CAR_Public/130129.mbx             C L A S S   A C T I O N   R E P O R T E R

            Tuesday, January 29, 2013, Vol. 15, No. 20

                             Headlines



BBU INC: Recalls Fresh Bagels Due to Presence of Metal Fragments
CONAGRA FOODS: Recalls Hunt's Tomato Sauce Due to Can Defect
CVS PHARMACY: Sued for Calling People Without Their Consent
DOCTOR'S ASSOCIATES: Faces Suit Over Length of "Footlong" Subs
DR PEPPER: Faces Class Action Over Bogus Claims on Fruit Punch

FORD MOTOR: Judge Dismisses Fraud Claims in Class Suit
J.C. PENNEY: Sued for Sending Spam Ads to Wireless Phones
JOUNI MEATS: Recalls 500 Lbs. of Ground Beef Over Salmonella Risk
LANCE ARMSTRONG: Faces Suit for Defrauding Consumers Over Book
LG DISPLAY: Workers File Class Action Over Labor Law Violations

STALLINGS HEAD: Recalls 4,700 Lbs. of Ready-To-Eat Pork Products
UNITED STATES: "Bailey" Zoning Case Gets Class Certification
WARNER BROS: Digital Copy Expiry Suit Dismissed With Prejudice
WOLFGANG PUCK: Faces Overtime Class Action in New York


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BBU INC: Recalls Fresh Bagels Due to Presence of Metal Fragments
----------------------------------------------------------------
BBU, Inc., the parent of the Bimbo Bakeries companies, has
initiated a voluntary recall due to possible presence of fragments
of metal caused by a faulty manufacturing part.  Recalled products
are the following fresh bagels with "Best Buy" dates (month and
day) "JAN 18" to and including "JAN 27"found on the lock tab bag
closures in the following states:

   Recalled Product Name                  States
   ---------------------                  ------
   Thomas' Everything Bagels 1 lb 4 oz    AL, FL, GA, TN

   Thomas' Blueberry Bagels 1 lb 4 oz     AL, FL, GA, TN

   Thomas' Onion Bagels 1 lb 4 oz         AL, FL, GA, TN

   Thomas' Plain Bagels 1 lb 4 oz         AL, FL, GA, TN

   Thomas' Cinnamon Raisin Bagels         AL, FL, GA, TN
   1 lb 4 oz

   Thomas' Hearty Grains                  AL, FL, GA, TN
   100% Whole Wheat Bagels 1 lb 4 oz

   Thomas' Cinnamon Swirl Bagels          AL, FL, GA, TN
   1 lb 4 oz

   Thomas' Honey Wheat Bagels 1 lb 4 oz   AL, FL, GA, TN

   Sara Lee Deluxe Bagels                 AL, FL, GA, LA, MS,
   Honey Wheat 20 oz                      NC, SC, TN

   Sara Lee Deluxe Bagels Plain 20 oz     AL, FL, GA, LA, MS,
                                          NC, SC, TN

   Sara Lee Deluxe Bagels                 AL, FL, GA, LA, MS,
   Blueberry 20 oz                        NC, SC, TN

   Sara Lee Deluxe Bagels                 AL, FL, GA, LA, MS,
   Cinnamon Raisin 20 oz                  NC, SC, TN

   Publix Premium Original Bagels 20 oz   AL, FL, GA., SC, TN

   Publix Premium Multi-Grain Bagels      AL, FL, GA., SC, TN
   20 oz

   Publix Premium Cinnamon Raisin Swirl   AL, FL, GA., SC, TN
   Bagels 20 oz

   Weight Watchers 6 Original Bagels      AL, FL, GA, NC, SC, TN
   15 oz

The Company announced the recall after discovering metal fragments
in two packages.  No consumer reports have been received.  There
are no reports of injury.

All recalled products are being removed from store shelves.  No
other THOMAS', SARA LEE, PUBLIX or WEIGHT WATCHERS products are
affected.

Consumers who have purchased the product can return the product to
its place of purchase for a full refund.  Consumers with questions
may contact the Company at 1-800-984-0989 at any time 24 hours a
day.


CONAGRA FOODS: Recalls Hunt's Tomato Sauce Due to Can Defect
------------------------------------------------------------
ConAgra Foods, of Omaha, Nebraska, is voluntarily initiating a
product recall for specific lots of its 8 ounce Hunt's Tomato
Sauce (regular variety) and Hunt's Tomato Sauce No Salt Added that
were packaged in cans containing a defect in the inner lining.
Although there is no food safety concern associated with the
product, the can defect may cause the can to swell and the product
to spurt out when opened.  ConAgra Foods is advising consumers who
have purchased either of these from Best By dates shown to call
866-511-7752 to ask any questions, or to arrange for replacement.

The product was shipped to U.S. retail food stores and
distributors in Arizona, California, Hawaii, Idaho, Montana, New
Mexico, Nevada, Oregon, Texas, Utah, Washington and Wyoming.
ConAgra Foods is working with retail customers and distributors to
ensure these cans are removed from store shelves.

This recall is limited only to 8-ounce cans of Hunt's Tomato Sauce
(regular variety) and Hunt's Tomato Sauce Not Salt Added bearing
the following Best By dates.  No other Hunt's products are
impacted.  Hunt's Tomato Sauce (regular variety) and Hunt's Tomato
Sauce Not Salt Added are packaged in 8 ounce cans with a Hunt's
graphic logo on the front of the can.  Consumers can find the Best
By date by looking at either the top or bottom of the can.

Hunt's Tomato Sauce (8-ounce cans):

   * JUL 23 2014
   * JUL 24 2014
   * AUG 29 2014
   * AUG 30 2014
   * OCT 08 2014

Hunt's Tomato Sauce No Salt Added (8-ounce cans):

   * JUL 23 2014
   * AUG 29 2014
   * OCT 07 2014
   * OCT 08 2014

Pictures of the recalled products are available at:

         http://www.fda.gov/Safety/Recalls/ucm336746.htm


CVS PHARMACY: Sued for Calling People Without Their Consent
-----------------------------------------------------------
Courthouse News Service reports that CVS uses a random number
generator to contact people and leave a prerecorded message about
prescription services, a class claims.

The class action is captioned David Vaccaro v. CVS Pharmacy Inc.


DOCTOR'S ASSOCIATES: Faces Suit Over Length of "Footlong" Subs
--------------------------------------------------------------
Courthouse News Service reports that that a federal class action
claims Doctor's Associates (Subway) "footlong" subs are only 10
1/2 inches long, and that its 6-inch subs are only 5 1/4 inches.


DR PEPPER: Faces Class Action Over Bogus Claims on Fruit Punch
--------------------------------------------------------------
Courthouse News Service reports that Dr Pepper Snapple Group
pushes its Mott's for Tots Immune Support Fruit Punch with bogus
claims that it strengthens kids' immune systems, a class action
claims in Federal Court.


FORD MOTOR: Judge Dismisses Fraud Claims in Class Suit
------------------------------------------------------
Courthouse News Service reports that a federal judge dismissed
fraud claims against Ford Motor Co., but said a class could still
pursue warranty and bad faith claims over allegedly defective fuel
tank linings.


J.C. PENNEY: Sued for Sending Spam Ads to Wireless Phones
---------------------------------------------------------
Courthouse News Service reports that J.C. Penney sent illegal,
unsolicited spam ads to wireless phones, a class action claims in
Federal Court.


JOUNI MEATS: Recalls 500 Lbs. of Ground Beef Over Salmonella Risk
-----------------------------------------------------------------
Jouni Meats, Inc., a Sterling Heights, Michigan retail store, is
recalling approximately 500 pounds of ground beef products that
may be contaminated with a strain of Salmonella Typhimurium, the
U.S. Department of Agriculture's Food Safety and Inspection
Service (FSIS) announced.

The products subject to recall are:

   * Various size packages of ground beef

These products were produced between December 4, 2012, and
December 9, 2012, and distributed to a restaurant in Macomb
County, Michigan, and sold directly to consumers at Jouni Meats,
Inc.  These products were sold without a label.

This recall has been initiated because of concerns involving a
cluster of Salmonella Typhimurium illnesses that may be associated
with consumption of raw ground beef from a restaurant in Macomb
County, Michigan.  Working in conjunction with the Michigan
Department of Community Health, Michigan Department of Agriculture
and Rural Development, Arizona Department of Health Services, and
the U.S. Centers for Disease Control and Prevention (CDC), FSIS
determined that there is a link between the ground beef products
from Jouni Meats, Inc. and this illness cluster.  Based on
epidemiologic and traceback investigations, 7 case-patients with
the same outbreak strain have been identified in Arizona and
Michigan with illness onset dates ranging from December 9, 2012,
to December 13, 2012.  The 7 case-patients consumed raw beef
kibbeh on December 7, 2012, and December 8, 2012.  It is not known
at this time if this outbreak strain has any drug resistance;
results are pending.  FSIS is continuing to work with public
health partners and CDC on this investigation.  FSIS will continue
to provide information as it becomes available.

FSIS and the Company say they are concerned that some product may
be frozen and in consumers' freezers.

FSIS routinely conducts recall effectiveness checks (including at
restaurants) to ensure that steps are taken to make certain that
the product is no longer available to consumers.

Consumption of food contaminated with Salmonella can cause
Salmonella, one of the most common bacterial foodborne illnesses.
Salmonella infections can be life-threatening, especially to those
with weak immune systems, such as infants, the elderly, and
persons with HIV infection or those undergoing chemotherapy.  The
most common manifestations of salmonellosis are diarrhea,
abdominal cramps, and fever within 12 to 72 hours.  Additional
symptoms may be chills, headache, nausea and vomiting that can
last up to seven days.  Individuals concerned about an illness
should contact a health care provider.

FSIS advises all consumers to safely prepare their raw meat
products, including fresh and frozen, and only consume ground beef
that has been cooked to a temperature of 160 degrees F.  The only
way to confirm that ground beef is cooked to a temperature high
enough to kill harmful bacteria is to use a food thermometer that
measures internal temperature.

Consumers and media with questions regarding the recall should
contact the Company's owner, Khalil Jouni, at (586) 274-0760.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov.  "Ask Karen" live chat services
are available Monday through Friday from 10:00 a.m. to 4:00 p.m.
Eastern Time.  The toll-free USDA Meat and Poultry Hotline 1-888-
MPHotline (1-888-674-6854) is available in English and Spanish and
can be reached from 10:00 a.m. to 4:00 p.m. (Eastern Time) Monday
through Friday. Recorded food safety messages are available 24
hours a day.  The online Electronic Consumer Complaint Monitoring
System can be accessed 24 hours a day at:
http://www.ccmsweb13.fsis.usda.gov/.


LANCE ARMSTRONG: Faces Suit for Defrauding Consumers Over Book
--------------------------------------------------------------
Courthouse News Service reports that a federal class action claims
Lance Armstrong and his publishers defrauded consumers by selling
the cyclist's books as nonfiction.

Lead plaintiff Rob Stutzman, a PR consultant, sued Mr. Armstrong,
Penguin Group, G.P. Putnam's Sons, Berkley Publishing Group,
Random House, Broadway Books and Crown Publishing Group, alleging
fraud, negligent misrepresentation and business law violations.

Mr. Armstrong admitted last week that he used banned drugs to win
all seven of his Tour de France titles.  He was stripped of them
and of all the other titles he won during that time, and lost
virtually all of his lucrative endorsement contracts.

Mr. Stutzman claims he bought Mr. Armstrong's bestseller, "It's
Not About the Bike," "sometime between 2001 and 2003."  He claims
he met Armstrong in 2005 when he, Mr. Stutzman, was working on
Gov. Arnold Schwarzenegger's PR staff, and told the cyclist that
he had recommended the books to friends.

"It's Not About the Bike" spent weeks on the bestseller list after
it was published in 2000.

Mr. Armstrong's second book, "Every Second Counts," (2002) also
was a hit.

He also wrote, or co-wrote, the books "Lance Armstrong, Images of
a Champion," (2006), and "My Comeback, Up Close and Personal"
(2009).

The 59-page complaint, written in high dudgeon, demands an
accounting, restitution, attorney's fees, damages and an
injunction.

Mr. Stutzman is represented by Kevin Roddy with Wilentz, Goldman &
Spitzer, of Woodbridge, N.J., and Tracey Buck-Walsh, of
Sacramento.


LG DISPLAY: Workers File Class Action Over Labor Law Violations
---------------------------------------------------------------
Courthouse News Service reports that LG Display America stiffs
workers for overtime, a class action claims in Santa Clara County
Court.


STALLINGS HEAD: Recalls 4,700 Lbs. of Ready-To-Eat Pork Products
----------------------------------------------------------------
Stallings Head Cheese Co., Inc., a Houston, Texas establishment,
is recalling 4,700 pounds of hog head cheese that may be
contaminated with Salmonella, the U.S. Department of Agriculture's
Food Safety and Inspection Service (FSIS) announced.

The following products are subject to recall:

   * 10-oz. packages of "Richard's Hog Head Cheese" bearing
     establishment number "EST. 2257" inside the USDA mark of
     inspection and sell by dates "Use by 2 1 2013" or "Use by
     3 20 2013" on each package.

The products subject to recall were produced on November 1, 2012,
and December 19, 2012.  The products were shipped to a
distribution center for retail distribution in Louisiana and
Southeastern Texas.  When available, the retail distribution
list(s) will be posted on FSIS' Web site at:

http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp

Hog head cheese products produced by EST. 2257 have been linked to
a recent Salmonella Uganda cluster involving six case-patients
from Louisiana.  Working in conjunction with the Louisiana Office
of Public Health, FSIS was able to link illnesses to the RTE pork
products produced at this establishment based on epidemiologic and
traceback investigations.  Illness onset dates among the case-
patients ranged from October 16, 2012, to November 10, 2012.  Four
case-patients confirmed eating the brand under recall.  Leftover
RTE product from consumers was not available for testing.
However, retail samples of like product from different production
dates underwent testing last week, and four of nine samples tested
positive for Salmonella.  It is not known at this time if these
samples are positive for the outbreak strain, but any finding of
such will be made public by FSIS once it becomes available.  FSIS
is continuing to work with public health partners on the
investigation.  A picture of the recalled products' label is
available at: http://is.gd/Kk2sVo

Consumption of food contaminated with Salmonella can cause
salmonellosis, one of the most common bacterial foodborne
illnesses.  The most common symptoms of salmonellosis are
diarrhea, abdominal cramps, and fever within 12 to 72 hours.  The
illness usually lasts 4 to 7 days.  In some persons, however, the
diarrhea may be so severe that the patient needs to be
hospitalized.  Older adults, infants, and persons with weakened
immune systems are more likely to develop a severe illness.
Individuals concerned about an illness should contact their health
care provider.

Consumers and members of the media who have questions are
encouraged to contact Fred Chu, the Company's owner, at (713) 523-
1751.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov.  "Ask Karen" live chat services
are available Monday through Friday from 10:00 a.m. to 4:00 p.m.
Eastern Time.  The toll-free USDA Meat and Poultry Hotline 1-888-
MPHotline (1-888-674-6854) is available in English and Spanish and
can be reached from 10:00 a.m. to 4:00 p.m. (Eastern Time) Monday
through Friday.  Recorded food safety messages are available 24
hours a day.  The online Electronic Consumer Complaint Monitoring
System can be accessed 24 hours a day at:

http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp


UNITED STATES: "Bailey" Zoning Case Gets Class Certification
------------------------------------------------------------
The parties in the matter titled ARTHUR P. BAILEY, JR. and CATHY
BAILEY, et al., Plaintiffs, v. THE UNITED STATES, Defendant, No.
12-507L, have stipulated that the action should be certified as a
class action under Rule 23 of the Rules of the Court of Federal
Claims.

On January 24, 2013, District Judge Francis M. Allegra of the
United States Court of Federal Claims agreed that the matter is
properly certified as a class action.

The Court defines the class as: "All persons who, on January 20,
2012, owned an interest in lands constituting part of the railroad
corridor or right-of-way on which a rail line was formerly
operated by Mississippi & Skuna Valley Railroad, LLC between
milepost 21.0 at Bruce Junction and milepost 0.0 at Bruce, in
Yalobusha and Calhoun Counties, Mississippi, a distance of 21.0
miles, and who claim a taking of their rights to possession,
control and enjoyment of such lands due to the operation of the
"rail banking" provisions of the National Trails System Act, 16
U.S.C. Section 1247(d). Excluded from this Class are the owners of
land that abut segments of the subject right-of-way in which the
railroad acquired a fee simple interest; railroad companies and
their successors in interest; persons who have filed, intervened,
or choose to intervene or opt in to separate lawsuits against the
United States for compensation for the same interests in land."

The class is certified for the purpose of determining whether the
actions taken by the United States pursuant to the NTSA resulted
in a taking of private property for which just compensation must
be paid under the Fifth Amendment to the U.S. Constitution.

J. Robert Sears, Esq. -- sears@bscr-law.com -- of the firm Baker
Sterchi Cowden & Rice, L.L.C., was appointed Class Counsel.

A copy of the Court's January 24, 2013 Opinion is available at
http://is.gd/wUD9pafrom Leagle.com.


WARNER BROS: Digital Copy Expiry Suit Dismissed With Prejudice
--------------------------------------------------------------
District Judge Patricia A. Seitz dismissed with prejudice the
class action lawsuit captioned PAULINE MERL, et al., Plaintiffs,
v. WARNER BROS. ENTERTAINMENT INC., et al., Defendants, Case No.
1:12-CV-20870-PAS, (S.D. Fla.).

Pauline Merl, Scott Merl, and Richard J. Overton alleged that DVD
and Blu-ray movie packages from Warner Bros. Entertainment Inc.,
New Line Cinema LLC, Sony Pictures Home Entertainment Inc.,
Universal City Studios LLC, and Universal Studios Home
Entertainment LLC contained representations on the outside of the
packaging that a Digital Copy of the movie was included with the
purchase of the movie package.  The Plaintiffs complain that the
Digital Copies were subject to expiration dates that were either
not disclosed conspicuously on the outside of the movie packages,
or were not disclosed at all.  As a result, they were unable to
access the Digital Copies because these had already expired when
they tried to access them.  The Merls purchased three movie
titles, and Mr. Overton purchased three movie titles.

The Court dismissed with prejudice the Complaint with respect to
all six titles.

"The Plaintiffs fail to state a claim because the expiration dates
were disclosed for each of the titles they purchased," Judge Seitz
concluded.  "This case is CLOSED."

A copy of the District Court's January 23, 2013 Order is available
at http://is.gd/g9E4ocfrom Leagle.com.


WOLFGANG PUCK: Faces Overtime Class Action in New York
------------------------------------------------------
Courthouse News Service reports that Wolfgang Puck Catering and
Events and Compass Group USA stiffed workers for overtime, a class
action claims in New York County Supreme Court.


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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
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Chapman, Editors.

Copyright 2013. All rights reserved. ISSN 1525-2272.

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