260311.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, March 11, 2026, Vol. 28, No. 50
Headlines
AMAZON.COM INC: Class Cert Bid in Cross Suit Amended to Nov. 19
ANGEL QUIROS: Baltas Bid for Class Certification Tossed
APPLE INC: Seeks Leave to Submit Class Cert. Bid Response
ARSH LANDMARK: Bid to Certify FSLA Collective Action Partly OK'd
BOTTLES KINDRED: Acosta Seeks More Time to File Opposition Reply
BRYN MAWR: De Camara Seeks to Modify Scheduling Order
BRYN MAWR: De Camara's Bid to Amend Class Complaint Tossed
CALIBRATED HEATLHCARE: $1.7MM Class Settlement Gets Initial Nod
CHARTER COMMUNICATIONS: Court Narrows Claims in "Grimm" FLSA Suit
CIRCLE K: Pilkington Suit Removed to S.D. Cal.
CONCORA CREDIT: Class Cert. Bid Filing in Seals Due July 17
DOLLAR TREE: April 2 Class Cert Hearing in Godines Vacated
EIGHTFOLD AI: Kistler Class Suit Removed to N.D. Cal.
EXPERIAN INFORMATION: Court Grants Motion to Vacate Stay in "Young"
GERARD VAN DE POL: Bid to Prohibit Class Cert Opposition Nixed
GOLDMAN SACHS: Continues to Defend Currencies-Related Class Suit
GOLDMAN SACHS: Continues to Defend F45 Training Securities Suit
GOLDMAN SACHS: Continues to Defend Figs Inc. Securities Suit
GOLDMAN SACHS: Continues to Defend Ibotta Securities Class Suit
GOLDMAN SACHS: Continues to Defend SVB Securities Class Suit
HD SUPPLY: Perez Class Suit Removed to N.D. Cal
HEALTH CARE: Rutherford Seeks to Certify Class
HEATHER HILL: Hall Suit Seeks Rule 23 Class Certification
HUNTER WARFIELD: Bid to Certify Class in Blizzard Tossed as Moot
JM SMUCKER: Ringler Suit Seeks to Certify Two Classes
KENVUE INC: Mitchell Class Action Tossed
KETTLE AND FIRE: NY Court Grants Transfer of "Walker" to Florida
KRISTI NOEM: Must Release Rodas from Detention
KROGER CO: Does Not Properly Pay Workers, Cherepennikova Says
LOCKTON CO: Court Modifies Case Schedule
MASCOT PECAN: Flores Suit Seeks to Certify Rule 23 Class
MENASHA GLOBAL: Rosas Class Suit Removed to C.D. Cal.
MIKE LEWIS: Must Release Hipolito from Detention
PERFORMANCE GOLF: Carter Sues Over Automatic Subscription Renewal
PORSCHE CARS: Bauser has Until March 13 to File Class Cert Reply
PRUDENTIAL INSURANCE: Court Continues Class Cert Hearing
SCOTT BESSENT: Court Dismisses "Tunsill" Suit
SIX FLAGS: Plaintiff's Bid to File Sealed Docs Partly OK'd
TEXTRON AVIATION: Toxic Spill Suit Referred to Bankruptcy Court
UNITED STATES: Mendoza Bid to Amend Judgment Tossed
UNIVERSAL NAVIGATION: Court Tosses All State Law "Risley" Claims
WESTHAB INC: Lowther Seek Conditional Cert of Collective Action
WHITE CAP: Lobdell's Bid to Certify Class Tossed
WHOOP INC: Court Seals Key Summary Judgment Docs in "Sanderson"
WICKED TACO: Gonzalez Suit Seeks Rule 23 Class Certification
WL GORE: Wolf Bid to File Third Amended Complaint Tossed
X CORP: Court Dismisses Second Amended Complaint
X CORP: Must Oppose White Coat Class Cert Bid by March 25
X CORP: White Coat Seeks to Certify Twitter Vendor Class
X CORP: White Coat Seeks to File Class Cert Bid Under Seal
*********
AMAZON.COM INC: Class Cert Bid in Cross Suit Amended to Nov. 19
---------------------------------------------------------------
In the class action lawsuit captioned as Cross, et al v. Amazon.com
Inc., et al., Case No. 1:23-cv-02099 (D. Colo., Filed Aug. 17,
2023), the Hon. Judge Nina Y. Wang entered an order granting Second
Stipulated Motion Amend the Case Scheduling Order
by Magistrate Judge Susan Prose on Feb. 24, 2026.
The Scheduling Order is amended as follows:
-- Deadline for Service of Written Discovery: May 20, 2026
-- Fact Discovery cut-off: July 6, 2026
-- Affirmative Experts Disclosures: Aug. 14, 2026
-- Rebuttal Experts Disclosures: Sept. 15, 2026
-- Expert Discovery cut-off: Oct. 13, 2026
-- Motion for Class Certification: Nov. 19, 2026
The nature of suit states Civil Rights -- Employment.
Amazon.com is an online retailer that offers a wide range of
products.[CC]
ANGEL QUIROS: Baltas Bid for Class Certification Tossed
-------------------------------------------------------
In the class action lawsuit captioned as Baltas, et al v. Angel
Quiros, et al., Case No. 3:25-cv-01645 (D. Conn., Filed Oct. 2,
2025), the Hon. Judge Victor A. Bolden entered an order denying
motion to appoint counsel, denying motion to certify class, denying
motion for leave to proceed in forma pauperis, and granting motion
to expedite.
The Court grants the motion for an expedited ruling. Mr. Baltas
argues that the Court should grant his renewed motion to proceed in
forma pauperis because he "has routinely been granted IFP," even
when a court initially denied the motion, and because he "received
funds from his family to repurchase items of personal property that
are a necessity of life."
Mr. Baltas, however, has not attached any new trust account
statement. In the absence of new financial information, the renewed
motion must be denied for the same reason as his prior motion.
Accordingly, the Court denies the renewed motion for leave to
proceed in forma pauperis . Mr. Baltas has until March 27, 2026. to
pay the filing fee, otherwise his case may be dismissed.
The motion for class action certification is denied until the
filing fee is paid.
The nature of suit states Prisoner Petitions -- Habeas Corpus --
Civil Rights.[CC]
APPLE INC: Seeks Leave to Submit Class Cert. Bid Response
---------------------------------------------------------
In the class action lawsuit captioned as JANE DOE, by and through
next friend JOHN DOE, RICHARD ROBINSON, YOLANDA BROWN, JONATHAN
LEBLOND, PATRICIA ORRIS, ANGELA STEVENS, JESSICA JACKSON, MELISSA
OATMAN, JUSTIN REVELO, AND TAYLOR VALL on behalf of themselves and
all other persons similarly situated, known and unknown, v. APPLE
INC., Case No. 3:20-cv-00421-NJR (S.D. Ill.), the Defendant asks
the Court to enter an order granting the motion for leave to submit
a response to the Plaintiffs' supplemental authority regarding the
Plaintiffs' motion for class certification.
Because Zaluda dealt with different technology, none of these
questions were before the court in that case, which cannot possibly
resolve or even bear upon whether Plaintiffs here can satisfy
predominance or any other Rule 23 factor required for
certification.
Apple is an American multinational technology company.
A copy of the Defendant's motion dated Feb. 25, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=5jlMfs at no extra
charge.[CC]
The Defendant is represented by:
Purvi G. Patel, Esq.
Emma Burgoon, Esq.
Katie Viggiani, Esq.
Tiffani B. Figueroa, Esq.
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
Telephone: (213) 892-5200
E-mail: PPatel@mofo.com
EBurgoon@mofo.com
KViggiani@mofo.com
TFigueroa@mofo.com
ARSH LANDMARK: Bid to Certify FSLA Collective Action Partly OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as MIGUEL ZEPEDA SANCHEZ, on
behalf of himself, FLSA Collective Plaintiffs, and the Class, v.
ARSH LANDMARK GENERAL CONSTRUCTION CORP., GARIB TANEJA, and
MUHAMMAD SABIR, Case No. 1:25-cv-00632-DEH-SLC (S.D.N.Y.), the Hon.
Judge Cave entered an order granting in part and denying in part as
follows:
(1) Pursuant to 29 U.S.C. section 216(b), the Court
conditionally certifies this action as a collective action
comprised of the Collective, i.e., all non-exempt employees,
including all bricklayers, laborers, helpers, and other
construction workers, whom Defendants employed on or after
Jan. 22, 2022, to the present.
(2) The parties shall promptly meet and confer regarding
Court-ordered changes to the Proposed Notice and by March
11, 2026, submit the Revised Notice for the Court's review
and approval.
(3) By March 11, 2026, Defendants shall produce the Contact
Information for members of the Collective.
(4) Sanchez's request for equitable tolling is denied without
prejudice to any individual plaintiff's ability to request
tolling on a showing that it applies to that plaintiff's
particular circumstances.
The Court finds that Sanchez has met his burden to show that he is
similarly situated to other non-exempt employees, including
bricklayers, laborers, helpers, and other construction workers,
whom Defendants employed on or after Jan. 22, 2022 (the
"Collective"), i.e., three years before the filing of the
Complaint, a shorter period than the Proposed Collective.
Therefore, conditional certification of this more limited
Collective than the Proposed Collective is warranted.
The Plaintiff Sanchez filed this putative class and collective
action seeking to recover unpaid overtime wages and related relief
under the Fair Labor Standards Act (FLSA), and the New York Labor
Law (NYLL), against his former employers.
Arsh is a construction company that specializes in "building brick
walls" at residential and commercial sites around New York City.
A copy of the Court's opinion and order dated Feb. 24, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=d19KwC
at no extra charge.[CC]
BOTTLES KINDRED: Acosta Seeks More Time to File Opposition Reply
----------------------------------------------------------------
In the class action lawsuit captioned as OMAR E. ROMERO-ACOSTA, v.
BOTTLES, KINDRED SPIRITS INC., AND RICHARD GONSALVES, Case No.
3:23-cv-01163-JAG-GLS (D.P.R.), the Plaintiff asks the Court to
enter an order granting him a ten-day extension of time to reply to
the Defendants' opposition to class certification.
The plaintiffs request that this Court grant the requested
extension of time from the present due date (February 27th) until
March 9, 2026, to present the Reply to defendants' opposition to
class certification.
This extension is needed to attend to certain health matters which
were put off in the last month, due to excessive work on this case.
The undersigned has several health matters to attend to in the next
week, which will not permit her to engage in substantial further
efforts with respect to the instant case.
Bottles refers to an upscale restaurant.
A copy of the Plaintiff's motion dated Feb. 25, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VThRTf at no extra
charge.[CC]
The Plaintiff is represented by:
Judith Berkan, Esq.
BERKAN/MENDEZ
O'Neill St. G-11
San Juan, PR 00918-2301
Telephone: (787) 764-0814
Facsimile: (787) 250-0986
E-mail: berkanmendez@gmail.com
berkanj@microjuris.com
BRYN MAWR: De Camara Seeks to Modify Scheduling Order
-----------------------------------------------------
In the class action lawsuit captioned as LAUREN DE CAMARA, ESENIA
BAÑUELOS, and HOPE RICHARDS-CORDELL, individually and on behalf of
all others similarly situated, v. BRYN MAWR COLLEGE and THE BOARD
OF TRUSTEES OF BRYN MAWR COLLEGE, Case No. 2:25-cv-02287-MAK (E.D.
Pa.), the Plaintiffs ask the Court to enter an order modifying the
Scheduling Order entered Oct. 15, 2025.
The Plaintiffs request that the Court modify the scheduling order
as follows (a) extend the deadline for completion of all expert and
factual discovery to July 25, 2026; (b) set a deadline for the
Plaintiffs' class certification motion of March 31, 2026; (c)
establish a schedule for expert reports and rebuttal reports; (d)
set a new trial date of Oct.5, 2026; and (e) adjust all dependent
deadlines accordingly.
Bryn Mawr is a long-standing institution of post-secondary school
education.
A copy of the Plaintiffs' motion dated Feb. 24, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ZGW3L1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Eden P. Quainton, Esq.
QUAINTON LAW, PLLC
2 Park Ave., 20th Fl.
New York, NY 10016
Telephone: (212) 419-0575
E-mail: eden.quainton@quaintonlaw.net
- and -
Samantha F. Green, Esq.
SIDKOFF, PINCUS & GREEN, P.C.
1101 Market Street, Suite 2700
Philadelphia, PA 19107
Telephone: (215) 574-0600
Facsimile: (215) 574-0310
E-mail: sgreen@sidkoffpincusgreen.com
BRYN MAWR: De Camara's Bid to Amend Class Complaint Tossed
----------------------------------------------------------
In the class action lawsuit captioned as LAUREN DE CAMARA, ESÉNIA
BAÑUELOS, HOPE RICHARDS CORDELL v. BRYN MAWR COLLEGE, THE BOARD OF
TRUSTEES OF BRYN MAWR COLLEGE, Case No. 2:25-cv-02287-MAK (E.D.
Pa.), the Hon. Judge Kearney entered an order as follows:
1. Denying the Plaintiffs' motion to amend their complaint as
noncompliant with the Policies requiring they attach a
redlined and clean versions of their proposed latest amended
Complaint; and
2. Granting the Defendants leave to respond to the Plaintiffs'
motion to modify by no later than Feb. 26, 2026.
Bryn Mawr is a private women's liberal arts college in Bryn Mawr,
Pennsylvania.
A copy of the Court's order dated Feb. 24, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZabjHJ at no extra
charge.[CC]
CALIBRATED HEATLHCARE: $1.7MM Class Settlement Gets Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as BRANDI ADAMS, and TREVOR
HOLDEN, individually and on behalf of all others similarly
situated, v. CALIBRATED HEATLHCARE SYSTEMS, LLC, a California
limited liability company, and CALIBRATED HEALTHCARE, LLC, a
California limited liability company, Case No.
8:24-cv-01754-JWH-KES (C.D. Cal.), the Hon. Judge Holcomb entered
an order granting plaintiffs' motion for preliminary approval of
class action settlement:
1. The Motion for preliminary approval of class action
settlement is granted.
2. The settlement agreement is preliminarily approved.
3. The following class is certified for settlement purposes
only:
"The approximately 34,562 persons identified on the
Settlement Class List, including the Plaintiffs, whose
confidential information may have been compromised as a
result of the Data Breach."
Excluded from the Settlement Classes are: (1) the Judges
presiding over the Action, members of their families, and
staff; (2) the Defendants, their subsidiaries, parent
companies, successors, predecessors, and any entity in which
the Defendants or their parents have a controlling interest
and their current or former officers, and directors; (3)
individuals who properly execute and submit a procedurally
proper and timely Request for Exclusion prior to the
expiration of the Opt-Out Period; and (4) any person found by
a court of competent jurisdiction to be guilty under criminal
law of initiating, causing, aiding or abetting the criminal
activity occurrence of the Data Breach, or who pleads nolo
contendere to any such charge.
4. The Plaintiffs Brandi Adams and Travor Holden are appointed
as class representatives for the settlement class.
5. Attorney Daniel S. Robinson of Robinson Calcagnie, Inc. and
attorney Todd S. Garber of Finkelstein, Blankinship,
Frei-Pearson & Garber, LLP are appointed as Class Counsel.
6. A final approval hearing is set for Aug. 13, 2026.
7. The Status Conference currently set for Feb. 27, 2026, is
vacated.
The Court finds that costs, risks, and delays of continuing
litigations favor settlement. Even though Plaintiffs believe that
their position is strong, class action litigation is expensive and
complex, and there are still many underlying uncertainties.
The Plaintiffs and Class Counsel’s current estimation, which is
not opposed by Defendants, of the total value of the settlement
benefits offered to the Settlement Class is $27,184,332.60.
Settlement Value includes the $1,750,000.00 Settlement Fund;
$24,804,832.60 in value for the provided Medical Monitoring service
(after deducting the cost of providing that benefit); and
$630,000.00 in remedial measures by Defendants.
Calibrated is a healthcare administrative and management company.
A copy of the Court's order dated Feb. 24, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zUWtaV at no extra
charge.[CC]
CHARTER COMMUNICATIONS: Court Narrows Claims in "Grimm" FLSA Suit
-----------------------------------------------------------------
In the case captioned as DANIELLE GRIMM, on behalf of herself and
others similarly situated, Plaintiff, v. CHARTER COMMUNICATIONS,
LLC, Defendant, Case No. 1:25-cv-00603 (AMN/PJE) (N.D.N.Y.), Judge
Anne M. Nardacci of the United States District Court for the
Northern District of New York denied Defendant's partial motion to
dismiss the Amended Complaint.
Plaintiff, an Inbound Sales Supervisor at Charter's Albany office
since 2013, alleged Defendant violated the Fair Labor Standards
Act, the New York Labor Law, the Family and Medical Leave Act,
Section 1981 of the Civil Rights Act, and the New York State Human
Rights Law. Plaintiff brought a collective action under Section
216(b) of the FLSA on behalf of salaried call center supervisors,
facilitators, and representatives employed by Defendant on or after
May 13, 2022.
Defendant moved to dismiss on three grounds: (i) failure to
identify similarly situated employees; (ii) insufficient collective
action allegations; and (iii) failure to identify a specific
workweek exceeding forty hours. Defendant also sought to limit the
statute of limitations to two years, arguing Plaintiff failed to
plead willful violations.
The Court denied the motion. Defendant's arguments regarding the
collective action were premature at the motion to dismiss stage.
Plaintiff adequately identified the group of employees, the
relevant time period, and the common policy prohibiting reporting
of actual hours on timesheets. On the overtime claim, Plaintiff
plausibly alleged working more than forty hours per week based on
five nine-hour shifts plus five to twenty additional weekly hours.
On willfulness, the Court found Plaintiff's bare allegations
insufficient. Accordingly, the Court granted Plaintiff leave to
file a second amended complaint within thirty days to plead
additional facts regarding willfulness.
A copy of the Court's Decision is available at
https://urlcurt.com/u?l=GclXUk from PacerMonitor.com
Defendant Charter Communications, LLC Represented By:
Scott Budow
Laura M. Jordan
Thompson Coburn LLP
ljordan@thompsoncoburn.com
Plaintiff Danielle Grimm Represented By:
Daniel M. Kirschenbaum
Leah Seliger
Joseph & Kirschenbaum LLP
leah@jk-llp.com
CIRCLE K: Pilkington Suit Removed to S.D. Cal.
----------------------------------------------
The case styled as SAVANA PILKINGTON, SYLVIA HERNANDEZ, CINDY
CUNNINGHAM, and MARILYN RYCHART, individuals and in their capacity
as the State of California's designated proxies under the Private
Attorneys General Act (PAGA) and on behalf of others, Plaintiffs v.
CIRCLE K STORES, INC.; a Texas corporation; and DOES 1 through 10,
inclusive, Defendants, Case No. 25CU058108C, was removed from the
Superior Court of California, County of San Diego to the United
States District Court for the Southern District of California on
March 2, 2026.
The District Court Clerk assigned Case No. 3:26-cv-01327-RBM-SBC to
the proceeding.
The Plaintiff's complaint asserts causes of action for failure to
pay state minimum/regular/local wages; failure to pay overtime;
failure to pay all wages due upon separation of employment; failure
to provide meal periods or premium pay in lieu thereof; and failure
to provide accurate itemized wage statements.
Circle K Stores, Inc. owns and operates convenience stores.
DOES 1 through 10 are defendants with fictitious names.[BN]
Defendant Circle K Stores, Inc. is represented by:
Maria C. Rodriguez, Esq.
Elvira R. Kras, Esq.
Alexander Randolph, Esq.
MCDERMOTT WILL & SCHULTE LLP
2049 Century Park East, Suite 3200
Los Angeles, CA 90067-3206
Telephone: (310) 277-4110
E-mail: mcrodriguez@mcdermottlaw.com
ekras@mcdermottlaw.com
arandolph@mcdermottlaw.com
CONCORA CREDIT: Class Cert. Bid Filing in Seals Due July 17
-----------------------------------------------------------
In the class action lawsuit captioned as ALEXIS SEALS, on behalf of
herself and others similarly situated, v. CONCORA CREDIT INC., Case
No. 3:25-cv-00728-AN (D. Or.), the Parties ask the Court to enter
an order granting their motion to extend class certification
deadlines, requesting extensions of ten weeks as follows:
Deadline
Expert disclosures in support of class May 8, 2026
certification:
Expert disclosures in opposition to June 5, 2026
class certification:
Class certification motion filing: July 17, 2026
These extensions will allow the parties to attend mediation and
work toward a resolution before devoting significant additional
resources to expert discovery and complex motion practice, in terms
of not only attorney hours but also related expert fees.
The Plaintiff filed her class action complaint on May 1, 2025.
The Defendant provides consumer financing solutions.
A copy of the Parties' motion dated Feb. 24, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=e7iTS9 at no extra
charge.[CC]
The Plaintiff is represented by:
Kenneth P. Dobson, Esq.
DOBSON LAW OFFICE, LLC
324 S. Abernethy Street
Portland, OR 97239
Telephone: (971) 717-6582
E-mail: kdobson@pdxlandlaw.com
- and -
Jesse S. Johnson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826-5477
E-mail: jjohnson@gdrlawfirm.com
The Defendant is represented by:
Robert E. Sabido, Esq.
SABIDO LAW, LLC
8215 SW Tualatin Sherwood Rd, Ste 218
Tualatin, OR 97062
Telephone: (971) 302-6236
Facsimile: (503) 974-1673
E-mail: robert@sabidolawllc.com
- and -
Genevieve Walser-Jolly, Esq.
WOMBLE BOND DICKINSON (US) LLP
400 Spectrum Center Drive, Suite 1700
Irvine, CA 92618
E-mail: Genevieve.Walser-Jolly@wbd-us.com
DOLLAR TREE: April 2 Class Cert Hearing in Godines Vacated
----------------------------------------------------------
In the class action lawsuit captioned as Godines v. Dollar Tree
Stores, Inc., Case No. 2:25-cv-01743 (E.D. Cal., Filed June 20,
2025), the Hon. Judge Troy L. Nunley entered an order vacating
hearing set for April 2, 2026.
On the Court's own motion, the Defendant's motion to deny class
certification is submitted without oral argument.
If the Court determines oral argument is necessary, it will be
scheduled at a later date. The Defendant may still file a reply by
March 13, 2026, in accordance with the Court's Order.
The nature of suit states Labor Management.
Dollar Tree is an American multi-price-point chain of discount
variety stores.[CC]
EIGHTFOLD AI: Kistler Class Suit Removed to N.D. Cal.
-----------------------------------------------------
The case styled as ERIN KISTLER and SRUTI BHAUMIK, on behalf of
themselves and all those similarly situated, Plaintiffs vs.
EIGHTFOLD AI INC., Defendant, Case No. C26-00214, was removed from
the Superior Court of California, County of Contra Costa to the
United States District Court for the Northern District of
California on March 2, 2026.
The District Court Clerk assigned Case No. 3:26-cv-01768 to the
proceeding.
In this complaint, the Plaintiff alleges that the Defendant uses
hidden Artificial Intelligence ("AI") technology to collect
sensitive and often inaccurate information about unsuspecting job
applicants and to score them from 0 to 5 for potential employers
based on their supposed "likelihood of success" on the job, in
violation of the California Investigative Consumer Reporting
Agencies Act and the California Unfair Competition Law.
Defendant Eightfold Inc. is a technology company that provides an
AI-powered platform for talent acquisition and talent management to
employers. Employers integrate the platform into their own HR
infrastructure--much as they would any other enterprise
software--to support hiring, internal mobility, workforce planning,
and career-development.[BN]
The Defendant is represented by:
Alicia A. Baiardo, Esq.
MCGUIRE WOODS LLP
Two Embarcadero Center
201 Clay Street, Suite 1300
San Francisco, CA 94111
Telephone: 415-844-9944
E-mail: abaiardo@mcguirewoods.com
- and -
Nicholas Hoffman, Esq.
MCGUIRE WOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067-1501
Telephone: 310-315-8200
E-mail: nhoffman@mcguirewoods.com
- and -
Jeffrey Paul Ehrlich, Esq.
Jonathan Y. Ellis, Esq.
Grace G. Simmons, Esq.
MCGUIRE WOODS LLP
888 16th Street NW, Suite 500
Washington, D.C. 20006
Telephone: 202-857-1700
E-mail: jehrlich@mcguirewoods.com
jellis@mcguirewoods.com
gsimmons@mcguirewoods.com
EXPERIAN INFORMATION: Court Grants Motion to Vacate Stay in "Young"
-------------------------------------------------------------------
In the case captioned as Meghan Young, individually and on behalf
of all others similarly situated,vs. Experian Information
Solutions, INC., Civil Action No. 23-3312 (MAS)(RLS) Judge Michael
A. Shipp of the United States District Court of New Jersey granted
Plaintiff's Motion to Vacate Stay and Reopen the Case. The Court
ruled that the Defendant shall have thirty days from the date of
this Memorandum Order to answer or otherwise respond to Plaintiff's
Complaint.
Plaintiff initiated the action by filing a Complaint against
Defendant alleging a violation of the Fair Credit Reporting Act, 15
U.S.C.section 1681 (the " FCRA").
In July 2023, Defendant moved to compel arbitration and stay the
action based on separate Credit Works Terms of Use Agreement
between the parties, arguing that "(1) a valid agreement to
arbitrate existed and (2) the arbitration agreement encompassed the
claims at issue. On Oct 23, 2023, the Court denied Defendant's
motion without prejudice and directed the parties to engage in
discovery on the narrow issue of whether an agreement to arbitrate
exists .
Defendant appealed and the Third Circuit vacated this Court's
decision and remanded.
The Court subsequently issued an Order implementing the Third
Circuit's judgment and granting Defendant's motion to compel
arbitration and stay the matter. The parties attended arbitration
where the arbitrator found that the claim was not subject to
arbitration and dismissed the arbitration.
Plaintiff then filed the Motion to Vacate Stay and Repopen the
Case. Defendant filed a Notice of Non-Opposition to Plaintiff's
Motion.
A copy of the Court's Memorandum Order is available at
https://urlcurt.com/u?l=rS7pUw from PacerMonitor.com
GERARD VAN DE POL: Bid to Prohibit Class Cert Opposition Nixed
--------------------------------------------------------------
In the class action lawsuit captioned as JUAN VILLALOVOS-GUTIERREZ,
et al., v. GERARD VAN DE POL, et al., Case No.
2:24-cv-02305-DJC-CKD (E.D. Cal.), the Hon. Judge Carolyn K.
Delaney entered an order denying without prejudice the request for
an order prohibiting defendant from opposing Rule 23 class
certification.
The Denial of the request is without prejudice to plaintiffs filing
a properly noticed motion should defendants continue to not meet
their discovery obligations.
1. The Plaintiff's motion for an order to show cause why the
defendant G& H Dairy should not be held in contempt is
denied.
2. The undersigned reserves ruling on plaintiffs' request for
attorney fees for their initial motion to compel, subject to
the plaintiffs filing a properly noticed and supported motion
within 30 days after receipt of complete discovery responses
ordered in the Dec. 3, 2025 order.
3. Within 7 days of the date of this order, the defendant shall
show cause in writing on the docket why monetary sanctions
should not be imposed against the defendant and/or the
defendant's counsel for repeated citation to fictitious or
non-existent cases; in addition, the defendant shall respond
to the plaintiffs' assertion that the defendant has produced
improperly redacted records and shall give the status of
production of documents ordered produced in the court's Dec.
3, 2025 order, including what production defendant has made
since the defendant's opposition filed on Feb. 4, 2026, and a
timeline for complete production if complete production has
not been made.
The Plaintiffs do not propose any specific facts the court should
order established. Their request for this relief is therefore
insufficient and denied without prejudice.
The Plaintiffs are former dairy workers alleging violations of
federal and state employment and housing laws.
A copy of the Court's order dated Feb. 24, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hwd4ut at no extra
charge.[CC]
GOLDMAN SACHS: Continues to Defend Currencies-Related Class Suit
----------------------------------------------------------------
The Goldman Sachs Group, Inc. disclosed in its Form 10-K Report for
the quarterly period ending December 31, 2025 filed with the
Securities and Exchange Commission on February 25, 2026, that the
Company continues to defend itself from the foreign
currencies-related class suit in the United States District Court
for the Southern District of New York.
GS&Co. is among the defendants named in a putative class action
filed in the U.S. District Court for the Southern District of New
York on August 4, 2021. The amended complaint, filed on January 6,
2022, generally asserts claims under federal antitrust law and
state common law in connection with an alleged conspiracy among the
defendants to manipulate auctions for foreign exchange transactions
on an electronic trading platform, as well as claims under the
Racketeer Influenced and Corrupt Organizations Act. The complaint
seeks declaratory and injunctive relief, as well as unspecified
amounts of treble and other damages. On May 18, 2023, the court
dismissed certain state common law claims, but denied dismissal of
the remaining claims. On July 8, 2025, the plaintiffs filed a third
amended complaint. On November 18, 2025, the plaintiffs moved for
class certification.
Based in New York, The Goldman Sachs Group, Inc. is a bank holding
company. It is also an investment banking, securities and
investment management firm that provides services to clients that
include corporations, financial institutions, governments and
high-net-worth individuals.
GOLDMAN SACHS: Continues to Defend F45 Training Securities Suit
---------------------------------------------------------------
The Goldman Sachs Group, Inc. disclosed in its Form 10-K Report for
the quarterly period ending December 31, 2025 filed with the
Securities and Exchange Commission on February 25, 2026, that the
company continues to defend itself from the F45 Training Holdings
Inc. securities class suit in the United States District Court of
the Western District of Texas.
GS&Co. is among the underwriters named as defendants in an amended
complaint for a putative securities class action filed on May 19,
2023 in the U.S. District Court for the Western District of Texas
relating to F45 Training Holdings Inc.'s (F45) approximately $350
million July 2021 initial public offering of common stock. In
addition to the underwriters, the defendants include F45, certain
of its officers and directors and certain of its shareholders.
GS&Co. acted as a qualified independent underwriter for the
offering and underwrote 8,303,744 shares of common stock
representing an aggregate offering price of approximately $133
million. On January 25, 2024, the plaintiffs filed a second amended
complaint, and on February 21, 2025, the court granted in part and
denied in part the defendants' motion to dismiss without prejudice,
denying dismissal of the claims for violations of Sections 11 and
12 of the Securities Act. On February 17, 2026, the plaintiffs
moved for preliminary approval of a settlement, which will not
require a contribution from GS&Co.
Based in New York, The Goldman Sachs Group, Inc. is a bank holding
company. It is also an investment banking, securities and
investment management firm that provides services to clients that
include corporations, financial institutions, governments and
high-net-worth individuals.
GOLDMAN SACHS: Continues to Defend Figs Inc. Securities Suit
------------------------------------------------------------
The Goldman Sachs Group, Inc. disclosed in its Form 10-K Report for
the quarterly period ending December 31, 2025 filed with the
Securities and Exchange Commission on February 25, 2026, that the
company continues to defend itself from the Figs Inc. securities
class suit in the United States District Court for the Eastern
District of New York.
GS&Co. is among the underwriters named as defendants in a putative
securities class action filed on December 8, 2022 in the U.S.
District Court for the Central District of California relating to
FIGS, Inc.’s (FIGS) approximately $668 million May 2021 initial
public offering and approximately $413 million September 2021
secondary equity offering. In addition to the underwriters, the
defendants include FIGS, certain of its officers and directors and
certain of its shareholders. GS&Co. underwrote 9,545,073 shares of
common stock in the May 2021 initial public offering representing
an aggregate offering price of approximately $210 million and
3,179,047 shares of common stock in the September 2021 secondary
equity offering representing an aggregate offering price of
approximately $128 million. On April 10, 2023, the plaintiffs filed
a consolidated complaint, and on January 17, 2024, the court
granted the defendants’ motions to dismiss the consolidated
complaint with leave to amend. On March 19, 2024, the plaintiffs
filed a first amended complaint, and on January 10, 2025, the court
granted in part and denied in part the defendants’ motions to
dismiss the first amended complaint with leave to amend, resulting
in the dismissal of all claims against the underwriter defendants,
including GS&Co. On February 10, 2025, the plaintiffs appealed to
the U.S. Court of Appeals for the Ninth Circuit.
Based in New York, The Goldman Sachs Group, Inc. is a bank holding
company. It is also an investment banking, securities and
investment management firm that provides services to clients that
include corporations, financial institutions, governments and
high-net-worth individuals.
GOLDMAN SACHS: Continues to Defend Ibotta Securities Class Suit
---------------------------------------------------------------
The Goldman Sachs Group, Inc. disclosed in its Form 10-K Report for
the quarterly period ending December 31, 2025 filed with the
Securities and Exchange Commission on February 25, 2026, that the
company continues to defend itself from the Ibotta Inc. securities
class suit in the United States District Court of Colorado.
Ibotta, Inc. GS&Co. is among the underwriters named as defendants
in putative securities class actions filed beginning on April 17,
2025 and consolidated in the U.S. District Court for the District
of Colorado relating to Ibotta, Inc.'s (Ibotta) approximately $664
million April 2024 initial public offering of common stock. In
addition to the underwriters, the defendants include Ibotta and
certain of its officers and directors. GS&Co. underwrote 2,565,235
shares of common stock representing an aggregate offering price of
approximately $226 million. On October 15, 2025, the plaintiffs
filed a consolidated amended complaint, and on December 15, 2025,
the defendants moved to dismiss the consolidated amended
complaint.
Based in New York, The Goldman Sachs Group, Inc. is a bank holding
company. It is also an investment banking, securities and
investment management firm that provides services to clients that
include corporations, financial institutions, governments and
high-net-worth individuals.
GOLDMAN SACHS: Continues to Defend SVB Securities Class Suit
------------------------------------------------------------
The Goldman Sachs Group, Inc. disclosed in its Form 10-K Report for
the quarterly period ending December 31, 2025 filed with the
Securities and Exchange Commission on February 25, 2026, that the
Company continues to defend itself from Silicon Valley Bank
securities class suit in the United States District Court for the
Northern District of California.
GS&Co. is among the underwriters named as defendants in a putative
securities class action filed on April 7, 2023 and consolidated in
the U.S. District Court for the Northern District of California and
an individual action filed on January 25, 2024 in the same court
relating to SVB Financial Group's (SVBFG) January 2021 public
offerings of $500 million principal amount of senior notes and $750
million of depositary shares representing interests in preferred
stock, March 2021 public offering of approximately $1.2 billion of
common stock, May 2021 public offerings of $1.0 billion of
depositary shares representing interests in preferred stock and
$500 million principal amount of senior notes, August 2021 public
offering of approximately $1.3 billion of common stock, and April
2022 public offering of $800 million aggregate principal amount of
senior notes, among other public offerings of securities. In
addition to the underwriters, the defendants include certain of
SVBFG’s officers and directors and its auditor. GS&Co. underwrote
an aggregate of 831,250 depositary shares representing an aggregate
offering price of approximately $831 million, an aggregate of
3,266,108 shares of common stock representing an aggregate offering
price of approximately $1.8 billion and senior notes representing
an aggregate price to the public of approximately $727 million. The
complaints generally assert claims under the federal securities
laws and allege that the offering documents contained material
misstatements and omissions. The complaints seek compensatory
damages in unspecified amounts. On March 17, 2023, SVBFG filed for
Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern
District of New York. On January 16, 2024, the plaintiffs filed a
consolidated amended complaint in the putative class action, and on
June 13, 2025, the court denied the defendants’ motion to dismiss
the consolidated amended complaint. On January 9, 2026, the
plaintiffs moved for class certification.
The firm is also cooperating with and providing information to
various governmental bodies in connection with their investigations
and inquiries regarding SVBFG and its affiliates (collectively
SVB), including the firm's business with SVB in or around March
2023, when SVB engaged the firm to assist with a proposed capital
raise and SVB sold the firm a portfolio of securities.
Based in New York, The Goldman Sachs Group, Inc. is a bank holding
company. It is also an investment banking, securities and
investment management firm that provides services to clients that
include corporations, financial institutions, governments and
high-net-worth individuals.
HD SUPPLY: Perez Class Suit Removed to N.D. Cal
-----------------------------------------------
The case styled as OSCAR PEREZ, Plaintiff v. HD SUPPLY MANAGEMENT,
LLC, a corporation and DOES 1-100, inclusive, Defendants, Case No.
26CV484488, was removed from the Santa Clara County Superior Court,
State of California to the United States District Court for the
Northern District of California on March 2, 2026.
The District Court Clerk assigned Case No. 3:26-cv-01800 to the
proceeding.
In this complaint, the Plaintiff alleges that the Defendant had a
policy or practice of failing to pay wages, including overtime
wages, and that Defendant "knowingly and intentionally" failed to
pay overtime wages.
HD Supply Management, LLC is a North American industrial
distributor that provides a broad range of products and value-added
services to approximately 250,000 professional customers in
maintenance, repair and operations, infrastructure and power and
specialty construction sectors.
DOES 1-100 are the fictitiously named defendants.[BN]
Defendant HD Supply Management, LLC is represented by:
Jessica A. Taylor, Esq.
FISHER & PHILLIPS LLP
1 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone: (415) 490-9000
Facsimile: (415) 490-9001
E-mail: jataylor@fisherphillips.com
HEALTH CARE: Rutherford Seeks to Certify Class
----------------------------------------------
In the class action lawsuit captioned as JOHNNY C. RUTHERFORD, JR.
and MARY RUTHERFORD, and JOHNNY RUTHERFORD ON BEHALF OF THOSE
SIMILARLY SITUATED, v. HEALTH CARE SERVICE CORPORATION, a Mutual
Legal Reserve Company, doing business in Montana as Blue Cross and
Blue Shield of Montana, and the MONTANA UNIVERSITY SYSTEM, Case No.
6:24-cv-00081-BMM (D. Mont.), the Plaintiff asks the Court to enter
an order certifying the class proposed in the Plaintiffs' second
amended complaint and further defined in the accompanying brief and
appointing the Plaintiffs' attorneys as class counsel.
This is a renewed, supplemental motion filed in accordance with
this Court's Order of December 19, 2025.
Opposing counsel have been contacted but have not yet responded.
Based on prior conversations, however, the Plaintiffs are confident
that the motion is opposed.
The Defendant is a customer-owned health insurer.
A copy of the Plaintiffs' motion dated Feb. 24, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=oCWpop at no extra
charge.[CC]
The Plaintiffs are represented by:
John M. Morrison, Esq.
Scott L. Peterson, Esq.
MORRISON, SHERWOOD, WILSON, & DEOLA, PLLP
401 N. Last Chance Gulch St.
Helena, MT 59601
Telephone: (406) 442-3261
Facsimile: (406) 443-7294
E-maiL: john@mswdlaw.com
speterson@mswdlaw.com
HEATHER HILL: Hall Suit Seeks Rule 23 Class Certification
---------------------------------------------------------
In the class action lawsuit captioned as CHARLENE HALL, v. HEATHER
HILL PROPERTY COMPANY LLC, et al., Case No. 1:25-cv-00238-ABA (D.
Md.), the Plaintiff asks the Court to enter an order certifying the
following Class under Rule 23(b)(3), or in the alternative under
Rule 23(c)(4):
"All persons who resided at Heather Hill Apartments at any
time from April 2022 through January 13, 2025, paid rent or
other fees to the Defendants during periods when the property
lacked required licensing, and suffered actual injury
resulting from the Defendants' failure to maintain habitable
living conditions at the property."
Hall has satisfied each requirement of Rule 23(a) and (b)(3). The
proposed class is ascertainable, numerous, and cohesive. Common
questions of law and fact predominate over individual issues, and a
class action is the superior method for resolving this dispute. In
the alternative, the Court should certify the common liability
issues under Rule 23(c)(4), the suit says.
The Defendants' systematic operation of Heather Hill Apartments
without required licensing while failing to maintain habitable
conditions and collecting rent from tenants who suffered real
injuries as a result presents the kind of common, class-wide
misconduct that Rule 23 was designed to address.
Hall and her family suffered serious health issues linked to the
mold in her unit, including respiratory problems, severe headaches,
ear infections, chronic coughing, nasal and sinus congestion, body
rashes, dizziness, and nosebleeds requiring specialized care from
an otolaryngologist.
Heather operates Heather Hill Apartments.
A copy of the Plaintiff's motion dated Feb. 25, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OeyLtQ at no extra
charge.[CC]
The Plaintiff is represented by:
Jordan D. Howlette, Esq.
JUSTLY PRUDENT
1140 3rd St. NE, Suite 2180
Washington, DC 20002
Telephone: (202) 921-6005
Facsimile: (202) 921-7102
E-mail: jordan@justlyprudent.com
HUNTER WARFIELD: Bid to Certify Class in Blizzard Tossed as Moot
----------------------------------------------------------------
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 Abelson entered an order that the earlier-filed
motion to certify the class is denied as moot in light of
Plaintiffs' settlement with the remaining Defendant and the filing
of the unopposed motion for preliminary approval of the class
action settlement.
Hunter provides debt collection and asset investigation services.
A copy of the Court's order dated Feb. 24, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MdWCHr at no extra
charge.[CC]
JM SMUCKER: Ringler Suit Seeks to Certify Two Classes
-----------------------------------------------------
In the class action lawsuit captioned as ADINA RINGLER, KRISTA
ROBLES, JAY SMITH, and JANA RABINOWITZ, individually and on behalf
of all others similarly situated, v. THE J.M. SMUCKER COMPANY, Case
No. 2:25-cv-01138-AH-E (C.D. Cal.), the Plaintiffs, on May 27,
2026, at 1:30 p.m., will move the Court for an order certifying the
following two classes:
The Plaintiffs Ringler, Robles, and Smith move the Court for an
Order pursuant to Federal Rule of Civil Procedure 23(a), 23(b)(3),
and 23(c)(4) certifying, with respect to their claims for
violations of the Consumers Legal Remedies Act ("CLRA"), the Unfair
Competition Law ("UCL"), and breach of express and implied
warranties, a California class defined as follows:
"All persons who purchased the Products1 in California for
personal and household use and not for resale between Feb. 10,
2021 and the date class notice is disseminated."
The Plaintiff Rabinowitz moves the Court for an Order pursuant to
Federal Rule of Civil Procedure 23(a), 23(b)(3), and 23(c)(4)
certifying her claims for violations of New York General Business
Law sections 349 and 350, a New York class defined as follows:
"All persons who purchased the Smucker's Natural Strawberry
Fruit Spread product in New York for personal and household
use and not for resale between Feb. 10, 2022 and the date
class notice is disseminated.
Excluded from the classes above are Defendant The J.M. Smucker
Company's current and former officers and directors and their
immediate family members; the Defendant's legal
representatives, heirs, successors, and assigns; any entity in
which the Defendant has or had a controlling interest during
the Class Period; the judicial officers assigned to this
action and their immediate family members; and any class
members who received a full refund for all purchases of the
Products.
This false advertising class action challenges Smucker's uniform
representations that its fruit spreads are "natural" and "made with
ingredients from natural sources."
The Defendant is an American manufacturer of food and beverage
products.
A copy of the Plaintiffs' motion dated Feb. 25, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=8EuwzX at no extra
charge.[CC]
The Plaintiffs are represented by:
Craig W. Straub, Esq.
Lilach H. Klein, Esq.
Michael T. Houchin, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: craig@crosnerlegal.com
lilach@crosnerlegal.com
mhouchin@crosnerlegal.com
zach@crosnerlegal.com
KENVUE INC: Mitchell Class Action Tossed
----------------------------------------
In the class action lawsuit captioned as ETHEL MITCHELL et al., v.
KENVUE, INC., and JOHNSON & JOHNSON CONSUMER INC., Case No.
3:24-cv-04109-GC-JBD (D.N.J.), the Hon. Judge Castner entered a
judgment granting the Defendants' motion to dismiss.
Accordingly, the Plaintiffs have standing to pursue their claims
for monetary damages and restitution but not injunctive or
declaratory relief.
But Plaintiffs nowhere plead what testing mechanisms Defendants
undertook; they simply point to the third-party testing results. As
several courts have found, this is insufficient. Accordingly, the
Court dismisses Plaintiffs claims brought under the adulteration
theory.
The Court finds that, even if not preempted, Plaintiffs cGMP claims
fail for two reasons. First, plaintiffs do not adequately allege
parallelism. While Plaintiffs do allege many state statutes are
parallel to the cGMPs,20 Plaintiffs do not "make the[] direct
connections," Therefore, the Plaintiffs' adulterated theory claims
cannot move forward at this time.
Second, even if the connections were clear, the Court—like the
majority of those before it—finds the allegations too conclusory
to state a claim. Like in Navarro, Plaintiffs recite a long list of
cGMPs Defendants have allegedly violated.
For the vast majority of these, Plaintiffs provide no further
elaboration. These recitations are therefore just legal
conclusions, and "legal conclusions do not plausibly show
liability."
The Defendant sells benzoyl peroxide (BPO) acne treatment products
under the brand names Clean & Clear and Neutrogena.
A copy of the Court's opinion dated Feb. 24, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EBRmiM at no extra
charge.[CC]
KETTLE AND FIRE: NY Court Grants Transfer of "Walker" to Florida
----------------------------------------------------------------
In the case captioned as Lauren Walker, individually and on behalf
of herself and those similarly situated, Plaintiff, v. Kettle and
Fire Inc., Defendant, Case No. 25-cv-6568 (E.D.N.Y.), Judge Brian
M. Cogan of the United States District Court for the Eastern
District of New York granted Defendant's motion to transfer the
case to the Middle District of Florida and denied Defendant's
motion to dismiss without prejudice to renewal in the transferee
court.
This is one of several putative class actions challenging as
misleading Defendant's representation of the protein content of its
food products. On October 22, 2025, Keirsted v. Kettle and Fire
Inc. was filed in the Middle District of Florida, alleging a
Nationwide Class and a Florida Sub-Class, along with violations of
the Florida Deceptive and Unfair Trade Practices Act. On November
25, 2025, Plaintiff filed this case, alleging a Nationwide Class
and a New York Class, along with violations of the New York General
Business Law, Sections 349 and 350. Both cases allege a misleading
representation of protein and the percent daily value of protein on
the label of Defendant's products.
The Court applied the first-filed rule, under which, as a general
rule, where there are two competing lawsuits, the first suit should
have priority. The Court found that Keirsted and Walker are
competing lawsuits, that Keirsted was the first-filed action, and
that neither exception to the first-filed rule warranted departing
from it.
On the balance of convenience, the Court found that only
Plaintiff's choice of forum counseled against transfer. The
litigation would continue in Florida regardless, and allowing the
case to proceed on parallel tracks would unjustifiably depart from
the first-filed rule. On special circumstances, the Court found
that no manipulative or deceptive behavior was alleged. Plaintiff
pointed only to the fact that the Keirsted plaintiff amended her
complaint after Plaintiff filed Walker II, but those circumstances
alone did not warrant departing from the first-filed rule.
Accordingly, the Court granted Defendant's motion to transfer and
directed the Clerk of Court to transfer the case to the Middle
District of Florida. Defendant's motion to dismiss was denied
without prejudice.
A Copy of the Court's decision is available at
https://urlcurt.com/u?l=ug4tPB from PacerMonitor.com
Defendant
Kettle and Fire Inc.
Represented By
Troy Stram
Alston & Bird LLP
404-881-7256
troy.stram@alston.com
Alan Pryor
Alston & Bird LLP
404-881-7000
alan.pryor@alston.com
Sharon Steinerman
Alston & Bird
212-210-9400
sharon.steinerman@alston.com
Intervenor Plaintiff
Wendy Keirsted
Represented By
Will Wright
The Wright Law Office, P.A.
561-514-0904
willwright@wrightlawoffice.com
Plaintiff
Lauren Walker
Represented By
Ryan Thomas Gott
Pearson Warshaw, LLP
612-389-0600
rgott@pwfirm.com
Melissa S. Weiner
Pearson Warshaw, LLP
612-389-0600
mweiner@pwfirm.com
Russell Busch
Bryson Harris Suciu & Demay PLLC
919-926-7948
rbusch@brysonpllc.com
KRISTI NOEM: Must Release Rodas from Detention
----------------------------------------------
In the class action lawsuit captioned as ANIELKA DE JESUS DUARTES
RODAS, v. KRISTI NOEM, et al., Case No. 4:26-cv-00078-RGJ (W.D.
Ky.), the Hon. Judge Jennings entered an order granting Rodas's
Petition for Writ of Habeas Corpus as follows:
-- The United States is directed to release Petitioner Rodas
immediately because of the unlawful detention in violation of
her due process rights.
-- The United States 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 Feb. 26, 2026.
The Court finds that all three Matthews factors favor Rodas. The
current detention of Rodas is in violation of the Due Process
Clause and the INA.
Petitioner Rodas is a native and citizen of Nicaragua. Rodas has
been present in the United States since September 15, 2021. Rodas
entered the United States without inspection. Although she entered
without inspection, Rodas was interviewed by Border Patrol shortly
after her arrival into the United States.
Kristi Noem is an American politician.
A copy of the Court's memorandum and order dated Feb. 24, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=kfmJYG
at no extra charge.[CC]
KROGER CO: Does Not Properly Pay Workers, Cherepennikova Says
-------------------------------------------------------------
YULIA CHEREPENNIKOVA, individually and on behalf of all others
similarly situated, Plaintiffs vs. THE KROGER CO. and QUALITY FOOD
CENTERS, INC. (a subsidiary of THE KROGER CO.), Defendants, Case
No. 2:26-cv-00724 (W.D. Wash., March 2, 2026) is a collective and
class action seeking to recover unpaid wages and other damages owed
by Kroger to its workers, along with the penalties, interest, and
other remedies provided by federal and Washington law.
The Kroger Co. operates grocery stores throughout the United States
including in the state of Washington. Quality Food Centers, Inc. is
a subsidiary of The Kroger Co.
Yulia Cherepennikova worked for Kroger in Washington as an
e-commerce manager from February 2022 to October 2024. The primary
duties of Plaintiff and other e-commerce managers are: to fill
orders received from customers on Kroger's e-commerce website
platform and prepare those orders for customers, which are
non-exempt duties. The complaint asserts that Plaintiff was not
paid any overtime premium wages when she worked more than 40 hours
during workweeks. Even though Plaintiff and other "e-commerce
managers" were ostensibly "supervisors", their primary job duties
were non-exempt and overtime pay eligible duties, the complaint
adds.
The complaint alleges that Kroger misclassifies the e-commerce
position as exempt from the overtime pay requirements of the Fair
Labor Standards Act ("FLSA") and Washington state wage and hour
laws. As a result of this misclassification, Plaintiff and other
e-commerce managers in each of the Kroger stores have not been paid
overtime premium compensation for the overtime hours worked by
them, in violation of the Fair Labor Standards Act and Washington
wage and hour laws, says the suit.
The Plaintiff brings this lawsuit to recover these unpaid overtime
wages and other damages owed by Kroger to Plainyiff and other
e-commerce managers who worked for Kroger in its Washington
stores.[BN]
The Plaintiff is represented by:
Kristopher Bonham, Esq.
MORGAN & MORGAN, P.A.
506 2nd Ave Suite 1513
Seattle, Washington 98104
&
1700 Palm Beach Lakes, Suite 500
West Palm Beach, FL 33401
Telephone: (561) 812-1547
Facsimile: (561) 812-1571
E-mail: kbonham@forthepeople.com
- and -
Kimberly De Arcangelis, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., Suite 1600
Orlando, FL 32801
Telephone: 407-237-2281
E-mail: KimD@forthepeople.com
- and -
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., Suite 1600
Orlando, FL 32801
Telephone: 407-418-2069
E-mail: RMorgan@forthepeople.com
- and -
Andrew R. Frisch, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Road, Suite 4000
Plantation, FL 33324
Telephone: 954-WORKERS
E-mail: AFrisch@forthepeople.com
- and -
Gregg I. Shavitz, Esq.
SHAVITZ LAW GROUP, P.A.
622 Banyan Trail, Suite 200
Boca Raton, FL 33431
Telephone: (561) 447-8888
Facsimile: (561) 447-8831
E-mail: gshavitz@shavitzlaw.com
LOCKTON CO: Court Modifies Case Schedule
----------------------------------------
In the class action lawsuit captioned as De Large v. Lockton
Companies, LLC et al., Case No. 3:25-cv-01056 (S.D. Cal., Filed
April 25, 2025), the Hon. Judge Janis L. Sammartino entered an
order granting the Parties' Joint Motion to Modify the Case
Schedule.
All fact discovery shall be completed by all parties by April 21,
2026.
Any motion for class certification shall be filed by June 22,
2026.
All other provisions and deadlines set forth in the Court's Amended
Scheduling Order remain in effect.
The nature of suit states Labor Management
Lockton is an American company that provides insurance, risk
management, and employee benefits.[CC]
MASCOT PECAN: Flores Suit Seeks to Certify Rule 23 Class
--------------------------------------------------------
In the class action lawsuit captioned as John Andrew Flores, et
al., v. MASCOT PECAN COMPANY, et al., Case No.
2:26-cv-00757-CCC-JSA (D.N.J.), the Plaintiffs ask the Court to
enter an order granting motion to certify class under the Federal
Rule of Civil Procedure 23.
A copy of the Plaintiffs' motion dated Feb. 25, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CepHGJ at no extra
charge.[CC]
The Plaintiff appears pro se.
MENASHA GLOBAL: Rosas Class Suit Removed to C.D. Cal.
-----------------------------------------------------
The case styled as JOSE ROSAS and MARCO ANTONIO CASILLAS,
individuals and on behalf of all others similarly situated,
Plaintiffs v. MENASHA GLOBAL LLC, a Wisconsin Limited Liability
Company; LAUREN HERNANDEZ, and individual; and DOES 1 through 100,
Inclusive, Defendants, Case No. CIVSB2516473, was removed from the
Superior Court of the State of California, County of San Bernardino
to the United States District Court for the Central District of
California on March 2, 2026.
The District Court Clerk assigned Case No. 5:26-cv-00987 to the
proceeding.
The Plaintiffs' Complaint alleges nine class claim, including:
failure to pay overtime wages; failure to pay minimum wages;
failure to provide meal periods; failure to provide rest periods;
waiting time penalties; wage statement violations; failure to
indemnify; violation of quota laws; and unfair competition.
Menasha Global LLC operates as a holding company. Menasha Packaging
Company offers custom shipping boxes, displays and packs. Lauren
Hernandez is a human resources employee at Menasha Packaging
Company. DOES 1 through 100 are the defendants with fictitious
names.[BN]
The Defendants are represented by:
Ivo Labar, Esq.
Rebecca Maclaren, Esq.
SAWYER & LABAR LLP
1700 Montgomery Street, Suite 108
San Francisco, CA 94111
Telephone: 415.262.3820
E-mail: labar@sawyerlabar.com
maclaren@sawyerlabar.com
MIKE LEWIS: Must Release Hipolito from Detention
------------------------------------------------
In the class action lawsuit captioned as NICOLAS RIVERA HIPOLITO,
v. MIKE LEWIS, et al., Case No. 4:26-cv-00076-RGJ (W.D. Ky.), the
Hon. Judge Jennings entered an order granting Hipolito's Petition
for Writ of Habeas Corpus and orders the following:
-- The United States is directed to release Petitioner Hipolito
immediately because of the unlawful detention in violation of
his due process rights.
-- The United States must provide him 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 Feb. 25, 2026/
Accordingly, the Court finds that all three Matthews factors favor
Hipolito. The current detention of Hipolito is in violation of the
Due Process Clause and the INA.
Petitioner Hipolito is a native and citizen of Mexico. Hipolito has
been present in the United States since 2011. Hipolito entered the
United States without inspection. Since his arrival, Hipolito has
either lived in either Pennsylvania or, more recently, Indiana.
A copy of the Court's memorandum and order dated Feb. 24, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=DGnIV3
at no extra charge.[CC]
PERFORMANCE GOLF: Carter Sues Over Automatic Subscription Renewal
-----------------------------------------------------------------
PETER CARTER, individually and on behalf of all others similarly
situated, Plaintiff v. PERFORMANCE GOLF PRODUCTS, LLC and BLACK
FISH MEDIA, LLC, Defendants, Case No. 3:26-cv-01784 (N.D. Cal.,
March 2, 2026) is a class action against the Defendant for
misleading customers about the nature of their purchases, failing
to make customers aware of their enrollment into an automatically
renewing subscription or the recurring charges associated
therewith, and failing to obtain their informed consent before
charging them.
The complaint relates that the Defendants own and operate a golf
instruction company that primarily provides online golf training
and instruction products and/or services. On its website,
Performance Golf markets an array of instructional services and
training programs for golfers of all abilities. Further, it enables
customers to purchase its services and programs on its online
portal, which is accessible through its website. In addition to its
instructional services and training programs such as the One Shot
Slice Fix which are single training programs, Performance Golf
offers a comprehensive digital subscription-based training program
called "Scratch Club" that includes, among other features, access
to video lessons, personalized practice plans, and swing analysis.
Performance Golf's surreptitious inclusion of Scratch Club into the
purchase of the One Shot Slice Fix coercively imposes ongoing costs
of $29 per month onto customers indefinitely.
In March 2022, Plaintiff, an amateur golfer determined to improve
his game before a tournament, purchased Performance Golf's "One
Shot Slice Fix," which he believed to be a tutorial program subject
to a one-time charge. However, unbeknownst to him, his purchase
caused him to be enrolled in Defendants' automatically renewing
Scratch Club subscription. As a result, Plaintiff was charged $19
every month when the subscription automatically renewed. These
charges totaled $817 on his credit card by November 2025. Shocked
and confused, he contacted Performance Golf to inquire about the
unexpected and unexplained charges. Performance Golf agreed to
cancel his Scratch Club subscription, but refused to provide a
refund to him for all of recurring charges.
The Defendants' conduct violates the Florida Deceptive and Unfair
Trade Practices Act; the California Consumer Legal Remedies Act;
and the unlawful, unfair, and fraudulent prongs of the California
Unfair Competition Law; and has resulted in Defendants' unjust
enrichment, asserts the complaint.
The Plaintiff and the other members of the Class have been, and
continue to be, injured as a direct and proximate result of
Performance Golf's violations and are entitled to seek recovery, as
well as to pursue costs and attorneys' fees, adds the complaint.
Plaintiff Peter Carter is a resident of San Francisco, California.
Defendant Performance Golf Products, LLC is a golf instruction
company that sells instructional services and tutorial programs.
Defendant Black Fish Media, LLC is a Florida company with
headquarters in Fort Lauderdale and principal offices at 101 NE 3rd
Ave #1500, Fort Lauderdale, FL 33301.[BN]
The Plaintiff is represented by:
Philip M. Black, Esq.
Samuel Coffin, Esq.
WOLF POPPER LLP
845 Third Avenue
New York, NY 10022
Telephone: (212) 759-4600
Facsimile: (212) 486-2093
E-mail: pblack@wolfpopper.com
scoffin@wolfpopper.com
- and -
Jared K. Carter, Esq.
KINGSBURY LAW PLLC
70 S. Winooski Ave, #280
Burlington, VT 05401
Telephone: (207) 319-6050
E-mail: kingsburylawoffice@gmail.com
PORSCHE CARS: Bauser has Until March 13 to File Class Cert Reply
----------------------------------------------------------------
In the class action lawsuit captioned as IAN BAUSER, individually
and on behalf of all others similarly situated, v. PORSCHE CARS
NORTH AMERICA, INC., Case No. 1:23-cv-01054-ELR (N.D. Ga.), the
Hon. Judge Eleanor L. Ross entered an order granting the joint
motion to extend time.
The Plaintiff shall have through and including March 13, 2026, to
file his reply in further support of class certification and his
oppositions to PCNA's Daubert motions, and the Defendant shall have
through and including March 13, 2026, to file its reply brief in
support of summary judgment and through and including March 27,
2206, to file its reply briefs in support of its Daubert motions.
The Defendant is engaged in the retail sale of new and used
automobiles.
A copy of the Court's order dated Feb. 24, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=aJpJNM at no extra
charge.[CC]
PRUDENTIAL INSURANCE: Court Continues Class Cert Hearing
--------------------------------------------------------
In the class action lawsuit captioned as KIM MATTHEWS, v. THE
PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Case No.
8:24-cv-00497-JVS-JDE (C.D. Cal.), the Hon. Judge Selna entered an
order:
-- granting the motion to continue the Court's hearing on class
certification and permit further briefing and
-- denying with leave to renew Matthews's pending Motion for
class certification.
The parties will follow the new briefing schedule outlined herein.
Matthews has not submitted evidence undermining Prudential's sworn
claim that it cannot get the data Matthews seeks without
individualized file review. If Matthews sought to prove that the
burden of individualized file review was outweighed by its benefit
to the litigation, she should have attempted to do so with the
Magistrate Judge before she filed her Motion for class
certification. She did not.
Thus, the parties' dispute over the AWS Data Lake does not provide
good cause to continue the class certification motion.
Thus, the breadth of Prudential’s search parameters also do not
establish good cause for a continuance
For more than 16 months, Matthews has sought discovery to support
her allegation that the following is a certifiable class under Rule
23:
"All individuals who have or had Prudential long-term care
insurance policies ("LTC policies"), resided in California
while receiving benefits under their LTC policies during the
Class Period, and experienced a reduction in their benefits
(including, but not limited to, lifetime maximum benefits or
"LMB") due to Prudential's erroneous application of Inflation
Offers during the Class Period."
Prudential operates as an insurance company.
A copy of the Court's order dated Feb. 25, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2Kwkcb at no extra
charge.[CC]
SCOTT BESSENT: Court Dismisses "Tunsill" Suit
---------------------------------------------
In the case captioned as KAFIL TUNSILL, Plaintiff, v. SCOTT
BESSENT, in his official capacity as Secretary of the United States
Treasury, Defendant, Case No. 1:25-cv-01556-RCL (D.D.C.), Judge
Royce C. Lamberth of the United States District Court for the
District of Columbia granted Defendant's motion to dismiss and
denied Plaintiff's motion for leave to file an amended complaint as
futile.
Plaintiff Kafil Tunsill, appearing pro se, filed a complaint as
Trustee of the Serving Humanity Trust, on behalf of himself and all
similarly situated citizens who had demanded redemption of Federal
Reserve Notes in lawful money. The Trust was described as existing
under the exclusive jurisdiction of Allah, governed by the Quran
alone. Plaintiff alleged that the Treasury failed to honor
redemption demands backed by instruments including International
Bills of Exchange, Affidavits of Suretyship, and digital currency
units called Serving Humanity Coin on the XRP Ledger.
Plaintiff brought three claims: (A) violation of 12 U.S.C. Section
411; (B) Fifth Amendment due process; and (C) a Bivens claim
against Secretary Bessent in his individual capacity.
Upon careful examination, the Court found all claims frivolous. As
to Section 411, the Court held that Federal Reserve Notes are
themselves lawful money, and the statute carries no promise of
convertibility into any other form of money. The Court further held
that Section 411 confers no private right of action. Additionally,
because the complaint was brought on behalf of a trust, it could
not proceed without licensed counsel under 28 U.S.C. Section 1654.
The Fifth Amendment and Bivens claims were dismissed as wholly
without merit, as both were predicated on rights Plaintiff did not
possess under Section 411.
Accordingly, Defendant's motion to dismiss was granted, Plaintiff's
motion for leave to amend was denied as futile, and Plaintiff's
motion for joinder was denied as moot. The Court granted
Plaintiff's motion to file his opposition out of time, nunc pro
tunc.
A copy of the Court's Memorandum Opinion and Order is available at
https://urlcurt.com/u?l=S1vpt8 from PacerMonitor.com
SIX FLAGS: Plaintiff's Bid to File Sealed Docs Partly OK'd
----------------------------------------------------------
In the class action lawsuit captioned as I.L. v. Six Flags
Entertainment Corp. et al., Case No. 1:23-cv-01769-KES-CDB (E.D.
Cal.), the Hon. Judge entered an order that:
1. The Plaintiffs' request to file sealed documents is granted
in part.
2. The Defendants request to redact documents is granted in
part.
3. Within 10 days of the date of this Order, the Plaintiffs
shall:
a. File an unredacted copy of the motion for class
certification;
b. File a redacted copy of Exhibit 5, narrowly tailored
to remove only the personal identifying information of the
Plaintiff C.T.; and
c. Submit a copy of this order, the request for sealing, and
the documents to be sealed (Exhibits 4, 5, 39, and 40) by
email to the Operations Section of the Clerk of the Court:
ApprovedSealed@caed.uscourts.gov
4. Within 10 days, Plaintiffs SHALL file a request to seal
certain exhibits (Doc. 71-1 Exhibits 12, 18, 21, 23, 25 at
108-110, 271-273, 323-326, 332-334, 341, 346-347) any
identified therein any proposed redactions, or,
alternatively, a notice of non-opposition to the unredacted
filing of said exhibits on the public docket, excluding the
portions of Exhibit 25 found appropriately redacted above
(id., Ex. 25 at 342-345). In any such filing, Plaintiffs
SHALL lodge with the Court said exhibits consistent with
Local Rule 141.
Six Flags was an American amusement park corporation.
A copy of the Court's order dated Feb. 24, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Zqwc1g at no extra
charge.[CC]
TEXTRON AVIATION: Toxic Spill Suit Referred to Bankruptcy Court
---------------------------------------------------------------
In the case captioned as Warren Denning, Dominic Valle, and
Kimberly Valle, individually and on behalf of all others similarly
situated, Plaintiffs, v. Textron Aviation, Inc., Defendant, Case
No. 25-1110-DDC-TJJ (D. Kan.), Judge Daniel D. Crabtree of the
United States District Court for the District of Kansas ordered the
Clerk of Court to close the civil case and refer it to the
bankruptcy court. The court did not reach defendant's Motion to
Dismiss or plaintiffs' Motion to Remand, leaving both for the
bankruptcy court to resolve in the first instance.
Plaintiffs filed this putative class action -- not yet certified --
in Kansas state court, asserting a variety of state-law claims
against Textron Aviation. Defendant removed the case to federal
court, relying primarily on federal jurisdiction over bankruptcy
cases under 28 U.S.C. Section 1334(b). Defendant is the successor
in interest to Beechcraft Corporation, which previously filed a
voluntary bankruptcy petition under Chapter 11. As part of the
confirmation order in those proceedings, Beechcraft secured a
discharge injunction discharging debts arising before the 2013
confirmation date. Defendant contended that plaintiffs' claims are
subject to this discharge provision.
Plaintiffs alleged that the landowners -- currently defendant and
previously Beechcraft and Beechcraft's predecessor -- spilled toxic
chemicals into the area around an aircraft-manufacturing site.
The court found that plaintiffs' claims have the requisite close
nexus to Beechcraft's bankruptcy proceedings. For plaintiffs to
succeed on their claims over defendant's discharge defense, a court
must interpret the scope and effect of the confirmation plan from
Beechcraft's bankruptcy proceedings. Accordingly, the court
concluded that plaintiffs' lawsuit is related to a case under Title
11 and must be referred to the bankruptcy judges for the district
pursuant to D. Kan. Rule 83.8.5(a).
The court rejected plaintiffs' argument that the case must remain
in district court. Plaintiffs posited that they have a right to a
jury trial and would not consent to a bankruptcy judge conducting
that trial. The court noted that if the case progresses to trial
and plaintiffs indeed have a jury trial right, they may move at
that time to transfer the case back to the district court under 28
U.S.C. Section 157(d).
A copy of the Court's Memorandum and Order dated March 3, 2026 is
available at https://urlcurt.com/u?l=9AQtTq from PacerMonitor.com
Defendant
Textron Aviation, Inc.
Represented By
Brian C. Fries
Lathrop Gpm, Llp - Kansas City
816-292-2000
brian.fries@lathropgpm.com
Erika E. Mortensen
Lathrop Gpm LLP
612-632-3000
erika.mortensen@lathropgpm.com
William F. Ford, Jr.
Lathrop Gpm, Llp - Kansas City
816-460-5817
bill.ford@lathropgpm.com
Brody Sabor
Lathrop Gpm, Llp - Kansas City
816-460-5858
brody.sabor@lathropgpm.com
Plaintiff
Warren Denning
Represented By
Jerry D. Bogle
Young, Bogle, Wells & Blanchard, PA
316-265-7841
jerry.bogle@youngboglelaw.com
Jonathan Barry Nace
Nidel & Nace, PLLC
202-780-5153
jon@nidellaw.com
Plaintiff
Dominic Valle
Represented By
Jerry D. Bogle
Young, Bogle, Wells & Blanchard, PA
316-265-7841
jerry.bogle@youngboglelaw.com
Jonathan Barry Nace
Nidel & Nace, PLLC
202-780-5153
jon@nidellaw.com
Plaintiff
Kimberly Valle
Represented By
Jerry D. Bogle
Young, Bogle, Wells & Blanchard, PA
316-265-7841
jerry.bogle@youngboglelaw.com
Jonathan Barry Nace
Nidel & Nace, PLLC
202-780-5153
jon@nidellaw.com
UNITED STATES: Mendoza Bid to Amend Judgment Tossed
---------------------------------------------------
In the class action lawsuit captioned as Jose Rodriguez Mendoza, et
al., v. Kevin Raycraft, Director of the Detroit Field Office for
U.S. Immigration and Customs Enforcement, et al., Case No.
4:25-cv-02183-PAB (N.D. Ohio), the Hon. Judge Barker entered an
order denying the Petitioners' motion to alter, amend, or vacate
judgment.
Lastly, the Court is not persuaded that reconsideration is
warranted to prevent a manifest injustice. As set forth above, if
Petitioners believe that they are entitled to a bond hearing as a
member of the Bond Eligible Class in Bautista III, they may seek
relief in that court. Reconsideration of this Court's November 12,
2025, Memorandum Opinion & Order is not warranted.
On Oct. 13, 2025, Petitioners filed a habeas petition with this
Court pursuant to 28 U.S.C. section 2241. The Petitioners asserted
that they are being unlawfully held without bond because ICE and
the IJ have improperly determined that they are subject to
mandatory detention under 8 U.S.C. section 1225(b)(2)(A), rather
than to discretionary bond determinations under 8 U.S.C. section
1226(a).
The Petitioners alleged that their continued detention "is plainly
contrary to the statutory framework of the INA and contrary to both
agency regulations and decades of consistent agency practice
applying section 1226(a) to people like Petitioners."
A copy of the Court's memorandum and order dated Feb. 24, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=7wqH0s
at no extra charge.[CC]
UNIVERSAL NAVIGATION: Court Tosses All State Law "Risley" Claims
----------------------------------------------------------------
In the case captioned as Nessa Risley, James Freeland, Robert
Scott, Andrew Cardis, and Dean Meyers, individually and on behalf
of all others similarly situated, Plaintiffs, v. Universal
Navigation Inc., doing business as Uniswap Labs, and Hayden Z.
Adams, Defendants, Case No. 22 Civ. 2780 (KPF) (S.D.N.Y.), Judge
Katherine Polk Failla of the United States District Court for the
Southern District of New York granted Defendants' motion to dismiss
the Second Amended Complaint in full and dismissed each of
Plaintiffs' claims with prejudice.
Defendants created and developed the Protocol, a decentralized
cryptocurrency exchange that replaces the traditional one-to-one
matching of buyers and sellers on a centralized exchange with
liquidity pools. One way investors access and trade on the Protocol
is through a web interface controlled and hosted by Uniswap Labs.
Plaintiffs -- residents of North Carolina, Idaho, New York, and
Australia -- alleged that they used the Interface to access the
Protocol and subsequently lost money investing in 38 scam tokens.
The scams most commonly took the forms of rug pulls and pump and
dumps. Plaintiffs' losses occurred from April 5, 2021, through
April 4, 2022.
The Second Amended Complaint sought to certify a nationwide class
of all persons who purchased any tokens through the Interface
between April 5, 2021, and April 4, 2022, and were harmed thereby.
The Court did not reach the question of class certification, as all
claims were dismissed on the pleadings.
The Court previously dismissed Plaintiffs' First Amended Complaint
for failing to state a claim under the federal securities laws. The
Second Circuit affirmed dismissal of the federal securities claims
and remanded the state-law claims for consideration. Upon remand,
Plaintiffs filed the Second Amended Complaint, which withdrew the
securities law claims, retained three state-law claims, and added
claims for violations of New York, North Carolina, and Idaho
consumer protection statutes.
To establish liability for aiding and abetting fraud under New York
law, Plaintiffs must show (i) the existence of a fraud, (ii)
Defendants' knowledge of the fraud, and (iii) that Defendants
provided substantial assistance to advance the fraud's commission.
The Court held that Plaintiffs failed to adequately allege actual
knowledge. Emails sent by Plaintiffs to Uniswap Labs were submitted
after they had already purchased the tokens and therefore could not
have supplied Defendants with actual knowledge at the time the
fraud was occurring. A March 2022 report finding that 97.7% of
tokens launched on the Protocol were rug pulls or scams was issued
one month before the end of the Class Period and said nothing
specific about the 38 scam tokens discussed in the Second Amended
Complaint.
The Court further held that Plaintiffs failed to allege substantial
assistance. Merely creating an environment where fraud could exist
is not the same as affirmatively assisting in its perpetration.
Simply providing the platform on which a fraud takes place is not
the same as substantially assisting that fraud. The Court dismissed
Count I.
Because the Second Amended Complaint failed to sufficiently allege
an aiding and abetting fraud claim, it also failed to sufficiently
allege an aiding and abetting negligent misrepresentation claim.
Defendants did not have actual knowledge of the issuers' negligent
misrepresentations, nor did Defendants substantially assist those
misrepresentations. The Court therefore dismissed Count II.
Plaintiffs alleged violations of New York General Business Law
Section 349, the North Carolina Unfair and Deceptive Trade
Practices Act, and the Idaho Consumer Protection Act. These claims
failed because Plaintiffs did not adequately allege the necessary
elements of (i) deception, (ii) causation, or (iii)
unconscionability.
The Second Amended Complaint did not allege any affirmative
misstatements or adequately plead omissions on the part of
Defendants. The information was not uniquely in Defendants'
possession and was not reasonably obtainable by Plaintiffs. The
Second Amended Complaint repeatedly tied Plaintiffs' injuries to
the issuers' fraudulent misrepresentations and omissions, not
Defendants' acts. The Court dismissed Counts III, IV, and V.
The Second Amended Complaint contained no allegations of a
specific, direct benefit to Defendants. The Second Amended
Complaint did not allege that Uniswap Labs ever received User Fees,
and the interface fee was not implemented until October 2023, after
the Class Period. The Court therefore dismissed Count VI- Unjust
enrichment.
Defendants' motion to dismiss was granted. The Court dismissed each
of Plaintiffs' claims with prejudice.
A copy of the Court's Opinion and Order is available at
https://urlcurt.com/u?l=3Gp1En from PacerMonitor.com
Defendant
Paradigm Operations LP
Represented By
Alexander C Drylewski
Skadden, Arps, Slate, Meagher & Flom LLP
212-735-2129
alexander.drylewski@skadden.com
Tansy Woan
Skadden, Arps, Slate, Meagher & Flom LLP
212-735-2472
tansy.woan@skadden.com
Defendant
Union Square Ventures, LLC
Represented By
Elliot Greenfield
Debevoise & Plimpton, Llp (nyc)
egreenfield@debevoise.com
Brandon Richard Fetzer
Debevoise & Plimpton, Llp (nyc)
212-909-6880
bfetzer@debevoise.com
Maeve L. O'Connor
Debevoise & Plimpton, Llp (nyc)
212-909-6315
moconnor@debevoise.com
Defendant
AH Capital Management, L.L.C
Represented By
Benjamin Naftalis
Latham & Watkins
212-906-1200
benjamin.naftalis@lw.com
Julia Rose Miller
Latham & Watkins LLP
212-906-1200
julia.miller@lw.com
Susan Elisabeth Engel
Latham & Watkins Llp (dc)
202-637-2200
susan.engel@lw.com
Douglas Kent Yatter
Latham & Watkins
212-906-1200
douglas.yatter@lw.com
Defendant
Hayden Z. Adams
Represented By
Elliot Greenfield
Debevoise & Plimpton, Llp (nyc)
egreenfield@debevoise.com
Brandon Richard Fetzer
Debevoise & Plimpton, Llp (nyc)
212-909-6880
bfetzer@debevoise.com
Maeve L. O'Connor
Debevoise & Plimpton, Llp (nyc)
212-909-6315
moconnor@debevoise.com
Defendant
Universal Navigation Inc.
Represented By
Elliot Greenfield
Debevoise & Plimpton, Llp (nyc)
egreenfield@debevoise.com
Brandon Richard Fetzer
Debevoise & Plimpton, Llp (nyc)
212-909-6880
bfetzer@debevoise.com
Maeve L. O'Connor
Debevoise & Plimpton, Llp (nyc)
212-909-6315
moconnor@debevoise.com
Defendant
Uniswap Foundation
1201 North Market Street
PO Box 1347, DE 19801
Lead Plaintiff
Andrew Cardis
Represented By
James Rocco Serritella
Kim & Serritella LLP
212-960-8345
jserritella@kandslaw.com
Lead Plaintiff
James Freeland
Represented By
James Rocco Serritella
Kim & Serritella LLP
212-960-8345
jserritella@kandslaw.com
Lead Plaintiff
Dean Meyers
Represented By
James Rocco Serritella
Kim & Serritella LLP
212-960-8345
jserritella@kandslaw.com
Lead Plaintiff
Nessa Risley
Represented By
James Rocco Serritella
Kim & Serritella LLP
212-960-8345
jserritella@kandslaw.com
Michael Christopher Ward
Barton LLP
212-682-6262
mward@bartonesq.com
Christopher James McNamara
Barton LLP
212-885-8803
cmcnamara@bartonesq.com
Aram Boghosian
Kim & Serritella LLP
212-287-7144
aboghosian@kandslaw.com
Roger E. Barton
Barton LLP
212-687-6262
rbarton@bartonesq.com
Lead Plaintiff
Robert Scott
Represented By
James Rocco Serritella
Kim & Serritella LLP
212-960-8345
jserritella@kandslaw.com
Lead Plaintiff
Annie Venesky
Represented By
James Rocco Serritella
Kim & Serritella LLP
212-960-8345
jserritella@kandslaw.com
WESTHAB INC: Lowther Seek Conditional Cert of Collective Action
---------------------------------------------------------------
In the class action lawsuit captioned as REGINA LOWTHER, on behalf
of herself, individually, and on behalf of all others similarly
situated, v. WESTHAB, INC., Case No. 7:25-cv-08058-JGLC (S.D.N.Y.),
the Plaintiff will move the Court for an Order:
1. Conditionally certifying a collective action with respect to
current and former non-managerial case managers, social
service workers, and other similarly situated employees
employed by the Defendant at any of its office locations in
New York, who, while performing work for the Defendant at any
time between Feb. 24, 2020 and the present, did not receive
overtime compensation at one and one-half times their regular
rate of pay for all hours worked in excess of forty in a
workweek;
2. Requiring the Defendant, within fourteen days of the Court's
Order, to produce a computer-readable data file containing
the names, last known mailing addresses, all known home and
mobile telephone numbers, all known email addresses, work
locations, dates of employment, compensation rates, and
primary languages of all potential collective action members
who worked for the Defendant at any point from Feb. 25, 2020
to the present; and
3. Permitting the Plaintiff to disseminate notice in the form
attached to the declaration of Jarret Bodo, Esq. as Exhibit A
("Notice") and Exhibit B ("Reminder Notice") in English,
Spanish, and any other language identified by the Defendant,
via regular mail, e-mail (Exhibit C) and text message
(Exhibit D) and permitting a sixty-day opt-in period.
Westhab offers housing and support services.
A copy of the Plaintiff's motion dated Feb. 25, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Xjefo0 at no extra
charge.[CC]
The Plaintiff is represented by:
Jarret Bodo, Esq.
JOSEPH & NORINSBERG, LLC
825 Third Ave, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 406-6890
WHITE CAP: Lobdell's Bid to Certify Class Tossed
------------------------------------------------
In the class action lawsuit captioned as MATTHEW LOBDELL, v. WHITE
CAP, LP, WHITE CAP SUPPLY HOLDINGS, LLC, WHITE CAP MANAGEMENT, LLC,
Case No. 2:24-cv-11450-NGE-DRG (E.D. Mich.), the Hon. Judge Grand
entered an order denying Lobdell's motion to certify class and
motion to compel.
Lobdell's proposed class definition does not meet Rule 23(a)'s
commonality requirements. Lobdell's proposed class also fails Rule
23(a)'s typicality requirement.
The Court agrees that Lobdell's personal objection to any wellness
program that provides an insurance premium credit to participants
for undergoing medical exams renders him an inadequate
representative of the instant proposed class.
Lobdell used to work for White Cap, and he now challenges the
legality of its "Health Screen Program" that requires employee
participants to submit to annual medical exams and biometric
testing in order to receive a "credit" towards the cost of their
health insurance.
Specifically, Lobdell asks the Court to certify a class defined
as:
"All current and former White Cap employees subject to the
[Program] in 2021 to present."
White Cap distributes specialty construction supplies.
A copy of the Court's order dated Feb. 20, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3FjVNo at no extra
charge.[CC]
WHOOP INC: Court Seals Key Summary Judgment Docs in "Sanderson"
---------------------------------------------------------------
In the case captioned as Donrick Sanderson, individually and on
behalf of all others similarly situated, Plaintiff, v. WHOOP, Inc.,
Defendant, Case No. 3:23-cv-05477-CRB (N.D. Cal.), Judge Charles R.
Breyer of the United States District Court for the Northern
District of California granted Plaintiff's Interim Administrative
Motion to Consider Whether Another Party's Material Should Be
Sealed.
The court found good cause and ordered the following materials
sealed in connection with Plaintiff's Motion for Summary Judgment:
(1) designated pages from the Notice of Motion and Memorandum of
Law in Support thereof; (2) Exhibits 1, 4, and 6 through 18 in
their entirety; and (3) page 2 of the Proposed Order Granting
Plaintiff's Motion for Summary Judgment. The order was entered on
March 3, 2026.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=GvDFL5 from PacerMonitor.com
WICKED TACO: Gonzalez Suit Seeks Rule 23 Class Certification
------------------------------------------------------------
In the class action lawsuit captioned as JOSE R. GONZALEZ, ANTONIO
LAMAR, CARLY ZINCONE, HECTOR VENTURA, JOSE NOEL OSORIO MEJIA, JUAN
FRANCISCO MARTINEZ MEJIA, and SANTOS MORALES, on behalf of
themselves, FLSA Collective Plaintiffs, and the Class, v. WICKED
TACO LLC d/b/a BONGO BURRITO, NDL RESTAURANT CORP. d/b/a CHARRED
BRICK OVEN, f/d/b/a LOBSTER SHACK, D & L RESTAURANT CORP., d/b/a
PUGLIAS and GREGORY GAROFALO, Case No. 1:23-cv-09555-NCM-JAM
(E.D.N.Y.), the Plaintiffs ask the Court to enter an order granting
motion class certification pursuant to fed. r. civ. p. 23.
Bongo Burrito is a Mexican-style restaurant.
A copy of the Plaintiffs' motion dated Feb. 25, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=29wJXw at no extra
charge.[CC]
The Plaintiffs are represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
WL GORE: Wolf Bid to File Third Amended Complaint Tossed
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In the class action lawsuit captioned as TINA WOLF, et al., v. W.L.
GORE & ASSOCIATES, INC., Case No. 1:23-cv-00280-MJM (D. Md.), the
Hon. Judge Matthew J. Maddox entered an order denying the
Plaintiffs' motion for leave to file a third amended complaint.
Accordingly, the Plaintiffs propose amending their complaint more
than two years after their initial deadline to do so and well over
one year after their last motion to amend, yet they offer no good
reason for the untimeliness of their new amendments.
Even considering the substance of the proposed amendments and
prejudice to Defendant, I find the proposed amendments to be
significant and at least potentially prejudicial. They add a new
plaintiff, add several pages of new allegations, and articulate new
theories of recovery, even if the new claims for relief are
derivative of claims previously pleaded. The proposed amendments
are not earth-shattering, and they may not necessitate further
extension of the schedule. But they clearly call for greater
efforts in discovery and therefore at least risk prejudice to
Defendant. For all of the foregoing reasons, Plaintiffs’ untimely
motion to amend is denied.
Three years ago, a group of individual Plaintiffs filed this
putative class action asserting claims against defendant W.L. Gore
for strict products liability, negligence, private nuisance, and
public nuisance.
W. L. Gore is an American multinational manufacturing company
specializing in products derived from fluoropolymers.
A copy of the Court's memorandum order dated Feb. 24, 2026, is
available from PacerMonitor.com at https://urlcurt.com/u?l=ExX87x
at no extra charge.[CC]
X CORP: Court Dismisses Second Amended Complaint
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In the class action lawsuit captioned as John Doe v. X Corp. et
al., Case No. 4:25-cv-01282-O (N.D. Tex.), the Hon. Judge Reed
O'Connor entered an order:
-- granting the Defendants' motion to dismiss the second amended
complaint, and
-- denying as moot the Defendants' motion to dismiss the first
amended complaint, the Plaintiff's motion for leave to file a
third amended complaint, the Plaintiff's motion for
preliminary injunction, and the Plaintiff's motion to certify
class.
Accordingly, Title 15 U.S.C. section 6851(b)(4)(A) excludes from
liability the nonconsensual distribution of commercial pornographic
content unless it was produced by fraud or misrepresentation.
Produced in this provision has its ordinary meaning—that is,
creation.
The Plaintiff created his commercial pornographic content freely
and voluntarily. Accordingly, any unauthorized disclosure of it by
Defendants is not protected. Additionally, Section 230 immunizes
Defendants from liability. The Plaintiff's complaint is therefore
dismissed with prejudice.
The Plaintiff requested the opportunity to replead at oral
argument. However, he has not explained the facts that he could
provide showing liability under the statute. As such, leave to
amend is denied.
The Plaintiff creates posts on OnlyFans containing sexually
explicit content. OnlyFans is a subscription-based platform on
which creators post content for subscribers to view.
X Corp. is a social networking service where users can post text,
images, and videos that others may view.
A copy of the Court's order dated Feb. 25, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xvFRfb at no extra
charge.[CC]
X CORP: Must Oppose White Coat Class Cert Bid by March 25
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In the class action lawsuit captioned as WHITE COAT CAPTIONING,
LLC, et al., v. X CORP., INC., Case No. 3:23-cv-01594-SK (N.D.
Cal.), the Hon. Judge Kim entered an order setting the following
deadlines and hearing date for the Plaintiffs' motion for class
certification:
1. The Defendant shall file its opposition to the Plaintiff's
motion by March 25, 2026.
2. The Plaintiffs shall file their reply in support of its
motion by April 1, 2026.
3. The Court will hold a hearing on the Plaintiffs' motion on
April 27, 2026 at 9:30 a.m. via Public Zoom webinar.
4. All other case deadlines in the Court's order dated Dec. 30,
2025 stand.
X Corp. is an American technology company.
A copy of the Court's order dated Feb. 24, 2026, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KhkSfs at no extra
charge.[CC]
X CORP: White Coat Seeks to Certify Twitter Vendor Class
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In the class action lawsuit captioned as WHITE COAT CAPTIONING,
LLC, YES CONSULTING, LLC, AUTUMN COMMUNICATIONS, INC., BUSINESS
TRAINING WORKS, INC., MEASURING USABILITY LLC, AND FOSTER & FORGE
LTD. on behalf of themselves and all others similarly situated, v.
X CORP. (FORMERLY KNOWN AS TWITTER, INC.), Case No.
3:23-cv-01594-SK (N.D. Cal.), the Plaintiffs moves the Court to
certify a class action on behalf of:
"All Twitter vendors who provided goods or services to
Twitter, submitted invoice Aug. 1, 2022, and Feb. 1, 2023,
whose invoice(s) Twitter either approved or did not dispute at
the time they were submitted and are now past due, and who
have not received payment from Twitter."
The Plaintiffs file this motion pursuant to Fed. R. Civ. P. 23.
Because this proposed class qualifies for class treatment under
Rule 23, the Court should certify the class and appoint the
Plaintiffs as the class representatives and the Plaintiffs' counsel
as class counsel, the suit says.
The case was brought against X Corp. as a result of Twitter's
failure, following Elon Musk's acquisition of the company in
October 2022, to pay pending invoices from hundreds of vendors that
had provided goods or services to Twitter.
The Plaintiffs, individually and on behalf of all others similarly
situated, seek to recover the amounts owed to them under the
doctrines of breach of contract and related common law theories.
X Corp. is an American technology company.
A copy of the Plaintiffs' motion dated Feb. 24, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=idB123 at no extra
charge.[CC]
The Plaintiffs are represented by:
Shannon Liss-Riordan, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: sliss@llrlaw.com
X CORP: White Coat Seeks to File Class Cert Bid Under Seal
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In the class action lawsuit captioned as WHITE COAT CAPTIONING,
LLC, YES CONSULTING, LLC, AUTUMN COMMUNICATIONS, INC., BUSINESS
TRAINING WORKS, INC., MEASURING USABILITY LLC, and FOSTER & FORGE
LTD. on behalf of them-selves and all others similarly situated, v.
X CORP. (FORMERLY KNOWN AS TWITTER, INC.), Case No.
3:23-cv-01594-SK (N.D. Cal.), the Plaintiffs ask the Court to enter
an order permitting them to file an unredacted copy under seal of
their motion for class certification and Exhibits 3-34, 35-A, 36,
38, 39-A, 40-41, 43-45, 47-48, and 53 to the declaration of Shannon
Liss-Riordan.
Exhibits 5, 6, and 8 have been the subject of a previous request to
file under seal in this matter.
The motion for class certification cites to information from
various documents produced by Defendant, such as internal
communications and business records, that the Defendant designated
as confidential.
While the Plaintiffs do not agree that all of the cited documents
should remain confidential, the Plaintiffs request that the Court
initially allow them to be filed under seal.
X Corp. is an American technology company.
A copy of the Plaintiffs' motion dated Feb. 24, 2026, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sJsP4q at no extra
charge.[CC]
The Plaintiffs are represented by:
Shannon Liss-Riordan, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: sliss@llrlaw.com
*********
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