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250522.mbx C L A S S A C T I O N R E P O R T E R Thursday, May 22, 2025, Vol. 27, No. 102 Headlines 90 DEGREE BENEFITS: Fails to Protect Personal Info, Johnson Says AGILON HEALTH: Continues to Defend Securities Class Suit in Texas AMAZON.COM INC: Extension of Class Cert Briefing Deadline Sought AMAZON.COM.: Parties Must Submit Class Settlement Update by June 6 AMERICAN HONDA: Morales Suit Seeks Rule 23 Class Certification ANTHROPIC PBC: Seeks to Maintain Class Cert Docs Under Seal ARAMARK: Continues to Defend Securities Class Suit in Georgia ATKORE INC: Continues to Defend Coles Securities Class Suit in Ill. ATKORE INC: Continues to Defend PVC Pipe Antitrust Class Suit ATKORE INC: Continues to Defend Westchester Putnam Securities Suit AUTOZONE PARTS: Gale Suit Removed to W.D. Washington AVALANCHE CONSTRUCTION: Class Suit Seeks Unpaid Wages for Workers AVIS BUDGET: Artificially Inflated Stock Price, Merriam Suit Claims AXIS HOSPITALITY: Class Cert Hearing in Murillo Continued to June 4 BAYMARK HEALTH: Fails to Secure Personal, Health Info, Neely Says BBBB BONDING: Filing Date for Class Cert Bid Modified to Nov. 14 BETTERHELP INC: C.M. Seeks to File Class Cert Docs Under Seal BETTERHELP INC: C.M. Suit Seeks to Certify Class & Subclasses BIOAGE LABS: Continues to Defend Securities Class Suit in Calif. BIRCHBOX INC: Faces Hippe Suit Over Blind-Inaccessible Online Store BROOKDALE SENIOR: Class Settlement to be Heard on July 9 C&S LOGISTICS: Penn Suit Removed to E.D. California C-STORE SERVICES: Hernandez Files Suit in Cal. Super. Ct. CAPITAL ONE: To Settle 360 Savings Account Class Acton for $425MM CARTER FENCE: Solis Suit Seeks Unpaid Overtime for Fence Installers CERNER CORP: Fails to Secure Personal, Health Info, Page Says CHARLOTTE-MECKLENBURG HOSPITAL: Roberts Appeals Suit Dismissal CLEO AI INC: Moss Suit Removed to W.D. Washington COMPASS DIVERSIFIED: Faces Augenbaum Suit Over Stock Price Drop COMPASS GROUP: Faces Moreno Class Suit Over Stock Price Drop COMPLETE PAYROLL: Connors Files Suit in D. Massachusetts CROCS RETAIL: Hunthausen Suit Removed to C.D. California CROWDVEST LLC: Court Extends Time to File Class Cert Bid DAVITA INC: Fails to Secure Personal, Health Info, Pearson Says DENCO CONSTRUCTION: Bid to Certify Class Referred to Mag. Judge DENCO CONSTRUCTION: Perez Suit Seeks Conditional Collective Status DISH NETWORK: Lingam Appeals Securities Suit Dismissal to 10th Cir. DISTRICT OF COLUMBIA: Barnes Seeks to Clarify Counsel Appointment DONALD TRUMP: Seeks to File Additional Supplemental Declarations DOT TRANSPORTATION: Must File Supplemental Opposition by June 13 ELON R. MUSK: Securities Class Suit Opt-Out Deadline Set for July 8 ENDUE INC: Fails to Secure Personal, Health Info, Healy Says EWC FRANCHISOR: Hedges Seeks Equal Website Access for the Blind FEDEX GROUND: Proposed Class Cert. Bids Briefing OK'd FLOWERLAND NYC: Faces Jones Suit Over Blind-Inaccessible Website GENERAC HOLDINGS: Continues to Defend Consolidated Consumer Suit GENERAC HOLDINGS: Continues to Defend Consumer Class Suit in Fla. GENERAC HOLDINGS: Continues to Defend Oakland County Class Suit GENERAC HOLDINGS: Continues to Defend Walling Securities Class Suit GENERAL PLUMBING: Website Inaccessible to the Blind, Vega Says GOODRX INC: C&H Pharmacy Suit Transferred to D. Rhode Island GOOGLE LLC: Curley Seeks Initial OK of $12.5M Class Settlement Deal GORES HOLDINGS: $17.5MM Class Settlement to be Heard on July 15 GRAND CANYON EDUCATION: Ogdon Class Suit Trial Still Not Set GRAND CANYON EDUCATION: Smith and Wang Suit Trial Still Not Set HANA ENTERPRISES: Faces Silva Wage-and-Hour Suit in Florida HAND AND STONE: Layne Seeks Equal Website Access for the Blind HASBRO INC: Continues to Defend WPBFPPF Securities Class Suit HEALTH NUTS: Website Inaccessible to Blind Users, Alexandria Says HENRY SCHEIN: Court Dismisses Alta Vista Regional's Class Suit HOBBS LONDON: Pittman Sues Over Blind's Equal Access to Website HOMETOWN AMERICA: Plaintiffs Must Oppose Bid to Strike by June 6 HORIZON OPPORTUNITIES: Fails to Protect Personal Info, Smith Says ICF TECHNOLOGY: Seeks Denial of Tomasello Class Cert. Bid INGERSOLL-RAND: Class Discovery in Bowman Suit Extended to July 7 INTERNATIONAL BUSINESS: Burgard Seeks Pre-Motion Conference Sched INTERSTATE PARKING: Discloses Drivers' Personal Info, Donelson Says J.J.F. MANAGEMENT: Lamb Files Suit in D. Maryland JET LIMOUSINES: McGhee Suit Seeks to Prohibit Arbitration Deal JMJ ENTERPRISES: Wade Seeks Clarification of Court Order KALEIDA HEALTH: Seeks Discovery Plan & Case Management Order KELSIER VENTURES: Hurlock Suit Removed to S.D. New York KEUTEK LLC: Martinez Files ADA Suit in S.D. New York KINECTA FEDERAL CREDIT: Santamaria Files Suit in Cal. Super. Ct. KNOT WORLDWIDE: Faces MHA Suit Over Fake Lead Generating Services LAUREL GROCERY: Eversole Sues Over Mass Layoffs w/out Prior Notice LEGENDS OWO: Website Inaccessible to the Blind, Trippett Claims LIVEPERSON INC: Damri Appeals Securities Suit Dismissal to 2nd Cir. LUCID GROUP: Continues to Defend Securities Class Suit in Calif. MARICOPA AMBULANCE: Fails to Properly Pay Paramedics, Todd Alleges MASIMO CORP: Vasquez Class Suit Mediation Set for May 28 MATTHEW DAUS: $140M Class Settlement in Nnebe Gets Final Nod MDL 2873: Transfer of 3 Suits to AFFF Product Liability Row Denied MDL 2873: Two Suits Consolidated in AFFF Product Liability Row MDL 3010: Google Has Until May 23 to File Bid to Seal Filings MDL 3035: Employee Retirement Plan Suit Seeks Class Certification MENTOR TECHNICAL: Ortiz Suit Removed to S.D. California MERRILL LYNCH: July 11 Stock Loan Class Action Opt-Out Deadline Set MONEY SOURCE: Hiller Suit Seeks to Certify Rule 23 Class NAPCO SECURITY: Faces Patel Suit Over Drop of Securities Price NEW CIBO: Faces Move Suit Over Mislabeled Probiotic Products NEWPORT GROUP: Alexander Suit Seeks Class Status NEWPORT GROUP: Carmichael Suit Seeks Class Status NEWPORT GROUP: Jackson Seeks Class Certification NEWPORT GROUP: Russ Retirement Plan Suit Seeks Class Certification O. REA & SONS: Breached Employment Contracts, Enrique-Garcia Says POP FOODS: Faces Minauri Suit Over Wage & Hour Law Violations POWERHOME TECHNOLOGIES: Landy Files Bid for Class Certification POWERSCHOOL GROUP: Highland Joint Suit Transferred to S.D. Cal. PROFESSIONAL FINANCE: Class Counsel Awarded $750K in Attys' Fees PURPLE INNOVATION: Continues to Defend Accessibility Suit in Minn. PURPLE INNOVATION: Continues to Defend Accessibility Suit in N.Y. PURPLE INNOVATION: Continues to Defend Labor Class Suit in Alameda PURPLE INNOVATION: Continues to Defend NOL Rights Plan Class Suit QUALITY CARRIERS: Smith Bid for Class Cert. Denied as Moot RB GLOBAL: Civil Standing Order Entered in Haxton Class Suit RESTAURANT BRANDS: Illegally Tracks Website Users, Pemberton Says ROBERT HALF: $2.25MM Class Settlement in Magallon Gets Final Nod ROBERT HALF: Plaintiffs Awarded $4M in Atty's Fees RYAN SANDERS: Faces Nunez FLSA Class Suit Over Unpaid Tips SAFE BOX: Bid for Approval of California PAGA Settlement Tossed SAIA MOTOR: Class Cert Hearing in Moore Suit Continued to July 18 SAMSUNG ELECTRONICS: Asrak Suit Removed to C.D. California SCALE AI INC: Agape Files Suit in Cal. Super. Ct. SEAWORLD PARKS: $1.25M Class Settlement in Coppel Gets Initial Nod SHOALS TECHNOLOGIES: Continues to Defend Securities Class Suit SIMMONS UNIVERSITY: Liable to Leaked Students' Info, Doe Says SOUTH DAKOTA: Court Dismisses Irvine Suit SSR MINING: Continues to Defend Consolidated Securities Class Suit ST. ANDREW'S RESOURCES: Barnett Suit Removed to E.D. Missouri STARBUCKS CORPORATION: Avila Suit Removed to C.D. California STILL HERE: Website Inaccessible to the Blind, Agostini Alleges STYLIST'S OWN: Website Inaccessible to the Blind, Agostini Alleges SUN ENERGY: Filing for Class Cert Bid Due June 27 SUNRUN INC: Class Cert. Bid in Banks Suit Due May 28, 2026 SUNRUN INC: Class Cert. Bid in Strickland Suit Due Feb. 26, 2026 SUWANNEE VALLEY: Filing of Class Cert Bid Due Sept. 1 SWEEPSTEAKES LTD: Faces Hall Suit Over Illegal Gambling Operation TAKEDA PHARMACEUTICAL: Delays Competition for Dexilant, Suit Claims TC HEARTLAND: Dismissal of Plaintiff Desoto Sought TENNESSEE GAS: Class Cert Bid Filing Amended to August 29 THINSLIM FOODS: Martinez Files ADA Suit in S.D. New York THOMAS JEFFERSON: Vincent Seeks Initial OK of Settlement TITAN FOODS: Fernandez Seeks Equal Website Access for the Blind TIVOLI ENTERPRISES: Kopeck Sues Over Disclosed Video Info to Meta TOP GOLF: Discovery Stayed Pending Class Cert Bid Resolution TOPGOLF PAYROLL: Seeks Denial of Class Certification Bid TROPICAL REALTY: Kunzman Files TCPA Suit in M.D. Florida UNILEVER UNITED: Kent Sues Over Products' Naturally Derived Label UNITED STATES: Court Junks Bid to Dismiss Murbach Suit UNITED WORLD: Website Inaccessible to the Blind, Zhang Alleges UTAH: Court Conditionally Certifies Class in Maxfield VALET KING: Arevalo Sues Over Unpaid Minimum, Overtime Wages VIATOR INC: Blind Users Can't Access Online Store, Henry Alleges WEBULL FINANCIAL: Knowles Sues Over Blind's Equal Access to Website YALE NEW: Fails to Safeguard Clients' Personal Info, Wilson Says ZTEX CONSTRUCTION: Fails to Protect Clients' Info, Ramirez Says ********* 90 DEGREE BENEFITS: Fails to Protect Personal Info, Johnson Says ---------------------------------------------------------------- RODNEY JOHNSON, individually and on behalf of all others similarly situated v. 90 DEGREE BENEFITS, INC., Case No. 2:25-cv-00687-LA (E.D. Wisc., May 12, 2025) alleges that the Defendant failed to properly secure and safeguard personally identifiable information and personal health information of Plaintiff and the Class members, including, without limitation, names, dates of birth, home addresses, phone numbers, and Social Security numbers. In the course of its operations, the Defendant is entrusted with an extensive amount of Plaintiff’s and the Class members' PII. By obtaining, collecting, using, and deriving a benefit from Plaintiff’s and Class Members' PII, Defendant assumed non-delegable legal and equitable duties to Plaintiff and the Class members, asserts the suit. On Oct. 18, 2024, an intruder gained entry to Defendant's network, accessed Plaintiff’s and the Class members’ PII, and exfiltrated information. Accordingly, the Defendant did not notify the Plaintiff and the Class members of the incident until about March 10, 2025, depriving Plaintiff and the Class Members of almost one month to protect themselves from the fallout of the Incident. The Plaintiff's and the Class members' PII that was acquired in the Data Breach Incident can be sold on the dark web. Hackers can access and then offer for sale the unencrypted, unredacted PII to criminals. Plaintiff and the Class members face a lifetime risk of identity theft. The Plaintiff's and the Class members' PII was compromised due to Defendant's negligent acts and omissions and the failure to protect Plaintiff's and the Class members' PII. The Plaintiff brings this lawsuit as a class action on behalf of himself individually and on behalf of all other similarly situated persons as a class action pursuant to Federal Rule of Civil Procedure 23(a), 23(b)(1), 23(b)(2), 23(b)(3), 23(c)(4) and 23(c)(5). The "Class” that the Plaintiff seeks to represent is defined as: -- Class "All persons in the United States whose PII was accessed and/or exfiltrated during the Data Breach Incident." -- California Subclass "All persons residing in California whose PII was accessed and/or exfiltrated during the Data Breach Incident." The Defendant and its employees or agents are excluded from the Class. The is a "third party administrator". A TPA is a company that's hired on by other companies to administer their insurance.[BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard, Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com - and - Zane C. Hedaya, Esq. Gerald D. Lane, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (754) 444-7539 E-mail: zane@jibraellaw.com gerald@jibraellaw.com AGILON HEALTH: Continues to Defend Securities Class Suit in Texas ----------------------------------------------------------------- Agilon Health Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from a securities class suit in the United States District Court for the Western District of Texas. In February and March 2024, three class action lawsuits were filed and later consolidated as one matter captioned In re agilon health, inc. Securities Litigation, 1:24-cv-00297 (W.D. Tex.) (the "Consolidated Securities Matter"). The Consolidated Securities Matter names the Company and certain current and former members of the Company's executive team and Board of Directors as defendants, among others. The Consolidated Securities Matter generally asserts securities fraud claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and under Sections 11, 12(a)(2) and 15 of the Securities Act of 1933, as amended (the "Securities Act"), in connection with statements made between April 2021 and February 2024 in the Company's annual and quarterly reports, investor presentations, and earnings releases related to, among other things, the Company's financial guidance, medical margin and Adjusted EBITDA results, growth strategy, and data management. The Consolidated Securities Matter seeks compensatory damages, judgment interest, attorney's fees and costs, and other unspecified equitable and/or injunctive relief.  The Company and other defendants filed motions to dismiss the complaint on November 8, 2024, and the motion is now fully submitted and pending before the Court. The Company intends to vigorously oppose the complaint, but is unable to predict the outcome or estimate any ultimate individual or aggregate amount of monetary liability or financial impact due to the early stages of the litigation. Headquartered in Austin, TX, Agilon Health, Inc is a healthcare and technology company that acts as an intermediary between physician groups that provide medical services to senior citizens and Medicare and Medicare Advantage insurers.[BN] AMAZON.COM INC: Extension of Class Cert Briefing Deadline Sought ---------------------------------------------------------------- In the class action lawsuit captioned as CHRISTOPHER BROWN, et al., v. AMAZON.COM, INC., a Delaware corporation, Case No. 2:22-cv-00965-JHC (W.D. Wash.), the Parties ask the Court to enter an order extending the current class certification briefing deadlines as follows: Applicable Filing Proposed Deadline Plaintiffs' Motion for Class Sept. 15, 2025 Certification: Amazon's Opposition to Plaintiffs' Motion Dec. 15, 2025 for Class Certification: Plaintiffs' Reply ISO Class Certification: Feb. 16, 2026 Hearing on Motion for Class Certification: To be set by the Court after briefing completed Amazon.com is engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Parties' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=OTMd0A at no extra charge.[CC] The Plaintiffs are represented by: Steve W. Berman, Esq. Barbara A. Mahoney, Esq. Anne F. Johnson, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Second Avenue, Suite 2000 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 E-mail: steve@hbsslaw.com barbaram@hbsslaw.com annej@hbsslaw.com - and - Zina G. Bash, Esq. Jessica Beringer, Esq. Shane Kelly, Esq. Alex Dravillas, Esq. Roseann Romano, Esq. KELLER POSTMAN LLC 111 Congress Avenue, Suite 500 Austin, TX, 78701 Telephone: (512) 690-0990 E-mail: zina.bash@kellerpostman.com Jessica.Beringer@kellerpostman.com shane.kelly@kellerpostman.com ajd@kellerpostman.com roseann.romano@kellerpostman.com - and - Alicia Cobb, Esq. Steig D. Olson, Esq. David D. LeRay, Esq. Nic V. Siebert, Esq. Maxwell P. Deabler-Meadows, Esq. Adam B. Wolfson, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 1109 First Avenue, Suite 210 Seattle, WA 98101 Telephone: (206) 905-7000 E-mail: aliciacobb@quinnemanuel.com steigolson@quinnemanuel.com davidleray@quinnemanuel.com nicolassiebert@quinnemanuel.com maxmeadows@quinnemanuel.com adamwolfson@quinnemanuel.com The Defendant is represented by: John A. Goldmark, Esq. MaryAnn Almeida, Esq. DAVIS WRIGHT TREMAINE LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 Telephone: (206) 622-3150 Facsimile: (206) 757-7700 E-mail: SteveRummage@dwt.com JohnGoldmark@dwt.com MaryAnnAlmeida@dwt.com - and - Karen L. Dunn, Esq. William A. Isaacson, Esq. Amy J. Mauser, Esq. Meredith Dearborn, Esq. Yotam Barkai, Esq. Kyle Smith, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 2001 K Street, NW Washington, DC 20006-1047 Telephone: (202) 223-7300 Facsimile: (202) 223-7420 E-mail: kdunn@paulweiss.com wisaacson@paulweiss.com amauser@paulweiss.com ksmith@paulweiss.com mgoodman@paulweiss.com mdearborn@paulweiss.com ybarkai@paulweiss.com AMAZON.COM.: Parties Must Submit Class Settlement Update by June 6 ------------------------------------------------------------------ In the class action lawsuit captioned as VACCARO v. AMAZON.COM.DEDC, LLC, Case No. 3:18-cv-11852 (D.N.J., Filed July 19, 2018), the Hon. Judge Georgette Castner entered an order directing the parties to submit an update regarding the status of settlement and/or the parties' proposal for the scheduling of the next stages of the case, including setting a deadline for Plaintiff to file a renewed motion for Rule 23 class certification, by June 6, 2025. The nature of suit states Labor Litigation. The Defendant retails auto parts. The Company offers towing mirrors, air suspension, retainer clips kits, and wheel chocks.[CC] AMERICAN HONDA: Morales Suit Seeks Rule 23 Class Certification -------------------------------------------------------------- In the class action lawsuit captioned as JOSE ELIAS MORALES AGUIRRE, on behalf of himself and other similarly situated, v. AMERICAN HONDA MOTOR CORPORATION, INC., Case No. 4:22-cv-06909-HSG (N.D. Cal.), the Plaintiff, on Dec. 18, 2025, at 2:00 p.m., will move for class certification pursuant to Rules 23(a), 23(b)(2), 23(b)(3), and/or 23(c)(4) of the Federal Rules of Civil Procedure for an order: (i) certifying the proposed Class; (ii) appointing Plaintiff as representative of the Class; and, (iii) appointing Jordan L. Lurie and Ari Y. Basser of Pomerantz LLP, and Robert L. Starr of the Law Offices of Robert L. Starr as counsel for the Class. The Plaintiff seeks to certify the following Rule 23(b)(2), 23(b)(3) and 23(c)(4) Classes: For Rule 23(b)(2) and 23(c)(4) Relief: "All current and former owners and lessees of AHM vehicles registered in the State of California (California Class) and/or registered in the States of Connecticut, Maine, Massachusetts, New Jersey, New York, Rhode Island, and Vermont (Section. 177 Class) from 2010 to the present and (1) whose vehicles’ California Emissions Warranty does not include coverage for the head gasket, and (2) whose vehicles, at the time of head gasket diagnosis and/or replacement, did not exceed 15 years or 150,000 miles." For Rule 23(b)(3) Relief: "All current and former owners and lessees of AHM vehicles registered in the State of California (California Reimbursement Class) and/or registered in the States of Connecticut, Maine, Massachusetts, New Jersey, New York, Rhode Island, and Vermont (Section 177 Reimbursement Class) from 2010 to the present and (1) whose vehicles’ California Emissions Warranty does not include coverage for the head gasket, (2) whose vehicles, at the time of head gasket diagnosis and/or replacement, did not exceed 15 years or 150,000 miles, and (3) who paid out-of-pocket to diagnose and/or replace the head gasket." Excluded from the Class are: (a) the Defendant, and its subsidiaries and affiliates, its current and former officers, directors, and employees (and members of their immediate families) and the legal representatives, heirs, successors or assigns of any of the foregoing; (b) any governmental entity; and, (c) any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff. American Honda is the North American subsidiary of Japanese Honda Motor Company. A copy of the Plaintiff's motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=QQWnPc at no extra charge.[CC] Ari Y. Basser, Esq. Jordan L. Lurie, Esq. POMERANTZ LLP 1100 Glendon Avenue 15th Floor Los Angeles, CA 90024 Telephone: (310) 432-8492 E-mail: jllurie@pomlaw.com abasser@pomlaw.com - and - Robert L. Starr, Esq. THE LAW OFFICE OF ROBERT L. STARR 23901 Calabasas Road, Suite 2072 Calabasas, CA 91302 Telephone: (818) 225-9040 Facsimile: (818) 225-9042 E-mail: robert@starrlaw.com - and - Manny Starr, Esq. Adam Rose, Esq. FRONTIER LAW CENTER 23901 Calabasas Road, #2074 Calabasas, CA 91302 Telephone: (818) 914-3433 E-mail: manny@frontierlawcenter.com adam@frontierlawcenter.com ANTHROPIC PBC: Seeks to Maintain Class Cert Docs Under Seal ----------------------------------------------------------- In the class action lawsuit captioned as ANDREA BARTZ, ANDREA BARTZ, INC., CHARLES GRAEBER, KIRK WALLACE JOHNSON, and MJ + KJ, INC., individually and on behalf of others similarly situated, v. ANTHROPIC PBC, Case No. 3:24-cv-05417-WHA (N.D. Cal.), the Defendant asks the Court to enter an order maintaining under seal certain documents, and portions thereof, that are the subject of the Plaintiffs' administrative motion to consider whether another Party's material should be sealed, including the Plaintiffs' reply in support of class certification, the declaration of Jacob S. Miller in support of the Plaintiffs' reply in support of class certification , and Miller Decl. Exhibits 40-47, 49 and 50. These documents reflect and reveal highly confidential, nonpublic Anthropic business and technical information, the Defendant says. Anthropic requests that this information be sealed so that it remains confidential for the reasons detailed in the Declaration of Jessica Gillotte in Support of Defendant Anthropic PBC's Administrative Motion to Seal and as set forth in the Proposed Order, which is narrowly tailored to seal only the sealable material, and which lists in table format each document or portion thereof that is sought to be sealed, and also attaches proposed redacted versions of each document sought to be sealed in part. Anthropic is an AI safety and research company based in San Francisco. A copy of the Defendants' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=zb8MGp at no extra charge.[CC] The Plaintiffs are represented by: Rachel Geman, Esq. Jacob S. Miller, Esq. Wesley Dozier, Esq. Anna Freymann, Esq. Reilly T. Stoler, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Telephone: (212) 355-9500 E-mail: rgeman@lchb.com jmiller@lchb.com delmasry@lchb.com dhutchinson@lchb.com rstoler@lchb.com wdozier@lchb.com afreymann@lchb.com - and - Justin A. Nelson, Esq. Alejandra C. Salinas, Esq. Collin Fredricks, Esq. Rohit D. Nath, Esq. Jordan W. Connors, Esq. J. Craig Smyser, Esq. SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002-5096 Telephone: (713) 651-9366 E-mail: jnelson@susmangodfrey.com asalinas@susmangodfrey.com cfredricks@susmangodfrey.com RNath@susmangodfrey.com jconnors@susmangodfrey.com csmyser@susmangodfrey.com - and - Scott J. Sholder, Esq. CeCe M. Cole, Esq. COWAN DEBAETS ABRAHAMS & SHEPPARD LLP 60 Broad Street, 30th Floor New York, NY 10010 Telephone: (212) 974-7474 E-mail: sshoulder@cdas.com ccole@cdas.com The Defendant is represented by: Douglas A. Winthrop, Esq. Joseph Farris, Esq. Jessica L. Gillotte, Esq. Estayvaine Bragg, Esq. Angel T. Nakamura, Esq. Oscar Ramallo, Esq. Allyson Myers, Esq. ARNOLD & PORTER KAYE SCHOLER LLP Three Embarcadero Center, 10th Floor San Francisco, CA 94111-4024 Telephone: (415) 471-3100 Facsimile: (415) 471-3400 E-mail: Douglas.Winthrop@arnoldporter.com Joseph.Farris@arnoldporter.com Jessica.Gillotte@arnoldporter.com Estayvaine.Bragg@arnoldporter.com Angel.Nakamura@arnoldporter.com Oscar.Ramallo@arnoldporter.com Ally.Myers@arnoldporter.com - and - Joseph R. Wetzel, Esq. Andrew M. Gass, Esq. LATHAM & WATKINS LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 391-0600 E-mail: joe.wetzel@lw.com andrew.gass@lw.com - and - Mark Lemley, Esq. LEX LUMINA LLP 700 S. Flower Street, Suite 1000 Los Angeles, CA 90017 Telephone: (213) 600-6063 E-mail: mlemley@lex-lumina.com ARAMARK: Continues to Defend Securities Class Suit in Georgia ------------------------------------------------------------- Aramark disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from securities class suit in the United States District Court for the Northern District of Georgia. On May 17, 2024, a purported shareholder of Vestis, the Company's former Uniform segment that was spun-off from Aramark in September 2023, commenced a putative class action lawsuit against Vestis and certain of its officers in the United States District Court for the Northern District of Georgia on behalf of purchasers of Vestis' common stock between October 2, 2023 and May 1, 2024. The complaint alleges claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, based on allegedly false or misleading statements generally related to Vestis’ business and operations, pricing practices, and financial results and outlook. The lawsuit seeks unspecified damages and other relief. On November 22, 2024, the complaint was amended to add the Company and its Chief Executive Officer as additional defendants. The Company intends to vigorously defend this matter. Aramark is a leading global provider of food and facilities services to education, healthcare, business & industry and sports, leisure & corrections clients. ATKORE INC: Continues to Defend Coles Securities Class Suit in Ill. ------------------------------------------------------------------- Atkore Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from the Coles securities class suit in the United States District Court for the Northern District of Illinois. In the second quarter of fiscal 2025, the Company and certain of its current and former officers were named as defendants in a putative securities class action lawsuit under the caption Coles v. Atkore Inc. et al (N.D. Ill 1:25-cv-02686). The complaint asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10(b)(5) promulgated thereunder, based on disclosures about the Company's business, operations, and prospects, which were allegedly false or misleading based on the allegations in the antitrust matters described above. The complaints seek damages in an unspecified amount on behalf of all shareholders who purchased shares during the class period. The Company believes there are defenses, both factual and legal, to the allegations in this proceeding, and the Company plans to vigorously defend the case. Based in Illinois, Atkore, Inc. manufactures electrical products and tubes that are used in a variety of construction applications. Its common stock trades on the New York Stock Exchange under the ticker symbol "ATKR." [BN] ATKORE INC: Continues to Defend PVC Pipe Antitrust Class Suit ------------------------------------------------------------- Atkore Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from the PVC Pipe Antitrust class suit in the United States District Court for the Northern District of Illinois. In the fourth quarter of fiscal 2024, the Company has been named a defendant in several putative class action lawsuits, consolidated under the caption In re: PVC Pipe Antitrust Litigation (N.D. Ill. 24-cv-07639), seeking injunctive and monetary relief on behalf of both direct and indirect purchasers of PVC water pipe and PVC conduit. The suits generally allege anticompetitive conduct related to the price of PVC pipes sold in the United States between approximately 2021 and the present. Specifically, the complaints allege that the defendant PVC pipe manufacturers improperly shared otherwise confidential information through their contribution of information to, and readership of, a weekly report called "PVC & Pipe Weekly" published by defendant Oil Price Information Service, LLC, as well as through direct communications with each other. The complaints claim that this conspiracy violated Section 1 of the Sherman Act and certain state laws. All cases are pending in federal court for the Northern District of Illinois. The Company believes there are defenses, both factual and legal, to the allegations in these various proceedings and the Company plans to vigorously defend itself. Based in Illinois, Atkore, Inc. manufactures electrical products and tubes that are used in a variety of construction applications. Its common stock trades on the New York Stock Exchange under the ticker symbol "ATKR." [BN] ATKORE INC: Continues to Defend Westchester Putnam Securities Suit ------------------------------------------------------------------ Atkore Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from the Westchester Putnam Counties labor class suit in the United States District Court for the Northern District of Illinois. In the second quarter of fiscal 2025, the Company and certain of its current and former officers were named as defendants in a putative securities class action lawsuit under the captions Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefits Fund v. Atkore Inc. et al (N.D. Ill 1:25-cv-01851). The complaint asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10(b)(5) promulgated thereunder, based on disclosures about the Company's business, operations, and prospects, which were allegedly false or misleading based on the allegations in the antitrust matters described above. The complaints seek damages in an unspecified amount on behalf of all shareholders who purchased shares during the class period. The Company believes there are defenses, both factual and legal, to the allegations in this proceeding, and the Company plans to vigorously defend the case. Based in Illinois, Atkore, Inc. manufactures electrical products and tubes that are used in a variety of construction applications. Its common stock trades on the New York Stock Exchange under the ticker symbol "ATKR." [BN] AUTOZONE PARTS: Gale Suit Removed to W.D. Washington ---------------------------------------------------- The case captioned as Kodey Gale, individually and on behalf of all others similarly situated v. AUTOZONE PARTS, INC., a foreign profit corporation doing business as AUTOZONE; and DOES 1-20, as yet unknown Washington entities, Case No. 25-2-10970-4 SEA was removed from the King County Superior Court for the State of Washington, to the United States District Court for the Western District of Washington on May 9, 2025, and assigned Case No. 2:25-cv-00881. The Plaintiff alleges putative class members are entitled to damages for noncompliant meal and rest periods, overtime wages, double damages, and attorneys' fees.[BN] The Plaintiff is represented by: Timothy W. Emery, Esq. Patrick B. Reddy, Esq. Paul Cipriani Jr., Esq. Hannah M. Hamley, 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 hannah@emeryreddy.com The Defendants are represented by: Adam T. Pankratz, Esq. Kristofer T. Noneman, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 1201 Third Avenue, Suite 5150 Seattle, WA 98101 Phone: (206) 693-7057 Facsimile: (206) 693-7058 Email: adam.pankratz@ogletree.com kristofer.noneman@ogletree.com AVALANCHE CONSTRUCTION: Class Suit Seeks Unpaid Wages for Workers ----------------------------------------------------------------- KEVIN MARTINEZ and HECTOR MARTINEZ, on behalf of themselves and all other similarly situated v. AVALANCHE CONSTRUCTION GROUP INC, A & P QUALITY CONSTRUCTION INC, ARTUR WILK, LHOTSE CORP. d/b/a TRIDENT CONTRACTING, LHOTSE CONTRACTING CORP., and ZBIGNIEW CHRZANOWSKI a/k/a ZIBBY CHRZANOWSKI, Case No. 1:25-cv-03980-MMG (S.D.N.Y., May 12, 2025) seeks to recover unpaid wages and unpaid overtime wages pursuant to the Fair Labor Standards Act of 1938 and the New York Labor Law. The Defendants employ various construction workers to perform construction work around New York City, primarily in Manhattan. The Plaintiffs, the FLSA Collective Plaintiffs, and the Class Members are all construction workers employed by Defendants to work on Defendants' various commercial and residential construction jobs in Manhattan. Specifically, the Plaintiffs, the FLSA Collective Plaintiffs, and the Class Members, performed construction work at the following buildings in Manhattan: 608 Fifth Avenue, 640 Fifth Avenue, 888 7th Avenue, 330 W 34th Street, 1 Park Avenue, 139 W 32nd Street, 1350 Broadway, 150 E 58th Street, and 600 Madison Avenue. Mr. Kevin Martinez was employed by the Defendants from July 2020, until middle of August 2024, while Mr. Hector Martinez was employed from January 2022 until the middle of August 2024.[BN] The Plaintiff is represented by: David Harrison, Esq. HARRISON, HARRISON & ASSOCIATES 110 State Highway 35, 2nd Floor Red Bank, NJ 07701 Telephone: (718) 799-9111 E-mail: dharrison@nynjemploymentlaw.com AVIS BUDGET: Artificially Inflated Stock Price, Merriam Suit Claims ------------------------------------------------------------------- SHANE MERRIAM, individually and on behalf of all others similarly situated, Plaintiff v. AVIS BUDGET GROUP, INC., JOSEPH A. FERRARO, and IZILDA P. MARTINS, Defendants, Case No. 2:25-cv-03332 (D.N.J., April 25, 2025) is a class action against the Defendants for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. According to the complaint, the Defendants made materially false and misleading statements regarding Avis Budget's business, operations, and prospects in order to trade Avis Budget securities at artificially inflated prices between February 16, 2024, and February 10, 2025. Specifically, the Defendants made false and/or misleading statements and/or failed to disclose that: (i) Avis Budget crafted and implemented a plan to significantly accelerate its fleet rotation in the fourth quarter of 2024; (ii) the foregoing acceleration shortened the useful life of the majority of the company's vehicles in the Americas segment, thereby reducing their recoverable value; (iii) as a result, Avis Budget would be forced to recognize billions of dollars in impairment charges and incur substantial losses; (iv) all the foregoing was likely to, and did, have a significant negative impact on the company's financial results; (v) accordingly, Avis Budget's financial and/or business prospects were overstated; and (vi) as a result, the Defendants' public statements were materially false and misleading at all relevant times. When the truth emerged, Avis Budget's stock price fell $6.12 per share, or 6.82 percent, to close at $83.59 per share on February 11, 2025. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the company's securities, the Plaintiff and Class members have suffered significant losses and damages. Avis Budget Group, Inc. is a provider of car and truck rentals, car sharing, and ancillary products and services, headquartered in Parsippany, New Jersey. [BN] The Plaintiff is represented by: Thomas H. Przybylowski, Esq. Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (917) 463-1044 Email: tprzybylowski@pomlaw.com jalieberman@pomlaw.com ahood@pomlaw.com AXIS HOSPITALITY: Class Cert Hearing in Murillo Continued to June 4 ------------------------------------------------------------------- In the class action lawsuit captioned as JERSON MURILLO, individually and on behalf of all others similarly situated, et al., v. AXIS HOSPITALITY CONSTRUCTION, LLC, et al., Case No. 1:24-cv-01764-AJT-IDD (E.D. Va.), the Hon. Judge Anthony Trenga entered an order continuing hearing for Plaintiffs' Motion to Certify Class, to June 4, 2025, at 10:00 a.m. in Courtroom 900. Axis is a leading hotel renovation company. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=lc0CNc at no extra charge.[CC] BAYMARK HEALTH: Fails to Secure Personal, Health Info, Neely Says ----------------------------------------------------------------- MEGAN NEELY, individually and on behalf of all others similarly situated v. BAYMARK HEALTH SERVICES, INC., Case No. 4:25-cv-00500-SDJ (E.D. Tex., May 12, 2025) arises out of the Defendant BayMark's failures to properly secure, safeguard, encrypt, and/or timely and adequately destroy Plaintiff' and Class Members' sensitive personal identifiable information that it had acquired and stored for its business purposes. Accordingly, the failure to secure and monitor its network resulted in a September 2024 data breach ("Data Breach") of highly sensitive documents and information stored on the computer network of BayMark, an organization that provides medical treatment and/or employment to individuals, including Plaintiff and Class Members. The Defendant's data security failures allowed a targeted cyberattack in or about September 2024 to compromise Defendant's network that contained personally identifiable information (PII) and protected health information of the Plaintiffs and other individuals. According to a notice BayMark sent to the Department of Health and Human Services Office for Civil Rights on Jan. 8, 2025, as of that date it was only able to include a "placeholder" of having affected "3,170 individuals." To-date, BayMark has not provided the actual number of affected individuals to HHS. According to a notice on its website, the Defendant confirmed that a "data privacy incident" occurred on its network on Sept. 24, 2024. The Defendant's website notice states: "We immediately took steps to secure our systems, launched an investigation with the assistance of third-party forensic experts, and notified law enforcement. Our investigation determined that an unauthorized party accessed some of the files on BayMark's systems between September 24, 2024 and October 14, 2024. We then initiated a review and analysis of those files." Despite learning of the Data Breach on Oct. 11, 2024, and determining that Private Information was involved in the breach on, the Defendant did not begin sending notices of the Data Breach until May 2, 2025. The Private Information compromised in the Data Breach included certain personal or protected health information of current and former employees and patients, including Plaintiff. This Private Information included, but is not limited to: Social Security numbers, driver's license numbers, dates of birth, services received, dates of service, insurance information, treating providers, and treatment and/or diagnostic information. Ms. Neely is and was an individual citizen of the State of Texas, residing in the city of Joshua (Johnson County). She received notice of the Data Breach dated May 2, 2025. BayMark provides medication-assisted treatment for substance use disorders helping individuals on their path to recovery. The BayMark offers opioid treatment programs, office-based opioid treatment, outpatient & inpatient withdrawal management, residential treatment services, and mental health services.[BN] The Plaintiff is represented by: Jarrett L. Ellzey, Esq. Leigh S. Montgomery, Esq. EKSM, LLP 4200 Montrose Blvd, Suite 200 Houston, TX 77006 Telephone: (888) 350-3931 E-mail: jellzey@eksm.com - and - Gary E. Mason, Esq. Danielle L. Perry, Esq. MASON LLP 5335 Wisconsin Avenue, NW, Suite 640 Washington, DC 20015 Telephone: (202) 429-2290 E-mail: gmason@masonllp.com dperry@masonllp.com BBBB BONDING: Filing Date for Class Cert Bid Modified to Nov. 14 ---------------------------------------------------------------- In the class action lawsuit captioned as Benton v. BBBB Bonding Corp., et al., Case No. 2:24-cv-01294 (E.D. Cal., Filed May 3, 2024), the Hon. Judge Dena M. Coggins entered an order modifying the Scheduling Order as follows: -- Fact discovery shall be completed by: June 10, 2026 -- Expert disclosures shall be completed May 8, 2026 by: -- Rebuttal expert disclosures shall June 5, 2026 be completed by: -- Expert discovery shall be completed by: July 3, 2026 -- A Joint Mid-Litigation Statement Nov. 21, 2025 shall be filed by: -- Plaintiff's Motion for Class Nov. 14, 2025 Certification shall be filed by: The suit alleges violation of the Fair Labor Standards Act (FLSA).[CC] BETTERHELP INC: C.M. Seeks to File Class Cert Docs Under Seal ------------------------------------------------------------- In the class action lawsuit captioned as C.M. v. BetterHelp, Inc. (RE BETTERHELP, INC. DATA DISCLOSURE CASE), Case No. 3:23-cv-01033-RS (N.D. Cal.), the Plaintiff asks the Court to enter an order granting administrative motion to consider whether another Party's material should be sealed in connection with the filing of the Plaintiffs' motion for class certification. The Plaintiffs reserve the right to assert that BetterHelp has not met its burden to maintain these documents under seal. Pursuant to the terms of the Protective Order, Plaintiffs submit this Motion to the Court for a determination as to whether the foregoing materials should be filed under seal. BetterHelp is a mental health platform that provides direct online counseling and therapy services via web or phone text communication. A copy of the Plaintiff's motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=FyZe99 at no extra charge.[CC] The Plaintiff is represented by: Gary. M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and - Christina Tusan, Esq. HAMMONDLAW, P.C. 1201 Pacific Ave, Suite 600 Tacoma, WA 98402 Telephone: (310) 601-6766 Facsimile: (310) 295-2385 E-mail: ctusan@hammondlawpc.com - and - Maureen M. Brady, Esq. MCSHANE & BRADY 4006 Central Street Kansas City, MO 64111 Telephone: (816) 888-8010 E-mail: mbrady@mcshanebradylaw.com - and - Alan M. Mansfield, Esq. WHATLEY KALLAS LLP 1 Sansome Street, 35th Floor San Francisco, CA 94104 Telephone: (619) 308-5034 Facsimile: (888) 341-5048 E-mail: amansfield@whatleykallas.com BETTERHELP INC: C.M. Suit Seeks to Certify Class & Subclasses ------------------------------------------------------------- In the class action lawsuit captioned as C.M., v. BetterHelp, Inc. (RE BETTERHELP, INC. DATA DISCLOSURE CASES), Case No. 3:23-cv-01033-RS (N.D. Cal.), the Plaintiff, on Aug. 28, 2025, will move Court for an order certifying the following class and subclasses: Nationwide Class: "All individuals residing in the United States who, during the period beginning Jan. 1, 2017, and continuing through March 7, 2023, completed the BetterHelp Intake Questionnaire and provided BetterHelp with their email address." Nationwide User Subclass: "All individuals residing in the United States who, during the Class Period, completed the BetterHelp Intake Questionnaire, provided BetterHelp with their email address, and paid BetterHelp for services." California Subclass: "All individuals residing in California who, during the Class Period, completed the BetterHelp Intake Questionnaire and provided BetterHelp with their email address." The Plaintiffs ask the Court to certify the Nationwide Class to seek relief under Counts I-IV, VI-VII, & XI, the Nationwide Users Subclass for Count V, and the California Subclass for Counts VIII & X of the FACC pursuant to Rule 23(b)(3). The Plaintiffs further ask the Court to appoint all Plaintiffs as Nationwide Class and Nationwide Users Subclass representatives and to appoint T.R and Jane Doe III as California Subclass representatives, and to appoint Gary. M. Klinger, Christina Tusan, Maureen M. Brady, and Alan M. Mansfield as counsel for the proposed class and subclasses defined above. The Plaintiff challenges the Defendant BetterHelp's uniform practice of secretly implementing pixels, web beacons, and other online tracking technologies ("Tracking Tools") that collected and disclosed personal information that the Plaintiffs and other consumers shared with BetterHelp. BetterHelp is a mental health platform that provides direct online counseling and therapy services via web or phone text communication. A copy of the Plaintiff's motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Cy2Pls at no extra charge.[CC] The Plaintiff is represented by: Gary. M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and - Christina Tusan, Esq. HAMMONDLAW, P.C. 1201 Pacific Ave, Suite 600 Tacoma, WA 98402 Telephone: (310) 601-6766 Facsimile: (310) 295-2385 E-mail: ctusan@hammondlawpc.com - and - Maureen M. Brady, Esq. MCSHANE & BRADY 4006 Central Street Kansas City, MO 64111 Telephone: (816) 888-8010 E-mail: mbrady@mcshanebradylaw.com - and - Alan M. Mansfield, Esq. WHATLEY KALLAS LLP 1 Sansome Street, 35th Floor San Francisco, CA 94104 Telephone: (619) 308-5034 Facsimile: (888) 341-5048 E-mail: amansfield@whatleykallas.com BIOAGE LABS: Continues to Defend Securities Class Suit in Calif. ---------------------------------------------------------------- BioAge Labs, Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from a securities class suit in the United States District Court for the Northern District of California. On January 7, 2025, a securities class action lawsuit was commenced in the United States District Court, Northern District Court of California, naming the Company, the Company's directors and certain of the Company's officers as defendants, and alleging violations of the Securities Act of 1933 in connection with allegedly false and misleading statements made by the defendants in connection with the Company's initial public offering. The plaintiff seeks to represent a class comprised of purchasers of the Company's common stock purchased pursuant and/or traceable to the Company's initial public offering and seeks damages, costs and expenses and such other relief as determined by the Court. The Company believes it has meritorious defenses and intends to defend the lawsuit vigorously. It is possible that similar lawsuits may yet be filed in the same or other courts that name the same or additional defendants. BioAge Labs, Inc. operates as a clinical-stage biopharmaceutical company. The Company develops therapeutic product candidates for metabolic diseases, su BIRCHBOX INC: Faces Hippe Suit Over Blind-Inaccessible Online Store ------------------------------------------------------------------- XINYUE HIPPE, individually and on behalf of all others similarly situated, Plaintiff v. BIRCHBOX, INC., Defendant, Case No. 2:25-cv-00596 (E.D. Wis., April 25, 2025) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act, declaratory relief, and negligent infliction of emotional distress. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://www.birchbox.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of their online goods, content, and services offered to the public through the website. The accessibility issues on the website include but not limited to: changing of content without advance warning, inaccurate heading hierarchy, inadequate focus order, the lack of navigation links, unclear labels for interactive elements, incorrectly formatted lists, and the requirement that transactions be performed solely with a mouse. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually impaired individuals. Birchbox, Inc. is a company that sells online goods and services in Wisconsin. [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 Email: Dreyes@ealg.law BROOKDALE SENIOR: Class Settlement to be Heard on July 9 -------------------------------------------------------- UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION PATRICIA TEMPLIN, Derivatively on behalf of Brookdale Senior Living Inc., Plaintiff, v. LUCINDA M. BAIER, T. ANDREW SMITH, STEVEN E. SWAIN, MARCUS E. BROMLEY, FRANK M. BUMSTEAD, JACKIE M. CLEGG, DANIEL A. DECKER, RITA JOHNSON-MILLS, JEFFREY R. LEEDS, MARK J. PARRELL, WILLIAM G. PETTY, JR., GUY P. SANSONE, JAMES R. SEWARD, DENISE W. WARREN, LEE S. WIELANSKY, VICTORIA L. FREED, and JORDAN R. ASHER, Defendants, and BROOKDALE SENIOR LIVING INC., a Delaware Corporation, Nominal Defendant. Civil Action No.: 3:21-cv-00373 Judge Aleta A. Trauger SUMMARY NOTICE OF PROPOSED DERIVATIVE SETTLEMENT TO: ALL CURRENT RECORD HOLDERS AND BENEFICIAL OWNERS OF THE COMMON STOCK OF BROOKDALE SENIOR LIVING, INC. ("BROOKDALE" OR THE "COMPANY") AS OF APRIL 30, 2025 ("CURRENT BROOKDALE SHAREHOLDERS") YOU ARE HEREBY NOTIFIED, pursuant to the May 6, 2025 Preliminary Approval Order entered in the above-captioned shareholder derivative action (the "Action"), that a Stipulation and Agreement of Settlement dated April 30, 2025 (the "Stipulation" or "Settlement") has been entered to resolve all shareholder derivative claims pending on behalf of nominal defendant Brookdale pending in the Action. The Action alleges that the Individual Defendants breached their fiduciary duties to Brookdale by causing Brookdale to understaff its communities and to misrepresent the level of care provided, advertised, promoted, and promised to residents. The Action alleges that this alleged intentional understaffing of Brookdale's senior living communities breached the Company's residency agreements and caused Brookdale residents to suffer harm. The Action further alleges that the Individual Defendants breached their fiduciary duties by disseminating materially false or misleading information to Brookdale shareholders through Brookdale's filings with the Securities and Exchange Commission and other public statements and disclosures. The Action also alleges that the Individual Defendants are liable for waste of corporate assets and unjust enrichment because they allegedly paid excessive and unwarranted compensation, bonuses, and termination payments to certain of its executive officers and directors while in breach of their fiduciary duties; awarded self-interested stock options to certain officers and directors as a result thereof; and incurred potentially millions of dollars of legal liability and/or legal costs to defend Defendants' unlawful actions. In connection with, and conditioned upon, the Settlement, Brookdale has agreed to implement and/or maintain corporate governance reforms, as defined and set forth in Exhibit A to the Stipulation. The Reforms are designed to enhance and improve Brookdale's governance systems, as well as the effectiveness and responsiveness of Brookdale's Board of Directors. The Defendants dispute the allegations in the Action and entered into the Stipulation and Settlement without in any way acknowledging any fault, liability, or wrongdoing of any kind. On July 9, 2025, at 1:00 p.m., in Courtroom 6C of the United States Courthouse located at 719 Church Street, Nashville, Tennessee 37203, the Court will hold a hearing (the "Settlement Hearing") in the Action. The purpose of the Settlement Hearing is to determine, pursuant to Federal Rule of Civil Procedure 23.1: (i) whether the terms of the Settlement are fair, reasonable, and adequate and should be approved; (ii) whether the Notice and Summary Notice fully satisfied the requirements of Federal Rule of Civil Procedure 23.1 and the requirements of due process; (iii) whether a final judgment should be entered; (iv) whether the agreed-to Fee and Expense Amount of $1,900,000.00, as well as Service Awards, should be approved; and (v) such other matters as the Court may deem necessary or proper under the circumstances. The Court may: (i) approve the Settlement, with such modifications as may be agreed to by counsel for the Settling Parties consistent with such Settlement, without further notice to Current Brookdale Shareholders; and (ii) continue or adjourn the Settlement Hearing from time to time, by oral announcement at the hearing or at any adjournment thereof, without further notice to Current Brookdale Shareholders. PLEASE READ THIS SUMMARY NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU ARE A CURRENT BROOKDALE SHAREHOLDER, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THE ACTION. This is a summary notice only. For additional information about the claims asserted in the Action and the terms of the proposed Settlement, please refer to the documents filed with the Court in the Action, or the Stipulation and the full-length Notice of Proposed Derivative Settlement and of Settlement Hearing (the "Notice") available on the "Investor Relations" section of Brookdale's website (www.brookdaleinvestors.com/home/default.aspx). PLEASE DO NOT CONTACT THE COURT REGARDING THIS SUMMARY NOTICE. If you have any questions about matters in this Summary Notice, you may contact Plaintiff's Counsel, Michael I. Fistel, Jr. of Johnson Fistel, PLLP at: Murray House, 40 Powder Springs Street, Marietta, Georgia 30064 in writing, or by telephone. All Current Brookdale Shareholders will be bound by the Order and Final Judgment of the Court granting final approval of the Settlement, if the court enters the Order and Final Judgment. Any objections to the Settlement must be filed on or before June 11, 2025, in accordance with the procedures set forth in the Notice, or they shall be deemed waived. DATED: May 6, 2025 BY ORDER OF THE UNITED STATES DISTRICT COURT OF THE MIDDLE DISTRICT OF TENNESSEE C&S LOGISTICS: Penn Suit Removed to E.D. California --------------------------------------------------- The case captioned as Shameka Penn, on behalf of herself, all others similarly situated, and on behalf of the general public v. C&S LOGISTICS OF SACRAMENTO/TRACY LLC; C&S WHOLESALE GROCERS, LLC; and DOES 1-100, Case No. 25CV006647 was removed from the Superior Court of the State of California in and for the County of Sacramento, to the United States District Court for the Eastern District of California on May 9, 2025, and assigned Case No. 2:25-cv-01332-JDP. On April 4, 2025, Plaintiff filed her putative First Amended Class Action Complaint for Damages, Injunctive Relief, Declaratory Relief, and Restitution (the "FAC"). The Plaintiff's FAC alleges 8 purported causes of action for: failure to pay all straight time wages; failure to pay all overtime wages; failure to provide meal periods; failure to authorize and permit rest periods; failure to comply with itemized employee wage statement provisions; failure to pay all wages due at the time of termination of employment; unfair competition; and violation of the California Labor Code Private Attorneys General Act ("PAGA").[BN] The Defendants are represented by: Matthew C. Kane, Esq. Amy E. Beverlin, Esq. Kerri H. Sakaue, Esq. BAKER & HOSTETLER LLP 1900 Avenue of the Stars, Suite 2700 Los Angeles, CA 90067-4508 Phone: 310.820.8800 Facsimile: 310.820.8859 Email: mkane@bakerlaw.com abeverlin@bakerlaw.com ksakaue@bakerlaw.com - and - Sylvia J. Kim, Esq. BAKER & HOSTETLER LLP Transamerica Pyramid 600 Montgomery Street, Suite 3100 San Francisco, CA 94111-2806 Phone: 415.659.2600 Facsimile: 415.659.2601 Email: sjkim@bakerlaw.com C-STORE SERVICES: Hernandez Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against C-Store Services, Inc. The case is styled as Eddie Hernandez, on behalf of himself and others similarly situated v. C-Store Services, Inc., Case No. 25STCV13759 (Cal. Super. Ct., Los Angeles Cty., May 9, 2025). The case type is stated as "Other Employment Complaint Case (General Jurisdiction)." C-Store Services, Inc. operate retail gasoline service stations along with convenience and grocery stores under the well-recognized brands, Extra Mile and Power Market.[BN] The Plaintiff is represented by: Joseph Lavi, Esq. LAVI & EBRAHIMIAN, LLP 8889 W Olympic Blvd., Ste. 200 Beverly Hills, CA 90211-3638 Phone: 310-432-0000 Fax: 310-432-0001 Email: jlavi@lelawfirm.com CAPITAL ONE: To Settle 360 Savings Account Class Acton for $425MM ----------------------------------------------------------------- UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION IN RE: CAPITAL ONE 360 SAVINGS ACCOUNT INTEREST RATE LITIGATION Civil Action No. 1:24-MD-03111-DJN JOINT NOTICE OF CLASS ACTION SETTLEMENT TERMS Pursuant to the Court's April 22, 2025 Order, Plaintiffs and Defendants Capital One, N.A. and Capital One Financial Corporation ("Capital One," and together with Plaintiffs, the "Parties") jointly notify the Court of the agreed-upon terms of the settlement reached to resolve this litigation on a classwide basis. The Parties are continuing to negotiate and finalize a formal settlement agreement, which will be filed with Plaintiffs' motion seeking preliminary approval by June 6, 2025. The terms of the settlement agreed upon to date are as follows: 1. Settlement Class Definition. The settlement class shall consist of the persons or entities who maintained a Capital One 360 Savings account at any time during the class period (i.e., from September 18, 2019, through and including the date on which the Court enters a preliminary approval order), including joint and co-holders of 360 Savings accounts, as reflected in the class list to be generated by Capital One. Excluded from the settlement class are (i) Capital One, any entity in which Capital One has a controlling interest, and Capital One's officers, directors, legal representatives, successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial officer presiding over the action and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly opts out of the settlement class. 2. Benefits for Settlement Class Members. The total settlement amount is $425 million, consisting of two components. a. The first component is that Capital One shall pay $300 million, to be used to make pro rata payments to settlement class members relative to the approximate amount of interest each settlement class member would have earned if their 360 Savings account(s) had paid the interest rate then applicable to the 360 Performance Savings account. b. The second component consists of $125 million, which will be paid by Capital One as additional interest payments to settlement class members who continue to maintain 360 Savings accounts (presently approximately 3/4 of the settlement class). In order to accomplish such additional interest payments, Capital One shall maintain an interest rate on the 360 Savings account of at least two times the national average rate for savings deposit accounts as calculated by the FDIC. Such additional interest shall be calculated as the difference between (i) the total amount of interest Capital One pays to current 360 Savings accountholders, which will be paid at a rate of at least two times the national average rate for savings deposit accounts as calculated by the FDIC, following execution of a formal settlement agreement and (ii) the total amount of interest Capital One would have paid to such accountholders during the same time period had it paid the national average rate for savings deposit accounts as calculated by the FDIC. 3. Attorneys' Fees, Expenses, and Service Awards. Plaintiffs shall file applications with the Court seeking reasonable attorneys' fees, expenses, and service awards which, if approved, shall be paid out of the settlement. 4. Notice and Administration. A settlement administrator shall be appointed to provide Court-approved notice to the settlement class, effectuate payments, and carry out other administrative tasks to be set forth in the formal settlement agreement. Costs of notice and administration shall be paid out of the settlement. 5. Release. Upon the effective date of the settlement, Capital One will receive a complete release from Plaintiffs and settlement class members (except any who timely and validly exclude themselves from the settlement class) to the fullest extent permitted by law. 6. Dismissal with Prejudice. Promptly after the effective date of the settlement, the Court shall dismiss with prejudice all claims, actions, and proceedings that are released per the terms of the formal settlement agreement (including all cases consolidated in this MDL). 7. Agreement Subject to Court Approval. The forthcoming settlement agreement, class notice plan, and all other aspects of the settlement are subject to approval by the Court. 8. Non-Exhaustive Terms. The terms set forth above are not exhaustive, and additional material settlement terms will be presented in the formal settlement agreement to be filed with the Court. 9. No Admission of Wrongdoing or Infirmity of Claims. The terms herein have been agreed upon for the sole purpose of attempting to consummate a settlement of this litigation on a classwide basis. The proposed settlement compromises claims which are contested in good faith, and it shall not be deemed an admission by any of the Parties as to the merits or weakness of any claim or defense. Dated: May 16, 2025 Counsel for the Settlement Class Representatives: Chet B. Waldman, Esq. Carl L. Stine, Esq. Philip M. Black, Esq. Matthew Insley-Pruitt, Esq. Timothy D. Brennan, Esq. WOLF POPPER LLP 845 Third Avenue 12th Floor New York, NY 10022 cwaldman@wolfpopper.com cstine@wolfpopper.com pblack@wolfpopper.com minsley-pruitt@wolfpopper.com tbrennan@wolfpopper.com Matthew B. Kaplan, Esq. THE KAPLAN LAW FIRM 1100 North Glebe Road Suite 1010 Arlington, VA 22201 (703) 665-9529 mbkaplan@thekaplanlawfirm.com Counsel for Defendants Capital One, N.A. and Capital One Financial Corporation: David L. Balser, Esq. John C. Toro, Esq. Robert D. Griest, Esq. Jeffrey D. Miles, Esq. Mandi E. Youngblood, Esq. KING & SPALDING LLP 1180 Peachtree Street, N.E. Suite 1600 Atlanta, GA 30309 Tel: (404) 572-4600 dbalser@kslaw.com jtoro@kslaw.com rgriest@kslaw.com jmiles@kslaw.com myoungblood@kslaw.com Jamie Dycus, Esq. Jackie L. Fugitt, Esq. KING & SPALDING LLP 1185 Avenue of the Americas 34th Floor New York, NY 10036 Tel.: (212) 556-2100 jdycus@kslaw.com jfugitt@kslaw.com I. Cason Hewgley IV, Esq. KING & SPALDING LLP 1100 Louisiana Suite 4100 Houston, TX 77002 Tel.: (713) 751-3200 chewgley@kslaw.com Bryan A. Fratkin, Esq. MCGUIREWOODS LLP 800 East Canal Street Richmond, VA 23219 Tel.: (804) 775-1000 Fax: (804) 775-1061 bfratkin@mcguirewoods.com John S. Moran, Esq. MCGUIREWOODS LLP 888 16th Street N.W. Suite 500 Washington, DC 20006 Tel.: (202) 828-2817 Fax: (202) 828-3327 jmoran@mcguirewoods.com CARTER FENCE: Solis Suit Seeks Unpaid Overtime for Fence Installers ------------------------------------------------------------------- FRANCISCO SOLIS, on behalf of himself and all others similarly situated, Plaintiff v. CARTER FENCE COMPANY, INC., KENNETH CARTER, and KYLE CARTER, Defendants, Case No. 2:25-cv-00343 (M.D. Fla., April 28, 2025) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Plaintiff worked for the Defendants as a fence installer from approximately November 14, 2022, to January 14, 2025. Carter Fence Company, Inc. is a construction company based in Naples, Florida. [BN] The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, PA 9100 S. Dadeland Blvd., Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 Email: zep@thepalmalawgroup.com CERNER CORP: Fails to Secure Personal, Health Info, Page Says ------------------------------------------------------------- MATTHEW R. PAGE, individually and on behalf of all others similarly situated v. CERNER CORPORATION D/B/A ORACLE HEALTH, INC. and UNION HEALTH SYSTEM, INC., Case No. :25-cv-354 (W.D. Mo., May 12, 2025) arises out of the Defendants' failures to implement reasonable and industry standard data security practices to properly secure, safeguard, and adequately destroy the Plaintiff and Class Members' sensitive personal identifiable information that it had acquired and stored for its business purposes. Oracle's data security failures allowed a targeted cyberattack to compromise the networks of Defendants (the "Data Breach") that contained personally identifiable information and protected health information of Plaintiff and other individuals. The Data Breach occurred sometime after Jan. 22, 2025, and Oracle sent letters to notify Plaintiff and Class Members on April 21, 2025. The Private Information compromised in the Data Breach included certain personal or protected health information of individuals whose Private Information was maintained by, the Defendants, including Plaintiff. Oracle is a healthcare software-as-a-service (SaaS) company offering electronic health record (EHR) and business operations systems to hospitals and healthcare organization. Union Health is a health care provider in Indiana and Oracle is a third-party electronic health records vendor that provides data migration services to Union Health. Union Health provided Plaintiff's and Class Members' Private Information to Defendant Oracle in connection with receiving legal services.[BN] The Plaintiff is represented by: John F. Garvey, Esq. Colleen Garvey, Esq. Ellen Thomas, Esq. STRANCH, JENNINGS & GARVEY, PLLC 701 Market Street, Suite 1510 St. Louis, MO 63101 Telephone: (314) 390-6750 E-mail: jgarvey@stranchlaw.com cgarvey@stranchlaw.com ethomas@straanchlaw.com - and - J. Gerard Stranch, IV, Esq. Grayson Well, Esq. STRANCH, JENNINGS, & GARVEY, PLLC 223 Rosa Parks Ave. Suite 200 Nashville, TN 37203 Telephone: 615/254-8801 Facsimile: 615/255-5419 E-mail: gstranch@stranchlaw.com gwells@stranchlaw.com - and - Ken Grunfeld, Esq. KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT One West Law Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 E-mail: grunfeld@kolawyers.com CHARLOTTE-MECKLENBURG HOSPITAL: Roberts Appeals Suit Dismissal -------------------------------------------------------------- JULIE ROBERTS, et al. are taking an appeal from a court order dismissing their lawsuit entitled Julie Roberts, et al., individually and on behalf of and all others similarly situated, Plaintiffs, v. Charlotte-Mecklenburg Hospital Authority, d/b/a Atrium Health, Defendant, Case No. 3:24-cv-00382-KDB-SCR, in the U.S. District Court for the Western District of North Carolina. As previously reported in the Class Action Reporter, the lawsuit seeks legal redress for the Defendant's conscious decision to install tracking technologies on its website to collect its patients' personal health information and disclose that highly sensitive information to third party platforms like Facebook and Google without consent. On Aug. 26, 2024, the Defendant filed motions to dismiss for failure to state a claim and lack of jurisdiction. On Mar. 20, 2025, Judge Kenneth D. Bell entered an Order granting the Defendant's motion to dismiss for failure to state a claim as to the Electronic Communications Privacy Act of 1986 (ECPA) claim and denying without prejudice as to the unjust enrichment claim and the other state law claims. The Defendant's motion to dismiss for lack of jurisdiction was also granted. The appellate case is entitled Julie Roberts v. Charlotte-Mecklenburg Hospital Authority, Case No. 25-1420, in the United States Court of Appeals for the Fourth Circuit, filed on April 21, 2025. [BN] Plaintiffs-Appellants JULIE ROBERTS, et al., individually and on behalf of all others similarly situated, are represented by: David S. Almeida, Esq. Britany A. Kabakov, Esq. ALMEIDA LAW GROUP 849 West Webster Avenue Chicago, IL 60614 Telephone: (708) 529-5418 - and – Andrew Ready Tate, Esq. PEIFFER WOLF CARR KANE CONWAY & WISE LLP 235 Peachtree Street NE Atlanta, GA 30303 Telephone: (404) 282-4806 - and – David Matthew Wilkerson, Esq. VAN WINKLE LAW FIRM 11 North Market Street P.O. Box 7376 Asheville, NC 28802 Telephone: (828) 258-2991 - and – Brandon M. Wise, Esq. PEIFFER WOLF CARR KANE CONWAY & WISE LLP One US Bank Plaza St. Louis, MO 63101 Telephone: (314) 833-4827 Defendant-Appellee CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY, d/b/a Atrium Health, is represented by: Jordan Timms DeJaco, Esq. Jonathan C. Krisko, Esq. ROBINSON BRADSHAW & HINSON, PA 600 South Tryon Street Charlotte, NC 28202 Telephone: (704) 377-8339 (704) 377-2536 - and – Preetha Suresh Rini, Esq. ROBINSON, BRADSHAW & HINSON, P.A. 434 Fayetteville Street Raleigh, NC 27601 Telephone: (919) 328-8820 CLEO AI INC: Moss Suit Removed to W.D. Washington ------------------------------------------------- The case captioned as Terrence Moss, individually, on behalf of all others similarly situated, and on behalf of the general public v. CLEO AI INC., Case No. 25-2-11162-8 SEA was removed from the Superior Court of the State of Washington, County of King, to the United States District Court for the Western District of Washington on May 9, 2025, and assigned Case No. 2:25-cv-00879. In the State Court Action, Plaintiff has alleged the following claims for relief: Violations of the Military Lending Act (the "MLA"), and Violations of the Truth in Lending Act (the "TILA").[BN] The Plaintiff is represented by: Deborah M. Nelson, Esq. Jeffrey D. Boyd, Esq. NELSON BOYD, PLLC 601 Union Street, Suite 2600 Seattle, Washington 98101 Email: nelson@nelsonboydlaw.com boyd@nelsonboydlaw.com - and - Randall K. Pulliam, Esq. CARNEY BATES & PULLIAM, PLLC One Allied Drive, Suite 1400 Little Rock, AR 72207 Email: rpulliam@cbplaw.com - and - Joshua Jacobson, Esq. JACOBSON PHILLIPS, PLLC 2277 Lee Road, Ste. B Winter Park, FL 32789 Email: joshua@jacobsonphillips.com The Defendants are represented by: John S. Devlin, III, Esq. BALLARD SPAHR LLP 1420 Fifth Avenue, Suite 4200 PO Box 91302 Seattle, WA 98111-9402 Phone: 206-223-7000 Fax: 206-223-7107 Email: devlinj@ballardspahr.com - and - Allyson Baker, Esq. Meredith Boylan, Esq. Sameer P. Sheikh, Esq. PAUL HASTINGS LLP 2050 M Street, NW Washington, DC 20036 Phone: (202) 551-1700 Facsimile: (202) 551-1705 Email: allysonbaker@paulhastings.com meredithboylan@paulhastings.com sameersheikh@paulhastings.com COMPASS DIVERSIFIED: Faces Augenbaum Suit Over Stock Price Drop --------------------------------------------------------------- TODD AUGENBAUM, individually and on behalf of all others similarly situated v. COMPASS DIVERSIFIED HOLDINGS, COMPASS GROUP DIVERSIFIED HOLDINGS LLC, COMPASS GROUP MANAGEMENT LLC, ELIAS J. SABO, RYAN J. FAULKINGHAM, and STEPHEN KELLER, Case No. 8:25-cv-01003 (C.D. Cal., May 12, 2025) is a federal securities class action brought on behalf of all purchasers of publicly traded Compass securities between May 1, 2024 and May 7, 2025, both dates inclusive, seeking remedies under the Exchange Act. On Sept. 7, 2021, Compass announced the acquisition of a majority interest in Lugano, a designer, manufacturer, and marketer of high-end jewelry, in a deal with an enterprise value of $256 million (excluding working capital and certain other adjustments upon closing). Based in Newport Beach, California, Lugano designs and manufactures unique jewelry for the luxury goods market. Lugano conducts sales via its own retail salons as well as pop-up showrooms at Lugano-hosted or sponsored events in partnership with organizations in the equestrian, art, and philanthropic communities. The acquisition substantially increased the management fees paid by Compass to CGM (and thus the Individual Defendants). For example, the fees paid to CGM in 2022 (the first full year after the acquisition) equaled nearly $63 million, compared to approximately $35 million in 2020. Beginning in 2024, Lugano began purchasing inventory from a vendor who is a related party to Lugano through one of the executive officers of Lugano. That same year, Lugano sales growth accelerated. For the fiscal year ended December 31, 2024, net revenue attributable to Lugano grew by more than $162 million year-over-year, accounting for over 21% of the Company's total net sales -- approximately double the proportion of Company sales attributable to Lugano just two years previously. For fiscal 2024, Lugano also accounted for over 57% of Compass’s total operating income, making the business the most profitable among all Company businesses. The strong sales at Lugano contributed to nearly $75 million in 2024 management fees paid to defendant CGM (which flowed through to the Individual Defendants), a significant increase compared to prior years. 19. On May 7, 2025, Compass announced that its 2024 financial statements should no longer be relied upon. The Company stated that an ongoing investigation into Lugano had identified "irregularities in Lugano's non-CODI financing, accounting, and inventory practices." Compass also stated that Moti Ferder, founder and CEO of Lugano, had been terminated. As a result of these disclosures, Compass's stock price declined by $10.70 per share, or 62%, on May 8, 2025, on abnormally high trading volume, inflicting substantial financial losses and economic damages on plaintiff and other members of the Class. Plaintiff Todd Augenbaum purchased Compass securities during the Class Period and suffered damages as a result. The Compass Diversified Holdings is a publicly traded Delaware statutory trust, the purpose of which is to hold 100% of the limited liability interests of defendant Compass Group Diversified Holdings LLC. Defendant Compass Group Diversified Holdings LLC is a holding company used to house the various operating companies that form the business of Compass. The Defendant Compass Group Management LLC is the manager for Compass. Compass pays management fees to CGM, which includes the compensation paid to Compass's executive management, all of whom are employees of CGM. Pursuant to the Management Services Agreement applicable in 2024, Compass paid CGM a quarterly management fee equal to 0.5% (2% annually) of its consolidated adjusted net assets. The Individual Defendants are officers of the company.[BN] The Plaintiff is represented by: Brian E. Cochran, Esq. Samuel H. Rudman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: bcochran@rgrdlaw.com srudman@rgrdlaw.com - and - Jeffrey S. Abraham, Esq. ABRAHAM, FRUCHTER & TWERSKY, LLP 450 Seventh Avenue, 38th Floor New York, NY 10123 Telephone: (212) 279-5050 Facsimile: (212) 279-3655 COMPASS GROUP: Faces Moreno Class Suit Over Stock Price Drop ------------------------------------------------------------ NICHOLAS MORENO, individually and on behalf of all others similarly situated v. COMPASS GROUP DIVERSIFIED HOLDINGS LLC, ELIAS J. SABO, RYAN J. FAULKINGHAM, STEPHEN KELLER, and PATRICK MACIARIELLO, Case No. 3:25-cv-00758 (D. Conn., May 12, 2025) is a federal securities class action on behalf of all investors who purchased or otherwise acquired Compass' securities between May 1, 2024, to May 7, 2025, inclusive, seeking to recover damages caused by the Defendants' violations of the federal securities laws. On Sept. 7, 2021, Compass acquired all of the issued and outstanding shares of Lugano Diamonds & Jewelry, Inc., a California luxury jewelry company, for an enterprise value of $256 million. Compass has stated that bringing Lugano, "a trusted jewelry advisor" into the Company's portfolio of niche-branded consumer subsidiaries “has a sustainable business model capable of generating significant revenues and growth in both the near and long-term." Throughout the Class Period, the Defendants provided these overwhelmingly positive statements to investors while, at the same time, disseminating materially false and/or misleading statements, as well as concealing material adverse facts about Compass’ financial reporting. Specifically, the Defendants failed to disclose to investors that Compass lacked effective internal controls over its financial reporting; that Compass failed to disclose critical information regarding Lugano which kept undisclosed financing arrangements and exhibited irregularities in its sales, cost of sales, inventory and accounts receivable; and that, as a result of the foregoing, the Defendants' positive statements about the Company's financial reporting were materially misleading. The truth emerged on May 7, 2025, after the market closed, the Company announced that its financial statements for fiscal 2024 could no longer be relied upon due to an ongoing internal investigation into its subsidiary, Lugano Holding, Inc. Specifically, Compass reported that its Audit Committee launched an investigation over "concerns about how Lugano was potentially financing inventory." Further, the Company announced that it intends to delay the filing of its first quarter 2025 Form 10-Q. Also on May 7, 2025, the Company revealed that Lugano’s founder and CEO, Moti Ferder, resigned from all his Lugano positions and "will not receive any severance compensation." Additionally, Compass appointed Josh Gaynor, as interim CEO at Lugano. Investors and analysts reacted immediately to Compass' revelation. The price of Compass' common stock declined dramatically. From a closing market price of $17.25 per share on May 7, 2025, to $6.55 per share on May 8, 2025. The Plaintiff purchased Compass's common stock at artificially inflated prices during the Class Period and was damaged upon the revelation of the Defendants' fraud. Compass is a private equity firm specializing in add on acquisitions, buyouts, industry consolidation, recapitalization, late stage, and middle market investments.[BN] The Plaintiff is represented by: Shannon L. Hopkins, Esq. LEVI & KORSINSKY, LLP 1111 Summer Street, Suite 403 Stamford, CT 06905 Telephone: (203) 992-4523 Facsimile: (212) 363-7171 E-mail: shopkins@zlk.com - and - Adam M. Apton, Esq. LEVI & KORSINSKY, LLP 33 Whitehall Street, 17th Floor New York, NY 10004 Telephone: (212) 363-7500 Facsimile: (212) 363-7171 E-mail: aapton@zlk.com COMPLETE PAYROLL: Connors Files Suit in D. Massachusetts -------------------------------------------------------- A class action lawsuit has been filed against Complete Payroll Solutions, LLC. The case is styled as James Connors, individually and on behalf of all others similarly situated v. Complete Payroll Solutions, LLC, Case No. 3:25-cv-11281-LTS (D. Mass., May 9, 2025). The nature of suit is stated as Other P.I. for Personal Injury. Complete Payroll -- https://www.completepayrollsolutions.com/ -- offers payroll services, HR software, time & attendance management & tax services for small & mid-size employers.[BN] The Plaintiff is represented by: Randi A. Kassan, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Phone: (516) 741-5600 Fax: (516) 741-0128 Email: rkassan@milberg.com CROCS RETAIL: Hunthausen Suit Removed to C.D. California -------------------------------------------------------- The case captioned as Drew Hunthausen, individually and on behalf of all others similarly situated v. CROCS RETAIL, LLC, a COLORADO entity, d/b/a WWW.CROCS.COM, Case No. 25STCV09809 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 May 9, 2025, and assigned Case No. 2:25-cv-04199. The Plaintiff's Complaint brings two causes of action against Defendant for violations of California's False Advertising Law and California's Consumers Legal Remedies Act. The Plaintiff purports to bring a class action on behalf of himself and "all persons who purchased one or more of Defendant's products from Defendant's Website while in California within the statute of limitations period at a purported discount from a higher reference price."[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 Email: sferrell@pacifictrialattorneys.com vknowles@pacifictrialattorneys.com The Defendants are represented by: Alex Terepka, Esq. WATSTEIN TEREPKA LLP 515 South Flower Street, 19th Floor Los Angeles, CA 90071 Phone: (213) 839-1137 Email: alex@wtlaw.com CROWDVEST LLC: Court Extends Time to File Class Cert Bid -------------------------------------------------------- In the class action lawsuit captioned as Johnson v. Crowdvest LLC, Case No. 2:24-cv-01293 (E.D. Wisc., Filed Oct. 10, 2024), the Hon. Judge J. P. Stadtmueller entered an order granting unopposed motion to extend time to file motion for class certification. The Plaintiff shall move for default judgment and class certification on or before July 11, 2025. The suit alleges violation of the Telephone Consumer Protection Act (TCPA). Crowdvest is a commercial real estate investment firm.[CC] DAVITA INC: Fails to Secure Personal, Health Info, Pearson Says --------------------------------------------------------------- BRENDA PEARSON, individually and on behalf of all others similarly situated v. DAVITA, INC., a Delaware corporation, Case No. 1:25-cv-01488 (D. Colo., May 12, 2025) is a class action lawsuit on behalf of all persons who entrusted the Defendant with sensitive Personally Identifiable Information and Protected Health Information that was impacted in a data breach that Defendant publicly disclosed on April 12, 2025. The Plaintiff's claims arise from the Defendant's failure to properly secure and safeguard Private Information that was entrusted to it, and its accompanying responsibility to store and transfer that information. On April 12, 2025, the Defendant became aware of a ransomware incident on its IT Network. Upon detection, the Defendant activated its response protocols and implemented containment measures. The Defendant also launched an investigation to assess and remediate the incident with the assistance of third-party cybersecurity experts to determine the nature and scope of the incident. On April 25, 2025, Interlock ransomware group claimed responsibility for the data breach and claimed to possess at least 1.5 terabytes of information stored by the Defendant including nearly 700,000 files containing sensitive patient data, user account information, insurance details, and financial records. The Plaintiff seeks to remedy these harms and prevent any future data compromise on behalf of herself and all similarly situated persons whose personal data was compromised and stolen as a result of the Data Breach and who remain at risk due to the Defendant's inadequate data security practices. The Defendant is a leading provider of kidney care services in the United States, offering dialysis and related services to patients with chronic kidney failure and end-stage renal disease through a network of outpatient centers. Defendant is headquartered in Denver, Colorado.[BN] The Plaintiff is represented by: Jeffrey A. Berens, Esq. JOHNSON FISTEL, PLLP 2373 Central Park Blvd, Suite 100 Denver, CO 80238 Telephone: (303) 861-1764 E-mail: jeffb@johnsonfistel.com - and - Eduard Korsinsky, Esq. Melissa G. Meyer, Esq. LEVI & KORSINSKY, LLP 33 Whitehall Street, 17th Floor New York, NY 10004 Telephone: (212) 363-7500 Facsimile: (212) 363-7171 E-mail: ek@zlk.com mmeyer@zlk.com DENCO CONSTRUCTION: Bid to Certify Class Referred to Mag. Judge --------------------------------------------------------------- In the class action lawsuit captioned as Perez, et al., v. Denco Construction LLC, et al., Case No. 1:24-cv-02766 (D. Colo., Filed Oct. 7, 2024), the Hon. Judge Regina M. Rodriguez entered an order referring third motion to certify Fair Labor Standards Act (FLSA) Collective to Magistrate Judge N. Reid. The suit alleges violation of the (FLSA). Denco is a full service General Contracting firm specializing in the underground sector.[CC] DENCO CONSTRUCTION: Perez Suit Seeks Conditional Collective Status ------------------------------------------------------------------ In the class action lawsuit captioned as WILMAR PEREZ et al., v. DENCO CONSTRUCTION LLC. et al., Case No. 1:24-cv-02766-RMR-NRN (D. Colo.), the Plaintiffs ask the Court to enter an order: 1. Conditionally certifying a collective action under 29 U.S.C. section 216(b) and defining the class as: "All construction workers who worked on or after Oct. 7, 2021 who worked for Defendants who were not paid overtime at time and one half their hourly rate for work performed after 40 hours in a given week"’ 2. Approving the Notice and Consent to Join form (attached as Exhibit 1 to the declaration of Jacob Aronauer); 3. Approving the text message to the potential FLSA Collective (attached as Exhibit 2 to the declaration of Jacob Aronauer; 4. Directing the Plaintiffs to deliver the notice and consent form to all potential collective action members via E-mail; 5. Directing the Plaintiffs to deliver the notice and consent to join form to all potential collective action members via first-class U.S. Mail; 6. Directing the Defendants to post the Notice and Consent to Join form, in English and Spanish, in conspicuous places in their place of business for a period of 60 days; 7. Directing the Defendants to include a copy of the Notice and Consent to Join form, in English and Spanish, in two consecutive pay envelopes of all putative collective action members currently employed by Defendants; 8. Directing the Defendants to produce the names, e-mail addresses, cell phone numbers, mailing addresses and dates of employment of all potential class members within 14 days of the Court's order so that Plaintiffs may disseminate the Notice and Consent to Join form in a timely fashion; and 9. Directing the putative class members shall have 60 days from the date Plaintiffs disseminate the Notice in which to opt-in to the action. Denco is a full service General Contracting firm specializing in the underground sector. A copy of the Plaintiffs' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=BIXF6x at no extra charge.[CC] The Plaintiffs are represented by: Jacob Aronauer, Esq. THE LAW OFFICES OF JACOB ARONAUER 250 Broadway, Suite 600 New York, NY 10007 Telephone: (212) 323-6980 E-mail: jaronauer@aronauerlaw.com DISH NETWORK: Lingam Appeals Securities Suit Dismissal to 10th Cir. ------------------------------------------------------------------- SAI NAVEEN LINGAM, et al. are taking an appeal from a court order dismissing their lawsuit entitled Sai Naveen Lingam, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. Dish Network Corporation, et al., Defendants, Case No. 1:23-CV-00734-GPG-KAS, in the U.S. District Court for the District of Colorado. On March 23, 2023, a securities fraud class action complaint was filed against the Defendants in the United States District Court for the District of Colorado. The complaint was brought on behalf of a putative class of purchasers of Dish Network's securities during the February 22, 2021 to February 27, 2023 class period. In general, the complaint alleged that Dish Network's public statements during that period were false and misleading and contained material omissions, because they did not disclose that it allegedly maintained a deficient cybersecurity and information technology infrastructure, were unable to properly secure customer data and its operations were susceptible to widespread service outages. In August 2023, the Court appointed a new lead Plaintiff and lead Plaintiff's counsel, and, on October 20, 2023, they filed an amended complaint that abandoned the original allegations. In their amended complaint, the Plaintiffs allege that, during the class period, the Defendants concealed problems concerning the 5G network buildout that prevented scaling and commercializing the network to obtain enterprise customers. After the Defendants filed a motion to dismiss, the Plaintiffs filed a second amended complaint, asserting the same theory, on February 23, 2024. On March 29, 2024, the Defendants filed a motion to dismiss the Plaintiffs' second amended complaint, which Judge Gordon P. Gallagher granted on March 20, 2025. In sum, ruled Judge Gallagher, the allegations in the complaint suggest Dish Network was overly ambitious about its deadlines for what the Plaintiffs acknowledge was an extremely risky plan reliant on developing unproven technologies. This is insufficient to state a claim for securities fraud in Count I and to support the derivative claims in Count II. Accordingly, the Court granted the Defendants' motion and dismissed the claims. The appellate case is captioned Lingam, et al. v. Dish Network Corporation, et al., Case No. 25-1157, in the United States Court of Appeals for the Tenth Circuit, filed on April 21, 2025. [BN] Plaintiffs-Appellants SAI NAVEEN LINGAM, et al., on behalf of themselves and all others similarly situated, are represented by: Shannon L. Hopkins, Esq. LEVI & KORSINSKY 33 Whitehall Street, 17th Floor New York, NY 10004 Telephone: (212) 363-7500 Defendants-Appellees DISH NETWORK CORPORATION, et al. are represented by: Kelley Bergelt Duke, Esq. IRELAND STAPLETON PRYOR & PASCOE 1660 Lincoln Street, Suite 3000 Denver, CO 80264 Telephone: (303) 623-2700 - and – Brian T. Frawley, Esq. James K. Vincenti, Esq. SULLIVAN & CROMWELL 125 Broad Street New York, NY 10004 Telephone: (212) 558-4000 DISTRICT OF COLUMBIA: Barnes Seeks to Clarify Counsel Appointment ----------------------------------------------------------------- In the class action lawsuit captioned as MAKEL BARNES, et al., v. THE DISTRICT OF COLUMBIA, et al., Case No. 1:24-cv-00750-RCL (D.D.C.), the Plaintiffs ask the Court to enter an order granting motion to clarify appointment of class counsel: Plaintiffs, through their undersigned counsel and pursuant to Federal Rule of Civil Procedure 23(g)(1)(E), file this Motion to Clarify this Court's Memorandum Opinion and Order with respect to appointing class counsel under Federal Rule of Civil Procedure 23(g)(1). CONCLUSION For the reasons stated in this motion, Plaintiffs request that the Court grant this motion and issue an order appointing SJP, the Committee, and Nixon Peabody collectively as class counsel in this matter. In the alternative, if the Court appoints only SJP as class counsel, Plaintiffs request that the Court issue an order permitting the Committee and Nixon Peabody to assist SJP in representing the certified class as class counsel On March 28, 2025, the Court granted in part the Plaintiffs' motion for class certification and the Court certified the Plaintiffs' class pursuant to Rules 23(a) and 23(b)(2). District of Columbia is a compact city on the Potomac River, bordering the states of Maryland and Virginia. A copy of the Plaintiffs' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=8sVSeN at no extra charge.[CC] The Plaintiffs are represented by: Brian Whittaker, Esq. Martha Medina, Esq. NIXON PEABODY LLP 799 9th Street NW, Suite 500 Washington, DC 20001 Telephone: (202) 585-8000 E-mail: bwhittaker@nixonpeabody.com mmedina@nixonpeabody.com - and - Ifetayo Belle, Esq. Aubrey Dillon, Esq. SCHOOL JUSTICE PROJECT 641 S Street NW, Suite 300 Washington, DC 20001 Telephone: (202) 630-9969 E-mail: tbelle@sjpdc.org adillon@sjpdc.org - and - Kaitlin Banner, Esq. Marja K. Plater, Esq. Ellie M. Driscoll, Esq. WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS 700 14th Street NW, Suite 400 Washington, DC 20005 Telephone: (202) 319-1000 E-mail: kaitlin_banner@washlaw.org marja_plater@washlaw.org ellie_driscoll@washlaw.org DONALD TRUMP: Seeks to File Additional Supplemental Declarations ---------------------------------------------------------------- In the class action lawsuit captioned as ALISHEA KINGDOM, et al.; v. DONALD J. TRUMP, et al., Case No. 1:25-cv-00691-RCL (D.D.C.), the Plaintiffs ask the Court to enter an order granting motion for leave to file additional supplemental declarations in support of their motion for preliminary injunction, to stay agency action, and for provisional class certification. The Plaintiffs filed this action on March 7, 2025, in response to Executive Order 14168 and the February 2025 memoranda implementing it. The Plaintiffs filed the underlying motion on March 17, 2025. The Defendants filed their response to that motion on March 28, 2025. The Plaintiffs filed their reply in support of their motion on April 4. Donald John Trump is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party, he served as the 45th president from 2017 to 2021. A copy of the Plaintiffs' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=mVOzSl at no extra charge.[CC] The Plaintiffs are represented by: David C. Fathi, Esq. Maria V. Morris, Esq. Elisa C. Epstein, Esq. Corene T. Kendrick, Esq. Li Nowlin-Sohl, Esq. Leslie Cooper, Esq. Shana Knizhnik, Esq. James D. Esseks, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION 915 15th Street, N.W. Washington, DC 20005 Telephone: (202) 393-4930 E-mail: dfathi@aclu.org mmorris@aclu.org eepstein@aclu.org ckendrick@aclu.org lnowlin-sohl@aclu.org lcooper@aclu.org sknizhnik@aclu.org jesseks@aclu.org - and - Michael Perloff, Esq. Aditi Shah, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF THE DISTRICT OF COLUMBIA 529 14th Street NW, Suite 722 Washington, DC 20045 Telephone: (202) 457-0800 E-mail: mperloff@acludc.org ashah@acludc.org - and - Shawn Thomas Meerkamper, Esq. Megan Z. F. Noor, Esq. Lynly S. Egyes, Esq. Milo Inglehart, Esq. TRANSGENDER LAW CENTER Oakland, CA 94612 Telephone: (510) 587-9696 E-mail: shawn@transgenderlawcenter.org megan@transgenderlawcenter.org lynly@transgenderlawcenter.org milo@transgenderlawcenter.org DOT TRANSPORTATION: Must File Supplemental Opposition by June 13 ---------------------------------------------------------------- In the class action lawsuit captioned as Watson v. DOT Transportation, Inc., et al., Case No. 2:21-cv-01303 (E.D. Cal., Filed July 23, 2021), the Hon. Judge Dena M. Coggins entered an order granting Plaintiffs' motion as follows: (1) The Plaintiffs shall file a Notice of Errata attaching the Declaration of Plaintiffs' Survey and Statistical Expert for Class Certification by no later than May 23, 2025 (2) The Defendants may file a Supplemental Opposition addressing that Declaration by no later than June 13, 2025. (3) The Plaintiffs may file a Reply in support of their Motion by no later than June 27, 2025. The nature of suit states Labor/Mgmnt. Relations. The Defendant operates distribution centers and terminals throughout North America.[CC] ELON R. MUSK: Securities Class Suit Opt-Out Deadline Set for July 8 ------------------------------------------------------------------- UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GIUSEPPE PAMPENA, on behalf of himself and all others similarly situated, Plaintiff, vs. ELON R. MUSK, Defendant. CASE NO. 3:22-CV-05937-CRB PENDENCY OF CLASS ACTION Judge: Hon. Charles R. Breyer Magistrate Judge: Hon. Donna M. Ryu To all persons and entities who sold the publicly traded stock or call options, or purchased the put options, of Twitter, Inc. during the period from May 13, 2022, through October 4, 2022, both dates inclusive (the "Class Period"), and who suffered damages by Defendant's alleged violations of Sec. 10(b) and of the Exchange Act. You could be affected by a class action lawsuit against Elon Musk ("Defendant"). The Court, which authorized this Notice, is allowing the case to proceed as a class action on behalf of a "Class" and appointed attorneys as "Class Counsel." The Court has not determined that Defendant did anything wrong. Defendant has not been ordered to pay any money. No settlement has been reached. There is no money available now and no guarantee that there will be. What is this case about? The Complaint alleges that Defendant violated Section 10(b) of the Securities Exchange Act of 1934, as well as Rule 10b-5, by engaging in securities fraud in connection with Class Members' sales of Twitter's common stock or call options, or purchase of put options, during the Class Period. Defendant denies any wrongdoing in this lawsuit and believes that the claims are without merit. Are you included? You are a potential "Class member" only if you sold the publicly traded stocks or call options, or purchased the put options, of Twitter, Inc. during the period from May 13, 2022, through October 4, 2022, inclusive, and suffered damages by defendant's alleged violations of Sections 10(b) and of the Exchange Act. What are your options? If you want to stay in the Class, you do not have to do anything now. If you do nothing, you will stay in the Class and be bound by the Court's orders and will lose any right you may have to sue Defendant regarding the factual circumstances and claims in this case. If you do not want to be a Class member or to be bound by what the Court does and want to keep any rights you may have to sue Defendant over the factual circumstances and claims asserted in this case, you need to exclude yourself. To be excluded, you must send a letter to Twitter Acquisition Litigation, c/o Epiq Systems, Inc., ATTN: EXCLUSIONS, PO Box 3015, Portland, OR 97208-3015, and must include certain information, as set forth in the Long-Form Notice available at the website listed below. If you choose to exclude yourself, you cannot get money or benefits recovered if any are awarded at a later date. The deadline to exclude yourself is July 8, 2025. Unless otherwise allowed by the court, Class members will not have another opportunity to exclude themselves from this litigation. Where to get more information? This Notice is only a summary. For more information visit www.TwitterAcquisitionLitigation.com or call 888-863-8101. Inquiries, other than requests for the Long-Form Notice, may be made to Lead Counsel: COTCHETT, PITRE & McCARTHY LLP 840 Malcolm Road, Suite 200 Burlingame, CA 94010 www.cpmlegal.com Telephone: (650) 697-6000 TwitterInquiries@cpmlegal.com BOTTINI & BOTTINI, INC. Francis A. Bottini, Jr., Esq. 7817 Ivanhoe Avenue, Suite 102 La Jolla, California 92037 www.bottinilaw.com Telephone: (858) 914-2001 fbottini@bottinilaw.com ENDUE INC: Fails to Secure Personal, Health Info, Healy Says ------------------------------------------------------------ ELIZABETH HEALY, individually and on behalf of all others similarly situated, v. ENDUE, INC. d/b/a ENDUE SOFTWARE, and RHEUMATOLOGY ASSOICATES OF BALTIMORE, LLC, Case No. 2:25-cv-00237-JAW (D. Maine, May 12, 2025) is a class action lawsuit on behalf of all persons who entrusted the Defendants with sensitive Personally Identifiable Information and Protected Health Information that was, impacted in a data breach that Defendants publicly disclosed on April 11, 2025. The Plaintiff's claims arise from the Defendants failure to properly secure and safeguard Private Information that was entrusted to them, and their accompanying responsibility to store and transfer that information. Accordingly, the Defendants had numerous statutory, regulatory, contractual, and common law duties and obligations, including those based on their affirmative representations to Plaintiff and Class Members, to keep their Private Information confidential, safe, secure, and protected from unauthorized disclosure or access. On Feb. 17, 2025, Endue learned of potential unauthorized access to its IT Network. Upon detection, Endue launched an investigation with the assistance of third-party cybersecurity experts to determine the nature and scope of the incident. Endue's investigation determined the unauthorized activity was the result of a cybersecurity event in which certain internal systems were copied. The following types of Private Information were compromised in the Data Breach: name, date of birth, and Social Security number, asserts the suit. Ms. Healy is a citizen and resident of Mount Holly, New Jersey. Endue is a software company that sells operation management software for "infusion operators and home infusion pharmacies." Rheumatology Associates is a rheumatology healthcare provider based in Baltimore, Maryland. The Defendant uses the operation management software sold by Endue.[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 - Mariya Weekes, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 201 Sevilla Avenue, 2nd Floor Coral Gables, FL 33134 Telephone: (786) 879-8200 Facsimile: (786) 879-7520 E-mail: mweekes@milberg.com EWC FRANCHISOR: Hedges Seeks Equal Website Access for the Blind --------------------------------------------------------------- DONNA HEDGES, on behalf of herself and all other persons similarly situated, Plaintiff v. EWC FRANCHISOR LLC, Defendant, Case No. 1:25-cv-03672 (S.D.N.Y., May 2, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its interactive website, https://waxcenter.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 18, 2025, in an attempt to book Waxing Services from Defendant and to view the information on the website, the Plaintiff encountered multiple access barriers that denied her 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. She was unable to locate pricing and was not able to book an appointment due to broken links, pictures without alternate attributes and other barriers on Defendant's website, says the Plaintiff. 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. EWC Franchisor LLC operate the website that offers body waxing and skin care services.[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 Michael@Gottlieb.legal Dana@Gottlieb.legal FEDEX GROUND: Proposed Class Cert. Bids Briefing OK'd ----------------------------------------------------- In the class action lawsuit captioned as TAGGART v. FEDEX GROUND PACKAGE SYSTEM, INC., Case No. 3:23-cv-03655 (D.N.J., Filed July 7, 2023), the Hon. Judge Georgette Castner entered an order as follows: -- The parties are to advise the Court on or before June 6, 2025 if they intend to mediate this matter. The Court approves the Parties' proposed schedule for briefing class certification and summary judgment motions. -- The Parties shall not file their respective briefing until the motions are fully briefed. Stated differently, the Parties shall (a) serve (but not file) their motions on September 5, 2025, (b) serve (not file) their opposition on November 4, 2025, and (c) serve their reply papers on December 19, 2025. -- In addition to the exchange on Dec. 19, 2025, the Parties shall file the completed briefing on the docket. The nature of suit states Diversity-Other Contract. FedEx Ground is an American ground package delivery company.[CC] FLOWERLAND NYC: Faces Jones Suit Over Blind-Inaccessible Website ---------------------------------------------------------------- CLAY LEE JONES, on behalf of himself and all others similarly situated, Plaintiff v. FLOWERLAND NYC CORP., Defendant, Case No. 1:25-cv-03682 (S.D.N.Y., May 2, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, www.flowerlandnyc.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen-reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. The Plaintiff now 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. Flowerland NYC Corp. operates the website that serves as a flower shop.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com GENERAC HOLDINGS: Continues to Defend Consolidated Consumer Suit ---------------------------------------------------------------- Generac Holdings Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from a consolidated consumer class suit in the United States District Court for the Middle District of Florida. On October 28, 2022, Daniel Haak filed a putative consumer class action lawsuit against Generac Power in the Middle District of Florida. The complaint alleges breaches of warranty, tort-based, and unjust enrichment claims against Generac Power relating to the sale and performance of certain clean energy products, and seeks to recover damages, including consequential damages, that the plaintiff and putative class allegedly incurred.  Additional putative class actions were filed by consumers raising similar claims and allegations in other district court cases. These putative class actions have been consolidated into a Multidistrict Litigation, In re: Generac Solar Power Systems Marketing, Sales Practices and Products Liability Litigation currently pending in the Eastern District of Wisconsin, Case No. 23-md-3078. Generac Power and the Company filed their answer to the consolidated master complaint after the court denied the motion to dismiss on May 24, 2024. Generac Power and the Company intend to vigorously defend against the consolidated master complaint. Generac Holdings Inc. is a global designer and manufacturer of a wide range of energy technology solutions for power generation equipment, energy storage systems, energy management devices & solutions, and other power products and services serving the residential, light commercial, and industrial markets. GENERAC HOLDINGS: Continues to Defend Consumer Class Suit in Fla. ----------------------------------------------------------------- Generac Holdings Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from a consumer class suit in the United States District Court for the Middle District of Florida. On October 18, 2024, two individuals filed a putative consumer class action lawsuit against Generac Power and the Company in the Middle District of Florida (Case No. 24-cv-02412). The Amended Complaint, which includes additional plaintiffs, alleges certain defects for home standby generators manufactured or sold to consumers from 2020-2024. Plaintiffs assert breaches of warranty, tort-based, and statutory claims relating to the sale and performance of home standby generators. The Company disputes the allegations and intends to vigorously defend against the claims in the complaint, including that the case should not proceed as a class action. Generac Holdings Inc. is a global designer and manufacturer of a wide range of energy technology solutions for power generation equipment, energy storage systems, energy management devices & solutions, and other power products and services serving the residential, light commercial, and industrial markets. GENERAC HOLDINGS: Continues to Defend Oakland County Class Suit --------------------------------------------------------------- Generac Holdings Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from the Oakland County securities class suit in the United States District Court for the Eastern District of Wisconsin. On December 1, 2022, Oakland County Voluntary Employees' Beneficiary Association and Oakland County Employees' Retirement System filed a putative securities class action lawsuit against the Company and certain of its officers in the Eastern District of Wisconsin. The court subsequently consolidated a later filed action and appointed a lead plaintiff. The lead plaintiff filed a consolidated complaint alleging violation of federal securities law related to disclosures of certain matters (the Oakland County Lawsuit). On February 7, 2025, the court granted the Company's motion to dismiss and found that plaintiffs failed to adequately plead a securities fraud claim. Plaintiffs filed an amended complaint on March 10, 2025, which the Company intends to move to dismiss. Generac Holdings Inc. is a global designer and manufacturer of a wide range of energy technology solutions for power generation equipment, energy storage systems, energy management devices & solutions, and other power products and services serving the residential, light commercial, and industrial markets. GENERAC HOLDINGS: Continues to Defend Walling Securities Class Suit ------------------------------------------------------------------- Generac Holdings Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from the Walling securities class suit in the United States District Court for the Western District of Wisconsin. On November 21, 2023, Christopher Walling filed a putative securities class action lawsuit against the Company and certain of its officers in the Western District of Wisconsin and was later appointed lead plaintiff. The complaint asserts claims for alleged violation of federal securities law related to statements concerning the Company's financial outlook and the impact of macroeconomic trends on the demand for its products. The plaintiff seeks to represent a class of individuals who purchased or otherwise acquired common stock between May 3, 2023, and August 3, 2023, and seeks unspecified compensatory damages and other relief on behalf of a purported class of purchasers of the Company's stock (the Walling Lawsuit). The Company moved to dismiss the amended complaint on June 21, 2024, and intends to vigorously defend against the claims in the amended complaint. Generac Holdings Inc. is a global designer and manufacturer of a wide range of energy technology solutions for power generation equipment, energy storage systems, energy management devices & solutions, and other power products and services serving the residential, light commercial, and industrial markets. GENERAL PLUMBING: Website Inaccessible to the Blind, Vega Says -------------------------------------------------------------- NORBERTO VEGA, on behalf of himself and all others similarly situated, Plaintiff v. GENERAL PLUMBING SUPPLY, INC., Defendant, Case No. 2:25-cv-03766 (D.N.J., May 2, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, www.generalplumbingsupply.net, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. Due to the inaccessibility of Defendant's website, blind and visually-impaired customers such as Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities, products, and services Defendant offers to the public on its 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. General Plumbing Supply, Inc. operates the website that offers plumbing, heating, cooling, industrial, and decorative kitchen and bath supplies.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com GOODRX INC: C&H Pharmacy Suit Transferred to D. Rhode Island ------------------------------------------------------------ The case captioned as C&H Pharmacy Inc. doing business as: Hunnington Pharmacy, Propst Discount Drugs, Inc., Reeves Drug Store, Star Discount Pharmacy, Inc., individually and on behalf of all others similarly situate v. GoodRX Inc., GoodRx Holdings, Inc., CVS Caremark Corporation, Express Scripts Inc., Medimpact Healthcare Systems, Inc., Navitus Health Solutions, LLC, Case No. 2:25-cv-00082 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Rhode Island on May 9, 2025. The District Court Clerk assigned Case No. 1:25-cv-03023-MSM-LDA to the proceeding. 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 Plaintiff is represented by: Bobby Pouya, Esq. Naveed Abaie, Esq. Daniel L. Warshaw, Esq. PEARSON WARSHAW, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Phone: (818) 788-8300 Email: bpouya@pwfirm.com - and - Eric J. Artrip, Esq. MASTANDO AND ARTRIP, LLC 301 Holmes Avenue NE., Suite 100 Huntsville, AL 35801 Phone: (256) 532-2222 Fax: (256) 513-7489 The Defendants are represented by: David Ramraj Singh, Esq. WEIL GOTSHAL AND MANGES LLP 201 Redwood Shores Parkway 4th Floor Redwood Shores, CA 94065 Phone: (650) 802-3000 Fax: 6650-802-3100 - and - Jonathan S. Tam, Esq. Kimberly O. Branscome, Esq. PAUL, WEISS, RIFKIND, WHARTON AND GARRISON LLP 2029 Century Park East, Suite 2000 Los Angeles, CA 90067 Phone: (310) 982-4346 Fax: (310) 943-1785 Email: jtam@paulweiss.com kbranscome@paulweiss.com - and - Jacqueline P. Rubin, Esq. Natalie Marie Pita, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019-6064 Phone: (212) 373-3056 Email: jrubin@paulweiss.com npita@paulweiss.com GOOGLE LLC: Curley Seeks Initial OK of $12.5M Class Settlement Deal ------------------------------------------------------------------- In the class action lawsuit captioned as APRIL CURLEY, DESIREE MAYON, RONIKA LEWIS, RAYNA REID, ANIM AWEH, and EBONY THOMAS, individually and on behalf of all others similarly situated, v. GOOGLE, LLC, Case No. 4:22-cv-01735-KAW (N.D. Cal.), the Plaintiffs, on July 17, 2025, will move the Court for an Order: (1) certifying the Settlement Class for settlement purposes, (2) preliminarily approving the Settlement Agreement, (3) authorizing retention of Atticus Administration, LLC, as the Claims Administrator, (4) approving the form and matter of the Notice of Settlement to the Settlement Class, (5) appointing Stowell and Friedman, Ltd., and Ben Crump Law PLLC as Settlement Class Counsel, (6) appointing April Curley, Ronika Lewis, and Desiree Mayon as Settlement Class Representatives, and (7) setting the Final Approval Hearing as well as the schedule for various deadlines in connection with the Settlement Agreement. The Settlement Class to be certified for settlement purposes only under Federal Rule of Civil Procedure 23 includes: "All Google employees identified in Google's records produced to Settlement Class Counsel on Nov. 20, 2024 as Black or Black+ who worked in job levels 3, 4, 5 and/or 6 in a job located in California at any time from March 18, 2018 through Dec. 31, 2023, and/or job levels 3, 4, 5, and/or 6 in a job located in New York at any time from Oct. 15, 2017 through Dec. 31, 2023, excluding employees who (a) exclusively held a job that Google's records identified as being within a Legal job family or subfamily, or (b) are identified in Google's records as having executed a general release of claims at any time between Oct. 15, 2017 (for New York employees) or March 18, 2018 (for California employees) and the Preliminary Approval Date." Settlement Class Counsel will seek attorneys' fees of up to 25% of the Settlement Fund ($12,500,000) and reimbursement for expenses, currently estimated to be $211,500.82. Settlement Class Counsel’s current lodestar is estimated to be $4,769,434.18. Google operates as a global technology company specializes in internet related services and products. A copy of the Plaintiffs' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=KlcnGD at no extra charge.[CC] The Plaintiffs are represented by: Ben Crump, Esq. Nabeha Shaer, Esq. BEN CRUMP LAW, PLLC 122 S. Calhoun St. Tallahassee, FL 32301 Telephone: (800) 713-1222 E-mail: court@bencrump.com - and - Linda D. Friedman, Esq. Suzanne E. Bish, Esq. George Robot, Esq. STOWELL & FRIEDMAN LTD. 303 W. Madison St., Suite 2600 Chicago, IL 60606 Telephone: (312) 431-0888 E-mail: lfriedman@sfltd.com - and - Sam Sani, Esq. SANI LAW, APC 595 E. Colorado Blvd., Suite 522 Pasadena, CA 91101 Telephone: (310) 935-0405 E-mail: ssani@sanilawfirm.com GORES HOLDINGS: $17.5MM Class Settlement to be Heard on July 15 --------------------------------------------------------------- IN RE GORES HOLDINGS IV, INC. STOCKHOLDER LITIGATION CONSOLIDATED C.A. No. 2023-0284-LWW SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF STOCKHOLDER CLASS ACTION, SETTLEMENT HEARING, AND RIGHT TO APPEAR TO: ALL RECORD AND BENEFICIAL HOLDERS OF GORES HOLDINGS IV, INC. ("GORES IV") CLASS A COMMON STOCK (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY SHARES OF GORES IV CLASS A COMMON STOCK HELD AS PART OF A PUBLIC UNIT) WHO PURCHASED, ACQUIRED, OR HELD SUCH SECURITIES AT ANY TIME DURING THE PERIOD FROM SEPTEMBER 22, 2020, THE DATE OF THE ANNOUNCEMENT OF THE MERGER, THROUGH AND INCLUDING JANUARY 21, 2021, THE DATE OF THE CLOSING, BUT EXCLUDING THE EXCLUDED PERSONS (THE "CLASS"). THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER SOLICITATION. PLEASE READ THIS SUMMARY NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT. YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of Chancery of the State of Delaware and Delaware Court of Chancery Rule 23 that: (i) the action is pending in the Court and has been preliminarily certified as a class action; and (ii) Plaintiffs, Defendants, and non-party UWM Holdings Corp. (f/k/a Gores Holdings IV, Inc.) have reached a proposed settlement for $17,500,000.00 in cash as set forth in the Stipulation, a copy of which is available at www.GoresIVStockholderSettlement.com. The Settlement, if approved by the Court, will resolve all claims in the Action. A hearing will be held on July 15, 2025, at 1:30 p.m., before The Honorable Lori W. Will, Vice Chancellor, either in person at the Court of Chancery of the State of Delaware, Leonard L. Williams Justice Center, 500 North King Street, Wilmington, Delaware 19801, or remotely by telephone or videoconference (in the discretion of the Court), to, among other things: (i) determine whether to finally certify the Class for settlement purposes only, pursuant to Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2); (ii) determine whether Plaintiffs and Plaintiffs' Counsel have adequately represented the Class, and whether Plaintiffs should be finally appointed as Class representatives for the Class and Plaintiffs' Counsel should be finally appointed as counsel for the Class; (iii) determine whether the proposed Settlement should be approved as fair, reasonable, and adequate to the Class and in the best interests of the Class; (iv) determine whether the Action should be dismissed with prejudice and the Releases provided under the Stipulation should be granted; (v) determine whether the Order and Final Judgment approving the Settlement should be entered; (vi) determine whether the proposed Plan of Allocation of the Net Settlement Fund is fair and reasonable, and should therefore be approved; (vii) determine whether and in what amount any Fee and Expense Award should be paid to Plaintiffs' Counsel out of the Settlement Fund and whether and in what amount any service award to each named Plaintiff should be paid out of the Fee and Expense Award; (viii) hear and rule on any objections to the Settlement, the proposed Plan of Allocation, and/or Plaintiffs' Counsel's application for any Fee and Expense Award; and (ix) consider any other matters that may properly be brought before the Court in connection with the Settlement. Any updates regarding the Settlement Hearing, including any changes to the date or time of the hearing or updates regarding in-person or remote appearances at the hearing, will be posted to the Settlement website, www.GoresIVStockholderSettlement.com. If you are a member of the Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Net Settlement Fund. If you have not yet received the Notice, you may obtain a copy of the Notice by contacting the Settlement Administrator at Gores IV Stockholder Litigation, c/o A.B. Data, Ltd., P.O. Box 170500, Milwaukee, WI 53217. A copy of the Notice can also be downloaded from the Settlement website, www.GoresIVStockholderSettlement.com. If the Settlement is approved by the Court and the Effective Date occurs, the Net Settlement Fund will be distributed on a pro rata basis to Eligible Class Members in accordance with the terms of the proposed Plan of Allocation stated in the Notice or such other plan of allocation as is approved by the Court. The Class is a non-"opt-out" class pursuant to Delaware Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2). Accordingly, Class Members will be bound by any judgment entered in the Action pursuant to the terms and conditions of the Stipulation. Any objections to the Settlement, the proposed Plan of Allocation, or Plaintiffs' Counsel's application for the Fee and Expense Award must be filed with the Register in Chancery in the Court of Chancery of the State of Delaware and delivered to Plaintiffs' Counsel, Defendants' Counsel, and counsel for the Company such that they are received no later than June 23, 2025, in accordance with the instructions set forth in the Notice. Please do not contact the Court or the Office of the Register in Chancery regarding this Summary Notice. All questions about this Summary Notice, the Settlement, or your eligibility to participate in the Settlement should be directed to the Settlement Administrator or Plaintiffs' Counsel. Requests for the Notice should be made to the Settlement Administrator: Gores IV Stockholder Litigation c/o A.B. Data, Ltd. P.O. Box 170500 Milwaukee, WI 53217 1-877-495-0904 Website: www.GoresIVStockholderSettlement.com Inquiries, other than requests for the Notice, should be made to Plaintiffs' Counsel: Kelly L. Tucker Grant & Eisenhofer P.A. 123 Justison Street Wilmington, DE 19801 Telephone: (302) 622-7000 Email: ktucker@gelaw.com BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE Dated: May 15, 2025 GRAND CANYON EDUCATION: Ogdon Class Suit Trial Still Not Set ------------------------------------------------------------ Grand Canyon Education Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that no trial date set for Ogdon class suit in the United States District Court for the District of Arizona. Ogdon v. Grand Canyon Education, Inc., et al. This putative class action was filed in May 2020 in federal district court in California and later transferred to United States District Court for the District of Arizona and asserts claims for violations of California's False Advertising Law, Unfair Competition Law, Consumer Legal Remedies Act; Unjust Enrichment; and purported violations of the federal RICO statute, including a conspiracy claim. The defendants include the Company along with its chief executive officer, chief operating officer and chief financial officer. On May 27, 2022, after significant motions practice, the Company filed an amended motion to dismiss and a motion to strike certain allegations in Plaintiff's amended complaint. On August 8, 2023, the court presiding over the dispute entered two orders: (1) an order granting in part the Company's motion to dismiss as to Ogdon's RICO claim from the case and to dismiss the individual Defendants; and (2) an order granting in part the Company's motion to strike scandalous and impertinent allegations in Ogdon's complaint about its business. Shortly thereafter on August 22, 2023, Plaintiff moved the court to reconsider its dismissal of the RICO claim. Though discovery had commenced, and the Company substantially completed its discovery obligations on the state-law claims, discovery was stayed on March 18, 2024, pending mediation and the disposition of Ogdon's motion for reconsideration. On March 29, 2024, the court issued an order reinstating Plaintiff’s RICO claim. On September 26, 2024, the court lifted the stay on discovery, and discovery resumed, with class certification briefing to conclude in September 2025. There is currently no trial date scheduled in this matter. Grand Canyon Education, Inc. is a publicly traded education services company dedicated to serving colleges and universities. GRAND CANYON EDUCATION: Smith and Wang Suit Trial Still Not Set --------------------------------------------------------------- Grand Canyon Education Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that no trial date set for the Smith and Wang class suit in the United States District Court for the District of Arizona. This putative class action was filed in June 2024 in the United States District Court for the District of Arizona and asserts claims under the federal RICO statute as well as various claims for violations of state law consumer protection statutes. On September 20, 2024, the plaintiffs amended their complaint, and on November 4, 2024, the Company moved to dismiss the case. The motion to dismiss is pending with the court. There is currently no trial date scheduled in this matter. Grand Canyon Education, Inc. is a publicly traded education services company dedicated to serving colleges and universities. HANA ENTERPRISES: Faces Silva Wage-and-Hour Suit in Florida ----------------------------------------------------------- CYNTHIA SILVA, VIRGINIA SAINZ, FRANTZY ALEXANDRE, KIET LE, SUHEY VELANQUEZ, MELISSA MOREL, ERIENNA MCLAMORE, MELISSA MOREL, ALIME FERNANDEZ, LAUREN SUAREZ, NONA GIRASOL, SABRINA RODRIGUEZ, and EMMY RAMSEY, on behalf of themselves and all others similarly situated, Plaintiffs v. HANA ENTERPRISES, INC., ARI RESTAURANT GROUP, INC., PARIS MORNING, LLC, ARYA, LLC, and JUNGCHE NAM, Defendants, Case No. CACE-25-006261 (Fla. Cir. Ct., 17th Jud. Cir., Broward Cty., April 28, 2025) is a class action against the Defendant for failure to pay proper minimum wages in violation of the Fair Labor Standards Act. The Plaintiffs worked for the Defendants as hourly employees from March and April 2025. Hana Enterprises, Inc. is a company doing business in Florida. Ari Restaurant Group, Inc. is a restaurant operator in Florida. Paris Morning, LLC is a limited liability company in Florida. Arya, LLC is a limited liability company in Florida. [BN] The Plaintiffs are represented by: Lawrence J. McGuinness, Esq. MG LEGAL GROUP 3126 Center St. Miami, FL 33133 Telephone: (305) 448-9557 Facsimile: (305) 448-9559 Email: ljm@ljmpalaw.com HAND AND STONE: Layne Seeks Equal Website Access for the Blind -------------------------------------------------------------- DALE LAYNE, on behalf of himself and all others similarly situated, Plaintiff v. HAND AND STONE FRANCHISE CORP., Defendant, Case No. 1:25-cv-02444 (E.D.N.Y., May 2, 2025) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, www.handandstonewilliamsburgny.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. Due to the inaccessibility of Defendant's website, blind and visually-impaired customers such as Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities and services Defendant offers to the public on its 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. Hand and Stone Franchise Corp. operates the website that offers spa services.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com HASBRO INC: Continues to Defend WPBFPPF Securities Class Suit ------------------------------------------------------------- HASBRO Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from the West Palm Beach Firefighters' Pension Fund securities class suit in the United States District Court for the Southern District of New York. On November 13, 2024, West Palm Beach Firefighters' Pension Fund filed a putative class action lawsuit in the U.S. District Court for the Southern District of New York alleging violations of Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934 and certain rules promulgated thereunder. West Palm Beach Firefighters' Pension Fund v. Hasbro, Inc., Richard Stoddart, Christian Cocks, Deborah Thomas, Gina Goetter and Eric Nyman, Case No.1:24-cv-8633 (S.D.N.Y.). The plaintiff asserts claims on behalf of persons and entities that purchased the Company's securities between February 7, 2022 and October 25, 2023 (the "Class Period"), and seeks compensatory damages, interest, fees, and costs. The complaint alleges that members of the putative class suffered losses as a result of false or misleading statements and withholding of information regarding the Company's inventory, including quality and appropriateness thereof, during the Class Period. The court is in the process of appointing a lead plaintiff. The Company intends to vigorously defend against these claims. Due to the early stages of this matter, the Company is unable to estimate a reasonably possible range of loss, if any, that may result from this matter. Hasbro, Inc. designs, manufactures, and markets toys, games, interactive software, puzzles, and infant products. The Company's products include a variety of games, including traditional board, card, hand-held electronic, trading card, role-playing, and DVD games, as well as electronic learning aids and puzzles.[BN] HEALTH NUTS: Website Inaccessible to Blind Users, Alexandria Says ----------------------------------------------------------------- ERIKA ALEXANDRIA, on behalf of herself and all others similarly situated, Plaintiff v. THE HEALTH NUTS, INC., Defendant, Case No. 1:25-cv-03680 (S.D.N.Y., May 2, 2025) is a civil rights action against Defendant for the failure to design, construct, maintain, and operate its website, www.manhattanhealthfoodstore.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen-reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. Due to the inaccessibility of Defendant's website, blind and visually impaired customers such as Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities, products, and services Defendant offers to the public on the website, says the suit. The Health Nuts, Inc. operates the website that offers a range of natural and organic products, including dietary supplements, health foods, and wellness items.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com HENRY SCHEIN: Court Dismisses Alta Vista Regional's Class Suit -------------------------------------------------------------- Henry Schein, Inc. disclosed in its Form 10-Q report for the quarterly period ended March 29, 2025, filed with the Securities and Exchange Commission on May 5, 2025, that on March 19, 2025, the United States District Court for the District of New Mexico granted the company's motion to dismiss a purported class action filed by San Miguel Hospital Corporation (d/b/a Alta Vista Regional Hospital, et al.) in and dismissed all claims against Henry Schein with prejudice. Plaintiff has filed a motion to amend the judgment and for leave to file a second amended complaint, which is pending. Henry Schein, Inc. has been named as a defendant in multiple opioid related lawsuits with one or more of its subsidiaries also named as a defendant in a number of those cases. Generally, the lawsuits allege that the manufacturers of prescription opioid drugs engaged in a false advertising campaign to expand the market for such drugs and their own market share and that the entities in the supply chain reaped financial rewards by refusing or otherwise failing to monitor appropriately and restrict the improper distribution of those drugs. These actions consist of some that have been consolidated within the Multi District Litigation (MDL) proceeding "In Re National Prescription Opiate Litigation," MDL No. 2804 (Case No. 17-md-2804) and are currently stayed, and others which remain pending in state courts and are proceeding independently and outside of the MDL. Twenty other cases filed by legal guardians of children who were allegedly exposed to opioids in utero have been voluntarily dismissed. Henry Schein, Inc. is a solutions company for health care professionals, primarily to office-based dental and medical practitioners, as well as alternate sites of care. HOBBS LONDON: Pittman Sues Over Blind's Equal Access to Website --------------------------------------------------------------- DEBBIE PITTMAN, individually and on behalf of all others similarly situated, Plaintiff v. HOBBS LONDON, INC., Defendant, Case No. 1:25-cv-04506 (N.D. Ill., April 25, 2025) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act, declaratory relief, and negligent infliction of emotional distress. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://www.hobbs.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of their online goods, content, and services offered to the public through the website. The accessibility issues on the website include but not limited to: empty links that contain no text, 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 and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually impaired individuals. Hobbs London, Inc. is a company that sells online goods and services in Illinois. [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 Email: Dreyes@ealg.law HOMETOWN AMERICA: Plaintiffs Must Oppose Bid to Strike by June 6 ---------------------------------------------------------------- In the class action lawsuit captioned as Bartok, et al., v. Hometown America Management, LLC, et al., Case No. 4:21-cv-10790 (D. Mass., Filed May 13, 2021), the Hon. Judge Leo T. Sorokin entered an order aligning briefing on the motion to strike with the schedule for Plaintiffs' Motion to Certify Class as follows: -- Plaintiffs shall file their opposition by June 6, 2025, and -- Defendants shall thereafter file a reply brief by June 20, 2025. The nature of suit states Real Property -- All Other Real Property. Hometown America provides real estate management services.[CC] HORIZON OPPORTUNITIES: Fails to Protect Personal Info, Smith Says ----------------------------------------------------------------- TARRA SMITH, individually and on behalf of all others similarly situated, Plaintiff v. HORIZON OPPORTUNITIES INC., Defendant, Case No. 6:25-cv-00033-NKM (W.D. Va., April 28, 2025) is a class action against the Defendant for negligence, negligence per se, breach of fiduciary duty, and breach of implied contract. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and protected health information of the Plaintiff and similarly situated individuals stored within its network systems following a data breach between March 13, 2025 and March 16, 2025. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. Horizon Opportunities Inc. is a mental health, substance use, and intellectual disability services provider based in Virginia. [BN] The Plaintiff is represented by: Lee A. Floyd, Esq. Justin M. Sheldon, Esq. BREIT BINIAZAN, PC 2100 East Cary Street, Suite 310 Richmond, VA 23223 Telephone: (804) 351-9040 Facsimile: (804) 351-9170 Email: Lee@bbtrial.com Justin@bbtrial.com - and - Andrew J. Shamis, Esq. Leanna A. Loginov, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 Email: ashamis@shamisgentile.com lloginov@shamisgentile.com ICF TECHNOLOGY: Seeks Denial of Tomasello Class Cert. Bid --------------------------------------------------------- In the class action lawsuit captioned as MIA TOMASELLO, on behalf of herself, individually and on behalf of all similarly situated individuals, v. ICF TECHNOLOGY, INC., ACCRETIVE TECHNOLOGY GROUP, INC., Case No. 2:23-cv-03759-MCA-JRA (D.N.J.), the Defendants, on June 2, 2025, will move for an Order granting reconsideration of the Court's April 23, 2025 Order and denying the Plaintiff's motion for class certification. ICF is a streaming and processing service provider. A copy of the Defendants' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=lB7BmY at no extra charge.[CC] The Defendants are represented by: Lawrence J. Del Rossi, Esq. Brian M. Hayes, Esq. FAEGRE DRINKER BIDDLE & REATH LLP 600 Campus Drive Florham Park, NJ 07932-1047 Telephone: (973) 549-7000 Facsimile: (973) 360-9831 E-mail: lawrence.delrossi@faegredrinker.com brian.hayes@faegredrinker.com - and - Michael T. Kitson, Esq. Shirley S. Lou-Magnuson, Esq. Hannah A. Ard, Esq. Ethan Picone, Esq. BALLARD SPAHR LLP 1420 Fifth Avenue, Suite 4200 Seattle, WA 98111-9402 Telephone: (206) 223-7000 Facsimile: (206) 223-7107 E-mail: kitsonm@ballardspahr.com loumagnusons@ballardspahr.com ardh@ballardspahr.com piconee@ballardspahr.com INGERSOLL-RAND: Class Discovery in Bowman Suit Extended to July 7 ----------------------------------------------------------------- In the class action lawsuit captioned as DALLAS BOWMAN, THOMAS DAVIES, FRED FURLANO SR., CODY HECKLER, v. INGERSOLL-RAND INDUSTRIAL U.S. INC, Case No. 3:24-cv-00285-CCB-SJF (N.D. Ind.), the Hon. Judge Scott J. Frankel entered an order granting the Defendant's agreed motion for extension of time to complete Phase I Discovery: -- The deadline to complete Phase I Discovery is extended to July 7, 2025, as requested. -- The Court now also sua sponte extends the deadline to file any discovery-related nondispositive motion regarding Phase I Discovery to June 9, 2025. -- Moreover, the deadline for Plaintiffs to file a motion for conditional Certification and/or Class Certification is extended to Aug. 15, 2025, with any response in opposition now due Aug. 29, 2025, and any reply in support now due Sept. 30, 2025. Ingersoll offers a full range of industry leading gear pumps, from industrial process, magnetically coupled and lubrication. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=5eNeJT at no extra charge.[CC] INTERNATIONAL BUSINESS: Burgard Seeks Pre-Motion Conference Sched ----------------------------------------------------------------- In the class action lawsuit captioned as Burgard v. International Business Machines Corporation, Case No. 7:24-cv-02885-PMH (S.D.N.Y.), the Plaintiff asks the Court to enter an order granting request that the Court schedule a pre-motion conference. The Plaintiff Cheryl Burgard sought conditionally certified FLSA collective. The Defendant has already produced a class list for the timeframe of March 13, 2022, through the present, leaving little doubt that a similar list can be produced for the entire statutory period under the New York Labor Law (NYLL). International is a multinational corporation specializing in computer technology and information technology consulting. A copy of the Plaintiff's motion dated May 6, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=1H9qLN at no extra charge.[CC] The Plaintiff is represented by: Alex J. Hartzband, Esq. GRUBIN LAW GROUP, P.C. 1270 Avenue of the Americas, Floor 7 New York, NY 10020 Telephone: (212) 653-0631 E-mail: ahartzband@grubinlaw.com INTERSTATE PARKING: Discloses Drivers' Personal Info, Donelson Says ------------------------------------------------------------------- COURTNEY MONTRELL DONELSON, individually and on behalf of all others similarly situated, Plaintiff v. INTERSTATE PARKING, LLC, Defendant, Case No. 3:25-cv-00345 (W.D. Wis., May 2, 2025) is a putative class action against the Defendant for violations of the Driver's Privacy Protection Act. In violation of the DPPA, the Defendant knowingly and without consent obtained, utilized, and disclosed Plaintiff's and the Class Members' personal information, including their names and home addresses, from non-public motor vehicle state records. The Defendant regularly engages in the practice of utilizing license plate recognition cameras to capture vehicle license plates, and then uses those license plate numbers to acquire, without authorization or consent, the personal information of individuals, including Plaintiff, that park their vehicles in lots managed by Defendant from DMVs around the country, says the suit. The Defendant's DPPA violations caused Plaintiff and the Class Members harm, including violations of their statutory privacy rights, harassment, annoyance, nuisance, invasion of their privacy, and intrusion upon seclusion in a space that is personal and private to Plaintiff and the Class Members, says the suit. The Plaintiff seeks, on behalf of himself and each member of the proposed Class, statutory damages under the DPPA in the amount of $2,500, reasonable attorney's fees and other litigation costs reasonably incurred, and such other equitable relief as the court determines appropriate, including injunctive relief in the form of a prohibition on Defendants obtaining, using and disclosing personal information obtained from any department of motor vehicles to send surprise tickets through the mail to consumers' residences. Interstate Parking, LLC manages private parking lots throughout Florida and the United States.[BN] The Plaintiff is represented by: Manuel S. Hiraldo, Esq. HIRALDO P.A. 401 E. Las Olas Boulevard Suite 1400 Ft. Lauderdale, FL 33301 Telephone: (954) 400-4713 Email: mhiraldo@hiraldolaw.com - and - Rachel Dapeer, Esq. DAPEER LAW P.A. 20900 NE 30th Ave., Suite 417 Aventura, FL 33180 Telephone: (305) 610-5223 E-mail: rachel@dapeer.com J.J.F. MANAGEMENT: Lamb Files Suit in D. Maryland ------------------------------------------------- A class action lawsuit has been filed against J.J.F. Management Services, Inc. The case is styled as Phillip Lamb, on behalf of himself and all others similarly situated v. J.J.F. Management Services, Inc. d/b/a Fitzgerald Auto Malls, Case No. 8:25-cv-01508-PX (D. Md., May 9, 2025). The nature of suit is stated as Other P.I. for Tort/Non-Motor Vehicle. J.J.F. Management Services and its subsidiaries own and operate car and truck rental locations. The company also owns and operates automobile and truck franchises.[BN] The Plaintiffs are represented by: Thomas A. Pacheco, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Phone: (212) 946-9305 Fax: (865) 522-0049 Email: tpacheco@milberg.com JET LIMOUSINES: McGhee Suit Seeks to Prohibit Arbitration Deal -------------------------------------------------------------- In the class action lawsuit captioned as William McGhee and Michael Reynolds, individually and on behalf of other similarly situated individuals, v. J.E.T. Limousines & Transportation, LLC; JET Limousines Operations, LLC; Arizona Commercial Transportation Services, LLC; Transportation Inc.; Salt River Tubing & Recreation, Inc.; Salt River Tubing Operations, LLC; William Jinks; Mary Ann Cleary; and Eugene Thomas, Case No. 2:24-cv-03394-MTL (D. Ariz.), the Plaintiffs ask the Court to enter an order: (1) enjoining the Defendants from enforcing the arbitration agreement instituted by Defendants for putative class members in November 2024 and thereafter (the "2024 Agreement") that appears to have been signed by at approximately 74 Drivers who are putative class and collective action members in this case; (2) approving curative notice to all putative collective and class members who have signed the 2024 Agreement; and (3) issuing an order limiting Defendants' ex parte communications with putative class members. Jet provides chauffeured services. A copy of the Plaintiffs' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=vcoxtR at no extra charge.[CC] The Plaintiffs are represented by: Susan Martin, Esq. Daniel L. Bonnett, Esq. Jennifer Kroll, Esq. Michael M. Licata, Esq. MARTIN & BONNETT, P.L.L.C. 4647 N. 32nd Street, Suite 185 Phoenix, AZ 85018 Telephone: (602) 240-6900 Facsimile: (602) 240-2345 E-mail: smartin@martinbonnett.com dbonnett@martinbonnett.com jkroll@martinbonnett.com mlicata@martinbonnett.com JMJ ENTERPRISES: Wade Seeks Clarification of Court Order -------------------------------------------------------- In the class action lawsuit captioned as TIFFANY WADE, individually, and on behalf of all others similarly situated, v. JMJ ENTERPRISES, LLC and TRACI JOHNSON MARTIN, Case No. 1:21-cv-00506-LCB-JLW (M.D.N.C.), the Plaintiff asks the Court to enter an order clarifying its Order, related to the scope of "all wages" recoverable under Count III of the Amended Complaint. JMJ is a residential home provider for mental health and IDD consumers. A copy of the Plaintiff's motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=g6lf7y at no extra charge.[CC] The Plaintiff is represented by: L. Michelle Gessner, Esq. GESSNERLAW, PLLC 602 East Morehead Street Charlotte, NC 28202 Telephone: (704) 234-7442 Facsimile: (980) 206-0286 E-mail: michelle@mgessnerlaw.com KALEIDA HEALTH: Seeks Discovery Plan & Case Management Order ------------------------------------------------------------ In the class action lawsuit captioned as Cleary et al., v. Kaleida Health et al., Case No. 1:22-cv-00026-LJV-JJM (W.D.N.Y.), the Defendants ask the Court to enter an order granting request of Joint Proposed Discovery Plan and Case Management Order, which sets forth a proposed schedule for fact and expert discovery as well as new deadlines for briefing Plaintiffs' anticipated motion for class certification and Defendants' anticipated summary judgment motion. Kaleida is a not-for-profit healthcare network that manages five hospitals in the Buffalo–Niagara Falls metropolitan area. A copy of the Defendants' motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=sG55ay at no extra charge.[CC] The Defendants are represented by: Myron D. Rumeld, Esq. PROSKAUER ROSE LLP Eleven Times Square New York, NY 10036-8299 Telephone: (212) 969-3021 Facsimile: (212) 969-2900 E-mail: mrumeld@proskauer.com KELSIER VENTURES: Hurlock Suit Removed to S.D. New York ------------------------------------------------------- The case captioned as Omar Hurlock, on behalf of himself and all others similarly situated v. KELSIER VENTURES, KIP PROTOCOL, HAYDEN DAVIS, GIDEON DAVIS, METEORA, THOMAS DAVIS, JULIAN PEH, and BENJAMIN CHOW, Case No. 651469/2025 was removed from the Supreme Court of the State of New York for the County of New York, to the United States District Court for the Southern District of New York on May 9, 2025, and assigned Case No. 1:25-cv-03891. The Plaintiff purports to state claims for: deceptive acts and false advertising in violation of New York General Business Law; negligent misrepresentation, and unjust enrichment. The Plaintiff seeks compensatory and punitive damages, disgorgement and restitution, injunctive and equitable relief, attorneys' fees and costs, and the appointment of a receiver over Defendant Meteora.[BN] The Defendants are represented by: Samson A. Enzer, Esq. Edward N. Moss, Esq. Sheila C. Ramesh, Esq. Gregory Mortenson, Esq. CAHILL GORDON & REINDEL LLP 32 Old Slip New York, NY 10005 Phone: 212-701-3125 Email: senzer@cahill.com emoss@cahill.com sramesh@cahill.com gmortenson@cahill.com KEUTEK LLC: Martinez Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Keutek LLC. The case is styled as Judith Adela Fernandez Martinez, on behalf of herself and all other persons similarly situated v. Keutek LLC, Case No. 1:25-cv-03915 (S.D.N.Y., May 9, 2025). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. KEUTEK -- https://keutek.com/ -- develops premium fast charging cables and adapters for Lightning, USB-C, and Micro USB devices.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal KINECTA FEDERAL CREDIT: Santamaria Files Suit in Cal. Super. Ct. ---------------------------------------------------------------- A class action lawsuit has been filed against Kinecta Federal Credit Union. The case is styled as Sergio Santamaria, individually, and on behalf of other similarly situated employees v. Kinecta Federal Credit Union, Case No. 25STCV13731 (Cal. Super. Ct., Los Angeles Cty., May 9, 2025). The case type is stated as "Other Employment Complaint Case (General Jurisdiction)." Kinecta Federal Credit Union -- https://www.kinecta.org/ -- is a federally chartered credit union based in Manhattan Beach, California.[BN] The Plaintiff is represented by: Ryan Quadrel, Esq. BLACKSTONE LAW, APC 8383 Wilshire Boulevard, Ste, 745 Beverly Hills, CA 90211 Phone: 310-622-4278 Fax: 855-786-6356 Email: rquadrel@blackstonepc.com KNOT WORLDWIDE: Faces MHA Suit Over Fake Lead Generating Services ----------------------------------------------------------------- MHA MARK RODMAN d/b/a RODMAN WEDDING PHOTOGRAPHY; ALANA BANNER d/b/a A SALON SANTA FE; ELITE CASINO EVENTS LLC d/b/a EMME PHOTO BOOTH; and DONA & NIK LLC d/b/a MORINA PHOTOGRAPHY, individually and on behalf of all others similarly situated, Plaintiffs v. THE KNOT WORLDWIDE INC., Defendant, Case No. 2:25-cv-03739 (C.D. Cal., April 28, 2025) is a class action against the Defendant for fraudulent inducement, declaratory relief, violations of California's Unfair Competition Law and New York General Business Law, intentional misrepresentation, and unjust enrichment. The case arises from the Defendant's alleged fraudulent and otherwise unfair business practice of inducing various wedding businesses and vendors to pay thousands of dollars for lead-generating services and advertising when the Defendant either does not generate any leads or the leads that it does generate are predominantly fake. The Defendant's conduct caused the Plaintiffs, and other similarly situated wedding businesses and vendors, monetary harm and requires declaratory as well as injunctive relief to address and prevent future harm. MHA Mark Rodman, doing business as Rodman Wedding Photography, is a wedding photography business in West Hills, California. Alana Banner, doing business as A Salon Santa Fe, is a hairdressing business in Santa Fe, New Mexico. Elite Casino Events LLC, doing business as Emme Photo Booth, is a photography business in Pittsburgh, Pennsylvania. Dona & Nik LLC, doing business as Morina Photography, is a photography business in Brooklyn, New York. The Knot Worldwide Inc. is a wedding and events planning company based in Maryland. [BN] The Plaintiffs are represented by: Abbas Kazerounian, Esq. Gil Melili, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 Email: ak@kazlg.com gil@kazlg.com - and - Jason A. Ibey, Esq. KAZEROUNI LAW GROUP, APC 321 N Mall Drive, Suite R108 St. George, UT 84790 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 Email: jason@kazlg.com LAUREL GROCERY: Eversole Sues Over Mass Layoffs w/out Prior Notice ------------------------------------------------------------------ BILLY EVERSOLE, individually and on behalf of those similarly situated, Plaintiff v. LAUREL GROCERY CO., LLC, Defendant, Case No. 6:25-cv-00083-CHB-HAI (E.D. Ken., May 2, 2025) is a class action complaint brought by the Plaintiff against the Defendant under the Worker Adjustment and Retraining Notification Act. According to the complaint, within 90 days of April 11, 2025, the Defendant terminated over 50 and/or at least 33% of active full-time employees, including Plaintiff, at the Defendant's facility. The Plaintiff brings this action, individually, and on behalf of other similarly situated former employees who worked for Defendant and were terminated as part of the foreseeable result of a mass lay off or plant closing ordered by Defendant on or around April 8, 2025, which was effectuated between April 11 and 24, 2025, and who did not provide 60 days' advance written notice of the job terminations, as required by the WARN Act. Laurel Grocery Co., LLC operates a facility located at 129 Barbourville Road, where Plaintiff and other similarly situated employees worked.[BN] The Plaintiff is represented by: Andrew E. Mize, Esq. J. Gerard Stranch, IV, Esq. Michael C. Iadevaia, Esq. STRANCH, JENNINGS, & GARVEY, PLLC 223 Rosa Parks Ave. Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Facsimile: (615) 255-5419 E-mail: amize@stranchlaw.com gstranch@stranchlaw.com miadevaia@stranchlaw.com - and - Samuel J. Strauss, Esq. Raina C. Borrelli, Esq. STRAUSS BORRELLI, LLP 613 Williamson St., Suite 201 Madison, WI 53703 Telephone: (608) 237-1775 Facsimile: (608) 509-4423 E-mail: sam@straussborrelli.com raina@straussborrelli.com - and - Lynn A. Toops, Esq. Ian Bensberg, Esq. COHENMALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Telephone: (317) 636-6481 E-mail: ltoops@cohenmalad.com ibensberg@cohenmalad.com LEGENDS OWO: Website Inaccessible to the Blind, Trippett Claims --------------------------------------------------------------- ALFRED TRIPPETT, on behalf of himself and all others similarly situated v. Legends OWO, LLC, Case No. 1:25-cv-03929-JPO (S.D.N.Y., May 12, 2025) contends that the Defendant failed to design, construct, maintain, and operate its website, https://www.oneworldobservatory.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired persons, in violation of the Americans with Disabilities Act. The Defendant is denying the blind and visually impaired persons throughout the United States with equal access to the goods and services Other Half Brewing Company provides to their non-disabled customers through its website, the suit alleges. The Plaintiff browsed and intended to buy a ticket on Oneworldobservatory.com. Despite his efforts, however, Plaintiff was denied an online experience like that of a sighted individual due to the Website’s lack of a variety of features and accommodations. Because Defendant's website, Oneworldobservatory.com, is not equally accessible to blind and visually-impaired consumers, it violates the ADA, asserts the suit. The Plaintiff seeks a permanent injunction to cause a change in Legends OWO's policies, practices, and procedures to that Defendant's website will become and remain accessible to blind and visually-impaired consumers. The complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination. Legends OWO provides to the public the website Oneworldobservatory.com, which offers consumers with access to an array of goods and services, including, the ability to explore three levels of the observatory, featuring interactive exhibits, dining options, and unique perspectives of New York's iconic skyline.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 E-mail: Glevyfirm@gmail.com LIVEPERSON INC: Damri Appeals Securities Suit Dismissal to 2nd Cir. ------------------------------------------------------------------- NOAM DAMRI is taking an appeal from a court order dismissing his lawsuit entitled Noam Damri, individually and on behalf of and all others similarly situated, Plaintiff, v. LivePerson, Inc., et al., Defendants, Case No. 1:23-cv-10517, in the U.S. District Court for the Southern District of New York. As previously reported in the Class Action Reporter, Lead Plaintiff Noam Damri brings this putative class action against LivePerson, Inc., and its chief executive officer Rob LoCascio and chief financial officer John Collins ("Officer Defendants"), alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and the implementing rule of the Securities and Exchange Commission ("SEC"). On May 31, 2024, the Plaintiff filed an amended complaint, which the Defendants moved to dismiss for failure to state a claim under Federal Rules of Civil Procedure 12(b)(6) and 9(b) on Aug. 1, 2024. The Defendants also moved to strike certain allegations in the amended complaint under Rule 12(f). On Mar. 19, 2025, Judge Paul A. Engelmayer entered an Order granting the Defendants' motion to dismiss. The dismissal was with prejudice. The Court denied the Defendants' motion to strike as moot. Judge Engelmayer held that the Plaintiff has already amended the complaint once and has forgone an additional opportunity to do so, per the parties' jointly proposed schedules. And he has not identified new factual allegations--for example, a solid factual basis on which to allege inaccurate or manipulated reported financials--that would cure the formidable pleading deficiencies reviewed, or explained how further investigation or diligence would rectify these deficiencies. For these reasons, Judge Engelmayer found the deficiencies of the amended complaint's claims are substantive, and further amendment would be futile. The Court, thus, denied the request to amend. The appellate case is entitled Damri v. LivePerson, Inc., Case No. 25-964, in the United States Court of Appeals for the Second Circuit, filed on April 21, 2025. [BN] Plaintiff-Appellant NOAM DAMRI, individually and on behalf of all others similarly situated, is represented by: Tamar A. Weinrib, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Defendants-Appellees LIVEPERSON, INC., et al. are represented by: Peter L. Simmons, Esq. FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP One New York Plaza New York, NY 10004 LUCID GROUP: Continues to Defend Securities Class Suit in Calif. ---------------------------------------------------------------- Lucid Group, Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from a securities class suit in the United States District Court for the Northern District of California. On April 1, 2022, and May 31, 2022, two alleged shareholders filed putative class actions under the federal securities laws in the United States District Court for the Northern District of California against Lucid Group, Inc. and certain officers of the Company relating to alleged statements, updated projections and guidance provided from late 2021 to early 2022. The two matters were consolidated as In re Lucid Group, Inc. Securities Litigation. The consolidated complaint named Lucid Group, Inc. and the Company's former chief executive officer and former chief financial officer as defendants, and generally alleged that defendants purportedly made false or misleading statements regarding delivery and revenue projections and related matters between November 15, 2021, and August 3, 2022. Defendants filed a motion to dismiss on February 23, 2023. On August 8, 2024, the Court granted in part and denied in part the motion to dismiss. On September 20, 2024, Plaintiffs filed an amended consolidated complaint, which named the Company and its former chief executive officer as defendants. Defendants filed a motion to dismiss the Amended Consolidated Complaint, in part, on December 6, 2024. A hearing on the motion to dismiss is currently scheduled for May 1, 2025. Defendants believe that the plaintiffs’ claims are without merit and intend to defend themselves vigorously, but they cannot ensure that their efforts to partially dismiss the amended consolidated complaint will be successful or that they will ultimately avoid liability in this matter. Lucid Group, Inc. is a technology and automotive company focused on designing, developing, manufacturing, and selling the next generation of electric vehicles, EV powertrains and battery systems. MARICOPA AMBULANCE: Fails to Properly Pay Paramedics, Todd Alleges ------------------------------------------------------------------ KEVIN TODD, on behalf of himself and all others similarly situated, Plaintiff v. MARICOPA AMBULANCE, LLC, Defendant, Case No. 2:25-cv-01419-SHD (D. Ariz., April 28, 2025) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act and failure to timely pay earned wages in violation of the Arizona Wage Act. The Plaintiff worked for the Defendant as a paramedic in Arizona from approximately April 2024 until November 2024. Maricopa Ambulance, LLC is a provider of emergency and non-emergency ambulance services, headquartered in Scottsdale, Arizona. [BN] The Plaintiff is represented by: Samuel R. Randall, Esq. RANDALL LAW PLLC 4742 North 24th Street, Suite 300 Phoenix, AZ 85016 Telephone: (602) 328-0262 Facsimile: (602) 926-1479 Email: srandall@randallslaw.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 Email: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Telephone: (713) 877-8788 Email: rburch@brucknerburch.com MASIMO CORP: Vasquez Class Suit Mediation Set for May 28 -------------------------------------------------------- Masimo Corp. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Vasquez securities class suit mediation is scheduled on May 28, 2025. On August 22, 2023, a putative class action complaint was filed by Sergio Vazquez against the Company and members of its management alleging violations of the federal securities laws (Securities Class Action). On November 14, 2023, the court appointed Boston Retirement System, Central Pennsylvania Teamsters Pension Fund-Defined Benefit Plan, and Central Pennsylvania Teamsters Pension Fund-Retirement Income Plan 1987 as lead plaintiffs. The lead plaintiffs filed an amended complaint on February 12, 2024. The amended complaint alleges that the Company and members of its management, from May 4, 2022 through August 8, 2023, disseminated materially false and misleading statements and/or concealed material adverse facts relating to the performance of its healthcare business and the success of the Company's legacy Sound United business. The Company moved to dismiss the amended complaint on April 29, 2024. On November 5, 2024, the court granted the motion in part, allowing the surviving claims to proceed to discovery. The parties intend to participate in a mediation scheduled for May 28, 2025. The Company believes it has good and substantial defenses to the claims in the amended complaint, but there is no guarantee that the Company will be successful in these efforts. Masimo Corporation, a medical technology company, develops, manufactures, and markets noninvasive monitoring technologies worldwide. Masimo Corporation was founded in 1989 and is headquartered in Irvine, California. MATTHEW DAUS: $140M Class Settlement in Nnebe Gets Final Nod ------------------------------------------------------------ In the class action lawsuit captioned as JONATHAN NNEBE, et al., v. MATTHEW DAUS, et al., Case No. 1:06-cv-04991-RJS (S.D.N.Y.), the Hon. Judge Richard Sullivan entered an order granting the Plaintiffs' motion for: (1) the preliminary approval of the proposed class settlement, (2) the issuance of notices to the proposed settlement class, and (3) the scheduling of a settlement fairness hearing. The Court will hold a fairness hearing on Aug. 13, 2025, at 10 a.m. in Courtroom 21C at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. The parties shall submit a motion for final approval of the Settlement Agreement, attaching all written objections received as exhibits and including the Plaintiffs requested attorneys' fees, by July 23, 2025. In brief, the Settlement Agreement would require settlement class members and the Plaintiffs to release Defendants from "all liability, claims, or rights of action which arise from the acts or omissions complained of in this Action." In return, Defendants will pay a total settlement amount of $140,000,000 "inclusive of awards to Class Members, Attorneys' Fees, Expenses, and Costs, including but not limited to the costs of a Claims Administrator." A copy of the Court's memorandum and order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=q7Gwns at no extra charge.[CC] MDL 2873: Transfer of 3 Suits to AFFF Product Liability Row Denied ------------------------------------------------------------------ Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation, denied the transfer of three cases to the United States District Court for the District of South Carolina for inclusion in the multi-district litigation captioned "In Re: Aqueous Film-Forming Foams Products Liability Litigation," MDL No. 2873. The three cases are pending in the United States District Court for the U.S. District Court for the Northern District of Alabama, Northern District of Illinois and the District of New Jersey, respectively. 3M Company moved to transfer the three actions. Plaintiffs in two of the actions opposed transfer. MDL No. 2873 involves allegations that aqueous film-forming foams (AFFFs) used at airports, military bases, or other locations to extinguish liquid fuel fires caused the release of perfluorooctane sulfonate (PFOS) and/or perfluorooctanoic acid (PFOA; collectively, these and other per- or polyfluoroalkyl substances are referred to as PFAS) into local groundwater and contaminated drinking water supplies. Plaintiffs in each of the three actions allege that they were injured, inter alia, by PFAS contamination of groundwater. Because no plaintiff alleges injury due to AFFF manufacture, use, or disposal, 3M "bears a significant burden to persuade us that transfer is appropriate and will not undermine the efficient progress of the AFFF MDL," according to the panel. In moving for transfer, 3M argues that the "Shelby County" action will involve AFFF issues and presents an expert declaration by Samuel A. Flewelling, Ph.D., in which he concludes that AFFF released at the Anniston Army Depot contributed to the PFAS in plaintiffs' water supply. Plaintiffs insist that their claims are limited to PFAS stemming from Dalton, Georgia. They also challenge Dr. Flewelling's conclusions, arguing, inter alia, that his opinions are based on conjecture, and, at most, his declaration suggests that AFFF could be responsible for 0.94% of the PFAS in plaintiffs' water supply. The panel holds that it is neither well-situated nor inclined to weigh the merits of the parties' opposing characterizations of Dr. Flewelling's opinions. "Nor do we need to do so here" the panel says. "The complaint in Shelby County focuses entirely on the carpet industry in Dalton, Georgia. This action thus is substantially similar to actions centered on non-AFFF industrial discharges, which the Panel generally has not transferred." Meanwhile, the plaintiff in the "Dupper" action alleges that her decedent developed breast cancer caused by PFAS discharges from DuPont's Chambers Works chemical plant and Solvay's Thorofare chemical plant, neither of which manufactured AFFF. The panel states that "Dupper" is being litigated in an efficient manner with other actions sharing common factual questions regarding the Chambers Works and the Thorofare facility. It is already part of a consolidated and efficiently organized proceeding in the District of New Jersey. Finally, the panel declines to transfer the "Noland" action -- in which plaintiff alleges that he developed chronic lymphocytic leukemia caused by PFAS discharged from a 3M facility located in Cordova, Illinois -- because of the unique nature of plaintiff's allegations. Only one of the 33 counts in the "Noland" complaint is directed to 3M and the Cordova facility. "This action may well be a better fit for MDL No. 2741 -- In re Roundup Products Liability Litigation, as much of the complaint (and most of the claims) are directed to Monsanto and retailers that sold Roundup to plaintiff, and his alleged injury is one commonly alleged in that MDL," rules the panel. A full-text copy of the court's April 3, 2025 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2873-Order_Denying_Transfer-3-25.pdf MDL 2873: Two Suits Consolidated in AFFF Product Liability Row -------------------------------------------------------------- Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation, transfers two cases from the U.S. District Court for the Central District of Illinois to the District of South Carolina and, with the consent of that court, assigned to Judge Richard M. Gergel for coordinated or consolidated pretrial proceedings in the multi-district litigation captioned "In Re: Aqueous Film-Forming Foams Products Liability Litigation," MDL No. 2873. Defendant 3M Company moved to transfer the actions to the District of South Carolina for inclusion in MDL No. 2873. No party responded to this motion. MDL No. 2873 involves allegations that aqueous film-forming foams (AFFFs) used at airports, military bases, or certain industrial locations caused the release of per- or polyfluoroalkyl substances (PFAS) into local groundwater and contaminated drinking water supplies. The actions in the MDL share factual questions concerning the use and storage of AFFFs; the toxicity of PFAS and the effects of these substances on human health; and these substances' chemical properties and propensity to migrate in groundwater supplies. Plaintiffs in the two actions allege that they developed cancer caused by the contamination of their drinking water by PFAS discharged from a 3M facility located in Cordova, Illinois, notes the panel. 3M has provided evidence (in the form of a detailed declaration by the Environmental Supervisor at the Cordova facility) that AFFF has been used at the Cordova facility for fire suppression since 1969 and that, historically, wastewater containing AFFF was discharged, spilled, or released at the facility. Accordingly, transfer of these actions is "consistent with our past practice of transferring actions involving industrial facilities where the alleged PFAS contamination is attributable to use of an AFFF fire suppression system," rules the panel. "3M has met its burden of demonstrating that transfer of these actions, which on the face of the complaints do not reference AFFF, is appropriate." A full-text copy of the court's April 3, 2025 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2873-Transfer_Order-3-25.pdf MDL 3010: Google Has Until May 23 to File Bid to Seal Filings ------------------------------------------------------------- In the class action lawsuit re: Google Digital Advertising Antitrust Litigation, Case No. 1:21-md-03010-PKC (S.D.N.Y.), the Hon. Judge P. Kevin Castel entered an order concerning motions to seal class certification briefing. The Court grants Google's unopposed request to extend the deadline to move to seal portions of Publisher Plaintiffs' and Advertiser Plaintiffs' motions for class certification and supporting filings. Google shall file any motions to seal related to these filings by May 23, 2025. Pending the hearing and determination, the portions originally filed under seal shall remain sealed. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=6YTJvR at no extra charge.[CC] MDL 3035: Employee Retirement Plan Suit Seeks Class Certification ----------------------------------------------------------------- In the class action lawsuit RE: AME Church Employee Retirement Fund Litigation (MDL 3035), Case No. 1:22-md-03035 (W.D. Tenn.), the Plaintiffs ask the Court to enter an order certifying the following Class: "All persons who were participants, or were those Participants' respective beneficiaries entitled to benefits, in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan on June 30, 2021." All current and past Defendants are excluded from the Class. The Plaintiffs further request that the Court appoint the undersigned counsel as Class Counsel and appoint the named Plaintiffs as Class Representatives. Newport is an independent provider of retirement plans, insurance and consulting services. A copy of the Plaintiffs' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=F8w6jP at no extra charge.[CC] The Plaintiffs are represented by: Interim Co-Lead Counsel Matthew E. Lee, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 Facsimile: (919) 600-5035 E-mail: mlee@milberg.com - and - Gregorio A. Francis, Esq. OSBORNE & FRANCIS LAW FIRM, PLLC 2707 E. Jefferson Street Orlando, FL 32803 Telephone: (561) 293-2600 Facsimile: (561) 923-8100 E-mail: gfrancis@realtoughlawyers.com - and - J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Facsimile: (615) 255-5419 E-mail: gstranch@stranchlaw.com - and - Susan L. Meter, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886-2525 Facsimile: (818) 350-6274 E-mail: smeter@kantorlaw.net - and - Kenneth S. Byrd, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 222 2nd Ave S Nashville, TN 37210 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 E-mail: kbyrd@lchb.com - and - Dhamian Blue, Esq. BLUE LLP Raleigh, NC 27602 Telephone: (919) 833-1931 Facsimile: (919) 833-8009 E-mail: dab@bluellp.com - and - Richard Schulte, Esq. WRIGHT & SCHULTE LLC 865 S. Dixie Dr. Vandalia, OH 45377 Telephone: (937) 435-9999 Facsimile: (937) 435-7511 E-mail: rschulte@yourlegalhelp.com - and - Julie Nepveu AARP Foundation 601 E Street, NW Washington, DC 20049 Telephone: (202) 434-2075 Facsimile: (202) 434-6424 E-mail: jnepveu@aarp.org MENTOR TECHNICAL: Ortiz Suit Removed to S.D. California ------------------------------------------------------- The case captioned as Gabriel Ortiz, on behalf of himself and all others similarly situated, and on behalf of the general public v. MENTOR TECHNICAL GROUP INTERNATIONAL LLC, a Delaware Limited Liability Company, GILEAD SCIENCES, INC., a Delaware Corporation, and DOES 1 through 10, inclusive, Case No. 25CU011931N was removed from the Superior Court of California, County of San Diego, to the United States District Court for the Southern District of California on May 9, 2025, and assigned Case No. 3:25-cv-01198-BEN-AHG. The Plaintiff alleges that Defendants "paid him and Defendant's California employees their final wages beyond the time frames set forth in Labor Code." Specifically, Plaintiff alleges that Defendants failed to pay certain premium wages, which resulted in Defendants' failure to pay "all final wages due and owing for the entirety of putative class members' employment" which "violates Labor Codes."[BN] The Defendants are represented by: Zachary P. Hutton, Esq. Andrea Fellion, Esq. Luis Arias, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations Four Embarcadero Center, 17th Floor San Francisco, California 94111-4109 Phone: 415.434.9100 Facsimile: 415.434.3947 Email: zhutton@sheppardmullin.com afellion@sheppardmullin.com larias@sheppardmullin.com MERRILL LYNCH: July 11 Stock Loan Class Action Opt-Out Deadline Set ------------------------------------------------------------------- A Notice of Pendency has been given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of New York (the "Court") to inform class members of a class action lawsuit that is now pending in the Court against Merrill Lynch, Pierce, Fenner & Smith Incorporated, Merrill Lynch L.P. Holdings, Inc., and Merrill Lynch Professional Clearing Corp. (collectively, "Merrill Lynch"). Plaintiffs allege that Defendants conspired to block and boycott new offerings that would have increased competition and improved the efficiency and transparency of the market, in violation of Section 1 of the Sherman Act, 15 U.S.C. Sec. 1. All Defendants dispute Plaintiffs' allegations and deny they did anything wrong. The purpose of this new notice is to inform class members that the Court has ordered that the action proceed against non-settling Prime Broker Defendant Merrill Lynch as a class action, on behalf of the Class defined below. This notice relates to a new case development that will impact your rights regardless of your prior participation or exclusion from prior settlements in the case. The litigation "Class" certified by the Court consists of: All persons and entities who, directly or through an agent, entered into at least 100 U.S. Stock Loan Transactions as a borrower from the prime brokerage businesses of the U.S.-based entities of the Prime Broker Defendants,1 or at least 100 U.S. Stock Loan Transactions as a lender of Hard-to-Borrow stock to the U.S.-based entities of the Prime Broker Defendants, from January 1, 2012 until November 17, 2017. Excluded from the Class are: Defendants, as well as Citadel LLC, Two Sigma Investments, PDT Partners, Renaissance Technologies LLC, TGS Management, Voloridge Investment Management, and the D.E. Shaw Group and their corporate parents, subsidiaries, and wholly owned affiliates, as well as any federal governmental entity, any judicial officer presiding over this action, and any juror assigned to this action. There are two Subclasses: "End-User Subclass": All persons and entities within the class who, directly or through an agent, entered into at least 100 U.S. Stock Loan Transactions as a borrower from the prime brokerage businesses of the U.S.-based entities of the Prime Broker Defendants during the Class Period; and The "Beneficial Owner Subclass": All persons and entities within the class who, directly or through an agent, entered into at least 100 U.S. Stock Loan Transactions as a lender of Hard-to-Borrow stock to the U.S-based entities of the Prime Broker Defendants during the Class Period. Your Options: Do Nothing: If you do nothing and you qualify as a Class Member, you will remain a member of the Class and be bound by all and judgments in the Action. If any money is awarded to the Class, you may be eligible to receive a share of that money. If you remain in the Class, you may not sue the Defendants on your own behalf with regard to any of the issues in this Action. Exclude Yourself: If you exclude yourself from the Class, you will not be bound by any judgments in this Action, or be eligible to share in any recovery obtained in this Action. You will preserve your rights, if any, to individually sue the Defendants about the same claims asserted in the Action. If you wish to exclude yourself, you must submit by U.S. first class mail or deliver a written request to the Notice Administrator so that it is received by July 11, 2025. Please do not contact the Court regarding this Notice. Inquiries concerning this Notice or any other questions by Class Members should be directed to: Iowa Public Employees' Retirement System v. Bank of America Corp. c/o Epiq P.O. Box 2057 Portland, OR 97208-2057 Tel: 1-888-890-9826 Email: MerrillLynchCertifiedClass@StockLoanSettlements.com Website: www.MerrillLynchCertifiedClass.StockLoanSettlements.com More detailed information about your rights and options can be found at www.MerrillLynchCertifiedClass.StockLoanSettlements.com or by calling toll-free 1-888-890-9826. "Prime Broker Defendants" means Credit Suisse Group AG; Credit Suisse AG; Credit Suisse Securities (USA) LLC; Credit Suisse First Boston Next Fund, Inc.; Credit Suisse Prime Securities Services (USA) LLC; Goldman, Sachs & Co. LLC; and Goldman Sachs Execution & Clearing, L.P. (merged into Goldman, Sachs & Co. LLC as of June 12, 2017); J.P. Morgan Securities LLC; J.P. Morgan Prime, Inc.; J.P. Morgan Strategic Securities Lending Corp.; JPMorgan Chase Bank, N.A.; Morgan Stanley; Morgan Stanley Capital Management, LLC; Morgan Stanley & Co. LLC; Morgan Stanley Distribution, Inc.; Prime Dealer Services Corp.; Strategic Investments I, Inc.; UBS AG; UBS Americas Inc.; UBS Securities LLC; UBS Financial Services Inc; Merrill Lynch, Pierce, Fenner & Smith Inc.; Merrill Lynch L.P. Holdings, Inc.; and Merrill Lynch Professional Clearing Corp. URL: www.MerrillLynchCertifiedClass.StockLoanSettlements.com MONEY SOURCE: Hiller Suit Seeks to Certify Rule 23 Class -------------------------------------------------------- In the class action lawsuit captioned as Natasha Hiller, v. Money Source Incorporated, Case No. 2:23-cv-00235-JJT (D. Ariz.), the Hon. Judge John Tuchi entered an order granting the Plaintiff's motion for class certification and appointment of class Counsel. The Court further entered an order certifying the following class under Rule 23: "All persons throughout the United States or its territories (1) to whom Defendant placed, or caused to be placed, a call, (2) directed to a number assigned to a cellular telephone service, (3) in connection with which Defendant used an artificial or prerecorded voice, (4) after the called party requested that Defendant stop placing telephone calls using an artificial or prerecorded voice to their cellular telephone, as recorded in Defendant’s business records, (5) from four years prior to the filing of the Complaint through the date of class certification." Natasha Hiller us appointed as the class representative and The Weitz Firm, LLC and The Law Office of Chris R. Miltenberger, PLLC are appointed as Class Counsel. Money provides financial services. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=o0fqaq at no extra charge.[CC] NAPCO SECURITY: Faces Patel Suit Over Drop of Securities Price -------------------------------------------------------------- SHAILESH PATEL, individually and on behalf of all others similarly situated, Plaintiff v. NAPCO SECURITY TECHNOLOGIES, INC., RICHARD L. SOLOWAY and KEVIN S. BUCHEL, Defendants, Case No. 1:25-cv-02308 (E.D.N.Y., April 25, 2025) is a class action against the Defendants for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. According to the complaint, the Defendants made materially false and misleading statements regarding Napco's business, operations, and prospects in order to trade Napco securities at artificially inflated prices between February 5, 2024, to February 3, 2025. Specifically, the Defendants disseminated materially false and misleading statements and/or concealing material adverse facts concerning the true state of Napco's ability to forecast the demand for its products or otherwise the true state of Napco's negotiating position with distributors; notably, that, despite making lofty long-term projections and claiming one-off setbacks to hardware sales, Napco's forecasting processes fell short as sales continued to decline and, ultimately, derailed the company's long-term projections. When the truth emerged, Napco's stock price fell to $26.93 per share on February 3, 2025, a decline of about 26.62 percent in the span of just a single day. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the company's securities, the Plaintiff and Class members have suffered significant losses and damages. Napco Security Technologies, Inc. is a manufacturer of high-tech electronic security devices, with its principal executive offices located in Amityville, New York. [BN] The Plaintiff is represented by: Adam M. Apton, Esq. LEVI & KORSINSKY, LLP 33 Whitehall Street, 17th Floor New York, NY 10004 Telephone: (212) 363-7500 Facsimile: (212) 363-7171 Email: aapton@zlk.com NEW CIBO: Faces Move Suit Over Mislabeled Probiotic Products ------------------------------------------------------------ MICHELLE MOVE, individually and on behalf of all others similarly situated, v. NEW CIBO VITA, LLC, Case No. 2:2025cv04148 (D.N.J., May 12, 2025) is a class action suit brought against Cibo Vita on behalf of all persons who purchased the Defendant's Nature's Garden Probiotic Strawberry Yoggies and Nature's Garden Probiotic Mixed Berry Yoggies. According to the complaint, Cibo Vita sells Trail Mixes, Nut Snacks, and Probiotic Fruit Snacks. These snacks are sold at bulk stores, grocery stores, and local market stores, including Costco, Acme, ShopRite, and Save a Lot, to name just a few in the State of New Jersey. Cibo Vita advertises the functionality of their Probiotic Fruit Snacks, saying on their website, "Our snacks make no compromises on flavor while delivering functional benefits. Committed to wellness innovation, we offer a range of delicious fruit snacks enhanced with billions of probiotics and packed with fiber to support digestive wellness and immune health." One of Cibo Vita's most popular snacks under their "Probiotic Fruit Snacks" line is their "Probiotic Yoggies." Cibo Vita's Probiotic Yoggies are sold in Strawberry and Mixed Berry flavors., However, despite Cibo Vita's bold assertion of the presence of "2 BILLION PROBIOTIC CULTURES," those probiotics are nowhere to be found in the products themselves. Far from what Cibo Vita claims, Plaintiff's independent testing verified that a serving of Yoggies does not contain 2 billion probiotic cultures or anywhere near it, asserts the suit. Cibo Vita's "NO ARTIFICIAL INGREDIENTS" claim is no more truthful. Yoggies' labeling lists chemically engineered and artificially processed ingredients, namely, Microencapsulated Probiotic Lactobacillus Rhamnosus GG," the suit adds. Cibo Vita owns and manufactures Nature's Garden snacks, which is a prominent snack brand that is sold widely throughout the Unites States. Touting itself as a healthy and all-natural snack option, Cibo Vita promotes its brand as one where consumers can "Snack With Purpose."[BN] The Plaintiff is represented by: Joseph I. Marchese, Esq. Philip L. Fraietta, Esq. Eleanor R. Grasso, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 100019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: jmarchese@bursor.com pfraietta@bursor.com egrasso@bursor.com NEWPORT GROUP: Alexander Suit Seeks Class Status ------------------------------------------------ In the class action lawsuit captioned as Alexander v. Harris, et al., (RE: AME CHURCH EMPLOYEE RETIREMENT FUND LITIGATION), Case No. 1:22-cv-01128 (W.D. Tenn.), the Plaintiffs ask the Court to enter an order certifying the following Class: "All persons who were participants, or were those Participants' respective beneficiaries entitled to benefits, in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan on June 30, 2021." All current and past Defendants are excluded from the Class. The Plaintiffs further request that the Court appoint the undersigned counsel as Class Counsel and appoint the named Plaintiffs as Class Representatives. Newport is an independent provider of retirement plans, insurance and consulting services. A copy of the Plaintiff's motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=k5QJBC at no extra charge.[CC] The Plaintiffs are represented by: Interim Co-Lead Counsel Matthew E. Lee, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 Facsimile: (919) 600-5035 E-mail: mlee@milberg.com - and - Gregorio A. Francis, Esq. OSBORNE & FRANCIS LAW FIRM, PLLC 2707 E. Jefferson Street Orlando, FL 32803 Telephone: (561) 293-2600 Facsimile: (561) 923-8100 E-mail: gfrancis@realtoughlawyers.com - and - J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Facsimile: (615) 255-5419 E-mail: gstranch@stranchlaw.com - and - Susan L. Meter, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886-2525 Facsimile: (818) 350-6274 E-mail: smeter@kantorlaw.net - and - Kenneth S. Byrd, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 222 2nd Ave S Nashville, TN 37210 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 E-mail: kbyrd@lchb.com - and - Dhamian Blue, Esq. BLUE LLP Raleigh, NC 27602 Telephone: (919) 833-1931 Facsimile: (919) 833-8009 E-mail: dab@bluellp.com - and - Richard Schulte, Esq. WRIGHT & SCHULTE LLC 865 S. Dixie Dr. Vandalia, OH 45377 Telephone: (937) 435-9999 Facsimile: (937) 435-7511 E-mail: rschulte@yourlegalhelp.com - and - Julie Nepveu AARP Foundation 601 E Street, NW Washington, DC 20049 Telephone: (202) 434-2075 Facsimile: (202) 434-6424 E-mail: jnepveu@aarp.org NEWPORT GROUP: Carmichael Suit Seeks Class Status ------------------------------------------------- In the class action lawsuit captioned as CARMICHAEL, JR. et al., v. HARRIS et al., (RE: AME CHURCH EMPLOYEE RETIREMENT FUND LITIGATION), Case No. 1:22-cv-01127 (W.D. Tenn.), the Plaintiffs ask the Court to enter an order certifying the following Class: "All persons who were participants, or were those Participants' respective beneficiaries entitled to benefits, in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan on June 30, 2021." All current and past Defendants are excluded from the Class. The Plaintiffs further request that the Court appoint the undersigned counsel as Class Counsel and appoint the named Plaintiffs as Class Representatives. Newport is an independent provider of retirement plans, insurance and consulting services. A copy of the Plaintiffs' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=JIS2xd at no extra charge.[CC] The Plaintiffs are represented by: Interim Co-Lead Counsel Matthew E. Lee, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 Facsimile: (919) 600-5035 E-mail: mlee@milberg.com - and - Gregorio A. Francis, Esq. OSBORNE & FRANCIS LAW FIRM, PLLC 2707 E. Jefferson Street Orlando, FL 32803 Telephone: (561) 293-2600 Facsimile: (561) 923-8100 E-mail: gfrancis@realtoughlawyers.com - and - J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Facsimile: (615) 255-5419 E-mail: gstranch@stranchlaw.com - and - Susan L. Meter, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886-2525 Facsimile: (818) 350-6274 E-mail: smeter@kantorlaw.net - and - Kenneth S. Byrd, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 222 2nd Ave S Nashville, TN 37210 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 E-mail: kbyrd@lchb.com - and - Dhamian Blue, Esq. BLUE LLP Raleigh, NC 27602 Telephone: (919) 833-1931 Facsimile: (919) 833-8009 E-mail: dab@bluellp.com - and - Richard Schulte, Esq. WRIGHT & SCHULTE LLC 865 S. Dixie Dr. Vandalia, OH 45377 Telephone: (937) 435-9999 Facsimile: (937) 435-7511 E-mail: rschulte@yourlegalhelp.com - and - Julie Nepveu AARP Foundation 601 E Street, NW Washington, DC 20049 Telephone: (202) 434-2075 Facsimile: (202) 434-6424 E-mail: jnepveu@aarp.org NEWPORT GROUP: Jackson Seeks Class Certification ------------------------------------------------ In the class action lawsuit captioned as Jackson v. Newport Group, Inc. et al., (RE: AME CHURCH EMPLOYEE RETIREMENT FUND LITIGATION), Case No. 2:22-cv-02174 (W.D. Tenn.), the Plaintiffs ask the Court to enter an order certifying the following Class: "All persons who were participants, or were those Participants' respective beneficiaries entitled to benefits, in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan on June 30, 2021." All current and past Defendants are excluded from the Class. The Plaintiffs further request that the Court appoint the undersigned counsel as Class Counsel and appoint the named Plaintiffs as Class Representatives. Newport is an independent provider of retirement plans, insurance and consulting services. A copy of the Plaintiff's motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=rpKIea at no extra charge.[CC] The Plaintiffs are represented by: Interim Co-Lead Counsel Matthew E. Lee, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 Facsimile: (919) 600-5035 E-mail: mlee@milberg.com - and - Gregorio A. Francis, Esq. OSBORNE & FRANCIS LAW FIRM, PLLC 2707 E. Jefferson Street Orlando, FL 32803 Telephone: (561) 293-2600 Facsimile: (561) 923-8100 E-mail: gfrancis@realtoughlawyers.com - and - J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Facsimile: (615) 255-5419 E-mail: gstranch@stranchlaw.com - and - Susan L. Meter, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886-2525 Facsimile: (818) 350-6274 E-mail: smeter@kantorlaw.net - and - Kenneth S. Byrd, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 222 2nd Ave S Nashville, TN 37210 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 E-mail: kbyrd@lchb.com - and - Dhamian Blue, Esq. BLUE LLP Raleigh, NC 27602 Telephone: (919) 833-1931 Facsimile: (919) 833-8009 E-mail: dab@bluellp.com - and - Richard Schulte, Esq. WRIGHT & SCHULTE LLC 865 S. Dixie Dr. Vandalia, OH 45377 Telephone: (937) 435-9999 Facsimile: (937) 435-7511 E-mail: rschulte@yourlegalhelp.com - and - Julie Nepveu AARP Foundation 601 E Street, NW Washington, DC 20049 Telephone: (202) 434-2075 Facsimile: (202) 434-6424 E-mail: jnepveu@aarp.org NEWPORT GROUP: Russ Retirement Plan Suit Seeks Class Certification ------------------------------------------------------------------ In the class action lawsuit captioned as Russ et al., v. Newport Group, Inc. et al., (RE: AME CHURCH EMPLOYEE RETIREMENT FUND LITIGATION), Case No. 1:22-cv-01129 (W.D. Tenn.), the Plaintiffs ask the Court to enter an order certifying the following Class: "All persons who were participants, or were those Participants' respective beneficiaries entitled to benefits, in the African Methodist Episcopal Church Ministerial Retirement Annuity Plan on June 30, 2021." All current and past Defendants are excluded from the Class. The Plaintiffs further request that the Court appoint the undersigned counsel as Class Counsel and appoint the named Plaintiffs as Class Representatives. Newport is an independent provider of retirement plans, insurance and consulting services. A copy of the Plaintiffs' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=WEOt21 at no extra charge.[CC] The Plaintiffs are represented by: Matthew E. Lee, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 Facsimile: (919) 600-5035 E-mail: mlee@milberg.com - and - Gregorio A. Francis, Esq. OSBORNE & FRANCIS LAW FIRM, PLLC 2707 E. Jefferson Street Orlando, FL 32803 Telephone: (561) 293-2600 Facsimile: (561) 923-8100 E-mail: gfrancis@realtoughlawyers.com - and - J. Gerard Stranch, IV, Esq. STRANCH, JENNINGS & GARVEY, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Facsimile: (615) 255-5419 E-mail: gstranch@stranchlaw.com - and - Susan L. Meter, Esq. KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, CA 91324 Telephone: (818) 886-2525 Facsimile: (818) 350-6274 E-mail: smeter@kantorlaw.net - and - Kenneth S. Byrd, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 222 2nd Ave S Nashville, TN 37210 Telephone: (615) 313-9000 Facsimile: (615) 313-9965 E-mail: kbyrd@lchb.com - and - Dhamian Blue, Esq. BLUE LLP Raleigh, NC 27602 Telephone: (919) 833-1931 Facsimile: (919) 833-8009 E-mail: dab@bluellp.com - and - Richard Schulte, Esq. WRIGHT & SCHULTE LLC 865 S. Dixie Dr. Vandalia, OH 45377 Telephone: (937) 435-9999 Facsimile: (937) 435-7511 E-mail: rschulte@yourlegalhelp.com - and - Julie Nepveu AARP Foundation 601 E Street, NW Washington, DC 20049 Telephone: (202) 434-2075 Facsimile: (202) 434-6424 E-mail: jnepveu@aarp.org O. REA & SONS: Breached Employment Contracts, Enrique-Garcia Says ----------------------------------------------------------------- HECTOR ENRIQUE-GARCIA, BALTAZAR ENRIQUE-GARCIA, on behalf of themselves and all others similarly situated, Plaintiffs v. O. REA & SONS HARVESTING & HAULING, INC.; OSWALDO REA, individually; YESENIA MERINO, individually, Defendants, Case No. 6:25-cv-00034-JRH-BKE (S.D. Ga., May 2, 2025) is a class action brought by the Plaintiff, on behalf of themselves and other similarly situated workers, to secure and vindicate their rights under the Fair Labor Standards Act and under Georgia contract law. According to the complaint, the Defendants violated the FLSA by failing to pay each Plaintiff, Opt-In Plaintiff and other similarly situated workers at least the required average minimum hourly wage for every compensable hour of labor performed in a workweek, including by failing to reimburse their pre-employment expenses as required by law. The Defendants breached Plaintiffs' and other similarly situated workers' employment contracts by failing to pay the contractually promised wage for all hours worked, says the suit. The Plaintiffs and others similarly situated seek their unpaid wages, liquidated damages, actual, incidental, consequential, and compensatory damages, and pre- and post-judgment interest. The Plaintiffs and others similarly situated were H-2A agricultural guestworkers admitted into the United States to work under the auspices of the H-2A program. O. Rea & Sons Harvesting & Hauling, Inc. maintains a principal place of business in Metter, Georgia and operates as a farm labor contractor.[BN] The Plaintiffs are represented by: James M. Knoepp, Esq. DAWSON MORTON, LLC 1612 Crestwood Drive Columbia, SC 29205 Telephone: (828) 379-3169 E-mail: jim@dawsonmorton.com - and - Dawson Morton, Esq. DAWSON MORTON, LLC 1808 Sixth St. Berkeley, CA 94710 Telephone: (404) 590-1295 E-mail: dawson@dawsonmorton.com POP FOODS: Faces Minauri Suit Over Wage & Hour Law Violations ------------------------------------------------------------- KARLA MINAURI, individually and on behalf of all others similarly situated v. POP FOODS SERVICES, INC.; ELA FOODS, INC.; and DOES 1 through 20, inclusive, Case No. 25STCV13809 (May 12, 2025) alleges that the Defendants engaged in a systematic pattern of wage and hour violations under the California Labor Code and Industrial Welfare Commission Wage Orders, all of which contribute to Defendants' deliberate unfair competition. The Plaintiff is a resident of California and worked for the Defendants. The Defendants provide services or goods throughout California.[BN] The Plaintiff is represented by: Samuel A. Wong, Esq. Kashif Haque, Esq. Jessica L. Campbell, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 E-mail: jcampbell@aegislawfirm.com POWERHOME TECHNOLOGIES: Landy Files Bid for Class Certification --------------------------------------------------------------- In the class action lawsuit captioned as BRENNAN LANDY, individually and on behalf of all others similarly situated, v. POWERHOME TECHNOLOGIES, LLC and JASJIT GOTRA, Case No. 1:23-cv-00241-WES-PAS (D.R.I.), the Plaintiff asks the Court to enter an order granting motion for class certification and certifying the following class: "Plaintiff Landy and all other persons in the United States who, from four years prior to the filing of the instant action through the date notice is disseminated, (1) received a telemarketing call made by PHT, Safe Home Safe, or any other of Gotra’s entities or any of PHT's sub-dealers, vendors, lead generators, or agents either promoting PHT's goods or services or that could have resulted in the installation of a PHT product, good, or service; (2) on the person's telephone; (3) featuring an artificial or pre-recorded voice." The Plaintiff contends that the Court should grant class certification, appoint Landyas the Class Representative and his Counsel as Class Counsel, and award such additional relief as the Court deems necessary, reasonable, and just. Power offers fire alarm systems, security cameras, and monitoring devices. A copy of the Plaintiff's motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=InNbKR at no extra charge.[CC] The Plaintiff is represented by: Patrick H. Peluso, Esq. PELUSO LAW, LLC Denver, Colorado 80220 Telephone: (720) 805-2008 E-mail: ppeluso@pelusolawfirm.com - and - Albin Moser, Esq. LAW OFFICES OF ALBIN MOSER, P.C. 166 Valley Street Building 6M, Suite 103 Providence, RI 02909 Telephone: (401) 861-2100 E-mail: albin@albinmoser.com POWERSCHOOL GROUP: Highland Joint Suit Transferred to S.D. Cal. --------------------------------------------------------------- The case captioned as Highland Joint School District #305, and all others similarly situated v. PowerSchool Group LLC, PowerSchool Holdings, Inc., Case No. 2:25-cv-00928 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 May 7, 2025. The District Court Clerk assigned Case No. 3:25-cv-01192-BEN-MSB 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 Plaintiffs are represented by: James Patrick Frantz William B. Shinoff FRANTZ LAW GROUP APLC 402 West Broadway, Suite 860 San Diego, CA 92101 Phone: (619) 233-5945 Fax: (619) 525-7672 Email: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com The Defendant is represented by: Anne Johnson Palmer 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 PROFESSIONAL FINANCE: Class Counsel Awarded $750K in Attys' Fees ---------------------------------------------------------------- In the class action lawsuit captioned as MARITZA RODRIGUEZ, et al., on behalf of themselves and all others similarly situated, v. PROFESSIONAL FINANCE COMPANY, INC., Case No. 1:22-cv-01679-RMR-STV (D. Colo.), the Hon. Judge Regina Rodriguez entered an order granting final approval of class action settlement: 1. The Court dismisses with prejudice all claims of the Participating Class Members against Defendant Professional Finance Company, Inc. in the Litigation, without costs and fees except as explicitly provided for in the Settlement Agreement. 2. The Court grants final approval of the appointment of Terence R. Coates of Markovits, Stock & DeMarco, LLC, Jean S. Martin of Morgan & Morgan, and Joseph M. Lyon of The Lyon Firm as Class Counsel. 3. The Court grants the Plaintiffs' motion for attorneys' fees, expenses, costs, and service awards. The Court awards Class Counsel $750,000.00 in attorneys' fees and $10,390.03 for the reimbursement of litigation costs and expenses, to be paid according to the terms of the Settlement Agreement. 4. The Court grants final approval of the appointment of Maritza Rodriguez, Jerry Blake, Natalie Willingham, Christopher Schroeder, Ryan McGarrigle, and Marko Skrabo as Class Representatives. 5. The Court awards each Class Representative a service award of $3,500 for their service to the Class. 6. The Court certifies the following Class for settlement purposes under Fed. R. Civ. P. 23(a) and 23(b)(3), subject to the Class exclusions set forth in the Settlement Agreement: The Settlement Class: "All persons whose personally identifiable information was identified as included in the Data Incident and to whom notice of the Data Incident was sent." Excluded from the Class is PFC and the affiliates, successors, heirs, and assigns of PFC. Excluded also from the Class are members of the judiciary to whom this case is assigned, their families and members of their staff. Professional is a national accounts receivable management company. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=b5Bswe at no extra charge.[CC] PURPLE INNOVATION: Continues to Defend Accessibility Suit in Minn. ------------------------------------------------------------------ Purple Innovation Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from the accessibility violations class suit in the United States District Court for the District of Minnesota. On April 15, 2025, a consumer filed a class action lawsuit in the U.S. District Court, District of Minnesota, against Purple LLC alleging website accessibility violations under the ADA and state law. The lawsuit seeks declaratory relief, class certification, attorneys' fees, costs, and other relief on behalf of the class. Purple LLC denies all allegations and intends to vigorously defend against these claims. Purple Innovation, LLC operates as a technology company. The Company designs and manufactures cushions, pillows, and other comfort products. [BN] PURPLE INNOVATION: Continues to Defend Accessibility Suit in N.Y. ----------------------------------------------------------------- Purple Innovation Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from the accessibility violations class suit in the United States District Court for the Eastern District of New York. On February 26, 2025, a consumer filed a class action lawsuit in the U.S. District Court, Eastern District of New York, against Purple LLC alleging website accessibility violations under the ADA and state law. The lawsuit seeks declaratory relief, class certification, attorneys' fees, costs, and other relief on behalf of the class. Purple LLC denies all allegations and intends to vigorously defend against these claims. Purple Innovation, LLC operates as a technology company. The Company designs and manufactures cushions, pillows, and other comfort products. [BN] PURPLE INNOVATION: Continues to Defend Labor Class Suit in Alameda ------------------------------------------------------------------ Purple Innovation Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from the wages, overtime class suit in the California Superior Court in the County of Alameda. On July 24, 2024, a former part-time employee filed a class action lawsuit against Purple LLC in California Superior Court in the County of Alameda alleging failure to pay all wages, failure to pay overtime pay rate, failure to provide all meal periods, and other employment-related causes of action. The suit seeks damages, interest, attorneys' fees, costs and other relief on behalf of all non-exempt California employees of Purple LLC during the applicable statutory periods. On September 30, 2024, the plaintiffs filed an amended complaint adding a claim for penalties under California's Private Attorneys General Act. Subsequent to this, Purple LLC and the plaintiffs agreed to mediate the claims and to stay formal discovery pending mediation, which is currently scheduled to take place on May 8, 2025. Purple LLC denies all allegations and intends to vigorously defend against these claims. Purple Innovation, LLC operates as a technology company. The Company designs and manufactures cushions, pillows, and other comfort products. [BN] PURPLE INNOVATION: Continues to Defend NOL Rights Plan Class Suit ----------------------------------------------------------------- Purple Innovation Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that company continues to defend itself from the NOL Rights Plan class suit in the Court of Chancery of the State of Delaware. On February 10, 2025, a shareholder of the Company filed a class action lawsuit in the Court of Chancery of the State of Delaware against Purple Inc. and the individual members of the Board alleging that Section 29 of the NOL Rights Plan violates Delaware General Corporate Law Sections 102(b)(7) and 141(a). The suit seeks declaratory relief, attorneys’ fees, costs, and other relief on behalf of the class. The Company denies all allegations and intends to vigorously defend against these claims. Purple Innovation, LLC operates as a technology company. The Company designs and manufactures cushions, pillows, and other comfort products. [BN] QUALITY CARRIERS: Smith Bid for Class Cert. Denied as Moot ---------------------------------------------------------- In the class action lawsuit captioned as Smith, et al., v. Quality Carriers, Inc., Case No. 8:24-cv-02815 (M.D. Fla., Filed Dec. 6, 2024), the Hon. Judge Virginia M. Hernandez Cov entered an order denying as moot the Plaintiffs' motion for class certification in light of the Court's order striking Plaintiffs' class and collective allegations and finding that the class and collective action waivers should be enforced. The suit alleges violation of the Fair Labor Standards Act (FLSA). Quality Carriers Inc. was founded in 2002. The Company's line of business includes providing trucking transportation services.[CC] RB GLOBAL: Civil Standing Order Entered in Haxton Class Suit ------------------------------------------------------------ In the class action lawsuit captioned as HAXTON MASONRY, INC., v. RB GLOBAL, INC., et al., Case No. 2:25-cv-03902-HDV-E (C.D. Cal.), the Hon. Judge entered a civil standing order as follows: The Plaintiff shall promptly serve the Complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Local Rule 5-3 with respect to all proofs of service. Any answers filed in state court must be refiled in this Court as a supplement to the Notice of Removal. Any pending motions must be re-noticed in accordance with the Local Rules. The Court hears status conferences and scheduling conferences on Thursdays at 10:00 a.m. Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f), the Court will issue an Order Setting a Scheduling Conference. Unless otherwise ordered, no later than fourteen (14) days before the Scheduling Conference, counsel shall file a Joint Rule 26(f) Report. All discovery matters are referred to the assigned Magistrate Judge. Proposed protective orders must also be submitted to the Magistrate Judge. RB provides a marketplace for insights, services, and transaction solutions for commercial assets and vehicles. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=cTlgwf at no extra charge.[CC] RESTAURANT BRANDS: Illegally Tracks Website Users, Pemberton Says ----------------------------------------------------------------- DANIEL PEMBERTON, individually and on behalf of all others similarly situated, Plaintiff v. RESTAURANT BRANDS INTERNATIONAL, INC. and RESTAURANT BRANDS INTERNATIONAL US SERVICES LLC, Defendants, Case No. 3:25-cv-03647-JCS (N.D. Cal., April 25, 2025) is a class action against the Defendants for invasion of privacy, intrusion upon seclusion, wiretapping and use of a pen register in violation of the California Invasion of Privacy Act, common law fraud, deceit and/or misrepresentation, unjust enrichment, and trespass to chattels. The case arises from the Defendants' practice of tracking website visitors' browsing activities and eavesdropping on their private communications using third parties' cookies without appropriate consent. The third parties analyze and aggregate this user data across websites and time for their own purposes and financial gain. Further, the third parties share user data and/or user profiles to unknown parties to further their financial gain, suit says. As a result of the Defendants' misconduct, the Plaintiff and similarly situated individuals incurred damages, says the suit. Restaurant Brands International, Inc. is a restaurant company headquartered in Toronto, Canada. Restaurant Brands International US Services LLC is a subsidiary of Restaurant Brands International, Inc., headquartered in Miami, Florida. [BN] The Plaintiff is represented by: Seth A. Safier, Esq. Marie A. McCrary, Esq. Todd Kennedy, Esq. GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 639-9090 Facsimile: (415) 449-6469 Email: seth@gutridesafier.com marie@gutridesafier.com todd@gutridesafier.com ROBERT HALF: $2.25MM Class Settlement in Magallon Gets Final Nod ---------------------------------------------------------------- In the class action lawsuit captioned as BONNIE MAGALLON, on behalf of herself and all others similarly situated, v. ROBERT HALF INTERNATIONAL INC., Case No. 6:13-cv-01478-SI (D. Or.), the Hon. Judge Michael H. Simon entered an order granting the Plaintiffs' unopposed motion for final approval of Class Settlement. The Court approves a service award in the amount of $15,000 to the named Plaintiff. Although the requested incentive award is about fifteen times greater than that of the unnamed Settlement Class Members, the named Plaintiff has been involved in this litigation for more than a decade and has committed significant time to this case. Thus, the Court finds that the requested service award is reasonable. The Court previously granted a motion for class certification, certifying a class, which the Court later edited without objection from the parties. The operative definition of the class and the class period is: "All natural persons residing in the United States (including territories and other political subdivisions) who: (i) applied for temporary employment placement through the Defendant; (ii) about whom the Defendant obtained a consumer report for employment purposes from General Information Services, Inc. between Oct. 1, 2010, and Nov. 30, 2017; (iii) the consumer report contained either a red flag or a yellow flag; and (iv) the Defendant determined the applicant was "not placeable." The class definition also excludes any individuals who signed the Defendant's arbitration acknowledgment form and did not opt out of the arbitration agreement within 30 days. The Settlement amount is $2,258,909.85, consisting of an award of $955.95 to each Settlement Class Member. Robert Half is a staffing company that connects applicants with temporary jobs. A copy of the Court's opinion and order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=KHCL6D at no extra charge.[CC] The Plaintiff is represented by: Robert S. Sola, Esq. ROBERT S. SOLA, PC 1500 SW First Avenue, Suite 800 Portland, OR 97201 - and - James A. Francis, Esq. John Soumilas, Esq. Lauren K.W. Brennan FRANCIS MAILMAN SOUMILAS PC, 1600 Market Street, Suite 2510 Philadelphia, PA 19103 The Defendant is represented by: Sarah J. Crooks, Esq. PERKINS COIE LLP 1120 NW Couch Street, Tenth Floor Portland, OR 97209 - and - Robert T. Quackenboss, Esq. Kevin J. White, Esq. Evangeline C. Paschal, Esq. Roland M. Juarez, Esq. HUNTON ANDREWS KURTH LLP 2200 Pennsylvania Avenue NW Washington, DC 20037 ROBERT HALF: Plaintiffs Awarded $4M in Atty's Fees -------------------------------------------------- In the class action lawsuit captioned as BONNIE MAGALLON, on behalf of herself and all others similarly situated, v. ROBERT HALF INTERNATIONAL INC., Case No. 6:13-cv-01478-SI (D. Or.), the Hon. Judge entered an order granting in part and denying in part the Plaintiffs' motion for attorney fees, costs, and litigation expenses. The Court awards Plaintiffs $4,076,999.77 in Attorney's fees and $103,364.46 in costs. The Court does not exclude costs related to Dr. Willis. The Court holds that the Plaintiffs' expenses for long-distance phone charges, photocopying, and postage are recoverable. The charges for out-of-state counsel are also reasonable. The Court thus awards Plaintiffs' requested costs in full. The Plaintiff Magallon, on behalf of a certified class, contends that Defendant Robert Half International Inc. violated the Fair Credit Reporting Act. The parties filed a notice of settlement on Oct. 11, 2024. Robert Half is a staffing company that connects applicants with temporary jobs. A copy of the Court's opinion and order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=PvFLux at no extra charge.[CC] The Plaintiff is represented by: Robert S. Sola, Esq. ROBERT S. SOLA, PC 1500 SW First Avenue, Suite 800 Portland, OR 97201 - and - James A. Francis, Esq. John Soumilas, Esq. Lauren K.W. Brennan FRANCIS MAILMAN SOUMILAS PC, 1600 Market Street, Suite 2510 Philadelphia, PA 19103 The Defendant is represented by: Sarah J. Crooks, Esq. PERKINS COIE LLP 1120 NW Couch Street, Tenth Floor Portland, OR 97209 - and - Robert T. Quackenboss, Esq. Kevin J. White, Esq. Evangeline C. Paschal, Esq. Roland M. Juarez, Esq. HUNTON ANDREWS KURTH LLP 2200 Pennsylvania Avenue NW Washington, DC 20037 RYAN SANDERS: Faces Nunez FLSA Class Suit Over Unpaid Tips ---------------------------------------------------------- JENNIFER NUNEZ, on behalf of herself and others similarly situated v. RYAN SANDERS SPORTS SERVICES, LLC, d/b/a RS3 STRATEGIC HOSPITALITY and REESE RYAN, Case No. 1:25-cv-00710 (W.D. Tex., May 12, 2025) is a class action suit for unpaid tips and liquidated damages pursuant to the Fair Labor Standards Act. Accordingly, the Defendants have a practice and policy of retaining portions of tips intended for Defendants' servers in violation of the Fair Labor Standards Act. The Plaintiff and others similarly situated occupied the position of server, concession stand workers, and bartenders. The RS3 required its servers, bartenders, and concession workers to participate in a tip pooling/sharing arrangement. Throughout the Plaintiff's employment, the Defendants have unlawfully retained a portion of the tip pool and denied those tips to the servers, bartenders, and concession stand workers in violation of 29 U.S.C. section 203(m)(2)(B). Throughout the employment of Plaintiff and others similarly situated, Defendants repeatedly and willfully violated Sections 6 and of the FLSA by retaining the tips earned by Plaintiff and others similarly situated. The Plaintiff preliminarily define this Class as: "All current or former servers, concession stand workers, and bartenders during the past three years." The Defendants operate a business which provides catering and food-services primarily to sports venues such as Dell Diamond in Round Rock, Texas.[BN] The Plaintiff is represented by: Charles L. Scalise, Esq. ROSS SCALISE LAW GROUP 1104 San Antonio Street Austin, Texas 78701 Telephone:(512) 474-7677 Facsimile:(512) 474-5306 E-mail: Charles@rosslawpc.com SAFE BOX: Bid for Approval of California PAGA Settlement Tossed --------------------------------------------------------------- In the class action lawsuit captioned as JANICE GILMORE, v. SAFE BOX LOGISTICS, INC., et al., Case No. 3:21-cv-06917-AMO (N.D. Cal.), the Hon. Judge Araceli Martinez-Olguin entered an order denying Gilmore's second amended motion for approval of the California Private Attorneys General Act ("PAGA") settlement and motion for attorneys' fees and reimbursement of costs. Accordingly, any renewed motion for PAGA settlement approval must be filed by no later than June 9, 2025. In addition to addressing the issues, the renewed motion should comply with all aspects of the District's Procedural Guidance for Class Action Settlements. If Gilmore requires additional time, she shall seek it no later than May 16, 2025. Should Gilmore elect to not file a renewed motion for PAGA settlement approval by June 9, 2025, the parties must file a joint status report no later than June 24, 2025, with a proposal for how this litigation should proceed, the Court says. The motion does not identify Defendant Safe Box Logistics, Inc.'s maximum possible PAGA liability or assess the strengths and weaknesses of each labor code violation alleged in the operative complaint, making it difficult for the Court to determine whether the proposed settlement amount is fair, adequate, and reasonable. The case is a proposed wage and hour class and representative action in which Plaintiff Janice Gilmore again seeks approval of a settlement covering only claims under the PAGA. Safe offers comprehensive freight forwarding, customs clearance, relocation and warehousing solutions. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=VyqcCv at no extra charge.[CC] SAIA MOTOR: Class Cert Hearing in Moore Suit Continued to July 18 ----------------------------------------------------------------- In the class action lawsuit captioned as MICHAEL MOORE, v. SAIA MOTOR FREIGHT LINE, LLC, et al., Case No. 2:24-cv-03156-FLA-E (C.D. Cal.), the Hon. Judge Fernando Aenlle-Rocha entered an order granting ex parte application to continue last date to hear motion for class certification and denying motion to strike class claims as moot. On April 30, 2025, the Plaintiff Moore filed an ex parte application to continue the last date to hear the motion for class certification. The Defendant opposes the Application. Having considered and reviewed the Application and finding good cause therefor, the court grants the Application, as modified, and continues the last date to hear the motion for class certification from May 16, 2025, to July 18, 2025. Accordingly, the Defendant's motion to require the filing of an amended complaint and/or strike class claims is denied as moot. Saia is an American less than truckload (LTL) trucking company. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ZmtWqV at no extra charge.[CC] SAMSUNG ELECTRONICS: Asrak Suit Removed to C.D. California ---------------------------------------------------------- The case captioned as Vedat Asrak, individually and on behalf of all others similarly situated v. Samsung Electronics America, Inc., Case No. 25STCV10293 was removed from the Los Angeles County Superior Court, to the U.S. District Court for the Central District of California on May 5, 2025. The District Court Clerk assigned Case No. 2:25-cv-04231 to the proceeding. The nature of suit is stated as Other Statutory Actions. Samsung Electronics America, Inc. -- https://www.samsung.com/us/ -- is the North American subsidiary of Samsung Electronics, a global technology company.[BN] The Plaintiff appears pro se. The Defendants are represented by: Robert J. Herrington, Esq. GREENBERG TRAURIG LLP 1840 Century Park East, Suite 1900 Los Angeles, CA 90067-2121 Phone: (310) 586-7700 Fax: (310) 586-7800 Email: Robert.Herrington@gtlaw.com SCALE AI INC: Agape Files Suit in Cal. Super. Ct. ------------------------------------------------- A class action lawsuit has been filed against Scale AI, Inc., et al. The case is styled as Chloe Agape, individually and on behalf of others similarly situated v. Scale AI, Inc., Hireart, Inc., Does 1 to 20, inclusive, Case No. CGC25625224 (Cal. Super. Ct., San Francisco Cty., May 9, 2025). The case type is stated as "Other Non-Exempt Complaints." Scale AI, Inc. -- https://scale.com/ -- is an American data annotation company in San Francisco, California.[BN] The Plaintiff is represented by: Ginger Lee Grimes, Esq. DARDARIAN HO KAN & LEE 155 Grand Avenue, Suite 900 Oakland, CA 94612 Phone: 510-763-9800 SEAWORLD PARKS: $1.25M Class Settlement in Coppel Gets Initial Nod ------------------------------------------------------------------ In the class action lawsuit captioned as FERNANDO COPPEL et al., individually and as a representative of a Putative Class of Participants and Beneficiaries on behalf of the SWBG, LLC, 401(K) PLAN, f/k/a "SEAWORLD PARKS AND ENTERTAINMENT 401(K) PLAN," v. SEAWORLD PARKS & ENTERTAINMENT, INC., et al., Case No. 3:21-cv-01430-RSH-DDL (S.D. Cal.), the Hon. Judge Robert S. Huie entered an order granting the Plaintiffs' motion for preliminary approval of class action settlement: The Court grants the Plaintiffs' motion for preliminary approval of class action settlement and preliminarily approves the proposed Settlement. The Court preliminarily appoints Christina Humphrey Law, P.C., and Tower Legal Group, P.C. as Class Counsel The Court preliminarily appoints ILYM Group, Inc. as the Settlement Administrator, pursuant to the terms of the Settlement Agreement. The Court preliminarily approves the appointment of the proposed cy pres recipient, The Pension Rights Center. On Aug. 9, 2021, the Plaintiffs brought this action under the Employee Retirement Income Security Act ("ERISA"). On Aug. 21, 2023, the SeaWorld Defendants filed a partial motion to dismiss. The terms of the Settlement Agreement are as follows: the SeaWorld Defendants have agreed to pay a non-reversionary gross settlement amount of $1,250,000. SeaWorld is an American theme park and entertainment company. A copy of the Court's order dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=NcyGw6 at no extra charge.[CC] SHOALS TECHNOLOGIES: Continues to Defend Securities Class Suit -------------------------------------------------------------- Shoals Technologies Group Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from the consolidated securities class suit in the United States District Court for the Middle District of Tennessee, Nashville Division. On March 21, 2024, a purported stockholder filed a putative securities class action against the Company and certain of its current and former executive officers in the United States District Court for the Middle District of Tennessee, Nashville Division, captioned Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefits Fund v. Shoals Technologies Group, Inc., et al. The complaint alleges violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder, based on allegedly false and misleading statements and omissions relating to the wire insulation shrinkback matter. The complaint seeks unspecified monetary damages, recovery of fees and costs, and other relief that the court may find appropriate. On May 8, 2024 and May 15, 2024, respectively, similar class action complaints were filed in the same court against the Company and certain current and former officers, but these complaints also named as defendants the Company's Board of Directors, and the selling stockholders and underwriters of the Company's secondary public offering. While the allegations are largely similar to the first complaint, these new complaints also alleged violations of Sections 11, 12(a)(2) and 15 of the Securities Act of 1933. These cases were captioned Oklahoma Police Pension and Retirement System v. Shoals Technologies Group, Inc. and Kissimmee Utility Authority Employees Retirement Plan v. Shoals Technologies Group, Inc. On May 24, 2024, all of these cases were consolidated into one action captioned In re Shoals Technologies Group, Inc. Securities Litigation. Plaintiff Erste Asset Management GmbH has been appointed Lead Plaintiff. On December 9, 2024, Lead Plaintiff and plaintiff Kissimmee Utility Authority Employees' Retirement Plan filed a consolidated complaint, and on February 4, 2025, Plaintiffs filed an amended complaint. The Company filed a motion to dismiss the amended complaint on February 18, 2025. Plaintiffs filed an opposition to the motion to dismiss on April 21, 2025. Although the Company intends to continue to vigorously defend against these claims, there is no guarantee that the Company will prevail. Accordingly, the Company is unable to determine the ultimate outcome of this consolidated lawsuit or determine the amount or range of potential losses associated with the consolidated lawsuit. Based in Portland, TN, Shoals Technologies provides EBOS products for solar energy projects in the United States. It sells solar products principally to engineering, procurement, and construction firms that build such solar energy projects. [BN] SIMMONS UNIVERSITY: Liable to Leaked Students' Info, Doe Says ------------------------------------------------------------- JANE DOE, individually and on behalf of all others similarly situated, Plaintiff v. MATTHEW WEISS; THE TRUSTEES OF SIMMONS UNIVERSITY; SIMMONS UNIVERSITY; and KEFFER DEVELOPMENT SERVICES, LLC, Defendants, Case No. 1:25-cv-11151 (D. Mass., April 28, 2025) is a class action against the Defendants for violations of the Computer Fraud and Abuse Act, the Stored Communications Act, and Title IX, invasion of privacy, intrusion upon seclusion, negligence and gross negligence. The case arises from the Defendants' failure to consider or implement any security measures to protect the personal, private, and intimate images and information of the Plaintiff and similarly situated student athletes in the University. As a result of the Defendants' failures, Defendant Weiss accessed the personal, private, and intimate images and information entrusted to the University and Keffer by the Plaintiff and others similar to them. The Plaintiff and thousands of others have had their privacy illegally invaded, suit says. Simmons University is a public university in Massachusetts. Keffer Development Services, LLC is a provider of software solutions, headquartered in Pennsylvania. [BN] The Plaintiff is represented by: Paula S. Bliss, Esq. Kimberly A. Dougherty, Esq. JUSTICE LAW COLLABORATIVE, LLC 210 Washington Street North Easton, MA 02356 Telephone: (508) 230-2700 Facsimile: (285) 278-0287 Email: paula@justicelc.com kim@justicelc.com - and - Megan Bonanni, Esq. Kevin M. Carlson, Esq. Beth M. Rivers, Esq. Danielle Y. Canepa, Esq. PITT MCGEHEE PALMER BONANNI & RIVERS 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067 Telephone: (248) 398-9800 Email: mbonnani@pittlawpc.com kcarlson@pittlawpc.com brivers@pittlawpc.com dcanepa@pittlawpc.com - and - Lisa M. Esser, Esq. Richard L. Groffsky, Esq. Jason J. Thompson, Esq. Matthew G. Curtis, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, 17th Floor Southfield, MI 48076 Telephone: (248) 355-0300 Email: LEsser@sommerspc.com rgroffsky@sommerspc.com JThompson@sommerspc.com MCurtis@sommerspc.com - and - Ryan Clarkson, Esq. Bryan Thompson, Esq. Timothy Giordano, Esq. Yana Hart, Esq. CLARKSON LAW FIRM 22525 Pacific Coast Highway Malibu, CA 90265 Telephone: (213) 471-2599 Email: rclarkson@clarksonlawfirm.com bthompson@clarksonlawfirm.com tgiordano@clarksonlawfirm.com yhart@clarksonlawfirm.com SOUTH DAKOTA: Court Dismisses Irvine Suit ----------------------------------------- In the class action lawsuit captioned as JULIE IRVINE, guardian ad litem of Aubrey Archambeau and Joseph Baker, as named plaintiffs on behalf of a class; AUBREY ARCHAMBEAU, on behalf of a class; and JOSEPH BAKER, on behalf of a class, v. JEREMY JOHNSON, Administrator, South Dakota Human Services Center, sued in his official capacity; MATT ALTHOFF, Secretary of the South Dakota Department of Social Services, Case No. 4:21-cv-04224-KES (D.S.D.), the Hon. Judge Karen E. Schreier entered an order dismissing the Irvine case. Because no remedy is available to Baker, and the court declines to certify a class, it is ORDERED that the above-entitled action is dismissed, upon the merits, with prejudice, without further notice or hearing, and without costs to any party. Thus, although the court concluded that the defendants' proffered justifications were insufficient as to Baker, defendants may be able to justify the prolonged detention of other detainees. As such, the court concludes that class certification is still inappropriate because the court cannot resolve the central issue in this case in "one stroke." Following a bench trial, the court issued an order finding that defendants, South Dakota Human Services Center (HSC) Director, Jeremy Johnson, and Secretary of the South Dakota Department of Social Services, Matt Althoff, failed to provide sufficient reasons justifying plaintiff Joseph Baker's five-and-a-half-month detention at HSC As such, the court determined that defendants violated Baker’s due process rights. The court also ordered further briefing on the issue of Baker's potential remedy. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=fEI04f at no extra charge.[CC] SSR MINING: Continues to Defend Consolidated Securities Class Suit ------------------------------------------------------------------ SSR Mining Inc. disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 6, 2025, that the Company continues to defend itself from a consolidated securities class suit in the United States District Court for the District of Colorado. On March 18, 2024 and March 22, 2024, two related putative securities class actions, Karam Akhras v. SSR Mining Inc., et. al., Case No. 24-cv-00739 and Eric Lindemann v. SSR Mining Inc., et. al., Case No. 24-cv-00808, were filed in the United States District Court for the District of Colorado (collectively, the "US Securities Actions"). The US Securities Actions assert claims for alleged violations of Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder against the Company, as well as certain of its current and former members of management (the "Individual Defendants", and together with the Company, the "Defendants") and for alleged violations of Section 20(a) of the Exchange Act against the Individual Defendants. The complaints allege that certain public statements made by the Defendants were rendered materially false and misleading with respect to, among other things, the adequacy of the Company's internal controls relating to its safety practices and operational integrity at its Çöpler mining facility in Türkiye. On August 2, 2024, the US Securities Actions were consolidated as Consolidated Civil Action No. 1:24-cv-00739-DDD-SBP (the "Consolidated US Securities Action") and the court appointed lead counsel and a lead plaintiff for the putative class. On October 15, 2024, the lead plaintiff filed a consolidated amended complaint. Defendants filed a motion to dismiss the consolidated amended complaint on December 17, 2024, which is currently pending before the court. SSR Mining Inc. and its subsidiaries is a precious metals mining company with four producing assets located in the United States, Türkiye, Canada and Argentina. ST. ANDREW'S RESOURCES: Barnett Suit Removed to E.D. Missouri ------------------------------------------------------------- The case captioned as Dinah Barnett, individually and on behalf of those similarly situated v. St. Andrew's Resources for Seniors System, Case No. 25SL-CCO2942 was removed from the Circuit Court of the City of St. Louis, to the U.S. District Court for the Eastern District of Missouri on May 9, 2025. The District Court Clerk assigned Case No. 4:25-cv-00674-SRC to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Andrew's Resources for Seniors System -- https://standrews1.com/ -- is a non-profit organization that helps seniors and their families find and access support.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Ste. 705 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@shamisgentile.com The Defendants are represented by: Colby M. Everett, Esq. BAKER HOSTETLER LLP - Denver 1801 California Street, Suite 4400 Denver, CO 80202 Phone: (303) 861-0600 Fax: (303) 861-7805 Email: ceverett@bakerlaw.com STARBUCKS CORPORATION: Avila Suit Removed to C.D. California ------------------------------------------------------------ The case captioned as Jorvin Avila, Bethany Lynn Foley, Mario Candido Morandin, Chanel Alyssa Lara, individuals, on behalf of themselves and all others similarly situated, and on behalf of the general public v. STARBUCKS CORPORATION, a Washington corporation, and DOES 1 through 10, inclusive, Case No. 30-2025-01467493-CU-OE-CXC was removed from the Superior Court of the State of California in and for the County of Orange, to the United States District Court for the Central District of California on May 9, 2025, and assigned Case No. 8:25-cv-00985. The Plaintiffs are former employees of Starbucks. They assert claims against Starbucks under the California Labor Code for failure to provide meal periods, failure to provide rest periods, failure to pay all wages, failure to comply with itemized wage statement provisions, failure to timely pay wages due at termination, failure to timely pay employees, failure to reimburse business expenses, failure to provide suitable seating, and failure to pay for hours worked, including overtime.[BN] The Defendants are represented by: Gregory W. Knopp, Esq. Jonathan P. Slowik, Esq. Jennifer J. Mcdermott, Esq. PROSKAUER ROSE LLP 2029 Century Park East, Suite 2400 Los Angeles, CA 90067 Phone: 310-557-2900 Facsimile: 310-557-219 Email: gknopp@proskauer.com jslowik@proskauer.com jmcdermott@proskauer.com STILL HERE: Website Inaccessible to the Blind, Agostini Alleges --------------------------------------------------------------- LUNIQUE AGOSTINI, on behalf of herself and all others similarly situated v. Still Here, Inc, Case No. 1:25-cv-03931-JHR (S.D.N.Y., May 12, 2025) sues the Defendant for its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired persons pursuant to the Americans with Disabilities Act. The Defendant is denying blind and visually impaired persons throughout the United States with equal access to the goods and services Still Here provides to their non-disabled customers through https://www.stillhere.nyc. The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff's rights under ADA. Stillhere.nyc provides to the public a wide array of the goods, services, price specials and other programs offered by Still Here. Yet, Stillhere.nyc contains significant access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website, asserts the suit. In fact, the access barriers make it impossible for blind and visually-impaired users to even complete a transaction on the website. Thus, Still Here excludes the blind and visually-impaired from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living. The Plaintiff seeks a permanent injunction to cause a change in Sporty & Rich's policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually-impaired consumers. Ms. Agostini is a visually-impaired and legally blind person who requires screen-reading software to read website content using her computer. Stillhere.nyc is a commercial website that offers products and services for online sale. The online store allows the user to view everyday dressing, make purchases, and perform a variety of other functions.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 E-mail: Glevyfirm@gmail.com STYLIST'S OWN: Website Inaccessible to the Blind, Agostini Alleges ------------------------------------------------------------------ LUNIQUE AGOSTINI, on behalf of herself and all others similarly situated, v. Stylist's Own, LLC, Case No. 1:25-cv-03933-PAE-JW (S.D.N.Y., May 12, 2025) sues the Defendant for its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired persons pursuant to the Americans with Disabilities Act. Accordingly, the Defendant is denying blind and visually impaired persons throughout the United States with equal access to the goods and services Stylist's Own provides to their non-disabled customers through https://no6store.com. The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff's rights under ADA. The Plaintiff seeks a permanent injunction to cause a change in Sporty & Rich's policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually-impaired consumers. Ms. Agostini is a visually-impaired and legally blind person who requires screen-reading software to read website content using her computer. No6store.com provides to the public a wide array of the goods, services, price specials and other programs offered by Stylist's Own. Yet, No6store.com contains significant access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 E-mail: Glevyfirm@gmail.com SUN ENERGY: Filing for Class Cert Bid Due June 27 ------------------------------------------------- In the class action lawsuit captioned as LAWRENCE v. SUN ENERGY SERVICES LLC, Case No. 2:23-cv-02155 (W.D. Pa., Filed Dec. 28, 2023), the Hon. Judge Christy Criswell Wiegand entered an order as follows: The Plaintiffs shall serve Sun Energy with verifications for the first set of opt-ins on or before 5/23/2025, Plaintiffs shall serve Sun Energy with supplemental responses and verifications for the 55 opt-ins who previously only provided objections (as opposed to responses) to Interrogatories on or before May 30, 2025. Neither of these deadlines constitutes an extension of the existing May 9, 2025, deadline for the close of Phase 2 discovery. The Court further entered an amended order as follows: -- Motion for Final Certification of Fair Labor Standards Act (FLSA) Collective and Rule 23 Class Certification, if any, due by June 27, 2025 Responses due by July 18, 2025. The suit alleges violation of the Fair Labor Standards Act (FLSA). Sun Energy provides oilfield services.[CC] SUNRUN INC: Class Cert. Bid in Banks Suit Due May 28, 2026 ---------------------------------------------------------- In the class action lawsuit captioned as PEGGY BANKS, v. SUNRUN INC., Case No. 4:24-cv-07877-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered an order setting the following case deadlines pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10: Event Deadline Deadline to add parties or amend the June 13, 2025 Pleadings: Expert disclosures: Sept. 17, 2025 Mediation deadline: Nov. 17, 2025 Fact and expert discovery deadline: Nov. 13, 2025 Dispositive motions due: Jan. 29, 2026 Dispositive motion oppositions due: Feb. 26, 2026 Dispositive motion replies due: Apr. 2, 2026 Class certification motion due: May 28, 2026 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 May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=yKQniU at no extra charge.[CC] SUNRUN INC: Class Cert. Bid in Strickland Suit Due Feb. 26, 2026 ---------------------------------------------------------------- In the class action lawsuit captioned as SHERRY STRICKLAND, v. SUNRUN, INC., Case No. 4:23-cv-05034-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered an order setting the following case deadlines pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10: Event Deadline Deadline to add parties or amend the Jan. 6, 2025 Pleadings: Expert disclosures: Aug. 15, 2025 Mediation deadline: Sept. 22, 2025 Fact and expert discovery deadline: Oct. 15, 2025 Dispositive motions due: Nov. 13, 2025 Dispositive motion oppositions due: Dec. 11, 2025 Dispositive motion replies due: Jan. 8, 2026 Class certification motion due: Feb. 26, 2026 Class certification opposition due: March 19, 2026 Class certification reply due: April 9, 2026 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 May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=kTYWiR at no extra charge.[CC] SUWANNEE VALLEY: Filing of Class Cert Bid Due Sept. 1 ----------------------------------------------------- In the class action lawsuit captioned as JAMES R. THOMAS, GEORGE WYATT THOMAS, CAROLINE LACE GABBARD, CLIFTON WOODROW GREEN, JR., and MICHELLE RICHARDS, on behalf of a class of all other persons similarly situated, v. SUWANNEE VALLEY ELECTRIC COOPERATIVE, INC., a Florida Not for Profit Corporation and RAPID FIBER INTERNET, LLC, a Florida Limited Liability Company, Case No. 3:24-cv-01213-HES-MCR (M.D. Fla.), the Hon. Judge Harvey Schlesinger entered a case management and scheduling order: Class Certification related Discovery Aug. 1, 2025 Deadline: Plaintiffs' Class Certification Motions Sept. 1, 2025 Deadline: Defendants' Response to Class Certification Oct. 31, 2025 Motions: Merits Discovery Deadline: Oct. 23, 2026 Dispositive and Daubert Motions: Nov. 20, 2026 Final Pretrial Conference: March 10, 2027 at 10:00 a.m. Trial Term: May 3, 2027 at 9:30 a.m. Suwannee is a nonprofit rural electric cooperative that serves the residents of the Suwannee River Valley in Florida. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=FBFWlN at no extra charge.[CC] SWEEPSTEAKES LTD: Faces Hall Suit Over Illegal Gambling Operation ----------------------------------------------------------------- LAURA HALL, J.S. (a minor by and through his biological mother and next of kin, LAURA HALL), on behalf of themselves and others similarly situated, Plaintiffs v. SWEEPSTEAKES LIMITED, d/b/a Stake.us, Defendant, Case No. 3:25-cv-00345-RAH-KFP (M.D. Ala., May 2, 2025) is brought by Plaintiffs seeking damages and declaratory and equitable relief individually on behalf the other Class members, each of whom are Alabama residents who have paid and lost money or other things of value on Stake.us in the last six months, or the spouse, child or next of kin of a loser. Stake owns and operates a popular, casino-oriented internet gaming website called www.stake.us. On its website, users can play "over 200 industry favorite games by the most reputable providers," including slot games, scratch cards, poker, and other table games such as blackjack and roulette. Stake offers prizes, such as cash-equivalent gift cards or crypto payouts, to online participants who wager money to play the Chance Games. According to the complaint, gambling is constitutionally and statutorily prohibited in Alabama. Yet, Stake.us is accessible and operational within the state of Alabama. Since Stake requires participants to submit consideration for a chance to win a prize, it is an illegal gambling operation. Moreover, Stake engaged in unconscionable, false, misleading, or deceptive acts or practices in the conduct of trade or commerce in Alabama, including causing Plaintiff and Class members to believe Stake.us was approved and certified by the State of Alabama, when in fact it is illegal gambling, says the suit. Sweepsteaks Limited is a for-profit business entity registered in Cyprus.[BN] The Plaintiffs are represented by: Leon Hampton Jr. W. Daniel Miles, III, Esq. James Mitchell Williams, Esq. Paul W. Evans, Esq. BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. 272 Commerce Street Post Office Box 4160 Montgomery, AL 36103-4160 Telephone: (334) 269-2343 Facsimile: (334) 954-7555 E-mail: leon.hampton@beasleyallen.com dee.miles@beasleyallen.com mitch.williams@beasleyallen.com paul.evans@beasleyallen.com - and - Joel D. Smith, Esq. SMITH KRIVOSHEY, PC 867 Boylston Street 5th Floor #1520 Boston, MA 02116 E-mail: joel@skclassactions.com TAKEDA PHARMACEUTICAL: Delays Competition for Dexilant, Suit Claims ------------------------------------------------------------------- PLUMBERS LOCAL 690 HEALTH PLAN, individually and on behalf of all others similarly situated, Plaintiff v. TAKEDA PHARMACEUTICAL COMPANY LIMITED, TAKEDA PHARMACEUTICALS U.S.A., INC., TAKEDA PHARMACEUTICALS AMERICA, INC., TWI PHARMACEUTICALS INC., and TWI PHARMACEUTICALS USA, INC., Defendants, Case No. 3:25-cv-03648 (N.D. Cal., April 25, 2025) is a class action against the Defendant for conspiracy and combination in restraint of trade under state law and monopolization under state law. The case arises from the Defendants' engagement in an anticompetitive horizontal conspiracy to delay generic competition for the prescription drug Dexilant (active ingredient: dexlansoprazole). The Defendants engaged in a coordinated effort to limit competition in the market for Dexilant and its generic versions through a "reverse payment" and market allocation agreement. The Defendants violated state antitrust and consumer protection laws by entering into this agreement in unreasonable restraint of trade. The Plaintiff and Class members have been injured in their business or property because they paid, and continue to pay, higher prices for brand and generic Dexilant than they would have paid but for the Defendants' unlawful conduct. Plumbers Local 690 Health Plan is a health benefit plan headquartered in Philadelphia, Pennsylvania. Takeda Pharmaceutical Company Limited is a pharmaceutical company based in Japan. Takeda Pharmaceuticals U.S.A., Inc. is a pharmaceutical company based in Massachusetts. Takeda Pharmaceuticals America, Inc. is a pharmaceutical company based in Massachusetts. TWi Pharmaceuticals Inc. is a pharmaceutical company based in Taiwan. TWi Pharmaceuticals USA, Inc. is a pharmaceutical company based in New Jersey. [BN] The Plaintiff is represented by: Stacey M. Kaplan, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP One Sansome Street, Suite 1850 San Francisco, CA 94104 Telephone: (415) 400-3000 Facsimile: (415) 400-3001 Email: skaplan@ktmc.com - and - Joseph H. Meltzer, Esq. Darren J. Check, Esq. Terence S. Ziegler, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 Email: jmeltzer@ktmc.com dcheck@ktmc.com tziegler@ktmc.com - and - Marvin A. Miller, Esq. Lori A. Fanning, Esq. Kathleen Boychuck, Esq. MILLER LAW LLC 53 W. Jackson Blvd., Suite 1320 Chicago, IL 60604 Telephone: (312) 332-3400 Facsimile: (312) 676-2676 TC HEARTLAND: Dismissal of Plaintiff Desoto Sought -------------------------------------------------- In the class action lawsuit captioned as SAMUEL GARCIA and CARL DESOTO, individually and on behalf of all others similarly situated, v. TC HEARTLAND LLC, Case No. 5:23-cv-04192-NW (N.D. Cal.), the Plaintiffs and the Defendant ask the Court to enter an order as follows: 1. The Plaintiff Desoto shall be voluntarily dismissed without prejudice from the above-entitled action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). 2. The Plaintiff Desoto shall no longer serve as a proposed class representative in this action and waives any right to serve as a class representative in this action in the future. 3. The Plaintiff Desoto's declaration submitted in support of the Plaintiffs' pending Motion for Class Certification is withdrawn and shall be treated as if not submitted as part of the Plaintiff Garcia's Motion for Class Certification. 4. The Plaintiffs' motion for class certification shall be treated as if submitted on behalf of Plaintiff Garcia only, and not Plaintiff Desoto. TC Heartland provides packaged food products. A copy of the Parties' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=nn4w6d at no extra charge.[CC] The Plaintiffs are represented by: Shireen M. Clarkson, Esq. Bahar Sodaify, Esq. Alan Gudino, Esq. CLARKSON LAW FIRM, P.C. 22525 Pacific Coast Highway Malibu, CA 90265 Telephone: (213) 788-4050 Facsimile: (213) 788-4070 E-mail: sclarkson@clarksonlawfirm.com bsodaify@clarksonlawfirm.com agudino@clarksonlawfirm.com The Defendant is represented by: Alexander M. Smith, Esq. Kelly M. Morrison, Esq. Dean N. Panos, Esq. JENNER & BLOCK LLP 515 S. Flower Street, Suite 3300 Los Angeles, CA 90071-2054 Telephone: (213) 239-5100 Facsimile: (213) 239-5199 E-mail: asmith@jenner.com kmorrison@jenner.com dpanos@jenner.com TENNESSEE GAS: Class Cert Bid Filing Amended to August 29 --------------------------------------------------------- In the class action lawsuit captioned as BRADISH JOHNSON CO., LIMITED individually and as representative of all those similarly situation, V. TENNESSEE GAS PIPELINE COMPANY, LLC ET AL., Case No. 2:23-cv-07363-CJB-EJD (E.D. La.), the Hon. Judge Carl J. Barbier entered an order granting motion to amend scheduling order as follows: 1. Fact discovery related to class June 30, 2025 certification will close on: 2. Expert discovery related to class July 29, 2025. certification will close on: 3. The Plaintiff's motion for class Aug. 29, 2025 certification must be filed on or before: 4. The Defendants' opposition to Sept. 29, 2025 class certification must be filed on or before: 5. The Plaintiff's final witness Oct. 7, 2025 and exhibit lists for the class certification hearing must be filed on or before: 6. The Defendants' final witness and Oct. 14, 2025 exhibit lists for the class certification hearing must be filed on or before: Tennessee provides gas transportation and storage services. A copy of the Court's order dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=lmCpWe at no extra charge.[CC] THINSLIM FOODS: Martinez Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Thinslim Foods LLC. The case is styled as Judith Adela Fernandez Martinez, on behalf of herself and all other persons similarly situated v. Thinslim Foods LLC, Case No. 1:25-cv-03919 (S.D.N.Y., May 10, 2025). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. ThinSlim Foods -- https://www.thinslimfoods.com/ -- is a low calorie and low carb nutritional baked food retailer.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal THOMAS JEFFERSON: Vincent Seeks Initial OK of Settlement -------------------------------------------------------- In the class action lawsuit captioned as NICHOLAS VINCENT II, on behalf of himself and all others similarly situated, v. THOMAS JEFFERSON UNIVERSITY, Case No. 5:24-cv-01561-JLS (E.D. Pa.), the Plaintiff asks the Court to enter an order under Federal Rule of Civil Procedure 23: (1) Preliminarily approving the proposed Settlement on behalf of the Settlement Class Members according to the terms of the Stipulation of Settlement; (2) Provisionally certifying, for purposes of the Settlement only, the following Settlement Class: "All enrolled students at Thomas Jefferson University during the Spring 2020 semester who paid any Tuition and/or Fees, or who were credited with having paid the same and who were registered for at least one in-person class at the beginning of the Spring 2020 semester." (3) Preliminarily appointing Named Plaintiff Nicholas Vincent II as Settlement Class Representative; (4) Preliminarily appointing Nicholas A. Colella of Lynch Carpenter, LLP and Michael Tompkins and Anthony M. Alesandro of Leeds Brown Law, P.C. as Class Counsel to act on behalf of the Settlement Class and the Settlement Class Representative with respect to the Settlement; (5) Approving the Parties' proposed settlement procedure, including approving the Parties' selection of A.B. Data, Ltd. as Settlement Administrator and approving the Parties' proposed schedule; (6) Entering the proposed Order Preliminarily Approving the Proposed Settlement and Provisionally Certifying the Proposed Settlement Class, attached as Exhibit A to the Settlement Agreement, which is attached as Exhibit 1 to the Declaration of Nicholas A. Colella; and (7) Granting such other and further relief as may be just and appropriate. Thomas is a private institution that was founded in 1824. A copy of the Plaintiff's motion dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=w9ySGY at no extra charge.[CC] The Plaintiff is represented by: Nicholas A. Colella, Esq. LYNCH CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 E-mail: NickC@lcllp.com - and - Michael Tompkins, Esq. Anthony M. Alesandro, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 E-mail: mtompkins@leedsbrownlaw.com aalesandro@leedsbrownlaw.com TITAN FOODS: Fernandez Seeks Equal Website Access for the Blind --------------------------------------------------------------- DEVIN FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. TITAN FOODS, INC., Defendant, Case No. 2:25-cv-02454 (E.D.N.Y., May 2, 2025) is a civil rights action against the Defendant for the failure to design, construct, maintain, and operate its website, www.titanfoods.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. According to the complaint, the website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen-reading software. These barriers include but are not limited to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. The Plaintiff now 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. Titan Foods, Inc. operates the website that serves as a Greek grocery store offering Greek products, including traditional foods, beverages, and specialty items.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com TIVOLI ENTERPRISES: Kopeck Sues Over Disclosed Video Info to Meta ----------------------------------------------------------------- JENNIFER KOPECK, on behalf of herself and all others similarly situated, Plaintiff v. TIVOLI ENTERPRISES, INC., Defendant, Case No. 1:25-cv-04554 (N.D. Ill., April 25, 2025) is a class action against the Defendant for violations of Video Privacy Protection Act. According to the complaint, the Defendant has disclosed to Meta Platforms, Inc., a third party, the personally identifiable information and video information of its website subscribers without consent. The Defendant embedded Meta Tracking Pixel to collect users' data. That pixel tracked the Plaintiff's and the Class members' video viewing history while on the website and reported their viewing history to Facebook. As a result, the Defendant violated the Plaintiff's and the Class members' statutorily protected privacy rights. Tivoli Enterprises, Inc. is a cinema company, doing business in Illinois. [BN] The Plaintiff is represented by: William H. Beaumont, Esq. Aaron S. Welo, Esq. BEAUMONT LLC 107 W. Van Buren, Suite 209 Chicago, IL 60605 Telephone: (773) 832-8000 Email: whb@beaumont-law.com asw@beaumont-law.com TOP GOLF: Discovery Stayed Pending Class Cert Bid Resolution ------------------------------------------------------------ In the class action lawsuit captioned as Billingy, et al., v. Top Golf USA Alpharetta, LLC, et al., Case No. 1:25-cv-00398 (N.D. Ga., Filed Jan. 29, 2025), the Hon. Judge Steven D. Grimberg entered an order staying discovery pending resolution of the Plaintiffs' pending motion for conditional class certification. On review of the Joint Preliminary Report and Discovery Plan, the Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified. The suit alleges violation of the Fair Labor Standards Act (FLSA).[CC] TOPGOLF PAYROLL: Seeks Denial of Class Certification Bid -------------------------------------------------------- In the class action lawsuit captioned as BOB B. BENYAMIN, individually and on behalf of all others similarly situated, v. TOPGOLF PAYROLL SERVICES, LLC; TOPGOLF INTERNATIONAL, INC.; TOPGOLF USA ROSEVILLE, LLC; and DOES 1 through 20, inclusive, Case No. 2:23-cv-00303-DAD-SCR (E.D. Cal.), the Defendants, on June 16, 2025, will move the Court, pursuant to Federal Rule of Civil Procedure 23, for an order denying class certification because the Plaintiff is not able to meet Rule 23's requirements for class certification. Topgolf brings this Motion on the grounds that the Plaintiff Benyamin is not party to an arbitration agreement with Topgolf, while more than 77% of the putative class members have signed arbitration agreements with Topgolf and thus agreed to resolve their employment disputes with Topgolf through individual arbitration only and not on a class action basis. As a result, the Plaintiff cannot satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure, namely, typicality, adequacy, predominance, or superiority. A copy of the Defendants' motion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=HwyJkb at no extra charge.[CC] The Defendants are represented by: Michael J. Nader, Esq. Alexandra M. Asterlin, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 Capitol Mall, Suite 2800 Sacramento, CA 95814 Telephone: (916) 840-3150 Facsimile: (916) 840-3159 E-mail: michael.nader@ogletree.com alexandra.asterlin@ogletree.com TROPICAL REALTY: Kunzman Files TCPA Suit in M.D. Florida -------------------------------------------------------- A class action lawsuit has been filed against Tropical Realty & Investments, Inc. The case is styled as Anita Kunzman, individually and on behalf of all others similarly situated v. Tropical Realty & Investments, Inc. doing business as: Berkshire Hathaway Home Services Florida Properties Group, Case No. 8:25-cv-01205 (M.D. Fla., May 11, 2025). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Tropical Realty & Investments, Inc. doing business as Berkshire Hathaway HomeServices Florida Properties Group -- https://www.bhhsfloridaproperties.com/ -- is a leading real estate brokerage serving Tampa Bay and Central Florida.[BN] The Plaintiff is represented by: Stefan Coleman, Esq. 18117 Biscayne Blvd., Suite 4152 Miami, FL 33160 Phone: (877) 333-9427 Email: law@stefancoleman.com UNILEVER UNITED: Kent Sues Over Products' Naturally Derived Label ----------------------------------------------------------------- JEFFREY KENT, MONICA BURROLA, and NITAYA MCGEE, individually and on behalf of all others similarly situated, Plaintiffs v. UNILEVER UNITED STATES, INC.; and CONOPCO, INC., Defendants, Case No. 3:25-cv-03660 (N.D. Cal., April 25, 2025) is a class action against the Defendants for fraud, deceit, and/or misrepresentation; violation of the Consumer Legal Remedies Act; false advertising; negligent misrepresentation; and unfair, unlawful, and deceptive trade practices. The case arises from the Defendants' false, deceptive, and misleading advertising, labeling, and marketing of Love Beauty & Planet and Dove Men + Care products, including shampoos, conditioners, body washes, and skin creams. The Defendants represent that the products are comprised of specific proportions of "Naturally Derived" ingredients. In truth, most of the ingredients in the products are synthetic, not natural. They do not originate in nature and are not derived naturally. Rather, they are of industrial-origin. Had the Plaintiffs and other consumers known truth, they would not have purchased the products or would have paid less for them. As a result, the Plaintiffs and other consumers have been deceived and have suffered economic injury. Unilever United States, Inc. is a consumer products manufacturer, with its principal place of business in New Jersey. Conopco, Inc. is a subsidiary corporation of Unilever United States, Inc., with its principal place of business in Greenwich, Connecticut. [BN] The Plaintiffs are represented by: Seth A. Safier, Esq. Anthony J. Patek, Esq. GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 639-9090 Facsimile: (415) 449-6469 Email: seth@gutridesafier.com anthony@gutridesafier.com UNITED STATES: Court Junks Bid to Dismiss Murbach Suit ------------------------------------------------------ In the class action lawsuit captioned as KYLE MURBACH, v. PAUL NAKASONE, General, United States Army Director, National Security Agency, Case No. 1:22-cv-01308-JRR (D. Md.), the Hon. Judge Julie R. Rubin entered a memo denying the Defendant's motion to dismiss. In all, concluding that the Plaintiff exhausted his individual claims by the filing of his class complaint does not itself appear contrary to the goals served by exhaustion given that the Plaintiff plainly notified the Agency of the alleged violation as to him as an individual and his action did not impair the EEOC's efficiency in the resolution of his claim. The Plaintiff alleges that the Defendant discriminated against him during his employment at the National Security Agency in violation of Section 501 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act ("ADA"). A copy of the Court's memorandum opinion dated May 7, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=SP4rPg at no extra charge.[CC] UNITED WORLD: Website Inaccessible to the Blind, Zhang Alleges -------------------------------------------------------------- ANDREW ZHANG, on behalf of himself and all others similarly situated v. United World Soccer - Online, Inc., Case No. 1:25-cv-03926-ALC (S.D.N.Y., May 12, 2025) contends that the Defendant failed to design, construct, maintain, and operate its website, https://www.pelesoccer.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired persons, in violation of the Americans with Disabilities Act. The Defendant is denying blind and visually impaired persons throughout the United States with equal access to the goods and services United World Soccer provides to their non-disabled customers through Pelesoccer.com. Pelesoccer.com provides to the public a wide array of the goods, services, price specials and other programs offered by United World Soccer. Yet, Pelesoccer.com contains significant access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website. In fact, the access barriers make it impossible for blind and visually-impaired users to even complete a transaction on the website, asserts the suit.[BN] The Plaintiff is represented by: Uri Horowitz, Esq. HOROWITZ LAW PLLC 14441 70th Road Flushing, NY 11367 Telephone: (718) 705-8706 Facsimile: (718) 705-8705 E-mail: Uri@Horowitzlawpllc.com UTAH: Court Conditionally Certifies Class in Maxfield ----------------------------------------------------- In the class action lawsuit captioned as LEEANNE MAXFIELD, et al., v. UTAH DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, et al., Case No. 4:21-cv-00099-DN-PK (D. Utah), the Hon. Judge David Nuffer entered an order granting motion to conditionally certify class: "all individuals operating or managing a liquor store in the State of Utah through a Type 3 Package Agency but who were not paid as a W-2 employee from July 31, 2020, to the present." The claim asserted by the Plaintiffs for alleged violations of the FLSA is conditionally certified as a collective action under the FLSA for the purpose of sending notice to "all individuals operating or managing a liquor store in the State of Utah through a Type 3 Package Agency but who were not paid as a W-2 employee from July 31, 2020, to the present." The Defendants will have the right to move to decertify the collective action or oppose a request by the Plaintiffs for final certification of the collective action after discovery has closed. The Plaintiffs shall update their proposed notice of collective action attached to the Motion within 14 days of the entry of this order and by that same deadline file a motion for its approval. The updated notice should reflect the plaintiffs currently party to the suit and update representation details and contact information as needed. The updated notice shall provide potential class members 60 days to opt-in to the class. Defendants may file any objection to the notice within 7 days of the filing of the motion for approval of the proposed notice. Plaintiffs may file a response to any objection raised by Plaintiffs within 7 days of the filing of the objection. The Defendants shall produce to the Plaintiffs' counsel a computer-readable list of names and last known physical addresses and email addresses of "all individuals operating or managing a liquor store in the State of Utah through a Type 3 Package Agency but who were not paid as a W-2 employee from July 31, 2020 to the present" within 28 days of the entry of this order. The Plaintiffs are authorized to mail or email the notice after an order is entered granting the motion approving the proposed notice. All costs of mailing the notice will be borne by Plaintiffs. In addition, Plaintiffs may text the notice, but a text message is optional and shall not constitute the required notice. The Plaintiffs shall mail or email the notice to potential class members within 14 days of the receipt of addresses from Defendants, or the entry of an order accepting the proposed notice, whichever is later. The notice shall specify the 60-day deadline to opt-in to the class. This 60-day period shall begin to run on the 14th day following the receipt of addresses from Defendants, or the entry of an order accepting the proposed notice, whichever is later. Plaintiffs shall promptly file a copy of the notice in this case. The Plaintiffs brought suit under the Fair Labor Standards Act ("FLSA"). The Plaintiffs allege they were employees of Defendants and that the Defendants "willfully misclassified" them and other similarly situated individuals as independent contractors and failed to pay them overtime in accordance with the FLSA. A copy of the Court's order dated May 8, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=EI6xun at no extra charge.[CC] VALET KING: Arevalo Sues Over Unpaid Minimum, Overtime Wages ------------------------------------------------------------ Jose Arevalo, on behalf of himself and other similarly situated v. THE VALET KING LLC, THE VALET KING NY LLC and JONATHAN FUDA, Case No. 1:25-cv-02632 (E.D.N.Y., May 10, 2025), is brought pursuant to the Fair Labor Standards Act ("FLSA"), the New York Labor Law ("NYLL") as recently amended by the Wage Theft Prevention Act ("WTPA"), seeking to recover, inter alia, unpaid minimum and overtime wage compensation for Plaintiff. The Plaintiff alleges that the Defendants willfully failed to pay the required wages. The Defendants were required, under relevant New York State law, to compensate Plaintiff with overtime pay at one and one-half the regular rate for work in excess of 40 hours per work week. Accordingly, Plaintiff now brings this Action on behalf of himself and those other similarly situated individuals, for federal and state claims relating to unpaid minimum wages, overtime wages, unpaid spread-of-hours wages, failure to maintain records pursuant to the FLSA, NYLL and as recently amended by the WTPA, NYLL, says the complaint. The Plaintiff was employed by the Defendants. The Defendants owned and operated NOLBU NOLBU NEW YORK INC, a corporate entity principally engaged in Queens, New York.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12t Floor New York, NY 10004 Phone: (212) 203-2417 Email: info@StillmanLegalPC.com Web: www.StillmanLegalPC.com VIATOR INC: Blind Users Can't Access Online Store, Henry Alleges ---------------------------------------------------------------- CONSTANCE HENRY, individually and on behalf of all others similarly situated, Plaintiff v. VIATOR, INC., Defendant, Case No. 1:25-cv-04501 (N.D. Ill., April 25, 2025) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act, declaratory relief, and negligent infliction of emotional distress. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://viator.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of their online goods, content, and services offered to the public through the website. The accessibility issues on the website include but not limited to: changing of content without advance warning, inaccessible drop-down menus, inaccurate landmark structure, lack of alt-text on graphics, the denial of keyboard access for some interactive elements, the lack of navigation links, unclear labels for interactive elements, and the requirement that transactions be performed solely with a mouse. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually impaired individuals. Viator, Inc. is a company that sells online goods and services in Illinois. [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 Email: Dreyes@ealg.law WEBULL FINANCIAL: Knowles Sues Over Blind's Equal Access to Website ------------------------------------------------------------------- CARLTON KNOWLES, individually and on behalf of all others similarly situated, Plaintiff v. WEBULL FINANCIAL LLC, Defendant, Case No. 1:25-cv-03509 (S.D.N.Y., April 28, 2025) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act, the New York State Human Rights Law, the New York City Human Rights Law, and the New York General Business Law. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://www.webull.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of their online goods, content, and services offered to the public through the website. The accessibility issues on the website include but not limited to: lack of alternative text (alt-text), empty links that contain no text, redundant links, and linked images missing alt-text. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually impaired individuals. Webull Financial LLC is a company that sells online goods and services in New York. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 Email: Jeffrey@Gottlieb.legal Dana@Gottlieb.legal Michael@Gottlieb.legal YALE NEW: Fails to Safeguard Clients' Personal Info, Wilson Says ---------------------------------------------------------------- AMBER WILSON, individually and on behalf of all others similarly situated, Plaintiff v. YALE NEW HAVEN HEALTH SYSTEM, Defendant, Case No. 3:25-cv-00666 (D. Conn., April 28, 2025) is a class action against the Defendant for negligence, breach of implied contract, unjust enrichment, breach of fiduciary duty, and declaratory judgment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and protected health information of the Plaintiff and similarly situated individuals stored within its network systems following a data breach on or around March 8, 2025. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties. Yale New Haven Health System is a healthcare services provider based in New Haven, Connecticut. [BN] The Plaintiff is represented by: Oren Faircloth, Esq. Tyler J. Bean, Esq. Neil P. Williams, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (212) 532-1091 Email: ofaircloth@sirillp.com tbean@sirillp.com nwilliams@sirillp.com ZTEX CONSTRUCTION: Fails to Protect Clients' Info, Ramirez Says --------------------------------------------------------------- MIGUEL RAMIREZ JR., individually and on behalf of all others similarly situated, Plaintiff v. ZTEX CONSTRUCTION, INC., Defendant, Case No. 3:25-cv-00146 (W.D. Tex., April 25, 2025) is a class action against the Defendant for negligence, negligence per se, breach of implied contract, invasion of privacy, unjust enrichment, breach of fiduciary duty, and declaratory judgment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and protected health information of the Plaintiff and similarly situated individuals stored within its network systems following a data breach in or around October 2024. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. ZTEX Construction, Inc. is a construction firm based in El Paso, Texas. [BN] The Plaintiff is represented by: Joe Kendall, Esq. 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