 
/raid1/www/Hosts/bankrupt/CAR_Public/071114.mbx
            C L A S S   A C T I O N   R E P O R T E R
           Wednesday, November 14, 2007, Vol. 9, No. 226
                            Headlines
BELL'S FISHERY: Recalls Whitefish Pate with Undeclared Contents 
BROOKS AUTOMATION: Judge Refuses to Dismiss Securities Lawsuit
CALIFORNIA: Gateway Residents Sue Over Alleged Defective Complex
CARRIER CORP: Recalls Defective Air Conditioners, Heat Pumps 
CMS ENERGY: Objection Filed Against $200M Securities Suit Deal
CRUM & FORSTER: Dismissal of N.J. RICO, Antitrust Suit Appealed 
DOLLAR GENERAL: Recalls Toy Cars on Paint's High Lead Content
DOMINION RESOURCES: Wrongly Named in W.V. Royalty Owners Lawsuit
DOWNEY SAVINGS: Still Faces “Holman” Labor Lawsuit in Calif.
FLOWSERVE CORP: Tex. Court Stays Proceedings in Securities Suit
GATX CORP: Settles La. Suit Over Dimethyl Sulfide Leak for $415T
HARTZ MOUNTAIN: Recalls Cat Vitamin on Possible Contamination
INDIANA: Judge Dismisses Suit Over “Discriminatory” Property Tax 
INTERACTIVE MEDIA: Hannah Montana Fan Sues Over Ticket Promo
INTERNATIONAL SOURCING: Recalls Toys on Paint's Lead Content
IPO LITIGATION Plaintiffs File New Class Certification Motion
KROGER CO: Recalls Mislabeled Light Caesar Salad Dressing 
LABOR READY: Calif. Court Approves Settlement in Sex Bias Case
LABOR READY: Settles Calif. Overtime Suit by Former Employees
MEDTRONIC INC: Faces Kansas Suits Over Wire in Defibrillators 
MIDWAY GAMES: Still Faces Securities Fraud Lawsuits in Illinois
NATIONAL CITY: Reserves $25M to Settle Loan Originators Suit 
NEW YORK: Fails to Provide Public Defense to Poor, NYCLU Claims
NICOR ENERGY: Settles Ill. Litigation Over Fixed Bill Service 
OPENWAVE SYSTEMS: N.Y. Court Allows Shareholders Suit to Proceed
TUESDAY MORNING: Still Faces Labor-Related Lawsuits in Calif.
UAL CORP: Still Working to Settle Multiple Suits Over Surcharges
UNITEDHEALTH GROUP: Refused Summary Judgment in Securities Suit
UNITED RENTALS: Conn. Court Mulls Motion to Junk Securities Suit
UPM-KYMMENE CORP: Settles Labelstock Products Antitrust Suits
WALT DISNEY: Faces ADA Violation Suit Over Segway Ban in Parks
WILLIAMS PARTNERS: Kan. Court Yet to Certify Natural Gas Suit 
* Coughlin Stoia Tops SCAS' List with $11B in Settlements 
                          *********
BELL'S FISHERY: Recalls Whitefish Pate with Undeclared Contents 
---------------------------------------------------------------
Bell's Fishery of Mackinaw City (Mich.) is recalling all of its 
packages of Bell's Whitefish Pate because they contain 
undeclared egg, soy, and milk products. 
People who have allergies to egg, soy or milk products run the 
risk of a serious or life-threatening allergic reaction if they 
consume these products.
The recalled Bell's Whitefish Pate was sold in Michigan at 
Bell's Fishery located at 229 S Huron St. in Mackinac City, and 
Biindigen Gas Station located at 2169 US 31 North, in Petoskey.
The product comes in an 8 ounce or 16 ounce plastic container 
marked with lot #100607, expiration date 10-20-07, or lot # 
100807, expiration date 10-28-07.
No Illnesses have been reported to date in connection with this 
problem.
The recall was initiated after it was discovered that the 
product was distributed in packaging that did not reveal the 
presence of egg, soy, and milk as ingredients in the Bell's 
Whitefish Pate.
Production of the product has been suspended until FDA and 
Bell's Fishery is certain that the labeling problem has been 
corrected.
Consumers who have purchased the Pate are encouraged to return 
the product to the place of purchase for a full refund. 
Consumers with questions may contact Bell's Fishery at 1-231-
436-7821.
BROOKS AUTOMATION: Judge Refuses to Dismiss Securities Lawsuit
--------------------------------------------------------------
Judge Rya W. Zobel of the U.S. District Court for the District 
of Massachusetts refused to throw out an options backdating 
class action filed against semiconductor maker Brooks Automation 
Inc.
Judge Zobel, however, tossed a handful claims made against 
individuals.  He approved, meanwhile, a motion to dismiss filed 
by PricewaterhouseCoopers LLP.
Related cases were ordered consolidated and lead plaintiffs 
filed a Consolidated Complaint on February 12, 2007. Defendants 
moved to dismiss the complaint on April 9, 2007.
The original complaint alleges that during the Class Period, 
defendants Brooks Automation, Inc. and certain of its officers 
and directors violated Sections 10(b) and 20(a) of the 
Securities Exchange Act of 1934 and Sections 11, 12 and 15 of 
the Securities Act of 1933 by publicly issuing a series of false 
and misleading statements regarding the Company's business and 
financial results, thus causing Brooks's shares to trade at 
artificially inflated prices.
In particular, the Complaint alleges that on March 18, 2006, The 
Wall Street Journal published a story titled "The Perfect Payday 
- Some CEOs reap millions by landing stock options when they are 
most valuable; Luck - or something else?" that identified Brooks 
as one of several companies "with wildly improbable option-grant 
patterns." On April 26, 2006, Brooks disclosed that its Board of 
Directors created a special committee to conduct an internal 
review of matters related to past stock option grants, including 
the timing of such grants and associated documentation.
The Complaint further alleges that on May 11, 2006, Brooks 
issued a press release titled "Brooks Automation to Restate Past 
Periods Related to Certain Stock Option Grants," that stated, in 
part, that "the Company will be required to correct certain SEC 
filings, including particularly its financial statements 
contained in filings for some or all of the periods commencing 
in fiscal 1999 and ending in fiscal 2005." 
Brooks further stated that "[t]he Company believes that it 
accounted for certain matters concerning stock options 
incorrectly, and as a result recognized less compensation 
expense than it should have in periods prior to fiscal 2006." On 
May 18, 2006, two individuals reportedly resigned from the 
Company's Board of Directors.
The Complaint also alleges that the Securities and Exchange 
Commission is conducting an informal inquiry concerning stock 
option grant practices to determine whether violations of the 
federal securities laws have occurred and Brooks has allegedly 
received a grand jury document subpoena from the U.S. Attorney 
for the Eastern District of New York requesting records 
pertaining to the granting of stock options.
The Complaint further alleges that during the Class Period, 
certain Company insiders sold approximately 320,000 Brooks 
shares at artificially inflates prices for proceeds of 
approximately $6.4 million.
The complaint alleges that, as a result of the Company's recent 
disclosures, that since March 20, 2006, the first trading day 
after the above-noted Wall Street Journal article of March 18, 
2006, shares of Brooks have declined from $13.88 per share at 
the opening of trading on March 20, 2006, to close at $12 per 
share at the close of trading on May 23, 2006, a decline of 
$1.88 per share, or approximately 14%.
The first identified complaint in the database is “Leech v. 
Brooks Automation, Inc. et al., Case No. 1:06-cv-11068-RWZ,” 
filed in the U.S. District Court for the District of 
Massachusetts under Judge Rya W. Zobel.
Representing the plaintiff is:
         Peter A. Pease, Esq.
         Berman DeValerio Pease Tabacco Burt & Pucillo
         One Liberty Square, 8th Floor
         Boston, MA 02109
         Phone: 617/542-8300
         Fax: 617/542-1194
         E-mail: ppease@bermanesq.com
Representing the defendants is:
         Randall W. Bodner, Esq.
         Ropes & Gray LLP
         One International Place
         Boston, MA 02110
         Phone: 617-951-7000 x7776
         Fax: 617-951-7050
         E-mail: rbodner@ropesgray.com
CALIFORNIA: Gateway Residents Sue Over Alleged Defective Complex
----------------------------------------------------------------
Seven residents of the Gateway Apartments in Marin City (Cal.) 
filed a class action against the project's developer over 
defects in the buildings, Nancy Isles Nation of the Marin 
Independent-Journal reports.
The lawsuit claims mold, water damage and disruption in the 
building endangered the health and safety of the residents.
Plaintiffs claim Gateway Apartment Partners rented the units 
knowing that they were defective while collecting rent and 
government subsidies.
According to the report, Gateway attorney Douglas Straus, said 
the developer sued the contractor and had the defects repaired 
before tenants were affected, spending about more than $10 
million on that project.
Mr. Straus said tenants were offered relocation options during 
the repairs but most chose to stay at a reduced rent.
The lawsuit asks for unspecified financial damages. A hearing is
scheduled for Jan. 19, the report said.
Gateway Apartments is a 12-building complex with 225 apartments 
built in the mid-1990s.
CARRIER CORP: Recalls Defective Air Conditioners, Heat Pumps 
------------------------------------------------------------
Carrier Corp., of Farmington, Conn., in cooperation with the 
U.S. Consumer Product Safety Commission, is voluntarily 
recalling about 185,000 Packaged Terminal Air Conditioners 
(PTAC) and Heat Pumps (PTHP).
The company said an electric heater in the unit can break, 
posing a fire hazard to consumers.
Carrier has received five reports of electric heater
failures, resulting in fires contained to the unit. No injuries 
have been reported.
This recall involves Carrier-brand packaged terminal air
conditioners (PTAC) and packaged terminal heat pumps (PTHP) 
manufactured between 2001 and 2005. Model numbers included in 
the recall are 52C, 52P, and unbranded model 84 units sold 
through the Bryant and FAST channels. Serial and model numbers 
are located on the rating/data plate on the right front of the 
unit, underneath the removable front panel. A complete list of 
the serial numbers involved in this recall can be found at 
http://www.carrierptacrecall.com. The units were sold with  
208/230 and 265 volts, and have capacities of 7,000, 9,000, 
12,000, and 15,000 BTUs.
The recalled products were made in Mexico and sold by HVAC 
dealers and factory-direct sales from January 2002 through
December 2006 for between $425 and $675.
Consumers are advised to stop using the heating mode of the 
recalled units until they are inspected in accordance with 
Carrier's inspection instructions, which can be found at 
http://www.carrierptacrecall.com. Consumers 
should contact Carrier to receive a free repair.
For additional information, contact Carrier at (800)
761-8492 between 8 a.m. and 6 p.m. ET Monday through Friday, or 
visit http://www.carrierptacrecall.com.
CMS ENERGY: Objection Filed Against $200M Securities Suit Deal
--------------------------------------------------------------
Two former officers of Consumers Energy Corp. filed an objection 
to a $200,000,000 settlement of the case, “In Re CMS Energy 
Securities Litigation, Case No. 02 CV 72004 (GCS).”  Their 
principal complaint was with the exclusion of all present and 
former officers and their immediate families from participation 
in the settlement.
Beginning in May 2002, a number of complaints were filed against 
CMS Energy Corp., Consumers Energy Corp., and certain officers 
and directors of CMS Energy and its affiliates in the U.S. 
District Court for the Eastern District of Michigan. 
The cases were consolidated into a single lawsuit under the 
caption, “In Re CMS Energy Securities Litigation, Case No. 02 CV 
72004 (GCS).”   
It generally seeks unspecified damages based on allegations that 
the defendants violated U.S. securities laws and regulations by 
making allegedly false and misleading statements about CMS 
Energy’s business and financial condition, particularly with 
respect to revenues and expenses recorded in connection with 
round-trip trading by CMS MST. 
In January 2005, the court granted a motion to dismiss Consumers 
and three of the individual defendants, but denied the motions 
to dismiss CMS Energy and the 13 remaining individual 
defendants. 
In March 2006, the court conditionally certified a class 
consisting of “all persons who purchased CMS Common Stock during 
the period of Oct. 25, 2000 through and including May 17, 2002 
and who were damaged thereby.” 
The court excluded purchasers of CMS Energy’s 8.75 percent 
Adjustable Convertible Trust Securities (ACTS) from the class 
and, in response, a new class action was filed on behalf of ACTS 
purchasers (ACTS Action) against the same defendants named in 
the Shareholder Action.  
The settlement described in the following paragraph has resolved 
both the Shareholder and ACTS Actions.
On Jan. 3, 2007, CMS Energy and other parties entered into a 
Memorandum of Understanding, subject to court approval, 
regarding settlement of the two class actions.  The settlement 
was approved by a special committee of independent directors and 
by the full board of directors of CMS Energy.   Both judged that 
it was in the best interests of shareholders to eliminate this 
business uncertainty. 
Under the terms of the MOU, the litigation was settled for a 
total of $200 million, including the cost of administering the 
settlement and any attorney fees the court awards.  CMS Energy 
made a payment of approximately $123 million plus interest on 
the settlement amount on Sept. 20, 2007.  CMS Energy’s insurers 
paid $77 million, the balance of the settlement amount. 
In entering into the MOU, CMS Energy made no admission of 
liability under the Shareholder Action and the ACTS Action. 
The parties executed a Stipulation and Agreement of Settlement 
dated May 22, 2007 (incorporating the terms of the MOU.  In 
accordance with the Stipulation, CMS Energy paid approximately 
$1 million of the settlement amount to fund administrative 
expenses. 
On Sept. 6, 2007, the court issued a final order approving the 
settlement.  The remaining settlement amount was paid following 
the Sept. 6, 2007 hearing.
On Oct. 5, 2007, two former officers of Consumers filed an 
appeal of the order approving the settlement of the shareholder 
litigation.  
Based on the objections they filed in the District Court and 
comments made on the record at the fairness hearing on Sept. 6, 
2007, they are not challenging the amount of the settlement. 
Their principal complaint was with the exclusion of all present 
and former officers and their immediate families from 
participation in the settlement, according to CMS Energy Corp.'s 
Nov. 1, 2007 Form 10-Q Filing with the U.S. Securities and 
Exchange Commission for the quarterly period ended Sept. 30, 
2007.
For more details, contact:
         Vincent R. Cappucci, Esq.
         Entwistle & Cappucci LLP
         280 Park Avenue, 26 Floor West
         New York, NY 10017
         Phone: (212) 894-7200
              - and -
         Robert A. Wallner, Esq.
         Milberg Weiss & Bershad LLP
         One Pennsylvania Plaza
         New York, NY 10119-0165
         Phone: (212) 594-5300
CRUM & FORSTER: Dismissal of N.J. RICO, Antitrust Suit Appealed 
---------------------------------------------------------------
Plaintiffs in a purported class action over allegations that 
Crum & Forster Holdings Corp. violated both the Racketeer 
Influenced and Corrupt Organizations Act and antitrust statutes  
are appealing the dismissal orders in the case. 
The company and U.S. Fire, among numerous other insurance 
company and insurance broker defendants, have been named as 
defendants in a class action filed by policyholders alleging, 
among other things, that the defendants used contingent 
commission structure to deprive policyholders of free 
competition in the market for insurance.
Plaintiffs seek certification of a nationwide class consisting 
of all persons who between Aug. 26, 1994 and the date of the 
class certification engaged the services of any one of the 
broker defendants and who entered into or renewed a contract of 
insurance with one of the insurer defendants.
In October 2006, the court partially granted defendants' motion 
to dismiss the plaintiffs' complaint, subject to plaintiffs' 
filing an amended statement of their case.
Plaintiffs thereafter filed their “supplemental statement of 
particularity” and amended case statement.  In response, 
defendants filed a renewed motion to dismiss. 
On Aug. 31, 2007, the U.S. District Court for the District of 
New Jersey dismissed the antitrust claims with prejudice.   On 
Sept. 28, 2007, the court dismissed the RICO case with prejudice 
and declined to accept supplemental jurisdiction over 
plaintiffs’ state law claims. 
The Judge gave the plaintiffs 30 days to re-plead a basis for 
federal jurisdiction over the state law claims, but the 
plaintiffs elected instead to file a notice of appeal of the 
dismissal orders to the U.S. Court of Appeals for the Third 
Circuit. 
Crum & Forster Holdings Corp. and U.S. Fire continue to be named 
as defendants, according to its Nov. 1, 2007 Form 10-Q Filing 
with the U.S. Securities and Exchange Commission for the 
quarterly period ended Sept. 30, 2007.
Crum & Forster Holdings Corp. -- http://www.cfins.com-- through    
its eight subsidiaries, offers an array of property/casualty 
insurance products to businesses, including management 
liability, automobile, and workers' compensation coverage.
DOLLAR GENERAL: Recalls Toy Cars on Paint's High Lead Content
-------------------------------------------------------------
Dollar General Merchandising Inc., of Goodlettsville, Tenn., in 
cooperation with the U.S. Consumer Product Safety Commission, is 
recalling about 380,000 pull-back action toy cars.
The company said surface paint on the cars contains excessive 
levels of lead, violating the federal lead paint standard.
No incidents/injuries have been reported so far.
The recall involves two styles of "pull and release" toy
cars, including a four pack of Super Wheels (UPC #400016576344) 
and a two pack of Super Racer cars (UPC # 883788965002).
The toy cars were made in China and sold at Dollar General 
stores nationwide from April 2007 through October 2007 for about 
$1 per pack.
Consumers are advised to immediately take the recalled toy cars 
away from children and return them to any Dollar General store 
for a full refund.
For additional information, contact Dollar General at
(800) 678-9258 between 9 a.m. and 6 p.m. ET Monday through 
Friday, or visit http://www.dollargeneral.com.
DOMINION RESOURCES: Wrongly Named in W.V. Royalty Owners Lawsuit
----------------------------------------------------------------
Dominion Resources Services, Inc. (DRS) said it was erroneously 
named as defendant in a purported class action “Jones et al. v. 
Dominion Resources Services, Inc. et al., Case No. 2:06-cv-
00671.” 
In 2006, Gary P. Jones and others filed the suit against 
Dominion Transmission, Inc., Dominion Exploration and 
Production, Inc. (DEPI) and DRS in in the U.S. District
Court for the Southern District of West Virginia under Judge
Joseph R. Goodwin
The plaintiffs are royalty owners, seeking to recover damages as 
a result of the Dominion defendants allegedly underpaying 
royalties by improperly deducting post-production costs and not 
paying fair market value for the gas produced from their leases. 
The plaintiffs seek class-action status on behalf of all West 
Virginia residents and others who are parties to or 
beneficiaries of oil and gas leases with the Dominion 
defendants. 
DRS is erroneously named as a defendant as the parent company of 
DTI and DEPI. 
Dominion Resources, Inc. -- http://www.dom.com/-- is a fully  
integrated gas and electric holding company.  Dominion 
concentrates its efforts in the energy intensive Northeast, Mid-
Atlantic and Midwest regions of the U.S. 
DOWNEY SAVINGS: Still Faces “Holman” Labor Lawsuit in Calif.
------------------------------------------------------------
Downey Savings and Loan Assoc., F.A., a subsidiary of Downey 
Financial Corp., continues to face a purported class action 
filed by two former traditional branch employees in Los Angeles 
Superior Court, California, according to the company's Nov. 1, 
2007 Form 10-Q Filing with the U.S. Securities and Exchange 
Commission for the quarterly period ended Sept. 30, 2007.
The suit was filed on Oct. 29, 2004, under the caption, “Margie 
Holman and Alice A. Mesec, et al. v. Downey Savings and Loan 
Association, Case No. BC323796.”
The complaint seeks unspecified damages for alleged unpaid 
regular and overtime wages and bonuses, inadequate meal and rest 
breaks, and related claims.
The plaintiffs are seeking class-action status to represent all 
other current and former Downey Savings employees who held the 
position of Customer Service Supervisor and/or Customer Service 
Representative at Downey Savings’ in-store branches at any time 
from Oct. 29, 2000 to date. 
Based on a review of the current facts and circumstances with 
retained outside counsel: 
       -- Downey Savings plans to oppose the claim and assert
          all appropriate defenses, and 
       -- management has provided for what is believed to be a
          reasonable estimate of exposure for this matter in the
          event of loss. 
Downey Financial Corp. -- http://www.downeysavings.com-- is a  
savings and loan holding company.  Downey Savings and Loan 
Association (the Bank) is the Company’s wholly owned subsidiary. 
The Company is also involved in real estate investments.  Its 
banking activities focus on attracting funds from the general 
public and institutions and obtaining borrowings; originating 
and investing in loans, primarily residential real estate 
mortgage loans, investment securities and mortgage-backed 
securities, and originating and selling loans to investors in 
the secondary markets.
FLOWSERVE CORP: Tex. Court Stays Proceedings in Securities Suit
---------------------------------------------------------------
The U.S. District Court for the Northern District of Texas has 
stayed the trial and all pretrial proceedings in a consolidated 
class action against Flowserve Corp.
In 2003, related lawsuits were filed in U.S. District Court for 
the Northern District of Texas, alleging that the company  
violated federal securities laws.  
Since the filing of these cases, which have been consolidated, 
the lead plaintiff has amended its complaint several times.  
The lead plaintiff’s current pleading is the fifth consolidated 
amended complaint.  
The Complaint alleges that federal securities violations 
occurred between Feb. 6, 2001 and Sept. 27, 2002 and names as 
defendants our company, C. Scott Greer,  the company's former 
Chairman, President and Chief Executive Officer, Renee J. 
Hornbaker, the company's former Vice President and Chief 
Financial Officer, PricewaterhouseCoopers LLP, the company's 
independent registered public accounting firm, and Banc of 
America Securities LLC and Credit Suisse First Boston LLC, which 
served as underwriters for the company's two public stock 
offerings during the relevant period. 
The Complaint asserts claims under Sections 10(b) and 20(a) of 
the Securities Exchange Act of 1934, and Rule 10b-5 thereunder, 
and Sections 11 and 15 of the Securities Act of 1933.  
The lead plaintiff seeks unspecified compensatory damages, 
forfeiture by Mr. Greer and Ms. Hornbaker of unspecified 
incentive-based or equity-based compensation and profits from 
any stock sales, and recovery of costs. 
On Nov. 22, 2005, the Court entered an order denying the 
defendants’ motions to dismiss the Complaint. 
The company has subsequently filed other contested motions for 
the purpose of dismissing this case which are currently pending 
before the Court. 
The case had been set for trial on Oct. 1, 2007, but on Aug. 22, 
2007, the Court stayed the trial and all pretrial proceedings 
pending its ruling on whether the case may be certified as a 
class action.
The suit is “Ryan et al. v. Flowserve Corp. et al., Case No. 03-
CV-01769,” with the U.S. District Court for the U.S. District 
Court for the Northern District of Texas under Judge Barbara M. 
G. Lynn.
Representing the plaintiffs are:
          Lerach Coughlin Stoia Geller Rudman & Robbin
          100 Pine Street, Suite 2600
          San Francisco, CA, 94111
          Phone: 415.288.4545
          Fax: 415.288.4534
          E-mail: info@lerachlaw.com
          Milberg Weiss Bershad Hynes & Lerach LLP
          600 West Broadway, 1800 One America Plaza
          San Diego, CA, 92101
          Phone: 800.449.4900
          E-mail: support@milberg.com
               - and -
          Provost & Umphrey Law Firm, LLP
          3232 McKinney Avenue, Suite 700
          Dallas, TX, 75204
          Phone: 214.744.3000
          Fax: 214.744.3015
          E-mail: info@provostumphrey.com
GATX CORP: Settles La. Suit Over Dimethyl Sulfide Leak for $415T
----------------------------------------------------------------
GATX Corp. along with other defendants in the class action, 
“Schneider, et al. v. CSX Transportation, Inc., et al.,” have 
reached a tentative $415,000 settlement for the matter.
The suit ( 2001-8924) was filed in Civil District Court for the 
Parish of Orleans, State of Louisiana on May 25, 2001 against:
 
     -- CSX Transportation, Inc.;
     -- Hercules, Inc.; 
     -- Rhodia, Inc.; 
     -- Oil Mop, L.L.C.;
     -- The Public Belt Railroad Commission for The City of New 
        Orleans;
     -- GATX Corp.;
     -- GATX Capital Corp.; 
     -- The City of New Orleans; and 
     -- The Alabama Great Southern Railroad Co.
The suit asserts that on May 25, 2000, a tank car owned by the 
Rail division of GATX Financial Corp., a wholly owned subsidiary 
of GATX that was merged into GATX in 2007 (GFC), leaked the 
fumes of its cargo, dimethyl sulfide, in a residential area in 
the western part of the city of New Orleans and that the tank 
car, while still leaking, was subsequently taken by defendant, 
New Orleans Public Belt Railroad, to another location in the 
City of New Orleans, where it was later repaired. 
Plaintiffs are seeking compensation for alleged personal 
injuries and property damages. 
The petition alleges that a class should be certified, but 
plaintiffs have not yet moved to do so.  
The defendants have offered to settle this suit by funding an 
escrow of $415,000, of which GATX has contributed $79,000.  The 
escrow will be disbursed upon receipt of releases from the 
plaintiffs and the dismissal of the uncertified class action by 
the Court. 
The parties are proceeding to finalize the settlement documents 
and processes and will then seek appropriate Court orders and 
approvals, according to the company's Nov. 1, 2007 Form 10-Q 
Filing with the U.S. Securities and Exchange Commission for the 
quarterly period ended Sept. 30, 2007. 
GATX Corp. -- http://www.gatx.com-- leases, manages, operates  
and invests in assets in the rail, marine and industrial 
equipment markets.  
HARTZ MOUNTAIN: Recalls Cat Vitamin on Possible Contamination
-------------------------------------------------------------
The Hartz Mountain Corp. is voluntarily recalling one specific 
lot of Hartz Vitamin Care for Cats due to concerns that one or 
more bottles within the lot may have been potentially 
contaminated with Salmonella. 
Hartz is fully cooperating with the US Food and Drug 
Administration in this voluntary recall.
Salmonella is an organism which can cause serious infections in 
young children, frail or elderly people, and others with 
weakened immune systems, all of whom are at particular risk from 
exposure and should avoid handling these products.
Salmonella symptoms may include fever, diarrhea, abdominal pain, 
and nausea in both cats and humans. Anyone experiencing the 
symptoms of Salmonella infection should seek immediate medical 
attention. Owners of cats exhibiting these symptoms should also 
seek veterinary assistance.
The product involved is 3600 bottles of Hartz Vitamin Care for 
Cats, lot code SZ- 1637 1, UPC number 32700-97701, which was 
manufactured by a third party manufacturer, UFAC (USA), Inc., in 
Baconton, Georgia. While normal testing conducted by Hartz and 
UFAC has not revealed the presence of Salmonella in any Hartz 
products, sampling conducted by the FDA did detect the presence 
of Salmonella. Hartz is aggressively investigating the source of 
the problem.
Although the company has not received any reports of animals or 
humans becoming ill as a result of coming into contact with this 
product, Hartz is taking immediate steps to remove the product 
from all retail stores and distribution centers. Cat owners 
should> check the lot code on their bottles, and, if the code is 
not visible, or if the bottle has lot code SZ- 16371 imprinted 
thereon, they should immediately discontinue use of the product 
and discard it in a proper manner.
Consumers can contact Hartz at 1-800-275-1414 with any questions 
they may have and to obtain reimbursement for purchased product.
INDIANA: Judge Dismisses Suit Over “Discriminatory” Property Tax 
----------------------------------------------------------------
An Indiana Tax judge has dismissed a class action brought by ten 
taxpayer organizations and several taxpayers challenging the 
constitutionality of the state's property tax system. 
A group of homeowners and taxpayer groups, including the 
Vanderburgh County Taxpayers Association, filed the suit seeking
to represent a class consisting of potentially 2 million 
taxpayers statewide.  In general, the suit questions legality of
statewide assessment methods and the use of tax abatement. It 
contends the current tax structure does not comply with the 
state constitution's requirement for a "uniform and equal rate 
of property assessment and taxation."
Specifically, according to Mr. Corbin's report, the plaintiffs 
had wanted the judge to:
     -- void the deadline extensions Gov. Mitch Daniels
        previously ordered that gave counties more time to adopt
        local-option income taxes to reduce their property taxes
        because he does not have a power to do so; and
     -- overturn a recent 1.65 percent income tax increase in
        Indianapolis, because one of the Indianapolis City-
        County Council members who voted to adopt it should have
        been disqualified over his residency. That council
        member, Patrice Abduallah, later resigned.
Defendants contended the plaintiffs did not exhaust all the
administrative remedies available to them before taking their
case to court, meaning the Indiana Tax Court does not have
jurisdiction to hear the case yet.  In response, John Price, the
plaintiff's attorney said the constitutional issues are too
broad to be decided by local tax boards or state agencies.
Indiana Tax Judge Thomas G. Fisher heard in October arguments by
the state government, the city of Indianapolis and Marion County
to dismiss the suit (Class Action Reporter, Nov. 7, 2007).
In recent development, Mr. Price the suit was dismissed by the 
Indiana Tax Court, on jurisdictional grounds.  The Court based 
its order on the current statutory framework limits which limit 
access to the Tax Court. 
The taxpayers certainly respect Judge Thomas Fisher, who 
essentially held that his hands were tied by the law as it 
stands today. The “statutory framework” to which the Judge 
referred would appear to require the taxpayers to present their 
constitutional claims to State agencies who clearly have no 
authority to take any action on claims that the agencies 
themselves violate the Indiana Constitution. The requirement for 
taxpayers to jump through bureaucratic hoops cries out for 
legislative revision. 
The taxpayers are committed to working in the upcoming session 
of the General Assembly to change Indiana law and make it more 
taxpayer friendly, when challenges are brought in the judicial 
system. In addition, the taxpayers will pursue the 
administrative hurdles set up in the current law, though it is 
unknown at this time how many months or years the process will 
take.
In addition, the various taxpayer organizations who came 
together as co-Plaintiffs in this case have concluded that by 
working together they can accomplish a great deal more than 
operating separately in their own areas of the State. 
The groups say they will now take their property tax battle to 
the Indiana General Assembly.
INTERACTIVE MEDIA: Hannah Montana Fan Sues Over Ticket Promo
------------------------------------------------------------
Two class action law firms filed a suit in the U.S. District 
Court for the Middle District of Tennessee against:
     -- Interactive Media Marketing, Inc., and 
     -- Smiley Miley, Inc. 
on behalf of a New Jersey woman and anyone else who joined the 
official Miley Cyrus Fan Club at mileyworld.com based on the 
club's representation that joining would make it easier to get 
Hannah Montana concert tickets. 
Miley Cyrus is the star of the Hannah Montana television program 
and live show.
Thousands of fans who couldn't get tickets to the Hannah Montana 
live show at the official fan club website now have legal 
recourse.
"They deceptively lured thousands of individuals into purchasing 
memberships into the Miley Cyrus fan club, and that's why we're 
suing," said Rob Peirce, of Robert Peirce & Associates, P.C., a 
Pittsburgh, Pennsylvania- based law firm that filed the Hannah 
Montana lawsuit with attorney B.J. Wade from the firm of 
Glassman, Edwards, Wade & Wyatt of Memphis, TN.
The lawsuit is asking for treble damages for all members of the 
class action and recovery of all attorneys' fees, as stipulated 
in the Tennessee Consumer Protection Act.
"Thousands of people joined the club based on the understanding 
that by joining they would be able to purchase Hannah Montana 
concert tickets before they were offered for sale to the general 
public," said Peirce.
"While the club and the website do not guarantee ticket 
availability, they explicitly state that members who log on 
shortly after tickets become available will have a good 
opportunity to get tickets. In reality, the vast majority of 
club members, including those who logged on at the appointed 
time or shortly thereafter, were unable to obtain concert 
tickets, " said Mr. Peirce.
According to the lawsuit, Interactive Media Marketing, Inc. and 
Smiley Miley, Inc., both Tennessee-based companies, knew or 
should have known that its membership vastly exceeded the number 
of available tickets.
The Hannah Montana class action is filed in the name of Kerry 
Inman, a New Jersey woman who tried to log into the site to 
purchase tickets to the Atlantic City, N.J. performance of the 
Hannah Montana "Best of Both Worlds" concert tour at the exact 
moment when tickets were to be made available for sale, but was 
unable to get the tickets.
"The scenario that the Inman family went through -- paying for a 
membership, then logging on to purchase tickets as soon as 
possible -- this scenario has been replayed thousands, if not 
tens of thousands of times over the past few months," said Mr. 
Peirce.
The suit is “Inman v. Interactive Media Marketing, Inc. et al., 
Case No. 3:2007-cv-01109” filed in the U.S. District Court for 
the Middle District.
For more information, contact:
          Rob Peirce
          Robert Peirce & Associates, Inc.
          Phone: (412) 281-7229
          E-mail: robpeirce@peircelaw.com
INTERNATIONAL SOURCING: Recalls Toys on Paint's Lead Content
------------------------------------------------------------
International Sourcing Ltd. (ISL), of Springfield, Mo., in 
cooperation with the U.S. Consumer Product Safety Commission, is 
recalling about 7,500 Dragster and Funny Car toy.
The company said surface paint on the wheels and engine of the 
toys contains excessive levels of lead, violating the federal 
lead paint standard.
No incidents/injuries have been reported so far.
The recall includes plastic models of a dragster and funny
car. The dragster is approximately 22 inches long, black in 
color with various sponsor decals on the toys. The funny car is 
approximately 14 inches long and is also black in color. Both 
models have the ISL logo imprinted on the underside.
The toys were made in China and sold at national Hot Rod 
Association (NHRA) events through Schumacher Racing, and Matco 
Tools through door to door sales by its representatives from 
March 2007 through September 2007.
Consumers are advised to immediately take the toy away from 
children, and return it to International Sourcing Ltd. for a 
full refund or replacement product.
For additional information, contact International
Sourcing Ltd at (877) 404-1584 between 8 a.m. and 5 p.m. CT 
Monday through Friday or visit http://www.islpromotions.com.
IPO LITIGATION Plaintiffs File New Class Certification Motion
------------------------------------------------------------- 
Plaintiffs in the Initial Public Offering Securities Litigation 
(05-3349-cv) filed a new motion for class certification in six 
focus cases.
Previously, the U.S. 2nd Circuit Court of Appeals denied a 
request to reconsider its decision to overturn the certification 
of the six cases (Class Action Reporter, April 11, 2007).
                     Case Background
On Oct. 13, 2004, six selected focus cases, among the more than 
300 coordinated cases in the IPO allocation litigation, were 
certified as class actions.  The actions are coordinated for 
pretrial purposes before U.S. District Court Judge Shira A. 
Scheindlin in the Southern District of New York.
The six focus cases are that against Corvis Corp.; Engage 
Technologies, Inc.; Firepond, Inc.; iXL Enterprises, Inc.; 
Sycamore Networks, Inc.; and VA Linux Corp.
The IPO Litigation consists of 309 class actions involving more 
than 300 IPOs marketed between 1998 and 2000.  The defendants 
include the companies brought public, certain of their officers 
and directors and 55 of the investment banks that brought them 
public and underwrote various follow-on offerings. 
The lawsuits allege that the IPO offerings were manipulated by 
the investment banks to artificially inflate the market price of 
those securities and to reap excessive compensation and that 
their conduct was concealed from the public, in violation of the 
federal securities laws.  There are also allegations that they 
misused their securities analysts to hype the stock.
In June 2006, The Plaintiffs' Executive Committee announced that 
a proposed settlement between the issuer defendants and their 
directors and officers and the plaintiffs has been structured in 
the IPO Securities Litigation which would guarantee at least (or 
the first) $1 billion dollars to investors who are class members 
from the insurers of the issuers. 
                Decertification of Focus Cases
On Dec. 5, 2006, the U.S. Court of Appeals for the 2nd Circuit 
issued a decision reversing the court's ruling certifying six of 
the cases in the consolidated proceedings as class actions. 
On Dec. 14, 2006, the court agreed to stay all proceedings, 
including consideration of the settlement, pending a decision 
from the 2nd Circuit on whether it will hear further argument on 
the class certification issue.
In seeking for a review, plaintiffs argued that the initial 
decision by the 2nd U.S. Circuit Court of Appeals adopted 
incorrect standards that a district court must apply in 
determining whether to grant class certification, according to 
Law.com.
They also said the circuit erred in concluding that the 
criterion for certification set out in Rule 23(b)(3) of the 
Federal Rule of Civil Procedure could not be satisfied with 
respect to their class, and argued that a remand was appropriate 
to enable the district court to reconsider the class 
certification motion under the standards set forth by the 
circuit. 
       Denial to Hear Rehearing of Decertification
On April 6, 2007, the Second Circuit denied plaintiffs’ petition 
for rehearing, but allowed the plaintiffs to request that the 
district court certify a more limited class. On April 23, 2007, 
plaintiffs requested 30 days to report to the District Court on 
how they wish to proceed regarding class certification.
The District Court indicated that a new class definition was a 
priority for the issuers’ proposed settlement agreement, and met 
on May 30, 2007, to discuss this as well as other issues. During 
the May 30, 2007 conference, the plaintiffs orally moved for 
revised class certification and stated that they will seek mixed 
class and merits discovery in advance of their opening brief on 
class certification. The plaintiffs also indicated that they may 
seek discovery from issuers in cases other than the six focus 
cases. 
On June 25, 2007, the parties submitted a stipulation to 
terminate the settlement, which was granted by Court Order. On 
June 26, 2007, plaintiffs served a document request on all 
issuer defendants. On June 27, 2007, the Court held a conference 
with counsel for all three groups in the case. The parties 
agreed that the plaintiffs had until July 31, 2007, to file any 
Amended Complaints. 
In addition, the Court set the following briefing schedule for 
class certification: opening briefs due by September 27, 2007, 
responses due by December 21, 2007, and reply briefs due by 
February 15, 2008. Finally, the plaintiffs had until July 11, 
2007, to respond to the underwriters’ motion, joined by the 
issuers, regarding the statute of limitations. 
There was a conference with the Court to address discovery 
issues on July 25, 2007; however, the conference was adjourned 
at the request of the parties, and has not been rescheduled. On 
July 31, 2007, the plaintiffs requested that the Court extend 
the deadline to August 14, 2007, for filing any Amended 
Complaints.  On August 14, 2007, the plaintiffs filed amended 
complaints in the six focus cases. The amended complaints 
include a number of changes, such as changes to the definition 
of the purported class of investors, and the elimination of the 
individual defendants as defendants. 
On September 27, 2007, the plaintiffs filed a motion for class 
certification in the six focus cases. If the plaintiffs are 
successful in obtaining class certification, they are expected 
to amend the complaint against the Company and the other non-
focus case issuers in the same manner that they amended the 
complaints against the focus case issuers and to seek 
certification of a class in the Company’s case.
The proposed class is any person or entity who bought shares of 
any of the corporations listed below on or prior to Dec. 6, 
2000.
ISSUER                                      BEGIN DATE END DATE
724 Solutions, Inc.                         01/27/00 12/06/00
Accelerated Networks, Inc.                  06/22/00 12/06/00
ACLARA BioSciences, Inc.                    03/20/00 12/06/00
Aether Systems, Inc.                        10/20/99 12/06/00
AGENCY.COM, Ltd.                            12/08/99 12/06/00
Agile Software Corp.                        08/20/99 12/06/00
Agilent Technologies, Inc.                  11/17/99 12/06/00
AirNet Communications                       12/06/99 12/06/00
Airspan Networks, Inc.                      07/19/00 12/06/00
Akamai Technologies, Inc.                   10/28/99 12/06/00
Alamosa PCS Holdings, Inc.                  02/03/00 12/06/00
Alloy Online, Inc.                          05/14/99 12/06/00
Antigenics Inc. (named as Antigenics, Inc.) 02/03/00 12/06/00
Apropos Technology, Inc.                    02/17/00 12/06/00
Ariba, Inc.                                 06/23/99 12/06/00
Ashford.com, Inc.                           09/22/99 12/06/00
AsiaInfo Holdings, Inc.                     03/03/00 12/06/00
Ask Jeeves, Inc.                            07/01/99 12/06/00
Audible, Inc.                               07/15/99 12/06/00
Autobytel.com, Inc.                         03/26/99 12/06/00
AutoWeb.com, Inc.                           03/23/99 12/06/00
Avanex Corporation                          02/03/00 12/06/00
AvantGo, Inc.                               09/27/00 12/06/00
Avenue A, Inc.                              02/28/00 12/06/00
Avici Systems Inc. (named as Avici Systems, 07/27/00 12/06/00
Inc.)                                           
BackWeb Technologies Ltd.                  06/07/99 12/06/00
Be Free, Inc.                              11/03/99 12/06/00
Blue Martini Software, Inc.                07/24/00 12/06/00
Bookham Technology PLC                     04/11/00 12/06/00
Bottomline Technologies, Inc.              02/12/99 12/06/00
Braun Consulting, Inc.                     08/10/99 12/06/00
Breakaway Solutions, Inc.                  10/05/99 12/06/00
Brocade Communication Systems, Inc.        05/24/99 12/06/00
BSQUARE Corporation                        10/19/99 12/06/00
Buy.com, Inc.                              02/07/00 12/06/00
CacheFlow, Inc. (now Blue Coat Systems)    11/19/99 12/06/00
Caldera International, Inc.                03/20/00 12/06/00
Calico Commerce, Inc.                      10/06/99 12/06/00
Caliper Technologies Corp. (now Caliper Life
Sciences, Inc.)
                                           12/14/99 12/06/00
Capstone Turbine Corp.                     06/28/00 12/06/00
Carrier1 International SA                  02/23/00 12/06/00
Centra Software, Inc.                      02/03/00 12/06/00
chinadotcom corporation                    07/12/99 12/06/00
Choice One Communications, Inc.            02/16/00 12/06/00
Chordiant Software, Inc.                   02/14/00 12/06/00
Clarent Corporation                        06/30/99 12/06/00
CNET Networks (named as successor-ininterest
to Ziff-Davis)1                            03/30/99 12/06/00
Cobalt Networks, Inc.                      11/05/99 12/06/00
Commerce One, Inc.                         07/01/99 12/06/00
Concur Technologies, Inc.                  12/16/98 12/06/00
Copper Mountain Networks, Inc.             05/12/99 12/06/00
Corio, Inc.                                07/21/00 12/06/00
Corvis Corp.                               07/27/00 12/06/00
Cosine Communications, Inc.                09/25/00 12/06/00
Covad Communications Group, Inc.           01/21/99 12/06/00
Critical Path, Inc.                        03/29/99 12/06/00
CyberSource Corporation                    06/23/99 12/06/00
Daleen Technologies, Inc.                  09/30/99 12/06/00
Data Return Corp.                          10/27/99 12/06/00
deCODE Genetics, Inc.                      07/17/00 12/06/00
Delano Technology Corporation              02/09/00 12/06/00
deltathree, Inc.                           11/22/99 12/06/00
Dice, Inc. (named as EarthWeb, Inc.)       11/10/98 12/06/00
Digimarc Corporation                       12/01/99 12/06/00
Digital Impact, Inc.                       11/22/99 12/06/00
Digital Insight Corp.                      09/30/99 12/06/00
Digital Island Corporation (now Cable &
Wireless plc)                              06/29/99 12/06/00
Digital River, Inc.                        08/11/98 12/06/00
DigitalThink, Inc.                         02/24/00 12/06/00
Digitas, Inc.                              03/13/00 12/06/00
Diversa Corp.                              02/14/00 12/06/00
DoubleClick, Inc.                          12/11/98 12/06/00
Drugstore.com, Inc.                        07/28/99 12/06/00
Epiphany, Inc.                             09/21/99 12/06/00
eBenX Inc.                                 12/09/99 12/06/00
eGain Communications Corp.                 09/23/99 12/06/00
El Sitio, Inc.                             12/10/99 12/06/00
E-Loan, Inc.                               06/28/99 12/06/00
Eloquent, Inc.                             02/16/00 12/06/00
Engage Technologies, Inc.                  07/20/99 12/06/00
Equinix, Inc.                              08/10/00 12/06/00
eToys, Inc.                                05/20/99 12/06/00
Evolve Software, Inc.                      08/09/00 12/06/00
Exchange Applications, Inc.                12/09/98 12/06/00
EXFO Electro Optical Engineering, Inc.     06/29/00 12/06/00
Expedia, Inc.                              11/09/99 12/06/00
Extensity, Inc.                            01/26/00 12/06/00
Extreme Networks, Inc.                     04/08/99 12/06/00
F5 Networks, Inc.                          06/04/99 12/06/00
Fairmarket, Inc.                           03/14/00 12/06/00
Fatbrain.com                               11/19/98 12/06/00
Finisar Corp.                              11/11/99 12/06/00
FirePond, Inc.                             02/04/00 12/06/00
FlashNet Communications, Inc.              03/16/99 12/06/00
Focal Communications                       07/28/99 12/06/00
Foundry Networks, Inc.                     09/27/99 12/06/00
FreeMarkets, Inc.                          12/09/99 12/06/00
Gadzoox Networks, Inc.                     07/19/99 12/06/00
Gigamedia Ltd.                             02/17/00 12/06/00
Global Crossing Ltd.                       08/13/98 12/06/00
GlobeSpan, Inc. (now GlobeSpanVirata, Inc.)06/23/99 12/06/00
GoTo.com (now Overture Services, Inc.)     06/18/99 12/06/00
GRIC Communications                        12/14/99 12/06/00
GT Group Telecom, Inc.                     03/09/00 12/06/00
Handspring, Inc. (now PalmOne, Inc.)       06/20/00 12/06/00
High Speed Access Corp.                    06/04/99 12/06/00
Hoover's, Inc.                             07/20/99 12/06/00
iBasis, Inc.                               11/10/99 12/06/00
iBeam Broadcasting Corporation             05/17/00 12/06/00
iManage, Inc.                              11/17/99 12/06/00
Immersion Corp.                            11/12/99 12/06/00
Impsat Fiber Networks, Inc.                01/31/00 12/06/00
Informatica Corp.                          04/28/99 12/06/00
InforMax, Inc. (now Invitrogen Corp.)      10/02/00 12/06/00
Inforte Corp.                              02/17/00 12/06/00
Inrange Technologies Corp.                 09/21/00 12/06/00
InsWeb Corp.                               07/22/99 12/06/00
Integrated Information Systems, Inc.       03/17/00 12/06/00
Integrated Telecom Express, Inc.           08/18/00 12/06/00
InterNAP Network Services Corporation      09/29/99 12/06/00
Internet Capital Group                     08/04/99 12/06/00
Internet Initiative Japan, Inc.            08/03/99 12/06/00
Intersil Holding Corp.                     02/24/00 12/06/00
InterTrust Technologies Corp.              10/26/99 12/06/00
interWAVE Communications InternationalLtd. 01/31/00 12/06/00
Interwoven, Inc.                           10/08/99 12/06/00
Intraware, Inc.                            02/25/99 12/06/00
iPrint.com, Inc. (now iPrint Technologies,
inc.)                                      03/07/00 12/06/00
ITXC Corporation                           09/27/99 12/06/00
iVillage, Inc.                             03/18/99 12/06/00
iXL Enterprises, Inc.                      06/02/99 12/06/00
Jazztel PLC                                12/08/99 12/06/00
JNI Corp.                                  10/26/99 12/06/00
Juniper Networks Inc.                      06/24/99 12/06/00
Kana Software, Inc.                        09/21/99 12/06/00
Keynote Systems Inc.                       09/24/99 12/06/00
Korea Thrunet Co. Ltd.                     09/16/99 12/06/00
Lante Corporation                          02/10/00 12/06/00
Latitude Communications, Inc.              05/06/99 12/06/00
Lexent Inc.                                07/27/00 12/06/00
Liberate Technologies (named as Liberate
Technologies, Inc.)                        07/27/99 12/06/00
Lionbridge Technologies, Inc.              08/20/99 12/06/00
Liquid Audio, Inc.                         07/08/99 12/06/00
Loudeye Technologies, Inc.                 03/15/00 12/06/00
Manufacturers Services Ltd.                06/22/00 12/06/00
Marimba, Inc.                              04/29/99 12/06/00
MarketWatch.com, Inc.                      01/15/99 12/06/00
Martha Stewart Living
 Omnimedia, Inc.      10/18/99 12/06/00
Marvell Technology Group, Ltd.             06/27/00 12/06/00
MatrixOne, Inc.                            03/01/00 12/06/00
Maxygen, Inc.                              12/15/99 12/06/00
McAfee.com Corp.                           12/01/99 12/06/00
McData Corporation                         08/09/00 12/06/00
MCK Communications, Inc.                   10/22/99 12/06/00
Mediaplex, Inc.                            11/19/99 12/06/00
MedicaLogic, Inc.                          12/10/99 12/06/00
MetaSolv Software, Inc.                    11/17/99 12/06/00
Metawave Communications Corp.              04/26/00 12/06/00
Microtune, Inc.                            08/04/00 12/06/00
Modem Media, Inc.                          02/05/99 12/06/00
MP3.com, Inc.                              07/21/99 12/06/00
Multex.com, Inc.                           03/17/99 12/06/00
NaviSite, Inc.                             10/22/99 12/06/00
Neoforma.com, Inc.                         01/24/00 12/06/00
Net Perceptions, Inc.                      04/22/99 12/06/00
Net2000 Communications, Inc.               03/06/00 12/06/00
Net2Phone, Inc.                            07/29/99 12/06/00
Netcentives, Inc.                          10/13/99 12/06/00
NetRatings, Inc.                           12/08/99 12/06/00
Netro Corporation (now SR Telecom Inc.)    08/18/99 12/06/00
NetSilicon, Inc.                           09/15/99 12/06/00
NetSolve, Inc.                             09/29/99 12/06/00
Network Engines Inc.                       07/13/00 12/06/00
Network Plus Corporation                   06/29/99 12/06/00
NetZero, Inc.                              09/23/99 12/06/00
New Focus, Inc.                            05/17/00 12/06/00
Next Level Communications                  11/09/99 12/06/00
NextCard, Inc.                             05/14/99 12/06/00
Nextel Partners, Inc.                      02/22/00 12/06/00
Niku Corp.                                 02/28/00 12/06/00
Northpoint Communications Group Inc.       05/05/99 12/06/00
Nuance Communications, Inc.                04/12/00 12/06/00
OmniSky Corp.                              09/20/00 12/06/00
OmniVision Technologies, Inc.              07/14/00 12/06/00
ON Semiconductor Corporation (named as
ON Semiconductor Corp.)                    04/27/00 12/06/00
ONI Systems Corp. (now CIENA Corp.)        06/01/00 12/06/00
Onvia.com, Inc.                            02/29/00 12/06/00
Onyx Software Corp.                        02/11/99 12/06/00
OpenTV Corp.                               11/23/99 12/06/00
Openwave Systems Inc. (named as Openwave
Systems, Inc.) (f/k/a Phone.com, Inc.)     06/11/99 12/06/00
Oplink Communications, Inc.                10/03/00 12/06/00
Optio Software, Inc.                       12/15/99 12/06/00
OraPharma, Inc.                            03/09/00 12/06/00
Oratec Interventions, Inc.                 04/04/00 12/06/00
Orchid Biosciences, Inc.                   05/04/00 12/06/00
Organic, Inc.                              02/09/00 12/06/00
OTG Software, Inc.                         03/10/00 12/06/00
Pacific Internet Ltd.                      02/05/99 12/06/00
Packeteer, Inc.                            07/27/99 12/06/00
Pac-West Telecomm, Inc.                    11/03/99 12/06/00
Palm Inc.                                  03/01/00 12/06/00
Paradyne Networks, Inc.                    07/15/99 12/06/00
pcOrder.com, Inc. (named as PCOrder.com,
Inc.) (now Trilogy Software, Inc.)         02/25/99 12/06/00
Perot Systems Corp.                        02/01/99 12/06/00
PlanetRX.com                               10/06/99 12/06/00
Portal Software, Inc.                      05/05/99 12/06/00
Predictive Systems, Inc.                   10/27/99 12/06/00
Preview Systems, Inc.                      12/07/99 12/06/00
priceline.com Inc. (named as Priceline.com,
Inc.)                                      03/30/99 12/06/00
Primus Knowledge Solutions Inc.            07/01/99 12/06/00
Prodigy Communications Inc.                02/10/99 12/06/00
Proton Energy Systems, Inc.                09/28/00 12/06/00
PSi Technologies Holdings, Inc.            03/16/00 12/06/00
PurchasePro.com, Inc.                      09/13/99 12/06/00
Quest Software, Inc.                       08/13/99 12/06/00
Quicklogic Corp.                           10/14/99 12/06/00
Radio One, Inc.                            05/06/99 12/06/00
Radio Unica Communications Corp.           10/19/99 12/06/00
Radware Ltd.                               09/30/99 12/06/00
Ravisent Technologies, Inc.                07/16/99 12/06/00
Razorfish, Inc.                            04/26/99 12/06/00
Red Hat, Inc.                              08/11/99 12/06/00
Redback Networks, Inc.                     05/17/99 12/06/00
Regent Communications Inc.                 01/24/00 12/06/00
Register.com, Inc.                         03/02/00 12/06/00
Repeater Technologies, Inc.                08/08/00 12/06/00
Resonate, Inc.                             08/02/00 12/06/00
Retek Inc.                                 11/17/99 12/06/00
Rhythms NetConnections, Inc.               04/06/99 12/06/00
Rowecom, Inc.                              03/09/99 12/06/00
Saba Software, Inc.                        04/06/00 12/06/00
Satyam Infoway, Inc.                       10/18/99 12/06/00
SciQuest.com, Inc.                         11/19/99 12/06/00
Selectica, Inc.                            03/09/00 12/06/00
Sequenom, Inc.                             01/31/00 12/06/00
Silicon Image, Inc.                        10/05/99 12/06/00
Silicon Laboratories, Inc.                 03/24/00 12/06/00
SilverStream Software, Inc.                08/16/99 12/06/00
Sirenza Microdevices, Inc. (f/k/a Stanford
Microdevices)                              05/24/00 12/06/00
SmartDisk Corporation                      10/05/99 12/06/00
SMTC Corp.                                 07/20/00 12/06/00
SonicWALL, Inc.                            11/11/99 12/06/00
Sonus Networks, Inc.                       05/24/00 12/06/00
Spanish Broadcasting System, Inc.          10/27/99 12/06/00
Stamps.com, Inc.                           06/24/99 12/06/00
StarMedia Network, Inc. (now CycleLogic,
Inc.)                                      05/25/99 12/06/00
StorageNetworks, Inc.                      06/29/00 12/06/00
Stratos Lightwave, Inc. (now known as
Stratos International, Inc.)               06/26/00 12/06/00
Support.com, Inc. (now SupportSoft, Inc.) 07/18/00 12/06/00
Switchboard, Inc.                         03/02/00 12/06/00
Sycamore Networks, Inc.                   10/21/99 12/06/00
Talarian Corporation                      07/20/00 12/06/00
Telaxis Communications Corp. (now YDI
Wireless, Inc.)                           02/01/00 12/06/00
TeleCommunication Systems Inc.            08/07/00 12/06/00
TeleCorp PCS, Inc.                        11/23/99 12/06/00
TenFold Corp.                             05/21/99 12/06/00
Terra Networks, S.A.                      11/15/99 12/06/00
TheGlobe.com, Inc.                        11/12/98 12/06/00
TheStreet.com, Inc.                       05/10/99 12/06/00
TIBCO Software, Inc.                      07/13/99 12/06/00
Ticketmaster Online-CitySearch, Inc. (now
Ticketmaster)                             12/02/98 12/06/00
Tickets.com, Inc.                         11/03/99 12/06/00
Tippingpoint Technologies, Inc.           03/17/00 12/06/00
TiVo, Inc.                                09/29/99 12/06/00
Transmeta Corporation (named as Transmeta
Corp.)                                    11/06/00 12/06/00
Triton Network Systems, Inc.              07/12/00 12/06/00
Turnstone Systems, Inc.                   01/31/00 12/06/00
Tut Systems, Inc.                         01/29/99 12/06/00
UAXS Global Holdings Inc. (now Universal
Access Global Holdings Inc.)              03/16/00 12/06/00
United Pan-European Communications NV     02/11/99 12/06/00
Usinternetworking, Inc.                   04/08/99 12/06/00
UTStarcom, Inc.                           03/02/00 12/06/00
VA Linux Systems Inc. (now VA Software
Corp.)                                    12/09/99 12/06/00
ValiCert, Inc.                            07/27/00 12/06/00
Valley Media, Inc.                        03/26/99 12/06/00
Value America, Inc.                       04/08/99 12/06/00
Variagenics, Inc.                         07/21/00 12/06/00
Ventro Corporation (now NexPrise, Inc.)   07/26/99 12/06/00
Verado Holdings, Inc. (f/k/a First World   
Comm. Inc.)                               03/08/00 12/06/00
VerticalNet, Inc.                         02/10/99 12/06/00
VIA Net.Works, Inc.                       02/11/00 12/06/00
Viador, Inc.                              10/25/99 12/06/00
Viant Corporation                         06/17/99 12/06/00
Vicinity Corporation                      02/09/00 12/06/00
Vignette Corp.                            02/19/99 12/06/00
Virage, Inc.                              06/29/00 12/06/00
Vitria Technology, Inc.                   09/16/99 12/06/00
Vixel Corp. (now Emulex Corp.)            10/01/99 12/06/00
WebMD Corporation                         02/10/99 12/06/00
webMethods, Inc. (named as WebMethods,
Inc.)                                     02/10/00 12/06/00
Webvan Group, Inc.                        11/04/99 12/06/00
Wink Communications                       08/19/99 12/06/00
Wireless Facilities, Inc.                 11/04/99 12/06/00
Women.com Networks, Inc.                  10/14/99 12/06/00
World Wrestling Federation Entertainment,
Inc.                                      10/18/99 12/06/00
XCare.net, Inc. (now Quovadx, Inc.)       02/09/00 12/06/00
Xpedior, Inc.                             12/15/99 12/06/00
Z-Tel Technologies, Inc.                   12/15/99 12/06/00
1 This settlement applies only to investors in the class of 
Ziff-Davis, Inc. stock intended to track the performance of the 
ZDNet business unit,
 which is traded under the symbol ZDZ.  This 
settlement does not apply to investors in other securities 
issued by Ziff-Davis, Inc. or CNET Networks, Inc.
For more details, visit http://www.iposecuritieslitigation.com/.
KROGER CO: Recalls Mislabeled Light Caesar Salad Dressing 
---------------------------------------------------------
The Kroger Co. announced a recall of Kroger brand 16 oz. Light 
Caesar Salad Dressing with a Sell By date of May 09 08, a code 
of SA7221 and a UPC number: 0 11110-71765 8 on the back label.
The salad dressing is being recalled because the back label of 
the bottle was mislabeled with a Light Asian Salad Dressing 
label. A small number of cases were released that contain the 
back label for light Asian Dressing which does not list milk, 
egg, and anchovies in the ingredient statement or allergen 
contains statement. People who have an allergy to milk, eggs, 
and/or anchovies run the risk of serious or life-threatening 
reaction if they consume this product.
No illnesses have been reported. For most consumers, there is no 
safety issue with the salad dressing.
The salad dressing may have been distributed to Kroger, Dillons, 
Food 4 Less (Chicago area only), Jay C, Smith's, Fry's, King 
Soopers, and City Market grocery stores. No other Kroger-brand 
salad dressings are affected by this recall.
The mislabeling issue was identified at three Fry's stores in 
the Phoenix area. The Company is investigating the mislabeling 
and will enhance labeling procedures to prevent future 
occurrences.
Customers are encouraged to return the product to the store they 
purchased it from for a full refund.
Consumers with questions or concerns may call The Kroger Co. at 
1-800-632-6900.
LABOR READY: Calif. Court Approves Settlement in Sex Bias Case
--------------------------------------------------------------
The California State Court in Los Angeles County gave final 
approval to a settlement of a sex discrimination suit filed by 
temporary employees and job applicants of Labor Ready, Inc.
On July 29, 2002, Marisol Balanderan and 55 other plaintiffs 
filed an action against the company and one of the company's 
customers in California State Court, Los Angeles County.  
Plaintiffs are temporary employees and job applicants who seek 
unquantified compensatory and punitive damages based on 
allegations that they were subjected to discrimination in 
dispatch to jobs on the basis of their female gender, throughout 
a period from September 2001 through January 2002.
They also seek certification of a class of similarly situated 
temporary employees. 
 
On April 26, 2007, the parties entered into a settlement 
agreement which resolved all outstanding claims.  
On Aug. 6, 2007, the Court issued final approval of the 
settlement, according to its Nov. 1, 2007 Form 10-Q Filing with 
the U.S. Securities and Exchange Commission for the quarterly 
period ended Sept. 28, 2007.
Labor Ready, Inc. -- http://www.laborready.com/-- is an  
international provider of temporary employees for manual labor, 
light industrial and skilled construction trades, operating 
under the brand names of Labor Ready, Labour Ready, Workforce, 
Spartan Staffing and CLP Resources.  
LABOR READY: Settles Calif. Overtime Suit by Former Employees
-------------------------------------------------------------
Parties in a class action accusing Labor Ready, Inc. of 
violating California's overtime wage laws have reached a 
settlement for the matter.
Initially, on July 16, 2003, Alecia Recio, Elizabeth Esquivel, 
Debbie Owen and Barry Selbts, each a current or former Labor 
Ready employee, jointly filed an action in U.S. District Court 
for the Central District of California, alleging failure to pay 
overtime under state and federal law and seeking unspecified 
damages and certification of a class of similarly situated 
employees. 
On Sept. 23, 2003, the court dismissed the case for improper 
venue.  On Oct. 1, 2003, Ms. Recio re-filed her case in 
California State Court, Los Angeles County, seeking similar 
relief on behalf of Labor Ready employees employed in the State 
of California.  
On Dec. 14, 2006 the Court denied the company's motion to 
transfer venue to the U.S. District Court for the Western 
District of Washington.  
The case went to mediation on Sept. 27, 2007 and on Oct. 12, 
2007.  
Subsequently, the parties entered into a settlement which 
resolved all claims, according to its Nov. 1, 2007 Form 10-Q 
Filing with the U.S. Securities and Exchange Commission for the 
quarterly period ended Sept. 28, 2007.
Labor Ready, Inc. -- http://www.laborready.com/-- is an  
international provider of temporary employees for manual labor, 
light industrial and skilled construction trades, operating 
under the brand names of Labor Ready, Labour Ready, Workforce, 
Spartan Staffing and CLP Resources. 
MEDTRONIC INC: Faces Kansas Suits Over Wire in Defibrillators 
-------------------------------------------------------------
Kenneth Carlile of Kansas City and Phillip S. Brown, a Johnson 
County resident filed class actions against Medtronic Inc. over 
malfunctions that could occur in heart defibrillators implanted 
in more than a quarter-million patients, Julius Karash of The 
Kansas City Star reports.
The Carlile lawsuit was filed in federal court in Kansas City 
and the Brown lawsuit was filed in federal court in Kansas City, 
Kansas. 
Plaintiffs claim that Medtronic was negligent in its design of 
electronic wires -- known as SprintFidelis leads -- that connect 
the defibrillators to patients’ hearts.
Each lawsuit contains six counts, including allegations of 
negligence and failure to warn patients of problems with the 
Sprint Fidelis wires earlier.
On October 15, 2007, due to reports of adverse events and at
least five patient deaths with defibrillator leads sold under
the brand name Sprint Fidelis, Medtronic issued a recall of the
product.
Leads are the thin insulated wires connected to a defibrillator
that carry electric impulses to the heart. Your wallet card will
specify the manufacturer of your defibrillator leads.
According to Mr. Karash, Medtronic spokesman Rob Clark said the 
company did not comment on the specifics of litigation filed 
against it, adding that lawsuits could be expected when the 
company recalled products.
Medtronic, Inc., based in Minneapolis, Minnesota, is a leading
manufacturer of medical technology, specializing in implantable
and interventional therapies.
MIDWAY GAMES: Still Faces Securities Fraud Lawsuits in Illinois
---------------------------------------------------------------
Midway Games, Inc. continues to face purported securities fraud 
class actions filed in the U.S. District Court for the Northern 
District of Illinois.
Beginning on July 6, 2007 a number of putative securities class 
actions were filed against Midway, Steven M. Allison, James R. 
Boyle, Miguel Iribarren, Thomas E. Powell and David F. Zucker.
The lawsuits are essentially identical and purport to bring suit 
on behalf of those who purchased the Company’s publicly traded 
securities between Aug. 4, 2005 and May 24, 2006.
Plaintiffs allege that defendants made a series of 
misrepresentations and omissions about Midway’s financial well-
being and prospects concerning its financial performance, 
including decisions regarding reductions in work force, the 
company’s need to seek additional capital, and decisions by 
Sumner Redstone and his related parties with respect to their 
ownership or trading of the company’s common stock, that had the 
effect of artificially inflating the market price of the 
Company’s securities during the Class Period.  
Plaintiffs also claim that defendants lacked a reasonable basis 
for the company’s earnings projections, which plaintiffs alleged 
were materially false and misleading.  
Plaintiffs seek to recover damages on behalf of all purchasers 
of the company’s common stock during the Class Period. 
The company reported no development in the matter in its Nov. 1, 
2007 Form 10-Q Filing with the U.S. Securities and Exchange 
Commission for the quarterly period ended Sept. 30, 2007.
The suit is “Joseph Zerger, et al. v. Midway Games Inc., et al., 
Case No. 07-CV-03797,” filed in the U.S. District Court for the 
Northern District of Illinois under Judge David H. Coar.
Representing the plaintiffs are:
          Lasky & Rifkind, Ltd.
          100 Park Avenue
          New York, NY, 10017
          Phone: 212.907.0800
          Fax: 212.684.6083
               - and -
          Lerach Coughlin Stoia Geller Rudman & Robbins LLP
          655 West Broadway, Suite 1900
          San Diego, CA, 92101
          Phone: 619.231.1058
          Fax: 619.231.7423 
NATIONAL CITY: Reserves $25M to Settle Loan Originators Suit 
------------------------------------------------------------
National City Corp. recorded at its third quarter earnings a $25 
million reserve based on a proposed settlement agreement in a 
pending wage and hour class action which, pending court 
approval, will resolve all claims related to that action.
On November 6, 2007, National City’s subsidiary bank, National 
City Bank, along with several affiliated entities, reached an 
agreement in principle with the plaintiffs of a class action 
lawsuit involving mortgage loan originators. 
Under the proposed settlement, National City, without admitting 
any liability, agreed to resolve all wage and hour claims of the 
loan originators identified as employees during the class 
period. The settlement is subject to court approval. National 
City has established a reserve of $25,000,000. This resulted in 
a $17 million reduction in net income, or $.03 reduction in 
diluted earnings per share, in the third quarter of 2007.
NEW YORK: Fails to Provide Public Defense to Poor, NYCLU Claims
---------------------------------------------------------------
The state of New York is facing a class action in the Supreme 
Court of the State of New York County of Albany accusing it of 
failing in its constitutional duty to provide effective counsel 
to New Yorkers accused of crimes who cannot afford to pay 
private lawyers.
This civil rights lawsuit was brought by the New York Civil 
Liberties Union and the law firm of Schulte Roth & Zabel LLP 
seeking to remedy the State of New York’s alleged persistent 
failure to guarantee meaningful and effective legal 
representation to indigent people accused of crimes, as required 
by the New York State Constitution and laws and the United 
States Constitution.
The plaintiffs bring this class action pursuant to Article 9 of 
the New York Civil Practice Law and Rules on behalf of all 
indigent persons who have or will have criminal felony,
misdemeanor, or lesser charges pending against them in New York 
state courts in Onondaga, Ontario, Schuyler, Suffolk and 
Washington counties who are entitled to rely on the government 
of New York to provide them with meaningful and effective 
defense counsel. The Class includes all indigent persons against 
whom criminal charges will be brought in the Counties during the 
pendency of this action.
Plaintiffs and the members of the class have allegedly suffered 
or are at imminent, severe and unacceptably high risk of 
suffering irreparable harm because of the Defendant’s failure to
remedy the financial and administrative deficiencies that plague 
the provision of public defense.
The suit raises these claims:
     (1) Violation of Article I, SS 6 of the Constitution of the 
         State of New York;
     (2) Violation of New York State Statutes Guaranteeing the 
         Right to Counsel for Indigent Defendants;
     (3) Violation of the Sixth and Fourteenth Amendments to the    
         United States Constitution and 42 USC S 1983; 
It asks for the certification of this action as a class action; 
a declaration pursuant to CPLR SS 3001 that the plaintiffs’ 
rights are being violated; a preliminary and a permanent 
injunction requiring the defendant to provide a system
of public defense consistent with the Constitution and laws of 
the State of New York and the United States Constitution; and an 
award of the plaintiffs’ attorneys’ fees, costs and 
disbursements.
Representing the plaintiffs are:
          Corey Stoughton, Esq.
          Palyn Hung, Esq.
          Donna Lieberman, Esq.
          Arthur Eisenberg, Esq.
          Christopher Dunn, Esq.
          125 Broad St., 19th Floor
          New York, NY 10004
          Phone: (212) 607-3300
          Fax: (212) 607-3318
          Gary Stein, Esq.
          Danny Greenberg, Esq.
          Sena Kim-Reuter, Esq,
          Estee Konor, Esq.
          Ximena Naranjo, Esq.
          Michelle Paris, Esq.
          Schulte Roth & Zabel LLP
          919 Third Avenue
          New York, NY 10022
          Phone: (212) 756-2000
          Fax: (212) 593-5955
NICOR ENERGY: Settles Ill. Litigation Over Fixed Bill Service 
-------------------------------------------------------------
Nicor Energy Services Co., a subsidiary of Nicor, Inc., settled 
a purported class action filed in the Circuit Court of Cook 
County, Illinois over the company's fixed bill service.
On April 29, 2003, a second amended purported class action 
complaint was filed in the Circuit Court of Cook County, 
Illinois against Nicor Energy/Nicor Services, alleging violation 
of the Illinois Consumer Fraud Act by the company relating to 
the fixed bill service offered by Nicor Services.  
Nicor Services offered a fixed bill product under which it paid 
the annual gas service portion of a customer's Nicor Gas Co. 
utility bill in exchange for twelve equal monthly payments by 
the customer to Nicor Services, regardless of changes in the 
price of natural gas or weather.  
The plaintiff sought compensatory damages, prejudgment and 
postjudgment interest, punitive damages, attorneys' fees and 
injunctive relief on behalf of a proposed class consisting of 
all purchasers of the fixed bill service from Feb. 1, 2002 
through Dec. 31, 2002.  
On Oct. 7, 2005, the Circuit Court denied plaintiffs’ motion to 
certify the proposed class. 
In March 2007, Nicor Services settled this matter and the 
lawsuit was dismissed with prejudice, according to the company's 
Nov. 1, 2007 Form 10-Q Filing with the U.S. Securities and 
Exchange Commission for the quarterly period ended Sept. 28, 
2007.
Nicor, Inc. -- http://www.nicor.com/-- is a holding company,  
whose primary business is gas distribution. 
OPENWAVE SYSTEMS: N.Y. Court Allows Shareholders Suit to Proceed
----------------------------------------------------------------
U.S. District Judge Denise Cote denied defendants' request to 
throw out a shareholder lawsuit filed against Openwave Systems 
and nine former executives in an alleged stock-option backdating 
scheme. 
Between Feb. 21, and March 27, 2007, four substantially similar 
securities class action complaints were filed in the U.S. 
District Court for the Southern District of New York against 
Openwave and four current and former officers of the Company.
The complaints purport to be filed on behalf of all persons or 
entities who purchased Openwave stock from Sept. 30, 2002 
through Oct. 26, 2006, and allege that during the Class Period, 
the defendants engaged in improper stock options backdating and 
issued materially false and misleading statements in the 
Company’s public filings and press releases regarding the manner 
in which Openwave granted and accounted for the options.
Based on these allegations, the complaints assert two causes of 
action—one against all defendants for violation of Section 10(b) 
of the Exchange Act and Rule 10b-5 promulgated thereunder, and a 
second against the individual defendants for violation of 
Section 20(a) of the Exchange Act.
On April 25, 2007, the Company and the individual defendants 
filed a joint motion to transfer the actions to the Northern 
District of California where the related shareholder derivative 
class actions are pending.
On May 18, 2007, the court entered an order consolidating the 
four securities class actions into a single action captioned, 
“In re: Openwave Systems Securities Litigation (Master File 07-
1309 (DLC)),” and appointing lead plaintiff and lead counsel.  
On June 14, 2007, the court entered an order denying the motion 
to transfer.
On June 29, 2007, the plaintiffs filed a consolidated and 
amended class action complaint. The consolidated and amended 
complaint adds 17 additional defendants, including:
     * several current and former Openwave officers and
       directors,
     * KPMG LLP, and
     * Merrill Lynch,
     * Pierce, Fenner & Smith, Inc.,
     * Lehman Brothers Inc.,
     * J.P. Morgan Securities, Inc., and
     * Thomas Weisel Partners LLC
The consolidated and amended complaint alleges claims for 
violation of Sections 10(b), 20(a) and 20(A) of the Exchange Act 
and Rule 10b-5, as well as claims for violation of Sections 11, 
12(a)(2) and 15 of the Securities Act of 1933 arising out of the 
Company’s 2005 public offering. The complaint seeks
money damages, equitable relief, and attorneys’ fees and costs. 
The Company is required under contracts with the individual 
defendants to indemnify them under certain circumstances for 
attorneys’ fees and expenses.  
The Arkansas Teacher Retirement System is appointed lead 
plaintiff; Bernstein Litowitz Berger & Grossmann LLP shall serve 
as lead counsel for all plaintiffs in the consolidated actions 
and the class. 
On Aug. 10, 2007, the defendants filed motions to dismiss the 
consolidated and amended class action complaint.
On Oct. 31, Judge Cote permitted a shareholder lawsuit to go 
forward against Openwave Systems and the executives.
The suit is “In re: Openwave Systems Securities Litigation 
(Master File 07-1309 (DLC)),” filed in the U.S. District Court 
for the Southern District of New York under Judge Denise L. 
Cote.
Representing the plaintiffs is  Bernstein Litowitz Berger & 
Grossmann LLP.
TUESDAY MORNING: Still Faces Labor-Related Lawsuits in Calif.
-------------------------------------------------------------
Tuesday Morning Corp. continues to face several labor-related 
class actions in California, according to the company's Nov. 1, 
2007 Form 10-Q Filing with the U.S. Securities and Exchange 
Commission for the quarterly period ended Sept. 30, 2007.
During 2001 and 2002, the company was named as a defendant in 
three complaints filed in the Superior Court of California in 
and for the County of Los Angeles.
The plaintiffs are seeking to certify a statewide class made up 
of some of the company's current and former employees, which 
they claim are owed compensation for overtime wages, penalties 
and interest.  They are also seeking attorney's fees and costs.
In October 2003, the company entered into a settlement agreement 
with a sub-class of these plaintiffs consisting of manager-in- 
training and management trainees, which was paid in November 
2005 with no material impact to the company's financial 
statements.  The trial date related to the remaining complaint 
is currently scheduled for September 2007.
Managers, managers-in-training and assistant managers, filed a 
similar lawsuit in Orange County, California in 2004 and an 
amended complaint was recently filed in January 2007.  This case 
is still in the discovery phase.
The company provided no development in the matter in its Nov. 1, 
2007 Form 10-Q Filing with the U.S. Securities and Exchange 
Commission for the quarterly period ended Sept. 30, 2007.
Tuesday Morning Corp. -- http://www.tuesdaymorning.com/-- is a 
closeout retailer of upscale home furnishings, gifts and related
items in the U.S.
UAL CORP: Still Working to Settle Multiple Suits Over Surcharges
----------------------------------------------------------------
UAL Corp. is still working to settle purported class actions 
with regards to certain surcharges included in tariffs for 
carrying air cargo and certain passenger pricing practices and 
surcharges applicable to international passenger routes, 
according to its Oct. 31, 2007 Form 10-Q Filing with the U.S. 
Securities and Exchange Commission for the quarterly period 
ended Oct. 8, 2007.
                 Air Cargo Surcharges Litigation
The company and other air cargo carriers have been named as
defendants in more than 90 class actions alleging civil damages
as a result of a purported air cargo pricing conspiracy.
Those lawsuits have been consolidated for pretrial activities in
the U.S. District Court for the Eastern District of New York.
The company has entered into an agreement with the majority of
the private plaintiffs to dismiss the company from the class
actions in return for an agreement to cooperate with the
plaintiffs' factual investigation, and it is no longer named as 
a defendant in the civil lawsuit.
                 Passenger Surcharges Litigation
More than 50 additional putative class actions have also been
filed alleging violations of the antitrust laws with respect to
passenger pricing practices.
Those lawsuits have been consolidated for pretrial activities in
the U.S. District Court for the Northern District of California.
The company has entered into a settlement agreement with a 
number of the plaintiffs in the passenger pricing cases to 
dismiss United from the class actions in return for an agreement 
to cooperate with the plaintiffs’ factual investigation. 
The settlement agreement is subject to review and approval by 
the Federal Court.
UAL Corp. -- http://www.united.com/-- is a holding company  
whose principal subsidiary is United Air Lines, Inc., whose 
operations consist primarily of the transportation of persons, 
property and mail throughout the U.S. and abroad, and it 
accounted for most of UAL’s revenues during the year ended 
December 31, 2006.  
UNITEDHEALTH GROUP: Refused Summary Judgment in Securities Suit
---------------------------------------------------------------
The U.S. District Court for the District of Minnesota denied a 
motion for partial summary judgment in the consolidated 
securities fraud class action pending against UnitedHealth 
Group, Inc.
On May 5, 2006, the first of seven putative class actions 
alleging a violation of the federal securities laws was brought 
by an individual shareholder against certain of the company's 
current and former officers and directors in the U.S. District 
Court for the District of Minnesota.
On Dec. 8, 2006, a consolidated amended complaint was filed 
consolidating the actions into a single action.  The action is 
captioned, “In re UnitedHealth Group Incorporated PSLRA 
Litigation.”
Lead plaintiff California Public Employees Retirement System 
brought the action against the Company and certain of its 
current and former officers and directors.
The consolidated amended complaint alleges that defendants made 
misrepresentations and omissions during the period between Jan. 
20, 2005 and May 17, 2006, in press releases and public filings 
that artificially inflated the price of the company’s common 
stock.
The complaint also asserts that during the class period, certain 
defendants sold shares of the company's common stock while in 
possession of material, non-public information concerning the 
matters set forth in the complaint.
It alleges claims under Sections 10(b), 14(a), 20(a) and 20A of 
the U.S. Securities and Exchange Act of 1934 and Sections 11 and 
15 of the Securities Act of 1933.  The action seeks unspecified 
money damages and equitable relief.
Defendants moved to dismiss the consolidated amended complaint 
on Feb. 6, 2007.  The motion to dismiss was denied in an order 
filed on June 4, 2007, and discovery is ongoing. 
On July 18, 2007, the lead plaintiff moved for partial summary 
judgment on the Company’s liability on the Section 11 claim.  
The court denied the motion for partial summary judgment on Oct. 
2, 2007.
The suit is “In re UnitedHealth Group Inc. PSLRA Litigation, 
Case No. 06-cv-01691-JMR-FLN,” filed in the U.S. District Court 
for the District of Minnesota under Judge James M. Rosenbaum 
with referral to Judge Franklin L. Noel.
Representing the plaintiff is:
         Ramzi Abadou, Esq.
         Lerach Coughlin Stoia Geller Rudman & Robbins LLP
         655 W. Broadway Ste. 1900
         San Diego, CA 92101
         Phone: 619-231-1058
         E-mail: ramzia@lerachlaw.com
Representing the defendants is:
         Gretchen A. Agee, Esq.
         Dorsey & Whitney LLP
         50 S. 6th St., Ste. 1500
         Minneapolis, MN 55402-1498
         Phone: 612-492-6741
         Fax: 612-340-8856
         E-mail: agee.gretchen@dorsey.com
UNITED RENTALS: Conn. Court Mulls Motion to Junk Securities Suit
----------------------------------------------------------------
The U.S. District Court for the District of Connecticut has yet 
to rule on a motion to dismiss a consolidated securities fraud 
class action filed against United Rentals, Inc.
Initially, three purported class actions were filed against the 
company.  Plaintiff in each of the suits sought to sue on behalf 
of a purported class comprised of purchasers of the company's 
securities from Oct. 23, 2003 to Aug. 30, 2004.
The lawsuits initially named as the defendants the company, its 
chairman, vice chairman, and chief executive officer, its former 
president and chief financial officer, and its former corporate 
controller.  
These initial complaints alleged, among other things, that 
certain of the company's U.S. Securities and Exchange Commission 
filings and other public statements contained false and 
misleading statements, which resulted in damages to the 
plaintiffs and the members of the purported class when they 
purchased the company's securities.  
On the basis of those allegations, plaintiffs in each action 
asserted claims:
      -- against all defendants under Section 10(b) of the U.S.
         Securities Exchange Act of 1934, as amended and Rule  
         10b-5 promulgated thereunder, and  
      -- against one or more of the individual defendants under  
         Section 20(a) of such Act.  
The complaints sought unspecified compensatory damages, costs 
and expenses.  On Feb. 1, 2005, the court entered an order 
consolidating the three actions.   
On Nov. 8, 2005, the court appointed City of Pontiac Policeman's 
and Fireman's Retirement System as lead plaintiff for the 
purported class.  
The consolidated action is now entitled, "In re United Rentals, 
Inc. Securities Litigation."  The parties agreed upon, and the 
court subsequently approved, a schedule for the filing of a 
consolidated amended complaint in this action and the briefing 
of any motions to dismiss directed to the operative complaint in 
the action.  
On June 5, 2006, lead plaintiff filed a consolidated amended 
complaint, which:
     -- adds allegations relating to, among other things, the
        conclusions of the Special Committee and to other
        matters disclosed in the 2005 Form 10-K;
     -- amends the purported class period to include purchasers
        of the company's securities from Feb. 28, 2001 to Aug.
        30, 2004; and
     -- names as an additional defendant the company's first
        chief financial officer.
In September 2006, the company and certain of the individual 
defendants moved to dismiss the consolidated amended complaint 
in this action.  Briefing with respect to these motions is now 
complete.
The company provided no development in the matter in its Oct. 
31, 2007 Form 10-Q Filing with the U.S. Securities and Exchange 
Commission for the quarterly period ended Sept. 30, 2007.
The suit is "In re United Rentals, Inc. Securities Litigation,  
Case NO. 04-CV-1615," filed in the U.S. District Court for the 
District of Connecticut under Judge Christopher F. Droney.   
Representing the plaintiffs are:
         Erin Green Comite, Esq.
         Scott & Scott
         108 Norwich Ave., P.O. Box 192
         Colchester, CT 06415
         Phone: 860-537-5537
         Fax: 869-537-4432
         E-mail: ecomite@scott-scott.com
              - and -
         Nancy A. Kulesa, Esq.
         Schatz & Nobel
         One Corporate Center, 20 Church St., Suite 1700
         Hartford, CT 06103
         Phone: 860-493-6292
         Fax: 860-493-6290
         E-mail: nancy@snlaw.net
Representing the defendants are:
         David M. Bizar, Esq.
         Day, Berry & Howard
         Hartford, CT 06103-3499
         Phone: 860-275-0648
         Fax: 860-275-0343
         E-mail: dmbizar@dbh.com
              - and -
         Alan R. Friedman, Esq.
         Kramer, Levin, Naftalis & Frankel
         1177 Avenue of the Americas
         New York, NY 10036
         Phone: 212-715-9100
         E-mail: afriedman@kramerlevin.com
UPM-KYMMENE CORP: Settles Labelstock Products Antitrust Suits
-------------------------------------------------------------
UPM-Kymmene Corp. agreed to settle class actions raised by 
direct purchasers of magazine paper and labelstock.
In April, UPM-Kymmene, UPM Raflatac, Inc., and UPM-Kymmene, 
Inc., were named as defendants in several purported antitrust 
class actions in relation to labelstock products (Class Action 
Reporter, April 9, 2007).
One group of lawsuits was filed against company, and its UPM
Raflatac subsidiary, along with certain labelstock
manufacturers.
These class actions were filed in U.S. District Courts by the
company's customers; and in state courts by customers of the
company's customers.
These lawsuits allege that the defendants violated federal
and/or state antitrust laws by conspiring with one another to
fix the prices of and allocate the markets for labelstock
products.
The complaints seek treble or punitive damages for alleged
overcharges resulting from the purported conspiracy.
The other group of lawsuits was filed against the company and
its UPM-Kymmene subsidiary. These class actions are making
similar allegations against manufacturers of magazine papers.
These complaints, like the labelstock complaints, seek treble or
punitive damages for alleged overcharges resulting from the
purported conspiracy. 
According to the agreement UPM will pay compensation to magazine 
paper customers in value of 9 million and to labelstock 
customers of $8.25 million.   
The charge, a total of approximately EUR12 million, will be 
recorded for the last quarter of 2007.                                       
                        
Class actions filed by indirect purchasers of magazine paper and 
labelstock continue to be pending.                                              
Class actions were filed after the U.S. Department of Justice 
opened criminal investigations into competitive practices in 
2003. The U.S. authorities have since concluded the 
investigations.
For further information, contact:                                        
          Mr Juha Makela
          General Counsel
          UPM
          Phone: +358 204 15 0407                     
          Pirkko Harrela                                                     
            
          Executive Vice President, Corporate Communications                 
            
          UPM-Kymmene Corporation                                            
            
          Website: http://www.upm-kymmene.com
WALT DISNEY: Faces ADA Violation Suit Over Segway Ban in Parks
--------------------------------------------------------------
Walt Disney World Co. is facing a class action filed by three 
disabled people who were not allowed to use Segways to move 
around Walt Disney's theme park, Associated Press reports.
The suit was filed in federal court as a purported class action 
on behalf of Mahala Ault and Dan Wallace of Illinois and Stacie 
Rhea of Iowa.  The plaintiffs are each able to stand but cannot 
walk far, and use Segways to get around.  They say they've been 
denied permission to use the vehicles at Disney World, 
allegedly, in violation of the Americans With Disabilities Act. 
Disney has banned Segways in its parks because of its danger to 
guests and cast.  Segways can go 12 mph.
If certified, the suit could respresent numerous Segway users 
nationwide.
The suit is "Ault et al. v. Walt Disney World Co., Case No. 
6:2007-cv-01785," filed in the U.S. District Court for the 
Middle District of Florida under Judge Gregory A. Presnell with 
referral to Magistrate Judge Karla R. Spaulding.
One of the plaintiffs' lawyers is:
          Nancy A. Johnson, Esq.
          Dempsey & Associates, P.A.
          1560 Orange Ave., Suite 200
          Winter Park, Florida 32789
          Phone: (407) 422-5166
          Fax: (407) 422-8556
WILLIAMS PARTNERS: Kan. Court Yet to Certify Natural Gas Suit 
-------------------------------------------------------------
A Kansas state court has yet to rule on a motion seeking class 
certification for a lawsuit filed against Williams Partners L.P. 
along with its other subsidiaries.
In 2001, defendants were named in a purported nationwide class 
action in Kansas state court that had been pending against other 
defendants, generally pipeline and gathering companies, since 
2000.
The plaintiffs alleged that the defendants have engaged in 
mismeasurement techniques that distort the heating content of 
natural gas, resulting in an alleged underpayment of royalties 
to the class of producer plaintiffs and sought an unspecified 
amount of damages.
Defendants have opposed class certification and a hearing on 
plaintiffs' second motion to certify the class was held on April 
1, 2005.  Parties are awaiting a decision from the court.
The company reported no development in the matter in its Nov. 1, 
2007 Form 10-Q Filing with the U.S. Securities and Exchange 
Commission for the quarterly period ended Sept. 30, 2007.
Williams Partners L.P. -- http://www.williamslp.com-- is a  
partnership formed by The Williams Companies, Inc. (Williams), 
to own, operate and acquire a diversified portfolio of 
complementary energy assets.  The Company is principally engaged 
in the business of gathering, transporting and processing 
natural gas and fractionating and storing natural gas liquids 
(NGLs).   
* Coughlin Stoia Tops SCAS' List with $11B in Settlements 
---------------------------------------------------------
The ISS Governance Services unit of RiskMetrics Group, a leading 
provider of risk management and corporate governance services to 
the global financial community, has released its first-ever 
Securities Class Action Services (SCAS) 50 Power Rankings 
report, which highlights the top 50 plaintiffs law firms by 
dollar value of securities class action settlements and number 
of securities class action settlements from 2003 to 2006 in 
which the law firms served as lead or co-lead counsel.
Through its SCAS offering, ISS Governance Services maintains the 
industry's most comprehensive database on securities class 
action litigation and provides professional monitoring and 
claims filing services to investment managers whose clients have 
a stake in class action suits. To help institutional investors 
monitor class action trends, ISS Governance Services publishes 
an annual SCAS 50 survey focusing on those firms bringing in the 
most settlement dollars and playing the most active role in U.S. 
class action cases. 
The SCAS 50 Power Rankings report is based on SCAS 50 data from 
the past four years. The top five law firms by dollar value of 
securities class action settlements from 2003 to 2006 were:
          -- Coughlin Stoia Geller Rudman & Robbins; 
          -- Bernstein Litowitz Berger & Grossman; 
          -- Barrack, Rodos & Bacine; 
          -- Millberg Weiss; and 
          -- Heins Mills & Olson. 
"Our securities class action team has been tracking the most 
active plaintiffs' law firms for almost five years, and to-date 
the top five plaintiffs' law firms have generated over $38 
billion in settlement dollars for investors," said Adam Savett, 
Head of Securities Class Action Services at RiskMetrics Group. 
"The law firm of Coughlin Stoia Geller Rudman & Robbins tops the 
list with over $11 billion in settlements, primarily due to the 
over $6 billion in Enron settlements that were finalized in 
2006. Bernstein Litowitz Berger & Grossman is number two with 
over $10 billion in settlements." 
The top five law firms by number of securities class action 
settlements were:
          -- Millberg Weiss; 
          -- Coughlin Stoia Geller Rudman & Robbins; 
          -- Schiffrin, Barroway, Topaz & Kessler; 
          -- Berger & Montague; and 
          -- Bernstein Litowitz Berger & Grossman. 
The top ten firms in terms of number of settlements accounted 
for more than sixty percent of the securities class action 
settlements during 2003 to 2006.
                           *********
S U B S C R I P T I O N   I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland
USA.   Glenn Ruel Senorin, Ma. Cristina Canson, and Janice 
Mendoza, Editors.
Copyright 2007.  All rights reserved.  ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or 
publication in any form (including e-mail forwarding, electronic 
re-mailing and photocopying) is strictly prohibited without 
prior written permission of the publishers.
Information contained herein is obtained from sources believed 
to be reliable, but is not guaranteed.
The CAR subscription rate is $575 for six months delivered via 
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firm for the term of the initial subscription or balance thereof 
are $25 each.  For subscription information, contact Christopher 
Beard at 240/629-3300.
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