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250606.mbx C L A S S A C T I O N R E P O R T E R Friday, June 6, 2025, Vol. 27, No. 113 Headlines ADVANCE AUTO: $10MM Class Settlement in Townsend Gets Initial Nod ADVANCE AUTO: $10MM Class Settlement in Vogel Suit Gets Initial Nod ADVANCE AUTO: $10MM Settlement in Richardson Gets Initial Nod ADVANCE AUTO: Continues to Defend Securities Class Suit in N.C. ADVANCE AUTO: Final Approval Hearing in Neblock Amended to Oct. 23 ADVANCE STORES: Approval Hearing in Breach Suit Amended to Oct. 23 ADVANCE STORES: Approval Hearing in Cook Suit Amended to Oct. 23 ADVANCE STORES: Approval Hearing in Richardson Amended to Oct. 23 AEROTECH INC: Schultz Referred to Alternative Dispute Resolution AEROTECH INC: Schultz's Expert Disclosures Due Jan. 30, 2026 AMERICAN BANKERS: Class Cert Bid Filing in Dahl Due August 7, 2026 AMERICAN FAMILY: Seeks Leave to File Class Cert Surreply AMERICARE SYSTEMS: Lyon Seeks Conditional FLSA Certification AMPHASTAR PHARMACEUTICALS: Continues to Defend Labor Suit in Calif. ANCIENT ORGANICS: Effinger Loses Bid for Class Certification AR RESOURCES: Class Cert Discovery in McClain Due Jan. 9, 2026 ATLAS OBSCURA: Barajas Suit Must File Status Report by July 3 ATP TOUR: Pospisil Suit Must File Amended Complaint by June 24 BANCORP INC: Continues to Defend Linden Securities Class Suit BANK OF AMERICA: Class Cert Hearing in Ramirez Reset to July 15 BLOOMBERG LP: Filing for Class Certification Due Oct. 9 BOSTON UNIVERSITY: Class Certification Bids in Wildings Due Sept. 2 CALIFORNIA STATE UNIVERSITY: Class Cert Hearing Continued CAPPELLO'S LLC: Hunter Suit Seeks Class Certification CARTER'S INC: Booth Suit Consolidated with Related Actions CARTER'S INC: Namvary Suit Consolidated with Related Actions CARTER'S INC: Ringler Suit Consolidated with Related Actions CHURCH STREET: Pre-Class Cert Discovery in Slaven Due Sept. 30 COMPASS MINERALS: Continues to Defend Securities Suit in Kansas CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit CREDIT BUREAU: Filing for Class Cert Bid in Myers Due Oct. 1 CRITERION COLLECTION: Class Settlement Agreement Gets Initial Nod CUDAHY PLACE: Payne Seeks Leave to File Renewed Bid for Class Cert DELAWARE NORTH: Bender-Gibbs Sues Over Failure to Pay Proper Wages DISCOUNT AUTO: Class Cert Filing in U.S. Equal Suit Due July 24 DONALD TRUMP: Bid to Reconsider Class Cert Denial Order Vacated EAP OHIO: Gateway Seeks Continuance of Class Cert Hearings EEMA INDUSTRIES: Mandatory Scheduling Conference Order Entered EXPRESS WASH: Curry Allowed to Amend Complaint FIFTH THIRD BANK: Filing of Class Cert Response Amended to June 20 FLO HEALTH: Partially Wins Bid for Summary Judgment FLORIDA: Anderson Suit Seeks More Time to File Class Cert. FPL FOOD: Wins Bid to Compel Arbitration in Taylor Suit FULLBEAUTY BRANDS: Cody Suit Removed to C.D. California GEICO: Class Cert Response Extended to June 30 in Marcelletti GENENTECH INC: Seeks Leave to File Class Cert Opposition Brief GIFTROCKET INC: Gracie Seeks More Time to File Class Cert Reply GOOGLE LLC: Class Certification Bid Modified to Nov. 21 GRAFIX INC: Lucio Sues Over Mobility-Inaccessible Properties HOLY GRAIL CONSULTING: Barack Files TCPA Suit in S.D. Florida HOME TELECOM: Acuna Suit Removed to D. South Carolina HOME WIRELESS: Daniels Suit Removed to D. South Carolina HOME WIRELESS: Haenel Suit Removed to D. South Carolina HOME WIRELESS: Ware Suit Removed to D. South Carolina HONEYWELL INTERNATIONAL: Leverman Suit Removed to C.D. California INTERNATIONAL ALLIANCE: Bishop Sues Over Breach of Contract J. DOER: McMillion's Bid for Class Certification Tossed JACKSON NATIONAL: Court Narrows Claims in Hughes Suit KEHE DISTRIBUTORS: Fammons Files Suit in Cal. Super. Ct. KNOX COUNTY, IL: J.B.H. Seeks OK of 2nd Amended Bid for Class Cert. LAKEVIEW LOAN: Bid for Leave re Summary Judgment Tossed LEGACY SUPPLY CHAIN: Ayala Suit Removed to C.D. California MCDCC I LP: Ayala Files Suit in Cal. Super. Ct. MDL 1871: Class Cert Bid Must be Partly Granted, Judge Says MDL 2700: Genentech Seeks Leave to File Class Opposition Brief MDL 3143: Plaintiffs Must File Consolidated Suit by June 13 MEDICREDIT INC: Saggio Suit Seeks to Certify Class Action MERCEDES-BENZ USA: Seeks Leave to File Class Cert Docs Under Seal METRO SERVICES: Parties Seek to Vacate Class Cert Briefing MICROSOFT CORP: Basbanes Must File Consolidated Suit by June 13 MICROSOFT CORP: Daily News Must File Consolidated Suit by June 13 MICROSOFT CORP: NYT Must File Consolidated Suit by June 13 NEIMAN MARCUS: $10MM Settlement in Reichbart Gets Initial Nod NEIMAN MARCUS: Approval Hearing in Sherman Amended to Oct. 23 NEW YORK, NY: Filing for Class Cert Reply in Lewis Due June 17 NORDSTROM INC: Skotanis Seeks Oral Argument on Summary Judgment Bid OAKLAND COUNTY, MI: Loses Bid for Partial Judgment on Pleadings OMNI HEALTHCARE: Sued Over Failure to Secure Private Information OPEN HOUSE: Fails to Pay Proper Wages, Winn Suit Alleges OPENAI INC: Alter Must File Consolidated Complaint by June 13 OPENAI INC: Authors Guild Must File Consolidated Suit by June 13 OPENAI INC: CIR Must File Consolidated Complaint by June 13 REGENCE BLUESHIELD: Parties Seek to Continue Class Cert Deadline SNOWFLAKE INC: Approval Hearing in Breach Suit Amended to Oct. 23 TEAM PIZZA: Bradford Seeks Rule 23 Class Certification THERAPY 2000/GREEN APPLE: Torres Sues Over Failure to Pay Wages TIP-TOP ROOFING: American Builders Seeks to Stay Class Cert Issue ULTA BEAUTY: Murillo Suit Removed to E.D. California UNITED STATES: Class Cert Response Filing Extended to June 13 UNITED STATES: Seeks More Time to File Class Cert Response UNITED STATES: Sued Over Federal Reserve Notes Redemption Asbestos Litigation ASBESTOS UPDATE: 4th Circ. Okays Ch. 11 Plan for Kaiser Gypsum ASBESTOS UPDATE: Asbestos Corp. Secures CCAA Protection ASBESTOS UPDATE: Barretts Minerals Defeats Creditors' Dismissal Bid ********* ADVANCE AUTO: $10MM Class Settlement in Townsend Gets Initial Nod ----------------------------------------------------------------- In the class action lawsuit captioned as Townsend v. Snowflake, Inc. et al (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00077 (D. Mont.), the Hon. Judge Brian Morris granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday July 10, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Advance is an American automotive aftermarket parts provider. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=8neG2L at no extra charge.[CC] ADVANCE AUTO: $10MM Class Settlement in Vogel Suit Gets Initial Nod ------------------------------------------------------------------- In the class action lawsuit captioned as Vogel v. Advance Auto Parts, Inc. (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00135 (D. Mont.), the Hon. Judge Brian Morris entered an order granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday July 10, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Advance is an American automotive aftermarket parts provider. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=lNkqTN at no extra charge.[CC] ADVANCE AUTO: $10MM Settlement in Richardson Gets Initial Nod ------------------------------------------------------------- In the class action lawsuit captioned as Richardson v. Advance Stores Company, Incorporated et al (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00157 (D. Mont.), the Hon. Judge Brian Morris granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday July 10, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Advance is an American automotive aftermarket parts provider. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=pnMSzV at no extra charge.[CC] ADVANCE AUTO: Continues to Defend Securities Class Suit in N.C. --------------------------------------------------------------- Advance Auto Parts, Inc. disclosed in its Form 10-K Report for the annual period ending April 19, 2025 filed with the Securities and Exchange Commission on May 22, 2025, that the Company continues to defend itself from a consolidated securities class suit in the United States District Court for the Eastern District of North Carolina. On October 9, 2023, and October 27, 2023, two putative class actions on behalf of purchasers of the Company's securities who purchased or otherwise acquired their securities between November 16, 2022, and May 30, 2023, inclusive (the "Class Period"), were commenced against the Company and certain of the Company's former officers in the United States District Court for the Eastern District of North Carolina. The plaintiffs allege that the defendants made certain false and materially misleading statements during the alleged Class Period in violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. These cases were consolidated on February 9, 2024, and the court-appointed lead plaintiff filed a consolidated and amended complaint on April 22, 2024. The consolidated and amended complaint proposes a Class Period of November 16, 2022 to November 15, 2023, and alleges that defendants made false and misleading statements in connection with (a) the Company's 2023 guidance and (b) certain accounting issues previously disclosed by the Company. On June 21, 2024, defendants filed a motion to dismiss the consolidated and amended complaint. On January 23, 2025, the motion to dismiss was granted by the United States District Court for the Eastern District of North Carolina. On February 21, 2025, plaintiffs filed an appeal to the 4th Circuit Court of Appeals. The Company strongly disputes the allegations and intends to defend the case vigorously. Advance Auto Parts, Inc. engages in the supply and distribution of aftermarket automotive products for both professional installers and do-it-yourself. [BN] ADVANCE AUTO: Final Approval Hearing in Neblock Amended to Oct. 23 ------------------------------------------------------------------ In the class action lawsuit captioned as Neblock v. Advance Auto Parts, Inc. (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00153 (D. Mont.), the Hon. Judge Brian Morris entered an amended order granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." Excluded from the Settlement Class are (1) all persons who are governing board members of the Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday Oct. 23, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Advance is an American automotive aftermarket parts provider. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=4SYE09 at no extra charge.[CC] ADVANCE STORES: Approval Hearing in Breach Suit Amended to Oct. 23 ------------------------------------------------------------------ In the class action lawsuit Re Advance Stores Company, Incorporated, Data Breach Litigation, Case No. 2:24-cv-00131 (D. Mont.), the Hon. Judge Brian Morris entered an amended order granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday Oct. 23, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=vIKFxp at no extra charge.[CC] ADVANCE STORES: Approval Hearing in Cook Suit Amended to Oct. 23 ---------------------------------------------------------------- In the class action lawsuit captioned as Cook v. Advance Stores Company, Incorporated (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00138 (D. Mont.), the Hon. Judge Brian Morris entered an amended order granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday Oct. 23, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Advance is an American automotive aftermarket parts provider. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=VRbEOv at no extra charge.[CC] ADVANCE STORES: Approval Hearing in Richardson Amended to Oct. 23 ----------------------------------------------------------------- In the class action lawsuit captioned as Richardson v. Advance Stores Company, Incorporated et al (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00157 (D. Mont.), the Hon. Judge Brian Morris entered an amended order granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday Oct. 23, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Advance is an American automotive aftermarket parts provider. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=E0yp6P at no extra charge.[CC] AEROTECH INC: Schultz Referred to Alternative Dispute Resolution ---------------------------------------------------------------- In the class action lawsuit captioned as STEPHANIE SCHULTZ, et al., v. AEROTECH, INC. and AEROTECH, INC. EMPLOYEE STOCK OWNERSHIP PLAN And TRUST COMMITTEE, Case No. 2:24-cv-00618-WSH (W.D. Pa.), the Hon. Judge W. Scott Hardy entered an order referring case to alternative dispute resolution: The case is referred to Robert A. Meyer, Esq., appointed to serve as the Neutral. Compensation of the neutral will be apportioned equally between the parties: 50% by Plaintiffs and 50% by Defendants but is subject to change. Compensation shall be paid directly to the Neutral upon the conclusion of the ADR process. Failure to pay the Neutral shall be brought to the attention of the Court. The ADR conference(s) shall be conducted in accordance with Local Rule 16.2 and the Court’s ADR Policies and Procedures. A representative of any insurance carrier which may be responsible, in whole or in part, for any portion of the claims alleged and who has full, unilateral settlement authority must attend any ADR proceeding in person if insurance proceeds could cover any portion of a settlement or verdict. The Court will establish a deadline for the completion of the ADR conference(s) after ruling on Plaintiffs’ motion for class certification. The ADR conference(s) may be conducted at any location agreed to by the parties, counsel, and the assigned Neutral. The report of the Mediator shall be electronically filed with the court within seven (7) days of the date of the Mediation. Aerotech provides cooling and ventilation systems for the agricultural and horticultural markets. A copy of the Court's order dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=O4x5se at no extra charge.[CC] AEROTECH INC: Schultz's Expert Disclosures Due Jan. 30, 2026 ------------------------------------------------------------ In the class action lawsuit captioned as STEPHANIE SCHULTZ, et al., v. AEROTECH, INC. and AEROTECH, INC. EMPLOYEE STOCK OWNERSHIP PLAN And TRUST COMMITTEE, Case No. 2:24-cv-00618-WSH (W.D. Pa.), the Hon. Judge W. Scott Hardy entered a case management order. Initial disclosures required by Rule 26(a) of the Federal Rules of Civil Procedure shall be made by June 10, 2025. Any motions to amend the pleadings or add new parties shall be filed by June 17, 2025. Fact discovery shall be completed by January 2, 2026. The Plaintiffs' expert disclosures shall be made on or before Jan. 30, 2026. The Defendants' expert disclosures shall be made by March 6, 2026. The Plaintiffs' reply expert disclosures shall be made by April 3, 2026; and expert discovery (including depositions) shall be completed by May 22, 2026. Aerotech provides cooling and ventilation systems for the agricultural and horticultural markets. A copy of the Court's order dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=2EMiou at no extra charge.[CC] AMERICAN BANKERS: Class Cert Bid Filing in Dahl Due August 7, 2026 ------------------------------------------------------------------ In the class action lawsuit captioned as Brendan Dahl, v. American Bankers Insurance Company of Florida, Case No. 3:23-cv-08584-DLR (D. Ariz.), the Hon. Judge Douglas L. Rayes entered a scheduling order as follows: The deadline for completing class and individual merits fact discovery, including all disclosure required under Rule 26(a)(3), shall be March 27, 2026. The Plaintiff(s) shall provide full and complete expert disclosures for Phase 1 as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than April 24, 2026. The Defendant(s) shall provide full and complete expert disclosures for Phase 1 as required by Rule26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than May 29, 2026. Expert depositions shall be completed no later than July 3, 2026. Motion for class certification and the Defendant's motion for individual summary judgment shall be filed no later than Aug. 7, 2026. Responses to the motion for class certification and Defendant’s motion for individual summary judgment shall be filed no later than Sept. 11, 2026. Replies in support of the motion for class certification and Defendant's motion for individual summary judgment shall be filed no later than Oct. 9, 2026. American Bankers Insurance Company of Florida, a subsidiary of Assurant, is a US-based insurance provider. s A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=43sZdT at no extra charge.[CC] AMERICAN FAMILY: Seeks Leave to File Class Cert Surreply -------------------------------------------------------- In the class action lawsuit captioned as LORA KNOX and JODY KNOX, individually and on behalf of all others similarly situated, v. AMERICAN FAMILY INSURANCE COMPANY, Case No. 3:23-cv-00790-wmc (W.D. Wis.), the Defendant asks the Court to enter an order granting motion for leave to file a surreply addressing the new class definition, positions, and arguments that Plaintiffs have raised for the first time in their Reply. The Reply accuses AFIC of making "a misstatement of law" by providing a direct quote from a decision of Judge Peterson. The Plaintiffs also make ad hominem attacks suggesting that Defendant engaged in discovery improprieties. Reply at 4, 18. AFIC should be permitted a surreply to correct the record regarding these statements. American is an American private mutual company that focuses on property, casualty, and auto insurance. A copy of the Defendant's motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=iG1n8H at no extra charge.[CC] The Defendant is represented by: Sarah A. Zylstra, Esq. Tanner G. Jean-Louis, Esq. BOARDMAN & CLARK LLP 1 South Pinckney Street, Suite 410 Madison, WI 53701-0927 Telephone: (608) 257-9521 Facsimile: (608) 283-1709 E-mail: szylstra@boardmanclark.com - and - Christopher M. Assise, Esq. Sean A. Commons, Esq. SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 Telephone: (312) 853-7141 Facsimile: (312) 853-7036 E-mail: cassise@sidley.com scommons@sidley.com AMERICARE SYSTEMS: Lyon Seeks Conditional FLSA Certification ------------------------------------------------------------ In the class action lawsuit captioned as MICHELLE LYON, HELEN ANTONIO, and ANDREA BROWN on behalf of themselves and all others similarly situated, v. AMERICARE SYSTEMS, Inc. d/b/a Americare Senior Living, Case No. 6:24-cv-03207-BP (W.D. Mo.), the Plaintiffs ask the Court to enter an order granting conditional Fair Labor Standards Act (FLSA) certification and issuance of notice to similarly situated healthcare workers. More specifically, the Plaintiffs seek an order conditionally certifying the FLSA Collective, defined as follows: "All persons who worked at an Americare facility in the United States through ShiftKey, LLC and worked more than 40 hours in a workweek from three years prior to the filing of the Complaint through the present. The relevant time period for the FLSA Collective extends from July 17, 2021 to the present, all subject to the FLSA's 3-year limitations period from the date a collective member's Consent to Join is filed with the Court, as modified by such period of tolling as agreed to by the parties or ordered by the Court. The Plaintiffs seek such further and additional relief as the Court may deem just and proper. In support of this Motion, the Plaintiffs refer the Court to the Plaintiffs' suggestions in support, which is incorporated herein by reference. Americare offers complete commercial laundry and kitchen solutions for a range of industries. A copy of the Plaintiff's motion dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=DXRNbR at no extra charge.[CC] The Plaintiffs are represented by: George A. Hanson, Esq. Alexander T. Ricke, Esq. Stephen D. Ahal, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 Facsimile: (816) 714-7101 E-mail: hanson@stuevesiegel.com ricke@stuevesiegel.com ahal@stuevesiegel.com - and - Tom Wagstaff Jr., Esq. Taylor Myers, Esq. LAW OFFICE OF TOM WAGSTAFF JR, LLC 6811 Shawnee Mission Pkwy, Suite 314 Overland Park, KS 66202 Telephone: (816) 708-0524 Facsimile: (816) 708-0561 E-mail: tom@thewagstafflawfirm.com taylor@thewagstafflawfirm.com AMPHASTAR PHARMACEUTICALS: Continues to Defend Labor Suit in Calif. ------------------------------------------------------------------- Amphastar Pharmaceuticals 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 8, 2025, that the Company continues to defend itself from California Labor Code class suit in the Superior Court of California for the County of Los Angeles. On June 20, 2024, a former employee initiated an employment litigation against Amphastar, IMS and Roth Staffing Companies L.P. by filing a complaint having individual and class action claims for alleged violations of the California Labor Code pertaining to wage and hour, and other state laws. This complaint was filed in the Superior Court of California for the County of Los Angeles. In the complaint, the plaintiff is seeking damages and related remedies under California Law, as well as various penalty payments under the California Labor Code. The Company intends to vigorously defend itself against the complaint. Based in Rancho Cucamonga, California, Amphastar Pharmaceuticals Inc. manufactures injectable and inhaled drugs and drug delivery systems. The Company also offers contractual manufacturing services, including labeling and packaging, cold storage, and aseptic filling. ANCIENT ORGANICS: Effinger Loses Bid for Class Certification ------------------------------------------------------------ In the class action lawsuit captioned as KELLY EFFINGER, et al., v. ANCIENT ORGANICS LLC, Case No. 3:22-cv-03596-AMO (N.D. Cal.), the Hon. Judge Araceli Martinez-Olguin entered an order denying class certification. Accordingly, given that Effinger fails to satisfy several threshold elements of Rule 23(a), the Court does not further consider whether she can represent a damages class under Rule 23(b)(3), an injunction class under Rule 23(b)(2), or an issues class under Rule 23(c)(4). The Court entered an order that the parties to meet and confer regarding next steps in this case. The parties shall file a proposed trial and pretrial schedule within 28 days from the date of this Order. The Plaintiff's counsel failed to advance the case with the vigor expected of class counsel. Though Plaintiff's counsel may attribute the shortcomings and delays on Defense counsel’s litigation conduct, it was Plaintiff’s counsel that bore the responsibility to push the case forward and to obtain the necessary proof to make out the class claims. The Court thus finds Plaintiff’s counsel inadequate to represent the proposed class. The case is a putative food mislabeling class action involving allegations of false labeling on ghee, a clarified butter product. Before the Court is Plaintiff Kelly Effinger’s motion for class certification. Effinger moves to certify two classes, including Nationwide: "All persons in the United States who purchased the Products in the United States from June 17, 2018 until the date of certification ("Class Period")"; and California: "All persons in California who purchased the Products in California from June 17, 2018 until the date of certification ("Class Period")." Ancient manufactures and distributes the ghee products. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=HXz3zO at no extra charge.[CC] AR RESOURCES: Class Cert Discovery in McClain Due Jan. 9, 2026 -------------------------------------------------------------- In the class action lawsuit captioned as MARSHALL MCCLAIN, Individually and on behalf of all others similarly situated, v. AR RESOURCES, INC., Case No. 2:25-cv-01189-NIQA (E.D. Pa.), the Hon. Judge Nitza I. Quiñones Alejandro entered a scheduling order as follows: 1. The parties may request a referral to the Honorable Magistrate Judge Lynne A. Sitarski, United States District Court, to schedule a settlement conference. Counsel, the parties, and/or persons with full settlement authority must appear at the conference unless excused in advance by Magistrate Judge Sitarski. 2. All class certification discovery shall be completed by Jan. 9, 2026. 3. All affirmative expert reports related to class certification shall be due by Feb. 6, 2026. 4. Any rebuttal expert reports relating to class certification are due by March 6, 2026. 5. Class certification expert discovery shall be completed by April 3, 2026. 6. The Plaintiff's motion for class certification shall be filed by May 1, 2026, and any response to such motion shall be filed within 30 days of the filing of the motion. 7. Additional deadlines will be determined, if necessary, following the Court's resolution of Plaintiff's motion for class certification. Failure to comply with this Order may result in sanctions AR is a debt collection agency, primarily serving the medical and higher education sectors. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=m06hoz at no extra charge.[CC] ATLAS OBSCURA: Barajas Suit Must File Status Report by July 3 ------------------------------------------------------------- In the class action lawsuit captioned as QUITO BARAJAS, TYLER LANGE, v. ATLAS OBSCURA INC., Case No. 1:25-cv-00302-FB-CLP (E.D.N.Y.), the Hon. Judge Cheryl L. Pollak entered an order that the Plaintiffs shall file a status report on or before July 3, 2025. The Plaintiffs' counsel is Ordered to serve this Order on defendant and file proof of service immediately thereafter. Atlas is an American-based travel and exploration company. A copy of the Court's order dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=wfhchF at no extra charge.[CC] ATP TOUR: Pospisil Suit Must File Amended Complaint by June 24 -------------------------------------------------------------- In the class action lawsuit captioned as Pospisil, et al., v. ATP Tour, Inc. et al., Case No. 1:25-cv-02207 (S.D.N.Y., Filed March 18, 2025), the Hon. Margaret M. Garnett Judge entered an order that the Plaintiffs will file their Amended Complaint by June 24, 2025. By July 1, 2025, the parties shall submit a joint status letter proposing next steps in the case. That letter shall address the parties' views on a briefing schedule for any new or renewed motions to dismiss, as well as whether any discovery should commence and in what form and on what schedule. The parties are particularly encouraged to consider and discuss a more accelerated briefing schedule for motions to compel arbitration and/or transfer venue, as well as whether some amount of class certification discovery can commence. Formal discovery is stayed until further order of the Court. The nature of suit states Antitrust Litigation (Monopolizing Trade).[CC] BANCORP INC: Continues to Defend Linden Securities Class Suit ------------------------------------------------------------- Bancorp 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 8, 2025, that the Company continues to defend itself from the Linden securities class suit in the United States District Court for the District of Delaware. On March 14, 2025, Nathan Linden filed a putative securities class action complaint captioned Nathan Linden v. The Bancorp, Inc., et al. in the U.S. District Court for the District of Delaware against the Company and certain of its current and former officers. The complaint asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 promulgated thereunder and purports to assert a class action on behalf of persons and entities that purchased or otherwise acquired Company securities between January 25, 2024 and March 4, 2025. The complaint alleges, among other things, that the defendants made false statements and omissions about the Company's business, prospects, and operations, with focus on the Company's commercial real estate bridge loan portfolio and related provision for credit losses. The named plaintiff seeks unspecified damages, fees, interest, and costs. The Company intends to vigorously defend against the allegations in the complaint. Bancorp is a financial holding company.[BN] BANK OF AMERICA: Class Cert Hearing in Ramirez Reset to July 15 --------------------------------------------------------------- In the class action lawsuit captioned as ANTHONY RAMIREZ, MYNOR VILLATORO ALDANA, and JANET HOBSON, on behalf of themselves and all others similarly situated, v. BANK OF AMERICA, N.A., Case No. 4:22-cv-00859-YGR (N.D. Cal.), the Hon. Judge Yvonne Gonzalez Rogers entered an order resetting the June 10, 2025 hearing on the Plaintiffs' motion to certify and Bank of America's motion to strike to July 15, 2025. On May 22, 2025, the Court entered its order setting briefing schedule and rescheduling hearing on motion to certify class. The Order reset the hearings on the Plaintiffs' motion to certify and Bank of America's Motion to Strike to June 10, 2025/ Lead counsel for Bank of America will be out of the country on her honeymoon on June 10, 2025. Counsel for the parties have met and conferred, and July 15, 2025 is the next Tuesday thereafter on which counsel for all parties are mutually available. Bank of America is an American multinational investment bank and financial services holding company. A copy of the Court's order dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=137BrR at no extra charge.[CC] The Plaintiffs are represented by: Hassan A. Zavareei, Esq. Andrea R. Gold, Esq. Cort Carlson, Esq. Glenn E. Chappell, Esq. TYCKO & ZAVAREEI LLP 2000 Pennsylvania Avenue NW, Suite 1010 Washington, DC 20006 Telephone: (202) 973-0900 E-mail: hzavareei@tzlegal.com agold@tzlegal.com ccarlson@tzlegal.com gchappell@tzlegal.com The Defendant is represented by: Elizabeth L. Mckeen, Esq. Ashley M. Pavel, Esq. O'MELVENY & MYERS LLP 610 Newport Center Dr., Suite 1700 Newport Beach, CA 92660 Telephone: (949) 823-6900 Facsimile: (949) 823-6994 E-mail: emckeen@omm.com apavel@omm.com BLOOMBERG LP: Filing for Class Certification Due Oct. 9 ------------------------------------------------------- In the class action lawsuit captioned as AMBER ADAM, individually and on behalf of all other similarly situated, v. BLOOMBERG L.P., Case No. 1:21-cv-04775-JLR-HJR (S.D.N.Y.), the Hon. Judge Henry Ricardo entered a revised civil case management plan and scheduling order: z Any motion for leave to amend or join additional parties shall be filed no later than Feb. 7, 2025. Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) shall be completed no later than Jan. 24, 2025. All expert discovery, including expert reports and depositions, shall be completed no later than Oct. 23, 2025. The Plaintiff's deadline to move for Rule 23 class certification is Oct. 9, 2025 or 30 days after the close of fact discovery. Bloomberg is an American privately held financial, software, data, and media company. A copy of the Court's order dated May 19, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=SXoYPP at no extra charge.[CC] The Plaintiff is represented by: Meagan M. Rafferty, Esq. Marcela Jimenez Rodriguez, Esq. HKM EMPLOYMENT ATTORNEYS LLP 153 Main Street, Suite 201 New Paltz, NY 12561 Telephone: (212) 439-4765 Facsimile: (347) 544-9259 E-mail: mrafferty@hkm.com mjimenez@hkm.com - and - Robert David McCreanor, Esq. LAW OFFICE OF ROBERT D. MCCREANOR, P.L.L.C. 245 Saw Mill River Road, Suite 106 Hawthorne, NY 10532 Telephone: (845) 202-1833 E-mail: rmccreanor@rdmclegal.com The Defendant is represented by: Kristina Yost, Esq. Christian Bashi, Esq. JONES DAY 250 Vesey Street New York, NY 10281 Telephone: (212) 326-3816 Facsimile: (212) 326-3723 E-mail: kyost@jonesday.com cbashi@jonesday.com BOSTON UNIVERSITY: Class Certification Bids in Wildings Due Sept. 2 ------------------------------------------------------------------- In the class action lawsuit captioned as CURTIN-WILDING v. Trustees of Boston University, Case No. 1:25-cv-10432 (D. Mass., Filed Feb. 21, 2025), the Hon. Judge Richard G. Stearns entered an order setting the following pretrial schedule as follows: Initial disclosures required by Fed. R. Civ. P. 26(a)(1) will be completed by June 13, 2025. If there is disagreement as to the delineation of the plaintiff class, class discovery will be completed by August 12, 2025. Class certification motions will be filed 21 days later by Sept. 2, 2025, with any opposition due 14 days later by Sept. 16, 2025. If there is no disagreement as to delineation of the class (the class parameters appear clear), all fact discovery will be completed by Sept. 30, 2025. If class discovery and certification is necessary, all fact discovery will be completed by Dec. 2, 2025. The nature of suit states Diversity-(Citizenship). The Board of Trustees provides oversight of and has fiduciary responsibility for the University's academic, financial, and business affairs.[CC] CALIFORNIA STATE UNIVERSITY: Class Cert Hearing Continued --------------------------------------------------------- In the class action lawsuit captioned as MADISON FISK, RAQUEL CASTRO, GRETA CASTRILLON, CLARE BOTTERILL, MAYA BROSCH, HELEN BAUER, CARINA CLARK, NATALIE FIGUEROA, ERICA GROTEGEER, KAITLIN HERI, OLIVIA PETRINE, AISHA WATT, KAMRYN WHITWORTH, SARA ABSTEN, ELEANOR DAVIES, ALEXA DIETZ, and LARISA SULCS, individually and on behalf of all others similarly situated, v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY and SAN DIEGO STATE UNIVERSITY, Case No. 3:22-cv-00173-TWR-MSB (S.D. Cal.), the Hon. Judge Todd W. Robinson entered an order granting the Parties' joint motion to continue class certification hearing and dispositive motion deadline. Pursuant to the agreement of the Parties, the hearing regarding the Plaintiffs' motion for class certification is reset for July 1, 2025, at 1:30 p.m. in Courtroom 14A, and the deadline to file pretrial motions is extended to July 31, 2025. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=L70ig4 at no extra charge.[CC] CAPPELLO'S LLC: Hunter Suit Seeks Class Certification ----------------------------------------------------- In the class action lawsuit captioned as DIANE HUNTER, individually, and on behalf of those similarly situated, v. CAPPELLO'S LLC, Case No. 2:24-cv-02487-JAM-AC (E.D. Cal.), the Plaintiff, on July 23, 2025, will move the Court, pursuant to Federal Rules of Civil Procedure 23, for Class Certification against the Defendant and to appoint the Plaintiff as Class Representative and Pope McGlamry, P.C. as Class Counsel. Cappello's specializes in creating a range of gluten-free food products including pasta, biscuits, pizza, and cookie dough. A copy of the Plaintiff's motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=afQx4l at no extra charge.[CC] The Plaintiff is represented by: Caroline G. McGlamry, Esq. Michael L. McGlamry, Esq. POPE MCGLAMRY, P.C. 3391 Peachtree Road NE, Suite 300 Atlanta, GA 30326 Telephone: (404) 523-7706 E-mail: efile@pmkm.com CARTER'S INC: Booth Suit Consolidated with Related Actions ---------------------------------------------------------- In the class action lawsuit captioned as ANN BOOTH, on behalf of herself and all others similarly situated, v. CARTER'S, INC. a Delaware corporation, and DOES 1-50, inclusive, Case No. 1:25-cv-02117-ELR (N.D. Ga.), the Hon. Judge Eleanor L. Ross entered an order granting the Unopposed Motion to Consolidate Related Actions and Appoint Interim Counsel by Plaintiffs Adina Ringler, Shaheen Namvary, and Ann Booth [Case No. 1:25-cv-01819-ELR; Case No. 1:25-cv-01929- ELR; and Case No. 1:25-cv-02117-ELR, Doc. 48] and has determined that consolidation and appointment of interim class counsel in this proposed class action will promote judicial efficiency and orderly case management while avoiding unnecessary cost and delay. The Court directs the Clerk to administratively close Related Actions 1:25-cv-01929-ELR and 1:25-cv-02117-ELR and to file a copy of all filings docketed in these two Related Actions in this lead case 1:25-cv-01819-ELR. The Plaintiffs in the Consolidated Action shall file an operative Consolidated Complaint within 30 DAYS of the date of this Order The Court stays the deadline for Plaintiffs to move for class certification under Federal Rule of Civil Procedure 23(c)(1). The Parties shall address the class certification schedule in their Joint Preliminary Report. Carter's is a major American designer and marketer of children's apparel. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=nsaIbN at no extra charge.[CC] CARTER'S INC: Namvary Suit Consolidated with Related Actions ------------------------------------------------------------ In the class action lawsuit captioned as SHAHEEN NAMVARY, on behalf of himself and all others similarly situated, v. CARTER'S, INC., and DOES 1-50, inclusive, Case No. 1:25-cv-01929-ELR (N.D. Ga.), the Hon. Judge Eleanor L. Ross entered an order granting the Unopposed Motion to Consolidate Related Actions and Appoint Interim Counsel by Plaintiffs Adina Ringler, Shaheen Namvary, and Ann Booth [Case No. 1:25-cv-01819-ELR; Case No. 1:25-cv-01929- ELR; and Case No. 1:25-cv-02117-ELR, Doc. 48] and has determined that consolidation and appointment of interim class counsel in this proposed class action will promote judicial efficiency and orderly case management while avoiding unnecessary cost and delay. The Court directs the Clerk to administratively close Related Actions 1:25-cv-01929-ELR and 1:25-cv-02117-ELR and to file a copy of all filings docketed in these two Related Actions in this lead case 1:25-cv-01819-ELR. The Plaintiffs in the Consolidated Action shall file an operative Consolidated Complaint within 30 DAYS of the date of this Order The Court stays the deadline for Plaintiffs to move for class certification under Federal Rule of Civil Procedure 23(c)(1). The Parties shall address the class certification schedule in their Joint Preliminary Report. Carter's is a major American designer and marketer of children's apparel. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=krhYrm at no extra charge.[CC] CARTER'S INC: Ringler Suit Consolidated with Related Actions ------------------------------------------------------------ In the class action lawsuit captioned as ADINA RINGLER, on behalf of herself and all others similarly situated, v. CARTER'S, INC., and DOES 1-50, inclusive, Case No. 1:25-cv-01819-ELR (N.D. Ga.), the Hon. Judge Eleanor L. Ross entered an order granting the Unopposed Motion to Consolidate Related Actions and Appoint Interim Counsel by Plaintiffs Adina Ringler, Shaheen Namvary, and Ann Booth [Case No. 1:25-cv-01819-ELR; Case No. 1:25-cv-01929- ELR; and Case No. 1:25-cv-02117-ELR, Doc. 48] and has determined that consolidation and appointment of interim class counsel in this proposed class action will promote judicial efficiency and orderly case management while avoiding unnecessary cost and delay. The Court directs the Clerk to administratively close Related Actions 1:25-cv-01929-ELR and 1:25-cv-02117-ELR and to file a copy of all filings docketed in these two Related Actions in this lead case 1:25-cv-01819-ELR. The Plaintiffs in the Consolidated Action shall file an operative Consolidated Complaint within 30 DAYS of the date of this Order The Court stays the deadline for Plaintiffs to move for class certification under Federal Rule of Civil Procedure 23(c)(1). The Parties shall address the class certification schedule in their Joint Preliminary Report. Carter's is a major American designer and marketer of children's apparel. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=BNcLpG at no extra charge.[CC] CHURCH STREET: Pre-Class Cert Discovery in Slaven Due Sept. 30 -------------------------------------------------------------- In the class action lawsuit captioned as Candace Slaven v. Church Street Restaurant Associates of Saratoga, LLC, et al., Case No. 1:25-cv-00227-DNH-DJS (N.D.N.Y.), the Hon. Judge Daniel Stewart entered a scheduling order as follows: Any motion to join any person as a party to this action shall be made on or before June 30, 2025. Any motion to amend any pleading in this action shall be made on or before June 30, 2025. All discovery in this matter is to be completed on or before Sept. 30, 2026. Pre-class certification discovery deadline is Sept. 30, 2025. Deadline to move for class certification is Dec. 1, 2025. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Hhxybi at no extra charge.[CC] COMPASS MINERALS: Continues to Defend Securities Suit in Kansas --------------------------------------------------------------- Compass Minerals International 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 8, 2025, that the Company continues to defend itself from a securities class suit in the United States District Court for the District of Kansas. On April 24, 2024, a putative securities class action was filed in the United States District Court for the District of Kansas. The complaint alleges that the Company and certain individuals made materially false and misleading statements regarding Fortress North America and that shareholders were damaged by these statements. On December 12, 2024, the Court appointed lead plaintiff and counsel. Plaintiffs filed an Amended Complaint on February 10, 2025. The parties reached an agreement in principle to resolve the matter, which settlement has been consented to by the Company's insurers. There are other related lawsuits in the earliest stages, and the Company is currently unable to assess with any certainty, what if any damages could be awarded in those matters. Compass produces salt, plant nutrients and magnesium chloride for distribution primarily in North America. CONOCOPHILLIPS: Continues to Defend Federal Securities Class Suit ----------------------------------------------------------------- ConocoPhillips disclosed in its Form 10-Q Report for the quarterly period ending March 31, 2025 filed with the Securities and Exchange Commission on May 8, 2025, that the Company continues to defend itself from a federal securities class suit in the United States District Court for the Southern District of Texas. In July 2021, a federal securities class action was filed against Concho Resources Inc. (Concho), certain of Concho's officers, and ConocoPhillips as Concho's successor in the United States District Court for the Southern District of Texas. On October 21, 2021, the court issued an order appointing Utah Retirement Systems and the Construction Laborers Pension Trust for Southern California as lead plaintiffs (Lead Plaintiffs). On January 7, 2022, the Lead Plaintiffs filed their consolidated complaint alleging that Concho made materially false and misleading statements regarding its business and operations in violation of the federal securities laws and seeking unspecified damages, attorneys' fees, costs, equitable/injunctive relief and such other relief that may be deemed appropriate. The defendants filed a motion to dismiss the consolidated complaint on March 8, 2022. On June 23, 2023, the court denied defendants' motion as to most defendants including Concho/ConocoPhillips. On April 7, 2025, the court certified a class. The Company believes the allegations in the action are without merit and are vigorously defending this litigation. ConocoPhillips is an independent E&P company based in Texas. CREDIT BUREAU: Filing for Class Cert Bid in Myers Due Oct. 1 ------------------------------------------------------------ In the class action lawsuit captioned as RICHARD D. MYERS, Bankruptcy trustee for the bankruptcy estate of Donna Jean Lunsford, on behalf of themselves and all others similarly situated; and DONNA J. HAMILTON, v. CREDIT BUREAU SERVICES, INC., and C. J. TIGHE, Case No. 8:20-cv-00141-JFB-RCC (D. Neb.), the Hon. Judge Ryan C. Carson entered a sixth amended final progression order: The trial and pretrial conference will not be set at this time but will be set after the Court’s ruling on Plaintiffs’ motion for class certification. Accordingly, the parties are to contact the assigned Magistrate Judge to schedule a status conference to discuss the pretrial and trial setting within ten (10) days of the Court’s ruling on the Plaintiffs’ motion for class certification. The Plaintiff is to complete service of non-party vendor pursuant to Fed.R.Civ.P 45 and 30(b)(6) within 30 days, or no later than June 20, 2025. The deadline for completing remaining discovery is Aug. 29, 2025. The deadline to file motions for class certification is Oct. 1, 2025. The deadline for filing motions for summary judgment is Oct. 1, 2025. The parties shall comply with all other stipulations and agreements recited in their Rule 26(f) planning report that are not inconsistent with this order. Credit is a full-service accounts receivable management company dedicated to serving our local and regional communities. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=ZACtFG at no extra charge.[CC] CRITERION COLLECTION: Class Settlement Agreement Gets Initial Nod ----------------------------------------------------------------- In the class action lawsuit captioned as FRANCIS LUCCHESE-SOTO, KEVIN MCGUIRE, MATTHEW WICKHAM, and AMITAI HELLER, individually and on behalf of all others similarly situated, v. THE CRITERION COLLECTION, LLC, Case No. 1:24-cv-07345-VEC (S.D.N.Y.), the Hon. Judge Valerie Caproni entered an order granting preliminary approval of class action settlement agreement, certifying settlement class, appointing class representatives, appointing class counsel, and approving notice plan. 1. The Final Approval Hearing shall be held before this Court on Wednesday, Oct. 15, 2025, at 2:30 P.M. 2. Class Counsel shall file papers in support of their fee award and Class Representatives' service awards with the Court by Tuesday, Aug. 5, 2025. The Defendant may, but is not required to, file a response to Class Counsel's fee petition with the Court by Tuesday, Aug. 19, 2025. Class Counsel may file a reply in support of their Fee Petition with the Court by Tuesday, Aug. 26, 2025. 3. Papers in support of final approval of the Settlement Agreement and any supplementation to the Fee Petition shall be filed with the Court by Wednesday, Oct. 8, 2025. 4. For purposes of settlement only, the Court conditionally certifies the following Settlement Class as defined in the Settlement Agreement: "All persons who during the Class Period in the United States (i) were a registered user of, or had subscription to, the Criterion Channel Service; and (2) watched a pre-recorded video through the Criterion Channel Service." Criterion is an American home-video distribution company. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Af8UXk at no extra charge.[CC] CUDAHY PLACE: Payne Seeks Leave to File Renewed Bid for Class Cert ------------------------------------------------------------------ In the class action lawsuit captioned as CHARLETTA HARWELL-PAYNE On behalf of Herself and all others similarly situated, V. CUDAHY PLACE SENIOR LIVING, LLC, 41 MANAGEMENT, LLC. Case No. 2:21-cv-00328-PP (E.D. Wis.), the Plaintiff asks the Court to enter an order granting motion for leave to file renewed motion for class certification. The Plaintiff filed her motion for Rule 23 class certification on August 20, 2021, which Plaintiff filed at the end of March of 2021, was a motion for Fair Labor Standards Act Conditional Certification that was mislabeled as a motion for certification; as shown, for example, by the Plaintiff attaching a proposed opt-in consent form to the Motion. In December of 2021, the Court entered an order that granted leave to amend the complaint to add 41 Management as a Defendant and dismissed both the Motion for Conditional Certification and the Motion for Rule 23 Certification without prejudice. The Plaintiff filed her Second Amended Complaint to add 41 Management as a defendant on December 7, 2021. Cudahy is an assisted living and retirement home. A copy of the Plaintiff's motion dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=aJEUp9 at no extra charge.[CC] The Plaintiff is represented by: Yingtao Ho, Esq. THE PREVIANT LAW FIRM, S.C. 310 W. Wisconsin Avenue, Suite 100MW Milwaukee, WI 53203 Telephone: (414) 271-4500 Facsimile: (414) 271-6308 E-mail: yh@previant.com DELAWARE NORTH: Bender-Gibbs Sues Over Failure to Pay Proper Wages ------------------------------------------------------------------ Darlene Bender-Gibbs, for herself and on behalf of all others similarly situated v. Delaware North Companies, Incorporated, Delaware North Companies Sportservice Inc., Florida Sportservice, Inc., Lakeland Sportservice, Inc., and an unknown entity doing business as "Lakeland Sportservice, LLC," Case No. 8:25-cv-01338 (M.D. Fla., May 27, 2025), is brought under the Fair Labor Standards Act (the "FLSA"), as a result of the Defendants' failure to pay proper wages. The Defendants violated the FLSA with respect to Plaintiffs by paying them a flat rate for tips during the spring training season instead of paying Plaintiffs the tips they received. During the Major Leage Baseball spring training season, Defendants instituted a policy of not paying the full amount of credit card tips left by customers to Plaintiffs. Instead, Defendants retained all tips and paid a flat amount to Plaintiffs, such as $50 per shift, in lieu of actual tips received from customers. The amount paid was significantly lower than what Plaintiffs would have received if Defendants had paid all tips to Plaintiffs. In instituting the policy, and refusing to correct it after complaints were made, the Defendants acted willfully in reckless disregard for the fact that their policy violated the FLSA. The Plaintiffs have consented to the undersigned firm pursuing this claim on their behalf., says the complaint. The Plaintiff worked in the Defendants' concession stands at Joker Merchant Stadium during the spring training season in 2023, 2024, and 2025. Delaware North, Inc. is a national provider of hospitality, entertainment and foodservice services.[BN] The Plaintiff is represented by: J. Kemp Brinson, Esq. REED MAWHINNEY & LINK 53 Lake Morton Drive, Suite 100 Lakeland, FL 32803 Office: 863-687-1771 Mobile: 863-288-0234 Email: Kemp@PolkLawyer.com JKBService@PolkLawyer.com DISCOUNT AUTO: Class Cert Filing in U.S. Equal Suit Due July 24 --------------------------------------------------------------- In the class action lawsuit captioned as U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. DISCOUNT AUTO PARTS LLC & ADVANCE AUTO PARTS, INC., Case No. 9:24-cv-81200-RLR (S.D. Fla.), the Hon. Judge Robin Rosenberg entered an order granting motion to intervene and add new claims and extending remaining deadlines: On Sept. 30, 2024, the Equal Employment Opportunity Commission (the "EEOC") initiated this action against Defendant Discount Auto Parts. Thus, the Court finds that the Motion is timely because second, third, and fourth timeliness factors weigh in Warrens' favor. Warrens has satisfied her burden to show that her intervention is appropriate and that the new claims should be added under Rule 24(a). The Court further entered an order that all remaining deadlines are extended as follows: July 17, 2025: The parties shall provide opposing counsel with a written list with the names and addresses of all primary/initial expert witnesses intended to be called at trial and only those primary/initial expert witnesses listed shall be permitted to testify. July 24, 2025: Any motions for class certification shall be filed. August 15, 2025: The parties shall provide opposing counsel with a written list with the names and addresses of all rebuttal/responsive expert witnesses intended to be called at trial and only those rebuttal/responsive expert witnesses listed shall be permitted to testify. Sept. 15, 2025: All fact discovery shall be completed. Sept. 15, 2025: All expert discovery shall be completed. Oct. 16, 2025: All Pretrial Motions, including summary judgment motions, Daubert motions, and motions in limine shall be filed. Nov. 17, 2025: Mediation must be completed. Nov. 26, 2025, at 10:00 a.m.: Pretrial Status Conference. Dec. 12, 2025: The Pretrial Stipulation shall be filed. Discount specializes in the retail sale of automotive replacement parts and accessories. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=STOqR0 at no extra charge.[CC] DONALD TRUMP: Bid to Reconsider Class Cert Denial Order Vacated --------------------------------------------------------------- In the class action lawsuit captioned as W.M.M., on his own behalf and on behalf of all others similarly situated, et al., v. DONALD J. TRUMP, in his official capacity as President of the United States, et al., Case No. 1:25-cv-00059-H (N.D. Tex.), the Hon. Judge James Wesley Hendrix entered an order vacating the petitioners' motion for reconsideration of the Court's previous order denying class certification because the Supreme Court subsequently granted certiorari. In the Court's order denying class certification, the Court stated that "in the event that the Supreme Court grants the [petitioners'] pending petition for a writ of certiorari, this Order is automatically vacated." In their notice of appeal, the petitioners appealed the Court's order denying the first motion for a temporary restraining order, as well as the "constructive denials" of the petitioners' motions for class certification and second motion for a temporary restraining order. Because the grant of certiorari automatically resulted in vacatur of the Court's order denying class certification, and the Fifth Circuit now has jurisdiction over the issue of class certification, the Court denies as moot the motion for reconsideration. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=VoHQkt at no extra charge.[CC] EAP OHIO: Gateway Seeks Continuance of Class Cert Hearings ---------------------------------------------------------- In the class action lawsuit captioned as GATEWAY ROYALTY LLC, et al., v. EAP OHIO LLC, et al., Case No. 5:20-cv-02813-CEF (N.D. Ohio), the Plaintiffs ask the Court to enter an order continuing the hearings on the Daubert motions and class certification until after the Court rules on Plaintiffs' summary judgment motion. The Defendants have declined to join in this motion and have stated they intend to oppose it. In explaining their decision, Defendants errantly characterize the pre-suit notice issue as a "merits issue." Pre-suit notice is not a merits issue. It is a threshold issue on the justiciability of the claims. It has nothing whatsoever to do with the merits of the Plaintiffs' breach of contract claims that lie at the heart of this matter. It is entirely appropriate, and most efficient, for the Court to resolve the pre-suit notice issue before wading into the complex issues embedded in the Daubert and class certification motions The case is a putative class action in which Plaintiffs allege that Defendants took improper cost deductions from the natural gas royalties paid to them and members of the putative class. In their answer to Plaintiffs' Amended Class Action Complaint, Defendants raised the affirmative defense that "Plaintiffs' and/or members of the putative class's claims are barred, in whole or in part, by failure to satisfy the condition precedent of providing notice to Encino of any alleged breach of the lease(s)." In their opposition to Plaintiffs' motion for class certification, Defendants argue that the pre-suit notice letter mailed by the named Plaintiffs is insufficient. They argue further that each unnamed class member whose lease contains a pre-suit notice provision was required to provide individual pre-suit notice and that their failure to do so defeats certification of all three sub-classes. EAP is an oil and natural gas acquisition company. A copy of the Plaintiffs' motion dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Ucgwvq at no extra charge.[CC] The Plaintiffs are represented by: Robert C. Sanders, Esq. LAW OFFICE OF ROBERT C. SANDERS 12051 Old Marlboro Pike Upper Marlboro, MD 20772 Telephone: (410) 371-2132 E-mail: robert.sanders@verizon.net EEMA INDUSTRIES: Mandatory Scheduling Conference Order Entered -------------------------------------------------------------- In the class action lawsuit captioned as SIGNIFY HOLDING B.V., et al., v. EEMA INDUSTRIES INC., Case No. 2:25-cv-03928-SB-MAR (C.D. Cal.), the Hon. Judge Stanley Blumenfeld, Jr. entered a mandatory scheduling conference order as follows: A request to continue the scheduling conference will be granted only for good cause. The parties should plant to file the joint Rule 26(f) report on the original due date even if a continuance of the MSC is granted. The Court will not continue the MSC to allow the parties to explore settlement. The CMO deadlines will not be continued absent a timely showing of good cause presented in a Word document along with a proposed order delivered to Judge Blumenfeld's email (SB_Chambers@cacd.uscourts.gov). EEMA offers indoor and outdoor lighting solutions, recessed, track, and undercabinet LED products. A copy of the Court's order dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=VZQRKE at no extra charge.[CC] EXPRESS WASH: Curry Allowed to Amend Complaint ---------------------------------------------- In the class action lawsuit captioned as KENNETH CURRY, individually and on behalf of a class of similarly situated persons, v. EXPRESS WASH OPERATIONS, LLC, d/b/a WHISTLE EXPRESS CAR WASH, Case No. 1:24-cv-00178-MR-WCM (W.D.N.C.), the Hon. Judge Martin Reidinger entered an order granting the Plaintiff's motion to amend. In light of the forthcoming Amended Complaint, the Court finds the Plaintiff's Objections to the Magistrate Judge's Order and the other pending motions to be moot. Once the Defendant has answered the Amended Complaint, the parties shall conduct a new initial attorneys' conference, and a new case management plan will issue setting new deadlines for the disclosure of expert witnesses, the completion of discovery, the filing of class certification motions, and other pretrial matters. The Plaintiff's motion for leave to file first amended class action complaint is granted, and the Plaintiff shall file an Amended Complaint within seven (7) days of the entry of this Order. The Plaintiff alleges that the Defendant engaged in "an illegal and deceptive 'automatic renewal' scheme with regard[ ] to the sale of car washes and subscriptions to a monthly 'Wash Club' at its location in Murphy, North Carolina." The Complaint identifies the members of the proposed class as "all consumers in the State of North Carolina who were enrolled in a 'Wash Club' at the Whistle Express location in Murphy, North Carolina and subject to the Defendant's unlawful automatic renewal scheme." The Defendant operates more than 100 car wash locations in nine states throughout the Midwest and Southeast, and multiple car washes in North Carolina. A copy of the Court's order dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=rcDaRJ at no extra charge.[CC] FIFTH THIRD BANK: Filing of Class Cert Response Amended to June 20 ------------------------------------------------------------------ In the class action lawsuit captioned as TROY HOWARDS, on behalf of himself and all others similarly situated, v. FIFTH THIRD BANK, Case No. 1:18-cv-00869-MRB (S.D. Ohio), the Hon. Judge Michael R. Barrett entered an order amending case calendar as follows: (1) The deadline for the Defendant's response to the Plaintiff's motion for class certification is now June 20, 2025; (2) The deadline for the Plaintiff's reply in support of class certification is now July 21, 2025; and (3) Following the completion of briefing, the Court will set a status conference to discuss all remaining deadlines and a class certification hearing. The Defendant is a bank holding company. A copy of the Court's order dated May 21, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=PafFrs at no extra charge.[CC] FLO HEALTH: Partially Wins Bid for Summary Judgment --------------------------------------------------- In the class action lawsuit captioned as ERICA FRASCO, et al., v. FLO HEALTH, INC., et al., Case No. 3:21-cv-00757-JD (N.D. Cal.), the Hon. Judge James Donato entered an order granting and denying in part motions for summary judgment. The order resolves the motions for summary judgment filed by defendants Flo and Meta. The parties' familiarity with the record is assumed. -- Summary judgment is granted to Meta on named plaintiffs' CDAFA, Federal Wiretap Act, aiding-and-abetting intrusion upon seclusion, and UCL claims but is denied in all other respects. -- Summary judgment is granted to Flo on the UCL and implied contract claims, as well as the claim of unjust enrichment insofar as that is asserted as a standalone claim. -- Summary judgment is also granted to Flo on all claims asserted by the Plaintiff Pietrzyk but is denied in all other respects. The request for judicial notice is denied as moot. First, summary judgment is granted on the claim under the Wiretap Act. Second, summary judgment on the claims under the California Invasion of Privacy Act (CIPA) is denied. Third, summary judgment on the California Comprehensive Computer Data Access and Fraud Act (CDAFA) claim, is granted. Fourth, summary judgment is granted on individual named plaintiffs' claim that Meta aided and abetted Flo's intrusion upon seclusion. Fifth, with the named plaintiffs' agreement, summary judgment is granted on the UCL claim. Summary judgment is granted on all claims asserted by the plaintiff Pietrzyk, who did not start using the Flo App until long after the class period and whose claims plaintiffs did not defend. Flo is a period and ovulation tracker. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=nqKdj6 at no extra charge.[CC] FLORIDA: Anderson Suit Seeks More Time to File Class Cert. ---------------------------------------------------------- In the class action lawsuit captioned as KARIMA ANDERSON, ANDREW BECKER, SHANNA BROWN, WAYNE NEWELL, REZA KUSANI, STUART REESE, ROBIN REESE, ZACK THOMPSON, and VICTOR KHOURY, v. FLORIDA DEPARTMENT OF COMMERCE (FDOC) and J. ALEX KELLY, in his official capacity as Florida Secretary of Commerce, Case No. 4:25-cv-00016-AW-MAF (N.D. Fla.), the Plaintiffs ask the Court to enter an order extending the deadline for filing the motion to certify the class until the completion of the discovery or until the Court enters a scheduling order after consultation with the Parties. The Defendants allegedly engaged in blatant racial discrimination against their own citizens in plain violation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. At Defendants’ request, Plaintiffs delayed service after filing the class action complaint. This case is therefore still in its incipient stage: Discovery has not yet begun, and Defendants have not even filed an answer. A class certification motion would thus be premature. Accordingly, on April 11, 2025, Plaintiffs filed an unopposed motion for an extension of time to file the motion to certify the class. The Court granted that motion on April 14, 2025, extending the time to file the motion to certify the class to May 29, 2025. Florida Department of Commerce is a state agency responsible for community, economic, and workforce development in Florida. A copy of the Plaintiffs' motion dated May 26, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=IxQyyG at no extra charge.[CC] The Plaintiffs are represented by: William T. Thompson, Esq. Jonathan F. Cohn, Esq. Jared B. Magnuson, Esq. Mark M. Rothrock, Esq. LEHOTSKY KELLER COHN LLP 408 W. 11th Street, 5th Floor Austin, TX 78701 Telephone: (512) 693-8350 E-mail: will@lkcfirm.com jon@lkcfirm.com jared@lkcfirm.com mark@lkcfirm.com FPL FOOD: Wins Bid to Compel Arbitration in Taylor Suit ------------------------------------------------------- In the class action lawsuit captioned as MARIE TAYLOR, on behalf of herself and all others similarly situated, v. FPL FOOD LLC, Case No. 4:24-cv-00149-RSB-CLR (S.D. Ga.), the Hon. Judge R. Stan Baker entered an order granting the Defendant's motion to compel arbitration. The Court orders the parties to individually submit the underlying dispute to arbitration in accordance with the Arbitration Agreement. In addition, the Court directs the Clerk of Court to stay and administratively close this case. The parties are directed to file a joint report on the status of the arbitration proceeding 90 days from the date of this Order, every 90 days thereafter, and within 10 days of completion of arbitration proceedings. The Plaintiff's data-breach claims are subject to the parties' agreement to arbitrate. An arbitrator must determine whether the arbitration agreement is enforceable despite the inclusion of what the Plaintiff contends is an unconscionable class action waiver. Accordingly, the Court grants FPL's motion to compel arbitration. On June 6, 2024, the Defendant learned of a data breach during which an unknown actor accessed the Plaintiff's PII. On April 24, 2024, the Defendant sent the Plaintiff and class members a notice informing them of this breach. The Plaintiff sued the Defendant on July 17, 2024. The Plaintiff alleges in the Complaint that, because of the data breach, the Plaintiff and class members have suffered injuries. On Sept. 12, 2024, the Defendant filed its motion to compel arbitration. FPL is a producer of fresh beef with its principal place of business in Augusta, Georgia. A copy of the Court's order dated May 27, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=p5Gpar at no extra charge.[CC] FULLBEAUTY BRANDS: Cody Suit Removed to C.D. California ------------------------------------------------------- The case captioned as Annette Cody, individually, and on behalf of all others similarly situated v. FULLBEAUTY BRANDS, INC., a Delaware Corporation, d/b/a WWW.AVENUE.COM, Case No. CVRI2501703 was removed from the Superior Court of the State of California in and for the County of Riverside, to the United States District Court for the Central District of California on May 27, 2025, and assigned Case No. 2:25-cv-04784. The Plaintiff's Complaint alleges nothing more than generalized conclusory assertions that FullBeauty advertises "fictitious prices" and "phantom discounts" for its products on its website www.avenue.com. She alleges she purchased a product on the website, and that she was injured as a result. The Plaintiff brings claims for violations of California's False Advertising Law (FAL), and of California Consumers Legal Remedies Act (CLRA).[BN] The Defendants are represented by: Jacob M. Harper, Esq. Heather F. Canner, Esq. Joseph Elie-Meyers, Esq. DAVIS WRIGHT TREMAINE LLP 350 S. Grand Avenue, 27th Floor Los Angeles, CA 90071 Phone: (213) 633-6800 Fax: (213) 633-6899 Email: jacobharper@dwt.com heathercanner@dwt.com josepheliemeyers@dwt.com GEICO: Class Cert Response Extended to June 30 in Marcelletti ------------------------------------------------------------- In the class action lawsuit captioned as Marcelletti v. GEICO General Insurance Company, Case No. 6:23-cv-06211 (W.D.N.Y., Filed April 17, 2023), the Hon. Judge Elizabeth A. Wolford entered an order that all deadlines, starting with the Defendant's response in opposition to the Plaintiff's anticipated amended motion for class certification, are extended by 30 days. -- The Defendant's response in opposition to class certification, which was due on May 30, 2025, shall now be served by June 30, 2025. -- All other instructions with respect to the procedures for filing included in the Third Amended Scheduling Order remain in place. The nature of suit states Diversity-Breach of Contract. GEICO offers a variety of additional insurance such as life, umbrella, travel, and overseas.[CC] GENENTECH INC: Seeks Leave to File Class Cert Opposition Brief -------------------------------------------------------------- In the class action lawsuit captioned as Tulsa Cancer Institute, PLLC et al v. Genentech, Inc., Case No. 4:15-cv-00157-GKF-JFJ (N.D. OKla.), the Defendant asks the Court to enter an order granting unopposed motion for leave to file a supplemental brief in opposition to the Plaintiffs' motion for class certification. The Defendant contends that the short supplement will provide the Court with an update on Genentech's post-briefing resolutions with two individual plaintiffs, including one of the proposed class representatives. Genentech seeks leave to file a supplemental brief of not more than 10 pages in further opposition to Plaintiffs' Motion for Class Certification. The Plaintiffs filed their Motion for Class Certification on Sept. 27, 2024. Genentech filed its opposition brief on Nov. 12, 2024, and Plaintiffs filed their reply on Dec. 9, 2024. Genentech, Inc. is an American biotechnology corporation headquartered in South San Francisco, California. It operates as an independent subsidiary of holding company Roche. Genentech Research and Early Development operates as an independent center within Roche. A copy of the Defendant's motion dated May 21, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=uWR21H at no extra charge.[CC] The Defendant is represented by: William W. O'Connor, Esq. HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON, P.C. 521 East Second Street, Suite 1200 Tulsa, OK 74120 Telephone: (918) 594-0400 Facsimile: (918) 594-0505 E-mail: boconnor@hallestill.com - and - Paul Schmidt, Esq. Stephen Petkis, Esq. COVINGTON & BURLING LLP Washington, DC 20001 Telephone: (212) 841-1171 Facsimile: (202) 778-5663 Email: pschmidt@cov.com spetkis@cov.com - and - Megan Rodgers, Esq. Kathryn E. Cahoy, Esq. COVINGTON & BURLING LLP 3000 El Camino Real, 5 Palo Alto Square Palo Alto, CA 94306 Telephone: (650) 632-4734 Facsimile: (650) 632-4834 Email: mrodgers@cov.com kcahoy@cov.com - and - Alicia J. Donahue, Esq. SHOOK, HARDY & BACON LLP 555 Mission Street, Suite 2300 San Francisco, CA 94105 Telephone: (415) 544-1900 Facsimile: (415) 391-0281 E-mail: adonahue@shb.com GIFTROCKET INC: Gracie Seeks More Time to File Class Cert Reply --------------------------------------------------------------- In the class action lawsuit captioned as Gracie Baked LLC et al v. GiftRocket, Inc. et al., Case No. 1:22-cv-04019-RPK-VMS (E.D.N.Y.), the Plaintiffs ask the Court to enter an order granting request for an extension of time to file a Reply in support of their Motion for Class Certification and to conduct necessary discovery caused by the Defendants' belated disclosure of an expert report and witnesses. The Plaintiffs would be prejudiced if they are not granted additional time to conduct discovery on these matters, and the Court should not reward Defendants’ gamesmanship here -- waiting until the very last possible minute to disclose their expert and additional witnesses. Accordingly, the Plaintiffs have shown good cause to extend the briefing schedule on class certification to permit Plaintiffs to conduct adequate discovery to support their motion. The Plaintiffs therefore request an extension of time to file their Reply and conduct discovery related to it, and therefore ask the Court enter the following schedule: -- Completion of document discovery: June 20, 2025 -- Final date to complete depositions: July 17, 2025 Accordingly, the Court should permit Plaintiffs a reasonable opportunity to conduct discovery of Defendants’ belatedly disclosed expert and additional declarants. GiftRocket specializes in providing online gift cards and e-gift certificates across various industries. A copy of the Plaintiffs' motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=IBu09p at no extra charge.[CC] The Plaintiffs are represented by: Raphael Janove, Esq. JANOVE PLLC 500 7th Avenue, 8th Floor New York, NY 10018 Telephone: (646) 347-3940 E-mail: raphael@janove.law GOOGLE LLC: Class Certification Bid Modified to Nov. 21 ------------------------------------------------------- In the class action lawsuit captioned as A.B., a minor, by and through his guardian JEN TURNER, C.D.1, C.D.2, and C.D.3 minors, by and through their guardian KIRENDA JOHNSON, E.F.1, and E.F.2, by and through their guardian BARABRA HAYDEN-SEAMAN, individually and on behalf of all others similarly situated, v. GOOGLE LLC, ADMOB GOOGLE INC., and ADMOB, INC., Case No. 5:23-cv-03101-PCP (N.D. Cal.), the Hon. Judge P. Casey Pitts entered an modified order granting the Plaintiffs' motion for extension of case schedule: Event Deadline Substantial Completion of Class Certification: Sept. 15, 2025 Motion for Class Certification: Nov. 21, 2025 Opposition to Motion for Class Certification: Jan. 23, 2026 Reply in Support of Motion for Class Feb. 20, 2026 Certification: Hearing on Motion for Class Certification: Mar. 12, 2026 Fact Discovery Cutoff: April 22, 2026 Trial Setting Conference: Dec. 8, 2026 Jury Trial: March 1, 2027 Google operates as a global technology company specializes in internet related services and products. A copy of the Court's order dated May 21, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=sSU1zz at no extra charge.[CC] The Plaintiffs are represented by: Patrick Carey, Esq. Mark Todzo, Esq. LEXINGTON LAW GROUP 503 Divisadero Street San Francisco, CA 94105 Telephone: (415) 913-7800 E-mail: pcarey@lexlawgroup.com mtodzo@lexlawgroup.com - and - David S. Golub, Esq. Steven L. Bloch, Esq. Ian W. Sloss, Esq. Johnathan Seredynski, Esq. Jennifer Sclar, Esq. SILVER GOLUB & TEITELL LLP One Landmark Square, 15th Floor Stamford, CT 06901 Telephone: (203) 325-4491 E-mail: isloss@sgtlaw.com sbloch@sgtlaw.com jseredynski@sgtlaw.com jsclar@sgtlaw.com GRAFIX INC: Lucio Sues Over Mobility-Inaccessible Properties ------------------------------------------------------------ Lola Lucio, individually, and all others so similarly situated v. GRAFIX Inc., Case No. 2:25-cv-11541-LJM-DRG (E.D. Mich., May 27, 2025), is brought for injunctive relief, and attorney's fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act ("ADA"), and for damages pursuant to the Michigan Persons With Disabilities Civil Rights Act ("PDCRA") against the owners and/or operators of L.A. Cafe, which contained numerous architectural barriers for the disabled. The Plaintiff has visited the property which forms the basis of this lawsuit, has been back to the property since then, and has plans to return on a regular basis to avail herself of the goods and services offered to the public at the property. There are numerous architectural barriers present at L.A. Cafe that prevent and/or restrict access by Plaintiff, in that several features, elements, and spaces of L.A. Cafe are not accessible to or usable by Plaintiff and the Standards for Accessible Design, 28 C.F.R., Pt. 36, Appendix A ("the Standards"). The Plaintiff will continue to suffer such discrimination, injury and damage without the immediate relief provided by the ADA as requested herein. The Plaintiff has been denied access to, and has been denied the benefits of services, programs and activities of the Defendant's buildings and its facilities, the opportunity to use such elements, and has otherwise been discriminated against and damaged by the Defendant because of the Defendant's ADA violations, says the complaint. The Plaintiff is a resident of Genesee County, Michigan, suffers from mobility issues, must ambulate with a cane and a walker. The Defendant owns, leases, leases to, or operates L.A. Cafe.[BN] The Plaintiff is represented by: Pete M. Monismith, Esq. 1000 Main Street, Suite 2016 Pittsburgh, PA 15215 Phone: 724-610-1881 Email: Pete@monismithlaw.com HOLY GRAIL CONSULTING: Barack Files TCPA Suit in S.D. Florida ------------------------------------------------------------- A class action lawsuit has been filed against Holy Grail Consulting, LLC. The case is styled as Michael Barack, individually and on behalf of all others similarly situated v. Holy Grail Consulting, LLC, Case No. 1:25-cv-22397-RAR (S.D. Fla, May 27, 2025). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Holy Grail Consulting, LLC -- https://www.holygrailproperties.com/ -- is a real estate consultant in Fort Lauderdale, Florida.[BN] The Plaintiff is represented by: Christopher Chagas Gold, Esq. GOLD LAW, PA 350 Lincoln Rd., 2nd Floor Miami Beach, FL 33139 Phone: (561) 789-4413 Email: chris@chrisgoldlaw.com HOME TELECOM: Acuna Suit Removed to D. South Carolina ----------------------------------------------------- The case styled as Brianna Acuna, individually and on behalf of all others similarly situated v. Home Telecom, Inc., Case No. 2025CP0801370 was removed from the Berkeley County Court of Common Pleas, to the U.S. District Court for the District of South Carolina on May 27, 2025. The District Court Clerk assigned Case No. 2:25-cv-04562-DCN to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Home Telecom -- https://www.homesc.com/ -- is an independent telecommunications company located in Moncks Corner, South Carolina.[BN] The Plaintiff is represented by: Neil Patrick Williams, Esq. SIRI AND GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Phone: (929) 474-6448 Email: nwilliams@sirillp.com The Defendants are represented by: Paul D. Harrill, Esq. BURR AND FORMAN LLP PO Box 11390 Columbia, SC 29211 Phone: (803) 799-9800 Fax: (803) 376-2278 Email: pharrill@burr.com HOME WIRELESS: Daniels Suit Removed to D. South Carolina -------------------------------------------------------- The case styled as Michael Daniels, individually and on behalf of all others similarly situated v. Home Wireless, Inc. d/b/a Home Telecom LLC, Case No. 2025CP0801370 was removed from the Berkeley County Court of Common Pleas, to the U.S. District Court for the District of South Carolina on May 27, 2025. The District Court Clerk assigned Case No. 2:25-cv-04564-DCN to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Home Wireless, Inc. doing business as Home Telecom -- https://www.homesc.com/ -- is an independent telecommunications company located in Moncks Corner, South Carolina.[BN] The Plaintiff is represented by: Glenn V. Ohanesian, Esq. Karolan Furr Ohanesian, Esq. OHANESIAN AND OHANESIAN PO Box 2433 Myrtle Beach, SC 29578 Phone: (843) 626-7193 Email: ohanesianlawfirm@cs.com The Defendants are represented by: Paul D. Harrill, Esq. BURR AND FORMAN LLP PO Box 11390 Columbia, SC 29211 Phone: (803) 799-9800 Fax: (803) 376-2278 Email: pharrill@burr.com HOME WIRELESS: Haenel Suit Removed to D. South Carolina ------------------------------------------------------- The case styled as Cara Haenel, on behalf of herself and all others similarly situated v. Home Wireless, Inc. doing business as Home Telecom, Case No. 2025CP0801356 was removed from the Berkeley County Court of Common Pleas, to the U.S. District Court for the District of South Carolina on May 27, 2025. The District Court Clerk assigned Case No. 2:25-cv-04567-DCN to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Home Wireless, Inc. doing business as Home Telecom -- https://www.homesc.com/ -- is an independent telecommunications company located in Moncks Corner, South Carolina.[BN] The Plaintiff is represented by: Paul J. Doolittle, Esq. POULIN WILLEY ANASTOPOULO LLC 32 Ann Street Charleston, SC 29403 Phone: (843) 834-4712 Email: paul.doolittle@poulinwilley.com The Defendants are represented by: Paul D. Harrill, Esq. BURR AND FORMAN LLP PO Box 11390 Columbia, SC 29211 Phone: (803) 799-9800 Fax: (803) 376-2278 Email: pharrill@burr.com HOME WIRELESS: Ware Suit Removed to D. South Carolina ----------------------------------------------------- The case styled as Deborah Ware, individually and on behalf of all others similarly situated v. Home Wireless, Inc. doing business as Home Telecom, Case No. 2025CP0801395 was removed from the Berkeley County Court of Common Pleas, to the U.S. District Court for the District of South Carolina on May 27, 2025. The District Court Clerk assigned Case No. 2:25-cv-04570-DCN to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Home Wireless, Inc. doing business as Home Telecom -- https://www.homesc.com/ -- is an independent telecommunications company located in Moncks Corner, South Carolina.[BN] The Plaintiff is represented by: Neil Patrick Williams, Esq. SIRI AND GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Phone: (929) 474-6448 Email: nwilliams@sirillp.com The Defendants are represented by: Paul D. Harrill, Esq. BURR AND FORMAN LLP PO Box 11390 Columbia, SC 29211 Phone: (803) 799-9800 Fax: (803) 376-2278 Email: pharrill@burr.com HONEYWELL INTERNATIONAL: Leverman Suit Removed to C.D. California ----------------------------------------------------------------- The case captioned as Peter Leverman, on behalf of all similarly-situated v. HONEYWELL INTERNATIONAL INC. and DOES 1 through 50, inclusive, Case No. 2025CUOE042651 was removed from the Superior Court of the State of California in and for the County of Ventura, to the United States District Court for the Central District of California on May 27, 2025, and assigned Case No. 2:25-cv-04768. The Complaint asserts the following claims on a class-wide basis: Failure to Pay All Wages Owed; Failure to Pay All Overtime Wages; Paid Sick Leave Violations; Untimely Payment of Wages; Wage Statement Violations; Waiting Time Penalties; and Unfair Competition.[BN] The Defendants are represented by: Eric M. Fox, Esq. Brett R. Tengberg, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 4660 La Jolla Village Drive, Suite 900 San Diego, CA 92122 Phone: 858-652-3100 Facsimile: 858-652-3101 Email: eric.fox@ogletree.com brett.tengberg@ogletree.com INTERNATIONAL ALLIANCE: Bishop Sues Over Breach of Contract ----------------------------------------------------------- Ronald Bishop, on behalf of himself and all others similarly situated v. INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES LOCAL 52, Case No. 1:25-cv-02907 (E.D.N.Y., May 27, 2025), is brought against the Defendant's breach of contract under the Labor Management Relations Act ("LMRA"), Section 301 and interference violations of the Employee Retirement Income Security Act ("ERISA"). This action challenges a local union's wholesale, and improper, denial of union membership to individuals legally entitled to membership, per the union's constitution and by-laws. Plaintiff and the putative class members have, by the union's improper denial of membership, suffered significant losses in wages, job opportunities and benefits. Local 52 violated the vested membership provision, Article 7, Section 21, of the International Alliance of Theatrical Stage Employees ("IATSE") Constitution ("IATSE Constitution"), which provides for immediate vested membership after a non-member achieves vested status in the union's national employee defined benefit plan, says the complaint. The Plaintiff first applied to join Local 52 in late 2012. Local 52 is a labor organization, as defined by the National Labor Relations Act, and is the largest New York local of IATSE, the self-styled Union Behind Entertainment.[BN] The Plaintiff is represented by: Fred V. Charles, Esq. CHARLES LAW, P.C. 244 Fifth Ave., Suite#2717 New York, NY 100001 Phone: (646) 494-2662 Email: fcharles@charleslawpc.com J. DOER: McMillion's Bid for Class Certification Tossed ------------------------------------------------------- In the class action lawsuit captioned as SKYLER MCMILLION, v. J. DOER, et al., Case No. 1:24-cv-01557-KES-SAB (E.D. Cal.), the Hon. Judge entered an order adopting findings and recommendations and denying the Plaintiff's motion for class certification: 1. The findings and recommendations issued on Feb. 25, 2025, are adopted in full; and 2. The Plaintiff's motion for class certification filed on Feb. 20, 2025 is denied. In accordance with the provisions of 28 U.S.C. section 636(b)(1), the Court has conducted a de novo review of this case. Having carefully reviewed the file, the Court finds the findings and recommendations to be supported by the record and by proper analysis. The Plaintiff is proceeding pro se and in forma pauperis in this civil rights action. On Feb. 25, 2025, the assigned magistrate judge issued findings and recommendations recommending that the plaintiff's motion for class certification be denied. The Plaintiff untimely filed objections on March 28, 2025. In his objections, the plaintiff argues that the Court should appoint an attorney under 28 U.S.C. section 1915(e)(1) to enable him to certify a class. The decision to appoint such counsel is within "the sound discretion of the trial court and is granted only in exceptional circumstances." The Plaintiff does not meet the exceptional circumstances. As the plaintiff's complaint has not yet been screened, the Court cannot make a determination that the plaintiff is likely to succeed on the merits. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=vmvK4q at no extra charge.[CC] JACKSON NATIONAL: Court Narrows Claims in Hughes Suit ----------------------------------------------------- In the class action lawsuit captioned as James Hughes v. Jackson National Life Insurance Company et al., Case No. 5:24-cv-02079-AH-MAR (C.D. Cal.), the Hon. Judge Anne Hwang entered an order granting in part the Defendant's Motion to dismiss the Plaintiff's amended complaint, and motion to strike the class action allegations. The Court grants Defendants' motion to dismiss without prejudice and without leave to amend as to Plaintiff's insufficient interest claims (Counts Two and Four); and grants the Motion with leave to amend as to Plaintiff's declaratory relief, bad faith, elder abuse, and UCL claims (Counts One, Three, Five, and Six). Any amended complaint must be filed and served within fourteen (14) days. Finally, the Court GRANTS IN PART Defendant's Motion to Strike Class Action Allegations as to Counts One, Two and Four, without leave to amend as to Counts Two and Four. The Plaintiff sued the Defendant on July 25, 2024 in the Superior Court of California, County of Riverside, bringing claims for Declaratory Relief, Breach of Contract, Unfair Competition, Financial Elder Abuse, and Bad Faith. The Plaintiff alleges that the Defendant failed to comply with California Insurance Code Sections 10113.71 and 10113.72. The Plaintiff removed this action from the Superior Court of California on Sept. 27, 2024. The Plaintiff filed the FAC on Jan. 6, 2025. Jackson is engaged in business involving the sale and administration of life insurance. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=PxHurn at no extra charge.[CC] KEHE DISTRIBUTORS: Fammons Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against KEHE Distributors, Inc. The case is styled as Terry Fammons, as an individual and on behalf of all others similarly situated v. KEHE Distributors, Inc., Case No. STK-CV-UOE-2025-0007371 (Cal. Super. Ct., San Joaquin Cty., May 27, 2025). The case type is stated as "Unlimited Civil Other Employment." KeHE Distributors -- https://www.kehe.com/ -- is one of the nation's top pure play wholesale food distributors with 19 distribution centers across North America.[BN] NOTE: There are no professionals stated in the doc. KNOX COUNTY, IL: J.B.H. Seeks OK of 2nd Amended Bid for Class Cert. ------------------------------------------------------------------- In the class action lawsuit captioned as J.B.H., by his next friend Debra Medlock, A.M., by his next friend Rachael Puig, and J.L.S., by his next friend Tremay Parrow, on behalf of themselves and all others similarly situated, v. KNOX COUNTY, CHIEF JUDGE RAYMOND A. CAVANAUGH of the Ninth Judicial Circuit Court, BRIDGET E. PLETZ, Director of Court Services of the Ninth Judicial Circuit Court, and WENDI L. STECK, Superintendent of the Mary Davis Home, Case No. 4:24-cv-04096-CRL (C.D. Ill.), the Plaintiffs ask the Court to enter an order granting second amended motion for class certification. The Plaintiffs J.B.H., A.M., and J.L.S. by and through their respective next friends and undersigned counsel, for the reasons explained herein and in their Memorandum in Support filed contemporaneously herewith and incorporated herein by reference, move the Court pursuant to Federal Rule of Civil Procedure 23(a) and 23(b)(2) to certify a class of: "children who are currently, or in the future will be, detained in the Mary Davis Home (the "Class"). The Plaintiffs seek declaratory and injunctive relief on behalf of themselves and the Class, including an order compelling the Defendants to develop and implement a plan to remedy the conditions at the Mary Davis Home, which violate the rights of Plaintiffs and the Class under the Fourteenth, Eighth, and Fourth Amendments to the United States Constitution. The Plaintiffs' proposed Class meets all requirements of Rule 23(a) and 23(b)(2). A copy of the Plaintiffs' motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=f4C6Ne at no extra charge.[CC] The Plaintiffs are represented by: Kevin M. Fee, Esq. Camille E. Bennett, Esq. Samantha Reed, Esq. Alexis Picard, Esq. ROGER BALDWIN FOUNDATION OF ACLU, INC. 150 N. Michigan, Suite 600 Chicago, IL 60601 Telephone: (312) 201-9740 Facsimile: (312) 288-5225 E-mail: kfee@aclu-il.org cbennett@aclu-il.org sreed@aclu-il.org apicard@aclu-il.org - and - Timothy R. Farrell, Esq. Catherine E. Conroy, Esq. ROPES & GRAY LLP 191 North Wacker Drive, 32nd Floor Chicago, IL 60606 Telephone: (312) 845-1209 Facsimile: (312) 845-5569 E-mail: timothy.farrell@ropesgray.com catherine.conroy@ropesgray.com LAKEVIEW LOAN: Bid for Leave re Summary Judgment Tossed ------------------------------------------------------- In the class action lawsuit captioned as Morrill v. Lakeview Loan Servicing, LLC, Case No. 1:22-cv-20955 (S.D. Fla., Filed March 29, 2022), the Hon. Judge Darrin P. Gayles entered an order denying the Defendants' motion for leave regarding summary judgment motions. -- The Court does not find good cause to deviate from S.D. Fla. L.R. 56.1(e) which prohibits multiple motions for summary judgment. -- The Court shall consider motions for summary judgment after resolving Plaintiffs' Motion for Class Certification. The nature of sui states Torts -- Personal Injury -- Other Personal Injury. Lakeview is a mortgage loan servicer.[CC] LEGACY SUPPLY CHAIN: Ayala Suit Removed to C.D. California ---------------------------------------------------------- The case captioned as Robert Ayala, individually, and on behalf of all others similarly situated v. LEGACY SUPPLY CHAIN SERVICES II, INC.; LEGACY SUPPLY CHAIN TRANSPORTATION SERVICES; and DOES 1 through 10, inclusive, Case No. CIVSB2506376 was removed from the Superior Court of the State of California in and for the County of San Bernardino, to the United States District Court for the Central District of California on May 27, 2025, and assigned Case No. 5:25-cv-01294. The State Court action alleges causes of action for: Failure to Pay Minimum Wages; Failure to Pay Overtime Compensation; Failure to Provide Meal periods; Failure to Authorize and Permit Rest Breaks; Failure to Indemnify Necessary Business Expenses; Failure to Timely Pay Final Wages at Termination; Failure to Provide Accurate Itemized Wage Statements; and Unfair Business Practices.[BN] The Defendants are represented by: Leila Nourani, Esq. JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5408 Phone: (213) 689-0404 Facsimile: (619) 689-0430 Email: Leila.Nourani@jacksonlewis.com - and - Lara P. Besser, Esq. Claudia Kozlowska, Esq. JACKSON LEWIS P.C. 225 Broadway, Suite 1800 San Diego, CA 92101 Phone: (619) 573-4900 Facsimile: (619) 573-4901 Email: Lara.Besser@jacksonlewis.com Gabriella.Han@jacksonlewis.com MCDCC I LP: Ayala Files Suit in Cal. Super. Ct. ----------------------------------------------- A class action lawsuit has been filed against MCDCC I, L.P. The case is styled as Alberto Ayala, individually, and on behalf of all others similarly situated v. MCDCC I, L.P., Case No. STK-CV-UOE-2025-0007370 (Cal. Super. Ct., San Joaquin Cty., May 27, 2025). The case type is stated as "Unlimited Civil Other Employment." MCDCC I, LP is a California Corporation.[BN] The Plaintiff is represented by: Kane Moon, Esq. MOON & YANG, APC 725 South Figueroa St., 31st Floor Los Angeles, CA 90017 Phone: 213-232-3128 Fax: 213-232-3125 Email: kane.moon@moonyanglaw.com MDL 1871: Class Cert Bid Must be Partly Granted, Judge Says ----------------------------------------------------------- In the class action lawsuit RE: AVANDIA MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION, Case No. 2:07-md-01871-CMR (E.D. Pa.), the Hon. Judge Rufe entered a judicial opinion granting in part the Plans' motion for class certification as to claims beginning Jan. 1, 2005, until Aug. 14, 2007, and denying in part as to claims before Jan. 1, 2005. The Court is satisfied that the Plans have satisfied the requirements of Rule 23(a) and Rule 23(b)(3). Thus, the Plans’ motion for class certification is granted for the class period of January 1, 2005, until August 14, 2007. The Plaintiffs, Third Party Payors United Food and Commercial Workers Local 1776 and Participating Employers Health and Welfare Fund and J.B. Hunt Transport Services, Inc. (collectively, "the Plans"), filed suits against the Defendant GlaxoSmithKline LLC ("GSK") alleging violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO") and various state consumer protection laws in connection with the marketing of the diabetes drug Avandia. The Plans allege that GSK engaged in deceptive marketing practices by failing to disclose information contradicting the purported cardiovascular benefits of Avandia as compared to other available medications. The Plans moved for class certification to certify the following class of third-party payers ("TPPs") who allege injury arising from the alleged fraudulent marketing by GSK: "All entities in the United States and its territories, which indirectly purchased, and/or provided reimbursement for some or all of the purchase price for the drugs Avandia, Avandamet, and/or Avandaryl from May 25, 1999 until Aug. 14, 2007." Included in the Class are self-insured non-government entities and third-party payers that offer insured plans to private individuals and groups. Likewise third-party payers that offer insured plans to government entities including the Federal Employee Program, Managed Medicaid, and Medicare Part D are class members. The Plans further clarified that the following are excluded from the proposed class: (i) governmental entities other than municipalities and/or local governments with self-funded prescription drug plans; (ii) fully insured health plans, i.e., plans for which the insurer bears 100% of the risk for the reimbursement obligations to members; (iii) pharmacy benefit managers; (iv) natural person consumers; and (v) employees of the Defendant, including its officers or directors, and subsidiaries and affiliates. GSK produces, markets, and distributes oral medications to treat Type II diabetes mellitus under the brand names Avandia, Avandamet, and Avandaryl. A copy of the Court's opinion dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=NDxi5X at no extra charge.[CC] MDL 2700: Genentech Seeks Leave to File Class Opposition Brief -------------------------------------------------------------- In the class action lawsuit re: Genentech Herceptin (Trastuzumab) Marketing and Sales Practices Litigation, Case No. 4:16-md-02700-GKF-JFJ (N.D. Okla.), the Defendant asks the Court to enter an order granting unopposed motion for leave to file a supplemental brief in opposition to the Plaintiffs' motion for class certification. The Defendant contends that the short supplement will provide the Court with an update on Genentech's post-briefing resolutions with two individual plaintiffs, including one of the proposed class representatives. Genentech seeks leave to file a supplemental brief of not more than 10 pages in further opposition to Plaintiffs' Motion for Class Certification. The Plaintiffs filed their Motion for Class Certification on Sept. 27, 2024. Genentech filed its opposition brief on Nov. 12, 2024, and Plaintiffs filed their reply on Dec. 9, 2024. A copy of the Defendant's motion dated May 21, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=IUE55i at no extra charge.[CC] The Defendant is represented by: William W. O'Connor, Esq. HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON, P.C. 521 East Second Street, Suite 1200 Tulsa, OK 74120 Telephone: (918) 594-0400 Facsimile: (918) 594-0505 E-mail: boconnor@hallestill.com - and - Paul Schmidt, Esq. Stephen Petkis, Esq. COVINGTON & BURLING LLP Washington, DC 20001 Telephone: (212) 841-1171 Facsimile: (202) 778-5663 Email: pschmidt@cov.com spetkis@cov.com - and - Megan Rodgers, Esq. Kathryn E. Cahoy, Esq. COVINGTON & BURLING LLP 3000 El Camino Real, 5 Palo Alto Square Palo Alto, CA 94306 Telephone: (650) 632-4734 Facsimile: (650) 632-4834 Email: mrodgers@cov.com kcahoy@cov.com - and - Alicia J. Donahue, Esq. SHOOK, HARDY & BACON LLP 555 Mission Street, Suite 2300 San Francisco, CA 94105 Telephone: (415) 544-1900 Facsimile: (415) 391-0281 E-mail: adonahue@shb.com MDL 3143: Plaintiffs Must File Consolidated Suit by June 13 ----------------------------------------------------------- In the class action lawsuit Re: OpenAI, Inc. Copyright Infringement Litigation, (RE: OPENAI, INC., COPYRIGHT INFRINGEMENT LITIGATION), Case No. 1:25-md-03143 (S.D.N.Y.), the Hon. Judge Sidney Stein entered a case management conference order that: The Class Plaintiffs are directed to submit a proposal for the appointment of a single interim class counsel pursuant to Federal Rule of Civil Procedure 23(g) by May 28, 2025. The Class Plaintiffs shall file a single Consolidated Class Action Complaint on or before June 13, 2025, which is to include only the same products and causes of action that have already been asserted in the pending putative class actions. The Times is directed to submit a stipulation that its motion for leave to amend the complaint is unopposed on or before May 27, 2025. The Defendants are directed to file their oppositions to Raw Story Media's motion for reconsideration on or before Tuesday, May 27, 2025. Raw Story Media shall file its reply on or before June 2, 2025. The parties shall submit a joint proposed case schedule on or before June 17, 2025. The deadline for motions for summary judgment must precede class certification briefing in the proposal. If the parties cannot agree upon a proposed case schedule, they shall submit their competing proposals on or before June 17, 2025. OpenAI is a private research laboratory that aims to develop and direct artificial intelligence (AI) in ways that benefit humanity as a whole. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=E4qzwD at no extra charge.[CC] MEDICREDIT INC: Saggio Suit Seeks to Certify Class Action --------------------------------------------------------- In the class action lawsuit captioned as JASON SAGGIO and JUDE FURR, v. MEDICREDIT, INC, Case No. 4:22-cv-01005-JAR (E.D. Mo.), the Plaintiffs ask the Court to enter an order: -- granting their motion for class certification by certifying the action as a class action, -- certifying the proposed class, -- appointing the Plaintiffs as Class Representatives for the class, and -- appointing the Plaintiffs' counsel as counsel for the class. The Plaintiffs seek certification of the following class: "All persons and entities throughout the United States (1) to whom the Defendant placed a call in connection with a past-due medical debt, (2) directed to a number assigned to a cellular telephone service, but not assigned to a person with a past- due medical debt or their authorized representative, (3) with an artificial or prerecorded voice, (4) from Sept. 26, 2018 through the date of class certification and, which claims have not otherwise been previously released." Medicredit is a debt collector whose clients are hospitals and doctors. A copy of the Plaintiffs' motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=en9h4E at no extra charge.[CC] The Plaintiffs are represented by: Patrick A. Barthle II, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 N. Franklin Street, 7th Floor Tampa, FL 33602 Telephone: (813) 229-4023 Facsimile: (813) 222-4708 E-mail: PBarthle@ForThePeople.com - and - Billy Peerce Howard, Esq. THE CONSUMER PROTECTION FIRM 4030 Henderson Boulevard Tampa, FL 33629 Telephone: (813) 500-1500 Facsimile: (813) 435-2369 E-mail: Billy@TheConsumerProtectionFirm.com - and - Avi Robert Kaufman, Esq. Rachel Elizabeth Kaufman, Esq. KAUFMAN P.A. 237 South Dixie Highway, Floor 4 Coral Gables, FL 33133 Telephone: (305) 469-5881 E-mail: avi@kaufmanpa.com rachel@kaufmanpa.com MERCEDES-BENZ USA: Seeks Leave to File Class Cert Docs Under Seal ----------------------------------------------------------------- In the class action lawsuit captioned as LENA JAMIL, SAMAAL ROBERSON, SHIDEH KHABAZIAN, AND ALAN RADTKE, individually and on behalf of all others similarly situated, v. MERCEDES-BENZ USA, LLC, Case No. 2:22-cv-08130-FLA-AJR (C.D. Cal.), the Defendant asks the Court to enter an order granting application for leave to file documents under seal in connection with their opposition to the Plaintiffs' motion for class certification. The exhibits and declaration for which a sealed filing is sought relate to information that has been designated "Confidential" by MBUSA under the Stipulated Protective Order. MBUSA also seeks to seal portions of the expert report from MBUSA’s expert, Jeffrey Klenk. Specifically, MBUSA seeks leave to file the following under seal: 1. Portions of the exhibits appended to the expert report of MBUSA's expert, Jeffery Klenk, in support of MBUSA's Opposition to the Plaintiffs' motion for class certification. 2. The exhibits appended to the declaration of Gregory Gunther in Support of MBUSA's Opposition to Plaintiffs' Motion for Class Certification. 3. Entirety of Exhibits K and L to the Declaration of Frank A. Battaglia in Support of MBUSA's Opposition to Plaintiffs' Motion for Class Certification. Mercedes-Benz is responsible for the distribution and marketing of Mercedes-Benz and smart products in the US. A copy of the Defendant's motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=EYEtQY at no extra charge.[CC] The Defendant is represented by: Troy M. Yoshino, Esq. Eric J. Knapp, Esq. Frank A. Battaglia, Esq. WINSTON & STRAWN LLP 101 California St. San Francisco, CA 94111 Telephone: (415) 591-1425 Facsimile: (415) 591-1400 E-mail: TYOSHINO@WINSTON.COM EKNAPP@WINSTON.COM FBATTAGLIA@WINSTON.COM METRO SERVICES: Parties Seek to Vacate Class Cert Briefing ---------------------------------------------------------- In the class action lawsuit captioned as CLAUDIA E. RAMIREZ DE PORTILLO, individually and on behalf of others similarly situated, v. METRO SERVICES GROUP; and DOES 1 through 20 inclusive, Case No. 3:24-cv-02118-LB (N.D. Cal.), the Parties ask the Court to enter an order vacating the class certification briefing and hearing schedule and resetting the dates after the Court hears the Defendant's motion. The Parties agreed that deadlines for discovery and the class certification briefing and hearing dates should be continued until a reasonable time after resolution of Defendant's motion. The Court has set the following deadlines for regarding Plaintiff’s anticipated motion for class certification in this putative wage and hour class action: Aug. 19, 2025 -- last day for Plaintiff to file her Motion for Class Certification. Sept. 30, 2025 -- last day for Defendant to file its Opposition to Plaintiff’s Motion for Class Certification. Nov. 4, 2025 -- last day for Plaintiff to file her Reply brief in support of Class Certification. Nov. 20, 2025 -- hearing on Plaintiff's Class Certification Motion. The Plaintiff, a current employee of Defendant, belongs to a union (Local 187) which recently entered into a collective bargaining agreement (CBA) which Defendant contends expressly applies to Plaintiff's California Labor Code claims and also includes language which Defendant contends includes a waiver of Plaintiff's Private Attorneys General Act claim for penalties under Labor Code section 2699.8. Metro delivers seamless information and communications technology (ICT) solutions. A copy of the Parties' motion dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=HhqJbH at no extra charge.[CC] The Plaintiff is represented by: Kashif Haque, Esq. Samuel A. Wong, Esq. Jessica L. Campbell, Esq. Alex J. Valle, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 E-mail: avalle@aegislawfirm.com The Defendants are represented by: Dennis C. Huie, Esq. Sharon Ongerth Rossi, Esq. Emily A. Murphy, Esq. Ruby Zapien, Esq. ROGERS JOSEPH O'DONNELL 311 California Street, 10th Floor San Francisco, CA 94104 Telephone: (415) 956-2828 Facsimile: (415) 956-6457 E-mail: dhuie@rjo.com srossi@rjo.com emurphy@rjo.com rzapien@rjo.com MICROSOFT CORP: Basbanes Must File Consolidated Suit by June 13 --------------------------------------------------------------- In the class action lawsuit captioned as Basbanes, et al v. MICROSOFT CORPORATION, et al. (RE: OPENAI, INC., COPYRIGHT INFRINGEMENT LITIGATION), Case No. 1:24-cv-00084 (S.D.N.Y.), the Hon. Judge Sidney Stein entered a case management conference order that: The Class Plaintiffs are directed to submit a proposal for the appointment of a single interim class counsel pursuant to Federal Rule of Civil Procedure 23(g) by May 28, 2025. The Class Plaintiffs shall file a single Consolidated Class Action Complaint on or before June 13, 2025, which is to include only the same products and causes of action that have already been asserted in the pending putative class actions. The Times is directed to submit a stipulation that its motion for leave to amend the complaint is unopposed on or before May 27, 2025. The Defendants are directed to file their oppositions to Raw Story Media's motion for reconsideration on or before Tuesday, May 27, 2025. Raw Story Media shall file its reply on or before June 2, 2025. The parties shall submit a joint proposed case schedule on or before June 17, 2025. The deadline for motions for summary judgment must precede class certification briefing in the proposal. If the parties cannot agree upon a proposed case schedule, they shall submit their competing proposals on or before June 17, 2025. Microsoft is a multinational computer technology corporation. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=OfhqFa at no extra charge.[CC] MICROSOFT CORP: Daily News Must File Consolidated Suit by June 13 ----------------------------------------------------------------- In the class action lawsuit captioned as Daily News LP et al v. MICROSOFT CORPORATION et al. (RE: OPENAI, INC., COPYRIGHT INFRINGEMENT LITIGATION), Case No. 1:24-cv-03285 (S.D.N.Y.), the Hon. Judge Sidney Stein entered a case management conference order that: The Class Plaintiffs are directed to submit a proposal for the appointment of a single interim class counsel pursuant to Federal Rule of Civil Procedure 23(g) by May 28, 2025. The Class Plaintiffs shall file a single Consolidated Class Action Complaint on or before June 13, 2025, which is to include only the same products and causes of action that have already been asserted in the pending putative class actions. The Times is directed to submit a stipulation that its motion for leave to amend the complaint is unopposed on or before May 27, 2025. The Defendants are directed to file their oppositions to Raw Story Media's motion for reconsideration on or before Tuesday, May 27, 2025. Raw Story Media shall file its reply on or before June 2, 2025. The parties shall submit a joint proposed case schedule on or before June 17, 2025. The deadline for motions for summary judgment must precede class certification briefing in the proposal. If the parties cannot agree upon a proposed case schedule, they shall submit their competing proposals on or before June 17, 2025. Microsoft is a multinational computer technology corporation. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Fb0N57 at no extra charge.[CC] MICROSOFT CORP: NYT Must File Consolidated Suit by June 13 ---------------------------------------------------------- In the class action lawsuit captioned as The New York Times Company v. MICROSOFT CORPORATION et al., (RE: OPENAI, INC., COPYRIGHT INFRINGEMENT LITIGATION) Case No. 1:23-cv-11195 (S.D.N.Y.), the Hon. Judge Sidney Stein entered a case management conference order that: The Class Plaintiffs are directed to submit a proposal for the appointment of a single interim class counsel pursuant to Federal Rule of Civil Procedure 23(g) by May 28, 2025. The Class Plaintiffs shall file a single Consolidated Class Action Complaint on or before June 13, 2025, which is to include only the same products and causes of action that have already been asserted in the pending putative class actions. The Times is directed to submit a stipulation that its motion for leave to amend the complaint is unopposed on or before May 27, 2025. The Defendants are directed to file their oppositions to Raw Story Media's motion for reconsideration on or before Tuesday, May 27, 2025. Raw Story Media shall file its reply on or before June 2, 2025. The parties shall submit a joint proposed case schedule on or before June 17, 2025. The deadline for motions for summary judgment must precede class certification briefing in the proposal. If the parties cannot agree upon a proposed case schedule, they shall submit their competing proposals on or before June 17, 2025. Microsoft is a multinational computer technology corporation. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=fuXlY0 at no extra charge.[CC] NEIMAN MARCUS: $10MM Settlement in Reichbart Gets Initial Nod ------------------------------------------------------------- In the class action lawsuit captioned as Reichbart v. Neiman Marcus Group, LLC et al (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00154 (D. Mont.), the Hon. Judge Brian Morris granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday July 10, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Neiman is a luxury retail and real estate company. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=j563dV at no extra charge.[CC] NEIMAN MARCUS: Approval Hearing in Sherman Amended to Oct. 23 ------------------------------------------------------------- In the class action lawsuit captioned as Sherman v. The Neiman Marcus Group LLC (RE: SNOWFLAKE, INC., DATA SECURITY BREACH LITIGATION), Case No. 2:24-cv-00152 (D. Mont.), the Hon. Judge Brian Morris entered an amended order granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday Oct. 23, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Neiman is a luxury retail and real estate company. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=gSYcJr at no extra charge.[CC] NEW YORK, NY: Filing for Class Cert Reply in Lewis Due June 17 -------------------------------------------------------------- In the class action lawsuit captioned as RAYMOND LEWIS and AARON ORTEGA, on behalf of themselves and all others similarly situated, v. CITY OF NEW YORK, et al., Case No. 1:23-cv-09460-DLC (S.D.N.Y.), the Hon. Judge Denise Cote entered a scheduling order as follows: 1. The Plaintiffs' depositions of the Defendants' experts shall be completed by June 12, 2025. 2. The following motions will be served by the dates indicated below Motion for class certification -- Reply served by June 17, 2025. 3. By June 30, 2025, the parties shall submit a letter indicating whether the parties intend to proceed with summary judgment, and a proposed revised scheduling order as to all remaining pretrial deadlines. New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=QaMCv6 at no extra charge.[CC] NORDSTROM INC: Skotanis Seeks Oral Argument on Summary Judgment Bid ------------------------------------------------------------------- In the class action lawsuit captioned as Vassilios "Bill" Skotanis v. Nordstrom, Inc., a foreign profit corporation, d/b/a NORDSTROM RACK, Case No. 8:24-cv-02331-JLB-CPT (M.D. Fla.), the Plaintiff asks the Court to enter an order granting request for oral argument on the Defendant's motion for summary judgment and the Plaintiff's response in opposition to Defendant's motion for summary judgment. Nordstrom is an American luxury department store chain. A copy of the Plaintiff's motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=fVYzVq at no extra charge.[CC] The Plaintiff is represented by: Timothy M. Ingram, Esq. Megan E. Ingram. Jr. Esq. INGRAM INJURY LAW 2201 N.E. Coachman Road, Suite 102 Clearwater, FL 33765 Telephone: (727) 723-9800 Facsimile: (727) 723-9866 E-mail: Tim@IngramInjuryLaw.com Megan@IngramInjuryLaw.com The Defendant is represented by: Erik P. Crep, Esq. WICKER SMITH O'HARA MCCOY & FORD, P.A. 2800 Ponce de Leon Boulevard, Suite 800 Coral Gables, FL 33134 Telephone: (305) 448-3939 Facsimile: (305) 441-1745 E-mail: MIAcrtpleadings@wickersmith.com OAKLAND COUNTY, MI: Loses Bid for Partial Judgment on Pleadings --------------------------------------------------------------- In the class action lawsuit captioned as MARION SINCLAIR, et al., v. COUNTY OF OAKLAND, Case No. 2:18-cv-14042-TGB-APP (E.D. Mich.), the Hon. Judge Terrence G. Berg entered an order: -- denying the Defendant's motion to strike the Plaintiff Sinclair's due process count, -- denying the Defendant's motion to exclude tax assessments, -- denying the Plaintiff's motion for an order to disallow deduction of unpaid taxes, and -- denying the Defendant's motion for partial judgment on the Pleadings. The Plaintiffs owned properties in Southfield, Michigan and were foreclosed by Oakland County for their failure to pay their property taxes. According to the Complaints, Plaintiff Marion Sinclair owed $22,047.46 in delinquent property taxes, Plaintiff Tawanda Hall and her deceased husband owed $22,642.00, Plaintiffs Curtis Lee and Coretha Lee owed $30,547.00, and Plaintiff Kristina Govan owed $45,350.00. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=FSIjEO at no extra charge.[CC] OMNI HEALTHCARE: Sued Over Failure to Secure Private Information ---------------------------------------------------------------- E.C., individually and on behalf of all others similarly situated v. OMNI HEALTHCARE FINANCIAL HOLDINGS d/b/a OMNI HEALTHCARE, FINANCIAL LLC AN7D d/b/a, INJURY FINANCE, LLC, Case No. 1:25-cv-02907-TWT (N.D. Ga., May 27, 2025), is brought against the Defendant for its failure to secure and safeguard Plaintiff's' and Class Members' highly sensitive Private Information from unauthorized disclosure, exfiltration, and theft by third parties, and for its failure to timely and accurately notify Plaintiff and Class Members of the data breach. In the ensuing days, Defendant discovered that the most sensitive personal health information belonging to tens of thousands of Defendant's patients, including Plaintiff and the Class Members, had been exposed and obtained in a data breach. The information exposed and obtained by the attackers included Plaintiff's and the Class Member's demographic information, including first name, last name, and Social Security number (collectively, "Personally Identifiable Information" or "PII"); diagnosis & treatment information, medical record numbers, treatment costs, and provider names (collectively, "Protected Health Information" or "PHI" i.e., PHI). Due to Defendant's inadequate data security, which breached duties imposed by law, unauthorized third parties gained access to Defendant's computer network and to highly valuable and highly sensitive PII and PHI belonging to Plaintiff and the Class Members. The Plaintiff's and Class Members' PII and PHI was compromised due to Defendant's negligent and/or careless acts and omissions and failure to protect the PII and PHI of Plaintiff and Class Members, says the complaint. The Plaintiff provided his PII and PHI to Defendant and trusted that the information would be safeguarded according to state and federal law. The Defendant is a medical lien financing company, learned that unauthorized persons had accessed its servers.[BN] The Plaintiff is represented by: Sharon J. Zinns, Esq. ZINNS LAW, LLC 4243 Dunwoody Club Drive, Suite 104 Atlanta, GA 30350 Phone: (404) 882-9002 Email: sharon@zinnslaw.com - and - Maureen M. Brady, Esq. Lucy McShane, Esq. MCSHANE & BRADY, LLC 4006 Central Street Kansas City, MO 64111 Phone: (816) 888-8010 Facsimile: (816) 332-6295 Email: mbrady@mcshanebradylaw.com lmcshane@mcshanebradylaw.com OPEN HOUSE: Fails to Pay Proper Wages, Winn Suit Alleges -------------------------------------------------------- AMBER WINN; LAWANA LUDD; KAHRON COLEMAN; SHIMIRA ROSSER; and SURITA BEDFORD, individually and on behalf of all others similarly situated, Plaintiff v. OPEN HOUSE GROUP CO., LTD; OPEN HOUSE ATLANTA REALTY & INVESTMENTS LLC; and OPEN HOUSE ATLANTA PROPERTY MANAGEMENT LLC, Defendants, Case No. 1:25-cv-02713-WMR (N.D. Ga., May 15, 2025) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. The Plaintiffs were employed by the Defendants: Plaintiff Winn as a maintenance coordinator; Plaintiff Ludd and Coleman as assistant property managers; Plaintiff Rosser as HOA coordinator; and Plaintiff Bedford as utility coordinator. Open House Group Co., Ltd. operates in the real estate and other businesses. It provides real estate sales agency/brokerage services. The company also sells newly built detached houses; and develops and sells condominiums. In addition, it engages in the real estate investment and finance businesses. [BN] The Plaintiffs are represented by: Rhonda H. Wills, Esq. Patrick J. Raspino, Esq. WILLS LAW FIRM, PLLC 1776 Yorktown, Suite 570 Houston, TX 77056 Telephone: (713) 528-4455 Email: rwills@rwillslawfirm.com praspino@rwillslawfirm.com - and - Rian E. Banks, Esq. TRIALBANKS CONSULTING 2959 Chapel Hill, Suite D-130 Douglasville, GA 30135-3159 Telephone: (678) 892-6364 Email: rian@trialbanks.com OPENAI INC: Alter Must File Consolidated Complaint by June 13 ------------------------------------------------------------- In the class action lawsuit captioned as Alter, et al., v. OpenAI Inc. et al., (RE: OPENAI, INC., COPYRIGHT INFRINGEMENT LITIGATION), Case No. 1:23-cv-10211 (S.D.N.Y.), the Hon. Judge Sidney Stein entered a case management conference order that: The Class Plaintiffs are directed to submit a proposal for the appointment of a single interim class counsel pursuant to Federal Rule of Civil Procedure 23(g) by May 28, 2025. The Class Plaintiffs shall file a single Consolidated Class Action Complaint on or before June 13, 2025, which is to include only the same products and causes of action that have already been asserted in the pending putative class actions. The Times is directed to submit a stipulation that its motion for leave to amend the complaint is unopposed on or before May 27, 2025. The Defendants are directed to file their oppositions to Raw Story Media's motion for reconsideration on or before Tuesday, May 27, 2025. Raw Story Media shall file its reply on or before June 2, 2025. The parties shall submit a joint proposed case schedule on or before June 17, 2025. The deadline for motions for summary judgment must precede class certification briefing in the proposal. If the parties cannot agree upon a proposed case schedule, they shall submit their competing proposals on or before June 17, 2025. OpenAI is a private research laboratory that aims to develop and direct artificial intelligence (AI) in ways that benefit humanity as a whole. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=MuriQ5 at no extra charge.[CC] OPENAI INC: Authors Guild Must File Consolidated Suit by June 13 ---------------------------------------------------------------- In the class action lawsuit captioned as Authors Guild, et al., v. OpenAI Inc., et al., (RE: OPENAI, INC., COPYRIGHT INFRINGEMENT LITIGATION) Case No. 1:23-cv-08292 (S.D.N.Y.), the Hon. Judge Sidney Stein entered a case management conference order that: The Class Plaintiffs are directed to submit a proposal for the appointment of a single interim class counsel pursuant to Federal Rule of Civil Procedure 23(g) by May 28, 2025. The Class Plaintiffs shall file a single Consolidated Class Action Complaint on or before June 13, 2025, which is to include only the same products and causes of action that have already been asserted in the pending putative class actions. The Times is directed to submit a stipulation that its motion for leave to amend the complaint is unopposed on or before May 27, 2025. The Defendants are directed to file their oppositions to Raw Story Media's motion for reconsideration on or before Tuesday, May 27, 2025. Raw Story Media shall file its reply on or before June 2, 2025. The parties shall submit a joint proposed case schedule on or before June 17, 2025. The deadline for motions for summary judgment must precede class certification briefing in the proposal. If the parties cannot agree upon a proposed case schedule, they shall submit their competing proposals on or before June 17, 2025. OpenAI is a private research laboratory that aims to develop and direct artificial intelligence (AI) in ways that benefit humanity as a whole. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=X91soy at no extra charge.[CC] OPENAI INC: CIR Must File Consolidated Complaint by June 13 ----------------------------------------------------------- In the class action lawsuit captioned as The Center for Investigative Reporting, Inc., v. OpenAI, Inc. et al., (RE: OPENAI, INC., COPYRIGHT INFRINGEMENT LITIGATION), Case No. 1:24-cv-04872 (S.D.N.Y.), the Hon. Judge Sidney Stein entered a case management conference order that: The Class Plaintiffs are directed to submit a proposal for the appointment of a single interim class counsel pursuant to Federal Rule of Civil Procedure 23(g) by May 28, 2025. The Class Plaintiffs shall file a single Consolidated Class Action Complaint on or before June 13, 2025, which is to include only the same products and causes of action that have already been asserted in the pending putative class actions. The Times is directed to submit a stipulation that its motion for leave to amend the complaint is unopposed on or before May 27, 2025. The Defendants are directed to file their oppositions to Raw Story Media's motion for reconsideration on or before Tuesday, May 27, 2025. Raw Story Media shall file its reply on or before June 2, 2025. The parties shall submit a joint proposed case schedule on or before June 17, 2025. The deadline for motions for summary judgment must precede class certification briefing in the proposal. If the parties cannot agree upon a proposed case schedule, they shall submit their competing proposals on or before June 17, 2025. OpenAI is a private research laboratory that aims to develop and direct artificial intelligence (AI) in ways that benefit humanity as a whole. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=GaOFMR at no extra charge.[CC] REGENCE BLUESHIELD: Parties Seek to Continue Class Cert Deadline ---------------------------------------------------------------- In the class action lawsuit captioned as E.S., by and through her parents, R.S. and J.S., and JODI STERNOFF, both on their own behalf, and on behalf of all similarly situated individuals, v. REGENCE BLUESHIELD; and CAMBIA HEALTH SOLUTIONS, INC., f/k/a THE REGENCE GROUP, Case No. 2:17-cv-01609-RAJ (W.D. Wash.), the parties ask the Court to enter an order continuing the current deadline for class certification of May 30, 2025 to Oct 31, 2025, so that the parties may conclude the ongoing settlement discussions. The parties have engaged in an exchange of extensive informal discovery and an all-day mediation with Louis Peterson on April 3, 2025. Substantial progress was made during the mediation. At the conclusion of the mediation, the parties agreed to continue to negotiate over the terms of a long-form settlement agreement, but without any settlement amount. Under the agreement, when such an agreement is drafted, Mr. Peterson will make a "mediator's proposal" to each party with a proposed settlement amount. The parties have reached agreement on the terms of long-form document, excluding the settlement amount. The parties have also investigated the costs related to notice for the settlement class and need additional time to investigate methods for reducing such costs, in order to determine if a settlement is possible. Accordingly, the parties require additional time to resolve this dispute. Regence offers a range of health insurance plans. A copy of the Parties' motion dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=2oH6oL at no extra charge.[CC] The Plaintiffs are represented by: Eleanor Hamburger, Esq. Richard E. Spoonemore, Esq. Daniel S. Gross, Esq. SIRIANNI YOUTZ SPOONEMORE HAMBURGER PLLC 3101 Western Avenue, Suite 350 Seattle, WA 98121 Telephone: (206) 223-0303 E-mail: ehamburger@sylaw.com rspoonemore@sylaw.com dgross@sylaw.com The Defendants are represented by: Maren R. Norton, Esq. Brad S. Daniels, Esq. Stephen H. Galloway, Esq. STOEL RIVES LLP 600 University Street, Suite 3600 Seattle, WA 98101 Telephone: (206) 624-0900 E-mail: maren.norton@stoel.com brad.daniels@stoel.com stephen.galloway@stoel.com SNOWFLAKE INC: Approval Hearing in Breach Suit Amended to Oct. 23 ----------------------------------------------------------------- In the class action lawsuit Re: Snowflake, Inc., Data Security Breach Litigation, Case No. 2:24-md-03126 (D. Mont.), the Hon. Judge Brian Morris entered an amended order granting the Plaintiffs' unopposed motion for preliminary approval of class action settlement. 1. The Court provisionally and preliminarily certifies the following Settlement Class for settlement purposes only, finding it is likely to final certify it at Final Approval: "All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident." The Settlement Class is estimated to be approximately 2.3 million individuals. Excluded from the Settlement Class are (1) all persons who are governing board members of Defendant; (2) governmental entities; (3) the Court, the Court's immediate family, and Court staff; and (4) any Settlement Class Member who timely and validly requests to opt-out from the Settlement. 2. The Court provisionally and preliminarily certifies the following California Settlement Subclass for settlement purposes only, finding it is likely to final certify it at Final Approval: "All Settlement Class Members who are residents of California." 3. Emmanuel Chaidez, Stefondra Monroe, Raymond Moule, Raven Richardson, Don Smith and Raymond Swain are designated and appointed as the Class Representatives. 4. The Court finds that Devlan Geddes, Raph Graybill, John Heenan, Amy Keller, and Jason Rathod are experienced attorneys and will adequately protect the interests of the Settlement Class, and designates them as Class Counsel pursuant to Fed. R. Civ. P. 23(g). 5. A Final Approval Hearing shall take place before the Court on Thursday Oct. 23, 2025, at 10:00 a.m. 6. Class Counsel intends to seek an award of up to 33.33% of the Settlement Fund as attorneys' fees, as well as reimbursement of reasonable litigation costs, to be paid from the $10,000,000 Settlement Fund. Service Awards of up to $2,500.00 will also be sought for each of the Class Representatives. Snowflake Inc. is an American cloud-based data storage company. A copy of the Court's order dated May 22, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=Bo8K8Y at no extra charge.[CC] TEAM PIZZA: Bradford Seeks Rule 23 Class Certification ------------------------------------------------------ In the class action lawsuit captioned as Michael Bradford, On behalf of himself and those similarly situated, v. Team Pizza, Inc., et al., Case No. 1:20-cv-00060-MRB (S.D. Ohio), the Plaintiff asks the Court to enter an order certifying this action as a class action, and designating the Plaintiffs Michael Bradford, Donna Uhler, and William Howell as the representatives of the following classes: "All current and former delivery drivers employed by the Defendants at the Team Pizza Domino's stores in the State of Ohio between the date three years prior to the filing of the original Complaint and the date of final judgment ("Ohio Rule 23 Class")." "All current and former delivery drivers employed by the Defendants at the Team Pizza Domino's stores in the Commonwealth of Kentucky between the date five years prior to the filing of the original complaint and the date of final judgment ("Kentucky Rule 23 Class")." Additionally, pursuant to 29 U.S.C. section 216(b), the Plaintiff Michael Bradford, et al., moves this Court for an Order authorizing them to send notice of the pendency of this action to all similarly-situated co-workers. Specifically, the Plaintiff seeks to notify the following employees: "All current and former delivery drivers employed at the Defendants' Team Pizza Domino's Pizza stores between the date three years prior to the filing of the original Motion for FLSA Conditional Certification and the date of final judgment who did not previously receive a notice of this lawsuit ("FLSA Collective")." The Plaintiff Michael Bradford filed this lawsuit on Jan. 24, 2020. On Jan. 29, 2020, the Plaintiff filed his original motion for conditional certification seeking to send notice to other similarly situated delivery drivers employed by the Defendants. A copy of the Plaintiff's motion dated May 26, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=C8vBmU at no extra charge.[CC] The Plaintiff is represented by: Andrew R. Biller, Esq. Andrew P. Kimble, Esq. Emily A. Hubbard, Esq. Laura E. Farmwald, Esq. BILLER & KIMBLE, LLC 8044 Montgomery Road, Suite 515 Cincinnati, OH 45236 Telephone: (513) 202-0710 Facsimile: (614) 340-4620 E-mail: abiller@billerkimble.com akimble@billerkimble.com ehubbard@billerkimble.com THERAPY 2000/GREEN APPLE: Torres Sues Over Failure to Pay Wages --------------------------------------------------------------- Glendalis Torres, on behalf of herself and all other similarly situated employees v. Therapy 2000/Green Apple, Green Apple LLC, and First Steps Pediatric Specialists, Case No. 3:25-cv-01318-L (N.D. Tex., May 27, 2025), is brought under the Fair Labor Standards Act ("FLSA"), against the Defendants have engaged in blatant, deliberate, and extreme pattern and practice of failure to pay wages and failure to pay overtime. The Plaintiff was paid $45 for a visit, which lasts approximately thirty minutes. The Plaintiff would then drive to the next visit. The Plaintiff was not paid for that time spent driving between clients. The Plaintiff worked approximately 50-55 hours per week. The Plaintiff was not paid her overtime. The Defendants do not pay any employees for their compensable time in driving between client visits. Upon information and belief, Plaintiff's claims would be one and the same as all other class members in this collective action, says the complaint. The Plaintiff is a speech therapist who worked with Defendants until January 2025. Therapy 2000/Green Apple has a principal place of business located in Irving, Texas.[BN] The Plaintiff is represented by: Walker G. Harman, Jr., Esq. HARMAN GREEN PC 824 Exposition Ave., Suite 8 Dallas, TX 75226 Phone: (646) 248-2288 Email: wharman@theharmanfirm.com erichardson@theharmanfirm.com TIP-TOP ROOFING: American Builders Seeks to Stay Class Cert Issue ----------------------------------------------------------------- In the class action lawsuit captioned as Michael Vriens and Steven Smith, individually, and on behalf of all others similarly situated, v. Tip-Top Roofing & Construction, LLC, et al., Case No. 2:23-cv-06797-DCN (D.S.C.), the Defendants American Builders & Contractors Supply Co., Inc. D/B/A Abc Supply Co., Inc., Contract Lumber, Inc., Bmc East, Llp, Builders Firstsource Southeast Group, Llc, Probuild East, Llc, And Srs Distribution, Inc. F/K/A Superior Distribution ask the Court to enter an order to stay the issue of class certification until the Court rules upon the multiple pending motions to compel arbitration and until the Defendants are afforded a reasonable time to conduct discovery on the issues related to class certification. Accordingly, the Plaintiffs' motion for class certification is premature due to the pending motions to compel arbitration filed by numerous Defendants. The Plaintiffs' motion for class certification is premature as it is made in advance of discovery on class certification issues, thereby prejudicing the Defendants' ability to contest class certification and hindering the Court's ability to analyze this case under the requirements of Rule 23. The Plaintiffs Michael Vriens and Nicholas Bardsley allege that this litigation involves construction defects in approximately 11,000 residences built by Defendant D.R. Horton, Inc. in Beaufort, Berkeley, Charleston, Dorchester, Georgetown, and Horry Counties. The Plaintiffs' alleged defects include the use of improper roofing underlayment and improper fastening of roofing underlayment. The Plaintiffs filed their motion for class certification on May 2, 2025. Supplier Defendants may only presume that the Plaintiffs filed their motion not until, and only after, they and their witnesses completed what they believed to be necessary and sufficient precertification discovery. As noted herein, Supplier Defendants were not invited to participate in, observe, or inspect the investigations performed by Plaintiffs or their witnesses. The Defendants include Pacific Contractors, LLC, and Builders FirstSource – Southeast Group, LLC, Carolina Custom Carpentry, LLC, CAC Carpentry, LLC, Alpha Construction of SC, LLC, Good Luck Incorporated, South Atlantic Framing, Inc. SRC Construction, LLC, Jalisco Framing, LLC, Mendoza Construction, LLC, VL Contractor, LLC, 84 Lumbar Company, LP, Varanda Contracting Group, Inc., TOMECH, LLC d/b/a Firm Foundation Coastal Carolina’s, Valim Construction, LLC, Ram Construction SC, LLC Gold Star Construction, LLC, ProBuild East, LLC, Archer Exteriors, Inc., Americo Roofing Concepts, Inc., Contract Exteriors, LLC Holy City Exteriors, LLC, SR Construction, LLC, Robert Helms Construction, Inc., Quick Roofing, LLC, Monarch Company, LLC, Accurate Building Company, LLC, Southend Exteriors, Inc., Above the Sky Roofing, Inc., ABC Supply Co, Inc., SRS Distribution, Inc., f/k/a Superior Distribution, Contract Lumber, Inc., BMC East, LLP, USLBM-Professional Builders Supply a/k/a US LBM Holdings, LLC a/k/a US LBM, LLC, and D.R. Horton, Inc. Tip-Top is a locally owned and operated full service roofing company. A copy of the Defendants' motion dated May 16, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=8NWexo at no extra charge.[CC] The Defendants are represented by: Alicia N. Bolyard, Esq. Caitlin Plocica, Esq. RESNICK & LOUIS, P.C. 146 Fairchild Street, Suite 130 Charleston, SC 29492 Telephone: (843) 410-2534 E-mail: abolyard@rlattorneys.com - and - W. Duffie Powers, Esq. Ronald G. Tate, Jr., Esq. Alexander G. Mende, Esq. GALLIVAN, WHITE & BOYD, P.A. Greenville, SC 29603 Telephone: (864) 271-9580 Facsimile: (864) 271-7502 E-mail: DPowers@gwblawfirm.com RTate@gwblawfirm.com AMende@gwblawfirm.com - and - William W. Watkins, Jr., Esq. James C. Land, Esq. WALL TEMPLETON & HALDRUP, P.A. 145 King Street, Suite 300 (29401) Charleston, SC 29402 Telephone: (843) 329-9500 E-mail: Trey.Watkins@WallTempleton.com Jamie.Land@WallTempleton.com - and - Stephen P. Hughes, Esq. William H. Cox, III HOWELL, GIBSON & HUGHES, P.A. Beaufort, SC 29901-0040 Telephone: (843) 522-2400 E-mail: sphughes@hghpa.com wcox@hghpa.com ULTA BEAUTY: Murillo Suit Removed to E.D. California ---------------------------------------------------- The case captioned as Maricella Murillo, individually and on behalf of all other similarly situated v. ULTA BEAUTY DISTRIBUTION LLC, a Delaware Limited Liability Company doing business in California; ULTA, INC, a Delaware Corporation doing business in California; and DOES 1 through 50, inclusive, Case No. 25CECG00176 was removed from the Superior Court of the State of California in and for the County of Fresno, to the United States District Court for the Eastern District of California on May 27, 2025, and assigned Case No. 1:25-cv-00622-JLT-BAM. The Plaintiff's First Amended Class Action and PAGA Complaint for Damages (the "FAC") alleges 9 purported causes of action for: failure to provide accurate itemized wage statements; failure to provide meal periods; failure to pay overtime wages; failure to pay straight time and minimum wages; failure to timely pay wages upon separation; failure to authorize and permit rest periods; failure to reimburse business expenses; 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 UNITED STATES: Class Cert Response Filing Extended to June 13 ------------------------------------------------------------- In the class action lawsuit captioned as A.M.P., et al., v. U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Case No. 2:23-cv-13230-BRM-EAS (E.D. Mich.), the Hon. Judge Brandy R. McMillion entered an order granting joint stipulation extending response and reply deadlines: -- the Defendants' response deadline is extended from May 30, 2025 until June 13, 2025, and -- the Plaintiffs' reply deadline is extended from June 30, 2025 until July 14, 2025. Department of Homeland Security (DHS) works to improve the security of the United States. A copy of the Court's order dated May 23, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=q6b0Gy at no extra charge.[CC] UNITED STATES: Seeks More Time to File Class Cert Response ---------------------------------------------------------- In the class action lawsuit captioned as MANIKANTA PASULA, et al., v. DEPARTMENT OF HOMELAND SECURITY, et al., Case No. 1:25-cv-00156-SE-TSM (D.N.H.), the Defendants ask the Court to enter an order: -- extending the Defendants' deadline to respond to the Plaintiffs' motion for class certification from May 30, 2025, to July 29, 2025, and -- correspondingly extending the Plaintiffs' deadline to file their reply from June 13, 2025 to Aug. 12, 2025. On May 16, 2025, counsel for Plaintiffs confirmed that they consent to the instant request for a sixty (60) day extension of the deadlines on the motion for class certification. Defendants submit that they are not requesting an extension for the purpose of undue delay and that the extension will not prejudice either party. Good cause, therefore, supports this consent motion requesting a sixty (60) day extension of time. On April 18, 2025, Plaintiffs commenced the instant action, ECF No. 1, filed a motion for class certification. On May 7, 2025, the Court held a hearing on Plaintiffs’ motion for preliminary injunction. The Court denied Plaintiffs' motion. On May 8, 2025, the parties filed a stipulation regarding the briefing schedule on the motion for class certification, which the Court adopted. The Defendants' deadline to oppose the motion for class certification is May 30, 2025, and Plaintiffs' deadline to file their reply is June 13, 2025. The Defendant is the U.S. federal executive department responsible for public security. A copy of the Defendants' motion dated May 16, 2025, is available from PacerMonitor.com at https://urlcurt.com/u?l=gWnADI at no extra charge.[CC] The Defendants are represented by: Alessandra Faso, Esq. UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION Washington, DC 20044 Telephone: (202) 305-9855 E-mail: alessandra.faso@usdoj.gov UNITED STATES: Sued Over Federal Reserve Notes Redemption --------------------------------------------------------- KAFIL TUNSILL, as Trustee of the SERVING HUMANITY TRUST, individually and on behalf of all others similarly situated, Plaintiff v. SCOTT BESSENT, in his official capacity as Secretary of the U.S. Treasury, Defendant, Case No. 1:25-cv-01556-RCL (D. Colo., May 15, 2025) seeks to compel the Defendant to allow redemption of Federal Reserve Notes in lawful money. The U.S. is a country of 50 states covering a vast swath of North America, with Alaska in the northwest and Hawaii extending the nation’s presence into the Pacific Ocean. [BN] The Plaintiff appears pro se. Asbestos Litigation ASBESTOS UPDATE: 4th Circ. Okays Ch. 11 Plan for Kaiser Gypsum -------------------------------------------------------------- Ganesh Setty of Law360 reports that on April 29, 2025, the Fourth Circuit upheld the Chapter 11 bankruptcy plan for Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc., both of which have faced numerous asbestos-related injury claims. The court agreed with lower courts that the plan was proposed in good faith, rejecting objections raised by one of the insurers. ASBESTOS UPDATE: Asbestos Corp. Secures CCAA Protection ------------------------------------------------------- Asbestos Corporation Limited (ACL) announced on May 7, 2025, that an order from the Superior Court of Quebec (Commercial Division) granting ACL protection under the Companies' Creditors Arrangement Act (CCAA) has been granted. Raymond Chabot Inc. has been appointed pursuant to the Initial Order as monitor of ACL in order to assist the Company with its restructuring efforts and to report to the Court. The application was filed by third parties and the Company became a co-applicant. ACL also filed a petition under Chapter 15 of the US Bankruptcy Code in the Southern District of New York for recognition of the CCAA proceedings in the United States. The Initial Order provides for, among other things, a stay of proceedings in favour of ACL, including a stay of creditor claims, litigation pending against the Company, and of the exercise of contractual rights against the Company, as well as the authorization of Raymond Chabot Inc. to act as foreign representative in recognition proceedings in the United States under the relevant provisions of the United States' applicable laws. A copy of the Initial Order granted by the Court will be available, along with additional information in respect of the CCAA proceedings, on the Monitor's website. Readers are urged to consult the full text of all of these documents for further, more detailed, information. Further news releases will be provided during the CCAA proceedings as required by law and applicable securities regulations, or as otherwise may be determined necessary by the Company or the Court. Documents relating to the restructuring process, such as the Initial Order, the Monitor's reports to the Court, as well as other Court orders and documents shall also be published and made available on the Monitor's website at https://www.raymondchabot.com/en/companies/public-records/asbestos-corporation/. The Company has notified the TSX Venture Exchange (the "TSXV") of the foregoing and expects that its common shares and securities will cease trading on the TSXV upon such date that the TSXV determines. The Company expects to cease reporting as a public reporting issuer. ASBESTOS UPDATE: Barretts Minerals Defeats Creditors' Dismissal Bid ------------------------------------------------------------------- Randi Love of Bloomberg Law reports that a judge has denied junior creditors' motion to dismiss Barretts Minerals Inc.'s Chapter 11 bankruptcy and indicated he will examine whether the company's talc products contained asbestos. During a hearing on April 29, 2025, U.S. Bankruptcy Judge Marvin Isgur of the Southern District of Texas said he plans to issue a full opinion within 21 days explaining his decision to allow the case to move forward. Barretts filed for Chapter 11 in October 2023 to address asbestos-related liabilities tied to its talc production. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2025. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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