/raid1/www/Hosts/bankrupt/CAR_Public/151222.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, December 22, 2015, Vol. 17, No. 254
Headlines
A-1 PARTY: Faces "Ortiz-Gonzalez" Suit Over Failure to Pay OT
ANTHEM INSURANCE: "Mertlich" Suit Removed to W.D. Wash. Ct.
AVER LLC: "Salazar" Suit Seeks Damages Under FLSA
BALDA C BREWER: Doesn't Properly Pay Employees, Action Claims
BESTMED LLC: Recalls Digital Temple Thermometers
BIRD BOWL: Faces "Gomez" Suit for ADA Violation
BOSTON SCIENTIFIC: Recalls Chariot(TM) Guiding Sheath Products
BRAVO PET: Recalls Chicken Blend Diet For Dogs & Cats
CLUB LUCKY: Sued in Cal. Over Unlawful Termination Policies
COOK COUNTY, IL: Illegally Collects Motion Filing Fee, Suit Says
DIAMOND FOODS: Faces "Johnson" Suit Over Snyder's Prop. Takeover
DIVERSIFIED ADJUSTMENT: Illegally Collects Debt, Suit Claims
DYAX CORP: Faces "Ford" Suit in Del. Over Proposed Sale to Shire
FIRST NIAGARA: Faces "Ira" Suit Over Proposed KeyCorp Merger
FLOTEK INDUSTRIES: Schonder Files Securities Class Action
FMA ALLIANCE: Illegally Collects Debts, "Romeo" Action Claims
FULTON COUNTY, GA: Sued Over Alleged Illegal Detention
GENERAL MILLS: "Longo" Class Suit Removed to E.D. New York
GENTEK INC: City of Greensboro Alleges Sherman Act Violations
HARDEE'S FOOD: "Werkmeister" Suit Removed to D. South Carolina
INFRASTRUCTURE REPAIR: Sued Over Failure to Pay Travel Time
INTERLINE EMPLOYEE: "Garcia" Seeks to Recover Unpaid Wages
JEM RAW: Recalls Nut Butter Spread Products Due to Salmonella
KRYPTON PEST: Faces "Gonzalez" Suit Over Failure to Pay Overtime
LUX BUS: Faces "Barnes" Suit Over Failure to Pay Overtime Wages
MAGARRO FARMS: Faces "Rocha" Suit Over Failure to Pay Overtime
MK LANDSCAPING: Faces "Aquino" Suit Over Failure to Pay Overtime
NATIONAL RETAIL: Faces "Limon" Suit Over Failure to Pay Overtime
PACIFIC SPECIALTY: Sued in Cal. Over Repair Cost Claims Denial
PERSONNEL STAFFING: "Campos" Suit Alleges FLSA Violations
RITE AID: Faces "Abadi" Suit Over Proposed Sale to Walgreens
RITE AID: Faces "Depietro" Suit Over Proposed Sale to Walgreens
SIENTRA INC: Faces "Kleiman" Suit Over Misleading Fin'l Report
SMITH & WOLLENSKY: McDonald Suit Seeks to Recover Unpaid OT Wages
SOLERA HOLDINGS: Sued in Delaware Over Proposed Sale to Vista
STAMM THEATRES: Sued Over Failure to Repair Unit Defects
STAPLES INC: Sued Over Americans with Disabilities Act Violation
SUNTIME ENERGY: Has Made Unsolicited Calls, "Weisberg" Suit Says
TAISHAN GYPSUM: Brook Files Suit Over Problematic Drywall
TITEFLEX CORPORATION: "Roy" Class Suit Removed to D. Maryland
THE SPOT: Fails to Pay Workers Overtime, "Dzotsenidze" Suit Says
TIO LUIS TACOS: "Rodriguez" Suit Alleges FLSA Violation
TOURIST PROMOTION: Faces "Beverly" Suit Over Failure to Pay OT
TRS RECOVERY: Illegally Collects Debt, "Schuler" Suit Claims
UBER TECHNOLOGIES: "Fisher" Suit Removed to W.D. Washington
USHA MIAMI: "Sandhu" Suit Seeks to Recover Unpaid Overtime Wages
UV LOGISTICS: "Griffis" Suit Alleges FLSA Violations
VMWARE INC: Faces "Ford" Suit Over Proposed Denali Merger
VOLKSWAGEN GROUP: "Bruno" Suit Seeks Damages Over Defeat Device
VOLKSWAGEN GROUP: "Bryan" Suit Seeks Damages Over Defeat Device
*********
A-1 PARTY: Faces "Ortiz-Gonzalez" Suit Over Failure to Pay OT
-------------------------------------------------------------
Jorge Ortiz-Gonzalez v. A-1 Party Rental Center and Does 1 through
100, inclusive, Case No. CIV536269 (Cal. Super. Ct., November 17,
2015) is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.
A-1 Party Rental Center operates a party rental business from its
principal place of business at 2529 Broadway Street, Redwood City,
San Mateo County, California.
The Plaintiff is represented by:
Mark L. Venardi, Esq.
Martin Zurada, Esq.
VENARDI ZURADA LLP
700 Ygnacio Valley Road, Suite 300
Walnut Creek, CA 94596
Telephone: (925) 937-3900
Facsimile: (925) 937-3905
E-mail: mzurada@vefirm.com
ANTHEM INSURANCE: "Mertlich" Suit Removed to W.D. Wash. Ct.
-----------------------------------------------------------
The class action lawsuit captioned Jennifer Mertlich, individually
and on behalf of other similarly situated persons v. Anthem
Insurance Companies, Inc., Case No. 15-00002-24745-0, 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-01783-JPD to the proceeding.
The case claims insurance-related claims.
Anthem Insurance Companies, Inc. operates a health insurance
company headquartered in Indianapolis, Indiana.
The Plaintiff is represented by:
Albert H. Kirby, Esq.
SOUND JUSTICE LAW GROUP PLLC
93 S. Jackson Street #63230
Seattle, WA 98104-2818
Telephone: (206) 489-3210
E-mail: ahkirby@soundjustice.com
- and -
Bradley Jerome Moore, Esq.
Catherine Jura Fleming, Esq.
STRITMATTER KESSLER WHELAN
200 2nd Ave W, 2nd Floor
Seattle, WA 98119-4204
Telephone: (206) 448-1777
Facsimile: (206) 728-2131
E-mail: brad@stritmatter.com
Catherine@Stritmatter.com
AVER LLC: "Salazar" Suit Seeks Damages Under FLSA
-------------------------------------------------
Carlos Salazar, and all others similarly-situated v. Aver, LLC dba
Aver Productions and Carmen Alemany, Case No. 1:15-cv-24345 (S.D.
Fla., November 23, 2015), seeks damages against the Defendants for
unpaid wages and unpaid overtime wages under the Fair Labor
Standards Act.
The Defendants operate a production firm in Florida.
The Plaintiff is represented by:
Anthony M. Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler St., Suite 2200
Miami, FL 33130
Tel: (305) 416-5000
Fax: (305) 416-5005
E-mail: agp@rgpattorneys.com
BALDA C BREWER: Doesn't Properly Pay Employees, Action Claims
-------------------------------------------------------------
Maria Estela Soria Madrigal, individually and on behalf of all
others similarly situated v. Balda C Brewer, Inc., and Does 1-50,
inclusive, Case No. 30-2015-00820218-CU-OE-CXC (Cal. Super. Ct.,
November 16, 2015) is brought against the Defendants for failure
to accurately calculate and pay hourly and overtime wages.
Balda C Brewer, Inc. operates a precision plastic mold and design
and manufacturing company operating in Orange County and
throughout the State of California.
The Plaintiff is represented by:
James R. Hawkins, Esq.
Christina M. Lucio, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
BESTMED LLC: Recalls Digital Temple Thermometers
------------------------------------------------
Bestmed, LLC, a medical device distributor, initiated a nationwide
recall of the Digital Temple Thermometer Model No. KD-2201
manufactured by K-Jump Health Co., Ltd, featuring lot numbers S/N:
3612 through S/N: 3715, which were sold between October 2012 until
the start of the recall in November 2015.
Some Digital Temple Thermometers contain a manufacturing problem
causing the affected thermometers to display temperatures that are
inaccurate and lower than actual body temperatures, which
potentially may cause the user or caregiver of the user to delay
or forego seeking appropriate care (generally an over-the-counter
fever reduction medication) or receive more care than appropriate,
when relying solely on the temperature display on the thermometer.
Consumers who have a Digital Temple Thermometer should immediately
stop using the device. Consumers may return the thermometer to
Bestmed for a replacement thermometer.
The following model number(s) have been recalled:
--- KD-2201
(Note: Model KD-2201L is not subject to this recall action)
The Digital Temple Thermometer is a hand-held thermometer and can
be identified by the DTT(TM) logo on the face, as shown below:
The back of the thermometer has a label with the KD-2201
designation as shown below. The slash-mark (/) is not part of the
model number. The lot number may be found on the bottom of the
back label, immediately after the designation "S/N:". In the
picture below, the lot number is S/N: 3113.
Bestmed voluntarily initiated the recall after becoming aware of
the inaccurate temperature readings by the Digital Temple
Thermometer, and confirming the source of the performance problem
with the manufacturer, K-Jump Health Co., Ltd.
The Digital Temple Thermometer was distributed throughout the
United States for direct sale and resale through consumer retail
stores, and through consumer retail stores in Canada under the
following packaging labels:
Bestmed
Good Neighbor
Kroger
Medline
Meijer
Premier Value
Safeway
Life Brand
Target
Top Care
Best Choice (Value Merchandise)
Western Family
To arrange for the return and replacement of the thermometer or to
ask questions, consumers should contact the Bestmed via telephone
at (877) 299-6700, facsimile at (303) 271-0163, or email at
DTTRecall@bestmedusa.com, at any time. Our office is available
Monday through Friday 9:00 AM to 7:30 PM, Eastern Time to speak
with a consumer support specialist, and all messages and email
will be responded to promptly.
Adverse reactions or quality problems experienced with the use of
this product may be reported to the FDA's MedWatch Adverse Event
Reporting program either online, by regular mail or by fax:
Complete and submit the report Online:
www.fda.gov/medwatch/report.htm
Regular Mail or Fax: Download form
www.fda.gov/MedWatch/getforms.htm or call 1-800-332-1088 to
request a reporting form, then complete and return to the address
on the pre-addressed form, or submit by fax to 1-800-FDA-0178
Pictures of the Recalled Products available at:
http://is.gd/wTdtMt
BIRD BOWL: Faces "Gomez" Suit for ADA Violation
-----------------------------------------------
Andres Gomez, individually and on behalf of all others similarly
situated v. Bird Bowl Investments LLP, Case No. 1:15-cv-24250
(S.D. Fla., November 13, 2015) is brought against the Defendant
for violation of the Americans with Disabilities Act.
Bird Bowl Investments LLP operates a bowling alley located at 9275
SW 40th St, Miami, FL 33165.
The Plaintiff is represented by:
Carlos R. Diaz, Esq.
STEWART, MURRAY & ASSOC. LAW GROUP, LLC
437 Grant Street, Suite 600
Pittsburgh, PA 15219
Telephone: (412) 765-3345
Facsimile: (412) 765-3346
E-mail: cdiaz@smalawgroup.com
BOSTON SCIENTIFIC: Recalls Chariot(TM) Guiding Sheath Products
--------------------------------------------------------------
Boston Scientific (NYSE: BSX) has voluntarily recalled the
Chariot(TM) Guiding Sheath globally. These devices are intended
for the introduction of interventional devices during peripheral
vascular procedures, and were recalled on November 19th due to the
risk of shaft separation. The U.S. Food and Drug Administration
(FDA) has classified the action as a Class-1 recall.
To date, Boston Scientific has received fourteen complaints for
shaft separation, four of which involved separation of the distal
shaft. These events occurred during device preparation or use. The
most severe outcome of this failure is embolism of device
fragments, which could lead to obstruction of blood flow or
additional intervention to remove a device fragment. Obstruction
of blood flow can result in injuries such as stroke, kidney damage
or damage to the intestines or limbs. To date, no permanent
injuries or patient deaths have been reported.
All affected healthcare facilities were previously advised to
immediately discontinue use of affected devices and return unused
Chariot Guiding Sheaths to Boston Scientific. Additionally,
physicians are encouraged to contact all patients who have
undergone procedures involving Chariot to confirm their post-
procedure status, as device shaft separation and embolized
fragments may not have been recognized at the time of the
procedure.
The recall affects all UPNs of the Chariot Guiding Sheaths.
Customers have been advised to remove the affected recalled
product from inventory and return it to Boston Scientific.
H74939277645110 H74939277745110 H74939277845110
--------------- --------------- ---------------
H74939277690210 H74939277665110 H74939277790110
H74939277690220 H74939277690110 H74939277865110
H74939277845210 H74939277765110 H74939277545210
H74939277745210 H74939277545110 H74939277790220
H74939277645210 H74939277690120 H74939277665120
H74939277645220 H74939277765120
--------------- ---------------
H74939277645120 H74939277865120
H74939277745120 H74939277890120
H74939277790210 H74939277845120
H74939277790120 H74939277745220
H74939277890110
Physicians and healthcare facilities can direct questions to their
Boston Scientific representative or by calling 1-800-811-3211.
Adverse reactions or quality problems experienced with the use of
this product may be reported to the FDA MedWatch Adverse Event
Reporting program either online, by regular mail or by fax.
Complete and submit the report Online:
www.fda.gov/medwatch/report.htm
Regular Mail or Fax: Download form
www.fda.gov/MedWatch/getforms.htm or call 1-800-332-1088 to
request a reporting form, then complete and return to the address
on the pre-addressed form, or submit by fax to 1-800-FDA-0178 or
Health care professionals and consumers may report serious adverse
events or product quality problems with the use of this product to
Boston Scientific by calling 1-800-811-3211 and to the FDA's
MedWatch Adverse Event Reporting program either online, by regular
mail, fax or phone.
BRAVO PET: Recalls Chicken Blend Diet For Dogs & Cats
-----------------------------------------------------
Bravo Pet Foods of Manchester, CT is recalling a select lot of
Bravo Chicken Blend diet for dogs & cats with a best used by date
of 11/13/16 due to concerns of the possible presence of
Salmonella. Out of an abundance of caution, Bravo is also
recalling three additional items that did not test positive for
Salmonella, but were manufactured on the same day. Salmonella can
affect animals eating the products and there is risk to humans
from handling contaminated pet products, especially if they have
not thoroughly washed their hands after having contact with the
products or any surfaces exposed to these products.
Healthy people infected with Salmonella should monitor themselves
for some or all of the following symptoms: nausea, vomiting,
diarrhea or bloody diarrhea, abdominal cramping and fever. Rarely,
Salmonella can result in more serious ailments, including arterial
infections, endocarditis, arthritis, muscle pain, eye irritation,
and urinary tract symptoms. Consumers exhibiting these signs after
having contact with this product should contact their healthcare
providers. Always use proper caution when handling raw foods.
Pets with Salmonella infections may be lethargic and have diarrhea
or bloody diarrhea, fever, and vomiting. Some pets will have only
decreased appetite, fever and abdominal pain. Infected but
otherwise healthy pets can be carriers and infect other animals or
humans. If your pet has consumed the recalled product and has
these symptoms, please contact your veterinarian.
These products were sold to distributors, retail stores, internet
retailers, and directly to consumers in the U.S.
The following product is being voluntarily recalled because of the
possible presence of Salmonella .
Product Item # Size Best Used by Date UPC
------- ------ ---- ----------------- ---
Bravo Blend 21-102 2 lb. 11-13-16 829546211028
Chicken diet (32oz.)
for dogs & chub
cats - chub
The recall was initiated after routine testing of a 2 lb. chub of
Bravo Chicken Blend diet for dogs and cats (Item #21-102) by the
Colorado State Department of Agriculture, collected at a single
retailer, revealed the presence of Salmonella. Two hundred and one
cases of this product were sold to distributors, retail stores,
and directly to consumers in the U.S. between 11/21/14 and
1/15/15.
Out of an abundance of caution, Bravo is also recalling three
additional items that did not test positive for Salmonella, but
were manufactured on the same day: 250 cases of Bravo Blend
Chicken diet for dogs & cats - 5 lb. chubs only, 8 cases of Bravo
Blend Turkey diet for dogs & cats - 8 oz. patties only and 60
cases of Bravo Balance Turkey diet for dogs - 4 oz. patties only.
These products DID NOT test positive for Salmonella, but are also
being voluntarily recalled out of an abundance of caution.
Product Item # Size Best Used by Date UPC
------- ------ ---- ----------------- ---
Bravo Blend 21-105 5 lb. 11-13-16 829546211059
Chicken diet (90 oz.)
for dogs & chub
cats - chub
Bravo Blend 31-508 5 lb. 11-13-16 8829546315085
Turkey diet bag of
for dogs & 8 oz.
cats - patties
patties
Bravo Balance 31-401 3 lb. 11-13-16 829546314019
Turkey diet bag of
for dogs - 4 oz.
patties patties
No additional products are affected by this recall. The company
has received no reports to date of illness in either people or
animals associated with these products.
All products tested negative by a third party independent
laboratory prior to release for distribution and sale to
consumers.
The recalled product should not be sold or fed to pets. Pet owners
who have the affected product at home should dispose of this
product in a safe manner (example: a securely covered trash
receptacle).
To submit a claim, pet owners should return to the store where
they bought the product.
To get a refund at the store where you bought the product:
Customers should return to the store where they purchased the
product and submit the Bravo Recall Claim Form available on the
Bravo website,
http://www.bravopetfoods.com/consumerrecall.htmldisclaimericon,
for a full refund or store credit. See Bravo Product Claim Form
for details.
More information on the Bravo recall can also be found at
www.bravopetfoods.comdisclaimer icon, or call toll free (866) 922-
9222 Monday through Friday 9:00 am to 4:00 pm (EST).
Pictures of the Recalled Products available at:
http://is.gd/HEABH7
CLUB LUCKY: Sued in Cal. Over Unlawful Termination Policies
-----------------------------------------------------------
Wendy Morales v. Club Lucky Presents, Inc. d/b/a The Velvet
Lounge, et al., Case No. 30-2015-00820807-CU-WT-CJC (Cal. Super.
Ct., November 18, 2015) arises out of the Defendants' alleged
unlawful harassment, discrimination and termination practices.
Club Lucky Presents, Inc. owns and operates a bar and nightclub in
the city of Santa Ana.
The Plaintiff is represented by:
Devon M. Lyon, Esq.
LYON LEGAL
2698 Junipero Ave., Suite 201A
Signal Hill, CA 907 55
Telephone: (562) 216-7382
Facsimile: (562) 216-7385
E-mail: d.lyon@lyon-legal.com
COOK COUNTY, IL: Illegally Collects Motion Filing Fee, Suit Says
----------------------------------------------------------------
Midwest Medical Records Association, Inc., individually and on
behalf of all others similarly situated v. Dorothy Brown, Maria
Pappas, and Cook County, Illinois, Case No. 2015CH16986 (Ill. Ch.
Ct. November 19, 2015) arises out of the Defendants' unlawful
charging and collection of a fee for filing a motion or petition
to reconsider, vacate or modify interlocutory orders in the
Circuit Court.
Cook County, Illinois is a county in the State of Illinois, a body
politic and corporate.
Dorothy Brown is the Clerk of the Circuit Court of Cook County.
Maria Pappas is the Treasurer of Cook County.
The Plaintiff is represented by:
Alan R. Borlack, Esq.
BAILEY BORLACK NADELHOFFER LLC
135 South LaSalle, Suite 3950
Chicago, IL 60603
Telephone: (312) 629-2700
E-mail: aborlack@bbn-law.com
DIAMOND FOODS: Faces "Johnson" Suit Over Snyder's Prop. Takeover
----------------------------------------------------------------
David Johnson, individually and on behalf of all others similarly
situated v. Diamond Foods, Inc., et al., Case No. 11721 (Del. Ch.
Ct., November 18, 2015) is brought on behalf of all the public
stockholders of Diamond Foods, Inc., to enjoin the proposed
acquisition of the publicly owned shares of Diamond Foods by
Snyder's-Lance, Inc., through a flawed process and inadequate
considerations.
Diamond Foods, Inc. is a snack food and culinary nut company
focused on making innovative, convenient and delicious snacks as
well as culinary nuts.
Snyder's-Lance, Inc. is a snack food company that is engaged in
the manufacturing, distribution, marketing and sale of snack food
products.
The Plaintiff is represented by:
James R. Banko, Esq.
Derrick B. Farrell, Esq.
FARUQI & FARUQI, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Telephone: (302) 482-3182
E-mail: jbanko@faruqilaw.com
dfarrell@faruqilaw.com
- and -
Juan E. Monteverde, Esq.
Innessa S. Melamed, Esq.
FARUQI & FARUQI, LLP
369 Lexington Avenue, 10th Fl.
New York, NY10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: jmonteverde@faruqilaw.com
imelamed@faruqilaw.com
DIVERSIFIED ADJUSTMENT: Illegally Collects Debt, Suit Claims
------------------------------------------------------------
Virginia Gilmore, on behalf of herself and all others similarly
situated v. Diversified Adjustment Service, Inc., et al., Case No.
2:15-cv-01492 (W.D. Pa., November 15, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Diversified Adjustment Service, Inc. operates a debt collection
firm in Pennsylvania.
The Plaintiff is represented by:
Mark G. Moynihan, Esq.
MOYNIHAN LAW
112 Washington Pl Ste 1-N
Pittsburgh, PA 15219
Telephone: (412) 889-8535
Facsimile: (800) 997-8192
E-mail: mark@moynihanlaw.net
DYAX CORP: Faces "Ford" Suit in Del. Over Proposed Sale to Shire
----------------------------------------------------------------
Brian T. Ford, on behalf of himself and all others similarly
situated v. Dyax Corp., et al., Case No. 11712 (Del. Ch. Ct.,
November 17, 2015) is brought on behalf of all the public
stockholders of Dyax Corp., to enjoin a proposed transaction
announced on November 2, 2015, pursuant to which Dyax will be
acquired by Shire plc and its affiliates.
Dyax Corp. is a biopharmaceutical company that focuses on
developing and commercializing novel therapies for patients with
rare diseases.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
FIRST NIAGARA: Faces "Ira" Suit Over Proposed KeyCorp Merger
------------------------------------------------------------
Howard L. Grossman Rollover Ira, individually and on behalf
of all others similarly situated v. First Niagara Financial Group,
Inc., et al., Case No. 11710 (Del. Ch. Ct., November 17, 2015) is
brought on behalf of all the public shareholders of First Niagara
Financial Group, Inc. to enjoin the proposed merger of First
Niagara with KeyCorp via an unfair and uninformed process.
First Niagara Financial Group, Inc. provides a range of retail and
commercial banking, as well as other financial services through
its wholly owned bank subsidiary, First Niagara Bank, N.A.
KeyCorp is a bank holding company that operates through its
subsidiary, KeyBank National Association, which is engaged in
providing banking services.
The Plaintiff is represented by:
Robert D. Goldberg, Esq.
BIGGS AND BATTAGLIA
921 N Orange St.
Wilmington, DE 19801
Telephone: (302) 655-9677
- and -
Aaron Brody, Esq.
Michael Klein, Esq.
STULL, STULL & BRODY
6 East 45th Street
New York, NY 10017
Telephone: (212) 687-7230
Facsimile: (212) 490-2022
E-mail: abrody@ssbny.com
mklein@ssbny.com
FLOTEK INDUSTRIES: Schonder Files Securities Class Action
---------------------------------------------------------
Michael Schonder, Kim Werba, and all others similarly-situated v.
Flotek Industries, Inc., John W. Chisholm, H. Richard Walton, and
Robert M. Schmitz, Case No. 4:15-cv-03432 (S.D. Tex., November 23,
2015), is brought against the Defendants for violations of the
Securities Exchange Act of 1934.
This is a federal securities class action on behalf of all
investors who purchased or otherwise acquired Defendant Flotek
Industries common stock between October 23, 2014 through November
9, 2015, inclusive.
Flotek Industries, Inc., is a Delaware corporation with its
principal place of business in Houston, Texas. The Company trades
on the NYSE stock exchange under the ticker symbol "FTK", and
claims that it is a "global developer and distributor of a
portfolio of oilfield technologies, including specialty chemicals
and down-hole drilling and production equipment."
The Individual Defendants are officers of Flotek Industries.
The Plaintiffs are represented by:
Willie C. Briscoe, Esq.
THE BRISCOE LAW FIRM, PLLC
8150 North Central Expressway, Suite 1575
Dallas, TX 75206
Tel: (214) 239-4568
Fax: (281) 254-7789
E-mail: wbriscoe@thebriscoelawfirm.com
FMA ALLIANCE: Illegally Collects Debts, "Romeo" Action Claims
-------------------------------------------------------------
Louis Romeo, Christopher Motz, and Deborah Arpino, individually
and on behalf of all others similarly situated v. FMA Alliance,
Ltd., Case No. 2:15-cv-06524 (E.D.N.Y., November 13, 2015) seeks
to stop the Defendant's unfair and unconscionable means to collect
a debt.
FMA Alliance, Ltd. operates an accounts receivable management
company in New York.
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203-7600
Facsimile: (516) 706-5055
E-mail: csanders@sanderslawpllc.com
FULTON COUNTY, GA: Sued Over Alleged Illegal Detention
------------------------------------------------------
Oswald Thompson, Jr., individually and on behalf of all others
similarly situated v. Sheriff Theodore Jackson, Fulton County,
Georgia, and John Doe Defendants, Case No. 2015CV268206 (D. Ga.,
November 16, 2015) is brought against the Defendants for the false
arrest and false imprisonment of inmates at the Fulton County Jail
in November of 2014.
Fulton County, Georgia is a county in the State of Georgia.
The Plaintiff is represented by:
Jessica Stern, Esq.
STERN Law, LLC
1100 Spring Street, NW, Suite 460
Atlanta, GA 30309
Telephone: (404) 990-4112
Facsimile: (404) 990-4936
E-mail: Jessica@sternlawfirm.us
- and -
Mark Begnaud, Esq.
Nathanael A. Horsley, Esq.
HORSLEY BEGNAUD, LLC
750 Hammond Drive,
Building 12, Suite 300
Atlanta, GA 30328
Telephone: (770) 765-5559
E-mail: mbegnaud@gacivilrights.com
nhorslev@gacivilrights.com
GENERAL MILLS: "Longo" Class Suit Removed to E.D. New York
----------------------------------------------------------
Darlene Longo, individually and on behalf of all others similarly
situated v. General Mills, Inc., et al., Case No. 610861/2015, was
removed from the New York State Supreme Court, County of Suffolk
to the U.S. District Court Eastern District of New York (Central
Islip). The District Court Clerk assigned Case No. 2:15-cv-06527-
JFB-SIL to the proceeding.
The Plaintiff asserts product liability claims.
General Mills, Inc. is a manufacturer and marketer of branded
consumer foods sold through retail stores.
The Plaintiff is represented by:
Marie Napoli, Esq.
NAPOLI LAW PLLC
1301 Avenue of the Americas, 10th Flr.
New York, NY 10019
Telephone: (212) 397-1000
The Defendant is represented by:
Manny Joseph Caixeiro, Esq.
PERKINS COIE LLP
30 Rockefeller Plaza, 22nd Floor
New York, NY 10112
Telephone: (212) 262-6900
Facsimile: (212) 977-1649
E-mail: mcaixeiro@perkinscoie.com
GENTEK INC: City of Greensboro Alleges Sherman Act Violations
-------------------------------------------------------------
City of Greensboro, and all others similarly-situated v. Frank A.
Reichl; General Chemical Corporation; General Chemical Performance
Products, LLC; GenTek Inc.; Chemtrade Logistics Income Fund;
Chemtrade Logistics Inc.; Chemtrade Chemicals Corporation;
Chemtrade Chemicals US, LLC; and John Does 1-10, Case No. 2:15-cv-
08230 (D.N.J., November 23, 2015), seeks to recover treble
damages, equitable relief, and costs of suit, including reasonable
attorneys' fees, against the Defendants for violations of Sections
1 and 3 of the Sherman Act.
The Plaintiff alleges that during the Class Period, defendants
conspired, combined and contracted to fix, raise, maintain and
stabilize prices at which liquid aluminum sulfate would be sold.
According to the complaint, defendants met, discussed each other's
aluminum sulfate businesses, discussed prices to be quoted or bid
to customers, and divided up customers among themselves.
Defendants are manufacturers and distributors of liquid aluminum
sulfate used primarily by municipalities in potable water and
wastewater treatment and by pulp and paper manufacturers as part
of their manufacturing processes. Liquid aluminum sulfate is also
used for algae control in lakes and ponds, to fix dyes to fabrics
and textiles, and by poultry houses as a litter amendment for
ammonia control.
The Plaintiff is represented by:
Carlo Scaramella, Esq.
LAW OFFICES OF CARLO SCARAMELLA, LLC
10000 Lincoln Drive East, Suite 201
Marlton, NJ 08053
Tel: (856) 914-0114
Fax: (856) 914-0117
E-mail: cs@lawofcs.com
- and -
Robert S. Kitchenoff, Esq.
WEINSTEIN KITCHENOFF & ASHER LLC
100 South Broad Street, Suite 705
Philadelphia, PA 19110-1061
Tel: (215) 545-7200
Fax: (215) 545-6535
E-mail: Kitchenoff@WKA-Law.com
- and -
Robert C. Cone, Esq.
TUGGLE DUGGINS P.A.
100 North Greene Street
P.O. Box 2888
Greensboro, NC 27402-2888
Tel: (336) 271-5230
Fax: (336) 274-6590
E-mail: rcone@tuggleduggins.com
HARDEE'S FOOD: "Werkmeister" Suit Removed to D. South Carolina
--------------------------------------------------------------
The class action lawsuit entitled Cody Werkmeister, individually
and on behalf of all those similarly situated v. Hardee's Food
Systems LLC f/k/a Hardee's Food Systems Inc., Case No. 2015-CP-42-
03982, was removed from the Spartanburg County Court of Common
Pleas to the U.S. District Court District of South Carolina
(Spartanburg). The District Court Clerk assigned Case No. 7:15-cv-
04598-MGL to the proceeding.
The Plaintiff asserts product liability claims.
Hardee's Food Systems LLC operates Hardee's fast-food restaurant
chain.
The Plaintiff is represented by:
Brett E. Dressler, Esq.
SELLERS HINSHAW AYERS DORTCH AND LYONS
301 S McDowell Street, Suite 410
Charlotte, NC 28204
Telephone: (704) 377-5050
E-mail: bdressler@sellersayers.com
The Defendant is represented by:
Charles O. Williams III, Esq.
MCANGUS GOUDELOCK AND COURIE
1320 Main Street
Tenth Floor
Columbia, SC 29211
Telephone: (803) 779-2300
Facsimile: (803) 748-0526
E-mail: cwilliams@mgclaw.com
INFRASTRUCTURE REPAIR: Sued Over Failure to Pay Travel Time
-----------------------------------------------------------
Frank Callahan, on behalf of himself and all other similarly
situated individuals v. Infrastructure Repair Technologies, Inc.
and Jeff Ewing, Case No. 15-6362 (Mass. Cmmw., November 16, 2015)
is brought against the Defendants for failure to pay its employees
for all travel time when they are assigned to drive and ride in
one of IRT's company vehicles.
The Defendants own and operate a contracting company which
provides contracting services to customers throughout the
Commonwealth of Massachusetts.
The Plaintiff is represented by:
Matthew T. LaMothe, Esq.
Paul E.X. Yasi, Esq.
Brian P McNiff, Esq.
FORREST, LAMOTHE, MAZOW, MCCULLOUGH, YASI & YASI, P.C.
2 Salem Green, Suite 2
Salem, MA 01970
Telephone: (617) 231-01970
E-mail: mlamothe@forrestlamothe.com
pyasi@forrestlamothe.com
bmcniff@forrestlamothe.com
INTERLINE EMPLOYEE: "Garcia" Seeks to Recover Unpaid Wages
----------------------------------------------------------
Ramon Garcia, and all others similarly-situated v. Interline
Employee Assistance Program, Inc., Robert Corrado, Kim Corrado,
Kristina Corrado, Michael Kelly, and John Does #1-10, Case No.
1:15-cv-06731 (E.D.N.Y., November 23, 2015), seeks unpaid minimum
wages, overtime wages and liquidated damages pursuant to the Fair
Labor Standards Act.
The Defendants own and operate an OASAS-licensed outpatient
substance abuse program.
The Plaintiff is represented by:
William C. Rand, Esq.
LAW OFFICE OF WILLIAM COUDERT RAND
501 Fifth Ave., 15th Floor
New York, NY 10017
Tel: (212) 286-1425
Fax: (646) 688-3078
JEM RAW: Recalls Nut Butter Spread Products Due to Salmonella
-------------------------------------------------------------
JEM Raw Chocolate, LLC (JEM Raw) of Bend, Oregon announced a
voluntary recall of its full line of all nut butter spreads within
expiry because it has the potential to be contaminated with
Salmonella, an organism which can cause serious and sometimes
fatal infections in young children, frail or elderly people, and
others with weakened immune systems. Healthy persons infected with
Salmonella often experience fever, diarrhea (which may be bloody),
nausea, vomiting and abdominal pain. In rare circumstances,
infection with Salmonella can result in the organism getting into
the bloodstream and producing more severe illnesses such as
arterial infections (i.e., infected aneurysms), endocarditis and
arthritis.
Health authorities, including the Food and Drug Administration
(FDA), Oregon Health Authority (OHA), Oregon Department of
Agriculture (ODA), Center for Disease Control (CDC) have linked
the illnesses to person(s) who have consumed nut spreads,
including JEM Raw products. There have been eleven (11) illnesses
reported but no deaths or hospitalizations to date.
In light of this investigation, and with an abundance of caution,
JEM Raw has initiated a voluntary recall of all products and
sizes, packaged in glass jars, and sold under brand name JEM Raw
Organics.
The following products are recalled:
Product Name Net Weight (oz.) UPC
------------ ---------------- ---
Cashew Cardamom- 1 6 09728 97861 7
Sprouted Cashew
Almond Spread
Cinnamon Red Maca- 1 6 09728 97862 4
Sprouted Almond
Spread
Hazelnut Raw Cacao- 1 6 09728 97865 5
Sprouted Hazelnut
Spread
Superberry Maqui 1 6 09728 97864 8
Camu - Sprouted
Almond Spread
Cashew Cardamom 6 6 09728 97860 0-
Sprouted Cashew
Almond Spread
Cinnamon Red Maca- 6 6 09728 97848 8
Sprouted Almond
Spread
Hazelnut Raw Cacao- 6 6 09728 97857 0
Sprouted Hazelnut
Spread
Superberry Maqui 6 6 09728 97858 7
Camu - Sprouted
Almond Spread
Cashew Cardamom - 16 6 09728 97854 9
Sprouted Cashew
Almond Spread
Cinnamon Red Maca- 16 6 09728 97850 1
Sprouted Almond
Spread
Hazelnut Raw Cacao- 16 6 09728 97851 8
Sprouted Hazelnut
Spread
Superberry Maqui 16 6 09728 97852 5
Camu - Sprouted
Almond Spread
The JEM Raw recalled products were distributed nationwide in
retail stores and through mail order. Products are distributed
between June 2015 and November 2015.
JEM Raw is working with distributors and retailers to remove these
products from retail shelves. Consumers do not need to return the
product to the store where it was purchased. Instead, consumers
should discard any product and its container. JEM Raw will work
directly with each consumer to manage replacement of its product.
Additional details can be found at www.jemraw.com. Those with
questions may contact JEM Raw Chocolate, LLC at (541) 728-3844
between 9am 4pm PST, Monday through Friday.
Jen Moore, co-founder and CEO, said, "We are taking these steps
because consumer safety is our top priority. As a health food
company, our customer's health is our number one priority.
Although no JEM Raw products have tested positive for Salmonella,
we feel strongly that issuing a voluntary recall is the right
thing to do. JEM is working closely with the FDA, ODA, and OHA to
determine the root cause of the outbreak."
Pictures of the Recalled Products available at:
http://is.gd/YgHXdh
KRYPTON PEST: Faces "Gonzalez" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Damian Gonzalez, and other similarly situated individuals v.
Krypton Pest Control, Co. and Hector Rivera, Case No. 34685947
(Fla. 11th Ct., November 19, 2015) seeks to recover unpaid
overtime wages and damages pursuant to the Fair Labor Standard
Act.
The Defendants own and operate a pest control service company
located at 2215 W 78th St, Hialeah, FL 33016.
The Plaintiff is represented by:
Anthony M. Georges, Esq.
REMER & GEORGES-PIERRE, P L LC
44 West Flagler St., Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: agp@rgpattorneys.com
LUX BUS: Faces "Barnes" Suit Over Failure to Pay Overtime Wages
---------------------------------------------------------------
Terry Barnes, individually and on behalf of other members of the
general public similarly situated v. Lux Bus America, Co. and Does
1-10, Inclusive, Case No. BC601208 (Cal. Super. Ct., November 17,
2015) is brought against the Defendants for failure to pay
overtime wages in violation of the California Labor Code.
The Defendants operate a tour and transportation services company
in California.
The Plaintiff is represented by:
William B. Sullivan, Esq.
Eric K. Yaeckel, Esq.
Clint S. Engleson, Esq.
SULLIVAN LAW GROUP, APC
2330 Third Avenue
San Diego, CA 92101
Telephone: (619) 702-6760
Facsimile: (619) 702-6761
E-mail: helen@sullivanlawgroupapc.com
yaeckel@sullivanlawgroupllp.com
cengleson@sullivanlawgroupllp.com
MAGARRO FARMS: Faces "Rocha" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Manuel Rocha v. Magarro Farms & Cold Storage and Does 1 through
50, Inclusive, Case No. 30-2015-00820754-CU-OE-CJC (Cal. Super.
Ct., November 18, 2015) is brought against the Defendants for
failure to pay overtime wages and damages pursuant to the
California Labor Code.
Magarro Farms & Cold Storage operates a fruit precooling services
company in California.
The Plaintiff is represented by:
Anthony B. Daye, Esq.
THE DAYE FIRM PC
321 5th Street
Huntington Beach, CA 92648
Telephone: (714) 988-9531
Facsimile: (714) 988-9531
E-mail: adaye@thedayefirm.com
MK LANDSCAPING: Faces "Aquino" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Oliver Aquino, Roberto Aquino and Misael Chavez, individually and
on behalf of those similarly situated v. M.K. Landscaping Inc. and
Noe S. Martinez, Case No. 607489/2015 (N.Y. Sup. Ct., November 18,
2015) is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.
The Defendants operate a landscaping company located at 1130
Carlls Straight Path, Huntington Station, New York 11746.
The Plaintiff is represented by:
Brett R. Cohen, Esq.
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
NATIONAL RETAIL: Faces "Limon" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Francisco Limon, on behalf of himself, all others similarly
situated, and on behalf of the general public v. National Retail
Transportation and Does 1-100, inclusive, Case No. RG15776483
(Cal. Super. Ct., November 18, 2015) is brought against the
Defendants for failure to pay overtime wages in violation of the
California Labor Code.
National Retail Transportation, Inc. provides LTL trucking, store
delivery, pool point distribution, and pier drayage services.
The Plaintiff is represented by:
William Turley, Esq.
David Mara, Esq.
THE TURLEY LAW FIRM, APLC
7428 Trade Street
San Diego, CA 92121
Telephone: (619) 234-2833
Facsimile: (619) 234-4048
PACIFIC SPECIALTY: Sued in Cal. Over Repair Cost Claims Denial
--------------------------------------------------------------
Elias Mendoza and Priscila Mendoza v. Pacific specialty Insurance
Company and Does 1 through 15, Case No. CIV536273 (Cal. Super.
Ct., November 17, 2015) is an action for damages as a result of
the Defendant's alleged denial of claims for repair costs
associated with testing for and abatement of lead and asbestos.
Pacific specialty Insurance Company is a California corporation
and is licensed by the California Department of Insurance to sell
homeowner policies in the State of California.
The Plaintiff is represented by:
J. Edward Kerley, Esq.
Dylan L. Schaffer, Esq.
KERLEY SCHAFFER LLP
1939 Harrison Street, # 500
Oakland, CA 94612
Telephone: (510) 379-5801
Facsimile: (510) 228-0350
E-mail: edward@kslaw.us
dylan@kslaw.us
PERSONNEL STAFFING: "Campos" Suit Alleges FLSA Violations
---------------------------------------------------------
Jose Campos, Julio Campos, and all others similarly-situated v.
Personnel Staffing Group, LLC dba MVP, MVP Workforce, LLC and W2
Enterprises, LLC, Case No. 1:15-cv-10554 (N.D. Ill., November 23,
2015), is brought against the Defendants for failure to pay
overtime wages in violations of the Fair Labor Standard Act and
the Illinois Minimum Wage Law.
The Defendants are temporary staffing agencies which specialize in
providing laborers to third party client companies.
The Plaintiffs are represented by:
Christopher J. Williams, Esq.
WORKERS' LAW OFFICE, PC
53 W. Jackson Blvd, Suite 701
Chicago, IL 60604
Tel: (312) 795-9121
RITE AID: Faces "Abadi" Suit Over Proposed Sale to Walgreens
------------------------------------------------------------
Simon Abadi, on behalf of himself and all others similarly
situated v. Rite Aid Corporation, et al., Case No. 11716 (Del. Ch.
Ct., November 18, 2015) is brought on behalf of all the public
stockholders of Rite Aid Corporation to enjoin the proposed
agreement to sell Rite Aid to Walgreens Boots Alliance, Inc.,
through a flawed process and inadequate consideration.
Rite Aid Corporation operates drugstore chains with nearly 4,600
stores in 31 states and the District of Columbia and fiscal 2015
annual revenues of $26.5 billion.
Walgreens Boots Alliance, Inc. describes itself as the first
global pharmacy-led, health and wellbeing enterprise.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
- and -
Richard A. Acocelli, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Eesq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: (212) 682-3025
E-mail: racocelli@weisslawllp.com
mrogovin@weisslawllp.com
RITE AID: Faces "Depietro" Suit Over Proposed Sale to Walgreens
---------------------------------------------------------------
Dean Depietro, individually and on behalf of all others similarly
situated v. Rite Aid Corporation, et al., Case No. 11711 (Del. Ch.
Ct., November 17, 2015) is brought on behalf of all the public
stockholders of Rite Aid Corporation to enjoin the proposed
agreement to sell Rite Aid to Walgreens Boots Alliance, Inc.,
through a flawed process and inadequate consideration.
Rite Aid Corporation operates drugstore chains with nearly 4,600
stores in 31 states and the District of Columbia and fiscal 2015
annual revenues of $26.5 billion.
Walgreens Boots Alliance, Inc. describes itself as the first
global pharmacy-led, health and wellbeing enterprise.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
- and -
Donald J. Enright, Esq.
Elizabeth K. Tripodi, Esq.
LEVI & KORSINSKY, LLP
1101 30th St. N.W., Suite 115
Washington, D.C. 20007
Telephone: (202) 524-4290
E-mail: denright@zlk.com
etripodi@zlk.com
SIENTRA INC: Faces "Kleiman" Suit Over Misleading Fin'l Report
--------------------------------------------------------------
Howard Kleiman, individually and on behalf of all others similarly
situated v. Sientra, Inc., et al., Case No. CIV536313 (Cal. Super.
Ct., November 19, 2015) alleges that the Defendants made false and
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects.
Sientra, Inc. is a medical aesthetics company that develops and
sells medical aesthetics products to plastic surgeons, including
silicone gel breast implants for use in breast augmentation and
breast reconstruction procedures, breast tissue expanders, and
implants for contouring purposes to various parts of the body.
The Plaintiff is represented by:
Ian D. Berg, Esq.
Takeo A. Kellar, Esq.
ABRAHAM, FRUCHTER & TWERSKY, LLP
11622 El Camino Real, Suite 100
San Diego, CA 92130
Telephone: (858) 764- 2580
Facsimile: (858) 764-2582
E-mail: tberg@aftlaw.com
tkellar@aftlaw.com
SMITH & WOLLENSKY: McDonald Suit Seeks to Recover Unpaid OT Wages
-----------------------------------------------------------------
Michael McDonald, on behalf of himself and all others similarly
situated v. Smith & Wollensky of Boston LLC, Smith & Wollensky
Atlantic Wharf LLC, Case No. 15-3503 (Mass. Cmmw., November 17,
2015) seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standard Act.
The Defendants own and operate a restaurant located at 260
Franklin Street, Suite 240, Boston, MA 02110.
The Plaintiff is represented by:
Brook S. Lane, Esq.
Robert Messinger, Esq.
REGAN, LANE & MESSENGER LLP
41 Winter Street, Fifth Floor
Boston, MA 02108
Telephone: (774) 847-7390
Facsimile: (617) 778-9742
SOLERA HOLDINGS: Sued in Delaware Over Proposed Sale to Vista
-------------------------------------------------------------
City of Warren Police and Fire Retirement System, individually and
on behalf of all others similarly situated v. Solera Holdings,
Inc., et al., Case No. 11713 (Del. Ch. Ct., November 17, 2015) is
brought on behalf of all the public stockholders of Solera
Holdings, Inc., to enjoin the proposed acquisition of the Company
by Vista Equity Partners, through a flawed process and inadequate
consideration.
Solera Holdings, Inc. is a global provider of software to the
automobile insurance company.
The Plaintiff is represented by:
R. Bruce McNew, Esq.
WILKS LUKOFF & BRACEGIRDLE LLC
1300 North Grant Avenue, Suite 100
Wilmington, DE 19806
Telephone: (302) 225-0850
Facsimile: (302) 225-0024
E-mail: mcnew@wlblaw.com
- and -
Randall J. Baron, Esq.
David T. Wissbroecker, Esq.
Eun Jin Lee, Esq.
ROBBINS GELLER RUDMAN & DOWN LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: randyb@rgrdlaw.com
DWissbroecker@rgrdlaw.com
elee@rgrdlaw.com
STAMM THEATRES: Sued Over Failure to Repair Unit Defects
--------------------------------------------------------
Jonathan Scarlata v. Stamm Theatres, Incorporated and Does 1-30,
Case No. 15793709 (Cal. Super. Ct., November 18, 2015) is brought
on behalf of the tenants who suffered emotional distress, physical
injury, over-payment of rent, and out-of-pocket expenses as a
result of the Defendants' failure and refusal to make repairs of
the habitability defects to the subject premises.
Stamm Theatres, Incorporated operates a real estate company
located in Antioch, California.
The Plaintiff is represented by:
Andrew Wolff, Esq.
Chris Beatty, Esq.
LAW OFFICES OF ANDREW WOLFF, PC
1970 Broadway, Ste. 210
Oakland, CA 94612
Telephone: (510) 834-3300
Facsimile: (510) 834-3377
E-mail: andrew@awolfflaw.com
chris@awolfflaw.com
STAPLES INC: Sued Over Americans with Disabilities Act Violation
----------------------------------------------------------------
Christhian Diaz, on behalf of himself and all others similarly
situated v. Staples, Inc., Staples the Office Superstore East,
Inc., and Staples the Office Superstore, LLC, Case No. 1:15-cv-
08948 (S.D.N.Y., November 13, 2015) is brought against the
Defendants for violation of the Americans with Disabilities Act.
The Defendants operate an office supply chain store throughout the
United States.
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
SUNTIME ENERGY: Has Made Unsolicited Calls, "Weisberg" Suit Says
----------------------------------------------------------------
Marissa Weisberg, individually and on behalf of all others
similarly situated v. Suntime Energy and Does 1-10, inclusive,
Case No. 2:15-cv-08838 (C.D. Cal., November 13, 2015) seeks to put
an end on the Defendant's practice of making unsolicited calls to
consumers' telephone.
Suntime Energy operates an energy company located at 6727 Odessa
Ave, Van Nuys, CA 91406.
The Plaintiff is represented by:
Adrian Robert Bacon, Esq.
Todd M. Friedman, Esq.
LAW OFFICES OF TODD FRIEDMAN PC
324 South Beverly Drive Suite 725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: abacon@attorneysforconsumers.com
tfriedman@attorneysforconsumers.com
TAISHAN GYPSUM: Brook Files Suit Over Problematic Drywall
---------------------------------------------------------
Stephen Brook, Diane Brooke, and all others similarly situated v.
The State-Owned Assets Supervision and Administration Commission
of the State Council; Taishan Gypsum Co., Ltd. fka Shandong Taihe
Dongxin Co., Ltd.; Tai'an Taishan Plasterboard Co., Ltd.; Beijing
New Building Materials Public Limited Co.; China National Building
Material Co., Ltd.; Beijing New Building Materials (Group) Co.,
Ltd.; China National Building Materials Group Corporation, Case
No. 2:15-cv-00506 (E.D. Va., November 23, 2015), seeks damages
against the Defendants for their role in the design, manufacture,
importing, distributing, delivery, supply, marketing, inspecting,
installing or sale of the problematic drywall pursuant to the
Class Action Fairness Act.
Defendants' drywall is predominately composed of gypsum. In
"problematic drywall" (such as that designed, manufactured,
exported, imported, distributed, delivered, supplied, inspected,
installed, marketed, and/or sold by Defendants herein), sulfur
compounds exit the drywall.
The SASAC supervises the State-owned assets of enterprises engaged
in drywall production, including Taishan. SASAC oversees 150 large
central state-owned assets and enterprises, including CNBM Group.
SASAC owns 100% of CNBM Group. CNBM Group owns 56.4% of CNBM and
75% of BNBM. In turn, BNBM owns 65% of Taishan.
Because of its controlling interests, SASAC controls all of the
Taishan affiliates and subsidiaries, which have been found by the
district court to be alter egos of one another and a single
business enterprise.
The Defendants manufacture and sell drywall.
The Plaintiffs are represented by:
Richard J. Serpe, Esq.
LAW OFFICES OF RICHARD J. SERPE
Crown Center, Ste. 310
580 East Main Street
Norfolk, VA 23510-2322
E-mail: rserpe@serpefirm.com
- and -
Arnold Levin, Esq.
Levin, Fishbein, Sedran & Berman
510 Walnut Street, Ste. 500
Philadelphia, PA 19106
Tel: (215) 592-1500
Fax: (215) 592-4663
E-mail: Alcvin@lfsblavv.com
TITEFLEX CORPORATION: "Roy" Class Suit Removed to D. Maryland
-------------------------------------------------------------
The class action lawsuit entitled James Roy, on behalf of himself
and all others similarly situated v. Titeflex Corporation, et al.,
Case No. 384003V, was removed from the Circuit Court for
Montgomery County, Maryland to the U.S. District Court
District of Maryland (Greenbelt). The District Court Clerk
assigned Case No. 8:15-cv-03466-RDB to the proceeding.
The Plaintiff asserts product liability claims.
Titeflex Corporation is a provider of flexible hose and rigid tube
technology.
The Plaintiff is represented by:
Jonathan K. Tycko, Esq.
Andrea Rifka Gold, Esq.
TYCKO AND ZAVAREEI LLP
2000 L St NW Ste 808
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: jtycko@tzlegal.com
agold@tzlegal.com
- and -
Gary E. Mason, Esq.
WHITFIELD BRYSON AND MASON LLP
1625 Massachusetts Ave NW Ste 605
Washington, DC 20036
Telephone: (202) 429-2290
Facsimile: (202) 429-2294
E-mail: gmason@wbmllp.com
The Defendant is represented by:
Scott Patrick Burns, Esq.
TYDINGS AND ROSENBERG LLP
100 E Pratt St 26th Fl
Baltimore, MD 21202
Telephone: (410) 752-9743
Facsimile: (410) 727-5460
E-mail: sburns@tydingslaw.com
THE SPOT: Fails to Pay Workers Overtime, "Dzotsenidze" Suit Says
----------------------------------------------------------------
Saba Dzotsenidze v. The Spot, Ardalan Habibi, Babak Habibi, and
Does 1 to 50, Inclusive, Case No. BC601359 (Cal. Super. Ct.,
November 16, 2015) is brought against the Defendants for failure
to pay overtime wages for work in excess of 40 hours per week.
The Defendants own and operate a restaurant located at 17200
Ventura Blvd, Encino, in the County of Los Angeles, State of
California.
The Plaintiff is represented by:
Jeffrey L. Malek, Esq.
David C. Chang, Esq.
MALEK & MALEK
3625 Del Amo Blvd
Torrance, CA 90503
Telephone: (310) 540-5100
Facsimile: (310) 371-7242
E-mail: iroalek@malelclaw.com
dchang@maleklaw.com
TIO LUIS TACOS: "Rodriguez" Suit Alleges FLSA Violation
-------------------------------------------------------
Maria Rodriguez, and all others similarly-situated v. Tio Luis
Tacos, Inc. and Jose L. Gonzalez, Case No. 1:15-cv-10563 (N.D.
Ill., November 23, 2015), is brought against the Defendants for
failure to pay at least the Illinois mandated minimum wage rate in
violation of the Fair Labor Standards Act and the Illinois Minimum
Wage Law.
The Defendants own and operate a restaurant.
The Plaintiff is represented by:
Raisa Alicea, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Tel: (312) 800-1017
E-mail: ralicea@yourclg.com
TOURIST PROMOTION: Faces "Beverly" Suit Over Failure to Pay OT
--------------------------------------------------------------
Victor Beverly v. Tourist Promotion Services, LLC and Azeem
Asaria, Case No. 3:15-cv-00325 (S.D. Tex., November 15, 2015) is
brought against the Defendants for failure to pay overtime wages
in violation of the Fair Labor Standard Act.
The Defendants are in the hotel and hospitality industry business.
The Plaintiff is represented by:
Clark Woodson III, Esq.
THE LAW OFFICE OF CLARK WOODSON III
601 East Myrtle
Angleton, TX 77515
Telephone: (979) 849-6080
TRS RECOVERY: Illegally Collects Debt, "Schuler" Suit Claims
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Jennifer Schuler, on behalf of herself and all others similarly
situated v. TRS Recovery Services, Inc. and John Does 1-25, Case
No. 1:15-cv-02179 (M.D. Pa., November 13, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
TRS Recovery Services, Inc. operates a data recovery service
company in Pennsylvania.
The Plaintiff is represented by:
Glen H. Chulsky, Esq.
Joseph K. Jones, Esq.
LAW OFFICES OF JOSEPH K. JONES, LLC
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Telephone: (973) 227-5900
- and -
Robert C. Thurston, Esq.
THURSTON LAW OFFICES LLC
1106 Whitehall Drive
Doylestown, PA 18901
Telephone: (267) 209-0783
E-mail: robert@thurstonlawpc.com
UBER TECHNOLOGIES: "Fisher" Suit Removed to W.D. Washington
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The class action lawsuit styled Joshua Fisher, individually, and
on behalf of all others similarly-situated v. Uber Technologies,
Inc., et al., Case No. 15-00002-25028-1-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-01787-TSZ to the proceeding.
The Plaintiff asserts labor-related claims.
Uber Technologies, Inc. operates a transportation network company
headquartered in San Francisco, California.
The Plaintiff is represented by:
Michael David Myers, Esq.
MYERS & COMPANY
1530 Eastlake Avenue East
Seattle, WA 98102
Telephone: (206) 398-1188
Facsimile: 398-1189
E-mail: mmyers@myers-company.com
The Defendant is represented by:
Douglas Edward Smith, Esq.
Thomas Patrick Holt, Esq.
LITTLER MENDELSON
One Union Square
600 University Street Ste 3200
Seattle, WA 98101-3122
Telephone: (206) 623-3300
Facsimile: (206) 447-6965
E-mail: desmith@littler.com
THolt@littler.com
USHA MIAMI: "Sandhu" Suit Seeks to Recover Unpaid Overtime Wages
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Raghubir Sigh Sandhu, and other similarly situated individuals v.
Usha Miami, Inc., et al., Case No. 34509784 (Fla. 11th Ct.,
November 16, 2015) seeks to recover unpaid overtime wages and
damages pursuant to the Fair Labor Standard Act.
Usha Miami, Inc. owns and operates a dry clean and laundry shop in
Miami, Florida.
The Plaintiff is represented by:
Anthony M. Georges, Esq.
REMER & GEORGES-PIERRE, P L LC
44 West Flagler St., Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: agp@rgpattorneys.com
UV LOGISTICS: "Griffis" Suit Alleges FLSA Violations
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April Griffis, and all others similarly-situated v. UV Logistics,
LLC, Case No. 6:15-cv-02740 (W.D. La., November 23, 2015), seeks
to recover monetary damages, liquidated damages, prejudgment
interest and costs including attorney's fees against the Defendant
for violations of the Fair Labor Standards Act.
The Defendant is a privately held establishment, operating and
doing business as a transportation and logistics company.
The Plaintiff is represented by:
Mary Bubbett Jackson, Esq.
JACKSON+JACKSON
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170
Tel: (504) 599-5953
Fax: (888) 988-6499
E-mail: mjackson@jackson-law.net
VMWARE INC: Faces "Ford" Suit Over Proposed Denali Merger
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Francis M. Ford, on behalf of himself and all others similarly
situated v. VMWare, Inc., et al., Case No. 11714 (Del. Ch. Ct.,
November 17, 2015) is brought on behalf of all the public
stockholders of VMWare, Inc., to enjoin the proposed merger of EMC
Corporation with Denali Holding, Inc., through a flawed process
and inadequate consideration.
VMWare, Inc. offers services to the market in virtualization
infrastructure solutions utilized by organizations in building,
delivering, and consuming information technology resources.
EMC Corporation held 81.1% of VMware's outstanding common stock,
including 100% of the Class B stock, and 97.4% of the combined
voting power of VMware's outstanding common stock.
The Plaintiff is represented by:
Michael Hanrahan, Esq.
Paul A. Fioravanti Jr., Esq.
Corinne Elise Amato, Esq.
PRICKETT, JONES & ELLIOTT, P.A.
1310 N. King Street
Wilmington, DA 19801
Telephone: (302) 888-6500
VOLKSWAGEN GROUP: "Bruno" Suit Seeks Damages Over Defeat Device
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Joseph Bruno, Christopher VanCompernolle, and all others
similarly-situated v. Volkswagen Group of America, Inc., and
Volkswagen AG, Case No. 2:15-cv-14120 (E.D. Mich., November 23,
2015), seeks damages, injunctive relief, and equitable relief for
the Defendants' conduct related to the "defeat device" pursuant to
the Class Action Fairness Act of 2005.
Volkswagen manufactured, distributed, sold, leased, and warranted
the Affected Vehicles under the Volkswagen and Audi brand names
throughout all of the United States.
The Plaintiff is represented by:
Amy L. Marino, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Tel: (248) 355-0300
Fax: (248) 746-4001
E-mail: amarino@sommerspc.com
VOLKSWAGEN GROUP: "Bryan" Suit Seeks Damages Over Defeat Device
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Saskia Bryan, Andrew Fiske, and all others similarly-situated v.
Volkswagen Group of America, Inc. Volkswagen AG, Audi of America,
Inc. and Robert Bosch GMBH, Case No. 1:15-cv-10541 (N.D. Ill.,
November 23, 2015), seek damages, injunctive relief, and equitable
relief for the conduct of Defendants related to the defeat device
pursuant to the Class Action Fairness Act of 2005.
Volkswagen manufactured, distributed, sold, leased, and warranted
the Affected Vehicles under the Volkswagen and Audi brand names
throughout all of the United States.
Robert Bosch GmbH designs and manufacturers automotive components
and industrial products. At all relevant times, Bosch supplied the
illegal defeat devices to Volkswagen for incorporation into the
Affected Vehicles.
The Plaintiffs are represented by:
Nathan P. Eimer, Esq.
EIMER STAHL LLP
224 South Michigan Avenue, Suite 1100
Chicago, IL 60604
Tel: (312) 660-7600
Fax: (312) 692-1718
E-mail: neimer@eimerstahl.com
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S U B S C R I P T I O N I N F O R M A T I O N
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