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- Dissatisfied with their shopping experiences, they filed a putative class action against Ollie's under Title III of the Americans with Disabilities Act ("ADA"). They seek permission to sue on behalf of every similarly disabled individual who shops at any Ollie's store in the United States and has or will encounter interior access barriers.
casetext.com/case/allen-v-ollies-bargain-outlet-inc-1
Cheap,” they went shopping at two different bargain stores owned by Ollie’s Bargain Outlet, Inc. (“Ollie’s”). But once inside Ollie’s, they encountered an obstacle course: pillars, clothing racks, and boxes blocked their way. Dissatisfied with their shopping experiences, they filed a putative class action
Alexis Guerrero sued Ollie’s Bargain Outlet (“Ollie’s”) for race discrimination under 42 U.S.C. § 1981, which guarantees all persons an equal right “to make and enforce contracts.”
Irma Allen and Bartley Mullen are disabled and need wheelchairs to move about. Hoping to find "Good Stuff Cheap," they went shopping at two different bargain stores owned by Ollie's Bargain Outlet, Inc. ("Ollie's"). But once inside Ollie's, they encountered an obstacle course: pillars, clothing racks, and boxes blocked their way.
Sep 17, 2019 · Filing Date: September 17, 2019. According to the Complaint, Ollie’s Bargain Outlet Holdings, Inc. is an extreme value retailer that offers brand name merchandise at dramatically reduced prices. The Complaint alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose ...
- I. Background
- II. Legal Standard
- III. Discussion
- A. Claims Under Section 10(b) and Rule 10b-5
- Motive and Opportunity
- B. Claim Under Section 20
- IV. Conclusion
The following facts, drawn from the amended complaint, are presumed true for the purposes of this motion. (SeeDkt. No. 47 ("AC").) Ollie's is a nationwide chain of bargain retail stores. (AC ¶ 2.) After going public in 2015, the company "embarked on an aggressive expansion campaign," growing from 176 stores in 2014 to 324 stores in 2019. (AC ¶ 3.) ...
To survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows ...
Plaintiffs allege violations of Section 10(b) of the Exchange Act, Rule 10b-5, and Section 20(a) of the Act. (AC ¶ 28.)
Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder prohibit "mak[ing] any untrue statement of a material fact or ... omit[ting] to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading ... in connection with the purchase or sale of any secu...
To show that the Individual Defendants had the requisite motive and opportunity, Plaintiffs must allege that they "benefitted in some concrete and personal way from the purported fraud." Id. at 198 (quoting Novak , 216 F.3d at 307-08 ). "Motives that are common to most corporate officers, such as the desire for the corporation to appear profitable ...
Plaintiffs also bring claims under Section 20(a) of the Exchange Act. To state a claim under that section, a plaintiff must successfully allege a "primary violation." See ATSI , 493 F.3d at 108. Plaintiffs have not done so here. Since their "Section 10(b) claim — the primary violation alleged — fails as a matter of law, their claim under Section 20...
For the foregoing reasons, Defendants’ motion to dismiss is GRANTED. The Clerk of Court is directed to close the motion at Docket Number 52 and to close this case. SO ORDERED.
3 days ago · Ollie’s Bargain Outlet has a one year low of $68.05 and a one year high of $104.98. The business has a fifty day moving average of $94.92 and a two-hundred day moving average of $89.96. Ollie’s Bargain Outlet (NASDAQ:OLLI – Get Free Report) last announced its quarterly earnings data on Thursday, August 29th. The company reported $0.78 EPS ...
Jun 10, 2021 · On 06/10/2021 Irma Allen, filed a Civil Right - Other Disability Discrimination court case against Ollies Bargain Outlet Inc in U.S. Courts Of Appeals. Court records for this case are available from U.S. Court Of Appeals, Third Circuit.
