260224.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, February 24, 2026, Vol. 28, No. 39
Headlines
46 & 7 INC: Pardo Sues Over Discriminative Property
ADVANCED AMERICAN: Burns Files Employment Suit in Cal. Super.
AHLSTROM RHINELANDER: Class Cert Opposition Extended to March 6
ALLIED UNIVERSAL: Morris Suit Alleges Violation of FCRA
ALTMAN MANAGEMENT: Class Cert. Bid Filing in De Guzman Due April 7
ALTRIA GROUP: Reece Wins Bid for Class Certification
AMBI ENTERPRISES: Bishop Sues Over Blind-Inaccessible Website
AMERICAN EXPRESS: Must File Class Cert Response in Duke Suit
ANDERSON HEALTHCARE: Miller-Krausz Sues to Recover Unpaid Wages
APPLE INC: Hughes Suit Seeks to File Class Cert Docs Under Seal
ARIZONA BEVERAGES: Must Oppose Class Cert Bid by April 13
ASSET REALTY: Must Oppose Class Cert Bid in Kovanen Suit by May 1
ATLANTIC UNION: Ray Bid to Seal Certain Exhibit Tossed
AZAZIE INC: Kramer Seeks Equal Website Access for the Blind
BATESVILLE, IN: King Files FLSA Suit in S.D. Indiana
BC MEDICAL GROUP: Jones Sues Over General Corporation Law Breach
BEEKEEPER'S NATURALS: Bishop Sues Over Blind-Inaccessible Website
BEIS LLC: Mott Suit Removed to E.D. Washington
BEN DEN MANAGEMENT: McKinney Unpaid Minimum and Overtime Wages
BIL-JAX INC: Jackson Sues Over Unpaid Overtime Wages
BLOCKRATIZE INC: Yoon Sues Over Unlawful Sports Gambling Platform
BLOOMWORKS WELLNESS: Loses Bid to Dismiss "Matthews" FLSA Suit
BOOT BARN HOLDINGS: Donahue Sues Over Unpaid Overtime Wages
BPS SUPPLY GROUP: Miller Files Suit in Cal. Super. Ct.
BUILD-A-BEAR WORKSHOP: Neely Files Suit in S.D. California
CALIFORNIA FINE: Nguyen Labor Suit Removed to C.D. Calif.
CENTER FOR EMPLOYMENT: Summary Judgment Bid Extended to June 12
CFD INVESTMENTS: James Sues Over Unprotected Private Information
CHARLES STARK: Court Denies Bid to Dismiss "Steer" ERISA Suit
CHELSEA SENIOR LIVING: Davila Files Suit in N.Y. Sup. Ct.
CHROME DEPOSIT: Horton Sues Over Failure to Pay Compensations
CI SQUARED: Spikes Sues Over Failure to Provide Proper OT Pay
CRESCENT HOTELS: Mata Files Employment Suit in Cal. Super.
DEMANDBASE INC: Strull Files Personal Injury Suit in Cal. Super.
DREAM GAMES TEKNOLOGI: Vollmuth Suit Transferred to W.D. Washington
EDEN BRANDS: Esparza Balks at Automatic Subscription Renewal
ELIJAH SCHAFFER: Class Cert Bid Filing in Wilkins Suit Due April 2
ENTREPRENEUR ENTERPRISES: Standing Order in Patagonia Entered
ESTEE LAUDER: Bid to Extend Time To Complete Discovery Granted
FORD MOTOR: Seeks Leave to File Notice of Supplemental Authority
GENTRY MOUNTAIN: Court Denies Bid to Dismiss "Thomas" FLSA Suit
GHOST MANAGEMENT: Standing Order Entered in Sanchez Class Suit
GILT GROUPE LP: Dalton Sues Over Blind-Inaccessible Website
GOLDEN GATE UNIVERSITY: Figueroa Files Suit in Cal. Super. Ct.
GOVERNMENT EMPLOYEES: Parties Seek to Modify Case Schedule
GRAND ASTORIA: Faces Lastor Wage-and-Hour Suit in E.D.N.Y.
GREAT INTERNATIONAL: Combel Bid to Toss Class Action Claims Nixed
GREEN 70: Scheduling Order Entered in Ruiz Class Action
GRIP6 INC: Moran Seeks Equal Website Access for Blind Users
GROUP SOLAR: $415K Settlement in "Lojewski" Has Final OK
GRUBBS INFINITI AUTOMOTIVE: Smith Files TCPA Suit in N.D. Texas
GUARDIAN IMPACT: Rodriguez Files TCPA Suit in S.D. Florida
GULSHAN MANAGEMENT: Gifford Files Suit in S.D. Texas
HANNA ANDERSSON LLC: Dalton Sues Over Blind-Inaccessible Website
HARPER WILDE INC: Dalton Sues Over Blind-Inaccessible Website
HD SUPPLY MANAGEMENT: Murray Files Suit in Cal. Super. Ct.
HEATHER HILL: MCPA Claims Dismissed in Hall Class Action
HUNTER WARFIELD: Wins Summary Judgment v. Blizzard
ICONIX BRAND GROUP: Dalton Sues Over Blind-Inaccessible Website
INTEGRATED TECH: Fails to Pay Proper Wages, Lewis Alleges
INTERNATIONAL PAPER: Parties Seek to Amend Class Scheduling Order
J.H. BAXTER: Agrees to Settle Eugene Pollution Suit for $200,000
JOCKO FUEL: Fails to Disclose Lead Content in Products, Suit Says
KNIFE RIVER CORPORATION: Smith FLSA Suit Transferred to D. Wyoming
KRAUS USA PLUMBING: Dalton Sues Over Blind-Inaccessible Website
KS LARGE BORE: Lesjack Sues Over Unpaid Overtime Compensation
L J ROSS: Johnson Files FDCPA Suit in M.D. Fla.
LACOSTE USA INC: Dalton Sues Over Blind-Inaccessible Website
LOPER'S EQUIPMENT: Johnson and Johnson Sue Over Labor Law Breaches
LOS ANGELES, CA: Filing for Class Cert Bid Due July 13
LPC SURVIVAL: Filing for Class Certification Bid Due June 9
LUDIVINE MADISON: Moran Seeks Equal Website Access for the Blind
MICROMOBILITY.COM INC: Barron Seeks More Time to File Reply
MID AMERICA: Class Settlement in Fillardi Suit Gets Final Nod
MR. COOPER: Cabezas Seeks to Modify Class Cert Scheduling Order
MTL FOODS: Elliott Sues to Recover Unpaid Minimum, Overtime Wages
NARDINI INTERNATIONAL: Pardo Sues Over Discriminative Property
NEW ERA CAP: Dalton Seeks Equal Website Access for the Blind
NEWREST HOLDING: Court OKs $2.1MM Settlement in Migrant Worker Suit
NIKE INC: Cahill Seeka Leave to File Renewed Class Cert. Bid
NIRVANA ENTERPRISES: Faces Mason Suit Over FLSA Breach
NOVO NORDISK: Levi & Korsinsky Named Lead Counsel in "Barta"
OLAY INC: Dasilvio Files TCPA Suit in S.D. Ohio
OMAHASTEAKS.COM LLC: Faces Nelson Suit Over Alleged TCPA Violations
ONTRAC LOGISTICS: Class Cert Bid Filing Extended to Sept. 30
PAMELA BONDI: Almeida Files Suit in D. Utah
PAYCOR INC: Court Partly Alters Class Definition in "Barrow"
R&R EXPRESS: Eastman Sues Over Mass Layoff Without Prior Notice
RELIAS LLC: "Kieliszewski" Suit Junked for Lack of Jurisdiction
SAMUEL OLSON: Salmeron Petition For Writ of Habeas Corpus OK'd
SARAYA USA: Kinman Suit Removed to D. Utah
SEMTECH CORPORATION: Kleovoulos Seeks to Rule 23 Certify Class
SHELL CHEMICAL: Parties Seeks to Extend Scheduling Order
SHELL TRADING: LHB Ventures Balks at Unpaid Oil, Gas Royalties
SIG SAUER: Carter Suit Alleges Breaches of Fiduciary Duties
SOLAREDGE TECH: Plaintiffs Seek More Time to File Class Cert Reply
SOUTH CENTRAL: Avila-Soto Seeks Rule 23 Class Certification
ST. LOUIS, MO: $4MM Class Settlement Gets Court Preliminary Nod
STENY'S INC: Witman Sues Over Failure to Pay Minimum Wages
SWIFT TRANSPORTATION: More Time to File Reply Brief Sought
TAPESTRY INC: Merrell Seeks Rule 23 Class Certification
TC HEARTLAND: Parties Seek to Seal Class Cert Docs
TOMMY BAHAMA: Bid for Class Certification in Haley Due Oct. 22
TRACFONE WIRELESS: Class Settlement in Barcomb Gets Final Nod
TRI COUNTIES: Agrees to Settle 2023 Cyberattack Suit for $1.185MM
TYLER TECHNOLOGIES: Class Cert. Deadline Suspended in Gerena Suit
UNDERWRITERS LABORATORIES: Martucci Sues Over Defective Fire Alarms
UNILEVER UNITED: Class Cert Bid Filing Modified to July 15
UNITED PARKS: Eastman Seeks Leave to File Unredacted Class Cert.
UNITED PARKS: Eastman Suit Seeks Class Certification
VALENTINA NIKITYUK: Jimenez Files Suit in N.Y. Sup. Ct.
VEGAS.COM LLC: Nixon Sues Over False Ads, Illegal Drip Pricing
VIKING ENTERPRISES: Cisneros Sues to Recover Unpaid Wages
WAL-MART ASSOCIATES: Hendrickson Seeks to Certify Class Action
WASHINGTON FINE: Class Cert Bid Filing in Branson Due May 4
WEALTHPLAN TRADING: Buriek Sues Over Unsolicited Marketing Calls
WILLIAMS TANK LINES: Garcia Files Suit in Cal. Super. Ct.
WM WHOLESALE: Hernandez Seeks Leave to File Clas Cert Under Seal
WM WHOLESALE: Hernandez Suit Seeks Class Certification
WORLD BOXING: Pretrial Scheduling Order Entered in Habazin Suit
WOUND TECHNOLOGY: Parties in Uribe Must Confer Class Cert Deadlines
YI STAR LLC: Fails to Provide Proper Wages, Mou Says
[^] Register Now for 2026 Class Action Money & Ethics Conference!
*********
46 & 7 INC: Pardo Sues Over Discriminative Property
---------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other
similarly situated mobility-impaired individuals v. 46 & 7 INC.,
Case No. 1:26-cv-20960-XXXX (S.D. Fla., Feb. 12, 2026), is brought
for injunctive relief, attorneys' fees, litigation expenses, and
costs pursuant to the Americans with Disabilities Act ("ADA") as a
result of the Defendant's discrimination against the individual
Plaintiff by denying him access to, and full and equal enjoyment
of, the goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property and business located
therein, as prohibited by the ADA.
Although over 32 years have passed since the effective date of
Title III of the ADA, Defendant has yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead-time and the extensive publicity the ADA has received since
1990, Defendant has continued to discriminate against people who is
disabled in ways that block them from access and use of Defendant's
property and the businesses therein.
The Plaintiff found the commercial plaza to be rife with ADA
violations. The Plaintiff encountered architectural barriers at the
commercial plaza and wishes to continue his patronage and use of
the premises and the business(es) located within the commercial
plaza. The Plaintiff has encountered architectural barriers that is
in violation of the ADA at the subject commercial plaza. The
barriers to access at Defendant's commercial plaza has each denied
or diminished Plaintiff's ability to visit the commercial plaza and
its tenants therein, and in addition has endangered his safety in
violation of the ADA.
The Defendant has discriminated against the individual Plaintiff by
denying him access to, and full and equal enjoyment of, the goods,
services, facilities, privileges, advantages and/or accommodations
of the commercial plaza, as prohibited by the ADA, says the
complaint.
The Plaintiff uses a wheelchair to ambulate.
46 & 7 INC., owned and operated a commercial Plaza located in
Miami, Florida 33126 and conducted a substantial amount of business
in that place of public accommodation in Miami, Florida.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
ADVANCED AMERICAN: Burns Files Employment Suit in Cal. Super.
-------------------------------------------------------------
A class action has been filed against Advanced American Management
Inc. The case is captioned Kaitlin Burns, on behalf of herself and
all other similarly situated v. Advanced American Management Inc.,
a Delaware Corporation, Case No. STK-CV-UOE-2026-0000558 (Cal.
Super., San Joaquin Cty., January 22, 2026).
The case is brought over Defendant's alleged employment law
violation.
Judge Barbara Kronlund presides over the case.
A case management conference is scheduled for July 21, 2026 before
Judge Kronlund.
Advanced American Management Inc. is a California-based healthcare
organization.[BN]
The Plaintiff is represented by:
Joshua S. Falakassa, Esq.
FALAKASSA LAW, P.C.
1901 Avenue Of the Stars, Ste 920
Los Angeles, CA 90067-6011
Telephone: (818) 456-6168
E-mail: josh@falakassalaw.com
AHLSTROM RHINELANDER: Class Cert Opposition Extended to March 6
---------------------------------------------------------------
In the class action lawsuit captioned as Lucas Rougeau, et al., v.
Ahlstrom Rhinelander, LLC, et al., Case No. 3:23-cv-00546 (W.D.
Wisc., Filed Aug. 9, 2023), the Hon. Judge William M. Conley
entered an order granting joint motion to extend deadlines to
disclose experts on class certification:
The Defendants' disclosure of experts in opposition to class
certification due March 6,2026.
Rebuttal experts on class certification due April 13.
All other deadlines remain in place.
The nature of suit states Diversity-Torts to Land.
Ahlstrom is a major manufacturer of fiber-based specialty
materials.[CC]
ALLIED UNIVERSAL: Morris Suit Alleges Violation of FCRA
-------------------------------------------------------
JASHAR MORRIS, individually and on behalf of all others similarly
situated, Plaintiff v. ALLIED UNIVERSAL COMPLIANCE AND
INVESTIGATIONS, INC., Defendant, Case No. 1:26-cv-00147 (M.D.N.C.,
Feb. 10, 2026) alleges violations of the Fair Credit Reporting
Act.
Allied Universal Compliance and Investigations, Inc. is a
specialized division of Allied Universal, a global security and
facility services company. The division focuses on insurance claim
investigation, risk mitigation, and regulatory compliance services.
[BN]
The Plaintiff is represented by:
Dana Smith, Esq.
Jayson Watkins, Esq.
SIRI & GLIMSTAD LLP
525 North Tryon Street, Suite 1600
Charlotte, NC 28202
Telephone: (980) 533-4616
Email: dsmith@sirillp.com
jwatkins@sirillp.com
ALTMAN MANAGEMENT: Class Cert. Bid Filing in De Guzman Due April 7
------------------------------------------------------------------
In the class action lawsuit captioned as KHRYSTA DE GUZMAN, v.
ALTMAN MANAGEMENT COMPANY LLC, et al., Case No.
1:24-cv-07280-KMW-EAP (D.N.J.), the Hon. Judge Pascal entered an
amended scheduling order as follows:
-- Pretrial factual discovery will expire on June 29, 2026.
-- All expert reports and expert disclosures pursuant to FED. R.
CIV. P. 26(a)(2) on behalf of the Plaintiff shall be served
upon counsel for the Defendants no later than June 29, 2026.
All expert reports and expert disclosures pursuant to FED. R.
CIV. P. 26(a)(2) on behalf of Defendants shall be served upon
counsel for the Plaintiff no later than Aug. 31, 2026.
-- Class certification motions shall be filed with the Clerk of
the Court no later than April 7, 2026.
-- Dispositive motions shall be filed with the Clerk of the Court
no later than Sept. 29, 2026.
-- The status conference scheduled for February 19, 2026, is
adjourned. The Court will conduct a telephone status
conference on March 26, 2026, at 12:00 p.m.
Altman is in the real estate industry.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=66xAvC at no extra
charge.[CC]
ALTRIA GROUP: Reece Wins Bid for Class Certification
----------------------------------------------------
In the class action lawsuit captioned as Reece v. Altria Group,
Inc. et al (RE: JUUL LABS, INC. ANTITRUST LITIGATION), Case No.
3:20-cv-02345-WHO (N.D. Cal.), the Hon. Judge Orrick entered an
order on motions for class certification:
The following class is certified:
"All natural persons and entities in the United States that
purchased e cigarette products directly from the Defendant
Juul Inc. or any of its subsidiaries or affiliates, from Oct.
5, 2018 to the present (the "Class Period")."
The DPP named plaintiffs' claims are typical of all class members,
they are adequate to represent any wholesalers or retailers who do
not opt out, and DPP Black has no conflicts that would preclude him
for challenging JLI's assertion of forum-selection clauses or
arbitration agreements on behalf of absent class members.
The defendants' motions to exclude DPP experts Leger, Perry, and
Singh are denied. The motion to strike as to Hoelle is denied.
Hoelle's testimony may only be provided as 28 rebuttal to Murphy,
absent agreement by the parties.
Hoelle should also be produced for a supplemental two hour
deposition and Murphy may prepare a supplemental report, responding
to Hoelle's supplemental opinions. The DPPs’ motion to exclude
Murphy is denied. The
motion as to Dobbins is granted in limited part. Dobbins may not
testify as to the "reasonableness" of Altria's exit, but the
boundaries of his testimony can be revisited on a motion in limine.
The motion as to Henningfield is granted in limited part.
Henningfield may not opine on issues of economics or market share
for which he is not qualified. The boundaries of his testimony can
be revisited on a motion in limine. The motion as to Garza is
granted subject to reconsideration at trial.
The Indirect Purchaser Plaintiffs' Motion for Class Certification:
granted in part. The following Indirect Purchase Plaintiffs (IPP)
classes are certified with identified class representatives:
Cartwright Act Class (All Plaintiffs): All persons or entities in
the Arizona, California, the District of Columbia, Florida, Hawaii,
Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico,
New York, North Carolina, North Dakota, Oregon, Rhode Island, South
Dakota, Utah, Vermont, West Virginia, and Wisconsin who purchased
JUUL pods, excluding devices or JUUL kits containing devices (JUUL
Pods), indirectly from JLI, for personal use and not resale, from
October 25, 2018 through March 29, 2024 (the "Class Period").
California Class (Daraka Larimore and Adam Matschullat): All
persons or entities in the State of California that purchased JUUL
Pods indirectly from JLI, for personal use and not resale during
the Class Period.
Florida Class (Allison Harrod): All persons or entities in the
State of Florida that purchased JUUL Pods indirectly from JLI, for
personal use and not resale during the Class Period.
Hawaii Class (Michael Imai): All persons or entities in the State
of Hawaii that purchased JUUL Pods indirectly from JLI, for
personal use and not resale during the Class Period.
Massachusetts Class (Kerry Walsh): All persons or entities in the
State of Massachusetts that purchased JUUL Pods indirectly from
JLI, for personal use and not resale during the Class Period.
New York Class (Dylan Pang): All persons or entities in the State
of New York that purchased JUUL Pods indirectly from JLI, for
personal use and not resale during the Class Period.
Rhode Island Class (Kurt Doughty): All persons or entities in the
State of Rhode Island that purchased JUUL Pods indirectly from JLI,
for personal use and not resale during the Class Period.
The following Indirect Reseller Plaintiffs (IRPs) classes are
certified with identified class representatives:
Multistate Cartwright Act Class (Napht, Rose and Fifth, and
Sofijon): A class, pursuing claims under the Cartwright Act,
Sections 16700-16770 of the California Business and Professions
Code ("The Cartwright Act("), defined as: All businesses and
entities in the States of Arizona, California, the District of
Columbia, Florida, Hawaii, Iowa, Kansas, Maine, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New
Hampshire, New Mexico, New York, North Carolina, North Dakota,
Oregon, Rhode Island, South Dakota, Utah, Vermont, West Virginia,
and Wisconsin that purchased Juul pods (excluding Juul devices or
Juul kits containing devices) indirectly from Juul Labs, Inc. for
resale, from December 1, 2018 through March 31, 2025 (the "Class
Period").
California State Class (Napht, Rose and Fifth, and Sofijon). A
class, pursuing claims under the Cartwright Act, Section
16700-16770 of the California Business and Professions Code, and
California’s Unfair Competition Law, Cal. Bus. & Prof. Code
Section 17200, et. seq. defined as: All businesses and entities in
the State of California that purchased Juul pods (excluding Juul
devices or Juul kits containing devices) indirectly from Juul Labs,
Inc. for resale, from December 1, 2018 through March 31, 2025.
Florida State Class (Noor Baig).
A class, pursuing claims under the Florida Deceptive & Unfair Trade
practices Act, Florida Stat. Sections 501.201 et seq. (the FDUTPA),
defined as: All businesses and entities in the State of Florida
that purchased Juul pods (excluding Juul devices or Juul kits
containing devices) indirectly from Juul Labs, Inc. for resale,
from December 1, 2018 through March 31, 2025. Michigan State Class
(Somerset Party Store).
A class, pursuing claims under the Michigan Antitrust Reform Act,
Mich. Comp. Laws Section 445.771 et seq., defined as:
All businesses and entities in the State of Michigan that purchased
Juul pods (excluding Juul devices or Juul kits containing devices)
indirectly from Juul Labs, Inc. for resale, from Dec. 1, 2018,
through March 31, 2025.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CyUFG9 at no extra
charge.[CC]
AMBI ENTERPRISES: Bishop Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
CEDRIC BISHOP, on behalf of himself and all other persons similarly
situated, Plaintiff v. AMBI ENTERPRISES LLC, Defendant, Case No.
1:26-cv-01110 (S.D.N.Y., February 10, 2026) arises from Defendant's
failure to design, construct, maintain, and operate its interactive
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired persons.
The Defendant failed to make its website available in a manner
compatible with computer screen reader programs, Defendant deprives
blind and visually-impaired individuals the benefits of its online
goods, content, and service. Moreover, the Defendant's denial of
full and equal access to its website, and therefore denial of its
products and services offered thereby, is a violation of
Plaintiff's rights under the Americans with Disabilities Act, says
the suit.
Headquartered in Rockville, MD, Ambi Enterprises LLC owns and
operates the commercial website www.ambi.com, which sells skincare
products. [BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, New York 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
AMERICAN EXPRESS: Must File Class Cert Response in Duke Suit
------------------------------------------------------------
In the class action lawsuit captioned as Duke v. American Express
Company, Case No. 4:23-cv-00125 (D. Ariz., Filed March 13, 2023),
the Hon. Judge entered an order allowing the Defendant for an
additional ten pages to respond to Plaintiff's Motion for Class
Certification.
The nature of suit states Telephone Consumer Protection Act
(TCPA).
American Express is a global financial services corporation.[CC]
ANDERSON HEALTHCARE: Miller-Krausz Sues to Recover Unpaid Wages
---------------------------------------------------------------
Shawn Miller-Krausz and Kathryn Hodges, individually and for others
similarly situated v. ANDERSON HEALTHCARE, Case No. 3:26-cv-00153
(S.D. Ill., Feb. 11, 2026), is brought to recover unpaid wages and
other damages from the Defendant for violations of the Fair Labor
Standards Act ("FLSA"), Illinois Minimum Wage Law ("IMWL"), and
Illinois Wage Payment and Collection Act ("IWPCA").
The Plaintiffs and the other Hourly Employees regularly work more
than 40 hours a week. But the Defendant does not pay them for all
their hours worked. Instead, The Defendant deducts 30 minutes a day
from the Plaintiffs' and its other Hourly Employees' recorded hours
for so-called "meal breaks," regardless of whether they actually
receive a bona fide meal break (The Defendant's "auto-deduct
policy").
Thus, the Defendant does not pay the Plaintiffs and the other
Hourly Employees for that time. But the Plaintiffs and the other
Hourly Employees do not actually receive bona fide meal breaks.
Instead, the Defendant requires them to remain on duty and perform
compensable work throughout their shifts and regularly subjects
them to work interruptions during unpaid "meal breaks."
The Defendant's auto-deduct policy, rounding policy, and bonus pay
scheme violate the FLSA and IMWL by depriving the Plaintiffs and
the other Hourly Employees of overtime wages of at least 1.5 times
their regular rates of pay--based on all remuneration--for overtime
hours worked. The Defendant's auto-deduct policy and rounding
policy violate the IWPCA by depriving the Plaintiffs and the other
Hourly Employees of earned wages, at their agreed hourly rates, for
all hours worked, says the complaint.
The Plaintiff was employed by the Defendant as a part-time
registered nurse (PRN) from April 2018 until July 2022 in Staunton
and Maryville, Illinois.
Anderson touts itself as "a regional healthcare network that
provides more coordinated care with broader geographic coverage for
our patients."[BN]
The Plaintiff is represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
WERMAN SALAS P.C.
77 West Washington, Suite 1402
Chicago, IL 60602
Phone: (312) 419-1008
Facsimile: 312-419-1025
Email: dwerman@flsalaw.com
msalas@flsalaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
APPLE INC: Hughes Suit Seeks to File Class Cert Docs Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as LAUREN HUGHES, et al.,
individually and on behalf of all others similarly situated, v.
APPLE INC., a California corporation, Case No. 3:22-cv-07668-VC
(N.D. Cal.), the Plaintiffs ask the Court to enter an order
granting considering whether material quoting, referring to, or
describing material designated as "CONFIDENTIAL" or "ATTORNEYS'
EYES ONLY" by the Defendant Apple, Inc. should be filed under seal.
Specifically, the Defendant has designated as "CONFIDENTIAL" or
"ATTORNEYS' EYES ONLY" certain materials that the Plaintiffs' reply
in support of motion for class certification and Exhibits 9, 10,
11, 12, 13, 14, and 15 to the Declaration of David Slade in Support
of Plaintiffs' Administrative Motion quote, refer to, or describe
as follows:
Document Name Portion to Consider Sealing
Slade Decl. Ex. 9 Entire Document
Slade Decl. Ex. 10 Entire Document
Slade Decl. Ex. 11 Entire Document
Slade Decl. Ex. 12 Entire Document
Slade Decl. Ex. 13 Entire Document
Reply in Support of Motion for Highlighted Sections on
Class Certification pages 1, 6, 7, 9, and
18
The Plaintiffs have challenged the designation of three pages of
Exhibits 11 and 14, and Defendant's Motion to Retain
Confidentiality of Certain Produced Documents is pending.
Apple is an American multinational technology company.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=oM9o1t at no extra
charge.[CC]
The Plaintiffs are represented by:
Gillian L. Wade, Esq.
Sara D. Avila, Esq.
David Slade, Esq.
Lucy L. Holifield, Esq.
Marc A. Castaneda, Esq.
WADE KILPELA SLADE LLP
2450 Colorado Ave., Suite 100E,
Santa Monica, CA 90404
Telephone: (310) 667-7273
Facsimile: (424) 276-0473
E-mail: gwade@waykayslay.com
sara@waykayslay.com
marc@waykayslay.com
slade@waykayslay.com
lholifield@waykayslay.com
- and -
Mark A. Milstein, Esq.
MILSTEIN JACKSON FAIRCHILD
& WADE, LLP
2450 Colorado Ave., Ste. 100E
Santa Monica, CA 90404
Telephone: (310) 396-9600
Facsimile: (310) 396-9635
E-mail: mmilstein@mjfwlaw.com
- and -
Brandon Haubert, Esq.
Jessica Hall, Esq.
WH LAW
1 Riverfront Place, Suite 745
North Little Rock, AR 72114
Telephone: (501) 891-6000
Facsimile: (501) 222-3027
E-mail: brandon@wh.law
jessica@wh.law
ARIZONA BEVERAGES: Must Oppose Class Cert Bid by April 13
---------------------------------------------------------
In the class action lawsuit captioned as AHMED ASHOUR, JOY BROWN,
and CRYSTAL TOWNES, individually and on behalf of all others
similarly situated, v. ARIZONA BEVERAGES USA LLC, HORNELL BREWING
CO., INC., BEVERAGE MARKETING USA, INC., ARIZONA BEVERAGES HOLDINGS
LLC, and ARIZONA BEVERAGES HOLDINGS 2 LLC, Case No.
1:19-cv-07081-AT-OTW (S.D.N.Y.), the Hon. Judge Torres entered an
order granting the Defendants' request, on consent, for an
additional 10-day extension of deadline for opposition to the
Plaintiffs' motion for class certification.
The Defendants request that the Court consider extending briefing
dates an additional 10 days given that the Assistant General
Counsel for the Defendants will be observing the Passover Holiday
during days between April 1 and April 9, will be away on a
preplanned trip out of the country until April 12 and the April 13
deadline falls on Good Friday.
IN the event the Court grants this application, the schedule would
be as follows:
Event Deadline
The Defendants' deadline to oppose class Apr. 13, 2026
certification, depose class certification
experts and file Daubert motions:
The Plaintiffs' deadline to submit a June 15, 2026
reply to the opposition to their motion
for class certification, submit reply
expert reports, depose the Defendants'
experts, respond to Daubert motions and
file any affirmative Daubert motions:
The Defendants' deadline to reply to July 24, 2026
opposition to Daubert motions and to
oppose Daubert motions:
The Plaintiffs' deadline to reply to Aug. 24, 2026
opposition to Daubert motions:
Arizona is a producer of many flavors of iced tea, juice cocktails,
and energy drinks.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NYg7N8 at no extra
charge.[CC]
The Defendants are represented by:
Robert P. Donovan, Esq.
STEVENS & LEE
669 River Drive, Suite 201
Elmwood Park, NJ 07407
Telephone: (201) 857-6760
Facsimile: (610) 371-7938
E-mail: robert.donovan@stevenslee.com
ASSET REALTY: Must Oppose Class Cert Bid in Kovanen Suit by May 1
-----------------------------------------------------------------
In the class action lawsuit captioned as DAVID J. KOVANEN, v. ASSET
REALTY, LLC, et al., Case No. 3:25-cv-05078-LK (W.D. Wash.), the
Hon. Judge King entered an order setting jury trial date and
related dates:
JURY TRIAL SET FOR 9:00 a.m. on: July 6, 2027
Deadline for joining additional parties: March 5, 2026
Deadline for the Defendants to file May 1, 2026
response/opposition to pending motion
for class certification:
Deadline for the Plaintiff to file May 15, 2026
reply in support of motion for
class certification:
Noting date for the Plaintiff's class May 15, 2026
certification motion:
Discovery completed by: Feb. 6, 2027
All motions in limine must be filed by: May 31, 2027
Asset is a real estate and property management firm.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Jihb7g at no extra
charge.[CC]
ATLANTIC UNION: Ray Bid to Seal Certain Exhibit Tossed
------------------------------------------------------
In the class action lawsuit captioned as BRIAN RAY, individually
and on behalf of all others similarly situated, V. ATLANTIC UNION
BANK, Case No. 3:25-cv-00132-JAG (E.D. Va.), the Hon. Judge John
Gibney, Jr. entered an order on motion to seal a class
certification motion exhibit and redacted portions of memorandum.
Ray seeks to seal Exhibit 10 of his class certification motion,
which contains financial information belonging to the defendant,
Atlantic Union Bank. He also wishes to redact the portions of his
memorandum referring to Exhibit 10.
Courts disfavor sealing litigation materials. Upon due
consideration and in light of the parties' agreement as to the
non-sensitive nature of the materials, the Court denies the motion.
Ray so moves because the Bank designated Exhibit 10 as confidential
pursuant to the Stipulated Protective Order.
Nevertheless, Ray notes that he "disagrees with the designation."
In its response to the motion, the Bank states that it "no longer
considers the information" in Exhibit 10 "to be commercially
sensitive."
The Court directs the Clerk to unseal the unredacted memorandum,
and the accompanying exhibit.
The Defendant offers personal and business banking, loans,
mortgages, and wealth management services.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=LIJ3Lb at no extra
charge.[CC]
AZAZIE INC: Kramer Seeks Equal Website Access for the Blind
-----------------------------------------------------------
BETH KRAMER, individually and on behalf of all others similarly
situated, Plaintiff v. AZAZIE, INC., Defendant, Case No.
1:26-cv-01115 (S.D.N.Y., Feb. 10, 2026) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.azazie.com, is not fully or equally accessible to blind
and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Azazie, Inc. offers formalwear, prom and homecoming dresses,
women’s suits, accessories, and related apparel. [BN]
The Plaintiff is represented by:
Robert Schonfeld, Esq.
JOSEPH & NORINSBERG, LLC
825 Third Avenue, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
Email: rschonfeld@employeejustice.com
BATESVILLE, IN: King Files FLSA Suit in S.D. Indiana
----------------------------------------------------
A class action lawsuit has been filed against Jacob Michael King,
on behalf of himself and all other similarly situated employees,
known and unknown v. CITY OF BATESVILLE, INDIANA, acting by and
through its Fire Department (Batesville Fire & EMS), Case No.
1:26-cv-00093-MPB-MG (S.D. Ind., Jan. 20, 2026).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Batesville -- https://batesvilleindiana.us/ -- is a city in Ripley
and Franklin counties in the U.S. state of Indiana.[BN]
The Plaintiff is represented by:
Shaun Bushing, Esq.
AMATORE & BUSHING
1157 W Newport Ave., Suite K
Chicago, IL 60657
Phone: (888) 598-8861
Email: shaun@amatorebushing.com
BC MEDICAL GROUP: Jones Sues Over General Corporation Law Breach
----------------------------------------------------------------
Keith Jones, on behalf of himself and all other similarly situated
stockholders v. SBC MEDICAL GROUP HOLDINGS INCORPORATED, a Delaware
Corporation, YOSHIYUKI AIKAWA, YUYA YOSHIDA, KEN EDAHIRO, FUMITOSHI
FUJIWARA, and MIKE SAYAMA, Case No. 2026-0193- (Del. Chancery Ct.,
Feb. 11, 2026), is brought against the Company and the members of
the Company's board of directors (the "Board") for declaratory
relief relating to the Company's violation of Delaware General
Corporation Law ("DGCL") Section 141(k) and Delaware common law.
A certain provision of the Company's certificate of incorporation,
adopted and maintained by Defendants, provides that the Company's
directors may be removed from office only for cause, contrary to
Delaware law. In Delaware, any director or the entire board of
directors of a corporation may be removed with or without cause
unless an exception applies. Plaintiff therefore brings this action
on behalf of himself and all other stockholders of the Company
against the Company and the members of its Board, seeking a
declaratory judgment that the Removal Provision violates Section
141(k) of the DGCL and Delaware common law and is voidable and thus
invalid.
The Plaintiff currently owns shares of the Company's common stock.
The Defendant is a Delaware corporation with its principal
executive
office located in Irvine, California.[BN]
The Plaintiff is represented by:
Blake A. Bennett, Esq.
COOCH AND TAYLOR, P.A.
1000 N. West St., Suite 1500
Wilmington, DE 19801
Phone: (302) 984-3889
Email: bbennett@coochtaylor.com
- and -
Brian P. Murray, Esq.
BRIAN MURRAY LAW PLLC
750 E. Main Street, Suite 620
Stamford, CT 06901
Phone: (203) 246-2368
Email: bmurray@brianmurraylaw.com
- and -
Werner R. Kranenburg, Esq.
KRANENBURG
80-83 Long Lane
London EC1A 9ET
United Kingdom
Phone: +44-20-3174-0365
Email: werner@kranenburgesq.com
BEEKEEPER'S NATURALS: Bishop Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
Cedric Bishop, for himself and on behalf of all other persons
similarly situated, v. BEEKEEPER'S NATURALS USA INC., Case No.
1:26-cv-01149 (S.D.N.Y., Feb. 11, 2026), is brought against the
Defendant for its failure to design, construct, maintain, and
operate its interactive website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
www.beekeepersnaturals.com, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant's
Website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
BEEKEEPER'S NATURALS USA INC., operates the Beekeeper's Naturals
online retail store, as well as the Beekeeper's Naturals
interactive Website and advertises, markets, and operates in the
State of New York and throughout the United States.[BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: jeffrey@gottlieb.legal
dana@gottlieb.legal
michael@gottlieb.legal
BEIS LLC: Mott Suit Removed to E.D. Washington
----------------------------------------------
The case captioned as Melinda Mott, individually and on behalf of
all others similarly situated v. BEIS, LLC, Case No. 26-2-00036-32
was removed from the Superior Court of the State of Washington for
Spokane County, to the United States District Court for the Eastern
District of Washington on Feb. 10, 2026, and assigned Case No.
2:26-cv-00072.
In her Complaint, Plaintiff alleges that Defendant violated
Washington's Commercial Electronic Mail Act ("CEMA") and the
Consumer Protection Act ("CPA") by sending emails to Washington
consumer with false and misleading subject lines. The Plaintiff
seeks the greater of actual damages or statutory damages, treble
damages, injunctive relief, attorneys' fees and costs.[BN]
The Defendants are represented by:
Tyler S. Weaver, Esq.
ANGELI & CALFO, LLC
701 Pike Street, Suite 1625
Seattle, WA 98101
Phone: 206-703-4810
Email: tylerw@angelicalfo.com
BEN DEN MANAGEMENT: McKinney Unpaid Minimum and Overtime Wages
--------------------------------------------------------------
Cameron McKinney, individually and on behalf of similarly situated
individuals v. BEN DEN MANAGEMENT LLC D/B/A THE DEN, AND BEN
PANNELL, Case No. 4:26-cv-01133 (S.D. Tex., Feb. 12, 2026), is
brought under the Fair Labor Standards Act ("FLSA") as a result of
the Defendants' reckless disregard whether its payroll practices
violated the minimum wage and overtime provisions of the FLSA.
The Defendants pay their Tipped Employees at an hourly rate below
minimum wage plus tips. By paying Plaintiff and Tipped Employees
less than the minimum wage per hour, Defendants are taking
advantage of a tip credit which allows Defendants to include in
their calculation of wages a portion of the amounts that Plaintiff
received as tips.
The Defendants violated the FLSA when they failed to notify each
Tipped Employee about the tip credit allowance (including the
amount to be credited) before the credit was utilized. That is,
Defendants' Tipped Employees were never made properly aware of how
the tip credit allowance worked or what the amounts to be credited
were.
The Defendants required and permitted Plaintiff to work in excess
of forty hours in a workweek. Plaintiff regularly worked more than
40 hours per workweek during his employment. The Defendants
required and/or permitted Plaintiff to work as a Tipped Employee at
its restaurant in excess of 40 hours per week but refused to
compensate him at the applicable overtime rates. Defendants failed
to compensate Plaintiff at one and one-half times his regular rate
of pay for hours worked over 40 in a workweek, says the complaint.
The Plaintiff was employed as a bartender and then as a bar lead at
Defendants' restaurant from January 24, 2024, until November 15,
2025.
The Defendants operate The Den, a restaurant located near the
campus of the University of Houston in Houston, Texas.[BN]
The Plaintiff is represented by:
Trang Q. Tran, Esq.
TRAN LAW FIRM
800 Town & Country Blvd., Suite 500,
Houston, TX 77024
Phone: (713) 223–8855
Email: trang@tranlf.com
service@tranlf.com
BIL-JAX INC: Jackson Sues Over Unpaid Overtime Wages
----------------------------------------------------
Candace Jackson, on behalf of herself and all others similarly
situated v. BIL-JAX, INC., Case No. 3:26-cv-00332 (N.D. Ohio, Feb.
10, 2026), is brought pursuant to the Fair Labor Standards Act
("FLSA") as a result of Defendant's willful violations, Jackson and
the Putative Collective Members are entitled to an award of their
unpaid overtime wages, as well as "an additional equal amount as
liquidated damages," attorneys' fees, and costs.
The Plaintiff regularly worked in excess of 40 hours per workweek.
The Defendant did not pay the Plaintiff overtime compensation at
the rate of one and one-half times her regular rate for hours
worked over forty. The Defendant failed to maintain accurate
records of the actual hours worked by the Plaintiff. The Defendant
failed to maintain accurate records of the actual hours worked by
the Putative Collective Members. The Defendant discouraged or
failed to provide a mechanism for salaried employees to report
overtime hours. Despite this knowledge, Defendant refused to
convert the Plaintiff to non-exempt status or pay statutory
overtime rates.
The Defendant's decision to pay flat sums rather than the mandated
overtime rate constitutes a willful violation of the FLSA. The
Defendant willfully misclassified The Plaintiff the Putative
Collective Members as exempt despite having actual knowledge that
they did not customarily and regularly direct the work of two or
more full-time employees, nor did they possess the authority to
hire or fire personnel, thereby precluding any good faith reliance
on the 'Executive Exemption' under the FLSA, says the complaint.
The Plaintiff held the position of Customer Service and Operations
Representative.
Bil-Jax, Inc. is an Ohio corporation whose principal place of
business is located in Fulton County, Ohio.[BN]
The Plaintiff is represented by:
Chris Wido, Esq.
SPITZ, THE EMPLOYEE'S ATTORNEY
3 Summit Park Drive, Ste 200
Independence, OH 44131
Phone: (216) 291-4744
Fax: (216) 291-5744
Email: Chris.Wido@Spitzlawfirm.com
BLOCKRATIZE INC: Yoon Sues Over Unlawful Sports Gambling Platform
-----------------------------------------------------------------
ALEXANDER YOON, individually and on behalf of all other similarly
situated, Plaintiff v. BLOCKRATIZE, INC. d/b/a POLYMARKET, QCX LLC
d/b/a POLYMARKET US, ADVENTURE ONE QSS, INC. d/b/a POLYMARKET, QC
CLEARING, LLC. d/b/a POLYMARKET CLEARING, QC TECH LLC d/b/a PM US
Tech, and DOES 1-20, Defendants, Case No. 1:26-cv-01160 (S.D.N.Y.,
February 11, 2026) alleges that the Defendants operate an unlawful
sports gambling platform throughout the United States.
Throughout the class period, Defendant Blockratize has routinely
marketed its Polymarket platform as safe, legal, and authorized to
provide sports gambling in the United States. Based on
Blockratize's false representations, the Plaintiff and the Classes
bargained for entry into legal derivatives exchange and prediction
markets. But instead they received entry into illegal sports
gambling contests.
The Plaintiff and the Classes did not receive the benefit of their
bargain, as the illegal entries had substantially less value than
entry into legal contests. Moreover, Blockratize had accurately
disclosed the unlawful nature of the gambling services.
Accordingly, the Plaintiff brings this action against Polymarket
seeking to recover the millions of dollars that Defendants have
unlawfully taken from him and members of the Classes. The Plaintiff
also assert claims for unjust enrichment, violations of the New
York General Obligations Law and the New York General Business Law,
and California's Unfair Competition Law.
Headquartered in New York City, NY, Blockratize, Inc. owns QCX LLC,
QC Clearing, LLC, and QC Tech LLC, and operates Polymarket, a
sports gambling platform. [BN]
The Plaintiff is represented by:
James Bilsborrow, Esq.
Aaron Freedman, Esq.
WEITZ & LUXENBERG PC
700 Broadway
New York, NY 10003
Telephone: (212) 344-5461
E-mail: jbilsborrow@weitzlux.com
afreedman@weitzlux.com
- and -
Michael Piggins, Esq.
WEITZ & LUXENBERG PC
3011 W. Grand Blvd., Fl. 24
Detroit, MI 48202
Telephone: (231) 366-3108
E-mail: mpiggins@weitzlux.com
- and -
Margot P. Cutter, Esq.
Charles B. Stevens, Esq.
CUTTER LAW, P.C.
401 Watt Ave.
Sacramento, CA 95864
Telephone: (916) 290-9400
E-mail: mcutter@cutterlaw.com
cstevens@cutterlaw.com
- and -
Wesley M. Griffith, Esq.
ALMEIDA LAW GROUP LLC
111 W. Ocean Blvd, Suite 426
Long Beach, CA 90802
Telephone: (310) 896-5813
E-mail: wes@almeidalawgroup.com
- and -
David A. McGee, Esq.
ALMEIDA LAW GROUP LLC
3133 Connecticut Ave Nw.
Washington, DC 20008
Telephone: (202) 913-5681
E-mail: dmcgee@almeidalawgroup.com
- and -
F. Peter Silva II, Esq.
TYCKO & ZAVAREEI LLP
333 H Street, Suite 5000
Chula Vista, CA 91911
Telephone: 510-588-5299
E-mail: psilva@tzlegal.com
- and -
Katherine M. Aizpuru, Esq.
Robert M. Devling, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, NW, Suite 1010
Washington, DC 20006
Telephone: (202) 973-0900
E-mail: kaizpuru@tzlegal.com
rdevling@tzlegal.com
- and -
Christopher Nienhaus, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Ave.
Chicago, IL 60614
Telephone: (708) 529-5418
E-mail: chris@almeidalawgroup.com
BLOOMWORKS WELLNESS: Loses Bid to Dismiss "Matthews" FLSA Suit
--------------------------------------------------------------
In the case captioned as Bryan Matthews, on behalf of himself and
all others similarly situated, et al., Plaintiffs, v. Bloomworks
Wellness, LLC and Jennifer Miller, Defendants, Civil No.
25-1305-BAH (D. Md.), Judge Brendan A. Hurson of the United States
District Court for the District of Maryland denied the Defendant's
motion to dismiss and granted in part the Plaintiff's motion for
conditional certification and court-authorized notice in an FLSA
collective action arising from alleged tip pool violations at a
Maryland cannabis dispensary.
Background
Plaintiff Bryan Matthews alleged that he has been employed by the
Defendant in the position of budtender at Defendants' SweetBuds
Dispensary in Frederick, Maryland since June 2023. Bloomworks
Wellness, LLC does business under the registered trade name
"SweetBuds Dispensary," and Jennifer Miller is the owner and
operator of Bloomworks. SweetBuds Dispensary sells a variety of
cannabis products for recreational and medical purposes, which
Maryland legalized in 2023.
Matthews alleged that Defendants used a mandatory tip pool system
to distribute tips, paid out to employees on a biweekly basis. Tips
were distributed to both budtenders and managers in cash and did
not appear on the employees' pay stubs. Matthews contended that on
at least two occasions, Defendants took between $50 and $100 in
tips from the mandatory tip pool to pay for products that had been
damaged or broken. The Defendant's Policy Book also authorized the
revocation of tips from employees who excessively called out, or
who failed to give two weeks' notice prior to terminating
employment.
On April 22, 2025, Matthews filed the complaint in this Court.
Count One asserted a violation of Section 203(m)(2)(B) of the FLSA,
which provides that an employer may not keep tips received by its
employees for any purposes, including allowing managers or
supervisors to keep any portion of employees' tips, regardless of
whether or not the employer takes a tip credit. Count Two asserted
a claim for unjust enrichment under Maryland common law, alleging
that Defendants were unjustly enriched by their unlawful refusal to
pay Plaintiffs all tips owed. Ten individuals subsequently filed
consent to join forms with the Court, bringing the total number of
Plaintiffs to eleve
Defendants argued that Plaintiffs had no remedy in federal court
because the parties were engaging in cannabis distribution
violative of federal law, and that acknowledging jurisdiction would
hold that the FLSA applies to businesses engaging in federally
criminal conduct. The Court found that this argument challenged the
sufficiency of the FLSA claims rather than subject matter
jurisdiction and analyzed it under Rule 12(b)(6).
The Court held that case law is clear that employers are not
excused from complying with federal laws such as the FLSA just
because their business practices may violate federal law. Citing
the Tenth Circuit's decision in Kenney v. Helix TCS, Inc., the
Court concluded that the FLSA is focused on regulating the activity
of businesses on behalf of individual workers' wellbeing, rather
than regulating the legality of individual workers' activities. The
Court therefore held that individuals employed in the marijuana
industry are not categorically excluded from FLSA protections, and
the Plaintiffs' FLSA claim was not barred because of the industry
in which they work.
Regarding Defendants' invocation of the unclean hands doctrine as a
separate basis for dismissal, the Court found that Defendants had
not identified a single case suggesting that work in the marijuana
industry would constitute a defense to a violation of the FLSA on
that basis. As to the unjust enrichment claim, the Court noted that
Maryland has legalized the marijuana industry, and therefore found
no basis for concluding that permitting Plaintiffs to seek tips and
compensation arising from an employment relationship that Maryland
law expressly endorsed would assist or condone inequitable conduct.
The motion to dismiss was denied.
Matthews requested that the Court authorize notice to all current
and former employees of SweetBuds Dispensary who were employed as
budtenders, front door greeters, or receptionists and who
participated in a mandatory tip pool within three years of the date
the Court approved notice.
The Court applied the two-step process for certifying an FLSA
collective action. At the first stage, the Court conducts a modest
inquiry to make a threshold determination whether the class is
similarly situated. The Court found that three declarations
attached to the motion, in addition to the allegations in the
complaint, offered substantial allegations that the putative class
members were together the victims of a single decision, policy, or
plan related to Defendants' tipping practices. The motion for
conditional certification was therefore granted.
On the scope of notice, the Court approved distribution via U.S.
Mail, email, and text message, with a 90-day opt-in period and a
reminder notice at the 45-day mark. The Court approved a three-year
notice period, reasoning that because no determination had yet been
made on the willfulness of the alleged FLSA violation, there was no
basis to exclude the third year at that time. The Court also
ordered Defendants to produce the names and contact information of
all putative collective members within 14 days, including names,
last known mailing addresses, cell phone numbers, personal email
addresses, dates of employment, and locations of employment. The
Court declined to order production of employee identification
numbers, finding no authority supporting that requirement.
Accordingly, Defendants' motion to dismiss was denied and Matthews'
motion for conditional certification and court-authorized notice
was granted in part.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=9pzHdw from PacerMonitor.com
Defendant Jennifer Miller, Bloomworks Wellness, LLC, Represented
By:
Laura L. Rubenstein
Henry Mark Stichel
RKW Law Group
443-379-4013
lrubenstein@rkwlawgroup.com
hmstichel@rkwlawgroup.com
Donald J. Walsh
RKW, LLC
443-379-4011
dwalsh@rkwlawgroup.com
Plaintiffs Bryan Matthews, Jacob Abuhamada, Melissa Cutts, Sara
Fitzgerald, Alexander Peyton Ford, Danilo Jongezoon, Sarah
Schellhardt, Matthew Sharpe, Cody Smith, Michael Stewart, and
Meghan Tierney Represented By:
Sarah M. Block
Patrick J. Miller-Bartley
Sean J. Brennan
Molly Ann Elkin
McGillivary Steele Elkin LLP
smb@mselaborlaw.com
pmb@mselaborlaw.com
sb@mselaborlaw.com
mae@mselaborlaw.com
BOOT BARN HOLDINGS: Donahue Sues Over Unpaid Overtime Wages
-----------------------------------------------------------
Kaitlyn Donahue, on behalf of herself and others similarly situated
v. BOOT BARN HOLDINGS, INC., Case No. 1:26-cv-00156-UNA (D. Del.,
Feb. 11, 2026), is brought challenging policies and practices of
Defendants that violate the Fair Labor Standards Act ("FLSA") as a
result of the Defendant's unpaid overtime wages.
The Plaintiff and others similarly situated worked 40 or more hours
in one or more workweek(s). Therefore, Defendants failed to pay The
Plaintiff and others similarly situated for all hours worked,
including overtime compensation for hours worked in excess of 40 in
a workweek. As a result of Defendants' companywide policy and/or
practice, Defendants knew or had reason to know that they were not
compensating The Plaintiff and similarly situated employees for all
wages that they actually earned, including overtime pay.
The exact total amount of compensation, including overtime
compensation, Defendants failed to pay to The Plaintiff and others
similarly situated are unknown at this time, as many of the records
necessary to make such precise calculations are in the possession
of Defendants or were not kept by Defendants. The Defendants failed
to accurately record and compensate The Plaintiff and those
similarly situated for all time worked, including overtime pay. As
a result, Defendants failed to pay The Plaintiff and those
similarly situated for all hours worked, including overtime
compensation for hours worked in excess of 40 in a workweek in
violation of the FLSA, says the complaint.
The Plaintiff was employed by Defendants from June 2025 until
November 2025, as an hourly, non-exempt employee.
The Defendants own and operate retail stores for western and work
apparel, footwear and accessories across the United States.[BN]
The Plaintiff is represented by:
Adam Lubow, Esq.
Robi J. Baishnab, Esq.
Nicholas A. Boggs, Esq.
NILGES DRAHER LLC
700 W. St. Clair Ave., Suite 320
Cleveland, OH 44113
Phone: (216) 230-2955
Facsimile: (330) 754-1430
Email: alubow@ohlaborlaw.com
rbaishnab@ohlaborlaw.com
nboggs@ohlaborlaw.com
- and -
Brian E. Farnan, Esq.
Michael J. Farnan, Esq.
FARNAN LLP
919 North Market Street, 12th Floor
Wilmington, DE 19801
Phone: (302) 777-0300
Facsimile: (302) 777-0301
Email: bfarnan@farnanlaw.com
mfarnan@farnanlaw.com
BPS SUPPLY GROUP: Miller Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against BPS Supply Group. The
case is styled as Chad Miller, individually, and on behalf of other
similarly situated employees v. BPS Supply Group, Case No.
STK-CV-UOE-2026-0001056 (Cal. Super. Ct., San Joaquin Cty., Feb.
11, 2026).
The case type is stated as "Unlimited Civil Other Employment."
BPS Supply Group -- https://www.bpssg.com/ -- provides wholesale
distribution of pipe, valves, fittings, and industrial
supplies.[BN]
The Plaintiff is represented by:
Sage Stone, Esq.
BLACKSTONE LAW PC
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 310-622-4278
BUILD-A-BEAR WORKSHOP: Neely Files Suit in S.D. California
----------------------------------------------------------
A class action lawsuit has been filed against Build-A-Bear
Workshop, Inc. The case is styled as Leanna Neely, individually,
and on behalf of all others similarly situated v. Build-A-Bear
Workshop, Inc., Case No. 3:26-cv-00901-H-BLM (S.D. Cal. Feb. 12,
2026).
The nature of suit stated as Other Fraud.
Build-A-Bear Workshop, Inc. -- https://www.buildabear.com/ -- is an
American retailer headquartered in St. Louis, Missouri that sells
teddy bears, stuffed animals, and characters.[BN]
The Plaintiff is represented by:
Michael Houchin, Esq.
CROSNER LEGAL, PC
9440 Santa Monica Blvd., Ste. 301
Beverly Hills, CA 90210-4614
Phone: (424) 478-2076
Email: mhouchin@crosnerlegal.com
CALIFORNIA FINE: Nguyen Labor Suit Removed to C.D. Calif.
---------------------------------------------------------
The case styled KHANG NGUYEN, individually, and on behalf of
himself and all others similarly situated, Plaintiff, v. CALIFORNIA
FINE WINE & SPIRITS LLC, a California limited liability company;
and DOES 1 through 50, inclusive, Defendants, Case No. 26STCV00388,
was removed from the the Superior Court of the State of California
in and for the County of Los Angeles, to the U.S. District Court
for the Central District of California on February 11, 2026.
The Clerk of Court for the Central District of California assigned
Case No. 2:26-cv-01445 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code.
California Fine Wine & Spirits LLC operates as a retailer of fine
wine. [BN]
The Defendant is represented by:
Karin M. Cogbill, Esq.
Sean M. Bothamley, Esq.
Andres Antuna, Esq.
JACKSON LEWIS P.C.
160 W. Santa Clara St., Ste. 400
San Jose, CA 95113
Telephone: (408) 579-0404
Facsimile: (408) 454-0290
E-mail: Karin.Cogbill@jacksonlewis.com
Sean.Bothamley@jacksonlewis.com
Andres.Antuna@jacksonlewis.com
CENTER FOR EMPLOYMENT: Summary Judgment Bid Extended to June 12
---------------------------------------------------------------
In the class action lawsuit captioned as ANDRE CANTEY, JAMES
BATTLE, and TERRENCE BOSTON, individually and on behalf of all
others similarly situated, v. CENTER FOR EMPLOYMENT OPPORTUNITIES,
INC., Case No. 1:25-cv-04843-LJL (S.D.N.Y.), the Hon. Judge Liman
entered an order extending deadlines as follows:
The discovery deadlines Ordered by the Court are extended as
follows:
1. Deposition deadline is extended from Feb. 6, 2026 to March
27, 2026;
2. Completion of all fact discovery is extended from Feb. 27,
2026 to April 17, 2026;
3. Completion of expert discovery is extended from Feb. 27, 2026
to April 17, 2026;
4. Post-discovery status conference is extended from March 5,
2026 to April 23, 2026;
5. Motion for summary judgment is extended from April 24, 2026
to June 12, 2026;
6. Motions for Rule 23 class certification and for conditional
certification under the Fair Labor Standards Act from May 1,
2026 to June 19, 2026, and
7. Proposed joint pretrial order is extended from June 12, 2026
to July 31, 2026.
The Defendant provides life skills education, short-term paid
transitional employment, job placement, and post-placement
services.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eO00Tw at no extra
charge.[CC]
CFD INVESTMENTS: James Sues Over Unprotected Private Information
----------------------------------------------------------------
BRANDON JAMES, on behalf of himself and all others similarly
situated, Plaintiff v. CFD INVESTMENTS, INC., Defendant, Case No.
1:26-cv-00284-JPH-TAB (S.D. Ind., February 10, 2026) arises from
the Defendant's failure to protect highly sensitive data about its
current and former clients.
From March 15, 2025, through May 9, 2025, the Defendant was hacked
in the data breach. In total, Defendant injured at least 31,731
persons -- via the exposure of their personally identifiable
information -- in the data breach. However, the Defendant waited
over until January 28, 2026, before it began notifying the class --
a full 319 days after the data breach began.
Moreover, the Defendant caused widespread injury and monetary
damages. Accordingly, the Plaintiff seeks redress for Defendant's
unlawful conduct and asserts claims for negligence, negligence per
se, breach of implied contract, invasion of privacy, unjust
enrichment, breach of fiduciary duty, and for declaratory
judgment.
CFD Investments, Inc. is a financial services firm based in Kokomo,
IN. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
1 West Las Olas, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
CHARLES STARK: Court Denies Bid to Dismiss "Steer" ERISA Suit
-------------------------------------------------------------
In the case captioned as Barry Steer, individually and as the
representative of a class of similarly situated persons, and on
behalf of the Charles Stark Draper Laboratory, Inc. Retirement Plan
for Draper Employees and the Charles Stark Draper Laboratory, Inc.
Supplemental Retirement Annuity Plan, Plaintiff, v. The Charles
Stark Draper Laboratory, Inc.; The Retirement Plan Oversight Group;
and John and Jane Does 1-10, Defendants, Civil Action No.
24-CV-13105-AK (D. Mass.), Judge Angel Kelley of the United States
District Court for the District of Massachusetts denied Defendants'
Motion to Dismiss in its entirety.
Plaintiff Barry Steer brought this class action on behalf of
himself, a class of similarly situated persons, and two retirement
plans - the Charles Stark Draper Laboratory, Inc. Retirement Plan
for Draper Employees (the Retirement Plan) and the Charles Stark
Draper Laboratory, Inc. Supplemental Retirement Annuity Plan (the
SRAP) (collectively, the Plans). Plaintiff alleged that Defendants,
The Charles Stark Draper Laboratory, Inc. (Draper), The Retirement
Plan Oversight Group (RPOG), and John and Jane Does 1-10, breached
their fiduciary duties in violation of the Employee Retirement
Income Security Act (ERISA).
Draper, a government contractor and research firm, served as the
Plans' sponsor and held ultimate authority to control and manage
their operation and administration. The RPOG, whose members were
appointed by Draper's Chief Executive Officer, was tasked with the
responsibility for overseeing the investment of the assets of the
Plans as a fiduciary under ERISA. TIAA served as the recordkeeper
for the Plans, performing administrative services such as tracking
participants' account balances and sending participant
communications.
The Plans are defined contribution or individual account plans
offering approximately thirty-five investment options. Plaintiff
alleged that the Plans' investment options underperformed and
charged unreasonably high fees, that TIAA charged unreasonable
recordkeeping fees, and that TIAA's recordkeeping and provision of
investments constituted prohibited transactions under ERISA.
Plaintiff also alleged that Defendants failed to appropriately
monitor the Plans' fiduciaries.
Plaintiff participated in the Retirement Plan during and after his
employment with Draper but did not participate in the SRAP.
Plaintiff brought three counts: Count I alleged that Defendants
breached the duty of prudence; Count II alleged that Defendants
caused the Plans to engage in prohibited transactions; and Count
III alleged that Defendants failed to monitor the Plans' other
fiduciaries.
Defendants filed a Motion to Dismiss under Federal Rules of Civil
Procedure 12(b)(1) and 12(b)(6), challenging Plaintiff's
constitutional and statutory standing on the ground that Plaintiff
was not a participant in the SRAP. Defendants also filed a Motion
for More Definite Statement under Rule 12(e), arguing that
Plaintiff had not sufficiently identified the prohibited
transactions at issue.
Upon careful examination, the court found that Plaintiff had
sufficient personal stake in the adjudication of the class members'
claims. Plaintiff alleged that Defendants treated Plaintiff and
other class members consistently and managed the Plans jointly and
uniformly as to all participants, and that Plaintiff's claims arose
out of the same conduct and misconduct by Defendants that formed
the basis of class members' claims.
Accordingly, the court held that Plaintiff had standing to
challenge these uniform practices even though he was not a
participant in the SRAP, and therefore denied Defendants' motion
under Rule 12(b)(1).
Defendants further argued that Plaintiff lacked statutory standing
to sue because he was not a participant in the SRAP. The court
analyzed Plaintiff's standing under Sections 1132(a)(2) and (3) of
ERISA, which permit participants to bring civil actions. The court
found that Plaintiff clearly alleged facts to support that he is a
participant in the Retirement Plan, and that the class members are
participants of both Plans. The court held that Congress accorded
Plaintiff the right to sue under ERISA to redress his injury, even
though he was not a SRAP participant. Therefore, Defendants' motion
under Rule 12(b)(6) was denied.
Defendants argued that Plaintiff had not sufficiently identified
the prohibited transactions that Defendants allegedly permitted.
The court noted that Rule 12(e) motions are disfavored in light of
the availability of pretrial discovery procedures and should only
be granted where the pleadings are unintelligible, not merely where
they lack detail.
The court found that Plaintiff identified contracts for services,
such as recordkeeping and the provisions of investments from
service providers like TIAA, as the prohibited transactions at
issue. The court further noted that under ERISA, plaintiffs need
only plausibly allege each element of a prohibited-transaction
claim. Therefore, Defendants' Motion for More Definite Statement
was denied.
A Copy of the Court's decision dated February 17 is available at
https://tinyurl.com/99rn67jy from PacerMonitor.com
Defendants The Retirement Plan Oversight Group and The Charles
Stark Draper Laboratory, Inc. Represented By:
Charles F. Seemann, III
Jackson Lewis P.C.
504-208-1755
charles.seemann@jacksonlewis.com
Douglas J. Hoffman
Jackson Lewis PC
617-367-0025
douglas.hoffman@jacksonlewis.com
Ryan Michael Tucker
Jackson Lewis P.C.
504-208-1755
ryan.tucker@jacksonlewis.com
Howard Shapiro
Jackson Lewis P.C.
504-208-5835
howard.shapiro@jacksonlewis.com
Steven Sheesley
Jackson Lewis P.C.
504-380-3928
steven.sheesley@jacksonlewis.com
Plaintiff Barry Steer Represented By:
Osvaldo Vazquez
Fair Work, PC
202-460-9206
oz@fairworklaw.com
CHELSEA SENIOR LIVING: Davila Files Suit in N.Y. Sup. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Chelsea Senior
Living, LLC. The case is styled as Julio Davila, on behalf of
himself, individually, and all other persons similarly situated v.
Chelsea Senior Living, LLC, Case No. Index not Assigned (N.Y. Sup.
Ct., Bronx Cty., Feb. 12, 2026).
The nature of suit stated as Torts - Other (New York Labor Law
Claim).
Chelsea Senior Living -- https://chelseaseniorliving.com/ --
provides senior housing and care solutions in Assisted Living,
Independent Living, and Memory Care.[BN]
The Plaintiff is represented by:
David Donald Barnhorn, Esq.
LAW OFFICE OF PETER A. ROMERO PLLC
825 Veterans Hwy
Hauppauge, NY 11788
Phone: +1 631 257 5588
Fax: +1 631 239 5796
CHROME DEPOSIT: Horton Sues Over Failure to Pay Compensations
-------------------------------------------------------------
Brian Horton, individually and on behalf of all others similarly
situated v. CHROME DEPOSIT CORPORATION, Case No. 5:26-cv-00336
(N.D. Ohio, Feb. 10, 2026), is brought challenging certain policies
and practices of Defendant that violate the Fair Labor Standards
Act ("FLSA"), the Ohio Minimum Fair Wage Standards Act ("OMFWSA"),
and Ohio's Prompt Pay Act ("OPPA") as a result of the Defendant's
failure to pay compensations.
The Defendant kept records of some hours worked or otherwise had
the ability to accurately track hours worked and accurate overtime
earned and owed through Defendant's hardware, software, and/or
systems, by the Plaintiff and other similarly situated employees.
However, because of Defendant's policy of not including weekly
Attendance Bonuses when calculating employees' regular rate of pay
for overtime purposes, Defendant failed to accurately calculate the
Plaintiff and other similarly situated employees' regular rate of
pay for overtime purposes.
The Defendant willfully and intentionally transmitted inaccurate
and/or incomplete records to payroll for compensation purposes,
which wrongly calculated regular rates of pay. Defendant's failure
to properly calculate regular rates of pay had the direct effect of
reducing Defendant's labor costs to the detriment of the Plaintiff
and other similarly situated employees. The Defendant willfully and
intentionally did not correctly record and pay all hours worked at
the appropriate rate in violation of the FLSA and violated the
FLSA's recordkeeping requirements, says the complaint.
The Plaintiff was employed by Defendant from March 18, 2024, until
June 16, 2025, as an hourly, non-exempt manufacturing employee.
The Defendant owns and operates manufacturing facilities in Ohio,
South Carolina, Mississippi, and Indiana.[BN]
The Plaintiff is represented by:
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher Street, N.W., Suite B
North Canton, OH 44720
Phone: (330) 470-4428
Facsimile: (330) 754-1430
Email: hans@ohlaborlaw.com
- and -
Robi J. Baishnab, Esq.
Nicholas A. Boggs, Esq.
700 W. St. Clair Ave., Suite 320
Cleveland, OH 44113
Phone: (216) 230-2955
Facsimile: (330) 754-1430
Email: rbaishnab@ohlaborlaw.com
nboggs@ohlaborlaw.com
CI SQUARED: Spikes Sues Over Failure to Provide Proper OT Pay
-------------------------------------------------------------
TRAVIS SPIKES, and all others similarly situated, Plaintiff v. CI
SQUARED AVIATION, INC., Defendant, Case No. 1:26-cv-00396-SEG (N.D.
Ga., January 22, 2026) is a class action against the Defendant
seeking a declaratory judgment, compensation, damages, equitable
and other relief available under the Fair Labor Standards Act.
According to the complaint, the Plaintiff and similarly situated
routinely work more than 40 hours in a workweek but are denied
proper overtime compensation for hours worked in excess of 40
because Defendant fails to include premium payments in the regular
rate of pay upon which the Plaintiff's and those similarly situated
overtime rate is based.
Plaintiff Spikes worked for CI2 as an air traffic controller at
Fulton County Airport - Brown Field (FTY).
CI Squared Aviation, Inc. is an aerospace and information
technology company based in Marietta, Georgia.[BN]
The Plaintiff is represented by:
Justin M. Scott, Esq.
Tierra M. Monteiro, Esq.
RADFORD SCOTT LLP
125 Clairemont Ave., Suite 380
Decatur, GA 30030
Telephone: (404) 400-3600
E-mail: jscott@radtordscott.com
tmonteiro@radfordscott.com
- and -
Gregory K. McGuillivary, Esq.
Molly A. Elkin, Esq.
Sarah M. Block, Esq.
Rachel B. Lerner, Esq.
McGILLIVARY STEELE ELKIN LLP
1101 Vermont Avenue, N.W. Suite 1000
Washington, D.C. 20005
Telephone: (202) 833-8855
E-mail: skm@mselaborlaw.com
mae@mselaborlaw.com
smb@mselaborlaw.com
rbl@mselaborlaw.com
CRESCENT HOTELS: Mata Files Employment Suit in Cal. Super.
----------------------------------------------------------
A class action has been filed against Crescent Hotels & Resorts,
LLC. The case is captioned as Genaro Cazares Mata, an individual
and on behalf of all others similarly situated v. CRESCENT HOTEL
MANAGEMENT SERVICES, LLC, a Virginia Limited Liability Company, and
CRESCENT HOTELS & RESORTS, LLC, a Delaware Limited Liability
Company, Case No. 26CV166052 (Cal. Super., Alameda Cty., January
22, 2026).
The suit is brought over Defendants' alleged employment law
violation.
The case is assigned to Hon. S. Raj Chatterjee.
A complex determination hearing and an initial case management
conference will be held on February 26, 2026 and June 8, 2026,
respectively.
Crescent Hotels & Resorts, LLC is headquartered in the United
States. The Company's line of business includes operating public
hotels and motels.[BN]
DEMANDBASE INC: Strull Files Personal Injury Suit in Cal. Super.
----------------------------------------------------------------
A class action suit has been filed against Demandbase, Inc. The
case is styled as COOPER STRULL, ANDREA ESPINDOLA, and ERIN WEILER,
on behalf of themselves and all others similarly situated v.
DEMANDBASE, INC., Case No. CGC26633203 (Cal. Super., San Francisco
Cty., January 22, 2026).
The suit is brought by the Plaintiffs against the Defendant over
personal injury claims.
A case management conference is scheduled for July 8, 2026.
Demandbase, Inc. provides account-based marketing platform.[BN]
The Plaintiffs are represented by:
Matthew W. Ruan, Esq.
FREED KANNER LONDON & MILLEN LLC
100 Tri-State International, Suite 128
Lincolnshire, IL 60069
Telephone: (224) 632-4500
E-mail: mruan@fklmlaw.com
DREAM GAMES TEKNOLOGI: Vollmuth Suit Transferred to W.D. Washington
-------------------------------------------------------------------
The case captioned as Lorna Vollmuth, individually and on behalf of
all others similarly situated v. Dream Games Teknologi Anonim
Sirketi, Case No. 2:24-cv-07763-MWC-AGR was transferred from the
U.S. District Court for the Central District of California, to the
U.S. District Court for the Western District of Washington on Feb.
11, 2026.
The District Court Clerk assigned Case No. 2:26-cv-00513-RSM to the
proceeding.
The nature of suit is stated as Other Fraud.
Dream Games -- https://www.dreamgames.com/ -- is a leading mobile
gaming company focused on creating high-quality games with engaging
characters and immersive gameplay.[BN]
The Plaintiffs are represented by:
Amanda Jasmine Rosenberg, Esq.
Jeffrey Douglas Kaliel, Esq.
KALIEL GOLD PLLC
1100 15th Street NW, 4th Floor
Washington, DC 20005
Phone: (202) 280-4783
Email: arosenberg@kalielgold.com
jkaliel@kalielpllc.com
- and -
Gabriel Mandler, Esq.
EDELSBERG LAW PA
20900 NE 30th Avenue, Suite 417
Aventura, FL 33180
Phone: (786) 200-4316
Email: gabriel@edelsberglaw.com
- and -
Omer Salik, Esq.
CARTER ARNETT BENNETT & PEREZ PLLC
111 Pier Ave., Suite 101
Hermosa Beach, CA 90254
Phone: (214) 295-3688
Email: osalik@carterarnett.com
EDEN BRANDS: Esparza Balks at Automatic Subscription Renewal
------------------------------------------------------------
MIGUEL ESPARZA, individually and on behalf of all others similarly
situated, Plaintiff v. EDEN BRANDS INC., a Delaware corporation,
d/b/a WWW.EVER-EDEN.COM Defendant, Case No. 26CU003622C (Cal.
Super., San Diego Cty., January 22, 2026) is a class action brought
by the Plaintiff after purchasing a paid subscription at
Defendant's website which caused him to incur unlawful charges
related to an automatic renewal or continuous service in violation
of the California's Automatic Renewal Law.
According to the complaint, the Defendant violated the law by (1)
failing to provide clear and conspicuous disclosures mandated by
California law; and (2) failing to provide an acknowledgment to
consumers, including Plaintiff, that includes the automatic renewal
or continuous service offer terms, the cancellation policy, and
information regarding how to cancel in a manner that is capable of
being retained by the consumer.
The Plaintiff seeks to enjoin Defendant from continuing its ongoing
violations of California law. He also seeks damages, punitive
damages, restitution, and reasonable attorneys' fees and costs.
Eden Brands Inc. operates as a specialty retailer. The Company
offers mom, baby, and kids skin care products. Eden Brands serves
customers in the United States.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
ELIJAH SCHAFFER: Class Cert Bid Filing in Wilkins Suit Due April 2
------------------------------------------------------------------
In the class action lawsuit captioned as ALEXIS WILKINS, v. ELIJAH
D. SCHAFFER, Case No. 9:25-cv-81334-DMM (S.D. Fla.), the Hon. Judge
entered a pretrial scheduling order and order referring case to
mediation:
The case is set for trial before U.S. District Judge Middlebrooks
at the United States District Court, 701 Clematis Street, Second
Floor, Courtroom 7, West Palm Beach, Florida, during the two-week
trial period commencing Sept. 21, 2026, at 9:00 a.m., with a
calendar call set for Sept. 16, 2026, at 1:15 p.m.
The parties shall adhere to the following schedule, which shall not
be modified absent compelling circumstances. Any motions to modify
this schedule shall be directed to the attention of U.S. District
Judge Donald M. Middlebrooks.
Feb.20, 2026 Discovery Plan shall be filed.
March 19, 2026 Joinder of additional Parties and amend
pleadings.
April 2, 2026 Any motions for class certification shall be
filed.
April 16, 2026 The Plaintiff(s) shall provide opposing
counsel with a written list with the names
and addresses of all expert witnesses
intended to be called at trial and only
those expert witnesses listed shall be
permitted to testify.
July 9, 2026 All discovery shall be completed.
July 23, 2026 All Pretrial Motions, including summary
judgment motions and Daubert motions, and
motions in limine shall be filed.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cLtjOr at no extra
charge.[CC]
ENTREPRENEUR ENTERPRISES: Standing Order in Patagonia Entered
-------------------------------------------------------------
In the class action lawsuit captioned as PATAGONIA, INC., v.
ENTREPRENEUR ENTERPRISES, INC., et al., Case No.
2:26-cv-00586-RGK-RAO (C.D. Cal.), the Hon. Judge R. Gary Klausner
entered a standing order regarding newly assigned cases:
The Plaintiff(s) shall promptly serve the Complaint in accordance
with Fed. R. Civ. P. 4 and file the proofs of service pursuant to
Local Rule
Any answers filed in state court must be refiled in this Court as a
supplement to the petition
Petitioner(s) shall file and serve within 3 days of the date of
this order an ex parte application requesting a hearing on the
Petition to ensure prompt resolution of the Petition in compliance
with section 983(f)'s deadlines.
The attorney attending any proceeding before this Court, including
all status and settlement conferences, must be the lead trial
counsel.
All discovery matters have been referred to a United States
Magistrate Judge to hear all discovery disputes.
The Defendant provides special trade contracting services.
A copy of the Court's order dated Feb. 3, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CWNord at no extra
charge.[CC]
ESTEE LAUDER: Bid to Extend Time To Complete Discovery Granted
--------------------------------------------------------------
In the class action lawsuit captioned re The Estee Lauder Co., Inc.
Securities Litigation, Case No. 1:23-cv-10669-AS (S.D.N.Y.), the
Hon. Judge Arun Subramanian entered an order granting the joint
letter motion to extend time to complete discovery.
The Court adopts in full the parties' proposal below. Because the
motion for class certification will have been pending for nearly
seven months before it will be fully briefed on April 25, 2026,
counsel for lead plaintiffs should re-file the document in as a new
motion for class certification, by Feb. 12, 2026.
Lead plaintiffs need only file the notice of motion, and the Court
will take it from there. The Clerk of Court is directed to
terminate the motions at Dkts. 82 and 109.
Event Date
Deadline for the Plaintiffs' opposition to April 24, 2026
the Defendants' motion to exclude opinions
in the expert report of Matthew D. Cain,
Ph.D. and related testimony:
Deadline to file motion seeking leave to April 28, 2026
amend the pleadings without leave of court:
Deadline for Lead Plaintiff to file reply April 24, 2026
in support of motion for class certification:
Deadline for completing fact discovery: June 30, 2026
Deadline for filing summary judgment, other Oct. 13, 2026
dispositive, and/or Daubert motions:
Estee is an American multinational cosmetics company.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=htT15f at no extra
charge.[CC]
The Plaintiff is represented by:
James T. Christie, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: jchristie@labaton.com
The Defendant is represented by:
Barry H. Berke, Esq.
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166-0193
Telephone: (212) 351-4000
Facsimile: (212) 351-4035
FORD MOTOR: Seeks Leave to File Notice of Supplemental Authority
----------------------------------------------------------------
In the class action lawsuit captioned as MARK WILLIAM DROESSER, et
al., v. FORD MOTOR COMPANY, Case No. 2:19-cv-12365-LJM-APP (E.D.
Mich.), the Defendant asks the Court to enter an order granting
motion for leave to file a notice of supplemental authority to
apprise the Court of authority released after the Plaintiffs'
motion for class certification was fully briefed.
On Jan. 29, 2026, the United States Court of Appeals for the Sixth
Circuit vacated and granted en banc review of the panel decision in
Clippinger v. State Farm Auto. Ins. Co., 156 F.4th 724 (6th Cir.
2025).
The Sixth Circuit's en banc order undermines Plaintiffs' motion for
class certification. The Plaintiffs rely on the now-vacated panel
opinion in their class certification reply brief.
Ford is an American multinational automaker.
A copy of the Defendant's motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=WLkMDi at no extra
charge.[CC]
The Defendant is represented by:
Stephanie A. Douglas, Esq.
Derek J. Linkous, Esq.
BUSH SEYFERTH PLLC
100 W. Big Beaver Rd., Ste. 400
Troy, MI 48084
Telephone: (248) 822-7800
E-mail: douglas@bsplaw.com
linkous@bsplaw.com
- and -
Perry W. Miles, IV, Esq.
Brian D. Schmalzbach, Esq.
W. Cole Geddy, Esq.
Morgan V. Maloney, Esq.
MCGUIREWOODS LLP
800 East Canal Street
Richmond, VA 23219
Telephone: (804) 775-1000
E-mail: pmiles@mcguirewoods.com
bschmalzbach@mcguirewoods.com
cgeddy@mcguirewoods.com
mmaloney@mcguirewoods.com
GENTRY MOUNTAIN: Court Denies Bid to Dismiss "Thomas" FLSA Suit
---------------------------------------------------------------
In the case captioned as Duncan Thomas, individually and on behalf
of all others similarly situated, Plaintiff, v. Gentry Mountain
Mining, Defendant, Case No. 2:25-CV-00622-DAK-JCB (D. Utah), Judge
Dale A. Kimball of the United States District Court for the
District of Utah denied Defendant's motion to dismiss Plaintiff's
collective action complaint under the Fair Labor Standards Act
(FLSA) and the Portal-to-Portal Act.
Plaintiff Duncan Thomas, employed as a roof bolter/operator by
Defendant, alleged that Defendant failed to compensate him and
putative collective action members for time spent donning and
doffing personal protective equipment (PPE), showering, and
traveling to and from the work site -- activities totaling
approximately two hours or more per shift.
Defendant argued that these activities were non-compensable
preliminary and postliminary activities under the Portal-to-Portal
Act, Section 254(a), that the contested time was de minimis, and
that Plaintiff failed to plead sufficient facts to support a
willful violation of the FLSA to extend the statute of limitations
from two years to three.
The court found that Plaintiff adequately pleaded that donning and
doffing PPE and showering were integral and indispensable to his
principal activity as a roof bolter, distinguishing the case from
Integrity Staffing Solutions, Inc. v. Busk. The court further found
the de minimis defense unavailing, noting that two hours per shift
is not an insignificant period, and that the de minimis doctrine is
an affirmative defense the employer must raise. As to willfulness,
the court held that Plaintiff's allegations that Defendant was
aware of its failure to pay required overtime wages were sufficient
at the pleading stage.
Accordingly, the court denied Defendant's motion to dismiss and
directed Plaintiff to file an amended complaint by March 4, 2026.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=amG1xh from PacerMonitor.com
Plaintiff was represented by Melinda Arbuckle and Kathryn Harstad.
Defendant was represented by Paul Cannon.
GHOST MANAGEMENT: Standing Order Entered in Sanchez Class Suit
--------------------------------------------------------------
In the class action lawsuit captioned as OCTAVIO SANCHEZ, v. GHOST
MANAGEMENT GROUP, LLC, Case No. 8:19-cv-00442-PA-KES (C.D. Cal.),
the Hon. Judge Percy Anderson entered a standing order as follows:
The Plaintiff shall promptly serve the Complaint in accordance with
Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local
Rule 28 5-3.1 within 10 days of service of the summons and
complaint.
All discovery matters have been referred to a United States
Magistrate Judge, who will hear all discovery disputes.
Motions shall be filed in accordance with Local Rule 7. This Court
hears motions on Mondays, commencing at 1:30 p.m. No supplemental
brief shall be filed without prior leave of Court.
Each party filing or opposing a motion or seeking the determination
of any matter shall serve and lodge a Proposed Order setting forth
the relief or action sought and a brief statement of the rationale
for the decision with appropriate citations.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=IbXbX2 at no extra
charge.[CC]
GILT GROUPE LP: Dalton Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Gilt Groupe, LP, Case No. 0:26-cv-01356-LMP-DJF (D.
Minn., Feb. 11, 2026), is brought arising because Defendant's
Website (www.gilt.com) (the "Website" or "Defendant's Website") is
not fully and equally accessible to people who are blind or who
have low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, the
Plaintiff found Defendant's Website has a number of digital
barriers that deny screen-reader users like Plaintiff full and
equal access to important Website content--content Defendant makes
available to its sighted Website users.
Still, the Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers apparel and accessories for sale including,
but not limited to, tops, bottoms, sweaters, jackets, swimwear,
handbags, home goods, accessories, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
GOLDEN GATE UNIVERSITY: Figueroa Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Golden Gate
University, et al. The case is styled as Jacquelinne Maldonado
Figueroa, and on behalf of herself and all others similarly
situated v. Golden Gate University, Does 1 Through 50, Inclusive,
Case No. CGC26633218 (Cal. Super. Ct., San Francisco Cty., Jan. 23,
2026).
The case type is stated as "Other Non-Exempt Complaints."
Golden Gate University -- https://ggu.edu/ -- is a private
university in San Francisco, California.[BN]
The Plaintiff is represented by:
Christopher L. Burrows, Esq.
BURROWS LAW FIRM
12100 Wilshire Blvd., Ste. 800
Los Angeles, CA 90025-7140
Phone: 310-526-9998
Email: cburrows@cburrowslaw.com
GOVERNMENT EMPLOYEES: Parties Seek to Modify Case Schedule
----------------------------------------------------------
In the class action lawsuit captioned as STEVE CHING INSURANCE,
INC., v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al., Case No.
8:23-cv-03033-PX (D. Md.), the Parties ask the Court to enter an
order granting their joint motion to modify case schedule in order
to account for the Defendants' motion for summary judgment and
motion to exclude testimony of Branko Jovanovic, both filed on Jan.
30, 2026.
The Parties jointly request that the Court modify the current case
schedule and enter an order with case deadlines as follows:
Requirement Date
The Plaintiffs' reply in support of April 30, 2026
motion for class certification:
The Plaintiffs' rebuttal Rule 26(a)(2) April 30, 2026
disclosures:
The Plaintiffs' opposition to motion April 30, 2026
for summary judgment:
The Defendants' reply in support of July 30, 2026
motion for summary judgment:
The Defendants' reply in support of July 30, 2026
motion to exclude:
Hearing on motion for class Sept. 29, 2026, or at
certification: the Court's earliest
convenience thereafter
The Defendant is an American vehicle insurance company.
A copy of the Parties' motion dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UylTek at no extra
charge.[CC]
The Plaintiff is represented by:
Adam J. Levitt, Esq.
Amy E. Keller, Esq.
John Tangren, Esq.
Eaghan S. Davis, Esq.
Diandra S. Debrosse Zimmerman, Esq.
Eli Hare, Esq.
Kenneth P. Abbarno, Esq.
Justin J. Hawal, Esq.
Eviealle J. Dawkins, Esq.
DICELLO LEVITT LLP
10 North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
akeller@dicellolevitt.com
jtangren@dicellolevitt.com
edavis@dicellolevitt.com
fu@dicellolevitt.com
ehare@dicellolevitt.com
kabbarno@dicellolevitt.com
jhawal@dicellolevitt.com
edawkins@dicellolevitt.com
- and -
Benjamin Crump, Esq.
Gabrielle Higgins, Esq.
Brendan H. Chandonnet, Esq.
BEN CRUMP LAW, PLLC
122 South Calhoun Street
Tallahassee, FL 32301
Telephone: (800) 691-7111
E-mail: ben@bencrump.com
gabrielle@bencrump.com
brendan@bencrump.com
The Defendants are represented by:
Gerald L. Maatman, Jr., Esq.
Jennifer A. Riley, Esq.
Justin Donoho, Esq.
Tiffany E. Alberty, Esq.
Zev Grumet-Morris, Esq.
Tristan Alexander Dietrick, Esq.
DUANE MORRIS LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603-3433
Telephone: (312) 499-6700
E-mail: gmaatman@duanemorris.com
jariley@duanemorris.com
jrdonoho@duanemorris.com
tealberty@duanemorris.com
zgrumetmorris@duanemorris.com
tdietrick@duanemorris.com
GRAND ASTORIA: Faces Lastor Wage-and-Hour Suit in E.D.N.Y.
----------------------------------------------------------
MARCELINO CHUMIL LASTOR, individually and on behalf of others
similarly situated, Plaintiff v. GRAND ASTORIA INC. (d/b/a THE
GRAND), GEORGIOS BALLIS, JOHNNY SOLO, and ANNA KALONAROS,
Defendants, Case No. 1:26-cv-00718 (E.D.N.Y., February 9, 2026) is
a class action against the Defendants for unpaid minimum and
overtime wages pursuant to the Fair Labor Standards Act, the New
York Labor Law and "overtime wage order" respectively codified at
N.Y.C.R.R. Tit. 12, including applicable liquidated damages,
interest, attorneys' fees, and costs.
The complaint alleges that Defendants maintained a policy and
practice of requiring Plaintiff and all similarly situated
employees to work in excess of 40 hours per week without paying
them appropriate minimum wage, overtime compensation and spread of
hours pay as required by federal and state laws.
The Defendants' pay practices resulted in Plaintiff Lastor not
receiving payment for all his hours worked, and resulted in
Plaintiff's effective rate of pay falling below the required
minimum wage rate, says the suit.
Plaintiff Lastor is a former employee of Defendants who was
employed as a cook and food preparer from approximately June 1,
2022 until February 4, 2026.
Grand Astoria Inc. is a restaurant based in New York.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
E-mail: michael@faillacelaw.com
GREAT INTERNATIONAL: Combel Bid to Toss Class Action Claims Nixed
-----------------------------------------------------------------
In the class action lawsuit captioned as JENNA COMBEL, V. GREAT
INTERNATIONAL SUPPLY CHAIN MANAGEMENT CO., LTD, ET AL., Case No.
2:25-cv-01252-SSV-EJD (E.D. La.), the Hon. Judge Vance entered an
order denying the plaintiff's motion to dismiss without prejudice
all class action claims.
The rationale for the proposed amendment is a persuasive one:
permitting dismissal of one or more claims in a multi-claim case is
consistent with the general policy favoring narrowing issues
through pretrial proceedings, simplifying proceedings, and
facilitating settlements. Regardless, this Court is bound by Fifth
Circuit precedent.
As the class action had not yet been certified or proposed to be
certified for the purposes of settlement, Court approval of the
dismissal of the class action claims and allegations is not
required by rule. Fed. R. Civ. P. 23(e) Combel's motion instead
falls under Fed. R. Civ. P. 41(a). Rule 41(a) allows plaintiffs to
voluntarily dismiss "an action."
Here, Combel purports to dismiss her class action claims under Fed.
R. Civ. P. 41(a)(2) while leaving her individual claims intact.
This is impermissible under the Fifth Circuit's Rule 41(a)
precedent.
The Judiciary has proposed an amendment to Rule 41(a) to allow
voluntary dismissal of one or more of a plaintiff's claims, but
that proposal is not ripe for adoption.
The Defendant is a China-based exporter and logistics service
provider.
A copy of the Court's order dated Feb. 2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xjViY9 at no extra
charge.[CC]
GREEN 70: Scheduling Order Entered in Ruiz Class Action
-------------------------------------------------------
In the class action lawsuit captioned as EDILBERTO RUIZ, on behalf
of himself, FLSA Collective Plaintiffs, and the Class, v. GREEN 70
LLC, d/b/a Green Kitchen, et al, Case No. 1:25-cv-05777-JMF
(S.D.N.Y.), the Hon. Judge Furman entered a scheduling order as
follows:
–- The Defendants shall produce initial disclosures and respond
to the outstanding discovery requests raised in points I and
IV of the Plaintiff's discovery dispute letter no later than
Feb. 13, 2026.
-- The parties shall confer on the class discovery and deposition
issues addressed in points II and IV of Plaintiff's letter,
and promptly raise any disputes with the Court if they are
unable to reach agreement.
-- To the extent the Plaintiff seeks class contact information
that exceeds the scope of the collective action, that request
is denied without prejudice to renewal.
-- Unless and until the Court orders otherwise, the Plaintiff
shall file any motion for class certification no later than
March 23, 2026. The Defendants shall file any opposition no
later than April 13, 2026. The Plaintiff's reply, if any,
shall be filed no later than April 20, 2026.
-- No later than the close of the opt-in period, that is, ninety
days after the Notice is sent out, the parties shall file a
joint status letter on the results of the opt-in and
settlement.
Green is a casual American restaurant.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lHJwN0 at no extra
charge.[CC]
GRIP6 INC: Moran Seeks Equal Website Access for Blind Users
-----------------------------------------------------------
WASHINGTON BENAVIDES MORAN, individually and on behalf of all
others similarly situated, Plaintiff v. GRIP6, INC., Defendant,
Case No. 1:26-cv-01147 (S.D.N.Y., Feb. 10, 2026) alleges violation
of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://grip6.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
GRIP6, Inc. is a US based apparel company that manufactures belts,
wallets, socks & beanies. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
GROUP SOLAR: $415K Settlement in "Lojewski" Has Final OK
--------------------------------------------------------
In the case captioned as Rafal Lojewski, on behalf of himself and
Others Similarly Situated, Plaintiff, v. Group Solar USA LLC et al,
Case No. 1:22-cv-10816 (S.D.N.Y.), Judge Paul A. Engelmayer of the
United States District Court for the Southern District of New York
granted final approval of a $415,000 class action settlement,
bringing the case to a close and putting money in the pockets of
affected class members.
The settlement fund is non-reversionary, meaning no money goes back
to the defendant. Class members who cash their first-round
settlement checks may even see a second distribution, provided the
average payout would amount to at least $20 after costs. Any
leftover residual funds are earmarked for the Empire Justice
Center's Foreclosure Prevention Program, a cy pres charity selected
to benefit the broader public interest.
Named plaintiff Rafal Lojewski, whose efforts made the case
possible, will receive a $6,000 service award in recognition of his
work on behalf of the class.
Class counsel will take home $138,333.33 in attorneys' fees plus
$4,636.92 in reimbursed costs — amounts the court found
reasonable after reviewing detailed billing and disbursement
records. Notably, the defendant raised no opposition to the fee
request, and the settlement terms were negotiated with the help of
an experienced outside mediator. The final order was signed on
February 12, 2026.
A copy of the Court's case is available at
https://urlcurt.com/u?l=8SDxzD from PacerMonitor.com.
Defendant Salal Credit Union Represented by:
Peter George Siachos
Gordon & Rees LLP
843-714-2505
psiachos@grsm.com
Defendant Solar Mosaic, Inc. Represented by:
Massie P. Cooper
Rachelle Pointdujour
Kalama Mark Lui-Kwan
Ryan A. Lewis
Troutman Pepper Hamilton Sanders LLP
massie.cooper@troutman.com
rachelle.pointdujour@troutman.com
kalama.lui-kwan@troutman.com
ryan.lewis@troutman.com
Plaintiffs Manuel Acevedo, Isamar Delacruz, Danielle Garcia, Smith
Garcia and Rafal Lojewski represented by:
Henry Cooper Ellenberg, II
Daniel Adam Schlanger
Schlanger Law Group LLP
hellenberg@consumerprotection.net
dschlanger@consumerprotection.net
GRUBBS INFINITI AUTOMOTIVE: Smith Files TCPA Suit in N.D. Texas
---------------------------------------------------------------
A class action lawsuit has been filed against Grubbs Infiniti
Automotive, LLC. The case is styled as Shaquita Smith, individually
and on behalf of all others similarly situated v. Grubbs Infiniti
Automotive, LLC, Case No. 4:26-cv-00154-O (N.D. Tex., Feb. 12,
2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
GRUBBS INFINITI of Grapevine -- https://www.grubbsinfiniti.com/ --
is one of the finest Grapevine INFINITI dealers.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
2626 Cole Avenue, Suite 300
Dallas, TX 75204
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
GUARDIAN IMPACT: Rodriguez Files TCPA Suit in S.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Guardian Impact
Windows & Roofing LLC. The case is styled as Emmanuel Rodriguez,
individually and on behalf of all others similarly situated v.
Guardian Impact Windows & Roofing LLC, Case No. 1:26-cv-20911-XXXX
(S.D. Fla., Feb. 11, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Guardian Impact Windows & Roofing -- https://guardwhatmatters.com/
-- provides expert installation of Miami-Dade approved hurricane
impact windows, impact doors, and roofing systems throughout South
Florida.[BN]
The Plaintiff is represented by:
Rachel E. Kaufman, Esq.
KAUFMAN PA
400 NW 26th Street
Miami, FL 33127
Phone: (305) 469-5881
Email: rachel@kaufmanpa.com
GULSHAN MANAGEMENT: Gifford Files Suit in S.D. Texas
----------------------------------------------------
A class action lawsuit has been filed against Gulshan Management
Services, Inc. The case is styled as Annette Gifford, on behalf of
herself and on behalf of all other similarly situated individuals
v. Gulshan Management Services, Inc., Case No. 4:26-cv-00563 (S.D.
Tex., Jan. 23, 2026).
The nature of suit is stated as Other P.I. for Personal Injury.
Gulshan Management Services is a long-standing operator in the fuel
and convenience retail industry.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
Jessica Andrea Wilkes, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
jaw@federmanlaw.com
HANNA ANDERSSON LLC: Dalton Sues Over Blind-Inaccessible Website
----------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Hanna Andersson, LLC, Case No. 0:26-cv-01400 (D. Minn.,
Feb. 12, 2026), is brought arising because Defendant's Website
(www.hannaandersson.com) (the "Website" or "Defendant's Website")
is not fully and equally accessible to people who are blind or who
have low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, the
Plaintiff found Defendant's Website has a number of digital
barriers that deny screen-reader users like Plaintiff full and
equal access to important Website content--content Defendant makes
available to its sighted Website users.
Still, the Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers children's apparel and accessories for sale
including, but not limited to tops, bottoms, dresses, pajamas,
sweaters, hoodies, jackets, swimwear, baby clothes, accessories and
more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
HARPER WILDE INC: Dalton Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Harper Wilde, Inc., Case No. 0:26-cv-01301-KMM-EMB (D.
Minn., Feb. 10, 2026), is brought arising because Defendant's
Website (www.harperwilde.com) (the "Website" or "Defendant's
Website") is not fully and equally accessible to people who are
blind or who have low vision in violation of both the general
non-discriminatory mandate and the effective communication and
auxiliary aids and services requirements of the Americans with
Disabilities Act (the "ADA") and its implementing regulations. In
addition to her claim under the ADA, Plaintiff also asserts a
companion cause of action under the Minnesota Human Rights Act
(MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, the
Plaintiff found Defendant's Website has a number of digital
barriers that deny screen-reader users like Plaintiff full and
equal access to important Website content--content Defendant makes
available to its sighted Website users.
Still, the Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers women's undergarments and pajamas for sale
including, but not limited to, underwear, bras, shapewear, pajamas,
sleep sets, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
HD SUPPLY MANAGEMENT: Murray Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against HD SUPPLY MANAGEMENT,
LLC, et al. The case is styled as Jon Murray, and on behalf of all
others similarly situated v. HD SUPPLY MANAGEMENT, LLC, Does 1-50,
Case No. 26CV001603 (Cal. Super. Ct., Sacramento Cty., Jan. 23,
2026).
The case type is stated as "Other Employment - Civil Unlimited."
HD Supply -- https://hdsupply.com/ -- supplies maintenance, repair
& operations products to multifamily, hospitality, healthcare,
commercial & government facilities.[BN]
The Plaintiff is represented by:
Ash Bhargava, Esq.
WORKRIGHT LAW, APC
3925 Tipperary Ct.
Yorba Linda, CA 92886-6127
Phone: 562-760-8803
Email: ash@workrightlaw.com
HEATHER HILL: MCPA Claims Dismissed in Hall Class Action
--------------------------------------------------------
In the class action lawsuit captioned as CHARLENE HALL,
individually and on behalf of all others similarly situated, v.
HEATHER HILL PROPERTY COMPANY, LLC, et al., Case No.
1:25-cv-00238-ABA (D. Md.), the Hon. Judge Adam Abelson entered a
memorandum dismissing with prejudice Ms. Hall's MCPA and section
14-202(8) MCDCA claims that Defendants misrepresented that they
were authorized to collect rent during a time when they were not
due to lack of licensure, without alleging any actual injury.
But her MCPA and section 14-202(8) MCDCA claims that the same
actions caused her actual injury (such as medical expenses arising
from habitability issues) will survive dismissal.
The Court will dismiss without prejudice any MCDCA claims in Count
Three that are based on an alleged violations of the MCALA under
section 14-202(10), but not Ms. Hall's FDCPA-based claim under
section 14-202(11).
The Court will deny the motion to dismiss as to Count Two alleging
breach of implied warranty of habitability and violation of section
8-211. The Court will deny the Defendants' motion to dismiss Count
Four for negligence. It will dismiss her claims for relocation
assistance and punitive damages. A separate order will issue.
The Plaintiff has sued HHPC, HHOC, and One Wall, which jointly
operate Heather Hill Apartments, where Ms. Hall has lived since
2017. She alleges that the Defendants failed to obtain the
necessary licensing to operate Heather Hill, and failed to
adequately maintain her apartment. She alleges this conduct
violated Maryland statutes and common law, and has sued on behalf
of a putative class.
The Defendants jointly operate Heather Hill Apartments.
A copy of the Court's memorandum opinion dated Feb. 3, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=i2FAoI
at no extra charge.[CC]
HUNTER WARFIELD: Wins Summary Judgment v. Blizzard
--------------------------------------------------
In the class action lawsuit captioned as ANDREW BLIZZARD, et al.,
v. HUNTER WARFIELD, INC., et al., Case No. 1:23-cv-03374-ABA (D.
Md.), the Hon. Judge Adam Abelson entered a memorandum granting the
Landlord Defendants' motion and enter judgment in their favor.
Because Plaintiffs have failed to show an actionable injury under
these facts, they cannot maintain their MCDCA and MCPA claims
against the Landlord Defendants.
The Plaintiffs have sued Defendants Thornhill Properties and Mt.
Vernon Mill, LLC for violations of the Maryland Declaratory
Judgment Act, the Maryland Consumer Debt Collection Act ("MCDCA"),
and the Maryland Consumer Protection Act ("MCPA"), alleging that
the Landlord Defendants improperly collected rent during a period
when they lacked the requisite license to do so.
The Landlord Defendants have moved for summary judgment. Because
the Plaintiffs have failed to show an actionable injury, the Court
will grant the motion and enter judgment in favor of the Landlord
Defendants.
It is true that, under Assanah-Carroll and the cases preceding it,
a lease is unenforceable in court during periods of time where the
landlord is unlicensed, but it is equally true that to maintain a
private cause of action under the MCDCA or MPCA, a tenant who paid
rent while the property was unlicensed must show an actionable
injury, which does include (per Assanah-Carroll) legally compelled
rent payments. Plaintiffs have not shown such an injury and
therefore cannot maintain their MCDCA or MCPA claims.
Because the Plaintiffs cannot maintain their other claims against
the Landlord Defendants for the conduct alleged, there are no
grounds to enter a declaratory judgment under Md. Code, Cts. & Jud.
Proc. section 3-409.
Hunter is a third-party debt collection agency specializing in
recovering delinquent accounts for property management, education,
and financial services.
A copy of the Court's memorandum opinion dated Feb. 3, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=nuKAgt
at no extra charge.[CC]
ICONIX BRAND GROUP: Dalton Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Iconix Brand Group, Inc. d/b/a Salt Life, Case No.
0:26-cv-01333 (D. Minn., Feb. 11, 2026), is brought arising because
Defendant's Website (www.saltlife.com) (the "Website" or
"Defendant's Website") is not fully and equally accessible to
people who are blind or who have low vision in violation of both
the general non-discriminatory mandate and the effective
communication and auxiliary aids and services requirements of the
Americans with Disabilities Act (the "ADA") and its implementing
regulations. In addition to her claim under the ADA, Plaintiff also
asserts a companion cause of action under the Minnesota Human
Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, the
Plaintiff found Defendant's Website has a number of digital
barriers that deny screen-reader users like Plaintiff full and
equal access to important Website content--content Defendant makes
available to its sighted Website users.
Still, the Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers apparel and accessories for sale including,
but not limited to, tops, tees, tanks, polos, hoodies, bottoms,
shorts, hats, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
INTEGRATED TECH: Fails to Pay Proper Wages, Lewis Alleges
---------------------------------------------------------
CYRIL LEWIS, individually and on behalf of all others similarly
situated, Plaintiff v. INTEGRATED TECH GROUP, LLC, Defendant, Case
No. 2:26-cv-00748 (E.D.N.Y., Feb. 10, 2026) seeks to recover from
the Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Lewis was employed by the Defendant as a technician.
Integrated Tech Group LLC was founded in 2013. The Company's line
of business includes the warehousing and storage of a general line
of goods. [BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 277
Hauppauge, NY 11788
Telephone: (631) 257-5588
Email: Promero@RomeroLawNY.com
INTERNATIONAL PAPER: Parties Seek to Amend Class Scheduling Order
-----------------------------------------------------------------
ROSE EPPERSON, V. INTERNATIONAL PAPER COMPANY, ET AL., Case No.
2:20-cv-00053-JDC-CBW (W.D. La.), the Parties ask the Court to
enter an order granting their joint motion to amend scheduling
order for class certification hearing and enter the proposed fourth
amended scheduling order for class certification hearing.
The Defendant BNSF has no objection to the attached proposed fourth
amended scheduling order for class certification hearing. The
amended scheduling order is sought in good faith and not intended
to cause improper delay.
This amended scheduling order will also not materially impede the
progress of this case or prejudice the parties.
The Defendant is an American pulp and paper company.
A copy of the Parties' motion dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KLecc6 at no extra
charge.[CC]
The Plaintiff is represented by:
Perry R. Sanders, Jr., Esq.
THE SANDERS LAW FIRM, LLC
400 Broad Street
Lake Charles, LA 70601
Telephone: (719) 630-1556
E-mail: perry@perrysanders.com
- and -
David L. Wallace, Esq.
518 North Pine Street
DeRidder, LA 70634
Telephone: (337) 462-0473
E-mail: wnblawoffice@bellsouth.net
- and -
Andrew K. Glenn, Esq.
Trevor J. Welch, Esq.
Jason Rotstein, Esq.
Nathan J. Ades, Esq.
GLENN AGRE BERGMAN & FUENTES LLP
1185 Avenue of the Americas,
22nd Floor New York, NY 10036
Telephone: (212) 970-1600
E-mail: aglenn@glennagre.com
twelch@glennagre.com
jrotstein@glennagre.com
nades@glennagre.com
The Defendants are represented by:
Joshua J. Metcalf, Esq.
T. Joel Fyke, Esq.
Taylor D. Waxley, Esq.
FORMAN WATKINS & KRUTZ LLP
210 East Capitol Street, Suite 2200
Jackson, MS 39201
Telephone: (601) 960-8600
Facsimile: (601) 960-8613
E-mail: LAEService@formanwatkins.com
- and -
Kyle L. Gideon, Esq.
Kevin M. Dills, Esq.
DAVIDSON, MEAUX, SONNIER, McELLIGOTT,
FONTENOT, GIDEON & EDWARDS, LLP
900 South College Road – Suite 100
Lafayette, LA 70503
Telephone: (337) 237-1600
Facsimile: (337) 237-3676
J.H. BAXTER: Agrees to Settle Eugene Pollution Suit for $200,000
----------------------------------------------------------------
Alan Torres, writing for the Register-Guard, reports that one of
two civil lawsuits against the J.H. Baxter wood treatment company
has settled for $200,000.
-- Both lawsuits were initially class-action but were
"decertified" because the company is no longer commercially
viable.
-- The former J.H. Baxter plant in Eugene, Oregon, is now an EPA
Superfund site due to hazardous substance contamination.
One of the two civil lawsuits filed against J.H. Baxter for
polluting a Eugene neighborhood has settled, and the other appears
to moving in that direction, according to recent court filings.
Federal Judge Ann Aiken closed the case Bell-Alanis et al v. J.H.
Baxter & Co. et al, on Feb. 13 after Baxter agreed to pay
$200,000.
Bell-Alanis was previously a class-action lawsuit covering everyone
who lived near the J.H. Baxter plant from June 11, 2019, to the
present. But on Jan. 29, Aiken ruled that given the two companies
that make up the J.H. Baxter brand "are no longer viable as
commercial entities" they would not be able to compensate all the
people impacted by the plant's pollution.
Aiken "decertified" the class, limiting liability to just the four
named plaintiffs in the lawsuit. They and their lawyers will share
Baxter's $200,000 payout.
The other civil lawsuit against Baxter, Hart et al v. J.H. Baxter &
Co., Inc. et al appears to moving in the same direction.
On Feb. 6, Federal Judge Mustafa Kasubhai decertified that class as
well, following the same logic as Aiken and leaving just two named
plaintiffs. In that case Kasubhai gave both sides until March 8 to
either negotiate a settlement or update him on how settlement
negotiations are going.
From 1943 until 2022, J.H. Baxter operated a wood treatment
facility in West Eugene's Bethel neighborhood. According to the
Oregon Department of Environmental Quality, decades of wood
treatment operations resulted in releases of hazardous substances
into the groundwater and soil and contaminated adjacent residential
areas with dioxins. Dioxins are persistent organic pollutants that
are linked to cancer and reproductive harm.
The location of the former J.H. Baxter plant is an EPA Superfund
site, which designates it as a place where "historic releases of
hazardous substances, pollutants or contaminants pose significant
threats to human health and the environment."
Georgia Baxter-Krause, president of J.H. Baxter, was sentenced to
90 days in prison and fined $500,000 after pleading guilty to
federal environmental crimes. Last year, Baxter-Krause pleaded
guilty to illegally disposing of hazardous wastewater by
evaporating it on the J.H. Baxter site 136 times in a 278-day
period in 2019.
The two companies that make up J.H. Baxter were also fined $1
million.
The government's lawyers described the financial penalty as low,
considering the crimes the company committed and the maximum fine
of $7 million available.
Prosecutors said they pursued a lower fine so there would be money
left over to be awarded in the two civil cases. [GN]
JOCKO FUEL: Fails to Disclose Lead Content in Products, Suit Says
-----------------------------------------------------------------
SEAN MCNATT, individually, and on behalf of others similarly
situated, Plaintiff vs. JOCKO FUEL, LLC, Defendant, Case No.
3:26-cv-00791-JO-JLB (S.D. Cal., February 9, 2026) arises from the
Defendant's misrepresentation of its Jocko Protein Powder Molk
Protein Blend in Chocolate Milkshake flavor in violation of the
California Consumer Legal Remedies Act.
According to the complaint, the Defendant violates California
consumer protection law in the labeling of its products by
representing that the products are a premium "CLEAN" protein powder
but failing to disclose that it contains a substantial amount of
lead.
The front label contains additional statements that reinforce the
"CLEAN Representation" and the notion that the products are a
premium source of protein, including that such: (i) are naturally
sweetened; (ii) contain minimal premium ingredients, consisting of
"1 WHEY, 2 CASEIN and 3 EGG"; and (iii) provide 22G PROTEIN, only
1G SUGAR and 120 CALORIES. The Representations are misleading based
on the lead contained in the products, which is not disclosed
anywhere on the product labels, says the suit.
Plaintiff McNatt is a citizen of California who purchased the
products during the Class period.
Jocko Fuel, LLC is a Maine limited liability company that produces
nutritional supplement products.[BN]
The Plaintiff is represented by:
Naomi Spector, Esq.
KAMBERLAW, LLP
3451 Via Montebello, Ste.192-212
Carlsbad, CA 92009
Telephone: (310) 400-1053
Facsimile: (212) 202-6364
E-mail: nspector@kamberlaw.com
KNIFE RIVER CORPORATION: Smith FLSA Suit Transferred to D. Wyoming
------------------------------------------------------------------
The case captioned as Michael Smith, individually and on behalf of
all others similarly situated v. Knife River Corporation, JTL Group
Inc., Case No. 1:25-cv-00237 was transferred from the U.S. District
Court for the District of North Dakota, to the U.S. District Court
for the District of Wyoming on Feb. 11, 2026.
The District Court Clerk assigned Case No. 2:26-cv-00054-ABJ to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Knife River Corporation -- https://www.kniferiver.com/ -- operates
as a holding company. The Company, through its subsidiaries,
provides construction materials and contracting services.[BN]
KRAUS USA PLUMBING: Dalton Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Kraus USA Plumbing LLC, Case No. 0:26-cv-01347-ECT-JFD
(D. Minn., Feb. 11, 2026), is brought arising because Defendant's
Website (www.kraususa.com) (the "Website" or "Defendant's Website")
is not fully and equally accessible to people who are blind or who
have low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, the
Plaintiff found Defendant's Website has a number of digital
barriers that deny screen-reader users like Plaintiff full and
equal access to important Website content--content Defendant makes
available to its sighted Website users.
Still, the Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers sinks, faucets and accessories for sale
including, but not limited to, kitchen and bathroom sinks, kitchen
and bathroom faucets, garbage disposals, water filtration systems,
accessories, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
KS LARGE BORE: Lesjack Sues Over Unpaid Overtime Compensation
-------------------------------------------------------------
Bobi Lesjack, on behalf of herself and all others similarly
situated v. KS LARGE BORE PISTONS, LLC, Case No. 1:26-cv-00234-BBC
(E.D. Wis., Feb. 12, 2026), is brought pursuant to the Fair Labor
Standards Act of 1938, as amended, ("FLSA"), and Wisconsin's Wage
Payment and Collection Laws ("WWPCL") for unpaid overtime
compensation, liquidated damages, costs, attorneys' fees,
declaratory and/or injunctive relief, and/or any such other relief
the Court may deem appropriate.
The Defendant operated an unlawful compensation system that
deprived and failed to compensate Plaintiff and all other current
and former hourly-paid, non-exempt employees for all hours worked
and work performed each workweek, including at an overtime rate of
pay for each hour worked in excess of 40 hours in a workweek, by
shaving time (via electronic timeclock rounding) from Plaintiff's
and all other hourly-paid, non-exempt employees' weekly timesheets
for pre-shift and post-shift hours worked and/or work performed, to
the detriment of said employees and to the benefit of Defendant, in
violation of the FLSA and WWPCL.
The Defendant's failure to compensate its hourly paid, non-exempt
employees for compensable work performed each workweek, including
but not limited to at an overtime rate of pay, was intentional,
willful, and violated federal law as set forth in the FLSA and
state law as set forth in the WWPCL, says the complaint.
The Plaintiff was hired by the Defendant into the position of
Machine Operator.
The Defendant is a manufacturer.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
L J ROSS: Johnson Files FDCPA Suit in M.D. Fla.
-----------------------------------------------
A class action has been filed against L J Ross Associates, Inc. The
case is styled as Staci Johnson, individually, and on behalf of all
those similarly situated v. L J Ross Associates, Inc., Case No.
8:26-cv-00181-TPB-LSG (M.D. Fla., January 22, 2026).
The suit is brought over Defendant's alleged violation of the Fair
Debt Collection Practices Act.
The case is assigned to Judge Thomas P. Barber and is referred to
Magistrate Judge Lindsay S. Griffin.
L J Ross Associates, Inc. provides financial services. The Company
offers debt collection and account receiveable management
services.[BN]
The Plaintiff is represented by:
Gerald D Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI, PLLC
1515 NE 26th St
Wilton Manors, FL 33305
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
LACOSTE USA INC: Dalton Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Lacoste USA, Inc., Case No. 0:26-cv-01351-JWB-EMB (D.
Minn., Feb. 11, 2026), is brought arising because Defendant's
Website (www.lacoste.com) (the "Website" or "Defendant's Website")
is not fully and equally accessible to people who are blind or who
have low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, the
Plaintiff found Defendant's Website has a number of digital
barriers that deny screen-reader users like Plaintiff full and
equal access to important Website content--content Defendant makes
available to its sighted Website users.
Still, the Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers designer sports apparel and accessories for
sale including, but not limited to, polos, sweaters, sweatshirts,
pants, swimwear, shoes, handbags, leather goods, accessories, and
more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
LOPER'S EQUIPMENT: Johnson and Johnson Sue Over Labor Law Breaches
------------------------------------------------------------------
THOMAS JOHNSON and WENDY JOHNSON, individually and on behalf of
those similarly situated, Plaintiffs v. BRIAN LOPER, KEITH LOPER,
AND LOPER'S EQUIPMENT CORPORATION, Defendants, Case No.
2:26-cv-00765 (E.D.N.Y., February 10, 2026), accuses the Defendants
of violating the Fair Labor Standards Act of 1938 and the New York
Labor Law.
Plaintiffs Thomas Johnson and Wendy Johnson were employed by
Defendants as store associates. The Plaintiffs and other similarly
situated store associates have not received compensation owed to
them when working more than 40 hours in a work week. In addition,
the Defendants failed to issue any wage statements to Plaintiffs
and all other store associates from 2019 until 2024, says the
suit.
Loper's Equipment Corporation is an equipment rental agency
headquartered in Patchogue, NY. [BN]
The Plaintiffs are represented by:
Christopher Marlborough, Esq.
THE MARLBOROUGH LAW FIRM, P.C
375 Sunrise Highway, Suite 3
Lynbrook, NY 11563
Telephone: (212) 991-8960
E-mail: chris@marlboroughlawfirm.com
- and -
P. Bruce McBrien, Esq.
MCBRIEN LAW PC
140 Fell Ct.
Hauppauge, NY 11788
Telephone: (631) 406-9799
E-mail: bmcbrien@mcbrienlaw.com
LOS ANGELES, CA: Filing for Class Cert Bid Due July 13
------------------------------------------------------
In the class action lawsuit captioned as EDWARD MORALES, et al., v.
CITY OF LOS ANGELES, et al., Case No. 2:24-cv-06010-FLA-SK (C.D.
Cal.), the Hon. Judge Fernando Aenlle-Rocha entered an order
approving the stipulation to continue the class certification
deadline and related deadlines.
The following dates and deadlines are continued as follows:
1. Last date to hear motion for class certification: July 13,
2026;
2. Fact discovery cut-off: Jan. 27, 2027;
3. Expert disclosure deadline (initial): Feb. 4, 2027;
4. Expert disclosure deadline (rebuttal): Feb. 18, 2027; and
5. Expert discovery cut-off: March 1, 2027.
Los Angeles is the commercial, financial, and cultural center of
Southern California.
A copy of the Court's order dated Feb.2, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HQbc2U at no extra
charge.[CC]
LPC SURVIVAL: Filing for Class Certification Bid Due June 9
-----------------------------------------------------------
In the class action lawsuit captioned as NATHAN GAINES,
individually and on behalf of all those similarly situated, v. LPC
SURVIVAL, LTD D/B/A US BERKEY FILTERS, Case No. 2:25-cv-09291-JFW-E
(C.D. Cal.), the Hon. Judge John Walter entered an order on ex
parte application to continue class certification deadline:
1. The Plaintiff's ex parte application for order to continue
class certification deadline is granted.
2. The Plaintiff's motion for class certification and expert
disclosures relevant to class certification shall be filed on
or before June 9, 2026.
3. The Defendant's opposition to the Plaintiff's motion for
class certification and expert disclosures relevant to class
certification shall be filed on or before July 7, 2026.
4. The Plaintiff's reply in support of their motion for class
certification shall be filed on or before July 21, 2026.
5. The hearing on the Plaintiff's motion for class certification
shall be set for August 3, 2026, at 1:30 p.m.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=34sqKO at no extra
charge.[CC]
LUDIVINE MADISON: Moran Seeks Equal Website Access for the Blind
----------------------------------------------------------------
WASHINGTON BENAVIDES MORAN, on behalf of himself and all other
persons similarly situated, Plaintiff v. LUDIVINE MADISON AVENUE,
LLC, Defendant, Case No. 1:26-cv-01104 (S.D.N.Y., February 9, 2026)
is a civil rights action against the Defendant for its failure to
design, construct, maintain, and operate its interactive website,
https://boutiqueludivine.com to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
City Human Rights Law, and the New York State General Business
Law.
During Plaintiff's visits to the website, the last occurring on
February 2, 2026, in an attempt to purchase Distressed 10-Hole Kurt
Sneaker from Defendant and to view the information on the website,
the Plaintiff encountered multiple access barriers that denied him
a shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public. He was unable to locate pricing
and was not able to add the item to the cart due to broken links,
pictures without alternate attributes and other barriers on
Defendant's website, the suit says.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Ludivine Madison Avenue, LLC operates the website that retails
clothing, footwear, and accessories.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
MICROMOBILITY.COM INC: Barron Seeks More Time to File Reply
-----------------------------------------------------------
In the class action lawsuit captioned as Barron et al., v.
micromobility.com Inc. et al., Case No. 1:20-cv-04703-PKC
(S.D.N.Y.), the Plaintiffs ask the Court to enter an order granting
motion for extension of Plaintiffs' deadline to file Reply to the
Micromobility Defendants' Response to Class Certification.
The Plaintiffs write to request an extension of the schedule for
their filing of their reply, contingent upon the Court's ruling on
the Plaintiffs' motion to strike the Micromobility Defendants'
untimely disclosed expert opinions.
The Plaintiffs request a two-week extension in the event the motion
to strike is granted or a six-week extension (and a parallel
extension of the cutoff for expert discovery) in the event the
Motion to Strike is denied.
The Plaintiffs are diligently preparing their replies to the
Defendants' responses to class certification and will file their
reply to the Defendant Skrill's response at the original deadline.
However, until the Court decides whether the Micromobility
Defendants' experts opinions will be considered at the class
certification stage, the Plaintiffs are unable to prepare their
reply to the Micromobility Defendants' response, which draws
frequently on the untimely expert reports. The Plaintiffs cannot
prepare a reply until they know what is fair game and what has been
excluded.
Additionally, the Plaintiffs' lead counsel, Mike Kanovitz, is
currently in the middle of an ~8 week trial in the District of
South Carolina, which is expected to extend to the end of February.
Accordingly, in the event that the Defendants' experts are not
excluded and Plaintiffs need to depose them, a month-and-a-half
long extension is fair and reasonable.
Micromobility.com provides dockless intra urban transportation
solutions.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=r7nHU8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael Kanovitz, Esq.
Heather Lewis Donnell, Esq.
Anand Swaminathan, Esq.
Isaac Green, Esq.
Jon Loevy, Esq.
Julia Rickert, Esq.
Heather Lewis Donnell, Esq.
Anand Swaminathan, Esq.
Jacob Costello, Esq.
LOEVY & LOEVY
311 N. Aberdeen St., 3rd Floor
Chicago, IL 60607
Telephone: (312) 243-5900
E-mail: green@loevy.com
MID AMERICA: Class Settlement in Fillardi Suit Gets Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as JAMES FILARDI, COURTNEY
ANDERSEN, LISA BURMEISTER, KENNETH LEONARD, DOROTHY PETERSEN,
STEPHANIE RANEY, IRENE NUNEZ, CONRADO MOREIRA, KIARA REED, NACOLE
HOUSTON, MONIKA BENNETT, JASON JARRELL, ALISON BARNHILL, KIMBERLEE
FERRIS, JEFFREY GOULD, MELISSA SWARINGEN-ORTON, MICHELLE RUBIANO,
and COLEMAN STEPHENS on behalf of themselves and all others
similarly situated, v. MID AMERICA PET FOOD LLC, Case No.
7:23-cv-11170-NSR (S.D.N.Y.), the Hon. Judge Roman entered an order
granting motion for final approval of class action settlement.
Pursuant to Federal Rule of Civil Procedure 23, the Court
determines that the following Settlement Class be certified:
"All persons and entities residing in the United States who
purchased one or more of the Mid America Pet Food Products.
Specifically excluded are the following:
(a) persons or entities whose claims are solely based upon
the purchase of Mid America Pet Food Products for resale;
(b) corporate officers, members of the board of directors,
and senior management of Defendant; (iii) persons or entities
who otherwise meet the definition of Settlement Class
Members, but who previously contacted the Defendant prior to
and during the pendency of this litigation, signed a release
and in exchange received financial compensation from the
Defendant; (d) any and all judges and justices assigned to
hear or adjudicate any aspect of this action; (v) any members
of the Settlement Class that opt out prior to the opt out
deadline; (f) any entity in which the Defendant has a
controlling interest, and their legal representatives,
officers, directors, assigns and successors; and (g) Class
Counsel.
The proposed Settlement creates a $5,500,000 Settlement Fund from
which Settlement Class Members may submit Pet Injury Claims and/or
Food Purchase Claims.
Mid America markets and manufactures premium branded pet food.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tREHLY at no extra
charge.[CC]
MR. COOPER: Cabezas Seeks to Modify Class Cert Scheduling Order
---------------------------------------------------------------
In the class action lawsuit captioned as JENNIFER CABEZAS et al.,
individually and on behalf of others similarly situated, v. MR.
COOPER GROUP, INC., and NATIONSTAR MORTGAGE LLC d/b/a MR. COOPER,
Case No. 3:23-cv-02453-N (N.D. Tex.), the Plaintiffs ask the Court
to enter an order extending all deadlines in the class
certification scheduling order as previously modified by the Court
by 30 days.
Accordingly, the parties propose amending the Class Certification
Scheduling Order as follows:
Event New Deadline
Deadline for the Plaintiffs to serve April 1, 2026
motion for class certification on the
Defendants (and any expert reports in
support thereof):
Class certification discovery closes: Aug. 5, 2026
Deadline for the Defendants to serve Aug. 20, 2026
opposition to motion for class certification
on the Plaintiffs (and any expert reports
in support thereof):
Deadline for the Plaintiffs to serve reply Sept. 21, 2026
in support of class certification (and
any rebuttal experts in support thereof):
Class certification submission date: Oct. 5, 2026
Due to unforeseen circumstances beyond Defendants' control, the
deposition of one of Defendants’ witnesses produced in response
to Plaintiffs’ Rule 30(b)(6) deposition notice was delayed by
twenty-eight days. This witness was designated to testify on 16
topics.
Good cause exists to amend the Class Certification Scheduling Order
to facilitate administration of the case and conserve the Court's
and the parties' resources, given the unforeseen and unavoidable
delays in discovery. Amending the case schedule is in the interests
of justice and efficiency. Moreover, the requested extension
retains the cadence of the existing Class Certification Scheduling
Order and will not prejudice any party.
Mr. Cooper is a U.S. mortgage servicer.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xo3xa8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek, Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (877) 744-3728
E-mail: jkendall@kendalllawgroup.com
- and -
Bruce W. Steckler, Esq.
STECKLER WAYNE & LOVE, PLLC
12720 Hillcrest Suite 1045
Dallas, TX 75230
Telephone: (972) 387-4040
E-mail: bruce@swclaw.com
- and -
Norman E. Siegel, Esq.
J. Austin Moore, Esq.
Tanner J. Edwards, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
E-mail: siegel@stuevesiegel.com
moore@stuevesiegel.com
tanner@stuevesiegel.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: 866-252-0878
E-mail: gklinger@milberg.com
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION
201 N. Franklin St., 7th Floor
Tampa, FL 33602
Telephone: (813) 275-5272
E-mail: jyanchunis@forthepeople.com
MTL FOODS: Elliott Sues to Recover Unpaid Minimum, Overtime Wages
-----------------------------------------------------------------
Brayden Elliott, individually and on behalf of similarly situated
persons v. MTL FOODS, LLC, Case No. 3:26-cv-00367-B (N.D. Tex.,
Feb. 12, 2026), is brought under the Fair Labor Standards Act
("FLSA"), to recover unpaid minimum wages and overtime hours owed
to themself and similarly situated delivery drivers employed by
Defendant at their pizza delivery stores.
The Defendant employs delivery drivers who use their own
automobiles to deliver pizza and other food items to their
customers. However, instead of reimbursing delivery drivers for the
reasonably approximate costs of the business use of their vehicles,
Defendant uses a flawed method to determine reimbursement rates
that provides such an unreasonably low rate beneath any reasonable
approximation of the expenses they incur that the drivers'
unreimbursed expenses cause their wages to fall below the federal
minimum wage during some or all workweeks (nominal wages –
unreimbursed vehicle costs = subminimum net wages).
The Defendant's systematic failure to adequately reimburse
automobile expenses constitutes a "kickback" to Defendant such that
the hourly wages they pay to Plaintiff and Defendant's other
delivery drivers are not paid free and clear of all outstanding
obligations to Defendant. The Defendant fails to reasonably
approximate the amount of their drivers' automobile expenses to
such an extent that their drivers' net wages are diminished beneath
the federal minimum wage requirements. In sum, Defendant's
reimbursement policy and methodology fail to reflect the realities
of delivery drivers' automobile expenses, says the complaint.
The Plaintiff and "Class Members" are Defendant's current and
former delivery drivers.
The Defendant owns and operates several Pizza Hut franchise
stores.[BN]
The Plaintiff is represented by:
Colby Qualls, Esq.
FORESTER HAYNIE PLLC
10800 Financial Centre Pkwy, Suite 510
Little Rock, AR 72211
Phone: (214) 210-2100
Fax: (469) 399-1070
Email: cqualls@foresterhaynie.com
- and -
Matthew R. McCarley, Esq.
FORESTER HAYNIE PLLC
11300 N Central Expy, Suite 550
Dallas, TX 75243
Phone: (214) 210-2100
Fax: (469) 399-1070
Email: mccarley@foresterhaynie.com
NARDINI INTERNATIONAL: Pardo Sues Over Discriminative Property
--------------------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other
similarly situated mobility-impaired individuals v. NIDAL
INVESTMENTS INC. and DELICIAS & COFFEE EXPRESS LLC D/B/A LA
SORPRESA RESTAURANTE LATIN FOOD, Case No. 1:26-cv-20921-XXXX (S.D.
Fla., Feb. 11, 2026), is brought for injunctive relief, attorneys'
fees, litigation expenses, and costs pursuant to the Americans with
Disabilities Act ("ADA") as a result of the Defendant's
discrimination against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
Commercial Property and business located therein, as prohibited by
the ADA.
Although over 33 years have passed since the effective date of
Title III of the ADA, Defendant has yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead-time and the extensive publicity the ADA has received since
1990, Defendant has continued to discriminate against people who is
disabled in ways that block them from access and use of Defendant's
property and the businesses therein.
The Plaintiff found the commercial property and commercial
restaurant business located within the commercial property to be
rife with ADA violations. The Plaintiff has encountered
architectural barriers that are in violation of the ADA at the
subject places of public accommodation. The barriers to access at
Defendants' commercial property and restaurant business have each
denied or diminished the Plaintiff's ability to visit these places
of public accommodation and have endangered his safety in violation
of the ADA.
The Defendants have discriminated against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the commercial property and restaurant business
within the commercial property, as prohibited by the ADA, says the
complaint.
The Plaintiff uses a wheelchair to ambulate.
NIDAL INVESTMENTS INC., owns, operates and/or oversees the
commercial property, to include its general parking lot and parking
spots specific to the restaurant business operating within the
commercial property and all other common areas open to the public
located within the commercial property.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
NEW ERA CAP: Dalton Seeks Equal Website Access for the Blind
------------------------------------------------------------
JULIE DALTON, individually and on behalf of all others similarly
situated, Plaintiff v. NEW ERA CAP, LLC, Defendant, Case No.
0:26-cv-01291 (D. Minn., Feb. 10, 2026) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.neweracap.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
NEW Era Cap, LLC retails apparels. The Company offers adjustable
and stretch fit caps, bottoms, hoodies, jackets, tees, tops, cap
carriers, cap brushes, and re-cap kits. [BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
NEWREST HOLDING: Court OKs $2.1MM Settlement in Migrant Worker Suit
-------------------------------------------------------------------
Jim Wilson, writing for HCAMag, reports that the Superior Court of
Quebec has approved a $2.1‑million settlement in a class action
over an alleged fraudulent migrant‑worker recruitment scheme,
ordering compensation for hundreds of workers and imposing ongoing
compliance obligations on the companies involved.
In a judgment, Justice Catherine Piche approved the settlement and
class counsel's fees, ending the proceeding. She described the case
as "an unusual class action brought on behalf of migrant workers
who were victims of a system that allegedly induced them to work
under the false promise of obtaining valid work permits in
Canada."
"For the following reasons, the application for approval is
granted. The settlement agreement is fair, reasonable, and in the
best interests of the class members. It, along with the fees
requested by the class counsel, is approved," she wrote.
The Immigrant Workers Centre (ITWC) brought the class action after
it learned in the summer of 2023 of a system "set up and operated
by the Defendants, through which hundreds of migrant and immigrant
people were induced to work under the false promise of obtaining a
valid work permit in Canada."
On Oct. 3, 2023, the applicant filed an application for
authorisation to institute a class action against several Newrest
entities, Tresor‑related staffing and immigration companies,
numbered companies and an immigration firm. The claim sought
compensatory and punitive damages under Quebec's Charter of Human
Rights and Freedoms and the Civil Code of Quebec for workers
allegedly induced to work without valid permits, including in
Newrest's Montreal production units.
The court later authorised the class action for settlement purposes
only. The class covers "any person who has worked since Oct. 3,
2020, regardless of the duration, but without holding a valid work
permit, including in Newrest's production units located in
Montreal" after being placed or paid by one of the specified
entities and, in the event of death, their heirs.
Settlement structure and compensation
The defendants agreed to pay a global settlement amount of $2.3
million, including a sum already committed as a remedial measure,
"in consideration for a global settlement of the class action."
After the parties received 11 exclusions, they applied the
settlement's adjustment clause and reduced the amount to $2.1
million.
The court noted that the final amount each person receives will
depend on the number of eligible claims and the distribution
formula.
Plaintiff's counsel estimate the group includes roughly 300 to 400
people and project that members "could receive, on average,
compensation ranging from $4,000 to $6,000 each," subject to the
claims process and the approved Distribution Plan.
Newrest had already paid $500,000 into class counsel's trust
account on 24 October 2023 to fund an "Urgent Campaign to
Regularize the Immigration Status of Group Members." The court
recognised this as a remedial measure under article 595 of the Code
of Civil Procedure and treated it as part of the overall settlement
amount.
"In summary, the Agreement provides direct financial compensation
to the members and is fair and reasonable. This criterion, which is
the most important, favours the approval of the transaction,"
Justice Piche wrote.
The parties drafted the discharge so that it preserves
wage‑recovery claims. The Agreement expressly excludes "claims of
a monetary nature for the recovery of unpaid wages," so more than
80 wage claims before the Commission des normes, de l'equite, de la
sante et de la securite du travail (CNESST) remain active and fall
outside the settlement.
Regularisation campaign and policy impact
The court placed the Regularization Campaign at the centre of its
analysis and treated it as a collective remedial measure that
directly addressed the alleged harm.
Starting in September 2023, ITWC and its lawyers negotiated with
Immigration, Refugees and Citizenship Canada (IRCC) "to put in
place an exceptional process for the accelerated and simplified
processing of applications for temporary resident permits and open
work permits for Group Members."
During the campaign, several hundred group members met with
lawyers, obtained legal information about their status and received
assistance to file applications under the negotiated process. Of
those who participated, 175 people applied, including 159 group
members and 16 spouses or children.
By the time the parties signed the Agreement, IRCC had accepted 164
applications: 150 from group members and 14 from family members.
The judgment records that "most importantly, no application was
rejected on its merits," and notes that remaining applications
ended for technical reasons such as a pending asylum claim or
voluntary departure.
Justice Piche called the initiative "unprecedented." She wrote that
"the Campaign led by the Applicant and his lawyers is unprecedented
and has undoubtedly made a significant contribution to the
advancement of the rights of migrant workers in Canada," and
concluded that "the Regularisation Campaign was an extremely
beneficial and salutary measure for Members, initiated and carried
out for their fullest benefit."
The court found that many members "were unaware of their rights in
Quebec and Canada," spoke mainly Spanish and had limited financial
means. It held that "the free legal assistance they received in
this context would have been inaccessible to them without the
involvement of the Plaintiff and his lawyers, and without the class
action."
According to the reasons, the campaign also influenced federal
policy. The court stated that it "brought a serious problem to
IRCC's attention and led to a major change in government policy,"
citing IRCC's August 2024 decision to abolish a temporary
COVID‑era policy that had allowed visitors to apply for work
permits from within Canada, after the department said it was "aware
that some malicious actors were using the policy to deceive foreign
nationals into working in Canada without authorization."
In 2025, Amnesty International released a report detailing how the
country has implemented rules that lead to harsh working conditions
for migrant workers. That came after, in an August 2024 report,
Tomoya Obokata, United Nations special rapporteur on contemporary
forms of slavery, noted that the TFW Program "serves as a breeding
ground for contemporary forms of slavery, as it institutionalizes
asymmetries of power that favour employers and prevent workers from
exercising their rights".
Compliance obligations and court oversight
The Settlement Agreement also creates ongoing compliance
obligations for Newrest and the other defendants.
Clause 7.1 requires Newrest to ensure "that all immigrant and
migrant workers employed in its Montreal production units hold a
valid work permit and benefit from the same working conditions as
non‑immigrant workers performing the same duties."
Clause 7.2 requires the other defendants to guarantee that any
immigrant worker they refer, directly or indirectly, to a workplace
in Quebec possesses a valid work permit. Clauses 7.3 and 7.4 state
that an independent audit firm conducted an internal investigation
and that the company imposed disciplinary measures on some
employees.
"These provisions of the Agreement aim not only to guarantee a form
of fairness in working conditions, but also to prevent a situation
similar to the present one from recurring in the future," Justice
Piche wrote.
The court approved a Distribution Plan that it described as
"simple, fast and efficient." The plan sets a 120‑day claims
period, requires only basic supporting evidence and instructs the
administrator to assist claimants. In its formal order, the
Superior Court states that "Members have a high expectation of
privacy regarding information provided to Proactio Services Inc. in
the claims process and that all information provided to Proactio
that could, directly or indirectly, identify Members must be kept
confidential."
The court approved class counsel's fees at 20% of the
$2.1‑million settlement, or $420,000 plus taxes. "The fees are
fair and reasonable and are approved," Justice Piche wrote,
pointing to the high risk the lawyers accepted, the complexity of
the file and at least one thousand hours of work.
Recently, the Quebec government moved ahead with a new skilled
worker selection regime that will replace the popular Quebec
Experience Program (Programme de l'experience quebecoise, PEQ) and
change how many international students and temporary foreign
workers can settle permanently in the province. [GN]
NIKE INC: Cahill Seeka Leave to File Renewed Class Cert. Bid
------------------------------------------------------------
In the class action lawsuit captioned as KELLY CAHILL, et al.,
individually and on behalf of others similarly situated, v. NIKE,
INC., an Oregon Corporation, Case No. 3:18-cv-01477-AB (D. Or.),
the Plaintiffs ask the Court to enter an order granting their
motion for leave to file a renewed motion for class certification.
The new evidence addresses what the Court and the Ninth Circuit
found were necessary or "crucial" parts of the evidence in support
of class certification. Certification was denied for the disparate
impact claim because the evidence was "insufficient" to prove that
Nike "required" the use of prior pay, but Nike finally produced
evidence demonstrating Nike did require its use.
Because Nike withheld this evidence, the Plaintiff was prejudiced.
It was not available for the initial motion for class
certification, for key depositions, or for otherwise incorporating
into litigation strategy.
If Plaintiff is not permitted to file a renewed class certification
motion, then Nike's suppression of discovery means it avoids a
decision on the merits as to the class for its alleged pattern of
discrimination against women and discriminatory prior pay practice.
No party should be so rewarded, especially at the expense of women
who have long been treated worse by Nike because they are women.
Nike is an American athletic footwear and apparel corporation.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=l1tCMV at no extra
charge.[CC]
The Plaintiffs are represented by:
Laura Salerno Owens, Esq.
David B. Markowitz, Esq.
Harry B. Wilson, Esq.
Kathryn P. Roberts, Esq.
Kelsie G. Crippen, Esq.
MARKOWITZ HERBOLD PC
1455 SW Broadway, Suite 1900
Portland, OR 97201
Telephone: (503) 295-3085
Facsimile: (503) 323-9105
E-mail: LauraSalerno@MarkowitzHerbold.com
DavidMarkowitz@MarkowitzHerbold.com
HarryWilson@MarkowitzHerbold.com
KathrynRoberts@MarkowitzHerbold.com
KelsieCrippen@MarkowitzHerbold.com
- and -
Laura L. Ho, Esq.
James Kan, Esq.
Katharine L. Fisher
DARDARIAN HO KAN & LEE
155 Grand Avenue, Suite 900
Oakland, CA 94612
Telephone: (510) 763-9800
Facsimile: (510) 835-1417
E-mail: lho@dhkl.law
jkan@dhkl.law
kfisher@dhkl.law
- and -
Byron Goldstein, Esq.
Barry Goldstein, Esq.
GOLDSTEIN BROWNE, PC
1111 Broadway 3rd Floor, Office 04-117
Oakland, CA 94607
Telephone: (510) 584-9020
E-mail: byron@goldsteinbrowne.com
barry@goldsteinbrowne.com
- and -
Craig Ackerman, Esq.
Brian Denlinger, Esq.
Erika Smolyar, Esq.
ACKERMANN & TILAJEF PC
315 S Beverly Drive, Suite 504
Beverly Hills, CA 90212
Telephone: (310) 277-0614
Facsimile: (310) 277-0635
E-mail: cja@ackermanntilajef.com
bd@ackermanntilajef.com
es@ackermanntilajef.com
NIRVANA ENTERPRISES: Faces Mason Suit Over FLSA Breach
------------------------------------------------------
Vanessa Mason, Colin Eastman, Carmella York, and all others
similarly situated, Plaintiffs v. Nirvana Enterprises, AZ, LLC,
d/b/a/ Nirvana Cannabis, Nirvana Centers MI, LLC, d/b/a/ Nirvana
Cannabis, Nirvana Center Illinois, LLC, d/b/a/ Nirvana Cannabis,
and Sheraz Warraich, Defendants, Case No. 2:26-cv-00446-KML (D.
Ariz., January 22, 2026) is a collective action brought by the
Plaintiffs against the Defendants for unlawful labor practices in
violation of the Fair Labor Standards Act and Arizona common law.
As a result of the failure to pay wages in accordance with the
FLSA, the Plaintiffs, as well as those similarly situated to
Plaintiffs, have suffered monetary damages by failing to receive
their lawfully owed tips during their tenure of employment with
Defendants, says the suit.
The complaint adds that the Defendants have violated the provisions
of the FLSA, resulting in damages to Plaintiffs and those similarly
situated to Plaintiffs, in the form of wrongfully withheld tips,
incurred and incurring costs, and reasonable attorneys' fees.
The Plaintiffs were employed by the Defendants as budtenders in
Defendants' retail dispensaries in various states, including but
not limited to Arizona, Michigan, and Illinois.
Nirvana Cannabis is a medical and recreational cannabis company
that owns and operates cannabis dispensaries in five states:
Arizona, Michigan, Maryland, Illinois, and Ohio.[BN]
The Plaintiffs are represented by:
Daniel L. Bonnett, Esq.
MARTIN & BONNETT, P.L.L.C.
4647 N 32nd Street, Suite 185
Phoenix, AZ 85018
Telephone: (602) 240-6900
E-mail: dbonnett@martinbonnett.com
- and -
Gregory K. McGillivary, Esq.
Molly A. Elkin, Esq.
Sarah M. Block, Esq.
Rachel B. Lerner, Esq.
MCGILLIVARY STEELE ELKIN LLP
1101 Vermont Avenue NW, Suite 1000
Washington, DC 20005
Telephone: (202) 833-8855
E-mail: gkm@mselaborlaw.com
mae@mselaborlaw.com
smb@mselaborlaw.com
rbl@mselaborlaw.com
NOVO NORDISK: Levi & Korsinsky Named Lead Counsel in "Barta"
------------------------------------------------------------
In the case captioned as Eric Barta, individually and on behalf of
all others similarly situated, Plaintiff, v. Novo Nordisk A/S,
Maziar Mike Doustdar, Lars Fruergaard Jorgensen, Karsten Munk
Knudsen, and David S. Moore, Defendants, Civil No. 25-14045
(ZNQ)(JBD) (D.N.J.), Magistrate Judge J. Brendan Day of the United
States District Court for the District of New Jersey granted Ahmed
Hashim's motion to be appointed lead plaintiff and appointed Levi &
Korsinsky, LLP as lead counsel in this putative securities class
action. The court simultaneously denied competing motions filed by
IAM Motor City Pension Fund and Roman Ivanov.
On August 1, 2025, Plaintiff Eric Barta brought a putative
securities class action on behalf of all investors who purchased or
otherwise acquired Novo Nordisk A/S common stock between May 7,
2025 and July 28, 2025. The complaint alleged that defendant made
materially false and misleading statements concerning Novo's
expected sales and revenue growth for the 2025 fiscal year,
including statements concerning Novo's ability to grow GLP-1 sales
and the overall potential of the GLP-1 market. According to the
complaint, defendant concealed material adverse facts that caused
investors to purchase Novo stock at artificially inflated prices.
As a result, investors suffered losses after Novo's stock price
fell from $69.00 per share to $53.94 on July 29, 2025, once these
adverse facts were publicly disclosed.
Following the filing of the complaint, three members of the
putative class -- IAM Motor City Pension Fund, Ahmed Hashim, and
Roman Ivanov -- filed competing motions to be appointed as lead
plaintiff and to have their selected counsel approved as lead
counsel.
The court's analysis began with identifying the movant with the
largest financial interest in the relief sought by the class.
During the class period, the Fund acquired 3,619 shares of Novo
stock at a total cost of $248,777.25 and asserted a loss of
$52,317. Ivanov purchased 10,000 shares at a total cost of
$687,395.00 and asserted a realized loss of $140,786 after selling
all shares at an average price of $54.43. Hashim purchased 25,000
shares at a total cost of $1,683,253.61 and asserted damages of
$326,114.72, calculated as the difference between the total cost of
those shares and the average trading price during the 90-day period
following the alleged corrective disclosure.
The court determined that Hashim had the largest financial interest
in the suit. He purchased the most shares during the class period,
expended the most money, and suffered the most economic harm as
calculated under the Private Securities Litigation Reform Act of
1995.
The court then assessed whether Hashim satisfied Federal Rule of
Civil Procedure 23's typicality and adequacy requirements. The
court found that Hashim made a prima facie showing of typicality,
as his claims were based on the same legal theory and arose from
the same events and course of conduct as the claims of the putative
class.
Like other members of the putative class, he asserted that he
acquired shares of Novo stock at artificially inflated prices
during the class period and suffered damages because of defendant's
false and misleading statements.
On adequacy, Hashim filed a certification expressing his capability
to serve as lead plaintiff and his understanding of and willingness
to accept the responsibilities of that role. The court found no
information giving cause for concern that Hashim had interests
antagonistic or uncommon to the class. Having suffered the greatest
financial loss, Hashim had a strong incentive to prosecute the
action vigorously.
The court noted that Hashim's motion to serve as lead plaintiff was
unopposed. Because no member of the putative class challenged his
appointment, the presumption of his adequacy stood. The court
therefore appointed Hashim as lead plaintiff.
The court approved Hashim's selection of Levi & Korsinsky, LLP as
lead counsel. The firm had extensive experience in securities class
action litigation, and Hashim signed a retainer agreement after
being satisfied that its attorneys would adequately serve as lead
counsel. The court found no information suggesting that Hashim's
selection of the firm was anything other than the result of a good
faith selection and negotiation process arrived at via meaningful
arms-length bargaining. The court noted it had previously appointed
the firm to represent lead plaintiffs in similar circumstances.
Accordingly, the court ordered that Hashim's motion to appoint lead
plaintiff was granted, and the Fund's and Ivanov's motions were
denied. The court further ordered that Hashim was appointed lead
plaintiff and Levi & Korsinsky, LLP was appointed lead class
counsel to represent all putative classes and sub-classes pending
and through a decision on class certification. Lead plaintiff was
permitted to file an amended complaint within 45 days of the
order.
A Copy of the Court's decision is available at
https://urlcurt.com/u?l=Mo54hl from PacerMonitor.com
Defendant
MAZIAR MIKE DOUSTDAR
Represented By:
Andrew G. Gordon
Counsel Not Admitted To USDC – NJ Bar
212-373-3543
agordon@paulweiss.com
Audra Jan Soloway
Paul Weiss Rifkind Wharton & Garrison LLP
212-373-3289
asoloway@paulweiss.com
Daniel S. Sinnreich
Counsel Not Admitted To USDC – NJ Bar
212-373-2540
dsinnreich@paulweiss.com
Samuel Isaac Portnoy
Fbt Gibbons LLP
973-596-4909
sportnoy@fbtgibbons.com
Defendant
Lars Fruergaard Jorgensen
Represented By:
Andrew G. Gordon
Counsel Not Admitted To USDC – NJ Bar
212-373-3543
agordon@paulweiss.com
Audra Jan Soloway
Paul Weiss Rifkind Wharton & Garrison LLP
212-373-3289
asoloway@paulweiss.com
Daniel S. Sinnreich
Counsel Not Admitted To USDC – NJ Bar
212-373-2540
dsinnreich@paulweiss.com
Defendant
Karsten Munk Knudsen
Represented By:
Andrew G. Gordon
Counsel Not Admitted To USDC – NJ Bar
212-373-3543
agordon@paulweiss.com
Audra Jan Soloway
Paul Weiss Rifkind Wharton & Garrison LLP
212-373-3289
asoloway@paulweiss.com
Daniel S. Sinnreich
Counsel Not Admitted To USDC – NJ Bar
212-373-2540
dsinnreich@paulweiss.com
Defendant
David S. Moore
Represented By:
Andrew G. Gordon
Counsel Not Admitted To USDC – NJ Bar
212-373-3543
agordon@paulweiss.com
Audra Jan Soloway
Paul Weiss Rifkind Wharton & Garrison LLP
212-373-3289
asoloway@paulweiss.com
Daniel S. Sinnreich
Counsel Not Admitted To USDC – NJ Bar
212-373-2540
dsinnreich@paulweiss.com
Defendant
NOVO NORDISK A/S
Represented By:
Andrew G. Gordon
Counsel Not Admitted To USDC – NJ Bar
212-373-3543
agordon@paulweiss.com
Audra Jan Soloway
Paul Weiss Rifkind Wharton & Garrison LLP
212-373-3289
asoloway@paulweiss.com
Daniel S. Sinnreich
Counsel Not Admitted To USDC – NJ Bar
212-373-2540
dsinnreich@paulweiss.com
Movant
Ahmed Hashim
Represented By:
Shannon L. Hopkins
Counsel Not Admitted To USDC – NJ Bar
203-992-4523
shopkins@zlk.com
Gregory M. Potrepka
Counsel Not Admitted To USDC – NJ Bar
203-992-4523
gpotrepka@zlk.com
Adam M. Apton
Levi & Korsinsky LLP
212-363-7500
aapton@zlk.com
Movant
IAM Motor City Pension Fund
Represented By:
Esther Eva Berezofsky
Motley Rice New Jersey, LLC
856-667-0500
eberezofsky@motleyrice.com
Movant
Roman Ivanov
Represented By:
Thomas Henry Przybylowski
Pomerantz LLP
212-661-1100
tprzybylowski@pomlaw.com
Movant
Jessica Wulff
Movant
Virginia Wulff
Represented By:
Laurence M. Rosen
The Rosen Law Firm, P.A.
973-313-1887
lrosen@rosenlegal.com
Plaintiff
Eric Barta
Represented By:
Adam M. Apton
Levi & Korsinsky LLP
212-363-7500
aapton@zlk.com
OLAY INC: Dasilvio Files TCPA Suit in S.D. Ohio
-----------------------------------------------
A class action lawsuit has been filed against Olay Inc. The case is
styled as Aysha Dasilvio, individually and on behalf of all others
similarly situated v. Olay Inc., Case No. 1:26-cv-00156-MRB (S.D.
Ohio, Feb. 12, 2026).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Olay -- https://www.olay.com/ -- is an American skin care brand
owned by Procter & Gamble.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE P.A.
14 N.E. 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
OMAHASTEAKS.COM LLC: Faces Nelson Suit Over Alleged TCPA Violations
-------------------------------------------------------------------
JUSTIN NELSON on behalf of himself and others similarly situated,
Plaintiff v. OMAHASTEAKS.COM, LLC, Defendant, Case No.
2:26-cv-10481-MFL-KGA (E.D. Mich., February 11, 2026) arises under
the Telephone Consumer Protection Act.
According to the complaint, the Defendant allegedly delivered, or
caused to be delivered, the subject text messages to Plaintiff's
residential or cellular telephone number 31 or more days after the
number was registered with the National Do-Not-Call Registry
without prior express invitation or permission required by the
TCPA.
Headquartered in Denver, CO, Omahasteaks.com, LLC operates as an
online meat delivery company. It offers steaks, meats, seafood,
sides, and desserts. [BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
ONTRAC LOGISTICS: Class Cert Bid Filing Extended to Sept. 30
------------------------------------------------------------
In the class action lawsuit captioned as Herrera v. Ontrac
Logistics, Inc. et al (RE ONTRAC LOGISTICS, INC. DELIVERY DRIVERS
LITIGATION), Case No. 3:25-cv-00022-RFL (N.D. Cal.), the Hon. Judge
Lin entered an order to extend class certification, ADR, and
related deadlines:
1. June 20, 2026, to complete ADR;
2. Aug. 10, 2026, for initial expert reports relating to class
certification;
3. Sept. 8, 2026, for rebuttal expert reports relating to class
certification
4. Sept. 30, 2026, to file a motion for class certification;
5. Oct. 21, 2026, file an opposition to class certification;
6. Nov. 4, 2026, to file a reply in support of a motion for
class certification.
The hearing on class certification is to be continued to Tuesday,
Dec. 1, 2026, at 10:00 a.m.
OnTrac was a privately held logistics company.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=pmKhoq at no extra
charge.[CC]
The Plaintiff is represented by:
Rebecca Peterson-Fisher, Esq.
Jessica Westerman, Esq.
KATZ BANKS KUMIN LLP
235 Montgomery Street, Suite 665
San Francisco, CA 94104
Telephone: (415) 813-3260
Facsimile: (415) 813-2495
E-mail: peterson-fisher@katzbanks.com
westerman@katzbanks.com
- and -
Virginia Villegas, Esq.
THE VILLEGAS LAW FIRM, APC
1388 Sutter Street, Suite 903
San Francisco, CA 94109
Telephone: (415) 989-8000
Facsimile: (415-989-8028
E-mail: virginia@e-licenciados.com
- and -
Jennifer Smith, Esq.
COMMUNITY LEGAL SERVICES IN
EAST PALO ALTO
1861 Bay Road
East Palo Alto, CA 94303
Telephone: (650) 204-9065
Facsimile: (866) 688-5204
E-mail: jsmith@clsepa.org
The Defendants are represented by:
Christopher C. McNatt, Jr., Esq.
Janis E. Steck, Esq.
Charles Andrewscavage, Esq.
SCOPELITIS, GARVIN, LIGHT, HANSON &
FEARY, LLP
2 North Lake Avenue, Suite 560
Pasadena, CA 91101
Telephone: (626) 795-4700
Facsimile: (626) 795-4790
E-mail: cmcnatt@scopelitis.com
jsteck@scopelitis.com
candrewscavage@scopelitis.com
PAMELA BONDI: Almeida Files Suit in D. Utah
-------------------------------------------
A class action lawsuit has been filed against Pamela J. Bondi. The
case is styled as Brayan Daniel Grateron Almeida, individually and
on behalf of all others similarly situated v. Pamela J. Bondi, in
her official capacity as the United States Attorney General; The
Executive Office for Immigration Review, Case No.
2:26-cv-00049-AMA-DAO (D. Utah, Jan. 20, 2026).
The nature of suit stated as Other Immigration Actions.
Pamela Jo Bondi is an American attorney and politician who has
served as the 87th United States attorney general since 2025.[BN]
The Plaintiff is represented by:
Alec Stephen Bracken, Esq.
CONTIGO LAW LLC
PO Box 249
Midvale, UT 84047
Phone: (435) 669-4875
Email: alec@contigo.law
PAYCOR INC: Court Partly Alters Class Definition in "Barrow"
------------------------------------------------------------
In the case captioned as JUAN BARRON, individually and on behalf of
all others similarly situated, Plaintiff, v. PAYCOR, INC.,
Defendant, Case No. 3:20-cv-264-DWD (S.D. Ill.), Judge David W.
Dugan of the United States District Court for the Southern District
of Illinois granted in part and denied in part Defendant's Motion
to Alter or Amend the Class Definition.
n March 28, 2025, the Court partially granted Plaintiff's Renewed
Motion for Class Certification under Federal Rule of Civil
Procedure 23. The Court certified the following class:
All individuals working in the State of Illinois who had their
fingerprints, hand geometry or other biometric data collected,
captured, received, or otherwise obtained or disclosed by
Defendant's Perform Time biometric timekeeping system during the
applicable statutory period.
The Court also appointed Plaintiff as the class representative and
the law firms of Stephan Zouras, LLC, and Peiffer, Wolf, Carr,
Kane, Conway and Wise, LLP, as class counsel.
Defendant moved to alter or amend the class definition, arguing it
was clearly overbroad on four grounds: (a) it included people whom
the Court had already excluded; (b) it encompassed people who
consented to the collection and disclosure of their data; (c) it
covered double the applicable time period; and (d) it included
people whose claims against Defendant were released in Illinois
Biometric Information Privacy Act settlements with their
employers.
As to the first ground, at the hearing held on September 24, 2025,
Defendant confirmed that none of the Perform Time timeclock models
in use from 2015 to the present contained a hand geometry scanning
functionality. This was subsequently confirmed in a Third
Supplemental Declaration of David Goodwin, filed October 24, 2025.
Accordingly, the Court found Defendant's first argument moot and
agreed to alter the class definition to remove the reference to
hand geometry.
The Court rejected Defendant's second, third, and fourth arguments,
all of which related to persons who may have signed written
consents or releases. The Court declined to resolve factual
variances or delve into the merits of fact-intensive claims or
defenses better left for summary judgment. The Court noted that the
case remained in the middle of discovery and that the Seventh
Circuit had itself observed the summary judgment ruling would
likely address the legal questions surrounding Defendant's
responsibilities under Sections 15(b) and (d) of the Illinois
Biometric Information Privacy Act, including whether
employer-obtained consents could discharge Defendant's obligations
under the Act.
Therefore, Defendant's Motion to Alter or Amend the Class
Definition was granted in part and denied in part. The definition
of the previously certified class was altered and amended as
follows: All individuals working in the State of Illinois who had
their fingerprints or other biometric data collected, captured,
received, or otherwise obtained or disclosed by Defendant's Perform
Time biometric timekeeping system during the applicable statutory
period.
A copy of the Court's decision dated February 16, 2026, is
available at https://urlcurt.com/u?l=Y4DMv7 from PacerMonitor.com
Defendant
Paycor, Inc.
Counsel for Defendant:
Michael B. Galibois, Reed Smith LLP – Chicago
Phone: 312-207-2810
Email: mgalibois@reedsmith.com
Plaintiff
Kellin Johns
Counsel for Plaintiff:
Ryan F. Stephan, Stephan Zouras, LLP
Phone: 312-233-1550
Email: rstephan@stephanzouras.com
Brandon M. Wise, Peiffer Wolf Carr & Kane, APLC
Phone: 314-833-4825
Email: bwise@pwcklegal.com
Megan E. Shannon, Stephan Zouras, LLP
Phone: 312-233-1550
Email: mshannon@stephanzouras.com
James B. Zouras, Stephan Zouras, LLP
Phone: 312-233-1550
Email: jzouras@stephanzouras.com
Catherine T. Mitchell, Stephan Zouras, LLP
Phone: 312-233-1550
Email: cmitchell@stephanzouras.com
R&R EXPRESS: Eastman Sues Over Mass Layoff Without Prior Notice
---------------------------------------------------------------
JENNIFER EASTMAN and ERIC MCQUISTON, individually and on behalf of
all others similarly situated, Plaintiffs, v. R&R EXPRESS, INC.,
Defendant, Case No. 2:26-cv-00240 (W.D. Pa., February 10, 2026)
alleges violations of the Worker Adjustment and Retraining
Notification Act.
On or around January 12, 2026, less than 60 days prior to
termination of their employment, approximately 500 employees of
Defendant learned that they were to be terminated immediately
without cause, as part of, or as the foreseeable result of, a mass
layoff or facility closing ordered by Defendant. However, the
Defendant failed to give its employees at least 60 days' advance
written notice of termination. Accordingly, the Plaintiffs seek to
recover damages in the amount of 60 days' back pay and benefits
pursuant to the WARN Act.
Headquartered in Pittsburgh, PA, R&R Express, Inc. provides
transportation and logistics services. [BN]
The Plaintiffs are represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
- and -
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
RELIAS LLC: "Kieliszewski" Suit Junked for Lack of Jurisdiction
---------------------------------------------------------------
In the case captioned as Angie Kieliszewski, individually and on
behalf of all others similarly situated, et al., Plaintiffs, v.
Relias LLC, Defendant, Case No. 5:25-CV-00043-M-RN (E.D.N.C.),
Chief Judge Richard E. Myers II of the United States District Court
for the Eastern District of North Carolina granted Defendant's
Motion to Dismiss.
The matter came before the court on a Memorandum and Recommendation
issued by United States Magistrate Judge Robert T. Numbers, II,
recommending that Defendant's Motion to Dismiss be granted. The
Memorandum and Recommendation, along with instructions and a
deadline for filing objections, was served on the parties on
January 30, 2026. Neither party filed a timely objection.
Upon careful review of the Memorandum and Recommendation and the
record presented, and finding no clear error, the court adopted the
recommendation of the magistrate judge as its own. Accordingly,
Defendant's Motion to Dismiss was granted, and Plaintiff's amended
complaint was dismissed for lack of subject matter jurisdiction.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=BZpUyR from PacerMonitor.com
SAMUEL OLSON: Salmeron Petition For Writ of Habeas Corpus OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as ESMERALDA DE LA CRUZ
SALMERON, v. SAMUEL OLSON, et al., Case No. 4:25-cv-00198-RGJ (W.D.
Ky.), the Hon. Judge Jennings entered an order granting Salmeron's
petition for writ of habeas corpus as follows:
The Defendants are directed to release Petitioner Salmeron
immediately because of the unlawful detention in violation of her
due process rights.
The Defendants must provide her with a bond hearing before a
neutral IJ pursuant to Section 1226.
The United States must certify compliance with the Court’s order
by a filing on the docket by February 9, 2026.
The Court finds that all three Matthews factors favor Salmeron. The
current detention of Salmeron is in violation of the Due Process
Clause and the INA.
On October 15, 2025, Salmeron was arrested by Department of
Homeland Security officers outside of a Home Depot in Chicago,
Illinois. On the same day, Salmeron was issued a Warrant for Arrest
pursuant to Form I-200. Salmeron was also issued a Notice to Appear
Form I-862.
A copy of the Court's memorandum and order dated Feb. 6, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=242nKp
at no extra charge.[CC]
SARAYA USA: Kinman Suit Removed to D. Utah
------------------------------------------
The case styled as VALERIE KINMAN, individually and on behalf of
all others similarly situated, Plaintiff v. SARAYA USA, INC. d/b/a
LAKANTO, a Utah corporation, Defendant, Case No. 1:25-cv-07539, was
removed from the United States District Court for the Northern
District of Illinois to the United States District Court for the
District of Utah on January 22, 2026.
The District Court for the District of Utah assigned Case No.
2:26-cv-00062-TC-DAO to the proceeding.
The case is assigned to Judge Tena Campbell.
This putative class action seeks to hold Defendant responsible for
materially misleading statements made on the labels of its "LAKANTO
MONKFRUIT SWEETENER" products. Despite numerous, prominent
representations on the product labels that the products are a
"MONKFRUIT SWEETENER" containing a "rare superfood prized for its
sweetness and ability to raise chi, or life energy," the products
contain almost no monk fruit, says the suit.
Saraya USA, Inc., d/b/a LAKANTO, manufactures, markets,
distributes, labels, promotes, advertises and sells the sweetener
products.[BN]
The Defendant is represented by:
Juliette P. White, Esq.
PARSONS BEHLE & LATIMER
201 S Main St., Ste 1800
PO BOX 45898
Salt Lake City, UT 84145-0898
Telephone: (801) 532-1234
E-mail: JWhite@parsonsbehle.com
SEMTECH CORPORATION: Kleovoulos Seeks to Rule 23 Certify Class
--------------------------------------------------------------
In the class action lawsuit captioned as Colleen Kleovoulos v.
Semtech Corporation et al (re SEMTECH CORPORATION SECURITIES
LITIGATION), Case No. 2:25-cv-01474-MCS-AYP (C.D. Cal.), the
Plaintiff, on June 1, 2026, at 9:00 a.m., will move to certify a
class under Federal Rule of Civil Procedure 23(a) and (b)(3),
appoint the Plaintiff as Class Representative, and appoint Block &
Leviton LLP as Class Counsel pursuant to Rule 23(g).
On Oct. 7, 2025, the Court issued an Order Granting in Part and
Denying in Part Defendants' motion to dismiss the consolidated
class action complaint.
The Court found the Consolidated Class Action Complaint pleads
actionable claims under Section 10(b) of the Securities Exchange
Act of 1934, with respect to Defendant Hou's Nov. 25, 2024,
statements about the market opportunity for Semtech's active copper
cables.
The proposed Class that Plaintiff seeks to certify consists of:
"All persons or entities who purchased or otherwise acquired
common stock of Semtech Corporation during the period from
Nov. 25, 2024, to Feb. 7, 2025 inclusive (the "Class
Period")."
Excluded from the Class are Defendants and their families, the
officers and directors of the Company, at all relevant times,
members of their immediate families, and their legal
representatives, heirs, successors or assigns and any entity
in which defendants have or had a controlling interest.
This action asserts claims under Sections 10(b) and 20(a) of the
Exchange Act against Semtech and its Chief Executive Officer, Hong
Q. Hou.
Semtech is a provider of high-performance semiconductors, Internet
of Things ("IoT") systems, and cloud connectivity solutions.
A copy of the Plaintiff's motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=WKJ2as at no extra
charge.[CC]
The Plaintiff is represented by:
Jacob A. Walker, Esq.
Jeffrey C. Block, Esq.
Michael D. Gaines, Esq.
Zoe van Vlaanderen, Esq.
BLOCK & LEVITON LLP
400 Concar Drive
San Mateo CA 94402
Telephone: (650) 781-0025
E-mail: jake@blockleviton.com
jeff@blockleviton.com
michael@blockleviton.com
zoe@blockleviton.com
- and -
Salvador E. Perez, Esq.
STRUMWASSER & WOOCHER LLP
1250 6th Street, Suite 205
Santa Monica, CA 90401
Telephone: (310) 576-1233
E-mail: sperez@strumwooch.com
SHELL CHEMICAL: Parties Seeks to Extend Scheduling Order
--------------------------------------------------------
In the class action lawsuit captioned as JOHN FLYNN, on behalf of
himself and all others similarly situated, v. SHELL CHEMICAL
APPALACHIA, LLC Case No. 2:24-cv-00193-MJH (W.D. Pa.), the Hon.
Judge Horan entered an order granting the Parties' motion to extend
scheduling order as follows:
-- Date by which class certification fact discovery shall be
completed: July 24, 2026.
-- Date by which the Plaintiffs' expert reports as to class
certification shall be served: Aug.7, 2026.
-- Date by which the Defendant's expert reports as to class
certification shall be served: Oct. 13, 2026.
-- Date by which the Plaintiffs' motion for class certification,
memorandum in support, and all supporting evidence shall be
filed: Dec. 11, 2026.
-- Date by which the Defendant's memorandum in opposition to
class certification and all supporting evidence shall be
filed: Jan. 8, 2027.
-- Date by which the Plaintiff's reply memorandum in support of
class certification, if any, shall be filed: Jan. 26, 2027.
The Defendant operates a major petrochemical complex in Potter
Township, Beaver County, Pennsylvania, known as Shell Polymers
Monaca (SPM).
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GgnYOo at no extra
charge.[CC]
SHELL TRADING: LHB Ventures Balks at Unpaid Oil, Gas Royalties
--------------------------------------------------------------
LHB VENTURES LLC, on behalf of itself and a class of similarly
situated, Plaintiff v. SHELL TRADING (US) COMPANY, FIRST INTERSTATE
BANK, and BLACK BEAR OIL CORPORATION, Defendants, Case No.
2:26-cv-00052-SPK (D. Wy., February 10, 2026) is a class action
concerning the Defendants' past and ongoing violations of the
Wyoming Royalty Payment Act and their continuing breaches of their
payment obligations to payees regarding oil and gas products
produced from wells located in Wyoming.
The complaint alleges the Defendants' (1) failure to pay the 18
percent statutory interest which the Defendants have owed on
untimely, or "late," owner payments owed on the sale of oil and gas
production to those interest owners legally entitled to such
payments; (2) failure to comply with the applicable information
reporting requirements to interest owners; and (3) breach of their
royalty payment obligations to lessors and overriding royalty
interest owners, based upon the Defendants' unauthorized and
improper deduction of various costs from the selling price of oil
produced from Wyoming wells in which lessors and overriding royalty
owners have an ownership interest, in the Defendants' calculation
and payment of royalties paid to the affected lessors and
overriding royalty owners.
Plaintiff LHB Ventures is a limited liability company which was
established and organized under the laws of the State of Colorado.
Shell Trading (US) Company buys and sells barrels of hydrocarbons
in physical markets.[BN]
The Plaintiff is represented by:
Stephen R. Winship, Esq.
WINSHIP & WINSHIP, P.C.
145 South Durbin Street, Suite 201
Casper, WY 82601
Telephone: (307) 234-8991
E-mail: steve@winshipandwinship.com
- and -
George A. Barton, Esq.
Stacy A. Burrows, Esq.
Seth K. Jones, Esq.
BARTON AND BURROWS, LLC
5201 Johnson Drive, Ste. 110
Mission, KS 66205
Telephone: (913) 563-6250
E-mail: george@bartonburrows.com
stacy@bartonburrows.com
seth@bartonburrows.com
SIG SAUER: Carter Suit Alleges Breaches of Fiduciary Duties
-----------------------------------------------------------
MICHAEL CARTER, Individually and on behalf of the Sig Sauer, Inc.
401(k) Plan, and on behalf of all the similarly situated
participants and beneficiaries of the plan, Plaintiff v. SIG SAUER,
INC., THE SIG SAUER, INC. 401(k) COMMITTEE, John and Jane Does 1-30
in their capacities as fiduciaries and members of the Committee,
Defendants, Case No. 1:26-cv-00098 (D.N.H., February 10, 2026)
seeks to remedy Defendants' breaches of fiduciary duties and other
violations of the Employee Retirement Income Security Act of 1974.
According to the complaint, the Defendants violated their fiduciary
duties by both (1) initially selecting; and (2) consistently
retaining the American Century Target Date Fund for more than eight
years, even when it glaringly underperformed under all investment
metrics and, consequently, in terms of returns. This
lower-performing investment option reduced Plan participants'
retirement funds by millions of dollars as compared to if
Defendants did not breach their fiduciary duties. As a result of
the Defendants' mismanagement of the Plan and violations of ERISA,
Plaintiff was subject to underperformance and suffered financial
losses, says the suit.
Headquartered in Newington, NH, Sig Sauer, Inc. manufactures
rifles, pistols, suppressors, optics, ammunition, and airguns.
[BN]
The Plaintiff is represented by:
Adam H. Weintraub, Esq.
WEINTRAUB LAW, LLC
170 Commerce Way, Suite 200
Portsmouth, NH 03801
Telephone: (603) 212-1785
E-mail: aweintraub@ahwfirm.com
- and -
Alexandr Rudenco, Esq.
MILBERG, PLLC
800 S. Gay St., Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
E-mail: arudenco@milberg.com
SOLAREDGE TECH: Plaintiffs Seek More Time to File Class Cert Reply
------------------------------------------------------------------
In the class action lawsuit captioned as IN RE SOLAREDGE
TECHNOLOGIES, INC. SECURITIES LITIGATION, Case No.
1:23-cv-09748-GHW-OTW (S.D.N.Y.), the Plaintiffs ask the Court to
enter an order granting a one-week extension to the deadline for
Plaintiffs' reply in further support of their pending motion for
class certification and appointment of class representatives and
lead counsel from Feb. 13, 2026 to Feb. 20, 2026.
The Defendants filed their opposition on January 16, 2026, which
included a supporting expert report from Dr. Mark Garmaise. Dr.
Garmaise was not available for an in-person deposition in New York
until February 10, 2026, only three days before the Plaintiffs'
reply is due.
Given this prohibitively short timeframe for obtaining a transcript
of Dr. Garmaise's deposition and incorporating testimony into the
Plaintiffs' reply, the Plaintiffs request a short one-week
extension of their reply deadline.
The Defendants consent to this extension, which will not affect any
other dates in the Case Management Order.
SolarEdge is a US company that developed a DC optimized inverter
system.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=B3NgM4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Brian Calandra, Esq.
Jeremy A. Lieberman, Esq.
POMERANTZ LLP
600 Third Avenue
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: bcalandra@pomlaw.com
jalieberman@pomlaw.com
SOUTH CENTRAL: Avila-Soto Seeks Rule 23 Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as FELIPE DE JESUS
AVILA-SOTO, et al. v. SOUTH CENTRAL SUGAR CANE GROWERS'
ASSOCIATION, INC., et al., Case No. 6:24-cv-01392-RRS-CBW (W.D.
La.), the Plaintiffs ask the Court to enter an order certifying a
class pursuant to Federal Rule of Civil Procedure 23(b)(3),
declaring that Plaintiffs are adequate class representatives, and
appointing class counsel pursuant to Rule 23(g).
The Plaintiffs seek Rule 23 class certification of their second and
third claims for relief for breach of contract and violations of
the Louisiana Wage Payment Act.
The Plaintiffs seek Rule 23 certification of a class defined as:
"All individuals admitted as H-2A temporary foreign workers
who were employed by the Defendants as truck drivers hauling
harvested sugarcane within the state of Louisiana during the
2022, 2023, 2024, and/or 2025 sugarcane seasons."
South Central is an organization involved in agricultural support
activities, specifically focusing on sugar crops and machine
harvesting services.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=aKGthE at no extra
charge.[CC]
The Plaintiffs are represented by:
James M. Knoepp, Esq.
Dawson Morton, Esq.
DAWSON MORTON, LLC
1612 Crestwood Drive
Columbia, SC 29205
Telephone: (828) 379-3169
E-mail: jim@dawsonmorton.com
dawson@dawsonmorton.com
- and -
Daniel Davis, Esq.
ESTES DAVIS LAW, LLC
4465 Bluebonnet Blvd, Suite A
Baton Rouge, LA 70809
Telephone: (225) 336-3394
Facsimile: (225) 384-5419
E-mail: dan@estesdavislaw.com
ST. LOUIS, MO: $4MM Class Settlement Gets Court Preliminary Nod
---------------------------------------------------------------
Jacob Kirn, writing for 5 On Your Side, reports that a federal
judge has granted preliminary approval to a $4 million
class‑action settlement for hundreds of people who say they
endured inhumane conditions while held at the city's Medium
Security Institution, commonly known as the Workhouse.
U.S. District Judge Audrey Fleissig issued the 15‑page order Feb.
13, allowing the case -- first filed in 2017 -- to proceed as a
settlement class action. The lawsuit, against the city of St.
Louis, alleges detainees housed at MSI between 2012 and 2022
experienced extreme heat, poor ventilation, sewage overflows,
rodent and insect infestations, mold and overcrowding, in violation
of the Eighth and Fourteenth Amendments to the U.S. Constitution.
The ruling marks a significant step toward resolving litigation
that stretched over eight years and wound through the Eighth
Circuit Court of Appeals, which in 2024 reversed an earlier
class‑certification order. The parties later revised the class
definition and reached agreement on a settlement on Feb. 24, 2025,
after multiple mediations. [GN]
STENY'S INC: Witman Sues Over Failure to Pay Minimum Wages
----------------------------------------------------------
Nathan Witman, individually and on behalf of all those similarly
situated v. STENY'S, INC., Case No. 2:26-cv-00235 (E.D. Wis., Feb.
12, 2026), is brought under the Fair Labor Standards Act ("FLSA")
and Wisconsin law against Defendant's failure to pay minimum wages
and its operation of an unlawful tip pool.
The Defendant takes at tip credit to meet its obligations to pay
front-of-house employees the minimum wage. Defendant also operates
a mandatory tip pool that includes kitchen employees who do not
customarily and regularly receive tips in violation of the FLSA and
Wisconsin law. The Defendant also failed to provide Plaintiff and
the FLSA Collective with the requisite notice to take a tip credit
in violation the FLSA and Wisconsin law. The Defendant also failed
to have a tip declaration signed by Plaintiff and the Wisconsin
Class each pay period as required by the FLSA and Wisconsin law. As
a result of these violations, Defendant is not entitled to take a
tip credit for front-of-house employees and thus failed to pay
Plaintiff, the FLSA Collective, and the Wisconsin Class the minimum
wage in violation of the FLSA and Wisconsin law, says the
complaint.
The Plaintiff was employed by the Defendant as a front-of-house
employee at Steny's Tavern & Grill.
The Defendant operates the restaurant and bar Steny's Tavern &
Grill located in Milwaukee, Wisconsin.[BN]
The Plaintiff is represented by:
Connor J. Clegg, Esq.
Larry A. Johnson, Esq.
Hawks Quindel, S.C.
5150 North Port Washington Road Suite 243
Milwaukee, WI 53217
Phone: (414) 271-8650
Email: cclegg@hq-law.com
ljohnson@hq-law.com
SWIFT TRANSPORTATION: More Time to File Reply Brief Sought
----------------------------------------------------------
In the class action lawsuit captioned as THOMAS FISCHER, BRIAN
BLAIR and MARGARET BLAZIC, on behalf of themselves and all others
similarly situated, v. SWIFT TRANSPORTATION CO. OF ARIZONA, LLC,
and DOES 1-20, inclusive, Case No. 3:25-cv-02232-VC (N.D. Cal.),
the Plaintiffs will move the Court for an order enlarging the time
for the Plaintiffs to file a reply brief in support of their motion
for class certification pursuant to Civil L.R. 6-3 and 7-11.
Specifically, the Plaintiffs requests an extension of 45 days to
file their reply brief in support of their Motion. The proposed
schedule is as follows:
1. The Deadline for filing Plaintiffs' Reply Brief: April 6,
2026
2. Hearing on the Plaintiffs' Class Cert. Motion: April 23,
2026.
The Plaintiffs have diligently pursued discovery in this matter but
require additional time to depose the 24 putative class members who
submitted declarations in support of Defendant's Opposition.
The Plaintiffs seek this limited extension to avoid prejudice for
two reasons. First, the Plaintiffs need time to depose putative
classes members who signed declarations in support of the
Defendant's opposition to the Motion. Second, the Plaintiffs need
additional time to obtain and review precertification discovery
Defendant has already agreed to produce but has not produced.
Swift offers logistics, convention facilities, heavy hauling, trans
loading, and trucking services.
A copy of the Plaintiffs' motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=cKs6dN at no extra
charge.[CC]
The Plaintiffs are represented by:
Carolyn H. Cottrell, Esq.
Ori Edelstein, Esq.
Robert E. Morelli III, Esq.
Frank J. White Jr., Esq.
SCHNEIDER WALLACE
COTTRELL KIM LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
E-mail: ccottrell@schneiderwallace.com
oedelstein@schneiderwallace.com
rmorelli@schneiderwallace.com
fwhite@schneiderwallace.com
TAPESTRY INC: Merrell Seeks Rule 23 Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as RICHARD PAUL MERRELL,
individually and on behalf of all others similarly situated, v.
TAPESTRY, INC., a Maryland Corporation; and DOES 1-10, inclusive,
Case No. 5:25-cv-02510-RGK-MAR (C.D. Cal.), the Plaintiff, on March
30, 2026, at 9:00 a.m., will move for an order granting class
certification, on the grounds that all the prerequisites of Fed. R.
Civ. P. 23, including both Rule 23(b)(2) and Rule 23(b)(3) have
been satisfied.
This motion is made following the order regarding class
certification briefing schedule issued on November 25, 2025. The
parties met and conferred prior to this motion in accordance with
local rule 7-3 on January 13, 2026.
The Plaintiff seeks to certify two classes:
Nationwide Class
"All legally blind individuals who have attempted to access
the Defendant's website using screen-reading software from
January 2022 up to and including final judgment in this
action."
California Subclass
"All California residents who are legally blind, including
those who use screen readers, who, between Jan. 1, 2022 and
July 31, 2023, visited coach.com using a screen reader and
tried to interact with store‑linked website functionality
that
provides store‑specific information or initiates, modifies,
or
completes in‑person transactions or services at Coach
physical
stores."
The Plaintiff is legally blind and uses the screen reader to access
the internet. He attempted to access coach.com to locate and
purchase Coach products and to use services offered through Coach's
physical retail stores, including in-store pickup.
Tapestry is a company which designs and markets luxury accessories
and lifestyle brands.
A copy of the Plaintiff's motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=45izAE at no extra
charge.[CC]
The Plaintiff is represented by:
Thiago M. Coelho, Esq.
Chumahan B. Bowen, Esq.
Jennifer M. Leinbach, Esq.
Jesenia A. Martinez, Esq.
Jesse S. Chen, Esq.
WILSHIRE LAW FIRM, PLC
660 S. Figueroa Street, Sky Lobby
Los Angeles, CA 90017
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
E-mail: thiago@wilshirelawfirm.com
cbowen@wilshirelawfirm.com
jennifer.leinbach@wilshirelawfirm.com
jesenia.martinez@wilshirelawfirm.com
jchen@wilshirelawfirm.com
TC HEARTLAND: Parties Seek to Seal Class Cert Docs
--------------------------------------------------
In the class action lawsuit captioned as SAMUEL GARCIA,
individually and on behalf of all others similarly situated, v. TC
HEARTLAND, LLC, Case No. 5:23-cv-04192-NW (N.D. Cal.), the Parties
ask the Court to enter an order granting Joint Motion to Seal
pursuant to the Court's Order Regarding Sealing Requests pertaining
to sealing motions filed previously regarding materials referenced
in Plaintiff's motion for class certification and subsequent
briefings.
The Parties jointly seek to seal the documents at issue because
they contain highly sensitive, confidential, and proprietary
information, including materials designated as "Confidential" under
the Stipulated Protective Order, third-party Circana, LLC's non
public trade secret sales data, and Plaintiff’s and his wife's
private medical records and information, the public disclosure of
which would likewise result in substantial and irreparable harm.
Pursuant to the Court's Sealing Requests Order, the Parties
concurrently file an Appendix identifying all pending sealing
requests.
TC Heartland seeks to seal four exhibits submitted in support of
Plaintiff’s motion for class certification that contain detailed
and commercially sensitive business information. Specifically, TC
Heartland seeks to seal Exhibits 4, 9, 10, and 11 to the
Declaration of Alan Gudino.
The information contained in these materials constitutes
confidential, commercially sensitive business information that TC
Heartland uses to assess its marketing and product strategy and
keeps secret from the public. Public disclosure would pose a
significant risk of competitive harm to TC Heartland, warranting
sealing under applicable authority.
The identified materials disclose Plaintiff’s and his spouse’s
medical information, which warrants the highest degree of privacy
protection. Public disclosure would cause substantial and
irreparable harm, including unwanted attention and the potential
misuse of sensitive personal data -- harms that cannot be undone
once placed on the public record.
The sealing request is narrowly tailored, seeking to redact only
the specific deposition testimony and the single sentence in
Defendant’s opposition brief that reveal medical details. No
broader sealing is sought, and the requested redactions represent
the least restrictive means of protecting Plaintiff’s privacy
while preserving public access to all other information.
TC provides packaged food products.
A copy of the Parties' motion dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cPHQoW at no extra
charge.[CC]
The Plaintiff is represented by:
Shireen M. Clarkson, Esq.
Bahar Sodaify, Esq.
Cassandra L. Rasmussen, Esq.
Jiaming Zheng, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: sclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
crasmussen@clarksonlawfirm.com
jzheng@clarksonlawfirm.com
The Defendant is represented by:
Alexander M. Smith, Esq.
Kelly M. Morrison, Esq.
Dean N. Panos, Esq.
JENNER & BLOCK LLP
515 S. Flower Street, Suite 3300
Los Angeles, CA 90071-2054
Telephone: (213) 239-5100
Facsimile: (213) 239-5199
E-mail: asmith@jenner.com
kmorrison@jenner.com
dpanos@jenner.com
TOMMY BAHAMA: Bid for Class Certification in Haley Due Oct. 22
--------------------------------------------------------------
In the class action lawsuit captioned as VALERIE HALEY, on her own
behalf and on behalf of others similarly situated, v. TOMMY BAHAMA
GROUP, INC., Case No. 2:25-cv-01969-BJR (W.D. Wash.), the Parties
ask the Court to enter an order extending scheduling order on class
certification deadlines:
Event Deadline
Deadline to join additional parties: June 1, 2026 (unchanged)
Class certification discovery deadline: Sept. 23, 2026
Motion for class certification: Oct. 22, 2026
Parties to meet and confer regarding No later than 14 days
remaining discovery and case after resolution of the
scheduling deadlines: motion for class
certification
The Parties filed a proposed case schedule within their Joint
Status Report and Discovery Plan on December 17, 2025
The Defendant provides apparel for men and women.
A copy of the Parties' motion dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=34oket at no extra
charge.[CC]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
- and -
Lynn A. Toops, Esq.
Natalie A. Lyons, Esq.
Ian R. Bensberg, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenmalad.com
nlyons@cohenmalad.com
ibensberg@cohenmalad.com
- and -
Gerard J. Stranch, IV, Esq.
Michael C. Tackeff, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
mtackeff@stranchlaw.com
The Defendant is represented by:
Lauren B. Rainwater, Esq.
Rachel Herd, Esq.
Emily Parsons, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: laurenrainwater@dwt.com
rachelherd@dwt.com
emilyparsons@dwt.com
TRACFONE WIRELESS: Class Settlement in Barcomb Gets Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as DARREN BARCOMB, DAVID
SETTERS, CHARISE CARSON, JAYNAE COLE, JOSHUA DA VIS, RA VEN HARDEN
and MICHAEL BROADUS, on behalf of themselves and all others
similarly situated, V. TRACFONE WIRELESS, INC., Case No.
1:24-cv-08710-NRB (S.D.N.Y.), the Hon. Judge Buchwald entered an
order and judgment granting final approval of class action
settlement:
The Court grants final approval of the Settlement Agreement, and,
for purposes of the Settlement Agreement and this Final Approval
Order and Judgment only, the Court finally certifies the following
Settlement Class:
"All persons who were affected by the Data Security Incident."
Specifically excluded from the Settlement Class are: (i) the
Defendant's officers and directors at the time of the signing
of the Settlement Agreement; (ii) any entity in which the
Defendant has a controlling interest; and (iii) the
affiliates, legal representatives, attorneys, successors,
heirs, and assigns of Defendant. Also excluded from the
Settlement Class are members of the judiciary to whom this
case is assigned, their families and members of their staff.
The Court grants final approval to the appointment of Plaintiffs
Darren Barcomb, David Setters, Charise Carson, Jaynae Cole, Joshua
Davis, Raven Harden, and Michael Broadus as Settlement Class
Representatives.
The Court grants final approval to the appointment Mason Barney and
Tyler Bean of Siri & Glimstad LLP as Class Counsel.
The Court, after careful review of the Fee Application filed by
Class Counsel, and after applying the appropriate standards
required by relevant case law, grants Class Counsel's application
for attorneys' fees, costs, and expenses in the amount of
$1,400,000. Payment shall be made pursuant to the terms of the
Settlement Agreement.
TracFone provides mobile phone services.
A copy of the Court's order dated Feb. 3, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=m81zkt at no extra
charge.[CC]
TRI COUNTIES: Agrees to Settle 2023 Cyberattack Suit for $1.185MM
-----------------------------------------------------------------
Olivia DeRicco of ClassAction.org reports that Tri Counties Bank
has agreed to a $1,185,000 settlement to resolve a class action
lawsuit alleging that the financial institution failed to protect
confidential consumer information stored on its systems from a
February 2023 cyberattack.
The Tri Counties Bank class action settlement received preliminary
court approval on January 21, 2026 and covers all individuals whose
private information may have been accessed during the data breach,
including those who received a notice of data breach from the bank.
Court documents estimate that approximately 74,385 individuals will
be covered by the deal.
The court-approved website for the Tri Counties Bank data breach
settlement can be found at TriCountiesSettlement.com.
According to the website, Tri Counties Bank settlement class
members who submit a timely, valid claim form have multiple options
for reimbursement.
Firstly, class members who submit a claim form with documented
proof of out-of-pocket losses incurred due to the breach are
eligible to receive up to $5,000 in reimbursement. The agreement
outlines that class members must submit supporting documentation
with their claim form to reimburse expenses related to identity
theft and fraud services purchased after the data breach, costs of
credit reports and credit freezing/unfreezing, and other expenses
directly related to the breach.
In lieu of a documented loss payment, class members can file a
claim form to receive a one-time alternative cash payment of
approximately $100. Per the settlement site, no proof is required
from class members to receive an alternative cash payout, which may
become pro-rated based the number of valid claims filed and the
amount remaining in the net settlement fund after all
administrative costs, attorney's fees and lead plaintiff service
awards have been paid.
In addition to either cash payment, the agreement reports that
settlement class members who are residents of California, or who
lived in California at any point between February 7, 2023 and April
21, 2026, are also entitled to a one-time cash payment of
approximately $150 due to state-specific statutory laws. Like the
alternative cash payments, California statutory payments may be
pro-rated should the number of valid claims exceed the settlement
fund.
Tri Counties Bank class members may elect to receive their cash
payout by check or electronic payment upon submission of their
claim form, and the agreement states that all checks must be cashed
within 120 days of issuance before expiration.
In addition to monetary benefits, all class members may file a
claim to receive a code to enroll in one free year of expanded
identity theft and fraud monitoring, including single-bureau credit
monitoring, identity theft insurance and access to fraud resolution
specialists, per the settlement agreement.
Moreover, Tri Counties Bank has agreed to improve its data system
security as part of the settlement to better protect its stored
information and mitigate the risk of a future data breach.
To submit a Tri Counties Bank settlement claim form online, class
members can head to this page and enter the CPT ID and passcode as
found on their received copy of the settlement notice.
Alternatively, class members can download a PDF claim form to
print, complete and return by mail to the settlement
administrator.
All Tri Counties Bank settlement claim forms must be submitted
online or postmarked no later than April 21, 2026.
The court will determine whether to grant the Tri Counties Bank
settlement final approval at a hearing on April 22, 2026.
Compensation will begin to be distributed to class members only
after final approval has been granted and any appeals have been
resolved.
The Tri Counties Bank class action lawsuit alleged that the
California-based financial institution failed to implement
appropriate cybersecurity measures to protect the sensitive
personal information stored in its systems from a February 2023
data breach. According to the filing, information that may have
been extracted during the breach includes names, Social Security
numbers, driver's license and state identification numbers,
passport numbers, digital or electronic signatures, tax ID numbers,
access and login credentials, and mothers' maiden names. [GN]
TYLER TECHNOLOGIES: Class Cert. Deadline Suspended in Gerena Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as HARDY-GERENA v. TYLER
TECHNOLOGIES, INC., Case No. 1:25-cv-04345 (D.D.C., Filed Dec. 15,
2025), the Hon. Judge Carl J. Nichols entered an order granting
consent motion to hold in abeyance the class certification
deadline.
The Plaintiff is excused from the default deadline for moving for
class certification under Local Civil Rule 23.1(b).
The Court further entered an order that a new deadline for
Plaintiff to move for class certification will be established later
by court order.
The nature of suit states statutory actions.
Tyler is a provider of proprietary software to the United States
public sector.[CC]
UNDERWRITERS LABORATORIES: Martucci Sues Over Defective Fire Alarms
-------------------------------------------------------------------
JOHN MARTUCCI, on behalf of himself and the Putative Class,
Plaintiff v. UNDERWRITERS LABORATORIES INC., UL LLC, UL SOLUTIONS
INC., UL STANDARDS AND ENGAGEMENT and UL RESEARCH INSTITUTES,
Defendants, Case No. 1:26-cv-01561 (N.D. Ill., February 11, 2026)
arises from the dangerous and serious defects, dangers and
non-conformities in all combination-listed single databus burglar
and fire alarm system control units that were tested and listed by
Underwriters Laboratories Inc. and its other entities and sold with
their listed mark throughout the United States.
According to the complaint, the dangers inherent in these control
units renders them non-conforming to the minimum standards required
by both UL and NFPA 72 Standards (UL-985 and UL-1023, and NFPA 72
Standards- National Fire Alarm Code and NFPA 72 National Fire Alarm
and Signaling Code).
However, the Defendants concealed these serious defects, dangers
and non-conformities from consumers and/or failed to disclose the
Alarm System Defects to Plaintiff and the class, while at the same
time affirmatively representing the Alarm Systems were UL and NFPA
72 compliant, representing that the Alarm Systems as Defendants
listed for their intended purpose are safe and reliable when they
really are not.
The Defendants also failed to take appropriate remedial action,
even though Defendants were aware that the single data-bus circuit
of all combination listed control units was non-compliant to
Defendants and NFPA regulations, says the suit.
Headquartered in Northbrook, IL, Underwriters Laboratories Inc.
offers product safety testing, certification, endorsement and
standard development both in the United States and internationally.
[BN]
The Plaintiff is represented by:
Lisa R. Considine, Esq.
Bruce H. Nagel, Esq.
David J. DiSabato, Esq.
NAGEL RICE, LLP
103 Eisenhower Parkway
Roseland, NJ 07068
Telephone: (973) 618-0400
E-mail: lconsidine@nagelrice.com
bnagel@nagelrice.com
ddisabato@disabatolaw.com
- and -
Joseph LoPiccolo, Esq.
John N. Poulos , Esq.
Anthony Almeida, Esq.
POULOS LOPICCOLO, PC
1305 South Roller Rd.
Ocean, NJ 07712
Telephone: (732) 757-0165
E-mail: lopiccolo@pllawfirm.com
poulos@pllawfirm.com
almeida@pllawfirm.com
UNILEVER UNITED: Class Cert Bid Filing Modified to July 15
----------------------------------------------------------
In the class action lawsuit captioned as LACEY TIMMINS,
individually, and on behalf of those similarly situated, v.
UNILEVER UNITED STATES, INC., a Delaware corporation, Case No.
2:24-cv-03017-DJC-JDP (E.D. Cal.), the Hon. Judge Daniel Calabretta
entered an order granting the parties' stipulation regarding the
Plaintiff's first amended complaint and extension of class
certification deadlines.
The class certification schedule is modified as follows:
Event Deadline
Motion for class certification and July 15, 2026
expert reports due:
Opposition to class certification and Nov. 3, 2026
rebuttal expert reports due:
Reply in support of class certification Dec. 18, 2026
due:
Class certification hearing at Jan. 21, 2027
1:30 p.m. PT:
3. All other deadlines shall remain unchanged.
Unilever manufactures personal care products.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=c17gka at no extra
charge.[CC]
The Plaintiff is represented by:
Yeremey O. Krivoshey, Esq.
Brittany S. Scott, Esq.
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
166 Geary Street, Suite 1500-1507
San Francisco, CA 94108
Telephone: (415) 839-7077
Facsimile: (888) 410-0415
E-mail: yeremey@skclassactions.com
brittany@skclassactions.com
joel@skclassactions.com
The Defendant is represented by:
Naoki S. Kaneko, Esq.
Sarah Garbuzov, Esq.
SHOOK, HARDY & BACON L.L.P.
Jamboree Center
5 Park Plaza, Suite 1600
Irvine, CA 92614
Telephone: (949) 475-1500
E-mail: nkaneko@shb.com
sgarbuzov@shb.com
UNITED PARKS: Eastman Seeks Leave to File Unredacted Class Cert.
----------------------------------------------------------------
In the class action lawsuit captioned as TATIANA EASTMAN,
individually, and on behalf of all other similarly situated, v.
UNITED PARKS AND RESORTS, INC., a Delaware corporation, Case No.
6:24-cv-01534-PGB-DCI (M.D. Fla.), the Plaintiff asks the Court to
enter an order granting the Plaintiff's unopposed motion for leave
to file unredacted motion for class certification and accompanying
exhibits under seal.
The Plaintiff requests that the Court enter an Order permitting to
file an unredacted version of the Plaintiff's motion for class
certification and accompanying Exhibits D, E, F, G, L, M, N under
seal.
The documents that Plaintiff seeks to file under seal were
designated as "confidential" by the Defendant as they contain its
confidential business information.
Exhibits D, E, L, N to Plaintiff's Motion for Class Certification
contain documents produced by Defendant in discovery and that have
been designated "confidential", under the terms of the Stipulated
Confidentiality Agreement executed by the Parties on April 3, 2025.
Exhibits F, G, M contain deposition transcript and one exhibit to
the deposition that have been designated "confidential" by the
Defendant, under the terms of the Confidentiality Agreement.
The Motion for Class Certification has been partially redacted
inasmuch as it contains descriptions or excerpts of the content of
confidential material under the terms of Confidentiality Agreement.
The Defendant is an American entertainment company.
A copy of the Plaintiff's motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ocP07v at no extra
charge.[CC]
The Plaintiff is represented by:
Scott D. Owens, Esq.
Andree Rozados-Quaresima, Esq.
SCOTT D. OWENS P.A.
2750 N. 29th Ave., Suite 209A
Hollywood, FL 33020
Telephone: (954) 589-0588
E-mail: scott@scottdowens.com
andree@scottdowens.com
- and -
Seth M. Lehrman, Esq.
LEHRMAN LAW
622 Banyan Trail, Suite 200
Boca Raton, FL 33431
Telephone: (754) 778-9660
E-mail: seth@lehrmanlaw.com
UNITED PARKS: Eastman Suit Seeks Class Certification
----------------------------------------------------
In the class action lawsuit captioned as TATIANA EASTMAN,
individually, and on behalf of all other similarly situated, v.
UNITED PARKS AND RESORTS, INC., a Delaware corporation, Case No.
6:24-cv-01534-PGB-DCI (M.D. Fla.), the Plaintiff asks the Court to
enter an order granting motion for class certification.
The Plaintiff contends that the class easily meets all the
requirements for class certification under Federal Rule 23, and
thus the class should be certified.
Accordingly, the Plaintiff individually and on behalf of the
proposed class, requests that the Court certify the class, appoint
her and her counsel class representatives and class counsel,
respectively, and award all other and further relief that the Court
deems equitable and just to conclude this matter.
The Plaintiff seeks certification of the following Class and
Subclass:
Unjust Enrichment Class
"All natural persons in the United States who made a purchase
at one of the Defendant's parks using a credit or debit card
and were charged a 5% surcharge or a service fee at the time
of completing payment for goods or services."
FDUTPA Subclass
"All natural persons residing in Florida who made a purchase
at one of the Defendant's parks using a credit or debit card
and were charged a 5% surcharge or a service fee at the time
of completing payment for goods or services."
Excluded from the Classes are the Judge and the Magistrate Judge
presiding over this action and members of their immediate families;
the Defendant and any entity in which the Defendant has a
controlling interest, or which has a controlling interest in
Defendant and its legal representatives, assigns and successors;
and all persons who properly execute and file a timely request for
exclusion from the Class.
On June 4, 2024, the Plaintiff visited SeaWorld Orlando, one of the
parks owned and/or operated by United Parks. The Plaintiff
purchased her ticket in person at the park's entrance and paid with
her card. The ticket receipt shows the ticket price of $139.99, a
"Service Fees" of $7.00, which are added to a subtotal, on which
taxes were calculated.
United is an American entertainment company.
A copy of the Plaintiff's motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9OWyB6 at no extra
charge.[CC]
The Plaintiff is represented by:
Scott D. Owens, Esq.
Andree Rozados-Quaresima, Esq.
SCOTT D. OWENS P.A.
2750 N. 29th Ave., Suite 209A
Hollywood, FL 33020
Telephone: (954) 589-0588
E-mail: scott@scottdowens.com
andree@scottdowens.com
- and -
Seth M. Lehrman, Esq.
LEHRMAN LAW
622 Banyan Trail, Suite 200
Boca Raton, FL 33431
Telephone: (754) 778-9660
E-mail: seth@lehrmanlaw.com
VALENTINA NIKITYUK: Jimenez Files Suit in N.Y. Sup. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Valentina Nikityuk.
The case is styled as Vanessa Jimenez, Juan Jose Giron, Ana Maria
Rosas Benitez, on behalf of themselves, individually, and on behalf
of all others similarly-situated v. Valentina Nikityuk, Case No.
E2026003630 (N.Y. Sup. Ct., Monroe Cty., Feb. 12, 2026).
The nature of suit is stated as Commercial - Other
(Employment).[BN]
The Plaintiffs are represented by:
Michael John Borrelli, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
1133 Westchester Ave,
White Plains, NY 10604
Phone: (914) 825-8620
VEGAS.COM LLC: Nixon Sues Over False Ads, Illegal Drip Pricing
--------------------------------------------------------------
MATTHEW NIXON, individually and on behalf of all others similarly
situated, Plaintiff v. VEGAS.COM, LLC, a Nevada Limited Liability
Company, Defendant, Case No. 26CV166294 (Cal. Super., Alameda Cty.,
January 22, 2026) is a consumer class action against Defendant
Vegas.com, LLC for alleged violations of the California False
Advertising Law and the Unfair Competition Law.
The Plaintiff brought this suit, individually, and on behalf of
other similarly situated California consumers who purchased hotel
accommodations, show tickets, tours, or other similar goods or
services on Defendant's website -- Vegas.com -- from January 22,
2022 through May 20, 2025.
According to the complaint, until May 2025, consumers purchasing
accommodations, show tickets, tours, and similar goods or services
on Vegas.com were lured to Defendant's online platform with
deceptively low headline prices. Once consumers engaged with the
site and began the checkout process, Vegas LLC imposed substantial,
mandatory fees-such as "service fees," "processing fees,"
"convenience fees," "delivery fees," and "resort charges" -- that
Vegas LLC revealed only during later stages of the checkout
process, after consumers had invested time, effort and cognitive
energy in the buying process.
The complaint asserts that Vegas LLC used deceptive design
practices to further impair consumers' ability to make informed
decisions. For example, its website employs deceptive design
techniques such as "urgency" and "scarcity" messaging to induce an
increasing sense of pressure and motivation to make a purchase
quickly, by creating the impression that there is limited
inventory, limited time offers, or high demand.
Vegas.com LLC sells hotel rooms, air + hotel packages, show
tickets, sports tickets, tours, attractions, and access to clubs in
Las Vegas and other destinations, on Vegas.com.[BN]
The Plaintiff is represented by:
Julian Hammond, Esq.
J. Mark Moore, Esq.
Polina Brandler, Esq.
Ari Cherniak, Esq.
HAMMONDLAW, P.C.
1201 Pacific Ave, 6th Floor
Tacoma, WA 98402
Telephone: (310) 807-1666
Facsimile: (310) 295-2385
E-mail: jhammond@hammondlawpc.com
mmoore@hammondlawpc.com
pbrandler@hammondlawpc.com
achemiak@hammondlawpc.com
VIKING ENTERPRISES: Cisneros Sues to Recover Unpaid Wages
---------------------------------------------------------
Blaine Cisneros and Demetrius Dollarhide, individually and for
others similarly situated v. VIKING ENTERPRISES, INC. d/b/a CITY
AMBULANCE SERVICE, Case No. 4:26-cv-01129 (S.D. Tex., Feb. 12,
2026), is brought under the Fair Labor Standards Act ("FLSA") to
recover unpaid wages and other damages from the Defendant.
The Plaintiffs and the other Hourly Employees regularly work more
than 40 hours in a workweek. But Viking does not pay them at least
1.5 times their regular rates of pay--based on all
remuneration--for all hours in excess of 40 each workweek. Instead,
Viking requires Plaintiffs and the other Hourly employees to
perform work such as attending meetings, responding to calls,
completing paperwork, coordinating ambulances, and other regular
job duties "off the clock" and without compensation. (Viking's "off
the clock work policy").
Viking likewise deducts approximately 2 hours from Plaintiffs and
the other Hourly Employees for "naps," during 24-hour shifts
working at Viking's facilities (Viking's "sleep deduction policy").
But Plaintiffs and the other Hourly Employees are required to
remain on call and on duty during these "naps," and they are
frequently interrupted by work duties, such as calls. Viking also
pays Plaintiffs and the other Hourly Employees non-discretionary
bonuses that it fails to include in these employees' regular rates
of pay for overtime purposes (Viking's "bonus pay scheme").
Viking's off the clock work policy, sleep deduction policy, and
bonus pay scheme violate the FLSA by failing to compensate
Plaintiffs and the other Hourly Employees at least 1.5 times their
regular rates of pay--based on all remuneration--for all hours
worked in excess of 40 in a workweek, says the complaint.
The Plaintiffs were employed as paramedics.
Viking touts itself as "leading the way in Texas healthcare
transportation since 2006 catering to the needs of Surgical
Hospitals, Hospital Emergency Departments, Behavioral Health
Hospitals, Free-Standing Emergency Centers."[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Olivia R. Beale, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
obeale@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
WAL-MART ASSOCIATES: Hendrickson Seeks to Certify Class Action
--------------------------------------------------------------
In the class action lawsuit captioned as MARK HENDRICKSON,
individually and on behalf of all similarly situated and/or
aggrieved employees of Defendants in the State of California, v.
WAL-MART ASSOCIATES, INC.; and DOES 1 THROUGH 50, inclusive, Case
No. 3:23-cv-00110-AJB-BJW (S.D. Cal.), the Plaintiff, on May 21,
2026, at 2:00 p.m., will move the Court, pursuant to Federal Rule
of Civil Procedure 23, as follows:
1. For an Order determining that the Class and Subclass meet the
Rule 23(a) pre-requisites.
2. For an Order certifying a Class Action pursuant to Rule
23(b)(3) on behalf of a Recovery Period Class consisting of:
"All current and former non-exempt employees of the Defendant
Wal-Mart Associates, Inc. who worked at the Defendant's El
Centro store location, and who the Defendant identified as
having worked outdoors during at least one shift from Dec.
14, 2018, through Dec. 31, 2025, during the summer
months—March to October—when temperatures were at and
exceeded 80 degrees Fahrenheit ("Recovery Period Class")."
3. For an Order certifying a Class Action pursuant to Rule
23(b)(3) on behalf of a Subclass consisting of:
"all members of the Recovery Period Class who received at
least one itemized wage statement for any time worked
outdoors at the Defendant's El Centro location from Dec. 14,
2021, through Dec. 31, 2025, during the summer months—March
to October—when temperatures were at or exceeded 80 degrees
Fahrenheit ("Wage Statement Subclass")."
4. For an Order appointing ARCH Legal, P.C., including attorney
Vilmarie Cordero, attorney of record for the Plaintiff, as
Class Counsel pursuant to Rule 23(g).
Wal-Mart is a subsidiary of Walmart Inc. that serves as the
employing entity for the company's workforce.
A copy of the Plaintiff's motion dated Feb. 6, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=RgUUle at no extra
charge.[CC]
The Plaintiff is represented by:
Vilmarie Cordero, Esq.
ARCH LEGAL, P.C.
3555 Fifth Avenue Suite 200
San Diego, CA 92103
Telephone: (619) 692-0800
Facsimile: (619) 692-0822
E-mail: vcordero@archlegal.com
WASHINGTON FINE: Class Cert Bid Filing in Branson Due May 4
-----------------------------------------------------------
In the class action lawsuit captioned as LISA BRANSON and CHERIE
BURKE, individually and on behalf of all other similarly situated,
v. WASHINGTON FINE WINE & SPIRITS, LLC, a Washington limited
liability company doing business as TOTAL WINE & MORE; and DOES
1-20, Case No. 2:24-cv-00589-JHC (W.D. Wash.), the Hon. Judge Chun
entered an order hat the deadlines for briefing in connection with
class certification shall be amended as follows:
event date
Deadline for the Plaintiffs to file May 4, 2026
their motion for class certification:
Deadline for the Defendant to file its June 3, 2026
response:
Deadline for the Plaintiffs to file June 18, 2026
their Reply:
Total is an American alcohol retailer founded and led by brothers
David and Robert Trone.
A copy of the Court's order dated Feb. 6, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Pp4FYj at no extra
charge.[CC]
The Plaintiffs are represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
EMERY | REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Telephone: (206) 442-9106
E-mail: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
- and -
Rebecca L. Solomon, Esq.
Kim D. Stephens, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Telephone: (206) 682-5600
E-mail: rsolomon@tousley.com
kstephens@tousley.com
The Defendants are represented by:
Malaika M. Eaton, Esq.
McNAUL EBEL NAWROT & HELGREN
PLLC
600 University Street, Suite 2700
Seattle, WA 98101
Telephone: (206) 467-1816
E-mail: meaton@mcnaul.com
- and -
William J. Murphy, Esq.
John J. Connolly, Esq.
ZUCKERMAN SPAEDER LLP
100 East Pratt Street, Suite 2440
Baltimore, MD 21202
Telephone: (410) 332-0444
E-mail: wmurphy@zuckerman.com
jconnolly@zuckerman.com
WEALTHPLAN TRADING: Buriek Sues Over Unsolicited Marketing Calls
----------------------------------------------------------------
STEVEN BURIEK, individually and on behalf of all those similarly
situated, Plaintiff v. WEALTHPLAN TRADING LLC, Defendant, Case No.
3:26-cv-00821-GPC-DDL (S.D. Cal., February 10, 2026) arises from
Defendant's alleged abusive telephone marketing practices that
violated the Telephone Consumer Protection Act of 1991.
On or about August 18, 2025 and November 29, 2024, the Defendant
made telephone solicitations to Plaintiff's cellular telephone. The
telephone solicitations were initiated at 7:15 AM and 7:01 AM in
Plaintiff's time zone. However, the Plaintiff never signed any type
of authorization permitting or allowing Defendant to send them
telephone solicitations before 8:00 AM or after 9:00 PM, says the
suit.
Headquartered in New York, WealthPlan Trading LLC provides
retirement planning, financial planning, estate planning, and more.
[BN]
The Plaintiff is represented by:
Gerald D. Lane Jr., Esq.
The Law Offices of Jibrael S. Hindi
1515 NE 26th Street
Wilton Manors, FL 33305
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
WILLIAMS TANK LINES: Garcia Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Williams Tank Lines,
LLC. The case is styled as Jose Ruben Lara Garcia, on behalf of
himself and others similarly situated v. Williams Tank Lines, LLC,
Case No. STK-CV-UOE-2026-0001057 (Cal. Super. Ct., San Joaquin
Cty., Feb. 11, 2026).
The case type is stated as "Unlimited Civil Other Employment."
Williams Tank Lines -- http://williamstanklines.com/-- is one of
the largest for hire bulk petroleum carriers in California.[BN]
The Plaintiff is represented by:
Amanda Fazio, Esq.
D.LAW, INC.
450 N. Brand Blvd., Ste. 840
Glendale, CA 91203-2920
Email: a.fazio@d.law
WM WHOLESALE: Hernandez Seeks Leave to File Clas Cert Under Seal
----------------------------------------------------------------
In the class action lawsuit captioned as JOSUE HERNANDEZ,
Individually and On Behalf of All Others Similarly Situated, v. WM
WHOLESALE, LLC, And AK FUTURES, LLC, Case No. 8:25-cv-02228-RGK-JDE
(C.D. Cal.), the Plaintiff asks the Court to enter an order
granting permission to file under seal the memorandum of points and
authorities and a declaration in support of motion for class
Certification.
Specifically, the Motion relies on Vando's
confidentially-designated documents and data produced to Plaintiff,
which involves Vando's sensitive and internal data regarding the
number of consumers that purchased Products that Vando has
designated as "ATTORNEYS' EYES ONLY."
The consumer class action arises from Defendants' sale of
mislabeled "Cake" brand delta-8 and delta-10 tetrahydrocannabinol
(THC) vape cartridges and disposable devices. Despite being
marketed as lawful hemp derivatives, the Products are actually
marijuana and a Schedule I controlled substance under federal law
due to their delta-9 THC concentration exceeding 0.3%.
WM is a wholesaler of commercial hemp vaping products.
A copy of the Plaintiff's motion dated Feb. 5, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=8qhgNC at no extra
charge.[CC]
The Plaintiff is represented by:
Joel D. Smith, Esq.
Aleksandr "Sasha" Litvinov, Esq.
Yeremey O. Krivoshey, Esq.
Brittany S. Scott, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street, 5th Floor, Ste. 1520
Boston, MA 02116
Telephone: (617) 377-7404
E-mail: joel@skclassactions.com
sasha@skclassactions.com
yeremey@skclassactions.com
brittany@skclassactions.com
- and -
Abbas Kazerounian, Esq.
Pamela Prescott, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Telephone: (949) 612-9999
E-mail: ak@kazlg.com
pamela@kazlg.com
WM WHOLESALE: Hernandez Suit Seeks Class Certification
------------------------------------------------------
In the class action lawsuit captioned as JOSUE HERNANDEZ,
individually and on behalf of all others similarly situated, v. WM
WHOLESALE, LLC, and AK FUTURES, LLC, Case No. 8:25-cv-02228-RGK-JDE
(C.D. Cal.), the Plaintiff, on March 9, 2026, at 9:00 a.m., will
move the Court for an order granting his motion to certify the
classes, appoint Mr. Hernandez as class representative, and appoint
Smith Krivoshey, PC and Kazerouni Law Group APC as class counsel.
The Plaintiff seeks certification of a damages class under Rule
23(b)(3) and an injunctive relief class under Rule 23(b)(2). Both
classes are defined as follows:
"All persons nationwide who purchased the Defendants' Products
on delta8resellers.com from Nov. 21, 2021, through Feb. 1,
2026."
The damages class seeks full refund damages and certification of
claims under California's Unfair Competition Law, California's
Consumer Legal Remedies Act, and for unjust enrichment and fraud by
omission / intentional misrepresentation.
The injunctive relief subclass seeks certification of the UCL and
CLRA claims under Rule 23(b)(2) for purposes of injunctive relief.
WM is a wholesaler of commercial hemp vaping products.
A copy of the Plaintiff's motion dated Feb. 5, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fc4gER at no extra
charge.[CC]
The Plaintiff is represented by:
Joel D. Smith, Esq.
Aleksandr "Sasha" Litvinov, Esq.
Yeremey O. Krivoshey, Esq.
Brittany S. Scott, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street, 5th Floor, Ste. 1520
Boston, MA 02116
Telephone: (617) 377-7404
E-mail: joel@skclassactions.com
sasha@skclassactions.com
yeremey@skclassactions.com
brittany@skclassactions.com
- and -
Abbas Kazerounian, Esq.
Pamela Prescott, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Telephone: (949) 612-9999
E-mail: ak@kazlg.com
pamela@kazlg.com
WORLD BOXING: Pretrial Scheduling Order Entered in Habazin Suit
---------------------------------------------------------------
In the class action lawsuit captioned as IVANA HABAZIN, et al., v.
WORLD BOXING ASSOCIATION, et al., Case No. 9:25-cv-81115-DMM (S.D.
Fla.), the Hon. Judge William Matthewman entered a pretrial
scheduling order and order referring case to mediation.
This case is set for trial during the two-week trial period
commencing Nov. 2, 2026, at 9:00 a.m., with a calendar call set for
Oct. 28, 2026, at 1:15 p.m.
The parties shall adhere to the following schedule, which shall not
be modified absent compelling circumstances. Any motions to modify
this schedule shall be directed to the attention of U.S. District
Judge Donald M. Middlebrooks.
Feb.19, 2026 Discovery plan shall be filed.
Apr. 30, 2026 Joinder of additional Parties and amend
pleadings.
May 14, 2026 Any motions for class certification shall be
filed.
Aug. 20, 2026 All discovery shall be completed.
A copy of the Court's order dated Feb. 5, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=a3Cc2Y at no extra
charge.[CC]
WOUND TECHNOLOGY: Parties in Uribe Must Confer Class Cert Deadlines
-------------------------------------------------------------------
In the class action lawsuit captioned as Uribe v. Wound Technology
Network, Inc., Case No. 6:26-cv-00284 (M.D. Fla., Filed Feb. 4,
2026), the Hon. Judge Paul G. Byron entered an order directing the
parties to confer regarding deadlines pertinent to a motion for
class certification and advise the Court of agreeable deadlines in
their case management report.
The deadlines should include a deadline for (1) disclosure of
expert reports - class action, plaintiff and defendant; (2)
discovery - class action; (3) motion for class certification; (4)
response to motion for class certification; and (5) reply to motion
for class certification.
The nature of suit states Diversity-Breach of Contract.
The Defendant is a provider of advanced wound care and chronic
wound management services.[CC]
YI STAR LLC: Fails to Provide Proper Wages, Mou Says
----------------------------------------------------
DAXING MOU, and ZANLIAN WANG, Plaintiffs v. YI STAR LLC d/b/a
Dallas Spicy Chinese Cuisine d/b/a Dallas Panda Chinese Cuisine
d/b/a Sichuan Joy d/b/a O My Baobao d/b/a Oh My Baobao d/b/a Hawaii
Poke & Boba, DALLAS PANDA CHINESE CUISINE LLC d/b/a Dallas Spicy
Chinese Cuisine, YI LI, and JINLUN LI a/k/a Patrick Li, Defendants,
Case No. 4:26-cv-00149 (E.D. Tex., February 9, 2026) is an action,
on behalf of the Plaintiffs and others similarly situated against
the Defendants for violation of the Fair Labor Standards Act
arising from alleged various willful, malicious, and unlawful
employment policies, patterns, and/or practices.
The Defendants violated federal law by failing to pay Plaintiffs at
least the federal minimum wage for each hour worked and failing to
pay at one-half times the greater of the federal minimum wage and
regular hourly wage for hours worked in excess of 40 hours per
week, asserts the complaint.
Plaintiff Mou was employed by Defendants to work as a so-called
"fry wok," (i.e., a stir-fry cook) at Sichuan Joy from April 28,
2025 through August 10, 2025; and at 369 BBQ from on or about
August 11, 2025 through on or about September 8, 2025.
YI Star LLC is a domestic limited liability company engaged in
restaurant business with principal places of business in Watauga,
Texas.[BN]
The Plaintiffs are represented by:
Tiffany Troy, Esq.
Aaron B. Schweitzer, Esq.
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
Facsimile: (718) 762-1342
E-mail: troylaw@troypllc.com
[^] Register Now for 2026 Class Action Money & Ethics Conference!
-----------------------------------------------------------------
Mark your calendar for the 10th Annual Class Action Money & Ethics
Conference, presented by Beard Group, Inc. #CAME2026 will be held
May 20-21, 2026, at The Harmonie Club, in New York City.
This exclusive in-person gathering brings together the industry's
top professionals to explore the latest trends, challenges, and
opportunities in class action litigation. #CAME2026 features:
Insightful keynote presentations from leading experts
Dynamic live panel discussions tackling cutting-edge issues
Valuable networking opportunities with peers and influencers
This year's event kicks off with the Opening Night Cocktail
Reception on May 20th from 5:00–7:00 p.m.
Whether you're a plaintiff attorney, defense counsel, funder, or
industry stakeholder, this is the must-attend event of the year for
staying ahead in class action practice. Register today and secure
your spot at this value-packed conference!
Click here --
https://www.classactionconference.com/2025-video-replays.html --
for the 2025 conference videos, available to purchase and
download.
Last year's confab was sponsored by:
Major Sponsors:
Atticus
Claimscore
Duane Morris
Esquire Bank
Labaton Keller Sucharow
SMIaware
Tremendous
Patron Sponsors:
AB Data
Darrow
Miller Kaplan
Supporting Sponsors:
EisnerAmper
Verita
Media Partners:
Class Action Insight
PacerMonitor
Contact Will Etchison at 305-707-7493 or will@beardgroup.com, or
visit https://www.classactionconference.com/ for more information.
CLE accreditation will be submitted upon request -- details
available on the website.
*********
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