/raid1/www/Hosts/bankrupt/CAR_Public/140723.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, July 23, 2014, Vol. 16, No. 145
Headlines
4-H FLOWBACK: Faces "Loviette" Suit Over Failure to Pay Overtime
ABC CORP: "Ding" Suit Seeks to Recover Unpaid Wages & Damages
AIS RECOVERY: Sued in S.D. Alabama Over Violation of FDCPA
AMSPEC L.L.C.: Faces "Barbara" Suit Over Failure to Pay Overtime
BERKELEY CONTRACT: Court Grants Conditional Class Certification
BLUEGREEN CORPORATION: Faces "Best" Action Over Breach of FDCPA
BP PLC: Workers Can Sue Over Spill-Linked Retirement Losses
BRINK'S INCORPORATED: Faces "Philip" Suit Over Failure to Pay OT
CBL & ASSOCIATES: Faces Class Action Over Wheelchair Access
CEC ENTERTAINMENT: Court Tosses Motion to Remand "Ford" Suit
COINSTAR INC: Bid to Compel Information From Insurer Okayed
COLLINS & 74TH STREET: Suit Seeks to Recover Unpaid Overtime
COMPASS GROUP: Faces "Terrero" Suit over Unpaid Overtime Wages
CONSTANZA LLC: Suit Seeks to Recover Unpaid Minimum & OT Wages
CONSUMER ADJUSTMENT: "Watkins" Suit Dismissed Without Prejudice
CREDITSAFE USA: Faces "DeJesus" Suit Over Failure to Pay Overtime
CHARLES SMOLENY: "Aguilar" Suit Seeks to Recover Unpaid Overtime
EB PIZZA: Faces "Porter" Suit in Ohio Over Unpaid Overtime Wages
ENDOCYTE INC: Sued Over False & Misleading Company Statements
FALCON HOLDINGS: Faces "Cobb" Suit Over Failure to Pay Overtime
FAMILY MORTGAGE: Has Made Unsolicited Calls, "Duong" Suit Claims
FEDEX GROUND: Faces "Kumar" Suit for Failing to Pay Overtime
FERRELLGAS L.P: Lochraven Sunoco Sues Over Propane Price Fixing
FREUDENBERG-NOK SEALING: Fails to Pay Workers Overtime, Suit Says
GENERAL MOTORS: Key System Class Actions Transferred to MDL Court
H&R BLOCK: Court OKs Bid to Compel Arbitration in IRS Litigation
HHGREGG INC: Incentive Bonus Suit Obtains Class Action Status
HILLYARD INC: Court Denies Initial OK of "Christensen" Suit Deal
INDIANA: Sever Storey Law Firm Files Eminent Domain Class Action
INTERNATIONAL GAME: Does Not Pay for Patent Ideas, Suit Claims
IRONWOOD MGMT: Trial Ct. Ruling on Ex-Workers' Suit Partly Upheld
JOHN WILEY & SONS: Sued in N.D. Cal. Over Copyright Infringement
LION'S MOTORS: "Abreu" Suit Seeks to Recover Unpaid Overtime
LIONS GATE: Made False Statements Over Takeover Bid, Suit Claims
LIONS GATE: Robbins Arroyo Files Securities Class Action in NY
LIQUIDITY SERVICES: Sued Over False & Misleading Company Reports
MCDONNELL DOUGLAS PLAN: Sued Over Improper Benefits Calculation
MIAMI DRYWALL: "McClendon" Suit Seeks to Recover Unpaid Overtime
MIDLAND CREDIT: Bid to Compel Doc. and Witness Production Okayed
MONSANTO CO: Oct. 31 Deadline Set for Nitro Settlement Paperwork
NATIONAL COLLEGIATE: Does Not Pay Athletes Properly, Suit Claims
NEUSTAR INC: Bernstein Litowitz Files Securities Class Action
NEW YORK: Sued by Wardens Over Employment Discrimination Practice
OKLAHOMA: Faces Class Action Over DUI License-Revocation Process
OPTICAL DISK DRIVE: Panasonic Wins Dismissal of Acer Suit
PAL'S SHANTY: Does Not Pay Employees Overtime, Action Claims
PARTNER COMMUNICATIONS: Unit Faces NIS27-Mil. Class Action
PETROLOGISTICS LP: WeissLaw Files Securities Class Action
PLY GEM: Fails to Disclose Financial Status, Suit Claims
PLY GEM: Brodsky & Smith Law Firm Files Class Action in New York
QUALITY AUTO: Faces "Vaca" Suit Over Failure to Pay Overtime
REGADO BIOSCIENCES: Sued Over False & Misleading Company Reports
RES-CARE INC: Sued Over Failure to Pay Overtime Pursuant to FLSA
SOBTAX NY: Faces "Jones" Suit Over Failure to Pay Overtime Wages
SP AUSNET: Settles Bushfire Class Action for A$500 Million
TERRA HOLDINGS: Sued in N.Y. for Illegal Use of Consumer Reports
TRINITY HEALTH: Fails to Maintains Pension Plans, Suit Claims
TROTT & TROTT: Court Dismisses "Zapp" Suit with Prejudice
TWIN AMERICA: Oct. 20 Class Action Settlement Approval Hearing Set
UNITED FLOOR: "Aguilar" Suit Seeks to Recover Unpaid Overtime
US BANK: Statistical Sampling Used to Determine Liability in Suit
*********
4-H FLOWBACK: Faces "Loviette" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Tracy Lynn Loviette and Nicholas Gusa, on behalf of themselves and
all others similarly situated v. 4-H Flowback Services, Inc., Case
No. 6:14-cv-00607 (E.D. Tex., July 11, 2014), is brought against
the Defendant for failure to pay overtime wages pursuant to Fair
Labor Standards Act.
4-H Flowback Services, Inc. specializes in providing a range of
oil and gas support services to various oilfield installations
throughout the state.
The Plaintiff is represented by:
Jimmy Derek Braziel, Esq.
Melissa B. Wesley, Esq.
LEE & BRAZIEL LLP
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Telephone: (214) 749-1400
Facsimile: (214) 749-1010
E-mail: jdbraziel@l-b-law.com
ABC CORP: "Ding" Suit Seeks to Recover Unpaid Wages & Damages
-------------------------------------------------------------
Fu Rong Ding, individually and on behalf of all other employees
similarly situated v. ABC Corp. d/b/a Golden Star Chinese &
Japanese Cuisine, Kevin Lin, "John Doe" and "Jane Doe" #1-10, Case
No. 1:14-cv-04284 (E.D.N.Y., July 11, 2104), seeks to recover
unpaid wages for overtime work and liquidated damages, declaratory
relief, costs, interest and attorneys' fees pursuant to the Fair
Labor Standards Act.
ABC Corp. owns and operates a restaurant in New York known as
Golden Star Chinese & Japanese.
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC.
136-18 39th Ave., Suite 1003 Flushing
New York, NY 11354
Telephone: (718) 353-8588
E-mail: jhang@hanglaw.com
AIS RECOVERY: Sued in S.D. Alabama Over Violation of FDCPA
----------------------------------------------------------
Rubert Davis, Jr., individually and on behalf of a class of others
similarly situated v. AIS Recovery Solutions, LLC
d/b/a American Infosource LP, Case No. 1:14-cv-00325 (S.D. Ala.,
July 14, 2014), is brought against the Defendant for violation of
the Fair Debt Collection Practices Act.
AIS Recovery Solutions, LLC is a global financial services
company.
The Plaintiff is represented by:
Earl P. Underwood Jr., Esq.
21 South Section Street
Fairhope, AL 36532
Telephone: (251) 990-5558
Facsimile: (251) 990-0626
E-mail: epunderwood@gmail.com
AMSPEC L.L.C.: Faces "Barbara" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Charles Barbara and Robert Martinez, Jr. on Behalf of Themselves
and on Behalf of All Others Similarly Situated v. Amspec, L.L.C.,
Case No. 3:14-cv-00226 (S.D. Tex., July 14, 2014), is brought
against the Defendant for failure to pay overtime compensation
pursuant to Fair Labor Standards Act.
Amspec, L.L.C., provides inspection and testing of crude oil and
petrochemicals.
The Plaintiff is represented by:
Donny J. Foty, Esq.
KENNEDY HODGES LLP
711 W Alabama St
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: dfoty@kennedyhodges.com
BERKELEY CONTRACT: Court Grants Conditional Class Certification
---------------------------------------------------------------
ANDREA FREEMAN, et al., Plaintiffs, v. BERKELEY CONTRACT
PACKAGING, LLC and THE R.E.M. GROUP, INC., Defendants, NO. 3:12-
CV-1255-DRH-SCW, (S.D. Ill.) is before the Court on plaintiffs
Andrea Freeman, Angela Vasques, Jessica Barron, and Kenneth
Wylie's first amended combined motion to conditionally certify
class, order disclosures of putative class members' names and
contact information, and to facilitate class notice.
In a memorandum and order dated July 9, 2014, a copy of which is
available at http://is.gd/pCjwRlfrom Leagle.com, Chief District
Judge David R. Herndon granted in part and denied in part
plaintiffs' motion for conditional class certification. The Court
said the conditional certification of the collective action will
encompass a class defined as: All current and former employees of
Berkeley and The R.E.M. Group who have been employed as line
workers at the Berkeley plant located at 5628 Inner Park Drive,
Edwardsville, IL 62025 from July 9, 2011 to the present and who
worked in excess of 40 hours in a single workweek.
Plaintiffs' proposed notice is also authorized, subject to certain
modification.
Andrea Freeman, Plaintiff, represented by Eric W. Evans, Evans
Blasi LLC & Jason Andrew Charpentier -- jason@groweeisen.com --
Growe Eisen Karlen.
Angela Vasques, Plaintiff, represented by Eric W. Evans, Evans
Blasi LLC & Jason Andrew Charpentier, Growe Eisen Karlen.
Jessica Barron, Plaintiff, represented by Jason Andrew
Charpentier, Growe Eisen Karlen.
Kenneth Wylie, Plaintiff, represented by Jason Andrew Charpentier,
Growe Eisen Karlen.
The R.E.M. Group, Inc., Defendant, represented by Todd William
Sivia, Sivia Business & Legal Services, P.C.
Berkeley Contract Packaging, LLC, Defendant, represented by Thomas
P. Rosenfeld -- tom@ghalaw.com -- Goldenberg Heller et al. & Kevin
P. Green -- kevin@ghalaw.com -- Goldenberg Heller et al.
BLUEGREEN CORPORATION: Faces "Best" Action Over Breach of FDCPA
---------------------------------------------------------------
Roxanne Best and Dean Snapp, individually and on behalf of all
others similarly situated v. Bluegreen Corporation, Equifax
Information Services, LLC, and Experian Information Solutions,
Inc., Case No. 9:14-cv-80929 (S.D. Fla., July 14, 2014), is
brought against the Defendant for violation of the Fair Debt
Collection Practices Act, specifically by giving inaccurate and
misleading information to Credit Reporting Agencies.
Bluegreen Corporation advertised, marketed, financed, sold,
managed, and maintained vacation ownership interests to and for
consumers at numerous accommodations and facilities.
Equifax Information Services, LLC, and Experian Information
Solutions, Inc. are credit reporting agencies.
The Plaintiff is represented by:
Tyson Jaymes Pulsifer, Esq.
Shannon L. Zetrouer, Esq.
WESTERMAN WHITE ZETROUER
146 2nd St. N, Ste. 100
St. Petersburg, FL 33701
Telephone: (727) 329-8956
E-mail: szetrouer@wwz-law.com
BP PLC: Workers Can Sue Over Spill-Linked Retirement Losses
-----------------------------------------------------------
Laurel Brubaker Calkins and Margaret Cronin Fisk, writing for
Bloomberg News, report that BP Plc employees can sue managers of
the company's retirement savings plan over losses related to the
2010 Gulf of Mexico oil spill, a U.S. appeals court said.
The New Orleans-based appellate court, citing a recent Supreme
Court ruling, on July 15 rejected U.S. District Judge Keith
Ellison's 2012 decision denying claims for millions of dollars in
losses suffered by the plans.
The suits questioned plan managers' investment in BP's shares,
which dropped more than 40 percent after the worst offshore spill
in U.S. history and still haven't completely recovered in value.
The plan managers "knew or should have known, based on a variety
of sources, that BP shares were not a prudent investment," the
workers alleged in their complaints.
Citing then-prevailing legal precedent, Ellison, of Houston,
dismissed the claims because retirement-plan managers who invest
in company stock were entitled to a "presumption of prudence"
shielding them from litigation.
Last month, the Supreme Court unanimously ruled in an unrelated
case that company managers aren't entitled to that presumption
when dealing with savings plans covered by the Employee Retirement
Income Security Act.
'Same Duty'
"ERISA fiduciaries managing a plan invested in company stock are
subject to the same duty of prudence as any other ERISA
fiduciary," the three-judge appeals panel said on July 15, citing
the high court order.
The panel sent the workers' suits back to Ellison for
reconsideration in light of the new standard.
"BP does not believe the plaintiffs satisfy these new standards
and intends to renew its motion to dismiss in the district court,"
Geoff Morrell, a spokesman for London-based BP, said in a
statement.
Tom Ajamie, a lawyer for the workers, didn't immediately return
telephone or e-mail requests for comment on the ruling.
The case is In Re: BP P.L.C. Securities, 12-20670, U.S. Court of
Appeals for the Fifth Circuit (New Orleans).
BRINK'S INCORPORATED: Faces "Philip" Suit Over Failure to Pay OT
----------------------------------------------------------------
Achamma Philip, Individually and on behalf of all others similarly
situated v. Brink's, Incorporated, Case No. 1:14-cv-04286
(E.D.N.Y., July 13, 2014), seeks to recover unpaid wages for
overtime work and liquidated damages, declaratory relief, costs,
interest and attorneys' fees pursuant to the Fair Labor Standards
Act.
Brink's, Incorporated provides armored vehicle and property
protection services to customers across the United States and
internationally.
The Plaintiff is represented by:
Abdul Karim Hassan, Esq.
ABDUL HASSAN LAW GROUP, PLLC
215-28 Hillside Avenue
Queens Village, NY 11427
Telephone: (718) 740-1000
Facsimile: (718) 740-2000
E-mail: abdul@abdulhassan.com
CBL & ASSOCIATES: Faces Class Action Over Wheelchair Access
-----------------------------------------------------------
Benjamin Horney, writing for Law360, reports that shopping mall
real estate investment trust CBL & Associates Properties Inc. was
hit on July 11 with a proposed class action in Pennsylvania
federal court that claims architectural barriers at a number of
the company's malls illegally limit access for wheelchair users.
Christopher Mielo, who relies on a wheelchair, claims Pennsylvania
shopping malls owned and operated by Tennessee-based CBL have
accessibility barriers, including excessive slopes in parking
spaces and access aisles, blocking independent use of the
facilities by wheelchair users, in violation of the Americans with
Disabilities Act.
"While defendant has centralized management policies regarding the
design, construction and maintenance of its facilities, those
policies are inadequate, and defendant's facilities continue to be
inaccessible to, and not independently usable by individuals who
use wheelchairs," the complaint said.
According to his complaint, during a June visit to the Monroeville
Mall in Monroeville, Pennsylvania, Mr. Mielo had unnecessary
difficulty and risk using his wheelchair due to sloped surfaces
steeper than a 2 percent grade in ostensibly accessible parking
spaces and access aisles.
Mr. Mielo subsequently had investigators examine multiple retail
locations owned and operated by CBL, and they found ADA violations
at the Monroeville Mall, the Monroeville Annex, the Westmoreland
Mall and the Westmoreland Crossing, the complaint said. Each of
locations had similar violations, according to the complaint.
Mr. Mielo intends to continue shopping at CBL's facilities but
will not be able to do so unless the violations are corrected,
according to the complaint.
"Unless defendant is required to remove the access barriers . . .
plaintiff will continue to be denied full access to defendant's
facilities . . . and will be deterred from fully using defendant's
facilities," the complaint said.
The proposed class would comprise all wheelchair users who have
attempted or will attempt to access CBL's facilities, according to
the complaint.
Mr. Mielo seeks a declaratory judgment that the facilities violate
the ADA by not being fully accessible to and independently usable
by individuals who use wheelchairs, and a permanent injunction
requiring CBL to remove the architectural barriers and come into
full compliance with ADA requirements.
Mr. Mielo previously filed a nearly identical complaint, accusing
Wendy's International Inc. subsidiary Wendy's Old Fashioned
Hamburgers of New York Inc. of having similar accessibility
barriers, including excessive slops in parking spaces and access
aisles.
The plaintiff is represented by R. Bruce Carlson --
bcarlson@carlsonlynch.com -- Stephanie Goldin --
sgoldin@carlsonlynch.com -- and Carlos R. Diaz --
cdiaz@carlsonlynch.com -- of Carlson Lynch Ltd.
The case is Christopher Mielo, et al., v. CBL Associates
Properties Inc., case number 2:14-cv-00934, in the United States
District Court for the Western District of Pennsylvania.
CEC ENTERTAINMENT: Court Tosses Motion to Remand "Ford" Suit
------------------------------------------------------------
District Judge Richard Seeborg denied a motion to remand the case
captioned FRANCHESCA FORD, individually, and on behalf of other
members of the general public similarly situated, Plaintiff, v.
CEC ENTERTAINMENT, INC., a Kansas corporation; and DOES 1 through
10, inclusive, Defendants, NO. CV 14-01420 RS, (N.D. Cal.).
Franchesca Ford filed this putative class action in state court,
alleging Defendant CEC Entertainment, Inc. (CEC) violated various
California wage-and-hour laws. CEC removed the case, invoking
jurisdiction under the Class Action Fairness Act (CAFA). Ford
sought to remand, contending CAFA's $5 million amount in
controversy requirement has not been satisfied.
Because CEC has adequately demonstrated the amount in controversy
exceeds $5 million, the motion is denied, conluded Judge Seeborg.
A copy of the District Court's July 10, 2014 Order which is
available at http://is.gd/3r1UqYfrom Leagle.com.
Francesca Ford, Plaintiff, represented by Katherine Ward Kehr --
Katherine.Kehr@Capstonelawyers.com -- Capstone Law APC, Matthew
Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com --
Capstone Law APC, Jonathan Lee, Capstone Law APC, Liana Carol
Carter, Capstone Law APC & Stan Karas --
Stan.Karas@CapstoneLawyers.com -- Capstone Law APC.
CEC Entertainment, Inc., Defendant, represented by Julia Ingrid
DeBeers -- jdebeers@akingump.com -- Liz Kathryn Bertko --
lbertko@akingump.com -- Akin Gump Strauss Hauer and Feld LLP &
Donna Marie Mezias -- dmezias@akingump.com -- Akin Gump Strauss
Hauer & Feld LLP.
COINSTAR INC: Bid to Compel Information From Insurer Okayed
-----------------------------------------------------------
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a
Pennsylvania Company, Plaintiff, v. COINSTAR, INC., et al.,
Defendants, CASE NO. C13-1014-JCC, (W.D. Wash.) is before the
Court on Defendant/Counterclaimant's motion to compel certain
information, and National Union's motion for a protective order
barring a Rule 30(b)(6) deposition.
District Judge John C. Coughenour in an order dated July 10, 2014,
a copy of which is available at http://is.gd/UQygVcfrom
Leagle.com, granted the motion to compel and denied the motion for
a protective order.
Accordingly, National Union is ordered to show cause by July 25,
2014, why it should not pay the reasonable attorneys fees of
Defendants in bringing the motion.
National Union Fire Insurance Company of Pittsburgh, PA, a
Pennsylvania Company, Plaintiff, represented by Stephen G Skinner
-- stephen.skinner@andrews-skinner.com -- ANDREWS SKINNER.
Coinstar, Inc., Defendant, represented by John S Rossiter, Jr --
Rossiter@perkinscoie.com -- PERKINS COIE & Nicholas Peter Gellert
-- NGellert@perkinscoie.com -- PERKINS COIE.
Redbox Automated Retail, LLC, Defendant, represented by John S
Rossiter, Jr, PERKINS COIE & Nicholas Peter Gellert, PERKINS COIE.
Redbox Automated Retail, LLC, Counter Claimant, represented by
John S Rossiter, Jr, PERKINS COIE & Nicholas Peter Gellert,
PERKINS COIE.
Coinstar, Inc., Counter Claimant, represented by John S Rossiter,
Jr, PERKINS COIE & Nicholas Peter Gellert, PERKINS COIE.
National Union Fire Insurance Company of Pittsburgh, PA, a
Pennsylvania Company, Counter Defendant, represented by Stephen G
Skinner, ANDREWS SKINNER.
COLLINS & 74TH STREET: Suit Seeks to Recover Unpaid Overtime
------------------------------------------------------------
Buenaventura Vargas Calderon, Lorenzo Vargas Calderon and all
others similarly situated under 29 U.S.C. 216(b) v. Collins & 74th
Street, Inc. d/b/a M & L Market, Mohammed S. Hossain, Case No.
1:14-cv-22585 (S.D. Fla., July 11, 2014), seeks to recover unpaid
overtime and minimum wages for work performed in excess of 40
hours weekly.
Collins & 74th Street, Inc. owns and operates a grocery store know
as M & L Market.
The Plaintiff is represented by:
Jamie H. Zidell, Esq.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: 865-7167
E-mail: ZABOGADO@AOL.COM
COMPASS GROUP: Faces "Terrero" Suit over Unpaid Overtime Wages
--------------------------------------------------------------
Cesar Terrero, on behalf of himself and all others similarly
situated v. Compass Group USA, Inc., Case No. 1:14-cv-04283
(E.D.N.Y., July 11, 2014), seeks to recover unpaid minimum wages,
unpaid overtime compensation, liquidated damages prejudgment and
post-judgment interest, and attorneys' fees and costs.
Compass Group USA, Inc. is engaged in providing food services.
The Plaintiff is represented by:
Jodi Jill Jaffe, Esq.
JAFFE GLENN LAW GROUP, P.A.
Building 2, Suite 220
168 Franklin Corner Road
Lawrenceville, NJ 08648
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: jjaffe@jaffeglenn.com
CONSTANZA LLC: Suit Seeks to Recover Unpaid Minimum & OT Wages
--------------------------------------------------------------
Johnny Ramirez-Forci, on behalf of himself, and others similarly
situated v. Constanza, LLC and Wilson Rosado, Case No. 1:14-cv-
05170 (S.D.N.Y., July 11, 2014), seeks to recover unpaid minimum
wages, unpaid overtime compensation, liquidated damages
prejudgment and post-judgment interest, and attorneys' fees and
costs.
Constanza, LLC is a wholesale food products distribution company
located at 631 East 219th Street, Bronx, New York 10467.
The Plaintiff is represented by:
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Telephone (212)209-3933
Facsimile (212) 209-7102
E-mail: pcooper@jcpclaw.com
CONSUMER ADJUSTMENT: "Watkins" Suit Dismissed Without Prejudice
---------------------------------------------------------------
District Judge John A. Ross dismissed, without prejudice, the case
captioned TONY WATKINS, Plaintiff, v. CONSUMER ADJUSTMENT CO.,
INC., and ROGER WEISS, Defendants, NO. 4:13-CV-2240 JAR, (E.D.
Mo.). The Plaintiff's Motion for Class Certification is also
denied as moot, according to Judge Ross's July 9, 2014 memorandum
and order, a copy of which is available at http://is.gd/bWSnjR
from Leagle.com.
The Plaintiff filed a lawsuit on February 14, 2013, in Jefferson
County, Missouri, against one of the two defendants in this case,
Consumer Adjustment Company, Inc. (CACi), alleging, inter alia,
that CACi violated the Telephone Consumer Protection Act, 47 USC
Section 227 et seq. (TCPA) by calling his cellular telephone
without express consent to do so. On March 26, 2013, the
Plaintiff filed a Chapter 7 voluntary bankruptcy petition in the
United States Bankruptcy Court for the Eastern District of
Missouri. The Plaintiff did not list his TCPA claim against
Defendants as an asset in his bankruptcy Schedule B or otherwise
indicate to either the bankruptcy court or the trustee that the
claim existed. The Bankruptcy Court discharged Plaintiff's debt on
July 3, 2013 and prior to doing so, appointed a trustee. On
September 16, 2013, Plaintiff voluntarily dismissed his state
court action without prejudice.
On November 7, 2013, the Plaintiff filed the putative class action
against CACi and Defendant Roger Weiss alleging violations of the
TCPA. The Plaintiff alleged that CACi, a debt collector, violated
the TCPA by using an automatic dialing system to call his cellular
telephone number more than ten times in an attempt to collect a
debt. The Plaintiff further alleged that Weiss authorized and
approved CACi's conduct. The Plaintiff sought statutory damages
and injunctive relief on behalf of himself and a class consisting
of "(1) all consumers in the United States; (2) to whom Defendants
placed any call using an automatic telephone dialing system; (3)
where the consumer did not expressly consent to Defendants calling
the consumer's cellular telephone; (4) during the four year period
beginning before the filing of the original complaint and ending
on the date of class certification."
The Defendants moved to dismiss Plaintiff's complaint for lack of
standing and judicial estoppel. The Defendants argued that only
the bankruptcy trustee has standing to bring this pre-petition
cause of action, which is the property of the bankruptcy estate.
In addition, the Defendants argued that Plaintiff's action is
judicially estopped because he did not disclose the alleged pre-
petition TCPA violations in his bankruptcy proceedings. In
response, the Plaintiff stated that he amended Schedule B of his
bankruptcy petition on February 26, 2014 to include his TCPA claim
as an asset, and that his counsel has now been retained to
represent the bankruptcy trustee. Thus, Defendants' arguments
concerning lack of standing and judicial estoppel are moot.
Judge Ross concluded that it is questionable whether the
bankruptcy trustee would be a proper representative of the
proposed class. "Because Plaintiff's pre-petition cause of action
is an interest in property that belongs to the bankruptcy estate,
he lacks standing to pursue these claims and the action will be
dismissed," he said.
CREDITSAFE USA: Faces "DeJesus" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Nicholas DeJesus, individually and on behalf of all others
similarly situated v. Creditsafe USA Inc., Case No. 5:14-cv-04229
(E.D. Pa., July 14, 2014), is brought against the Defendant for
failure to pay overtime compensation pursuant to Fair Labor
Standards Act.
Creditsafe USA Inc. is a provider of on-line company credit
reports.
The Plaintiff is represented by:
Derrek William Cummings, Esq.
Larry A. Weisberg, Esq.
MCCARTHY WEISSBERG CUMMINGS, P.C.
2041 Herr Street
Harrisburg, PA 17103-1624
Telephone: (717) 238-5707
Facsimile: (717) 233-8133
E-mail: dcummings@mwcfirm.com
lweisberg@mwcfirm.com
CHARLES SMOLENY: "Aguilar" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Ramiro Aguilar, individually, and Class Representation on behalf
of others similarly situated v. Charles Smoleny, individually,
Plantation Spice Growers Nursery, Inc., a for profit Florida
corporation; and, Aquarian Ventures, Inc., a for profit Florida
corporation, Case No. 1:14-cv-22608 (S.D. Fla. July 14, 2014),
seeks to recover money damages for unpaid overtime wages under the
Fair Labor Standards Act.
Plantation Spice Growers Nursery, Inc. and Aquarian Ventures, Inc.
are nurseries which grow and ship landscape material domestically
and abroad, mostly to the Caribbean islands.
The Plaintiff is represented by:
Anthony Sanchez, Esq.
Anthony F. Sanchez, P.A.
6701 Sunset Drive, Suite 101
Miami, FL 33143
Telephone: (305) 665-9211
Facsimile: (305) 328-4842
E-mail: afs@laborlawfla.com
EB PIZZA: Faces "Porter" Suit in Ohio Over Unpaid Overtime Wages
----------------------------------------------------------------
Nicole Porter v. Eb Pizza, LLC, Brant Semplak and Erdem Bingul,
Case No. 1:14-cv-01532 (N.D. Ohio, July 11, 2014), seeks to
recover unpaid wages for overtime work and liquidated damages,
declaratory relief, costs, interest and attorneys' fees pursuant
to the Fair Labor Standards Act.
Eb Pizza, LLC is a restaurant that conducts business in Cuyahoga
County, Ohio.
The Plaintiff is represented by:
Brian D. Spitz, Esq.
SPITZ LAW FIRM
Ste. 290, 4620 Richmond Road
Warrensville Heights, OH 44128
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: brian.spitz@spitzlawfirm.com
ENDOCYTE INC: Sued Over False & Misleading Company Statements
-------------------------------------------------------------
Vivian Oh Revocable Trust, individually and on behalf of all
others similarly situated v. Endocyte, Inc. and P. Ron Ellis, Case
No. 1:14-cv-01162 (S.D. Ind., July 13, 2014), alleges that the
Defendants made false and misleading statements as well as failed
to disclose material adverse facts about the Company's business,
operations and prospects.
Endocyte, Inc. is a biopharmaceutical company developing targeted
therapies for the treatment of cancer and inflammatory diseases.
The Plaintiff is represented by:
Kathleen M. Sweeney, Esq.
Charles C. Hayes
SWEENEY HAYES LLC
141 East Washington Street, Suite 225
Indianapolis, IN 46204
Telephone: (317) 491-1050
Facsimile: (317) 491-1043
E-mail: ksween@gmail.com
charleshayes.atty@gmail.com
- and -
Lionel Z. Glancy, Esq.
Micheal Goldberg, Esq.
Robert v. Prongay, Esq.
Elaine Chang, Esq.
GLANCY BINKNOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: lglancy@glancylaw.com
mgoldberg@glancylaw.com
rprongay@glancylaw.com
echang@glancylaw.com
FALCON HOLDINGS: Faces "Cobb" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Earl Cobb and Rickia Stevenson, on behalf of themselves, and all
other plaintiffs similarly situated, known and unknown v. Falcon
Holdings, LLC d/b/a Church's Chicken and Sharon Jones,
Individually, Case No. 1:14-cv-05348 (N.D. Ill., July 14, 2014),
is brought against the Defendant for failure to pay overtime
compensation pursuant to Fair Labor Standards Act.
Falcon Holdings, LLC is a nationwide fast food establishment known
as Church's Chicken.
The Plaintiff is represented by:
Meghan A. Vanleuwen, Esq.
John William Billhorn, Esq.
BILLHORN LAW FIRM
120 S. State Street, Suite 400
Chicago, IL 60603
Telephone: (312) 513-9555
E-mail: mvanleuwen@billhornlaw.com
jbillhorn@billhornlaw.com
FAMILY MORTGAGE: Has Made Unsolicited Calls, "Duong" Suit Claims
----------------------------------------------------------------
Henry Duong, individually and on behalf of all others similarly
situated v. Family Mortgage Options, LLC., a California limited
liability company, doing business as Family Foreclosure Rescue,
Case No. 3:14-cv-01657 (S.D. Cal., July 14, 2014), is brought
against the Defendant for negligently and intentionally contacting
the Plaintiff on the cellular telephone, in violation of the
Telephone Consumer Protection Act.
Family Mortgage Options, LLC, provides services that help
individuals and families avoid foreclosure.
The Plaintiff is represented by:
Zack Broslavsky, Esq.
Jonathan A. Weinman, Esq.
Broslavsky & Weinman, LLP
11755 Wilshire Blvd., Suite 1250
Los Angeles, CA 90025
Telephone: (310) 575-2550
Facsimile: (310) 464-3550
E-mail: zbroslavsky@bwcounsel.com
jweinman@bwcounsel.com
FEDEX GROUND: Faces "Kumar" Suit for Failing to Pay Overtime
------------------------------------------------------------
Hardeep Kumar and Victor Mallh, on their own behalf and for all
others similarly situated v. Fedex Ground Package System, Inc.,
Fedex Corporation, Credit To Get It Inc., Tameka Y. Jones also
known as Tameka Jones Neville, Quicksilver Parcel Service Inc.,
John M. Jeanmarie, Two Far Global Inc., Holger Farias, and John
Does 1-10, Case No. 1:14-cv-04274 (E.D.N.Y., July 11, 2014), seeks
to recover statutory overtime for all hours worked in excess of 40
hours per week, liquidated damages in an equal amount, and their
reasonable attorney fees and costs of litigation.
Fedex Ground Package System, Inc. provides courier services,
including package pickup and delivery services throughout the
United States.
The Plaintiff is represented by:
Ira Newman, Esq.
Anthony P. Consiglio, Esq.
LAW OFFICE OF IRA S. NEWMAN
98 Cutter Mill Road, Suite 441-south
Great Neck, NY 11021
Telephone: (516) 487-7375
Facsimile: (516) 487-0113
E-mail: inewman@mindspring.com
anthony.consiglio.esq@gmail.com
FERRELLGAS L.P: Lochraven Sunoco Sues Over Propane Price Fixing
---------------------------------------------------------------
Lochraven Sunoco, Inc., individually and on behalf of a class of
all others similarly situated v. Ferrellgas, L.P.; Ferrellgas
Partners, L.P.; Amerigas Propane, Inc.; Amerigas Propane, L.P.;
Amerigas Partners, L.P.; and UGI Corporation, Case No. 2:14-cv-
02336 (D. Kan., July 11, 2014), alleges that the Defendants
conspired to reduce the amount of propane they would put in their
tanks and thereby raise the per-pound price of propane across the
country.
Ferrellgas, L.P. and Amerigas Propane, Inc. are two largest
distributors of propane exchange tanks.
The Plaintiff is represented by:
Robert W. Coykendall, Esq.
MORRIS, LAING, EVANS, BROCK & KENNEDY, CHTD.
300 N. Mead Street, Suite 200
Wichita, KS 67202-2745
Telephone: (316) 262-2671
Facsimile: (316) 262-6226
E-mail: rcoykendall@morrislaing.com
FREUDENBERG-NOK SEALING: Fails to Pay Workers Overtime, Suit Says
-----------------------------------------------------------------
Christopher Doerner and Devin Grosswiler on behalf of themselves
and all others similarly situated v. Freudenberg-Nok Sealing
Technologies, Case No. 14-cv-01551 (N.D. Ohio, July 14, 2014), is
brought against the Defendant for failure to pay overtime
compensation pursuant to Fair Labor Standards Act.
Freudenberg-Nok Sealing Technologies operates a plant in the City
of Milan, County of Erie, State of Ohio.
The Plaintiff is represented by:
Brian D. Spitz, Esq.
SPITZ LAW FIRM
Ste. 290, 4620 Richmond Road
Warrensville Heights, OH 44128
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: brian.spitz@spitzlawfirm.com
GENERAL MOTORS: Key System Class Actions Transferred to MDL Court
-----------------------------------------------------------------
Kyla Asbury, writing for Legal Newsline, reports that the multiple
class action lawsuits that were brought against General Motors for
its allegedly defective key systems have been transferred to
multidistrict litigation court.
The more than 40 lawsuits -- which were previously filed in the
districts in California, Florida, Illinois, Indiana, Louisiana,
Massachusetts, Michigan, New York, Ohio, Oklahoma, Pennsylvania
and Texas -- have been transferred to the U.S. District Court for
the Southern District of New York, according to the transfer order
filed June 9.
"The parties have suggested a number of able transferee districts
and judges," the order states. "We have settled upon the Southern
District of New York as the most appropriate choice. The Southern
District of New York is the site of the bankruptcies of both
General Motors and Delphi."
The Southern District of New York Bankruptcy Court already has
been called upon by both General Motors and certain plaintiffs to
determine whether the 2009 General Motors bankruptcy Sale Order
prohibits plaintiffs' ignition switch defect lawsuits, according
to the order.
"Several judges in this district, including Judge Jesse M. Furman,
have heard appeals related to General Motors' bankruptcy and,
therefore, have some familiarity with the common defendant and its
prior bankruptcy proceedings," the order states. "Judge Furman is
an experienced transferee judge with the ability to handle these
complex proceedings expeditiously."
A motion for centralization and coordination into MDL was first
filed on March 24.
"The common questions of fact and law between the pending
overlapping proposed class actions, the efficiencies to be gained
through centralized discovery and motion practice and the
alleviation of the risk of inconsistent pretrial rulings all favor
centralization of these related cases concerning the alleged
ignition switch defect . . . " the motion stated.
One lawsuit, which was filed in the U.S. District Court for the
Northern District of California on March 24 by owners and
lease-holders of GM cars, claimed GM concealed the problem for a
decade.
The plaintiffs in that case -- Galdina Maciel, Daniel Cortex,
Cindy Wade, Zachary DeWitt, Roberta Cheraso, Demetrius Smith,
Jenee Byrd, Asuhan Leyva, Jim Gresik, Barbara Ellis Steele, Maria
Raygoza, Barbara Gray and Michele Bennett -- purchased or leased
vehicles manufactured by GM, including the 2005-2010 Chevrolet
Cobalt, 2006-2007 Chevrolet HHR, 2006-2007 Pontiac Solstice,
2005-2007 Pontiac G5, 2003-2007 Saturn Ion and 2007 Saturn Sky
vehicles.
Each of the defective vehicles contains a "uniformly designed
ignition switch, which is substantially similar for all of the
defective vehicles," according to the suit.
The plaintiffs, who bought and leased GM's cars in a number of
states, claim the key system on the vehicles is prone to fail
during ordinary and foreseeable driving situations.
The plaintiffs claim GM fraudulently concealed material facts
regarding the scope and extent of problems with its key system,
which has been linked to at least 31 crashes and 13 fatalities
nationally.
The suit contends that GM knew its key system posed an
"increase[ed] risk of injury or fatality" as far back as 2001 but
failed to take proper steps to correct the defects, which could
cause certain Chevrolet, Pontiac and Saturn cars to shut down
without warning while being driven.
In addition to rendering the cars' power steering and brakes
inoperable, the ignition failures caused the safety airbags to
stop functioning, putting drivers at extreme risk in a collision,
the plaintiffs claim.
U.S. Judicial Panel on Multidistrict Litigation case number: 2543
H&R BLOCK: Court OKs Bid to Compel Arbitration in IRS Litigation
----------------------------------------------------------------
In IN RE: H&R BLOCK IRS FORM 8863 LITIGATION. Bullock v. HRB Tax
Group, Inc., 13-0422, Green v. H&R Block, Inc., 13-1076, Ortega v.
HRB Tax Group, Inc., 13-1058, Pooley v. HRB Tax Group, Inc., 13-
1060, and Wilkerson v. HRB Tax Group, Inc., 13-1056, MASTER CASE
NO. 4:13-MD-02474-FJG, (W.D. Mo.), pending before the Court are:
(1) Defendants' Motion to Compel Certain Named Plaintiffs to
Arbitrate and Strike and Dismiss Certain Class Allegations; and
(2) Plaintiffs' Motion to Strike Facts and Arguments Raised
for the First Time in Defendants' Reply Suggestions.
District Judge Fernando J. Gaitan, Jr., in an order dated July 11,
2014, a copy of which is available at http://is.gd/QSpsMOfrom
Leagle.com, finds that striking plaintiffs' class allegations is
premature, as the plaintiffs have not yet filed a consolidated
complaint. "The Court may reconsider defendants' arguments after
the filing of a consolidated complaint (if such consolidated
complaint contains class allegations as to those persons who
signed H&R Block's CSAs but failed to opt out)," he said.
"Therefore, defendants' motion to strike is denied as premature."
The Court grants defendants' motion to compel arbitration as to
Kirsten Bullock, Melissa and Ian Anderson, and Rachelle and Nigel
Gayle. The claims of plaintiffs Kirsten Bullock, Melissa and Ian
Anderson, and Rachelle and Nigel Gayle must be arbitrated pursuant
to the terms of the CSA. Plaintiffs Kirsten Bullock, Melissa and
Ian Anderson, and Rachelle and Nigel Gayle and defendants are
further ordered to submit, in 90-day intervals after the date of
entry of the Order, joint status reports advising the Court on the
progress of arbitration.
Kirsten Bullock, WDMO 13-0422, Plaintiff, represented by Ben
Barnow, Barnow and Associates, P.C., Geoffrey S. Meyerkord,
Meyerkord & Meyerkord LLC & John S. Steward, Steward Law Firm LLC.
Jayne Hunt, on behalf of herself and all others similarly
situated, WDMO 13-01050, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC, John R. Climaco,
Climaco Law Firm, John A. Peca, Climaco Wilcox Peca Tarantino &
Garofoli Co., LPA, Melanie H. Muhlstock, Parker Waichman Alonso,
LLP & Timothy W. Clary, Climaco Wilcox Peca Tarantino & Carofoli
Co., LPA.
Rich Hunt, on behalf of himself and all others similarly, WDMO 13-
01050, Plaintiff, represented by Eric D. Holland, Holland Groves
Schneller & Stolze LLC, John R. Climaco, Climaco Law Firm, John A.
Peca, Climaco Wilcox Peca Tarantino & Garofoli Co., LPA, Melanie
H. Muhlstock, Parker Waichman Alonso, LLP & Timothy W. Clary,
Climaco Wilcox Peca Tarantino & Carofoli Co., LPA.
Mark Wilkerson, as a representative of the class defined herein,
WDMO 13-01056, Plaintiff, represented by Doris A. Kim, Gray &
White, Mark K. Gray, Gray & White, Matthew L. White, Gray & White
& Ben Barnow, Barnow and Associates, P.C.
Anastasia Wilkerson, as a representative of the class defined
herein, WDMO 13-01056, Plaintiff, represented by Doris A. Kim,
Gray & White, Mark K. Gray, Gray & White, Matthew L. White, Gray &
White & Ben Barnow, Barnow and Associates, P.C.
Juan Ortega, individually and on behalf of all others similarly
situated, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Jeanette Tongay, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Michelle Brantley, WDMO 13-01058, Plaintiff, represented by Brian
C Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Catherine Zirkel, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Cynthia Bryce, individually and on behalf of all others similarly
situated, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Thomas James, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Darren Tucker, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Kathleen Connelly-Brown, WDMO 13-01058, Plaintiff, represented by
Brian C Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman
and Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Beverly Hand, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Amy McAfee, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Kelley Mannix, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Nathan Poole, Jr, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Tommi Head, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Anastasia Wishon, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Twana Barrett, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Bianca Venters, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Phillip Mann, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Meredith McLeod, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Brian Flaherty, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Kristy Fast, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Rachel Flaherty, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Taryn Knox, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Joseph Page, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Ellen Tucker, WDMO 13-01058, Plaintiff, represented by Brian C
Gudmundson, Zimmerman Reed PLLP, Daniel L Germain, Rosman and
Germain LLP, David M Cialkowski, Zimmerman Reed PLLP, Eric D.
Holland, Holland Groves Schneller & Stolze LLC & J. Gordon Rudd,
Jr, Zimmerman Reed, PLLP.
Danielle Pooley, on behalf of herself and all others similarly
situated, WDMO 13-01060, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC, Sander D.
Friedman, Law Office of Sander D. Friedman, LLC & Wesley Glenn
Hanna, Law Office of Sander D. Friedman, LLC.
Jessica Scruggs, on behalf of themselves and a class, WDMO 13-
01061, Plaintiff, represented by Alyson L. Oliver, Oliver Law
Group PC & Eric D. Holland, Holland Groves Schneller & Stolze LLC.
Bruce Kenney, on behalf of themselves and a class, WDMO 13-01061,
Plaintiff, represented by Alyson L. Oliver, Oliver Law Group PC &
Eric D. Holland, Holland Groves Schneller & Stolze LLC.
Cynthia M. Russell, on behalf of themselves and a class, WDMO 13-
01061, Plaintiff, represented by Alyson L. Oliver, Oliver Law
Group PC & Eric D. Holland, Holland Groves Schneller & Stolze LLC.
Justin Ramsey, WDMO 13-01063, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC & Richard J.
Arsenault, Neblett Beard & Arsenault.
Rachel Ramsey, WDMO 13-01063, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC & Richard J.
Arsenault, Neblett Beard & Arsenault.
Kendra Michelle Johnson, WDMO 13-01063, Plaintiff, represented by
Richard J. Arsenault, Neblett Beard & Arsenault.
Lisa Marie Waugh, on behalf of herself and all others similarly
situated, WDMO 13-01064, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC, Irwin B Levin,
Cohen & Malad, LLP, Jeffrey D. Heck, Heck Law Offices, LLC, Lynn
A. Toops, COHEN & MALAD LLP & Richard E. Shevitz, COHEN & MALAD
LLP.
Maighan O. Perry Dreyling, WDMO 13-01065, Plaintiff, represented
by Eric D. Holland, Holland Groves Schneller & Stolze LLC, Eric
Lechtzin, Berger Montague & Jonathan Herschel Bornstein, Bornstein
& Bornstein.
Richard M. Dreyling, III, WDMO 13-01065, Plaintiff, represented by
Eric D. Holland, Holland Groves Schneller & Stolze LLC, Eric
Lechtzin, Berger Montague & Jonathan Herschel Bornstein, Bornstein
& Bornstein.
Tanya M. Baez, WDMO 13-01065, Plaintiff, represented by Tanya M.
Baez.
Nicholas Cauthen, on behalf of himself and all others similarly
situated, WDMO 13-01065, 13-01067, Plaintiff, represented by Eric
D. Holland, Holland Groves Schneller & Stolze LLC, Mark J.
Geragos, Geragos & Geragos, APC & Shelley Lynn Kaufman, Geragos &
Geragos, APC.
Robert Lefebvre, on behalf of themselves and all others similarly
situated, WDMO 13-01068, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC, Jennifer Leah
McCarthy, Parker Waichman, LLP, Jordan L. Chaikin, Parker Waichman
LLP & R. Seth Crompton, Holland, Groves, Schneller & Stolze.
Julie Lefebvre, on behalf of themselves and all others similarly
situated, WDMO 13-01068, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC, Jennifer Leah
McCarthy, Parker Waichman, LLP, Jordan L. Chaikin, Parker Waichman
LLP & R. Seth Crompton, Holland, Groves, Schneller & Stolze.
Jody Rivera, on behalf of themselves and all others similarly
situated, WDMO 13-01068, Plaintiff, represented by Eric D.
Holland, Holland Groves Schneller & Stolze LLC, Jennifer Leah
McCarthy, Parker Waichman, LLP, Jordan L. Chaikin, Parker Waichman
LLP & R. Seth Crompton, Holland, Groves, Schneller & Stolze.
Ursula Millett, on behalf of themselves and all others similarly
situated, WDMO 13-01070, Plaintiff, represented by Amy E Keller,
Wexler Wallace LLP, Edward A. Wallace, Wexler Wallace LLP, Eric
Lechtzin, Berger Montague, Kenneth A. Wexler, Wexler Wallace LLP &
Sherrie R. Savett, Berger & Montague, PC.
Arthur Green, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Amy Hamilton, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Raymond Morrison, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Shalene Shellenbarger, WDMO 13-01076, Plaintiff, represented by
Adam G. Taub, Adam Taub Assoc Consumer Law Group, Cathleen M.
Combs, Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas
E. Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Rachelle Gayle, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Christopher Townsell, WDMO 13-01076, Plaintiff, represented by
Adam G. Taub, Adam Taub Assoc Consumer Law Group, Cathleen M.
Combs, Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas
E. Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Daryl E. Lewis II, WDMO 13-01076, Plaintiff, represented by Adam
G. Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Nicholas Diamanti, WDMO 13-01076, Plaintiff, represented by Adam
G. Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Julie Wiley, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Melissa Anderson, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Paulanna Diamanti, WDMO 13-01076, Plaintiff, represented by Adam
G. Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Latisha Johnson, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Brooke Greenwood, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Angela Morrison, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Jennifer Townsell, WDMO 13-01076, Plaintiff, represented by Adam
G. Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Kevin Wiley, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Ian Anderson, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Nigel Gayle, WDMO 13-01076, Plaintiff, represented by Adam G.
Taub, Adam Taub Assoc Consumer Law Group, Cathleen M. Combs,
Edelman, Combs, Daniel A. Edelman, Edelman, Combs & Thomas E.
Soule, Edelman, Combs, Latturner & Goodwin, LLC.
Cameron Cox, on behalf of themselves and all others similarly
situated, WDMO 13-01169, Plaintiff, represented by Brian F. Fox,
Levin, Fishbein, Sedran & Berman, Charles E. Schaffer, Levin
Fishbein Sedran & Berman & Eric D. Holland, Holland Groves
Schneller & Stolze LLC.
Raymond Rapko, on behalf of themselves and all others similarly
situated, WDMO 13-01169, Plaintiff, represented by Brian F. Fox,
Levin, Fishbein, Sedran & Berman & Charles E. Schaffer, Levin
Fishbein Sedran & Berman.
HRB Tax Group Inc., a Missouri Corporation doing business as H&R
Block, Defendant, represented by Amanda Kate Denker Pushinsky,
Jones Day, C. Kent Hatfield, Stoll Keenon Ogden PLLC, Carmelite M
Bertaut, Stone Pigman et al, Catherine E. Sabatine, Krieg Devault
LLP, Christopher C. Grenz, Bryan Cave, LLP-KCMO, Christopher E.
Schaefer, Stoll Keenon Ogden PLLC, Daniel P. Malone, Butzel Long,
Dennis Leo Murphy, Jones Day, Elwood G Lui, Jones Day, Hugh R.
Whiting, Jones Day, James T. Wicks, Bryan Cave, LLP-KCMO, Jennifer
Lynn Del Medico, Jones Day, Jonathan Francis Jorissen, Butzel
Long, Joseph E. Richotte, BUTZEL LONG, P.C., Kevin D. Boyce, Jones
Day, Lee M. Pollack, Jones, Day Law Firm, Lin W. Kahn, Jones Day,
Robert M. Thompson, Bryan Cave, LLP, Thomas J Costakis, Krieg
Devault LLP & W. Jason Rankin, HeplerBroom LLC.
HRB Technology LLC, on behalf of themselves and all others
similarly situated doing business as H&R Block Inc, Defendant,
represented by Amanda Kate Denker Pushinsky, Jones Day, Carmelite
M Bertaut, Stone Pigman et al, Catherine E. Sabatine, Krieg
Devault LLP, Daniel P. Malone, Butzel Long, Dennis Leo Murphy,
Jones Day, Elwood G Lui, Jones Day, Hugh R. Whiting, Jones Day,
Jennifer Lynn Del Medico, Jones Day, Jonathan Francis Jorissen,
Butzel Long, Joseph E. Richotte, BUTZEL LONG, P.C., Kevin D.
Boyce, Jones Day, Lee M. Pollack, Jones, Day Law Firm, Lin W.
Kahn, Jones Day, Thomas J Costakis, Krieg Devault LLP & W. Jason
Rankin, HeplerBroom LLC.
HRB Digital LLC, Defendant, represented by Amanda Kate Denker
Pushinsky, Jones Day, Elwood G Lui, Jones Day, Hugh R. Whiting,
Jones Day & Kevin D. Boyce, Jones Day.
H&R Block Bank, Defendant, represented by Jennifer Lynn Del
Medico, Jones Day & Kevin D. Boyce, Jones Day.
H&R Block Inc, a Missouri Corporation, Defendant, represented by
Carmelite M Bertaut, Stone Pigman et al, Catherine E. Sabatine,
Krieg Devault LLP, Daniel P. Malone, Butzel Long, Jonathan Francis
Jorissen, Butzel Long, Joseph E. Richotte, BUTZEL LONG, P.C.,
Kevin D. Boyce, Jones Day & Thomas J Costakis, Krieg Devault LLP.
HHGREGG INC: Incentive Bonus Suit Obtains Class Action Status
-------------------------------------------------------------
Scott Olson, writing for Indianapolis Business Journal, reports
that a lawsuit brought by a former HHGregg Inc. manager charging
that the company failed to pay incentive bonuses has been granted
class-action status by a Marion Superior Court judge.
Former accounting manager Dwain Underwood filed his complaint in
March 2013, claiming that the Indianapolis-based appliance,
electronics and furniture retailer failed to factor a $40 million
payout into the calculation used to determine whether employees
were entitled to incentive bonuses. The company collected the
payout after Executive Chairman Jerry Throgmartin died in 2012.
Mr. Underwood claims HHGregg should have paid him a $25,000 bonus
based on the company's fiscal 2012 earnings before interest,
taxes, depreciation and amortization, or EBITDA, of $144.4
million. Mr. Underwood claims HHGregg wrongly based bonuses on
"adjusted EBITDA," which excluded the life insurance payout. The
payout sent HHGregg's profit soaring in the fiscal fourth quarter
of 2012.
The complaint involves 62 current and former HHGregg employees,
according to Judge Robert R. Altice Jr.'s July 9 ruling awarding
Underwood's suit class-action status. Mr. Underwood's attorney,
Eric Pavlack, said the amount of unpaid bonuses totals about $5
million.
"We're very pleased with the decision," he said. "We weren't
surprised because we think it's the right decision. We were
hopeful that this is what would happen."
A spokeswoman for HHGregg said the company doesn't comment on
pending litigation.
In rendering his decision, the judge disagreed with HHGregg's
argument that class-action status should not be granted because
some members don't want to belong to the suit.
"If such class members do not wish to participate in this case,"
Judge Altice wrote, "they will have the opportunity to opt out
after receiving notice."
Mr. Underwood voluntarily left the company in January 2013, two
months before he filed suit. He is suing the company for breach
of contract and unjust enrichment.
HILLYARD INC: Court Denies Initial OK of "Christensen" Suit Deal
----------------------------------------------------------------
Magistrate Judge Nathanael M. Cousins denied preliminary approval
of a class action settlement in LAWRENCE DANIEL CHRISTENSEN and
GEORGE CURREA, on behalf of themselves and all others similarly-
situated, Plaintiffs, v. HILLYARD, INC., Defendant, CASE NO. 13-
CV-04389 NC, (N.D. Cal.).
The Court found that the proposed form of class notice is
deficient because it fails to inform class members that they may
enter an appearance through an attorney. In addition, because the
Court is unable to assess the fairness of the release of claims
for the class members, the Court denied preliminary approval
without prejudice. Because the Court denied preliminary approval
of the settlement, the Court declined to assess whether
conditional certification of the class is appropriate.
The Court, however, granted leave to re-file for preliminary
approval should the parties reach a settlement agreement that
cures the deficiencies identified. The Court also denied adopting
the proposed notice to the class as that notice fails to inform
class members that they may enter an appearance through an
attorney.
A copy of the Magistrate Judge's July 10, 2014 ruling is available
at http://is.gd/srg6B1from Leagle.com.
Lawrence Daniel Christensen, Plaintiff, represented by Christopher
Alexander Olsen -- caolsen@caolsenlawoffices.com -- Olsen Law
Offices, APC.
George Currea, Plaintiff, represented by Christopher Alexander
Olsen, Olsen Law Offices, APC.
Hillyard, Inc., Defendant, represented by Lisa Barnett Sween --
Lisa.Sween@lewisbrisbois.com -- Lewis Brisbois Bisgaard & Smith
LLP, Tracy Wei Costantino -- TracyWei.Costantino@lewisbrisbois.com
-- Lewis Brisbois Bisgaard Smith LLP & Natalja Marie Fulton --
Natalja.Fulton@lewisbrisbois.com -- Lewis Brisbois Bisgaard &
Smith LLP.
INDIANA: Sever Storey Law Firm Files Eminent Domain Class Action
----------------------------------------------------------------
Debbie Lowe, writing for Carroll County Comet, reports that the
Sever Storey law firm, eminent domain attorneys who represent
landowners, filed a class-action lawsuit in Carroll Circuit Court
June 12 against the State of Indiana and specifically, the Indiana
Department of Transportation (INDOT). The suit was filed on
behalf of Indiana residents who have been awarded judgments for
the appropriation of real estate by virtue of eminent domain by
INDOT.
INTERNATIONAL GAME: Does Not Pay for Patent Ideas, Suit Claims
--------------------------------------------------------------
Mark Nicely v. International Game Technology, a Nevada
Corporation, and DOES 1-25, Case No. 3:14-cv-03160 (N.D. Cal.,
July 11, 2014), is brought against the Defendant for breaching its
contract to provide wages to its employees in the form of awards
for their submitting patent ideas to it for its own submission to
the United States Patent and Trademark Office.
International Game Technology is in the business of the design,
manufacture, and marketing of electronic gaming equipment and
systems products.
The Plaintiff is represented by:
Ryan L. Hicks, Esq.
Richard A. Hoyer, Esq.
HOYER & ASSOCIATES
Four Embarcadero Center, Suite 1400
San Francisco, CA 94108
Telephone: (415) 766-3539
Facsimile: (415) 276-1738
E-mail: rhicks@hoyerlaw.com
rhoyer@hoyerlaw.com
IRONWOOD MGMT: Trial Ct. Ruling on Ex-Workers' Suit Partly Upheld
-----------------------------------------------------------------
Angel Rodrigues and Carlos Lopez are former employees of Ironwood
Management, a property management company. They sued Ironwood on
their behalf and on behalf of all others similarly situated former
employees. The parties agree that there are 47 former employees
of Ironwood similarly situated to Rodrigues and Lopez vis-a-vis
the overtime dispute. Apparently 46 employees (the putative class
less three persons) signed releases with Ironwood shortly after
the litigation was filed.
Rodrigues and Lopez have taken an appeal following court trial on
a single bifurcated issue: whether releases signed by employee
plaintiffs in a lawsuit claiming unpaid overtime wages were valid.
The Court of Appeals of California, Second District, Division
Eight, in an opinion dated July 11, 2014, a copy of which is
available at http://is.gd/RgMQ7Afrom Leagle.com, said it is
undisputed that those releases were valid if -- at the time they
were signed -- the employer and employees had a bona fide dispute
as to wages owed the employees.
The Calif. Appeals Court concluded that substantial evidence
supported the trial court's conclusion that there was a bona fide
dispute over wages due employees who may have falsified their
timesheets. It found no substantial evidence supported a bona fide
dispute as to the remaining employees.
The Calif. Appeals Court, therefore, affirmed in part and reversed
in part the judgment in favor of the employer. It added that the
judgment must be reversed as to those employees who did not sign
releases. The only issue at trial was whether the releases signed
were valid. Employees who did not sign releases obviously had no
valid release. The judgment is affirmed as to Angel Rodrigues,
Antonio Rodriguez, Carlos Lopez, Victor Lopez, Edwin Munoz, and
Jose Francisco Espinoza. As to all other appellants, the judgment
is reversed. The parties shall bear their own costs on appeal.
The case is, ANGEL RODRIGUES et al., Plaintiffs and Appellants, v.
IRONWOOD MANAGEMENT, Defendant and Respondent, NO. B247616 (Cal.
App.).
Righetti Glugoski, Matthew Righetti -- matt@righettilaw.com -- and
John Glugoski -- jglugoski@righettilaw.com -- for Plaintiffs and
Appellants.
Law Office of Stephen F. McAndrew and Stephen F. McAndrew --
steve@mcandrewlaw.net -- for Defendant and Respondent.
JOHN WILEY & SONS: Sued in N.D. Cal. Over Copyright Infringement
----------------------------------------------------------------
Dennis Kunkel, David Wrobel and John Cunningham, on behalf of
themselves and all others similarly situated v. John Wiley & Sons,
Inc., Case No. 4:14-cv-03180 (N.D. Cal., July 14, 2014), alleges
copyright infringement against the Defendant for use of
photographs beyond the limits of any licenses the Photographers
granted the Defendant, or without any original license at all.
John Wiley & Sons, Inc. is a publisher of educational textbooks in
New York.
The Plaintiff is represented by:
Eric B. Fastiff, Esq.
David T. Rudolph, Esq.
Katherine C. Lubin, Esq.
Patricia A. Dyck, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: efastiff@lchb.com
drudolph@lchb.com
klubin@lchb.com
pdyck@lchb.com
- and -
Jonathan D. Selbin, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013
Telephone: (212) 355-9500
Facsimile: (212) 355-9592
E-mail: jselbin@lchb.com
- and -
Christopher Seidman, Esq.
HARMON & SEIDMAN LLC
101 South Third Street, Suite 265
Grand Junction, CO 81501
Telephone: (970) 245-9075
Facsimile: (970) 245-8086
E-mail: chris@harmonseidman.com
- and -
Maurice Harmon, Esq.
HARMON & SEIDMAN LLC
11 Chestnut Street
New Hope, PA 18938
Telephone: (215) 693-1953
Facsimile: (970) 245-8086
E-mail: maurice@harmonseidman.com
LION'S MOTORS: "Abreu" Suit Seeks to Recover Unpaid Overtime
------------------------------------------------------------
Carmelo Abreu, and other similarly situated individuals v. Lion's
Motors Corp., Case No. 1:14-cv-22606 (S.D. Fla., July 14, 2014),
seeks to recover money damages for unpaid overtime and straight
wages under the Fair Labor Standards Act.
Lion's Motors Corp. sells used cars.
The Plaintiff is represented by:
Ruben Martin Saenz, Esq.
THE SAENZ LAW FIRM, P.A.
20900 N.E. 30th Avenue, Suite 800
Aventura, FL 33180
Telephone: (305) 503-5131
Facsimile: (888) 270-5549
E-mail: msaenz@saenzlawfirm.com
LIONS GATE: Made False Statements Over Takeover Bid, Suit Claims
----------------------------------------------------------------
Laborers Pension Trust Fund Detroit & Vicinity, individually and
on behalf of all others similarly situated v. Lions Gate
Entertainment Corp., Jon Feltheimer, James Keegan, James Barge,
and Michael Burns, Case No. 1:14-cv-05197 (S.D.N.Y., July 11,
2014), is brought against the Defendant for making false and
misleading statements concerning a series of transactions entered
into and consummated in an effort to prevent a hostile takeover of
the Company.
Lions Gate Entertainment Corp. is a film studio that produces and
distributes motion pictures, television, home and family
entertainment, and digital media.
The Plaintiff is represented by:
Samuel H. Rudman, Esq.
David A. Rosenfeld, Esq.
Joseph Russello, Esq.
Andrew L. Schwartz, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
E-mail: srudman@rgrdlaw.com
drosenfeld@rgrdlaw.com
jrussello@rgrdlaw.com
aschwartz@rgrdlaw.com
- and -
Derek L. Watkins, Esq.
SACHS WALDMAN P.C.
1423 East Twelve Mile Road
Madison Heights, MI 48071
Telephone: (248) 658-0800
(313) 965-4315
LIONS GATE: Robbins Arroyo Files Securities Class Action in NY
--------------------------------------------------------------
Shareholder rights law firm Robbins Arroyo LLP on July 15
disclosed that an investor of Lions Gate Entertainment Corp. has
filed a federal securities fraud class action complaint in the
U.S. District Court for the Southern District of New York. The
complaint alleges that the company and certain of its officers and
directors violated the Securities Exchange Act of 1934 between
February 11, 2013 and March 13, 2014. Lions Gate is a film studio
that produces and distributes motion pictures, television, home
and family entertainment, and digital media.
Lions Gate Investigated by the U.S. Securities and Exchange
Commission
According to the complaint, shares of Lions Gate dropped by nearly
9%, or $2.93 per share, between March 12, 2014 and March 17, 2014,
to close at $30.33 per share on March 17, 2014, following an
announcement that Lions Gate had received an Order Instituting
Cease-and-Desist Proceedings Pursuant to Section 21C of the
Securities Exchange Act of 1934, Making Findings, and Imposing a
Cease-and-Desist Order. Specifically, the order disclosed that
Lions Gate settled a U.S. Securities and Exchange Commission
investigation of a series of transactions the company undertook to
prevent a takeover of the company by Carl Icahn and his
affiliates, by agreeing to pay $7.5 million in fines and
acknowledging that it had violated federal securities laws.
The complaint further alleges that Lions Gate knew and failed to
disclose that it was under SEC investigation and that the NYSE had
initiated an inquiry as to whether the transactions constituted a
violation of Section 312.03(b) of the NYSE Listed Company Manual
in regards to shareholder approval of the transactions.
Lions Gate Investors Are Encouraged to Contact Shareholder Rights
Law Firm Robbins Arroyo LLP
If you invested in Lions Gate and would like to discuss your
shareholder rights, please contact attorney Darnell R. Donahue at
(800) 350-6003, DDonahue@robbinsarroyo.com or via the information
form on the firm's shareholder rights blog:
https://www.robbinsarroyo.com/shareholders-rights-blog/lions-gate-
entertainment-corp/
Robbins Arroyo LLP represents individual and institutional
investors in shareholder derivative and securities class action
lawsuits.
LIQUIDITY SERVICES: Sued Over False & Misleading Company Reports
----------------------------------------------------------------
Leonard Howard, individually and on behalf of all others situated
v. Liquidity Services Inc., William P. Angrick III, James M. Rallo
and Kathryn A. Domino, Case No. 1:14-cv-01183 (D.D.C., July 14,
2014), alleges that the Defendants disseminated materially false
and misleading statements, and omitted material information that
they were obligated to disclose, which causes inflation of the
Company's stock and allowed certain Company insiders to receive a
windfall from selling the Company's stock at inflated prices.
Liquidity Services Inc. is a Delaware corporation that provides
leading corporations, public sector agencies and buying customers
an online marketplace and integrated services for surplus assets.
The Plaintiff is represented by:
Nicholas I. Porritt, Esq.
Donald J. Enright, Esq.
Elizabeth K. Tripodi, Esq.
LEVI & KORSINSKY LLP
1101 30th St., NW
Washington, DC 20007
Telephone: (202) 524-4290
Facsimile: (202) 333-2121
- and -
Gregory M. Nespole, Esq.
Benjamin Y. Kaufman, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 545-4653
MCDONNELL DOUGLAS PLAN: Sued Over Improper Benefits Calculation
---------------------------------------------------------------
Elinor Otto, on behalf of herself and all others similarly
situated v. Employee Retirement Income Plan - Hourly West, fka
Employee Retirement Income Plan of McDonnell Douglas Corporation -
Hourly West Plan, an ERISA pension plan, and Does 1 through 10,
inclusive, Case No. 2:14-cv-05426 (C.D. Cal., July 11, 2014),
alleges improper calculation of pension benefits.
The Employee Retirement Income Plan is a plan regulated by the
Employee Retirement Income Security Act.
The Plaintiff is represented by:
Ronald Dean, Esq.
RONALD G. DEAN LAW OFFICES
1155 Via de la Paz
Pacific Palisades, CA 90272
Telephone: (310) 459-1636
Facsimile: (310) 459-6224
E-mail: rdean@igc.org
MIAMI DRYWALL: "McClendon" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Brian McClendon v. Miami Drywall & Stucco, Inc., Case No. 1:14-cv-
22627 (S.D. Fla., July 14, 2014), seeks to recover overtime
compensation and other relief under the Fair Labor Standards Act.
Miami Drywall & Stucco, Inc. owns and operates a construction
business and maintains a corporate office in Miami, Florida.
The Plaintiff is represented by:
Jack Dennis Card Jr., Esq.
CONSUMER LAW ORGANIZATION, P.A.
2501 Hollywood Blvd., Suite 100
Hollywood, FL 33020
Telephone: (954) 921-9994
Facsimile: (305) 574-0132
E-mail: Dcard@Consumerlaworg.com
MIDLAND CREDIT: Bid to Compel Doc. and Witness Production Okayed
----------------------------------------------------------------
In ELLEN ANNETE GOLD, Plaintiff, v. MIDLAND CREDIT MANAGEMENT,
INC., et al., Defendants, CASE NO. 13-CV-02019-BLF (MEJ), (N.D.
Cal.), pending before the Court is the parties' joint discovery
dispute letter filed June 19, 2014. In the joint letter, Ms. Gold
seeks to compel Defendants Midland Credit Management, Inc. and
Midland Funding, LLC to produce certain information and documents
relating to the responses to collection notices sent by the
Defendants. She also seeks to compel Defendants to produce a
witness who can testify regarding the design, use, and efficacy of
MCM's collection notices and educational brochures.
Midland Credit Management, Inc. is a corporation that operates via
mail and telephone in an attempt to collect debts alleged to be
due another. Midland Funding, LLC is a limited liability company
that also collects debts alleged to be due another via mail and
telephone. Both Defendants are "debt collectors" within the
meaning of 15 U.S.C. Section 1693a(6) and California Civil Code
section 1788.2. Id.
Ms. Gold filed the consumer class action suit on behalf of herself
and all others similarly situated, alleging Defendants' collection
notices misrepresented their ability to update, amend, or
otherwise improve the credit reporting of HSBC Bank in violation
of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.
Section 1692, and of the Rosenthal Fair Debt Collection Practices
Act, Cal. Civ. Code Sections 1788-1788.33. The Plaintiff seeks
declaratory judgment and statutory damages. The Plaintiff served
Defendants with Interrogatories on March 14, 2014 and Requests for
Production on March 27, 2014. The Plaintiff served MCM with
Notice of Taking Oral Deposition of Defendant, Midland Credit
Management, Inc., Pursuant to Fed. R. Civ. P. 30(b)(6) (Deposition
Notice). On June 19, 2014 the parties filed the joint discovery
dispute letter. Although discovery is closed, the parties have
stipulated to an extension of time to resolve this issue.
In a discovery order dated July 9, 2014, a copy of which is
available at http://is.gd/vqjZnlfrom Leagle.com, Magistrate Judge
Maria-Elena James granted the Plaintiff's motion to compel
responses to Interrogatory Nos. 1 and 2, and RPD No. 13.
In a separate discovery order dated July 9, 2014, a copy of which
is available at http://is.gd/xaWRfbfrom Leagle.com, Magistrate
Judge James held that MCM has not made a showing that there is no
other competent witness available to testify regarding Topics 11,
12, 14, 15, 16, 17, and 18. Accordingly, the Court grants the
Plaintiff's motion to compel.
Ellen Annete Gold, on behalf of herself and all others similarly
situated, Plaintiff, represented by Fred W. Schwinn --
fred.schwinn@sjconsumerlaw.com -- Consumer Law Center, Inc., O.
Randolph Bragg -- Rand@horwitzlaw.com -- Horwitz,Horwitz &
Associates & Raeon Rodrigo Roulston --
raeon.roulston@sjconsumerlaw.com -- Consumer Law Center, Inc..
Midland Credit Management, Inc., a Kansas corporation, Defendant,
represented by Tomio Buck Narita -- tnarita@snllp.com -- Simmonds
& Narita LLP, Christopher M Spain -- cspain@snllp.com -- Simmonds
and Narita LLP & Jeffrey A. Topor -- jtopor@snllp.com -- Simmonds
& Narita LLP.
Midland Funding, LLC, a Delaware limited liability company,
Defendant, represented by Tomio Buck Narita, Simmonds & Narita
LLP, Christopher M Spain, Simmonds and Narita LLP & Jeffrey A.
Topor, Simmonds & Narita LLP.
MONSANTO CO: Oct. 31 Deadline Set for Nitro Settlement Paperwork
----------------------------------------------------------------
Hillary Hall, writing for WOWK-TV, reports that in 2004 the
Monsanto Company located in Nitro, West Virginia. was slapped with
a hefty lawsuit after releasing toxic dioxin into the air.
The company was open from 1929 until 2004. They produced agent
orange at the plant, a chemical used to defoliate jungle
vegetation during the Vietnam War. Agent orange is well known for
its cancer causing ability, and the dioxin released during its
production is now plaguing Nitro citizens.
The Monsanto Plant is currently vacant and a thick tar-like
material is being used to seal off the property. Although the
plant no longer exists, problems are far from over for those who
currently live or have lived in the city.
"My doctor said I have poison in my blood, he said he sees this in
a lot of veterans but I haven't been to war" says William Harlow,
a former Nitro Resident. He said he was born and raised in Nitro
and played around the Monsanto plant with with friends. At the
time he didn't realize that the plant was dangerous, but now he
blames his bad health on growing up near the plant.
While personal injury cases against Monsanto have been resolved,
more options are available for citizens who still have questions.
The company has agreed to pay $93 million for long-term health
monitoring and $9 million for professional residential cleaning.
To be eligible for either program you must live in the effected
class action area and fill out paperwork.
The Nitro Class Action Settlement Administration located on 23rd
Street in Nitro opened its doors on July 9th to help citizens in
the area file their paperwork. "They can come in to file it, take
the paperwork home, or we can go to them if they don't have
transportation" says Tom Flaherty, administrator for the class
action lawsuit.
The paperwork consists of a series of questions about when and how
long you lived, worked or went to school in Nitro. The entire
process takes around 15 minutes, and results about eligibility
will be available shortly after the papers are filed.
If you are eligible for the long term medical monitoring you
will begin getting blood tests in November and continue testing
once every 5 years for 30 years.
If you are eligible for the residential cleaning program your home
will be professionally cleaned once every year for 3 years.
So far 28 people have filed for these services. The deadline to
apply is October 31, 2014.
You can contact The Nitro Class Action Settlement Administration
at 1-877-673-5049.
NATIONAL COLLEGIATE: Does Not Pay Athletes Properly, Suit Claims
-----------------------------------------------------------------
Dax Dellenbach, on behalf of himself and all others similarly
situated v. National Collegiate Athletic Association, The Big Ten
Conference, Inc., Pacific 12 Conference, The Big Twelve
Conference, Inc., Southeastern Conference, Atlantic Coast
Conference, The American Athletic Conference, Atlantic
Sun Conference, Conference USA, Mid-American Conference,
Mountain West Conference, and Sun Belt Conference, Case No. 3:14-
cv-03159 (N.D. Cal., July 11, 2014), alleges that the Defendants
have enacted and enforced rules that limit the amount that players
may receive as compensation for their athletic services.
National Collegiate Athletic Association is the premier college
sports association in the United States governing top-tier
football programs.
The Big Ten Conference, Inc., Pacific 12 Conference, The Big
Twelve Conference, Inc., Southeastern Conference, Atlantic Coast
Conference, The American Athletic Conference, Atlantic
Sun Conference, Conference USA, Mid-American Conference,
Mountain West Conference, and Sun Belt Conference are multi-sports
conferences.
The Plaintiff is represented by:
Eric B. Fastiff, Esq.
LIEFF, CABRASER, HEIMANN & BERNSTEIN,LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: efastiff@lchb.com
NEUSTAR INC: Bernstein Litowitz Files Securities Class Action
-------------------------------------------------------------
Bernstein Litowitz Berger & Grossmann LLP on July 15 disclosed
that it has filed a securities class action lawsuit on behalf of
Oklahoma Firefighters Pension and Retirement System against
NeuStar, Inc. and certain of its senior executives. The action,
which is captioned Oklahoma Firefighters Pension and Retirement
System v. NeuStar, Inc., 14-cv-00885 (E.D. Va.), asserts claims
under the Securities Exchange Act of 1934 on behalf of investors
in NeuStar common stock during the period of April 19, 2013 to
June 6, 2014, inclusive.
The Complaint alleges that during the Class Period, NeuStar
misrepresented and concealed its ability to maintain a critical
series of contracts with a telecommunications industry group known
as North American Portability Management LLC. When the truth
regarding the Company's ability to maintain the contracts was
revealed, the price of NeuStar stock fell approximately $11 per
share.
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 July 15,
2014. Accordingly, the deadline for filing a motion for
appointment as Lead Plaintiff is September 15, 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.
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.
NEW YORK: Sued by Wardens Over Employment Discrimination Practice
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Assistant Deputy Wardens/Deputy Wardens Association, for itself
and on behalf of its members, Sidney Schwartzbaum, as President
of the Assistant Deputy Wardens/Deputy Wardens Association; Pamela
Walton, Mervin 0. Batson, Brenda Ross and William Diaz,
individually and on behalf of all similarly situated members of
the Assistant Deputy Wardens/Deputy Wardens Association v. The
City Of New York; The New York City Department Of Correction;
Mayor William DeBlasio and New York City Department Of Correction
Commissioner Joseph Ponte, in their individual and official
Capacities, Case No. 1:14-cv-04308 (E.D.N.Y., July 14, 2014), is
brought to address employment discrimination on the basis of race,
color, and gender in violation of Title VII of the Civil Rights
Act.
City Of New York is a municipal corporation duly organized and
existing under the laws of the State of New York.
The Plaintiff is represented by:
Paul S. Linzer, Esq.
CERTILMAN, BALIN, ADLER & HYMAN, LLP
90 Merrick Avenue, 9th Fl
East Meadow, NY 11554
Telephone: (516) 296-7000
Facsimile: (516) 296-7111
E-mail: plinzer@certilmanbalin.com
OKLAHOMA: Faces Class Action Over DUI License-Revocation Process
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Ziva Branstetter, writing for Tulsa World, reports that thousands
of Oklahoma drivers whose licenses were revoked by the Department
of Public Safety through the use of a faulty affidavit could soon
learn whether they will be part of a class-action lawsuit seeking
millions of dollars in refunds.
The lawsuit seeks refunds for an estimated 40,000 drivers whose
licenses were revoked after being cited with alcohol-related
driving offenses between 2008 and October 2013. The plaintiffs
also seek to have their driving privileges restored and the cases
expunged from their driving records.
Nine plaintiffs have sued the Department of Public Safety in
Oklahoma County challenging their license revocations, while seven
drivers have sued in Tulsa County. Oklahoma County District Judge
Roger Stuart is set to hear a motion for class-action status
Aug. 7.
Plaintiffs in the case have requested that Oklahoma City attorney
Richard Laquer be designated as the class attorney if class-action
status is granted. Mr. Laquer filed a lawsuit that led to a 1995
state Supreme Court ruling that the Department of Public Safety
overcharged motorists for reinstating their driver's licenses from
1990 through 1993.
The 1995 class-action suit cost the state an estimated $10 million
in refunds and interest.
Tulsa attorney Bruce Edge, one of several attorneys who represent
plaintiffs in the current lawsuits, said the case "is a matter of
making sure the government follows the law."
"It's their own rules that they can't seem to follow," Edge said
of DPS.
Oklahoma City attorney John Hunsucker said he and Edge continue to
receive calls each week about the lawsuits.
"Once it is certified as a class, at that point we will determine
who is a member of the class, . . . and then at that point they
will be contacted."
The Department of Public Safety declined to comment on the
lawsuits. In a motion filed last month, the agency claims that
the suits should be dismissed because the plaintiffs failed to
exhaust all administrative remedies and did not challenge the
affidavit at their administrative hearings.
"Plaintiffs were violating state criminal laws by driving on the
roads of Oklahoma under the influence of alcohol or other
intoxicating substance," the motion states.
The license-revocation process is an administrative action
separate from any criminal charges filed against the drivers. The
plaintiffs claim that DPS lacked jurisdiction to revoke their
driving privileges and charge associated fees because the
affidavits used did not comply with state law.
In December, the state Supreme Court denied the Department of
Public Safety's appeal of a lower court's ruling that documents
used in DUI breath tests did not comply with the law. The
decision meant an October Court of Civil Appeals decision that the
affidavit was "fatally flawed" stood as the final ruling in the
case.
State law regarding license revocation requires "a sworn report
from a law enforcement officer that the officer had reasonable
grounds to believe the arrested person" drove or could have driven
a car under the influence of alcohol.
The affidavit that DPS used to revoke licenses in such cases from
June 2008 through October 2013 did not contain that language.
Instead, it contained a description of the driver's behavior,
circumstances of the arrest and a statement by the officer "that
the foregoing is true and correct."
DPS uses the affidavits to revoke driver's licenses and can later
modify or reinstate the licenses, charging fees with each action.
In numerous motions, DPS argues that the Court of Civil Appeals
ruling is "ignoring the Legislature's intent to save lives by
prohibiting impaired driving."
Attorneys who filed the lawsuit state that DPS refused to change
the affidavit for more than four months, incurring more potential
costs for the state, after a lower court ruled that the affidavit
failed to comply with the law.
"The ancient Greeks had a word for this attitude of exaggerated
self-confidence -- 'hubris.' . . . While Aristotle didn't know the
DPS, he would have understood this lawsuit," the complaint says.
The affidavit was changed following the appeals court's decision.
Since DPS began using the affidavit in June 2008, records show
that 37,097 drivers cited for alcohol-related offenses requested
DPS modifications or hearings.
If a judge rules that the fees must be refunded retroactively to
2008, DPS could be required to refund at least $11 million, a
Tulsa World analysis shows. That figure does not include interest
or monthly fees for ignition interlock devices.
OPTICAL DISK DRIVE: Panasonic Wins Dismissal of Acer Suit
---------------------------------------------------------
ACER INC.; ACER AMERICA CORPORATION; GATEWAY, INC.; AND GATEWAY
U.S. RETAIL, INC., F/K/A EMACHINES, INC., Plaintiffs, v.
LITE-ON IT CORPORATION, et al., Defendants, CASE NOS. 3:10-MD-2143
RS, 3:13-CV-04991-RS, (N.D. Cal.) was brought by Acer, Inc., a
Taiwan-based company, and three of its United States subsidiaries,
Acer America Corporation; Gateway, Inc.; Gateway U.S. Retail,
Inc., f/k/a Emachines, Inc. The Taiwan parent, Acer, Inc., has
since dismissed its claims, leaving only the U.S. subsidiaries as
plaintiffs.
This particular action is part of a Multi District Litigation
matter centered around two consolidated class action complaints
brought on behalf of "direct" and "indirect" purchasers of optical
disk drives -- In re Optical Disk Drive Antitrust Litigation, Case
No. 3:10-md-2143 RS. While plaintiffs have elected to proceed
separately, rather than as part of the putative classes, their
complaint alleges substantially the same facts regarding the
purported existence of an industry-wide conspiracy to fix the
prices of Optical Disk Drives.
All defendants join in a motion to dismiss brought on various
grounds. Defendants Pioneer Corporation, Pioneer North America,
Inc., Pioneer Electronics (USA) Inc., Pioneer High Fidelity Taiwan
Co., Ltd., and Pioneer Digital Design & Manufacturing Company also
move separately to dismiss based on their further contention that
the complaint lacks sufficient facts showing that Pioneer
participated in any conspiracy.
District Judge Richard Seeborg, in an order dated July 10, 2014,
a copy of which is available at http://is.gd/tTVxeMfrom
Leagle.com, denied the joint motion to dismiss but granted
Panasonic's motion to dismiss, with leave to amend.
Plaintiffs may file an amended complaint to allege additional
facts regarding Pioneer within 20 days, ruled Judge Seeborg. The
parties should meet and confer regarding a due date for the
remaining Defendants' answers, and either agree that they may wait
until the amended complaint is filed to answer, or agree that
answers to the existing complaint will be deemed applicable to the
complaint after it is amended with respect to the allegations
against Pioneer, he added.
CMP Consulting Services, Inc., Plaintiff, represented by Dianne M.
Nast, NastLaw LLC, Christopher T. Heffelfinger, Berman DeValerio,
Joseph R. Saveri, Joseph Saveri Law Firm, Inc., Kevin Bruce Love,
Hanzman Criden & Love, P.A., Laurence D. King, Kaplan Fox &
Kilsheimer LLP, Linda M. Fong, Kaplan Fox & Kilsheimer LLP,
Michael E. Criden, Criden & Love P.A. & Steven Noel Williams,
Cotchett Pitre & McCarthy LLP.
KI, Inc., Plaintiff, represented by Dianne M. Nast, NastLaw LLC,
Jonathan Whitcomb, Siserio Martin O'Connor & Castiglioni LLP,
Joseph R. Saveri, Joseph Saveri Law Firm, Inc., Laurence D. King,
Kaplan Fox & Kilsheimer LLP, Linda M. Fong, Kaplan Fox &
Kilsheimer LLP & Robert N. Kaplan, Kaplan Fox & Kilsheimer LLP.
Lieff, Cabraser, Heimann & Bernstein, LLP, Plaintiff, represented
by Dianne M. Nast, NastLaw LLC & Sarah Robin London, Lieff
Cabraser Heimann & Bernstein LLP.
Rokas Beresniovas, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC & Rosemary M. Rivas, Finkelstein Thompson LLP.
Patrick Keyes, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Christopher T. Heffelfinger, Berman DeValerio & Joseph R.
Saveri, Joseph Saveri Law Firm, Inc.
Prisco Electronic Company, Inc., Plaintiff, represented by Dianne
M. Nast, NastLaw LLC, Adam John Zapala, Davis Cowell & Bowe LLP,
Aron K. Liang, Cotchett Pitre & McCarthy LLP, Cadio R. Zirpoli,
Saveri & Saveri, Inc., Gene Woo Kim, Cotchett, Pitre and McCarthy,
LLP, Guido Saveri, Saveri & Saveri, Inc., Joseph M. Alioto, Sr.,
Alioto Law Firm, Joseph W. Cotchett, Cotchett Pitre & McCarthy
LLP, Joseph R. Saveri, Joseph Saveri Law Firm, Inc., Niki B. Okcu,
AT&T Services, Inc. Legal Dept., Richard Alexander Saveri, Saveri
& Saveri, Inc., Steven Noel Williams, Cotchett Pitre & McCarthy
LLP & Theresa Driscoll Moore, Alioto Law Firm.
Heather Tremblay, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC, Lee Albert, Glancy Binkow & Goldberg LLP & Sylvia M.
Sokol, Scott+Scott, Attorneys at Law, LLP.
Technology Depot of La Mesa, Plaintiff, represented by Dianne M.
Nast, NastLaw LLC & Sylvia M. Sokol, Scott+Scott, Attorneys at
Law, LLP.
Christopher Johnson, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC & Elizabeth Cheryl Pritzker, Pritzker Law.
Matthew Slavin, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Arthur Nash Bailey, Jr., Hausfeld LLP, Christopher T.
Heffelfinger, Berman DeValerio, Christopher L. Lebsock, Hausfeld
LLP, Eugene A. Spector, Spector Roseman Kodroff & Willis, PC,
Jeffrey Lawrence Spector, Spector Roseman Kodroff & Willis P.C.,
Joseph R. Saveri, Joseph Saveri Law Firm, Inc., Michael D.
Hausfeld, Hausfeld LLP, Michael Paul Lehmann, Hausfeld LLP, Robert
G. Eisler, Grant & Eisenhofer P.A. & William G. Caldes, Spector,
Roseman, Kodroff & Willis, P.C.
Warren S. Herman, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC, Christopher T. Heffelfinger, Berman DeValerio, Joseph
R. Saveri, Joseph Saveri Law Firm, Inc., Lawrence Walner, The
Walner Law Firm LLC & Richard Alexander Saveri, Saveri & Saveri,
Inc.
David Carney, Jr., Plaintiff, represented by Aaron M. Sheanin,
Pearson, Simon & Warshaw, LLP, Dianne M. Nast, NastLaw LLC &
Elizabeth Cheryl Pritzker, Pritzker Law.
L.E. Hoover Co., Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Elizabeth R. Odette, Lockridge Grindal Nauen P.L.L.P., W.
Joseph Bruckner, Lockridge Grindal Nauen P.L.L.P & Clinton Paul
Walker, Damrell Nelson Schrimp Pallios Pache.
JLK Systems Group, Inc., Plaintiff, represented by David Paul
Germaine, Vanek Vickers & Masini PC, Dianne M. Nast, NastLaw LLC,
John Paul Bjork, Vanek Vickers Masini PC, Joseph M Vanek, Vanek
Vickers Masini PC, Richard Alexander Saveri, Saveri & Saveri,
Inc., Allan Steyer, Steyer Lowenthal Boodrookas Alvarez & Smith
LLP, Arthur Nash Bailey, Jr., Hausfeld LLP, Bruce Lee Simon,
Pearson Simon & Warshaw, LLP, Cadio R. Zirpoli, Saveri & Saveri,
Inc., Christopher T. Heffelfinger, Berman DeValerio, Christopher
L. Lebsock, Hausfeld LLP, Donald Scott Macrae, Steyer Lowenthal
Boodrookas Alvarez & Smith LLP, Douglas A. Millen, Freed Kanner
London & Millen LLC, Guido Saveri, Saveri & Saveri, Inc., Jill
Michelle Manning, Steyer Lowenthal, Joseph R. Saveri, Joseph
Saveri Law Firm, Inc., Michael D. Hausfeld, Hausfeld LLP, Michael
Paul Lehmann, Hausfeld LLP, Patrick Howard, Saltz Mongeluzzi
Barrett & Bendesky, Robert W Biederman, Steyer Lowenthal, et al.,
Robert G. Eisler, Grant & Eisenhofer P.A., Simon Bahne Paris,
Saltz Mongeluzzi Barrett and Bendesky, Steven Noel Williams,
Cotchett Pitre & McCarthy LLP & Travis Luke Manfredi, Saveri and
Saveri Inc.
Univisions-Crimson Holding Inc., Plaintiff, represented by Dianne
M. Nast, NastLaw LLC, Christopher T. Heffelfinger, Berman
DeValerio, Daniel Bushell, Berman DeValerio, Joseph R. Saveri,
Joseph Saveri Law Firm, Inc., Joseph J. Tabacco, Jr., Berman
DeValerio, Manuel Juan Dominguez, Cohen Milstein Sellers & Toll,
Marc Jeffrey Greenspon, Berman DeValerio, Matthew W Ruan, Berman
DeValerio & Todd Anthony Seaver, Berman DeValerio.
Diana Saed, Plaintiff, represented by Dianne M. Nast, NastLaw LLC,
Michael M. Goldberg, Glancy Binkow & Goldberg LLP & Susan Gilah
Kupfer, Glancy Binkow & Goldberg LLP.
Amber Nikkel, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Adam J. Levitt, Grant & Eisenhofer P.A., Christopher T.
Heffelfinger, Berman DeValerio, Francis M. Gregorek, Wolf
Haldenstein Adler Freeman & Herz LLP, Michael D Yanovsky, Wolf
Haldenstein Adler Freeman Herz LLC & Rachele R. Rickert, Wolf
Haldenstein Adler Freeman & Herz LLP.
Ann Carney, Plaintiff, represented by Dianne M. Nast, NastLaw LLC,
Craig C. Corbitt, Zelle Hofmann Voelbel & Mason LLP, Francis
Onofrei Scarpulla, Zelle Hofmann Voelbel & Mason LLP & Qianwei Fu,
Zelle Hofmann Voelbel & Mason LLP.
Don Cheung, Plaintiff, represented by Dianne M. Nast, NastLaw LLC,
Amy Harrington, Law Office of Amy Harrington & Julio J Ramos, Law
Offices of Julio J. Ramos.
Tina Corse, Plaintiff, represented by Dianne M. Nast, NastLaw LLC
& John Dmitry Bogdanov, Cooper & Kirkham, P.C.
Alec Berezin, Plaintiff, represented by Brendan Patrick Glackin,
Lieff, Cabraser, Heimann & Bernstein LLP, Dianne M. Nast, NastLaw
LLC, Eric B. Fastiff, Lieff, Cabraser, Heimann & Bernstein,LLP,
Joseph R. Saveri, Joseph Saveri Law Firm, Inc., Joel Cary
Meredith, Meredith & Associates, Marc Pilotin, Lieff, Cabraser,
Heimann and Bernstein, LLP & Steven J. Greenfogel, Lite DePalma
Greenburg, LLC.
The Stereo Shop, Plaintiff, represented by Brendan Patrick
Glackin, Lieff, Cabraser, Heimann & Bernstein LLP, Dianne M. Nast,
NastLaw LLC, Eric B. Fastiff, Lieff, Cabraser, Heimann &
Bernstein,LLP, Joseph R. Saveri, Joseph Saveri Law Firm, Inc.,
Christopher T. Heffelfinger, Berman DeValerio, Daniel E.
Gustafson, Gustafson Gluek PLLC, Jason Kilene, Gustafson Gluek
PLLC & Marc Pilotin, Lieff, Cabraser, Heimann and Bernstein, LLP.
Bay Area Systems, LLC, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC, Brad Yamauchi, Minami Tamaki LLP, Derek G. Howard,
Minami Tamaki LLP & Jack Wing Lee, Minami Tamaki LLP.
Larson Group, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Elizabeth Cheryl Pritzker, Pritzker Law.
Aaron Wagner, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, George W. Sampson, Hagens Berman Sobol Shapiro LLP, Jeff D
Friedman, Hagens Berman Sobol Shapiro LLP, Robert William
Finnerty, Girardi Keese, Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP & Steve W. Berman, Hagens Berman Sobol Shapiro LLP.
Mr. Cullen Byrne, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC & William Henry Parish, Parish & Small.
Freud Reia, Plaintiff, represented by Dianne M. Nast, NastLaw LLC
& Terry Gross, Gross Belsky Alonso LLP.
Brent Pickett, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Terry Gross, Gross Belsky Alonso LLP.
Charles Zakin, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Terry Gross, Gross Belsky Alonso LLP.
Ben Flaccus, Plaintiff, represented by Dianne M. Nast, NastLaw LLC
& Terry Gross, Gross Belsky Alonso LLP.
Alireza Tabatabai, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC & Robert M. Partain, O'Donnell & Associates.
Mary Jane Garland, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC, James Lewis Wilkes, Wilkes & McHugh & Timothy Charles
McHugh, Wilkes & McHugh.
Beth O'Donnell, Plaintiff, represented by Brian Joseph Barry, Law
Offices of Brian Barry, Dianne M. Nast, NastLaw LLC & Jennifer
Sarnelli, Gardy & Notis, LLP.
Vanessa Stark, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Jennifer Sarnelli, Gardy & Notis, LLP.
Jerred Cook, Plaintiff, represented by Dianne M. Nast, NastLaw LLC
& Jennifer Sarnelli, Gardy & Notis, LLP.
Alex Afanasyev, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Jennifer Sarnelli, Gardy & Notis, LLP.
Scott Druschke, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Jennifer Sarnelli, Gardy & Notis, LLP.
Gregory Sinigiani, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP,
Sherman Kassof, Law Offices of Sherman Kassof, Joseph Mario
Patane, Law Office of Joseph M. Patane & Lauren Clare Capurro,
Trump, Alioto, Trump & Prescott, LLP.
Aimee Brock, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP, Joseph
Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
William Craig Stephenson, Plaintiff, represented by Dianne M.
Nast, NastLaw LLC, Mario N. Alioto, Trump Alioto Trump & Prescott,
LLP, Joseph Mario Patane, Law Office of Joseph M. Patane, Lauren
Clare Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman
Kassof, Law Offices of Sherman Kassof.
Raymond F. Barbush, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP,
Joseph Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
Sidney Plitnik, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP, Joseph
Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
Cynthia Saia, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP, Joseph
Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
Goeffrey Korwan, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP, Joseph
Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
Patrick Piper, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP, Joseph
Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
Frank Warner, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP, Joseph
Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
Christopher Smith, Plaintiff, represented by Dianne M. Nast,
NastLaw LLC, Mario N. Alioto, Trump Alioto Trump & Prescott, LLP,
Joseph Mario Patane, Law Office of Joseph M. Patane, Lauren Clare
Capurro, Trump, Alioto, Trump & Prescott, LLP & Sherman Kassof,
Law Offices of Sherman Kassof.
EMW, Inc., Plaintiff, represented by Dianne M. Nast, NastLaw LLC &
Lingel Hart Winters, Law Offices of Lingel H. Winters.
Aaron Deshaw, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Ernest Warren, Walker & Warren.
David Knight, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Mark A. Friel, Stoll Stoll Berne Lokting Shlachter PC.
Debra Knight, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC & Mark A. Friel, Stoll Stoll Berne Lokting Shlachter PC.
James P. Ito-Adler, Plaintiff, represented by Charles E. Tompkins,
Shapiro Haber & Urmy LLP, Dianne M. Nast, NastLaw LLC & Ian J
McLoughlin, Shapiro Haber & Urmy LLP.
All Plaintiffs, Plaintiff, represented by Dianne M. Nast, NastLaw
LLC, Todd Anthony Seaver, Berman DeValerio, Jeff D Friedman,
Hagens Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman
Sobol Shapiro LLP.
State of Florida, Office of the Attorney General, Department of
Legal Affairs, Plaintiff, represented by Liz Ann Brady, Office of
the Attorney General & Nicholas J. Weilhammer, Office of the
Attorney General.
Indirect Purchaser Plaintiffs, Plaintiff, represented by Jeff D
Friedman, Hagens Berman Sobol Shapiro LLP, Shana E. Scarlett,
Hagens Berman Sobol Shapiro LLP & Steve W. Berman, Hagens Berman
Sobol Shapiro LLP.
Dell Inc., Plaintiff, represented by Andrew Jacob Tuck, Alston and
Bird LLP, Adrian James Sawyer, Kerr & Wagstaffe LLP, Debra Dawn
Bernstein, Alston & Bird LLP, Elizabeth Helmer Jordan, Alston &
Bird LLP, James Matthew Wagstaffe, Kerr & Wagstaffe LLP, Jon G.
Shepherd, Alston & Bird LLP, Michael P. Kenny, Alston & Bird LLP &
Rodney J Ganske, Alston & Bird LLP.
Dell Products L.P., Plaintiff, represented by Andrew Jacob Tuck,
Alston and Bird LLP, Adrian James Sawyer, Kerr & Wagstaffe LLP,
Debra Dawn Bernstein, Alston & Bird LLP, Elizabeth Helmer Jordan,
Alston & Bird LLP, James Matthew Wagstaffe, Kerr & Wagstaffe LLP,
Jon G. Shepherd, Alston & Bird LLP, Michael P. Kenny, Alston &
Bird LLP & Rodney J Ganske, Alston & Bird LLP.
Direct Purchaser Plaintiffs, Plaintiff, represented by Gregory K
Arenson, Kaplan Fox and Kilsheimer LLP, Aaron Ross Walner, The
Walner Law Firm LLC, Cadio R. Zirpoli, Saveri & Saveri, Inc., Gary
Laurence Specks, Kaplan Fox & Kilsheimer LLP & Guido Saveri,
Saveri & Saveri, Inc.
John McKee, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Benjamin Porter, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Chris Johnson, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Evan Jacobson, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Douglas Hatfield, Plaintiff, represented by Jeff D Friedman,
Hagens Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman
Sobol Shapiro LLP.
Barney Gooman, Jr., Plaintiff, represented by Jeff D Friedman,
Hagens Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman
Sobol Shapiro LLP.
Gregg Cooper, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Benjamin Murray, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Sandra Steffen, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Alex Bissen, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Benjamin Faber, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Matthew Hosking, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Cindy Booze, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Matthew Ence, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Evan Ravenelle, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Mike Reilly, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Angela Pritchard, Plaintiff, represented by Jeff D Friedman,
Hagens Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman
Sobol Shapiro LLP.
Mike Bishop, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Kyle Kovalchek, Plaintiff, represented by Jeff D Friedman, Hagens
Berman Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol
Shapiro LLP.
Kim Wood, Plaintiff, represented by Jeff D Friedman, Hagens Berman
Sobol Shapiro LLP & Shana E. Scarlett, Hagens Berman Sobol Shapiro
LLP.
Hewlett-Packard Company, Plaintiff, represented by Alistair B.
Dawson, Beck Redden & Secrest, Beatrice B. Nguyen, Crowell &
Moring LLP, Andre Mauricio Pauka, Bartlit Beck Herman Palenchar &
Scott, Angela Julie Yu, Crowell and Moring LLP, Daniel Robert
Brody, Bartlit Beck Herman Palenchar and Scott LLP, Daniel A
Sasse, Crowell & Moring LLP, Daniel Allen Sasse, Crowell & Moring
LLP, Lester C Houtz, Bartlit Beck Herman Palenchar and Scott LLP,
Mark E Ferguson, Barlitt Beck Herman Palenchar & Scott, Matthew J.
McBurney, Crowell & Moring LLP & Nathanial John Wood, Crowell &
Moring LLP.
Ingram Micro Inc, Plaintiff, represented by Daniel A Sasse,
Crowell & Moring LLP & Daniel Allen Sasse, Crowell & Moring LLP.
Synnex Corporation, Plaintiff, represented by Daniel A Sasse,
Crowell & Moring LLP & Daniel Allen Sasse, Crowell & Moring LLP.
Acer Inc., Plaintiff, represented by David Bedford Esau, David
Sack, TechKnowledge Law Group LLP, Hsiang James H Lin,
TechKnowledge Law Group LLP & Kaiwen Tseng, TechKnowledge Law
Group LLP.
Acer America Corporation, Plaintiff, represented by David Bedford
Esau, Hsiang James H Lin, TechKnowledge Law Group LLP, David Sack,
TechKnowledge Law Group LLP, Fatima S Alloo, TechKnowledge Law
Group LLP & Kaiwen Tseng, TechKnowledge Law Group LLP.
Gateway, Inc., Plaintiff, represented by David Bedford Esau,
Hsiang James H Lin, TechKnowledge Law Group LLP, David Sack,
TechKnowledge Law Group LLP, Fatima S Alloo, TechKnowledge Law
Group LLP & Kaiwen Tseng, TechKnowledge Law Group LLP.
Gateway U.S. Retail, Inc., Plaintiff, represented by David Bedford
Esau, Hsiang James H Lin, TechKnowledge Law Group LLP, David Sack,
TechKnowledge Law Group LLP, Fatima S Alloo, TechKnowledge Law
Group LLP & Kaiwen Tseng, TechKnowledge Law Group LLP.
Sony Corporation, Defendant, represented by John F. Cove, Jr.,
Boies Schiller & Flexner LLP, Alexis Jane Loeb, Boies Schiller &
Flexner LLP, Beko Osiris Ra Reblitz-Richardson, Boies Schiller &
Flexner LLP, Ian T Simmons, O'Melveny & Myers LLP, Kieran Paul
Ringgenberg, Boies Schiller & Flexner LLP & Steven Christopher
Holtzman, Boies, Schiller & Flexner LLP.
Sony Optiarc America, Inc., Defendant, represented by Alexis Jane
Loeb, Boies Schiller & Flexner LLP, Beko Osiris Ra Reblitz-
Richardson, Boies Schiller & Flexner LLP, Ian T Simmons, O'Melveny
& Myers LLP, John F. Cove, Jr., Boies Schiller & Flexner LLP,
Kieran Paul Ringgenberg, Boies Schiller & Flexner LLP & Steven
Christopher Holtzman, Boies Schiller & Flexner LLP.
Sony Optiarc, Inc., Defendant, represented by John F. Cove, Jr.,
Boies Schiller & Flexner LLP, Alexis Jane Loeb, Boies Schiller &
Flexner LLP, Beko Osiris Ra Reblitz-Richardson, Boies Schiller &
Flexner LLP, Ian T Simmons, O'Melveny & Myers LLP, Kieran Paul
Ringgenberg, Boies Schiller & Flexner LLP & Steven Christopher
Holtzman, Boies, Schiller & Flexner LLP.
LG Electronics, Inc., Defendant, represented by Ameri Rose
Klafeta, Eimer Stahl LLP, Arin Charles Aragona, Eimer Stahl LLP,
Gina K. Lin, Eimer Stahl LLP, Ian T Simmons, O'Melveny & Myers
LLP, Nathan P. Eimer, Eimer Stahl Klevorn & Solberg LLP, Samuel R.
Miller, Sidley Austin LLP & Vanessa Greenwood Jacobsen, Eimer
Stahl LLP.
Hitachi-LG Data Storage, Inc., Defendant, represented by Anthony C
Biagioli, Jane E. Willis, Ropes & Gray LLP, Mark Samuel Popofsky,
Ropes & Gray LLP & Michelle Lynn Visser, Ropes and Gray LLP.
Toshiba Corporation, Defendant, represented by Casandra Leann
Thomson, Latham & Watkins, Daniel Murray Wall, Latham & Watkins
LLP, Deana Louise Cairo, DLA Piper LLP, Belinda S. Lee, Latham &
Watkins, Brendan Andrew McShane, Latham & Watkins LLP, Catherine
E. Palmer, Latham and Watkins LLP & Ian T Simmons, O'Melveny &
Myers LLP.
Samsung Electronics Co., Ltd., Defendant, represented by Ian T
Simmons, O'Melveny & Myers LLP, Haidee L. Schwartz, O'Melveny &
Myers LLP, James Pearl, Kevin Douglas Feder, O'Melveny and Myers
LLP & Qais Ghafary, O'Melveny Myers.
Toshiba Samsung Storage Technology Corporation, Defendant,
represented by Casandra Leann Thomson, Latham & Watkins, Daniel
Murray Wall, Latham & Watkins LLP, Belinda S. Lee, Latham &
Watkins, Brendan Andrew McShane, Latham & Watkins LLP, Catherine
E. Palmer, Latham and Watkins LLP & Ian T Simmons, O'Melveny &
Myers LLP.
Koninklijke Philips N.V., Defendant, represented by Evan Werbel,
Baker Botts LLP, Gina Ann Bibby, Baker Botts LLP, Ian T Simmons,
O'Melveny & Myers LLP, James G. Kress, BAKER BOTTS L.L.P., John M.
Taladay, Baker Botts L.L.P., Jon Vensel Swenson, Baker Botts
L.L.P., Kimberly Ann Murphy, Baker Botts LLP, Stacy Turner, Baker
Botts L.L.P. & William Lavery, Baker Botts LLP.
Lite-On It Corporation, Defendant, represented by Evan Werbel,
Baker Botts LLP, Gina Ann Bibby, Baker Botts LLP, Ian T Simmons,
O'Melveny & Myers LLP, James G. Kress, BAKER BOTTS L.L.P., John M.
Taladay, Baker Botts L.L.P., Jon Vensel Swenson, Baker Botts
L.L.P. & William Lavery, Baker Botts LLP.
Philips & Lite-On Digital Solutions Corporation, Defendant,
represented by Evan Werbel, Baker Botts LLP, Gina Ann Bibby, Baker
Botts LLP, Ian T Simmons, O'Melveny & Myers LLP, James G. Kress,
BAKER BOTTS L.L.P., John M. Taladay, Baker Botts L.L.P., Jon
Vensel Swenson, Baker Botts L.L.P. & William Lavery, Baker Botts
LLP.
Philips & Lite-On Digital Solutions USA, Inc., Defendant,
represented by Evan Werbel, Baker Botts LLP, Gina Ann Bibby, Baker
Botts LLP, Ian T Simmons, O'Melveny & Myers LLP, James G. Kress,
BAKER BOTTS L.L.P., John M. Taladay, Baker Botts L.L.P., Jon
Vensel Swenson, Baker Botts L.L.P. & William Lavery, Baker Botts
LLP.
Teac Corporation, Defendant, represented by David H. Bamberger,
DLA Piper LLP, Aharon Shaul Kaye, Katten Muchin Rosenman LLP,
Deana Louise Cairo, DLA Piper LLP, Erin Gail Frazor, DLA Piper
LLP, Ian T Simmons, O'Melveny & Myers LLP, Mary Ellen Hennessy,
Katten Muchin Rosenman LLP & Paolo Morante, DLA Piper LLP.
Teac America, Inc., Defendant, represented by Aharon Shaul Kaye,
Katten Muchin Rosenman LLP, David H. Bamberger, DLA Piper LLP,
Deana Louise Cairo, DLA Piper LLP, Erin Gail Frazor, DLA Piper
LLP, Ian T Simmons, O'Melveny & Myers LLP, Mary Ellen Hennessy,
Katten Muchin Rosenman LLP & Paolo Morante, DLA Piper LLP.
Hitachi-LG Data Storage, Korea, Inc., Defendant, represented by
Michelle Lynn Visser, Ropes and Gray LLP.
NEC Corporation, Defendant, represented by Ian T Simmons,
O'Melveny & Myers LLP, Matthew Robert DalSanto, Winston and Strawn
LLP, Paul R. Griffin, Winston & Strawn LLP, Robert Benard Pringle,
Winston & Strawn LLP & Sean D. Meenan, Winston and Strawn.
Toshiba Samsung Storage Technology Corp. Korea, Defendant,
represented by Belinda S. Lee, Latham & Watkins, Brendan Andrew
McShane, Latham & Watkins LLP, Catherine E. Palmer, Latham and
Watkins LLP & Ian T Simmons, O'Melveny & Myers LLP.
Quanta Storage Inc, Defendant, represented by William M. Goodman,
Kasowitz, Benson, Torres & Friedman LLP, Ian T Simmons, O'Melveny
& Myers LLP, Jason Takenouchi, Kasowitz, Benson, Torres & Friedman
LLP, Keith A. Walter, Jr., Drinker Biddle & Reath LLP, M. Curt
Lambert, Drinker Biddle and Reath LLP, Margaret Alexandra
Ziemianek, Kasowitz Benson Torres & Friedman LLP, Minda R.
Schechter, Novak Druce Connolly Bove + Quigg LLP, Rudolf E. Hutz,
Novak Druce Connolly Bove + Quigg LLP & Zhun Lu, Drinker Biddle &
Reath LLP.
BenQ Corporation, Defendant, represented by Joel Barry Kleinman,
Ian T Simmons, O'Melveny & Myers LLP, Lisa Marie Kaas, Dickstein
Shapiro LLP & Nicholas Cheolas, Dickstein Shapiro LLP.
BenQ America Corp., Defendant, represented by Joel Barry Kleinman,
Ian T Simmons, O'Melveny & Myers LLP, Lisa Marie Kaas, Dickstein
Shapiro LLP & Nicholas Cheolas, Dickstein Shapiro LLP.
Sony Computer Entertainment America, Inc., Defendant, represented
by John F. Cove, Jr., Boies Schiller & Flexner LLP, Alexis Jane
Loeb, Boies Schiller & Flexner LLP & Kieran Paul Ringgenberg,
Boies Schiller & Flexner LLP.
LG Electronics USA, Inc., Defendant, represented by Ameri Rose
Klafeta, Eimer Stahl LLP, Arin Charles Aragona, Eimer Stahl LLP,
Gina K. Lin, Eimer Stahl LLP, Ian T Simmons, O'Melveny & Myers
LLP, Nathan P. Eimer, Eimer Stahl Klevorn & Solberg LLP & Vanessa
Greenwood Jacobsen, Eimer Stahl LLP.
Samsung Electronics America, Inc., Defendant, represented by Ian T
Simmons, O'Melveny & Myers LLP, James Pearl & Kevin Douglas Feder,
O'Melveny and Myers LLP.
Toshiba America Information Systems, Inc., Defendant, represented
by Belinda S. Lee, Latham & Watkins, Brendan Andrew McShane,
Latham & Watkins LLP, Catherine E. Palmer, Latham and Watkins LLP
& Ian T Simmons, O'Melveny & Myers LLP.
Quanta Storage America, Inc., Defendant, represented by William M.
Goodman, Kasowitz, Benson, Torres & Friedman LLP, Ian T Simmons,
O'Melveny & Myers LLP, Jason Takenouchi, Kasowitz, Benson, Torres
& Friedman LLP, Keith A. Walter, Jr., Drinker Biddle & Reath LLP,
M. Curt Lambert, Drinker Biddle and Reath LLP, Margaret Alexandra
Ziemianek, Kasowitz Benson Torres & Friedman LLP, Minda R.
Schechter, Novak Druce Connolly Bove + Quigg LLP, Rudolf E. Hutz,
Novak Druce Connolly Bove + Quigg LLP & Zhun Lu, Drinker Biddle &
Reath LLP.
Panasonic Corporation, Defendant, represented by A. Paul Victor,
Winston & Strawn LLP, David L. Greenspan, Winston & Strawn LLP,
Jeffrey L. Kessler, Winston & Strawn LLP, Elizabeth A Cate,
Winston and Strawn, LLP, George E Mastoris, Winston & Strawn LLP,
Ian T Simmons, O'Melveny & Myers LLP, James F. Lerner, Winston &
Strawn LLP, Kelli L Lanski, Winston & Strawn LLP, Matthew C Oxman,
Dewey Leboeuf LLP, Matthew McDonnell Walsh, Winston & Strawn LLP &
Susannah P. Torpey, Winston & Strawn LLP.
Panasonic Corporation of America, Defendant, represented by
Jeffrey L. Kessler, Winston & Strawn LLP, Jeffrey H. Newhouse,
Winston & Strawn LLP, A. Paul Victor, Winston & Strawn LLP, David
L. Greenspan, Winston & Strawn LLP, George E Mastoris, Winston &
Strawn LLP, James F. Lerner, Winston & Strawn LLP, Matthew
McDonnell Walsh, Winston & Strawn LLP & Susannah P. Torpey,
Winston & Strawn LLP.
Sony Electronics, Inc., Defendant, represented by John F. Cove,
Jr., Boies Schiller & Flexner LLP, Alexis Jane Loeb, Boies
Schiller & Flexner LLP, Ian T Simmons, O'Melveny & Myers LLP &
Kieran Paul Ringgenberg, Boies Schiller & Flexner LLP.
Panasonic Corporation of North America, Defendant, represented by
A. Paul Victor, Winston & Strawn LLP, David L. Greenspan, Winston
& Strawn LLP, Jeffrey L. Kessler, Winston & Strawn LLP, Jeffrey H.
Newhouse, Winston & Strawn LLP, Elizabeth A Cate, Winston and
Strawn, LLP, George E Mastoris, Winston & Strawn LLP, Ian T
Simmons, O'Melveny & Myers LLP, James F. Lerner, Winston & Strawn
LLP, Kelli L Lanski, Winston & Strawn LLP, Matthew C Oxman, Dewey
Leboeuf LLP, Matthew McDonnell Walsh, Winston & Strawn LLP &
Susannah P. Torpey, Winston & Strawn LLP.
Pioneer North America, Inc., Defendant, represented by Eric
Patrick Enson, JONES DAY, Jeffrey Alan LeVee, Jones Day, Kathleen
Patricia Wallace, Attorney at Law & Rachel Hadass Zernik, Jones
Day.
Pioneer Electronics (USA) Inc., Defendant, represented by Eric
Patrick Enson, JONES DAY, Jeffrey Alan LeVee, Jones Day, Kathleen
Patricia Wallace, Attorney at Law & Rachel Hadass Zernik, Jones
Day.
Pioneer Corporation, Defendant, represented by Jeffrey Alan LeVee,
Jones Day, Eric Patrick Enson, JONES DAY & Rachel Hadass Zernik,
Jones Day.
Pioneer High Fidelity Taiwan Co., Ltd., Defendant, represented by
Jeffrey Alan LeVee, Jones Day, Eric Patrick Enson, JONES DAY &
Rachel Hadass Zernik, Jones Day.
Pioneer Digital Design & Manufacturing Company, Defendant,
represented by Jeffrey Alan LeVee, Jones Day & Rachel Hadass
Zernik, Jones Day.
Gregory Starrett, Interested Party, represented by Jeffrey B.
Gittleman, Barrack Rodos & Bacine, Christopher T. Heffelfinger,
Berman DeValerio, Joshua D. Snyder, Boni & Zack LLC & Kimberly Ann
Kralowec.
All Parties, Miscellaneous, represented by Steven Noel Williams,
Cotchett Pitre & McCarthy LLP, Belinda S. Lee, Latham & Watkins &
Shana E. Scarlett, Hagens Berman Sobol Shapiro LLP.
Amazon.com, Inc., Miscellaneous, represented by Vanessa Soriano
Power, Stoel Rives LLP & Jonathan Arthur Miles, Stoel Rives LLP.
U.S. Department of J Antitrust Division, Intervenor, represented
by Sidney A. Majalya, USDOJ - Antitrust Division, Lara Meredith
Kroop, USDOJ - Antitrust Division & Manish Kumar, U.S. Attorney's
Office.
Fanshawe College of Applied Arts and Technology, Intervenor,
represented by Karl Olson, Ram, Olson, Cereghino & Kopczynski LLP
& Susan S. Brown, Ram, Olson, Cereghino & Kopczynski LLP.
PAL'S SHANTY: Does Not Pay Employees Overtime, Action Claims
------------------------------------------------------------
Michelle Rocksmore, both in her capacity as an individual and, in
addition, on behalf of others similarly situated v. Sharon Hanson,
James "Jimmy" Hanson and Pal's Shanty, Inc., an Oregon
corporation, Case No. 3:14-cv-01114 (D. Or., July 14, 2014), seeks
to recover overtime compensation and other relief under the Fair
Labor Standards Act.
Pal's Shanty, Inc. is a restaurant owned and managed by Sharon
Hanson and James "Jimmy" Hanson.
The Plaintiff is represented by:
Jon M. Egan, Esq.
Jon M. Egan, P.C.
240 Sixth Street
Lake Oswego, OR 97034-2931
Telephone: (503) 697-3427
Facsimile: (866) 311-5629
E-mail: jegan@eganlegalteam.com
PARTNER COMMUNICATIONS: Unit Faces NIS27-Mil. Class Action
----------------------------------------------------------
Partner Communications Company Ltd., an Israeli mobile
communications operator, on July 15 disclosed that its fully owned
subsidiary, 012 Smile Telecom Ltd., was served with a lawsuit and
a motion for the recognition of this lawsuit as a class action,
filed against 012 Smile on July 13, 2014 in the Central District
Court.
The claim alleges that 012 Smile increased the service tariffs in
certain tariff plans for fixed-line telephony services not in
accordance with 012 Smile's representations and the terms of the
subscriber agreement.
If the lawsuit is recognized as a class action the total amount
claimed against 012 Smile is estimated by the plaintiff to be
approximately NIS27 million.
012 Smile is reviewing and assessing the lawsuit and 012 Smile and
Partner are unable, at this preliminary stage, to evaluate, with
any degree of certainty, the probability of success of the lawsuit
or the range of potential exposure, if any.
PETROLOGISTICS LP: WeissLaw Files Securities Class Action
---------------------------------------------------------
WeissLaw LLP on July 15 disclosed that it filed a class action
lawsuit on June 20, 2014, in the U.S. District Court, Southern
District of Texas, on behalf of the unitholders of PetroLogistics
LP against PetroLogistics, its Board of Directors, its general
partner (PetroLogistics GP LLC), Propylene Holdings LLC, Flint
Hills Resources, LLC, and FHR Propylene, LLC for, among other
things, violations of sections 14(a) and 20(a) of the Securities
and Exchange Act of 1934 in connection with the proposed
acquisition of PetroLogistics by Flint Hill.
The complaint arises out of a May 8, 2014 press release in which
PetroLogistics and Flint Hills, a subsidiary of Koch Industries,
Inc., jointly announced that they entered into a definitive merger
agreement pursuant to which Flint Hills will pay PetroLogistics'
public unitholders $14.00 in cash for each common unit they own.
The complaint seeks injunctive relief on behalf of the named
plaintiff and all other similarly situated unitholders of
PetroLogistics as of May 8, 2014. The named plaintiff is
represented by WeissLaw LLP.
The named plaintiff alleges that (i) certain of the defendants
breached, or aided and abetted the other defendants' breaches of,
their fiduciary duties of loyalty and due care owed to
PetroLogistics unitholders; and (ii) in an attempt to secure
unitholder approval of the Proposed Transaction, the defendants
filed a materially false and misleading preliminary proxy
statement on Schedule 14A with the SEC in violation of the
Exchange Act and their state law fiduciary duties of candor and
full disclosure. The omitted and/or misrepresented information is
believed to be material to PetroLogistics unitholders' ability to
make an informed decision whether to approve the Proposed
Transaction.
If you wish to serve as lead plaintiff, you must move the Court no
later than sixty days from July 15, 2014. If you wish to discuss
this action or have any questions concerning this notice or your
rights or interests, please contact Joshua M. Rubin, Esq. of
WeissLaw LLP at 888.593.4771, or by e-mail at
stockinfo@weisslawllp.com
Any member of the 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.
WeissLaw LLP has litigated hundreds of stockholder class and
derivative actions for violations of corporate and fiduciary
duties.
PLY GEM: Fails to Disclose Financial Status, Suit Claims
--------------------------------------------------------
John Stevens, Individually and On Behalf of All Others Similarly
Situated v. Ply Gem Holdings, Inc., Gary E. Robinette, Shawn K.
Poe, Frederick J. Iseman, Robert A. Ferris, Steven M. Lefkowitz,
John D. Roach, Michael P. Haley, Timothy T. Hall, Jeffrey T.
Barber, J.P. Morgan Securities LLC, Credit Suisse Securities (USA)
LLC, Goldman, Sachs & CO., UBS Securities LLC, Deutsche Bank
Securities Inc., Zelman Partners LLC, BB&T Capital Markets, and
Stephens Inc., Case No. 1:14-cv-05283 (S.D.N.Y., July 14, 2014),
is brought against the Defendants for failure to disclose Ply
Gem's financial results and conditions.
Ply Gem Holdings, Inc. manufactures a variety of products utilized
in residential and commercial construction, including siding,
fencing, stone, windows, and doors.
Gary E. Robinette, Shawn K. Poe, Frederick J. Iseman, Robert A.
Ferris, Steven M. Lefkowitz, John D. Roach, Michael P. Haley,
Timothy T. Hall and Jeffrey T. Barber are members of the Board of
Directors of Ply Gem Holdings, Inc.
J.P. Morgan Securities LLC, Credit Suisse Securities (USA) LLC,
Goldman, Sachs & CO., UBS Securities LLC, Deutsche Bank Securities
Inc., Zelman Partners LLC, BB&T Capital Markets, and Stephens Inc.
were underwriters of the Company's Initial Public Offering.
The Plaintiff is represented by:
Brian D. Spitz, Esq.
SPITZ LAW FIRM
Ste. 290, 4620 Richmond Road
Warrensville Heights, OH 44128
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: brian.spitz@spitzlawfirm.com
PLY GEM: Brodsky & Smith Law Firm Files Class Action in New York
----------------------------------------------------------------
Law Office of Brodsky & Smith, LLC on July 15 disclosed that it
has commenced a class action lawsuit in the Southern District of
New York on behalf of purchasers of Ply Gem Holdings, Inc. common
stock pursuant and/or traceable to the Company's initial public
offering ("IPO") on or about May 23, 2013, seeking to pursue
remedies under the Securities Act of 1933.
Ply Gem is a self-described "leading manufacturer of exterior
building products" in North America. The Company manufactures a
variety of products utilized in residential and commercial
construction, including siding, fencing, stone, windows, and
doors. On or about May 23, 2013, the Company filed its IPO
Materials and conducted its IPO, selling over 18 million shares of
common stock to investors at a price of $21.00 per share.
However, Ply Gem's shareholders would slowly discover that the IPO
Materials were negligently prepared and failed to discuss a number
of known material trends and events that were likely to have a
material adverse effect on Ply Gem's financial results and
condition. For example, the IPO Materials negligently failed to
disclose that Ply Gem had entered into a supply contract with Home
Depot that required the Company to (i) buy back inventory from
Home Depot and (ii) sell a large volume of low-priced/low-margin
product to Home Depot. The IPO Materials also negligently failed
to disclose that Ply Gem was experiencing ongoing labor
inefficiencies and other costs associated with, among other
things, the production of the low-priced/low-margin products for
Home Depot.
On August 13, 2013, Ply Gem's executive officers revealed that
"labor resource requirements," "abnormal inefficiencies," and a
"lower-end mix of product sold" to Home Depot had negatively
impacted the Company's financial results for the second quarter of
2013. Following this disclosure, shares of the Company's stock
declined $3.66 per share, or 19.3%, to close on August 13, 2013 at
$15.26 per share.
On November 6, 2013, Ply Gem executives held a conference call to
discuss the Company's third quarter 2013 financial results.
During the call, Ply Gem's executive officers discussed, among
other things, how product pricing, expenses related to an
"inventory buyback" from Home Depot, labor "ramp up costs" from
scaling up the Company's workforce to meet demand, and a high
employee turnover rate had negatively impacted the Company's
financial results for the third quarter of 2013.
On January 10, 2014, the Company issued a press release providing
an "update" on its 2013 fourth quarter. Citing a "continued lag
in demand for . . . higher profit margin 'big ticket' repair and
remodeling products," the Company announced that it expected to
report disappointing net sales and earnings results for the fourth
quarter, and disclosed additional details about its labor
inefficiencies. Following these disclosures, shares of the
Company's stock declined an additional $2.92 per share, or over
17%, to close on January 13, 2014 at $14.07 per share.
Finally, on March 14, 2014, Ply Gem reported its fourth quarter
and full year 2013 financial results, which included disappointing
net sales, earnings and gross profit margin. Ply Gem's executive
officers also disclosed, among other things, that as result of an
"unexpected drop in demand," the Company had "experienced a number
of operating inefficiencies, predominately labor inefficiencies,"
at its manufacturing facilities. Following these disclosures,
shares of the Company's stock fell an additional $0.44 per share,
or nearly 4%, to close on March 14, 2014 at $11.55 per share.
Ply Gem shareholders may, no later than July 18, 2014, move the
Court to serve as a lead plaintiff of the class. In order to be
appointed as a 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 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.
If you own shares of Ply Gem common stock and wish to discuss this
action, or if you have any questions, you may e-mail or call the
law office of Brodsky & Smith, LLC who will, without obligation or
cost to you, attempt to answer your questions. You may contact
Jason L. Brodsky, Esquire or Evan J. Smith, Esquire at Brodsky &
Smith, LLC, Two Bala Plaza, Suite 602, Bala Cynwyd, PA 19004, by
e-mail at investorrelations@brodsky-smith.com by visiting
http://brodsky-smith.com/790-pgem-ply-gem-holdings-inc.htmlor
calling toll free 877-LEGAL-90.
Brodsky & Smith, LLC is a litigation law firm that represents
shareholders in securities and case action lawsuits.
QUALITY AUTO: Faces "Vaca" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Jorge Vaca v. Quality Auto Body, Inc., d/b/a M & S Auto Body,
Inc., and Victor Senofonte, individually, Case No. 2:14-cv-04399
(D.N.J., July 11, 2014), seeks to recover unpaid minimum wages,
unpaid overtime compensation, liquidated damages prejudgment and
post-judgment interest, and attorneys' fees and costs.
Quality Auto Body, Inc. is in the automobile repair business in
several counties in the State of New Jersey.
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
Jodi Jill Jaffe, Esq.
JAFFE GLENN LAW GROUP PA
Building 2, Suite 220
168 Franklin Corner Road
Lawrenceville, NJ 08648
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: aglenn@jaffeglenn.com
jjaffe@jaffeglenn.com
REGADO BIOSCIENCES: Sued Over False & Misleading Company Reports
----------------------------------------------------------------
William Alston, Individually and on Behalf of All Others Similarly
Situated v. Regado Biosciences, Inc., Christopher E. Courts, R.
Don Elsey, B. Jefferson Clark, Anton Gopka, P. Sherrill Neff,
Dennis Podlesak, Jesse Treu, Rapha‰l Wisniewski, BMO Capital
Markets Corp., Cowen and Company, LLC, Canaccord Genuity Inc.,
Needham & Company, LLC, and Wedbush Securities Inc., Case No.
3:14-cv-04380 (D.N.J., July 11, 2014), arises from the false and
misleading statements made by the Defendants, as well as failed to
disclose material adverse facts about the Company's business,
operations, and prospects.
Regado Biosciences, Inc. is a development stage biopharmaceutical
company focused on the discovery and development of novel, first-
in-class, actively controllable antithrombotic drug systems for
acute and sub-acute cardiovascular indications.
The Plaintiff is represented by:
Laurence Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
609 W. South Orange Avenue, Suite 2P
South Orange, NJ 07079
Telephone: (973) 313-1887
Facsimile: (973) 833-0399
Email: lrosen@rosenlegal.com
- and -
Lionel Z. Glancy, Esq.
Michael Goldberg, Esq.
Robert V. Prongay, Esq.
Elaine Chang, Esq.
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
RES-CARE INC: Sued Over Failure to Pay Overtime Pursuant to FLSA
----------------------------------------------------------------
Jarod Jackson and other similarly situated individuals v. Res-
Care, Inc., a Foreign Profit Corporation, Case No. 1:14-cv-22629
(S.D. Fla., July 14, 2014), is brought against the Defendant for
failure to pay overtime compensation pursuant to Fair Labor
Standards Act.
Res-Care, Inc. provides home care services.
The Plaintiff is represented by:
Anthony Maximillien Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
Court House Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: agp@rgpattorneys.com
SOBTAX NY: Faces "Jones" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Shatima Jones, Katty Vasquez, Wasler Ligene, Karen Haughton,
Chaya Jackson, Charles Lambo, individually and on behalf
of all other persons similarly situated v. Sobtax NY, Inc.,
Mandeep Sobti, Anjeet Sobti, and John Does #1-10, Case No. 1:14-
cv-05168 (S.D.N.Y., July 11, 2014), seeks to recover unpaid wages
for overtime work and liquidated damages, declaratory relief,
costs, interest and attorneys' fees pursuant to the Fair Labor
Standards Act.
Sobtax NY, Inc. operates tax preparation offices located at 882
Gerard Avenue, Bronx, N.Y. 10452.
The Plaintiff is represented by:
William Coudert Rand, Esq.
LAW OFFICE OF WILLIAM COUDERT RAND
488 Madison Ave., Suite 1100
New York, NY 10022
Telephone: (212) 286-1425
Facsimile: (646) 688-3078
SP AUSNET: Settles Bushfire Class Action for A$500 Million
----------------------------------------------------------
The Associated Press reports that survivors of one of Australia's
deadliest bush fires are to be awarded nearly A$500 million
(HK$3.6 billion) in a class action settlement reached on July 14,
the largest such compensation in the nation's history.
The fire, which killed 119 people, was the biggest in a series of
blazes that tore through the southern state of Victoria in 2009,
leaving 173 people dead and destroying more than 2,000 homes in
just over a single day.
More than 5,000 people joined the class action against electricity
provider SP AusNet, arguing that the company was negligent because
it had not maintained its power lines, which sparked the fire.
The group also sued Utility Services Corporation, which SP AusNet
hired to maintain the lines, and the Victorian government.
On July 14, the defendants agreed to pay a total of A$494.7
million. Andrew Watson, representing the plaintiffs, said the
settlement still needed final court approval. It would then take
12 to 18 months to distribute the payouts, he said.
"No amount of money will ever compensate those who were affected
by the fire for the losses they have suffered," Mr. Watson said.
"But this settlement . . . represents a measure of justice and
some real compensation that will ease the financial burden of
their suffering."
SP AusNet said it had agreed to the settlement, but had not
admitted liability. The company said the conductor that broke and
sparked the fire had been damaged by lightning.
TERRA HOLDINGS: Sued in N.Y. for Illegal Use of Consumer Reports
----------------------------------------------------------------
Kevin A. Jones, on behalf of himself and others similarly situated
v. Terra Holdings, LLC, Case No. 1:14-cv-05179 (S.D.N.Y., July 11,
2014), is brought against the Defendant for violation of the Fair
Credit Reporting Act specifically by using a consumer report to
make an "adverse" employment decision without, beforehand,
providing the person who is the subject of the report a copy of
the report.
Terra Holdings, LLC, is a residential brokerage firm in New York.
The Plaintiff is represented by:
Monica Welby, Esq.
Sally Friedman, Esq.
LEGAL ACTION CENTER
225 Varick Street, Suite 402
New York, NY 10014
Telephone: (212)243-1313
Facsimile: (212)675-0286
Email: mwelby@lac.org
sfriedman@lac.org
- and -
James A. Francis, Esq.
Mark D. Mailman, Esq.
David A. Searles, Esq.
FRANCIS & MAILMAN
100 S. Broad Street, 19th Floor
Philadelphia, PA 19110
Telephone: (215)735-8600
Facsimile: (215)940-8000
Email: jfrancis@consumerlawfirm.com
mmailman@consumerlawfirm.com
dsearles@consumerlawfirm.com
TRINITY HEALTH: Fails to Maintains Pension Plans, Suit Claims
-------------------------------------------------------------
Anita Lann and Jean Atcherson, on behalf of themselves,
individually, and on behalf of all others similarly situated, and
on behalf of the Trinity Plans v. Trinity Health Corporation, an
Indiana Non-profit Corporation, Che Trinity Inc., an Indiana Non-
Profit Corporation, James Bosscher, an individual, Debra Canales,
an individual, John and Jane Does 1-20, Members Of The Trinity
Health Corporation Benefits Committee, each an individual;
John and Jane Does 21-40, Members Of The Trinity Health Human
Resources And Compensation Committee, each an individual; John and
Jane Does 41-60, each an individual, Case No. 8:14-cv-02237 (D.
Md., July 11, 2014), is brought against the Defendant for failure
to properly maintain its pension plans under The Employee
Retirement Income Security Act.
Trinity Health Corporation operates a hospital conglomerate and
provides healthcare services.
The Plaintiff is represented by:
Robert Joseph Barton, Esq.
Karen L. Handorf, Esq.
Michelle Yau, Esq.
Bruce Rinaldi, Esq.
Mary J. Bortscheller, Esq.
Matthew A. Smith, Esq.
COHEN MILSTEIN SELLERS AND TOLL PLLC
1100 New York Ave NW West Tower Ste 500
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: jbarton@cohenmilstein.com
khandorf@cohenmilstein.com
myau@cohenmilstein.com
brinaldi@cohenmilstein.com
mbortscheller@cohenmilstein.com
msmith@cohenmilstein.com
- and -
Lynn Lincoln Sarko, Esq.
Havila Unrein, Esq
Matthew Gerend, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: (206) 623-1900
Facsimile: (206) 623-3384
E-mail: lsarko@kellerrohrback.com
hunrein@kellerrohrback.com
mgerend@kellerrohrback.com
- and -
Ron Kilgard, Esq.
Laurie B. Ashton, Esq.
KELLER ROHRBACK P.L.C.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Telephone: (602) 248-0088
Facsimile: (602) 248- 2822
Email: rkilgard@kellerrohrback.com
lashton@kellerrohrback.com
TROTT & TROTT: Court Dismisses "Zapp" Suit with Prejudice
---------------------------------------------------------
Jennifer L. Zapp, Plaintiff, v. Trott & Trott, P.C., Defendant,
CASE NO. 13-CV-12998 MAG, (E.D. Mich.) is a consumer credit case.
Pending are plaintiff's counsel's motion to withdraw and
defendant's cross-motion to dismiss the case in accordance with an
agreed-upon settlement.
The Plaintiff filed suit against the defendant on July 12, 2013,
alleging a violation of the Fair Debt Collection Practices Act, 15
U.S.C. Section 1692 et seq. with respect to herself, as well as
raising the potential for a class action suit on behalf of those
similarly situated. On March 10, 2014, the parties reached a
tentative settlement agreement, the terms of which included a
dismissal of all claims in exchange for $15,000. On March 11,
2014, the parties filed a notice of settlement with the Court, and
stated that they would stipulate to dismissal within 14 days.
The parties then spent the next few weeks attempting to iron out
the details of the settlement. On March 31, 2014, plaintiff's
counsel sent a final redlined version of the settlement agreement
to defendant. Defendant agreed to the final version later that
day. The Plaintiff refused to sign the agreed-upon settlement, and
four days later, on April 3, 2014, the plaintiff's counsel filed a
motion to withdraw based on a breakdown in the attorney-client
relationship.
In a July 11, 2014 ruling, a copy of which is available at
http://is.gd/0Q0vDIfrom Leagle.com, District Judge Judith E. Levy
ordered that the Plaintiff's complaint is dismissed with
prejudice, and the Plaintiff's counsel's motion to withdraw is
denied as moot.
Jennifer L. Zapp, Plaintiff, represented by Brian P. Parker --
brianparker@collectionstopper.com -- Brian P. Parker Assoc.
Trott & Trott, Defendant, represented by Bruce L. Segal --
bsegal@honigman.com -- Honigman, Miller, & Joseph Aviv --
javiv@honigman.com -- Honigman, Miller.
Trott & Trott PC, Defendant, represented by Bruce L. Segal,
Honigman, Miller, & Joseph Aviv, Honigman, Miller,.
TWIN AMERICA: Oct. 20 Class Action Settlement Approval Hearing Set
------------------------------------------------------------------
If You Bought Gray Line or CitySights "Hop-On, Hop-Off" Bus Tours
in New York City You Could Get a Refund of Up to $20 Per Ticket
There is a $19 million Settlement with Twin America, LLC, Coach
USA, Inc., International Bus Services, Inc., CitySights LLC, and
City Sights Twin, LLC (together called the "Defendants").
The lawsuit claims that Coach and CitySights conspired to form a
joint venture, Twin America, against state and federal law. The
lawsuit claims that this new company dominated the "hop-on, hop-
off" bus tour business in New York City enabling the Defendants to
fix ticket prices and reduce competition -- resulting in higher
ticket prices for customers. The Defendants deny that they did
anything wrong.
Who is included in the Settlement?
Generally, the Settlement includes anyone who bought Gray Line or
CitySights "hop-on, hop-off" bus tours in New York City from
February 1, 2009 until June 16, 2014.
What does the Settlement provide?
The Settlement Fund will pay Class Members up to $20 per eligible
Hop-On, Hop-Off ticket. The cost to administer the Settlement as
well as attorney fees and the payments to the Class
Representatives will come out of the Settlement Fund.
If there is any money left in the Settlement Fund after claims,
costs, and taxes have been paid, it will be given to the
Department of Justice, Antitrust Division, and/or the New York
Attorney General's Office.
How can I get a payment?
File a claim online or by mail no later than January 19, 2015.
What are my rights?
Even if you do nothing you will be bound by the Court's decisions.
If you want to keep your right to sue the Defendants yourself, you
must exclude yourself from the Settlement Class by September 5,
2014. If you stay in the Settlement Class, you may object to the
Settlement by September 5, 2014.
The Court will hold a hearing on October 20, 2014 to consider
whether to approve the Settlement and a payment of attorneys' fees
up to one-third of the Settlement Fund, plus reimbursement of
expenses, and a special service payment of $20,000 each to two
Class Representatives. You or your own lawyer may appear and
speak at the hearing at your own expense.
Call 1-866-431-9265 with questions or visit
http://www.TourBusSettlement.com
UNITED FLOOR: "Aguilar" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
Raul Aguilar and all others similarly situated under 29 U.S.C.
216(B) v. United Floor Crew, Inc., Dennis Larios, Case No. 0:14-
cv-61605 (S.D. Fla., July 11, 2014), seeks to recover unpaid
overtime and minimum wages for work performed in excess of 40
hours weekly.
United Floor Crew, Inc. commercial cleaning business.
The Plaintiff is represented by:
Jamie H. Zidell, Esq.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: 865-7167
E-mail: ZABOGADO@AOL.COM
US BANK: Statistical Sampling Used to Determine Liability in Suit
-----------------------------------------------------------------
Anthony J. Oncidi, Esq. -- aoncidi@proskauer.com -- of Proskauer
Rose LLP, in an article for The National Law Review, reports that
plaintiffs in Duran v. U.S. Bank Nat'l Ass'n, 59 Cal. 4th 1
(2014)are loan officers for U.S. Bank who claim they were
misclassified as exempt employees under the outside salesperson
exemption. After certifying a class of 260 plaintiffs, the trial
court devised a plan to determine the extent of USB's liability to
all class members by extrapolating from a random sample of 21
plaintiffs. Based on testimony from the small sample group, the
trial court found the entire class had been misclassified and
ultimately rendered a verdict of approximately $15 million (an
average recovery of over $57,000 per employee). The California
Supreme Court affirmed the judgment of the court of appeal
reversing the trial court's judgment and holding that the trial
plan's reliance on a representative sampling to determine
liability denied USB its due process right to litigate affirmative
defenses. The Court concluded that "[i]f statistical methods are
ultimately incompatible with the nature of the plaintiffs' claims
or the defendant's defenses, resort to statistical proof may not
be appropriate. Procedural innovation must conform to the
substantive rights of the parties."
*********
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. Ma. Cristina
Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan,
Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A.
Chapman, Editors.
Copyright 2014. 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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