CAR_Public/131128.mbx              C L A S S   A C T I O N   R E P O R T E R

           Thursday, November 28, 2013, Vol. 15, No. 236

                             Headlines



783 MANHATTAN: Sued Over Unpaid Minimum and Overtime Wages
9140-5621 QUEBEC: Recalls Cheese Products Due to E. Coli
ALL SOURCE: Fails to Pay Overtime Compensation, Suit Claims
ALLIANCE INSPECTIONS: Manager Files Overtime Class Action
AMARIN CORP: Misrepresents FDA Approval of Vascepa, Suit Says

AMECO PARADISIO: Recalls Polo Pyjamas Due to Fire Hazard
APPLE INC: Faces Suit in Texas Over iPad and iPod Warranties
BAJA INC: Recalls Mini Bikes Due to Fall, Crash Hazard
BAT-YAM FOOD: Faces Class Suit Over Unpaid Overtime Premium Pay
BC HYDRO: Group Files Expanded Smart Meter Class Action

BLOUNT FINE: Recalls "Wegmans New England Clam Chowder"
CAISSIE GROCERY: Recalls Caissie Meat Bakery Products
CHRYSLER GROUP: Sued Over Defective Integrated Power Modules
COLE REAL ESTATE: Faruqi & Faruqi Files Securities Class Action
COSTCO #251: Recalls Certain Kirkland Bakery Products

DFC GLOBAL: Kessler Topaz Meltzer Files Securities Class Action
FORD MOTOR: Kaiser Gornick Files Class Action in California
HERTZ GLOBAL: Robbins Geller Rudman Files Securities Class Action
HOUSTON PIZZA: Sued by Pizza Delivery Drivers Over Unpaid Wages
LAVAL, CANADA: Mayor Faces Class Action Over Alleged Fraud

LES SALAISONS: Recalls Smoked Meat Due to Listeria
LESSORS INC: Systematically Fails to Pay Overtime, Suit Claims
LIGHTINTHEBOX HOLDING: Faces "Sabile" Securities Suit in New York
LOBLAW COMPANIES: Recalls Suraj Garlic Powder Due to Salmonella
LOBLAW COMPANIES: Recalls Joe Fresh Toddler Boots

MAJOR LEAGUE: Henry May Need to Testify in Blackout Policy Suit
MIDEA INTERNATIONAL: Recalls Garrison 1500W Oil-Filled Heaters
MIRACO EURO: Recalls Eurocrem Spread Due to Undeclared Almonds
NEWFOUNDLAND, CANADA: Premier Gets Subpoena in Moose Class Action
NISSAN MOTOR: Judge Objects to Electric Car Class Action Deal

ORANGE CTY, CA: Gang Injunction Violated Rights, 9th Cir. Rules
OSP HOSPITALITY: Fails to Pay Employees Minimum Wages, Suit Says
PANASONIC CORP: Allowed to Join $26-Mil. Hitachi-LG Settlement
PATTEN INDUSTRIES: Sued Over Unpaid OT for Hours Worked Above 40
PEOPLES TRUST: Sutts Strosberg Files Class Action Over Data Breach

PROBAR LLC: Faces False Advertising Suit Over PROBAR Protein Bars
QUALITY SYSTEMS: Bernstein Litowitz Files Securities Class Action
TOYOTA MOTOR: 9th Cir. Won't Revive Prius Class Action
TREASURY WINES: CEO Lashes Out at Rising Shareholder Class Actions
UMPQUA BANK: Jury Trial in Suit Over Excessive Overdraft Fees

USPLABS LLC: Recalls OxyELITE Pro Dietary Supplements
UTAH: Class Action Attorney Says Steed's DUI Arrests Illegal
VIKING RANGE: Recalls Built-In Side-by-Side Refrigerator Freezers
XEROX EDUCATION: Credit Payments to Loans Improperly, Suit Says
YOUR TRUE: Recalls Raw Choice Bulk Dehydrated Natural Pet Treats

* Ontario Judge Says Class Action Proceedings Too Expensive


                             *********


783 MANHATTAN: Sued Over Unpaid Minimum and Overtime Wages
----------------------------------------------------------
Jairo Calcano-Guerrero, Individually and on Behalf of All Other
Past and Present Similarly Situated Employees v. 783 Manhattan
Fruit Exchange, Inc. d/b/a Manhattan Fruit Exchange, Inc., Louis
Latilla, Delio Latilla and Vito Latilla, Case No. 1:13-cv-07289-
ALC-KNF (S.D.N.Y., October 16, 2013) is brought pursuant to the
Fair Labor Standards Act and the New York State Labor Law to
recover back wages for minimum wage and overtime and spread of
hours violations.

783 Manhattan Fruit Exchange, Inc., operates a retail and
wholesale fruit and vegetable company located in New York under
the business name Manhattan Fruit Exchange.  The Individual
Defendants own and manage the Company.

The Plaintiff is represented by:

          William Cafaro, Sr., Esq.
          Amit Kumar, Esq.
          LAW OFFICES OF WILLIAM CAFARO
          108 West 39th Street, Suite 602
          New York, NY 10018
          Telephone: (212) 583-7400
          Facsimile: (212) 583-7401
          E-mail: bcafaro@cafaroesq.com
                  akumar@cafaroesq.com


9140-5621 QUEBEC: Recalls Cheese Products Due to E. Coli
--------------------------------------------------------
Starting date:            November 15, 2013
Type of communication:    Recall
Alert sub-type:           Notification
Subcategory:              Microbiological - Other
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           9140-5621 Quebec Inc. (Fromagerie du
                          Presbytere)
Distribution:             Quebec
Extent of the product
distribution:             Retail
CFIA reference number:    8470

Affected products: 600 g. Fromagerie du Presbytere Brie Paysan -
Soft Surface Ripened Cheese


ALL SOURCE: Fails to Pay Overtime Compensation, Suit Claims
-----------------------------------------------------------
Lynn Chase, on behalf of herself and those similarly situated v.
All Source Recruiting Group, Inc., d/b/a Ardor Health Solutions, a
Florida corporation, Case No. 0:13-cv-62256-RNS (S.D. Fla.,
October 16, 2013) is an action for overtime compensation and other
relief under the Fair Labor Standards Act.

All Source Recruiting Group, Inc., is a Florida corporation
conducting business in Broward County, Florida, as Ardor Health
Solutions.

The Plaintiff is represented by:

          E. Cole FitzGerald, III, Esq.
          Gregory Douglas Cook, Esq.
          FITZGERALD MAYANS & COOK, P.A.
          Northbridge Center, Suite 900
          515 North Flagler Drive
          West Palm Beach, FL 33401
          Telephone: (561) 832-8655
          Facsimile: (561) 832-8678
          E-mail: Fitzgerald@fmc-lawfirm.com
                  cook@fmc-lawfirm.com

The Defendant is represented by:

          Margaret Hood Mevers, Esq.
          Lydecker Diaz, Esq.
          1221 Brickell Avenue, 19th Floor
          Miami, FL 33131
          Telephone: (305) 416-3180
          Facsimile: (305) 416-3190
          E-mail: mhm@lydeckerdiaz.com


ALLIANCE INSPECTIONS: Manager Files Overtime Class Action
---------------------------------------------------------
Brian Bowling, writing for TribLIVE, reports that a local manager
for a Long Beach, Calif., vehicle inspection company says it
ignored a Department of Labor finding that it was misclassifying
its field service managers and owes them overtime pay.

Joanne Jones, 55, of Elizabeth Township says in a proposed class-
action lawsuit filed in federal court on Nov. 20 that she
regularly works 50 to 60 hours a week for Alliance Inspections
Management LLC without receiving overtime pay.

Ms. Jones and her attorneys couldn't immediately be reached. A
company spokesman declined comment.

In 2012, the Labor Department's Wage and Hour Division determined
the company was violating federal labor laws, but the company
refused to enter into a settlement, the lawsuit says.  The agency
sent Jones a letter on Oct. 29 telling her of its findings.

The letter says the agency doesn't have the resources to sue every
employer who refuses to settle, but that she can file her own
lawsuit.

Ms. Jones is suing on behalf of any person who's worked as a
manager for the company in the past three years, including at
least 30 people in Pennsylvania.


AMARIN CORP: Misrepresents FDA Approval of Vascepa, Suit Says
-------------------------------------------------------------
Steven Sklar, on behalf of himself and all others similarly
situated v. Amarin Corporation PLC and Joseph S. Zakrzewski, Case
No. 3:13-cv-06663-FLW-TJB (D.N.J., November 1, 2013) alleges that
Amarin misrepresented or omitted material facts concerning the
Food and Drug Administration approval process for its Vascepa(R)
(icosapent ethyl) product.

Amarin is a British corporation, headquartered in Dublin, Ireland.
Amarin is a biopharmaceutical company focused on the
commercialization and development of therapeutics to improve
cardiovascular health.  Joseph S. Zakrzewski is the Chairman and
Chief Executive Officer of Amarin.

The Plaintiff is represented by:

          Jeffrey W. Herrmann, Esq.
          COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP
          Park 80 Plaza West - One
          Saddle Brook, NJ 07663
          Telephone: (201) 845-9600
          Facsimile: (201) 845-9423
          E-mail: jwh@njlawfirm.com

               - and -

          Lester L. Levy, Esq.
          Robert C. Finkel, Esq.
          Natalie M. Mackiel, Esq.
          WOLF POPPER LLP
          845 Third Avenue, 12th Floor
          New York, NY 10022
          Telephone: (212) 759-4600
          Facsimile: (212) 486-2093
          E-mail: llevy@wolfpopper.com
                  rfinkel@wolfpopper.com
                  nmackiel@wolfpopper.com


AMECO PARADISIO: Recalls Polo Pyjamas Due to Fire Hazard
--------------------------------------------------------
Starting date:            November 19, 2013
Posting date:             November 19, 2013
Type of communication:    Consumer Product Recall
Subcategory:              Clothing and Accessories
Source of recall:         Health Canada
Issue:                    Flammability Hazard
Audience:                 General Public
Identification number:    RA-36783

Affected products: Ameco Paradisio polo pyjamas

The recall involves Diana & Karine polo pyjama for girls.  The
sleepwear is made of 100% cotton and can be identified by CA
4339284.  It comes in different styles.

Polo pyjamas affected by this recall:

   -- 2-3X Girls' 100% cotton 2-piece set with short sleeves and
      kitten print with 59453H style;

   -- 4-6X Girls' 100% cotton 2-piece set with short sleeves and
      kitten print with 69453H print

Health Canada has determined that these products do not meet the
flammability requirements for children's sleepwear under Canadian
law.

Loose-fitting children's sleepwear can contact ignition sources
such as stove elements, candles, and matches more readily than
tight-fitting sleepwear.  Once ignited, the sleepwear can burn
rapidly and cause severe burns to large areas of the child's body,
resulting in shock and sometimes death.  Cotton is not permitted
in loose-fitting children's sleepwear.

Neither Health Canada nor Ameco Paradisio has received any reports
of incidents or injuries related to the use of this sleepwear.

Approximately 562 units of the polo pyjamas were sold in Canada.

The recalled products were manufactured in India and sold from
April 2013 to October 2013 exclusively at Hart stores throughout
Quebec.

Companies:

   Manufacturer     Sri Arunkarai Amman Apparels
                    Tirapur
                    India

   Distributor      Les modes Ameco Paradisio Apparel Inc.
                    Montreal
                    Quebec
                    Canada

Consumers should stop using the recalled sleepwear immediately and
return it to where it was purchased.


APPLE INC: Faces Suit in Texas Over iPad and iPod Warranties
------------------------------------------------------------
Courthouse News Service reports that Apple doesn't disclose that
its iPad and iPod warranties allow repairs with used parts and
replacement of new devices with used ones, a class action claims
in Texas Federal Court.


BAJA INC: Recalls Mini Bikes Due to Fall, Crash Hazard
------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Baja Inc. d/b/a Baja Motorsports, of Anderson, S.C., announced a
voluntary recall of 23,000 Mini Bike.  Consumers should stop using
this product unless otherwise instructed.  It is illegal to resell
or attempt to resell a recalled consumer product.

The front fork can separate from the wheel, posing fall and crash
hazards to riders.

The firm has received 13 reports of front forks separating from
the wheel.  Minor injuries have been reported.

The recall involves Baja Motorsports MB200 gas-powered mini bikes
manufactured from August 2010 through August 2012.  The recalled
mini bikes have a black frame with a black padded seat, a gas tank
and fenders that are black, red or yellow, side reflectors and a
headlight.  A decal with the words "Baja" and "Warrior" and the
number 200 inside a circle with wings attached is on both sides of
the gas tank.  "Baja 200cc" is on the engine cover on the right
side of the minibike.  This mini bike may also be known as WR96,
WR200, Baja Heat, Baja Carbon and Mini Baja.  The date of
manufacture is on the bottom right of the Vehicle Emissions
Control Information label in the MM/YY format.  The label is
attached to the front side of the engine.

Pictures of the recalled products are available at:
http://is.gd/XS5I0m

The recalled products were manufactured in China and sold at
Northern Tool Equipment, Pep Boys and Tractor Supply Company from
February 2010 to September 2013 for about $650.

Consumers should immediately stop using the recalled mini bikes
and contact Baja Motorsports to schedule a free repair.


BAT-YAM FOOD: Faces Class Suit Over Unpaid Overtime Premium Pay
---------------------------------------------------------------
Min Gui Ni, Gong Shao Chen, De Xing Han, Jing Tian Jiang, Shi
Chen, Da Yu Zheng, Nai Guang Lin and Zhen Zhai Wu, on behalf of
themselves and all others similarly situated v. Bat-Yam Food
Services Inc. d/b/a Yaffa Cafe, Amir Ramati, Lika Ramati, Eran
Ramati and John Does #1-10, Jane Does #1-10, Company ABC #1-10,
Case No. 1:13-cv-07274-ALC-JCF (S.D.N.Y., October 16, 2013)
alleges that the Plaintiffs are entitled to unpaid wages from the
Defendants for overtime work for which they did not receive
overtime premium pay.

Bat-Yam Food Services Inc., a New York corporation, operates a
restaurant business under the name Yaffa Cafe located in New York
City.  The Individual Defendants are owners, officers or managers
of the Company.

The Plaintiffs are represented by:

          Heng Wang, Esq.
          Wenyu Wu, Esq.
          HENG WANG & ASSOCIATES, P.C.
          7 Mott Street, Suite 600
          New York, NY 10013
          Telephone: (646) 543-5848
          Facsimile: (646) 572-8998
          E-mail: heng.wang@wanggaolaw.com
                  wenyu.wu@wanggaolaw.com

The Defendants are represented by:

          Andrew Sal Hoffmann, Esq.
          WISEMAN & HOFFMANN
          450 Seventh Avenue, Suite 1400
          New York, NY 10123
          Telephone: (212) 686-2110
          Facsimile: (212) 686-4766
          E-mail: Ashlegal@aol.com


BC HYDRO: Group Files Expanded Smart Meter Class Action
-------------------------------------------------------
The Canadian Press reports that opponents of BC Hydro's smart
meters are going commercial in their fight against the wireless
transmitters.

The group Citizens for Safe Technology says it has filed an
expanded class-action lawsuit against BC Hydro, in hopes of adding
Hydro's commercial account holders to the case that currently
includes only residential customers.

The group alleges Hydro's commercial customers face discrimination
because they are not included in opt-out provisions offered to
residential customers who have refused smart meters over concerns
the devices invade privacy or create health risks through constant
emission of microwave radiation.

An organic farmer in Peachland, B.C., has become the
representative plaintiff for commercial customers interested in
joining the drive to certify the lawsuit against the power
provider.

BC Hydro stands by its smart meter program saying it will make the
province's energy grid more efficient, sustainable and better able
to respond to outages, and the B.C. Utilities Commission and B.C.
Court of Appeal have denied an effort in the past to force Hydro
to stop installing smart meters.

A judge must still approve the class-action application before
deciding if the group's legal action will be allowed to proceed.


BLOUNT FINE: Recalls "Wegmans New England Clam Chowder"
-------------------------------------------------------
Blount Fine Foods of Fall River, MA is recalling a single lot code
of Wegman's branded refrigerated New England Clam Chowder in 16
ounce retail cup pack size because of undeclared crab allergen.
People who have an allergy or severe sensitivity to crab run the
risk of suffering serious or life-threatening reactions if they
consume this product.

Product:

Wegmans branded refrigerated New England Clam Chowder 16oz retail
cup UPC 77890 27864 with a Use By date of 01/08/2014 and a lot
code of 10313-8J

The use by date and lot code are on the bottom of the cup with the
lot number directly below it. Use By: 01/08/2014 10313-8J

The New England Clam Chowder ingredient statement does not declare
the allergen crab.  No other products or date codes are affected
by the recall.

The product was distributed to 83 Wegmans stores in New York,
Pennsylvania, New Jersey, Maryland, Virginia, and Massachusetts.

The recall resulted from a consumer finding a crab shell in the
soup.

No illnesses have been reported to date.

Consumers who have purchased item listed above with affected lot
number are urged to return it to the place of purchase for a full
refund.  Consumers who have health-related concerns should contact
their physician.  Consumers with questions may contact the Blount
Fine Foods at 1-800-274-2526, Monday - Friday, 8 a.m.-5 p.m.
Eastern Time.


CAISSIE GROCERY: Recalls Caissie Meat Bakery Products
-----------------------------------------------------
Starting date:            November 15, 2013
Type of communication:    Recall
Alert sub-type:           Allergy Alert
Subcategory:              Allergen - Milk
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Caissie Grocery & Meat Ltd.
Distribution:             New Brunswick
Extent of the product
distribution:             Retail
CFIA reference number:    8467

Affected products:

       Brand name                                      UPC
       ----------                                      ---
800 g. Caissie Grocery & Meat Ltd. Date Squares   8 58495 00080 3
6 count Caissie Grocery & Meat Ltd. Sticky Buns   8 58495 00082 7


CHRYSLER GROUP: Sued Over Defective Integrated Power Modules
------------------------------------------------------------
Peter Velasco, Christopher White, Jacqueline Young, and
Christopher Light, on behalf of themselves and all others
similarly situated v. Chrysler Group LLC, Case No. 2:13-cv-08080-
DDP-VBK (C.D. Cal., November 1, 2013) alleges that 2008 model year
Chrysler 300 and 2011-2012 model year Jeep Grand Cherokees, Dodge
Durangos, and Dodge Grand Caravans were equipped with defective
Totally Integrated Power Modules.

The Plaintiffs argue that the Class Vehicles equipped with
defective TIPMs progress through a succession of symptoms that
begin with an inability to reliably start the vehicle and lead to,
among other things, the vehicle not starting, the fuel pump not
turning off and the engine stalling while driving.

The Plaintiffs are represented by:

          Eric H. Gibbs, Esq.
          Dylan Hughes, Esq.
          Caitlyn D. Finley, Esq.
          GIRARD GIBBS LLP
          601 California Street 14th Floor
          San Francisco, CA 94108
          Telephone: (415) 981-4800
          Facsimile: (415) 981-4846
          E-mail: ehg@girardgibbs.com
                  dsh@girardgibbs.com
                  cdf@girardgibbs.com

               - and -

          Todd M. Schneider, Esq.
          Joshua G. Konecky, Esq.
          SCHNEIDER WALLACE COTTRELL KONECKY LLP
          180 Montgomery Street Suite 2000
          San Francisco, CA 94104
          Telephone: (415) 421-7100
          Facsimile: (415) 421-7105
          E-mail: tschneider@schneiderwallace.com
                  jkonecky@schneiderwallace.com

The Defendant is represented by:

          Rowena G. Santos, Esq.
          THOMPSON COBURN LLP
          2029 Century Park East 19th Floor
          Los Angeles, CA 90067
          Telephone: (310) 282-2500
          Facsimile: (310) 282-2501
          E-mail: rsantos@thompsoncoburn.com


COLE REAL ESTATE: Faruqi & Faruqi Files Securities Class Action
---------------------------------------------------------------
Faruqi & Faruqi, LLP on Nov. 20 disclosed that it has filed a
class action lawsuit in the United States District Court for the
District of Arizona, case no. 2:13-cv-02361-DGC, on behalf of all
shareholders of Cole Real Estate Investments, Inc. who held common
stock on or before October 23, 2013, the day the Company agreed to
be acquired, in connection with the proposed acquisition of the
Company by American Realty Capital Properties, Inc. and Clark
Acquisition, LLC.

If you wish to obtain information concerning this action or view a
copy of the complaint, you can do so by clicking here:
http://www.faruqilaw.com/COLE

The complaint charges Cole Real Estate, its board of directors,
and ARCP with violations of the Securities Exchange Act of 1934
and breaches of fiduciary duties under state law.

On October 23, 2013, Cole Real Estate announced a definitive
Agreement and Plan of Merger under which ARCP will acquire all
outstanding shares of stock of Cole Real Estate.  Pursuant to the
Proposed Transaction, Cole Real Estate's stockholders have the
option of receiving 1.0929 shares of ARCP common stock or $13.82
in cash for each share of Cole Real Estate common stock they
currently own, subject to proration if elections for cash exceed
20% of the Company's outstanding shares.  The total value of the
Proposed Transaction is approximately $11.2 billion.

Further, in an attempt to secure shareholder support for the
Proposed Transaction, on November 5, 2013, Cole Real Estate and
ARCP filed a Form S-4 Registration Statement with the SEC.  The
Registration Statement fails to disclose, in violation of both the
Board's duty of candor under state law and Section 14(a) and 20(a)
of the Exchange Act, information that is material to the impending
decision of Cole Real Estate shareholders whether or not to tender
their shares in the Proposed Transaction and/or whether to seek
appraisal for their shares.

Plaintiff seeks to recover damages, and injunctive and equitable
relief, on behalf of himself and all other stockholders of Cole
Real Estate, excluding defendants and their affiliates.  Plaintiff
is represented by Faruqi & Faruqi, LLP, a law firm with extensive
experience in prosecuting class actions, and significant expertise
in actions involving corporate fraud. Faruqi & Faruqi, LLP, was
founded in 1995 and the firm maintains its principal office in New
York City, with offices in Delaware, California, and Pennsylvania.

If you wish to serve as lead plaintiff, you must move the Court no
later than 60 days from November 20, 2013.

Any member of the putative class may move the Court to serve as
lead plaintiff through counsel of their choice, or may choose to
do nothing and remain an absent class member.  If you wish to
discuss this action, or have any questions concerning this notice
or your rights or interests, please contact:

          Juan E. Monteverde, Esq.
          FARUQI & FARUQI, LLP
          369 Lexington Ave 10th Floor
          New York, NY 10017
          Telephone: (877) 247-4292 or (212) 983-9330
          E-mail: jmonteverde@faruqilaw.com


COSTCO #251: Recalls Certain Kirkland Bakery Products
-----------------------------------------------------
Starting date:            November 14, 2013
Type of communication:    Recall
Alert sub-type:           Notification
Subcategory:              Extraneous Material
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Costco #251 (Calgary South)
Distribution:             Alberta
Extent of the product
distribution:             Retail
CFIA reference number:    8448

Affected products by Kirkland Signature:

   -- 1.075 kg Granola which was packed On 13/NO/01, 13/NO/02,
      13/NO/03, 13/NO/04;

   -- 1.050 kg Banana Nut Loaf which was packed On 13/NO/01,
      13/NO/02, 13/NO/03, 13/NO/04;

   -- 1.85 kg 12" Pumpkin Pie which was packed On 13/NO/01,
      13/NO/02, 13/NO/03, 13/NO/04;

   -- Mix and Match Muffins 2 x 6 Count Packed On 13/NO/02,
      13/NO/03, 13/NO/04;

   -- 4.310 kg White Buttercream Cake with Best Before 13/NO/06,
      13/NO/07, 13/NO/08, 13/NO/09; and

   -- 4.310 kg. Chocolate Buttercream Cake with Best Before
      13/NO/06, 13/NO/07, 13/NO/08, 13/NO/09


DFC GLOBAL: Kessler Topaz Meltzer Files Securities Class Action
---------------------------------------------------------------
Kessler Topaz Meltzer & Check, LLP on Nov. 20 disclosed that a
class action lawsuit was filed in the United States District Court
for the Eastern District of Pennsylvania on behalf of purchasers
of the securities of DFC Global Corp., between January 28, 2011
and August 22, 2013, inclusive.  If you are a member of this
class, you may view a copy of the Complaint or join this class
action online at http://www.ktmc.com/cases

DFC Global is a non-bank provider of alternative financial
services such as payday loans and secured pawn loans.  The
Company's primary customers are "unbanked" and "under-banked"
consumers that have difficulty paying their bills each month, and
as a result, seek out short-term loans to make ends meet. DFC
Global earns approximately 65% of its revenue from offering
unsecured loans to these types of customers, a substantial portion
of which is from customers that rollover or refinance their loans
in perpetuity and pay only the finance charges.  The United
Kingdom requires payday lenders such as DFC Global to comply with
extensive regulations pursuant to the Consumer Credit Act of 1974
and the Office of Fair Trading's guidance on irresponsible lending
to ensure that customers -- which are among the most vulnerable
consumers in the U.K. -- are able to repay their loans without
undue hardship.  In addition, the U.K.'s Consumer Finance
Association, of which DFC Global is a charter member, prohibits
some of the payday lending industry's most egregious practices,
such as the rolling over of customers' loans more than three
times.

The Complaint alleges that, throughout the Class Period, DFC
Global misrepresented to investors that it complied with
government regulations and guidance with regard to irresponsible
lending practices, and that the Company made "prudent,"
"conservative," and "responsible" underwriting decisions when
making loans.  Additionally, the Complaint charges the defendants
with knowingly misrepresenting DFC Global's loss rates for loans,
and issuing false earnings guidance of between $2.35 and $2.55 per
diluted share for its 2013 fiscal year.

More specifically, the Complaint charges DFC Global and certain of
its executive officers with violations of the Securities Exchange
Act of 1934, and alleges that the defendants failed to disclose
and misrepresented the following material adverse facts which were
known to defendants or recklessly disregarded by them: (1) DFC
Global systematically issued high-fee predatory loans to consumers
that had no reasonable means to be repaid; (2) the Company
continuously rolled over or refinanced its loans in order to delay
or avoid defaults; (3) DFC Global failed to conduct adequate
affordability assessments on its customers; (4) DFC Global
understated its loan loss rates; (5) the Company's earnings
guidance for its 2013 fiscal year was inflated because it was
dependent upon the Company's improper lending practices; and (6)
as a result of DFC Global's irresponsible lending, the Company
failed to comply with industry regulations and guidance.

On March 6, 2013, the OFT announced the results of an
investigation that it was conducting on the entire payday lending
industry.  The OFT reported that it uncovered "deep rooted"
evidence of "widespread irresponsible lending" by the leading 50
payday lenders "and failure to comply with the standards required
of them."  These problems pervaded the entire payday lending
sector, including lenders that were members of the CFA and other
leading trade associations, and ran across the entire payday
lending process.  One particular area of non-compliance included
"lenders failing to conduct adequate assessments of affordability
before lending or before rolling over loans," in violation of
regulations and guidance.  Accordingly, the OFT required the
inspected lenders, including DFC Global, to substantially revise
their lending practices and become fully compliant within three
months or risk losing their license.

Raising concerns that DFC Global's lending practices were no
exception to the OFT's findings, on April 1, 2013, the Company
preannounced results for its third quarter of 2013 that were
seriously impacted by poor loan performance.  Specifically, during
the earnings conference call, the Company announced that the CFA
rollover limit caused a significant number of DFC Global's
outstanding loans in the U.K. to become immediately due and
default because they could not be repaid.  According to DFC
Global, the Company as a whole experienced a loss rate of above
25%, and a loss rate of approximately 35% in the U.K. Because of
the spiking loss rates, the Company also slashed its fiscal year
2013 diluted operating earnings per share guidance from $2.35 --
$2.45 per share to $1.70 -- $1.80 per share.  On this news, the
price of the Company's stock declined $3.60 per share, or nearly
22%, to close at $13.04 per share on April 1, 2013, on unusually
heavy trading volume.

However, DFC Global continued to assure investors regarding its
conservative underwriting criteria, and that it had taken
additional steps to tighten those standards.  The Company also
falsely assured investors that it was in compliance with
government guidelines and that any outstanding issues with regard
to DFC Global's compliance would be resolved without significant
business interruption.

Then, on August 22, 2013, DFC Global announced earnings for its
fourth quarter of 2013 during which it again reported soaring loan
defaults in the U.K. with the Company's loan loss provision
increasing to 25.7%.  Additionally, DFC Global disclosed that it
expected to incur a recurring $10 -- $15 million of expenses for
regulatory, legal, audit, and compliance-related costs relating to
its payday lending program.  DFC Global's losses in the U.K. were
so severe that the Company was unable to provide earnings per
share guidance for fiscal 2014.  On this news, the price of the
Company's stock declined an additional $4.59 per share, or almost
29%, to close at $11.31 per share on August 23, 2013, again on
unusually heavy trading volume.

If you wish to discuss this action or have any questions
concerning this notice or your rights or interests with respect to
these matters, please contact Kessler Topaz Meltzer & Check, LLP
(Darren J. Check, Esq. or D. Seamus Kaskela, Esq.) toll free at
1-888-299-7706 or 1-610-667-7706, or via e-mail at info@ktmc.com
For additional information about this lawsuit, or to join the
class action online, please visit http://www.ktmc.com/cases

Members of the class may, no later than January 21, 2013, move the
Court to serve as a lead plaintiff of the class.  A lead plaintiff
is a representative party who acts on behalf of other class
members in directing the litigation.  In order to be appointed
lead plaintiff, the Court must determine that the class member's
claim is typical of the claims of other class members, and that
the class member will adequately represent the class.  Your
ability to share in any recovery is not, however, affected by the
decision of whether or not to serve as a lead plaintiff.  Any
member of the purported class may move the court to serve as lead
plaintiff through counsel of their choice, or may choose to do
nothing and remain an absent class member.

Plaintiff seeks to recover damages on behalf of class members and
is represented by the law firm of Kessler Topaz Meltzer & Check,
which prosecutes class actions in both state and federal courts
throughout the country.

Kessler Topaz Meltzer & Check -- http://www.ktmc.com-- represents
investors, consumers and whistleblowers (private citizens who
report fraudulent practices against the government and share in
the recovery of government dollars).


FORD MOTOR: Kaiser Gornick Files Class Action in California
-----------------------------------------------------------
Kaiser Gornick LLP on Nov. 20 disclosed that it has filed a class
action lawsuit in the United States District Court for the
Northern District of California (Sansoe et al., v. Ford Motor
Company, Case No. 3:13-cv-05043-PJH ) on behalf of all persons who
purchased or leased a Ford vehicle in California and were charged
for excessive damage and/or wear and tear when returning the
vehicle pursuant to California's Lemon Law.

Under California's Lemon Law, when a car manufacturer repurchases
or replaces a vehicle, it is prohibited from taking a deduction
for use of the vehicle other than that specified in a statutory
mileage formula.  A car manufacturer violates the Lemon Law by
charging an owner or lessee any amount for use of the vehicle
other than the mileage formula.

This class action seeks to cease Ford's business practice of
charging California vehicle owners and lessees, or requiring them
to pay third parties, for excessive damage and/or wear and tear to
lemon vehicles.

For more information regarding this class action, please visit
http://www.lemonlawcalif.com/contact Nicholas A. Deming toll-free
at (800) 824-8234, or by email at ndeming@kasiergornick.com
To learn more about Kaiser Gornick LLP visit our website at
http://www.kaisergornick.com

Kaiser Gornick LLP is a national product liability law firm
committed to representing plaintiff's interests and leveling the
playing field for individuals harmed by defective products.


HERTZ GLOBAL: Robbins Geller Rudman Files Securities Class Action
-----------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP on Nov. 20 disclosed that a class
action has been commenced in the United States District Court for
the District of New Jersey on behalf of purchasers of Hertz Global
Holdings, Inc. common stock during the period between February 25,
2013 and November 4, 2013.

If you wish to serve as lead plaintiff, you must move the Court no
later than 60 days from November 20, 2013.  If you wish to discuss
this action or have any questions concerning this notice or your
rights or interests, please contact plaintiff's counsel,
Samuel H. Rudman or David A. Rosenfeld of Robbins Geller at
800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com

If you are a member of this class, you can view a copy of the
complaint as filed or join this class action online at
http://www.rgrdlaw.com/cases/hertz/

Any member of the putative class may move the Court to serve as
lead plaintiff through counsel of their choice, or may choose to
do nothing and remain an absent class member.

The complaint charges Hertz and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
Hertz, based in Park Ridge, New Jersey, is one of the nation's
largest automobile and equipment rental companies.

The complaint alleges that during the Class Period, defendants
issued materially false and misleading statements regarding the
Company's financial performance and future prospects, failing to
disclose that: (a) Hertz was losing sales in the all-important
airport market, which offers higher rental prices and margins than
off-airport, longer-term "replacement car" locations; (b) Hertz
had significant undisclosed exposure to the insolvency of
Advantage Rent A Car subsidiary Simply Wheelz LLC, a wholly-owned
subsidiary of Hertz that operated its Advantage business; (c)
Hertz and Advantage were engaged in a disagreement over the value
of the Advantage fleet assets; (d) Hertz was carrying the value of
its fleet transferred to Advantage and its subsidiary Simply
Wheelz on its books at an artificially inflated level; and (e) as
a result of the foregoing, Hertz lacked a reasonable basis for the
positive statements about its business, earnings and prospects
during the Class Period.

After reporting quarter after quarter of purportedly "record"
financial results during the Class Period, which defendants
claimed supported the Company's strong fiscal 2013 guidance,
suddenly, on September 26, 2013, Hertz issued a press release
entitled "Hertz Revises Full Year 2013 Guidance."  The release
made substantial revisions to the guidance the Company had
consistently maintained it was on track to reach since February
2013.  On this news, the price of Hertz stock fell by more than $4
per share, or 16%, to close at $21.63 per share.

Then, on November 4, 2013, after the close of trading, Hertz
issued a press release announcing its third quarter 2013 financial
results for the quarter ended September 30, 2013.  The release
disclosed that on a GAAP basis, Hertz's net income fell to $214.7
million, or $0.47 per share, from $242.9 million, or $0.55 per
share, in the third quarter of 2012, and disclosed for the first
time Hertz's exposure to Simply Wheelz's insolvency.  The next
morning, Simply Wheelz announced that it was filing for protection
under the federal bankruptcy statutes. On this news, the price of
Hertz stock dropped further, falling $2.50 per share, or 10.50%.

Plaintiff seeks to recover damages on behalf of all purchasers of
Hertz common stock during the Class Period.  The plaintiff is
represented by Robbins Geller, which has expertise in prosecuting
investor class actions and extensive experience in actions
involving financial fraud.

Robbins Geller -- http://www.rgrdlaw.com-- represents U.S. and
international institutional investors in contingency-based
securities and corporate litigation.  With nearly 200 lawyers in
ten offices, the firm represents hundreds of public and multi-
employer pension funds with combined assets under management in
excess of $2 trillion.


HOUSTON PIZZA: Sued by Pizza Delivery Drivers Over Unpaid Wages
---------------------------------------------------------------
Jose Estrada, and Miguel Reyna Amaro, Individually and on Behalf
of All Others Similarly Situated v. Houston Pizza Venture, LP
d/b/a Papa John's; HPV-C, LLC d/b/a Papa John's; HPV Staff, LLC;
Frank Carney; Martin Hart; and Keith Sullins, Case No. 3:13-cv-
00372 (S.D. Tex., October 16, 2013) arises from the Defendants
alleged failure to adequately compensate the Plaintiffs, who are
pizza delivery drivers for Papa John's Pizza restaurants, at the
minimum wage and overtime as required by the Fair Labor Standards
Act.

Houston Pizza Venture, LP d/b/a Papa John's, is a domestic limited
partnership doing business in Texas.  HPV-C, LLC d/b/a Papa John's
is a domestic limited liability company doing business in Texas.
HPV Staff LLC is a domestic limited liability company doing
business in Texas.  The Individual Defendants are managers or
directors of the Corporate Defendants.

The Plaintiffs are represented by:

          Galvin B. Kennedy, Esq.
          Beatriz Sosa-Morris, Esq.
          KENNEDY HODGES, L.L.P.
          711 W. Alabama St.
          Houston, TX 77006
          Telephone: (713) 523-0001
          Facsimile: (713) 523-1116
          E-mail: Gkennedy@kennedyhodges.com
                  Bsosamorris@kennedyhodges.com

The Defendants are represented by:

          William R. Stukenberg, Esq.
          JACKSON LEWIS LLP
          1415 Louisiana, Suite 3325
          Houston, TX 77002
          Telephone: (713) 650-0404
          Facsimile: (713) 650-0405
          E-mail: william.stukenberg@jacksonlewis.com


LAVAL, CANADA: Mayor Faces Class Action Over Alleged Fraud
----------------------------------------------------------
Jason Magder, writing for The Montreal Gazette, reports that if
approved, a class-action lawsuit would seek at least C$23 million
from Laval's former mayor, its general manager, its head of
engineering and four engineering firms for allegedly defrauding
taxpayers.

In the name of the city's taxpayers, Laval resident
Alexandre Lorrain filed for authorization on Nov. 15 to launch a
class-action suit at the Laval courthouse.  The suit seeks at
least C$23 million in punitive damages, plus between 20 and 30 per
cent of (the total cost of) all contracts issued by the city over
a 10-year-period, representing potentially tens of millions of
dollars.

The lawsuit names former mayor Gilles Vaillancourt, former general
manager Claude Asselin, and former engineering department director
Claude De Guise.  All three were arrested in May on charges of
gangsterism, fraud and corruption.

Four engineering firms are also named in the action: Cima+
S.E.N.C., Genivar Inc., Dessau Inc., and Consultants Aecom Inc.

The suit would seek C$2 million from Vaillancourt, C$5 million
from each of the engineering firms, and C$500,000 each from
Messrs. De Guise and Asselin.  The suit also claims 20 and 30 per
cent of the cost of each of the contracts issued to engineering
firms over a period of about 10 years.

The motion said testimony at the Charbonneau Commission
investigating corruption in municipal politics has heard that
contracts in Laval were artificially inflated by 20 to 30 per cent
over the years because the people named in the suit allegedly
operated like a cartel to control prices for contracts.

When contacted on Nov. 21, Mr. Lorrain declined to comment and
referred all questions to David Bourgoin, the lawyer handling the
case.

"Mr. Lorrain is one of several taxpayers who have been outraged
about this," Mr. Bourgoin said.

Mr. Bourgoin said the C$23 million claimed in punitive damages is
the smaller part of the total amount claimed.  He estimates the
inflated contract costs amount to tens of millions of dollars.

As is the law in Quebec, class-action lawsuits have an automatic
opt-in clause.  That means residents don't have to do anything to
become part of the suit, they must instead opt-out if they don't
want to be part of it.

Mr. Bourgoin explained, however, that tracking down all the
residents and figuring out how to divide the amount would be a
difficult task, so if the suit is successful, the money would be
set aside to benefit the general public.

Mr. Bourgoin is no stranger to class-action suits.  He launched a
similar suit in Montreal last April, claiming C$38 million in
punitive damages from engineering firms, and 20 per cent of all
contracts awarded to them because those contracts were
artificially inflated.  That request is expected to be heard in
March.  In the past, Mr. Bourgoin successfully sued the
maintenance workers union of the Societe de transport de Montreal
for inconveniences caused to users during the 2003 transit strike.
As a result, Transit users received a C$2 rebate on their monthly
passes in the fall of 2006.  Mr. Bourgoin is also in the process
of suing Air Canada for charging obese or disabled passengers for
extra seats.

This could be the first of several suits launched against Laval's
old guard.  Upon being elected to office this month, Laval Mayor
Marc Demers said the city will hire lawyers to go after those who
have defrauded the city's taxpayers.


LES SALAISONS: Recalls Smoked Meat Due to Listeria
--------------------------------------------------
Starting date:            November 15, 2013
Type of communication:    Recall
Alert sub-type:           Updated Food Recall Warning
Subcategory:              Microbiological - Listeria
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Les Salaisons Desco Inc.
Distribution:             Ontario, Nova Scotia, Quebec, Possibly
                          National
Extent of the product
distribution:             Retail
CFIA reference number:    8419

Affected products:

500 g (4 x 125 g) Schwartz's At Home Smoked Meat with UPC 6 27533
96123 5 and 2013DE13 code

The Food Recall Warning issued on November 13, 2013 has been
updated to include additional distribution information.  This
additional information was identified during the Canadian Food
Inspection Agency's (CFIA) food safety investigation.

Les Salaisons Desco Inc. is recalling Schwartz's At Home brand
Smoked Meat from the marketplace due to possible Listeria
monocytogenes contamination.  Consumers should not consume the
recalled product described below.

The following product has been sold in Ontario, Quebec and Nova
Scotia, but may also have been sold in other provinces.

Check to see if you have the recalled product in your home.
Recalled product should be thrown out or returned to the store
where it was purchased.

Food contaminated with Listeria monocytogenes may not look or
smell spoiled but can still make you sick.  Symptoms can include
vomiting, nausea, persistent fever, muscle aches, severe headache
and neck stiffness.  Pregnant women, the elderly and people with
weakened immune systems are particularly at risk.  Although
infected pregnant women may experience only mild, flu-like
symptoms, the infection can lead to premature delivery, infection
of the newborn or even stillbirth.  In severe cases of illness,
people may die.


LESSORS INC: Systematically Fails to Pay Overtime, Suit Claims
--------------------------------------------------------------
Luis Felix, Donald Knutson, and Juan Vazquez-Perez, individually
and on behalf of all other similarly situated individuals and the
Proposed Minnesota Rule 23 Class v. Lessors, Inc., Case No. 0:13-
cv-02854-DWF-JJG (D. Minn., October 16, 2013) is a wage and hour
class and collective action against Lessors, Inc. for repeatedly,
systematically, and purposefully not paying overtime compensation
to hourly employees, who are not engaged in activities affecting
the safety of vehicles traveling in interstate commerce.

Lessors, Inc., is a privately held domestic corporation with its
registered and principal place of business in Eagan, Minnesota.
Lessors has been in the common carrier and specialized trucking
and shipping businesses since 1983, hauling products and materials
to consumers, retailers, wholesalers, manufacturers, and
distributors throughout the continental United States.  Lessors
also has three full service terminals in Eagan, Minnesota; Dover,
Florida; and Caldwell, Idaho.

The Plaintiffs are represented by:

          J. Ashwin Madia, Esq.
          Joshua A. Newville, Esq.
          MADIA LAW LLC
          345 Union Plaza
          333 Washington Avenue North
          Minneapolis, MN 55401
          Telephone: (612) 349-2723
          Facsimile: (612) 235-3357
          E-mail: jamadia@madialaw.com
                  joshuanewville@madialaw.com

The Defendant is represented by:

          George E. Antrim, III, Esq.
          GEORGE E ANTRIM, III, PLLC
          201 Ridgewood Ave.
          Minneapolis, MN 55403
          Telephone: (612) 872-1313
          Facsimile: (612) 870-0689
          E-mail: gea@antrimveritas.com


LIGHTINTHEBOX HOLDING: Faces "Sabile" Securities Suit in New York
-----------------------------------------------------------------
Fernando M. Sabile, Individually and on Behalf of All Others
Similarly Situated v. LightInThebox Holding Co., Ltd., Quji (Alan)
Guo and Xheng (Richard) Hue, Case No. 1:13-cv-07310-PKC (S.D.N.Y.,
October 16, 2013) is a securities class action lawsuit brought on
behalf of all purchasers of the American Depository Shares of the
Company between its June 6, 2013 initial public stock offering and
August 19, 2013, inclusive.

LightInThebox was organized in Cayman Islands and is headquartered
in Beijing, China.  The Company is a global online retail company
that sells directly to consumers via the Internet.  The Company
offers products in three core categories: apparel, small
accessories and gadgets, home and garden.  The Individual
Defendants are officers of the Company.

The Plaintiff is represented by:

          Jeremy Alan Lieberman, Esq.
          Lesley Frank Portnoy, Esq.
          POMERANTZ GROSSMAN HUFFORD DAHLSTROM & GROSS LLP
          600 Third Avenue, 20th Floor
          New York, NY 10016
          Telephone: (212) 661-1100
          Facsimile: (212) 661-8665
          E-mail: jalieberman@pomlaw.com
                  lfportnoy@pomlaw.com

               - and -

          Patrick V. Dahlstrom, Esq.
          POMERANTZ GROSSMAN HUFFORD DAHLSTROM & GROSS LLP
          10 South La Salle Street, Suite 3505
          Chicago, IL 60603
          Telephone: (312) 377-1181
          Facsimile: (312) 377-1184
          E-mail: pdahlstrom@pomlaw.com

The Defendants are represented by:

          Stephen Douglas Bunch, Esq.
          Cohen Milstein Sellers & Toll PLLC (DC)
          1100 New York Avenue, N.W.
          Suite 500, West Tower
          Washington, DC 20005
          Telephone: (202) 408-4600
          Facsimile: (202) 408-4699
          E-mail: dbunch@cohenmilstein.com


LOBLAW COMPANIES: Recalls Suraj Garlic Powder Due to Salmonella
---------------------------------------------------------------
Starting date:            November 19, 2013
Type of communication:    Recall
Alert sub-type:           Food Recall Warning
Subcategory:              Microbiological - Salmonella
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Loblaw Companies Limited
Distribution:             National
Extent of the product
distribution:             Retail

Affected products: 400 g. Suraj Garlic Powder with UPC 0 57197
37238 0

Loblaw Companies Limited is recalling Suraj brand Garlic Powder
from the marketplace due to possible Salmonella contamination.
Consumers should not consume the recalled product described below.

Check to see if you have recalled product in your home.  Recalled
product should be thrown out or returned to the store where it was
purchased.

Food contaminated with Salmonella may not look or smell spoiled
but can still make you sick.  Young children, pregnant women, the
elderly and people with weakened immune systems may contract
serious and sometimes deadly infections.  Healthy people may
experience short-term symptoms such as fever, headache, vomiting,
nausea, abdominal cramps and diarrhea. Long-term complications may
include severe arthritis.


LOBLAW COMPANIES: Recalls Joe Fresh Toddler Boots
-------------------------------------------------
Starting date:            November 20, 2013
Posting date:             November 20, 2013
Type of communication:    Consumer Product Recall
Subcategory:              Children's Products
Source of recall:         Health Canada
Issue:                    Physical Hazard
Audience:                 General Public
Identification number:    RA-36813

Affected products: Joes Fresh Boys and Girls Toddler Boots (sizes
6-10)

The recall involves Joe Fresh toddler boys casual boots (style
number TBW3FW8980) and Joe Fresh toddler girls riding boots (style
number TGF3FW8964), sizes 6 to 10 in Brown and Black.

Boys and Girls Toddler Boots affected by the recall:

   Product                  Size        Style Number      UPC
   -------                  ----        ------------      ----
Toddler Boys          Sizes 6 to 10     TBW3FW8980   057846696461
Casual Boot - Brown                                  057846696478
                                                     057846696485
                                                     057846696492
                                                     057846696508

Toddler Boys          Sizes 6 to 10     TBW3FW8980   057846696416
Casual Boot - Black                                  057846696423
(sizes 6 to 10)                                      057846696430
                                                     057846696447
                                                     057846696454

Toddler Girls         Sizes 6 to 10     TGF3FW8964   057846672762
Riding Boot - Brown                                  057846672779
(sizes 6 to 10)                                      057846672786
                                                     057846672793
                                                     057846672809

Toddler Girls         Sizes 6 to 10     TGF3FW8964   057846672816
Riding Boot - Black                                  057846672823
(sizes 6 to 10)                                      057846672830
                                                     057846672847
                                                     057846672854

The boots may have a staple protruding into the inside sole of the
boot, posing a risk of injury.

Loblaw Company Ltd. has received one incident with no reported
injury in Canada.

Health Canada has not received any reports of incidents or
injuries relating to wearing the boots.

Approximately 6,800 of the recalled boots have been sold at Loblaw
banner stores across Canada.

The recalled boots were manufactured in China and sold from
September 2013 to October 2013 in Canada.

Companies:

   Distributor     Loblaw Company Ltd.
                   Brampton
                   Ontario
                   Canada

Consumers should immediately stop using the recalled boots and
return the product to any Loblaw banner store where Joe Fresh
apparel is sold.


MAJOR LEAGUE: Henry May Need to Testify in Blackout Policy Suit
---------------------------------------------------------------
Edward Mason, writing for Boston Daily, reports that The Red Sox
winning the World Series wasn't the only drama unfolding at Fenway
Park this fall: Owner John Henry has been fighting to avoid
testifying in a high-stakes class-action lawsuit against his
fellow baseball owners.

The suit takes aim at Major League Baseball's decades-old blackout
policy, which requires fans living in cities without a team to buy
a pricey MLB-owned game bundle to watch their home team play ball.
But there may be something else at play, according to
Roger Abrams, a onetime Major League Baseball salary arbitrator
and now a Northeastern University Law professor.  Mr. Abrams
believes Mr. Henry may be targeted to testify in a deposition to
reveal closely guarded financials to show the sport's anti-trust
exemption is bad for consumers.

"It might be a Trojan horse," Mr. Abrams said.  "Baseball's
management, or baseball central, or any of the 30 clubs like to
keep their books private, and maybe that's why they're resisting
[the subpoena].  The deposition might reveal the real profit and
loss statements baseball doesn't like to reveal."

Red Sox spokeswoman Zineb Curran declined comment.

Mr. Henry was served with a nine-page subpoena at Fenway Park on
September 30, just as the Sox prepared for their playoff run.
Mr. Henry was expected to turn over nearly seven years of files
containing detailed financial analyses of the Red Sox, New England
Sports Network, and MLB operations.

On October 14, a day after the Sox evened their series against the
Tigers, Mr. Henry's lawyers fired off an angry letter protesting
the "breathtaking scope" of the request after MLB and some 23
defendants had already turned over more than 300,000 documents.
They denounced the subpoena as "an unwarranted fishing expedition
into his files and viewpoints."  On November 4, they filed a
motion in federal court in Boston that put the brakes on the next
morning's testimony.

Edward Diver, an attorney with Langer, Grogan & Diver PC, the
Philadelphia law firm driving the class action, declined to
comment.

However, in a November 8 court filing, Mr. Diver and his
colleagues said the fishing expedition claim "rings hollow."  They
added that, as principal owner of the Sox, Mr. Henry is a baseball
bigwig who holds leadership posts throughout the sport, and he has
an ownership stake in a broadcaster whose rights "lie at the
center of the litigation."  Mr. Henry sits on the executive
council of defendants Major League Baseball and the board of MLB
Advanced Media LP.

The May 2012 suit names the Red Sox and NESN as "co-conspirators,"
although they're not defendants.  It alleges MLB and the TV
providers violated the federal Sherman Anti-Trust Act by entering
into "agreements to eliminate competition in the distribution of
games over the Internet and television," according to court
documents.  They did this by "agreeing to divide the live-game
video presentation market into exclusive territories, which are
protected by anticompetitive blackouts."

According to court records, MLB carves up parts of the country
without home teams and then assigns teams to those territories.
The league then blacks-out a fan's ability to watch those teams'
games unless they subscribe to Internet-only or TV services, the
suit alleges.  In 2011, a premium subscription to MLB.TV, the
internet product, cost $119, according to the complaint against
MLB.

In Las Vegas, for example, six ball clubs call the city home
because there is no Major League team based there.  A Las Vegas
resident suing is a New York Mets fan and can only get Mets games
by purchasing the cable product MLB Extra Innings -- you have to
purchase the entire slate of major league games -- for $200.

Confused? You're in good company.  Commissioner Bud Selig, who
once said he backs changing the blackout policy, doesn't get it,
either:

"I don't understand (blackouts) myself," Mr. Selig said at a
luncheon with the Baseball Writers Association of America.  "I get
blacked out from some games."

Andrew Zimbalist, a Smith College sports economist, said the
consumers filing the suit "have a tall mountain to climb."  Any
attack on MLB's anti-trust exemption is likely to wind up before
the U.S. Supreme Court.  Also, he said it's worth noting other
leagues have similar policies, an argument that has to be overcome
in court.

The plaintiffs argue prices would fall if teams could package and
sell the broadcast of their games a-la-carte.  For instance, the
Red Sox would market their ball games anywhere in the country, say
in New York against the Yankees and Mets -- something they can't
do now.

But there would be consequences, Zimbalist said.  Let's say NESN
is $4 on top of your cable bill, or $48 a year.  That's $48 that
would go straight to the Red Sox, not the current 1/30 split of
the MLB.TV revenue with the other teams. If every team got to keep
its TV revenue, that would prompt revenue sharing.  The Red Sox,
which Forbes pegs as the third most valuable team in baseball,
might not want to give up that advantage, he said.

But the clock is ticking.  The court set a November 29 discovery
deadline for both sides to dig up evidence for trial.


MIDEA INTERNATIONAL: Recalls Garrison 1500W Oil-Filled Heaters
--------------------------------------------------------------
Starting date:            November 19, 2013
Posting date:             November 19, 2013
Type of communication:    Consumer Product Recall
Subcategory:              Appliances
Source of recall:         Health Canada
Issue:                    Fire Hazard
Audience:                 General Public
Identification number:    RA-36781

Affected products: Garrison 1500W Oil-Filled Heaters

The recall involves Garrison 1500W oil-filled heaters.  The
recalled units can be identified by a silver label attached to the
underside of the unit bearing the model number and a manufacturing
date code.  The recall is limited to units with model number
043-5863-4 and a date code starting with the digits "10", "11", or
"2012".

Units with a date code starting with "2013" are not subject to
this recall.

Midea has identified that some units may overheat and burn the
comfort switch located inside the metal cage, posing a fire
hazard.  There have been no reported injuries.

Health Canada has no reports of incidents or injuries to Canadians
related to the use of these oil heaters.

Approximately 110,000 units of the recalled oil heaters were sold
exclusively at Canadian Tire stores across Canada.

The recalled oil heaters were manufactured in China and sold
between September 1, 2010 and September 1, 2013 and any units sold
after September 1, 2013 are not subject to the recall.

Companies:

   Manufacturer     Midea International
                    Guangdong
                    China

Customers should stop using the affected unit immediately and
return it to their local Canadian Tire store for an exchange or
refund.


MIRACO EURO: Recalls Eurocrem Spread Due to Undeclared Almonds
--------------------------------------------------------------
Starting date:            November 18, 2013
Type of communication:    Recall
Alert sub-type:           Allergy Alert
Subcategory:              Allergen - Tree Nut
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Miraco Euro Food Ltd.
Distribution:             Alberta, British Columbia
Extent of the product
distribution:             Retail
CFIA reference number:    8469

Affected products: 1000 g. Takovo Eurocrem Spread with code
number UPOTREBLJIVODO


NEWFOUNDLAND, CANADA: Premier Gets Subpoena in Moose Class Action
-----------------------------------------------------------------
The Telegram reports that the lawyer for people included in a
moose class action case against the provincial government says he
has issued a subpoena to Premier Kathy Dunderdale to appear as a
witness in the trial of the class action.

The trial is set to start Jan. 13

Ches Crosbie says a proposal to mediate the case was made to the
provincial government several months ago, and lawyers even agreed
on the identity of a mediator.  However, government has made no
answer to the mediation proposal.

"With weeks to go until trial, I have to conclude that they want
to fight, not talk," Mr. Crosbie said in a news release.

"This is tragic for all concerned, because they have a lot to talk
about, and everyone could have benefitted."

Mr. Crosbie said he has placed Ms. Dunderdale under subpoena
because government's main defense is based on the claim that all
decision making about moose vehicle collisions was a matter of
core government policy.

In the absence of any expert witnesses on the government side, he
said, the premier will be asked to explain how core government
policy can be made without evidence of decisions taken at a
cabinet or even ministerial level.

Moose Class Action plaintiffs want compensation for injuries
caused by moose-vehicle collisions starting Jan. 5, 2001.  They
also want fences erected in problem highway areas and a reduction
of the moose population in high risk areas, with a goal of
reducing injuries by 50 per cent within five years.


NISSAN MOTOR: Judge Objects to Electric Car Class Action Deal
-------------------------------------------------------------
Debra Cassens Weiss, writing for ABA Journal, reports that
Alex Kozinski, the chief judge of the San Francisco-based 9th U.S.
Circuit Court of Appeals, isn't mincing words in his role as an
objector to a proposed settlement in a class action alleging
defects in batteries for the Nissan Leaf, an all-electric car.

Mr. Kozinski and his wife, Marcy Tiffany, filed a "scathing
objection" to the settlement, and Mr. Kozinski spoke against the
deal in a hearing before a California federal judge on Nov. 18,
the Daily Journal (sub. req.) reports in stories published on Nov.
19 and Nov. 20.  Mr. Kozinski and Ms. Tiffany own a 2011 Nissan
Leaf and they aren't happy with their battery or the plaintiffs'
counsel in the litigation.

The proposed settlement would expand the warranty for Leaf owners,
award $5,000 to the two named plaintiffs and pay the lawyers $1.9
million, the Daily Journal reports.  The company's lawyers say the
new warranty is an outstanding result.  But Mr. Kozinski and
Ms. Tiffany don't think so.

"The proposed settlement is a sham, benefiting only class counsel,
named plaintiffs and Nissan," the objection said.  "Class members
are getting absolutely nothing of value, while having their rights
abrogated."  On Nov. 5, Mr. Kozinski and his wife filed an
amendment to "withdraw any suggestion that Plaintiffs' Counsel
acted unethically in the conduct of this litigation."  Yet the
couple continued their hard-hitting criticism in a Nov. 10 court
document.

"The motion seeking approval of the settlement makes explicit what
could only be inferred before: Plaintiffs' counsel negotiated a
settlement in the case 'prior to production of any discovery' by
Nissan," Mr. Kozinski and Ms. Tiffany wrote.

"That's right, plaintiffs' counsel sat down to the negotiating
table and cut a deal, without knowing a single thing about what
cards their opponents held.  For all counsel knew -- for all they
know even today -- there are memoranda and reports in Nissan's
internal files disclosing that the LEAF's Lithium-Ion battery
suffers from a variety of defects, and that Nissan nevertheless
decided to go to market with it.  If the case settles, these
documents may never come to light."

The objection does acknowledge there was "confirmatory discovery"
after the deal was reached, but says it was "plainly inadequate."
By the time plaintiffs' counsel were reviewing the documents,
Mr. Kozinski and Ms. Tiffany wrote, the lawyers "no longer had an
incentive to look for evidence establishing liability; their
incentive was to get the settlement finalized so they could cash
in their bounty.  Finding a smoking gun was the last thing counsel
wanted, as it could call into question their judgment in having
settled the case without having conducted discovery."

Mr. Kozinski and Ms. Tiffany bought their electric car in 2011 and
were unable to make the 80 mile trip home before the battery was
drained, the Daily Journal says, citing court papers filed by the
couple.  They had to recharge the Leaf at a dealership 15 miles
short of their home, though Nissan had advertised the battery
could last 100 miles.  Mr. Kozinski and Ms. Tiffany say the
salesperson did warn them about the battery -- but not until after
they signed the documents to buy the car.


ORANGE CTY, CA: Gang Injunction Violated Rights, 9th Cir. Rules
---------------------------------------------------------------
Tim Hull, writing for Courthouse News Service, reports that the
Orange County District Attorney's strategy of fighting gang
activity with public-nuisance injunctions violated due-process
rights, the 9th Circuit ruled Tuesday, November 05, 2013.

Seeking a sweeping injunction against the Orange Varrio Cypress
(OVC) criminal street gang in 2009, the county attorney brought an
action in state court against 115 named alleged members,
associates and employees of the gang, including 32 minors.

Among other behavior such as wearing the color orange and making
certain hand gestures, the injunction prohibited the defendants
from associating with other suspected gang members, even family
members, within an approximately 4 square-mile "safety zone" in
Orange, a city about 38 miles southeast of Los Angeles in Orange
County.

Orange County later dismissed 62 of the defendants from the case,
including all of the juveniles and each of the 32 individuals that
had filed answers.  The county admitted that it had dismissed some
defendants because of their "aggressive effort" to defend
themselves, the ruling states.

The Superior Court eventually issued a broad, permanent injunction
against the gang and the remaining named defendants, as well as
unnamed "members" of the gang.  While disseminating the order in
later 2009, the Orange Police Department served at least 48 of the
defendants that the county had voluntarily dismissed.

Some of those caught up in the injunction filed a federal class
action alleging that the county's "dismiss-and-serve" scheme had
deprived them of a fair hearing as to whether they were indeed
associated in any way with the gang.

After an 11-day bench trial in Santa Ana, U.S. District Judge
Valerie Baker Fairbank ruled that for the plaintiffs, and the 9th
Circuit affirmed unanimously on Tuesday, November 5, 2013.

The three-judge appeals panel was quick to point out that the
ruling had nothing to do with the "substantive terms of this or
any other anti-gang injunction," while finding that the breadth of
the present one demanded that those subjected to it be granted a
hearing.

"OPD and OCDA's policy gave plaintiffs a choice between refraining
from a wide variety of otherwise lawful, constitutionally
protected activities, or going to jail, quite possibly for some
time," Judge Marsha Berzon wrote for the panel.

In addition to the "unusually strong liberty interests" that the
injunction called into question, expert testimony at trial
suggested that it is difficult to get a handle on who is and who
is not a member of a particular street gang, the ruling states.

One of the experts also said that the OVC was "one of the less
cohesive gangs" he had ever encountered.

"There was ample testimony before the district court that some of
the evidence of gang membership submitted to the district court
was of questionable reliability," Berzon wrote.  "By dismissing
them from the state court proceedings, OCDA deprived the
plaintiffs of an opportunity to take discovery from OCDA and the
OPD officers who had submitted declarations in support of a
permanent injunction against individual plaintiffs."

Adding that "some adequate process to determine membership in the
covered class is constitutionally required," Berzon pointed out
that, "had Orange not dismissed the plaintiffs from the state
court lawsuit, that process would have been provided."

The panel reversed the lower court's ruling in one respect,
dismissing Orange County District Attorney Tony Rackauckas from
the plaintiff's state-level claims in his official capacity.

His office did not immediately return a request for comment.

The Plaintiffs-Appellees are represented by:

          Peter Bibring, Esq.
          ACLU OF SOUTHERN CALIFORNIA
          140 S. Lake Avenue
          Pasadena, CA 81101
          Telephone: (213) 977-5295

               - and -

          Belinda Escobosa Helzer, Esq.
          Hector Oscar Villagra, Esq.
          ACLU FOUNDATION OF SOUTHERN CALIFORNIA
          2140 W. Chapman Ave.
          Orange, CA 92868
          Telephone: (714) 450-3962

               - and -

          Mark D. Rosenbaum, Esq.
          ACLU FOUNDATION OF SOUTHERN CALIFORNIA
          1313 W. Eighth Street
          Los Angeles, CA 90017
          Telephone: (213) 977-5224

               - and -

          Jacob Kreilkamp, Esq.
          Laura Danielle Smolowe, Esq.
          Marina A. Torres, Esq.
          Joseph John Ybarra, Esq.
          MUNGER, TOLLES & OLSON LLP
          355 South Grand Avenue, 35th Floor
          Los Angeles, CA 90071-1560
          Telephone: (213) 683-9260
          E-mail: Jacob.Kreilkamp@mto.com
                  Laura.Smolowe@mto.com
                  Joseph.Ybarra@mto.com

               - and -

          Sarala Vidya Nagala, Esq.
          MUNGER TOLLES & OLSON LLP
          560 Mission Street, 27th Floor
          San Francisco, CA 94105
          Telephone: (415) 512-4045

The Defendants-Appellants are represented by:

          Norman J. Watkins, Esq.
          Melissa Dawn Culp, Esq.
          S. Frank Harrell, Esq.
          LYNBERG & WATKINS
          1100 West Town & Country Road
          Orange, CA 92868-5915
          Telephone: (714) 937-1010
          E-mail: nwatkins@lynberg.com
                  mculp@lynberg.com
                  sharrell@lynberg.com

               - and -

          Wayne W. Winthers, Esq.
          Senior Assistant City Attorney
          CITY OF ORANGE CITY ATTORNEY'S OFFICE
          300 East Chapman Avenue
          Orange, CA 92866
          Telephone: (714) 744-5580

The appellate case is Manuel Vasquez, et al. v. Tony Rackaukas, et
al., Case No. 11-55795, in the United States Court of Appeals for
the Ninth Circuit.  The original case is Manuel Vasquez, et al. v.
Tony Rackaukas, et al., Case No. 8:09-cv-01090-VBF-RNB, in the
U.S. District Court for the Central District of California, Santa
Ana.


OSP HOSPITALITY: Fails to Pay Employees Minimum Wages, Suit Says
----------------------------------------------------------------
Dhiren Shah, on behalf of himself and others similarly situated v.
OSP Hospitality Group LLC, Jai Umiyamata, LLC, and Nikhil Vyas,
Case No. 4:13-cv-03057 (S.D. Tex., October 16, 2013) alleges that
the Defendants failed to pay minimum wage and overtime
compensation to their employees.

Mr. Shah contends that he and his fellow co-workers were paid a
salary so low it did not cover the minimum wage required by the
Fair Labor Standards Act.  He adds that they were not paid
overtime wages.

OSP is a Texas corporation headquartered in Houston.  JUM is also
a Texas corporation headquartered in Houston.  Nikhil Vyas is OSP
and JUM's owner and president.  The Defendants managed Americas
Best Value Inn and Travelodge at 8800 Airport Boulevard, in
Houston, Texas.

The Plaintiff is represented by:

          David I. Moulton, Esq.
          BRUCKNER BURCH PLLC
          8 Greenway Plaza, Suite 1500
          Houston, TX 77046
          Telephone: (713) 877-8788
          Facsimile: (713) 877-8065
          E-mail: dmoulton@brucknerburch.com


PANASONIC CORP: Allowed to Join $26-Mil. Hitachi-LG Settlement
--------------------------------------------------------------
Courthouse News Service reports that Panasonic Corporation and
Panasonic Corporation of North America can join the $26 million
settlement Hitachi-LG Data Storage reached in a class action over
optical disk drive price-fixing, a federal judge ruled.

The Plaintiffs are represented by:

          Dianne M. Nast, Esq.
          NASTLAW LLC
          1101 Market Street, Suite 2801
          Philadelphia, PA 19107
          Telephone: (215) 923-9300
          Facsimile: (215) 923-9302
          E-mail: dnast@nastlaw.com

               - and -

          Christopher T. Heffelfinger, Esq.
          Daniel Bushell, Esq.
          Marc Jeffrey Greenspon, Esq.
          BERMAN DEVALERIO
          3507 Kyoto Gardens Drive, Suite 200
          Palm Beach Gardens, FL 33410
          Telephone: (415) 433-3200
          Facsimile: (415) 433-6382
          E-mail: cheffelfinger@bermandevalerio.com
                  mgreenspon@bermandevalerio.com

               - and -

          Joseph J. Tabacco, Jr., Esq.
          Matthew W. Ruan, Esq.
          Todd Anthony Seaver, Esq.
          BERMAN DEVALERIO
          One California Street, Suite 900
          San Francisco, CA 94111
          Telephone: (415) 433-3200
          Facsimile: (415) 433-6382
          E-mail: jtabacco@bermandevalerio.com
                  mruan@bermandevalerio.com
                  tseaver@bermandevalerio.com

               - and -

          Joseph R. Saveri, Esq.
          JOSEPH SAVERI LAW FIRM, INC.
          505 Montgomery Street, Suite 625
          San Francisco, CA 94111
          Telephone: (415) 500-6800
          Facsimile: (415) 395-9940
          E-mail: jsaveri@saverilawfirm.com

               - and -

          Cadio R. Zirpoli, Esq.
          Guido Saveri, Esq.
          Richard Alexander Saveri, Esq.
          SAVERI & SAVERI, INC.
          706 Sansome Street
          San Francisco, CA 94111
          Telephone: (415) 217-6810
          Facsimile: (415) 217-6813
          E-mail: zirpoli@saveri.com
                  guido@saveri.com
                  rick@saveri.com

               - and -

          Kevin Bruce Love, Esq.
          Michael E. Criden, Esq.
          HANZMAN CRIDEN & LOVE, P.A.
          7301 SW 57th Court, Suite 515
          South Miami, FL 33143
          Telephone: (305) 357-9000
          E-mail: klove@cridenlove.com
                  meriden@cridenlove.com

               - and -

          Laurence D. King, Esq.
          Linda M. Fong, Esq.
          KAPLAN FOX & KILSHEIMER LLP
          350 Sansome Street, Suite 400
          San Francisco, CA 94104
          Telephone: (415) 772-4700
          E-mail: lking@kaplanfox.com
                  lfong@kaplanfox.com

               - and -

          Robert N. Kaplan, Esq.
          KAPLAN FOX & KILSHEIMER LLP
          850 Third Avenue, 14th Floor
          New York, NY 10022
          Telephone: (212) 687-1980
          E-mail: rkaplan@kaplanfox.com

               - and -

          Steven Noel Williams, Esq.
          Aron K. Liang, Esq.
          Gene Woo Kim, Esq.
          Joseph W. Cotchett, Esq.
          COTCHETT PITRE & MCCARTHY LLP
          840 Malcolm Road, Suite 200
          Burlingame, CA 94010
          Telephone: (650) 697-6000
          Facsimile: (650) 697-0577
          E-mail: swilliams@cpmlegal.com
                  aliang@cpmlegal.com
                  gkim@cpmlegal.com
                  jcotchett@cpmlegal.com

               - and -

          Jonathan Whitcomb, Esq.
          SISERIO MARTIN O'CONNOR & CASTIGLIONI LLP
          One Atlantic Street
          Stamford, CT 06901
          Telephone: (203) 358-0800
          E-mail: JWhitcomb@dmoc.com

               - and -

          Sarah Robin London, Esq.
          Brendan Patrick Glackin, Esq.
          Eric B. Fastiff, Esq.
          LIEFF CABRASER HEIMANN & BERNSTEIN LLP
          275 Battery Street, 29th Floor
          San Francisco, Ca 94111
          Telephone: (415) 956-1000
          Facsimile: (415) 956-1008
          E-mail: slondon@lchb.com
                  bglackin@lchb.com
                  efastiff@lchb.com

               - and -

          Rosemary M. Rivas, Esq.
          FINKELSTEIN THOMPSON LLP
          505 Montgomery St., Suite 300
          San Francisco, CA 94111
          Telephone: (415) 398-8700
          Facsimile: (415) 398-8704
          E-mail: rrivas@finkelsteinthompson.com

               - and -

          Adam John Zapala, Esq.
          DAVIS COWELL & BOWE LLP
          595 Market Street, Suite 1400
          San Francisco, CA 94105
          Telephone: (415) 597-7200
          Facsimile: (415) 597-7201
          E-mail: azapala@cpmlegal.com

               - and -

          Joseph M. Alioto, Sr., Esq.
          Theresa Driscoll Moore, Esq.
          ALIOTO LAW FIRM
          One Sansome Street, 35th Floor
          San Francisco, CA 94104
          Telephone: (415) 434-8900
          Facsimile: (415) 434-9200
          E-mail: jmalioto@aliotolaw.com
                  TMoore@aliotolaw.com

               - and -

          Niki B. Okcu, Esq.
          AT&T SERVICES, INC. LEGAL DEPT.
          525 Market Street, 20th Floor
          San Francisco, CA 94105
          Telephone: (415) 778-1480
          Facsimile: (650) 882-4458
          E-mail: Niki.Okcu@att.com

               - and -

          Lee Albert, Esq.
          GLANCY BINKOW & GOLDBERG LLP
          122 East 42nd Street, Suite 2920
          New York, NY 10168
          Telephone: (212) 682-5340
          Facsimile: (212) 884-0988
          E-mail: lalbert@glancylaw.com

               - and -

          Michael M. Goldberg, Esq.
          GLANCY BINKOW & GOLDBERG LLP
          1925 Century Park East, Suite 2100
          Los Angeles, CA 90067
          Telephone: (310) 201-9150
          Facsimile: (310) 201-9160
          E-mail: mmgoldberg@glancylaw.com

               - and -

          Susan Gilah Kupfer, Esq.
          GLANCY BINKOW & GOLDBERG LLP
          One Embarcadero Center, Suite 760
          San Francisco, CA 94111
          Telephone: (415) 972-8160
          Facsimile: (415) 972-8166
          E-mail: skupfer@glancylaw.com

               - and -

          Sylvia M. Sokol, Esq.
          CONSTANTINE CANNON LLP
          335 Madison Avenue
          New York, NY 10017
          Telephone: (212) 350-2700
          Facsimile: (212) 350-2701
          E-mail: ssokol@constantinecannon.com

               - and -

          Elizabeth Cheryl Pritzker, Esq.
          PRITZKER LAW
          633 Battery Street, Suite 110
          San Francisco, CA 94111
          Telephone: (415) 692-0772
          Facsimile: (415) 366-6110
          E-mail: ecp@pritzker-law.com

               - and -

          Arthur Nash Bailey, Jr., Esq.
          Christopher L. Lebsock, Esq.
          Michael Paul Lehmann, Esq.
          Christopher L. Lebsock, Esq.
          HAUSFELD LLP
          44 Montgomery, Suite 3400
          San Francisco, CA 94104
          Telephone: (415) 633-1908
          Facsimile: (415) 358-4980
          E-mail: abailey@hausfeldllp.com
                  clebsock@hausfeldllp.com
                  mlehmann@hausfeldllp.com
                  clebsock@hausfeldllp.com

               - and -

          Michael D. Hausfeld, Esq.
          HAUSFELD LLP
          1700 K Street NW, Suite 650
          Washington, DC 20006
          Telephone: (202) 540-7200
          Facsimile: (202) 540-7201
          E-mail: mhausfeld@hausfeldllp.com

               - and -

          Eugene A. Spector, Esq.
          Jeffrey Lawrence Spector, Esq.
          William G. Caldes, Esq.
          SPECTOR ROSEMAN KODROFF & WILLIS, PC
          1818 Market Street, 25th Floor
          Philadelphia, PA 19103
          Telephone: (215) 496-0300
          E-mail: espector@srkw-law.com
                  jspector@srkw-law.com
                  bcaldes@srkw-law.com

               - and -

          Robert G. Eisler, Esq.
          GRANT & EISENHOFER P.A.
          123 Justison Street
          Wilmington, DE 19801
          Telephone: (302) 622-7000
          Facsimile: (302) 622-7100
          E-mail: reisler@gelaw.com

               - and -

          Adam J. Levitt, Esq.
          GRANT & EISENHOFER P.A.
          30 North LaSalle Street, Suite 1200
          Chicago, IL 60602
          Telephone: (312) 214-0000
          Facsimile: (312) 214-0001
          E-mail: alevitt@gelaw.com

               - and -

          Lawrence Walner, Esq.
          THE WALNER LAW FIRM, LLC
          20 North Clark Street, Suite 2450
          Chicago, IL 60602
          Telephone: (312) 201-1616
          Facsimile: (312) 201-1538
          E-mail: walner@walnerlawfirm.com

               - and -

          Aaron M. Sheanin, Esq.
          Bruce Lee Simon, Esq.
          PEARSON, SIMON & WARSHAW, LLP
          44 Montgomery Street, Suite 2450
          San Francisco, CA 94104
          Telephone: (415) 433-9000
          Facsimile: (415) 433-9008
          E-mail: asheanin@pswlaw.com
                  bsimon@pswlaw.com

               - and -

          Elizabeth R. Odette, Esq.
          W. Joseph Bruckner, Esq.
          LOCKRIDGE GRINDAL NAUEN P.L.L.P.
          100 Washington Avenue South
          Minneapolis, MN 55401
          Telephone: (612) 339-6900
          Facsimile: (612) 339-0981
          E-mail: erodette@locklaw.com
                  wjbruckner@locklaw.com

               - and -

          Clinton Paul Walker, Esq.
          DAMRELL NELSON SCHRIMP PALLIOS PACHE
          1601 I Street, 5th Floor
          Modesto, CA 95354
          Telephone: (209) 526-3500
          E-mail: cwalker@damrell.com

               - and -

          David Paul Germaine, Esq.
          John Paul Bjork, Esq.
          Joseph M. Vanek, Esq.
          VANEK VICKERS & MASINI PC
          55 West Monroe Street, Suite 3500
          Chicago, IL 60603
          Telephone: (312) 224-1505
          Facsimile: (312) 224-1510
          E-mail: dgermaine@vaneklaw.com
                  jbjork@vaneklaw.com
                  jvanek@vaneklaw.com

               - and -

          Allan Steyer, Esq.
          Donald Scott Macrae, Esq.
          Jill Michelle Manning, Esq.
          Robert W. Biederman, Esq.
          STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP
          One California Street, Suite 300
          San Francisco, CA 94111
          Telephone: (415) 421-3400
          Facsimile: (415) 421-2234
          E-mail: asteyer@steyerlaw.com
                  smacrae@bamlawlj.com
                  jmanning@steyerlaw.com
                  rbiederman@steyerlaw.com

               - and -

          Douglas A. Millen, Esq.
          FREED KANNER LONDON & MILLEN LLC
          2201 Waukegan Road, Suite 130
          Bannockburn, IL 60015
          Telephone: (224) 632-4500
          Facsimile: (224) 632-4519
          E-mail: doug@fklmlaw.com

               - and -

          Patrick Howard, Esq.
          Simon Bahne Paris, Esq.
          SALTZ MONGELUZZI BARRETT & BENDESKY
          1650 Market Street
          One Liberty Place, 52nd Floor
          Philadelphia, PA 19103
          Telephone: (215) 496-8282
          Facsimile: (215) 496-9999
          E-mail: phoward@smbb.com
                  sparis@smbb.com

               - and -

          Manuel Juan Dominguez, Esq.
          COHEN MILSTEIN SELLERS & TOLL
          2925 PGA Blvd., Suite 200
          Palm Beach Gardens, FL 33410
          Telephone: (561) 833-6575
          Facsimile: (202) 408-4699
          E-mail: jdominguez@cohenmilstein.com

               - and -

          Francis M. Gregorek, Esq.
          Rachele R. Rickert, Esq.
          WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
          750 B Street, Suite 2770
          San Diego, CA 92101
          Telephone: (619) 239-4599
          Facsimile: (619) 234-4599
          E-mail: gregorek@whafh.com
                  rickert@whafh.com

               - and -

          Michael D. Yanovsky, Esq.
          WOLF HALDENSTEIN ADLER FREEMAN HERZ LLC
          55 West Monroe Street, Ste 1111
          Chicago, IL 60603
          Telephone: (312) 984-0000

               - and -

          Craig C. Corbitt, Esq.
          Francis Onofrei Scarpulla, Esq.
          Qianwei Fu, Esq.
          ZELLE HOFMANN VOELBEL & MASON LLP
          44 Montgomery Street, Suite 3400
          San Francisco, CA 94104
          Telephone: (415) 693-0700
          Facsimile: (415) 693-0770
          E-mail: ccorbitt@zelle.com
                  fscarpulla@zelle.com
                  qfu@zelle.com

               - and -

          Amy Harrington, Esq.
          LAW OFFICE OF AMY HARRINGTON
          35 Grove St., #117
          San Francisco, CA 94102
          Telephone: (415) 558-7700
          E-mail: amy@amyharringtonlaw.com

               - and -

          Julio J. Ramos, Esq.
          LAW OFFICES OF JULIO J. RAMOS
          35 Grove Street, Suite 107
          San Francisco, CA 94102
          Telephone: (415) 948-3015
          E-mail: ramosfortrustee@yahoo.com

               - and -

          John Dmitry Bogdanov, Esq.
          COOPER & KIRKHAM, P.C.
          357 Tehama Street, 2nd Floor
          San Francisco, CA 94103
          Telephone: (415) 788-3030
          E-mail: jdb@coopkirk.com

               - and -

          Joel Cary Meredith, Esq.
          Steven J. Greenfogel, Esq.
          MEREDITH & ASSOCIATES
          1521 Locust Street, 8th Floor
          Philadelphia, PA 19102
          Telephone: (215) 564-5182
          Facsimile: (215) 569-0958
          E-mail: jmeredith@mcgslaw.com
                  sgreenfogel@litedepalma.com

               - and -

          Daniel E. Gustafson, Esq.
          Jason Kilene, Esq.
          GUSTAFSON GLUEK PLLC
          Canadian Pacific Plaza
          120 South 6th Street, Suite 2600
          Minneapolis, MN 55402
          Telephone: (612) 333-8844
          Facsimile: (612) 339-6622
          E-mail: dgustafson@gustafsongluek.com
                  jkilene@gustafsongluek.com

               - and -

          Brad Yamauchi, Esq.
          Derek G. Howard, Esq.
          Jack Wing Lee, Esq.
          MINAMI TAMAKI LLP
          360 Post Street, 8th Floor
          San Francisco, CA 94108
          Telephone: (415) 788-9000
          E-mail: byamauchi@MinamiTamaki.com
                  dhoward@minamitamaki.com
                  jlee@MinamiTamaki.com

               - and -

          George W. Sampson, Esq.
          Steve W. Berman, Esq.
          HAGENS BERMAN SOBOL SHAPIRO LLP
          1918 8th Avenue, Suite 3300
          Seattle, WA 98101
          Telephone: (206) 623-7292
          Facsimile: (206) 623-0594
          E-mail: george@hbsslaw.com
                  steve@hbsslaw.com

               - and -

          Jeff D. Friedman, Esq.
          Shana E. Scarlett, Esq.
          HAGENS BERMAN SOBOL SHAPIRO LLP
          715 Hearst Avenue, Suite 202
          Berkeley, CA 94710
          Telephone: (510) 725-3000
          Facsimile: (510) 725-3001
          E-mail: jefff@hbsslaw.com
                  shanas@hbsslaw.com

               - and -

          Robert William Finnerty, Esq.
          GIRARDI KEESE
          1126 Wilshire Boulevard
          Los Angeles, CA 90017
          Telephone: (213) 977-0211
          Facsimile: (213) 481-1554
          E-mail: rfinnerty@girardikeese.com

               - and -

          Cullen Byrne, Esq.
          William Henry Parish, Esq.
          PARISH & SMALL
          1919 Grand Canal Boulevard, Suite A-5
          Stockton, CA 95207-8114
          Telephone: (209) 952-1992
          E-mail: whparish@parishsmall.com

               - and -

          Terry Gross, Esq.
          GROSS BELSKY ALONSO LLP
          One Sansome Street, Suite 3670
          San Francisco, CA 94104
          Telephone: (415) 544-0200
          Facsimile: (415) 544-0201
          E-mail: terry@gba-law.com

               - and -

          Robert M. Partain, Esq.
          O'DONNELL & ASSOCIATES
          550 South Hope St., Suite 1000
          Los Angeles, CA 90071
          Telephone: (213) 347-0290
          Facsimile: (213) 489-4515
          E-mail: rpartain@oslaw.com

               - and -

          James Lewis Wilkes, Esq.
          WILKES & MCHUGH
          1 N Dale Mabry #800
          Tampa, FL 33609
          Telephone: (813) 873-0026
          E-mail: jwilkes@wilkesmchugh.com

               - and -

          Timothy Charles McHugh, Esq.
          WILKES & MCHUGH
          3780 Kilroy Airport Way, Ste 220
          Long Beach, CA 90806
          Telephone: (562) 424-3003
          E-mail: timmchugh@wilkesmchugh.com

               - and -

          Brian Joseph Barry, Esq.
          LAW OFFICES OF BRIAN BARRY
          1925 Century Park East, Suite 2100
          Los Angeles, CA 90067
          Telephone: (323) 522-5584
          E-mail: bribarry1@yahoo.com

               - and -

          Jennifer Sarnelli, Esq.
          GARDY & NOTIS, LLP
          560 Sylvan Ave.
          Englewood Cliffs, NJ 07632
          Telephone: (201) 567-7377
          Facsimile: (201) 567-7337
          E-mail: jsarnelli@gardylaw.com

               - and -

          Mario N. Alioto, Esq.
          Lauren Clare Capurro, Esq.
          TRUMP ALIOTO TRUMP & PRESCOTT, LLP
          2280 Union Street
          San Francisco, CA 94123
          Telephone: (415) 563-7200
          Facsimile: (415) 346-0679
          E-mail: malioto@tatp.com
                  laurenrussell@tatp.com

               - and -

          Sherman Kassof, Esq.
          LAW OFFICES OF SHERMAN KASSOF
          954 Risa Road, Suite B
          Lafayette, CA 94549
          Telephone: (510) 652-2554
          Facsimile: (510) 652-9308
          E-mail: heevay@att.net

               - and -

          Joseph Mario Patane, Esq.
          LAW OFFICE OF JOSEPH M. PATANE
          2280 Union Street
          San Francisco, CA 94123
          Telephone: (415) 563-7200
          Facsimile: (415) 346-0679
          E-mail: jpatane@tatp.com

               - and -

          Lingel Hart Winters, Esq.
          LAW OFFICES OF LINGEL H. WINTERS
          275 Battery Street, Suite 2600
          San Francisco, CA 94111
          Telephone: (415) 398-2941
          E-mail: sawmill2@aol.com

               - and -

          Ernest Warren, Esq.
          WALKER & WARREN
          838 West First Avenue, Suite 500
          Portland, OR 97204
          Telephone: (503) 228-6655
          Facsimile: (503) 228-7019
          E-mail: walwar@qwestoffice.net

               - and -

          Mark A. Friel, Esq.
          STOLL STOLL BERNE LOKTING SHLACHTER PC
          209 S.W. Oak Street, Suite 500
          Portland, OR 97204
          Telephone: (503) 227-1600
          Facsimile: (503) 227-6840
          E-mail: mfriel@stollberne.com

               - and -

          Charles E. Tompkins, Esq.
          Ian J. McLoughlin, Esq.
          SHAPIRO HABER & URMY LLP
          53 State Street
          Boston, MA 02109
          Telephone: (617) 439-3939
          Facsimile: (617) 439-0134
          E-mail: ctompkins@shulaw.com
                  imcloughlin@shulaw.com

               - and -

          Liz Ann Brady, Esq.
          OFFICE OF THE ATTORNEY GENERAL
          Antitrust Division
          The Capitol, PL-01
          Tallahassee, FL 32399-1050
          Telephone: (850) 414-3851
          Facsimile: (850) 488-9134
          E-mail: liz.brady@myfloridalegal.com

               - and -

          Andrew Jacob Tuck, Esq.
          Debra Dawn Bernstein, Esq.
          Elizabeth Helmer Jordan, Esq.
          Michael P. Kenny, Esq.
          Rodney J. Ganske, Esq.
          ALSTON AND BIRD LLP
          1201 West Peachtree St., Suite 4200
          Atlanta, GA 30309-3424
          Telephone: (404) 881-7134
          E-mail: andy.tuck@alston.com
                  debra.bernstein@alston.com
                  elizabeth.jordan@alston.com
                  mike.kenny@alston.com
                  rod.ganske@alston.com

               - and -

          Jon G. Shepherd, Esq.
          ALSTON & BIRD LLP
          2828 N. Harwood Street, Suite 1800
          Dallas, TX 75201
          Telephone: (214) 922-3400
          E-mail: jon.shepherd@alston.com

               - and -

          Adrian James Sawyer, Esq.
          James Matthew Wagstaffe, Esq.
          KERR & WAGSTAFFE LLP
          100 Spear Street, Suite 1800
          San Francisco, CA 94105
          Telephone: (415) 371-8500
          Facsimile: (415) 371-0500
          E-mail: sawyer@kerrwagstaffe.com
                  wagstaffe@kerrwagstaffe.com

               - and -

          Alistair B. Dawson, Esq.
          BECK REDDEN & SECREST
          One Houston Center
          1221 McKinney Street, Suite 4500
          Houston, TX 77010
          Telephone: (713) 951-3700
          Facsimile: (713) 951-3720

               - and -

          Daniel A. Sasse, Esq.
          CROWELL & MORING LLP
          3 Park Plaza, 20th Floor
          Irvine, CA 92614
          Telephone: (949) 263-8400
          Facsimile: (949) 263-8414
          E-mail: dsasse@crowell.com

The Defendants are represented by:

          John F. Cove, Jr., Esq.
          Alexis Jane Loeb, Esq.
          Beko Osiris Ra Reblitz-Richardson, Esq.
          Kieran Paul Ringgenberg, Esq.
          Steven Christopher Holtzman, Esq.
          BOIES SCHILLER & FLEXNER LLP
          1999 Harrison Street, Suite 900
          Oakland, CA 94612
          Telephone: (510) 874-1000
          Facsimile: (510) 874-1460
          E-mail: jcove@bsfllp.com
                  aloeb@bsfllp.com
                  brichardson@bsfllp.com
                  kringgenberg@bsfllp.com
                  sholtzman@bsfllp.com

               - and -

          Ian T. Simmons, Esq.
          Haidee L. Schwartz, Esq.
          Kevin Douglas Feder, Esq.
          Qais Ghafary, Esq.
          O'MELVENY & MYERS LLP
          1625 Eye Street, NW
          Washington, DC 20006-4001
          Telephone: (202) 383-5106
          Facsimile: (202) 383-5414
          E-mail: isimmons@omm.com
                  hschwartz@omm.com
                  kfeder@omm.com
                  qghafary@omm.com

               - and -

          James Pearl, Esq.
          O'MELVENY & MYERS LLP
          1999 Avenue of the Stars
          Los Angeles, CA 90067
          Telephone: (310) 553-6700
          E-mail: jpearl@omm.com

               - and -

          Craig P. Seebald, Esq.
          Hannah Carrigg Wilson, Esq.
          Jason A. Levine, Esq.
          Kimberley G. Biagioli, Esq.
          Vincent C. van Panhuys, Esq.
          VINSON & ELKINS LLP
          2200 Pennsylvania Avenue NW, Suite 500 West
          Washington, DC 20037-1701
          Telephone: (202) 639-6500
          Facsimile: (202) 756-8087
          E-mail: cseebald@velaw.com
                  hwilson@velaw.com
                  kbiagioli@velaw.com
                  vvanpanhuys@velaw.com

               - and -

          Matthew J. Jacobs, Esq.
          VINSON & ELKINS LLP
          525 Market Street, Suite 2750
          San Francisco, CA 94105
          Telephone: (415) 979-6900
          Facsimile: (415) 651-8786
          E-mail: mjacobs@velaw.com

               - and -

          Ameri Rose Klafeta, Esq.
          Arin Charles Aragona, Esq.
          Gina K. Lin, Esq.
          Nathan P. Eimer, Esq.
          Vanessa Greenwood Jacobsen, Esq.
          EIMER STAHL LLP
          224 S. Michigan Ave., Suite 1100
          Chicago, IL 60604
          Telephone: (312) 660-7600
          Facsimile: (312) 692-1718
          E-mail: aklafeta@eimerstahl.com
                  aaragona@eimerstahl.com
                  glin@eimerstahl.com
                  neimer@eimerstahl.com
                  vjacobsen@eimerstahl.com

               - and -

          Samuel R. Miller, Esq.
          SIDLEY AUSTIN LLP
          555 California Street, Suite 2000
          San Francisco, CA 94104
          Telephone: (415) 772-1200
          E-mail: srmiller@sidley.com

               - and -

          Jane E. Willis, Esq.
          ROPES & GRAY LLP
          800 Boylston Street
          Boston, MA 02199-3600
          Telephone: (617) 951-7000
          Facsimile: (617) 951-7050
          E-mail: Jane.Willis@ropesgray.com

               - and -

          Mark Samuel Popofsky, Esq.
          Anthony C. Biagioli, Esq.
          ROPES & GRAY LLP
          One Metro Center
          700 12th Street NW, Suite 900
          Washington, DC 20005-3948
          Telephone: (202) 508-4600
          Facsimile: (202) 508-4650
          E-mail: Mark.Popofsky@ropesgray.com
                  anthony.biagioli@ropesgray.com

               - and -

          Michelle Lynn Visser, Esq.
          ROPES AND GRAY LLP
          Three Embarcadero Center
          San Francisco, CA 94111-4006
          Telephone: (415) 315-6347
          Facsimile: (415) 315-4875
          E-mail: michelle.visser@ropesgray.com

               - and -

          Casandra Leann Thomson, Esq.
          LATHAM & WATKINS LLP
          355 South Grand Avenue
          Los Angeles, CA 90071
          Telephone: (213) 485-1234
          E-mail: casandra.thomson@lw.com

               - and -

          Daniel Murray Wall, Esq.
          Belinda S. Lee, Esq.
          Brendan Andrew McShane, Esq.
          LATHAM & WATKINS LLP
          505 Montgomery Street, Suite 1900
          San Francisco, CA 94111
          Telephone: (415) 395-8240
          E-mail: dan.wall@lw.com
                  Belinda.Lee@lw.com
                  brendan.mcshane@lw.com

               - and -

          Catherine E. Palmer, Esq.
          LATHAM & WATKINS LLP
          885 Third Avenue
          New York, NY 10022-4834
          Telephone: (212) 906-1200
          E-mail: catherine.palmer@lw.com

               - and -

          Deana Louise Cairo, Esq.
          David H. Bamberger, Esq.
          DLA PIPER LLP (US)
          500 8th Street, NW
          Washington, DC 20004
          Telephone: (202) 799-4000
          Facsimile: (202) 799-5523
          E-mail: deana.cairo@dlapiper.com
                  david.bamberger@dlapiper.com

               - and -

          Erin Gail Frazor, Esq.
          DLA PIPER LLP (US)
          555 Mission Street, Suite 2400
          San Francisco, CA 94105
          Telephone: (415) 836-2500
          Facsimile: (415) 836-2501
          E-mail: erin.frazor@dlapiper.com

               - and -

          Paolo Morante, Esq.
          DLA PIPER LLP (US)
          1251 Avenue of the Americas, 27th Floor
          New York, NY 10020
          Telephone: (212) 335-4500
          Facsimile: (212) 335-4501
          E-mail: paolo.morante@dlapiper.com

               - and -

          Evan Werbel, Esq.
          James G. Kress, Esq.
          John M. Taladay, Esq.
          Kimberly Ann Murphy, Esq.
          Stacy Turner, Esq.
          William Lavery, Esq.
          BAKER BOTTS LLP
          1299 Pensylvania Avenue NW
          Washington, DC 20004
          Telephone: (202) 639-7700
          Facsimile: (202) 639-7890
          E-mail: evan.werbel@bakerbotts.com
                  james.kress@bakerbotts.com
                  john.taladay@bakerbotts.com
                  kimberly.murphy@bakerbotts.com
                  stacy.turner@bakerbotts.com
                  william.lavery@bakerbotts.com

               - and -

          Jon Vensel Swenson, Esq.
          BAKER BOTTS L.L.P.
          1001 Page Mill Road
          Building One, Suite 200
          Palo Alto, CA 94304
          Telephone: (650) 739-7500
          Facsimile: (650) 739-7699
          E-mail: jon.swenson@bakerbotts.com

               - and -

          Gina Ann Bibby, Esq.
          FOLEY & LARDNER LLP
          975 Page Mill Rd.
          Palo Alto, CA 94304-1013
          Telephone: (650) 856-3700
          Facsimile: (650) 856-3710
          E-mail: gina.bibby@bakerbotts.com

               - and -

          Matthew Robert DalSanto, Esq.
          Paul R. Griffin, Esq.
          Robert Benard Pringle, Esq.
          Sean D. Meenan, Esq.
          WINSTON & STRAWN LLP
          101 California Street
          San Francisco, CA 94111-5802
          Telephone: (415) 591-6878
          Facsimile: (415) 591-1400
          E-mail: mdalsanto@winston.com
                  pgriffin@winston.com
                  rpringle@winston.com
                  smeenan@winston.com

               - and -

          A. Paul Victor, Esq.
          David L. Greenspan, Esq.
          Jeffrey L. Kessler, Esq.
          Elizabeth A. Cate, Esq.
          George E. Mastoris, Esq.
          James F. Lerner, Esq.
          Kelli L. Lanski, Esq.
          Susannah P. Torpey, Esq.
          Jeffrey H. Newhouse, Esq.
          WINSTON & STRAWN LLP
          200 Park Avenue
          New York, NY 10166
          Telephone: (212) 294-4655
          Facsimile: (212) 294-4700
          E-mail: pvictor@winston.com
                  DGreenspan@winston.com
                  jkessler@winston.com
                  ecate@winston.com
                  GMastoris@winston.com
                  jlerner@winston.com
                  klanski@winston.com
                  STorpey@winston.com

               - and -

          Matthew McDonnell Walsh, Esq.
          WINSTON & STRAWN LLP
          333 S. Grand Avenue
          Los Angeles, CA 90071
          Telephone: (213) 615-1865
          Facsimile: (213) 615-1750
          E-mail: MWalsh@winston.com

               - and -

          Keith A. Walter, Jr., Esq.
          Rudolf E. Hutz, Esq.
          M. Curt Lambert, Esq.
          Zhun Lu, Esq.
          NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP
          1007 North Orange Street
          P. O. Box 2207
          Wilmington, DE 19899
          Telephone: (302) 658-9141
          E-mail: keith.walter@novakdruce.com
                  rudy.hutz@novakdruce.com
                  Curt.Lambert@novakdruce.com
                  zhun.lu@novakdruce.com

               - and -

          Minda R. Schechter, Esq.
          NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP
          333 S Grand Ave., Suite 2300
          Los Angeles, CA 90071
          Telephone: (213) 787-2507
          Facsimile: (213) 687-0498
          E-mail: minda.schechter@novakdruce.com

               - and -

          Joel Barry Kleinman, Esq.
          Lisa Marie Kaas, Esq.
          Nicholas Cheolas, Esq.
          DICKSTEIN SHAPIRO LLP
          1825 Eye Street NW
          Washington, DC 20006-5403
          Telephone: (202) 420-2733
          Facsimile: (202) 420-2201
          E-mail: kleinmanj@dsmo.com
                  KaasL@dicksteinshapiro.com
                  cheolasn@dicksteinshapiro.com

               - and -

          Matthew C. Oxman, Esq.
          DEWEY LEBOEUF LLP
          1301 Avenue of the Americas
          New York, NY 10019
          Telephone: (212) 259-6397
          E-mail: moxman@dl.com

               - and -

          Eric Patrick Enson, Esq.
          Jeffrey Alan LeVee, Esq.
          Kathleen Patricia Wallace, Esq.
          JONES DAY
          555 West Fifth Street, Suite 4600
          Los Angeles, CA 90013
          Telephone: (213) 489-3939
          Facsimile: (213) 243-2539
          E-mail: epenson@jonesday.com
                  jlevee@jonesday.com
                  kpwallace@jonesday.com

The multidistrict litigation is In Re: Optical Disk Drive Products
Antitrust Litigation, Case No. 3:10-md-02143-RS, in the U.S.
District Court for the Northern District of California (San
Francisco).


PATTEN INDUSTRIES: Sued Over Unpaid OT for Hours Worked Above 40
----------------------------------------------------------------
Cathy Martin, on behalf of herself and others similarly situated
v. Patten Industries, Inc., B. Crane Patten, Jr., and Garrett
Patten, Case No. 1:13-cv-07409 (N.D. Ill., October 16, 2013)
accuses Patten Industries of failing to pay the Plaintiff overtime
for hours she worked in excess of 40 hours in a workweek in
violation of the Fair Labor Standards Act and the Illinois Minimum
Wage Law.

Patten Industries is a Delaware corporation.  The Company operates
as a dealer for Caterpillar heavy equipment and engines in
Northern Illinois and Northwest Indiana.

The Plaintiff is represented by:

          Richard J. (Rex) Burch, Esq.
          BRUCKNER BURCH PLLC
          8 Greenway Plaza, Suite 1500
          Houston, TX 77046
          Telephone: (713) 877-8788
          Telecopier: (713) 877-8065
          E-mail: rburch@brucknerburch.com

The Defendants are represented by:

          Joshua David Holleb, Esq.
          Davi Lynn Hirsch, Esq.
          KLEIN, DUB & HOLLEB, LIMITED
          660 LaSalle Place
          Highland Park, IL 60035
          Telephone: (847) 681-9100
          E-mail: jdh@labor-law.com
                  dhirsch@labor-law.com


PEOPLES TRUST: Sutts Strosberg Files Class Action Over Data Breach
------------------------------------------------------------------
Dave Battagello, writing for The Windsor Star, reports that online
Canadian banking service Peoples Trust admitted a month ago to a
security breach in which criminals in China used the web to access
the personal information of up to 13,000 clients.

Now local law firm Sutts Strosberg has filed a class action
lawsuit -- in partnership with two law firms in Toronto and
Vancouver -- seeking C$13 million in compensation for affected
customers.

The local legal firm is involved because one of the primary
plaintiffs in the claim filed in Supreme Court of British Columbia
against the Vancouver-based company is University of Windsor
business student Gianluca Tucci.

"He is concerned about the effect this privacy breach will have on
his credit file and inconvenience he will face in trying to
address his concerns," said lawyer David Robins of Sutts
Strosberg.

"It's not so much like money was stolen here.  It's more a big
headache.  The nature of the claim is for breach of privacy,
breach of contract, breach of warranty and negligence."

Mr. Tucci was not to talk about the case based on his lawyer's
advice.

Peoples Trust is federally licensed trust company launched in 1985
that operates largely online, providing financial services that
include savings accounts, credit cards and mortgages.

The company grew concerned a couple of months ago after several
customers complained they had received bogus text messages
supposedly from the company urging then to call a number in Utah
right away, Mr. Robins said.  The phone number was not in service,
according to the company.

But Peoples Trust hired a forensic investigator who learned the
company's system and customers' personal information had been
compromised by someone in China.

People's Trust sent notice to the privacy commissioner of Canada
about the privacy breach in mid-October and two weeks letter
issued a letter to 12,000 to 13,000 customers informing them they
were at risk of identity theft, Robins said.

Banking information was not accessed, but personal information --
largely submitted during the online application process -- was
accessed. It included names, addresses, telephone numbers, email
addresses, date of birth and social insurance numbers.

Some of the bogus text messages from the wrongdoers also called on
customers to reveal account information.

The trust company has not yet been formally served with the
lawsuit so did not wish to comment on Nov. 20.

"Until we have chance to review the lawsuit, I really can't say
anything," said Darren Kozol, general counsel and corporate
secretary for Peoples Trust in Vancouver.

But the online violation will be worrisome for quite some time for
customers such as Mr. Tucci, Mr. Robins said.

The list of information could potentially be used for such
purposes as obtaining loans, credit cards or to engage in other
forms of identity theft, the lawyer said.

Every affected customer has also been "flagged" for up to the next
six years, according to the company, so their credit files will
alert others their data has been compromised and lenders should
take additional steps to verify identity before completing
transactions, Mr. Robins said.

"People are worried about damage to their credit reputations," he
said.  "Some are distressed.  People have to spend time and be
faced with anxiety, frustration and inconvenience to reduce the
likelihood of identity theft and address the flags on their files.

"What's of greatest concern is there remains a substantial chance
the cyber criminals who accessed this information will use this
for future criminal purposes."

Any Peoples Trust customer whose information was compromised can
learn more about the class action lawsuit at
peoplestrustprivacyclassaction.com, Mr. Robins said.


PROBAR LLC: Faces False Advertising Suit Over PROBAR Protein Bars
-----------------------------------------------------------------
Probar, LLC removed the purported class action lawsuit captioned
Heidi Franco v. Probar, LLC et al., Case No. 37-2013-00065099-CU-
MT-CTL, from the Superior Court of the state of California, County
of San Diego, to the United States District Court for the Southern
District of California.  The District Court Clerk assigned Case
No. 3:13-cv-02488-BTM-NLS to the proceeding.

In her complaint, Ms. Franco relates that Probar manufactures,
markets, and sells PROBAR Protein Bars and advertises and markets
the protein bars as: "PROBAR is the innovator and leader in
convenient, on-the-go, all natural foods.  She contends that the
Defendant's misrepresentations regarding the protein bars were
designed to, and did, deceive her and others similarly situated
with regard to the ingredients and health claims of the protein
bars.  She argues that she and members of the Class relied on the
Defendant's misrepresentations and would not have paid as much, if
at all, for the protein bars but for the Defendant's
misrepresentations.

ProBar is a Utah limited liability company headquartered in Salt
Lake City.  The Company offers the protein bars for sale through
various channels, including the Internet and retailers throughout
the nation, including the state of California.  The Plaintiff does
not know the true names or capacities of the Doe Defendants.

The Plaintiff is represented by:

          Scott J. Ferrell, Esq.
          Ryan M. Ferrell, Esq.
          NEWPORT TRIAL GROUP, A PROFESSIONAL CORPORATION
          4100 Newport Place Drive, Suite 800
          Newport Beach, CA 92660
          Telephone: (949) 706-6464
          Facsimile: (949) 706-6469
          E-mail: sferrell@trialnewport.com
                  rferrell@trialnewport.com

The Defendants are represented by:

          Kenneth Kiyul Lee, Esq.
          JENNER & BLOCK, LLP
          633 West 5th Street, Suite 3500
          Los Angeles, CA 90071
          Telephone: (213) 239-5152
          Facsimile: (213) 239-5162
          E-mail: klee@jenner.com


QUALITY SYSTEMS: Bernstein Litowitz Files Securities Class Action
-----------------------------------------------------------------
Bernstein Litowitz Berger & Grossmann LLP on Nov. 19 disclosed
that it has filed a securities class action lawsuit on behalf the
Deerfield Beach Police Pension Fund against Quality Systems, Inc.,
and certain of its senior executives and its Chairman.  The
action, which is captioned Deerfield Beach Police Pension Fund v.
Quality Systems, Inc., SACV13-01818 CJC (JPRY) (C.D. Cal.),
asserts claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, 15 U.S.C. ---- 78j(b) and 78t(a), and SEC
Rule 10b-5 promulgated thereunder, 17 C.F.R. -- 240.10b-5, on
behalf of investors who purchased or otherwise acquired QSI common
stock during the period from May 26, 2011 through July 25, 2012,
inclusive.

QSI sells practice management software to medical and dental
practices.  The Complaint alleges that during the Class Period,
Defendants violated provisions of the federal securities laws by
issuing false and misleading press releases, financial statements,
filings with the Securities and Exchange Commission, and making
false and misleading statements and omissions during investor
conference calls and conferences, among other things.
Specifically, Defendants made a series of material misstatements
and omissions concerning QSI's growth prospects, including its
guidance for fiscal years 2012 and 2013.  As a result of
Defendants' false statements and omissions, QSI's securities
traded at artificially inflated prices during the Class Period.
Before the market opened on July 26, 2012, the Defendants
announced that the Company's EPS had materially declined from the
year-ago quarter, and withdrew QSI's highly favorable fiscal 2013
guidance.  That disclosure caused the price of QSI stock to
decline from $23.63 per share to $15.95 per share on July 26,
2012.

If you wish to serve as lead plaintiff for the Class, you must
file a motion with the Court no later than 60 days from
November 19, 2013.  Accordingly, the deadline for filing a motion
for appointment as lead plaintiff is January 21, 2014.  Any member
of the proposed Class may move the Court to serve as lead
plaintiff through counsel of their choice, or may choose to do
nothing and remain a member of the proposed Class.

Deerfield Beach is represented by BLB&G, a firm of over 100
attorneys with offices in New York, California, Louisiana, and
Illinois.  If you wish to discuss this Action or have any
questions concerning this notice or your rights or interests,
please contact Avi Josefson of BLB&G at 212-554-1493, or via
e-mail at avi@blbglaw.com

Since its founding in 1983, BLB&G -- http://www.blbglaw.com--
specializes in securities fraud, corporate governance,
shareholders' rights, employment discrimination, and civil rights
litigation, among other practice areas, BLB&G prosecutes class and
private actions on behalf of institutional and individual clients
worldwide.


TOYOTA MOTOR: 9th Cir. Won't Revive Prius Class Action
------------------------------------------------------
Kurt Orzeck and Matthew Heller, writing for Law360, report that
the Ninth Circuit on Nov. 20 refused to revive a putative class
action accusing Toyota Motor Corp. of not fixing its Prius
vehicles, ruling a fuel-tank defect that caused inaccurate gas
gauge readings in cold weather wasn't covered by Toyota's
warranty.

Affirming a California federal judge's decision, the appeals court
said named plaintiffs Henry and Veronica Troup hadn't proven they
were injured by the flaw in their Prius, nor had they sufficiently
repudiated Toyota's claim that it was an issue with the car's
design.

The plaintiffs argued Toyota's implied warranty of merchantability
guarantees that a vehicle will operate safely and is substantially
free of defects.  They also alleged the unreliable gas gauge
resulted in Prius drivers running out of gas in dangerous places.

But the appeals court said the putative class action didn't
provide enough evidence that the gas gauge problem qualified as a
materials or workmanship that fell within the scope of Toyota's
warranty.

"Despite its scattered references to 'materials,' the gravamen of
the complaint is that the Prius' defect resulted from the use of
resin to construct the gas tanks, which is a design decision,"
opinion said.

The Troups are the only remaining plaintiffs in a case that was
originally filed in February 2010 on behalf of owners of 2004-2009
Prius models, which were manufactured with a flexible fuel bladder
rather than a steel or plastic gas tank.  The fuel bladder is made
of a flexible resin and is designed to collapse as fuel is pumped
to the engine.

According to the suit, the resin loses flexibility in cold
weather, causing the bladder to actually shrink and leaving
consumers only able to put as few as six gallons into a tank that
Toyota markets as having an 11.9 gallon capacity.

In granting Toyota's motion to dismiss in August 2011, U.S.
District Judge Philip S. Gutierrez said the alleged fuel tank
defect was a design issue because it affected all 2004-2009 Prius
vehicles and there was no allegation that the Troups had ever run
out of fuel.

The plaintiffs' attorney Steve W. Berman of Hagens Berman Sobol
Shapiro LLP argued on appeal that an unreliable gas gauge is a
safety issue and the evidence from other Prius owners "creates an
inference and bolsters [the Troups'] safety allegations."

"Every driver expects their gas gauge to be reliable . . . and the
Troups did not get a reliable gas gauge," he said at an August
hearing.

But the three-judge panel on Nov. 20 agreed with Judge Gutierrez's
finding that the defect didn't comprise the safety of Priuses.
The cars were still operable, even if they required more stops for
refueling, the appeals court noted.

The Ninth Circuit also pointed out that the Troups likely lacked
standing to bring their claim in California anyway, as they live
in Pennsylvania and bought their Prius there.

Furthermore, Judge Gutierrez properly dismissed the plaintiffs'
complaint with prejudice because they had been given five chances
to set forth plausible claims, the appeals court decided.

"We are pleased that the Ninth Circuit affirmed Judge Gutierrez's
ruling dismissing this action," Toyota spokeswoman Amanda L. Rice
told Law360 on Nov. 21.

Attorneys for the plaintiffs didn't immediately respond to
requests for comment on Nov. 21.

Circuit Judges Ronald M. Gould and Johnnie B. Rawlinson and
District Judge Ivan L. R. Lemelle sat on the panel for the Ninth
Circuit.

The Troups are represented by Steve W. Berman -- steve@hbsslaw.com
-- Erin K. Flory -- erin@hbsslaw.com -- and Robert B. Carey --
rob@hbsslaw.com -- of Hagens Berman Sobol Shapiro LLP.

Toyota is represented by Michael L Mallow -- mmallow@loeb.com --
of Loeb & Loeb LLP.

The case is Henry Troup et al. v. Toyota Motor Corp. et al., case
number 11-56637, in the U.S. Court of Appeals for the Ninth
Circuit.


TREASURY WINES: CEO Lashes Out at Rising Shareholder Class Actions
------------------------------------------------------------------
Eli Greenblat, writing for BusinessDay, reports that the chief
executive of the world's biggest winemaker, Treasury Wine Estates,
has lashed out at the rising tide of "crazy class actions" hurled
at boardrooms, arguing they were being manufactured by self-
interested litigators.

Treasury Wine boss Warwick Every-Burns told BusinessDay litigation
funds and their law firm partners were usurping the role of
regulatory authorities in their pursuit of boards, while companies
could shy away from growth plans for fear of being slapped with a
shareholder class action lawsuit.

"We will end up with companies almost being scared to do what they
should be doing in the marketplace because they are continually
feeling that they are going to have these crazy class actions,"
Mr. Every-Burns said."  People will start to become almost
risk-averse if we are not careful.

"[Those] out there trying to fund this litigation, and really just
pursuing their own commercial interests . . . it's not in the best
interests of the country, not in the best interests of the
shareholders overall and essentially it adds to costs and
distracts companies."

Mr. Every-Burns knows the sting of a shareholder class action
lawsuit first hand.  Treasury Wine is currently being menaced by
two legal actions flowing from its damaging $160 million write-
down in July of wine inventories in the US.  Litigation funder IMF
and law firm Maurice Blackburn are drumming up support among
aggrieved shareholders for a potential $100 million class action,
while a separate lawsuit is being pursued by former Minter Ellison
partner Mark Elliott.

The class actions will argue Treasury Wine breached its continuous
disclosure obligations over timely admissions on the sinking value
of poor-quality wines held by its US distributors, which
ultimately had to be poured down the drain.

In the period following Treasury Wine's shock announcement about
the unwanted wine its shares dropped 20 per cent.

But if IMF and others believe Treasury Wine will buckle and settle
the case after drawn-out court hearings and maneuvers,
Mr. Every-Burns said his board was not for turning.

"We are fighting it, we are absolutely on the high ground here, we
believe it has no merit at all."

Mr. Every-Burns said litigators leading the charge on class
actions were seeking to replace regulators.

"[What] annoys us more than anything is that Australia is set up
very well in terms of having incumbent bodies and independent
regulatory authorities that really are best placed to assess
whether a listed company has breached [its] corporate governance
obligations," he said.


UMPQUA BANK: Jury Trial in Suit Over Excessive Overdraft Fees
-------------------------------------------------------------
Philip A. Janquart at Courthouse News Service reports that a jury
should determine whether Umpqua Bank fraudulently maximizes its
ability to charge customers overdraft fees, a federal judge has
ruled.

Lead plaintiff Amber Hawthorne filed the federal class action
against Umpqua in December 2011, alleging the bank employs
sophisticated software that "maximizes the number of overdrafts,
and thus, the amount of overdraft fees charged per customer."

Hawthorne also called Umpqua's account agreement misleading and
said the bank "provides inaccurate balance information to its
customers through its electronic network," informing them "that
they have a positive balance when, in reality, they have a
negative balance, despite the bank's actual knowledge of
outstanding debits and transactions."

The complaint alleges breach of contract, bad faith,
unconscionability, conversion, unjust enrichment, and violations
of the California Unfair Competition Law (UCL) and the Consumer
Legal Remedies Act (CLRA).

Umpqua moved to dismiss in April 2012, prompting a tentative
ruling from U.S. District Judge Yvonne Gonzalez Rogers that
granted and denied the motion in part.  Rogers subsequently
entered the tentative ruling as an order by stipulation of the
parties.  She dismissed the unfairness prong of the UCL and
unconscionability claims, but sustained the fraudulent prong of
the UCL and conversion claims.

The class then filed a second amendment complaint, and Umpqua
moved for judgment on the pleadings.

U.S. District Judge Jon Tigar agreed on Oct. 25 to dismiss with
prejudice the claims "for violation of the 'unfair' prong of the
UCL, breach of the implied covenant of good faith and fair
dealing, breach of contract, and unjust enrichment."

Tigar denied Umpqua's motion in all other respects.

"Strangely, Umpqua argues . . . that plaintiffs fail adequately to
allege 'that they deposited funds with Umpqua which were used to
pay overdraft fees," Tigar explained in his ruling.  "But the SAC
expressly alleges just that: 'Umpqua has wrongfully collected
overdraft fees from plaintiffs and the members of the national
class, and has taken specific and readily identifiable funds from
their accounts in payment of these fees in order to satisfy them."

The Plaintiffs are represented by:

          Hassan Ali Zavareei, Esq.
          TYCKO & ZAVAREEI, LLP
          2000 L Street, N.W., Suite 808
          Washington, DC 20036
          Telephone: (202) 973-0900
          Facsimile: (202) 973-0950
          E-mail: hzavareei@tzlegal.com

               - and -

          Byron T. Ball, Esq.
          THE BALL LAW FIRM, L.L.P.
          10866 Wilshire Boulevard, Suite 1400
          Los Angeles, CA 90024
          Telephone: (310) 446-6148
          Facsimile: (310) 441-5386
          E-mail: btb@balllawllp.com

               - and -

          Jeffrey M. Ostrow, Esq.
          Jason Henry Alperstein, Esq.
          Jonathan M. Streisfeld, Esq.
          KOPELOWITZ OSTROW P.A.
          200 SW 1st Avenue, 12th Floor
          Fort Lauderdale, FL 33301
          Telephone: (954) 525-4100
          Facsimile: (954) 525-4300
          E-mail: ostrow@kolawyers.com
                  alperstein@kolawyers.com
                  streisfeld@kolawyers.com

Umpqua Bank is represented by:

          Scott H. Jacobs, Esq.
          Abraham J. Colman, Esq.
          Kasey J. Curtis, Esq.
          REED SMITH LLP
          355 South Grand Avenue, Suite 2900
          Los Angeles, CA 90071-1514
          Telephone: (213) 457-8000
          Facsimile: (213) 457-8080
          E-mail: shjacobs@reedsmith.com
                  acolman@reedsmith.com
                  kcurtis@reedsmith.com

The case is Hawthorne, et al. v. Umpqua Bank, Case No. 3:11-cv-
06700-JST, in the U.S. District Court for the Northern District of
California (San Francisco).


USPLABS LLC: Recalls OxyELITE Pro Dietary Supplements
-----------------------------------------------------
USPlabs LLC, Dallas, TX is voluntarily conducting a national
recall of all lots and sizes of the OxyElite Pro dietary
supplement products listed.

These products contain Aegeline, a synthesized version of a
natural extract from the Bael tree.

Epidemiological evidence shows that use of these products has been
associated with serious adverse health consequences, namely
serious liver damage or acute liver failure, concentrated in
Hawaii.  Investigations are ongoing into a potential causal
relationship.  The Company agrees with FDA that a national recall
is appropriate as a precautionary measure.

Product was distributed nationwide through retail stores, mail
orders and direct delivery.

OxyElite Pro Super Thermo capsules

   -- 2 count capsules UPC #094922417275
   -- 10 count capsules UPC #094922417251
   -- 10 count capsules UPC #094922417268
   -- 21 count capsules UPC #094922426604
   -- 90 count capsules UPC #094922395573
   -- 90 count capsules "Pink label" UPC #094922447906
   -- 180 count capsules UPC #094922447852

OxyElite Pro Ultra-Intense Thermo capsules
   -- 3 count capsules UPC #094922447883
   -- 3 count capsules UPC #094922447876
   -- 90 count capsules UPC #094922395627
   -- 180 count capsules UPC #094922447869
   -- OxyElite Pro Super Thermo Powder
   -- Fruit Punch 0.15 oz UPC #094922417237
   -- Fruit Punch 0.15 oz UPC #094922447517
   -- Fruit Punch 4.6 oz UPC #094922426369
   -- Fruit Punch 5 oz. UPC #094922447487
   -- Blue Raspberry 4.6 oz UPC #094922426376
   -- Grape Bubblegum 4.6 oz UPC #094922447500
   -- Green Apple 4.6 oz. UPC #094922426499
   -- Raspberry Lemonade 4.6 oz. UPC #094922447494

No other products produced by USPlabs are subject to recall.
Consumers who have purchased the products should immediately
discontinue use of the product and return it to where they
purchased it for a refund.  Contact your health care professional
if you have experienced any adverse effects.  Consumers can
contact USPlabs at 1(800) 890-3067 (Monday-Friday, 9 am -
5 pm EST) or info@usplabsdirect.com.  Adverse reactions may be
reported to the FDA MedWatch Adverse Event Reporting program
online at http://www.fda.gov/medwatch/getforms.htm,by regular
mail, or by FDA's MedWatch Hotline 1-800-FDA-1088.


UTAH: Class Action Attorney Says Steed's DUI Arrests Illegal
------------------------------------------------------------
Nineveh Dinha, writing for FOX13Now.com, reports that an attorney
pushing for a class action lawsuit against the state of Utah said
he just got new video of former Utah Highway Patrol trooper Lisa
Steed, which he said shows her repeated violations of protocol and
that her superiors knew about it.

In 2007, Ms. Steed was awarded trooper of the year because of her
number of DUI arrests.  She netted 750 cases during her five years
at the Utah Highway Patrol before being let go in January of this
year after allegations surfaced that Steed wrongfully arrested
drivers.

Robert Sykes, the attorney taking on the class action lawsuit
against the state, also released the memo, which reveals her
superiors' concerns.

"She's a predator," said Mr. Sykes, who stands to make millions if
more defendants join and he wins.  "She preyed on the innocent.
She used illegal techniques to make stops.  It's going to be in
the range of probably 20 to 30 million dollars."

So far, only two people have joined the suit, Thomas Romero and
Julie Tapia.  In one of the cases, defendant Tapia tells Steed she
had not been drinking.  Still, Ms. Tapia was arrested, according
to documents and after blood work showed no presence of alcohol or
drugs, she was let go.

New video released to FOX 13 News shows former UHP Trooper Steed
making a traffic stop.  Mr. Sykes claims the man seen in the
footage, who was asked to take a field sobriety test, was not
impaired.  However, he was arrested for DUI.

So far, Mr. Sykes' legal team has reviewed 25 tapes of Ms. Steed's
DUI arrests.  He claims most of them are done either partially, or
entirely off-camera.

"I have no doubt that as we continue going through these videos,
we'll find more," he said.

Even more alarming, according to him, is the "Nixon Memo", a
letter from Sgt.  Rob Nixon telling his superior that after
reviewing some of Steeds' DUI cases, he was concerned.

"This issue needs to be addressed before defense attorneys catch
on and her credibility is compromised," the letter said in part.

"It's an outrage that the state of Utah would do that, the highway
patrol covered up key evidence here, and that's another part of
our class action lawsuit," Mr. Sykes said.

So what does the state of Utah have to say about all this? Paul
Murphy, the Utah Attorney General's spokesperson said, "We think
the lawsuit is completely without merit and highly doubt it will
ever be certified as a class action lawsuit."

The state is correct; the lawsuit still has to be certified as a
class action.  It will be up to a Davis County District judge to
decide.  The ruling is expected in the next two to three months.


VIKING RANGE: Recalls Built-In Side-by-Side Refrigerator Freezers
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Viking Range LLC, of Greenwood, Miss., announced a voluntary
recall of about 750 Viking built-in side-by-side refrigerator
freezers with in-door dispensers.  Consumers should stop using
this product unless otherwise instructed.  It is illegal to resell
or attempt to resell a recalled consumer product.

Electrical connectors in the refrigerator freezer wiring harness
can overheat, posing a fire hazard.

Viking has received 27 reports of electrical shorts and four
fires.  No injuries have been reported.

The recall involves Viking 42-inch and 48-inch built-in side-by-
side refrigerator freezers with in-door water and ice dispensers.
The recalled refrigerator freezers come in a variety of colors,
stainless steel or a custom finish.  They were manufactured
between October 2012 and May 2013 and have the model numbers
listed below.  The first six numbers in the serial number are the
manufacture date of the unit in MM/DD/YY format.  Both sizes of
refrigerator freezers have a serial number/date code range from
101712 through 052913.  The model and serial numbers are located
inside the refrigerators on a label on the ceiling behind the
light housing.

   Size        Model Numbers begin with    Color/Finish
   ----        ------------------------    ------------
  42-inch        FDSB5421D                 Custom
                 VCSB5421D                 Various colors
  48-inch        FDSB5481D                 Custom
                 VCSB5481D                 Various colors

Pictures of the recalled products are available at:
http://is.gd/2j86Ob

The recalled products were manufactured in United States and sold
at appliance and specialty stores nationwide from November 2012
through May 2013 for between $5,400 and $6,400.

Consumers should immediately turn off and unplug the recalled
refrigerator freezers and contact Viking to schedule a free, in-
home repair.


XEROX EDUCATION: Credit Payments to Loans Improperly, Suit Says
---------------------------------------------------------------
Sadaf Shirvani a/k/a Kristy Shirvani, on behalf of herself and all
others similarly situated v. Xerox Education Services, LLC, f/k/a
ACS Education Services, Inc. and U.S. Bank, N.A., Case No. 1:13-
cv-07295-LAK (S.D.N.Y., October 16, 2013) alleges that the
Defendants credit payments to student loans improperly to extract
more interest from borrowers.

The end result of the Defendants' scheme kept borrowers trapped in
student loan debt that borrowers were actively seeking to repay as
fast as possible to lower the total cost of borrowing, Ms.
Shirvani contends.

ACS is a Delaware limited liability company headquartered in Long
Beach, California.  ACS is the servicer of student loans acting as
an agent of the student loans' owned by U.S. Bank.  Xerox was
previously known as ACS Education Services, Inc.  U.S. Bank is a
national banking association headquartered in Cincinnati, Ohio.
U.S. Bank is the current owner and maker of student loans.

The Plaintiff is represented by:

          Lawrence P. Eagel, Esq.
          Justin Aaron Kuehn, Esq.
          BRAGAR, EAGEL & SQUIRE P.C.
          885 Third Avenue, Suite 3040
          New York, NY 10022
          Telephone: (212) 308-5858
          Facsimile: (212) 486-0462
          E-mail: eagel@bespc.com
                  kuehn@bespc.com

The Defendants are represented by:

          Edward Kevin Lenci, Esq.
          HINSHAW & CULBERTSON LLP
          800 Third Avenue, 13th Floor
          New York, NY 10022
          Telephone: (212) 471-6212
          Facsimile: (212) 935-1166
          E-mail: elenci@hinshawlaw.com


YOUR TRUE: Recalls Raw Choice Bulk Dehydrated Natural Pet Treats
----------------------------------------------------------------
Starting date:            November 20, 2013
Posting date:             November 20, 2013
Type of communication:    Consumer Product Recall
Subcategory:              Microbiological - Salmonella
Source of recall:         Health Canada
Issue:                    Poisoning Hazard
Audience:                 General Public
Identification number:    RA-36815

Affected products: True Raw Choice Bulk Dehydrated Natural Pet
Treats

The recall involves True Raw Choice dehydrated bulk:

   Product Name       Lot Number
   ------------       ----------
   Chicken Feet       214733
   Duck Feet          228870
   Duck Wings         213825
   Chicken Breast     154339
   Lamb Trachea       225215

Please note that Your True Companion Pet Products has confirmed
that no remaining stock of the affected lots of chicken breast and
lamb trachea were found at retail and the chicken feet, duck feet
and duck wings have all been removed from the market place as of
November 8, 2013.

The bulk dehydrated True Raw Choice Pet Products were found to be
contaminated with Salmonella bacteria.  Pets such as dogs and
cats, and their food can carry Salmonella bacteria.  People can
get infected with the bacteria from handling pets, pet food or
feces.  Symptoms of salmonellosis often include:

   -- sudden onset of fever,
   -- headache,
   -- stomach cramps,
   -- diarrhea,
   -- vomiting.

For more information on the risks of Salmonella infection, please
see the Public Health Agency of Canada's fact sheet.

Health Canada is aware of one case in Canada of illness related to
these products.

In total, 280 total cases of the affected pet treats were sold in
bulk at various pet food stores across Canada.

The affected pet treats were manufactured in Canada and sold from
August 2013 to November 7, 2013.

Companies:

   Distributor     Your True Companion Pet Products
                   Guelph
                   Ontario
                   Canada

Consumers should contact Your True Companion Pet Products at
1-855-260-5024 if unsure if the product you have is affected or
not.  All products affected have been disposed of in the market
place as of November 8, 2013.


* Ontario Judge Says Class Action Proceedings Too Expensive
-----------------------------------------------------------
Jordan Fletcher, writing for The Globe and Mail, reports that
class-action plaintiffs in Ontario face a risky calculus in
deciding whether to bring their lawsuits: If they lose, they have
to pay their adversaries' legal bills.

That rule should be reversed, Justice Edward Belobaba of the
Ontario Superior Court of Justice wrote in a Nov. 8 decision in a
class-action case, Rosen v. BMO Nesbitt Burns Inc.  The plaintiff
in the case alleges that BMO Nesbitt Burns failed to pay
sufficient overtime to investment advisers.  In August,
Justice Belobaba certified that the case could proceed as a class
action; the Nov. 8 decision awarded costs for the certification
hearing to the plaintiffs.

"Access to justice, even in the very area that was specifically
designed to achieve this goal, is becoming too expensive," he
wrote.

His comment comes amid a wider discussion about the skyrocketing
costs of legal services.  However, not everyone believes that the
shifting of costs is at fault.

"The problem isn't the existence of an adverse cost regime, it's
that certification motions have become runaway trains," said
Jasminka Kalajdzic, an associate professor at University of
Windsor's law school who specializes in class actions.

Experts agree that the preliminary certification stage, where
litigants argue about whether plaintiffs may sue as a unified
class, is where many of the bills pile up.  The costs of reaching
a decision in these proceedings now routinely run upward of
$500,000.

"Because of the stakes, we're extremely selective," said
Matthew Baer, a class-action lawyer at Siskinds in London, Ont.
"If you pick the wrong case, you can bankrupt your firm."

Certification costs have increased dramatically in Ontario in the
past two years, as all sides wage wars of attrition, said Jonathan
Ptak of Koskie Minsky in Toronto, who represents the plaintiffs in
the Rosen case.

"Well-funded defense teams ratchet up the stakes with mountains of
evidence," Mr. Ptak said, while plaintiffs' lawyers stage
expensive cases in anticipation of a vigorous defense.

Class actions are meant to give broader access to the legal system
to people who might not otherwise be able to afford it.  By
spreading fixed costs among a large group of plaintiffs, they
enable lawsuits of public interest.  For example, recent
certification decisions cited by Justice Belobaba involved
allegedly misleading statements made to a pension fund and the
negligent production of artificial hips.

Class-action lawyers usually work on a contingency basis (fronting
the cost of litigation in exchange for a percentage of any
successful payout), so failing to get a case certified can make it
financially untenable.

Mr. Ptak said that is why the battle in Ontario has shifted to the
certification stage.

Glenn Zakaib, a class-action lawyer at Cassels Brock in Toronto,
said that for defendants, "the view is that if your case is
certified, then you have to settle . . . You take your best shot
there."

The rules governing class-action costs vary across Canada.
British Columbia, for example, does not require an unsuccessful
party to pay the other side's legal fees . Quebec does, but the
certification process is streamlined and awards are capped.

Ontario law provides for a special fund to indemnify plaintiffs
against losses, but benefits can vary, and not all suits are
eligible.   "It was never designed to be a backstop for the class
proceedings regime," Mr. Ptak said.

Third-party investors, such as hedge funds and financiers, have
also entered the game, agreeing to indemnify plaintiffs' lawyers
in exchange for a cut of a successful award.

Justice Belobaba once advocated for the loser-pays rule, when he
was a member of an advisory committee to the Ontario Attorney-
General, but he said in his Rosen decision that he had been wrong.

He hopes the Law Commission of Ontario, which began a review of
class-action procedures last spring, will correct the error.
Commission counsel Judy Mungovan said she expects the
recommendations process will take three years.

Prof. Kalajdzic, a member of the law commission's class-action
advisory committee, speculated that if the rule changes, it could
have a ripple effect on cost-shifting in other areas of Ontario
law.

Meanwhile, Justice Belobaba said, courts should be stricter and
more transparent in awarding costs.  "It will likely result in
lower-than-expected costs awards," he said in his ruling.  "But if
it also results in leaner and more focused motions, a greater
measure of predictability for the participants, and . . .  the
continuing viability of the class-action vehicle, that is all to
the good."


                             *********

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., Washington, D.C., USA. Noemi Irene
A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher Patalinghug, Frauline Abangan and Peter A. Chapman,
Editors.

Copyright 2013. 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 $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000 or Nina Novak at 202-241-8200.



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