Recent Filings – Spring 2019 Digest

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of Spring 2019’s filings:

Chrismon v. Meadow Greens Pizza, LLC, et al., No. 5:19-cv-155 (E.D.N.C. April 17, 2019) (purported collective and class action brought under FLSA and state wage and hour laws alleging defendant failed to pay delivery drivers for their delivery-related expenses)

Prioleau v. Ascension Data & Analytics, LLC, No. 2:19-cv-1116 (D.S.C. April 16, 2019) (putative class action alleging defendant violated the Fair Credit Reporting Act by failing to secure and safeguard the personally identifiable information and mortgage and credit information of plaintiffs and provide timely and adequate notice to them that their information had been stolen)

Danford, et al. v. Lowe’s Cos., et al., No. 5:19-cv-41 (W.D.N.C. April 11, 2019) (purported collective and class action alleging Lowe’s violated FLSA and state wage and hour laws by failing to pay hourly managers for all hours worked)

Medina v. Westdale Brentmoor, LLC, et al., No. 5:19-cv-142 (E.D.N.C. April 10, 2019) (state court complaint removed to federal court alleging landlords violated the North Carolina Residential Rental Agreement Act, Debt Collection Act, and related state law by assessing and attempting to collect certain fees and charges from tenants)

Neely v. Wakefield & Assocs., Inc., No. 2:19-cv-1003 (D.S.C. April 5, 2019) (putative class action alleging debt collection agency failed to comply with the Fair Debt Collection Practices Act and state law)

Kornegay v. Stern Recovery Servs., Inc., No. 3:19-cv-153 (W.D.N.C. March 28, 2019) and Kornegay v. Phoenix Fin. Servs. LLC, et al., No. 3:19-cv-154 (W.D.N.C. March 28, 2019) (putative class action alleging debt collection agencies’ practices and collection letters violated the Fair Debt Collection Practices Act and state law) 

Tarry et al. v. Captain George’s of South Carolina, LP, et al., No. 4:19-cv-800 (D.S.C. March 15, 2019) (state court complaint removed to federal court alleging defendant Captain George’s Seafood Restaurant failed to pay minimum wage by taking a tip credit deduction from its servers in violation of FLSA and state wage and hour laws)

Huffman v. Team Carolinas, Inc., et al., No. 4:19-cv-34 (E.D.N.C. March 12, 2019) (purported collective and class action brought under FLSA and state wage and hour laws alleging Domino’s Pizza franchise owner failed to adequately reimburse delivery drivers for their delivery-related expenses)

Alderman v. The Caleb Pearson Team, LLC, et al., No. 2:19-cv-744 (D.S.C. March 11, 2019) (purported collective and class action alleging real estate agency misclassified its workers as independent contractors and failed to pay its agents overtime in violation of FLSA and state law)

D.R. Horton, Inc. v. Cnty. of Brunswick, No. 7:19-cv-44 (E.D.N.C. March 5, 2019) (putative class action brought by residential homebuilders alleging municipality adopted, assessed, and collected unlawful water and wastewater capital recovery fees in violation of plaintiffs’ substantive due process rights)

Galleher v. Artisanal, LLC, et al., No. 1:19-cv-55 (W.D.N.C. February 18, 2019) (purported collective action and class action alleging defendant Artisanal Restaurant failed to pay servers for all hours worked in violation of FLSA and state law)

Robinson v. Midland Credit Mgmt., et al., No. 2:19-cv-458 (D.S.C. February 15, 2019) and Robinson v. Portfolio Recovery Assocs., LLC, No. 2:19-cv-459 (D.S.C. February 15, 2019) (putative class action alleging debt collection agencies’ practices and collection letters violated the Fair Debt Collection Practices Act and state law)

Montana Food Distrib. Assoc., et al. v. Int’l Outsourcing Servs., LLC, et al., No. 1:19-cv-141 (M.D.N.C. January 31, 2019 – transferred from the Eastern District of Wisconsin) (purported class action brought under RICO and the Sherman Act alleging defendant, a processor/agent for retailers in the coupon redemption process, fraudulently and unlawfully increased charge-backs and, through an unlawful transfer agreement, restricted competition in the retail processing services market)

Moorhead, et al. v. HKA Enterprises, LLC, No. 7:19-cv-265 (D.S.C. January 30, 2019 – transferred from Southern District of California) (purported class action brought against HKA Enterprises under the Fair Credit Reporting Act alleging HKA failed to obtain proper consent or authorization from prospective employees related to employment-related background checks)

Carbonaro, et al. v. Allura USA LLC, et al., No. 3:19-cv-29 (W.D.N.C. January 18, 2019) (purported class action brought by home buyers under the Unfair and Deceptive Trade Practices Act against manufacturers of fiber siding alleging the siding was made with substituted fly ash for cement thereby causing the defective siding to crack, peel and/or split resulting in monetary damages to the homeowners)

Cross, et al. v. Ciox Health, LLC, No. 4:19-cv-7 (E.D.N.C. January 11, 2019) and Cross, et al. v. Formativ Health Mgmt., Inc., No. 4:19-cv-8 (E.D.N.C. January 11, 2019) (purported class action brought by parents of minors alleging Ciox Health, a medical records provider which contracts with healthcare providers to retrieve protected health information, violated consumers’ rights by overcharging for the retrieval and production of health records in violation of HIPAA)

D.R. Horton, Inc., et al. v. City of Charlotte, et al., No. 3:19-cv-15 (W.D.N.C. January 11, 2019) (purported class action brought by residential homebuilders against the municipalities of Charlotte alleging they have been forced to pay water and wastewater capacity fees which had not yet been used/furnished in violation of federal and state laws)