/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100125.mbx C L A S S A C T I O N R E P O R T E R Monday, January 25, 2010, Vol. 12, No. 16 Headlines ARCO MIDCON: Accused, With Others, of Oil Spills in Mo. Lawsuit CALIFORNIA: Parents of Autistic Children Sue Over Budget Cuts CARTER'S INC: Faces Consolidated Complaint in Georgia CARTER'S INC: Appeal of Plaintiffs in Two Suits Remains Pending CHASE BANK: Accused of Levying Undisclosed Fees in Calif. Lawsuit DAIRY FARMERS: Antitrust Violations Alleged in Vermont Lawsuit FLORIDA POWER: Copy of Stampone Complaint Now Available GENERAL MILLS: Yoplait Yogurt Advertising Claims Draw Fire MATRIXX INITIATIVES: Directors Sued in Ariz. Over Zicam Fiasco MML BAY STATE LIFE: Conn. Lawsuit Challenges "Mortality Charge" MYRIAD PHARMACEUTICALS: Faces Suit Over Proposed Javelin Merger RAPTOR PHARMA: Responds to Plaintiffs' Appeal on Suit Dismissal SAUL SACK: 400 Condo Buyers Say They Were Duped in Calif. Lawsuit SCOTTRADE INC: Sued, With Banks, in Ill. for Embezzlement Losses SEQUENOM INC: Enters Stipulation to Settle Securities Suit SHUFFLE MASTER: Consolidated Securities Suit Pending in Nevada STATE STREET: Shareholder Class Action Lawsuit filed in Boston TARGET CORP: Accused of Not Paying Overtime in Calif. Lawsuit TOMOTHERAPY INC: Continues to Face Amended Complaint in Wis. TYSON FOODS: Court Preliminarily Approves Consumer Refunds ********* ARCO MIDCON: Accused, With Others, of Oil Spills in Mo. Lawsuit --------------------------------------------------------------- Joe Harris at Courthouse News Service reports that a federal class action claims an oil pipeline leaked tens of thousands of gallons of fuel and chemicals onto neighbors' properties for years. The class claims Arco Midcon, Magellan Pipeline Co. and Wiltel Communications are responsible for the spills, which have not been cleaned up. A copy of the Complaint in Henke, et al. v. Arco Midcon, L.L.C., et al., Case No. 10-cv-00086 (E.D. Mo.), is available at: The Plaintiffs are represented by: John G. Simon, Esq. Erich Vieth, Esq. John Campbell, Esq. SIMON LAW, P.C. 701 Market Street, Suite 1450 St. Louis, MO 63101 Telephone: 314-241-2929 - and - Robert Schultz, Esq. SCHULTZ & ASSOCIATES LLP 640 Cepi Drive, Suite A St. Louis, Missouri 63005 Telephone: 636-537-4645 CALIFORNIA: Parents of Autistic Children Sue Over Budget Cuts ------------------------------------------------------------- Bridget Freeland at Courthouse News Service reports that more than 100 autistic children in California may be "institutionalized" because state budget cuts may force a developmental services agency to axe funding for a highly effective treatment, a class action claims in Los Angeles Superior Court. The children have "severely impaired verbal and cognitive abilities," often engage in "isolated, repetitive behaviors," and act violently toward themselves and others, the parents say. CARTER'S INC: Faces Consolidated Complaint in Georgia ----------------------------------------------------- Carter's, Inc., faces a consolidated action asserting claims under Sections 10(b) and 20(a) of the federal securities laws, remains pending in the U.S. District Court for the Northern District of Georgia, according to the company's Jan. 15, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Oct. 3, 2009. Plymouth Action A shareholder class action lawsuit was filed on Sept. 19, 2008 in the U.S. District Court for the Northern District of Georgia entitled Plymouth Country Retirement System v. Carter's, Inc., No. 1:08-CV-02940-JOF. The Amended Complaint filed on May 12, 2009 in the Plymouth Action asserts claims under Sections 10(b), 20(a), and 20A of the 1934 Securities Exchange Act, and alleges that between Feb. 1, 2006 and July 24, 2007, the company and certain current and former executives made misrepresentations to investors regarding the successful integration of OshKosh into the company's business, and that the share price of the company's stock later fell when the market learned that the integration had not been as successful as represented. Defendants in the Plymouth Action filed a motion to dismiss the Amended Complaint for failure to state a claim under the federal securities laws on July 17, 2009, and briefing of that motion was complete on October 22, 2009. Mylroie Action A shareholder class action lawsuit was filed on Nov. 17, 2009 in the U.S. District Court for the Northern District of Georgia entitled Mylroie v. Carter's, Inc., No. 1:09-CV-3196-JOF. The Complaint in the Mylroie Action asserts claims under Sections 10(b) and 20(a) of the 1934 Securities Exchange Act, and alleges that between April 27, 2004 and Nov. 10, 2009, the company and certain current and former executives made misstatements to investors regarding the company's accounting for discounts offered to some wholesale customers. Consolidated Action The Court consolidated the Plymouth Action and the Mylroie Action on Nov. 24, 2009. The parties have agreed that an amended complaint in the Consolidated Action will be filed after the company releases a planned restatement of prior financial results. By stipulation, the company will respond to the amended complaint to be filed by the Lead Plaintiff in the Consolidated Action. The company intends to vigorously defend against the claims in the Consolidated Action. Carter's, Inc. -- http://www.carters.com/-- is a marketer of apparel for babies and young children in the United States. The company owns two brand names in the children's apparel industry, Carter's and OshKosh. Carter's offers multiple product categories, including baby, sleepwear, playclothes and other accessories. The company sells its products to national department stores, chain and specialty stores, discount retailers, and as of Dec. 29, 2007, through 228 Carter's and 163 OshKosh outlet and brand retail stores. Under its Carter's brand, the company designs, sources and markets an array of products, primarily for sizes newborn to seven. Its Carter's brand is sold in department stores, national chains, specialty stores, off-price sales channels, and through its Carter's retail stores. Carter's sells its Just One Year and Child of Mine brands through the mass channel at Target and Wal-Mart, respectively. CARTER'S INC: Appeal of Plaintiffs in Two Suits Remains Pending --------------------------------------------------------------- The appeal of the plaintiffs over the dismissal of two complaints against Carter's, Inc., remain pending in the Seventh Circuit, according to the company's Jan. 15, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Oct. 3, 2009. A class action lawsuit was filed on Sept. 29, 2008 in U.S. District Court for the Northern District of Illinois against the company claiming breach of contract arising from certain advertising and pricing practices with respect to Carter's brand products purchased by consumers at Carter's retail stores nationally. The complaint seeks damages and injunctive relief. Plaintiff has since filed an amended complaint, alleging breach of contract on behalf of a nationwide class and Illinois Consumer Fraud Act claims on behalf of Illinois consumers. On Feb. 3, 2009 the same plaintiff's attorney filed a second, nearly identical action against the company in the same court but in the name of a different plaintiff. The parties filed an agreed upon motion to consolidate this second action with the first case and to stay the need for response in the second case until after the court had ruled upon a pending motion to dismiss the first case. On April 15, 2009, the Amended Complaint in the first case was dismissed for failure to state a claim for breach of contract and for failure to adequately allege damages. The company subsequently filed a motion to dismiss the second case on the same grounds, which the Court granted on April 29, 2009. The plaintiffs filed a notice of appeal in each action on May 1, 2009. The appeals have been consolidated and fully briefed. On Dec. 2, 2009, plaintiffs and the company presented oral arguments before the Seventh Circuit. Carter's, Inc. -- http://www.carters.com/-- is a marketer of apparel for babies and young children in the United States. The company owns two brand names in the children's apparel industry, Carter's and OshKosh. Carter's offers multiple product categories, including baby, sleepwear, playclothes and other accessories. The company sells its products to national department stores, chain and specialty stores, discount retailers, and as of Dec. 29, 2007, through 228 Carter's and 163 OshKosh outlet and brand retail stores. Under its Carter's brand, the company designs, sources and markets an array of products, primarily for sizes newborn to seven. Its Carter's brand is sold in department stores, national chains, specialty stores, off-price sales channels, and through its Carter's retail stores. Carter's sells its Just One Year and Child of Mine brands through the mass channel at Target and Wal-Mart, respectively. CHASE BANK: Accused of Levying Undisclosed Fees in Calif. Lawsuit ----------------------------------------------------------------- Courthouse News Service reports that Chase Bank charged California credit cardholders undisclosed fees, a class action claims in Los Angeles Federal Court. A copy of the Complaint in Milgram v. Chase Bank USA, N.A., Case No. 10-cv-00336 (C.D. Calif.) (Wu, J.), is available at: http://www.courthousenews.com/2010/01/18/Banks.pdf The Plaintiff is represented by: Burton E. Falk, Esq. Drew E. Pomerance, Esq. ROXBOROUGH POMERANCE NYE & ADREANI LLP 5820 Canoga Avenue Suite 250 Woodland Hills, CA 91367 Telephone: 818-992-9999 - and - Sabrina S. Kim, Esq. Andrew J. Sokolowski, Esq. Jeff S. Westerman, Esq. MILBERG LLP One California Plaza 300 South Grand Avenue Suite 3900 Los Angeles, CA 90071 Telephone: 213-617-1200 DAIRY FARMERS: Antitrust Violations Alleged in Vermont Lawsuit -------------------------------------------------------------- Courthouse News Service reports that Dairy Farmers of America, Dairy Marketing Services, Dean Foods Co., and HP Hood monopolize and monopsonize the Grade A milk distribution system and fix prices, according to a class action antitrust complaint in Rutland, Vt., Federal Court. A monopsony, the Complaint in Neville v. Dairy Farmers of America, Inc., et al., Case No. 10-cv-00009 (D. Vt.) (Reiss, J.), explains, is a monopoly on the purchaser side rather than the seller side, so, a monopsony exists when there is only one purchaser in a market that has market power. A copy of the Complaint is available at: http://www.courthousenews.com/2010/01/18/Milk.pdf The Plaintiff is represented by: Andrew D. Manitsky, Esq. GRAVEL AND SHEA 76 St. Paul Street P.O. Box 369 Burlington, VT 05402-0369 Telephone: (802) 658-0220 FLORIDA POWER: Copy of Stampone Complaint Now Available ------------------------------------------------------- As reported in the Class Action Reporter on Jan. 15, 2010, Anthony Stampone filed a class action lawsuit against Florida Power & Light Company, alleging a "systemic failure of FP&L's equipment, including the wholesale failure of transformers, power lines and other equipment across FP&L's power grid in Palm Beach and Broward counties." A copy of the Complaint in Stampone v. Florida Power & Light Company, Case No. 50 2010 CA 000648 (Fla. Cit. Ct., 15th J. Dist., Palm Beach Cty.), is available at: http://www.courthousenews.com/2010/01/18/FPL.pdf GENERAL MILLS: Yoplait Yogurt Advertising Claims Draw Fire ---------------------------------------------------------- Courthouse News Service reports that General Mills and Yoplait falsely advertise their Yo-Plus yogurt as containing "exclusive Optibalance bacterial cultures" that provide "digestive health benefits that other yogurt products to do not," a class action claims in Santa Ana, Calif., Federal Court. A copy of the Complaint in Johnson v. General Mills, Inc., and Yoplait USA, Inc., Case No. 10-cv-00061 (C.D. Calif.), is available at: http://www.courthousenews.com/2010/01/18/CCA.pdf The Plaintiff is represented by: Timothy G. Blood, Esq. Leslie E. Hurst, Esq. Thomas J. O'Reardon, II, Esq. BLOOD HURST & O'REARDON LLP 600 B Street, Suite 1550 San Diego, CA 92101 Telephone: 619-338-1100 - and - Jonathan M. Stein, Esq. Cullin A. O'Brien, Esq. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: 561-750-3000 MATRIXX INITIATIVES: Directors Sued in Ariz. Over Zicam Fiasco -------------------------------------------------------------- Courthouse News Service reports that directors of Matrixx Initiatives blew millions of dollars on the ill-advised Zicam Cold Relief Formula, which precipitated a wave of liability and class action claims of anosmia, according to a derivative complaint in Maricopa County Court, Phoenix. A copy of the Complaint in Laguori v. Egan, et al., Case No. CV2009-036777 (Ariz. Super. Ct., Maricopa Cty.), is available at: http://www.courthousenews.com/2010/01/18/Deriv.pdf The Plaintiff is represented by: Alan S. Baskin, Esq. Michelle M. Lauer, Esq. BADE & BASKIN PLC 80 East Rio Salado parkway, Suite 511 Tempe, AZ 85281 Telephone: 480-968-1225 - and - Lewis S. Kahn, Esq. Albert M. Myers, Esq. Kevin L. Oufnac, Esq. KAHN SWICK & FOTI, LLC 650 Poydras St., Suite 2150 New Orleans, LA 70130 MML BAY STATE LIFE: Conn. Lawsuit Challenges "Mortality Charge" --------------------------------------------------------------- Courthouse News Service reports that MML Bay State Life Insurance overcharges for a "mortality charge," a class action claims in Hartford Federal Court. A copy of the Complaint in Freeman v. MML Bay State Life Insurance Company, Case No. 10-cv-00066 (D. Conn.), is available at: http://www.courthousenews.com/2010/01/18/Insure.pdf The Plaintiff is represented by: William G. Madsen, Esq. MADSEN PRESLEY & PARENTEAU LLC 44 Capital Ave., Suite 201 Hartford, CT 06106 Telephone: 860-246-2466 MYRIAD PHARMACEUTICALS: Faces Suit Over Proposed Javelin Merger --------------------------------------------------------------- Myriad Pharmaceuticals, Inc., faces a purported class action lawsuit over its proposed merger with Javelin Pharmaceuticals, Inc., according to the company's Jan. 14, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. On Jan. 4, 2010, the company was served with a complaint naming the company, MPI Merger Sub, Inc., Javelin Pharmaceuticals and certain Javelin directors as defendants in a purported class action lawsuit styled Schnipper v. Watson, No. 09-5439 (Mass. Super. Ct. filed Dec. 23, 2009). The Complaint alleges that the company and Merger Sub aided and abetted various purported breaches of fiduciary duty by certain Javelin directors in connection with the proposed merger contemplated by the Agreement and Plan of Merger, dated Dec. 18, 2009, among the company, Javelin, Merger Sub and a stockholder representative. Two other complaints, Parrish v. Watson, No. 10-0029 (Mass. Super. Ct. filed Jan. 5, 2010) and Andrews v. Driscoll, No. 10- 0049 (Mass. Super. Ct. filed Jan. 6, 2010), asserting substantially similar allegations, were filed against the company and certain of the other defendants identified above following the filing of the Complaint. The company anticipates that the complaints will be consolidated and, thereafter, that the plaintiffs will file an amended complaint. Myriad Pharmaceuticals, Inc. -- http://www.myriadpharma.com/-- is a specialty pharmaceutical company. The company focuses on discovering, developing and commercializing small molecule drugs that address severe medical conditions with markets, including cancer and human immunodeficiency virus (HIV) infection. Its product pipeline includes clinical and preclinical drug candidates with distinct mechanisms of action and chemical structures. As of June30, 2009, the company's drug candidates in clinical development included Azixa (MPC-6827), MPC-3100 and MPC- 4326. As of June 30, 2009, the company had two clinical-stage programs in oncology, which included Azixa and MPC-3100. RAPTOR PHARMA: Responds to Plaintiffs' Appeal on Suit Dismissal --------------------------------------------------------------- Raptor Pharmaceutical Corp. has responded to the appeal filed by the class action plaintiffs over the dismissal of their consolidated amended complaint, according to the company's Jan. 14, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Nov. 30, 2009. Several lawsuits were filed against the company (as TorreyPines) in February 2005 in the U.S. District Court for the Southern District of New York asserting claims under Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 thereunder on behalf of a class of purchasers of the company's common stock during the period from June 26, 2003, through and including Feb. 4, 2005, referred to as the class period. Dr. Marvin S. Hausman, M.D., a former director and a former Chief Executive Officer, and Dr. Gosse B. Bruinsma, M.D., also a former director and a former Chief Executive Officer, were also named as defendants in the lawsuits. These actions were consolidated into a single class action lawsuit in January 2006. On April 10, 2006, the class action plaintiffs filed an amended consolidated complaint. The company filed its answer to that complaint on May 26, 2006. The company's motion to dismiss the consolidated amended complaint was filed on May 26, 2006 and was submitted to the court for a decision in September 2006. On March 31, 2009 the U.S. District Court for the Southern District of New York dismissed the proceedings. On April 24, 2009, an appeal was filed with the U.S. Court of Appeals for the Second Circuit by the class action plaintiffs. The company's response to the appeal was filed on Oct. 23, 2009. Raptor Pharmaceutical Corp. -- http://www.raptorpharma.com/-- is dedicated to speeding the delivery of new treatment options to patients by working to improve existing therapeutics through the application of highly specialized drug targeting platforms and formulation expertise. SAUL SACK: 400 Condo Buyers Say They Were Duped in Calif. Lawsuit ----------------------------------------------------------------- Courthouse News Service reports that Saul Sack, Russell Galbut, Sonny Kahn, Bruce Menin, SK Business Trust, RF Business Trust, and Menin 1998 Family Trust misrepresented the size of 400 condominiums at Villa Vicenza, a class action claims in San Diego Federal Court. A copy of the Complaint in Lais, et al. v. Saul Sack, et al., Case No. 10-cv-00127 (S.D. Calif.), is available at: http://www.courthousenews.com/2010/01/18/RealEstate.pdf The Complaint indicates that a similar, if not identical, charges are levied in a state court lawsuit, Case No. GIV 869392 (Calif. Super. Ct., San Diego Cty.), where the Court has or shortly will quash service of summons. The Plaintiffs seek damages in excess of $3 million, and are represented by: Philip L. Asiano, Esq. LAW OFFICE OF PHILIP L. ASIANO P.C. P.O. Box 121937 San Diego, CA 92112-1937 Telephone: 619-231-6579 - and - Patrick E. Catalano, Esq. CATALANO & CATALANO 655 W. Broadway, Suite 880 San Diego, CA 92101 Telephone: 619-233-3565 SCOTTRADE INC: Sued, With Banks, in Ill. for Embezzlement Losses ---------------------------------------------------------------- Joe Harris at Courthouse News Service reports that a class action accuses Scottrade and several banks of investment fraud. Plaintiffs claim that Lavern Huelsmann dba Senior Retirement Services embezzled $139,000 using phony promissory notes and cash management accounts. A copy of the Complaint in McKay, et ux., Lavern Huelsmann dba Senior Retirement Services and FCB New Baden Bank, Germantown Trust and Savings Bank, Tempo Bank, Centure Bank, and Scottrade, Inc., Case No. 10-L-04 (Ill. Cir. Ct., 20th J. Cir., St. Clair Cty.), is available at: http://www.courthousenews.com/2010/01/18/MoneyMgrEmbz.pdf The Plaintiffs are represented by: Bernard J. Ysursa, Esq. COOK, YSURSA, BARTHOLOMEW, BRAUER & SHEVLIN, LTD. 12 West Lincoln Street Belleville, IL 62220 Telephone: 618-235-3500 - and - Michael S. Williams, Esq. MICHAEL S. WILLIAMS, P.C. 5005 West Main Street Belleville, IL 62226 Telephone: 618-257-8563 SEQUENOM INC: Enters Stipulation to Settle Securities Suit ---------------------------------------------------------- Sequenom, Inc. entered into a stipulation of settlement which will resolve the class action securities lawsuits consolidated under the caption In re Sequenom, Inc. Securities Litigation, S.D. Cal. Case No. 09-CV-0921 LAB, pending in the U.S. District Court for the Southern District of California, according to the company's Jan. 15, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. Attorneys for Harry Stylli, Paul Hawran, Allan T. Bombard, Charles R. Cantor, Steven Owings, Harry F. Hixson, Jr., and Elizabeth Dragon, all of whom were named as defendants in the consolidated lawsuits, have also entered into the stipulation of settlement. The stipulation of settlement remains subject to preliminary and final approval by the U.S. District Court. Subject to final approval of the stipulation of settlement by the U.S. District Court, in exchange for a release of all claims by the class members and a dismissal of the consolidated lawsuits, the company has agreed: (i) to pay the class members and their attorneys a total of $14 million which will be funded from insurance proceeds, (ii) to issue to the class members and their attorneys shares of the company's common stock, and (iii) to adopt certain corporate governance measures, including an amendment to the company's Bylaws to provide that at all times a majority of the company's directors must be independent. The number of shares of the company's common stock to be issued will be determined on a date to be established after final approval of the settlement by the U.S. District Court and will constitute 9.95% of the shares of the company's common stock outstanding post-issuance, provided that certain shares issued after entry into the stipulation of settlement, including any shares issued in a bona fide financing, in connection with a licensing, collaboration or acquisition transaction or pursuant to our currently existing equity incentive plans, will be excluded from the shares outstanding calculation. As of Dec. 23, 2009, the company had 61,693,241 shares of common stock outstanding, and if the share number had been determined as of that date, the company would have been obligated to issue 6,816,743 shares of common stock pursuant to the terms of the settlement. In connection with the approval of the stipulation of settlement, the company's board of directors implemented the agreed upon corporate governance measures and approved the amendment to the Bylaws. If the settlement is approved preliminarily by the U.S. District Court, potential class members will be notified of the proposed settlement and the procedure by which they can request to be excluded from the class. The settlement will then be subject to final approval by the U.S. District Court. Following final approval of the settlement by the U.S. District Court, including a finding that the exchange of the class members' claims for the shares of the company's common stock is fair, the shares will be issued pursuant to the exemption from registration provided by Section 3(a)(10) of the Securities Act of 1933, as amended. Sequenom, Inc. -- http://www.sequenom.com/-- is a diagnostic testing and genetics analysis company. The company is focused on providing products, services, diagnostic testing, applications and genetic analysis products that translate the results of genomic science into solutions for biomedical research, translational research, molecular medicine applications, and agricultural, livestock and other areas of research. SHUFFLE MASTER: Consolidated Securities Suit Pending in Nevada -------------------------------------------------------------- Shuffle Master, Inc., continues to face a consolidated amended securities fraud class-action lawsuit in the U.S. District Court for the District of Nevada, according to the company's Jan. 14, 2010, Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Oct. 31, 2009. Initially, three complaints were filed against the company: (1) Stocke Litigation On June 1, 2007, a putative class action complaint over an alleged violation of the federal securities laws against the Shuffle Master and its chief executive officer, Mark L. Yoseloff, and chief financial officer, Richard L. Baldwin, was filed in the U.S. District Court for the District of Nevada on behalf of persons who purportedly purchased the company's stock between Dec. 22, 2006, and March 12, 2007. The case is entitled, "Joseph Stocke vs. Shuffle Master, Inc., Mark L. Yoseloff and Richard L. Baldwin." The company, as well as Dr. Yoseloff and Mr. Baldwin, were served with the complaint on June 6, 2007. The complaint asserts claims pursuant to Sections 10(b) and 20(a) of the U.S. Securities Exchange Act of 1934, and Rule 10b 5 promulgated thereunder. These claims allegedly relate to the company's March 12, 2007 announcement that it would restate its Fiscal Fourth Quarter and full year financial results. The complaint seeks compensatory damages in an unstated amount. On or about Aug. 4, 2007, four plaintiffs moved the Court for appointment as lead plaintiff, with one withdrawing its application in September. No decision has yet been made. (2) Armistead Litigation On June 12, 2007, a second putative class action complaint for violation of the federal securities laws against the same defendants -- the company, Dr. Yoseloff and Mr. Baldwin -- was filed in the same court in Nevada. The case is entitled, "Robert Armistead, Jr. vs. Shuffle Master, Inc., Mark L. Yoseloff and Richard L. Baldwin." The defendants were served with the complaint on June 12, 2007. This lawsuit effectively mirrors the allegations in the Stocke Lfiled against the same defendants, except that the Armistead complaint was filed on behalf of persons who purchased the company's stock between March 20, 2006, and March 12, 2007. (3) Tempel Litigation On June 25, 2007, a third putative class action complaint for violation of the federal securities laws against the same defendants was filed in the same court. The case is entitled, "Andrew J. Tempel vs. Shuffle Master, Inc., Mark L. Yoseloff and Richard L. Baldwin." This lawsuit is a "copycat" lawsuit of the Stocke Lawsuit. On June 22, 2007, a Joint Stipulation was filed in the U.S. District Court for the District of Nevada providing that all presently filed and any subsequently filed related class action suits will be consolidated and captioned, "In Re Shuffle Master, Inc. Securities Litigation." On June 22, 2007, a Joint Stipulation was filed in the U.S. District Court for the District of Nevada providing that all presently filed and any subsequently filed related class actions shall be consolidated and captioned In Re Shuffle Master, Inc. Securities Litigation. The company was not required to answer, move against or otherwise respond to any class action complaints until a consolidated complaint was filed. On Nov. 30, 2007, the Court appointed the "Shuffle Master Institutional Investor Group," consisting of the Tulsa Municipal Employees' Retirement Plan and the Oklahoma Firefighters Pension and Retirement System, as Lead Plaintiff. Grant & Eisenhofer is the Lead Plaintiff's counsel. A Consolidated Amended Class Action Complaint was filed on Feb. 5, 2008. The Consolidated Complaint asserts the same causes of action for violation of federal securities law as the initial lawsuits and applies to a class period of Feb. 1, 2006 to March 12, 2007. The Consolidated Complaint contains essentially the same material allegations as in the initial lawsuits and also contains allegations arising out of the company's acquisition of Stargames and disclosures concerning the Company's internal controls. This Consolidated Complaint supersedes all previously filed lawsuits covering this class period. On March 25, 2008, defendants filed a Motion to Dismiss. On March 23, 2009, the Court denied our Motion to Dismiss. The Defendants answered on April 29, 2009. The case is presently pending. The suit is In Re Shuffle Master, Inc. Securities Litigation, Case No. 07-00715 (Nev.) (Dawson, J.) Representing the plaintiffs are: Mark Albright, Esq. Albright Stoddard Warnick & Albright 801 South Rancho Drive, Suite D-4 Las Vegas, NV 89106 Phone: 702-384-7111 Fax: 702-384-0605 E-mail: gma@albrightstoddard.com - and - Patrick V. Dahlstrom, Esq. Pomerantz Haudek Block Grossman & Gross LLP One North LaSalle Street, Suite 2225 Chicago, IL 60602 Phone: 312-377-1181 E-mail: pdahlstrom@pomlaw.com Representing the defendants are: Joshua G. Hamilton, Esq. Paul, Hastings, Janofsky & Walker LLP 515 S. Flower Street Los Angeles, CA 90071-2371 Phone: 213-683-6000 Fax: 213-627-0705 E-mail: joshuahamilton@paulhastings.com - and - Kirk B. Lenhard, Esq. Jones Vargas 3773 Howard Hughes Pkwy., 3rd Floor So. Las Vegas, NV 89109 E-mail: kbl@jonesvargas.com STATE STREET: Shareholder Class Action Lawsuit filed in Boston -------------------------------------------------------------- Courthouse News Service reports that State Street Corp. (State Street Bank) misrepresented its exposure to "billions of dollars in losses on investments in off-balance sheet conduits, in the company's securities lending program and in its own investment portfolio," a class action claims in Boston Federal Court. A copy of the Complaint in Demory v. State Street Corporation, et al., Case No. 10-cv-10064 (D. Mass.) (Gertner, J.), is available at: http://www.courthousenews.com/2010/01/18/SCA.pdf The Plaintiff is represented by: Jeffrey C. Block, Esq. BERMAN DEVALERIO One Liberty Square Boston, MA 02109 Telephone: (617) 542-8300 TARGET CORP: Accused of Not Paying Overtime in Calif. Lawsuit ------------------------------------------------------------- Courthouse News Service reports that Target stiffed workers for overtime, a class action claims in Orange County Court, Calif. A copy of the Complaint in Diaz v. Target Corporation, Case No. 30-2010-00335838 (Calif. Super. Ct., Orange Cty.), is available at: http://www.courthousenews.com/2010/01/18/EmployTarget.pdf The Plaintiff is represented by: Richard E. Quintilone, II, Esq. QUINTILONE & ASSOCIATES 22974 El Toro Road, Suite 100 Lake Forest, CA 92630-4961 Telephone: 949-458-4961 - and - Roger R. Carter, Esq. THE CARTER LAW FIRM 2030 Main Street, Suite 1300 Irvine, CA 92614-7219 Telephone: 949-260-4737 TOMOTHERAPY INC: Continues to Face Amended Complaint in Wis. ------------------------------------------------------------ TomoTherapy, Inc., continues to face Consolidated Amended Complaint filed in the U.S. District Court for the Western District of Wisconsin, according to the company's Jan. 14, 2010, Form 10-K/A filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2008. On May 30, 2008 and June 10, 2008, two separate complaints were filed in the against the company and certain of its officers. On Oct. 23, 2008, the complaints were consolidated into a Consolidated Amended Complaint filed in the U.S. District Court for the Western District of Wisconsin, against the company, certain of its officers and all of its independent directors during the period in question. The consolidated action alleges that the defendants violated the Securities Act of 1933 with respect to statements made in connection with the initial and secondary public offerings of the company's common stock. The plaintiffs also allege that the defendants violated federal securities laws by misrepresenting the company's projected financial outlook during the period May 9, 2007 through April 17, 2008. The plaintiffs seek to represent persons who purchased the company's securities between those dates and who were damaged as a result of the decline in the price of the company's stock, allegedly attributable to the financial misrepresentations. The plaintiffs seek compensatory damages in an unspecified amount. TomoTherapy, Inc. -- http://www.tomotherapy.com/-- develops, manufactures and sells the Hi-Art system, a radiation therapy system commercially available for the treatment of a variety of cancers. The company manufactures each Hi Art system in a 64,000 square foot facility in Madison, Wisconsin. It markets the Hi Art system to hospitals and cancer treatment centers in North America, Europe, the Middle East and Asia-Pacific, and offer customer support services in each region. TomoTherapy also has a collaboration with Lawrence Livermore National Laboratories with regard to acceleration technology. North America, Europe and Asia-Pacific accounted for 56%, 26% and 18%, respectively, of the company's revenue during the year ended Dec. 31, 2007. Service revenue comprises a small portion of its total revenue. TYSON FOODS: Court Preliminarily Approves Consumer Refunds ---------------------------------------------------------- David Lee at Courthouse News Service reports that a federal judge signed off on a preliminary settlement of a class action charging Tyson Foods with falsely advertising that its chickens are raised without antibiotics. Tyson agreed to pay up to $50 to anyone who bought poultry that was labeled antibiotic-free. Payments will be capped at $5 million and do not include $3 million in attorneys fees. Copies of (i) the Honorable Richard D. Bennett's Preliminary Approval Order, (ii) the Plaintiffs' Motion for Preliminary Approval of Settlement and (iii) the Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Preliminary Approval of Settlement in In re Tyson Foods, Inc., Chicken Raised Without Antibiotics Consumer Litigation, Case No. 08-md-01982 (D. Md.), are available at: http://www.courthousenews.com/2010/01/18/TysonSettle.pdf A fairness hearing is scheduled for Fri., May 7, 2010, at 10:00 a.m. The attorneys for the Plaintiffs and the Settlement Class are: James P. Ulwick, Esq. KRAMON & GRAHAM, P.A. One South Street, Suite 2600 Baltimore, MD 21202 Telephone: (410) 752-6030 - and - Scott E. Poynter, Esq. Chris D. Jennings, Esq. Gina M. Dougherty, Esq. EMERSON POYNTER LLP The Museum Center 500 President Clinton Avenue, Suite 305 Little Rock, AR 72201 Telephone: (501) 907-2555 - and - Daniel C. Girard, Esq. A. J. De Bartolomeo, Esq. Amanda Steiner, Esq. Christina H.C. Sharp, Esq. GIRARD GIBBS LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Telephone: (415) 981-4800 - and - Richard S. Lewis, Esq. James J. Pizzirusso, Esq. HAUSFELD, LLP 1700 K St., NW, Suite 650 Washington, DC 20006 Telephone: (202) 540-7200 - and - Gary Friedman, Esq. Tracey Kitzman, Esq. FRIEDMAN LAW GROUP LLP 270 Lafayette Street, 14th Floor New York, NY 10012 Telephone: (212) 680-5150 ********* 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. Gracele D. Canilao, Leah Felisilda and Peter A. Chapman, Editors. Copyright 2010. All rights reserved. ISSN 1525-2272. 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