CAR_Public/141020.mbx              C L A S S   A C T I O N   R E P O R T E R

            Monday, October 20, 2014, Vol. 16, No. 208

                             Headlines

661 NORTHERN: Sued in N.Y. Over Failure to Properly Pay Employees
AMBIT BIOSCIENCES: Faces Suit in Delaware Over Proposed Merger
AMERICAN HEALTHCARE: "Atienza" Suit Seeks to Recover Unpaid OT
AMERICAN STANDARD: "Seabron" Suit Bifurcated; New Cases Opened
ADAMA AGRICULTURAL: Denial of Cert. in Nuisance Lawsuit Appealed

AGFEED USA: Hires Epiq as Class Action Noticing & Claims Agent
AIR SERV: NY App. Court Upholds Certification in "Williams" Suit
AUSNET ELECTRICITY: Faces Class Action Over Jack River Fire
BANKRATE INC: Faces "Tong" Securities Lawsuit in Florida Court
BMW OF NORTH AMERICA: Judge Tosses Mini Cooper Pump Class Action

BMW OF NORTH AMERICA: Warranty Settlement Gets Prelim. Court OK
BP PLC: National Chamber Supports Oil Spill Settlement Challenge
BUDDY'S KITCHEN: Recalls 62,488 Lbs. of Meat and Poultry Products
BURGER KING: Faces "Schadt" Suit Over Failure to Pay Overtime
CALIFORNIA OLIVE: Recalls Pumpkin Seed Pesto

CAMIN CARGO: Faces "Monceaux" Suit Over Failure to Pay Overtime
CANACCORD GENUITY: Sued in N.H. Over Misleading Financial Reports
CAREFUSION CORP: Being Sold for Too Little, Shareholder Claims
CARMAX INC: Labor Suit v. Superstores Remanded to Appeals Court
CARMAX INC: Receives $20.9MM Settlement in Toyota Liability Suit

CHARTER COMMUNICATIONS: Class Cert. Bid in Davenport Case Tossed
CHIPOTLE MEXICAN: Ct. Rules on Plaintiffs' Bid to Strike Answer
CHIQUITA BRANDS: Faces Shareholder Suit Over Fyffes Merger
COCA-COLA CO: Vitaminwater Settlement Gets Prelim. Court Okay
CORRECTIONS CORPORATION: Suit Seeks to Recover Unpaid Overtime

COUNTRY NISSAN: "Ontiveros" Suit Settlement Gets Final Court Nod
COVIDIEN LLC: Recalls Puritan Bennett 980 Series Ventilator
DHW WELL: Faces "Bouchard" Suit Over Failure to Pay Overtime
DIMENSION INDUSTRIES: Recalls Sling Cafe Sets Due to Fall Hazard
DISTRICT OF COLUMBIA: Judge Won't End Education System Monitoring

FEDEX CORP: Ruling in Drivers' Class Action Based on Old Practice
FIRST FINANCIAL: Faces "Wallace" Suit Over Violation of FLSA
FLUID HANDLING: Recalls Low Water Cut-Off Control Units
FORD MOTOR: Faces "Campbell" Suit in Illinois District Court
FRESH FOOD: Recalls 1,008 Lbs. of Italian Style Wedding Soup

GALANT FOOD: Recalls 410 Lbs. of Beef Products
GALANT FOOD: Recalls 130 Lbs. of Beef Products
GEMINI SURFACES: "Mijares" Suit Seeks to Recover Unpaid Overtime
GERBER PRODUCTS: Must Face Fifth Amended Probiotic Complaint
GROVE CITY, PA: Former USIS Employee Files Suit Over Termination

HOSPIRA INC: Recalls Several Products in LifeCare Line
ITT EDUCATIONAL: Faces "Jindal" Suit Over Deceptive Fin'l Reports
JEFFERIES GROUP: Bares Updates on Suits Over Leucadia Transaction
KUM & GO: Bid to Strike Offer of Judgment in "Claxton" Okayed
KUO HUA: Recalls 3:15 PM Products Due to Undeclared Milk

KWIKWETLEM FIRST NATION: Members Sue Chief Over Bonus
KYMCO USA: Recalls ATVs Due to Burn & Fire Hazards
LES ALIMENTS: Recalls Star Mixed Fruit Drink
LINKEDIN CORPORATION: Sued Over Breach of Credit Reporting Law
LOS ANGELES, CA: Accused of Withholding Psychotropic Medication

LUNADA BIOMEDICAL: Order Striking Declaratory Relief Case Upheld
MCDONALD'S USA: "Hornsby" Lawsuit Denied Class Certification
MICHAELS STORES: Recalls Folding Tables Due to Fall Hazard
MILLENNIAL MEDIA: Faces Shareholder Class Action in New York
MISSOURI: Civil Trials Put on Hold Amid SORTS Class Action

NATIONSTAR MORTGAGE: Class Cert. Bid in "Burton" Case Denied
NEW ENERGY SYSTEMS: Court Dismisses Securities Litigation
OCWEN FINANCIAL: Alfred Yates Law Firm Files Class Action
OPTIMUM NUTRITION: Falsely Marketed Protein Products, Suit Claims
PENNSYLVANIA: App. Court Vacates Dismissal of "Pelzer" Case

PORTFOLIO RECOVERY: Sued in California Over Violation of FDCPA
R&A OYSTERS: Accused of Not Properly Paying Mexican Guest Workers
SCOPE SERVICES: Faces "Gray" Suit Over Failure to Pay Overtime
SIGMA-ALDRICH CORP: Robbins Arroyo Files Class Action Over Buyout
SIMPLICITY BANCORP: Being Sold for Too Little, Class Suit Claims

SOUTH FLORIDA REFINISHING: Sued Over Failure to Pay Overtime
SUNSOF INC: FLSA Case by Factory Workers Dismissed
SUPER NICE: "Pierre" Suit Seeks to Recover Unpaid Overtime Wages
SYNGENTA CORPORATION: Sued Over Damages Caused by Viptera Corn
TIBCO SOFTWARE: Faces 3 Class Actions Over Merger Agreement

TPE INC: "Bonilla-Diaz" Suit Seeks to Recover Unpaid Overtime
TURKEY VALLEY: Sued Over Violation of Fair Labor Standards Act
TURKISH REPUBLIC: Court Dismissed Suit Over Cyprus Property Spat
UEBT RETIREE: Sued in N.D. California Over Violation of ERISA
VOXX INTERNATIONAL: No Lead Plaintiff Yet in N.Y. Stock Lawsuit

WYNDHAM VACATION: Court Says Meeting Recordings Are Not Protected

* William Holder Joins Cornerstone Research as Senior Advisor


                            *********


661 NORTHERN: Sued in N.Y. Over Failure to Properly Pay Employees
-----------------------------------------------------------------
Ashraf Hussain, on behalf of himself and all others similarly
situated v. 661 Northern Blvd, LLC d/b/a Burton & Doyle
Steakhouse, Burton and Doyle of Great Neck LLC, Mario Sbarro,
Joseph Zangri, and Bert E. Brodsky, Case No. 2:14-cv-05924
(E.D.N.Y., October 9, 2014), is brought against the Defendants for
failure to pay minimum and overtime wages under the Fair Labor
Standards Act.

The Defendants own and operate Burton & Doyle restaurant at 661
Northern Boulevard, Great Neck, New York 11021.

The Plaintiff is represented by:

      Yesenia Francisco, Esq.
      BERKE-WEISS & PECHMAN LLP
      488 Madison Avenue, Suite 1120
      New York, NY 10022
      Telephone: (212) 583-9500
      Facsimile: (212) 308-8582
      E-mail: francisco@bwp-law.com

         - and -

      Louis Pechman, Esq.
      BERKE-WEISS & PECHMAN LLP
      488 Madison Avenue, 11th Floor
      New York, NY 10022
      Telephone: (212) 583-9500
      Facsimile: (212) 208-8582
      E-mail: pechman@bwp-law.com


AMBIT BIOSCIENCES: Faces Suit in Delaware Over Proposed Merger
--------------------------------------------------------------
Courthouse News Service reports that directors are selling Ambit
Biosciences too cheaply through an unfair process to Daiichi
Sankyo, for $15 a share or $410 million, shareholders claim in a
class action in Delaware Chancery Court.


AMERICAN HEALTHCARE: "Atienza" Suit Seeks to Recover Unpaid OT
--------------------------------------------------------------
Michael Atienza, individually, and on behalf of all others
similarly situated v. American Healthcare Facility Management
Group, Inc., Axis Point Alternative Solutions, Inc., American
Manpower Resource Provider, Inc., and Michael Urbino, Case No.
1:14-cv-08137 (S.D.N.Y., October 9, 2014), seeks to recover unpaid
overtime compensation and for other relief under the Fair Labor
Standards Act.

The Defendants own and operate an employment, recruitment, and
staffing business location at 80 River Street, Hoboken, New
Jersey.

The Plaintiff is represented by:

      Neil H. Greenberg, Esq.
      NEIL H. GREENBERG & ASSOCIATES, PC
      900 Merchants Concourse, Suite 314
      Westbury, NY 11590
      Telephone: (516)228-5100


AMERICAN STANDARD: "Seabron" Suit Bifurcated; New Cases Opened
--------------------------------------------------------------
District Judge William J. Martinez entered an order directing
court clerk to open new cases in the action KATHLEEN SEABRON,
ROBERT LAYS, CARLA LAYS, and KRISTY LARSON, Plaintiffs, v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, and AMERICAN STANDARD
INSURANCE COMPANY OF WISCONSIN, Defendants, CIVIL ACTION NO.
11-CV-01096-WJM-KMT (D. Colo).

The case was originally filed as a class action brought on behalf
of all Colorado residents who have had claims on their
uninsured/underinsured motorist policies submitted to Defendants'
medical services or legal services divisions.  However, because
the Court denied Plaintiffs' Motion for Class Certification, the
action is proceeding only as to the named Plaintiffs.

On August 6, 2014, the Court granted Defendants' Motion to
Bifurcate and held that this case will proceed to three separate
trials.  The Final Pretrial Order was entered on September 25,
2014, and anticipates the setting of three trials.  Thus, the
Court finds that keeping the four Plaintiffs claims together in
the action has the potential to confuse the parties, and will
unnecessarily complicate case management for the Court and the
parties.  Accordingly, the Court ruled that:

   -- The Court Clerk will open new cases, one for the claims
      brought by Plaintiffs Carla and Robert Lays, and one for the
      claims brought by Plaintiff Kristy Larsen; and

   -- Plaintiff Kathleen Seabron's claims will remain pending in
      this case.

The District Court's Oct. 3, 2014 Order is available at
http://is.gd/aJtXoRfrom Leagle.com.

American Standard Insurance Company of Wisconsin, Defendant, is
represented by Daniel David Williams, Esq. --
dan.williams@FaegreBD.com , Hetal Janak Doshi, Esq. --
hetal.doshi@FaegreBD.com , Michael S. McCarthy, Esq. --
michael.mccarthy@FaegreBD.com , Russell O. Stewart, Esq. --
russell.stewart@FaegreBD.com -- of Faegre Baker Daniels LLP; as
well as Debra K. Sutton, Esq. -- dsutton@suttonbooker.com , and
Scott Calvin James, Esq. -- sjames@suttonbook.com -- of Sutton
Booker, P.C.


ADAMA AGRICULTURAL: Denial of Cert. in Nuisance Lawsuit Appealed
----------------------------------------------------------------
Plaintiffs in a suit against Adama Agricultural Solutions Ltd.,
alleging damages caused due to odor and noise nuisances, are
appealing a decision rejecting a request for certification of the
case, according to the company's Oct. 8, 2014, Amendment No. 2 to
Form F-1 filing with the U.S. Securities and Exchange Commission.

On July 24, 2011, a financial claim and a request for approval of
the claim as a class action were received in the offices of Agan,
which were filed by two residents of Moshav Nir Galim and a
resident of Ashdod alleging damages caused due to odor and noise
nuisances. To the extent the claim will be approved as a class
action, the plaintiffs assess that the amount claimed from Agan is
about NIS 642 million ($185 million). On December 8, 2013, a
decision was rendered by the District Court in Be'er Sheva
rejecting the request for certification of the claim as a class
action and charging the plaintiffs for expenses. Subsequent to the
date of the statement of financial position, on February 10, 2014,
the plaintiffs filed an appeal of the said court decision to the
Supreme Court. In the Company's estimation, based on its legal
advisors, the chances the appeal will be accepted are less than
the chances it will be rejected.


AGFEED USA: Hires Epiq as Class Action Noticing & Claims Agent
--------------------------------------------------------------
AgFeed USA, LLC and its debtor-affiliates seek authorization from
the U.S. Bankruptcy Court for the District of Delaware to employ
Epiq Class Action and Claims Solutions, Inc. as their class action
noticing and claims administration agent, nunc pro tunc to
Sept. 16, 2014, according to a report by the Troubled Company
Reporter.

The Debtors require Epiq to:

   (a) create and disseminate notices to the Class Claimants
       regarding settlements reached in these Cases affecting
       their recoveries;

   (b) create and disseminate notices to the Class Claimants
       regarding the treatment of their claims under the Plan;

   (c) identify, collect and aggregate claims of the Class
       Claimants to determine the amount and proportion of
       distributions to be made to Class Claimants as Holders of
       Class 6B claims under the Plan; and

   (d) provide other services consistent with the Engagement
       Agreement.

Epiq charges for its services on a mixed flat fee and hourly basis
as reflected in the Engagement Agreement.  Epiq will charge the
Debtors under these agreed rates in accordance with its ordinary
and customary rates in effect on the dates services are rendered.

Epiq will be paid at these hourly rates:

       Clerical and Data Entry              $50
       Contac Center (Dedicated)            $50
       Claims Analyst & Check Coordinator   $70
       Contact Center Agent - Training      $75
       Claims Specialist, Noticing
       Coordinator and Account
       Reconciliation                       $80
       Project Coordinator                  $100
       Data Analyst/IT Support              $140
       Project Manager &
       Disbursement Manager                 $165
       Sr. Project Manager &
       Software Engineer                    $190
       Project Director                     $225
       Client Services and
       Call Center Managers                 $275
       Executive Management and
       Testimony                            $375

Under the terms of the Engagement Agreement, Epiq has agreed to
cap its fees for this engagement at $130,000 (the "Cost Cap"),
subject to certain exceptions for additional hard out of pocket
costs that may be incurred over the Cost Cap as identified in the
Engagement Agreement.

Epiq will also be reimbursed for reasonable out-of-pocket expenses
incurred.

Stephanie Thurin, project manager of Epiq, assured the Court that
the firm is a "disinterested person" as the term is defined in
Section 101(14) of the Bankruptcy Code and does not represent any
interest adverse to the Debtors and their estates.

The Court for the District of Delaware will hold a hearing on the
application on Oct. 27, 2014, at 10:30 a.m.  Objections were due
Oct. 10, 2014.

Epiq can be reached at:

       Andrew Shimek
       EPIQ CLASS ACTION &
       CLAIMS SOLUTIONS, INC.
       10300 S.W. Allen Blvd.
       Beaverton, OR 97005
       Tel: (503) 350-5900
       Fax: (503) 350-5890
       E-mail: ashimek@epiqsystems.com

AgFeed Industries, Inc., has 21 farms and five feed mills in China
producing more than 250,000 hogs annually. In the U.S., the
business included 10 sow farms in three states and two feed mills
producing more than one million hogs a year. AgFeed's revenue in
2012 was $244 million.

AgFeed and its affiliates filed voluntary petitions under Chapter
11 of the Bankruptcy Code (Bankr. D. Del. Case No. 13-11761) on
July 15, 2013, with a deal to sell most of its subsidiaries to The
Maschhoffs, LLC, for cash proceeds of $79 million, absent higher
and better offers.  The Debtors estimated assets of at least $100
million and debts of at least $50 million.


AIR SERV: NY App. Court Upholds Certification in "Williams" Suit
----------------------------------------------------------------
The Appellate Division of the Supreme Court of New York affirmed
the May 23, 2013 order of the Supreme Court of New York County
(Lucy Billing, J.), which granted class certification in the case
BRENDA WILLIAMS, ET AL., Plaintiffs-Respondents, v. AIR SERV
CORPORATION, Defendant-Appellant, 13113, 108648/10.

In an Oct. 7, 2014 Order available at http://is.gd/YcnYzFfrom
Leagle.com, the New York Supreme Court Appellate Division
certified a class of all persons, other than managers, corporate
officers or directors, or clerical or office workers who performed
work for Air Serv Corp at John F. Kennedy International Airport
between June 2004 and the present.

The appellate panel is composed of Sweeny, J.P., Renwick, Andrias,
Moskowitz, Manzanet-Daniels, JJ.

Virginia & Ambinder, LLP, New York (LaDonna M. Lusher, Esq. of
counsel -- llusher@vandallp.com ), represents the respondents.


AUSNET ELECTRICITY: Faces Class Action Over Jack River Fire
-----------------------------------------------------------
Gippsland Times reports that Maddens lawyers have commenced a
class action on behalf of victims of the Jack River bushfire,
which burnt farmland in the Jack River area on February 9.

The firm issued proceedings on September 25 against energy
provider AusNet Electricity Services, on behalf of residents and
business owners burnt out by the a fire that burned 5000 hectares
between Jack River and Madalya, west of Yarram, on February 9.

According to the Statement of Claim issued in the Victorian
Supreme Court, the Jack River fire started when poorly-maintained
trees came into contact with a power line north-west of the
Egans Rd and Yarram-Morwell Road intersection, around 10:20 a.m.
on Sunday, February 9.

The ensuing blaze destroyed at least one home, fencing, pastures,
outbuildings, native trees and a large proportion of a local
timber plantation.  It is estimated the claim will exceed $2.5
million in property loss and damage, with 25 local residents
already registered as part of the class.

Maddens' Senior Partner Brendan Pendergast said the class action
was a secure and low-risk means for the residents and businesses
marred by the fire to claim losses, including losses not covered
by insurance.

"In this instance, the failure to properly clear trees from
beneath a power line has led to devastating consequences," he
said.

"Quite simply, the residents of this area have suffered losses
that are not their fault.

"They are losses that would not have occurred had the right
procedures been followed.

"There is no reason these residents should sit back and just
accept that this fire occurred, and accept the damage that it did
whilst incurring the substantial expense associated with
re-establishing their properties."

AusNet Electricity Services had until Oct. 7 to indicate whether
it intends to defend the action, but it is believed it would do
so.

Mr. Pendergast urged any residents or business owners who may have
not already registered to be part of the class action to phone
Maddens Lawyers tollfree on 1800 139 290, or by registering online
at maddenslawyers.com.au


BANKRATE INC: Faces "Tong" Securities Lawsuit in Florida Court
--------------------------------------------------------------
Bankrate, Inc. is facing the lawsuit Tong v. Evans, et al., No.
14-cv-8113 in the United States District Court for the Southern
District of Florida, according to the company's Oct. 8, 2014, Form
8-K filing with the U.S. Securities and Exchange Commission.

The United States Department of Justice (the "DOJ") has informed
the Company that it is investigating the matters that are the
subject of the previously announced SEC Investigation. The Company
is cooperating with the DOJ in its investigation. It is not
possible to predict when the DOJ investigation will be completed,
the final outcome of the investigation, and what if any actions
may be taken by the DOJ.

In September 2014, a putative class action lawsuit, captioned Tong
v. Evans, et al., No. 14-cv-8113, was brought in the United States
District Court for the Southern District of Florida against the
Company and certain current and former officers and directors of
the Company, alleging violations of Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 and SEC Rule 10b-5. On the
basis of the press release and Form 8-K issued by the Company on
September 15, 2014 regarding the SEC Investigation and the review
being conducted by the Company's Audit Committee, the complaint
alleges, among other things, that the defendants made false and
misleading statements about, and failed to disclose, alleged
errors in the Company's financial statements relating to the
improper recognition of revenues and expenses, and allegedly
inadequate internal controls over financial reporting; and that,
as a result, the Company's financial statements were materially
false and misleading. The complaint seeks to recover damages on
behalf of a proposed class consisting of all persons, other than
the defendants, who purchased the Company's securities between
March 1, 2013 and September 15, 2014, inclusive.


BMW OF NORTH AMERICA: Judge Tosses Mini Cooper Pump Class Action
----------------------------------------------------------------
Michael Lipkin and Daniel Siegal, writing for Law360, report that
a California federal judge on Oct. 3 tossed an $85 million
putative class action accusing BMW of North America LLC of
concealing defective water pumps in some Mini Cooper vehicles,
ruling the plaintiff only vaguely alleged BMW knew about the
defects.

U.S. District Judge Margaret M. Morrow granted BMW's motion to
dismiss the suit after finding plaintiff Trish Herremans didn't
properly state a claim under the Consumer Legal Remedies Act or
California's Unfair Competition Law.  Ms. Herremans referenced
internal testing, records of customer complaints, dealership
repair records and other internal sources, but gave no information
about when BMW supposedly knew about the faulty designs, according
to the opinion.

The complaint gives "little, if any, factual foundation to her
conclusion that BMW knew of the defect," Judge Morrow wrote.
"Herremans does not describe the internal testing or what it
shows.  She does not identify the repair records, their volume or
how they revealed the defect."

Judge Morrow gave Ms. Herremans 20 days to amend her complaint.

The court also dismissed the suit's fraud claim and gave another
ground for tossing the CLRA claim because Ms. Herremans had not
shown she could take advantage of exceptions to the claims' three-
year statute of limitations.

Ms. Herremans admitted she was first aware of the defect in
February 2011, when the water pump in her car failed and was
replaced while her car was under warranty. That was more than
three years before she filed her suit in March 2014.  She argued
she could invoke the delayed discovery and fraudulent concealment
rules because the BMW dealer had told her there was no problem
with her pump after the initial repair.  It wasn't until the pump
failed again last January that she learned about the defect, Ms.
Herremans claimed.

Judge Morrow, however, held the complaint didn't have any specific
allegations as to how or when Ms. Herremans first discovered the
defect, or show why she couldn't have discovered it earlier.

Ms. Herremans filed suit in California federal court on March 27,
alleging BMW had actively concealed and failed to disclose
evidence to consumers that a design defect is likely to cause
failures in water pumps found in over 50,000 Mini Coopers from the
2007 to 2013 model years.  The pump defect can allegedly cause
engines to overheat and fail.

The defect cost Ms. Herremans $1,700 when her water pump failed
for a second time after her warranty had expired.  The total
damages in the suit are over $85 million, according to the
complaint, based on 50,000 class vehicles.

Ms. Herremans is represented by Stephen M. Harris of Knapp
Petersen & Clarke APC and Robert L. Starr and Adam Rose of the Law
Offices of Robert L. Starr.

BMW is represented by Eric Y. Kizirian --
Eric.Kizirian@lewisbrisbois.com -- Michael K. Grimaldi --
Michael.Grimaldi@lewisbrisbois.com -- and Kimberly T. Chung --
Kimberly.Chung@lewisbrisbois.com -- of Lewis Brisbois Bisgaard &
Smith LLP.

The case is Trish Herremans v. BMW of North America LLC, case
number 2:14-cv-02363, in the U.S. District Court for the Central
District of California.


BMW OF NORTH AMERICA: Warranty Settlement Gets Prelim. Court OK
---------------------------------------------------------------
Tom Zanki and Juan Carlos Rodriguez, writing for Law360, report
that a New Jersey federal judge preliminarily approved a class
action settlement on Oct. 6 involving BMW of North America LLC, in
which plaintiffs alleged the luxury carmaker improperly sold
demonstration vehicles as new, cheating customers of warranty
coverage.

U.S. District Judge Claire C. Cecchi's preliminary approval
applies to U.S. consumers who bought a BMW sales demonstration or
service demonstration vehicle after Sept. 28, 2006, that was
identified in the sales contract as "new" and were not informed
that the warranty had begun before the purchase.

Under terms of the settlement, crafted with the help of a court-
appointed mediator, BMW has agreed to extend its warranty at least
three months for eligible vehicles and reimburse owners whose
warranty already expired for necessary repair costs that occurred
within three months after expiration, court documents say.

The settlement, first proposed May 29, also requires BMW to pay
plaintiff's attorneys fees up to $600,000.  Additional financial
details and an estimate of how many consumers are affected was not
immediately clear.

A final approval hearing is scheduled for March 12, in federal
court offices in Newark, N.J.

Counsel for the parties could not immediately be reached. Messages
to BMW seeking comment were not immediately be returned.

In the suit filed in October 2012, plaintiff and BMW consumer
Sanjay Saini claimed the carmaker's "Ultimate Warranty" begins to
accrue on the sale date to a customer for new cars but on the sale
date to a dealer for demonstration cars.  This meant when
demonstration vehicles were sold as "new" to consumers, they
necessarily came with less than the four years of the warranty
coverage promised by BMW, according to the complaint.

The "ultimate service" warranty includes four years of no-cost
maintenance and repair, the complaint said.

The suit alleged BMW's practices breached its contractual covenant
to provide four years of comprehensive warranty coverage for all
new BMW vehicles, unjustly enriched BMW at the expense of
Mr. Saini and class members, and entitled Mr. Saini and the class
to a declaration of their rights under the federal Declaratory
Judgments Act, the complaint said.

BMW sought to dismiss the suit on grounds that Mr. Saini, who
bought a BMW 335d at a Sterling, Virginia, dealership in 2011,
suffered no damages and lacked standing to sue.  The carmaker also
claimed that Mr. Saini, as a Virginia resident, improperly invoked
the New Jersey Consumer Fraud Act.

Demonstration vehicles are vehicles sold to and operated by a
dealership solely for the purpose of promoting motor vehicle sales
and permitting potential purchasers to drive the vehicle for
pre-purchase or pre-lease evaluation, the lawsuit said.  These
vehicles can be used for test drives, floor models or be held in
the dealership's inventory for later use.  As such, a
demonstration vehicle's mileage and condition vary depending on
the role in which it was used.

Mr. Saini is represented by Bruce D. Greenberg of Lite DePalma
Greenberg LLC and by Jeffrey R. Krinsk, Mark L. Knutson and
William R. Restis of Finkelstein & Krinsk LLP.

BMW is represented by Christopher J. Dalton --
christopher.dalton@bipc.com -- and Rosemary J. Bruno --
rosemary.bruno@bipc.com -- of Buchanan Ingersoll & Rooney PC.

Retired federal Judge John J. Hughes of Philadelphia was appointed
mediator.

The case is Sanjay Saini v. BMW of North America LLC, number 2:12-
cv-06105 in the U.S. District Court for the District of New
Jersey.


BP PLC: National Chamber Supports Oil Spill Settlement Challenge
----------------------------------------------------------------
Marcia Coyle, writing for The National Law Journal, reports that
Gulf Coast chambers of commerce told the U.S. Supreme Court last
week that their mothership, the U.S. Chamber of Commerce, does not
represent them in its support of BP PLC's challenge to the class
action settlement stemming from the 2010 Deepwater Horizon oil
spill.

In an unusual public display of disagreement with the national
chamber, the local affiliates said:

"The Chamber did not seek the input nor approval of the amici
affiliates, nor to our knowledge any Gulf Coast area affiliate,
prior to filing its amicus brief in support of petitioner's
petition for a writ of certiorari."

The national chamber, represented by Catherine Stetson --
cate.stetson@hoganlovells.com -- of Hogan Lovells, filed an amicus
brief in BP Exploration & Production v. Lake Eugenie Land &
Development.  Joining in its brief were the American Tort Reform
Association, the National Association of Manufacturers and the
U.S. Hispanic Chamber of Commerce.

The chamber supports BP's argument that the U.S. Court of Appeals
for the Fifth Circuit erred when it upheld certification of a
class that included members who had not suffered any injuries
related to the spill.  The company, represented by Theodore Olson
-- tolson@gibsondunn.com -- of Gibson, Dunn & Crutcher, contends
that the certification violated Rule 23 of the federal rules of
civil procedure and the Constitution.

The Fifth Circuit decision, it adds, also conflicts with rulings
by the Seventh, Eighth and D.C. circuits.

In filing their amicus brief disputing the national chamber's
views and representation, the local chambers "realized more
clearly than most that the national organization does not in this
instance and perhaps in other instances speak for them," said
Thomas Young of Tampa, their counsel.  "It's more than policy or
political.  It's a matter of great personal importance to the
organizations and their members.  They felt they had to say
something at this stage."

The local chambers on the brief represent more than 7,000
businesses and 200,000 employees, Mr. Young said.  As a group,
they are fairly widely distributed, he added, representing Mobile
and Pensacola in the northern Gulf; from Tampa toward Fort Meyers
in southwestern Florida; and New Orleans and other parts of
Louisiana.

"I had heard from several of the amici that they had reached out
on their own to the national chamber through various avenues and
were met with either silence or lip service," he said.  "These are
businesspeople and they operate on a handshake, and when an
agreement is reduced to paper and a contract, to them it's
sacrosanct.  It struck these several chambers and their thousands
of members as odd to renege on a deal or an agreement that seems
so clear-cut."

A U.S. Chamber spokesman said in a statement:

"The U.S. Chamber of Commerce provides a national voice on behalf
of businesses of every size in every sector on policy and legal
issues affecting our country's economy, and that's the case here.
From time to time local groups will take a different position on a
particular issue and we respect their right to do so."
However, in their amicus brief, the local chambers suggest the
national organization's interests are much narrower than it would
have the high court believe.

Citing research by Public Citizen, the group told the high court
that "only 1,500 entities (significantly less than 3 million)
provided 94 percent of [the Chamber's] contributions in 2012.
More than half of its contributions came from just 64 donors.  So
the bulk of the Chamber's funding appears to come from large,
well-funded corporate concerns, not the 'mom-and-pop shops' the
Chamber claims and certainly not these amici affiliates."

The U.S. Chamber spokesman said: "Some members of the plaintiffs'
bar have seized on the settlement agreement as an opportunity to
seek a windfall for persons who cannot show any injury caused by
the spill.  The Chamber's brief explains that this type of
opportunism is inconsistent with the agreement's provisions and
the settling parties' expectations."

However, the local chambers argue in their brief that, contrary to
the national chamber's brief, BP designed the compensation system;
lobbied for district court approval; attested to its adequacy and
fairness under oath; and initially defended it before the Fifth
Circuit.

By reinforcing BP's version of the facts, the local group said,
the national chamber "serves the express interests of a foreign
corporation at the expense of a very large number of its
affiliates and individual business members."

Mr. Young, assisted on the brief by Jean Champagne of the Landson
Response Group, an environmental and catastrophic-claims firm,
said the local chambers have learned a harsh lesson: "The smaller
local chambers are Main Street and the U.S. Chamber is Wall
Street.  And, like everyone else in America, they're realizing
that Wall Street is not on their side."


BUDDY'S KITCHEN: Recalls 62,488 Lbs. of Meat and Poultry Products
-----------------------------------------------------------------
Buddy's Kitchen, a Burnsville, Minn. establishment, is recalling
approximately 62,488 pounds of meat and poultry products due to
possible contaminate on with Listeria monocytogenes, the U.S.
Department of Agriculture's Food Safety and Inspection Service
(FSIS) announced.

The meat and poultry breakfast products were produced on various
dates from July 16, 2014 through Sept. 25, 2014, and then shipped
to distributors, retail locations, and airlines nationwide.  These
products are subject to recall:

   -- "Swiss Cheese and Mushroom Omelet with Seasonal Tid-Bit
      Potatoes & Turkey Buffet Sausage Link" trays with the
      production codes "07/16/14 9", "08/08/14 9" and
      "08/27/14 9".

   -- "Savory Scrambled Eggs with Seasoned Red Skin Potatoes and
      Turkey Buffet Links" with the production codes "09/19/14 9"
      and "09/22/14 9".

   -- "Garden Omelet w/ Parslied Potatoes & Chicken Sausage Links"
      with the production codes "07/16/14 9", "07/17/14 9",
      "07/18/14 9", "07/22/14 9", "07/25/14 9", "08/22/14 9",
      "08/25/14 9", "09/02/14 9", "09/09/14 9" and "09/16/14 9".

   -- "Fiesta Scramble Bowl with Sausage Links" with the
      production code "10I14 9".

   -- "Breakfast Skillet Burrito with eggs, sausage and cheese"
      with the production codes "18G14 2", "06I14 4", "16G14 4",
      "17G14 2", "07H14 4", "20H14 2", "21H14 4", "22H14 4" and
      "25H14 4".

Case labels or packaging may bear the establishment number "EST.
4226" or "P-4226" inside the USDA mark of inspection.

The problem was discovered when an FSIS product sample confirmed
positive for Listeria monocytogenes (Lm).  The tested product was
held, and the recalling firm tested raw materials from the product
and found that the roasted red skin potatoes, which were provided
by an independent supplier, tested positive for Lm.  The firm is
recalling all products that used the confirmed positive potatoes.
FSIS and the company have received no reports of illnesses
associated with consumption of these products.

Consumption of food contaminated with L. monocytogenes can cause
listeriosis, a serious infection that primarily affects older
adults, persons with weakened immune systems, and pregnant women
and their newborns.  Less commonly, persons outside these risk
groups are affected.

Listeriosis can cause fever, muscle aches, headache, stiff neck,
confusion, loss of balance and convulsions sometimes preceded by
diarrhea or other gastrointestinal symptoms.  An invasive
infection spreads beyond the gastrointestinal tract.  In pregnant
women, the infection can cause miscarriages, stillbirths,
premature delivery or life-threatening infection of the newborn.
In addition, serious and sometimes fatal infections in older
adults and persons with weakened immune systems.  Listeriosis is
treated with antibiotics.  Persons in the higher-risk categories
who experience flu-like symptoms within two months after eating
contaminated food should seek medical care and tell the health
care provider about eating the contaminated food.

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

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.  When available, the retail distribution
list will be posted on the FSIS website at:
http://www.fsis.usda.gov/recalls

FSIS advises all consumers to reheat ready-to-eat product until
steaming hot.

Media with questions regarding the recall can contract Dave Smith,
CEO, at (952) 894-2540 and consumers with questions regarding the
recall can contact Tom Webber, Director of Food Safety, at (952)
894-2540 or info@buddyskitchen.com.


BURGER KING: Faces "Schadt" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Rebecca L. Schadt, individually and on behalf of all others
similarly situated v. Burger King Corporation, Case No. 0:14-cv-
62326 (S.D. Fla., October 9, 2014), is brought against the
Defendant for failure to pay overtime wages.

Burger King Corporation owns and operates Burger King Restaurants
throughout the United States.

The Plaintiff is represented by:

      Mitchell Lloyd Feldman, Esq.
      FELDMAN MORGADO, P.A.
      501 North Reo Street
      Tampa, FL 33609
      Telephone: (813) 639-9366
      Facsimile: (813) 639-9376
      E-mail: mfeldman@ffmlawgroup.com


CALIFORNIA OLIVE: Recalls Pumpkin Seed Pesto
--------------------------------------------
California Olive and Vine, LLC of Sutter, CA is taking
precautionary measures and voluntarily recalling Pumpkin Seed
Pesto because of irregular lab results.  The company found that
the jarred pesto may have been improperly processed, making it
susceptible to contamination with Clostridium botulinum.

This food product was distributed under the Williams-Sonoma label,
nationwide, since Sept. 2014.  The product labels have the
following SKU numbers 6404305, 6389043 and is sold in an 8 ounce
glass jar, as pictured below.  The company has made the deliberate
decision to recall this product to ensure the safety of their
customers.  The company has not been notified of any illness
associated with this product.

No other products from this company are affected.

Ingestion of botulism toxin may lead to serious illness and death.
To date, there have been no reports of any illnesses or
contamination of the product.

Symptoms from Botulism are as follows: general weakness,
dizziness, double vision and trouble with speaking or swallowing.
Difficulty in breathing, weakness of other muscles, abdominal
distention and constipation may also be common symptoms. People
experiencing these problems should seek immediate medical
attention.

Consumers are warned not to use the product even if it does not
look or smell spoiled.

California Olive and Vine immediately segregated its entire
inventory of this product and has notified Williams-Sonoma and
CDPH directly.  Consumers who have purchased the recalled Pumpkin
Seed Pesto are urged to dispose of the product or return it to the
place of purchase for a refund.  Consumers with questions may
contact the company Monday through Friday between 10am and 4pm.


CAMIN CARGO: Faces "Monceaux" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Clifton Monceaux and Alejandro Garcia-Sanchez on behalf of
themselves and on behalf of all others similarly situated v. Camin
Cargo Control, Inc., Case No. 4:14-cv-02884 (S.D. Tex., October 9,
2014), is brought against the Defendant for failure to pay
overtime wages for worked 40 hours per week.

Camin Cargo Control, Inc. provides inspecting, sampling, and
inventory control to its clients in the oil and gas industry.

The Plaintiff is represented by:

      Galvin B. Kennedy, Esq.
      KENNEDY HODGES LLP
      711 W Alabama Street
      Houston, TX 77006
      Telephone: (713) 523-0001
      E-mail: gkennedy@kennedyhodges.com

         - and -

      Don J. Foty, Esq.
      KENNEDY HODGES, L.L.P.
      711 W. Alabama St.
      Houston, TX 77006
      Telephone: (713) 523-0001
      Facsimile: (713) 523-1116
      E-mail: DFoty@kennedyhodges.com


CANACCORD GENUITY: Sued in N.H. Over Misleading Financial Reports
-----------------------------------------------------------------
Adam S. Levy on behalf of himself and all others similarly
situated v. Thomas Gutierrez, Richard J. Gaynor, Raja Bal, J.
Michael Conaway, Kathleen A. Cote, Ernest L. Godshalk, Matthew E.
Massengill, Mary Petrovich, Robert E. Switz, Noel G. Watson,
Thomas Wroe, Jr., Morgan Stanley & Co. LLC, Goldman, Sachs & Co.,
and Canaccord Genuity Inc., Case No. 1:14-cv-00443 (D.N.H.,
October 9, 2014), alleges that the Defendants made materially
false and misleading statements in its Debt Offering and Equity
Offering.

Canaccord Genuity Inc. is a manufacturer of materials for consumer
electronics.

The Individual Defendants are officers and directors of Canaccord
Genuity Inc.

Morgan Stanley & Co. LLC and Goldman, Sachs & Co. are underwriters
of the Offerings made by the Canaccord Genuity Inc.

The Plaintiff is represented by:

      Jennifer A. Eber, Esq.
      Jeffrey C. Spear, Esq.
      ORR & RENO, P.A.
      45 S. Main Street, PO Box 3550
      Concord, NH 03302-3550
      Telephone: (603) 224-2381
      Facsimile: (603) 224-2318
      E-mail: jeber@orr-reno.com
              jspear@orr-reno.com

         - and -

      Gerald H. Silk, Esq.
      Avi Josefson, Esq.
      BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
      1285 Avenue of the Americas
      New York, NY 10019
      Telephone: (212) 554-1400
      Facsimile: (212) 554-1444
      E-mail: jerry@blbglaw.com
              avi@blbglaw.com


CAREFUSION CORP: Being Sold for Too Little, Shareholder Claims
--------------------------------------------------------------
Cindy Algase Gradl, On Behalf of Herself and All Others Similarly
Situated v. CareFusion Corporation, Kieran T. Gallahue, J. Michael
Losh, Supratim Bose, Philip L. Francis, Robert F. Friel,
Jacqueline B. Kosecoff, Gregory T. Lucier, Edward D. Miller,
Michael D. O'Halleran, Robert P. Wayman, Becton, Dickinson and
Company, and Griffin Sub, Inc., Case No. 10214-VCN (Del. Ch. Ct.,
October 8, 2014) is brought on behalf of the public stockholders
of CareFusion to enjoin a proposed transaction announced on
October 6, 2014, pursuant to which CareFusion will be acquired by
Becton, Dickinson and Company and Griffin Sub, Inc.

CareFusion is a Delaware corporation and maintains its principal
executive offices in San Diego, California.  The Company, a
medical technology company, provides various healthcare products
and services.  The Company offers product lines in the areas of
medication management, infection prevention, operating room
effectiveness, and respiratory care.  The Individual Defendants
are directors and officers of the Company.

Dickinson and Company is a New Jersey corporation headquartered in
Franklin Lakes, New Jersey.  Griffin Sub, Inc., is a Delaware
corporation and a wholly-owned subsidiary of Parent.

The Plaintiff is represented by:

          Seth D. Rigrodsky, Esq.
          Brian D. Long, Esq.
          Gina M. Serra, Esq.
          Jeremy J. Riley, Esq.
          RIGRODSKY & LONG, P.A.
          2 Righter Parkway, Suite 120
          Wilmington, DE 19803
          Telephone: (302) 295-5310
          E-mail: sdr@rl-legal.com
                  bdl@rl-legal.com
                  gms@rl-legal.com
                  gms@rl-legal.com

The Defendants are represented by:

          Edward P. Welch, Esq.
          SKADDEN ARPS SLATE MEAGHER & FLOM LLP
          PO Box 636
          Wilmington, DE 19899-0636
          Telephone: (302) 651-3060
          E-mail: ewelch@skadden.com

               - and -

          Kevin R. Shannon, Esq.
          POTTER ANDERSON & CORROON LLP
          1313 N Market St., Floor 6
          Wilmington, DE 19801-6101
          Telephone: (302) 984-6000
          E-mail: kshannon@potteranderson.com


CARMAX INC: Labor Suit v. Superstores Remanded to Appeals Court
---------------------------------------------------------------
The United States Supreme Court remanded a labor case against
CarMax Auto Superstores California, LLC and CarMax Auto
Superstores West Coast, Inc. to the California Court of Appeal,
according to Carmax, Inc.'s Oct. 8, 2014, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
June 30, 2014.

On April 2, 2008, Mr. John Fowler filed a putative class action
lawsuit against CarMax Auto Superstores California, LLC and CarMax
Auto Superstores West Coast, Inc. in the Superior Court of
California, County of Los Angeles.  Subsequently, two other
lawsuits, Leena Areso et al. v.  CarMax Auto Superstores
California, LLC and Justin Weaver v. CarMax Auto Superstores
California, LLC, were consolidated as part of the Fowler case.

The allegations in the consolidated case involved: (1) failure to
provide meal and rest breaks or compensation in lieu thereof; (2)
failure to pay wages of terminated or resigned employees related
to meal and rest breaks and overtime; (3) failure to pay overtime;
(4) failure to comply with itemized employee wage statement
provisions; (5) unfair competition; and (6) California's Labor
Code Private Attorney General Act.  The putative class consisted
of sales consultants, sales managers, and other hourly employees
who worked for the company in California from April 2, 2004, to
the present.  On May 12, 2009, the court dismissed all of the
class claims with respect to the sales manager putative class.  On
June 16, 2009, the court dismissed all claims related to the
failure to comply with the itemized employee wage statement
provisions.  The court also granted CarMax's motion for summary
adjudication with regard to CarMax's alleged failure to pay
overtime to the sales consultant putative class.  The plaintiffs
appealed the court's ruling regarding the sales consultant
overtime claim.  On May 20, 2011, the California Court of Appeal
affirmed the ruling in favor of CarMax.  The plaintiffs filed a
Petition of Review with the California Supreme Court, which was
denied.  As a result, the plaintiffs' overtime claims are no
longer a part of the lawsuit.

The claims currently remaining in the lawsuit regarding the sales
consultant putative class are: (1) failure to provide meal and
rest breaks or compensation in lieu thereof; (2) failure to pay
wages of terminated or resigned employees related to meal and rest
breaks; (3) unfair competition; and (4) California's Labor Code
Private Attorney General Act.  On June 16, 2009, the court entered
a stay of these claims pending the outcome of a California Supreme
Court case involving unrelated third parties but related legal
issues.  Subsequently, CarMax moved to lift the stay and compel
the plaintiffs' remaining claims into arbitration on an individual
basis, which the court granted on November 21, 2011.  The
plaintiffs appealed the court's ruling to the California Court of
Appeal.  On March 26, 2013, the California Court of Appeal
reversed the trial court's order granting CarMax's motion to
compel arbitration.  On October 8, 2013, CarMax filed a petition
for a writ of certiorari seeking review in the United States
Supreme Court.

On February 24, 2014, the United States Supreme Court granted
CarMax's petition for certiorari, vacated the California Court of
Appeal decision and remanded the case to the California Court of
Appeal for further consideration.  The Fowler lawsuit seeks
compensatory and special damages, wages, interest, civil and
statutory penalties, restitution, injunctive relief and the
recovery of attorneys' fees.


CARMAX INC: Receives $20.9MM Settlement in Toyota Liability Suit
----------------------------------------------------------------
Carmax Inc. received $20.9 million in the settlement of the
lawsuit In Re Toyota Motor Corp. Unintended Acceleration
Marketing, Sales Practices, and Products Liability Litigation,
according to Carmax, Inc.'s Oct. 8, 2014, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
June 30, 2014.

The Company is a class member in a consolidated and settled class
action lawsuit (In Re Toyota Motor Corp. Unintended Acceleration
Marketing, Sales Practices, and Products Liability Litig., Case
No. 10-2151 (C.D. Cal.), consolidated as of April 9, 2010) against
Toyota Motor Corp. and Toyota Motor Sales, USA, Inc.
(collectively, "Toyota") related to the economic loss associated
with certain Toyota vehicles equipped with electronic throttle
controls systems and the potential unintended acceleration of
these vehicles.  On July 9, 2014, the company received $20.9
million in the settlement of this matter and recorded the gain at
the time of receipt.


CHARTER COMMUNICATIONS: Class Cert. Bid in Davenport Case Tossed
----------------------------------------------------------------
Penny Davenport and three other named Plaintiffs brought an action
on their own behalf and on behalf of similarly situated call
center employees who worked on an hourly basis at Charter
Communications, LLC. Plaintiffs claim that Charter violated the
Fair Labor Standards Act (FLSA), 29 U.S.C. Section 207; the state
wages and hours laws of Missouri, Kentucky, and Michigan; and
Missouri common law, by failing to pay them for the time it took
them to access computer applications when beginning to work and to
close down computer applications at the end of work. Plaintiffs
moved for conditional collective action certification under the
FLSA, and the Court granted Plaintiffs' motion, requiring that
notice be disseminated to putative plaintiffs consisting of:  All
persons who, between September 25, 2009 and August 31, 2011 worked
as a nonsupervisory hourly employee whose primary duty was to
respond to incoming calls from a queue on Charter's toll-free
lines, commonly referred to as "advisors," "representatives," or
"agents," who were hired and had completed training before
September 1, 2011, and who worked at Defendant Charter
Communications, LLC's call centers located in Town and Country,
Missouri; Walker, Michigan; Louisville, Kentucky; Greenville,
South Carolina; Vancouver, Washington; Rochester, Minnesota; Fond
du Lac, Wisconsin; and Worcester, Massachusetts, but excluding
persons who were hired by Defendant but worked only as trainees.

Several hundred putative plaintiffs have filed consents to join
the FLSA collective action.  Ms. Davenport moved to certify as
class actions under Rule 23(b)(3) her claim for violation of the
Missouri Minimum Wage Law, Mo. Rev. Stat. Section 290.500, et
seq., and her claims for breach of contract, quantum meruit, and
unjust enrichment under Missouri common law. Unlike the FLSA
collective action, these Rule 23 class actions, if certified, will
require individuals to opt out of the suit or be bound by the
judgment in the case.

Charter opposed the motion for class certification and, in support
of its opposition, submitted several declarations of putative
class members. Plaintiffs moved to strike these declarations.

District Judge Audrey G. Fleissig, in a memorandum and order dated
September 30, 2014, a copy of which is available at
http://is.gd/C2bvOifrom Leagle.com, denied the motion for class
certification and the motion to strike.

The case is PENNY DAVENPORT, et al., individually and on behalf of
others similarly situated, Plaintiffs, v. CHARTER COMMUNICATIONS,
LLC, Defendant, CASE NO. 4:12CV00007 AGF, (E.D. Mo.).

Charter Communications, LLC, Defendant, represented by Clifford A.
Godiner -- cgodiner@thompsoncoburn.com -- THOMPSON COBURN, LLP,
Laura M. Jordan -- ljordan@thompsoncoburn.com -- THOMPSON COBURN,
LLP, Roy N. Williams -- rwilliams@thompsoncoburn.com -- THOMPSON
COBURN, LLP & Tabitha G. Davisson -- tdavisson@thompsoncoburn.com
-- THOMPSON COBURN, LLP.


CHIPOTLE MEXICAN: Ct. Rules on Plaintiffs' Bid to Strike Answer
---------------------------------------------------------------
Danisha Harris, Antanisha Wiley, Deonte Mask, and Jason Ryan
brought an action on behalf of themselves and others similarly
situated against Chipotle Mexican Grill, Inc.; Chipotle Mexican
Grill Service Co., LLC; CMG Service Co., LLC; and Chipotle
Services, LLC, arising out of defendants' allegedly discriminatory
employment practices. Presently before a California district court
is plaintiffs' motion to strike portions of defendants' Answer to
plaintiff's First Amended Complaint.

In an Oct. 7, 2014 Memorandum and Order available at
http://is.gd/RSctaEfrom Leagle.com, District Judge William B.
Shubb ordered that plaintiffs' motion to strike defendants'
affirmative defenses be, and the same is, GRANTED as to the fourth
defense ("Failure to Exhaust Internal Complaint Resolution
Procedures"), seventh defense ("Managerial Privilege"), eighth
defense ("No Vicarious Liability"), ninth defense ("Workers
Compensation as Exclusive Remedy"), and fourteenth defense
("Unclean Hands"), and DENIED in all other respects.

Defendant has 20 days from the date of the Order to file an
amended answer if it can do so consistent with the Order.

The case is DANISHA HARRIS; ANTANISHA WILEY; DEONTE MASK; JASON
RYAN; individually, and on behalf of other members of the general
public similarly situated, Plaintiffs, v. CHIPOTLE MEXICAN GRILL,
INC., a Delaware corporation; and DOES 1 through 10, inclusive,
Defendants, Civil Case No: 2:13-2472 WBS EFB (E.D. Calif.).

Chipotle Services, LLC, Defendant, is represented by Jason W.
Kearnaghan, Esq. -- jkearneaghan@sheppardmullin.com -- of
Sheppard, Mullin, Richter & Hampton LLP.


CHIQUITA BRANDS: Faces Shareholder Suit Over Fyffes Merger
----------------------------------------------------------
Charles Toutant, writing for New Jersey Law Journal, reports that
Chiquita Brands International has been hit with a shareholder suit
in federal court in Camden, N.J., over its plans to merge with an
Irish produce distributor after rejecting a more lucrative deal
with two Brazilian companies.

The suit, filed on behalf of Chiquita shareholders, seeks to halt
a shareholder vote on the merger until the company's alleged
breach of its fiduciary duty to shareholders is remedied.

Chiquita announced in March that it reached an agreement to merge
with Fyffes, of Dublin, Ireland, the suit says.  But in August,
Cutrale Group and Safra Group announced that they had made an
offer to acquire all outstanding shares of Chiquita common stock
for $13 per share.  Cutrale and Safra said the implied value
Chiquita shareholders would receive under the Fyffes transaction
was only $10 per share.

According to the suit, the Chiquita board initially refused to
negotiate with Cutrale and Safra, even though the original Fyffes
transaction permitted the board of Chiquita to negotiate with
third parties and provide them with confidential information if a
superior offer was made.  Eventually, however, amid pressure,
Chiquita announced that it made certain confidential information
available to Cutrale and Safra.

Soon after making due diligence materials available to Cutrale and
Safra, the Chiquita board announced that it agreed to new terms
with Fyffes.  The initial terms would have given Chiquita 50.7
percent of the combined entity, but that increased to 59.6 percent
under the revised transaction.  Cutrale and Safra, however, said
the revised terms would value Chiquita shares at $11.89 per share,
which is 10 percent less than the amount provided by its own
offer, according to the suit.

The suit says the Chiquita-Fyffes transaction heavily favors
Fyffes shareholders over those of Chiquita.  Furthermore, the
proposed transaction carries significant risk that the combined
company will not realize the $60 million in synergies that
Chiquita has promised, the suit claims.

Under the terms of the Chiquita-Fyffes merger, Edward Lonergan,
the chief executive officer of Chiquita, would become chairman of
the board of the combined company, and David McCann, the executive
chairman of Fyffes, would become CEO.  In addition, the chief
financial officer and chief operating officer of the new company
would come from Fyffes.

"By relinquishing key management roles to Fyffes, and securing
themselves positions with the combined ChiquitaFyffes company, the
Chiquita board negotiated an unfair deal for the Chiquita
shareholders," the suit says.

The suit was filed by the City of Birmingham Firemen's and
Policemen's Supplemental Pension System on behalf of itself and
similarly situated shareholders.  Chiquita and the eight members
of its board of directors are the defendants.

Chiquita spokesman Ed Loyd said in a statement in response to the
suit that "Chiquita's board of directors has always acted solely
in what it believes to be the best interest of the company and its
shareholders.  Accordingly, Chiquita believes this lawsuit is
without merit and intends to defend itself vigorously."

The suit was filed by Jonathan Stein -- jstein@saxenawhite.com --
and Adam Warden -- awarden@saxenawhite.com -- of Saxena White in
Boca Raton, Fla., with James Cecchi of Carella, Byrne, Cecchi,
Olstein, Brody & Agnello in Roseland, N.J., serving as local
counsel.  They did not return calls about the case.


COCA-COLA CO: Vitaminwater Settlement Gets Prelim. Court Okay
-------------------------------------------------------------
The Coca-Cola Company and Energy Brands Inc. on Oct. 6 announced
the preliminary approval of a settlement agreement in a class
action lawsuit concerning the labeling and marketing of Glaceau
vitaminwater brand beverages, Volz v. The Coca-Cola Company in the
United States District Court for the Southern District of Ohio.
The hearing on final approval of the settlement is scheduled for
December 2, 2014, at 12:30 p.m. at the United States District
Court for the Southern District of Ohio, 100 East Fifth Street,
Cincinnati, Ohio 45202.

The plaintiffs brought the lawsuit for alleged deceptive labeling
and marketing of the vitaminwater product.  The Coca-Cola Company
and Energy Brands deny the allegations of deceptive labeling and
marketing, but have agreed to the settlement to resolve the class
action.

Under the proposed settlement terms, the companies will state the
amount of calories per bottle of the product on the front label;
will place in bold type the reference "see nutrition facts for
more detail" on the front label of the product; and will refrain
from making certain statements on the product's labeling and
marketing regarding the product and the effect of the product on
the structure and function of the body.

The settlement applies to residents of the States of Florida,
Ohio, Illinois, and Missouri, and the U.S. Virgin Islands who
purchased vitaminwater brand beverages from January 1, 2003 to
September 25, 2014 in those jurisdictions.  Additional
information, including the deadline for submitting any objections
to the settlement, is available at
http://www.vitaminwaterclassactionsettlement.com

                 About Energy Brands Inc.

Energy Brands, also doing business as Glaceau, is a privately
owned subsidiary of The Coca-Cola Company based in New York that
manufactures and distributes various lines of enhanced water
including vitaminwater brand beverages.  The company was acquired
by The Coca-Cola Company in May 2007.


CORRECTIONS CORPORATION: Suit Seeks to Recover Unpaid Overtime
--------------------------------------------------------------
James Walker, on behalf of himself and similarly situated
employees v. Corrections Corporation of America, Case No. 4:14-cv-
00142 (N.D. Miss., October 9, 2014), seeks unpaid overtime
compensation, liquidated damages, costs of suit, and attorney's
fees pursuant to the Fair Labor Standards Act.

Corrections Corporation of America operates the Tallahatchie
County Corrections Facility.

The Plaintiff is represented by:

      Joseph Harland Webster, Esq.
      CHAPMAN, LEWIS & SWAN
      P. O. Box 428
      Clarksdale, MS 38614-0428
      Telephone: (662) 627-4105
      E-mail: harland@chapman-lewis-swan.com

         - and -

      Ross E. Webster, Esq.
      GLANKLER BROWN, PLLC
      6000 Poplar Avenue, Suite 400
      Memphis, TN 38119
      Telephone: (901) 525-1322
      E-mail: rwebster@glankler.com


COUNTRY NISSAN: "Ontiveros" Suit Settlement Gets Final Court Nod
----------------------------------------------------------------
District Judge William B. Shubb granted a joint motion for final
approval of a class and collective action settlement in the case
captioned JOSE ONTIVEROS, Plaintiff, v. ROBERT ZAMORA; ZAMORA
AUTOMOTIVE GROUP; STOCKTON AUTO CARS, INC., dba Stockton Honda &
Stockton Mazda; AUTO TOWN, INC., dba Toyota Town & Stockton Scion;
HAMMER LANE VOLKSWAGEN, INC.; QUALITY MOTOR CARS OF STOCKTON, dba
Acura of Stockton, Go Hyundai, & Kia of Stockton; SATURN OF
STOCKTON, dba Saturn of Modesto; LODI MOTORS INC., dba Lodi Honda;
MERCED AUTO CARS, INC., dba Merced Toyota & Merced Scion; CLOVIS
AUTO CARS, INC., dba Clovis Volkswagen; and COUNTRY NISSAN, dba
Nissan Kia Country, Defendants, CIV. NO. 2:08-567 WBS DAD, (E.D.
Cal.).

The court certifies the class defined as all nonexempt automotive
technicians who have been employed by one or more of the
defendants at any time from March 12, 2004, through July 7, 2014.

Defendants agreed to pay a gross settlement amount of $2,000,000.
The settlement administrator calculated that after all other
payments are deducted, the net settlement amount available to pay
participating class members is $1,135,118.47.

The court appointed Jose Ontiveros, as representative of the
class, and these lawyers as counsel to the settlement class: Stan
S. Mallison and Hector R. Martinez, Law Offices of Mallison &
Martinez, 1939 Harrison Street, Suite 730, Oakland, California
94612.

Class administrator Simpluris, Inc. was awarded $9,700 for their
services as settlement administrator.  Ms. Ontiveros was awarded
$15,000 as an incentive payment. Mallison & Martinez was awarded
$500,000 of the gross recovery in attorneys' fees and $50,000 in
costs.

The California Labor Code PAGA payment of $40,000 to the State of
California was also approved.

A copy of Judge Shubb's October 8, 2014 order is available at
http://is.gd/OgKlq3from Leagle.com.

Country Nissan, Defendant, represented by John E. Lattin, IV --
jlattin@laborlawyers.com -- Fisher & Phillips, Llp & Linda J
Gulledge -- lgulledge@laborlawyers.com -- Fisher & Phillips Llp.


COVIDIEN LLC: Recalls Puritan Bennett 980 Series Ventilator
-----------------------------------------------------------
Starting date:            October 6, 2014
Posting date:             October 14, 2014
Type of communication:    Medical Device Recall
Subcategory:              Medical Device
Source of recall:         Health Canada
Issue:                    Medical Devices
Audience:                 General Public, Healthcare
                          Professionals, Hospitals
Identification number:    RA-41777

Recalled Products: Puritan Bennett 980 Series Ventilator

There are 2 issues related to a capacitor failure in the backlight
inverter printed circuit board assembly (PCBA) in the ventilator
display that can cause a dimming of the display that may be
accompanied by a burning ODO software related and can lead to a
"ventilator inoperative" condition when the ventilator should
resume ventilation.

Affected products: Puritan Bennett 980 Series Ventilator

Companies:

   Manufacturer     Covidien LLC
                    15 Hampshire Street
                    Mansfield 02048
                    Massachusetts
                    United States


DHW WELL: Faces "Bouchard" Suit Over Failure to Pay Overtime
------------------------------------------------------------
John T. Bouchard, on behalf of himself and all others similarly
situated v. DHW Well Service, Inc., Case No. 2:14-cv-00418 (S.D.
Tex., October 9, 2014), is brought against the Defendant for
failure to pay overtime wages for all hours worked over 40 in a
workweek.

DHW Well Service, Inc. provides well-site and safety services to
oil companies.

The Plaintiff is represented by:

      Lawrence Morales II, Esq.
      Allison Sarah Hartry, Esq.
      THE MORALES FIRM, P.C.
      115 E. Travis, Suite 1530
      San Antonio, TX 78205
      Telephone: (210) 225-0811
      Facsimile: (210) 225-0821
      E-mail: lawrence@themoralesfirm.com
              allison@themoralesfirm.com


DIMENSION INDUSTRIES: Recalls Sling Cafe Sets Due to Fall Hazard
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Dimension Industries Company Ltd., of Taiwan, announced a
voluntary recall of about 18,000 sling fabric cafe sets.
Consumers should stop using this product unless otherwise
instructed.  It is illegal to resell or attempt to resell a
recalled consumer product.

The recalled chairs can break due to a missing metal washer plate,
posing a fall hazard to consumers.

There were no incidents that were reported.

The three-piece sling fabric cafe sets include two aluminum swivel
chairs with medium brown-colored stretched fabric seats and backs,
a round aluminum base and aluminum arm rests, and a rectangular
table with a tabletop made from porcelain tile with a natural
stone look.  The chairs are about 44 inches H x 26 inches L x 30
inches W.  The table is about 29 inches H x 30 inches L x 26
inches W. Costco Item #966710 is printed on the hangtag, label and
on the packaging.

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

The recalled products were manufactured in China and sold
exclusively at Costco Wholesale stores nationwide from Dec. 2013
through May 2014 for about $400.

Consumers should immediately stop using the chairs and contact
Dimension to receive a free repair kit or a full refund.


DISTRICT OF COLUMBIA: Judge Won't End Education System Monitoring
-----------------------------------------------------------------
Ryan Abbott at Courthouse News Service reports that a federal
judge rejected the District of Columbia's request to end years of
monitoring of its special education system, holding that only the
court-ordered monitor can say whether the city fulfilled its
obligations under a standing consent decree.

Two separate classes sued the D.C. Public School system in 1997,
accusing the city of shirking due process hearings and not issuing
timely decisions in regard to special education students' access
to public education.

A federal judge combined the two cases, now known as the
consolidated Blackman/Jones case, and ruled that city broke the
law and should pay a penalty.

In a 2006 consent decree, the city agreed to provide a
compensatory education to the kids hurt by the inadequacies of the
district's special education system.  To make sure the district
fulfilled its obligations, the court assigned a monitor to keep
track for the city's progress in righting past wrongs.

But last year, the city moved to terminate the consent decree and
dismiss the case, declaring that it had satisfied the terms; this
prompted the plaintiffs in both cases to file for an extension,
and to ask that the court monitor verify the city's claims.  They
contend the city has repeatedly declared the success of its
efforts only to be found non-compliant by the court's auditor.

"If the past is prologue, the Court will be unable to determine
whether defendants have in fact complied with the terms of the
Consent Decree until the Court Monitor has conducted his own
independent assessment," states U.S. District Judge Paul Friedman
in his order.  "This is particularly true considering the fact
that defendants have asserted compliance with the Consent Decree
in 2010, 2011, and 2013, but have been found non-compliant in each
of those years after an independent evaluation by the Court
Monitor."

The judge dismissed the city's motion and agreed to plaintiff's
request for an extension of the decree.

D.C. public schools have been plagued with scandals and poor
performance for years.  Last week, a federal judge gave standing
to sue to 22 former principals and assistant principals who say
they were fired for being black or Hispanic.  But in July, the
parents of kids displaced by numerous school closings in poor city
neighborhoods weren't so lucky: a federal judge ruled that their
claims of discrimination could not be heard in court, but instead
needed to be addressed in elections.

The case is Mikeisha Blackman, et al. v. District of Columbia, et
al., Case No. 97-1629 (PLF), in the United States District Court
for the District of Columbia.


FEDEX CORP: Ruling in Drivers' Class Action Based on Old Practice
-----------------------------------------------------------------
Edvard Pettersson, writing for Bloomberg News, reports that
FedEx Corp. said a ruling by the Kansas Supreme Court that, under
state law, its drivers are employees rather than independent
contractors applies to a business practice it hasn't been using
since 2011.

The company said in a statement posted on its website that it has
switched to contracting with businesses that treat the drivers as
their employees.  The ruling by the Kansas court comes in a more
than 10-year-old battle with former and current drivers who seek
compensation for overtime and expenses they incurred on the job.

"We fundamentally disagree with this ruling and are committed to
protecting the rights of thousands of independent business owners
to continue owning and operating their own businesses," the
Memphis-based company said in the statement.

The Kansas top court issued its decision Oct. 3 in response to a
request by the U.S. Court of Appeals in Chicago, which had sought
clarification as it reviews a 2010 ruling by a federal judge in
Indiana who had agreed with FedEx that the drivers aren't
employees.  The Kansas drivers are the lead case in 21
consolidated class-action lawsuits.

The appellate court can use the decision by the Kansas Supreme
Court to overturn the 2010 ruling in FedEx's favor.  The judge in
Indiana, who was presiding over the class-action lawsuits by
drivers from across the U.S., had applied his decision in the case
of the Kansas drivers to those from other states as well.

Operating Agreements

"The company carefully structured its drivers' operating
agreements so that it could label the drivers as independent
contractors in order to gain a competitive advantage, i.e., to
avoid the additional costs associated with employees," according
to the ruling.

Those efforts don't trump the substance of the drivers'
relationship with the company, which is that of employees under
Kansas law, the court said.

The Kansas decision follows an August ruling by the U.S. Court of
Appeals in San Francisco.  That court overturned the 2010 ruling
by the Indiana judge and found that FedEx's drivers in California
and Oregon are employees.

The case is Craig v. FedEx Ground Package System Corp., 108,526,
Kansas Supreme Court.


FIRST FINANCIAL: Faces "Wallace" Suit Over Violation of FLSA
------------------------------------------------------------
Carolyn Wallace, individually and on behalf of others similarly
situated v. First Financial Insurance Group, Inc., a Michigan
corporation, Ernest Thompson, individually, Case No. 2:14-cv-13914
(E.D. Mich., October 9, 2014), is brought against the Defendant
for violation of the Fair Labor Standards Act.

First Financial Insurance Group, Inc. is engaged in the business
of marketing and selling insurance policies.

The Plaintiff is represented by:

      Bryan Yaldou, Esq.
      YALDOU LAW
      23000 Telegraph, Suite 5
      Brownstown, MI 48134
      Telephone: (734) 692-9200
      Facsimile: (734) 692-9201
      E-mail: bryan.yaldou@gmail.com


FLUID HANDLING: Recalls Low Water Cut-Off Control Units
-------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Fluid Handling LLC, of Morton Grove, Ill., a division of Xylem
Inc., announced a voluntary recall of about 1,200 McDonnell &
Miller Low Water Cut-Off control units for hot water or steam
boilers.  Consumers should stop using this product unless
otherwise instructed.  It is illegal to resell or attempt to
resell a recalled consumer product.

The ground wire and probe wires could be incorrectly assembled in
the units by the manufacturer, posing fire and explosion hazards.

There were no incidents that were reported.

The recall involves McDonnell & Miller series 750 Low Water Cut-
Off control units, which in connection with a water level sensor,
are used as a primary or secondary safety control on hot water or
steam boilers to signal the boiler to provide protection in low
water conditions.  The unit is mounted on the outside of a boiler,
generally near the boiler's main electrical panel.  They are black
and measure about 6 inches high x 5 inches wide x 2 1/2 inches
deep.  The units have a green LED "On" light, a red LED "Low
Water" light and test and manual reset buttons on the top.
"McDonnell & Miller," "Guard Dog," "Low Water Cut-Off" and model
numbers 750-MT-120, 751-MT-120, 751P-MT-120 or 752P-MT-24 are
printed on a white label on the outside of the unit.  Date codes
G41 or H41 are inked on the inside back plate.

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

The recalled products were manufactured in United States and
distributed by wholesale plumbing product distributors to plumbing
suppliers from July 2014 through August 2014 for between $80 and
$125.

Contact Fluid Handling/Xylem for a free inspection, repair or free
installation of a replacement low water cut-off unit.  The firm is
contacting purchasers directly.


FORD MOTOR: Faces "Campbell" Suit in Illinois District Court
------------------------------------------------------------
Jaclyn Campbell, on behalf of herself and all others similarly
situated v. Ford Motor Company, Case No. 1:14-cv-07855 (N.D. Ill.,
October 8, 2014) is brought under the Magnuson-Moss Warranty Act.

In another story, Courthouse News Service reports that Ford sold
2012 Fiestas with defective transmissions that cannot be repaired,
citing a class action filed in Illinois.

The Plaintiff is represented by:

          Vincent Louis DiTommaso, Esq.
          Andrew Charles Murphy, Esq.
          John Auchter, Esq.
          John Robert McInerney, Esq.
          Patrick Doyle Austermuehle, Esq.
          Peter Scott Lubin, Esq.
          DITOMMASO LUBIN, P.C.
          17W 220 22nd Street, Suite 410
          Oakbrook Terrace, IL 60181
          Telephone: (630) 333-0000
          Facsimile: (630) 333-0333
          E-mail: vdt@ditommasolaw.com
                  amurphy@ditommasolaw.com
                  jauchter@ditommasolaw.com
                  jrm@ditommasolaw.com
                  paustermuehle@ditommasolaw.com
                  psl@ditommasolaw.com


FRESH FOOD: Recalls 1,008 Lbs. of Italian Style Wedding Soup
------------------------------------------------------------
Fresh Food Manufacturing, a Freedom, Pa., establishment, is
recalling approximately 1,008 pounds of Italian Style Wedding Soup
due to misbranding and undeclared allergens, the U.S. Department
of Agriculture's Food Safety and Inspection Service (FSIS)
announced.  The soup contains soy and egg, known allergens which
are not declared on the product label.

The product subject to recall:

   -- 24-oz. cups of "Giant Eagle Market District Italian Style
      Wedding Soup."

The ingredients panel on the back of the soup cup is from a chili
product that the company also produces at the facility.  The chili
label does not list soy and egg, which are ingredients in the
Italian Style Wedding Soup.

The product subject to recall bears the establishment number "EST.
40211" inside the USDA mark of inspection.  The product was
produced on Oct. 9, 2014, and shipped to retail stores in Ohio and
Pennsylvania.

The problem was discovered when a store employee noticed that the
back label was different from the other labels on the product.

FSIS and the company have received no reports of adverse reactions
due to consumption of this product.  Anyone concerned about an
injury or illness should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.  When available, the retail distribution
list(s) will be posted on the FSIS website at:
http://www.fsis.usda.gov/recalls

Consumers with questions about the recall can contact Giant Eagle
Customer Care at 1-800-553-2324, Monday through Friday, 9 a.m. to
9 p.m. (Eastern time). Media with questions about the recall
should call (412) 967-4551.


GALANT FOOD: Recalls 410 Lbs. of Beef Products
----------------------------------------------
Galant Food Company, a San Leandro, Calif. establishment, is
recalling approximately 410 pounds of beef products because the
meat filling used in the products did not meet its cooking
critical limit, the U.S. Department of Agriculture's Food Safety
and Inspection Service (FSIS) announced.

The products subject to the recall include:

   -- 4.5-oz. Galina's Original Beef and Cheese Piroshki, 12 or 24
      per case, with case codes 092214, 092314 and 092414

   -- 5-oz. Paramount Beef Piroshki, 25 per case, with case codes
      092314

The products, which bear the establishment number "EST.9014," were
produced Sept. 22 through 24, 2014 and then shipped to a retailer
in the San Francisco Bay area and a distributor in Northern
California.

The problem was discovered by FSIS personnel who were at the
establishment reviewing records.

FSIS and the company have received no reports of adverse illnesses
due to consumption of these products.  Anyone concerned about an
illness should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.  When available, the retail distribution
list(s) will be posted on the FSIS website at:
http://www.fsis.usda.gov/recalls

Consumers and media with questions about the recall may contact
Len Galant at (510) 614-7150.


GALANT FOOD: Recalls 130 Lbs. of Beef Products
----------------------------------------------
Galant Food Company, a San Leandro, Calif. establishment, is
recalling an additional 130 pounds of beef products because the
meat filling used in the products did not meet its cooking
critical limit, the U.S. Department of Agriculture's Food Safety
and Inspection Service (FSIS) announced.

The additional products subject to the recall include:

   -- 6.5-oz. Paramount Beef and Cheese Piroshki, 12 per case,
      with case codes 092214

   -- 7-oz. Galinas Original Beef and Cheese Piroshki, 12 per
      case, with case codes 092314

The products, which bear the establishment number "EST. 9014,"
were produced Sept. 22 through 23, 2014 and then shipped to a
distributor in the San Francisco Bay area.

The problem was discovered by the company when visiting its
distributor and identifying that the products, as those in the
initial recall, contained the same filling that did not reach
lethality.

FSIS and the company have received no reports of adverse illnesses
due to consumption of these products.  Anyone concerned about an
illness should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.

Consumers and media with questions about the recall may contact
Len Galant at (510) 614-7150.


GEMINI SURFACES: "Mijares" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Humberto Luis Fustes Mijares and other similarly situated
individuals v. Gemini Surfaces, Inc. a/k/a J&S Holdings Group
Corporation f/k/a Gemini Tile Service, Inc. and Miguel Blanco,
individually, Case No. 1:14-cv-23729 (S.D. Fla., October 9, 2014),
seeks to recover unpaid overtime and minimum wages under the Fair
Labor Standards Act.

The Defendants are suppliers and distributors of ceramic floor
tiles.

The Plaintiff is represented by:

      Ruben Martin Saenz, Esq.
      SAENZ & ANDERSON, PLLC
      20900 N.E. 30th Avenue, Suite 800
      Aventura, FL 33180
      Telephone: (305) 503-5131
      Facsimile: (888) 270-5549
      E-mail: msaenz@saenzanderson.com


GERBER PRODUCTS: Must Face Fifth Amended Probiotic Complaint
------------------------------------------------------------
Gerber Products must face a fifth consolidated amended complaint
alleging that its pricey probiotic baby formula does not actually
strengthen child immune systems, Courthouse News Service reports,
citing a federal court ruling.

The case is In re Gerber Probiotic Sales Practices Litigation,
Case No. 2:12-cv-00835-JLL-CLW, in the U.S. District Court for the
District of New Jersey.


GROVE CITY, PA: Former USIS Employee Files Suit Over Termination
----------------------------------------------------------------
Mike Gauntner, writing for wfmj.com, reports that one of the 1,200
employees who lost their jobs when the U.S. Investigation Services
shut down in Grove City has filed a class action lawsuit claiming
the company failed to follow federal laws during the layoffs.

Thomas Karaniewsky filed the suit in U.S. District Court in
Pittsburgh alleging that USIS did not give workers the federally
mandated 60 day notice to the 3,000 employees who were terminated
after the company lost a government contract.

The Worker Adjustment and Retraining Notification Act, (WARN Act)
is designed to protect workers, their families, and communities by
requiring most employers with 100 or more employees to provide
notification 60 calendar days in advance of plant closings and
mass layoffs.

Mr. Karaniewsky says he worked as a record searcher at the USIS
facility on Lincoln Avenue in Grove City until he was terminated
without pay on August 7, 2014. He says he did not receive the
termination letter until September 24.

Mr. Karaniewsky, who is represented by Pittsburgh attorney Samuel
Cordes, is asking the judge to declare the lawsuit a class action,
which would allow other former employees to become party to the
action.

The suit says that the number of employees who would be eligible
to become part of the class action are so numerous that it would
be impracticable to estimate.  The suit seeks to recover unpaid
wages, salary, commissions, bonuses, accrued holiday pay and
accrued vacation for 60 days following their respective
terminations.  It also alleges that USIS failed to make the
pension and 401(k) contributions and provide employee benefits
under COBRA for 60 days from and after the dates of their
respective terminations.

A wfmj.com review of the online database from the Pennsylvania
Department of Labor and Industry shows no WARN notice filed by
USIS in 2014.

USIS has not yet filed an answer to the lawsuit.  A spokesperson
for USIS emailed a short statement saying, "As a matter of policy,
the Company does not comment on litigation."

US Investigative Services handled background checks for government
employees, including the military, but lost its contract with the
government.  The Office of Personnel Management (OPM) cited a lack
of confidence in the agency.

Several high profile cases have called into question the company's
effectiveness. The company did not do the initial investigation
but did the re-check into Edward Snowden, who leaked classified
information from the National Security Agency in May of 2013.

USIS also did the background check into Aaron Alexis, who shot up
the Naval Yard in September 2013, killing 12 people.  USIS
released a statement in September in response questions about
background checks conducted on Snowden and Alexis.

It read in part:

OPM confirmed in sworn testimony before Congress on February 11,
2014 that the investigative file compiled by USIS on Aaron Alexis
"was complete and in compliance with all investigative standards."

USIS followed all OPM-mandated procedures and protocols in its
background investigation of Edward Snowden.

According to public statements by OPM, neither the Snowden nor the
Alexis background investigations are at issue in the U.S.
Department of Justice ("DOJ") civil action that was filed against
the Company last year.

In August 2014, the USIS computer system was hacked, possibly
compromising the records of up to 25,000 government employees.


HOSPIRA INC: Recalls Several Products in LifeCare Line
------------------------------------------------------
Hospira, Inc. (NYSE: HSP), announced the voluntary recall of
certain lots of several products in its LifeCare line of flexible
intravenous solutions due to the potential for leakage.  The
issue, which Hospira notified customers about in a Dear Health
Care Provider letter issued earlier this year, was identified
during re-inspection of a manufactured product lot in which a
single puncture mark was identified going through the overwrap and
primary container.

The puncture in the primary container may result in leakage that
is difficult to detect.  Leakage may result in an open system,
which has the potential for contamination, compromised sterility,
drug waste, spillage, inadequate or inconsistent
solution/medication dosing, and/or delay in therapy, all of which
may require medical intervention and should be reported to Hospira
and/or the U.S. Food and Drug Administration (FDA).  Hazardous
topical exposure may occur if a hazardous drug is added to the
flexible container.  Hospira's product insert packaged with
LifeCare flexible intravenous containers recommends providers do
not administer unless solution is clear and the container is
undamaged.

The root cause is attributed to a defect in a conveyance system,
and corrective actions have since been implemented to prevent a
reoccurrence.  To date there have been no reports of adverse
events associated with this issue for the impacted lots.  The
manufacturing issue that caused this incident has been addressed.
Hospira recommends impacted customers check with their local
Hospira representative or with Hospira Customer Care regarding
replacement product.

The affected lots were originally distributed by Hospira to direct
accounts from Sept. 2013 through Oct. 2014.

Anyone with an existing inventory of the recalled lots should stop
use and distribution and quarantine the product immediately.  This
recall is being carried out to the medical facility/retail level
(both human and veterinary).  Please notify all users in your
facility.  If you have further distributed the recalled product
please notify any accounts or additional locations which may have
received the recalled product from you and instruct them if they
have redistributed the product to notify their accounts, locations
or facilities to the medical facility/retail level.  In addition,
customers should inform potential users of these products in their
organizations of this notification.  Hospira will be notifying its
direct customers via a recall letter and will arrange for impacted
product to be returned to Stericycle.  For additional assistance,
call Stericycle at 1-844-861-6221 between the hours of 8am to 5pm
ET, Monday through Friday.


ITT EDUCATIONAL: Faces "Jindal" Suit Over Deceptive Fin'l Reports
-----------------------------------------------------------------
Kumud Jindal, individually and on behalf of all others similarly
situated v. Kevin M. Modany, Daniel M. Fitzpatrick, and ITT
Educational Services, Inc., Case No. 1:14-cv-01651 (S.D. Ind.,
October 9, 2014), alleges that the Defendants misled investors
regarding the integrity of its financial reporting, including the
reporting of the trust that purchased, owns and collects private
education loans under the PEAKS Private Student Loan Program.

ITT Educational Services, Inc. is a provider of postsecondary
degree programs in the United States.

The Individual Defendants are officers and directors of ITT
Educational Services, Inc.

The Plaintiff is represented by:

      Ronald J. Waicukauski, Esq.
      Brad A. Catlin, Esq.
      PRICE WAICUKAUSKI & RILEY, LLC
      301 Massachusetts Avenue
      Indianapolis, IN 46204
      Telephone: (317) 633-8787
      Facsimile: (317) 633-8797
      Email: rwaicukauski@price-law.com
             bcatlin@price-law.com

        - and -

      Jeremy A. Lieberman, Esq.
      Francis P. McConville, Esq.
      POMERANTZ LLP
      600 Third Avenue, 20th Floor
      New York, NY 10016
      Telephone: (212) 661-1100
      Facsimile: (212) 661-8665
      Email: jalieberman@pomlaw.com
            fmcconville@pomlaw.com

        - and -

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


JEFFERIES GROUP: Bares Updates on Suits Over Leucadia Transaction
-----------------------------------------------------------------
The actions concerning the Leucadia Transaction filed against
Jefferies Group, Inc., in New York have been stayed, the actions
filed in Delaware are proceeding and the claims against certain of
the directors have been dismissed, according to Jefferies Group
LLC's Oct. 8, 2014, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended Aug. 31, 2014.

Seven putative class action lawsuits have been filed in New York
and Delaware concerning the Leucadia Transaction. The class
actions, filed on behalf of the company's shareholders prior to
the Leucadia Transaction, name as defendants Jefferies Group,
Inc., the members of the board of directors of Jefferies Group,
Inc., Leucadia and, in certain of the actions, certain
subsidiaries. The actions allege that the directors breached their
fiduciary duties in connection with the Leucadia Transaction by
engaging in a flawed process and agreeing to sell Jefferies Group,
Inc. for inadequate consideration pursuant to an agreement that
contains improper deal protection terms. The actions allege that
Jefferies Group, Inc. and Leucadia aided and abetted the
directors' breach of fiduciary duties. The actions filed in New
York have been stayed, the actions filed in Delaware are
proceeding and the claims against certain of the directors have
been dismissed.


KUM & GO: Bid to Strike Offer of Judgment in "Claxton" Okayed
-------------------------------------------------------------
District Judge Douglas Harpool granted Plaintiff's Motion to
Strike Defendant's Offer of Judgment in the putative class action
COLTON CLAXTON, Plaintiff, v. KUM & GO, L.C. d/b/a KUM & GO
Defendant, CASE NO. 6:14-CV-03385-MDH (W.D.Miss.)

The Plaintiff seeks recovery on behalf of himself and all other
similarly situated, alleging that Defendant sold to its consumers
unleaded gasoline that improperly contained diesel fuel at Kum &
Go store number 473. Plaintiff alleges that Defendant's faulty
gasoline caused damage to his truck and he seeks to recover based
on six different legal theories: (1) violation of the Missouri
Merchandising Practice Act (MMPA), (2) breach of the implied
warranty of merchantability, (3) negligence, (4) strict products
liability, (5) breach of the warranty of fitness for a particular
purpose, and (6) breach of contract.

On September 12, 2014, Defense counsel served on Plaintiff's
counsel an offer of judgment pursuant to Rule 68 of the Federal
Rules of Civil Procedure, whereby Defendant agreed to allow
judgment granted in favor of Plaintiff on all counts for a sum of
$6,250, inclusive of attorney fees and costs. The offer of
judgment did not address the claims on behalf of the putative
class. In response, Plaintiff filed a motion to strike the offer
of judgment.

"Defendant's offer of judgment at this stage of litigation placed
an impermissible conflict-of-interest situation upon Plaintiff and
the putative class. Thus, although mootness issues are not
implicated, Plaintiff's motion to strike is warranted," the
District Court said in a Sept. 30, 2014 order.

The District Court's Sept. 30, 2014 Order is available at
http://is.gd/7uMVqMfrom Leagle.com.

Kum & Go, L.C., Defendant, is represented by Tristan L. Duncan,
Shook, Esq. -- tlduncan@shb.com -- and Zach Chaffee-McClure, Esq.
-- zmcclure@shb.com -- of Shook, Hardy & Bacon, LLP.


KUO HUA: Recalls 3:15 PM Products Due to Undeclared Milk
--------------------------------------------------------
Starting date:            October 14, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning (Allergen)
Subcategory:              Allergen - Milk
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Kuo Hua Trading Company Ltd.
Distribution:             British Columbia, Ontario
Extent of the product
distribution:             Retail
CFIA reference number:    9326

Affected products: 3:15 PM products with all codes where milk is
not declared on the label


KWIKWETLEM FIRST NATION: Members Sue Chief Over Bonus
-----------------------------------------------------
CFJC TV in Kamloops, BC, Canada, reports that a chief in the Lower
Mainland is facing a class-action lawsuit over a bonus he received
which made him the highest paid chief in the land.  A total of 82
members of the Kwikwetlem First Nation are launching the action
against Ron Giesbrecht.  Mr. Giesbrecht made over C$900 thousand
last year as chief, much of it from a 10 percent bonus he took as
the economic development officer.  He negotiated an C$8 million
land deal with the province.  Band members want the courts to
decide if Mr. Giesbrecht breached his fiduciary duties by
accepting the bonus.


KYMCO USA: Recalls ATVs Due to Burn & Fire Hazards
--------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
KYMCO USA, of Spartanburg, S.C., announced a voluntary recall of
about 540 all-terrain vehicles.  Consumers should stop using this
product unless otherwise instructed.  It is illegal to resell or
attempt to resell a recalled consumer product.

In hot environments or high elevations, the fuel cap can fail to
vent properly, causing the fuel to heat up and pressure to build
up in the tank.  The pressure can cause the fuel tank to rupture
or the fuel to boil out of the tank onto the operator or hot
engine, resulting in burns to the operator or a fire.

There were no incidents that were reported.

The recall involves model year 2013, 2014 and 2015 KYMCO MXU 700
all-terrain vehicles (ATVs) including standard, LE and Camo
versions.  The vehicles came in black, camouflage, gold, green,
red and silver.  The words KYMCO and MXU 700, MXU 700 LE or MXU
700 Camo are on the front of the hood and on each rear fender.
The vehicle identification number (VIN) in the format
RFBLU45U*xBxxxxxx is located on the frame behind the right front
wheel.  The 10th digit of the VIN indicates the model year: D =
2013, E = 2014 and F = 2015.  ATVs with the last six VIN digits in
these ranges are being recalled:

    Model year            VIN RANGE (VINs begin with RFBLU45U*)
    ----------            -------------------------------------
    2013                  DB120111 through DB130158
    2014                  EB120203 through EB130204
    2015                  FB120315 through FB320123
* represents a check digit that varies in each VIN

Pictures of the recalled products are available at:
http://is.gd/U4BdP8

The recalled products were manufactured in Taiwan and sold at
KYMCO dealers nationwide from April 2013 to August 2014 for about
$9,000.

Consumers should immediately stop using the recalled ATVs and
contact an authorized KYMCO dealer for a free repair.  The
original gas caps must be collected by the dealer to confirm the
repair.


LES ALIMENTS: Recalls Star Mixed Fruit Drink
--------------------------------------------
Starting date:            October 6, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning (Allergen)
Subcategory:              Allergen - Sulphites
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Les Aliments Nutrifresh Ltee
Distribution:             Nova Scotia, Ontario, Quebec,
                          Saskatchewan
Extent of the product
distribution:             Retail
CFIA reference number:    9314

Affected products: 1.5 liter Star Mixed Fruit Drink with all codes
where sulphites are not declared on the label


LINKEDIN CORPORATION: Sued Over Breach of Credit Reporting Law
--------------------------------------------------------------
Tracee Sweet, Lisa Jaramillo, James Ralston, and Tiffany Thomas,
on behalf of themselves and others similarly situated v. LinkedIn
Corporation, Case No. 5:14-cv-04531 (N.D. Cal., October 9, 2014),
is brought against the Defendant for violation of the Fair Credit
Reporting Act, specifically by failing to comply with the
certification and disclosure requirements for credit reporting
agencies who furnish consumer reports for employment purposes.

LinkedIn Corporation operates an online professional network
called LinkedIn, through which the company's subscribers are able
to create, manage and share their professional identities online,
build and engage with their professional networks, and apply for
jobs, and through which businesses can search for potential
employees and post job listings, among other things.

The Plaintiff is represented by:

      Todd M. Friedman, Esq.
      LAW OFFICES OF TODD M. FRIEDMAN, P.C
      324 S. Beverly Dr., #725
      Beverly Hills, CA 90212
      Telephone: (877) 206-4741
      Facsimile: (866) 633-0228
      E-mail: tfriedman@attorneysforconsumers.com

         - and -

      James L. Davidson, Esq.
      GREENWALD DAVIDSON PLLC
      5550 Glades Road, Suite 500
      Boca Raton, FL 33431
      Telephone: (561) 826-5477
      Facsimile: (561) 961-5684
      E-mail: jdavidson@mgjdlaw.com

                           *     *     *

Business networking site LinkedIn faces yet another federal class
action, this time over allegations that it furnishes users'
consumer reports to paid subscribers, reports Julie Baker-Dennis,
writing for Courthouse News Service.

Lead plaintiffs Tracee Sweet, Lisa Jaramillo, James Ralston and
Tiffany Thomas sued LinkedIn in San Francisco federal court last
week, claiming multiple violations of the Fair Credit Reporting
Act (FCRA) in a 24-page complaint.  The plaintiffs accuse the
company of furnishing potential employers -- and any LinkedIn
member that has a premium subscription - with consumer reports
packaged as reference reports, without meeting all the
requirements under FCRA.

According to the complaint, employers looking to hire can look at
names and employment positions of other LinkedIn members who are
"linked" to the candidate because they have worked together.

Once the employer pays the required subscription fee, it can
generate its own list of what LinkedIn calls "trusted references"
for the potential employee.  But LinkedIn never informs the
prospective employee that a third party has been given the
information, the plaintiffs say in their complaint.

Employers and other premium subscription users can then use
LinkedIn's search function to view the profile of any trusted
reference and message them through the company's internal
messaging system, InMail.  This provides employers with a powerful
tool to "anonymously dig into the employment history of any
LinkedIn member, and make hiring and firing decisions based upon
the information they gather, without the knowledge of the member,
and without safeguards in place to the accuracy of the information
that the potential employer has obtained," the plaintiffs state in
the complaint.

But the real problem is that the accuracy of the report received
by the employer relies not just on the candidate being completely
honest about their own work history, but also the honesty of the
trusted reference the employer uses to research the applicant.
Any departure from the truth by a trusted reference could cost a
potential employee a job opportunity, the plaintiffs claim.

Sweet says in the complaint that she was denied a job in the
hospitality industry after being viewed on LinkedIn by an unnamed
company's general manager, who called her in for an interview and
initially offered her a job on the spot.  But the company
rescinded its offer several days later, according to the
complaint.  Sweet says that when she asked why she was no longer
being offered the job, "the general manager told her that the
company had checked some references and, based on those
references, had changed its mind."

The general manager had refused Sweet's offer to provide them with
references, however, leaving Sweet to suspect that the information
gleaned from LinkedIn had derailed her chances, according to the
complaint.

Plaintiff Ralston, Thomas and Jaramillo say they all had similar
outcomes after connecting with potential employers through
LinkedIn.  The plaintiffs say in their complaint that LinkedIn
provides paid subscribers with the equivalent of a user's credit
report without also giving a summary of the consumer's rights -- a
requirement of FCRA.  Furthermore, LinkedIn gives up the reports
to any paid user without verifying identity, intent, or even the
accuracy of the information the reports are based on -- two more
violations of the credit reporting law, the complaint states.

The jilted jobseekers ask for class certification and statutory,
actual and punitive damages for five alleged violations of FCRA.

LinkedIn says on its website that generated $427 million -- 80
percent of its revenue stream -- from its premium subscriptions
and talent solutions services in the second quarter of this year
alone.  The company claims to be the world's largest web-based
professional network with over 300 million members worldwide.

The company is no stranger to accusations over its business
practices.  In 2013, another federal class action accused LinkedIn
of hacking into users' accounts and harvesting their email
contacts for a barrage of promotional spam.

In that case, a federal judge found earlier this year that while
users give LinkedIn permission to collect email addresses from
their accounts when they sign up for the service, their consent
might not extend to the onslaught of "reminder" emails that come
later, the judge said.


LOS ANGELES, CA: Accused of Withholding Psychotropic Medication
---------------------------------------------------------------
Courthouse News Service reports that Los Angeles County withholds
psychotropic medication from mentally ill inmates, a class action
claims in California Federal Court.


LUNADA BIOMEDICAL: Order Striking Declaratory Relief Case Upheld
----------------------------------------------------------------
Attorneys for Laura Nunez, a consumer, served on Lunada Biomedical
a notice required for damages under the Consumer Legal Remedies
Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged
violations of the CLRA and demanding action. The company then
brought a declaratory relief action against the consumer and her
attorneys seeking a declaration that it had not violated the CLRA.
The consumer and the attorneys moved to strike the complaint under
Code of Civil Procedure section 425.161 (anti-SLAPP statute),
which motions the trial court granted.

The Court of Appeals of California, Second District, Division Five
affirmed, holding that the declaratory relief action is subject to
the anti-SLAPP statute as it arose out of protected activity
provided by that statute, and that the trial court properly
granted the special motions to strike because the company's
declaratory relief action had no probability of success. The
Appeals Court held that under the reasoning of Filarsky v.
Superior Court (2002) 28 Cal.4th 419 (Filarsky), a potential
defendant in a CLRA damages action after receiving the statutory
notice may not maintain a declaratory relief action to establish
that there was no violation of the CLRA.  The Appeals Court,
therefore, affirmed the order striking the complaint, as well as
the award of attorney fees.

A copy of the Appeals Court's October 9, 2014 opinion is available
at http://is.gd/2gUoW8from Leagle.com.

The case is LUNADA BIOMEDICAL, Plaintiff and Appellant, v. LAURA
NUNEZ et al., Defendants and Respondents, NO. B243205,
CONSOLIDATED WITH NO. B246602.

Milstein Adelman, Gillian L. Wade -- gwade@milsteinadelman.com --
Mayo L. Makarczyk, Sara D. Avila -- savila@milsteinadelman.com --
Erich D. Schiefelbine -- eschiefelbine@gibsondunn.com -- for
Defendants and Respondents.


MCDONALD'S USA: "Hornsby" Lawsuit Denied Class Certification
------------------------------------------------------------
In the putative class action SHERYL HORNSBY, Plaintiff, v.
MCDONALD'S USA, LLC and JTS ENTERPRISES OF TAMPA, LTD, Defendants,
CASE NO. 8:14-CV-2288-T-30TBM (M.D. Fla.), Plaintiffs allege that
Defendants violated the Fair Credit Reporting Act (FCRA) with
respect to the Plaintiff and putative class members through their
use of undisclosed consumer report information including, (1)
taking adverse employment action without allowing reasonable
opportunity to respond; (2) procuring consumer reports without
making proper disclosures; and (3) obtaining consumer reports
without proper authorization.

In an Oct. 7, 2014 Order available at http://is.gd/n4RKsnfrom
Leagle.com, District Judge James S. Moody ordered that:

  1. Plaintiff's Motion for Class Certification is denied without
     prejudice as premature.

  2. Defendants' Unopposed Joint Motion for Extension of Time to
     Respond to Plaintiff's Motion for Class Certification is
     denied as moot.

  3. Defendants' Unopposed Joint Motion for Extension of Time to
     Respond to the Class Action Complaint is granted to the
     extent that Defendants shall file their responses to the
     Complaint on or before October 26, 2014.

JTS Enterprises of Tampa, LTD, doing business as Caspers Company,
Defendant, is represented by Kevin D. Johnson, Esq. --
kjohnson@tsghlaw.com -- of Thompson, Sizemore, Gonzalez & Hearing,
PA.


MICHAELS STORES: Recalls Folding Tables Due to Fall Hazard
----------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Michaels Stores, Inc., of Irving, Texas, announced a voluntary
recall of about 8,400 folding tables.  Consumers should stop using
this product unless otherwise instructed.  It is illegal to resell
or attempt to resell a recalled consumer product.

The folding tables can collapse under excessive weight, posing an
impact or falling hazard.

There have been four reports of consumers sitting on the tabletop
and falling when the tables collapsed, resulting in injuries to
the back, leg or hip.

The Ashland Summer Living Vintage Wood Folding Table has a 14-inch
round tabletop made of red medium density fiberboard.  The table
legs are brown metal, and the table stands about 22.5 inches high.
A latch on the underside of the tabletop secures the table in an
upright position when the table legs are separated forming an "X"
position.  When the table leg is released from this latch, the
legs fold together and the tabletop folds down against the legs in
a flat position.  SKU 309950 and UPC 886946388804 are printed on a
hangtag on the tables.  Phase MDF and 01276 are printed on a black
and white label under the table.

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

The recalled products were manufactured in China and sold
exclusively at Michaels Stores nationwide from April 2014 to May
2014 for about $30.

Consumers should immediately stop using the tables and return them
to any Michaels store for a full refund.


MILLENNIAL MEDIA: Faces Shareholder Class Action in New York
------------------------------------------------------------
Scott Dance, writing for The Baltimore Sun, reports that a class
action lawsuit accuses Millennial Media executives of hiding
information that reflected poorly on the company, and, once
released publicly, sent the company's stock price tumbling.

The Mississippi state pension system's complaint, filed in federal
court in New York, accuses the Baltimore mobile advertising firm
and its leaders of making "false and misleading statements" and
failing to disclose material information that investors should
have known. Two New York law firms filed the lawsuit on the
pension's behalf, and are seeking more Millennial stockholders as
plaintiffs.

Millennial Media sold $152 million in what was considered a
successful initial public stock offering in March 2012, but shares
have since lost more than 90 percent of their value. Shares closed
at $1.92 each on Oct. 6.

Millennial officials said they do not comment on litigation.

The law firms allege the company withheld information on the
development and functionality of key technology, the benefits of
some corporate acquisitions and the outlook for the company's
future performance.  But when that information came to light,
Millennial's stock price plummeted.  After a May conference call
that revealed mounting losses and the departure of the company's
chief financial officer, shares fell 40 percent in a day.

"The true state of Millennial Media's technology, acquisitions,
and outlook was revealed through a series of disclosures that
included revelations of disappointing financial results and
guidance, additional corporate acquisitions, and the resignation
of its Chief Financial Officer, Michael B. Avon to 'pursue other
career interests,'" the law firms Labaton Sucharow LLP and
Bernstein Litowitz Berger & Grossmann LLP said in a statement.

Millennial has grown from a startup founded in 2006 in Baltimore's
Emerging Technology Center to take over most of the Can Company
development in Canton, which is being renamed the Millennial Media
Center at the Can Company.


MISSOURI: Civil Trials Put on Hold Amid SORTS Class Action
----------------------------------------------------------
Jesse Bogan, writing for St. Louis Post-Dispatch, reports that the
Missouri attorney general's office has agreed to take a limited
break from civil trials that seek to indefinitely commit sexually
violent predators to secure treatment facilities run by the
Missouri Department of Mental Health.

Sexually violent predators are held at Sex Offender Rehabilitation
and Treatment Services, or SORTS, in Farmington and Fulton after
completing lengthy prison sentences.  Law enforcement officials
try to commit about 20 men each year to the controversial program
through civil commitment trials.

According to a stipulation filed on Oct. 2 in federal court, the
attorney general's office agreed not to set civil commitment cases
for trial between Dec. 1 and May 1.  The decision clears the deck
for a large federal lawsuit against Missouri that alleges SORTS is
unconstitutional.  An April 21 trial date was recently set for the
federal case, an attorney said.

"There is a fundamental constitutional issue that has to be
resolved, and until that is resolved the process should be
stopped," said Eric Selig, lead attorney representing about 200
sex offenders who are plaintiffs in the class-action suit.  "The
AG's office was pretty reasonable to agree with us to put
everything on hold."

The break is expected to affect seven civil commitment trials.
Six separate cases set for trial before Dec. 1 will go forward.

As part of the agreement, plaintiffs in the federal lawsuit
withdrew a motion for preliminary injunction that asked the judge
in the case to stop the civil commitment process, including filing
new petitions for commitment.

Eric Slusher, a spokesman for the Missouri attorney general's
office, said officials agreed to allow continuances in the seven
civil commitment cases leading up to the federal lawsuit trial in
April "in the interest of saving resources and disposing of the
motion for preliminary injunction."

The civil commitment process was the topic of an in-depth story in
the Post-Dispatch that outlined the case of Lester Bradley, a sex
offender who has refused treatment at SORTS.  He was committed
despite a unanimous decision by a panel of state mental health
officials that he wasn't more likely than not to commit another
sex offense if not held in a secure facility.

He won his appeal in June and is expected to be transferred home
to Kansas City soon for a new trial that hasn't been set.

Macon Baker, a sex offender from Des Peres, was a rare sex
offender to win his civil commitment trial in February.  The
attorney general's office had failed to get a unanimous verdict to
commit him at three previous trials.


NATIONSTAR MORTGAGE: Class Cert. Bid in "Burton" Case Denied
------------------------------------------------------------
Magistrate Judge Jennifer L. Thurston denied a motion for class
certification filed by plaintiffs in the case captioned DENNIS
BURTON, on behalf of himself and all others similarly situated,
Plaintiff, v. NATIONSTAR MORTGAGE, LLC, Defendant, CASE NO. 1:13-
CV-00307-LJO-JLT, (E.D. Cal.).

A copy of Judge Thurston's October 8, 2014 findings and
recommendations is available at http://is.gd/MeE5NZfrom
Leagle.com.

Nationstar Mortgage, LLC, Defendant, represented by Erik Wayne
Kemp -- ek@severson.com -- Severson & Werson, PC, John B. Sullivan
-- jbs@severson.com -- Severson & Werson & Mary Catherine Kamka --
mkk@severson.com -- Severson and Werson.


NEW ENERGY SYSTEMS: Court Dismisses Securities Litigation
---------------------------------------------------------
A federal district court in New York dismissed the case IN RE NEW
ENERGY SYSTEMS SECURITIES LITIGATION, Case No. 12-CV-01041
(LAK)(S.D.N.Y.), which concerns purchases of New Energy Systems
Group stock between April 15, 2010, and November 14, 2011.
Plaintiffs assert claims under Section 10(b) of the Securities
Exchange Act of 1934 based on alleged misstatements regarding
revenue and earnings in the Company's 2009 form 10-K.  Plaintiffs
bring an additional claim for violation of Section 20(a) of the
Exchange Act against four individual defendants who held various
officer roles with the Company.

District Judge Lewis A. Kaplan granted the motion to dismiss
brought by New Energy and defendants Weihe Yu and Junfeng Chen in
a Sept. 30, 2014 Memorandum Opinion available at
http://is.gd/nyj9jFfrom Leagle.com.

New Energy is a Nevada corporation with its headquarters and main
operating divisions in Shenzhen, China.  As of 2008, most of New
Energy's operations were conducted by a subsidiary, Shenzhen
E'Jenie Technology Development Co., Ltd. The Company manufactures
and distributes lithium battery shells and related products,
primarily in China.

Caryn G. Schechtman, Esq. -- caryn.schechtman@dlapiper.com  ,
Joshua S. Sohn, Esq. -- Joshua.sohn@dlapiper.com , David V. Sack,
Esq. -- david.sack@dlapiper.com , Robert D. Weber, Esq. --
robert.weber@dlapiper.com of DLA PIPER LLP (US), Attorneys for
Defendants.


OCWEN FINANCIAL: Alfred Yates Law Firm Files Class Action
---------------------------------------------------------
The Law Office of Alfred G. Yates Jr., PC on Oct. 6 disclosed that
it has filed a class action in the United States District Court
for the District of the U.S. Virgin Islands on behalf of
purchasers of Ocwen Financial Corporation common stock during the
period between October 3, 2012 and August 11, 2014.

If you wish to serve as lead plaintiff, you must move the Court no
later than October 11, 2014.  Any member of the putative class may
move the Court to serve as lead plaintiff through counsel of their
choice, or may choose to do nothing and remain an absent class
member.

The complaint alleges materially false and misleading statements
or omitted adverse facts about the Company's true financial
condition and business prospects related to residential and
commercial mortgage loans throughout the Class Period.

The firm is also investigating actions on behalf of investors for
the following companies: Athlon Energy, Inc., Bankrate, Inc.,
Dresser-Rand Group, Move, Inc., PDL BioPharma, Inc., Pike Corp.,
Sigma-Aldrich Corp., TIBCO Software Inc., Viasystems Group.

If you are an investor in any of the above companies and wish to
learn more about any of the investigations or have any questions,
please contact Alfred G. Yates Jr., Esquire at 1-800-391-5164,
toll free.  You may also contact him by email at yateslaw@aol.com
or through the law office web site at
http://yatesclassactionlaw.com/contact_us.php


OPTIMUM NUTRITION: Falsely Marketed Protein Products, Suit Claims
-----------------------------------------------------------------
Omari Bobo, individually and on behalf of all other similarly
situated v. Optimum Nutrition, Inc., a Delaware Corporation, Case
No. 3:14-cv-02408 (S.D. Cal., October 9, 2014), alleges that the
Defendant's Protein Products do not exclusively contain protein
derived from the primary protein ingredients, as communicated by
the names and labeling of each of the Defendant's Products.
Instead, each Optimum product contains other ingredients that are
not protein.

Optimum Nutrition, Inc. manufactures sports-oriented nutritional
products.

The Plaintiff is represented by:

      Trenton R. Kashima, Esq.
      William R. Restis, Esq.
      Mark L. Knutson, Esq.
      Jeffrey R. Krinsk, Esq.
      FINKELSTEIN & KRINSK LLP
      501 West Broadway, Suite 1250
      San Diego, CA 92101-3579
      Telephone: (619) 238-1333
      Facsimile: (619) 238-5425
      E-mail: trk@classactionlaw.com
              wrr@classactionlaw.com
              mlk@classactionlaw.com
              jrk@classactionlaw.com


PENNSYLVANIA: App. Court Vacates Dismissal of "Pelzer" Case
-----------------------------------------------------------
The Commonwealth Court of Pennsylvania vacated the April 8, 2014,
order of the Court of Common Pleas of Greene County (trial court)
dismissing the complaint initiated by Caine Pelzer, et al.,
alleging unlawful conditions in a Pennsylvania prison.

The putative class action was filed by Pelzer, et al., in March
2014 against the Pennsylvania Department of Corrections (DOC),
Secretary John Wetzel, Superintendent Louis Folino, Deputy
Superintendent Lorinda Winfield, Deputy Superintendent Robert
Gilmore, Superintendent Brian Coleman, Major Wallace Leggett,
Major John Doe, Captain Durco, Unit Manager Paul Payla, Grievance
Coordinator Tracy Shawley, and the SCI-Greene Security Threat
Group Management Unit (STGMU), alleging that Defendants violated
the constitutional rights of Pelzer and his fellow inmates in the
STGMU by, inter alia, maintaining unlawful prison conditions.  On
April 8, 2014, the trial court entered an order dismissing
Pelzer's complaint without a hearing.

In an Oct. 6, 2014 order available at http://is.gd/cINovyfrom
Legle.com, the appellate court agrees with Pelzer that the trial
court abused its discretion in dismissing his complaint without
allowing him to either amend his complaint or file a response to
the preliminary objections and without holding a hearing.

The case is remanded for further proceedings.

The appeals case is Caine Pelzer, Addam Sloane, et al.,
Appellants, v. Sec. John Wetzel, Pennsylvania Department of
Corrections, et al., Case No. 670 C.D. 2014, Commonwealth Court of
Pennsylvania.

The appellate court panel is composed of HONORABLE DAN PELLEGRINI,
President Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, and
HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge.


PORTFOLIO RECOVERY: Sued in California Over Violation of FDCPA
--------------------------------------------------------------
Lorraine Hunting, individually and on behalf of all others
similarly situated v. Portfolio Recovery Associates, LLC, Case No.
2:14-cv-07847 (C.D. Cal., October 9, 2014), is brought against the
Defendant for violation of the Fair Debt Collection Practices Act.

Portfolio Recovery Associates, LLC is engaged in debt collection
business.

The Plaintiff is represented by:

      Matthew M. Loker, Esq.
      KAZEROUNI LAW GROUP APC
      245 Fishcer Avenue, Suite D1
      Costa Mesa, CA 92626
      Telephone: (800) 400-6808
      Facsimile: (800) 520-5523
      E-mail: ml@kazlg.com


R&A OYSTERS: Accused of Not Properly Paying Mexican Guest Workers
-----------------------------------------------------------------
Tracey Dalzell Walsh, writing for Courthouse News Service, reports
that two migrant workers filed a federal class action against R&A
Oysters Inc., claiming the company refuses to properly compensate
the 100 Mexican "guest workers" it employs in Alabama.

In a complaint filed in the federal court in Mobile, Ala.,
plaintiffs Miguel Angel Fuentes Cordova and Leobardo Morales
Inclan say R&A Oysters recruited them from Mexico to work in its
processing plants "because of an apparent shortage of U.S.
workers" willing to shuck oysters.  The two men say they spent
considerable sums to obtain temporary H-2B work visas, including
the costs of travel from their home villages to a larger city so
they could attend their consular interviews.

Cordova and Inclan claim that once they arrived in the United
States, R&A required them to pay $170 to ride on the company's
chartered bus to work.  The plaintiffs say they have not been
reimbursed for these expenses, in violation of the Migrant and
Seasonal Worker Protection Act, and other rules promulgated by the
U.S. Department of Labor.

According to the men, the Labor Department allows only
"reasonable" deductions from wages, and that the expenses they
incurred fall well outside what the federal government deems
reasonable.

In addition, Cordova and Inclan say that Rodney and Ann Fox,
owners and officers of the company, unfairly subject their Mexican
workers to paycheck deductions for tools and equipment --
including gloves, overalls, boots and knives -- that are necessary
for them to do their jobs.  These deductions caused their pay to
fall below the minimum wage under the Fair Labor Standards Act,
the plaintiffs say.

Additionally, Cordova and Inclan claim they were forced to live in
housing owned and controlled by defendants, but the property did
not receive certification that it complied with health and safety
codes.  Cordova and Inclan seek actual and liquidated damages for
themselves and the class, payment of the wages they are currently
owed, injunctive relief, and court costs.

The Plaintiffs are represented by:

          Samuel Brooke, Esq.
          SOUTHERN POVERTY LAW CENTER
          400 Washington Avenue
          Montgomery, AL 36104
          Telephone: (334) 956-8200
          Facsimile: (334) 956-8481
          E-mail: Samuel.brooke@splcenter.org

               - and -

          Meredith B. Stewart, Esq.
          SOUTHERN POVERTY LAW CENTER
          1055 St. Charles Avenue, Suite 505
          New Orleans, LA 70130
          Telephone: (504) 526-1497
          Facsimile: (504) 486-8947
          E-mail: Meredith.stewart@splcenter.org

               - and -

          Eunice Hyunhye Cho, Esq.
          James M. Knoepp, Esq.
          SOUTHERN POVERTY LAW CENTER
          1989 College Ave. NE
          Atlanta, GA 30317
          Telephone: (404) 521-6700
          Facsimile: (404) 221-5857
          E-mail: Eunice.cho@splcenter.org
                  Jim.knoepp@splcenter.org

The case is Miguel Angel Fuentes Cordova and Leobardo Morales
Inclan, on behalf of themselves and all others similarly situated
v. R & A Oysters, Inc., Rodney L. Fox, and Ann P. Fox, Case No.
1:14-cv-00462-CB-M, in the United States District Court for the
Southern District of Alabama.


SCOPE SERVICES: Faces "Gray" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Robin Cynthia Gray, Alvin Carl Addison, Steven Paul Johnson,
Dearell Charlie Brevard, Andrew Saunders, and Warren Kenneth
Turner, on behalf of themselves and all others similarly situated
v. Scope Services, Inc., Case No. 1:14-cv-01700 (D.D.C., October
9, 2014), is brought against the Defendant for failure to pay
overtime compensation for worked in excess of hours per work week.

Scope Services, Inc. is a mechanical, electrical, plumbing,
construction, maintenance contractor, and temporary staffing
specialist to commercial and energy related industries.

The Plaintiff is represented by:

      Gregg Cohen Greenberg, Esq.
      Jason D. Friendman, Esq.
      ZIPIN, AMSTER & GREENBERG, LLC
      836 Bonifant Street
      Silver Spring, MD 20910
      Telephone: (301) 587-9373
      Facsimile: (301) 587-9397
      E-mail: ggreenberg@zagfirm.com
              jfriendman@zagfirm.com


SIGMA-ALDRICH CORP: Robbins Arroyo Files Class Action Over Buyout
-----------------------------------------------------------------
Shareholder rights law firm Robbins Arroyo LLP on Oct. 6 disclosed
that it has filed a class action lawsuit on September 23, 2014, in
the 22nd Judicial Circuit Court of St. Louis, Missouri, opposing
the proposed acquisition of Sigma-Aldrich Corporation by Merck
KGaA.  On September 22, 2014, the companies announced that Sigma-
Aldrich and Merck signed a definitive merger agreement pursuant to
which Merck will acquire all outstanding shares of Sigma-Aldrich
for $140.00 per share in cash.  The complaint seeks relief on
behalf of the named plaintiffs and all other similarly situated
shareholders of Sigma-Aldrich.  The named plaintiffs are
represented by Robbins Arroyo LLP.

Robbins Arroyo LLP's class action focuses on whether the board of
directors at Sigma-Aldrich is undertaking a fair process to obtain
maximum value and adequately compensate its shareholders.

If you wish to discuss this action or have any questions
concerning this notice or your rights or interests, please contact
attorney Darnell R. Donahue at (800) 350-6003,
ddonahue@robbinsarroyo.com or via the shareholder information form
on the firm's website.

Robbins Arroyo LLP is a nationally recognized leader in securities
litigation and shareholder rights law.  The law firm represents
individual and institutional investors in shareholder derivative
and securities class action lawsuits, and has helped its clients
realize more than $1 billion of value for themselves and the
companies in which they have invested.


SIMPLICITY BANCORP: Being Sold for Too Little, Class Suit Claims
----------------------------------------------------------------
Stephen Bushansky, On Behalf of Himself and All Others Similarly
Situated v. Simplicity Bancorp, Inc., Donald R. Voss, John H.
Cochrane, Dustin Luton, Robert C. Steinbach, James L. Breeden,
Giovani O. Dacumos, Michael J. Sacher, Laura G. Weisshar,
Homestreet, Inc., and Does 1-25, inclusive, Case No. BC560508
(Cal. Super. Ct., Los Angeles Cty., October 10, 2014) arises out
of the Defendants' alleged breaches of their fiduciary duty, or
the aiding and abetting of those breaches, in connection with the
proposed acquisition of the publicly owned shares of Simplicity
common stock by HomeStreet.

Simplicity is a Maryland corporation headquartered in Covina,
California.  Simplicity operates as a bank holding company for
Simplicity Bank, which was originally founded in 1953 as a credit
union.  Today, the Bank is a federally chartered savings bank
institution, which operates seven retail branches in Los Angeles
and San Bernardino counties.  The Individual Defendants are
directors and officers of the Company.  HomeStreet is a Washington
corporation headquartered in Seattle, Washington.

The Plaintiff is represented by:

          Leigh A. Parker, Esq.
          WEISSLAW LLP
          1516 South Bundy Drive, Suite 309
          Los Angeles, CA 90025
          Telephone: (310) 208-2800
          Facsimile: (310) 209-2348
          E-mail: lparker@weisslawllp.com

               - and -

          Richard A. Acocelli, Esq.
          WEISSLAW LLP
          1500 Broadway, 16th Floor
          New York, NY 10036
          Telephone: (212) 682-3025
          Facsimile: (212) 682-3010
          E-mail: racocelli@weisslawllp.com


SOUTH FLORIDA REFINISHING: Sued Over Failure to Pay Overtime
------------------------------------------------------------
Yuri Zelaya, and other similarly situated individuals v. South
Florida Refinishing Corp. d/b/a The Finishing Center f/k/a The
Finishing Center Inc., William Carrazana, Fray Landaeta, and Leidy
Carrazana a/k/a Lis Carrazana a/k/a Lisbeth Landaeta,
individually, Case No. 1:14-cv-23730 (S.D. Fla., October 9, 2014),
is brought against the Defendant for failure to pay overtime wages
for worked in excess of 40 hours per week.

South Florida Refinishing Corp. provides tile and bathtub
refinishing services.

The Plaintiff is represented by:

      Ruben Martin Saenz, Esq.
      SAENZ & ANDERSON, PLLC
      20900 N.E. 30th Avenue, Suite 800
      Aventura, FL 33180
      Telephone: (305) 503-5131
      Facsimile: (888) 270-5549
      E-mail: msaenz@saenzanderson.com


SUNSOF INC: FLSA Case by Factory Workers Dismissed
--------------------------------------------------
District Judge Federico A. Moreno granted in part a motion to
dismiss the case captioned JONATHAN BAIDE, WILMER CABALLERO, YONI
CUBAS, GEIKER J. ALVARADO, Plaintiffs, v. SUNSOF, INC. and EDGARDO
D. ARMANDO, Defendants, CASE NO. 14-22255-CIV-MORENO, (S.D. Fla.).

Plaintiffs are factory workers at Defendant Sunsof, Inc., a food
manufacturing business, and are suing for unpaid overtime
compensation under the Fair Labor Standards Act. One of the
Plaintiffs, Jonathan Baide, is also suing for retaliatory
discharge, claiming his employment was terminated when his uncle
filed a Fair Labor Standards Act case against the Defendants. The
complaint is framed as a putative class action. The Defendants
filed a motion to dismiss on July 30, 2014.

The Court found that the Plaintiffs' complaint is sufficiently
pled, except for the class action claim, which lacks factual
support. Accordingly, the Court dismissed the class allegations
without prejudice and granted leave to amend the complaint.

"Plaintiffs may file an amended complaint by no later than October
22, 2014 consistent with this order," ruled Judge Moreno in his
order entered October 7, 2014, a copy of which is available at
http://is.gd/YdBaz3from Leagle.com.

Edgardo D. Armando, individually, Defendant, represented by Devand
Anthony Sukhdeo -- Sukhdeod@jacksonlewis.com -- Jackson Lewis
P.C., Jeremiah Richard Jones -- Jeremiah.Jones@jacksonlewis.com --
Jackson Lewis P.C. & Nicholas Paul Banegas --
Nicholas.Banegas@jacksonlewis.com -- Jackson Lewis P.C.


SUPER NICE: "Pierre" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Joseph Pierre v. Super Nice STS, Inc., a Florida corporation, Case
No. 1:14-cv-23733 (S.D. Fla., October 9, 2014), seeks to recover
unpaid overtime wages, liquidated damages, post-judgment interest,
reasonable attorney's fee and costs pursuant to the Fair Labor
Standards Act.

Super Nice STS, Inc. provides paratransit special transportation
services.

The Plaintiff is represented by:

      Brian Jay Militzok, Esq.
      MILITZOK & LEVY, P.A.
      3230 Stirling Road, Suite 1
      Hollywood, FL 33021
      Telephone: (954) 727-8570
      Facsimile: (954) 241-6857
      E-mail: bjm@mllawfl.com


SYNGENTA CORPORATION: Sued Over Damages Caused by Viptera Corn
--------------------------------------------------------------
Marlen Greer, individually, and on behalf of all others similarly
situated v. Syngenta Corporation, Syngenta Crop Protection, LLC,
and, Syngenta Seeds, Inc., Case No. 0:14-cv-04197 (D. Minn.,
October 9, 2014), is brought against the Defendants for failure to
provide an adequate warning to farmers, grain elevators, grain
exporters, and the general public regarding the dangers of
planting, growing, harvesting, transporting, or otherwise using
Viptera corn at the time Viptera corn was sold.

The Defendants are engaged in commercial seed business,
developing, producing, and selling, through dealers and
distributors or directly to growers, a wide range of agricultural
products throughout the United States, including corn seed with
certain genetically modified traits.

The Plaintiff is represented by:

      Hart L. Robinovitch, Esq.
      ZIMMERMAN REED, PLLP
      14646 N. Kierland Blvd, Suite 145
      Scottsdale, AZ 85254
      Telephone: (480) 348-6400
      Facsimile: (480) 348-6415
      E-mail: hart.robinovitch@zimmreed.com

         - and -

      David M. Cialkowski, Esq.
      ZIMMERMAN REED, PLLP
      1100 IDS Center, 80 South 8th Street
      Minneapolis, MN 55402
      Telephone: (612) 341-0400
      Facsimile: (612) 341-0844
      E-mail: David.Cialkowski@zimmreed.com

         - and -

      Caleb Marker, Esq.
      RIDOUT LYON + OTTOSON, LLP
      555 E. Ocean Boulevard, Suite 500
      Long Beach, CA 90802
      Telephone: (562) 216-7380
      Facsimile: (562) 216-7385
      E-mail: c.marker@rlollp.com


TIBCO SOFTWARE: Faces 3 Class Actions Over Merger Agreement
-----------------------------------------------------------
In connection with TIBCO Software Inc.'s entry into a merger
agreement and the transactions contemplated thereby, three
purported class action lawsuits have been filed against the
company, according to its Oct. 8, 2014, Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarter ended Aug.
31, 2014.

Two complaints, captioned Brian Ford, On Behalf of Himself and All
Others Similarly Situated v. TIBCO Software Inc., et al. (filed on
October 6, 2014) (the "Ford Complaint") and Bona Tilahun,
Individually and On Behalf of All Others Similarly Situated v.
TIBCO Software Inc., et al. (filed on October 7, 2014) (the
"Tilahun Complain") were filed in the Court of Chancery of the
State of Delaware. A third complaint, captioned Jeff Cole v. TIBCO
Software Inc., et al. (filed on October 3, 2014) (the "Cole
Complaint"), was filed in the Santa Clara Superior Court, in the
State of California.

In general, each of the complaints asserts that, among other
things, the members of the Board of Directors breached their
fiduciary duties to the company's stockholders by initiating a
process that undervalues the company and by agreeing to a
transaction that does not adequately reflect the company's true
value, and that TIBCO, Balboa Intermediate Holdings LLC, Balboa
Merger Sub, Inc. and Vista Equity Partners V., L.P. aided and
abetted the Board's breaches of fiduciary duties. The complaints
generally seek to enjoin the Merger or, alternatively, seek
rescission of the Merger in the event the defendants are able to
consummate it.


TPE INC: "Bonilla-Diaz" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
Acencion Bonilla-Diaz and Modesto Bonilla-Diaz, individually and
in behalf of all other persons similarly situated v. TPE Inc.
d/b/a The Plumbing Exchange and Zalmen L. Blau, jointly and
severally, Case No. 1:14-cv-05941 (E.D.N.Y., October 9, 2014),
seeks to recover unpaid overtime compensation and for other relief
under the Fair Labor Standards Act.

TPE Inc. is a merchant wholesale distributor of plumbing and
heating equipment and supplies.

The Plaintiff is represented by:

      John Gurrieri, Esq.
      LAW OFFICE OF JUSTIN A. ZELLER
      277 Broadway Suite 408
      New York, NY 10007
      Telephone: (212) 229-2249
      Facsimile: (212) 229-2246
      E-mail: jmgurrieri@zellerlegal.com


TURKEY VALLEY: Sued Over Violation of Fair Labor Standards Act
--------------------------------------------------------------
Alma M. Gonzalez, Sherman D. Spradley and Ahmed A. Duale,
individually and on behalf of others similarly situated v. Turkey
Valley Farms, L.L.C., Case No. 0:14-cv-04192 (D. Minn., October 9,
2014), is brought against the Defendant for violation of the Fair
Labor Standards Act.

Turkey Valley Farms, L.L.C. owns and operates a turkey processing
facility in Marshall, Minnesota.

The Plaintiff is represented by:

      Aram V. Desteian, Esq.
      Janine M. Loetscher, Esq.
      Lewis A. Remele Jr., Esq.
      BASSFORD REMELE, PA
      33 S 6th St Ste 3800
      Mpls, MN 55402-3707
      Telephone: (612) 746-1088
      Facsimile: (612) 746-1288
      E-mail: adesteian@bassford.com
              jloetscher@bassford.com
              lewr@bassford.com

         - and -

      Daniel J. Sheran, Esq.
      Thomas R. Sheran, Esq.
      SHERAN LAW OFFICE
      222 South 9th Street, Suite 1600
      Mpls, MN 55402
      Telephone: (612) 337-9001
      Facsimile: (612) 338-0359
      E-mail: danielsheran@sheranlaw.com
              thomassheran@sheranlaw.com


TURKISH REPUBLIC: Court Dismissed Suit Over Cyprus Property Spat
----------------------------------------------------------------
Greek Cypriots cannot claim here that the government in control of
Northern Cyprus gave their homes to Turkish Cypriots, reports Ryan
Abbott at Courthouse News Service, citing a federal court ruling.

U.S. District Judge Paul Friedman noted on October 9, 2014, that
United Nations peacekeeping forces still maintain the "Green Line"
that has separated the Turkish-occupied north from the rest of
Cyprus since a brutal conflict in 1974.

The Turkish Republic of Northern Cyprus (TRNC) has been the name
of the government for sectioned-off segment of Cyprus since 1983.
Although the United States does not recognize it as a state, the
TRNC purportedly operates as a democratic republic with a
president, prime minister, legislature and judiciary, Friedman
said.

The Greek-descended Cypriots make up about three-quarters of the
population of Cyprus and practice Christianity.  Turkish-descended
Cypriots are Muslim.

In a 2009 federal class action, Michali Toumazou and other Greek
Cypriots who fled south in 1974 complained that the TRNC
confiscated their property and redistributed the land to Turkish
Cypriots.

HSBC was named as a defendant for allegedly facilitating the deal,
which required the Turkish Cypriots to renounce their rights to
property in southern Cyprus.

Judge Friedman found no showing on October 9, however, that that
the TRNC is vulnerable to a lawsuit in Washington.  He dismissed
the claims against it for lack of personal jurisdiction.

"Even if true, [the plaintiffs' allegations] fall woefully short
of demonstrating that the TRNC is 'at home' in the District of
Columbia," the ruling states.

The homeowners also failed to state a claim against HSBC,
according to the ruling.

Friedman said the class failed to distinguish its claims between
the TRNC and HSBC, and therefore violated federal procedure.

"It would be futile to permit plaintiffs to file an amended
complaint," the judge added.

The ruling makes no mention of a multibillion RICO class action
brought in 2012 by Brits who bought some of the northern Cyprus
property from the TRNC as vacation homes.

That complaint, which also named HSBC as a defendant, said that
the TRNC operates illegally in the republic of Cyprus through the
"brute force" of 40,000 Turkish troops.

The TRNC previously defeated a complaint by singer Julio Iglesias,
who claimed that he was duped into agreeing to perform an illegal
concert in Cyprus by a military organization.

Earlier this year, a talent agency complained that certain Turkish
Cypriots tricked it into booking that Iglesias gig.

The case is Michali Toumazou, et al. v. Turkish Republic of
Northern Cyprus, et al., Case No. 09-1967 (PLF), in the United
States District Court for the District of Columbia.

A copy of the decision is available at http://is.gd/7BBezXfrom
Leagle.com.

HSBC BANK USA, N.A., is represented by:

     Michael Orth Ware, Esq.
     Andrew John Pincus, Esq.
     MAYER BROWN, LLP
     1675 Broadway
     New York, NY 10019-5820
     Tel: 212 506 2593
     Fax: 212 849 5593
     E-mail: mware@mayerbrown.com
             apincus@mayerbrown.com


UEBT RETIREE: Sued in N.D. California Over Violation of ERISA
-------------------------------------------------------------
Harold Barling, on behalf of himself and all others similarly
situated v. UEBT Retiree Health Plan, UFCW & Employers Benefit
Trust Fund, and Board of Trustees of The UFCW & Employers Benefit
Trust, Case No. 4:14-cv-04530 (N.D. Cal., October 9, 2014), is
brought against the Defendant for violation of the Employee
Retirement Income Security Act.

UEBT Retiree Health Plan, UFCW & Employers Benefit Trust Fund
provides healthcare benefits as a secondary payor for certain plan
participants, including Medicare-eligible retirees and their
dependents.

The Plaintiff is represented by:

      Teresa S. Renaker, Esq.
      LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.
      476 - 9th Street
      Oakland, CA 94607
      Telephone: (510) 839-6824
      Facsimile: (510) 839-7839
      E-mail: trenaker@lewisfeinberg.com

         - and -

      James P. Keenley, Esq.
      BOLT KEENLEY KIM LLP
      1010 Grayson Street, Suite Three
      Berkeley, CA 94710
      Telephone: (510) 225-0696
      Facsimile: (510) 225-1095
      E-mail: jkeenley@bkkllp.com


VOXX INTERNATIONAL: No Lead Plaintiff Yet in N.Y. Stock Lawsuit
---------------------------------------------------------------
The U.S. District Court for the Eastern District of New York has
not entered an order appointing a lead plaintiff in the suit Brian
Ford vs. VOXX International Corporation, et al., according to the
company's Oct. 8, 2014, Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarter ended Aug. 31, 2014.

As described in the company's Report on Form 10-Q for the fiscal
quarter ended May 31, 2014, on July 8, 2014, a purported class
action suit, styled Brian Ford vs. VOXX International Corporation,
et al., was filed against the company and two of the company's
present executive officers in the U.S. District Court for the
Eastern District of New York. The suit alleges that defendants
violated the federal securities laws by making false or misleading
statements between May 15, 2013 and May 14, 2014 regarding the
company's earnings guidance for fiscal 2014 and the anticipated
future performance of the company's business. Plaintiff claims
that these statements artificially inflated the price of the
company's stock and that purchasers of the company's stock during
the relevant period were damaged when the stock price later
declined. Plaintiff seeks the award of unspecified amount of
damages on behalf of the alleged class, counsel fees and costs.
The company believes it has meritorious legal positions and
defenses and will continue to represent the company's interests
vigorously in this matter.  On September 8, 2014, three members of
the alleged class moved to be appointed the lead plaintiff in the
action.  To date, the Court has not entered an order appointing a
lead plaintiff.


WYNDHAM VACATION: Court Says Meeting Recordings Are Not Protected
-----------------------------------------------------------------
Surreptitious recordings of a meeting between potential class
action plaintiffs and their counsel are not protected by attorney-
client privilege, reports Kevin Lessmiller at Courthouse News
Service, citing a federal court ruling.

Jesse and Michael Pierce, sales reps at resorts owned by defendant
Wyndham Vacation Resorts Inc., hired Dickson Wright PLLC to
represent them and others in a Fair Labor Standards Act lawsuit
against the company.

On October 17, 2013, counsel from Dickson Wright conducted a
meeting with more than forty other Wyndham sales reps to see if
they would like to join the litigation.  Unbeknownst to attendees
at the time, someone in the room recorded the meeting, and that
recording is now in the possession of Wyndham attorneys, who say
they have not yet listened to it.

One recording captures a Dickson Wright attorney is head asking
"that any mole or person recording the meeting leave the room" and
later joking "that counsel will later find any such person and
'and beat you to within an inch of your life'," the ruling says.

Another attorney at the meeting also says, "This is an attorney-
client meeting; everything we say here is confidential."

But a federal judge in Knoxville, Tenn., disagreed this week,
denying a motion to compel Wyndham to produce the audio
recordings.

"The majority of the audible portions of the recording are
plaintiffs' counsel discussing their own qualifications, the
lawsuit generally, and the opt-in procedure under the FLSA," wrote
U.S. Magistrate Judge Clifford Shirley, Jr.  "The recording does
not include any questions from the attendees with regard to any of
counsel's presentation.  The only feedback from the attendees is
applause, laughter, and an occasional wisecrack.  The
conversations amongst the attendees themselves certainly cannot be
considered communications by the clients to the attorneys for the
purposes of obtaining legal advice."

Because the recordings are not protected under attorney-client
privilege, Wyndham is allowed to listen to them, the judge ruled.

The court also denied Wyndham's motion to protect the identity of
the person who recorded the meeting because retaliation is
unlikely, and the plaintiffs' counsel already has that person's
information as both parties believe he or she was an opt-in
plaintiff at the meeting.

"The court finds that plaintiffs' counsel's off-the-cuff comment
about tracking down any person acting as a mole at the meeting was
a joke, and the court has no reason to expect anything but the
most professional behavior from plaintiffs' counsel," Shirley
wrote.

The case is Jesse Pierce and Michael Pierce v. Wyndham Vacation
Resorts, Inc., and Wyndham Vacation Ownership, Inc., Case No.
3:13-CV-641-PLR-CCS, in the United States District Court for the
Eastern District of Tennessee at Knoxville.


* William Holder Joins Cornerstone Research as Senior Advisor
-------------------------------------------------------------
Cornerstone Research, a provider of economic and financial
consulting and expert testimony, on Oct. 8 disclosed that
William W. Holder, dean of the Leventhal School of Accounting at
the University of Southern California, has joined the firm as a
senior advisor.  He is also the Alan Casden Dean's Chair and
Professor of Accounting.  Professor Holder has extensive
experience as an expert witness in high-profile trials involving
questions of accounting.

"Bill Holder is one of the foremost experts on accounting issues
that arise in legal and regulatory matters," said Cornerstone
Research President and CEO Michael E. Burton.  "His expertise and
reputation in financial accounting and reporting, auditing,
governmental accounting, and cost accounting are a major addition
to the firm's outstanding network of experts."

Professor Holder has served on several governance and standard-
setting bodies for the accounting profession, including as a
member of the Governmental Accounting Standards Board (GASB), on
committees of the American Accounting Association, and on the
Board of Directors (chair of the Audit Committee) of the American
Institute of CPAs (AICPA).  At the invitation of the Congressional
Subcommittee on Capital Markets, Insurance, and Government-
Sponsored Enterprises, he provided testimony on corporate
accounting practices during the Sarbanes-Oxley Act hearings.  The
accounting profession has bestowed many honors on Professor Holder
for his service and lifetime achievements, including the AICPA's
Gold Medal Award for Distinguished Service, the organization's
highest honor for a CPA.  He has won numerous outstanding teaching
awards, including Best Professor in the University of Southern
California master's degree program.

Professor Holder is the author or coauthor of six books on
accounting, and his research has been widely published in
journals, including the Accounting Review, the Journal of
Accountancy, Financial Executive, and the CPA Journal.

"I'm pleased to continue as an expert working with Cornerstone
Research in the role of senior advisor," said Professor Holder.
"I've been impressed by Cornerstone Research's high standards,
rigorous methodology, and the level of support they provide."

                    About Cornerstone Research

Cornerstone Research -- http://www.cornerstone.com-- provides
high-quality economic and financial consulting and expert
testimony in all phases of complex litigation and regulatory
proceedings.  The firm works with an extensive network of
prominent faculty and industry practitioners to identify the best-
qualified expert for each assignment.  Staff consultants bring
specialized knowledge and experience as well as a commitment to
produce outstanding results.  Currently marking its 25th
anniversary, Cornerstone Research has more than 500 staff, and
offices in Boston, Chicago, London, Los Angeles, Menlo Park, New
York, San Francisco, and Washington.


                              *********

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,
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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.

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