by Sept. 10, 2025. MVM is a private security contractor that provides security contractors, staffing, training, translation and related services to United States Government clients. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ziIDjD at no extra charge.[CC] NATURE'S PATH FOODS: Weidkamp Suit Removed to W.D. Washington ------------------------------------------------------------- The case captioned as Rick Weidkamp, individually and on behalf of all others similarly situated v. NATURE'S PATH FOODS USA INC., a foreign PROFIT corporation; and DOES 1-20, as yet unknown Washington entities, Case No. 25-2-10112-6 SEA was removed from the Superior Court of the State of Washington for King County, to the United States District Court for the Western District of Washington on April 21, 2025, and assigned Case No. 2:25-cv-00715. The Plaintiff asserts claims against Nature's Path under the Washington Industrial Welfare Act ("IWA"), Washington Minimum Wage Act ("MWA"), and Washington Wage Rebate Act ("WRA"), for a purported violations of Wash. Rev. Code. Specifically, Plaintiff alleges that "Defendant knew or should have known that it failed to provide compliant meal and rest periods to Plaintiff and Class members and that it failed to compensate Plaintiff and Class members for the missed and noncompliant meal and rest periods and hours worked."[BN] The Plaintiff is represented by: Timothy W. Emery, Esq. Patrick B. Reddy, Esq. Paul Cipriani, Esq. EMERY | REDDY, PLLC 600 Stewart Street, Suite 1100 Seattle, WA 98101 Phone: 206.442.9106 Fax: 206.441.9711 Email: emeryt@emeryreddy.com reddyp@emeryreddy.com paul@emeryreddy.com The Defendants are represented by: Julie S. Lucht, Esq. Emily A. Bushaw, Esq. Kyle D. Nelson, Esq. PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Email: JLucht@perkinscoie.com EBushaw@perkinscoie.com KyleNelson@perkinscoie.com NBT BANCORP: Class Cert. Bid Filing in Richey Suit Due Dec. 1 ------------------------------------------------------------- In the class action lawsuit captioned as Richey, et al., v. NBT Bancorp Inc., Case No. 6:24-cv-00362 (N.D.N.Y., Filed March 15, 2024), the Hon. Judge Glenn T. Suddaby entered an order resetting schedules and deadlines as follows: (1) All Discovery, including merits, class, and all depositions, shall be completed by Jan. 5, 2026. (2) The Plaintiffs Expert Disclosure Deadline is Oct. 6, 2025. (3) The Defendant Expert Disclosure Deadline is Nov. 21, 2025. (4) Rebuttal Expert Disclosure Deadline is Dec. 5, 2025. (5) Dispositive Motions shall be filed by Feb. 9, 2026. (6) Class Certification Motion shall be filed by Dec 1, 2025. (7) Conditional Certification Motion shall be filed by July 31, 2025. The suit alleges violation of the Fair Labor Standards Act (FLSA). NBT is a financial holding company.[CC] NEVRO CORP: Fails to Secure Personal Info, Rieman Suit Says ----------------------------------------------------------- CONNIE RIEMAN, on behalf of herself and all others similarly situated, Plaintiff v. NEVRO CORP., Defendant, Case No. 3:25-cv-03379-AGT (N.D. Cal., April 16, 2025) is a class action against the Defendant for its failure to properly secure and safeguard sensitive information of its patients. The Plaintiff's and Class Members' sensitive personal information -- which they entrusted to the Defendant on the mutual understanding that Defendant would protect it against disclosure -- was targeted, compromised and unlawfully accessed due to the data breach. According to the complaint, the data breach was a direct result of Defendant's failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect its patients' private information from a foreseeable and preventable cyber-attack. The Plaintiff's and Class Members' identities are now at risk because of Defendant's negligent conduct because the Private Information that Defendant collected and maintained has been accessed and acquired by data thieves, says the suit. Through this complaint, the Plaintiff seeks to remedy these harms on behalf of herself and all similarly situated individuals whose Private Information was accessed during the data breach. Nevro Corp. is a medical devices company headquartered in California.[BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 402 W. Broadway, Suite 1760 San Diego, CA 92101 Telephone: (858) 209-6941 E-mail: jnelson@milberg.com NEW ENGLAND BIOLABS: Jackson Seeks to Certify Certain Claims ------------------------------------------------------------ In the class action lawsuit captioned as MELISSA JACKSON and MARTA MEDA, v. NEW ENGLAND BIOLABS, INC.; PERSONAL REPRESENTATIVE OF DONALD COMB; JAMES V. ELLARD; RICHARD IRELAND; COMMITTEE OF NEW ENGLAND BIOLABS, INC. EMPLOYEES' STOCK OWNERSHIP PLAN, and NEW ENGLAND BIOLABS, INC. NON-VOTING STOCK OWNERSHIP PLAN, Case No. 1:23-cv-12208-RGS (D. Mass.), the Plaintiffs ask the Court to enter an order certifying Counts I, II, III, VII and VIII in the amended complaint as a class action under Federal Rule of Civil Procedure 23. The Plaintiffs bring these Claims on behalf of the following Class: "All participants in the New England BioLabs Non-Voting Stock Ownership Plan whose NEB stock in their Plan account was liquidated (in whole or in part) between Sept. 29, 2017 and Dec. 31, 2021 – including all participants to whom NEB shares were distributed in kind (i.e. in the form of physical share certificates) between Sept. 29, 2017 and Sept. 30, 2019 and which were subsequently repurchased by NEB or the Plan before Dec. 31, 2020 – and the beneficiaries of such participants, except the Excluded Persons." "Excluded Persons" means the following persons who are excluded from the Class: (a) Defendants, (b) officers and directors of New England Biolabs, Inc., (c) any fiduciaries of the Plan at any time during September 2017 and Dec. 30, 2021, (d) the beneficiaries of such persons (e) the immediate family members of any of the foregoing, and (f) any participants who previously settled claims alleged in the Amended Complaint, and (g) the legal representatives, successors, and assigns of any such excluded persons. The Plaintiffs seek to certify the Class Claims in the Amended Complaint as a class action under Rule 23(b)(1) or 23(b)(2), or, alternatively, if the Court finds that the elements of both Rule 23(b)(1) and 23(b)(2) are not satisfied, under Rule 23(b)(3). This motion is based on the supporting memorandum and the declarations of R. Joseph Barton, Jonathan Feigenbaum, Melissa Jackson and Marta Meda. New England Biolabs is an American life sciences company which produces and supplies recombinant and native enzyme reagents for life science research. A copy of the Plaintiffs' motion dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ZoUroa at no extra charge.[CC] The Plaintiffs are represented by: R. Joseph Barton, Esq. THE BARTON FIRM LLP 1633 Connecticut Ave. NW, Suite 200 Washington, DC 20009 Telephone: (202) 734-7046 E-mail: jbarton@thebartonfirm.com - and - Jonathan M. Feigenbaum, Esq. 184 High Street, Suite 503 Boston, MA 02110 Telephone: (617) 357-9700 Facsimile: (617) 227-2843 E-mail: jonathan@erisaattorneys.com NEW YORK UNIV: Hall-Landers Appeals Class Cert. Bid Denial ---------------------------------------------------------- CASEY E. HALL-LANDERS is taking an appeal from a court order denying her motion to certify class in the lawsuit entitled Casey E. Hall-Landers, individually and on behalf of and all others similarly situated, Plaintiff, v. New York University, Defendant, Case No. 1:20-cv-3250, in the U.S. District Court for the Southern District of New York. The Plaintiff brings this class action against the Defendant for breach of implied contract, unjust enrichment, and money had and received. On June 21, 2024, the Plaintiff filed a motion to certify class, which Judge George B. Daniels denied on Mar. 26, 2025. The Court held that Hall-Landers has not met the requirements for class certification under Rule 23 (b)(3), and thus the motion for class certification is denied for all claims. The appellate case is entitled Hall-Landers v. New York University, Case No. 25-815, in the United States Court of Appeals for the Second Circuit, filed on April 8, 2025. [BN] Plaintiff-Petitioner CASEY E. HALL-LANDERS, individually and on behalf of all others similarly situated, is represented by: Andrew Obergfell, Esq. BURSOR & FISHER, PA 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Defendant-Respondent NEW YORK UNIVERSITY is represented by: Colleen Carey Gulliver, Esq. DLA PIPER LLP (US) 1251 Avenue of the Americas, 24th Floor New York, NY 10020 NEWREZ LLC: Linderman Suit Removed to N.D. Illinois --------------------------------------------------- The case captioned as Roberta Linderman, on behalf of Plaintiff and the class members v. NEWREZ LLC, doing business as SHELLPOINT, and THE BANK OF NEW YORK MELLON, formerly known as The Bank of New York, Case No. 2025CH03006 was removed from the Circuit Court of Cook County, Illinois, County Department, Chancery Division, to the United States District Court for the Northern District of Illinois on April 18, 2025, and assigned Case No. 1:25-cv-04271. The Complaint is based on a mortgage loan related to a residential property located in Illinois. The Plaintiff's Complaint alleges six causes of action against Defendants: Counts I & II – Fair Debt Collection Practices Act (against Shellpoint); Counts III & IV – Illinois Consumer Fraud Act (against Shellpoint and BNYM); and Counts V & VI – Declaratory and Injunctive Relief.[BN] The Defendants are represented by: Tammy L. Adkins, Esq. MCGUIREWOODS LLP 77 West Wacker Drive, Suite 4100 Chicago, IL 60601 Phone: (312) 750-5727 Fax: (312) 849-3690 Email: tadkins@mcguirewoods.com NOURES FOOD: Civil Case Management Plan Entered in Sanchez Suit --------------------------------------------------------------- In the class action lawsuit captioned as WILDER LENIN SANCHEZ MATUTE, individually and on behalf of all others similarly situated, v. NOURES FOOD CORP. d/b/a C-TOWN SUPERMARKETS, et al., Case No. 1:25-cv-01178-HG (E.D.N.Y.), the Hon. Judge Hector Gonzalez entered a civil case management plan. The parties are to conduct discovery in accordance with the Federal Rules of Civil Procedure and the Local Rules of the Eastern District of New York. All fact discovery is to be completed by July 10, 2025. Any motion to amend pleadings or to join additional parties not allowed as of right pursuant to the Federal Rules of Civil Procedure must be raised through a pre-motion letter that complies with Section IV.A of the Court's Individual Practices by May 12, 2025. The parties agree that there is not a need for expert discovery. CTown is a chain of independently owned and operated supermarkets operating in the northeastern United States. A copy of the Court's order dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=IqWwKo at no extra charge.[CC] NOW OPTICS: Bids for Class Certification Continued to August 11 --------------------------------------------------------------- In the class action lawsuit captioned as RICHARD MAROUS, individually and on behalf of all others similarly situated, v. NOW OPTICS HOLDINGS, LLC, Case No. 9:24-cv-80702-RLR (S.D. Fla.), the Hon. Judge Robin Rosenberg entered an order denying all pending motions without prejudice and order continuing trial: -- Rule 26(a)(1)(A) Initial Disclosures: May 12, 2025 -- Joinder of Additional Parties and June 11, 2025: Amended Pleadings: -- Motions for class certification: Aug. 11, 2025 -- All fact discovery shall be Nov. 11, 2025 completed: -- All expert discovery shall be Nov. 11, 2025 completed: -- All Pretrial Motions, including Dec. 11, 2025: summary judgment motions, Daubert motions, and motions in limine shall be filed: . -- The Pretrial Stipulation shall Feb. 11, 2026 be filed: -- Objections to counter-designations Feb. 19, 2026 of deposition testimony and responses to objections to designations of deposition testimony shall be filed: . -- Responses to objections to Feb. 23, 2026 counter-designations of deposition testimony shall be filed: Now Optics is in the eye care industry. A copy of the Court's order dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=lGOWK1 at no extra charge.[CC] NVR INC: Settlement Deal in Butakis Suit Gets Final Nod ------------------------------------------------------- In the class action lawsuit captioned as BRYAN BUTAKIS, on behalf of himself and all others similarly situated, et al., v. NVR, INC., doing business as NVHOMES, Case No. 2:22-cv-02971-KSM (E.D. Pa.), the Hon. Judge Marston granting the Plaintiffs' motion for: -- final approval of the class settlement agreement, and -- approval of Plaintiffs' request for an award of attorneys' fees, reimbursement of expenses to class counsel, and a service award in the amount of $2,000 to each class representative. The Court find that the requirements of Rules 23(a) and 23(b)(3) are satisfied, and the Court certifies the class. The Plaintiffs Bryan Butakis and Joseph Hillen bring this putative class action on behalf of themselves and 75 other individuals who purchased homes at the Greystone subdivision in West Chester, Pennsylvania from Defendant, NVR, Inc. They claim that NVR failed to disclose that the Greystone properties were subject to a special assessment, which would incur interest and other fees unless paid in full at the time of closing. The Settlement Agreement identifies the following settlement class: "All persons who, in purchasing a home at the Greystone, received the NID Disclosure and settled on the home during the period beginning Jan. 28, 2021, and ending on July 28, 2022." NVR is a company engaged in home construction. A copy of the Court's memorandum dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=EYXK7O at no extra charge.[CC] OMNI HEALTHCARE: Hairston Files Suit in W.D. North Carolina ----------------------------------------------------------- A class action lawsuit has been filed against Omni Healthcare Financial Holdings, et al. The case is styled as Dawn Hairston, individually and on behalf of all others similarly situated v. Omni Healthcare Financial Holdings, Omni Healthcare Financial LLC, Injury Finance, LLC, Case No. 3:25-cv-00266-KDB-SCR (W.D.N.C., April 17, 2025). The nature of suit is stated as Other P.I. for Tort/Non-Motor Vehicle. Omni Family Health -- https://omnifamilyhealth.org/ -- is a growing network providing primary and preventative healthcare located throughout Kern, Kings, Tulare, and Fresno counties.[BN] The Plaintiff is represented by: Scott C. Harris, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 West Morgan Street Raleigh, NC 27603 Phone: (919) 600-5000 Fax: (919) 600-5035 Email: sharris@milberg.com OPENAI INC: Millette Suit Transferred to S.D. New York ------------------------------------------------------ The case captioned as David Millette, Ruslana Petryazhna, individually and on behalf of all others similarly situated v. OpenAI Inc., OpenAI OpCo LLC, Case No. 5:24-cv-04710 was transferred from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Southern District of New York on April 21, 2025. The District Court Clerk assigned Case No. 1:25-cv-03297-SHS to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. OpenAI, Inc. -- https://openai.com/ -- is an American artificial intelligence research organization founded in December 2015 and headquartered in San Francisco, California.[BN] The Plaintiffs are represented by: L. Timothy Fisher, Esq. Joshua B. Glatt, Esq. BURSOR & FISHER P.A. 1990 N. California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Email: ltfisher@bursor.com - and - Joseph I. Marchese, Esq. Julian Cole Diamond, Esq. BURSOR & FISHER P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Phone: (646) 837-7150 Fax: (212) 989-9163 Email: jmarchese@bursor.com jdiamond@bursor.com The Defendants are represented by: Andrew Michael Gass, Esq. Joseph Richard Wetzel, Esq. LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 Phone: (415) 391-0600 Fax: (415) 395-8095 - and - Joseph Charles Gratz, Esq. Melody Ellen Wong, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Phone: (415) 268-7000 Fax: (415) 268-7522 - and - Allison Schall Blanco, Esq. LATHAM WATKINS LLP 650 Town Center Drive, 20th Floor Costa Mesa, CA 92626 Phone: (714) 540-1235 Fax: (714) 755-8290 - and - Allison L Stillman, Esq. Herman Heng Yue, Esq. Michael A David, Esq. Rachel R. Blitzer, Esq. LATHAM & WATKINS 1271 Avenue of the Americas New York, NY 10020 Phone: (212) 906-1200 Fax: (212) 751-4864 Email: herman.yue@lw.com michael.david@lw.com - and - Carolyn Myrle Homer, Esq. MORRISON FOERSTER 2100 L Street, NW, Suite 900 Washington, DC 20037 Phone: (202) 650-4597 - and - Elana Nightingale Dawson, Esq. Sarang Damle, Esq. LATHAM & WATKINS 555 Eleventh Street NW, Suite 1000 Washington, DC 20004 Phone: (202) 637-2200 Fax: (202) 637-2201 Email: sy.damle@lw.com - and - Max I. Levy, Esq. MORRISON FOERSTER 755 Page Mill Road Palo Alto, CA 94304-1018 Phone: (650) 813-5600 Fax: (650) 494-0792 - and - Rose S. Lee, Esq. MORRISON AND FOERSTER LLP 707 Wilshire Boulevard, Ste. 6000 Los Angeles, CA 90017-3543 Phone: (213) 892-5355 OPENAI INC: Silverman Suit Transferred to S.D. New York ------------------------------------------------------- The case captioned as Sarah Silverman, individually and on behalf of all others similarly situated v. OpenAI Inc., OpenAI LP, OpenAI OpCo LLC, OpenAI GP LLC, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Management LLC, Case No. 3:23-cv-03416 was transferred from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Southern District of New York on April 27, 2025. The District Court Clerk assigned Case No. 1:25-cv-03483-SHS to the proceeding. The nature of suit is stated as Copyright for Remedies for Copyright Infringement. OpenAI, Inc. -- https://openai.com/ -- is an American artificial intelligence research organization founded in December 2015 and headquartered in San Francisco, California.[BN] The Plaintiffs are represented by: L. Timothy Fisher, Esq. Joshua B. Glatt, Esq. BURSOR & FISHER P.A. 1990 N. California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Email: ltfisher@bursor.com - and - Joseph I. Marchese, Esq. Julian Cole Diamond, Esq. BURSOR & FISHER P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Phone: (646) 837-7150 Fax: (212) 989-9163 Email: jmarchese@bursor.com jdiamond@bursor.com The Defendants are represented by: Andrew Michael Gass, Esq. Joseph Richard Wetzel, Esq. LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 Phone: (415) 391-0600 Fax: (415) 395-8095 - and - Joseph Charles Gratz, Esq. Melody Ellen Wong, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Phone: (415) 268-7000 Fax: (415) 268-7522 - and - Allison Schall Blanco, Esq. LATHAM WATKINS LLP 650 Town Center Drive, 20th Floor Costa Mesa, CA 92626 Phone: (714) 540-1235 Fax: (714) 755-8290 - and - Allison L Stillman, Esq. Herman Heng Yue, Esq. Michael A David, Esq. Rachel R. Blitzer, Esq. LATHAM & WATKINS 1271 Avenue of the Americas New York, NY 10020 Phone: (212) 906-1200 Fax: (212) 751-4864 Email: herman.yue@lw.com michael.david@lw.com - and - Carolyn Myrle Homer, Esq. MORRISON FOERSTER 2100 L Street, NW, Suite 900 Washington, DC 20037 Phone: (202) 650-4597 - and - Elana Nightingale Dawson, Esq. Sarang Damle, Esq. LATHAM & WATKINS 555 Eleventh Street NW, Suite 1000 Washington, DC 20004 Phone: (202) 637-2200 Fax: (202) 637-2201 Email: sy.damle@lw.com - and - Max I. Levy, Esq. MORRISON FOERSTER 755 Page Mill Road Palo Alto, CA 94304-1018 Phone: (650) 813-5600 Fax: (650) 494-0792 - and - Rose S. Lee, Esq. MORRISON AND FOERSTER LLP 707 Wilshire Boulevard, Ste. 6000 Los Angeles, CA 90017-3543 Phone: (213) 892-5355 OPENAI INC: Tremblay Suit Transferred to S.D. New York ------------------------------------------------------ The case captioned as Paul Tremblay, et al., individually and on behalf of all others similarly situated v. OpenAI Inc., OpenAI LP, OpenAI OpCo LLC, OpenAI GP LLC, OpenAI Startup Fund GP I LLC, OpenAI Startup Fund I LP, OpenAI Startup Fund Management LLC, Case No. 3:23-cv-03223 was transferred from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Southern District of New York on April 27, 2025. The District Court Clerk assigned Case No. 1:25-cv-03482-SHS to the proceeding. The nature of suit is stated as Copyright for Remedies for Copyright Infringement. OpenAI, Inc. -- https://openai.com/ -- is an American artificial intelligence research organization founded in December 2015 and headquartered in San Francisco, California.[BN] The Plaintiffs are represented by: Cadio R. Zirpoli, Esq. Joshua B. Glatt, Esq. SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, CA 94111 Phone: (415) 217-6810 Fax: (415) 217-6813 Email: zirpoli@saveri.com The Defendants are represented by: Andrew Michael Gass, Esq. Joseph Richard Wetzel, Esq. LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 Phone: (415) 391-0600 Fax: (415) 395-8095 - and - Joseph Charles Gratz, Esq. Melody Ellen Wong, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Phone: (415) 268-7000 Fax: (415) 268-7522 - and - Allison Schall Blanco, Esq. LATHAM WATKINS LLP 650 Town Center Drive, 20th Floor Costa Mesa, CA 92626 Phone: (714) 540-1235 Fax: (714) 755-8290 - and - Allison L Stillman, Esq. Herman Heng Yue, Esq. Michael A David, Esq. Rachel R. Blitzer, Esq. LATHAM & WATKINS 1271 Avenue of the Americas New York, NY 10020 Phone: (212) 906-1200 Fax: (212) 751-4864 Email: herman.yue@lw.com michael.david@lw.com - and - Carolyn Myrle Homer, Esq. MORRISON FOERSTER 2100 L Street, NW, Suite 900 Washington, DC 20037 Phone: (202) 650-4597 - and - Elana Nightingale Dawson, Esq. Sarang Damle, Esq. LATHAM & WATKINS 555 Eleventh Street NW, Suite 1000 Washington, DC 20004 Phone: (202) 637-2200 Fax: (202) 637-2201 Email: sy.damle@lw.com - and - Max I. Levy, Esq. MORRISON FOERSTER 755 Page Mill Road Palo Alto, CA 94304-1018 Phone: (650) 813-5600 Fax: (650) 494-0792 - and - Rose S. Lee, Esq. MORRISON AND FOERSTER LLP 707 Wilshire Boulevard, Ste. 6000 Los Angeles, CA 90017-3543 Phone: (213) 892-5355 OPIA: Douglass-Usov Files Suit in E.D. Virginia ----------------------------------------------- A class action lawsuit has been filed against Unknown Business Entity, et al. The case is styled as Michaela Douglass-Usov, individually and on behalf of all others similarly situated v. Unknown Business Entity doing business as: OpiA, Nectris, LLC, Outpost Brands, LLC, DRM Production, LLC, Case No. 3:25-cv-00307-DJN (E.D. Va., April 21, 2025). The nature of suit is stated as Other Fraud.[BN] The Plaintiff is represented by: Pierce Christopher Murphy, Esq. SILVERMAN THOMPSON SLUTKIN & WHITE, LLC 400 E Pratt Street, Suite 900 Baltimore, MD 21202 Phone: (410) 385-2225 Email: pmurphy@silvermanthompson.com ORACLE CORPORATION: Baxter Sues Over Data Breach ------------------------------------------------ Matthew Baxter, Mark Driscoll, and Randi Torres Irizarry, on behalf of themselves and a class of similarly situated persons v. ORACLE CORPORATION, Case No. 1:25-cv-00601 (W.D. Tex., April 21, 2025), is brought seeking to remedy these harms on behalf of themselves and all similarly situated individuals whose private information was accessed during the Data Breach. Oracle has admitted through notice to some impacted customers that "on 20 February 2025, we became aware of a cybersecurity event involving unauthorized access to some amount of your Cerner data that was on an old legacy server not yet migrated to the Oracle Cloud." Oracle's notice further admitted that the threat actor breached Defendant's servers sometime after January 22, 2025, accessed data that may include Electronic Health Records, and "copied data to a remote server Others have confirmed that "patient data was stolen in the attack." This Data Breach (the "Data Breach") thus constitutes confidential and highly sensitive Personally Identifiable Information (PII) and Protected Health Information (PHI). Even though Oracle became aware of the Data Breach as early as February 20, 2025, it has not publicly disclosed the incident and has informed hospitals that Oracle will not notify patients directly. Oracle has made exceptionally limited efforts to alert the potentially millions of consumers and patients whose private information was exfiltrated. Instead, Oracle maintains that it is the responsibility of its many customer healthcare providers to send notice to victims of the Breach, says the complaint. The Plaintiff is a consumer and patient who has obtained products or services from one or more of the healthcare providers to whom Defendant provides products and services. Oracle is the second largest Electronic Health Records ("EHR") vendor in the United States, providing EHR services to over 20% of U.S. hospitals.[BN] The Plaintiff is represented by: W. Mark Lanier, Esq. THE LANIER LAW FIRM, P.C. 10940 W. Sam Houston Pkwy N., Suite 100 Houston, Texas 77064 Phone: (713) 659-5200 Fax: (713) 659-2204 Email: mark.lanier@lanierlawfirm.com - and - Thomas E. Loeser, Esq. Karin B. Swope, Esq. Jacob M. Alhadeff, Esq. COTCHETT, PITRE & MCCARTHY LLP 1809 7th Avenue, Suite 1610 Seattle, WA 98101 Phone: (206) 970-8181 Fax: (650) 697-0577 Email: tloeser@cpmlegal.com kswope@cpmlegal.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com ORAL ROBERTS UNIVERSITY: Johnson Suit Removed to N.D. Oklahoma -------------------------------------------------------------- The case captioned as Jayla Johnson, on behalf of herself and all others similarly situated v. Oral Roberts University, Case No. CJ-25-01369 was removed from the Tulsa County District Court, to the U.S. District Court for the Northern District of Oklahoma on April 21, 2025. The District Court Clerk assigned Case No. 4:25-cv-00199-JFJ to the proceeding. The nature of suit is stated as Other P.I. for Other Civil Rights. Oral Roberts University -- https://oru.edu/ -- is a Christian university located in Tulsa, Oklahoma.[BN] The Plaintiffs are represented by: Scott J. Ferrell, Esq. Victoria C. Knowles, Esq. PACIFIC TRIAL ATTORNEYS APC 4100 Newport Place Drive Suite 800 Newport Beach, CA 92660 Phone: (949) 706-6464 Fax: (949) 706-6469 Email: sferrell@pacifictrialattorneys.com vknowles@pacifictrialattorneys.com The Defendants are represented by: Alyssa Sones, Esq. Phillip Craig Cardon, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 Avenue of the Stars, Ste. 1600 Los Angeles, CA 90067 Phone: (424) 288-5305 Fax: (310) 228-3701 Email: ASones@sheppardmullin.com ccardon@sheppardmullin.com PATSY'S ITALIAN: Hoti Suit Seeks to Certify FLSA Collective ----------------------------------------------------------- In the class action lawsuit captioned as KRESHNIK HOTI and DESIART YMERAGA, on behalf of themselves and others similarly situated, v. PATSY'S ITALIAN RESTAURANT INC., d/b/a PATSY'S ITALIAN RESTAURANT, SAL SCOGNAMILLO, JOSEPH SCOGNAMILLO, LISA SCOGNAMILLO; Case No. 1:24-cv-06991-JGLC-HJR (S.D.N.Y.), the Plaintiffs shall move the Court to enter an order granting motion for conditional certification of a Fair labor Standards Act (FLSA) collective. Patsy's has been a traditional, family-owned and operated Italian restaurant. A copy of the Plaintiffs' motion dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=42FVhR at no extra charge.[CC] The Plaintiffs are represented by: Michael DiGiulio, Esq. JOSEPH & KIRSCHENBAUM LLP 32 Broadway, Suite 601 New York, NY 10004 Telephone: (212) 688-5640 Facsimile: (212) 688-2548 PEPSICO INC: Class Cert. Bid Filing in McCausland Due Jan. 15, 2026 ------------------------------------------------------------------- In the class action lawsuit captioned as IAN MCCAUSLAND, et al., v. PEPSICO, INC., Case No. 5:23-cv-04526-PCP (N.D. Cal.), the Hon. Judge P. Casey Pitts entered a case management order as follows: -- Fed. R. Civ. P. 26(a) Disclosures: April 18, 2025 -- Joinder and Other Amendments: July 10, 2025 -- Motion for Class Certification: Jan. 15, 2026 -- Opposition to Motion for Class Feb. 17, 2026 Certification: -- Reply in Support of Class Certification Mar. 17, 2026 Motion: -- Close of Fact Discovery: Jan. 30, 2026 -- Initial Additional Expert Disclosures: Oct. 15, 2026 -- Responsive Expert Disclosures: Nov. 15, 2026 -- Close of Expert Discovery: Dec. 15, 2026 -- Filing of Dispositive/Daubert Motion(s): Jan. 15, 2027 -- Trial Setting Conference: May 4, 2027 PepsiCo is a multinational food and beverage corporation . A copy of the Court's order dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=J73eys at no extra charge.[CC] PFIZER INC: MSP Appeals Case Dismissal to D.C. Circuit ------------------------------------------------------ MSP RECOVERY CLAIMS, SERIES LLC, et al. are taking an appeal from a court order dismissing their lawsuit entitled MSP Recovery Claims, Series LLC, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. Pfizer Inc., et al., Defendants, Case No. 1:22-cv-01419-DLF, in the U.S. District Court for the District of Columbia. As previously reported in the Class Action Reporter, the case arises from Pfizer's conspiratorial scheme to increase the unit price and quantity dispensed of three Pfizer drugs, Sutent, and Inlyta, which both treat renal cell carcinoma, and Tikosyn, which treats arrhythmia in patients with atrial fibrillation or atrial flutter ("Pfizer Drugs"). On July 12, 2024, the Plaintiffs filed a second amended complaint, which the Defendants moved to dismiss on Aug. 16, 2024. On Mar. 4, 2025, Judge Dabney L. Friedrich entered an Order granting the Defendants' motions to dismiss the Plaintiffs' second amended complaint. The Plaintiffs were on notice that their previous complaints did not satisfy Rule 9(b)'s particularity standards. Despite this, the Plaintiffs fail to point to any amendments in their operative complaint that rectify this deficiency. Thus, the Court dismissed the Plaintiffs' remaining claims under Rule 12(b)(6) for failing to state fraud with particularity. The appellate case is entitled MSP Recovery Claims, Series LLC, et al. v. Pfizer Inc., et al., Case No. 25-7045, in the United States Court of Appeals for the District of Columbia Circuit, filed on April 8, 2025. [BN] Plaintiffs-Appellants MSP RECOVERY CLAIMS, SERIES LLC, et al., individually and on behalf of all others similarly situated, are represented by: Shereef Hadi Akeel, Esq. AKEEL & VALENTINE, PLC 888 W. Big Beaver Road, Suite 350 Troy, MI 48084 Telephone: (248) 269-9595 Defendants-Appellees PFIZER INC., et al. are represented by: James Paul Rouhandeh, Esq. DAVIS POLK & WARDWELL LLP 450 Lexington Avenue New York, NY 10017 Telephone: (212) 450-4000 - and – Danny Christopher Onorato, Esq. SCHERTLER ONORATO MEAD & SEARS LLP 555 13th Street, NW, Suite 500 West Washington, DC 20004 Telephone: (202) 628-4199 PIZZA AL FRESCO: Marin Files FLSA Suit in S.D. Florida ------------------------------------------------------ A class action lawsuit has been filed against Pizza Al Fresco, LLC, et al. The case is styled as Luis Castaneda Marin, and others similarly situated v. Pizza Al Fresco, LLC, Jose Luis Duran, Javier Gonzalez, Pedro Marquez, Case No. 9:25-cv-80481-XXXX (S.D. Fla., April 21, 2025). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Pizza Al Fresco -- https://www.pizzaalfresco.com/ -- offers delicious pizza, pastas, salad and more..[BN] The Plaintiff is represented by: Angeli Murthy, Esq. MORGAN & MORGAN, P.A. 8151 Peters Road, Suite 4000 Plantation, FL 33324 Phone: (954) 318-0268 Fax: (954) 333-3515 Email: amurthy@forthepeople.com PLANT PEOPLE INC: Dallmann Files TCPA Suit in S.D. California ------------------------------------------------------------- A class action lawsuit has been filed against Plant People, Inc. The case is styled as Jeannine Dallmann, individually and on behalf of all those similarly situated v. Plant People, Inc., Case No. 3:25-cv-01033-JLS-DDL (S.D. Cal., April 24, 2025). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Plant People Inc. -- https://www.theplantpeopleinc.com/ -- was founded in 1998. The company's line of business includes providing landscaping and garden services.[BN] The Plaintiff is represented by: Gerald D. Lane, Jr., Esq. LAW OFFICES OF JIBRAEL S. HINDI, PLLC 1515 NE 26th Street Wilton Manors, FL 33305 Phone: (754) 444-7539 Email: gerald@jibraellaw.com PORTFOLIO RECOVERY: Tyson Files Suit in S.D. Georgia ---------------------------------------------------- A class action lawsuit has been filed against Portfolio Recovery Associates, LLC. The case is styled as Cicely Tyson, Individually and on behalf of all others similarly situated v. Portfolio Recovery Associates, LLC, Case No. 3:25-cv-00047-DHB-BKE (S.D. Ga., April 25, 2025). The nature of suit is stated as Other P.I. Portfolio Recovery Associates, LLC (PRA Group, Inc.) -- https://www.portfoliorecovery.com/ -- is a publicly traded global debt buyer based in Norfolk, Virginia.[BN] The Plaintiff is represented by: MaryBeth V. Gibson, Esq. GIBSON CONSUMER LAW GROUP, LLC 4279 Roswell Road, Suite 208-108 Atlanta, GA 30342 Phone: (678) 642-2503 Email: marybeth@gibsonconsumerlawgroup.com POWERSCHOOL GROUP: Calzado Suit Transferred to S.D. California -------------------------------------------------------------- The case captioned as Daniel Behar Calzado, on behalf of himself, Kimberly Wirtes, on behalf of herself and A.W. and T.W., her minor children, and all others similarly situated v. PowerSchool Group LLC, PowerSchool Holdings, Inc., Case No. 2:25-cv-00498 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of California on April 24, 2025. The District Court Clerk assigned Case No. 3:25-cv-01024-BEN-MSB to the proceeding. The nature of suit is stated as Other Personal Property. PowerSchool -- https://www.powerschool.com/ -- provides innovative K-12 software and cloud-based solutions to improve educational outcomes and simplify school operations.[BN] The Plaintiffs are represented by: Wyatt A. Lison, Esq. FEINSTEIN DOYLE PAYNE & KRAVEC, LLC 429 Fourth Avenue Law & Finance Building, Suite 1300 Pittsburgh, PA 15219 Phone: (412) 281-8400 Fax: (412) 281-1007 Email: wlison@fdpklaw.com The Defendants are represented by: Anne Johnson Palmer, Esq. ROPES & GRAY LLP 3 Embarcadero Center, Suite 300 San Francisco, CA 94111-4006 Phone: (415) 315-6337 Fax: (415) 315-4813 Email: anne.johnsonpalmer@ropesgray.com POWERSCHOOL GROUP: Pettinger Suit Transferred to S.D. California ---------------------------------------------------------------- The case captioned as Robert Pettinger, on behalf of his minor child, B.P.; Kylie Stowe, on behalf of her minor child, Z.S., and all others similarly situated v. PowerSchool Group LLC, PowerSchool Holdings, Inc., Case No. 2:25-cv-00159 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of California on April 21, 2025. The District Court Clerk assigned Case No. 3:25-cv-00955-BEN-MSB to the proceeding. The nature of suit is stated as Other Personal Property. PowerSchool -- https://www.powerschool.com/ -- provides innovative K-12 software and cloud-based solutions to improve educational outcomes and simplify school operations.[BN] The Plaintiffs are represented by: Andrew Gerald Gunem, Esq. STRAUSS BORRELLI PLLC 980 North Michigan Avenue, Suite 1610 Chicago, IL 60611 Phone: (872) 263-1100 Fax: (872) 263-1109 Email: agunem@straussborrelli.com The Defendants are represented by: Anne Johnson Palmer, Esq. ROPES & GRAY LLP Three Embarcadero Center San Francisco, CA 9411 Phone: (415) 315-6300 Email: Anne.JohnsonPalmer@ropesgray.com POWERSCHOOL GROUP: Tillman Suit Transferred to S.D. California -------------------------------------------------------------- The case captioned as Jerathen Tillman, individually and on behalf of C.T., a minor, and on behalf of all others similarly situated v. PowerSchool Group LLC, PowerSchool Holdings, Inc., Case No. 2:25-cv-00514 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of California on April 24, 2025. The District Court Clerk assigned Case No. 3:25-cv-01026-BEN-MSB to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. PowerSchool -- https://www.powerschool.com/ -- provides innovative K-12 software and cloud-based solutions to improve educational outcomes and simplify school operations.[BN] The Plaintiffs are represented by: Jon Anders Tostrud, Esq. TOSTRUD LAW GROUP PC 1925 Century Park East, Suite 2125 Los Angeles, CA 90067 Phone: (310) 278-2600 Fax: (310) 278-2640 Email: jtostrud@tostrudlaw.com POWERSCHOOL HOLDINGS: A. A. Suit Transferred to S.D. California --------------------------------------------------------------- The case captioned as A. A., a minor by and through her guardian ad litem, Samuel Adkins, individually and on behalf all others similarly situated v. PowerSchool Holdings, Inc., PowerSchool Group LLC, Case No. 2:25-cv-00141 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of California on April 21, 2025. The District Court Clerk assigned Case No. 3:25-cv-00953-BEN-MSB to the proceeding. The nature of suit is stated as Other P.I. for Tort/Non-Motor Vehicle. PowerSchool -- https://www.powerschool.com/ -- provides innovative K-12 software and cloud-based solutions to improve educational outcomes and simplify school operations.[BN] The Plaintiffs are represented by: Michael Anderson Berry, Esq. ARNOLD LAW FIRM 865 Howe Avenue Sacramento, CA 95825 Phone: (916) 777-7777 Email: aberry@justice4you.com The Defendants are represented by: Anne Johnson Palmer, Esq. ROPES & GRAY LLP Three Embarcadero Center San Francisco, CA 9411 Phone: (415) 315-6300 Email: Anne.JohnsonPalmer@ropesgray.com POWERSCHOOL HOLDINGS: Baker Suit Transferred to S.D. California --------------------------------------------------------------- The case captioned as Tyler Baker, individually and on behalf all others similarly situated v. PowerSchool Holdings, Inc., PowerSchool Group LLC, Case No. 2:25-cv-00096 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of California on April 21, 2025. The District Court Clerk assigned Case No. 3:25-cv-00941 to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. PowerSchool -- https://www.powerschool.com/ -- provides innovative K-12 software and cloud-based solutions to improve educational outcomes and simplify school operations.[BN] The Plaintiff is represented by: Eric Lechtzin, Esq. SCHIFFRIN BARROWAY TOPAZ & KESSLER 280 King of Prussia Road Radnor, PA 19087-3481 Phone: (484) 270-1408 Fax: (610) 667-7056 The Defendants are represented by: Anne Johnson Palmer, Esq. ROPES & GRAY LLP Three Embarcadero Center San Francisco, CA 9411 Phone: (415) 315-6300 Email: Anne.JohnsonPalmer@ropesgray.com POWERSCHOOL HOLDINGS: Crockran Suit Transferred to S.D. California ------------------------------------------------------------------ The case captioned as Gwendolyn Crockran, on behalf of herself and as parent and guardian of her minor child, John Doe, and on behalf of all others similarly situated v. PowerSchool Holdings, Inc., PowerSchool Group LLC, Case No. 2:25-cv-00171 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of California on April 21, 2025. The District Court Clerk assigned Case No. 3:25-cv-00961-BEN-MSB to the proceeding. The nature of suit is stated as Other Fraud. PowerSchool -- https://www.powerschool.com/ -- provides innovative K-12 software and cloud-based solutions to improve educational outcomes and simplify school operations.[BN] The Plaintiffs are represented by: Rebecca A. Peterson, Esq. GEORGE FELDMAN MCDONALD, PLLC 1650 West 82nd Street, Suite 880 Bloomington, MN 55401 Phone: (612) 778-9595 Fax: (888) 421-4173 Email: rpeterson@4-justice.com The Defendants are represented by: Anne Johnson Palmer, Esq. ROPES & GRAY LLP Three Embarcadero Center San Francisco, CA 9411 Phone: (415) 315-6300 Email: Anne.JohnsonPalmer@ropesgray.com POWERSCHOOL HOLDINGS: E. H. Suit Transferred to S.D. California --------------------------------------------------------------- The case captioned as E. H., by parent and guardian Elizabeth Spence, individually and on behalf of all others similarly situated v. PowerSchool Holdings, Inc., PowerSchool Group LLC, Case No. 2:25-cv-00152 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Southern District of California on April 21, 2025. The District Court Clerk assigned Case No. 3:25-cv-00954-BEN-MSB to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. PowerSchool -- https://www.powerschool.com/ -- provides innovative K-12 software and cloud-based solutions to improve educational outcomes and simplify school operations.[BN] The Plaintiffs are represented by: Mark K. Svensson, Esq. LEVI & KORSINSKY, PLLC 33 Whitehall Street, 17th Floor New York, NY 10004 Phone: (212) 363-7500 - and - John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 402 W. Broadway, Suite 1760 San Diego, CA 92101 Phone: (858) 209-6941 Fax: (865) 522-0049 Email: jnelson@milberg.com The Defendants are represented by: Anne Johnson Palmer, Esq. ROPES & GRAY LLP Three Embarcadero Center San Francisco, CA 9411 Phone: (415) 315-6300 Email: Anne.JohnsonPalmer@ropesgray.com PRETZEL POWER: Salazar Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against Pretzel Power, Inc. The case is styled as Alyssa Salazar on behalf of herself and all others similarly situated, and on behalf of the general public v. Pretzel Power, Inc., Case No. STK-CV-UOE-2025-0005608 (Cal. Super. Ct., San Joaquin Cty., April 18, 2025). The case type is stated as "Unlimited Civil Other Employment." Pretzel Power Inc is a company that operates in the Energy, Utilities & Waste industry.[BN] The Plaintiff is represented by: Roman Otkupman, Esq. OTKUPMAN LAW FIRM, ALC 28632 Roadside Dr, Ste 203 Agoura Hills, CA 91301-6015 Phone: (818) 293-5623 Fax: (888) 850-1310 Email: roman@OLFLA.com RESIDENT HOME: Molloy Suit Removed to C.D. California ----------------------------------------------------- The case captioned as Regina Molloy, an individual, on behalf of herself and all others similarly situated v. Resident Home, LLC, Case No. 25STCV06804 was removed from the Los Angeles County Superior Court, to the U.S. District Court for the Central District of California on April 21, 2025. The District Court Clerk assigned Case No. 2:25-cv-03524 to the proceeding. The nature of suit is stated as Other Fraud. Resident Home -- https://www.residenthome.com/ -- offers mattresses, bed frames, bedroom furniture & other bedding products for every type of sleeper.[BN] The Plaintiff appears pro se. The Defendants are represented by: Meegan Bay Brooks, Esq. BENESCH FRIEDLANDER COPLAN AND ARONOFF LLP 100 Pine Street, Suite 3100 San Francisco, CA 94111 Phone: (628) 600-2266 Fax: (628) 221-5828 Email: mbrooks@beneschlaw.com RSCR CALIFORNIA: Filing for Class Cert. Bid in Delgado Due Oct. 9 ----------------------------------------------------------------- In the class action lawsuit captioned as DESIRAY DELGADO, et al., v. RSCR CALIFORNIA, INC., et al., Case No. 2:24-cv-07988-MAA (C.D. Cal.), the Hon. Judge Maria Audero entered an order setting the following pre-certification schedule: Last day to conduct pre-certification ADR: Sept. 5, 2025 private mediation: Expert Discovery Cut-Off: Dec. 18, 2025 Deadline to File a Motion for Class Oct. 9, 2025 Certification: Deadline to File an Opposition to the Motion Dec. 5, 2025 for Class Certification: Deadline to File a Reply: Jan. 14, 2026 Hearing Date on Motion for Class Certification: Feb. 24, 2026 at 2:00 p.m. RSCR was founded in 2007. The Company's line of business includes providing employment services. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=lb98Pi at no extra charge.[CC] SCHENKER INC: Wickham Bid for Initial OK Settlement Tossed ---------------------------------------------------------- In the class action lawsuit captioned as ERIC WICKHAM, v. SCHENKER, INC., Case No. 5:23-cv-00946-PCP (N.D. Cal.), the Hon. Judge P. Casey Pitts entered an order denying the Plaintiff's motion for preliminary approval of class settlement. The Plaintiff moves for preliminary approval of a class settlement in this Fair Credit Reporting Act ("FCRA") lawsuit against Schenker whrein the motion is denied without prejudice. The proposed settlement contains a cy pres provision for the funds not collected by class members. Here, the parties have selected the Alliance for Children's Rights as the cy pres recipient. At the hearing before this Court, the plaintiff conceded that there is no driving nexus between the Alliance for Children's Rights and the class or the objectives of the FCRA. Accordingly, the cy pres provision is impermissible and renders the proposed settlement not fair, adequate, and reasonable. The Court's finding regarding the cy pres provision precludes the Court from approving any other aspect of the settlement. The motion for preliminary approval is therefore denied without prejudice. The operative complaint alleges that defendant Schenker failed to provide a clear and conspicuous disclosure in a document consisting solely of the disclosure before procuring consumer reports for employment purposes. According to the complaint, Schenker's disclosure was accompanied by extraneous information such as "applicable state counterparts" and a hyperlink to at least one website not related to the FCRA. The Settlement Class consists of approximately 29,628 individuals who applied for positions with defendant between November 20, 2014, and February 28, 2022, and about whom defendant procured a consumer report. The agreed-upon gross settlement amount is $1,275,000. The estimated net payout per class member is $25.16. Schenker is a global logistics company. A copy of the Court's order dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=9A9wF2 at no extra charge.[CC] SEA LIMITED: $46MM Class Settlement to be Heard on July 1 --------------------------------------------------------- UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Laborers District Council Construction Industry Pension Fund, et al., Plaintiffs, vs. Sea Limited, et al., Defendants. Consolidated with Case No. 23-01889-PHX-SRB CLASS ACTION SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED SEA LIMITED PUBLICLY-TRADED AMERICAN DEPOSITARY SHARES DURING THE PERIOD FROM NOVEMBER 15, 2022 THROUGH AUGUST 14, 2023, BOTH DATES INCLUSIVE (THE "CLASS") THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOU ARE HEREBY NOTIFIED that a hearing will be held on July 1, 2025, at 9:30 a.m., before the Honorable Douglas L. Rayes, at the United States District Court for the District of Arizona, Sandra Day O'Connor U.S. Courthouse, 401 West Washington Street, Phoenix, AZ 85003-2118, to determine whether: (1) the proposed settlement of the action as set forth in the Stipulation of Settlement for $46 million in cash should be approved by the Court as fair, reasonable, and adequate; (2) the Judgment as provided under the Stipulation should be entered dismissing the Litigation with prejudice and granting the releases as specified in the Stipulation; (3) to award Plaintiffs' Counsel attorneys' fees and expenses out of the Settlement Fund (as defined in the Notice of Pendency and Proposed Settlement of Class Action, which is discussed below) and, if so, in what amounts; (4) to award payment pursuant to 15 U.S.C. Sec. 78u-4(a)(4) in connection with Lead Plaintiff's representation of the Class and, if so, in what amount; and (5) the Plan of Allocation should be approved by the Court as fair, reasonable, and adequate. There exists the possibility that the Court may decide to conduct the Settlement Hearing by video or telephonic conference, or otherwise allow Class Members to appear at the hearing by telephone or videoconference, without further written notice to the Class. In order to determine whether the date and time of the Settlement Hearing has changed, or whether Class Members must or may participate by telephone or video, it is important that you monitor the Court's docket and the website, www.SeaLimited2023SecuritiesLitigation.com, before making any plans to attend the Settlement Hearing. Any updates regarding the Settlement Hearing, including any changes to the date or time of the hearing or updates regarding in-person or telephonic appearances at the hearing, will also be posted to that website. Also, if the Court requires or allows Class Members to participate in the Settlement Hearing by telephone or video conference, the access information will be posted to the website, www.SeaLimited2023SecuritiesLitigation.com. IF YOU PURCHASED OR OTHERWISE ACQUIRED SEA LIMITED'S ("SEA") PUBLICLY-TRADED AMERICAN DEPOSITARY SHARES ("ADSs") DURING THE PERIOD FROM NOVEMBER 15, 2022 THROUGH AUGUST 14, 2023, BOTH DATES INCLUSIVE, YOUR RIGHTS ARE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION. To share in the distribution of the Net Settlement Fund, you must establish your rights by submitting a Proof of Claim and Release form by mail (postmarked, or received (if not postmarked), no later than June 23, 2025) or electronically via the website (no later than June 23, 2025). Failure to submit your Proof of Claim by June 23, 2025, will subject your Proof of Claim to rejection and preclude you from receiving any of the recovery in connection with the Settlement of this Litigation. If you purchased or otherwise acquired Sea ADSs between November 15, 2022 and August 14, 2023, both dates inclusive, and do not request exclusion from the Class, you will be bound by the Settlement and any judgment and releases entered in the Litigation, including, but not limited to, the Judgment, whether or not you submit a Proof of Claim. The Notice, which more completely describes the Settlement and your rights thereunder (including your right to object to the Settlement), the Proof of Claim, the Stipulation (which, among other things, contains definitions for the defined terms used in this Summary Notice), and other important documents, may be accessed online at www.SeaLimited2023SecuritiesLitigation.com, or by writing to or calling: Sea Limited 2023 Securities Litigation Claims Administrator c/o JND Legal Administration P.O. Box 91130 Seattle, WA 98111 Telephone: 1-877-930-5821 Inquiries should NOT be directed to Sea, Defendants, the Court, or the Clerk of the Court. Inquiries, other than requests for the Notice or for a Proof of Claim, may be made to Lead Counsel: ROBBINS GELLER RUDMAN & DOWD LLP Theodore J. Pintar 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 1-800-449-4900 settlementinfo@rgrdlaw.com IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED, OR RECEIVED (IF NOT POSTMARKED), BY JUNE 10, 2025, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL CLASS MEMBERS WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM. IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY PLAINTIFFS' COUNSEL FOR AN AWARD OF ATTORNEYS' FEES, LITIGATION EXPENSES, PLUS INTEREST ON BOTH AMOUNTS, AND/OR AWARD TO LEAD PLAINTIFF PURSUANT TO 15 U.S.C. §78u-4(a)(4). ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO LEAD COUNSEL AND DEFENDANTS' COUNSEL SUCH THAT IT IS RECEIVED NO LATER THAN JUNE 10, 2025, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. Questions? Visit www.SeaLimited2023SecuritiesLitigation.com or call toll-free at 1-877-930-5821. BY ORDER OF THE COURT UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA The Stipulation can be viewed and/or obtained at www.SeaLimited2023SecuritiesLitigation.com. SEGWAY INC: Faces Rzewuski Suit Over Defective KickScooters ----------------------------------------------------------- MARY RZEWUSKI and EDWARD STEVEN HEYMER, individually and on behalf of all others similarly situated, Plaintiffs v. SEGWAY, INC., Defendant, Case No. 1:25-cv-00463-UNA (D. Del., April 15, 2025) is a nationwide class action brought by the Plaintiffs on behalf of themselves and other similarly situated consumers who allegedly purchased a defective Segway Ninebot Max G30P and/or Max G30LP KickScooter. On March 20, 2025, the U.S. Consumer Product Safety Commission announced a recall of approximately 220,000 of the Noticed Products sold in the United States because the folding mechanism can fail and cause the handlebars or stem to fold while the scooter is in use, posing a fall hazard to consumers. By the time the recall was issued, the CPSC had received 68 reports of folding mechanism failures, including 20 injuries. In its Recall Notice, Segway advises that consumers should immediately stop using the recalled scooters and contact Segway to receive information to determine whether the folding mechanism needs adjustment and to receive a free maintenance kit. Segway is clear that it will accept no returns nor will it issue any refunds related to this defect in the Noticed Products and this recall. As a result of Defendant's misconduct, misrepresentations, and omissions, the Plaintiffs and putative Class Members have suffered injury in fact, including economic damages, says the suit. Segway, Inc. develops, manufactures, and sells personal electric transportation devices.[BN] The Plaintiffs are represented by: P. Bradford deLeeuw, Esq. DELEEUW LAW LLC 1301 Walnut Green Road Wilmington, DE 19807 Telephone: (302) 274-2180 Facsimile: (302) 351-6905 E-mail: brad@deleeuwlaw.com - and - Lisa R. Considine, Esq. Mason A. Barney, Esq. Leslie L. Pescia, Esq. SIRI | GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 Facsimile: (646) 417-5967 E-mail: mbarney@sirillp.com lconsidine@sirillp.com lpescia@sirillp.com - and - Kevin Laukaitis, Esq. Daniel Tomascik, Esq. LAUKAITIS LAW LLC 954 Avenida Ponce De Leon Suite 205, #10518 San Juan, PR 00907 Telephone: (215) 789-4462 E-mail: klaukaitis@laukaitislaw.com dtomascik@laukaitislaw.com SELECT JUSTICE: Teman Files Bid to Compel Responses to Discovery ---------------------------------------------------------------- In the class action lawsuit captioned as EMILY TEMAN, individually and on behalf of all others similarly situated, v. SELECT JUSTICE, LLC, Case No. 1:24-cv-12656-LTS (D. Mass.), the Plaintiff asks the Court to enter an order granting her motion to compel responses to discovery including the production of calling data necessary for class certification. Accordingly, the Defendant goes further with a flat refusal to produce a 30(b)(1) witness prior to its 30(b)(6) deposition. This should not be permitted. The Defendant should be ordered to make Mr. Valdez available for deposition at a mutually acceptable date, time and location. The Plaintiff received responses from Select Justice with a second set of discovery requests on March 25, 2025. In this putative class action alleging violations of the Telephone Consumer Protection Act (TCPA) for making telemarketing calls to numbers on the National Do Not Call Registry, the Plaintiff sought information related to (1) where the Defendant acquired the telephone numbers from that they made telemarketing calls to (2) records of the telemarketing calls they made during the class period and (3) any records of consent they had to make those calls (an affirmative defense they put at issue). However, the Defendant produced no documents and provided no information in response to those requests. The putative class is defined as follows: -- National DNC Class: "All persons in the United States whose (1) telephone numbers were on the National Do Not Call Registry for at least 31 days, (2) but who received more than one telemarketing call from or on behalf of Defendant encouraging the purchase of Select Justice's goods or services, (3) within a 12-month period (4) at any time in the period that begins four years before the date of filing this Complaint to trial." Select Justice provides health advocacy, injury support, and legal education services. A copy of the Plaintiff's motion dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=9pqqRU at no extra charge.[CC] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Telephone: (508) 221-1510 E-mail: anthony@paronichlaw.com SELLEN CONSTRUCTION: Bruce Suit Removed to W.D. Washington ---------------------------------------------------------- The case captioned as Michael Bruce individually and on behalf of all others similarly situated v. SELLEN CONSTRUCTION CO., INC., a Washington corporation, Case No. 25-2-07609-1 SEA was removed from the Superior Court for the State of Washington for the County of King, to the United States District Court for the Western District of Washington on April 18, 2025, and assigned Case No. 2:25-cv-00705. The Plaintiff's Complaint asserts putative class claims for Failure to Provide Rest Periods; Failure to Provide Meal Periods; Failure to Pay Overtime Wages; Payment of Wages Less Than Entitled; Failure to Accrue and Allow Use of Paid Sick Leave; Unlawful Deductions and Rebates; Failure to Pay All Wages Due at Termination; Willful Refusal to Pay Wages; and Failure to Pay All Compensation Owed all in violations of RCW.[BN] The Plaintiff is represented by: Douglas Han, Esq. Shunt Tatavos-Gharajeh, Esq. Dean Petitta, Esq. JUSTICE LAW CORPORATION 751 North Fair Oaks Avenue, Suite 101 Pasadena, CA 91103 Phone: (818) 230-7502 Facsimile: (818) 230-7259 Email: dhan@justicelawcorp.com statavos@justicelawcorp.com dpetitta@justicelawcorp.com The Defendants are represented by: Erin M. Wilson, Esq. Alayna Piwonski, Esq. BALLARD SPAHR LLP 1420 Fifth Avenue, Suite 4200 P.O. Box 91302 Seattle, WA 98111-9402 Phone: 206.223.7000 Email: wilsonem@ballardspahr.com piwonskia@ballardspahr.com SEYBOTH TEAM: Iudiciani Seeks More Time to File Class Cert Bid -------------------------------------------------------------- In the class action lawsuit captioned as Louis Iudiciani, on behalf of himself and all others similarly situated, v. The Seyboth Team Real Estate Inc. d/b/a Century 21 Limitless, Case No. 1:23-cv-00443-MSM-LDA (D.R.I.), the Plaintiff asks the Court to enter an order extending the deadline for the Plaintiff to file a motion for class certification from April 21, 2025, to July 3, 2025. The Plaintiff contends that, in order to effectively file a motion for class certification, he must first obtain necessary class and merits discovery, including information regarding the members of the potential classes and the amount of communications Defendant sent to those persons, which Plaintiff alleges were sent in violation of the Telephone Consumer Protection Act ("TCPA"). Seyboth provides real estate agency services. A copy of the Plaintiff's motion dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=YHSq64 at no extra charge.[CC] The Plaintiff is represented by: Christopher M. Lefebvre, Esq. THE CONSUMER AND FAMILY LAW CENTER OF CLAUDE F. LEFEBVRE & CHRISTOPHER M. LEFEBVRE, P.C. 2 Dexter Street Pawtucket, RI 02860 Telephone: (401) 728-6060 E-mail: Chris@lefebvrelaw.com - and - Alex D. Kruzyk, Esq. PARDELL, KRUZYK & GIRIBALDO, PLLC 7500 Rialto Blvd., Suite 1-250 Austin, Texas 78735 Telephone: (561) 726-8444 E-mail: akruzyk@pkglegal.com SHUTTERSTOCK INC: Class Cert Bid Filing in Davis Extended June 27 ----------------------------------------------------------------- In the class action lawsuit captioned as BRIDGETTE DAVIS, individually and on behalf of all others similarly situated, v. SHUTTERSTOCK, INC., a Delaware corporation; and DOES 1 to 10, inclusive, Case No. 2:23-cv-01241-DJC-SCR (E.D. Cal.), the Hon. Judge Daniel J. Calabretta entered an order extending class certification deadlines as follows: Event New Deadline Deadline for Plaintiff to file the motion for June 27, 2025 class certification and any expert reports in support thereof: Deadline for Defendant to file its opposition Aug. 27, 2025 to Plaintiff's motion for class certification and any expert reports in support thereof: Deadline for Plaintiff to file reply in Sept. 25, 2025 support of the Plaintiff's motion for class certification: Hearing on motion for class certification: Nov. 13, 2025, or any date thereafter at the Court's discretion Shutterstock is a media technology company that provides social networking platforms. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=cqsTzE at no extra charge.[CC] The Plaintiff is represented by: Kevin J. Cole, Esq. W. Blair Castle, Esq. KJC LAW GROUP, A.P.C. 9701 Wilshire Boulevard, Suite 1000 Beverly Hills, CA 90212 Telephone: (310) 861-7797 E-mail: kevin@kjclawgroup.com blair@kjclawgroup.com - and - Robert Tauler, Esq. TAULER SMITH, LLP 626 Wilshire Boulevard, Suite 510 Los Angeles, CA 90017 Telephone: (310) 590-3927 E-mail: rtauler@taulersmith.com The Defendants are represented by: Kate T. Spelman, Esq. Kristen Green, Esq. Alison I. Stein, Esq. JENNER & BLOCK LLP 515 South Flower Street, Suite 3300 Los Angeles, CA 90071-2246 Telephone: (213) 239-5100 Facsimile: (213) 239-5199 E-mail: KSpelman@jenner.com KGreen@jenner.com AStein@jenner.com SLEEP NUMBER: Court Endorses Dismissal of Evans Suit ---------------------------------------------------- In the class action lawsuit captioned as JUNE EVANS, individually and on behalf of all others similarly situated, v. SLEEP NUMBER CORPORATION, Case No. 1:24-cv-01136-KES-SAB (E.D. Cal.), the Hon. Judge Stanley Boone recommends that the Defendant's motion to dismiss be granted without prejudice. Accordingly, the parties are advised that failure to file objections within the specified time may result in the waiver of rights on appeal. The Court finds that Plaintiff has failed to state a claim for which relief may be granted under the California's False Advertising Law (FAL) Section 17501. The Court will recommend granting Defendant's motion as to this aspect of its motion and giving Plaintiff leave to amend. The Court also finds that Plaintiff has not sufficiently pleaded a California's Consumers Legal Remedies Act (CLRA) claim for which relief can be granted. The Court will recommend granting Defendant’s motion as to this claim with leave to amend. On Feb. 25, 2023, the Plaintiff purchased a full-sized "C2 360 Smart Bed mattress" for $719.20 from a store owned by the Defendant in Bakersfield, California. The Plaintiff alleges that at the time of her purchase, the Defendant's products had not been advertised its physical and online stores at the products' official strike-through price for at least three months prior, "but likely for much longer." In particular, the Plaintiff alleges that from at least Nov. 25, 2022, until May 2024, Defendant engaged in "sustained deceptive pricing practices for its [mattresses]." The Defendant manufactures, markets, advertises and distributes mattresses throughout the United States in both its physical and online stores. A copy of the Court's findings and recommendations dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=tGJtT6 at no extra charge.[CC] SMITH GAMBRELL: $2.4MM Class Settlement to be Heard on August 1 --------------------------------------------------------------- If you were sent a notice regarding a Smith, Gambrell & Russell International, LLP data breach, you may be eligible for a cash payment from a class action settlement. A court authorized this Notice. This is not a solicitation from a lawyer. A proposed Settlement has been reached with Smith, Gambrell & Russell International, LLP related to a data breach that SGR experienced in 2021. The lawsuit, which 1s pending in the Superior Court of California, County of Stanislaus, alleges that SGR did not adequately protect certain personal information. SGR denies any wrongdoing. No judgment or determination of wrongdoing has been made. Who is Included? The Class includes the U.S. residents who were sent notice of the Data Breach. What does the Settlement Provide? The Settlement provides compensation for lost time in addressing issues related to the Data Breach (up to 5 hours at $25.00/hour), payment of out-of-pocket expenses related to the Data Breach (up to $2,500.00 per person), three years of complimentary credit monitoring, payment for documented extraordinary loss related to the Data Breach (up to $7,500.00 per person), and a $150.00 payment for California residents to those who submit valid claims; attorneys' fees and expenses; costs of notice and administration; and a Service Award to the Class Representative. In lieu of submitting a claim for lost time, out-of-pocket expenses or extraordinary losses, you may submit a claim for a $75.00 Alternative Cash Payment. The aggregate payment by SGR is $2,400,000.00. ALL BENEFITS (AND THE AMOUNT PAID TO SETTLEMENT CLASS MEMBERS UNDER THIS SETTLEMENT) MAY BE HIGHER OR LOWER DEPENDING ON THE TOTAL AMOUNT OF APPROVED CLAIMS. How To Get Benefits: You must submit a claim form, including any required documentation. The deadline to file a Claim form is July 5, 2025. You can easily file a claim online at www.SGRLawDataSettlement.com. You can also get a paper claim form at the website or by calling toll free 1-888-863-7735, and file by mail. Your Other Options: If you file a claim form, object to the Settlement and/or Attorneys' Fees and Expenses, or do nothing, you are choosing to stay in the Settlement Class. You will be legally bound by all orders of the Court and you will not be able to start, continue, or be part of any other lawsuit against SGR, or Released Parties about the Data Breach. If you don't want to be legally bound by the Settlement or receive any benefits from it, you must exclude yourself by June 5, 2025. If you do not exclude yourself, you may object to the Settlement and/or Attorneys' Fees and Expenses by June 5, 2025. The Court has scheduled a hearing in this case for August 1, 2025, to consider whether to approve the Settlement, Attorneys' Fees of up to $840,000 and Expenses of up to $30,000, Service Awards of up to $5,000.00 for each Class Representative, as well as any objections, You or your own lawyer, if you have one, may ask to appear and speak at the hearing at your own cost, but you do not have to. The Motion for Attorneys' Fees and Expenses will be posted on the website after they are filed. For complete information about all of your rights and options, as well as claim forms, the Long Form Notice and Settlement Agreement, visit www.SGRLawDataSettlement.com, or call 1-888-863-7735. ST. CLAIR COUNTY, IL: Miller Seeks Class Certification ------------------------------------------------------ In the class action lawsuit captioned as Bradley Miller, Kayla Kilpatrick, and Blake Bumann, on behalf of themselves and all others similarly situated, v. County of St. Clair, Illinois, Case No. 3:23-cv-02597-JPG (S.D. Ill.), the Plaintiffs ask the Court to enter an order granting motion for class certification. The Plaintiffs move for class certification regarding theg Plaintiffs' state law claims, specifically the claims for violations of the Illinois Minimum Wage Law ("IMWL"). The Plaintiffs request that the Court certify this case as a class action, that Counsel for Plaintiffs be designated class counsel, and that the individual plaintiffs be designated representatives of the following class: the 28 individuals that have previously opted in and joined the certified collective action regarding Plaintiffs' claims under the Fair Labor Standards Act (FLSA). The Plaintiffs contend that the pay practices of Defendant, regarding individuals who were and are currently employed by the Defendant from July 26, 2020, to present violated the overtime provisions of the Fair Labor Standards Act ("FLSA"), and Illinois Minimum Wage Law ("IMWL"). Specifically, the Plaintiffs contend that the Defendant refused and failed to pay the Plaintiffs and similarly-situated Telecommunicators premiums for hours worked over forty in a work week, even though these employees were or are non-exempt from the overtime provisions of the FLSA and IMWL. St. Clair County is part of the Metro East region of the Greater St. Louis metropolitan area in southern Illinois. A copy of the Plaintiffs' motion dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=MZWI38 at no extra charge.[CC] The Plaintiffs are represented by: Alan G. Crone, Esq. W. Patrick Crone, Esq. THE CRONE LAW FIRM, PLC 88 Union Avenue, 13th Floor Memphis, TN 38103 Telephone: (901) 737-7740 Facsimile: (901) 474-7926 E-mail: acrone@cronelawfirmplc.com pcrone@cronelawfirmplc.com ST. TAMMANY PARISH: Baqer Seeks Leave to File Renewed Class Cert. ----------------------------------------------------------------- In the class action lawsuit captioned as AHMED BAQER, et al., v. ST. TAMMANY PARISH GOVERNMENT, a/k/a/ ST. TAMMANY PARISH COUNCIL, et al., Case No. 2:20-cv-00980-DJP-EJD (E.D. La.), the Plaintiffs ask the Court to enter an order granting their corrected motion for leave to file a renewed motion for class certification. The renewed motion for class certification would be filed simultaneously and in conjunction with an amended complaint. The Plaintiffs are moving for leave to file an amended complaint in a separate motion filed concurrently with this motion A copy of the Plaintiffs' motion dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Tn4MTB at no extra charge.[CC] The Plaintiffs are represented by: Devon M. Jacob, Esq. JACOB LITIGATION, INC. Mechanicsburg, PA 17055-0837 Telephone: (717) 796-7733 E-mail: djacob@jacoblitigation.com - and - Antonio M. Romanucci, Esq. Sam Harton, Esq. Josh Levin, Esq. ROMANUCCI & BLANDIN, LLC 321 N. Clark Street, Suite 900 Chicago, IL 60654 Telephone: (312) 458-1000 Facsimile: (312) 458-1004 E-mail: aromanucci@rblaw.net b.raveendran@rblaw.net sharton@rblaw.net - and - Maria B. Glorioso, Esq. Vincent J. Glorioso, Jr., Esq. THE GLORIOSO LAW FIRM 2716 Athania Parkway Metairie, LA 70002 Telephone: (504) 569-9999 Facsimile: (504) 569-9022 E-mail: maria@gtorts.com STAKE CENTER: Class Definition in Monroe Suit Amended ----------------------------------------------------- In the class action lawsuit captioned as ADRAIN MONROE & ANDRELL WHITE, individually and for others similarly situated, v. STAKE CENTER LOCATING, LLC, Case No. 2:23-cv-00692-EWH-RJK (E.D. Va.), the Hon. Judge Elizabeth Hanes entered an order amending the class definition as follows: "All individuals who worked for Stake Center in Virginia who (1) received overtime payments, and (2) received a "Vehicle Allowance" payment that was not included in the regular rate of pay used to calculate their overtime rate at any time from July 1, 2021 until final resolution of this action." All other provisions of the Court's class certification order remain in effect. Stake Center provides utility locating services for gas, electrical, cable, and communications companies across the country, including in Virginia. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=CkXiaZ at no extra charge.[CC] SUNRUN INC: Luckau Class Certification Bid Tossed w/o Prejudice --------------------------------------------------------------- In the class action lawsuit captioned as JEREMY LUCKAU, v. SUNRUN, INC., Case No. 4:25-cv-01661-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered an order denying without prejudice Luckau's motion for class certification. The Plaintiff has filed a motion for class certification. The Defendant's responsive pleading is due by April 21, 2025, and "Sunrun plans to file a motion to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction and under Rule 12(b)(6) for failure to state a claim." Luckau's reply brief correctly notes that "district courts have broad discretion to control the class certification process." However, "efficiency and economy are strong reasons for a court to resolve challenges to personal or subject-matter jurisdiction before ruling on certification." The Court exercises its discretion by declining to consider the propriety of class certification in this case at least until the operative pleading has been established. Sunrun is an American provider of photovoltaic systems and battery energy storage products, primarily for residential customers. A copy of the Court's order dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=0dvF39 at no extra charge.[CC] SURREY REALTY: McCammon Suit Removed to S.D. New York ----------------------------------------------------- The case captioned as Donna McCammon, Vanessa Garcia, individually and on behalf of others similarly situated v. SURREY REALTY ASSOCIATES LLC, SURREY PROPCO LLC, CORINTHIA HOTELS LIMITED, and any other related entities, jointly and severally, Case No. 20-11007 was removed from the United States Bankruptcy Court for the Southern District of New York,, to the United States District Court for the Southern District of New York on April 21, 2025, and assigned Case No. 1:25-cv-03292. This is an action brought on March 26, 2025, under New York City's Displaced Hotel Service Workers Act. The Plaintiffs allege that all three defendants violated various provisions of New York City's Displaced Hotel Worker Service Act, N.Y.C. Admin. Code § 22-510 ("the Act"). In sum, plaintiffs allege that defendant Surrey failed to provide certain information required under the Act to Defendant Propco at the time of an alleged sale of the hotel by Surrey to Propco. Plaintiffs further allege that Propco and defendant Corinthia subsequently failed to hire Surrey's former employees for a period of 90 days.[BN] The Defendants are represented by: Paul Wagner, Esq. STOKES WAGNER, ALC 903 Hanshaw Road Ithaca, NY 14850 Phone: (607) 257-5165 Email: pwagner@stokeswagner.com SYSCO CORPORATION: Luna Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Valerie Rose Luna, individually and on behalf of all others similarly situated v. SYSCO CORPORATION; and DOES 1 through 100, Case No. 25PSCV00910 was removed from the Superior Court of the State of California in and for the County of Los Angeles, to the United States District Court for the Central District of California on April 17, 2025, and assigned Case No. 2:25-cv-03415. The Plaintiff's Complaint asserts the following five causes of action against Defendants: Disability Discrimination in Violation of the Fair Employment and Housing Act; Failure to Accommodate; Failure to Engage in the Interactive Process; Retaliation for Requesting Accommodation in Violation of FEHA; and Wrongful Termination.[BN] The Defendants are represented by: Christopher M. Habashy, Esq. BAKER & HOSTETLER LLP 1900 Avenue of the Stars, Suite 2700 Los Angeles, CA 90067-4301 Phone: 310.820.8800 Facsimile: 310.820.8859 Email: chabashy@bakerlaw.com TACOS EL MAYITA: Rubio Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against Tacos El Mayita & Birrialandia, LLC. The case is styled as Jessica Maria Rico Rubio, individually, and on behalf of other members of the general public similarly situated v. Tacos El Mayita & Birrialandia, LLC, Case No. STK-CV-UOE-2025-0005545 (Cal. Super. Ct., San Joaquin Cty., April 17, 2025). The case type is stated as "Unlimited Civil Other Employment." El Mayita Grill is a cozy restaurant in Stockton, California that specializes in serving authentic Mexican cuisine.[BN] The Plaintiff is represented by: David Joseph Parsons, Esq. KERN COUNTY DISTRICT ATTORNEY'S OFFICE 1775 Highway 58 Mojave, CA 93501-1901 Phone: 661-825-7114 TAKEDA PHARMACEUTICAL: UFOAFPP Sues Over Anticompetitive Scheme --------------------------------------------------------------- UNIFORMED FIRE OFFICERS ASSOCIATION FAMILY PROTECTION PLAN LOCAL 854 and UNIFORMED FIRE OFFICERS ASSOCIATION RETIRED FIRE OFFICERS FAMILY PROTECTION PLAN, individually and on behalf of all others similarly situated, Plaintiffs v. TAKEDA PHARMACEUTICAL COMPANY LIMITED, TAKEDA PHARMACEUTICALS U.S.A., INC., TAKEDA PHARMACEUTICALS INC., and TWI PHARMACEUTICALS USA, INC., Defendants, Case No. 3:25-cv-03341 (N.D. Cal., April 15, 2025) is a civil antitrust action seeking treble damages and injunctive relief to address Defendants' anticompetitive scheme to delay generic competition for Dexilant, a prescription dexlansoprazole drug product sold by Takeda for the treatment of erosive esophagitis and symptoms of gastroesophageal reflux disease, also known as GERD. The Plaintiff seeks overcharge damages arising from Takeda's payments to TWi in exchange for TWi's agreement to quit its challenge to Takeda's patents and delay its entry into the dexlansoprazole market. Arrangements like this are commonly referred to as "reverse payment agreements" because the payment flows from the patent holder to the alleged infringer, which is the reverse of a typical patent litigation settlement where the infringer pays damages or royalties to the patent holder. The payment to TWi included a cash payment of $9.5 million as well as a de-facto agreement that Takeda would not compete with TWi's generic dexlansoprazole by launching an authorized generic Dexilant. The Defendants' anticompetitive conduct delayed competition in the United States market for Dexilant and its generic equivalents for approximately 18 months from June 2020 to January 2022. The Defendants' anticompetitive conduct further restricted competition in the United States market for Dexilant and its generic equivalents by limiting competition to a single generic for approximately 11 months after TWi's launch, during which time Takeda, by agreement, did not compete with its own authorized generic version of Dexilant, says the suit. Plaintiffs Uniform Fire Officers Association Family Protection Plan Local 854 and Uniform Fire Officers Association Retired Officers Family Protection Plan are health and welfare benefit plans headquartered and with a principal place of business in New York, New York. Takeda Pharmaceutical Company Limited is a Japanese multinational pharmaceutical company.[BN] The Plaintiffs are represented by: Pavithra Rajesh, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: prajesh@glancylaw.com - and - Brian D. Brooks, Esq. Lee Albert, Esq. Brian P. Murray, Esq. Greg Linkh, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Avenue, Suite 358 New York, NY 10169 Telephone: (212) 682-5340 E-mail: bbrooks@glancylaw.com lalbert@glancylaw.com bmurray@glancylaw.com glinkh@glancylaw.com TJX COMPANIES: Pardo Sues Over Property's Architectural Barriers ---------------------------------------------------------------- NIGEL FRANK DE LA TORRE PARDO, Plaintiff v. THE TJX COMPANIES INC D/B/A MAXX T J #593, Defendants, Case No. 1:25-cv-21733 (S.D. Fla., April 15, 2025) is a class action for injunctive relief, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act. Plaintiff Pardo is an individual with disabilities as defined by and pursuant to the ADA. He is, among other things, a paraplegic (paralyzed from his T-6 vertebrae down) and is therefore substantially limited in major life activities due to his impairment. The Plaintiff found the Defendants' commercial retail store business exposed him to architectural barriers in violation of ADA. He asserts that the Defendants have discriminated against him by denying him access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the commercial plaza property. The TJX Companies Inc. is the individual owner of a retail store business that is the subject of this ADA lawsuit, which is a place of public accommodation, with its principal place of business in Miami-Dade County, Florida.[BN] The Plaintiff is represented by: Anthony J. Perez, Esq. ANTHONY J. PEREZ LAW GROUP, PLLC 7950 W. Flagler Street, Suite 104 Miami, FL 33144 Telephone: (786) 361-9909 Facsimile: (786) 687-0445 E-mail: ajp@ajperezlawgroup.com TOP GOLF: Seeks More Time to File Class Cert Response in Billingy ----------------------------------------------------------------- In the class action lawsuit captioned as MALERY BILLINGY, RICHARD CAMERON MARSHALL, AND ZHANIA SIMON, individually and on behalf of others similarly situated, v. TOP GOLF USA ALPHARETTA, LLC, TOPGOLF PAYROLL SERVICES, LLC, AND TOP GOLF USA INC., Case No. 1:25-cv-00398-SDG (N.D. Ga.), the Defendants ask the Court to enter an order granting a 14-day extension of the deadline for the Defendants to respond to the Plaintiffs' motion for Court-sponsored notice to a conditional class from April 18, 2025 through and including May 2, 2025. On April 4, 2025, the Plaintiffs filed the Motion Pursuant to Local Rule 7.1(B), Defendants’ deadline to respond to the Motion is currently April 18, 2025. As Defendants' response to the Motion is currently due April 18, 2025, Defendants’ motion for an extension is made before the expiration of the current deadline. Counsel for the Defendants conferred with counsel for Plaintiffs regarding this motion. Topgolf is a golf entertainment complex. A copy of the Defendants' motion dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=fz5ib4 at no extra charge.[CC] The Defendants are represented by: Lauren H. Zeldin, Esq. John B. Brown, Esq. Victoria L Vish, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 191 Peachtree Street, NE, Suite 4800 Atlanta, GA 30303 Telephone: (404) 881-1300 Facsimile: (404) 870-1732 E-mail: lauren.zeldin@ogletree.com john.brown@ogletree.com victoria.vish@ogletree.com TOPPOINT HOLDINGS: Driver Misclassification Suit Remains Pending ---------------------------------------------------------------- On January 12, 2024, two drivers, Rainey Mejia Rodriguez and Frank Santana Rodriguez filed a class action lawsuit against Toppoint Holdings Inc.'s subsidiary, Toppoint Inc, and certain other parties, in the Superior Court of New Jersey, Essex County, alleging misclassification of truck drivers as independent contractors rather than employees. The plaintiffs seek to represent a class of similarly situated individuals who provided services in New Jersey from January 2018 through the date of the complaint. The complaint asserts violations of the New Jersey Wage Payment Law and the New Jersey Wage and Hour Law, including claims of unlawful wage deductions and failure to pay overtime. The plaintiffs sought compensatory damages, treble and/or liquidated damages, attorneys' fees, and injunctive relief, without specifying a dollar amount of damages. On July 27, 2024, August 26, 2024, and November 22, 2024, the Court issued multiple orders dismissing the case for lack of prosecution. Upon a motion to reinstate the case filed on January 15, 2025 by the plaintiffs, the Court reinstated the case on January 31, 2025. The Company disclosed in a Form 10-K report for the fiscal year ended December 31, 2024 filed with the U.S. Securities and Exchange Commission that it believes the claims are without merit and intends to continue to vigorously defend against them. TOYOTA OF DALLAS: Parties Seek to Modify Class Cert Sched Order --------------------------------------------------------------- In the class action lawsuit captioned as Rhonn Mitchell, on behalf of himself and all others similarly situated, v. Toyota of Dallas, Case No. 3:23-cv-01278-N (N.D. Tex.), the Parties ask the Court to enter an order granting fourth joint motion to modify class certification scheduling order: Plaintiff's Motion for Class Certification: N/A - concluded Defendant's Designation of Expert Witnesses N/A – concluded and Production of Expert Reports: Plaintiff's Designation of Rebuttal Experts N/A - concluded and Production of Expert Rebuttal Reports: Close of Class Certification Discovery: June 13, 2025 Defendant's Service of its Response to July 15, 2025 Plaintiff's Motion for Class Certification: Plaintiff's Service of his Reply to Aug. 5, 2025 Defendant's Response to Plaintiff's Motion for Class Certification: Submission Date: Aug. 26, 2025 The Plaintiff served his motion for class certification on Defendant on September 23, 2024. The Parties request that the Submission Date and all other dates associated with the motion for class certification be extended as proposed in Section V below. The case was begun by Rhonn Mitchell on June 6, 2023. Defendant filed its answer on September 11, 2023. On that same date the Court entered its Order The Defendant is a Toyota dealership, serving Dallas, Richardson, Garland, Carrollton, Plano and Irving. A copy of the Parties' motion dated April 11, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=wLR3wv at no extra charge.[CC] The Plaintiff is represented by: Chris R. Miltenberger, Esq. THE LAW OFFICE OF CHRIS R. Miltenberger, PLLC 1360 N. White Chapel, Suite 200 Southlake, TX 76092-4322 Telephone: (817) 416-5060 Facsimile: (817) 416-5062 E-mail: chris@crmlawpractice.com The Defendant is represented by: Frank J. Catalano, Esq. Darrell E. Davis, Esq. Jarin K. Gielser, Esq. CLARK HILL PLC 2600 Dallas Parkway, Suite 600 Frisco, TX 75034 Telephone: (469) 287-3917 Facsimile: (469) 287-3999 E-mail: fcatalano@clarkhill.com ddavis@clarkhill.com jgiesler@clarkhill.com U.S. BANCORP: Futo Balks at Illegal Bank Deposit Program -------------------------------------------------------- ADAM SAUL FUTO and JAMES BARTLEY ELLIS, individually and on behalf of all others similarly situated, Plaintiffs v. U.S. BANCORP; and U.S. BANCORP INVESTMENTS, INC., Defendants, Case No. 0:25-cv-01464-ECT-DJF (D. Minn., April 15, 2025) is an action to recover damages arising out of Defendants' unlawful conduct related to their Bank Deposit Program by which USBI transfers cash from its customers' accounts into interest-bearing deposit accounts at U.S. Bank National Association and pays unreasonably low interest payments to customers on that cash. According to the complaint, the primary purpose of the Bank Deposit Program is to provide customers with interest on their uninvested cash. However, the Defendants used their Bank Deposit Program to generate substantial returns on customers' cash, almost none of which was returned to customers in the form of reasonable interest on their deposits. While asserting in its Sweep Program Disclosure Statement that it operates the Bank Deposit Program as its customers' agent, USBI and its affiliate U.S. Bank retain nearly all the returns their customers' cash generates. The Defendants facilitate this by offering an unreasonably low interest rate on cash in the Bank Deposit Program -- currently between 0.23% and 1.80% (depending on a customer's cash balance) -- to customers, even as competing financial institutions including Vanguard and Fidelity offer interest rates more than 17 times higher on their own customers' swept cash, says the suit. The Plaintiffs, individually and on behalf of the Class, bring this class action to remedy the significant financial harm caused by Defendants' use of the Bank Deposit Program to enrich themselves at the expense of customers, and assert claims against Defendants for breach of fiduciary duty, negligence, breach of the implied covenant of good faith and fair dealing, negligent misrepresentations and omissions, violation of the Minnesota Consumer Fraud Act and the Minnesota Deceptive Trade Practices Act, and unjust enrichment. U.S. Bancorp is a financial services holding company that serves millions of local, national, and international customers. [BN] The Plaintiffs are represented by: Daniel E. Gustafson, Esq. Catherine Sung-Yun Smith, Esq. Shashi K. Gowda, Esq. GUSTAFSON GLUEK, PLLC Canadian Pacific Plaza 120 South 6th Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 E-mail: dgustafson@gustafsongluek.com csmith@gustafsongluek.com sgowda@gustafsongluek.com - and - Joseph H. Meltzer, Esq. Melissa L. Yeates, Esq. Tyler S. Graden, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 E-mail: jmeltzer@ktmc.com myeates@ktmc.com tgraden@ktmc.com - and - James E. Cecchi, Esq. Michael A. Innes, Esq. Kevin G. Cooper, Esq. Grant Y. Lee, Esq. CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 Facsimile: (973) 994-1744 E-mail: jcecchi@carellabyrne.com minnes@carellabyrne.com kcooper@carellabyrne.com glee@carellabyrne.com - and - Zachary Jacobs, Esq. CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C. 222 S Riverside Plaza Chicago, IL 06606 E-mail: zjacobs@carellabyrne.com - and - Jason H. Alperstein, Esq. CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C. 2222 Ponce De Leon Blvd. Miami, FL 33134 E-mail: jalperstein@carellabyrne.com UNDER ARMOUR: Parties Seek Sept. 25, 2026 Fact Cut-Off Date ----------------------------------------------------------- In the class action lawsuit captioned as Lo v. Under Armour, Inc., Case No. 3:24-cv-01258-IM (D. Or.), the Parties seek a fact cut-off date of Sept. 25, 2026. The Parties contend that the Court may take approximately three months to rule on the Plaintiff's class certification. Under Armour is a specialty retailer of athletic apparel. A copy of the Parties' motion dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=v36YMT at no extra charge.[CC] The Plaintiff is represented by: Sara M. Pearson, Esq. Scott G. Braden, Esq. LYNCH CARPENTER, LLP 1234 Camino del Mar, Del Mar, CA 92014 Telephone: (619) 762-1910 Facsimile: (619) 756-6991 E-mail: scott@lcllp.com sara@lcllp.com UNITED BEHAVIORAL: Bid to Decertify Class in Jones Suit Tossed -------------------------------------------------------------- In the class action lawsuit captioned as MARY JONES, et al., v. UNITED BEHAVIORAL HEALTH (UBH), Case No. 3:19-cv-06999-RS (N.D. Cal.), the Hon. Judge Richard Seeborg entered an order denying the Defendant's motion to decertify and granting the Plaintiff's motion to modify. The class definition is amended and the proposed Subclass is certified as follows: "Any member of the Class who incurred expenses for residential treatment for which benefits were not paid, except that the Reprocessing Subclass shall not include Class members whose written notification of denial, as reflected in UBH's records, (a) identifies a reason for denying the request for coverage other than the Class member's failure to satisfy UBH's 2017 LOCGs or a Coverage Determination Guideline that incorporates the 2017 LOCGs, and/or (b) specifies that the member's failure to satisfy the applicable Guideline was based solely on a portion of the applicable Guideline that was unchallenged in this action." The Plaintiff is appointed as representative for the Subclass. The Defendant having no objection, the Plaintiff's counsel from Zuckerman Spaeder LLP and Psych-Appeal, Inc. are appointed subclass counsel. Because Plaintiff's modification proposal satisfies the Rule 23(a) and (b) requirements for class actions as explained below, as well as the two-part Wit standard, her motion to modify the class is granted, and Defendant's motion to decertify the class is denied. The Plaintiff brought this putative class action through her mother, Sandra Tomlinson, against the Defendant to redress alleged ERISA violations. United Behavioral was founded in 1996. The Company's line of business includes providing management services on a contract and fee basis. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=cQYG4b at no extra charge.[CC] UNITED NATURAL: Seeks OK of Class Cert Briefing Schedule -------------------------------------------------------- In the class action lawsuit captioned as Sills et al., v. United Natural Foods, Inc. et al., Case No. 1:23-cv-02364-JGLC-VF (S.D.N.Y.), the Defendants ask the Court to enter an order granting class certification briefing schedule: Date Event June 13, 2025 Deadline for Defendants' opposition to Plaintiffs' motion for class certification and any expert report in opposition to motion for class certification Aug. 22, 2025 Deadline for Plaintiffs' reply in support of their motion for class certification and any expert report in reply to opposition to motion for class certification The Defendants also believe that a sur-reply may be appropriate in this case. Should Defendants believe that good cause exists for a sur-reply after review of Plaintiffs' forthcoming reply brief, the parties have agreed to meet and confer on Defendants' request in good faith before Defendants apply to the Court for leave. United Natural offers natural products consisting of groceries and general merchandise, nutritional supplements, bulk and foodservice products. A copy of the Defendants' motion dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Mdq8Qq at no extra charge.[CC] The Defendants are represented by: Neil H. Conrad, Esq. SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 Telephone: (312) 853-7000 Facsimile: (312) 853-7036 E-mail: Nconrad@sidley.com UNIVERSITY OF KANSAS: Faces Doe Suit for Invasion of Privacy ------------------------------------------------------------ JANE DOE #1 and JANE DOE #2, individually and on behalf of all others similarly situated, Plaintiffs v. UNIVERSITY OF KANSAS HOSPITAL AUTHORITY d/b/a UNIVERSITY OF KANSAS HEALTH SYSTEM, LAWRENCE MEMORIAL HOSPITAL d/b/a/ LMH HEALTH, and EPIC SYSTEMS CORPORATION, Defendants, Case No. 2:25-cv-02200 (D. Kan., April 15, 2025) is an action on behalf of the Plaintiffs and all other individuals whose sensitive medical information was improperly accessed by the physical therapist employed by the University Of Kansas Hospital Authority pursuant to Federal Rules of Civil Procedure 23(c)(4) and (b)(3). According to the complaint, at least 425 patients of Plastic Surgery Specialists of Lawrence, an affiliate of LMH, suffered grave invasions of their privacy when their most intimate health information and medical files were accessed by the physical therapist, who had no affiliation to LMH or its plastic surgery clinic and who never provided treatment to Plaintiffs. Over the course of more than two years, the physical therapist used his KU Health issued credentials to perpetrate the privacy invasions by accessing patient files through an Epic electronic health records portal that permitted patient data sharing between unrelated health systems. These patient files contained nude clinical photographs, body measurements, and other highly sensitive personally identifiable information and protected health information of at least 425 (likely female) patients who had undergone various surgeries and procedures at Plastic Surgery Specialists of Lawrence. As a KU Health employee, the physical therapist intentionally violated the rights and privacy of Plaintiffs and the Class members, and KU Health negligently supervised, trained, and retained physical therapist during his tenure. KU Health knew or should have known that physical therapist was repeatedly accessing the medical records of LMH plastic surgery patients without any legitimate treatment relationship, yet failed to take corrective action. This lack of oversight enabled his unlawful conduct to continue unchecked for years, the suit alleges. University of Kansas Hospital Authority d/b/a University of Kansas Health System is a health care provider.[BN] The Plaintiffs are represented by: J. Austin Moore, Esq. Larkin E. Walsh, Esq. Benjamin J. Stueve, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 Facsimile: (816) 714-7101 E-mail: moore@stuevesiegel.com walsh@stuevesiegel.com ben.stueve@stuevesiegel.com US CITIZENSHIP: Court Modifies Class Definition in Volkova Suit --------------------------------------------------------------- In the class action lawsuit captioned as ANASTASIIA VOLKOVA, for herself and all others similarly situated, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, and UNITED STATES OF AMERICA, Case No. 1:23-cv-07565-FB-LB (E.D.N.Y.), the Hon. Judge Frederic Block entered an order granting The definition of the class is modified as follows: "All Ukrainian parolees who paid the $410 filing fee for applications on Form I-765 for initial employment authorization documents between Feb. 24, 2022, and May 21, 2022." Redefining the class reduces its size but not below the 40-member threshold. Whether the AUSAA requires USCIS to refund fees paid between Feb. 22, 2022, and May 21, 2022, remains a live issue common to the redefined class and "capable of classwide resolution." Volkova's claim may present other issues, of course, but the common issue predominates. The refund program cannot resolve that issue, making a class action a superior method for adjudicating it. On March 14, 2024, Chief Magistrate Judge Bloom entered a report and recommendation recommending that the plaintiff's motion for class certification be granted. USCIS oversees immigration to the United States and approves (or denies) immigrant petitions, and more. U.S. Citizenship and Immigration Services is an agency of the United States Department of Homeland Security that administers the country's naturalization and immigration system. A copy of the Court's memorandum and order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=1yinhP at no extra charge.[CC] The Plaintiff is represented by: William H. Narwold, Esq. MOTLEY RICE LLC 20 Church Street, 17th Floor Hartford, CT 06103 The Defendants are represented by: Kathleen A. Mahoney, Esq. Assistant United States Attorney 271-A Cadman Plaza East, 7th Floor Brooklyn, NY 11201 VALVE CORPORATION: Expert Discovery Deadline in Wolfire Extended ---------------------------------------------------------------- In the class action lawsuit captioned as Wolfire Games LLC, et al., v. Valve Corporation (RE VALVE ANTITRUST LITIGATIO), Case No. 2:21-cv-00563-JNW (W.D. Wash.), the Hon. Judge Jamal N. Whitehead entered an order granting stipulated motion for extension of merits expert discovery deadline to take certain depositions. The parties have been working to complete merits expert discovery, including disclosing Opening Merits Expert Reports and Response Merits Expert Reports, preparing for disclosure of Rebuttal Merits Expert Reports under the deadline set forth in the Case Schedule, and scheduling merits expert depositions. The parties anticipate taking four merits expert depositions by May 12, 2025. Due to scheduling constraints, the parties request a four-day extension of merits expert discovery to conduct expert depositions of the following witnesses: 1. Deposition of Dr. Steven Schwartz, to be conducted on May 14, 2025; and 2. Deposition of Professor Joost Rietveld, to be conducted on May 16, 2025. The parties request that the Court enter the below Order extending the deadline to complete Merits Expert Discovery as stipulated. On Nov. 26, 2024, the Court issued its Order Granting Plaintiffs' motion for class certification, which set May 12, 2025, as the close of merits expert discovery pursuant to the Case Schedule. Valve is an American video game developer, publisher, and digital distribution company. A copy of the Court's order dated April 14, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ImC7Xd at no extra charge.[CC] The Plaintiffs are represented by: Alicia Cobb, Esq. Steig D. Olson, Esq. David LeRay, Esq. Nic V. Siebert, Esq. Andrew Faisman, Esq. Adam Wolfson, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, WA 98101 Telephone: (206) 905-7000 Facsimile: (206) 905-7100 E-mail: aliciacobb@quinnemanuel.com steigolson@quinnemanuel.com davidleray@quinnemanuel.com nicolassiebert@quinnemanuel.com andrewfaisman@quinnemanuel.com adamwolfson@quinnemanuel.com - and - Ankur Kapoor, Esq. CONSTANTINE CANNON LLP 6 East 43rd St., 26th Floor New York, NY 10017 Telephone: (212) 350-2700 Facsimile: (212) 350-2701 E-mail: akapoor@constantinecannon.com - and - Tyre L. Tindall, Esq. McKinney Wheeler, Esq. Kenneth R. O'Rourke, Esq. Jordanne M. Steiner, Esq. WILSON SONSINI GOODRICH & ROSATI P.C. 701 Fifth Avenue, Suite 5100 Seattle, WA 98104-7036 Telephone: (206) 883-2500 Facsimile: (866) 974-7329 E-mail: sjensen@wsgr.com ttindall@wsgr.com mckinney.wheeler@wsgr.com korourke@wsgr.com jordanne.miller@wsgr.com - and - W. Joseph Bruckner, Esq. Joseph C. Bourne, Esq. Laura M. Matson, Esq. Kyle Pozan, Esq. Kristie A. LaSalle, Esq. LOCKRIDGE GRINDAL NAUEN PLLP 100 Washington Avenue S, Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339-6900 Facsimile: (612) 339-0981 E-mail: wjbruckner@locklaw.com jcbourne@locklaw.com lmmatson@locklaw.com kjpozan@locklaw.com kalasalle@locklaw.com The Defendant is represented by: Blake Marks-Dias, Esq. Eric A. Lindberg, Esq. CORR CRONIN LLP 1015 Second Avenue, Floor 10 Seattle, WA 98104-1001 Telephone: (206) 625-8600 Facsimile: (206) 625-0900 E-mail: bmarksdias@corrcronin.com elindberg@corrcronin.com - and - Nathan M Buchter, Esq. FOX ROTHSCHILD LLP 2020 K. St. NW, Ste. 500 Washington, DC 20006 Telephone: (202) 794-1220 Facsimile: (202) 461-3102 E-mail: nbuchter@foxrothschild.com - and - Rakesh Kilaru, Esq. James Rosenthal, Esq. Max Warren, Esq. Keri Arnold, Esq. Ralia Polechronis, Esq. WILKINSON STEKLOFF LLP 2001 M Street NW, 10th Floor Washington, DC 20036 Telephone: (202) 847-4000 Facsimile: (202) 847-4005 E-mail: rkilaru@wilkinsonstekloff.com jrosenthal@wilkinsonstekloff.com mwarren@wilkinsonstekloff.com karnold@wilkinsonstekloff.com rpolechronis@wilkinsonstekloff.com - and - Jessica Rizzo, Esq. BALLARD SPAHR 1735 Market Street, 51st Floor Philadelphia, PA 19103 Telephone: (215) 665-8500 Facsimile: (215) 864-8999 E-mail: rizzoj@ballardspahr.com VISION PATH: Africa's Bid to Compel Deposition OK'd --------------------------------------------------- In the class action lawsuit captioned as WESLEY AFRICA, v. VISION PATH, INC., ET AL., Case No. 2:23-cv-04570-GW-MBK (C.D. Cal.), the Hon. Judge Michael Kaufman entered an order granting the Plaintiff's motion to compel deposition and denying sanctions. The Court finds that sanctions are not warranted here. While the Court appreciates the Plaintiff's frustration with its longstanding efforts to schedule the deposition and agrees that the Defendant's reasons for delay are without merit, the Defendant appeared to believe in good faith that the Plaintiff's looming motion to amend the complaint could prejudice the potential new defendants. The Defendant attempted to find a compromise to the parties' dispute, including by proposing delaying the deposition or conducting a deposition by written questions. In light of these efforts, even if the issue was properly before the Court, it would exercise its discretion not to impose sanctions. On Jan. 9, 2024, the Plaintiff filed a Third Amended Complaint ("TAC"), which is the current operative complaint. The TAC alleges that Defendant Vision Path, Inc., engaged in various unfair competition and deceptive practices, design defects, negligence, and fraud related to their subscription service for contact lenses. The class is defined as: "All persons residing in California who, during the Class Period [April 25, 2019 until the date of judgment], purchased and paid for a Subscription Service from the Defendant." Vision Path offers direct-to-consumer contact lenses and eye glasses. A copy of the Court's order dated April 15, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=lxbSLT at no extra charge.[CC] VITAL PROTEINS: Cole Seeks Equal Website Access for the Blind ------------------------------------------------------------- HARON COLE, on behalf of himself and all others similarly situated Plaintiff v. Vital Proteins, LLC, Defendant, Case No. 1:25-cv-04080 (N.D. Ill., April 15, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act. According to the complaint, the website contains access barriers that prevent free and full use by Plaintiff and blind persons using keyboards and screen-reading software. These barriers are pervasive and include, but are not limited to ambiguous link texts, changing of content without advance warning, inaccurate landmark structure, inadequate focus order, lack of alt-text on graphics, the denial of keyboard access for some interactive elements, unclear labels for interactive elements, and the requirement that transactions be performed solely with a mouse. The Plaintiff seeks a permanent injunction to cause a change in Vital Proteins' policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination. Vital Proteins, LLC operates the website that offers a variety of collagen peptides powders, gummies, and drinks, protein powders, and other supplements.[BN] The Plaintiff is represented by: David B. Reyes, Esq. EQUAL ACCESS LAW GROUP, PLLC 68-29 Main Street Flushing, NY 11367 Telephone: (630)-478-0856 E-mail: Dreyes@ealg.law VITAL'S INTERNATIONAL: Thorne Sues Over Blind-Inaccessible Website ------------------------------------------------------------------ BRAULIO THORNE, on behalf of himself and all other persons similarly situated, Plaintiff v. VITAL'S INTERNATIONAL GROUP, Defendant, Case No. 1:25-cv-03086 (S.D.N.Y., April 15, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its interactive website, https://purador.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 April 11, 2025, in an attempt to purchase a Body Cream 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. He was unable to locate pricing and was not able to add the item to the cart due to broken links, pictures without alternate attributes and other barriers 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. Vital's International Group operates the website that offers skin care, hair care, bath and body products.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: Jeffrey@Gottlieb.legal Dana@Gottlieb.legal Michael@Gottlieb.legal WALGREEN CO: Caballero Suit Removed to C.D. California ------------------------------------------------------ The case captioned as Juan Rodrigo Caballero, an individual, on behalf of himself and all others similarly situated v. WALGREEN, CO., an Illinois corporation, and DOES 1-50, inclusive, Case No. 25STCV05466 was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central of California on April 18, 2025, and assigned Case No. 2:25-cv-03465. The Complaint brings putative class claims for an alleged: Failure to Permit Compliant Meal Periods; Failure to Provide Rest Periods; Failure to Pay All Wages Due Upon Termination; Failure to Reimburse for Required Business Expenses; Failure to Provide Accurate Itemized Wage Statements; and Unfair Business Practices.[BN] The Defendants are represented by: Evan R. Moses, Esq. Melis Atalay, Esq. Austin J. Freeman, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: 213-239-9800 Facsimile: 213-239-9045 Email: evan.moses@ogletree.com melis.atalay@ogletree.com austin.freeman@ogletree.com WEIBO CORP: 2nd Cir. Affirms Dismissal of Maso Capital Suit ----------------------------------------------------------- On April 9, 2020, Mr. Charles Chao, Weibo Corporation's chairman of the board of directors, was named as a defendant in a putative securities class action lawsuits filed in the U.S. against another U.S. public company in connection with a management buyout, which concern Mr. Chao in his capacity as a director of this public company and as an officer of a buyer group member. (Maso Capital Investments Limited et al v. E-House (China) Holdings Limited et al, No. 1:20-cv-02943-ER (S.D.N.Y.). The court dismissed plaintiffs’ amended complaint on September 29, 2021, and judgment was entered in favor of defendants on February 8, 2022. The judgment was subsequently affirmed by the United States Court of Appeals for Second Circuit on June 10, 2024, and the mandate was issued on August 2, 2024, ending the case. The Company disclosed in a Form 20-F report for the fiscal year ended December 31, 2024 filed with the U.S. Securities and Exchange Commission that the existence of the litigation, claims, investigations and proceedings against the Company's directors and employees, even if they do not involve the company, may harm its reputation and adversely affect the trading price of our Class A ordinary shares and/or ADSs. WORLDWIDE GOLF: Reaves Files TCPA Suit in W.D. Oklahoma ------------------------------------------------------- A class action lawsuit has been filed against Worldwide Golf Shops LLC. The case is styled as Paul Reaves, individually and on behalf of a class of all persons and entities similarly situated v. Worldwide Golf Shops LLC, Case No. 5:25-cv-00453-JD (W.D. Okla., April 21, 2025). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Worldwide Golf Shop -- https://www.worldwidegolfshops.com/ -- offers full golf supplies, equipment, repairs and more.[BN] The Plaintiff is represented by: Matthew D. Alison, Esq. INDIAN AND ENVIRONMENTAL LAW GROUP, PLLC 233 South Detroit Ave., Suite 200 Tulsa, OK 74120 Phone: (918) 347-6169 Email: matthew@iaelaw.com ZOOM HEALTH LLC: Schweer Files TCPA Suit in W.D. Oklahoma --------------------------------------------------------- A class action lawsuit has been filed against Zoom Health LLC. The case is styled as Kathleen Schweer, individually and on behalf of all others similarly situated v. Zoom Health LLC, Case No. 5:25-cv-00454-JD (W.D. Okla., April 21, 2025). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Zoom for Healthcare -- https://www.zoom.com/en/industry/healthcare/ -- offers physicians, pharma-biotech, and healthcare providers a secure telehealth platform for virtual care, collaboration, and innovation.[BN] The Plaintiff is represented by: Andrew Roman Perrong, Esq. PERRONG LAW LLC 2657 Mt. Carmel Ave Glenside, PA 19038 Phone: (215) 225-5529 Fax: (888) 329-0305 Email: a@perronglaw.com - and - Matthew D. Alison, Esq. INDIAN AND ENVIRONMENTAL LAW GROUP, PLLC 233 South Detroit Ave., Suite 200 Tulsa, OK 74120 Phone: (918) 347-6169 Email: matthew@iaelaw.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2025. All rights reserved. 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