/raid1/www/Hosts/bankrupt/CAR_Public/140212.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, February 12, 2014, Vol. 16, No. 30
Headlines
3T DESIGN: Recalls Cervelo Bicycles With Aduro Aero Handlebars
AMERICAN HOME: Denial of Matrix Benefits to Harold Estate Upheld
AMTRUST FINANCIAL: Pomerantz Law Firm Files Class Action in N.Y.
ANZ BANK: Customers Obtain Partial Victory in Fee Class Action
BANK OF AMERICA: Faces "Galloway" Class Action Suit in Arizona
CITIMORTGAGE INC: Sued Over Dual-Tracking and Late Fees
CLEMENT LTEE: Recalls Fairfield Girls' Sweaters With Drawstrings
CLUB ONE: Notice of Class Settlement Approval Guidelines Filed
CLUB WAX: Fails to Pay Minimum Wage and Substantial OT, Suit Says
COCA COLA CO: "Ambriz" Suit Transferred to C.D. Calif.
COLLECTO INC: Accused of Violating Fair Debt Collection Act
COOL POWER: Accuses of Violating FLSA by Not Paying Overtime
COOL POWER: Sued in New York Over Unpaid Wages and Overtime Pay
COUNTRYWIDE FINANCIAL: "Marino" Suit Removed to C.D. California
COVENTRY HEALTH: Agrees to Settle Class Action for $3.6 Million
CUTLER SOHO: Fails to Properly Pay Overtime Premium, Suit Claims
DUANE READE: Did Not Properly Compensate Pharmacists, Suit Says
FEDERICO'S RESTAURANT: Class Seeks to Recover Spread of Hours Pay
FOREST RIVER: Recalls Wildcat Trailers Due to Incorrect GVWR Info
GENERAL MOTORS: Recalls TRAX Vehicles Due Damaged Quick Connectors
GERAWAN FARMING: Faces Class Action Over Minimum Wage Violation
GLOBALINX PET: Court Tosses Class Cert. Bid in "Holt" Suit
GREEN TREE: Sued in Ga. Over Fair Debt Collection Act Violations
HOME DEPOT: 9th Circuit Affirms Consumer Class Action Dismissal
ILLINOIS: Court Approves Monitor's Reports in Suit vs. Governor
INTERTEK: Warns of Counterfeit cETLus Certification Mark
JC BUNNY: Recalls Lao Gan Ma Seasoning Due to Undeclared Peanuts
LENDER PROCESSING: Nevada AG Ordered to Pay Fraud Suit Legal Costs
KEYUAN PETROCHEMICALS: Rosen Law Firm Files Class Action
KIA MOTOR: Recalls Sportage SUVs Over Incorrect Tire Pressure Info
KIMBERLY-CLARK GLOBAL: Fails to Pay for OT Work, Class Says
M & R INSULATION: Insulator Mechanics Sues Over Unpaid OT & Wages
MAGICJACK VOCALTEC: Court Grants Motion to Dismiss Class Action
MOTT'S LLP: Court Narrows "Rahman" False Labeling Suit
NATURALCARE INC: Court Dismisses "Neal" Suit With Prejudice
NCO FINANCIAL: Debt Collection Notices Violate FDCPA, Suit Says
NORTHLAND GROUP: Accused of Violating Fair Debt Collection Act
NORTHROP GRUMMAN: Fails to Pay for OT Work, Suit Says
OCWEN LOAN: "Lee" Class Suit Alleges FDCPA Violations
PORSCHE CARS: 911 Model Has Defective Coolant Hoses, Suit Claims
PORTFOLIO RECOVERY: Accuses of Violating Fair Debt Collection Act
PRINCIPAL FINANCIAL: Accused of Suspending Customers' HELOCs
RUSH TRUCK: Removed "Galdamez" Suit to C.D. Cal.
SACRAMENTO D.E.A.: "Morrow" Suit Dismissed With Leave to Amend
SEGA AMUSEMENTS: Deceives Key Master Users, California Suit Says
SEIU: Civil Servants File Class Action in California
SKINNYGIRL: Frankel Files Motion to Seal Documents in Class Action
STONE PONEY: Suit Seeks Reimbursement of Illegally Taken Tips
STONEMOR PARTNERS: Notice of Class Deal Approval Guidelines Filed
SULLIVAN TAXI: Suit Seeks to Recover Unpaid Overtime Premium Pay
TATTLE TAIL: Accused of Not Paying Employee Wages
TEIKOKU PHARMA: Sued by End-Payors Over Lidocaine Patch 5%
THORATEC CORP: Glancy Binkow Files Class Action in California
TORONTO, CANADA: Police Faces Class Action Over Racial Profiling
VISA INC: Plaintiff Appealed Rulings in "Stoumbos" Antitrust Suit
WELLS FARGO: Parties Drop Anti-Tying Claim in "Ursomano" Suit
YOUMAIL INC: Sends Unsolicited Advertising Texts, Suit Claims
*********
3T DESIGN: Recalls Cervelo Bicycles With Aduro Aero Handlebars
--------------------------------------------------------------
Starting date: February 4, 2014
Posting date: February 4, 2014
Type of communication: Consumer Product Recall
Subcategory: Sports/Fitness
Source of recall: Health Canada
Issue: Suspected quality concern
Audience: General Public
Identification number: RA-37863
Affected products: Cervelo P5 bicycles with 3T Aduro Aero
handlebars
The recall includes 2012 and 2013 Cervelo P5 bicycles equipped
with 3T Aduro aero handlebars. The bicycles are black with red
and white stripes. "P5" is on the seat tube, "Cervelo" is on the
top tube and a large "e" is on the down tube in white lettering.
The handlebars consist of four major components: a base bar, which
attaches to the bike; a forward extension mount, which attaches to
the base bar; forearm rests and forward extension bars, which
attach to the forward extension mount. The base bar is black with
red and white stripes and has "3T" on the top and rear. The
handlebars come with both a high and a low forward extension
mount, one of which will be installed based on customer fit.
Consumers can also purchase an ultra-low forward extension mount
separately. The words "Ultimate Performance" are on the forward
extensions.
The handlebars were manufactured between January 2012 and July
2012. Serial numbers for the handlebars are on a label inside the
base bar under the stem cap on the rear wall. The serial number
is the seven-digit number following "FM78-Basebar-." The
manufacture date code is the first four digits of the serial
number in the MMYY format. Date codes for the defective
handlebars range from 1201 to 1207. P5 bicycles which have
already been inspected and passed at retailers are distinguished
by a green sticker with an "e" on the underside of the Aduro base
bar.
The forward extension mounts can detach from the base bar while
riding causing the rider to lose control, posing a risk of injury.
3T Design has received a total of 28 reports of incidents,
including one report of a broken collar bone and four reports of
abrasions. Of the 28 incidents, two originated in Canada, however,
there were no Canadian reports of injuries related to the use of
these handlebars.
Health Canada has not received any reports of incidents or
injuries related to the use of these handlebars.
Approximately 225 units of affected product were sold in Canada.
Approximately 1,300 units of affected product were sold in the
United States.
The products were manufactured in China and sold from May 2012 to
August 2013 in Canada and the United States.
Companies:
Manufacturer 3T Design Ltd.
Hong Kong
China
Distributor Cervelo Cycles Inc.
Toronto
Ontario
Canada
Consumers should stop using the recalled bicycles immediately and
contact 3T Design to have the recalled handlebars replaced free of
charge with a modified set of Aduro aero handlebars installed with
the high or low mount.
AMERICAN HOME: Denial of Matrix Benefits to Harold Estate Upheld
----------------------------------------------------------------
In IN RE: DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE)
PRODUCTS LIABILITY LITIGATION, MDL NO. 1203, District Judge Harvey
Bartle, III, issued a memorandum with respect SHEILA BROWN, et al.
v. AMERICAN HOME PRODUCTS CORPORATION, CIVIL ACTION NO. 99-20593,
(E.D. Penn.).
The Estate of Thomas Harold, a representative claimant under the
Diet Drug Nationwide Class Action Settlement Agreement with Wyeth,
seeks benefits from the AHP Settlement Trust. Based on the record
developed in the show cause process, the Court must determine
whether the Estate has demonstrated a reasonable medical basis to
support its claim for Matrix Compensation Benefits and, if so,
whether the Estate met its burden of proving that the claim was
not based, in whole or in part, on any intentional material
misrepresentation of fact.
Judge Bartle concluded that the Estate has not met its burden of
proving that there is a reasonable medical basis for finding that
Mr. Harold had moderate mitral regurgitation. "Therefore, we will
affirm the Trust's denial of the Estate's claim for Matrix
Benefits and the related derivative claim submitted by Mr.
Harold's spouse," he said.
A copy of the District Court's January 10, 2014 Memorandum is
available at http://is.gd/ZgYB4Ufrom Leagle.com.
AMTRUST FINANCIAL: Pomerantz Law Firm Files Class Action in N.Y.
----------------------------------------------------------------
Pomerantz LLP on Feb. 4 disclosed that it has filed a class action
lawsuit against AmTrust Financial Services, Inc. and certain of
its officers. The class action, filed in United States District
Court, Southern District of New York, and docketed under 14-cv-736
is on behalf of a class consisting of all persons or entities who
purchased or otherwise acquired securities of AmTrust between
February 15, 2011 and December 11, 2013, both dates inclusive.
This class action seeks to recover damages against the Company and
certain of its officers and directors as a result of alleged
violations of the federal securities laws pursuant to Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule
10b-5 promulgated thereunder.
If you are a shareholder who purchased AmTrust securities during
the Class Period, you have until April 7, 2014 to ask the Court to
appoint you as Lead Plaintiff for the class. A copy of the
Complaint can be obtained at http://www.pomerantzlaw.com
To discuss this action, contact Robert S. Willoughby at
rswilloughby@pomlaw.com or 888-476-6529 (or 888-4-POMLAW), toll
free, x237. Those who inquire by e-mail are encouraged to include
their mailing address, telephone number, and number of shares
purchased.
AmTrust, through its subsidiaries, underwrites and provides
property and casualty insurance in the United States and
internationally. The company operates in four segments: Small
Commercial Business, Specialty Risk and Extended Warranty,
Specialty Program, and Personal Lines Reinsurance.
The Complaint alleges that throughout the Class Period, Defendants
made materially false and/or misleading statements regarding the
Company's business, operational and compliance policies.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose that the Company: 1) manipulated its
loan loss reserves in order to inflate reported earnings; 2)
manipulated its deferred tax liabilities; 3) underestimated the
discount rates for its life settlement contracts in an effort to
inflate the Company's reported assets and total stockholder's
equity; 4) the Company lacked adequate internal and financial
controls; and 5) as a result of the foregoing, the Company's
statements were materially false and misleading at all relevant
times.
On December 12, 2013, a report by analyst firm Geoinvesting
exposed certain alleged accounting improprieties at AmTrust. Such
improprieties included: 1) manipulation of the Company's loan loss
reserves; 2) manipulation of the Company's deferred tax
liabilities; and 3) underestimating the Company's discount rates
for its life settlement contracts.
On this news, shares of AmTrust fell $4.63 per share, more than
12%, on intraday trading, to a price of $33.67 on December 12,
2013.
The Pomerantz Firm, with offices in New York, Chicago, Florida,
and San Diego, -- http://www.pomerantzlaw.com-- concentrates its
practice in the areas of corporate, securities, and antitrust
class litigation. Founded by the late Abraham L. Pomerantz, known
as the dean of the class action bar, the Pomerantz Firm pioneered
the field of securities class actions.
ANZ BANK: Customers Obtain Partial Victory in Fee Class Action
--------------------------------------------------------------
ABC News reports that the ANZ bank may be liable to pay its
customers "tens of millions of dollars", according to the law firm
that led a successful class action against the bank over its fees.
The Federal Court on Feb. 5 handed a partial victory to ANZ
customers who joined in a class action to recoup $57 million in
fees. While consumer groups have claimed a significant win, ANZ
says the implications for the bank and its customers are far from
clear.
The court ruled that the late payment fees the bank charged
customers were extravagant, exorbitant and unconscionable. But
Justice Michele Gordon said that other fees the bank charged,
including honour and dishonour fees, and over-limit fees on credit
cards, were reasonable.
ANZ and Maurice Blackburn, which was running the class action on
behalf of 43,500 ANZ customers, have been directed to discuss
damages and penalties for the finding.
Andrew Watson, from Maurice Blackburn, says while establishing the
amount owed to affected customers would take weeks and the money
would likely not be repaid "voluntarily", he expected it to
stretch into the "tens of millions of dollars".
The late fee component is thought to make up about a quarter of
the total $57 million claim, taking the potential windfall down to
$14.5 million. The ruling opens the way for customers of other
banks to claim unfair treatment on fees. The action, which began
in September 2010, was the first of a series of bank-fee class
actions against a total of eight banks. The fees include honour
and dishonour fees on bank accounts, over-limit fees, and late
payment fees on credit cards.
Maurice Blackburn argued that charging the exception fees was
unconscionable, unfair and unjust. The lawyers claimed the bank
charged exorbitant fees of $20 to $45 for services that cost them
only a few cents or a few dollars to administer.
"Her Honour found that the costs to the bank in most instances
were 50 cents, in a few instances they were higher than that, in
one instance it was $5.50 -- so that gives you some indication of
the scale of the difference," Mr. Watson said.
ANZ chief executive Philip Chronican said he was pleased the court
found honour, dishonour, over-limit and non-payment fees were not
penalties.
"We've consistently been of the view that, while these fees have
attracted some attention and at times are unpopular, we believe
that they were legal and a legitimate fee for service and the
Federal Court has agreed with that," he said.
However in relation to late payment fees, he added: "The
implications of [the] decision for ANZ and its customers are still
far from clear and it is likely to be some time until this matter
is finally resolved."
"Ultimately this is an issue about our customers. What we've been
working hard to do over recent years is that we build a fair
relationship with our customers and we listen to feedback," he
said.
"As a result of that, in 2009 we reduced a number of fees, 27 fees
were abolished, we reduced the overdrawn and dishonour fees and we
lowered the late payment fee which is the one at issue
[Wednes]day from $35 to $20 and removed these fees altogether for
account holders that were recipients of government benefits.
"So while I don't think [the] judgment is the end of the matter,
it is clearly a significant step forward and one that hopefully
gets us closer to having this issue resolved and put behind us."
The class actions are funded by publicly listed litigator Bentham
IMF Australia. Bentham IMF says it believes late payment fees
make up approximately a quarter of the value of all of the claims
brought by members of the class action against the ANZ Bank. It
says it will try to speed up the recovery of those fees.
In 2012, a High Court decision paved the way for the trial in the
Federal Court.
ANZ previously said it was refunding roughly $70 million to about
235,000 of its home loan customers after overcharging them for
interest repayments.
BANK OF AMERICA: Faces "Galloway" Class Action Suit in Arizona
--------------------------------------------------------------
David Galloway, individually and on behalf of all others similarly
situated v. Bank of America Corporation and Bank of America NA,
Case No. 2:14-cv-00060-NVW (D. Ariz., January 13, 2014) alleges
breach of contract.
The Plaintiff is represented by:
H. Sullivan Bunch, Esq.
Kevin Richard Hanger, Esq.
BONNETT FAIRBOURN FRIEDMAN & BALINT PC
2325 E Camelback Rd., Suite 300
Phoenix, AZ 85016
Telephone: (602) 274-1100
Facsimile: (602) 274-1199
E-mail: vbunch@bffb.com
khanger@bffb.com
- and -
Hank Bates, Esq.
CARNEY BATES & PULLIAM PLLC
11311 Arcade Dr., Suite 200
Little Rock, AR 72212
Telephone: (501) 312-8500
Facsimile: (501) 312-8505
E-mail: hbates@cbplaw.com
CITIMORTGAGE INC: Sued Over Dual-Tracking and Late Fees
-------------------------------------------------------
Gregory P. Stokes and Marian N. Stokes, on behalf of themselves
and all others similarly situated v. CitiMortgage, Inc.; and Does
1-10, inclusive, Case No. 2:14-cv-00278-MRP-SH (C.D. Cal.,
January 13, 2014) is based upon the Defendants' alleged routine
business practices of illegally processing both foreclosures and
loan modifications at the same time (also known as "dual-
tracking") and of illegally charging late fees when a homeowner's
loan modification application is pending.
CitiMortgage, Inc. is a New York corporation headquartered in
O'Fallon, Missouri. The Company acquired and serviced some or all
of the mortgage loans that are the subject of the complaint and
include subprime and nonperforming residential mortgage loans.
The true names and capacities of the Doe Defendants are unknown to
the Plaintiffs at this time.
The Plaintiffs are represented by:
Vincent D. Howard, Esq.
Gregory H.D. Alumit, Esq.
HOWARD LAW PC
675 Anton Boulevard, First Floor
Costa Mesa, CA 92626
Telephone: (800) 872-5925
Facsimile: (888) 533-7310
E-mail: vhoward@howardlawpc.com
gregory.alumit@howardlawpc.com
- and -
David M. Arbogast, Esq.
ARBOGAST LAW, A PROFESSIONAL CORPORATION
11400 W Olympic Blvd., 2nd Floor
Los Angeles, CA 90064
Telephone: (310) 477-7200
Facsimile: (310) 943-0416
E-mail: david@arbogastbowen.com
The Defendants are represented by:
John Nadolenco, Esq.
Steven E. Rich, Esq.
MAYER BROWN LLP
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: (213) 229-9500
Facsimile: (213) 625-0248
E-mail: jnadolenco@mayerbrown.com
srich@mayerbrown.com
CLEMENT LTEE: Recalls Fairfield Girls' Sweaters With Drawstrings
----------------------------------------------------------------
Starting date: February 3, 2014
Posting date: February 3, 2014
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Strangulation Hazard
Audience: General Public
Identification number: RA-37787
The recall involves girls' fleece hooded sweaters sold under the
brand name Fairfield, model number JOC-9XY670-92. The sweaters
have a penguin printed on them and come in coral, pink and blue.
Health Canada's sampling and evaluation program has determined
that drawstrings on children's outerwear can become caught on
playground equipment, fences or other objects and result in
strangulation, or in the case of vehicles, the child being
dragged.
Neither Health Canada nor Clement Ltee has received reports of
incidents or injuries related to the use of this product.
Approximately 26 of the recalled sweaters were sold in Canada.
The recalled sweaters were manufactured in Bangladesh and sold in
January 2014 at Clement stores.
Companies:
Importer Clement Ltee
Quebec
Quebec
Canada
Consumers should immediately remove the drawstring from the
sweater to eliminate the hazard.
CLUB ONE: Notice of Class Settlement Approval Guidelines Filed
--------------------------------------------------------------
District Judge William Alsup issued a notice regarding factors to
be evaluated for any proposed class settlement in
RASHAN ABUHAMDEH, individually and on behalf of all others
similarly situated, Plaintiffs, v. CLUB ONE, LLC., Defendant,
NO. C 14-00415 WHA, (N.D. Cal.).
For the guidance of counsel, Judge Alsup said the following
factors will typically be considered in determining whether to
grant preliminary approval to a class settlement:
1. ADEQUACY OF REPRESENTATION.
2. DUE DILIGENCE.
3. COST-BENEFIT FOR ABSENT CLASS MEMBERS.
4. THE RELEASE.
5. EXPANSION OF THE CLASS.
6. REVERSIONS.
7. CLAIM PROCEDURE.
8. ATTORNEY'S FEES.
9. DWINDLING OR MINIMAL ASSETS?
10. TIMING OF PROPOSED SETTLEMENT.
11. A RIGHT TO OPT OUT IS NOT A CURE-ALL.
12. INCENTIVE PAYMENTS.
13. NOTICE TO CLASS MEMBERS.
A copy of the District Court's January 30, 2014 Notice is
available at http://is.gd/ZXUjoqfrom Leagle.com.
CLUB WAX: Fails to Pay Minimum Wage and Substantial OT, Suit Says
-----------------------------------------------------------------
Santana Hayes on behalf of herself and all persons similarly
situated v Club Wax, LLC. & Mr. Thomas Waters, Case No. 1:14-cv-
00106-WSD (N.D. Ga., January 13, 2014) alleges that the Defendants
failed to pay the Plaintiff and all others similarly situated the
minimum wage and substantial overtime for hours worked.
Club Wax, LLC is a Georgia limited liability company headquartered
in Atlanta, Georgia. The Defendant is the owner of Club Wax, a
resident within the Northern District of Georgia. Thomas Waters
is the beneficial owner of Club Wax. Club Wax is an adult
entertainment club located in Fulton County operated by the
Defendants.
The Plaintiff is represented by:
Harlan S. Miller, Esq.
PARKS, CHESIN & WALBERT, P.C.
75 14th Street, 26th Floor
Atlanta, GA 30309
E-mail: hmiller@pcwlawfirm.com
- and -
Stephen L. Minsk, Esq.
MINSK & ASSOCIATES, LLC
P.O. Box 720023
1451 Biltmore Drive, N.E.
Atlanta, GA 30328
Telephone: (770) 861-7201
E-mail: stephenminsk@minsklaw.com
COCA COLA CO: "Ambriz" Suit Transferred to C.D. Calif.
------------------------------------------------------
District Judge Jon S. Tigar issued an order transferring the case
captioned DANIEL AMBRIZ, Plaintiff, v. COCA COLA COMPANY,
Defendant, CASE NO. 13-CV-03539-JST, (N.D. Cal.) to the Central
District of California.
In this proposed California class action alleging California Labor
Code violations, Coca-Cola Company moved to dismiss, or
alternatively, to transfer this action to the Central District of
California on the basis of improper venue. The Plaintiff Daniel
Ambriz resides and worked for Coca-Cola in the Central District of
California, but filed this proposed class action in the Northern
District of California. Mr. Ambriz's central contentions in
opposing the motion are (1) that venue is proper in the Northern
District of California because jurisdiction over Coca-Cola exists
here and (2) that the Court should consider contacts between
absent members of the putative class in determining venue.
Judge Tigar rejected these contentions and concluded that venue is
improper in Northern District and, even if venue were proper, the
case should be transferred to the Central District of California
in the interests of justice and for the convenience of the parties
and witnesses.
In the alternative, the Court found that even if venue is proper
in the Northern District, the matter must be transferred to the
Central District of California for the convenience of parties and
witnesses, in the interest of justice, pursuant to 28 U.S.C.
Section 1404(a).
A copy of the District Court's January 27, 2014 Order is available
at http://is.gd/J7GCUCfrom Leagle.com.
COLLECTO INC: Accused of Violating Fair Debt Collection Act
-----------------------------------------------------------
Benjamin Ehrlich, on behalf of himself and all other similarly
situated consumers v. Collecto, Inc., d/b/a EOS CCA, Case No.
1:14-cv-00246-ARR-LB (E.D.N.Y., January 13, 2014) alleges that the
Company violated the Fair Debt Collection Practices Act.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
COOL POWER: Accuses of Violating FLSA by Not Paying Overtime
------------------------------------------------------------
Jarret Acevedo, individually and on behalf of all others similarly
situated v. Cool Power, LLC, Duke Schmider, and Peter Taormina,
Case No. 2:14-cv-00253-JS-AKT (E.D.N.Y., January 13, 2014) seeks
to recover unpaid wages, unpaid overtime wages, liquidated damages
and reasonable attorneys' fees under the Fair Labor Standards Act.
Cool Power, LLC is a New York domestic limited liability company
headquartered in Hauppauge, New York. The Company sells,
installs, and services air conditioning and heating equipment, oil
burners, plumbing fixtures and sells oil and other consumer goods.
The Individual Defendants are the co-owners of the Company.
The Plaintiff is represented by:
Albert Adam Breud, II, Esq.
FIRESTONE & BREUD, P.L.L.C.
356 Veterans Memorial Highway, Suite 3
Commack, NY 11725
Telephone: (631) 543-3030
Facsimile: (631) 543-2888
E-mail: breudlaw@optonline.net
- and -
Robert Wisniewski, Esq.
ROBERT WISNIEWSKI & ASSOCIATES P.C.
225 Broadway, Suite 1020
New York, NY 10007
Telephone: (212) 267-2101
Facsimile: (212) 267-8115
E-mail: rw@rwapc.com
COOL POWER: Sued in New York Over Unpaid Wages and Overtime Pay
---------------------------------------------------------------
Jarret Acevedo, individually and on behalf of all others similarly
situated v. Cool Power, LLC, Duke Schmider, and Peter Taormina,
Case No. 1:14-cv-00253 (E.D.N.Y., January 13, 2014) is brought to
recover unpaid wages, unpaid overtime wages, liquidated damages
and reasonable attorneys' fees under the Fair Labor Standards Act
of 1938, and the various regulations and policy statements
promulgated by the U.S. Department of Labor.
Cool Power, LLC, is a New York domestic limited liability company
with its principal place of business in Hauppauge, New York. The
has been serving the residents and businesses of Long Island since
1975, providing heating and air conditioning services to its
customers. The Individual Defendants are the co-owners of the
Company.
The Plaintiff is represented by:
Albert Adam Breud, II, Esq.
FIRESTONE & BREUD, P.L.L.C.
356 Veterans Memorial Highway, Suite 3
Commack, NY 11725
Telephone: (631) 543-3030
E-mail: breudlaw@optonline.net
- and -
Robert Wisniewski, Esq.
ROBERT WISNIEWSKI, P.C.
225 Broadway, Suite 1020
New York, NY 10007
Telephone: (212) 267-2101
E-mail: rw@rwapc.com
COUNTRYWIDE FINANCIAL: "Marino" Suit Removed to C.D. California
---------------------------------------------------------------
The class action lawsuit titled Anthony Marino v. Countrywide
Financial Corporation, et al., Case No. 30-02013-00689943, was
removed from the Superior Court of California for Orange County to
the United States District Court for the Central District of
California (Santa Ana). The District Court Clerk assigned Case
No. 8:14-cv-00046-JLS-AN to the proceeding.
The complaint accuses the Defendants of engaging in unsound
lending practices during the housing boom.
The Plaintiff is represented by:
George Henry Spizzirri, Esq.
806 East Avenida Pico, Suite I No 313
San Clemente, CA 92673
Telephone: (949) 218-4765
Facsimile: (949) 218-6737
E-mail: georgespizzirri@gmail.com
The Defendants are represented by:
Aileen Marie Hunter, Esq.
Katherine Mae Harrison, Esq.
Stuart W. Price, Esq.
BRYAN CAVE LLP
3161 Michelson Drive, Suite 1500
Irvine, CA 92612-4414
Telephone: (949) 223-7000
Facsimile: (949) 223-7100
E-mail: aileen.hunter@bryancave.com
katherine.harrison@bryancave.com
swprice@bryancave.com
- and -
Nafiz Cekirge, Esq.
BRYAN CAVE LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Telephone: (310) 576-2100
Facsimile: (310) 576-2200
E-mail: nafiz.cekirge@bryancave.com
COVENTRY HEALTH: Agrees to Settle Class Action for $3.6 Million
---------------------------------------------------------------
Jacklyn Wille, writing for Bloomberg BNA, reports that Coventry
Health Care Inc. agreed to pay $3.6 million to settle class action
claims of fiduciary breach by participants in its defined
contribution plan who challenged plan fiduciaries' decision to
hold company stock despite their alleged knowledge of the
company's misrepresented financial health (Boyd v. Coventry Health
Care Inc., 2014 BL 25933, D. Md., No. 8:09-cv-02661-AW, 1/31/14).
In addition to granting final approval of the settlement, the
Jan. 31 opinion by Judge Deborah K. Chasanow of the U.S. District
Court for the District of Maryland also granted class
certification to a class of more than 20,000 individuals.
Judge Chasanow also awarded class counsel attorneys' fees of $1
million, which represented about 28 percent of the recovery.
Class counsel requested fees of $1.2 million -- or one-third of
the recovery -- but Judge Chasanow reduced that amount after
considering fee awards in similar cases throughout the Fourth
Circuit and the nation.
The lawsuit was filed by participants in Coventry Health Care's
Section 401(k) plan. They alleged that Coventry and its top
officials breached their Employee Retirement Income Security Act-
imposed fiduciary duties by offering Coventry stock as a plan
investment option at a time when the company was allegedly making
misrepresentations about its business condition.
Specifically, the participants contended that the fiduciaries knew
of or recklessly disregarded certain adverse business conditions
that caused Coventry's stock price to decline from $40 per share
to $14 per share, including lengthy delays in processing claims
for a new Coventry Medicare Advantage business initiative called
Private Fee-For-Service.
In 2011, the court found that the participants stated a facially
plausible misrepresentation claim with respect to Coventry and two
of its chief officers and allowed them to proceed with those
claims.
Class Action Settlement
The settlement agreement requires Coventry to pay $3.6 million to
a 20,000-person class consisting of plan participants and
beneficiaries who held Coventry stock between February 2007 and
October 2008. According to the court, class members will receive
proportionate distributions based on their losses.
In addition to approving the settlement amount, the court also
found that class certification was appropriate, because the
proposed class satisfied the requirements of Rule 23 of the
Federal Rules of Civil Procedure, including Rule 23(b)(1).
The court said that the members of the class shared common
questions of law and fact, including whether the Coventry
defendants breached their fiduciary duties by continuing to offer
company stock as a plan investment option.
Attorneys' Fees
On the issue of attorneys' fees, the court found that class
counsel was entitled to a fee award of $1 million, or $200,000
less than the $1.2 million sought.
Although the court found that counsel's obtainment of a $3.6
million recovery was "commendable" given the challenges posed by
stock-drop litigation, it nevertheless found that a 33 percent fee
award wasn't warranted.
Finally, the court awarded class counsel full reimbursement of
$137,316 in litigation costs.
The participants were represented by John B. Isbister --
jisbister@tydingslaw.com -- and Toyja E. Kelley --
tkelley@tydingslaw.com -- of Tydings & Rosenberg LLP, Baltimore;
Robert I. Harwood -- rharwood@hfesq.com -- of Harwood Feffer LLP,
New York; and Thomas J. McKenna -- bgainey@gme-law.com -- of
Gainey McKenna & Egleston, New York. Coventry was represented by
Christopher A. Weals -- cweals@morganlewis.com -- Christopher E.
Hopkins-Gillispie -- chopkins-gillispie@morganlewis.com -- Gregory
C. Braden -- gbraden@morganlewis.com -- John R. Richards --
jrrichards@morganlewis.com -- and Sean K. McMahan --
smcmahan@morganlewis.com -- of Morgan Lewis & Bockius LLP,
Washington.
CUTLER SOHO: Fails to Properly Pay Overtime Premium, Suit Claims
----------------------------------------------------------------
Vicktor Stevenson and Gloria Espinoza, individually, and on behalf
of others similarly situated v. Cutler Soho, LLC, Cutler Park
Avenue, LLC, Daniro 57th Street Salon New York, LLC, Rodney
Cutler, Michael Gordon, Ben Stewart, Anthony Barrow, David Kastin,
XYZ Companies 1-10 (unidentified), and John and Jane Does A-Z
(unidentified), Case No. 1:14-cv-00240-AKH (S.D.N.Y., January 13,
2014) alleges that the Plaintiffs worked for the Defendants in
excess of 40 hours per week, without appropriate compensation for
the hours over 40 per week worked.
The Defendants own, operate, and control a group of hair salons
located at three locations in New York. The Individual Defendants
are owners, managers, principals, or agents of the Corporate
Defendants.
The Plaintiffs are represented by:
Benjamin S. Thompson, Esq.
THOMPSON & ASSOCIATES LLC
369 Lexington Avenue, Suite 327
New York, NY 10017
Telephone: (646) 770-1097
Facsimile: (646) 924-3040
E-mail: bthompson@thomplegal.com
DUANE READE: Did Not Properly Compensate Pharmacists, Suit Says
---------------------------------------------------------------
John Guerra, on behalf of himself and all others similarly
situated v. Duane Reade, Inc., Duane Reade Demanded Holdings, Inc.
and Walgreen Co., Case No. 1:14-cv-00254-SJ-JO (E.D.N.Y.,
January 13, 2014) alleges that the Plaintiff and others similarly
situated were employed by the Defendants and were not compensated
properly for all the hours they worked.
The Plaintiff and others similarly situated were employed as
pharmacists by Duane Reade, and subsequently, Walgreens.
Duane Reade Holdings, Inc. is a Delaware corporation, doing
business within the City and County of New York. Walgreens bought
Duane Reade in April 2010. Duane Reade is now a fully owned
subsidiary of Walgreens. Walgreens is an Illinois corporation.
The Defendants own and manage approximately 250 retail drug and
consumer convenience stores within New York City and its
surrounding metropolitan area.
The Plaintiff is represented by:
Robert Wisniewski, Esq.
ROBERT WISNIEWSKI & ASSOCIATES P.C.
225 Broadway, Suite 1020
New York, NY 10007
Telephone: (212) 267-2101
Facsimile: (212) 267-8115
E-mail: rw@rwapc.com
FEDERICO'S RESTAURANT: Class Seeks to Recover Spread of Hours Pay
-----------------------------------------------------------------
Mario Gonzalez Moreno, on behalf of himself and all others
similarly situated v. Federico's Restaurant Inc. d/b/a Toloache,
Toloache Franchising Corp., d/b/a Toloache, Julian Medina Garcia,
Brian Sobhan, and Louis Skibar, Case No. 1:14-cv-00242-PKC
(S.D.N.Y., January 13, 2014) is brought to recover unpaid minimum
wage, overtime and spread of hours pay, and other relief pursuant
to the Fair Labor Standards Act and the New York Labor Law.
Toloache Franchising Corp. and Federico's Restaurant Inc. are New
York corporations that own and operate Toloache, a restaurant
located in New York. Toloache prepares and serves Mexican cuisine
for customers on its premises. The Individual Defendants are
owners of Toloache.
The Plaintiff is represented by:
Louis Pechman, Esq.
Jessica N. Tischler, Esq.
BERKE-WEISS & PECHMAN LLP
488 Madison Avenue, 11th Floor
New York, NY 10022
Telephone: (212) 583-9500
Facsimile: (212) 308-8582
E-mail: pechman@bwp-law.com
tischler@bwp-law.com
FOREST RIVER: Recalls Wildcat Trailers Due to Incorrect GVWR Info
-----------------------------------------------------------------
Starting date: January 30, 2014
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety Mfr
System: Structure
Units affected: 5
Source of recall: Transport Canada
Identification number: 2014026
TC ID number: 2014026
On certain fifth wheel trailers, the Gross Vehicle Weight Rating
(GVWR) indicated on the compliance label may exceed the combined
load carrying capacity of the trailer axles as well as the trailer
hitch pin box. This could result in tire and axle overloading,
increasing the risk of a crash causing injury and/or damage to
property.
Owners will be sent a revised certification label with the correct
GVWR.
Affected products: 2013, 2014 Forest River Wildcat
GENERAL MOTORS: Recalls TRAX Vehicles Due Damaged Quick Connectors
------------------------------------------------------------------
Starting date: January 23, 2014
Type of communication: Recall
Subcategory: Car
Notification type: Safety Mfr
System: Fuel Supply
Units affected: 660
Source of recall: Transport Canada
Identification number: 2014019
TC ID number: 2014019
Manufacturer recall
number: 14017
On certain model vehicles, the quick connectors that join the fuel
lines to the fuel tank may not have been properly secured. As a
result, the fuel line might loosen or disconnect, resulting in a
fuel leak. Fuel leakage, in the presence of an ignition source,
could result in a fire causing property damage and/or personal
injury.
Dealers will inspect, and if necessary, secure the fuel line quick
connectors.
Affected products: 2014 Chevrolet TRAX model
GERAWAN FARMING: Faces Class Action Over Minimum Wage Violation
---------------------------------------------------------------
Diana Aguilera, writing for Merced Sun-Star, reports that a
federal class-action lawsuit was filed on Feb. 3 against Gerawan
Farming on behalf of current and former employees, who say the
company has failed to pay minimum wage, overtime, and state-
guaranteed paid rest breaks.
More than 20 employees gathered outside the federal courthouse in
downtown Fresno on Feb. 4, including the two plaintiffs named in
the lawsuit, Rafael Marquez Amaro and Jesus Alarcon Urzua.
Attorney Mario Martinez, who represents the workers, said the
lawsuit was on behalf of thousands of Gerawan field workers who
were paid by piece rate over the last four years. Workers said
earnings vary since they are paid by piece rate, but it was often
below minimum wage.
Mr. Martinez has previously represented the United Farm Workers,
which is currently embroiled in a dispute with Gerawan over union
representation. But Mr. Martinez said the class-action lawsuit
had nothing to do with the dispute.
Gerawan Farming issued a statement on Feb. 4 saying it has not
been served with the complaint, but adding that it did not short
workers on pay.
Gerawan Farming also noted that Mr. Martinez has been representing
UFW, which is "trying to impose itself on our employees." It said
that the workers were not aware of the union or its claim to speak
in their name when it resurfaced after a two-decade absence.
"We doubt that these same workers understand, or would agree, that
this same attorney can now claim to speak on their behalf through
this meritless lawsuit," the company added.
GLOBALINX PET: Court Tosses Class Cert. Bid in "Holt" Suit
----------------------------------------------------------
District Judge David O. Carter denied a motion for class
certification in JENNIFER HOLT, Plaintiff, v. GLOBALINX PET LLC,
et al., Defendants, CASE NO. SA CV 13-0041 DOC(JPRX), (C.D. Cal.).
The Plaintiff had sought class certification of five nationwide
classes. However, the Court held that "the Defendants have met
their burden and showed that the relevant consumer protection laws
are "materially different" across different jurisdictions covered
by the proposed nationwide classes, see Bruno, 280 F.R.D. at 550
(citing Mazza v. Am. Honda Motor Co., Inc., 666 F.3d 581, 590 (9th
Cir. 2012)), the Court concludes that the Plaintiff's proposed
classes do not meet the predominance and superiority requirements
of Rule 23(b)(3)."
Accordingly, the Court does not reach the question of whether
Plaintiff's proposed classes satisfy the threshold requirements of
Rule 23(a).
A copy of the District Court's January 30, 2014 Order is available
at http://is.gd/RIdTtufrom Leagle.com.
GREEN TREE: Sued in Ga. Over Fair Debt Collection Act Violations
----------------------------------------------------------------
Clarence Carr and all others similarly situated v. Green Tree
Servicing, LLC, Case No. 1:14-cv-00103-CC-WEJ (N.D. Ga.,
January 13, 2014) accuses the Company of violating the Fair Debt
Collection Practices Act.
The Plaintiff is represented by:
Harlan Stuart Miller, III, Esq.
PARKS CHESIN & WALBERT, P.C.
75 Fourteenth Street, N.E., 26th Floor
Atlanta, GA 30309
Telephone: (404) 873-8000
Facsimile: (404) 873-8015
E-mail: hmiller@pcwlawfirm.com
- and -
Stephen L. Minsk, Esq.
MINSK & ASSOCIATES, LLC
1451 Biltmore Drive, N.E.
Atlanta, GA 30329
Telephone: (770) 861-7201
E-mail: stephen_minsk@yahoo.com
HOME DEPOT: 9th Circuit Affirms Consumer Class Action Dismissal
---------------------------------------------------------------
Metropolitan News-Enterprise reports that a class action lawsuit
against Home Depot will not be certified for lack of a common
question of fact, the Ninth U.S. Circuit Court of Appeals held on
Feb. 3.
The court, in an opinion by Judge Ronald M. Gould, affirmed the
dismissal with prejudice of Benjamin Berger's suit after failing
to meet the certification requirement that common questions
predominate over individual issues under Federal Rules of Civil
Procedure Rule 23.
Mr. Berger filed a putative class-action claim against Home Depot,
alleging that the company automatically imposed a 10 percent fee
on tool rentals as part of a damage waiver. The waiver, if
purchased, allows customers to avoid liability if a particular
tool is damaged during the rental.
The damage avoidance provision was optional, but Mr. Berger
contended that the charge was being imposed on customers without
being informed that they could decline the surcharge, in violation
of California's Unfair Competition Law and common law theories of
unjust enrichment.
Home Depot did not deny that the fee was added to a rental charge
if a customer did not reject the waiver, but argued that customers
were informed of the optional nature of the fee by sales
associates, signs in stores, or the language of the final
contract.
The company has had five different versions of their tool rental
agreement since 2002, each discussing the agreement in a different
way. Mr. Berger argued that his class action should be divided
into subclasses to mirror the various agreements over that time
period.
Judge Gould declined to entertain the proposed subclasses as a
viable means for certifying the suit, explaining that Mr. Berger
only took part in one transaction, and was not a member of the
other subclasses thereby failing to be able to prosecute claims on
their behalf.
The case is Berger v. Home Depot USA, Inc., No. 11-55592.
ILLINOIS: Court Approves Monitor's Reports in Suit vs. Governor
---------------------------------------------------------------
In ETHEL WILLIAMS, et al., Plaintiffs, v. PAT QUINN, et al.,
Defendants, NO. 05 C 4673, (N.D. Ill.), the plaintiffs are a
certified class of Illinois residents with a mental illness who
are institutionalized in a privately owned Institution for Mental
Disease (IMD) and who, with appropriate supports and services, may
be able to live in an integrated community setting. The
defendants are the Governor of Illinois and State officials, sued
in their official capacities, who are responsible for the
integration mandate of Title II of the Americans with Disabilities
Act (ADA"), 42 U.S.C. Section 12101 et seq.
Following extensive discovery, which included the depositions and
reports of experts -- including the work of a team of experts from
Yale University -- the parties engaged in settlement discussions
with respect to conditions in the State of Illinois and reached
agreement on the provisions of a consent decree. Procedural
protections, including a statewide class notice and a fairness
hearing, were provided.
The court appointed, a well-qualified and experienced Monitor who
has served as a mental health commissioner and has had extensive
experience in mental health services programs. The Monitor has
submitted annual and interim reports to the court and the parties
of the progress of the program required by the Decree.
The case is now before the court for consideration of an interim
report of the Monitor for which comments and objections have been
filed. Mario Durham, the brother of a class member living in the
community, and certain IMDs have proposed the suspension of the
deinstitutonalization program and modifications of the Consent
Decree.
In a January 10, 2014 Opinion and Order available at
http://is.gd/Yh0qUtfrom Leagle.com, District Judge William T.
Hart, Sr., approved the Monitor's reports, and requested that the
Monitor provide the most recent Critical Incident Report, his
comments thereon and any available comparative date with all
future reports to the court. Mario Durham's motion for a hearing
was denied.
A status hearing will be held on July 10, 2014, at 2:00 p.m.
INTERTEK: Warns of Counterfeit cETLus Certification Mark
--------------------------------------------------------
Starting date: February 5, 2014
Posting date: February 5, 2014
Type of communication: Consumer Product Recall
Subcategory: Household Items
Source of recall: Health Canada
Issue: Labelling and Packaging
Audience: General Public
Identification number: RA-37803
The recall involves Brentwood steam irons that bear a counterfeit
Intertek (ETL) certification mark. The models affected include
MPI-52, MPI-57 and MPI-62.
The Brentwood steam irons bear a counterfeit cETLus certification
mark and have not been evaluated by Intertek. It is unknown if
these products are in compliance with the applicable safety
standard.
Health Canada has not received any reports of incidents or
injuries related to the use of these steam irons.
The number of units sold is unknown, but they were sold at
Amazon.com, Walmart, Best Buy and other retail and secondary
market outlets.
The units were manufactured in China and the time period sold is
unknown.
Companies:
Manufacturer Brentwood
Consumers should stop using the affected steam irons immediately.
JC BUNNY: Recalls Lao Gan Ma Seasoning Due to Undeclared Peanuts
----------------------------------------------------------------
Starting date: January 31, 2014
Type of communication: Recall
Alert sub-type: Allergy Alert
Subcategory: Allergen - Peanut
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: JC Bunny Bunny Trading Co. Ltd.
Distribution: British Columbia
CFIA reference number: 8589
Affected products: 275 g. Lao Gan Ma Seasoning where all codes
where peanuts are not declared in the list of ingredients
LENDER PROCESSING: Nevada AG Ordered to Pay Fraud Suit Legal Costs
------------------------------------------------------------------
Kyla Asbury, writing for Legal Newsline, reports that the Nevada
Attorney General's Office has been sanctioned by a district judge,
and Attorney General Catherine Cortez Masto has been ordered to
pay legal and discovery costs to Lender Processing Services after
the State failed to come up with evidence supporting a lawsuit
accusing the firm of defrauding homeowners.
LPS recently changed its name to Black Knight Financial Services.
Clark County District Judge Elizabeth Gonzalez ordered the state
to pay legal costs that could amount to $1 million to LPS, which
was accused by Ms. Masto of consumer fraud and engaging in an
illegal "robosigning" scheme.
Ms. Masto hired law firm Cohen Milstein Sellers & Toll to sue LPS
for allegedly violating state consumer-protection laws.
Mitchell Berger, an attorney with Berger Singerman who represented
LPS, said the order is a rare case of a judge finding the state's
highest legal officer acted improperly.
Judge Gonzales issued the decision on Jan. 30. Ms. Masto had
filed the lawsuit in December 2011, as well as criminal charges
against two employees.
On Jan. 31, Ms. Masto issued a statement declaring that she was
fighting for the people of Nevada against a company she accused of
deceptive trade practices and "widespread problems in the
execution and notarization of mortgage documents."
Ms. Masto made claims in 2009 that LPS also engaged in other
illegal practices as a mortgage servicer.
Mr. Berger said the claims were dubious, since LPS worked for
banks and not consumers.
"Judges have thrown out similar class-action suits by Cohen
Milstein and other firms," Mr. Berger said.
Mr. Berger said the state filed the lawsuit against LPS in
December 2011 but did not actually serve LPS until the following
year.
Mr. Berger said Nevada supplied 70,000 pages of mortgage documents
in which Judge Gonzalez ordered the State to also produce a
witness who could explain how the documents supported claims of
consumer-law violations.
Robo-signing is the practice of pushing foreclosure documents
through the system without going through legally prescribed steps
and having paperwork signed by people who lack the legal authority
to do so.
KEYUAN PETROCHEMICALS: Rosen Law Firm Files Class Action
--------------------------------------------------------
The Rosen Law Firm on Feb. 4 disclosed that it has filed a class
action lawsuit on behalf of investors who purchased: (a) common
stock of Keyuan Petrochemicals, Inc. during the period from
August 16, 2010 through October 7, 2011, or (b) Keyuan Units
pursuant to a confidential private offering memorandum dated
March 22, 2010, comprised of a first tranche that closed on
April 22, 2010 and a second tranche that closed on May 18, 2010.
Plaintiff seeks remedies under the federal securities laws against
Keyuan's former auditor Patrizio & Zhao LLC and certain of its
partners.
To join the Keyuan class action, visit the firm's website at
http://rosenlegal.com,or call Phillip Kim, Esq. or Kevin Chan,
Esq. toll-free, at 866-767-3653; you may also email at
pkim@rosenlegal.com or kchan@rosenlegal.com for information on the
class action. The case is pending in the U.S. District Court for
the District of New Jersey.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS
IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT
THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE.
According to the lawsuit, P&Z issued materially misleading "clean"
audit and review opinions for Keyuan's financial statements during
the class period. The suit asserts that P&Z knew there were
material undisclosed related party transactions that were not
disclosed in those same financial statements that P&Z audited
and/or reviewed. When the true facts became known, the suit
claims that Keyuan investors lost nearly the entire value of their
investment.
If you wish to serve as lead plaintiff, you must move the Court no
later than April 7, 2014. A lead plaintiff is a representative
party acting on behalf of other class members in directing the
litigation. If you wish to join the litigation, or to discuss
your rights or interests regarding this class action, please
contact Phillip Kim, Esq. or Kevin Chan, Esq. of The Rosen Law
Firm, toll-free, at 866-767-3653, or via e-mail at
pkim@rosenlegal.com or kchan@rosenlegal.com
You may also visit the firm's website at http://rosenlegal.com
The Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation.
KIA MOTOR: Recalls Sportage SUVs Over Incorrect Tire Pressure Info
------------------------------------------------------------------
Starting date: January 28, 2014
Type of communication: Recall
Subcategory: SUV
Notification type: Compliance Mfr
System: Label
Units affected: 1852
Source of recall: Transport Canada
Identification number: 2014024
TC ID number: 2014024
Manufacturer recall
number: RC088
Certain vehicles fail to comply with the requirements of Canada
Motor Vehicle Safety Standard 110 - Tire Selection and Rims. The
certification label does not contain correct tire pressure
information. Depending on tire size, the label may indicate
between 7 to 14 kPa / 1 to 2 psi below the correct tire pressures.
Correct tire pressure information can be found on the Tire Loading
and Information label, directly below the certification label.
Dealers will install a partial label overlay to block out the
error, in addition a sticker with the correct tire pressures will
be affixed to tire pressure information in the owner's manual.
Affected products: 2014 Kia Sportage model
KIMBERLY-CLARK GLOBAL: Fails to Pay for OT Work, Class Says
-----------------------------------------------------------
Traci Elias and Daphne Motley, and others similarly situated v.
Kimberly-Clark Global Sales, LLC, Case No. 1:14-cv-00096-AT (N.D.
Ga., January 13, 2014) is brought as a collective action on behalf
of the Plaintiffs and all other similarly situated employees
pursuant to the Fair Labor Standards Act.
By not paying overtime, Kimberly-Clark was able to personally
profit more from and pay itself a greater profit, salary and
benefits, the Plaintiffs contend.
Kimberly-Clark Global Sales, LLC is a global health and hygiene
leader that sells goods all over the world. The Company is a
Georgia corporation with a registered agent in Atlanta, Georgia.
The Plaintiffs are represented by:
Larry A. Pankey, Esq.
PANKEY & HORLOCK, LLC
4360 Chamblee Dunwoody Road, Suite 500
Atlanta, GA 30341-1055
Telephone: (770) 670-6250
Facsimile: (770) 670-6249
E-mail: lpankey@pankeyhorlock.com
M & R INSULATION: Insulator Mechanics Sues Over Unpaid OT & Wages
-----------------------------------------------------------------
Richard Rizzo, individually and on behalf of others similarly
situated v. M & R Insulation Systems, LLC and Marilyn Dabronzo,
Case No. 2:14-cv-00315-SD (E.D. Pa., January 13, 2014) is a
collective action brought pursuant to the Fair Labor Standards Act
to recover unpaid wages and unpaid overtime compensation owed to
the Plaintiff and other similarly situated to him, who are or were
employed by the Defendants as insulator mechanics.
Headquartered in Newtown, Pennsylvania, M & R Insulation Systems,
LLC is a private construction contractor performing industrial
insulation work for commercial customers. Marilyn Dabronzo is a
shareholder and is designated as the highest ranking officer of
the Company.
The Plaintiff is represented by:
Irwin W. Aronson, Esq.
WILLIG WILLIAMS & DAVIDSON
212 Locust St., Suite 504
Harrisburg, PA 17101
Telephone: (717) 221-1000
E-mail: iaronson@wwdlaw.com
MAGICJACK VOCALTEC: Court Grants Motion to Dismiss Class Action
---------------------------------------------------------------
magicJack VocalTec, Ltd., a cloud-based communications company, on
Feb. 4 disclosed that on January 29, 2014, the United States
District Court for the Southern District of New York granted the
Company's motion to dismiss Turner v. magicJack VocalTec Ltd. et
al, the securities class action lawsuit brought against the
Company and certain current and former officers. The Court
dismissed all claims asserted in the case.
About the magicJack Service
Millions of consumers have replaced traditional landlines with
magicJack, saving hundreds of dollars per year depending on the
current provider. The magicJack service allows users to keep
their existing phone number and utilize a home or office Internet
connection, with or without a computer. The magicJack PLUS device
costs $49.99 and includes six months of phone service with
additional service billed at $2.50/month for one year or
$1.66/month for 5-year plans. The low monthly price includes
unlimited local and long distance calls to the U.S. and Canada,
unlimited international calls to the U.S., unlimited magicJack-to-
magicJack calls worldwide, free Wi-Fi calls with the magicJack
app, free voicemail, caller ID, directory assistance, call
waiting -- all with no contracts.
About magicJack VocalTec Ltd.
magicJack VocalTec Ltd. (Nasdaq:CALL), the inventor of the
magicJack and the industry's original VoIP (voice over IP) service
in 2007, is a leading cloud communications company. With its
easy-to-use, low cost solution to telecommunications, the Company
has sold more than 10 million award-winning magicJack devices, now
in its third generation, and has the use of more than 30
technology patents. It is the largest-reaching CLEC (Competitive
Local Exchange Carrier) in the United States in terms of area
codes available and certification in number of states.
MOTT'S LLP: Court Narrows "Rahman" False Labeling Suit
------------------------------------------------------
District Judge Susan Illston granted in part and denied in part a
motion to dismiss with leave to amend the case captioned MOHAMMED
RAHMAN, individually, and on behalf of other members of the
general public similarly situated, Plaintiff, v. MOTT'S LLP, a
Delaware limited liability partnership; and DOES 1 through 10,
inclusive, Defendants, NO. CV 13-3482 SI, (N.D. Cal.).
This is a consumer class action. Defendant Mott LLP is the
manufacturer of various food products containing the statement "No
Sugar Added" on their labels and/or packaging. Plaintiff Mohammed
Rahman alleges that the use of the statement "No Sugar Added" on
Mott's 100% Apple Juice, Natural Applesauce, Healthy Harvest Sauce
Blueberry Delight, Healthy Harvest Sauce Country Berry, Mott's
Healthy Harvest Sauce Granny Smith, Healthy Harvest Sauce Peach
Medley, Medleys Cherry Berry Fruit and Veggie Snack, Medleys Peach
Apple Fruit and Veggie Snack, and Snack and Go Strawberry
Applesauce Pouch (the Class Products) does not comply with the
applicable Food and Drug Administration (FDA) regulations,
specifically 21 C.F.R. Section 101.60(c)(2). The Plaintiff
further alleges that defendant's failure to comply with the FDA
regulations violates California's Sherman Law, California Health
and Safety Code Section 109875 et seq. The Plaintiff alleges that
he purchased Mott's Original 100% Apple Juice and Mott's Natural
Applesauce after reading and relying on the products' "No Sugar
Added" labeling, and that he would not have purchased the products
if they did not contain the "No Sugar Added" labels.
Judge Illston ruled that the plaintiff has failed to properly
allege that the Defendant's sauce products are mislabeled under
federal and state law, and the plaintiff has only properly alleged
that defendant's 100% Apple Juice is mislabeled because it fails
to comply with 21 C.F.R. Section 101.60(c)(2)(v). Because all of
the claims in the Complaint are premised on plaintiff's contention
that the Class Products are mislabeled, the Court dismisses all of
plaintiff's claims against defendant's sauce products. Although
the Court has found several of plaintiff's allegations regarding
defendant's misconduct to be insufficient, the Court has found
that plaintiff has properly alleged that defendant's 100% Apple
Juice is mislabeled under 21 C.F.R. Section 101.60(c)(2)(iv).
Therefore, plaintiff has properly pleaded a cause of action for
breach of quasi-contract with respect to this alleged misconduct,
she said.
Accordingly, the Court grants in part and denies in part the
defendant's motion to dismiss the Complaint. If the plaintiff
wishes to amend the complaint, the plaintiff must do so by
February 24, 2014, she said.
A copy of the District Court's January 29, 2014 Order is available
at http://is.gd/HKEoosfrom Leagle.com.
NATURALCARE INC: Court Dismisses "Neal" Suit With Prejudice
-----------------------------------------------------------
Judge David O. Carter decertified the class in ALISA NEAL V.
NATURALCARE, INC., ET AL., CASE NO. EDCV 12-0531-DOC (OPX), (C.D.
Cal.) and dismissed the action is with prejudice.
NaturalCare, Inc. filed the Motion to Decertify. Plaintiff Alisa
Neal also filed a motion to substitute class representative.
According to Judge Carter, Ms. Neal lacked standing to assert the
causes of action in her First Amended Complaint -- the operative
complaint in this action and the foundation for her putative class
claims. The Court is satisfied that the deficiencies of the
complaint -- Ms. Neal's lack of standing -- cannot be cured by
amendment. Hypothetically, the complaint could have been amended
to add new parties, but only if Ms. Neal had done so before the
Court's dismissal. At this point, the Court is satisfied that Ms.
Neal herself cannot continue as a plaintiff. After this order is
issued, there will be no parties left in this action to amend the
complaint. Therefore, the Court finds that dismissal with
prejudice is warranted, he said.
Ms. Neal's Motion to Substitute Class Representative is vacated as
moot, and all scheduled dates are vacated.
A copy of the District Court's January 30, 2014 Opinion is
available at http://is.gd/oFhvwwfrom Leagle.com.
NCO FINANCIAL: Debt Collection Notices Violate FDCPA, Suit Says
---------------------------------------------------------------
Vincent Rogers, Individually, and on behalf of all others
similarly situated v. NCO Financial Systems, Inc., Case No. 3:14-
cv-00209-PGS-LHG (D.N.J., January 13, 2014) is brought on behalf
of all persons/consumers, who have received similar debt
collection notices and letters/communications from the Defendant
which are in violation of the Fair Debt Collection Practices Act.
NCO Financial Systems, Inc. is a corporation engaged in the
business of collecting debts, with an office located at in
Horsham, Pennsylvania.
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
LAW OFFICE OF ALAN J. SASSON, P.C.
1669 East 12 Street, 2nd Floor
Brooklyn, NY 11229
Telephone: (718) 339-0856
Facsimile: (347) 244-7178
E-mail: yzelman@sassonlaw.com
NORTHLAND GROUP: Accused of Violating Fair Debt Collection Act
--------------------------------------------------------------
Pesel Feder, on behalf of herself and all other similarly situated
consumers v. Northland Group Inc., Case No. 1:14-cv-00275-ENV-CLP
(E.D.N.Y., January 13, 2014) alleges violations of the Fair Debt
Collection Practices Act.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
NORTHROP GRUMMAN: Fails to Pay for OT Work, Suit Says
-----------------------------------------------------
Darlene Huebner, Individually, and on Behalf of All Others
Similarly Situated v. Northrop Grumman Corporation, Case No. 1:14-
cv-00217 (N.D. Ill., January 13, 2014) is brought on behalf of
individuals, who have worked for the Defendant in nonexempt
positions during the statutory period and who were not paid
overtime pay when they worked in excess of 40 hours per week.
Northrop Grumman Corporation is a global security company that
provides systems, products and services to customers in the state
of Illinois and across the country.
The Plaintiff is represented by:
Ryan F. Stephan, Esq.
Andrew C. Ficzko, Esq.
James B. Zouras, Esq.
Teresa M. Becvar, Esq.
STEPHAN ZOURAS, LLP
205 N. Michigan Avenue, Suite 2560
Chicago, IL 60601
Telephone: (312) 233-1550
Facsimile: (312) 233-1560
E-mail: rstephan@stephanzouras.com
aficzko@stephanzouras.com
jzouras@stephanzouras.com
tbecvar@stephanzouras.com
OCWEN LOAN: "Lee" Class Suit Alleges FDCPA Violations
-----------------------------------------------------
Daniel Lee and all others similarly situated v. Ocwen Loan
Servicing, LLC, Case No. 1:14-cv-00099-TCB-LTW (N.D. Ga.,
January 13, 2014) alleges violations of the Fair Debt Collection
Practices Act.
The Plaintiff is represented by:
Harlan Stuart Miller, III, Esq.
PARKS CHESIN & WALBERT, P.C.
75 Fourteenth Street, N.E., 26th Floor
Atlanta, GA 30309
Telephone: (404) 873-8000
Facsimile: (404) 873-8015
E-mail: hmiller@pcwlawfirm.com
- and -
Stephen L. Minsk, Esq.
MINSK & ASSOCIATES, LLC
1451 Biltmore Drive, N.E.
Atlanta, GA 30329
Telephone: (770) 861-7201
E-mail: stephen_minsk@yahoo.com
PORSCHE CARS: 911 Model Has Defective Coolant Hoses, Suit Claims
----------------------------------------------------------------
Eddy Dharma, on behalf of himself and all others similarly
situated v. Porsche Cars North America, Inc., Case No. 5:14-cv-
00181-RMW (N.D. Cal., January 13, 2014) alleges that Porsche's
2001-2009 model year 911s contain a dangerous but undisclosed
defect within the coolant system.
The Porsche 911 is one of the most popular and internationally
best-selling high-end sports cars, and, according to Porsche, "the
heart of the Porsche brand." Porsche promotes the 911 as a
versatile, high-performance vehicle ideal both for everyday
driving and racing. Older Porsche 911s are now common collector
cars, and consumers often purchase a 911 intending to own it
indefinitely.
The coolant hoses in Porsche 911 separate from the cooling system
without warning, resulting in gallons of coolant dumping onto the
vehicle's engine, rear tires, and the road, Ms. Dharma contends.
This in turn, she asserts, causes the vehicle to overheat, lose
traction, and produce a steam cloud resembling smoke that drivers
confuse for an engine fire.
Porsche Cars North America, Inc. is a Delaware corporation
headquartered in Atlanta, Georgia. Porsche is responsible for
selling, leasing, marketing, and distributing Porsche vehicles in
the United States, including in California.
The Plaintiff is represented by:
Eric H. Gibbs, Esq.
Dylan Hughes, Esq.
Rachel A. Naor, 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
ran@girardgibbs.com
PORTFOLIO RECOVERY: Accuses of Violating Fair Debt Collection Act
-----------------------------------------------------------------
Philip Katz, on behalf of himself and all other similarly situated
consumers v. Portfolio Recovery Associates, LLC, Case No. 1:14-cv-
00272-NGG-RER (E.D.N.Y., January 13, 2014) accuses the Company of
violating the Fair Debt Collection Practices Act.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
PRINCIPAL FINANCIAL: Accused of Suspending Customers' HELOCs
------------------------------------------------------------
Ray Padilla, individually and on behalf of all others similarly
situated v. Principal Financial Group, Inc., a Delaware
corporation; and Nationstar Mortgage Holdings, Inc., a Delaware
corporation, Case No. 1:14-cv-00225 (N.D. Ill. Jan 13, 2014) is
about the Defendants' alleged unlawful suspensions and reductions
of the Plaintiff's and its other customers' home equity lines of
credit.
Principal and Nationstar falsely claimed that the customer's home
had significantly declined in value when, in reality, it had not,
Mr. Padilla complains. In doing so, he argues, the Defendants
broke their contractual obligations and promises with their HELOC
account holders -- the intended result of which has been to
collectively deny the Class members their bargained-for access to
millions of dollars worth of affordable credit.
Principal Financial Group, Inc. is a Delaware corporation basedom
Des Moines, Iowa. Principal Financial provides banking services
and financial services for both individuals and businesses.
Nationstar Mortgage Holdings Inc. is a Delaware corporation
headquartered in Lewisville, Texas. Nationstar is a real estate
services company engaged primarily in the servicing of residential
mortgage loans for others as well as the origination and selling
or securitization of single-family conforming mortgage loans to
government-sponsored entities or other third-party investors.
The Plaintiff is represented by:
Joseph J. Siprut, Esq.
Gregg M. Barbakoff, Esq.
Gregory W. Jones, Esq.
SIPRUT PC 17 North State Street, Suite 1600
Chicago, IL 60602
Telephone: (312) 236-0000
Facsimile: (312) 267-1906
E-mail: jsiprut@siprut.com
gbarbakoff@siprut.com
gjones@siprut.com
The Defendant is represented by:
Joel S. Feldman, Esq.
Daniel Robert Thies, Esq.
SIDLEY AUSTIN LLP (CHICAGO)
One South Dearborn Street
Chicago, IL 60603
Telephone: (312) 853-2030
E-mail: jfeldman@sidley.com
dthies@sidley.com
- and -
Eric Stephen Mattson, Esq.
INTERNATIONAL JUSTICE MISSION
P.O. Box 58147
Washiongton, DC 20037
Telephone: (312) 853-7000
E-mail: emattson@sidley.com
RUSH TRUCK: Removed "Galdamez" Suit to C.D. Cal.
------------------------------------------------
The purported class action lawsuit styled Jorge Ramirez Galdamez
v. Rush Truck Centers of California Inc., et al., Case No.
BC528888, was removed from the Superior Court of California for
the County of Los Angeles to the United States District Court for
the Central District of California (Los Angeles). The District
Court Clerk assigned Case No. 2:14-cv-00275-SJO-VBK to the
proceeding.
The Plaintiff is represented by:
Brian J. Mankin, Esq.
Kathy A. Le, Esq.
FERNANDEZ AND LAUBY LLP
4590 Allstate Drive
Riverside, CA 92501
Telephone: (951) 320-1444
Facsimile: (951) 320-1445
E-mail: bjm@fernandezlauby.com
kle@fernandezlauby.com
The Defendants are represented by:
Christopher C. Hoffman, Esq.
James C. Fessenden, Esq.
Jonathan H. Liu, Esq.
FISHER AND PHILLIPS LLP
4747 Executive Drive, Suite 1000
San Diego, CA 92121
Telephone: (858) 597-9600
Facsimile: (858) 597-9601
E-mail: choffman@laborlawyers.com
jfessenden@laborlawyers.com
jliu@laborlawyers.com
SACRAMENTO D.E.A.: "Morrow" Suit Dismissed With Leave to Amend
--------------------------------------------------------------
In MICHAEL MORROW, Plaintiff, v. SACRAMENTO D.E.A., Defendant, NO.
2:13-CV-2188 GEB KJN PS, (E.D. Cal.), the Court on November 26,
2013, granted plaintiff's application to proceed in forma
pauperis, but also dismissed his complaint without prejudice. The
Court gave plaintiff leave to file an amended pleading, and the
plaintiff filed a First Amended Complaint on December 5, 2013.
According to Magistrate Judge Kendall J. Newman, while the
plaintiff's amended pleading sheds some light on the alleged
events underlying his claims, the amended pleading falls short of
the requirements described in the November 26, 2013 order.
Accordingly, the Court will give the plaintiff another opportunity
to amend his pleading so as to satisfy those requirements.
Specifically, Judge Newman ruled that:
1. The Plaintiff's First Amended Complaint is dismissed, but that
dismissal is with leave to amend so that plaintiff can correct
the pleading deficiencies described herein and those described
in the court's prior order.
2. The Plaintiff is granted 45 days from the entry of the order
to file a Second Amended Complaint that is complete in itself.
The Second Amended Complaint must bear the docket number
assigned to this case and must be labeled "Second Amended
Complaint."
3. Failure to timely file a Second Amended Complaint in accordance
with the order will result in a recommendation that this action
be dismissed.
A copy of the District Court's January 10, 2014 Order is available
at http://is.gd/0L1Hhxfrom Leagle.com.
SEGA AMUSEMENTS: Deceives Key Master Users, California Suit Says
----------------------------------------------------------------
Yael Kempe, On Behalf of Herself and All Others Similarly
Situated, and the General Public v. Sega Amusements U.S.A., Inc.;
Play It! Amusements, Inc.; Sega Holdings U.S.A., Inc.; Sega
Corporation; Sega Sammy Holdings Inc.; and Does 1 to 10,
Inclusive, Case No. 2:14-cv-00281-DMG-AGR (C.D. Cal., January 13,
2014) alleges that the Defendants' activities related to the
marketing and sale of Key Master for use by consumers are without
proper disclosure that "winning" the Game does not guarantee
winning the targeted prize, but rather, Key Master is pre-set to
only dispense prizes at set intervals, which constitutes unlawful,
unfair, deceptive, and fraudulent business practices.
The Defendants manufacture, market, sell, and distribute a variety
of amusement devices, including the player-operated amusement
device, "Key Master," to owner-operators for use by consumers.
The Plaintiff is represented by:
Francis M. Gregorek, Esq.
Betsy C. Manifold, Esq.
Rachele R. Rickert, Esq.
Marisa C. Livesay, Esq.
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
manifold@whafh.com
rickert@whafh.com
livesay@whafh.com
- and -
Fred T. Isquith, Esq.
Janine L. Pollack, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 545-4653
E-mail: isquith@whafh.com
pollack@whafh.com
- and -
Eduard Korsinsky, Esq.
Shannon L. Hopkins, Esq.
LEVI KORSINSKY LLP
30 Broad Street
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (866) 367-6510
E-mail: ek@zlk.com
shopkins@zlk.com
- and -
Jeff S. Westerman, Esq.
Jordanna G. Thigpen, Esq.
WESTERMAN LAW CORP.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 698-7450
Facsimile: (310) 201-9160
E-mail: jwesterman@jswlegal.com
jthigpen@jswlegal.com
SEIU: Civil Servants File Class Action in California
----------------------------------------------------
Michael Lipkin and Abigail Rubenstein, writing for Law360, report
that a group of California civil servants who are not union
members filed a putative class action on Jan. 31 against the
Service Employees International Union, claiming the union's
practice of deducting money for political activities from
employees' wages unless they opt out annually constitutes prior
restraint.
SEIU Local 1000 takes part of state employees' pay each pay cycle
for union dues as well as for its own nonbargaining political
activities, according to the suit, filed in California federal
court. But by asking employees to opt out of the political
contributions, the union creates a default option that is
unconstitutional, the suit claims.
The 18 named plaintiffs say the union sent out letters in June
with opt-out notices, but that not all plaintiffs received the
letter as required. They also allege that the 17-page document
does not mention the opt out procedure until the third page, where
a "grudging" explanation of the process is found in small print.
The process itself is also cumbersome, the suit claims, with
workers paying their own postage to send written statements to the
union to a new address each year. The suit compares the procedure
to the steps needed to join the union itself, which provides a
postage-paid envelope and does not require annual resubmissions.
The suit seeks an injunction against the union's current opt out
procedures and repayment of past charges for political expenses.
The plaintiffs are represented by W. James Young of the National
Right to Work Legal Defense Foundation and Steven R. Burlingham of
Gary Till & Burlingham.
Counsel information for SEIU was not immediately available on
Feb. 4.
The case is Kourosh Kenneth Hamidi et al. v. Service Employees
International Union Local 1000 et al., case number 2:14-cv-00319,
in the U.S. District Court for the Eastern District of California.
SKINNYGIRL: Frankel Files Motion to Seal Documents in Class Action
------------------------------------------------------------------
Suzy Kerr, writing for Reality TV Magazine, reports that
Bethenny Frankel, the former Real Housewives of New York City
star, has filed a motion requesting a judge seal all the documents
related to the class action lawsuit she's currently embroiled in.
So far the judge hasn't come back with a decision, and sources say
Bethenny is very worried about her private info becoming public.
According to RadarOnline, the ex Housewife filed paperwork back on
Dec. 6 asking a judge to keep all documents relating to her class
action lawsuit private. The lawsuit, which was filed in 2011,
alleges that Bethenny and her Skinnygirl company engaged in false
advertising with their product ingredients, with the plaintiff
requesting millions of dollars in damages.
A source close to the case says that Bethenny's big concern right
now is that the information in the court documents will become
public record, outing her trade secrets and personal business
information. In a deposition, the former Real Housewives of New
York City star said, "the transcript contains non-public,
commercially sensitive confidential and proprietary business
information." Some of the more worrisome pieces include "sales
data, business plans, research and marketing presentations," which
Bethenny thinks may damage her company if these are made public,
especially if competitors get their hands on the info.
The reality star turned talk show host has also hired a man by the
name of Dr. Ugone, who's an expert in something. Bethenny plans
to use his expertise in whatever it is to help defend her case,
and in the Dec. 6 filing, she's also asked that his testimony be
sealed as well.
So far, the judge hasn't issued a decision in the matter.
STONE PONEY: Suit Seeks Reimbursement of Illegally Taken Tips
-------------------------------------------------------------
Pura Scott, on her own behalf and on behalf of others similarly
situated v. Stone Poney, Inc., a Florida for-profit corporation,
Tim Bartlett, an individual, and Bernard De Raad, an individual,
Case No. 3:14-cv-00048-HLA-JBT (M.D. Fla., January 13, 2014) is a
collective action for unpaid minimum wage compensation, unpaid
overtime wage compensation, reimbursement of tips illegally taken,
liquidated damages and other relief under the Fair Labor Standards
Act.
Stone Poney, Inc., is a Florida for-profit company that owns and
operates the Caps on the Water restaurant located in St. Johns
County, Florida. Tim Bartlett is the general manager of the
Restaurant. Bernard De Raad is the president and sole officer of
the Company.
The Plaintiff is represented by:
Lowell J. Kuvin, Esq.
LAW OFFICE OF LOWELL J. KUVIN
17 East Flagler Street, Suite 223
Miami, FL 33131
Telephone: (305) 358-6800
Facsimile: (305) 358-6808
E-mail: lowell@kuvinlaw.com
STONEMOR PARTNERS: Notice of Class Deal Approval Guidelines Filed
-----------------------------------------------------------------
District Judge William Alsup issued a notice regarding factors to
be evaluated for any proposed class settlement in the case
captioned GEORGE SARKISOV, Plaintiff, v. STONEMOR PARTNERS L.P.
and STONEMOR GP LLC, Defendants, NO. C 13-04834 WHA, (N.D. Cal.).
For the guidance of counsel, Judge Alsup said the following
factors will typically be considered in determining whether to
grant preliminary approval to a class settlement:
1. ADEQUACY OF REPRESENTATION.
2. DUE DILIGENCE.
3. COST-BENEFIT FOR ABSENT CLASS MEMBERS.
4. THE RELEASE.
5. EXPANSION OF THE CLASS.
6. REVERSIONS.
7. CLAIM PROCEDURE.
8. ATTORNEY'S FEES.
9. DWINDLING OR MINIMAL ASSETS?
10. TIMING OF PROPOSED SETTLEMENT.
11. A RIGHT TO OPT OUT IS NOT A CURE-ALL.
12. INCENTIVE PAYMENTS.
13. NOTICE TO CLASS MEMBERS.
A copy of the District Court's January 9, 2014 Notice is available
at http://is.gd/WWfz7lfrom Leagle.com.
SULLIVAN TAXI: Suit Seeks to Recover Unpaid Overtime Premium Pay
----------------------------------------------------------------
John P. Sekoch, Individually and on Behalf of All Other Persons
Similarly Situated v. Sullivan Taxi, Inc. and Gary Putter, Jointly
and Severally, Case No. 7:14-cv-00245-VB (S.D.N.Y., January 13,
2014) alleges that the Plaintiff and other similarly situated
drivers are entitled to unpaid wages from the Defendants for
overtime work for which they did not receive overtime premium pay.
Sullivan Taxi, Inc. is a New York domestic corporation
headquartered in Liberty, New York. Gary Putter owns, operates
and controls the day-to-day operations and management of the
Company.
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
BRONSON LIPSKY LLP
630 Third Avenue, 5th Floor
New York, NY 10017
Telephone: (212) 392-4772
Facsimile: (212) 444-1030
E-mail: dlipsky@bronsonlipsky.com
- and -
Jeffrey Michael Gottlieb, Esq.
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
TATTLE TAIL: Accused of Not Paying Employee Wages
-------------------------------------------------
Nicole Rawley, Amanda Farnsworth, and Heather Whitlow,
individually and on behalf of all others similarly situated who
consent to their inclusion in a collective action v. Tattle Tail,
Inc. d/b/a Tattletale Lounge, a corporation; and Denis G. Kaufman
and Carleen J. Barnes, individuals, Case No. 1:14-cv-00090-AT
(N.D. Ga., January 13, 2014) arises from the Defendants' alleged
ongoing wrongful scheme to turn back the clock by denying their
employees any wage at all.
Tattle Tail, Inc. is a Georgia corporation. The Individual
Defendants are directors or officers of the Company. The
Defendants own and operate a successful and long-lived strip club.
The business of Defendants is to provide nude dancers and other
entertainment to customers of the club.
The Plaintiffs are represented by:
W. Anthony Collins, Jr., Esq.
SMITH COLLINS, LLC
8565 Dunwoody Place
Building 15, Suite B
Atlanta, GA 30350
Telephone: (770) 378-1408
E-mail: wicollin@hotmail.com
- and -
James R. Fletcher II, Esq.
MERRITT & FLETCHER, LLC
1265 West Spring St., Suite A
Smyrna, GA 30080
Telephone: (678) 607-6053
E-mail: jim@MerrittFletcher.com
TEIKOKU PHARMA: Sued by End-Payors Over Lidocaine Patch 5%
----------------------------------------------------------
Painters District Council No. 30 Health & Welfare Fund on behalf
of itself and all others similarly situated v. Teikoku Pharma USA,
Inc., Teikoku Seiyaku Co., Ltd., Endo Pharmaceuticals Inc., Watson
Pharmaceuticals, Inc., Watson Laboratories, Inc., and Actavis plc,
Case No. 2:14-cv-00289-CBM-AGR (C.D. Cal., January 13, 2014) is a
civil antitrust action brought on behalf of a proposed class of
end-payors, who indirectly purchased, reimbursed or otherwise paid
for lidocaine patch 5%, sold by Endo under the brand name
Lidoderm.
Lidoderm is a lidocaine-containing pain patch to treat pain
associated with post-herpetic neuralgia. The Plaintiff seeks
overcharge damages arising out of Endo/Teikoku's overarching
anticompetitive scheme that illegally delayed the availability of
less expensive generic versions of Lidoderm, an order enjoining
Defendants' anticompetitive conduct, and other relief.
Endo Pharmaceuticals Inc. is a Delaware corporation headquartered
in Chadds Ford, Pennsylvania. Endo markets and sells Lidoderm
throughout the United States.
Teikoku Seiyaku is a Japanese company headquartered in Kagawa,
Japan. Seiyaku is the owner, assignee or licensee of the '529
patent over which Endo and Teikoku sued Watson. Teikoku
manufactures Lidoderm in Japan for commercial sale in the United
States by Endo under a Manufacturing and Supply Agreement with
Endo. Endo pays Teikoku Seyaku royalties under that agreement.
Teikoku Pharma is a California corporation headquartered in San
Jose, California. Teikoku Pharma is a wholly-owned subsidiary of
Teikoku Seiyaku and is the holder of the New Drug Application for
Lidoderm.
Actavis plc is incorporated under the laws of Ireland and is
headquartered in Docklands Dublin 2, Ireland. Watson
Pharmaceuticals, Inc. changed its name to Actavis, Inc., as a
result of Watson Pharmaceuticals, Inc.'s acquisition of Swiss-
based Actavis Group.
Watson Pharmaceuticals, Inc., was a Nevada corporation
headquartered in Corona, California. Effective on January 24,
2013, Watson Pharmaceuticals, Inc. changed its name to Actavis,
Inc., which later became Actavis plc. Watson markets, produces
and distributes generic pharmaceutical products worldwide,
including in this judicial district.
The Plaintiff is represented by:
William J. O'Brien, Esq.
ONE LLP
9301 Wilshire Boulevard, Penthouse Suite
Beverly Hills, CA 90210
Telephone: (310) 866-5157
E-mail: wobrien@onellp.com
- and -
Marvin A. Miller, Esq.
Lori A. Fanning, Esq.
MILLER LA LLC
115 South LaSalle Street, Suite 2910
Chicago, IL 60603
Telephone: (312) 332-3400
E-mail: mmiller@millerlawllc.com
lfanning@millerlawllc.com
- and -
Joseph Burns, Esq.
Tiffany R. Reeves, Esq.
JACOBS, BURNS, ORLOVE & HERNANDEZ
150 North Michigan Avenue, Suite 1000
Chicago, IL 60601
Telephone: (312) 372-1646
E-mail: jburns@jbosh.com
treeves@jbosh.com
THORATEC CORP: Glancy Binkow Files Class Action in California
-------------------------------------------------------------
Glancy Binkow & Goldberg LLP, representing investors of Thoratec
Corporation, on Feb. 4 disclosed that it has filed a class action
lawsuit in the United States District Court for the Northern
District of California on behalf of a class comprising all
purchasers of Thoratec securities between April 29, 2010 and
November 27, 2013, inclusive.
A COPY OF THE COMPLAINT IS AVAILABLE FROM THE COURT OR FROM GLANCY
BINKOW & GOLDBERG LLP. PLEASE CONTACT US TOLL-FREE AT (888) 773-
9224, OR AT (212) 682-5340, OR BY EMAIL TO
SHAREHOLDERS@GLANCYLAW.COM TO DISCUSS THIS MATTER. IF YOU INQUIRE
BY EMAIL PLEASE INCLUDE YOUR MAILING ADDRESS, TELEPHONE NUMBER AND
NUMBER OF SHARES PURCHASED.
Thoratec researches, develops, manufactures and markets medical
devices for circulatory support and vascular graft applications.
The Company's products include a ventricular assist device, an
implantable left ventricular heart assist device, a vascular
access graft and a coronary artery bypass graft. The Complaint
alleges that, throughout the Class Period, defendants failed to
disclose that the Company's HeartMate II Left Ventricular Assist
Device had significant risk of pump thrombosis, causing numerous
fatalities.
If you are a member of the Class described above, you may move the
Court no later than March 25, 2014, to serve as lead plaintiff;
however, you must meet certain legal requirements. If you wish to
learn more about this action, or have any questions concerning
this announcement or your rights or interests with respect to
these matters, please contact Michael Goldberg, Esquire, of
Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite 2100,
Los Angeles, California 90067, Toll Free at (888) 773-9224, or
contact Gregory Linkh, Esquire, of Glancy Binkow & Goldberg LLP at
122 E. 42nd Street, Suite 2920, New York, New York 10168, at (212)
682-5340, by e-mail to shareholders@glancylaw.com or visit our
website at http://www.glancylaw.com
If you inquire by email please include your mailing address,
telephone number and number of shares purchased.
TORONTO, CANADA: Police Faces Class Action Over Racial Profiling
----------------------------------------------------------------
The Canadian Press reports that a class action complaint has been
filed with the Human Rights Tribunal of Ontario alleging racial
profiling by Toronto police.
The Toronto police services board and Chief Bill Blair are named
in the complaint filed on Feb. 4 by the Black Action Defense
Committee. The complaint alleges ongoing discrimination or
harassment by police based on race, colour, ancestry, place of
origin, citizenship, ethnic origin and age.
Black Action Defense is seeking a declaration that racial
profiling and carding involve racial discrimination and are a
violation of the Charter of Rights and Freedoms and the Ontario
Human Rights Code. It also wants police officers to be required
to carry a card telling them how to avoid engaging in racial
profiling and racial discrimination.
Black Action Defense is asking for $100 million compensation for
the "several dozen, perhaps thousands of people" because of the
"years of discrimination . . . harm and suffering both past,
present and future." The group has also filed a number of
lawsuits alleging racial profiling against Correctional Services
Canada, Ontario's Ministry of Community Safety and Corrections,
Toronto police and Peel police.
VISA INC: Plaintiff Appealed Rulings in "Stoumbos" Antitrust Suit
-----------------------------------------------------------------
Plaintiff Mary Stoumbos appealed to the United States Court of
Appeals for the District of Columbia Circuit from the Order and
Memorandum Opinion of the United States District Court for the
District of Columbia entered on February 13, 2013, and from the
Order and Memorandum Opinion of the District Court entered on
December 19, 2013, in favor of Defendants Visa Inc., et al. The
original case, Case No. 1:11-cv-01882-ABJ, alleges violations of
antitrust laws. The Appellate Court assigned Case No. 14-7005 to
the proceeding.
The Plaintiff-Appellant is represented by:
Douglas G. Thompson, Esq.
Michael G. McLellan, Esq.
FINKELSTEIN THOMPSON LLP
1055 30th Street, Suite 150
Washington, DC 20007
Telephone: (202) 337-8000
Facsimile: (206) 337-8090
E-mail: dthompson@finkelsteinthompson.com
mmclellan@finkelsteinthompson.Com
The Defendants-Appellees are represented by:
Matthew Adam Eisenstein, Esq.
Mark Ralph Merley, Esq.
ARNOLD & PORTER LLP
555 12th Street, NW
Washington, DC 20004-1206
Telephone: (202) 942-5000
E-mail: Matthew.Eisenstein@aporter.com
Mark.Merley@aporter.com
- and -
Kenneth A. Gallo, Esq.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
2001 K Street, NW
Washington, DC 20006
Telephone: (202) 223-7300
E-mail: kgallo@paulweiss.com
WELLS FARGO: Parties Drop Anti-Tying Claim in "Ursomano" Suit
-------------------------------------------------------------
In PATRICK URSOMANO, GIOVANNI CANONICO and URSULA CANONICO,
individually and on behalf of all others similarly situated,
Plaintiffs, v. WELLS FARGO BANK, N.A., WELLS FARGO INSURANCE,
INC., ASSURANT, INC., and AMERICAN SECURITY INSURANCE COMPANY,
Defendants, CASE NO. 13-CV-04381-EMC, (N.D. Cal.), the Parties
have agreed to the voluntary dismissal of Count One of the First
Amended Class Action Complaint, which alleges violation of the
Anti-Tying Provisions of the Bank Holding Act, 12 U.S.C.
Section1972, et seq., against Wells Fargo Bank, N.A., with
prejudice, thereby obviating the need for the Court to rule upon
or address any issues surrounding Count One of the FACC in
connection with the Motion to Dismiss.
District Judge Edward M. Chen approved the stipulation in a
January 30, 2014 Order available at http://is.gd/NEojW4from
Leagle.com. Each party will bear his, her or its own costs and
expenses, including attorneys' fees, and waives any rights of
appeal that may exist as to the dismissal of the claim under the
Anti-Tying Provisions of the Bank Holding Act.
KESSLER TOPAZ, MELTZER & CHECK, LLP, Peter A. Muhic --
pmuhic@ktmc.com -- (Pro Hac Vice) Edward W. Ciolko --
eciolko@ktmc.com -- Radnor, PA, and Eli R. Greenstein --
egreenstein@ktmc.com -- (SBN 217945), San Francisco, CA, Counsel
for Plaintiffs and the Proposed Classes.
SEVERSON & WERSON, P.C. Philip Barilovits -- pb@severson.com --
(Bar No. 199944), Michael J. Steiner -- mjs@severson.com -- (Bar
No. 112079), Mark D. Lonergan -- mdl@severson.com -- (Bar No.
143622), San Francisco, CA, Attorneys for Defendant Wells Fargo
Bank, N.A. and Wells Fargo Insurance, Inc.
YOUMAIL INC: Sends Unsolicited Advertising Texts, Suit Claims
-------------------------------------------------------------
James Holmes, individually and on behalf of all other similarly
situated v. YouMail, Inc.; Alex Quilici; Mike Rudolph; Vantage
Point Capital Partners; Saban Capital Group; Eric Ver Ploeg; Craig
Cooper, Case No. 8:14-cv-00048-DOC-AN (C.D. Cal., January 13,
2014) accuses the Defendants of sending the Plaintiff and millions
of other consumers unsolicited advertising text messages after
they had first been put on notice via the filing of a different
class action regarding their illegal and unsolicited text
messages.
YouMail, Inc. is a California corporation headquartered in Irvine,
California. YouMail provides feature-rich voice mail services for
cellular telephones, as an alternative to using the voice mail
that may come along with telephone service. Vantage Point Capital
Partners and Saban Capital Group are venture capital firms in
California. Vantage and Saban, through their agents, actively
participated in a common agreement among the Defendants to send
the telemarketing text messages that are the subject of this
lawsuit. The Individual Defendants are board members, investors,
executives or officers of YouMail.
The Plaintiff is represented by:
Joshua B. Swigart, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108-3609
Telephone: (619) 233-7770
Facsimile: (619) 297-1022
E-mail: josh@westcoastlitigation.com
- and -
Alexander H. Burke, Esq.
BURKE LAW OFFICES, LLC
155 N. Michigan Avenue, Suite 9020
Chicago, IL 60601
Telephone: (312)729-5288
Facsimile: (312)729-5289
E-mail: ABurke@BurkeLawLLC.com
*********
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