CAR_Public/150209.mbx              C L A S S   A C T I O N   R E P O R T E R

             Monday, February 9, 2015, Vol. 17, No. 28


                             Headlines

9032-1076 QUEBEC: Recalls Patisserie Caramel Mini Roll Cake
A TO Z LANDSCAPE: Fails to Pay Overtime Wages, Arizona Suit Says
ARCTIC MEAT: Recalls Chorizo Products Due to Undeclared Milk
ASSET RECOVERY: Violates Fair Debt Collection Act, Suit Claims
AUSTRALIA: Forests NSW May Face Class Action Over Ground Spraying

AUTOZONE INC: Court Decertifies Class in "Taylor" Suit
BANK OF AMERICA: Pennsylvania Homeowners File RICO Class Action
BKUK 3 CORP: Sued in S.D. New York for Not Paying Overtime Wages
BURBERRY LTD: Former Intern Files Wage Class Action
BUY LOW: Recalls Happy Apples Caramel Apples Due to Listeria

CARNIVAL CORP: Removes "Finerman" Suit to Florida District Court
CCB CREDIT: Accused of Violating Fair Debt Collection Act in N.Y.
CHARMING CHARLIE: Removes "Manouchehri" Suit to S.D. California
CHEVRON USA: Removes "Harris" Suit to Oklahoma District Court
CHICAGO: Wins Dismissal of Taxicab Driver's FLSA Suit

CHRYSLER: Recalls Dakota and Ram Models
CHRYSLER: Recalls RAM Model Due to Loosen Rear Axle Pinion Nut
COMPLETE PAYMENT: 2nd Amended Consumer Privacy Case Dismissed
CONCENTRA HEALTH: Court Tosses Class Allegations in "Garcia" Suit
COSTCO WHOLESALE: Can't Replace Obligations in MDL Settlement

CREDIT PAYMENT: "Kristensen" Plaintiff Counsel Awarded $8,736
DANAHER: Insurer Must Pay $8.8MM in Legal Fees in Asbestos Suit
DART CHEROKEE: Ruling Impacts Class Certification Order Practice
DENVER INSTITUTE: Court Issues Protective Order in "Ortega" Suit
ELDORADO RESORTS: Partial Dismissal Bid of "Hardwick" Suit Okayed

ENERGY RECOVERY: Rosen Law Firm Files Securities Class Action
FAMILY DOLLAR: Recalls Tough Treadz Auto Carrier Toys
FARUQI & FARUQI: Judge Narrows Discrimination Claim
FEDEX CORP: Faces Suit Over Hidden International Shipping Fees
FORD MOTOR: Faces Class Action Over Explorer Carbon Monoxide Leaks

FUCCILLO AUTO: Class Action Attorneys Get $750,000 in Legal Fees
GENERAL MOTORS: Sued Over Alleged Defective Design of Chevy Cruze
GENERAL MOTORS: Recalls Sierra and Silverado Models
GENERAL MOTORS: Recalls 2015 Chevrolet and GMC
GIBBS SPORTS: Recalls Quadski Vehicles Due to Injury Risk

GOOGLE INC: Says FTC Settlement Requires Class Action Dismissal
INVENSENSE INC: Saxena White Files Securities Class Action
JANSSEN PHARMA: Lawyer Grills Plaintiff Witness in Risperdal Trial
LAZY ONE: Recalls Children's Pajamas Due to Burn Hazard
LEAPFROG ENTERPRISES: Procedural Notice Issued in "Newett" Suit

LEARNING CURVE: Recalls VIA I470C Model Child Restraints
MERCEDES-BENZ: Recalls E Class Model Due to Defective Seat Buckle
MERIX FINANCIAL: March 21 Settlement Opt-In Deadline Set
MIDWEST POULTRY: Grocery Stores Can Present Expert Witness
NANNYS FOR GRANNYS: Retaliation Claims in FLSA Suit Dismissed

NAVISTAR INC: HD Transpo Suit Included in MaxxForce Engines MDL
NELNET INC: Court Wants Supplemental Briefing by Feb. 20
NEW WORLD IMPORTS: Recalls Vinacafe Cafe 3 in 1 Gold Original
NOSSACK GOURMET: Recalls Chicken Sausage Rolls
ONTARIO IMPEX: Recalls Vadilal Indian Baby Pumpkin

PDC ENERGY: Ordered to Provide Lists of Putative Members
PERFORMANCE PACKAGING: Recalls PouchPop(TM) Silicon Toppers
PORSCHE: Recalls 918 Spyder Model Due to Damaged Control Arms
PORTFOLIO RECOVERY: Faces "Dykes" Suit for Violating FDCPA
PORTFOLIO RECOVERY: Faces "Isaacson" Suit for Violating FDCPA

PRESSLER AND PRESSLER: Violate FDCPA in New Jersey, Suit Claims
PRICEWATERHOUSECOOPERS LLP: Seeks Approval of "Cambell" Suit Deal
REPUBLIC STEEL: Fails to Pay Proper OT Wages, Ex- Supervisor Says
RUBY TUESDAY: Faces Sex Discrimination Suit
SCHENKER INC: April 22 Final Approval Hearing in "Starr" Case

SCHNEIDER NATIONAL: Removes "Mendis" Suit to W.D. Washington
SOURCE NETWORK: Recalls Portable Space Heaters
SUBARU: Recalls Forester, Impreza and Impreza WRX & STI Models
SUMMERLIN HOSPITAL: Judge Postpones TB Class Action Hearing
SYNGENTA CORP: "Crymes" Suit Consolidated in MIR162 Corn MDL

SYNGENTA CORP: "Falwell" Suit Consolidated in MIR162 Corn MDL
TADYCH LAW: Faces "Lesh" Class Suit Alleging Violations of FDCPA
TEMPLETON RYE: Seeks Mediation on Two Fraud Class Actions
TS STAFFING: "Roa" Overtime Suit Stays in Federal District Court
ULTIMATE FIGHTING: Ex-Champion Discusses Antitrust Class Action

UNITED STATES: Oakwood Villa Residents to Join Mold Class Action
VIACOM INC: Dismissed From Nickelodeon Consumer Privacy Litigation
WEALTH DRAGON: Recalls WD. Happy Boy Sesame Cookies
WYNDHAM VACATION: "Hudgens" FLSA Case Can't Proceed as Class Suit


                            *********


9032-1076 QUEBEC: Recalls Patisserie Caramel Mini Roll Cake
-----------------------------------------------------------
Type of communication:    Recall
Starting date:            December 23, 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:           9032-1076 Quebec Inc.
Distribution:             Quebec
Extent of the product
distribution:             Retail
CFIA reference number:    9561

Affected products: 300 g. Patisserie Les Fantaisies Caramel Mini
Roll Cake with all codes where milk is not declared on the label


A TO Z LANDSCAPE: Fails to Pay Overtime Wages, Arizona Suit Says
----------------------------------------------------------------
Hassan Parks v. Lisa Van Buskirk d/b/a A to Z Landscape; Lisa Van
Buskirk and John Doe Van Buskirk, wife and husband, Case No. 2:15-
cv-00151-JZB (D. Ariz., January 29, 2015) is brought against the
Defendants for alleged unlawful failure to pay overtime wages in
direct violation of the Fair Labor Standards Act.

Lisa Van Buskirk is a sole proprietor of A to Z Landscape.  John
Doe Van Buskirk is Lisa Van Buskirk's husband.

The Plaintiff is represented by:

          Trey Dayes, Esq.
          Sean Davis, Esq.
          PHILLIPS DAYES NATIONAL EMPLOYMENT LAW FIRM, APC
          3101 North Central Avenue, Suite 1500
          Phoenix, AZ 85012
          Telephone: (602) 288-1610
          E-mail: treyd@phillipsdayeslaw.com
                  seand@phillipsdayeslaw.com


ARCTIC MEAT: Recalls Chorizo Products Due to Undeclared Milk
------------------------------------------------------------
Starting date:            December 23, 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:           Arctic Meat & Sausage Ltd.
Distribution:             British Columbia
Extent of the product
distribution:             Retail
CFIA reference number:    9546


ASSET RECOVERY: Violates Fair Debt Collection Act, Suit Claims
--------------------------------------------------------------
Alexis Picciotto, on behalf of herself and all others similarly
situated v. Asset Recovery Solutions, LLC, and John Does 1-25,
Case No. 3:15-cv-00608-MAS-LHG (D.N.J., January 29, 2015) alleges
violations of the Fair Debt Collection Practices Act.

The Plaintiff is represented by:

          Ari Hillel Marcus, Esq.
          MARCUS LAW LLC
          1500 Allaire Avenue, Suite 101
          Ocean, NJ 07712
          Telephone: (732) 660-8169
          E-mail: ari@marcuslawyer.com


AUSTRALIA: Forests NSW May Face Class Action Over Ground Spraying
-----------------------------------------------------------------
Belinda Scott, writing for The Coffs Coast Advocate, reports that
Bellingen's Green Action Group is threatening Forests NSW with a
class action if the State Government body aerial sprays herbicide
over 175ha of logged eucalypt plantation land in the Gladstone
State Forest between Bowraville and Bellingen.

They want the helicopter spraying replaced with ground spraying.
The spraying was to begin on Jan. 21.

The blackbutt timber has been logged and the spraying is designed
to remove weeds before replanting with seedlings.  Bellingen Green
Action Group's Susan Weil said any drift from the aerial spraying
could cost the organic certification for her farm, about 2km from
the spray zone.

Another certified organic farm was inside the 150m buffer zone for
the spraying.  Ms Weil said the group was setting up a bee
sanctuary in the area for native bees and honey bees and aerial
spraying would be anathema.  She said the area to be sprayed
included one side of Spicketts Creek and both sides of the Kalang
River with setbacks of only 25m from river and streams and 15m
from drainage lines.

A protest meeting was organized for 2:00 p.m. on Jan. 20 at
Bellingen Memorial Hall.

"We are asking them to halt it (the spray program) and sit down
and work out a better solution," Ms. Weil said.

"Ground spraying can be more targeted and safer."

The group is looking for people to join the campaign and has set
up a Facebook page -- STOP Forestry Corporation of NSW from aerial
spraying.


AUTOZONE INC: Court Decertifies Class in "Taylor" Suit
------------------------------------------------------
Senior District Judge Frederick J. Martone issued a ruling on
January 21, 2015, in the case Michael L. Taylor et al, Plaintiffs,
v. AutoZone Inc. et al, Defendants, NO. CV 10-8125-PHX-FJM, (D.
Ariz.).

"Given the circumstances of this case, including the inability or
unwillingness of named plaintiffs and plaintiffs' counsel to go
forward on behalf of the opt-ins, the reasonableness of the award
to the named plaintiffs, the absence of attorneys fees per se to
plaintiffs' counsel, the protection of the opt-in plaintiffs'
claims, should they choose to pursue them, by the dismissal
without prejudice and the tolling agreement, and other factors of
record, we conclude that the proposed disposition, while not
optimal, is not unreasonable and not unfair," Judge Martone wrote
in his order, a copy of which is available at http://is.gd/APctBf
from Leagle.com.

Accordingly, Judge Martone continued, pursuant to the parties'
Stipulations, it is ordered:

1. Decertifying this as a representative action under
Section216(b);

2. Dismissing this action with prejudice as to the named
plaintiffs (Taylor, Khan, Glover-Hale and Montoya), each party to
bear its own fees and costs; and,

3. Dismissing this action without prejudice as to all of the opt-
in plaintiffs (whose consents have been filed), each party to bear
its own fees and costs.

4. Pursuant to LR Civ 40.2(c), the named plaintiffs and the
defendants will pay, in equal shares, to the clerk of court one
day's jury fees for their failure to give notice of their
settlement five days before the first day of trial.

The Court directed the clerk to enter final judgment concluding
this action pursuant to this order.

AutoZone Incorporated, a Tennessee corporation authorized to do
business in Arizona, Defendant, represented by Cory G Walker --
cgwalker@littler.com -- Littler Mendelson PC, Robert Shawn Oller
-- soller@littler.com -- Littler Mendelson & Andrew J Voss --
avoss@littler.com -- Littler Mendelson PC.

AutoZoners LLC, a Nevada Limited Liability Company, Defendant,
represented by Cory G Walker, Littler Mendelson PC & Robert Shawn
Oller, Littler Mendelson.

AutoZone Incorporated, a Nevada Corporation, Defendant,
represented by Cory G Walker, Littler Mendelson PC & Robert Shawn
Oller, Littler Mendelson.


BANK OF AMERICA: Pennsylvania Homeowners File RICO Class Action
---------------------------------------------------------------
Jim Boyle, writing for Legal Newsline, reports that two Western
Pennsylvania men are among the plaintiffs in a class action suit
that accuses one of the top banking companies in the world of
establishing an illegal racketeering scheme that allowed it to
make millions in kickbacks while taking minimum risk as an
investor in mortgage insurance companies.

According to the complaint filed at the U.S. District Court for
the Western District of Pennsylvania, Bank of America has pocketed
more than $280 million by sharing mortgage insurance premiums
between 2004 and 2011, while being liable for only approximately
$39 million in claims.  The claim says that money was primarily
funded through mortgage insurance premiums paid by borrowers such
as William Weiss and Robert Lessman of Greensburg.

The defendants, including Bank of America and its subsidiaries,
are accused in the class action of conducting a pattern of wire
fraud and racketeering activity under RICO statutes.  The action
seeks a declaratory judgment ruling the actions unlawful and full
restitution of mortgage insurance premiums to members of the
class.

Typically, when a mortgage-seeker cannot cover a 20 percent down-
payment for the purchase of a home, the lender will require a
mortgage insurance premium to protect its investment, the
complaint says.

Messrs. Weiss and Lessman entered into such an agreement when they
purchased their Greensburg home in 2006, adding an additional $25
to their monthly payment.

According to the complaint, Bank of America has followed the
practice used by many financial institutions and created a
reinsurance subsidiary to enter into contracts with third party
mortgage insurance providers.

In exchange for a steady stream of business, the mortgage
insurance providers agree to share a percentage of the premiums,
the complaint says.

The complaint argues not only that the agreements offer little
opportunity for the borrowers to shop around for cheaper insurance
premiums, but also the premium payments contribute to an illegal
kickback scheme that unjustly enriches Bank of America.

The class action further states that Bank of America has protected
itself from incurring heavy losses from defaults by entering into
an excess-of-loss agreement with the insurance company.  Under the
agreement, the bank is only liable for claims over a certain
percent, with a ceiling that prevents any large financial hits,
the complaint says.

"Under this structure, then, the reinsurer's liability begins, if
ever, only when the private mortgage insurer's incurred losses
reach the attachment point and ends when such losses reach the
detachment point," the claim says.

"The absence of any likelihood that the reinsurer will experience
real losses reveals the reinsurance agreement between the
reinsurer and primary private mortgage insurer to be a sham."

The claim says that the payment of these kickbacks to lenders have
forced the mortgage insurance providers to inflate the premiums
and pass the costs to the homeowners.

The plaintiffs argue that they have been subjected to violations
of the Real Estate Settlement Procedures Act of 1974 and seek
statutory damages pursuant to the Racketeer Influenced and Corrupt
Organizations Act.

Members of the class have been defined as persons who obtained a
residential mortgage loan from Bank of America between Jan. 1,
2004 and the present and purchased mortgage insurance from a party
who also held a captive reinsurance contract with Bank of America.

The action has been entered into Pennsylvania federal court by
attorneys from Stephen J. O'Brien & Associates and Kessler, Topaz,
Meltzer & Check, LLP.

The federal case ID is 2:15-cv-00062-CB.


BKUK 3 CORP: Sued in S.D. New York for Not Paying Overtime Wages
----------------------------------------------------------------
Denisa Leka, Individually, and Denisa Leka, in behalf of all other
persons similarly situated v. BKUK 3 Corporation d/b/a La
Carbonara; BKUK 4 Corporation d/b/a Gallo Nero; and Besim Kukaj,
jointly and serverally, Case No. 1:15-cv-00632-WHP (S.D.N.Y.,
January 28, 2015) is brought pursuant to the Fair Labor Standards
Act arising from alleged denial of overtime compensation.

The Plaintiffs are represented by:

          Brandon David Sherr, Esq.
          John Gurrieri, Esq.
          Justin Alexander Zeller, Esq.
          LAW OFFICE OF JUSTIN A. ZELLER, P.C.
          277 Broadway, Suite 408
          New York, NY 10007
          Telephone: (212) 229-2249
          Facsimile: (212) 229-2246
          E-mail: bsherr@zellerlegal.com
                  jmgurrieri@zellerlegal.com
                  Jazeller@zellerlegal.com


BURBERRY LTD: Former Intern Files Wage Class Action
---------------------------------------------------
Kat Greene, Aebra Coe, Kurt Orzeck, Ben James, Erin Coe, Michael
Lipkin, Daniel Siegal and Tess Hoffman, writing for Law360, report
that Burberry Ltd. is the latest luxury goods peddler to be hit
with a class action over wages, with a lawsuit filed in New York
on Jan. 16 by a former intern who accuses the company of cheating
interns out of pay for work that doesn't provide any academic
benefit.

Burberry joins a long list of big-name retailers and other
companies who stand accused of taking on interns, having them do
work that doesn't further their skill and refusing to pay them.
It's at least the sixth suit in four months filed by New York
interns.

In the Jan. 16 suit, lead plaintiff Lysandra Whitlow says that
while she was an intern at Burberry in the summer of 2012 she
worked 32 hours a week and was given administrative tasks such as
washing dishes and serving pastries at meetings.  She says she
wasn't paid for her efforts.

"Beginning in December 2008 and continuing through the present,
defendant has maintained a policy and practice of failing to
provide compensation at the statutory minimum wage rate for all
hours worked to named plaintiff and members of the putative
class," her complaint says.

The work she did benefited Burberry, and were it not for her and
other interns, the company would have had to hire and pay someone
to do the tasks she took on, Ms. Whitlow alleges.

But it wasn't educational, and it wasn't training her in a
specific skill, two markers that separate an intern from illegal
free labor, according to the suit.

Ms. Whitlow says her work days were spent arranging chairs for
client meetings, organizing samples, taking inventory and other
administrative tasks.

The accusations mirror those of other interns who have lined up in
New York court, backed by attorneys at Leeds Brown Law PC and
Virginia & Ambinder LLP, all of whom accuse various companies of
not paying them for work that doesn't qualify as education or
training.

Sports marketing giant IMG Worldwide LLC was accused on Dec. 18 of
paying interns a one-time $400 stipend for two months' work.
Kenneth Cole Productions Inc. was hit with an unpaid intern class
action on Dec. 2, following suits filed against Gucci America Inc.
in November, Calvin Klein Inc. in late October, Marc Jacobs
International LLC in mid-October, Oscar de la Renta LLC in
September and Coach Inc. in July, all launched in New York Supreme
Court by Leeds Brown and Virginia & Ambinder.

In November those firms announced a $795,000 settlement in New
York federal court in an unpaid intern class action against
Madison Square Garden Co.

Conde Nast Publications agreed the same month to pay $5.85 million
to resolve a putative class action brought by two former interns
at the New Yorker and W magazine who claimed they were unlawfully
denied minimum wage.

And NBCUniversal Inc. shelled out $6.4 million to resolve a
putative class and collective action filed by former unpaid
interns at MSNBC and "Saturday Night Live" who claimed they should
have been compensated, according to documents filed in New York
federal court in mid-October.

Ms. Whitlow and the putative class are represented by Lloyd R.
Ambinder and Kara S. Miller of Virginia & Ambinder LLP and Brett
R. Cohen, Michael A. Tompkins and Jeffrey K. Brown of Leeds Brown
Law PC.

The case is Lysandra Whitlow v. Burberry Ltd. et al., case number
150529/2015, in the Supreme Court of the State of New York, County
of New York.


BUY LOW: Recalls Happy Apples Caramel Apples Due to Listeria
------------------------------------------------------------
Starting date:            December 24, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning
Subcategory:              Microbiological - Listeria
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Buy Low Foods Ltd., Overwaitea Food
                          Group, The Lid Company, Star Produce
                          Ltd.
Distribution:             National
Extent of the product
distribution:             Retail
CFIA reference number:    9563

Industry is recalling Happy Apples brand Caramel Apples from the
marketplace due to possible Listeria monocytogenes contamination.
Consumers should not consume the recalled products.

The products, made in the United States (US), are known to have
been sold in British Columbia, Alberta, Manitoba and Saskatchewan
and may have also been distributed in other provinces and
territories.  These products may also have been purchased in the
US.

Check to see if you have recalled products in your home.  If
found, secure the caramel apple in a plastic bag and throw it out.
Do not consume.

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

PHAC is monitoring the US outbreak investigation.

The recall was triggered by a recall initiated by the US
manufacturer which may be related to a foodborne illness outbreak.
The Canadian Food Inspection Agency (CFIA) is working with its
federal partners, the Public Health Agency of Canada (PHAC) and
Health Canada, and the United States Food and Drug Administration,
and is conducting a food safety investigation, which may lead to
the recall of other products.  If other high-risk products are
recalled, the CFIA will notify the public through updated Food
Recall Warnings.

The CFIA is verifying that industry has removed recalled product
from the marketplace.


CARNIVAL CORP: Removes "Finerman" Suit to Florida District Court
----------------------------------------------------------------
The class action lawsuit captioned Finerman v. Carnival
Corporation, Case No. 14-CA-031461, was removed from the Circuit
Court of the Eleventh Judicial Circuit in and for Miami-Dade
County to the U.S. District Court for the Southern District of
Florida (Miami).  The District Court Clerk assigned Case No. 1:15-
cv-20311-JAL to the proceeding.

The case is a putative class action brought on behalf of "[a]ll
persons throughout the United States who from 2010 to date were
members of the Marriot Vacation Club and who booked a cruise on
vessels operated by Carnival Corporation."  The Plaintiff alleges
that Carnival improperly charged him certain "Government Fees" and
"Port Fees," which the Plaintiff alleges were either "fictitious"
or "inflated" beyond the amount of the actual fees charged by the
relevant government entities and port authorities, and that
Carnival retained these fees for economic gain.

The Plaintiff is represented by:

          John Allen Yanchunis, Sr., Esq.
          MORGAN & MORGAN, COMPLEX LITIGATION GROUP
          201 N. Franklin Street, 7th Floor
          Tampa, FL 33602
          Telephone: (813) 223-5505
          Facsimile: (813) 223-5402
          E-mail: jyanchunis@forthepeople.com

               - and -

          Tamra Carsten Givens, Esq.
          BURR & SMITH LLP
          111 2nd Avenue N.E., Suite 1100
          St. Petersburg, FL 33701
          Telephone: (813) 253-2010
          Facsimile: (727) 823-2126
          E-mail: tgivens@burrandsmithlaw.com

The Defendant is represented by:

          Travis Robert-Ritter, Esq.
          SHOOK, HARDY & BACON LLP
          201 S. Biscayne Blvd.
          Miami, FL 33131
          Telephone: (305) 755-8973
          E-mail: tritter@shb.com

               - and -

          Stuart Harold Singer, Esq.
          BOIES SCHILLER & FLEXNER
          401 E Las Olas Boulevard, Suite 1200
          Fort Lauderdale, FL 33301
          Telephone: (954) 356-0011
          Facsimile: (954) 356-0022
          E-mail: ssinger@bsfllp.com


CCB CREDIT: Accused of Violating Fair Debt Collection Act in N.Y.
-----------------------------------------------------------------
Joseph Schwartz, on behalf of himself and all other similarly
situated consumers v. CCB Credit Services, Inc., Case No. 1:15-cv-
00438 (E.D.N.Y., January 28, 2015) accuses the Defendant of
violating the Fair Debt Collection Practices Act.

The Plaintiff is represented by:

          Adam Jon Fishbein, Esq.
          ADAM J. FISHBEIN, ATTORNEY AT LAW
          483 Chestnut Street
          Cedarhurst, NY 11516
          Telephone: (516) 791-4400
          Facsimile: (516) 791-4411
          E-mail: fishbeinadamj@gmail.com


CHARMING CHARLIE: Removes "Manouchehri" Suit to S.D. California
---------------------------------------------------------------
The class action lawsuit entitled Manouchehri v. Charming Charlie,
LLC, et al., Case No. 37-2014-00042647-CU-NP-CTL, was removed from
the Superior Court of the State of California for the County of
San Diego to the U.S. District Court for the Southern District of
California (San Diego).  The District Court Clerk assigned Case
No. 3:15-cv-00192-GPC-KSC to the proceeding.

The Plaintiff is represented by:

          Gene J. Stonebarger, Esq.
          STONEBARGER LAW, APC
          75 Iron Point Circle, Suite 145
          Folsom, CA 95630
          Telephone: (916) 235-7140
          Facsimile: (916) 235-7141
          E-mail: gstonebarger@stonebargerlaw.com

The Defendants are represented by:

          Michelle C. Doolin, Esq.
          COOLEY LLP
          4401 Eastgate Mall
          San Diego, CA 92121-1909
          Telephone: (858) 550-6000
          Facsimile: (858) 550-6420
          E-mail: mdoolin@cooley.com


CHEVRON USA: Removes "Harris" Suit to Oklahoma District Court
-------------------------------------------------------------
The class action lawsuit styled Harris v. Chevron USA Inc., et
al., Case No. CJ-2014-269, was removed from the District Court of
Grady County to the U.S. District Court for the Western District
of Oklahoma (Oklahoma City).  The District Court Clerk assigned
Case No. 5:15-cv-00094-D to the proceeding.

Plaintiff Mary Katherine Harris alleges that the Defendants have
underpaid or failed to pay royalties on production from Oklahoma
oil and gas wells by underreporting production and taking
inappropriate deductions from the proceeds of such production
before calculating royalty.  She also alleges that the Defendants
have failed to pay royalty within the time required by the
Oklahoma Production Revenue Standards Act.

The Plaintiff is represented by:

          Alan W. Agee, Esq.
          GARVING, AGEE, CARLTON, & MASHBURN, P.C.
          P.O. Box 10
          Pauls Valley, OK 73075-0010
          Telephone: (405) 238-5559
          Facsimile: (405) 238-5666
          E-mail: alan.agee@gacmlaw.com

Defendants Chevron U.S.A. Inc., Chevron Midcontinent, L.P., Union
Oil Company of California, McFarland Energy, Inc., and Four Star
Oil and Gas Company are represented by:

          Mark D. Christiansen, Esq.
          MCAFEE & TAFT, A PROFESSIONAL CORPORATION
          10th Floor, Two Leadership Square
          211 North Robinson Ave.
          Oklahoma City, OK 73102-7103
          Telephone: (405) 552-2235
          Facsimile: (405) 228-7435
          E-mail: mark.christiansen@mcafeetaft.com


CHICAGO: Wins Dismissal of Taxicab Driver's FLSA Suit
-----------------------------------------------------
Melissa Callahan is a taxicab driver in Chicago.  She obtained her
license to drive a taxicab in 2007, and drove full time between
January 2009 and August 2011.  Callahan asserts that, during that
period, she was unable to earn the minimum wage as defined by the
Fair Labor Standards Act ($7.25 per hour) or by the Illinois
Minimum Wage Law ($8.25 per hour).  In 2012, Callahan sued the
City of Chicago, claiming: (1) that the City was her employer
under these statutes; and (2) that it violated those laws by
failing to pay her the required minimum wages.  The City moves for
summary judgment on Counts IV and V of Callahan's amended
complaint.  Callahan cross-moves for summary judgment on the same
counts.

In a memorandum opinion and order dated Jan. 23, 2015, Judge
Manish S. Shah of the United States District Court for the
Northern District of Illinois, Eastern Division, granted the
City's motion and denied Callahan's motion.

In support of the decision, Judge Shah stated: "The City of
Chicago closely regulates the taxicab industry.  It licenses both
the owners and drivers of cabs, sets maximum rates charged to
consumers, and sets standards for drivers' conduct and appearance,
among other things.  The City also benefits from taxis working
within its borders.  The City requires much from those who would
operate taxicabs, but the City has not gone so far as to employ
the individual lessees who drive them -- the City regulates, but
it does not provide the business to which cabdrivers render
service.  As a result, the City was not Callahan's employer under
the FLSA or IMWL, and is not liable to her for any wages.

"To prevail on a minimum-wage claim under the FLSA or IMWL, a
plaintiff must prove not only that the defendant was her employer,
but that she was not in fact paid the minimum wage.  On this
latter front, Callahan has not produced admissible evidence from
which a jury could reasonably infer much, if anything, about her
hourly income and whether it fell below the applicable minimum.
Her own calculations are premised on inadmissible evidence and
speculation.  Consequently, Callahan cannot defeat the City's
motion for summary judgment."

The case is MELISSA CALLAHAN, on behalf of herself and all others
similarly situated, Plaintiff, v. CITY OF CHICAGO, a municipal
corporation, Defendant, NO. 12 CV 362 (N.D. Ill.).  A full-text
copy of Judge Shah's Decision is available at http://is.gd/7gHpVb
from Leagle.com.

Melissa Callahan, Licensed Public Chauffer, Plaintiff, represented
by Carol Tran Nguyen, Esq. -- cnguyen@dsgchicago.com -- Despres
Schwartz & Geoghegan, Michael Paul Persoon, Esq. --
mpersoon@dsgchicago.com -- Despres Schwartz & Geoghegan, Sean
Morales Doyle, Esq. -- smoralesdoyle@dsgchicago.com -- Despres,
Schwartz & Geoghegan, Ltd. & Thomas Howard Geoghegan, Esq. --
tgeoghegan@dsgchicago.com -- Despres Schwartz & Geoghegan.

City Of Chicago, Committee on License & Consumer Protection,
Defendant, represented by Andrew S. Mine, City of Chicago, Law
Department, Melanie Patrick Neely, City of Chicago, Law
Department, Neil Hunter Dishman, Esq. -- dishmann@jacksonlewis.com
-- Jackson Lewis P.C., Alison Blair Crane, Esq. --
Alison.Crane@jacksonlewis.com -- Jackson Lewis P.C., Annmarie Dow,
David Arthur Graver, Jeffrey H. Bunn, Latimer LeVay Fyock & Paul
DeCamp, Esq. -- DeCampP@jacksonlewis.com -- Jackson Lewis LLP.

American United Taxi Affiliation, Respondent, represented by
Michael Murphy Tannen, Tannen Law Group, P.C..

Wolley Cab Association, Inc., Respondent, represented by Michael
Murphy Tannen, Tannen Law Group, P.C..


CHRYSLER: Recalls Dakota and Ram Models
---------------------------------------
Starting date:            December 19, 2014
Type of communication:    Recall
Subcategory:              Light Truck & Van
Notification type:        Safety Mfr
System:                   Powertrain
Units affected:           6700
Source of recall:         Transport Canada
Identification number:    2014583
TC ID number:             2014583
Manufacturer recall
number:                   P80

On certain vehicles equipped with manual transmissions, a defect
in the clutch interlock switch could allow the starter to engage
without depressing the clutch pedal.  If recommended starting
procedures are not followed, this could cause unintended vehicle
movement, which could result in injury and/or damage to property.

Correction: Dealers will replace the clutch interlock switch.

Affected products: 2006 Ram and Dakota Dodge


CHRYSLER: Recalls RAM Model Due to Loosen Rear Axle Pinion Nut
--------------------------------------------------------------
Starting date:            December 19, 2014
Type of communication:    Recall
Subcategory:              Light Truck & Van
Notification type:        Safety Mfr
System:                   Powertrain
Units affected:           21779
Source of recall:         Transport Canada
Identification number:    2014582
TC ID number:             2014582
Manufacturer recall
number:                   P77

On certain vehicles, the rear axle pinion nut could loosen and
allow the rear driveshaft to detach from the axle, or fully detach
from the vehicle.  Pinion nut separation could also cause the rear
axle differential to fail suddenly, causing rear wheel lockup.
These issues could result in loss of propulsion, danger to other
road users, loss of vehicle control and possible crash causing
property damage and/or personal injury.

Dealers will install a pinion nut retainer.

Affected products: 2005 Dodge Ram


COMPLETE PAYMENT: 2nd Amended Consumer Privacy Case Dismissed
-------------------------------------------------------------
For reasons set forth in an Opinion dated July 2, 2014, the Court
dismissed with prejudice a number of Plaintiffs' claims in IN RE
NICKELODEON CONSUMER PRIVACY LITIGATION, CIVIL ACTION NOS. 12-
07829, 13-03729, 13-03757, 13-03755, 13-03731, 13-03756, (D.
N.J.).  The Court also granted Plaintiffs leave to amend certain
of its other theories of relief. Specifically, the Court dismissed
without prejudice Plaintiffs' Video Privacy Protection Act (VPPA)
claim against Viacom, and their intrusion upon seclusion and New
Jersey Computer Related Offenses (CROA) claims against Defendants
Viacom Inc. and Google Inc.  The matter is now before the Court
upon the motion by the Defendants to dismiss the Second
Consolidated Class Action Complaint (SAC) filed by Plaintiffs.
The issue is whether Plaintiffs have cured the deficiencies in
those counts.

In opinions entered January 20, 2015, copies of which is available
at http://is.gd/3jlPsq and http://is.gd/jny5BWfrom Leagle.com,
District Judge Stanley R. Chesler found that Plaintiffs have not
cured the enumerated defects. Accordingly, the Court granted the
Defendants' motions to dismiss the SAC with prejudice.

NJ, Plaintiff, represented by EDWARD D. ROBERTSON, III, COUNSEL
NOT ADMITTED TO USDC, JAMES P. FRICKLETON, COUNSEL NOT ADMITTED TO
USDC, MARY D. WINTER, COUNSEL NOT ADMITTED TO USDC & Andrew
Lyskowski, Bergmanis Law Firm, LLC.

CAF AND CTF, Plaintiff, represented by BARRY R. EICHEN --
beichen@eichenlevinson.com -- Eichen Crutchlow Zaslow & McElroy,
LLP & MARY D. WINTER, COUNSEL NOT ADMITTED TO USDC.
MP, Plaintiff, represented by BARRY R. EICHEN, Eichen Crutchlow
Zaslow & McElroy, LLP & MARY D. WINTER, COUNSEL NOT ADMITTED TO
USDC-NJ BAR.

TP, Plaintiff, represented by BARRY R. EICHEN, Eichen Crutchlow
Zaslow & McElroy, LLP & MARY D. WINTER, COUNSEL NOT ADMITTED TO
USDC-NJ BAR.

AV, Plaintiff, represented by BARRY R. EICHEN, Eichen Crutchlow
Zaslow & McElroy, LLP & MARY D. WINTER, COUNSEL NOT ADMITTED TO
USDC-NJ BAR.

K.T., Plaintiff, represented by Douglas A. Campbell --
dac@camlev.com -- Campbell & Levine, FREDERICK DONALD RAPONE,
COUNSEL NOT ADMITTED TO USDC & BARRY R. EICHEN, Eichen Crutchlow
Zaslow & McElroy, LLP.

NJ, Plaintiff, represented by Andrew Lyskowski --
alyskowski@ozarklawcenter.com -- Bergmanis Law Firm, LLC, EDWARD
D. ROBERTSON, III, COUNSEL NOT ADMITTED TO USDC, JAMES P.
FRICKLETON, COUNSEL NOT ADMITTED TO USDC, MARY D. WINTER, COUNSEL
NOT ADMITTED TO USDC & BARRY R. EICHEN, Eichen Crutchlow Zaslow &
McElroy, LLP.

STEPHANIE FRYAR, Plaintiff, represented by Adam Q Voyles --
adam@lubelvoyles.com -- MDL & BARRY R. EICHEN, Eichen Crutchlow
Zaslow & McElroy, LLP.

T.M., Plaintiff, represented by KEVIN P. GREEN, COUNSEL NOT
ADMITTED TO USDC, MARK C. GOLDENBERG -- mark@ghalaw.com --
GOLDENBERG HELLER ANTOGNOLI & ROWLAND PC, THOMAS P. ROSENFELD,
COUNSEL NOT ADMITTED TO USDC & BARRY R. EICHEN, Eichen Crutchlow
Zaslow & McElroy, LLP.

VIACOM, INC., Defendant, represented by BRUCE P. KELLER --
bpkeller@debevoise.com -- DEBEVOISE & PLIMPTON, SETH J. LAPIDOW --
Lapidow@BlankRome.com -- BLANK ROME, LLP, STEPHEN M. ORLOFSKY --
Orlofsky@BlankRome.com -- BLANK, ROME, LLP & RACHEL JANE GALLAGHER
-- rgallagher@blankrome.com -- BLANK ROME LLP.

GOOGLE, INC., Defendant, represented by JEFFREY J. GREENBAUM --
jgreenbaum@sillscummis.com -- SILLS CUMMIS & GROSS P.C., TONIA O.
KLAUSNER -- tklausner@wsgr.com -- WILSON SONSINI GOODRICH & ROSATI
& JOSHUA N. HOWLEY -- jhowley@sillscummis.com -- SILLS CUMMIS &
GROSS P.C..


CONCENTRA HEALTH: Court Tosses Class Allegations in "Garcia" Suit
-----------------------------------------------------------------
District Judge Percy Anderson for the Central District of
California struck the class allegations in the case, Jenny U.
Garcia v. Concentra Health Services, Inc., et al., (C.D. Cal.).

Plaintiff filed this putative class action on behalf of herself
and a class of similarly situated individuals. The Complaint,
which asserts claims under state law, was filed on February 5,
2014 in the Los Angeles Superior Court.  Concentra Health filed a
Notice of Removal on March 28, 2014, alleging that jurisdiction
was based on the Class Action Fairness Act, 28 U.S.C. Section
1332(d)(2), and diversity pursuant to 28 U.S.C. Section 1332(a).

Because the Notice of Removal alleged Plaintiff's residence rather
than citizenship, the Court remanded the action for failing to
adequately allege a basis for the Court's jurisdiction. After
conducting discovery concerning Plaintiff's citizenship, Defendant
filed a second Notice of Removal on August 28, 2014. Assuming that
Local Rule 23-3's 90-day requirement began running on August 28,
2014, the motion for class certification should have been filed no
later than November 26, 2014. Plaintiff did not file a motion for
class certification by that date.

The Court directed Garcia to show cause why the class allegations
should not be stricken from the Complaint for failure to timely
file a motion for class certification in compliance with Local
Rule 23-3.

In her Response to the Court's order to show cause, Plaintiff
contends good cause exists to vacate the 90-day deadline because
of the complexity of the case and the amount of discovery needed
to establish the class certification requirements of Federal Rule
23. Plaintiff also argues Local Rule 23-3 is inconsistent with
Federal Rule 23, as amended, and is obsolete.

The Plaintiff, however, failed to persuade the Court.

A copy of the Court's January 22, 2015 decision is available at
http://is.gd/8CICDmfrom Leagle.com.

Jenny U. Garcia, Plaintiff, represented by:

     James Alexander De Sario, Esq.
     Michael Nourmand, Esq.
     THE NOURMAND LAW FIRM APC
     8822 W Olympic Blvd
     Beverly Hills, CA 90211
     Tel: 310-553-3600
     Fax: 310-553-3603
     E-mail: jdesario@nourmandlawfirm.com

Concentra Health Services, Inc., Defendant, represented by:

     Beth A Gunn, Esq.
     Jennifer Lindsay Katz, Esq.
     OGLETREE DEAKINS NASH SMOAK & STEWART
     400 South Hope Street Suite 1200
     Los Angeles, CA 90071
     Tel: 213-438-1288
     Fax: 213-239-9045
     E-mail: beth.gunn@ogletreedeakins.com
             jennifer.lindsay@ogletreedeakins.com


COSTCO WHOLESALE: Can't Replace Obligations in MDL Settlement
-------------------------------------------------------------
In the case styled IN RE: MOTOR FUEL TEMPERATURE SALES PRACTICES
LITIGATION, MDL NO. 1840, CASE NO. 07-1840-KHV (D. Kan.), one of
the defendants, Costco Wholesale Corporation made an oral motion
for leave to adopt a more beneficial terms of agreements reflected
in a stipulation of dismissal and to have the claims against it
dismissed with prejudice.

U.S. District Judge Kathryn H. Vratil, in a memorandum and order
dated Jan. 23, 2015, overruled Costco's oral motion, holding that
the class counsel and class representatives did not enter into an
"agreement" with respect to automatic temperature compensation
(ATC) implementation.  On the record, the Court therefore found
that under the amended settlement agreement, Costco may not
replace its obligations with terms contained in the Stipulation Of
Dismissal.

A full-text copy of Judge Vratil's Decision is available at
http://is.gd/kJubM6from Leagle.com.

In Re Motor Fuel Temperature Sales Practices Litigation,
Plaintiff, represented by George A. Zelcs, Esq. --
gzelcs@koreintillery.com -- Korein Tillery, LLC, Joseph A.
Kronawitter, Esq. -- jkronawitter@hab-law.com -- Horn, Aylward &
Bandy LLC & Thomas V. Bender, Esq. -- tbender@wbsvlaw.com --
Walters Bender Strohbehn & Vaughan, PC.

Zachary Wilson, Plaintiff, represented by Garrett M. Hodes, Esq. -
- ghodes@wbsvlaw.com -- Walters Bender Strohbehn & Vaughan, PC,
George A. Zelcs, Korein Tillery, LLC, J. Brett Milbourn, Esq. --
bmilbourn@wbsvlaw.com -- Walters Bender Strohbehn & Vaughan,
PC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Kip D.
Richards, Esq. -- krichards@wbsvlaw.com -- Walters Bender
Strohbehn & Vaughan, PC, Nina Fields Britt, Esq. --
nfields@rpwb.com -- Richardson, Patrick, Westbrook & Brickman,
LLC, Richard M. Acosta, Esq. -- racosta@hab-law.com -- Horn,
Aylward & Bandy LLC, Robert A. Horn, Esq. -- rhorn@hab-law.com --
Horn, Aylward & Bandy LLC, Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC & Ureka E. Idstrom.

American Fiber & Cabling, LLC, Plaintiff, represented by George A.
Zelcs, Korein Tillery, LLC.

Mathew Cook, Plaintiff, represented by George A. Barton, Law
Offices of George A. Barton, PC, George A. Zelcs, Korein Tillery,
LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Nina Hunter
Fields, Richardson, Patrick, Westbrook & Brickman, LLC, Phyllis A.
Norman, The Norman Law Firm & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Brent Donaldson, Plaintiff, represented by George A. Barton, Law
Offices of George A. Barton, PC, George A. Zelcs, Korein Tillery,
LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Phyllis A.
Norman, The Norman Law Firm & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Samantha Baylard, Plaintiff, represented by George A. Barton, Law
Offices of George A. Barton, PC, George A. Zelcs, Korein Tillery,
LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Phyllis A.
Norman, The Norman Law Firm & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Ditzfeld Transfer, Inc., Plaintiff, represented by George A.
Zelcs, Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward &
Bandy LLC, Kari A. Schulte, Esq. -- kschulte@cvdl.net -- Cook,
Vetter, Doerhoff & Landwehr PC, Robert W. Russell, Kempton and
Russell, Spencer W. Eisenmenger, Kempton and Russell, Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC & Timothy W. Van
Ronzelen, Esq. -- tvanronzelen@cvdl.net -- Cook, Vetter, Doerhoff
& Landwehr PC.

Victor VanDyne, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Kari A. Schulte, Cook, Vetter, Doerhoff & Landwehr PC, Matthew A.
Clement, Esq. -- mclement@cvdl.net -- Cook, Vetter, Doerhoff &
Landwehr PC, Robert W. Russell, Esq. -- Kempton and Russell,
Spencer W. Eisenmenger, Kempton and Russell, Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC & Timothy W. Van Ronzelen,
Cook, Vetter, Doerhoff & Landwehr PC.

Carl Davis, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Kari A. Schulte, Cook, Vetter, Doerhoff & Landwehr PC, Matthew A.
Clement, Cook, Vetter, Doerhoff & Landwehr PC, Robert W. Russell,
Kempton and Russell, Spencer W. Eisenmenger, Kempton and Russell,
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC & Timothy
W. Van Ronzelen, Cook, Vetter, Doerhoff & Landwehr PC.

Robert Rollings, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Kari A. Schulte, Cook, Vetter, Doerhoff & Landwehr PC, Matthew A.
Clement, Cook, Vetter, Doerhoff & Landwehr PC, Robert W. Russell,
Kempton and Russell, Spencer W. Eisenmenger, Kempton and Russell,
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC & Timothy
W. Van Ronzelen, Cook, Vetter, Doerhoff & Landwehr PC.

Craig Massey, Plaintiff, represented by Eric A. Davis, Niemeyer,
Alexander & Phillips, P.C., George A. Zelcs, Korein Tillery, LLC,
John C. Niemeyer, Niemeyer, Alexander & Phillips, P.C., Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Linda G. Alexander,
Niemeyer, Alexander & Phillips, P.C. & Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC.

Bobby Roberson, Plaintiff, represented by Eric A. Davis, Niemeyer,
Alexander & Phillips, P.C., George A. Zelcs, Korein Tillery, LLC,
John C. Niemeyer, Niemeyer, Alexander & Phillips, P.C., Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Linda G. Alexander,
Niemeyer, Alexander & Phillips, P.C. & Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC.

Mark Rushing, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, Daniel J. Shih, Susman Godfrey, LLP, David C.
Frederick, Esq. -- dfrederick@khhte.com -- Kellogg, Huber, Hansen,
Todd, Evans & Figel, PLLC, George A. Zelcs, Korein Tillery, LLC,
Gregory A. Lofstead, Richardson, Patrick, Westbrook & Brickman,
LLC --Charleston, Guy D. Calladine, Esq. -- gcalladine@ccplaw.com
-- Carlson, Calladine & Peterson, LLP, J. David Butler,
Richardson, Patrick, Westbrook & Brickman, LLC, James C. Bradley,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, John
A. Libra, Esq. -- jlibra@koreintillery.com -- Korein Tillery, LLC,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Lindsey N.
Godfrey, Esq. -- Susman Godfrey, LLP -- Susman Godfrey, LLP, Marc
M. Seltzer, Esq. -- mseltzer@susmangodfrey.com -- Susman Godfrey,
LLP, Michael J. Brickman, Richardson, Patrick, Westbrook &
Brickman, LLC, Nina Hunter Fields, Richardson, Patrick, Westbrook
& Brickman, LLC, Robert King, Robert M. Peterson, Esq. --
rpeterson@ccplaw.com -- Carlson, Calladine & Peterson, LLP,
Stephen D. Susman, Esq. -- ssusman@susmangodfrey.com -- Susman
Godfrey, LLP, Stephen M. Tillery, Esq. --
stillery@koreintillery.com -- Korein Tillery, LLC, Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC & Matthew D.
Hamrick, Richardson, Patrick, Westbrook & Brickman, LLC.

John Telles, Plaintiff, represented by Christie R. Deaton, Esq.,
Korein Tillery, LLC, Daniel J. Shih, Esq. --
dshih@susmangodfrey.com -- Susman Godfrey, LLP, David C.
Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC,
George A. Zelcs, Korein Tillery, LLC, Gregory A. Lofstead,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, Guy
D. Calladine, Carlson, Calladine & Peterson, LLP, J. David Butler,
Richardson, Patrick, Westbrook & Brickman, LLC, James C. Bradley,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Lindsey N.
Godfrey, Susman Godfrey, LLP, Marc M. Seltzer, Susman Godfrey,
LLP, Matthew P. O'Malley, Esq. -- momalley@tompkinsmcguire.com --
Tompkins, McGuire, Wachenfeld & Barry, LLP, Michael J. Brickman,
Richardson, Patrick, Westbrook & Brickman, LLC, Nina Hunter
Fields, Richardson, Patrick, Westbrook & Brickman, LLC, Robert
King, Robert M. Peterson, Carlson, Calladine & Peterson, LLP,
Stephen D. Susman, Susman Godfrey, LLP, Stephen M. Tillery, Korein
Tillery, LLC, Thomas V. Bender, Walters Bender Strohbehn &
Vaughan, PC & Matthew D. Hamrick, Richardson, Patrick, Westbrook &
Brickman, LLC.

Kenneth Becker, Plaintiff, represented by Christie R. Deaton,
Korein Tillery, LLC, Daniel J. Shih, Susman Godfrey, LLP, David C.
Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC,
George A. Zelcs, Korein Tillery, LLC, Gregory A. Lofstead,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, Guy
D. Calladine, Carlson, Calladine & Peterson, LLP, J. David Butler,
Richardson, Patrick, Westbrook & Brickman, LLC, James C. Bradley,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, John
A. Libra, Korein Tillery, LLC, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Lindsey N. Godfrey, Susman Godfrey, LLP, Marc
M. Seltzer, Susman Godfrey, LLP, Matthew P. O'Malley, Tompkins,
McGuire, Wachenfeld & Barry, LLP, Michael J. Brickman, Richardson,
Patrick, Westbrook & Brickman, LLC, Nina Hunter Fields,
Richardson, Patrick, Westbrook & Brickman, LLC, Robert M.
Peterson, Carlson, Calladine & Peterson, LLP, Stephen D. Susman,
Susman Godfrey, LLP, Stephen M. Tillery, Korein Tillery, LLC,
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC & Matthew
D. Hamrick, Richardson, Patrick, Westbrook & Brickman, LLC.

Charles Parrish, Plaintiff, represented by Christie R. Deaton,
Korein Tillery, LLC, Daniel J. Shih, Susman Godfrey, LLP, David C.
Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC,
George A. Zelcs, Korein Tillery, LLC, Gregory A. Lofstead,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, Guy
D. Calladine, Carlson, Calladine & Peterson, LLP, John A. Libra,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Michael J. Brickman, Richardson, Patrick, Westbrook &
Brickman, LLC, Robert King, Robert M. Peterson, Carlson, Calladine
& Peterson, LLP, Stephen M. Tillery, Korein Tillery, LLC, Thomas
V. Bender, Walters Bender Strohbehn & Vaughan, PC & Matthew D.
Hamrick, Richardson, Patrick, Westbrook & Brickman, LLC.

Lesley Duke, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, George A. Zelcs, Korein Tillery, LLC, Guy D.
Calladine, Carlson, Calladine & Peterson, LLP, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Robert King, Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC & Matthew D.
Hamrick, Richardson, Patrick, Westbrook & Brickman, LLC.
Roy Edson, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, Daniel J. Shih, Susman Godfrey, LLP, David C.
Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC,
George A. Zelcs, Korein Tillery, LLC, Gregory A. Lofstead,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, Guy
D. Calladine, Carlson, Calladine & Peterson, LLP, John A. Libra,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Michael J. Brickman, Richardson, Patrick, Westbrook &
Brickman, LLC, Robert King, Robert M. Peterson, Carlson, Calladine
& Peterson, LLP, Stephen M. Tillery, Korein Tillery, LLC, Thomas
V. Bender, Walters Bender Strohbehn & Vaughan, PC & Matthew D.
Hamrick, Richardson, Patrick, Westbrook & Brickman, LLC.

John Taylor, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, Daniel J. Shih, Susman Godfrey, LLP, David C.
Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC,
George A. Zelcs, Korein Tillery, LLC, Gregory A. Lofstead,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, Guy
D. Calladine, Carlson, Calladine & Peterson, LLP, James C.
Bradley, Richardson, Patrick, Westbrook & Brickman, LLC --
Charleston, John A. Libra, Korein Tillery, LLC, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Michael J. Brickman,
Richardson, Patrick, Westbrook & Brickman, LLC, Nina Hunter
Fields, Richardson, Patrick, Westbrook & Brickman, LLC, Robert
King, Robert M. Peterson, Carlson, Calladine & Peterson, LLP,
Stephen M. Tillery, Korein Tillery, LLC, Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC, Matthew D. Hamrick, Richardson,
Patrick, Westbrook & Brickman, LLC & Thomas P. Rosenfeld, Korein
Tillery, LLC.

Richard Galauski, Plaintiff, represented by Christie R. Deaton,
Korein Tillery, LLC, Daniel J. Shih, Susman Godfrey, LLP, David C.
Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC,
George A. Zelcs, Korein Tillery, LLC, Gregory A. Lofstead,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, Guy
D. Calladine, Carlson, Calladine & Peterson, LLP, J. David Butler,
Richardson, Patrick, Westbrook & Brickman, LLC, James C. Bradley,
Richardson, Patrick, Westbrook & Brickman, LLC --Charleston, John
A. Libra, Korein Tillery, LLC, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Lindsey N. Godfrey, Susman Godfrey, LLP, Marc
M. Seltzer, Susman Godfrey, LLP, Matthew P. O'Malley, Tompkins,
McGuire, Wachenfeld & Barry, LLP, Michael J. Brickman, Richardson,
Patrick, Westbrook & Brickman, LLC, Nina Hunter Fields,
Richardson, Patrick, Westbrook & Brickman, LLC, Robert King,
Robert M. Peterson, Carlson, Calladine & Peterson, LLP, Stephen D.
Susman, Susman Godfrey, LLP, Stephen M. Tillery, Korein Tillery,
LLC, Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC &
Matthew D. Hamrick, Richardson, Patrick, Westbrook & Brickman,
LLC.

William Boyd, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, Daniel J. Shih, Susman Godfrey, LLP, George A.
Zelcs, Korein Tillery, LLC, Guy D. Calladine, Carlson, Calladine &
Peterson, LLP, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Lindsey N. Godfrey, Susman Godfrey, LLP, Marc M. Seltzer, Susman
Godfrey, LLP, Robert M. Peterson, Carlson, Calladine & Peterson,
LLP, Stephen D. Susman, Susman Godfrey, LLP & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

Donald Allen, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, George A. Zelcs, Korein Tillery, LLC, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Lindsey N. Godfrey, Susman
Godfrey, LLP, Marc M. Seltzer, Susman Godfrey, LLP, Matthew P.
O'Malley, Tompkins, McGuire, Wachenfeld & Barry, LLP, Stephen D.
Susman, Susman Godfrey, LLP & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Dennis Sapp, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, George A. Zelcs, Korein Tillery, LLC, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Lindsey N. Godfrey, Susman
Godfrey, LLP, Marc M. Seltzer, Susman Godfrey, LLP, Matthew P.
O'Malley, Tompkins, McGuire, Wachenfeld & Barry, LLP, Stephen D.
Susman, Susman Godfrey, LLP & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Lisa McBride, Plaintiff, represented by Andrew N. Goldfarb,
Zuckerman Spaeder LLP, George A. Zelcs, Korein Tillery, LLC,
Jennifer Ross, Zuckerman Spaeder LLP, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Lori J. Keen, Glassman, Edwards, Wade &
Wyatt, PC & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Tamara Miller, Plaintiff, represented by Carl Wyatt, Esq. --
cwyatt@gewwlaw.com -- Glassman, Edwards, Wade & Wyatt, PC, George
A. Zelcs, Korein Tillery, LLC, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, N. Richard Glassman, Esq. --
rglassman@gewwlaw.com -- Glassman, Edwards, Wade & Wyatt, PC,
Robert A. Cox, Esq. -- rcox@gewwlaw.com -- Glassman, Edwards, Wade
& Wyatt, PC, Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC & Tim Edwards, Walters Bender Strohbehn & Vaughan, PC.

Heartland Landscape Group LLC, Plaintiff, represented by George A.
Barton, Law Offices of George A. Barton, PC, George A. Zelcs,
Korein Tillery, LLC, Joe Carson, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Linda G. Alexander, Niemeyer, Alexander &
Phillips, P.C., Phyllis A. Norman, The Norman Law Firm & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Team Trucking, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Jere L. Beasley, Esq. --
jere.beasley@beasleyallen.com -- Beasley Allen Crow Methvin Portis
& Miles, PC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Joseph P. Miller, Esq. -- parker.miller@beasleyallen.com --
Beasley Allen Crow Methvin Portis & Miles PC, Rhon Jones, Esq. --
rhon.jones@beasleyallen.com -- Beasley Allen Crow Methvin Portis &
Miles, PC & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Dennis K. Mann, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Jere L. Beasley, Beasley Allen Crow Methvin Portis &
Miles, PC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Joseph P. Miller, Beasley Allen Crow Methvin Portis & Miles PC,
Rhon Jones, Beasley Allen Crow Methvin Portis & Miles, PC & Thomas
V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Christopher Payne, Plaintiff, represented by Charles J. Muchmore,
Burch & Cracchiolo PA, George A. Zelcs, Korein Tillery, LLC, John
D. Curtis, II, Burch & Cracchiolo PA, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Laura J. Meyer, Burch & Cracchiolo PA &
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

James Anliker, Plaintiff, represented by Charles J. Muchmore,
Burch & Cracchiolo PA, George A. Zelcs, Korein Tillery, LLC, John
D. Curtis, II, Burch & Cracchiolo PA, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Laura J. Meyer, Burch & Cracchiolo PA &
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Jim's Truckings, Inc., Plaintiff, represented by Charles J.
Muchmore, Burch & Cracchiolo PA, George A. Zelcs, Korein Tillery,
LLC, John D. Curtis, II, Burch & Cracchiolo PA, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Laura J. Meyer, Burch &
Cracchiolo PA & Thomas V. Bender, Walters Bender Strohbehn &
Vaughan, PC.

Phyllis Lerner, Plaintiff, represented by Bryan C. Payne,
Engstrom, Lipscomb & Lack, Christopher T. Aumais, Girardi Keese,
Dana M. Vessey, Dapeer Rosenblit and Litvak, Elizabeth L. Crooke,
Engstrom, Lipscomb & Lack, George A. Zelcs, Korein Tillery, LLC,
Graham B. LippSmith, Girardi Keese, Howard B. Miller, Girardi
Keese, Joseph C. Gjonola, Girardi Keese, Joseph A. Kronawitter,
Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry A. Sackey Law
Offices, Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC,
Thomas V. Girardi, Girardi Keese, Thu V. Nguyen, Engstrom,
Lipscomb & Lack, Walter J. Lack, Engstrom, Lipscomb & Lack &
William Litvak, Dapeer Rosenblit and Litvak.

Robert Hicks, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Ronald Bartley, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Herb Glaser, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Rollie Berry, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Steven Rubin, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Alex Zalkin, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Max Candiotty, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Craig Posen, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC &
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Frank Owen, Plaintiff, represented by Christie R. Deaton, Korein
Tillery, LLC, George A. Zelcs, Korein Tillery, LLC, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Lindsey N. Godfrey, Susman
Godfrey, LLP, Marc M. Seltzer, Susman Godfrey, LLP, Stephen D.
Susman, Susman Godfrey, LLP & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

James Jarvais, Plaintiff, represented by Christie R. Deaton,
Korein Tillery, LLC, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Lindsey N. Godfrey,
Susman Godfrey, LLP, Marc M. Seltzer, Susman Godfrey, LLP, Stephen
D. Susman, Susman Godfrey, LLP & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Mara Redstone, Plaintiff, represented by Craig P. Niedenthal, Cory
Watson Crowder & DeGaris, David Deary, Deary Montgomery Defeo &
Canada LLP, Douglas A. Dellaccio, Jr., Cory Watson Crowder &
DeGaris, Ernest Cory, Cory Watson Crowder & DeGaris, G. Rick
DiGiorgio, Cory Watson Crowder & DeGaris, George A. Zelcs, Korein
Tillery, LLC, Howard M. Miles, Whatley Drake & Kallas LLC, Jeven
Sloan, Whatley Drake & Kallas LLC, Joe R. Whatley, Jr., Whatley
Drake & Kallas LLC, Joseph Guglielmo, Scott + Scott Attorneys at
Law LLP, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Othni
J. Lathram, Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC & William C. Wright, William C. Wright PA.

Patrick Exterminating, Inc., Plaintiff, represented by Craig P.
Niedenthal, Cory Watson Crowder & DeGaris, David Deary, Deary
Montgomery Defeo & Canada LLP, Douglas A. Dellaccio, Jr., Cory
Watson Crowder & DeGaris, Ernest Cory, Cory Watson Crowder &
DeGaris, G. Rick DiGiorgio, Cory Watson Crowder & DeGaris, George
A. Zelcs, Korein Tillery, LLC, Howard M. Miles, Whatley Drake &
Kallas LLC, Joe R. Whatley, Jr., Whatley Drake & Kallas LLC,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Othni J.
Lathram, Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC
& William C. Wright, William C. Wright PA.

Robert Cozza, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Robert W. Russell, Kempton and Russell, Theodore J. Leopold,
Leopold Kuvin, PA & Thomas V. Bender, Walters Bender Strohbehn &
Vaughan, PC.

Dennis Flaherty, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Theodore J. Leopold, Leopold Kuvin, PA & Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC.

Raphael Sagalyn, Plaintiff, represented by Andrew N. Goldfarb,
Zuckerman Spaeder LLP, Carlos T. Angulo, Zuckerman Spaeder LLP,
George A. Zelcs, Korein Tillery, LLC, Graeme W. Bush, Zuckerman
Spaeder LLP, Jennifer Ross, Zuckerman Spaeder LLP, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Shawn P. Naunton,
Zuckerman Spaeder LLP & Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC.

J.C. Wash, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, John E. Tomlinson, Esq. --
john.tomlinson@beasleyallen.com -- Beasley Allen Crow Methvin
Portis & Miles, PC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Joseph P. Miller, Beasley Allen Crow Methvin Portis & Miles
PC, Ted G. Meadows, Beasley Allen Crow Methvin Portis & Miles, PC
& Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Jean W. Neese, Plaintiff, represented by David F. Kirby, Kirby &
Holt, George A. Zelcs, Korein Tillery, LLC, Joseph A. Kronawitter,
Horn, Aylward & Bandy LLC, Nina Hunter Fields, Richardson,
Patrick, Westbrook & Brickman, LLC, Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC, William B. Bystrynski, Kirby &
Holt & William W. Plyler, McMillan & Smith.

Cecil R. Wilkins, Plaintiff, represented by David F. Kirby, Kirby
& Holt, George A. Zelcs, Korein Tillery, LLC, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Nina Hunter Fields,
Richardson, Patrick, Westbrook & Brickman, LLC, Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC, William B. Bystrynski,
Kirby & Holt & William W. Plyler, McMillan & Smith.

Wayne Byram, Plaintiff, represented by Douglas A. Dellaccio, Jr.,
Cory Watson Crowder & DeGaris, Ernest Cory, Cory Watson Crowder &
DeGaris, G. Rick DiGiorgio, Cory Watson Crowder & DeGaris, George
A. Zelcs, Korein Tillery, LLC, Howard M. Miles, Whatley Drake &
Kallas LLC, Joe R. Whatley, Jr., Whatley Drake & Kallas LLC,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Othni J.
Lathram, Shane C. Youtz & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Gary Kohut, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP, John
H. Cotton, Cotton & Associates, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, P. Kyle Smith, Harrison, Kemp Jones &
Coulthard & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Scott Campbell, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP, John
H. Cotton, Cotton & Associates, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, P. Kyle Smith, Harrison, Kemp Jones &
Coulthard & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Debra Berg, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP, John
H. Cotton, Cotton & Associates, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, P. Kyle Smith, Harrison, Kemp Jones &
Coulthard & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Tia Gomez, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP, John
H. Cotton, Cotton & Associates, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, P. Kyle Smith, Harrison, Kemp Jones &
Coulthard & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Shonna S. Butler, Plaintiff, represented by Andrew S. Kierstead,
Andrew S. Kierstead Law Offices, George A. Zelcs, Korein Tillery,
LLC, John S. Stone, John S. Stone, LLC, Joseph A. Kronawitter,
Horn, Aylward & Bandy LLC, Lawrence A. Locke, Kierstead & Locke,
Martin Woodward, Stanley Law Group, Michael D. Donovan, Donovan
Searles, LLC, Roger L. Mandel, Lackey Hershman, LLP & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Jonathan Charles Conlin, Plaintiff, represented by G. Rick
DiGiorgio, Cory Watson Crowder & DeGaris, George A. Zelcs, Korein
Tillery, LLC, Howard M. Miles, Whatley Drake & Kallas LLC, Jeven
Sloan, Whatley Drake & Kallas LLC, Joe R. Whatley, Jr., Whatley
Drake & Kallas LLC, Joseph Guglielmo, Scott + Scott Attorneys at
Law LLP, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Joseph
P. Miller, Beasley Allen Crow Methvin Portis & Miles PC, Lee L.
Coleman, Hughes & Coleman & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Ben Dozier, Plaintiff, represented by G. Rick DiGiorgio, Cory
Watson Crowder & DeGaris, George A. Zelcs, Korein Tillery, LLC,
Howard M. Miles, Whatley Drake & Kallas LLC, Joe R. Whatley, Jr.,
Whatley Drake & Kallas LLC, Joseph A. Kronawitter, Horn, Aylward &
Bandy LLC & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Mark Scrivner, Plaintiff, represented by G. Rick DiGiorgio, Cory
Watson Crowder & DeGaris, George A. Zelcs, Korein Tillery, LLC,
Howard M. Miles, Whatley Drake & Kallas LLC, Joe R. Whatley, Jr.,
Whatley Drake & Kallas LLC, Joseph A. Kronawitter, Horn, Aylward &
Bandy LLC & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Priscilla Craft, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, L.
DeWayne Layfield & Thomas V. Bender, Walters Bender Strohbehn &
Vaughan, PC.

James Graham, Plaintiff, represented by Andrew N. Goldfarb,
Zuckerman Spaeder LLP, Carlos T. Angulo, Zuckerman Spaeder LLP,
George A. Zelcs, Korein Tillery, LLC, Graeme W. Bush, Zuckerman
Spaeder LLP, Jennifer Ross, Zuckerman Spaeder LLP, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Shawn P. Naunton,
Zuckerman Spaeder LLP, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & Elizabeth G. Taylor, Zuckerman Spaeder LLP.

3 Girls Enterprises, Inc., Plaintiff, represented by George A.
Zelcs, Korein Tillery, LLC, Jere L. Beasley, Beasley Allen Crow
Methvin Portis & Miles, PC, Joseph A. Kronawitter, Horn, Aylward &
Bandy LLC, Joseph P. Miller, Beasley Allen Crow Methvin Portis &
Miles PC, Rhon Jones, Beasley Allen Crow Methvin Portis & Miles,
PC & Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.
Ronna Posen, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Barbara Cumbo, Plaintiff, represented by Dana M. Vessey, Dapeer
Rosenblit and Litvak, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Larry A. Sackey, Larry
A. Sackey Law Offices, Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC & William Litvak, Dapeer Rosenblit and Litvak.

Kennedy G. Kraatz, Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Julie L. Rhoades, Matthew & Associates, L. DeWayne Layfield &
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Robert G. Locklier, Plaintiff, represented by David P. Matthews,
Matthew & Associates, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades,
Matthew & Associates & Thomas V. Bender, Walters Bender Strohbehn
& Vaughan, PC.

Melissa D. Murray, Plaintiff, represented by David P. Matthews,
Matthew & Associates, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades,
Matthew & Associates, L. DeWayne Layfield & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

Michael A. Warner, Plaintiff, represented by David P. Matthews,
Matthew & Associates, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades,
Matthew & Associates, L. DeWayne Layfield & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

Jim Wolfe, Plaintiff, represented by David P. Matthews, Matthew &
Associates, George A. Zelcs, Korein Tillery, LLC, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades, Matthew
& Associates & Thomas V. Bender, Walters Bender Strohbehn &
Vaughan, PC.

Clinton J. Davis, Plaintiff, represented by David P. Matthews,
Matthew & Associates, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades,
Matthew & Associates, L. DeWayne Layfield & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

Lisa Ann Lee, Plaintiff, represented by David P. Matthews, Matthew
& Associates, George A. Zelcs, Korein Tillery, LLC, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades, Matthew
& Associates, L. DeWayne Layfield & Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC.

Steven R. Rutherford, Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Joseph P. Miller, Beasley Allen Crow Methvin Portis & Miles
PC, Robert K. Finnell, The Finnell Firm, Robert W. Russell,
Kempton and Russell & Thomas V. Bender, Walters Bender Strohbehn &
Vaughan, PC.

Ellison and Sons Trucking Co. LLC, Plaintiff, represented by
George A. Zelcs, Korein Tillery, LLC, John W. Crongeyer, Law
Offices of Bryan A. Vroon, LLC, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Robert K. Finnell, The Finnell Firm & Thomas
V. Bender, Walters Bender Strohbehn & Vaughan, PC.

W. E. Hicks, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, John W. Crongeyer, Law Offices of Bryan A. Vroon,
LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Robert K.
Finnell, The Finnell Firm & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Brent Crawford, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, John W. Crongeyer, Law Offices of Bryan A. Vroon,
LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Robert K.
Finnell, The Finnell Firm & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Dixcee Millsap, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, John W. Crongeyer, Law Offices of Bryan A. Vroon,
LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Robert K.
Finnell, The Finnell Firm & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Carl Rittenhouse, Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, John W. Crongeyer, Law Offices of Bryan A.
Vroon, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Robert K. Finnell, The Finnell Firm & Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC.

Samuel Ely, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, John W. Crongeyer, Law Offices of Bryan A. Vroon,
LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Robert K.
Finnell, The Finnell Firm & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Victor Ruybalid, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Marian S. Rosen, Marian S. Rosen & Associates, Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC & Timothy A. Rowe, Rowe &
Hamilton.

Elizabeth Murphy, Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Theodore J. Leopold, Leopold Kuvin, PA & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

Hadley Bower, Plaintiff, represented by Eric A. Davis, Niemeyer,
Alexander & Phillips, P.C., George A. Zelcs, Korein Tillery, LLC,
Jona R. Hefner, Hefner & Associates, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Julie L. Rhoades, Matthew & Associates, Linda
G. Alexander, Niemeyer, Alexander & Phillips, P.C. & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Larry O. Bower, Plaintiff, represented by Eric A. Davis, Niemeyer,
Alexander & Phillips, P.C., George A. Zelcs, Korein Tillery, LLC,
Jona R. Hefner, Hefner & Associates, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Julie L. Rhoades, Matthew & Associates, Linda
G. Alexander, Niemeyer, Alexander & Phillips, P.C. & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Kristy Deann Mott, Plaintiff, represented by Eric A. Davis,
Niemeyer, Alexander & Phillips, P.C., George A. Zelcs, Korein
Tillery, LLC, Jona R. Hefner, Hefner & Associates, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades, Matthew
& Associates, Linda G. Alexander, Niemeyer, Alexander & Phillips,
P.C. & Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.
TEMCO, Inc., Plaintiff, represented by Eric A. Davis, Niemeyer,
Alexander & Phillips, P.C., George A. Zelcs, Korein Tillery, LLC,
Jona R. Hefner, Hefner & Associates, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, Julie L. Rhoades, Matthew & Associates, Linda
G. Alexander, Niemeyer, Alexander & Phillips, P.C. & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Charles Cockrell, Jr., Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Megan England Demastus, Berke, Berke & Berke, Robert K.
Finnell, The Finnell Firm, Ronald J. Berke, Berke, Berke & Berke &
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

William Rutherford, Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Joseph P. Miller, Beasley Allen Crow Methvin Portis & Miles
PC, Megan England Demastus, Berke, Berke & Berke, Robert K.
Finnell, The Finnell Firm, Ronald J. Berke, Berke, Berke & Berke &
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Mark Wyatt, Plaintiff, represented by Donald F. Hildre, Dougherty
and Hildre, Elizabeth L. Crooke, Engstrom, Lipscomb & Lack, George
A. Zelcs, Korein Tillery, LLC, Jeffrey M. Padilla, O'Mara &
Padilla, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Michael
D. Padilla, O'Mara & Padilla, Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC & Thomas D. Haklar, Law Offices of Thomas
D. Haklar.

Kim Wagner, Plaintiff, represented by Donald F. Hildre, Dougherty
and Hildre, Elizabeth L. Crooke, Engstrom, Lipscomb & Lack, George
A. Zelcs, Korein Tillery, LLC, Jeffrey M. Padilla, O'Mara &
Padilla, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC, Michael
D. Padilla, O'Mara & Padilla, Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC & Thomas D. Haklar, Law Offices of Thomas
D. Haklar.

Dawn Lalor, Plaintiff, represented by Avery L. Griffin, Hamlin,
Griffin & Kohnke, LLC, Deborah S. Henton, Hamlin, Griffin &
Kohnke, LLC, Edward F. Kohnke, IV, Hamlin, Griffin & Kohnke, LLC,
George A. Zelcs, Korein Tillery, LLC, Joseph A. Kronawitter, Horn,
Aylward & Bandy LLC, L. DeWayne Layfield, Stacy R. Palowsky,
Hamlin, Griffin & Kohnke, LLC, Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC & William J. Hamlin, Hamlin, Griffin &
Kohnke, LLC.

Gerald Panto, Jr., Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Martin S. Kardon, Kanter, Bernstein and Kardon, PC, Stewart
Bernstein, Kanter, Bernstein and Kardon, PC & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

S. Garrett Cook, Jr., Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Joseph P. Miller, Beasley Allen Crow Methvin Portis & Miles
PC & Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Don Hall, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC &
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC.

Charles D. Jones, Plaintiff, represented by Eric A. Davis,
Niemeyer, Alexander & Phillips, P.C., George A. Zelcs, Korein
Tillery, LLC, J. Bruce McMath, McMath Woods PA, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Linda G. Alexander,
Niemeyer, Alexander & Phillips, P.C., Samuel E. Ledbetter, McMath
Woods, PA & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Michael Gauthreaux, Plaintiff, represented by Eric A. Davis,
Niemeyer, Alexander & Phillips, P.C., George A. Zelcs, Korein
Tillery, LLC, J. Bruce McMath, McMath Woods PA, Joseph A.
Kronawitter, Horn, Aylward & Bandy LLC, Linda G. Alexander,
Niemeyer, Alexander & Phillips, P.C., Samuel E. Ledbetter, McMath
Woods, PA & Thomas V. Bender, Walters Bender Strohbehn & Vaughan,
PC.

Joann Korleski, Plaintiff, represented by Boyce Allen Clardy, Jr.,
Dick James Law Firm, George A. Zelcs, Korein Tillery, LLC, Joseph
A. Kronawitter, Horn, Aylward & Bandy LLC, Julie L. Rhoades,
Matthew & Associates, Nina Hunter Fields, Richardson, Patrick,
Westbrook & Brickman, LLC & Thomas V. Bender, Walters Bender
Strohbehn & Vaughan, PC.

Jeff Jenkins, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Sam Hotchkiss, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Sara Terry, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Jacob Steed, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, J. Randall Jones, Kemp, Jones & Coulthard, LLP,
Joseph A. Kronawitter, Horn, Aylward & Bandy LLC & Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC.

Marvin Bryan, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC & Alex M.
Moskowitz, A. J. Weiss & Associates.

Luanna Tschinderle, Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Roger L. Mandel, Lackey Hershman, LLP & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

Jeri T. Tschinderle, Plaintiff, represented by George A. Zelcs,
Korein Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC, Roger L. Mandel, Lackey Hershman, LLP & Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC.

Kelly Dutton, Plaintiff, represented by George A. Zelcs, Korein
Tillery, LLC, Joseph A. Kronawitter, Horn, Aylward & Bandy LLC,
Roger L. Mandel, Lackey Hershman, LLP & Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC.

Viking Marine Enterprise, Inc., Plaintiff, represented by Thomas
V. Bender, Walters Bender Strohbehn & Vaughan, P.C., George A.
Zelcs, Korein Tillery, LLC & Joseph A. Kronawitter, Horn, Aylward
& Bandy LLC.

Snake City Enterprises, LTD., Plaintiff, represented by Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC, George A. Zelcs,
Korein Tillery, LLC & Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC.

BCME, Inc., Plaintiff, represented by Thomas V. Bender, Walters
Bender Strohbehn & Vaughan, PC, George A. Zelcs, Korein Tillery,
LLC & Joseph A. Kronawitter, Horn, Aylward & Bandy LLC.

Quint Kat Trucking, Inc., Plaintiff, represented by Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC, George A. Zelcs,
Korein Tillery, LLC & Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC.

Universal Transporation & Logistics, LLC, Plaintiff, represented
by Thomas V. Bender, Walters Bender Strohbehn & Vaughan, PC,
George A. Zelcs, Korein Tillery, LLC & Joseph A. Kronawitter,
Horn, Aylward & Bandy LLC.

K & J Trucking, Inc., Plaintiff, represented by Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC, George A. Zelcs, Korein
Tillery, LLC & Joseph A. Kronawitter, Horn, Aylward & Bandy LLC.
Rushing Enterprises, Inc., Plaintiff, represented by Thomas V.
Bender, Walters Bender Strohbehn & Vaughan, PC, George A. Zelcs,
Korein Tillery, LLC & Joseph A. Kronawitter, Horn, Aylward & Bandy
LLC.

Roy-Car, M.T.S., INC., Plaintiff, represented by Thomas V. Bender,
Walters Bender Strohbehn & Vaughan, PC, George A. Zelcs, Korein
Tillery, LLC & Joseph A. Kronawitter, Horn, Aylward & Bandy LLC.
Allen Ray Klein, Plaintiff, represented by Joseph A. Kronawitter,
Horn, Aylward & Bandy LLC.

BP Corporation North America, Inc., Defendant, represented by
Douglas M. Todd, Phillips McFall McCaffrey McVay & Murrah, PC,
Jarrod J. White, Cabaniss Johnston Gardner Dumas & O'Neal, Lisa J.
Zastrow, Kummer Kaempger Bonner Rensahw & Ferrario, Michael F.
Saunders, Spencer Fane Britt & Browne LLP, Nancy G. Milburn,
Arnold & Porter, LLP, Ronald C. Redcay, Arnold & Porter, LLP,
Sandra Grisham Robinson, Cabaniss Johnston Gardner Dumas & O'Neal,
Sean Morris, Arnold & Porter, LLP & Thomas G. Wolfe, Phillips
McFall McCaffrey McVay & Murrah, PC.

Casey's General Stores, Inc., Defendant, represented by James D.
Griffin, Scharnhorst Ast Kennard Griffin PC, Martin M. Loring,
Esq. -- martin.loring@huschblackwell.com -- Husch Blackwell LLP &
Michael E. Norton, Esq. -- michael.norton@huschblackwell.com --
Husch Blackwell LLP.

Chevron USA, Inc., Defendant, represented by Brendan A. McShane,
Latham & Watkins LLP, Cynthia H. Cwik, Jones Day, Darius Ogloza,
Ogloza Fortney LLP, David G. Hosenpud, Lane Powell PC, Ernest J.
Getto, Latham & Watkins LLP, Garrett S. Long, Latham & Watkins
LLP, Heather L.T. Potts, Latham & Watkins LLP, Kirsten Ferguson,
Latham & Watkins LLP, Lisa T. Silvestri, Gable & Gotwals, Mary
Rose Alexander, Latham & Watkins LLP, Robert C. Hackett, Mohr
Hackett Penderson Blakely & Randolph PC, Stephen Stublarec, Latham
& Watkins LLP, Terry D. Ragsdale, Gable & Gotwals & Thomas J.
Heiden, Latham & Watkins LLP.

Circle K Stores, Inc., Defendant, represented by A. Bradley
Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy &
Bacon LLP, Daniel B. Hodes, Rouse Hendricks German May, Donald H.
Tucker, Jr., Smith Anderson Blount Dorsett Mitchell & Jernigan,
James P. Muehlberger, Shook, Hardy & Bacon LLP, Kathryn M. Zynda,
Corbyn Law Firm, Kevin R. Corlew, Shook, Hardy & Bacon LLP,
Rebecca J. Schwartz, Shook, Hardy & Bacon LLP, Robert S. Bassman,
Bassman Mitchell & Alfano, Chtd. & Tristan L. Duncan, Shook, Hardy
& Bacon LLP.

Citgo Petroleum Corporation, Defendant, represented by Ameri
Giannotti, Eimer Stahl LLP, David E. Everson, Jr., Stinson Leonard
Street LLP, Michael J. Byrne, Moore & Van Allen, Nathan P. Eimer,
Eimer Stahl LLP, Regan A. Sweeney, Wallace King Domike and
Reiskin, PLLC, Richard M. Hutson, II, Hutson Law Office PA, Robert
C. Hackett, Mohr Hackett Penderson Blakely & Randolph PC, Terrence
A. Callan, Pillsbury Winthrop Shaw Pittman, LLP & Vanessa G.
Jacobsen, Eimer Stahl LLP.

ConocoPhillips Company, Defendant, represented by Daniel S. Mason,
Zelle Hofmann Voelbel & Mason LLP, Eric W. Buetzow, Zelle Hofmann
Voelbel & Mason LLP, Jose M. Umbert, Zelle Hofmann Voelbel & Mason
LLP, Joseph W. Bell, Zelle Hofmann Voelbel & Mason LLP, Lisa T.
Silvestri, Gable & Gotwals, M. Benjamin Singletary, Gable &
Gotwals, Michael B. Campbell, Campbell Trial Law, Michael S.
Christian, Zelle Hofmann Voelbel & Mason LLP, Philip J. Dabney,
Holland & Hart LLP, Terry D. Ragsdale, Gable & Gotwals & William
F. Ford, Jr., Lathrop & Gage, LLP.

Exxon Mobil Corporation, Defendant, represented by Anwar M.
Johnson, Fox Galvin, LLC, Benjamin Silva, Jr., Silva & Saucedo PC,
Candace A. Blydenburgh, McGuireWoods, LLP, Chad J. Pomeroy, Durham
Jones & Pinegar, Charles E. Griffin, Butler Snow O'Mara Stevens &
Cannada, Christopher T. Saucedo, Silva & Saucedo PC, Dana W.
Tucker, Fox Galvin, LLC, David L. Arrington, Durham Jones &
Pinegar, David J. Lender, Weil, Gotshal & Manges, LLP, David R.
Singh, Weil, Gotshal & Manges, LLP, James D. Bowers, Fields &
Brown, LLC, James J. Jackson, James W. Quinn, Weil, Gotshal &
Manges, LLP, Kenneth M. Jones, Atkins & Evans, Kermit L. Kendrick,
Burr & Forman LLP, Kevin F. Meade, Weil, Gotshal & Manges, LLP,
Michael W. Sillyman, Kutak Rock LLP, Nelson L. Atkins, Atkins &
Evans, Patrick J. Conlon, Exxon Mobil Corporation, Ricky J.
McKinney, Burr & Forman LLP, Robert H. Alexander, Jr., Law Office
of Robert H. Alexander, Jr. PC, Robert C. Hackett, Mohr Hackett
Penderson Blakely & Randolph PC, Steven J. Fram, Archer & Greiner,
PC, Taylor Fields, Fields & Brown, LLC, Waverly D. Crenshaw, Jr.,
Waller, Lansden, Dortch & Davis, LLC & William J. Long, Burr &
Forman LLP.

Flying J Inc., Defendant, represented by Daniel B. Hodes, Rouse
Hendricks German May, Helaine S. Goodner, Fowler White Burnett,
James P. Muehlberger, Shook, Hardy & Bacon LLP, Jonathan A.
Dibble, Ray, Quinney & Nebeker, Robert C. Hackett, Mohr Hackett
Penderson Blakely & Randolph PC, Tristan L. Duncan, Shook, Hardy &
Bacon LLP, A. Bradley Bodamer, Shook, Hardy & Bacon LLP, Amy
Crouch, Shook, Hardy & Bacon LLP & Kevin R. Corlew, Shook, Hardy &
Bacon LLP.

MFA Oil Company, Defendant, represented by William F. Ford, Jr.,
Lathrop & Gage, LLP.

Petro Stopping Centers, LP, Defendant, represented by Daniel J.
Bennett, Ropes & Gray LLC, Daniel B. Hodes, Rouse Hendricks German
May, Jane E. Willis, Ropes & Gray LLC, Jeffrey B. Storer, Ropes &
Gray LLC, Laurence R. Tucker, Armstrong Teasdale LL, Mark D.
Vaughn, Ropes & Gray LLC, Samira A. Omerovic, Ropes & Gray LLP &
Tyson H. Ketchum, Armstrong Teasdale LLP.

Pilot Travel Centers, LLC, Defendant, represented by A. Bradley
Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy &
Bacon LLP, Daniel B. Hodes, Rouse Hendricks German May, James P.
Muehlberger, Shook, Hardy & Bacon LLP, Kathryn M. Zynda, Corbyn
Law Firm, Kevin R. Corlew, Shook, Hardy & Bacon LLP, Rebecca J.
Schwartz, Shook, Hardy & Bacon LLP, Robert S. Bassman, Bassman
Mitchell & Alfano, Chtd., Robert C. Hackett, Mohr Hackett
Penderson Blakely & Randolph PC & Tristan L. Duncan, Shook, Hardy
& Bacon LLP.

7-Eleven, Inc., Defendant, represented by A. Bradley Bodamer,
Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP,
Daniel B. Hodes, Rouse Hendricks German May, David B. Donchin,
Durbin, Larimore & Bialick, Donald H. Tucker, Jr., Smith Anderson
Blount Dorsett Mitchell & Jernigan, James K. Larimore, Durbin,
Larimore & Bialick, Kevin R. Corlew, Shook, Hardy & Bacon LLP,
Rebecca J. Schwartz, Shook, Hardy & Bacon LLP & Tristan L. Duncan,
Shook, Hardy & Bacon LLP.

Shell Oil Company, Defendant, represented by Abby L. Risner,
Greensfelder, Hemker & Gale, PC, David M. Harris, Greensfelder,
Hemker & Gale, PC, David J. Simmons, Greensfelder, Hemker & Gale,
PC & Gregory C. Mollett, Greensfelder, Hemker & Gale, PC.
Sinclair Oil Corporation, Defendant, represented by Robert C.
Hackett, Mohr Hackett Penderson Blakely & Randolph PC & William F.
Ford, Jr., Lathrop & Gage, LLP - KC.

Valero Marketing and Supply Company, Defendant, represented by
Chad A. Stegeman, Carroll, Burdick & McDonough LLP, James F.
Bennett, Dowd Bennett LLP, James P. Tuite, Akin Gump Strauss Hauer
& Feld, LLP, Patrick J. Whalen, Spencer Fane Britt & Browne LLP,
Robert C. Hackett, Mohr Hackett Penderson Blakely & Randolph PC &
Selena L. Evans, Dowd Bennett LLP.

Wal-Mart Stores, Inc., Defendant, represented by Brian L. Duffy,
Greenberg Traurig LLP, Ericka D. McCaskill, Berkowitz Oliver
Williams Shaw & Eisenbrandt, LLP, Kurt D. Williams, Berkowitz
Oliver Williams Shaw & Eisenbrandt, LLP, Sanford M. Saunders, Jr.,
Greenberg Traurig LLP, Sharon A. Stallbaumer, Berkowitz Oliver
Williams Shaw & Eisenbrandt, LLP, William J. Taylor, Morgan, Lewis
& Bockius, LLP & Naomi G. Beer, Greenberg Traurig LLP.
The Kroger Co., Defendant, represented by Ashley T. Kisner,
Strasburger & Price, LLP & Earsa R. Jackson, Strasburger & Price,
LLP.

Kum & Go, LC, Defendant, represented by A. Bradley Bodamer, Shook,
Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP, Daniel B.
Hodes, Rouse Hendricks German May, James P. Muehlberger, Shook,
Hardy & Bacon LLP, Kathryn M. Zynda, Corbyn Law Firm, Kevin R.
Corlew, Shook, Hardy & Bacon LLP, Rebecca J. Schwartz, Shook,
Hardy & Bacon LLP, Robert S. Bassman, Bassman Mitchell & Alfano,
Chtd. & Tristan L. Duncan, Shook, Hardy & Bacon LLP.

Quiktrip Corp., Defendant, represented by A. Bradley Bodamer,
Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP,
Daniel B. Hodes, Rouse Hendricks German May, James P. Muehlberger,
Shook, Hardy & Bacon LLP, Kathryn M. Zynda, Corbyn Law Firm, Kevin
R. Corlew, Shook, Hardy & Bacon LLP, Rebecca J. Schwartz, Shook,
Hardy & Bacon LLP, Robert S. Bassman, Bassman Mitchell & Alfano,
Chtd. & Tristan L. Duncan, Shook, Hardy & Bacon LLP.

Love's Travel Stops & Country Stores Inc, Defendant, represented
by Daniel B. Hodes, Rouse Hendricks German May, Gary W. Davis,
Crowe & Dunlevy, John J. Griffin, Jr., Crowe & Dunlevy & L. Mark
Walker, Crowe & Dunlevy.

TA Operating Corporation, Defendant, represented by Jane E.
Willis, Ropes & Gray LLC, Laurence R. Tucker, Armstrong Teasdale
LLP & Tyson H. Ketchum, Armstrong Teasdale LLP.

Murphy Oil USA, Inc., Defendant, represented by A. Bradley
Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy &
Bacon LLP, Daniel B. Hodes, Rouse Hendricks German May, Donald H.
Tucker, Jr., Smith Anderson Blount Dorsett Mitchell & Jernigan,
James P. Muehlberger, Shook, Hardy & Bacon LLP, Kathryn M. Zynda,
Corbyn Law Firm, Kevin R. Corlew, Shook, Hardy & Bacon LLP,
Rebecca J. Schwartz, Shook, Hardy & Bacon LLP, Robert S. Bassman,
Bassman Mitchell & Alfano, Chtd., Stephen Alexander Hester,
Williams & Anderson PLLC & Tristan L. Duncan, Shook, Hardy & Bacon
LLP.

Equilon Enterprises LLC, Defendant, represented by Abby L. Risner,
Greensfelder, Hemker & Gale, PC, David M. Harris, Greensfelder,
Hemker & Gale, PC, David J. Simmons, Greensfelder, Hemker & Gale,
PC & Gregory C. Mollett, Greensfelder, Hemker & Gale, PC.
EZ Mart Stores Inc, Defendant, represented by Byron Freeland,
Mitchell Williams Law, Daniel B. Hodes, Rouse Hendricks German
May, Gary W. Davis, Crowe & Dunlevy & Sherry P. Bartley, Mitchell
Williams Law.

Sunoco Corporation, Defendant, represented by Barbara R. Binis,
Reed Smith, LLP.

Star Fuel Marts Inc, Defendant, represented by A. Bradley Bodamer,
Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP,
Kathryn M. Zynda, Corbyn Law Firm, Kevin R. Corlew, Shook, Hardy &
Bacon LLP, Rebecca J. Schwartz, Shook, Hardy & Bacon LLP & Tristan
L. Duncan, Shook, Hardy & Bacon LLP.

Shell Oil Products Company LLC, Defendant, represented by Abby L.
Risner, Greensfelder, Hemker & Gale, PC, David M. Harris,
Greensfelder, Hemker & Gale, PC, David J. Simmons, Greensfelder,
Hemker & Gale, PC & Gregory C. Mollett, Greensfelder, Hemker &
Gale, PC.

Tesoro Refining and Marketing Company, Defendant, represented by
Craig J. de Recat, Manatt Phelps & Phillips, LLP, Daniel B. Hodes,
Rouse Hendricks German May, David G. Hosenpud, Lane Powell PC &
Robert Roy Begland, Manatt Phelps & Phillips, LLP.

TravelCenters of America, LLC, Defendant, represented by Daniel J.
Bennett, Ropes & Gray LLC, Daniel B. Hodes, Rouse Hendricks German
May, Jane E. Willis, Ropes & Gray LLC, Jeffrey B. Storer, Ropes &
Gray LLC, Laurence R. Tucker, Armstrong Teasdale LLP, Mark D.
Vaughn, Ropes & Gray LLC, Samira A. Omerovic, Ropes & Gray LLP &
Tyson H. Ketchum, Armstrong Teasdale LLP.

BP West Coast Products, LLC, Defendant, represented by Erika
Norman, Arnold & Porter, LLP, Michael F. Saunders, Spencer Fane
Britt & Browne LLP, Nancy G. Milburn, Arnold & Porter, LLP, Ronald
C. Redcay, Arnold & Porter, LLP & Sean Morris, Arnold & Porter,
LLP.

Amerada Hess Corporation, Defendant, represented by Brian J.
Molloy, Wilentz Goldman & Spitzer, PA.

Getty Petroleum Marketing, Inc., Defendant, represented by Barry
M. Kazan, Thompson Hine LLP.

Motiva Enterprises LLC, Defendant, represented by Abby L. Risner,
Greensfelder, Hemker & Gale, PC, David M. Harris, Greensfelder,
Hemker & Gale, PC, David J. Simmons, Greensfelder, Hemker & Gale,
PC & Gregory C. Mollett, Greensfelder, Hemker & Gale, PC.

Sunoco Inc, Defendant, represented by Daniel B. Hodes, Rouse
Hendricks German May, Heather A. Ritch, Reed Smith, LLP, Kristine
L. Sendek Smith, Beveridge and Diamond, PC & Barbara R. Binis,
Reed Smith, LLP.

BP Products North Americas Inc, Defendant, represented by Erika
Norman, Arnold & Porter, LLP, Michael F. Saunders, Spencer Fane
Britt & Browne LLP, Nancy G. Milburn, Arnold & Porter, LLP, Ronald
C. Redcay, Arnold & Porter, LLP & Sean Morris, Arnold & Porter,
LLP.

Amoco Oil Company, Defendant, represented by Andrew D. Dill,
Woodward, Hobson & Fulton, LLP & Sean Morris, Arnold & Porter,
LLP.

Wal-Mart Stores, Inc., Defendant, represented by Brian L. Duffy,
Greenberg Traurig LLP, Rob F. Robertson, Gable & Gotwals, Sanford
M. Saunders, Jr., Greenberg Traurig LLP, Sidney G. Dunagan, Gable
& Gotwals, William J. Taylor, Morgan, Lewis & Bockius, LLP & Naomi
G. Beer, Greenberg Traurig LLP.

Thorntons, Inc., Defendant, represented by Daniel B. Hodes, Rouse
Hendricks German May & Donald J. Kelly, Wyatt, Tarrant & Combs,
LLP.

Mac's Convenience Stores, LLC., Defendant, represented by A.
Bradley Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook,
Hardy & Bacon LLP, Daniel B. Hodes, Rouse Hendricks German May,
James P. Muehlberger, Shook, Hardy & Bacon LLP, Kevin R. Corlew,
Shook, Hardy & Bacon LLP, Rebecca J. Schwartz, Shook, Hardy &
Bacon LLP, Robert S. Bassman, Bassman Mitchell & Alfano, Chtd. &
Tristan L. Duncan, Shook, Hardy & Bacon LLP.

Speedway Petroleum Corporation, Defendant, represented by A.
Bradley Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook,
Hardy & Bacon LLP, Kevin R. Corlew, Shook, Hardy & Bacon LLP,
Rebecca J. Schwartz, Shook, Hardy & Bacon LLP, Robert S. Bassman,
Bassman Mitchell & Alfano, Chtd. & Tristan L. Duncan, Shook, Hardy
& Bacon LLP.

Texaco Inc, Defendant, represented by Darius Ogloza, Ogloza
Fortney LLP & David M. Harris, Greensfelder, Hemker & Gale, PC.
BP North America Petroleum, Inc., Defendant, represented by
Michael F. Saunders, Spencer Fane Britt & Browne LLP, Nancy G.
Milburn, Arnold & Porter, LLP, Ronald C. Redcay, Arnold & Porter,
LLP & Sean Morris, Arnold & Porter, LLP.

Sam's Club, Defendant, represented by Brian L. Duffy, Greenberg
Traurig LLP, Kurt D. Williams, Berkowitz Oliver Williams Shaw &
Eisenbrandt, LLP & Naomi G. Beer, Greenberg Traurig LLP.
Wal-Mart Stores, Inc., Defendant, represented by Naomi G. Beer,
Greenberg Traurig LLP, Sanford M. Saunders, Jr., Greenberg Traurig
LLP, William J. Taylor, Morgan, Lewis & Bockius, LLP & Brian L.
Duffy, Greenberg Traurig LLP.

Race Trac Petroleum, Inc., Defendant, represented by A. Bradley
Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy &
Bacon LLP, Daniel B. Hodes, Rouse Hendricks German May, James P.
Muehlberger, Shook, Hardy & Bacon LLP, Kevin R. Corlew, Shook,
Hardy & Bacon LLP, Rebecca J. Schwartz, Shook, Hardy & Bacon LLP,
Robert S. Bassman, Bassman Mitchell & Alfano, Chtd. & Tristan L.
Duncan, Shook, Hardy & Bacon LLP.

Marathon Petroleum Company, LLC, Defendant, represented by A.
Bradley Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook,
Hardy & Bacon LLP, Daniel B. Hodes, Rouse Hendricks German May,
James P. Muehlberger, Shook, Hardy & Bacon LLP, Kevin R. Corlew,
Shook, Hardy & Bacon LLP, Rebecca J. Schwartz, Shook, Hardy &
Bacon LLP, Robert S. Bassman, Bassman Mitchell & Alfano, Chtd. &
Tristan L. Duncan, Shook, Hardy & Bacon LLP.

Pantry Inc, The, Defendant, represented by A. Bradley Bodamer,
Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP,
Daniel B. Hodes, Rouse Hendricks German May, Donald H. Tucker,
Jr., Smith Anderson Blount Dorsett Mitchell & Jernigan, James P.
Muehlberger, Shook, Hardy & Bacon LLP, Joel E. Friedlander,
Bouchard, Margules & Friedlander, PA, John M. Seaman, Bouchard,
Margules & Friedlander, PA, Kevin R. Corlew, Shook, Hardy & Bacon
LLP, Rebecca J. Schwartz, Shook, Hardy & Bacon LLP, Richard H.
Monk, III, Bradley, Arant, Boult, Cummings, LLP, Robert S.
Bassman, Bassman Mitchell & Alfano, Chtd. & Tristan L. Duncan,
Shook, Hardy & Bacon LLP.

G and M Oil Company, Inc., Defendant, represented by Elizabeth A.
Culley, Jeffer, Mangels, Butler & Mitchell, LLP & Kenneth A.
Ehrlich, Elkins Kalt Weintraub Reuben Gartside LLP.

G and M Oil Company, LLC., Defendant, represented by Elizabeth A.
Culley, Jeffer, Mangels, Butler & Mitchell, LLP, Kenneth A.
Ehrlich, Elkins Kalt Weintraub Reuben Gartside LLP, Paul A.
Kroeger, Jeffer, Mangels, Butler & Mitchell, LLP & Timothy D.
Martin, Jeffer, Mangels, Butler & Mitchell, LLP.

United El Segundo, Inc., Defendant, represented by Mark B.
Gilmartin, Mark B. Gilmartin Law Offices.

World Oil Corporation, Defendant, represented by Michael G. Romey,
Latham & Watkins LLP & Monica Klosterman, Latham & Watkins LLP.
USA Petroleum Corporation, Defendant, represented by Craig J. de
Recat, Manatt Phelps & Phillips, LLP & Robert Roy Begland, Manatt
Phelps & Phillips, LLP.

Speedway SuperAmerica, LLC, Defendant, represented by A. Bradley
Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy &
Bacon LLP, Daniel B. Hodes, Rouse Hendricks German May, James P.
Muehlberger, Shook, Hardy & Bacon LLP, Kevin R. Corlew, Shook,
Hardy & Bacon LLP, Rebecca J. Schwartz, Shook, Hardy & Bacon LLP,
Robert S. Bassman, Bassman Mitchell & Alfano, Chtd. & Tristan L.
Duncan, Shook, Hardy & Bacon LLP.

M.M. Fowler, Inc., Defendant, represented by Daniel B. Hodes,
Rouse Hendricks German May, James C. Adams, II, Brooks Pierce
McLendon Humphrey & Leonard, LLP & Richard M. Hutson, II, Hutson
Law Office PA.

Sheetz, Inc., Defendant, represented by A. Bradley Bodamer, Shook,
Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP, Daniel B.
Hodes, Rouse Hendricks German May, James P. Muehlberger, Shook,
Hardy & Bacon LLP, Kevin R. Corlew, Shook, Hardy & Bacon LLP,
Rebecca J. Schwartz, Shook, Hardy & Bacon LLP, Robert S. Bassman,
Bassman Mitchell & Alfano, Chtd. & Tristan L. Duncan, Shook, Hardy
& Bacon LLP.

Wawa, Inc., Defendant, represented by A. Bradley Bodamer, Shook,
Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP, Daniel B.
Hodes, Rouse Hendricks German May, James P. Muehlberger, Shook,
Hardy & Bacon LLP, Kevin R. Corlew, Shook, Hardy & Bacon LLP,
Rebecca J. Schwartz, Shook, Hardy & Bacon LLP, Robert S. Bassman,
Bassman Mitchell & Alfano, Chtd. & Tristan L. Duncan, Shook, Hardy
& Bacon LLP.

Sams East, Defendant, represented by Kurt D. Williams, Berkowitz
Oliver Williams Shaw & Eisenbrandt, LLP, Brian L. Duffy, Greenberg
Traurig LLP & Naomi G. Beer, Greenberg Traurig LLP.

Valero Energy Group, Defendant, represented by Patrick J. Whalen,
Spencer Fane Britt & Browne LLP, Selena L. Evans, Dowd Bennett
LLP, C. William Frick, Akin Gump Strauss Hauer & Feld, LLP, James
F. Bennett, Dowd Bennett LLP & Megan S. Heinsz, Dowd Bennett LLP.

PTCAA Texas, LP, Defendant, represented by A. Bradley Bodamer,
Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy & Bacon LLP,
Daniel B. Hodes, Rouse Hendricks German May, James P. Muehlberger,
Shook, Hardy & Bacon LLP, Kevin R. Corlew, Shook, Hardy & Bacon
LLP, Rebecca J. Schwartz, Shook, Hardy & Bacon LLP & Tristan L.
Duncan, Shook, Hardy & Bacon LLP.

Mobil Oil Guam Inc., Defendant, represented by David J. Lender,
Weil, Gotshal & Manges, LLP, David R. Singh, Weil, Gotshal &
Manges, LLP, James W. Quinn, Weil, Gotshal & Manges, LLP, Kevin F.
Meade, Weil, Gotshal & Manges, LLP, Patrick J. Conlon, Exxon Mobil
Corporation & Taylor Fields, Fields & Brown, LLC.

Shell Guam Inc., Defendant, represented by Abby L. Risner,
Greensfelder, Hemker & Gale, PC, David M. Harris, Greensfelder,
Hemker & Gale, PC, David J. Simmons, Greensfelder, Hemker & Gale,
PC & Gregory C. Mollett, Greensfelder, Hemker & Gale, PC.

EZ Mart Stores Inc, Defendant, represented by Daniel B. Hodes,
Rouse Hendricks German May, John J. Griffin, Jr., Crowe & Dunlevy
& Sherry P. Bartley, Mitchell Williams Law.

Flash Market Inc, Defendant, represented by Daniel B. Hodes, Rouse
Hendricks German May & Sherry P. Bartley, Mitchell Williams Law.
Hess Oil Company, Defendant, represented by Thomas B. Staley,
Robinson Staley Marshall & Duke.

J & P Flash Inc., Defendant, represented by Brian F. Walthart,
Rieves, Rubens & Mayton, Daniel B. Hodes, Rouse Hendricks German
May & Sherry P. Bartley, Mitchell Williams Law.

Magness Oil Company, Defendant, represented by Byron Freeland,
Mitchell Williams Law, Daniel B. Hodes, Rouse Hendricks German May
& Sherry P. Bartley, Mitchell Williams Law.

B-B Oil Company, Inc., Defendant, represented by Byron Freeland,
Mitchell Williams Law, Daniel B. Hodes, Rouse Hendricks German May
& Sherry P. Bartley, Mitchell Williams Law.

Coulson Oil Company, Inc., Defendant, represented by Byron
Freeland, Mitchell Williams Law, Daniel B. Hodes, Rouse Hendricks
German May & Sherry P. Bartley, Mitchell Williams Law.

Diamond State Oil LLC, Defendant, represented by Byron Freeland,
Mitchell Williams Law, Daniel B. Hodes, Rouse Hendricks German May
& Sherry P. Bartley, Mitchell Williams Law.

Port Cities Oil LLC, Defendant, represented by Byron Freeland,
Mitchell Williams Law, Daniel B. Hodes, Rouse Hendricks German May
& Sherry P. Bartley, Mitchell Williams Law.

Murphy Oil Corporation, Defendant, represented by A. Bradley
Bodamer, Shook, Hardy & Bacon LLP, Amy Crouch, Shook, Hardy &
Bacon LLP, Kevin R. Corlew, Shook, Hardy & Bacon LLP, Rebecca J.
Schwartz, Shook, Hardy & Bacon LLP & Tristan L. Duncan, Shook,
Hardy & Bacon LLP.

Maverik Country Stores, Inc., Defendant, represented by Brian R.
Markley, Stinson Leonard Street LLP & Cameron M. Hancock, Kirton &
McConkie.

Dansk Investment Group, Inc., Defendant, represented by Robert Roy
Begland, Manatt Phelps & Phillips, LLP.

Brown-Thompson General Partnership, Defendant, represented by
David B. Donchin, Durbin, Larimore & Bialick, James K. Larimore,
Durbin, Larimore & Bialick & Mark E. Bialick, Durbin, Larimore &
Bialick.

Esso Virgin Islands, Inc., Defendant, represented by David J.
Lender, Weil, Gotshal & Manges, LLP, David R. Singh, Weil, Gotshal
& Manges, LLP & Kevin F. Meade, Weil, Gotshal & Manges, LLP.

Domino Oil Co., Inc., Defendant, represented by Vincent A. Fuller,
Jr., Law Offices of Vincent A. Fuller, Jr..

Chevron Caribbean, Inc., Defendant, represented by Heather L.T.
Potts, Latham & Watkins LLP.

Sam's West, Inc., Defendant, represented by Brian L. Duffy,
Greenberg Traurig LLP & Naomi G. Beer, Greenberg Traurig LLP.
TravelCenters of America Holding Company LLC, Defendant,
represented by Samira A. Omerovic, Ropes & Gray LLP.

Owner-Operator Independent Drivers Association (OOIDA),
Miscellaneous, represented by George A. Zelcs, Korein Tillery,
LLC, Christie R. Deaton, Korein Tillery, LLC, John A. Libra,
Korein Tillery, LLC, Robert King & Stephen M. Tillery, Korein
Tillery, LLC.

Judicial Panel on Multidistrict Litigation, represented by Jeffrey
N. Luthi, Clerk of the MDL Panel.

Michael Gauthreaux, Interested Party, represented by
Petroleum Marketers and Convenience Store Association of Kansas,
Inc., Interested Party, represented by Joseph M. Weiler, Alderson,
Alderson, Weiler, Conklin, Burghart & Crow, LLC.

Petroleum Marketers and Convenience Store Association of Kansas,
Inc., Interested Party, represented by Robert S. Bassman, Bassman
Mitchell & Alfano, Chtd..

NATSO, Inc., Interested Party, represented by Alphonse M. Alfano,
Bassman Mitchell & Alfano, Chtd., Kendall Millard, Barnes &
Thornburg LLP & Robert S. Bassman, Bassman Mitchell & Alfano,
Chtd..

NACS - The Association for Convenience & Petroleum Retailing,
Interested Party, represented by John F. O'Connor, Jr., Steptoe &
Johnson LLP.

Society of Independent Gasoline Marketers of America, Interested
Party, represented by John F. O'Connor, Jr., Steptoe & Johnson
LLP.

CIOMA, Interested Party, represented by Robert S. Bassman, Bassman
Mitchell & Alfano, Chtd. & Rusty Rinehart, Rinehart Law Office.
Petroleum Marketers Association of America, Inc., Interested
Party, represented by Robert S. Bassman, Bassman Mitchell &
Alfano, Chtd..

Attorney General of Texas, Interested Party, represented by Bruce
V. Griffiths, Office of the Attorney General.

Daryl Chilmidios, Objector, represented by Richard C. Wallace,
Evans & Mullinix, PA & Lawrence W. Schonbrun, Law Offices of
Lawrence W. Schonbrun.

Bonnie Anderson, Objector, represented by Kenneth E. Nelson,
Nelson Law Firm, P.C..

David Kenner, Objector, represented by Kenneth E. Nelson, Nelson
Law Firm, P.C..

Mike McKerley, Objector, represented by Kenneth E. Nelson, Nelson
Law Firm, P.C..

Carroll Putnam, Objector, represented by Kenneth E. Nelson, Nelson
Law Firm, P.C..

Karen Waldvogel, Objector, represented by Kenneth E. Nelson,
Nelson Law Firm, P.C..

Charles Zuravin, Objector, represented by Kenneth E. Nelson,
Nelson Law Firm, P.C..

James Phillips, Objector, represented by Kenneth E. Nelson, Nelson
Law Firm, P.C..

Michael Sandoval, Objector, represented by Kenneth E. Nelson,
Nelson Law Firm, P.C..

Jeffrey Weinstein, Objector, represented by Jeffrey L. Weinstein,
Weinstein Law.


CREDIT PAYMENT: "Kristensen" Plaintiff Counsel Awarded $8,736
-------------------------------------------------------------
Magistrate Judge Peggy A. Leen of the U.S. District Court for the
District of Nevada, ordered that plaintiff in the lawsuit styled
FLEMMING KRISTENSEN, Plaintiff, v. CREDIT PAYMENT SERVICES, INC.,
et al., Defendants, CASE NO. 2:12-CV-00528-APG-PAL (D. Nev.), is
awarded attorney's fees in the amount of $8,736 for 22.4 hours of
work performed at the rate of $390 per hour.  A full-text copy of
Magistrate Leen's Order is available at http://is.gd/prDkaWfrom
Leagle.com.

Flemming Kristensen, Plaintiff, represented by John Benedict, Law
Offices of John Benedict, John C. Ochoa, Edelson P.C., Rafey S
Balabanian, Edelson McGuire, LLC & Ryan David Andrews, Edelson
P.C.

Credit Payment Services Inc., Defendant, represented by Gregory T.
Wolf, Esq. -- gregory.wolf@dentons.com -- Dentons US LLP, Martin
L. Welsh, Law Office of Hayes & Welsh & Steven Martin Aaron, Esq.
-- steven.aaron@dentons.com -- Dentons US LLP.

Enova International, Inc., Defendant, represented by Brian Patrick
O'Meara, Forde Law Offices LLP, Dan R Waite, Esq. --
DWaite@LRRLaw.com -- Lewis Roca Rothgerber, LLP, John E. Bragonje,
Esq. -- JBragonje@LRRLaw.com -- Lewis Roca Rothgerber, LLP &
Steven Martin Aaron, Dentons US LLP.

Pioneer Financial Services, Inc., Defendant, represented by Chad
R. Fears, Esq. -- cfears@swlaw.com -- Snell & Wilmer, LLP, James
M. Humphrey, IV, Esq. -- jhumphrey@polsinelli.com -- Polsinelli
PC, Robert V Spake, Esq. -- rspake@polsinelli.com -- Polsinelli,
Russell S. Jones, Jr., Esq. -- rjones@polsinelli.com -- Polsinelli
P.C. & Steven Martin Aaron, Dentons US LLP.

Leadpile LLC, Defendant, represented by Kevin Christopher Collins,
Esq. -- cory.collins@huschblackwell.com -- Husch Blackwell LLP,
Michael K. Alston, Esq. -- michael.alston@huschblackwell.com --
Husch Blackwell LLP, Ryan W. Mitchem, Esq. --
ryan.mitchem@huschblackwell.com -- Husch Blackwell LLP, Patricia
Lee, Esq. -- plee@hutchlegal.com -- Hutchison & Steffen & Steven
Martin Aaron, Dentons US LLP.

Click Media LLC, Defendant, represented by Jeffrey M. Rosenfeld,
Esq. -- jeff@KRInternetLaw.com -- Kronenberger Rosenfeld, LLP,
Karl S. Kronenberger, Esq. -- karl@KRInternetLaw.com --
Kronenberger Burgoyne, LLP, Virginia A Sanderson, Esq. --
ginny@KRInternetLaw.com -- Kronenberger Burgoyne, LLP & John H.
Gutke, Esq. -- jgutke@foxrothschild.com -- Fox Rothschild LLP.


DANAHER: Insurer Must Pay $8.8MM in Legal Fees in Asbestos Suit
---------------------------------------------------------------
Christine Simmons, writing for New York Law Journal, reports that
a Southern District magistrate judge has recommended that an
insurer pay $8.8 million in legal fees and potentially as much as
$4 million in interest incurred by a company defending asbestos
claims around the country.

In approving billing rates for 14 law firms, including Sidley
Austin, DLA Piper and Nixon Peabody, Magistrate Judge James
Francis in Danaher v. Travelers, 10-cv-0121, said that a
reasonable fee must be based on a reasonable hourly rate.  "It
need not be the lowest possible rate, but, rather, must merely
fall within a range of reasonableness," Judge Francis said.

The fees stem from a dispute over insurance coverage for claims
against Chicago Pneumatic Tool Co.  The company has been the
defendant in silica- and asbestos-related products liability
claims throughout the U.S., many brought by individuals claiming
to have lung injuries due to exposure from air compressors made by
Chicago Pneumatic.

The company was acquired by Danaher, a manufacturing and
technology company, which then sold its stock in Chicago Pneumatic
to engineering firm Atlas Copco North America.  Under the terms of
the stock purchase agreement, Danaher retained liability for
losses arising from products made by Chicago Pneumatic before June
1987 and obtained rights to receive the proceeds of insurance
policies covering those losses.

Travelers Casualty and Surety Co. and affiliate Travelers
Indemnity Co. issued liability policies to Chicago Pneumatic for a
number of years.

In January 2010, Danaher sued Travelers, contending the Travelers
entities were disputing their obligations to fully defend Danaher
and pay defense costs.  Shortly after, Travelers sued Atlas Copco,
seeking a declaration that Travelers was not required to defend or
indemnify it in the underlying actions.

After more than two years of discovery, Judge J. Paul Oetken
granted partial summary judgment in September 2012 to Atlas Copco
and Danaher, ruling that Travelers had a duty to defend in the
underlying claims.

Last August, Danaher and Atlas Copco sought reimbursement from
Travelers of about $8.8 million for the defense of the underlying
claims, plus pre-judgment interest.  But Travelers complained that
certain rates were unreasonably high.  It identified 14 firms,
litigating in 11 states, whose hourly rates purportedly exceed
Travelers' approved rates for those specific firms or the rates
charged by similar firms defending bodily injury claims in their
legal communities.
Travelers said the 14 firms were responsible for more than half of
the total defense costs generated.

"Travelers appears to misunderstand the issue here," Judge Francis
said.

For example, Travelers challenged the hourly rates of lawyers at
five firms that defended Danaher or its predecessors in litigation
in California, including DLA Piper, Sidley Austin, Nixon Peabody,
Gordon & Rees, and Prindle, Amaro, Goetz, Hillyard, Barnes &
Reinholtz.

After citing standard rates from a billing survey, Judge Francis
said he found five firms charged rates "within the range of
reasonableness for attorneys in California."

Judge Francis also did not find issues with hourly rates from
Starnes & Atchison in Alabama; McCarter & English in Delaware;
Johnson & Bell in Illinois; Polsinelli in Missouri; Nixon Peabody
in New Hampshire; White & Williams in Pennsylvania; Nelson,
Mullins, Riley & Scarborough in South Carolina; Willcox & Savage
in Virginia; and Schwabe Williamson & Wyatt and DLA Piper in
Washington state.

The firm of Hardin, Kundla, McKeon & Poletto in New Jersey
defended Chicago Pneumatic in New York, with Danaher paying its
partner rates of $180 an hour and associate rates of $155.  The
judge noted "these rates are significantly lower than the rates
Travelers routinely pays attorneys and staff litigating in New
York."

Judge Francis said Danaher produced sufficient support to
determine that each of the challenged rates was within the range
of reasonableness.

Atlas Copco sought about $234,000 from Travelers that it incurred
to defend the declaratory judgment action through September 2012,
plus interest.  Atlas cited the work of several Reed Smith
insurance recovery attorneys, with hourly rates ranging from $730
for partner Ann Kramer -- akramer@reedsmith.com -- and $550 for
partner Paul Breene -- pbreene@reedsmith.com -- to an associate
billing at $340, in addition to support staff charges.

Judge Francis said his own research confirmed that the rates for
Reed Smith attorneys "are not unreasonable in this market."

"The fact that counsel and client agreed to reduce certain rates
does not necessarily mean, as Travelers argues, that the original
rates were outside the realm of reasonableness," the judge said.

"I will not accept Travelers' invitation to decrease each
timekeeper's hourly rates to the lowest rate that timekeeper
charged."

In all, Judge Francis recommended that Atlas Copco be awarded
$234,490 in attorney's fees and costs, plus statutory pre-judgment
interest.  He also recommended that Danaher and Atlas Copco be
reimbursed $8.8 million plus statutory pre-judgment interest,
which the companies reported was about $4.1 million.

Mr. Breene, the Reed Smith partner representing Atlas Copco, said
he was pleased with the ruling and that "the law significantly
favored us here."

Danaher's attorneys, McCarter & English partners Gita Rothschild
-- grothschild@mccarter.com -- and Brian Osias --
bosias@mccarter.com -- and Travelers' attorney, Robert Mauriello
Jr. -- rmauriello@grahamcurtin.com -- a shareholder at Graham
Curtin, did not return messages seeking comment.


DART CHEROKEE: Ruling Impacts Class Certification Order Practice
----------------------------------------------------------------
Scott E Gant, Esq. and Christopher L. Hayes, Esq. of Boies,
Schiller & Flexner, in an article Law.com, report that the U.S.
Supreme Court's decision in Dart Cherokee Basin Operating Company
v. Owens, issued December 15, has received notice among class
action practitioners for establishing that parties seeking to
remove class actions to federal court under the Class Action
Fairness Act (CAFA) do not need to include with their removal
filing evidence showing that the amount in controversy exceeds $5
million to establish jurisdiction.  Little noted, however, is
Dart's implication for another important aspect of class action
practice.

The case also resolves uncertainty about whether the Supreme Court
has jurisdiction to review a district court's interlocutory order
granting or denying class certification when the court of appeals
has declined to review the order.

The plaintiff in Dart filed a putative class action in state court
seeking an unspecified amount in royalties under oil and gas
leases with defendants.  The defendants filed a notice of removal
in federal court under CAFA, which gives federal district courts
jurisdiction over certain class actions in which damages exceed $5
million.  Defendants' notice of removal alleged that the amount in
controversy was $8.2 million, but they did not submit evidence to
substantiate the allegation with their notice.

Plaintiffs sought remand to state court on the ground that
defendants' bare allegation was insufficient to invoke the federal
court's jurisdiction.  The district court agreed with the
plaintiff and entered an order remanding the case to state court.

In most circumstances, remand orders are "not reviewable on appeal
or otherwise" 28 U.S.C. Sec. 1447(d), but in cases invoking CAFA,
"a court of appeals may accept an appeal from an order of a
district court granting or denying a motion to remand." 28 U.S.C.
Sec. 1453(c)(1).  The defendants accordingly filed a petition
asking the U.S. Court of Appeals for the Tenth Circuit for
permission to appeal the order, but the appeals court denied the
request.  The Dart defendants then filed a petition for
certiorari, which the Supreme Court granted. On the merits, the
court concluded that the remand order was inappropriate because
the defendants' "short and plain statement" of the amount in
controversy met the statutory jurisdictional threshold in CAFA.

The court reached this conclusion despite a challenge to its
jurisdiction raised in an amicus brief suggesting that the court
lacked subject matter jurisdiction because certiorari jurisdiction
is limited to "[c]ases in the courts of appeals" 28 U.S.C.
Sec. 1254(1).  The Supreme Court rejected these concerns, holding
that "[t]he case was 'in' the Court of Appeals because of Dart's
leave-to-appeal application, and we have jurisdiction to review
what the Court of Appeals did with that application."  And
although four justices dissented on the merits, only Justice
Clarence Thomas expressly rejected the court's determination on
jurisdiction, writing a separate dissenting opinion to address the
issue.

The Dart decision concerning jurisdiction has important
implications for the appeal of interlocutory class certification
orders.  Ordinarily, interlocutory orders are not appealable.  But
as with remand orders, the courts of appeals have been given
discretion to "permit an appeal from an order granting or denying
class-action certification." Fed. R. Civ. P. 23(f).  Prior to
Dart, it was unclear whether petitioning a court of appeals to
permit an appeal of a district court's order on a motion for
certification placed the "case[] in the court of appeals," and
therefore within the ambit of the Supreme Court's certiorari
jurisdiction.

Now, under Dart, a request for permission to appeal renders the
case "in" the court of appeals, giving rise to certiorari
jurisdiction.  Consequently, if a court of appeals refuses to
review a class certification order issued by a district court,
Dart has effectively established that the Supreme Court
nevertheless may undertake review of the trial court's class
certification determination.

This development is significant because a decision on class
certification can be the most important moment in a case.  Refusal
to certify is likely to deprive the plaintiff of incentives
necessary to continue prosecuting the case.  On the other side,
certification of a class may increase the defendant's exposure to
such an extent that settlement is the only reasonable choice.

For parties on either side who have lost at certification, the
Dart holding makes it clear that they have a comparatively
inexpensive shot at avoiding an unfavorable certification order by
seeking Supreme Court review.  Where, as in Dart, there is a
strong case that a district court committed legal error, which the
court of appeals refused to review, a petition for certiorari
should now be strongly considered.  And even in cases where it is
harder to establish an abuse of discretion, after Dart, seeking
certiorari may be a worthwhile Hail Mary pass.

Scott E. Gant is a partner and Christopher L. Hayes is counsel at
Boies, Schiller & Flexner, where their practices include class
action and appellate litigation.


DENVER INSTITUTE: Court Issues Protective Order in "Ortega" Suit
----------------------------------------------------------------
Magistrate Judge Michael E. Hegarty of the United States District
Court for the District of Colorado on Jan. 23, 2015, issued a
protective order in the lawsuit styled NICOLE ORTEGA, on behalf of
herself and all similarly situated persons, Plaintiff, v. DENVER
INSTITUTE L.L.C., d/b/a Aveda Institute Denver, a Nevada limited
liability company; and DALE L. LEMONDS, Defendant, CIVIL ACTION
NO. 14-CV-01351-MEH (D. Colo.), to apply to all documents,
materials, and information, including without limitation,
documents produced, answers to interrogatories, responses to
requests for admission, deposition testimony, and other
information disclosure pursuant to the disclosure or discovery
duties created by the Federal Rules of Civil Procedure.

A full-text copy of the Protective Order is available at
http://is.gd/jKvwBwfrom Leagle.com.

Nicole Ortega, on behalf of herself and all similarly situated
persons, Plaintiff, represented by Leon Marc Greenberg, Leon
Greenberg, Attorney At Law & Brian David Gonzales, The Law Offices
of Brian D. Gonzales.

Denver Institute L.L.C., Defendant, represented by Gregory Alan
Eurich, Esq. -- geurich@hollandhart.com -- Holland & Hart, LLP &
Joseph Neguse, Esq. -- jneguse@hollandhart.com -- Holland & Hart,
LLP.

Dale L. LeMonds, Defendant, represented by Gregory Alan Eurich,
Holland & Hart, LLP & Joseph Neguse, Holland & Hart, LLP.


ELDORADO RESORTS: Partial Dismissal Bid of "Hardwick" Suit Okayed
-----------------------------------------------------------------
Judge James C. Mahan of the United States District Court for the
District of Nevada issued an order dated Jan. 26, 2015, granting
defendants El Dorado Resorts Corporation, Michael Marrs, Bruce
Polansky, Kristen Beck, and James Grimes's motion for partial
dismissal of the complaint in the lawsuit styled CHRISTINE M.
HARDWICK, Plaintiff(s). v. ELDORADO RESORTS CORPORATION, et al.,
Defendant(s), CASE NO. 2:14-CV-1651 JCM (VCF)(D. Nev.).  Judge
Mahan also dismissed without prejudice Counts II, III, V, VI, VII,
VIII, IX, X, XI, and XII of the plaintiff's complaint.

A full-text copy of the Order is available at http://is.gd/daVvs6
from Leagle.com.

Christine M Hardwick, Plaintiff, represented by Brian S. Letofsky,
Esq. -- Brian.Letofsky@wl-llp.com -- Watkins & Letofsky, LLP &
Daniel R Watkins, Esq. -- dw@wl-llp.com -- at Watkins and
Letofsky.

Eldorado Resorts Corporation, Defendant, represented by Anthony L.
Martin, Esq. -- anthony.martin@ogletreedeakins.com -- Ogletree,
Deakins, Nash, Smoak & Stewart, P.C., Z. Kathryn Branson, Esq. --
katy.branson@ogletreedeakins.com -- Ogletree Deakins Nash Smoak &
Stewart, P.C. & Jill Garcia, Esq. --
jill.garcia@ogletreedeakins.com -- Ogletree, Deakins, Nash, Smoak
& Stewart, P.C.

Kristen Beck, Defendant, represented by Anthony L. Martin,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Z. Kathryn
Branson, Ogletree Deakins Nash Smoak & Stewart, P.C. & Jill
Garcia, Ogletree, Deakins, Nash, Smoak & Stewart, P.C..

Bruce Polansky, Defendant, represented by Anthony L. Martin,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Z. Kathryn
Branson, Ogletree Deakins Nash Smoak & Stewart, P.C. & Jill
Garcia, Ogletree, Deakins, Nash, Smoak & Stewart, P.C..

Michael Marrs, Defendant, represented by Anthony L. Martin,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Z. Kathryn
Branson, Ogletree Deakins Nash Smoak & Stewart, P.C. & Jill
Garcia, Ogletree, Deakins, Nash, Smoak & Stewart, P.C..

James Grimes, Defendant, represented by Anthony L. Martin,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Z. Kathryn
Branson, Ogletree Deakins Nash Smoak & Stewart, P.C. & Jill
Garcia, Ogletree, Deakins, Nash, Smoak & Stewart, P.C..


ENERGY RECOVERY: Rosen Law Firm Files Securities Class Action
-------------------------------------------------------------
The Rosen Law Firm on Jan. 20 disclosed that it has filed a class
action lawsuit on behalf of purchasers of Energy Recovery, Inc.
securities from March 14, 2012 through January 13, 2015. The
lawsuit seeks to recover damages for Energy Recovery investors
under the federal securities laws.

To join the Energy Recovery class action, go to the website at
http://www.rosenlegal.com/cases-476.htmlor call Phillip Kim, Esq.
or Kevin Chan, Esq. toll-free at 866-767-3653 or email
pkim@rosenlegal.com or kchan@rosenlegal.com for information on the
class action.  The suit is pending in U.S. District Court for the
Northern District of California.

NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS
IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT
THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE.

According to the lawsuit, Energy Recovery issued materially false
and misleading statements to investors by failing to disclose
significant internal control deficiencies that rendered the
Company's periodic reports filed with the SEC false and
misleading.  On September 10, 2014, Energy Recovery announced that
it terminated its Senior Vice President of Sales, Borja Sanchez-
Blanco, for cause after becoming aware of him having breached a
duty of trust and engaging in misconduct involving his role at the
Company over the course of several years.  On January 13, 2015,
Energy Recovery announced the resignation of its CEO, Thomas S.
Rooney, Jr.  The suit claims that these adverse disclosures caused
the price of the Company's stock to drop, damaging investors.
A class action lawsuit has already been filed.  If you wish to
serve as lead plaintiff, you must move the Court no later than
March 23, 2015.  If you wish to join the litigation go to
http://www.rosenlegal.com/cases-476.htmlor to discuss your rights
or interests regarding this class action, please contact,
Phillip Kim, Esq. or Kevin Chan, Esq. of The Rosen Law Firm toll
free at 866-767-3653 or via e-mail at pkim@rosenlegal.com or
kchan@rosenlegal.com.

The Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation.


FAMILY DOLLAR: Recalls Tough Treadz Auto Carrier Toys
-----------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Family Dollar Services, Inc., of Matthews, N.C., announced a
voluntary recall of about 254,000 Tough Treadz Auto Carrier.
Consumers should stop using this product unless otherwise
instructed.  It is illegal to resell or attempt to resell a
recalled consumer product.

The die-cast metal cars can have sharp edges that pose a
laceration hazard.

This recall involves a plastic toy truck with a plastic case that
holds 6 die-cast metal toy cars in assorted colors. The truck is
14 inches long x 3 inches wide x 5 inches high. The cab of the
truck comes in black, blue or red.  The package is labeled as
"Tough Treadz Auto Carrier" and has a white sticker in the upper
right-hand corner with "$5" and "SKU 1004247" printed in red.  The
UPC code appears on a label on the back stating "Made in China."
The following UPC codes are included in this recall: 678565114083,
678565114090, 678565114106.

No consumer injuries have been reported.

Pictures of the Recalled Products available at:
http://is.gd/UGM3bk

The recalled products were manufactured in China and sold at
Family Dollar Stores nationwide from September 2014 through
December 2014 for about $5.

Consumers should immediately stop using the recalled toy sets,
take them away and return them to any Family Dollar Stores
location for a full refund.


FARUQI & FARUQI: Judge Narrows Discrimination Claim
---------------------------------------------------
Christine Simmons, writing for New York Law Journal, reports that
Southern District Judge Alvin Hellerstein has narrowed a woman's
lawsuit against class action boutique Faruqi & Faruqi, dismissing
claims against the firm's principals.

A trial is underway in former associate Alexandra Marchuk's
discrimination suit against partner Juan Monteverde and principals
Nadeem Faruqi and Lubna Faruqi.  Ms. Marchuk claims Mr. Monteverde
harassed her when she was a first-year litigation associate and
sexually assaulted her after a 2011 holiday party.

After the defense moved for judgment as a matter of law, Judge
Hellerstein ruled on Jan. 28 in Marchuk v. Faruqi & Faruqi, 13-
1669, that the case would proceed against only Mr. Monteverde and
Faruqi & Faruqi and be limited to only her claim of a hostile work
environment.

Judge Hellerstein said Ms. Marchuk introduced sufficient evidence
for a jury to find that Monteverde created a hostile work
environment claim under state law but failed to present evidence
allowing a reasonable jury to conclude that the firm or its
principals encouraged, condoned or approved of the alleged
discriminatory conduct.

He dismissed another hostile work environment claim under the city
law against the principals but not the firm.

Judge Hellerstein said Ms. Marchuk also failed to satisfy the
elements needed to prove unlawful retaliation under Title VII and
state human rights law.  He said her complaint "was as replete
with incendiary language and vituperative attacks as any complaint
I have seen" and "the decision to file this unprofessional
document thus reflects an intent to extend the litigation from the
courts to the press."

But he said Ms. Marchuk's Title VII hostile work environment claim
"offered sufficient proof for a jury to conclude that
Mr. Monteverde was her supervisor and that his conduct, if true,
was sufficiently severe to compel a reasonable person to resign.
There is nothing else she needs to show to impute Mr. Monteverde's
conduct to Faruqi & Faruqi," he said.


FEDEX CORP: Faces Suit Over Hidden International Shipping Fees
--------------------------------------------------------------
Legal Newsline reports that a class action lawsuit filed against
FedEx alleges the company doesn't disclose its fees for
international shipping.

Seyed Kazerouni filed the lawsuit against FedEx on Jan. 14,
claiming the company adds its own "advancement fee" for all
internationally shipped packages.  The fee is $6.50, or two
percent of the overall customs fee, whichever is greater, the
lawsuit said.  Package recipients must pay customs fees for any
packages they receive, but FedEx charges the advancement fee to
increase its revenues, the lawsuit said.

"FedEx does not disclose the existence of this advancement fee
until it is already due and owing, and likewise, it does not
provide the package recipient with any alternative options
beforehand to avoid the added cost," the lawsuit said.  "As part
of claiming the package, the recipient must pay the undisclosed
advancement fee or risk having FedEx direct the debt to a
collections agency or not deliver the package."

Mr. Kazerouni said he ordered several World Cup jerseys online and
agreed to pay FedEx $23 for shipping.  A week after receiving the
package, he received an invoice from FedEx demanding $91.22 for
"duties, tax, customs, other fees," the lawsuit said.

The suit seeks class status and more than $5 million in damages
against FedEx.

Mr. Kazerouni is represented by Samuel Lasser, Rafey Balabanian --
rbalabanian@edelson.com -- Benjamin Richman and Courtney Booth --
cbooth@edelson.com -- of Edelson PC.

United States District Court for the Central District of
California case number 8:15-cv-00060


FORD MOTOR: Faces Class Action Over Explorer Carbon Monoxide Leaks
------------------------------------------------------------------
Legal Newsline reports that a class action lawsuit claims Ford
Motor Co. knew about possible carbon monoxide leaking into the
vehicles but did not inform potential buyers.

Lyliana Salinas filed the lawsuit in U.S. District Court for the
Southern District of Texas against Ford on Jan. 14 alleging its
Explorer models from 2011 through 2015 could leak exhaust fumes
into the vehicle when the climate control system was in use.

Several technical service bulletins were issued by Ford
acknowledging the problem and reporting that customers could smell
a sulfur odor.  The lawsuit claims the bulletins don't acknowledge
that carbon monoxide could enter the vehicle.

Ms. Salinas says she purchased a pre-owned 2013 Ford Explorer
Sport in September and brought the vehicle into Ford dealerships
due to the fumes entering the vehicle.  Ms. Salinas claims she
could still smell the fumes even after a dealership attempted to
fix the problem through the instructions given on the technical
service bulletin.

"When the exhaust odor is present, plaintiff and her minor
daughters often become nauseated, develop headaches, feel dizzy
and develop a burning sensation in their eyes and stomach," the
lawsuit said.

Ms. Salinas is represented by Frank Costilla of the Law Office of
Frank Costilla and John L. Uustal of Kelley/Uustal, PLC.

United States District Court for the Southern District of Texas-
McAllen Division case number 7:15-cv-00011.


FUCCILLO AUTO: Class Action Attorneys Get $750,000 in Legal Fees
----------------------------------------------------------------
Robert Gavin, writing for Times Union, reports that the defendant
in this federal class-action lawsuit, filed by car shoppers who
bought auto theft protection packages, was none other than auto
giant Billy Fuccillo.

Mr. Fuccillo's face, voice and signature catchphrase -- "It's
H-U-G-E!" -- are as well-known across upstate as snow, chicken
wings and the Adirondacks.

The Skaneateles resident and founder of Fuccillo Automotive Group
is a hugely successful businessman.  Consider this: He once sold
514 cars in one day.

But the hugest winners in this instance are the attorneys for
5,320 consumers who sued Fuccillo's operation. On Dec. 18, U.S.
District Court Senior Judge Lawrence Kahn awarded the plaintiffs'
attorneys $750,000 in legal fees as stipulated in a settlement
finalized in November.

The plaintiffs will each receive $160 of the original $295 they
paid for the service that led to the lawsuit.  That's a total of
$851,200.  And Fuccillo and his company are allowed to deny all
the allegations they faced as part of the $1.6 million settlement.

In 2009 Fuccillo's automotive group -- officially named It's Huge
Inc. -- was sued by Heidi Seekamp, a Capital Region woman who
purchased an auto theft protection package with her 2007 Hyundai
Elantra.

That was the start of a $5 million class-action suit, with
plaintiffs suing Fuccillo dealerships from East Greenbush to
Amsterdam to Syracuse to Seneca Falls.  They also sued Universal
Automotive Services, a New Jersey-based outfit that provided the
auto theft protection packages, known as Auto Theft Security
Discount Guarantees.

The protection involved permanently engraving each car or truck's
vehicle identification number on a window of the vehicle, making
it easier for police to trace the stolen part.

The packages had been sold to some 16,000 consumers from January
2003 to March 2012, court papers show.

The lawsuit alleged that the theft protection packages, each
marketed as a "warranty," violated state insurance law.

In addition, the suit alleged that the packages included decals
for a 1-800 number in a "sham claim submission process" in which
claim submissions were directed to an answering service that
accepted messages that were forwarded to an inactive pager.

"Had the truth been disclosed, none of the class members would
have purchased the product since the sale was unlawful and
provided no benefit," the suit stated.

The suit alleged that the dealerships used "intentional and
willfully underhanded methods."  It said customers paid $295 for
the anti-theft packages -- even though the cost of window etching
is between $20 and $50.

And the lawsuit said Universal Automotive Services "is not now,
and never has been, a licensed insurance carrier in New York, and
therefore is not authorized to underwrite or engage in the
business of insurance in New York."

Under the settlement, Fuccillo agreed never to market or sell the
packages again.

Sergei Lemberg, an attorney for the plaintiffs, declined comment.
Attorneys representing Fuccillo in the case referred questions to
an attorney who did not provide a comment.


GENERAL MOTORS: Sued Over Alleged Defective Design of Chevy Cruze
-----------------------------------------------------------------
Susan E. Hammatt, individually, Susan E. Hammatt, as Conservator
of Christopher S. Hammatt, and Christopher S. Hammatt as
Conservatee and Robert W. Hammatt, M.D., individually v. General
Motors Company, A Delaware Company, General Motors, LLC, Chevrolet
Division Of General Motors d/b/a Chevrolet, Jimmie Johnson Kearny
Mesa Chevrolet, Select Automotive Holdings, Inc., Hendrick Co
Automotive, LLC, Takata Corporation; TK Holdings, Inc., Takata AG,
and Does 1 through 50, inclusive, Case No. 5:15-cv-00184 (C.D.
Cal., January 29, 2015) is brought for damages against the
Defendants for their alleged involvement and violations of various
statutes in the manufacture, marketing, sale, repair and
fraudulent concealment of known defects to the 2014 Chevrolet
Cruze.

The Vehicle was manufactured by General Motors (now known as the
New GM).  The Plaintiffs contend that the Defendants are
responsible for several defects in the design and manufacture of,
including Safety Systems, Airbags, Ground Faults and Ignition
Failures, that caused injury to the Plaintiffs when their 2014
Chevrolet Cruze, only after two days of ownership and with
approximately 430 miles, had a catastrophic system failure of the
known defects, causing the Vehicle to malfunction, prematurely
deploying the "side curtain" airbags.  The force of the premature
airbag deployment caused one of the Plaintiffs to suffer a
Traumatic Brain Injury taking away his career as a successful
attorney in Southern California and causing his family to lose a
father, husband and role model.

General Motors LLC is a Delaware limited liability company
headquartered in Detroit, Michigan.  General Motors LLC assumed
all trade secrets, responsibilities and designs from Old GM after
2009 and was privileged to all knowledge of Old GM.  The sole
member and owner of General Motors LLC is General Motors Holding
LLC, a Delaware limited liability company also headquartered in
Michigan.

The Plaintiff is represented by:

          Joseph M. Hoats, Esq.
          LAW OFFICES OF JOSEPH M. HOATS
          12672 Limonite Avenue, Suite 3E #345
          Corona, CA 92880
          Telephone: (310) 920-5806
          Facsimile: (626) 529-0834
          E-mail: josephhoats@hotmail.com


GENERAL MOTORS: Recalls Sierra and Silverado Models
---------------------------------------------------
Starting date:            December 22, 2014
Type of communication:    Recall
Subcategory:              Light Truck & Van
Notification type:        Safety Mfr
System:                   Powertrain
Units affected:           15
Source of recall:         Transport Canada
Identification number:    2014589
TC ID number:             2014589
Manufacturer recall
number:                   14892

On certain vehicles, rear axle shafts may not have been properly
heat treated.  An improperly heat-treated axle shaft could
fracture without warning near the hub flange resulting in
separation of a rear wheel from the axle shaft, increasing the
risk of a crash which may result in injury and/or property damage.

Dealers will inspect the manufacturing code on rear axle shafts
and replace those identified as defective.

Affected products: 2015 GMC Sierra and Chevrolet Silverado


GENERAL MOTORS: Recalls 2015 Chevrolet and GMC
----------------------------------------------
Starting date:            December 22, 2014
Type of communication:    Recall
Subcategory:              Light Truck & Van
Notification type:        Safety Mfr
System:                   Fuel Supply
Units affected:           11
Source of recall:         Transport Canada
Identification number:    2014588
TC ID number:             2014588
Manufacturer recall
number:                   14855

On certain vehicles equipped with diesel engines, a hose clamp for
the fuel tank vent line may not have been sufficiently tightened
at assembly.  This could allow the vent line to become detached
from the fuel tank, which could cause a fuel leak.  Fuel leakage,
in the presence of an ignition source, could result in a fire
causing injury and/or damage to property.

Dealers will inspect and tighten the clamp as necessary.

Affected products: 2015 CHEVROLET and GMC


GIBBS SPORTS: Recalls Quadski Vehicles Due to Injury Risk
---------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Gibbs Sports Amphibians Inc. of Auburn Hills, Mich., announced a
voluntary recall of about 320 Quadski and Quadski XL. Consumers
should stop using this product unless otherwise instructed.  It is
illegal to resell or attempt to resell a recalled consumer
product.

The handlebar can fail while the vehicle is in operation, causing
the operator to lose control of the steering and braking system of
the vehicle, posing a risk of injury.

This recall includes Gibbs' Quadski which is a one-seater and
Quadski XL which is a two-seater. The products are high speed
amphibious vehicles that are an ATV on land, and also operate on
water. The recalled vehicles have HIN numbers ranging from US-
GSA601J213 though US-GSAJ1048C414 on Quadski and US-GSAJ5001J213
though US-GSAM5203H415 on Quadski XL. HIN numbers are printed on a
plate located on the right rear corner of the vehicle. Brand and
model names are printed on the back panel and on the side of the
vehicle.

No consumer incidents have been reported. Three reports of
breakage during testing have been reported; one involved injury to
the neck of the test operator.

Pictures of the Recalled Products available at:
http://is.gd/DW3jrT

The recalled products were manufactured in United States and sold
at Gibbs Sports Amphibians dealers nationwide from January 2012
through October 2014 for about $42,000.

Consumers should immediately stop using the recalled vehicles and
contact an authorized dealer for a repair at no cost.


GOOGLE INC: Says FTC Settlement Requires Class Action Dismissal
---------------------------------------------------------------
Wendy Davis, writing for MediaPost, reports that Google recently
agreed to refund at least $19 million in order to settle "family
fraud" charges that it unfairly billed parents for their
children's in-app purchases.

The settlement, which was finalized in December, resolved FTC
allegations that Google allowed young children to rack up charges
on their parents' credit cards by making in-app purchases.

Now, Google says in court papers that its settlement with the FTC
requires dismissal of a class-action lawsuit by parents who say
they were wrongly billed for in-app purchases by their children.
"Plaintiffs in this case will obtain all of the relief to which
they would otherwise be entitled and, therefore, there is no basis
for this class action to proceed," Google says in a status report
filed on Jan. 16 with U.S. District Court Judge Ronald Whyte in
San Jose, Calif.

The company adds that it has asked the parents who sued to drop
the case, but that they have refused. "In light of Plaintiffs'
refusal, Google intends to file a motion to deny certification of
the proposed class and requests a briefing schedule to resolve
that issue," the company says.

The parents say in court papers that they "strongly disagree" with
Google's position.

The lawsuit, filed as a potential class-action in March by New
York resident Ilana Imber-Gluck, alleged that one of her two young
sons, both of whom were then under 6, purchased $65.95 worth of
in-game currency shortly after she downloaded the 99-cent app "Run
Jump Smash."

Ms. Imber-Gluck said in her complaint that Google allows parents
to purchase cheap apps for their children, but doesn't adequately
disclose that kids will be able to automatically purchase in-game
currency for a period of 30 minutes.  Other parents later joined
in the case.

Advertising law expert Rebecca Tushnet, a professor at Georgetown
Law, says that Google has a good chance of prevailing with its bid
to dismiss the case, but adds that the outcome is uncertain.

She says that some courts have ruled that companies must face
class-actions even when they offer refunds -- but that's often
because consumers don't know that refunds are available.  "In this
case, though, Google isn't just offering a refund, it's contacting
purchasers and telling them they're eligible, so continuing the
class action won't get more money for the class," she says in an
email to Online Media Daily.


INVENSENSE INC: Saxena White Files Securities Class Action
----------------------------------------------------------
Saxena White P.A. on Jan. 20 disclosed that it has filed a
securities fraud class action lawsuit in the United States
District Court for the Northern District of California against
InvenSense, Inc. on behalf of investors who purchased or otherwise
acquired the common stock of the Company during the period from
July 29, 2014 through October 28, 2014.

InvenSense is an international semiconductor company.
Specifically, the Company designs and manufactures devices which
are used to track motion (gyroscopes, accelerometers, and
compasses) and sense audio (microphones).  InvenSense offers these
devices for a variety of applications including cellular phones,
tablet computers, video game controllers, and portable navigation
devices.

The Complaint brings forth claims for violations of the Securities
Exchange Act of 1934.  The Complaint alleges that throughout the
Class Period, Defendants made false and/or misleading statements,
as well as failed to disclose material adverse facts about the
Company's business, operations, and prospects.  Specifically,
Defendants made false and/or misleading statements and/or failed
to disclose: (i) the well below average pricing arrangements
entered into by the Company and its customers, namely Samsung and
Apple; (ii) problems with manufacturing; and (iii) surplus
inventory; and (iv) that, as a result of the foregoing,
Defendants' statements were materially false and misleading at all
relevant times.

You may obtain a copy of the Complaint and join the class action
at www.saxenawhite.com

If you purchased InvenSense stock between July 29, 2014 and
October 28, 2014, inclusive, you may contact Lester Hooker --
lhooker@saxenawhite.com -- at Saxena White P.A. to discuss your
rights and interests.

If you purchased InvenSense common stock during the Class Period
of July 29, 2014 through October 28, 2014, and wish to apply to be
the lead plaintiff in this action, a motion on your behalf must be
filed with the Court no later than March 9, 2015.  You may contact
Saxena White P.A. to discuss your rights regarding the appointment
of lead plaintiff and your interest in the class action.  Please
note that you may also retain counsel of your choice and need not
take any action at this time to be a class member.

Saxena White P.A., located in Boca Raton, specializes in
prosecuting securities fraud and complex class actions on behalf
of institutions and individuals.  Currently serving as lead
counsel in numerous securities fraud class actions nationwide, the
firm has recovered hundreds of millions of dollars on behalf of
injured investors and is active in major litigation pending in
federal and state courts throughout the United States.


JANSSEN PHARMA: Lawyer Grills Plaintiff Witness in Risperdal Trial
------------------------------------------------------------------
P.J. D'Annunzio, writing for Law.com, reports that in a
contentious cross-examination of former FDA Commissioner Dr. David
Kessler by Janssen Pharmaceuticals' counsel, defense lawyer Diane
Sullivan -- diane.sullivan@weil.com -- grilled Dr. Kessler over
his fees and testimony in other drug cases.

Ms. Sullivan began her cross-examination Jan. 30 after the
plaintiff's lawyer, Thomas R. Kline -- Tom.Kline@KlineSpecter.com
-- of Kline & Specter, had concluded his questioning of Kessler in
the failure-to-warn case. The cross-examination was peppered with
objections from Kline and instances where Philadelphia Court of
Common Pleas Judge Ramy I. Djerassi told Ms. Sullivan to stop
cutting off the witness while he answered her questions.

Repeating Dr. Kessler's testimony from the day prior that drug
companies had to "tell the whole truth" to the U.S. Food and Drug
Administration about their research, Ms. Sullivan asked
Dr. Kessler, "You didn't tell the jury the whole truth in this
case here, did you Dr. Kessler?"

Dr. Kessler asked Ms. Sullivan to point out instances where he
wasn't truthful and Ms. Sullivan alleged that he was "cherry-
picking" details from Janssen emails detailing findings that
Risperdal increased levels of the hormone prolactin, and by
extension, instances of female breast tissue growth in boys.

Particularly, Ms. Sullivan focused on Dr. Kessler's testimony that
endocrinologists outside of Janssen reviewing a study of Risperdal
told Janssen to include information relating to gynecomastia in
boys over 10 years old.  Ms. Sullivan said the opposite was true;
it was Janssen that wanted to include all the details of the study
while the outside endocrinologists wanted that data omitted from
the final version of the study.

Ms. Sullivan pointed to the last page of a Janssen company email
in which an official wrote "I have no problem" including all
gynecomastia data in the study.  Ms. Sullivan said Dr. Kessler
talked about that email during direct examination, but neglected
to mention the last page to the jury.

Ms. Sullivan then moved on to the subject of Dr. Kessler's rates
for expert witness services, which Dr. Kessler acknowledged was
$1,000 per hour.  Dr. Kessler testified previously in the trial
that he had spent roughly 275 hours reviewing documents in the
case.

Additionally, Ms. Sullivan recalled Dr. Kessler's history of
testifying in cases involving other pharmaceutical companies such
as Merck, Bayer and Eli Lilly, which she said showed a pattern of
offering opinions against companies at the request of plaintiffs
lawyers.

Dr. Kessler said Ms. Sullivan's statement was inaccurate and that
he sometimes testified on behalf of pharmaceutical companies, and
in other instances, was asked by the attorneys general of Utah,
Louisiana and Kentucky to testify against Merck.

"You testify against pharma companies so much you just cut and
paste your expert reports," Ms. Sullivan said.

Mr. Kline objected and Judge Djerassi sustained, telling Sullivan,
"I think you should know better than that."

Afterward, Mr. Sullivan continued, again asserting that
Dr. Kessler consistently testified that drug companies failed to
warn "each and every time you raised your hand for $1,000 an
hour."

Mr. Kline again objected, and Judge Djerassi sustained.

"I would advise you to be careful," Judge Djerassi told Ms.
Sullivan.

Ms. Sullivan moved on, telling Dr. Kessler the FDA did not agree
with him that Risperdal was unsafe.

Dr. Kessler asked Ms. Sullivan to show him in the record where he
said Risperdal was unsafe.  He added that he wasn't at trial to
testify as to whether the drug was safe for certain uses, but for
Janssen's alleged failure to warn.

"Do you agree with the FDA that this drug is safe?" Ms. Sullivan
asked.

"No," Dr. Kessler replied.

Ms. Sullivan added the FDA never reached the same conclusions as
Dr. Kessler.  However, Dr. Kessler said the FDA didn't have all
the facts from Janssen.

After the jury was excused for a brief recess, Ms. Sullivan asked
the court for the admission of a document from the FDA that
allegedly explains its stance that Risperdal was safe.

That document, Ms. Sullivan told the court, was a response to a
citizen's petition sent to the FDA by Sheller P.C., co-counsel to
Kline & Specter in the case.


LAZY ONE: Recalls Children's Pajamas Due to Burn Hazard
-------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Lazy One, Inc., of North Logan, Utah, announced a voluntary recall
of about 8,400 Children's pajamas and robes. Consumers should stop
using this product unless otherwise instructed.  It is illegal to
resell or attempt to resell a recalled consumer product.

The footed pajamas and robes fail to meet the federal flammability
standard for children's sleepwear, posing a burn hazard to
children.

This recall involves 100% polyester Lazy One children's sleepwear
garments, including footed pajamas and two robes. The one-piece
"footeez" style footed zip-up pajama is beige with a red, pink,
blue and yellow owl print with the wording "I'm OWL yours.' It has
blue trim at the neck, cuff and right-hand side single pocket. The
pajama has a foot-to-neck zipper, non-slip soles and a rear
opening on the behind. It was sold in sizes children's small
through extra-large. One of the recalled robes is pink with moose
graphics and "Don't Moose With Me" printed on it. It has solid
green trim, two front pockets and belt. The second robe is red
with printed moose graphics and solid black trim, two front
pockets and belt. Both robes were sold in sizes 4T through 14.
"Lazy One", the size and "Made in China" are printed on the
garments' neck label. Garments with "Flame Resistant" printed on
the neck label are not included in this recall.

Pictures of the Recalled Products available at:
http://is.gd/Ygf1pL

No consumer injuries have been reported.

The recalled products were manufactured in China and sold at
Department stores and children's boutiques nationwide and online
at www.lazyone.com from October 2013 through June 2014 for about
$22 for the pajamas and about $15 for the robes.

Consumers should immediately take the recalled pajamas and robes
away from children and return them to Lazy One for a free
replacement garment, including shipping.


LEAPFROG ENTERPRISES: Procedural Notice Issued in "Newett" Suit
---------------------------------------------------------------
Judge William Alsup of the United States District Court for the
Northern District of California, in the class action styled ABERE
NEWETT, individually and on behalf of all other similarly
situated, Plaintiff, v. LEAPFROG ENTERPRISES, INC. ET AL,
Defendant, NO. C 15-00347 WHA (N.D. Calif.), issued a notice
regarding factors to be evaluated for any proposed class
settlement.  A full-text copy of Judge Alsup's notice dated
Jan. 27, 2015, is available at http://is.gd/MHUJQnfrom
Leagle.com.

Abere Newett, Plaintiff, represented by Robert Vincent Prongay,
Esq. -- RProngay@glancylaw.com -- at Glancy Binkow & Goldberg LLP.


LEARNING CURVE: Recalls VIA I470C Model Child Restraints
--------------------------------------------------------
Starting date:            December 19, 2014
Posting date:             December 19, 2014
Type of communication:    Consumer Product Recall
Subcategory:              Children's Products
Source of recall:         Health Canada
Issue:                    Product Safety
Audience:                 General Public
Identification number:    RA-42973

Affected products: Learning Curve VIA I470C model child restraints

The recall involves various Learning Curve VIA I470C infant car
seats.  The model number, item number, manufacture date code and
the words "Learning Curve" appear on the sticker on the back of
the products.  The brand name "The First Years" is found on the
visor of the car seat, while the brand name "Lamaze" is found on
the front of the car seat.

Testing by Transport Canada's compliance program has revealed that
these products do not meet current head and chest injury limits.
These regulatory limits help ensure the safety of the child in the
restraint system.  Additionally, it was found during a simulated
crash test the adjustable recline foot might not remain in its
proper position which might introduce slack in the vehicle seat
belt or Universal Anchorage System (UAS) belt.  In the event of a
secondary collision, theoretically the loose seat could increase
zhe risk of injury to the infant in the car seat or other people
in the vehicle.

Neither Learning Curve nor Health Canada has received any reports
of consumer incidents or injuries related to the use of these
child restraints in Canada.

Approximately 6,117 of the recalled products were sold in Canada
by various retailers.

The recalled products were manufactured in China and sold from
June 2011 to March 2014.

Companies:

   Distributor     Learning Curve Brands Inc.
                   Dyersville
                   Iowa
                   United States

Consumers should immediately stop using the recalled child
restraints and dispose of the car seats as per municipal
guidelines, and in such a way that the product can no longer be
used.


MERCEDES-BENZ: Recalls E Class Model Due to Defective Seat Buckle
-----------------------------------------------------------------
Starting date:            December 22, 2014
Type of communication:    Recall
Subcategory:              Car
Notification type:        Safety Mfr
System:                   Seats And Restraints
Units affected:           39
Source of recall:         Transport Canada
Identification number:    2014585
TC ID number:             2014585

On certain vehicles, the second row rear seat double belt buckle
may contain a defect which could cause the buckle for the rear
middle seat position to fail in a severe frontal crash,
potentially allowing the seat belt to become disconnected from the
buckle.  This would increase the risk of injury.

Dealers will replace the double seat belt buckle.

Affected products: 2015 E Class Mercedes-Benz


MERIX FINANCIAL: March 21 Settlement Opt-In Deadline Set
--------------------------------------------------------
Merix Financial Inc. and Paradigm Quest Inc.
Adjustable Rate Mortgage Class Action
Settlement Agreement Approved By Court

Jeremy Bell and Mackenzie Bell v. Merix Financial Inc. and
Paradigm Quest Inc., British Columbia Supreme Court, Vancouver
Registry No. S-105301

What is this notice?

A proposed class action was started by the plaintiffs, Jeremy Bell
and Mackenzie Bell, on behalf of borrowers under Merix-branded
adjustable or variable-rate mortgages, including borrowers under
locked-in portions of Merix-branded Home Equity Lines of Credit,
regarding the adjustment of interest rates under these mortgages
(the "Adjustable Rate Mortgages").

The defendants, Merix Financial Inc. and Paradigm Quest Inc., have
at all times implemented changes to the interest rate on
Adjustable Rate Mortgages effective as of each borrower's next
scheduled payment date after a change in the prime rate,
regardless of whether the prime rate rose or fell on any
particular occasion.  Merix and Paradigm allege that this method
of adjustment was consistent both with the mortgage contracts and
with notices sent to the borrowers.  The plaintiffs allege that
the defendants were required to adjust the interest rates in
effect for Adjustable Rate Mortgages on the day that applicable
prime rate changed, and were not entitled to implement the new
rate effective as of each borrower's next regular mortgage payment
date.

Merix and Paradigm deny the plaintiffs' allegations and any
wrongdoing or liability.  The court has not taken any position as
to the trust or merit of the claims or defenses asserted by either
side.

A settlement agreement has been recommended by the plaintiffs'
lawyers and has been approved by the court.  If you are or were a
borrower under an Adjustable Rate Mortgage, or under the locked-in
portion of a Home Equity Line of Credit, you may be a potential
settlement class member in this action.  Your legal rights may be
affected by the settlement agreement.

What are the terms of the settlement?

Under the proposed settlement agreement, Merix and Paradigm will
pay CAD$525,000 into a trust account.  After court-approved legal
fees, taxes, disbursements and administration fees are deducted,
the money will be distributed on a proportionate basis to all
settlement class members who have paid more interest under an
Adjustable Rate Mortgage than would have been payable had the
applicable interest rate been adjusted on the day that the
applicable prime rate changed.

You can read the full settlement agreement online at:

http://constructionlawgroup.ca/merix-settlement

Do I have to do anything to participate in the settlement?

If you live in British Columbia you will be automatically included
in the settlement class, unless you choose to opt-out.  If you
have paid more interest under an Adjustable Rate than would have
been payable had the interest rates in effect been adjusted on the
day that applicable prime rate changed, you may be entitled to
payment from the settlement fund.

If you live outside British Columbia and if you wish to
participate in the settlement, you will need to opt-in to the
settlement agreement by submitting an opt-in form.  You must
complete and return the opt-in form to the following address
before March 21, 2015:

PO Box 17027 Yonge & King
Toronto, ON
MSE 1Y2

Will I have to pay anything?

You do not have to pay anything.  The court has approved legal
fees (exclusive of taxes) and disbursements of class counsel in
the amount of $127,600.00 as fair and reasonable.  This sum will
be deducted from the total settlement before it is distributed to
eligible settlement class members.

What if I don't want to take part?

If you live in British Columbia and do not want to take part, you
have to opt out of the action by completing an opt-out form and
returning it to Paradigm Quest Inc. at the address given above by
March 21, 2015.  If you opt out you will not be bound by the
results of this lawsuit, but you will not receive any benefits
under the settlement.

How can I get more information?

For more information, contact the lawyer for the proposed
settlement class:

Kieran A.G. Bridge
Barrister & Solicitor
Law Corporation
1400-1125 Howe Street
Vancouver, BC V6Z 2K8
Facsimile: 1-888-665-7448
E-mail: kieran@kieranbridgelaw.com


MIDWEST POULTRY: Grocery Stores Can Present Expert Witness
----------------------------------------------------------
Saranac Hale Spencer, writing for Law.com, reports that the
grocery stores and restaurants that have alleged price-fixing
among the country's major egg producers can present an economist
as an expert witness while they seek to get class certification,
the federal judge handling the case has ruled.

U.S. District Judge Gene E.K. Pratter of the Eastern District of
Pennsylvania announced the decision in an opinion in In re
Processed Egg Products Antitrust Litigation.

Since 1993, when the U.S. Supreme Court issued the standards to
which expert witnesses are to be held in its decision in Daubert
v. Merrell Dow Pharmaceuticals, district courts have played the
role of gatekeeper, ensuring that expert witnesses offer reliable
scientific evidence to the courts.

It is less than crystal clear how those standards are to be
applied at the class certification stage.

"A threshold question is whether, and to what extent, Daubert
applies at the class certification stage," Judge Pratter wrote.
"Although there is no definitive Third Circuit precedent on point,
the general consensus appears to be that the court should subject
expert witnesses to Daubert scrutiny at the class certification
stage of the litigation."

She cited to two major cases in Pennsylvania federal courts in
recent years -- In re Chocolate Confectionary Antitrust
Litigation, which was in the Middle District of Pennsylvania, and
In re Flonase Antitrust Litigation, which was also in the Eastern
District -- as well as dicta from the U.S. Supreme Court's 2011
decision in Wal-Mart v. Dukes for support.

The issues examined in a Daubert hearing for an expert about class
certification are likely to overlap with substantive issues to be
weighed in the ultimate decision, Judge Pratter explained.

"That is because the reliability of the means of proving classwide
impact frequently factors into the predominance determination in
antitrust class actions," she said.

Referring to the proposed expert, Gordon Rausser, Judge Pratter
said, "The court need not find that Dr. Rausser's methods are, by
themselves, sufficient to show, say, a common impact or that there
is a reliable means of proving damages on a classwide basis --
only that his methods are reliable and useful to the questions to
be addressed at class certification.  Therefore, though some
extent of overlap is inevitable, deeming Dr. Rausser's expert
testimony admissible under Daubert does not preclude the court
from denying class certification."

The defendants in the case, the egg producers, had argued that
Dr. Rausser's model for prices in the egg market wouldn't pass the
standard set by the U.S. Supreme Court in its 2013 decision in
Comcast v. Behrend, which came out of the Eastern District of
Pennsylvania.

There, the Supreme Court cited to Dukes, which had rejected a
class certification for more than a million women who alleged that
Wal-Mart maintained a system of gender discrimination in its pay
and promotion policies.

In the Comcast decision, the majority of the divided Supreme Court
had ruled the model the plaintiffs had offered to the trial court
in order to show their common injury, that Comcast's practice of
excluding competitors had resulted in higher costs for cable
subscribers, didn't actually satisfy the federal rule requiring
predominance of an issue in order to get class certification.

When the Third Circuit upheld the district court's opinion, it had
ruled that at the certification stage, plaintiffs need not "tie
each theory of antitrust impact to an exact calculation of
damages."

However, the Supreme Court disagreed.  Class determination, the
majority said, quoting from an earlier case, "generally involves
considerations that are enmeshed in the factual and legal issues
comprising the plaintiff's cause of action.  It is clear that,
under the proper standard for evaluating certification,
respondents' model falls far short of establishing that damages
are capable of measurement on a classwide basis."

The egg producers tied their argument to a similar idea.

"Defendants argue that Dr. Rausser's regression, which models
price, not supply or flock size, does not fit the plaintiffs'
theory that defendants conspired to reduce the supply of egg-
laying hens," Judge Pratter said.  "Defendants argue that in light
of the Supreme Court's decision in Comcast, the failure to closely
tie the model exhibiting damages to the theory of the injury makes
the model unreliable."

Dr. Rausser had defended his method by arguing that "the
evidentiary record shows a constraint on the growth of supply, so
he does not need a model to demonstrate it -- his model just
measures the extent to which it caused prices to go up as a way of
showing classwide impact," Judge Pratter said.

She agreed with the plaintiffs that Comcast wouldn't bar
Dr. Rausser's model at this point in the litigation.

"Without making any pronouncements about the ultimate ability of
direct purchaser plaintiffs to clear the Comcast bar, the court
notes simply that, for Daubert purposes at least, the model
proposed by Dr. Rausser is reliable and fits the case," Judge
Pratter said.

The defendants in the case are Midwest Poultry Services, LP,
National Food Corporation, and United Egg Producers/United States
Egg Marketers.


NANNYS FOR GRANNYS: Retaliation Claims in FLSA Suit Dismissed
-------------------------------------------------------------
JUANICA HENRY, et al., Plaintiffs, v. NANNYS FOR GRANNYS INC., et
al., Defendants, NO. 13-CV-2264 (SLT)(LB), (E.D. N.Y.) alleges
violations of the Fair Labor Standards Act ("FLSA") and New York
Labor Law ("NYLL"). Defendants moved the Court to dismiss
Plaintiffs' amended complaint in its entirety.  Defendants chiefly
argued that Plaintiffs fall within the "companionship" exemptions
to the FLSA and NYLL.

District Judge Sandra L. Townes, in a memorandum & order dated
January 20, 2015, a copy of which is available at
http://is.gd/XYHMwnfrom Leagle.com, held that Defendants' motion
to dismiss is denied in part but granted to the extent it seeks
dismissal of the retaliation claims brought by Williams, Francis,
Dellemann, Morton, and France.

Defendants' motion to dismiss the portions of Plaintiffs' FLSA
claims outside the two-year limitations period is denied, ruled
Judge Townes.

Juanica Henry, Plaintiff, represented by Greg-Patric Martello --
g_martello@nyclaimassociation.org -- Mantello & LaMagna, P.C.

Lara Bakare, Plaintiff, represented by Greg-Patric Martello,
Mantello & LaMagna, P.C.

Geralyn Francis, Plaintiff, represented by Greg-Patric Martello,
Mantello & LaMagna, P.C.

Sharon Dellemann, Plaintiff, represented by Greg-Patric Martello,
Mantello & LaMagna, P.C.

June Morton, Plaintiff, represented by Greg-Patric Martello,
Mantello & LaMagna, P.C.

Angela Williams, Plaintiff, represented by Greg-Patric Martello,
Mantello & LaMagna, P.C.

Devine France, Plaintiff, represented by Greg-Patric Martello,
Mantello & LaMagna, P.C.

Nannys for Grannys Inc., Defendant, represented by Scott M.
Mishkin, Scott Michael Mishkin, P.C. & Kyle T Pulis, Scott Michael
Mishkin PC.

Nannies for Grannies Inc., Defendant, represented by Scott M.
Mishkin, Scott Michael Mishkin, P.C. & Kyle T Pulis, Scott Michael
Mishkin PC.

There's No Place Like Home Companion Care LTD., Defendant,
represented by Scott M. Mishkin, Scott Michael Mishkin, P.C. &
Kyle T Pulis, Scott Michael Mishkin PC.

Patricia Thelian, Defendant, represented by Scott M. Mishkin,
Scott Michael Mishkin, P.C. & Kyle T Pulis, Scott Michael Mishkin
PC.

Ronald Thelian, Defendant, represented by Scott M. Mishkin, Scott
Michael Mishkin, P.C. & Kyle T Pulis, Scott Michael Mishkin PC.


NAVISTAR INC: HD Transpo Suit Included in MaxxForce Engines MDL
---------------------------------------------------------------
The class action lawsuit titled HD Transportation Inc., et al. v.
Navistar, Inc., Case No. 0:15-cv-00055, was transferred from the
U.S. District Court for the District of Minnesota to the U.S.
District Court for the Northern District of Illinois (Chicago).
The Illinois District Court Clerk assigned Case No. 1:15-cv-00583
to the proceeding.

The case is consolidated in the multidistrict litigation captioned
In re: Navistar MaxxForce Engines Marketing, Sales Practices and
Products Liability Litigation, MDL No. 2590.

The actions in the litigation share factual questions arising from
alleged defects in Navistar's Advanced EGR emission control system
that was used in Navistar's MaxxForce diesel engines.  The
Plaintiffs allege that trucks or other heavy-duty vehicles in
which these engines were installed suffered repeated failures and
fault warnings, resulting in costly and time-consuming repairs.

The Plaintiffs are represented by:

          Michael R. Bradley, Esq.
          BRADLEY HAGEN & GULLIKSON, LLC
          1976 Wooddale Drive, Suite 3A
          St. Paul, MN 55125
          Telephone: (651) 379-0900
          Facsimile: (651) 379-0999
          E-mail: bradley@bradleyguzzetta.com

               - and -

          Rebecca A. Peterson, Esq.
          Scott Moriarity, Esq.
          Robert K. Shelquist, Esq.
          LOCKRIDGE GRINDAL NAUEN PLLP
          100 Washington Ave. S., Suite 2200
          Minneapolis, MN 55401-2179
          Telephone: (612) 339-6900
          Facsimile: (612) 339-0981
          E-mail: rapeterson@locklaw.com
                  samoriarity@locklaw.com
                  rkshelquist@locklaw.com


NELNET INC: Court Wants Supplemental Briefing by Feb. 20
--------------------------------------------------------
In the case, JAMES DAVID COOPER, JR., Plaintiff, v. NELNET, INC.,
Defendant, Case No. 6:14-cv-314-Orl-37DAB (M.D. Fla.), District
Judge Roy B. Dalton, Jr., in Orlando, Florida, gave the parties
until February 20, 2015, to provide supplemental briefing and
materials in relation to the parties' Joint Motion for Preliminary
Approval of Settlement and Notice Order, filed December 3, 2014.
Failure to do so may result in the Court denying the Joint Motion
for Preliminary Approval of Settlement and Notice Order, without
further notice, Judge Dalton said.

According to Judge Dalton, at this time, the Court is unable to
determine if the terms of the proposed settlement are fair,
reasonable, or adequate. The parties must submit additional
briefing and materials in support of their proposed settlement,
including but not limited to:

     (1) how many of the potential class members they anticipate
will receive notice;

     (2) how many of the proposed class members they anticipate
will submit a claim;

     (3) the anticipated down side limit to a pro rata share of
the class value;

     (4) an estimate of the anticipated administrative costs;

     (5) the anticipated net settlement fund after reduction for
fees, costs and administrative expenses; and

     (5) Defendant's estimated net worth.

A copy of the Court's January 21, 2015 Order is available at
http://is.gd/GZI8Xzfrom Leagle.com.

James David Cooper, Jr., on behalf of himself and all others
similarly situated, Plaintiff, represented by Scott David Owens,
Scott D. Owens, P.A., Katherine M. Bowen, Keogh Law, LTD, Keith J.
Keogh, Keogh Law, LTD, Patrick Christopher Crotty, Scott D. Owens,
P.A. & Timothy James Sostrin, Keogh Law, LTD.

Nelnet, Inc., a Nebraska Corporation, Defendant, represented by
Daniel C. Johnson, Esq. -- djohnson@cfjblaw.com -- Carlton Fields
Jorden Burt, PA; and Richard Barry Benenson, Esq. --
rbenenson@bhfs.com -- Brownstein, Hyatt, Farber & Schreck, LLP.

United States, Interested Party, represented by Bradley Heath
Cohen, US Department of Justice.


NEW WORLD IMPORTS: Recalls Vinacafe Cafe 3 in 1 Gold Original
-------------------------------------------------------------
Starting date:            December 24, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning (Allergen)
Subcategory:              Allergen - Milk
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           New World Imports Ltd.
Distribution:             Alberta, British Columbia, Manitoba,
                          Saskatchewan
Extent of the product
distribution:             Retail
CFIA reference number:    9548

Affected products: 24 x 20 g. Vinacafe Cafe 3 in 1 Gold Original
where milk is not declared on the label


NOSSACK GOURMET: Recalls Chicken Sausage Rolls
----------------------------------------------
Starting date:            December 19, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning (Allergen)
Subcategory:              Allergen - Milk
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Nossack Gourmet Foods Ltd.
Distribution:             National, Ontario, British Columbia
Extent of the product
distribution:             Retail
CFIA reference number:    9545

Nossack Gourmet Foods Ltd. is recalling chicken sausage rolls from
the marketplace because they contain milk which is not declared on
the label.  People with an allergy to milk should not consume the
recalled products.

These products have been sold in British Columbia and Ontario and
may have been distributed in other provinces or territories.

Check to see if you have recalled products in your home.  Recalled
products should be thrown out or returned to the store where they
were purchased.

If you have an allergy to milk, do not consume the recalled
products as they may cause a serious or life-threatening reaction.

There has been one reported reaction associated with the
consumption of these products.

This recall was triggered by a consumer complaint.  The Canadian
Food Inspection Agency (CFIA) is conducting a food safety
investigation, which may lead to the recall of other products.  If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.


ONTARIO IMPEX: Recalls Vadilal Indian Baby Pumpkin
--------------------------------------------------
Starting date:            December 29, 2014
Type of communication:    Recall
Alert sub-type:           Notification
Subcategory:              Microbiological - Non harmful
                          (Quality/Spoilage)
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Ontario Impex of Canada Inc.
Distribution:             Ontario
Extent of the product
distribution:             Retail
CFIA reference number:    9541

Affected products: 312 g. Vadilal Punjabi Tinda - Indian Baby
Pumpkin


PDC ENERGY: Ordered to Provide Lists of Putative Members
--------------------------------------------------------
Magistrate Judge Michael J. Watanabe denied Defendant's Motion for
Protective Order in the case captioned BUDDY BAKER, on behalf of
himself and a class of similarly situated royalty owners,
Plaintiff, v. PDC ENERGY, INC., and DCP MIDSTREAM, LP, Defendants,
Civil Action No. 14-cv-02537-RM-MJW (D. Colo.).

Plaintiff Buddy Baker ("Baker") filed a class action against PDC
Energy, Inc., and DCP Midstream, LP ("Defendants").

Baker moved to remand arguing that the home state exception under
the Class Action Fairness Act of 2005 applies and that the primary
defendants and over two-thirds of the putative class members are
Colorado citizens, therefore, the Court must decline to exercise
jurisdiction.

Meantime, Baker requested for the names and addresses of the
putative class members by arguing that he needs the information to
establish the CAFA exception.

Defendants removed, invoking jurisdiction under the CAFA and
argued that Plaintiff is not entitled to such information until
the class-certification stage. Defendants also moved for a
protective order barring discovery of the identities and addresses
of putative class members.

In his Order denying Defendant's Motion for Protective Order,
Magistrate Judge Watanabe ruled that Plaintiff has made a
sufficient showing that the home-state exception applies and its
limited discovery is appropriate because discovery would only
impose a de minimis burden on Defendants. Also, Judge Watanabe
held that the requested information appears to be readily
ascertainable since Defendants are making payments to all members
of the putative class, pursuant to a previous class-action
settlement. Presumably, they already have some sort of list kept
for this purpose, or some type of database from which a list can
be quickly developed.

A copy of the Order dated December 9, 2014, is available at
bit.ly/1xiW1Bi from Leagle.com.

Buddy Baker, Plaintiff, represented by George A. Barton, P.C. &
Robert G. Harken, George A. Barton, P.C..

PDC Energy, Inc., Defendant, represented by Katherine A. Nelson --
katherine.nelson@hoganlovells.com -- Hogan Lovells US LLP, Andrew
Christopher Lillie -- andrew.lillie@hoganlovells.com -- Hogan
Lovells US LLP, Elizabeth Helen Titus --
elizabeth.titus@hoganlovells.com -- Hogan Lovells US, LLP, Jessica
Adler Black Livingston -- jessica.livingston@hoganlovells.com --
Hogan Lovells US LLP & Scot William Anderson, Hogan Lovells US,
LLP.

DCP Midstream, L.P., Defendant, represented by Jess Alexander
Dance, Perkins Coie LLP & Michael Alex Sink, Perkins Coie LLP.


PERFORMANCE PACKAGING: Recalls PouchPop(TM) Silicon Toppers
-----------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Performance Packaging, of Las Vegas, Nevada, announced a voluntary
recall of about 6,000 The PouchPop(TM) Topper. Consumers should
stop using this product unless otherwise instructed.  It is
illegal to resell or attempt to resell a recalled consumer
product.

The tube of the pouch topper that screws onto the food pouch can
separate from the round base, posing a choking hazard to young
children.

The recalled PouchPops are silicone toppers that screw onto a baby
food pouch that allow infants to feed themselves. The PouchPops
were sold in a four-pack of four colors including green, orange,
red and yellow and have a cylinder-shaped tube stem that attaches
to a round base. The pouch toppers have a "SipP" logo and smiley
face embossed on the circular base.

The firm has received four reports of breaks above the round base
of the toppers. No injuries have been reported.

Pictures of the Recalled Products available at:
http://is.gd/Zx6JL6

The recalled products were manufactured in United States and sold
exclusively online at www.Amazon.com , www.littlegreenpouch.com
and www.jackbenatural.com from May through September 2014 for
about $10.

Consumers should immediately stop using the recalled PouchPop
toppers and contact Performance Packaging for instructions on
receiving a free replacement product or full refund.


PORSCHE: Recalls 918 Spyder Model Due to Damaged Control Arms
-------------------------------------------------------------
Starting date:            December 19, 2014
Type of communication:    Recall
Subcategory:              Car
Notification type:        Safety Mfr
System:                   Suspension
Units affected:           5
Source of recall:         Transport Canada
Identification number:    2014580
TC ID number:             2014580

On certain vehicles, front control arms may not meet
specifications and could break, affecting vehicle control.  This
could increase the risk of injury and/or damage to property.

Correction: Dealers will replace affected control arms.

Affected products: 2015 Porsche


PORTFOLIO RECOVERY: Faces "Dykes" Suit for Violating FDCPA
----------------------------------------------------------
Carolyn Dykes, on behalf of herself and all others similarly
situated v. Portfolio Recovery Associates, LLC, Case No. 1:15-cv-
00110-JCC-TRJ (E.D. Va., January 28, 2015) alleges violations of
the Fair Debt Collection Practices Act.

The Plaintiff is represented by:

          Thomas Ray Breeden, Esq.
          THOMAS R. BREEDEN PC
          10326 Lomond Drive
          Manassas, VA 20109
          Telephone: (703) 361-9277
          Facsimile: (703) 257-2259
          E-mail: trb@tbreedenlaw.com


PORTFOLIO RECOVERY: Faces "Isaacson" Suit for Violating FDCPA
-------------------------------------------------------------
Sima Isaacson, on behalf of herself and all similarly situated
consumers v. Portfolio Recovery Associates, L.L.C., Case No. 1:15-
cv-00446 (E.D.N.Y., January 29, 2015) accuses the Defendant of
violating the Fair Debt Collection Practices Act.

The Plaintiff is represented by:

          Adam Jon Fishbein, Esq.
          ADAM J. FISHBEIN, ATTORNEY AT LAW
          483 Chestnut Street
          Cedarhurst, NY 11516
          Telephone: (516) 791-4400
          Facsimile: (516) 791-4411
          E-mail: fishbeinadamj@gmail.com


PRESSLER AND PRESSLER: Violate FDCPA in New Jersey, Suit Claims
---------------------------------------------------------------
Lisa M. Santangelo, on behalf of herself and all others similarly
situated v. Pressler And Pressler, LLP, and John Does 1-25, Case
No. 2:15-cv-00576-JLL-JAD (D.N.J., January 28, 2015) accuses the
Defendants of violating the Fair Debt Collection Practices Act.

The Plaintiff is represented by:

          Ari Hillel Marcus, Esq.
          MARCUS LAW LLC
          1500 Allaire Avenue, Suite 101
          Ocean, NJ 07712
          Telephone: (732) 660-8169
          E-mail: ari@marcuslawyer.com

               - and -

          Joseph K. Jones, Esq.
          LAW OFFICES OF JOSEPH K. JONES, LLC
          375 Passaic Avenue, Suite 100
          Fairfield, NJ 07004
          Telephone: (973) 227-5900
          E-mail: jkj@legaljones.com


PRICEWATERHOUSECOOPERS LLP: Seeks Approval of "Cambell" Suit Deal
-----------------------------------------------------------------
District Judge Troy L. Nunley signed on January 21, 2015, a
stipulation and order regarding matters to be addressed at a
status conference that was to take place last January 29, 2015, in
JASON CAMPBELL and SARAH SOBEK, individually, and on behalf of all
other similarly situated current and former employees of
PricewaterhouseCoopers, LLP, Plaintiffs, v.
PRICEWATERHOUSECOOPERS, LLP, a Limited Liability Partnership,
Defendant, CASE NO. 06-CV-02376-TLN-AC, (E.D. Cal.).

The parties had agreed that the January 29, 2015 status conference
will be converted into a hearing on Plaintiffs' Unopposed Motion
for Preliminary Approval of Class Action Settlement.

In the event that the Court grants Preliminary Approval of the
Settlement, Plaintiffs must file their Motion for Fees and Costs
by February 25, 2015, and Plaintiffs will file their Motion for
Final Approval by March 20, 2015, both of which will be addressed
at a final approval hearing to be set by the Court.

A copy of the Court's order is available at http://is.gd/468GXN
from Leagle.com.

WILLIAM A. KERSHAW -- wkershaw@kcrlegal.com -- LYLE W. COOK --
lcook@kcrlegal.com -- STUART C. TALLEY -- stalley@kcrlegal.com --
KERSHAW, CUTTER & RATINOFF, LLP, Sacramento, CA, JAMES P. ULWICK -
- julwick@kg-law.com -- (Admitted Pro Hac Vice), JEAN E. LEWIS --
jlewis@kg-law.com -- KRAMON & GRAHAM, P.A., Baltimore, Maryland,
Attorneys for Plaintiffs.

NORMAN C. HILE -- nhile@orrick.com -- JULIE A. TOTTEN --
jatotten@orrick.com -- ANDREA L. BROWN -- abrown@orrick.com --
ORRICK, HERRINGTON & SUTCLIFFE LLP Attorneys for Defendant
PRICEWATERHOUSECOOPERS LLP.

DANIEL J. THOMASCH, (Admitted Pro Hac Vice) --
dthomasch@gibsondunn.com -- LAUREN J. ELLIOT (Admitted Pro Hac
Vice) -- lelliot@gibsondunn.com --  GIBSON DUNN & CRUTCHER LLP,
New York, New York, JULIAN W. POON -- jpoon@gibsondunn.com --
ALEXANDER K. MIRCHEFF -- amircheff@gibsondunn.com -- GIBSON, DUNN
& CRUTCHER LLP Los Angeles, California MICHELE L. MARYOTT --
mmaryott@gibsondunn.com -- GIBSON, DUNN & CRUTCHER LLP Irvine,
California, Attorneys for Defendant PRICEWATERHOUSECOOPERS LLP.


REPUBLIC STEEL: Fails to Pay Proper OT Wages, Ex- Supervisor Says
-----------------------------------------------------------------
Jason Rhoads v. Republic Steel, Case No. 5:15-cv-00175-JRA (N.D.
Ohio, January 28, 2015) is brought pursuant to the Fair Labor
Standards Act.

Mr. Rhoads worked at Republic Steel from September 2013 through
January 2015 as a Melt Supervisor.  He asserts that he frequently
worked over 40 hours per week for the Defendant.  He contends that
although the Defendant occasionally paid him for overtime, he was
not paid time and a half overtime wages for each hour of overtime
that he worked.

Republic Steel is a Delaware corporation whose principal place of
business is in Canton, Ohio.

The Plaintiff is represented by:

          Stephan I. Voudris, Esq.
          Brad Levine, Esq.
          VOUDRIS LAW LLC
          8401 Chagrin Road, Suite 8
          Chagrin Falls, OH 44023
          Telephone: (440) 543-0670
          Facsimile: (440) 543-0721
          E-mail: svoudris@me.com
                  blevine@voudrislaw.com


RUBY TUESDAY: Faces Sex Discrimination Suit
-------------------------------------------
Rebekah Mintzer, writing for Corporate Counsel, reports that
Ruby Tuesday Inc. is a restaurant chain known throughout the U.S.
for its burgers and casual family-friendly atmosphere.
Unfortunately for the company, the U.S. Equal Employment
Opportunity Commission apparently wants to make it known for
something less savory: a novel approach to sex discrimination.

EEOC v. Ruby Tuesday isn't the typical case on the discrimination
menu.  The plaintiffs claiming discrimination based on their
gender are men, which is still relatively rare.  What's even more
unusual is that the charges stem not from a direct employment
action per se, but from a decision regarding employee housing.

In the suit, filed by the commission on Jan. 22 in federal court,
Andrew Herrera, a Ruby Tuesday employee in Oregon, claims he was
discriminated against because he and other male employees were
deprived of the opportunity in the summer of 2013 to apply for
temporary server or bartender positions with the company in Park
City, Utah.  The internal job posting for positions in the resort
town, which was made available to employees based in Utah, Oregon
and seven other states, asked specifically for female applicants
only.  According to the EEOC's announcement, the company
supposedly asked for female applicants because the job also
included housing provided by Ruby Tuesday, and the company did not
want to house men and women together.

It's easy to guess why Ruby Tuesday may have wanted to avoid
putting men and women in the same housing, perhaps because of the
increased risk of a sexual harassment suit.  Even if this was the
case, it didn't matter to Mr. Herrera and Joshua Bell, another
employee.  After failing to resolve the issue with their employer,
they are now asking the court to make the restaurant chain stop
its allegedly discriminatory practices and compensate them for the
opportunities they missed in Utah.

J. Hagood Tighe -- htighe@laborlawyers.com -- a partner at Fisher
& Phillips who works on employment discrimination cases, told
CorpCounsel.com that most cases alleging sex discrimination under
Title VII of the Civil Rights Act deal more with the particulars
of the job description, rather than where employees are housed.
"Usually when you're talking about an issue like this, you're
really focusing on the job itself," he said.

In order to prove that someone's sex is a legally acceptable
reason to decline to hire them, companies must prove that for that
particular job, sex is a bona fide occupational qualification
(BFOQ).  For example, Mr. Tighe explained, there have been claims
that sex is a BFOQ in prison guard jobs, where guards need to
accompany inmates into bathrooms and showers, and sometimes courts
have agreed.  However, it's usually difficult to prove gender is a
BFOQ. "There have been many efforts, but not many successes from
an employer's standpoint on BFOQ," Mr. Tighe said.

Although he is not working on this case and has no knowledge of
the facts beyond publicly available documents, Mr. Tighe suspects
that perhaps Ruby Tuesday knows some additional information that
could bolster its arguments.  Or else why not just settle,
considering the sum owed to the plaintiffs would be relatively
small for a large company? For now, only Ruby Tuesday knows.

So how can employers avoid being on the receiving end of the kinds
of charges the EEOC cooked up for this restaurant chain? The
answer is pretty simple: don't disallow men or women from applying
for a job.

"Employers should really not be making hiring or employment
decisions based on gender or any other protected classification,"
Mr. Tighe noted.  "Ruby Tuesday may very well have a good defense
and may one day win the case.  But even if they do, the general
rule for 99.9 percent of the time is that they should not be
making decisions based on any protected classification."


SCHENKER INC: April 22 Final Approval Hearing in "Starr" Case
-------------------------------------------------------------
District Judge Staci M. Yandle gave preliminary approval of the
FLSA Collective Action Settlement and preliminary approval of the
Rule 23 Class Settlement in the case, JOE STARR, individually and
on behalf of all other similarly situated, Plaintiff, v. SCHENKER,
INC., and SCHENKER LOGISTICS, INC., Defendants, Case No. 14-cv-
402-SMY-PMF (S.D. Ill.).

The final approval hearing is set for April 22, 2015, at 1:30 p.m.

A copy of the Court's Order dated January 22, 2015, is available
at http://is.gd/0HOBwMfrom Leagle.com.

Joe Starr, Plaintiff, represented by:

     Mark A. Potashnick, Esq.
     WEINHAUS & POTASHNICK
     11500 Olive Blvd., Suite 133
     St. Louis, MO 63141
     Tel: (314) 997-9150 ext. 2
     Fax: (314) 997-9170
     E-mail: markp@wp-attorneys.com

Jack D. McInnes, Esq. and Richard M. Paul, III, Esq. --
mcinnes@paulmcinnes.com and paul@paulmcinnes.com -- at Paul
McInnes LLP, also represent the Plaintiff.

Schenker, Inc., and Schenker Logistics, Inc., Defendants,
represented by:

     Andrew C. Johnson, Esq.
     Patricia J. Martin, Esq.
     LITTLER MENDELSON PC
     One Metropolitan Square
     211 North Broadway, Suite 1500
     St. Louis, MO 63102
     Tel: (314) 659-2000
     Fax: (314) 659-2099
     E-mail: anjohnson@littler.com
             pmartin@littler.com


SCHNEIDER NATIONAL: Removes "Mendis" Suit to W.D. Washington
------------------------------------------------------------
The class action lawsuit entitled Mendis v. Schneider National
Carriers, Inc., Case No. 14-2-34534-8 SEA, was removed from the
King County Superior Court to the U.S. District Court for the
Western District of Washington (Seattle).  The District Court
Clerk assigned Case No. 2:15-cv-00144 to the proceeding.

The lawsuit arose from labor-related issues.

The Plaintiff is represented by:

          Erika L. Nusser, Esq.
          Toby James Marshall, Esq.
          TERRELL MARSHALL DAUDT & WILLIE PLLC
          936 North 34th Street, Suite 300
          Seattle, WA 98103-8869
          Telephone: (206) 816-6603
          Facsimile: (206) 350-3528
          E-mail: enusser@tmdwlaw.com
                  tmarshall@tmdwlaw.com

               - and -

          Greg Alan Wolk, Esq.
          Hardeep S. Rekhi, Esq.
          REKHI & WOLK, P.S.
          1411 Fourth Ave., Suite 1101
          Seattle, WA 98101
          Telephone: (206) 388-5887
          Facsimile: (206) 577-3924
          E-mail: greg@rekhiwolk.com
                  hardeep@rekhiwolk.com

The Defendant is represented by:

          Douglas Edward Smith, Esq.
          LITTLER MENDELSON
          One Union Square
          600 University Street, Suite 3200
          Seattle, WA 98101-3122
          Telephone: (206) 623-3300
          Facsimile: (206) 447-6965
          E-mail: desmith@littler.com


SOURCE NETWORK: Recalls Portable Space Heaters
----------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Source Network Sales and Marketing, LLC d/b/a/ Lifesmart, of
Plano, Texas, announced a voluntary recall of about 17,000
Portable Space Heaters. Consumers should stop using this product
unless otherwise instructed.  It is illegal to resell or attempt
to resell a recalled consumer product.

The screws used to attach the back plate to the heater are too
short and allow the back plate to detach when removing the heater
from the outlet, posing an electrical shock hazard to the user.

This recall is for Lifepro brand portable infrared quartz space
heater models LS-IQH-DMICRO and LS-IQH-MICRO. The recalled heaters
are about 6 1/2 inches tall x 5 inches wide x 3 3/4 inches deep
and made of black plastic. They have a three-prong plug built into
the back to allow them to be plugged directly into an electrical
outlet. The Lifepro logo is molded into the front bottom of the
heaters. Model LS-IQH-DMICRO is a 400-watt heater with digital
display on the top. Model LS-IQH-MICRO is a 450-watt heater with
no display. The model name and wattage are printed on a label on
the back of each heater below the plug.

No consumer injuries have been reported.

Pictures of the Recalled Products available at:
http://is.gd/XbKpDc

The recalled products were manufactured in China and sold at
Meijer stores, Northern Tool stores, QCI Direct stores and Tuesday
Morning stores nationwide and online at Amazon.com, BJs.com,
HomeDepot.com, QCIDirect.com, Samsclub.com, Walmart.com and
Wayfair.com from January 2014 through December 2014 for between
$40 and $50.

Consumers should immediately unplug and stop using the recalled
space heaters and contact Lifesmart to receive either a free
repair kit consisting of four longer screws with instructions on
how to install them; a free replacement heater with the modified
screws; or a full refund.


SUBARU: Recalls Forester, Impreza and Impreza WRX & STI Models
--------------------------------------------------------------
Starting date:            December 22, 2014
Type of communication:    Recall
Subcategory:              Car
Notification type:        Safety Mfr
System:                   Brakes
Units affected:           33000
Source of recall:         Transport Canada
Identification number:    2014586
TC ID number:             2014586
Manufacturer recall
number:                   WQQ-52

On certain vehicles, the center and rear brake lines may become
perforated due to corrosion.  This would cause a leak in the brake
system potentially increasing stopping distances, which could
increase the risk of a crash causing injury and/or damage to
property.

Correction: Dealers will inspect vehicles and either apply an
anti-corrosion coating to the 4-way joint connector and brake
lines, or replace them as necessary.  Note: This recall supersedes
recall 2013092 and 2014223.  Vehicles that were inspected and/or
repaired under the previous recall will require re-inspection
and/or repair.

Affected products:

   Maker         Model               Model year(s) affected
   -----         -----               ----------------------
   SUBARU        IMPREZA             2008, 2009, 2010, 2011
   SUBARU        FORESTER            2009, 2010, 2011, 2012, 2013
   SUBARU        IMPREZA WRX / STI   2008, 2009, 2010, 2011, 2012,
                                     2013, 2014


SUMMERLIN HOSPITAL: Judge Postpones TB Class Action Hearing
-----------------------------------------------------------
The Associated Press reports that a Nevada judge postponed a
hearing whether to grant class-action status to plaintiffs
alleging a Las Vegas hospital failed to properly protect them from
a tuberculosis outbreak in a neonatal intensive care unit.

Clark County District Court Judge Kenneth Cory heard several bids
on Jan. 20 by Summerlin Hospital and its parent corporations to
dismiss the case.

John Cotton, lawyer for the hospital, said some of those summary
judgment issues remain unresolved.

Cory reset class-action arguments for Feb. 3.

Matthew Callister, attorney for plaintiffs Lara Snyder and others,
says he's identified at least 25 people who tested positive for
the contagious lung disease.  Mr. Callister seeks class status for
a November 2013 negligence lawsuit filed representing people
claiming exposure to a tuberculosis-infected woman and newborn
twins born in May 2013 at Summerlin Hospital.


SYNGENTA CORP: "Crymes" Suit Consolidated in MIR162 Corn MDL
------------------------------------------------------------
The class action lawsuit titled Crymes, et al. v. Syngenta Corp.,
et al., Case No. 3:15-cv-00078, was transferred from the U.S.
District Court for the Western District of Louisiana to the U.S.
District Court for the District of Kansas (Kansas City).  The
Kansas District Court Clerk assigned Case No. 2:15-cv-02302-JWL-
JPO to the proceeding.

The lawsuit is consolidated in the multidistrict litigation known
as In re: Syngenta AG MIR162 Corn Litigation, MDL No. 2:14-md-
02591-JWL-JPO.

The cases concern the Syngenta defendants' alleged decision to
commercialize corn seeds containing a genetically modified trait,
known as "MIR162," that reportedly controls certain insects.  Corn
with this trait has entered U.S. corn stocks but has not been
approved for import by the Chinese government, which has imposed a
complete ban on U.S. corn with this trait.  The Plaintiffs are
corn growers and grain exporters, who allegedly suffered economic
losses resulting from China's refusal to accept MIR162 corn.

The Plaintiffs are represented by:

          J.R. Whaley, Esq.
          WHALEY LAW FIRM
          3112 Valley Creek Drive, Suite D
          Baton Rouge, LA 70808
          Telephone: (225) 302-8810
          E-mail: jrwhaley@whaleylaw.com

               - and -

          Scott E. Poynter, Esq.
          Will T. Crowder, Esq.
          Corey D. McGaha, Esq.
          EMERSON POYNTER LLP
          The Rozelle-Murphy House
          1301 Scott Street
          Little Rock, AR 72202
          Telephone: (501) 907-2555
          Facsimile: (501) 907-2556
          E-mail: scott@emersonpoynter.com
                  wcrowder@emersonpoynter.com
                  cmcgaha@emersonpoynter.com

               - and -

          John G. Emerson, Esq.
          EMERSON POYNTER LLP
          830 Apollo Lane
          Houston, TX 77058
          Telephone: (281) 488-8854
          Facsimile: (281) 488-8867
          E-mail: jemerson@emersonpoynter.com


SYNGENTA CORP: "Falwell" Suit Consolidated in MIR162 Corn MDL
-------------------------------------------------------------
The class action lawsuit styled Falwell, et al. v. Syngenta
Corporation, et al., Case No. 3:15-cv-00012, was transferred from
the U.S. District Court for the Eastern District of Arkansas to
the U.S. District Court for the District of Kansas (Kansas City).
The Kansas District Court Clerk assigned Case No. 2:15-cv-02287-
JWL-JPO to the proceeding.

The lawsuit is consolidated in the multidistrict litigation known
as In re: Syngenta AG MIR162 Corn Litigation, MDL No. 2:14-md-
02591-JWL-JPO.

The cases concern the Syngenta defendants' alleged decision to
commercialize corn seeds containing a genetically modified trait,
known as "MIR162," that reportedly controls certain insects.  Corn
with this trait has entered U.S. corn stocks but has not been
approved for import by the Chinese government, which has imposed a
complete ban on U.S. corn with this trait.  The Plaintiffs are
corn growers and grain exporters, who allegedly suffered economic
losses resulting from China's refusal to accept MIR162 corn.

The Plaintiffs are represented by:

          Corey D. McGaha, Esq.
          Scott E. Poynter, Esq.
          William T. Crowder, Esq.
          EMERSON POYNTER LLP
          The Rozelle-Murphy House
          1301 Scott Street
          Little Rock, AR 72202
          Telephone: (501) 907-2555
          Facsimile: (501) 907-2556
          E-mail: cmcgaha@emersonpoynter.com
                  scott@emersonpoynter.com
                  wcrowder@emersonpoynter.com

               - and -

          John G. Emerson, Jr., Esq.
          EMERSON POYNTER LLP
          830 Apollo Lane
          Houston, TX 77058
          Telephone: (501) 907-2555
          Facsimile: (501) 907-2555
          E-mail: jemerson@emersonpoynter.com

               - and -

          Daniel E. Bacine, Esq.
          BARRACK, RODOS & BACINE
          Two Commerce Square
          2001 Market Street
          Philadelphia, PA 19103
          Telephone: (215) 963-0600
          Facsimile: (215) 963-0838
          E-mail: dbacine@barrack.com

               - and -

          Stephen R. Basser, Esq.
          BARRACK, RODOS & BACINE
          600 West Broadway, Suite 900
          San Diego, CA 92101
          Telephone: (619) 230-0800
          Facsimile: (619) 230-1874
          E-mail: sbasser@barrack.com


TADYCH LAW: Faces "Lesh" Class Suit Alleging Violations of FDCPA
----------------------------------------------------------------
Queron Lesh and Anton Lesh, Individually and on Behalf of All
Others Similarly Situated v. Tadych Law Office, S.C., Case No.
2:15-cv-00106-RTR (E.D. Wis., January 28, 2015) alleges violations
of the Fair Debt Collection Practices Act.

Tadych Law Office, S.C. is a law firm headquartered in Milwaukee,
Wisconsin.  Tadych Law is engaged in the business of a collection
agency, using the mails and telephone to collect consumer debts
originally owed to others.

The Plaintiffs are represented by:

          Shpetim Ademi, Esq.
          John D. Blythin, Esq.
          Mark A. Eldridge, Esq.
          ADEMI & O'REILLY, LLP
          3620 East Layton Avenue
          Cudahy, WI 53110
          Telephone: (414) 482-8000
          Facsimile: (414) 482-8001
          E-mail: sademi@ademilaw.com
                  jblythin@ademilaw.com
                  meldridge@ademilaw.com


TEMPLETON RYE: Seeks Mediation on Two Fraud Class Actions
---------------------------------------------------------
Grant Rodgers, writing for The Des Moines Register, reports that
two class-action lawsuits accusing Templeton Rye of consumer fraud
are on hold for mediation, a sign that the embattled Iowa whiskey-
maker could be looking to settle before trial.

The company faces three class-action lawsuits after admitting in
August that its rye whiskey uses a stock recipe distilled in
Indiana as its base.  The lawsuits claim Templeton Rye
purposefully deceived drinkers with claims that its whiskey is
made in Iowa, using a Prohibition-era recipe handed down by a co-
founder's grandfather.

In a November motion, attorneys notified U.S. District Court Judge
Joan Gottschall of mediation proceedings between the whiskey-maker
and two Chicago firms suing the company, according to court
records.  A report on the mediation is due by Feb. 6.

Mediation is often a cheaper alternative to trying a class-action
lawsuit in front of a jury, said Ray Johnson, a West Des Moines
attorney who litigates consumer-fraud cases.  Mediation also
suggests that the parties are trying to settle, he said.

"If it's something that goes to mediation, more often than not
it's going to settle," he said. "But that's not always the case."

Templeton Rye co-founder Keith Kerkhoff declined to comment on the
pending litigation.

Chicago law firm Edelson PC filed the first lawsuit Sept. 9 in an
Illinois state court on behalf of Templeton Rye drinker
Christopher McNair.  Two weeks later, Chicago firm Zimmerman Law
Offices filed its own lawsuit.

Mr. McNair's lawsuit was moved to federal court in the Northern
District of Illinois shortly after its filing.  A third lawsuit on
behalf of two Iowa drinkers was filed in Polk County District
Court in October by West Des Moines attorney Randy Wilharber.

Mr. Wilharber declined to speak with a reporter on Jan. 19 about
the status of the lawsuit or whether he's participating in
mediation with the Chicago attorneys.

Currently, none of the lawsuits has received class-action
certification from a judge, court records show.  That stamp of
approval is necessary to allow attorneys to move forward on behalf
of multiple drinkers who bought Templeton Rye.  Class
certification could increase the costs for the whiskey maker and
is likely one issue being discussed in mediation, Mr. Johnson
said.

Mr. Kerkhoff denied the consumer fraud claims in an October
interview with The Des Moines Register.  Before launching the
product, Mr. Kerkhoff said Templeton Rye hired a flavor
engineering company based in Louisville, Ky., to design a list of
ingredients that could match the taste of the Kerkhoff family
recipe.  He said Templeton Rye calls itself "made in Iowa" because
ingredients are added to the stock whiskey at the company's
facility in Templeton.

If a settlement is reached, it's possible that Templeton Rye
purchasers could receive a future discount on the whiskey,
Mr. Johnson said.  Coupons made available online are often used in
such cases.

Attorneys with both Edelson PC and Zimmerman Law Offices declined
to comment or did not return phone calls.

"Information is everything when it comes to settling a case,"
Mr. Johnson said.  "Generally when you're negotiating a settlement
or anything, you want to give information when it's time to give
information."


TS STAFFING: "Roa" Overtime Suit Stays in Federal District Court
----------------------------------------------------------------
Carmen Roa filed a putative class action complaint in California
state court against her former employers, TS Staffing Services,
Inc. and T.S. Employment, Inc.  The Complaint alleges numerous
wage and hour violations against TS Staffing, and Roa seeks to
represent all similarly situated, non-exempt employees during a
four-year period.

TS Staffing removed the case pursuant to the Class Action Fairness
Act, 28 U.S.C. Sections 1332, 1441.

Roa filed a Motion to Remand.

In a January 22, 2015 Order available at http://is.gd/jrcGuefrom
Leagle.com, District Judge Otis D. Wright, II, denied the Motion
to Remand.

The case is, CARMEN ROA, on behalf of herself, and all others
similarly situated, Plaintiff, v. TS STAFFING SERVICES, INC.; T.S.
EMPLOYMENT, INC.; and DOES 1 through 100, inclusive, Defendants,
Case No. 2:14-cv-08424-ODW (MRW)(C.D. Cal.).

Carmen Roa, Plaintiff, represented by:

     Janette C Lee, Esq.
     Matthew John Matern, Esq.
     MATERN LAW GROUP
     1230 Rosecrans Ave., Suite 200
     Manhattan Beach, CA 90266
     Tel: (310) 531 1900
     Fax: (310) 531 1901

TS Staffing Services and T.S. Employment, Inc., represented by:

     Danny Yadidsion, Esq.
     Thomas G Mackey, Esq.
     JACKSON LEWIS LLP
     725 South Figueroa Street, Suite 2500
     Los Angeles, CA 90017
     Tel: (213) 689-0404
     Fax: (213) 689-0430
     E-mail: Danny.Yadidsion@jacksonlewis.com
             Thomas.Mackey@jacksonlewis.com


ULTIMATE FIGHTING: Ex-Champion Discusses Antitrust Class Action
---------------------------------------------------------------
Karim Zidan, writing for Bloody Elbow, reports that former UFC
champion Pat Miletich discusses the class action anti-trust
lawsuit levied against the UFC, as well as the possibility of an
MMA union or association for fighters.

Last December, it was revealed that several high profile fighters
had filed a class action anti-trust lawsuit against the UFC worth
$100 million.  Since the time of the initial filing, two more
lawsuits have been added to the original one -- both nearly
identical.

Within the lawsuit, the UFC is accused of issues such as
monopolistic control of the market by buying of competitors to
lessen a fighter's likeness.  While former champion Pat Miletich
is not one of the named plaintiffs on any of the lawsuits, he does
see a point when scrutinizing the contract stipulations of low-end
fighters on the roster.

"Well in terms of the contracts, you know it's a situation where
one organization having a great deal of power and making you sign
a contract that includes signing away your likeness and the rights
to that likeness for as long as the company wants to use it,"
Mr. Miletich told Submission Radio.  "The champion's clause, where
if I have the belt underneath an organization, I can't walk and
look for [another company] at the end of my contract.  If I'm a
champion there's always another fight that I have to fulfill no
matter what, and there's a few other things in the contract that,
you know, that I haven't looked at one of them for a long time,
but I'm assuming for the most part that they're similar to that.

"And a lot of guys have complained about it of late who are still
athletes and they concur with some of those things.  So the
restrictive nature of the contracts are pretty tough to deal with
I think for the athletes, and also on top of that, not being able
to get the sponsors that you want unless those sponsors pay a fee
to the promoter or the promotion before they can sponsor athletes,
and it goes on down the line.  So it makes it tough for the
athletes."

Well aware of the costs of being a professional fighter working up
the ranks, Mr. Miletich suggests that many fighters are likely to
be in debt because their initial purses with the company simply do
not allow them to make ends meet.

"You have to figure, if I'm getting whatever it is now 8,000 to
show up in any organization, my medicals cost quite a bit of money
to go through, I have to pay my manager, I have to pay my
trainers, I have to pay taxes.  So by the time I get done getting
paid, I actually might be in the hole a little bit.  So it's
pretty tough.  And on top of that now with restricting sponsors,
it's very tough for the guys trying to come up and break in
through the upper ranks."

While the recent lawsuit has simultaneously rekindled talks of a
potential union in MMA, Mr. Miletich doubts that such a drastic
change can come to fruition anytime soon, mainly because of how
difficult it is for individual athletes in solo sports to join
together.

"I think a union is very tough to pull off because of the
independent contractor status of the athletes.  It's not like they
are members of a team that pays them as they do in baseball and
football and things like that.  So it's very difficult to do that.

"What are the union fees going to be? You know? When guys are only
fighting four times a year, three times a year, some two times a
year, how do you work that out? What are the benefits of it? I'm
not necessarily a guy that would support a fighters union.  If the
contracts were adjusted to be more fair to the athletes and give
them more power in the future in the direction of their career, I
think that's sufficient.  I'm a guy that's a big believer in the
free market system and the guys that perform the best get paid the
most and put buts in seats. so that's really what I comes down to.
So [I'm] not necessarily a guy that supports a fighters union, and
on top of that it would be very tough to pull off."


UNITED STATES: Oakwood Villa Residents to Join Mold Class Action
----------------------------------------------------------------
Action News is taking action for several apartment complexes in
the process of suing over mold complaints.

According to Action News' Cole Heath, neighbors living at Willow
Lakes and Oakwood Villas apartments in Arlington join four other
complexes in the suit.

Neighbors at Oakwood Villas said management told them it's up to
them to clean the mold.

Action News Law and Safety Expert Dale Carson said it can fall on
residents to clean mold in places such as surfaces, but the
landlord must cover the cost of eliminating mold in structural
places such as sheet rock.

Neighbors said they've encountered both and face health issues
because of it.

"It is the landlords responsibility to make the property habitable
for the individual tenants," Carson said.

More people are joining this federal lawsuit against six local
apartment complexes, Housing and Urban Development and Veterans
Affairs.

Action News was told the lawsuit will be filed in about a month.


VIACOM INC: Dismissed From Nickelodeon Consumer Privacy Litigation
------------------------------------------------------------------
District Judge Stanley R. Chesler in New Jersey granted Viacom
Inc.'s motions to dismiss Plaintiffs' Second Consolidated Class
Action Complaint in the case captioned, IN RE NICKELODEON CONSUMER
PRIVACY LITIGATION Civil Action Nos. 12-07829, 13-03755, 13-03729,
13-03757, 13-03731, 13-03756, 2443 (SRC)(D.N.J.).  A copy of the
Court's January 22, 2015 Order is available at http://is.gd/9rI3Cj
from Leagle.com.

L.G., Plaintiff, represented by:

     Michael Albert Kelly, Esq.
     Khaldoun Ahmed Baghdadi, Esq.
     WALKUP, MELODIA, KELLY & SCHOENBERGER
     650 California Street, 26th Floor
     San Francisco, CA 94108
     Tel: (415) 981-7210
     Fax: (415) 391-6965
     E-mail: mkelly@walkuplawoffice.com
             kbaghdadi@walkuplawoffice.com

Viacom Inc., Defendant, represented by:

     S. Ashlie Beringer, Esq.
     Gail E. Lees, Esq.
     GIBSON DUNN & CRUTCHER LLP
     333 South Grand Avenue
     Los Angeles, CA 90071-3197
     Tel: 213-229-7163
     Fax: 213-229-6163
     E-mail: ABeringer@gibsondunn.com. J
             glees@gibsondunn.com

          - and -

     Joshua Aaron Jessen, Esq.
     GIBSON DUNN & CRUTCHER LLP
     3161 Michelson Drive
     Irvine, CA 92612-4412
     Tel: 949-451-4114
     Fax: 949-475-4741


WEALTH DRAGON: Recalls WD. Happy Boy Sesame Cookies
---------------------------------------------------
Starting date:            December 19, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning
(Allergen)Subcategory:    Allergen - Peanut
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Wealth Dragon Trading Co.
Distribution:             Nova Scotia, Ontario, Quebec
Extent of the product
distribution:             Retail
CFIA reference number:    9544

Wealth Dragon Trading Co. is recalling WD. Happy Boy brand Sesame
Cookies from the marketplace because they contain peanuts which
are not declared on the label.  People with an allergy to peanuts
should not consume the recalled product.

The product has been sold in Nova Scotia, Ontario and Quebec.

Check to see if you have recalled products in your home.  Recalled
products should be thrown out or returned to the store where they
were purchased.

If you have an allergy to peanuts, do not consume the recalled
products as they may cause a serious or life-threatening reaction.

There have been no reported reactions associated with the
consumption of these products.

The recall was triggered by Canadian Food Inspection Agency (CFIA)
test results.  The CFIA is conducting a food safety investigation,
which may lead to the recall of other products.  If other high-
risk products are recalled, the CFIA will notify the public
through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.

Affected products: 330 g. WD. Happy Boy Sesame Cookies


WYNDHAM VACATION: "Hudgens" FLSA Case Can't Proceed as Class Suit
-----------------------------------------------------------------
District Judge Richard Smoak in Panama City, Florida, denied
Plaintiffs' Motion to Conditionally Certify FLSA Collective Action
and Facilitate Notice to Potential Class Members in the case
captioned as, WAYMON HUDGENS, on behalf of Himself and all others
similarly situated, Plaintiff, v. WYNDHAM VACATION OWNERSHIP,
INC., a Foreign Profit Corporation, WYNDHAM VACATION RESPORTS,
INC., a Delaware Corporation, WYNDHAM WORLDWIDE OPERATIONS, INC.,
a Foreign Profit Corporation, Defendants, Case No. 5:14-cv-200-RS-
EMT (N.D. Fla.).

The Defendants opposed the request for certification.

Wyndham operates more than 185 vacation ownership resorts
worldwide, and has one resort in Panama City Beach, Florida. The
Wyndham resort that is the subject of this lawsuit is located at
14700 Front Beach Road, Panama City Beach, FL 32413. Plaintiff
filed this lawsuit on behalf of himself and other Sales Reps to
recover overtime compensation for hours these individuals worked
without being paid. To date, five Sales Reps have come forward to
participate in this case by opting-in to this matter. These Sales
Reps are Waymon Hudgens, Christina Hammer, Matthew Jones, Scott
Raven, and Elwyn Smith.

"There is a putative class of approximately 225 sales
representatives, each requiring a fact-specific inquiry into their
claims to determine the over-time hours worked by each
representative. Because of the complex and varying payment
schemes, this case is not appropriate for conditional
certification. Likewise, plaintiffs have failed to provide
substantial allegations of class-wide discrimination. Accordingly,
I find that Plaintiffs have failed to meet the burden of showing
that there are similarly situated sales representatives who desire
to opt-into this action," Judge Smoak said.

A copy of the Court's January 22, 2015 Order is available at
http://is.gd/BaR5T3from Leagle.com.

Waymon Hudgens, on behalf of himself and all others similarly
situated, Plaintiff, represented by Charles Ryan Morgan, Morgan &
Morgan PA & Kimberly De Arcangelis, Morgan & Morgan.

Wyndham et al. are represented by:

     Ajda Moreland Nguyen, Esq.
     Juan C Lopez-Campillo, Esq.
     Stephanie Leigh Adler-Paindiris, Esq.
     JACKSON LEWIS LLP
     390 N. Orange Avenue, Suite 1285
     Orlando, FL 32801
     Tel: (407) 246-8440
     Fax: (407) 246-8441
     E-mail: NguyenA@jacksonlewis.com
             Juan.Lopez@jacksonlewis.com


                             *********

S U B S C R I P T I O N  I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
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Chapman, Editors.

Copyright 2015. All rights reserved. ISSN 1525-2272.

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