/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/160704.mbx C L A S S A C T I O N R E P O R T E R Monday, July 4, 2016, Vol. 18, No. 132 Headlines 32 BUNGA: Faces "Tenezaca" Suit Over Failure to Pay Overtime 183 FAST: Faces "Navarrete" Suit Over Failure to Pay Overtime ABLE FORD: Faces "Oviedo" Suit Over Failure to Pay Overtime Wages AEG LIVE: "Osan" Suit Seeks to Recover Unpaid Overtime Wages ALKAWTHAR INTERNATIONAL: "Khaer" Suit Seeks to Recover Unpaid OT ALL-LOCK: Faces "Guerrero" Suit Over Failure to Pay Overtime ALON BLUE: July 14 Pre-Trial Hearing in Gift Cards Case ALON BLUE: Settlement Hearing Held in June on Mega Vouchers Suit ALON BLUE: Settlement in NIS 450MM Suit v. Gas Companies Approved ALON BLUE: Compromise in Oct. 2009 Suit Rejected ALON BLUE: NIS 1 Billion Claim v. Dor Alon, 3 Others Revoked ALON BLUE: Dor Alon Evaluating Terms of Sept. 2012 Case Settlement ALON BLUE: Parties in Aug. 2014 Case Negotiating Settlement ALON BLUE: Hearing Held in June in Suit v. Alon Intrade ALON BLUE: Deal Reached to Resolve Jan. 2015 Case ALON BLUE: July 7 Pre-Trial Hearing in March 2015 Case ALON BLUE: Dor Alon's Bid to Be Removed as Defendant Pending ALON BLUE: NIS 55-Mil. Claim v. Dor Alon Tossed AMERICAN SUSHI: Padron Seeks to Certify Servers Class Under FLSA AMERILIST INC: Certification of Class Sought in M. Milkes Suit AMERITHAI CONCEPTS: Fails to Pay Overtime Wages, "Lugo" Suit Says APPLIED MACHINERY: Court Rules on Class Cert. Bid in "Diaz" AUDIOEYE INC: Motion to Dismiss Shareholder Action Pending BANK OF AMERICA: Faces Harrison Cty Suit Over Interest Rate Swaps BANK OF AMERICA: Policemen's Annuity Sues Over Interest Rate Swap BANK OF AMERICA: Philadelphia Sues Over Interest Rate Swaps BARACK OBAMA: Faces U.S. Government Class Suit in S.D. Texas BASHAM LUMBER: Certification of Class Sought in M. Milkes Suit BIQUETTE LLC: Faces "Torres" Suit Over Failure to Pay Overtime BODY & SOUL: "Brown" Suit Seeks to Recover Unpaid Overtime Wages BOEHRINGER INGELHEIM: Faces "Hayman" Suit Over Pradaxa(R) Drugs BOEHRINGER INGELHEIM: Faces "Brewer" Suit Over Pradaxa(R) Drugs BOEHRINGER INGELHEIM: Faces "Caldwell" Suit Over Pradaxa(R) Drugs BOGALUSA COURT: Cert. of Class and Subclass Sought in "Cook" Suit CARTER'S RETAIL: Final Approval of "Dudum" Suit Settlement Sought CHASE BANK: "Dezfoli" Suit Removed to Central Dist. California COACH INC: Removed "Hinkey" Suit to East. District California COLE INTERNATIONAL: "Thompson" Seeks to Recover Unpaid OT Wages CONFORMIS INC: Securities Action Pending in Massachusetts CONVERGENT OUTSOURCING: Ruppel Seeks Certification of FDCPA Class COUNTRYWIDE FINANCIAL: Sued Over Real Estate Appraisal Policies DITECH FINANCIAL: Certification of Class Sought in "Smith" Suit DOLGENCORP LLC: "Vega" Class Suit Removed to W.D. Missouri DOLLAR GENERAL: "Brown" Class Suit Transferred to W.D. Missouri DOLLAR GENERAL: "Deck" Class Suit Transferred to W.D. Missouri DOLLAR GENERAL: "Taschner" Suit Transferred to W.D. Missouri DOLLAR GENERAL: "Wood" Class Suit Transferred to W.D. Missouri EL POLLO: Does Not Properly Pay Overtime Wages, "Perez" Suit Says FACEBOOK INC: Court Refuses to Certify Class in Privacy Suit FORD MOTOR: Appeals Ruling in "Edwards" Class Suit to 9th Circuit FTS USA: Court Rules on Thomas' Objection and Bid to Strike GALENA BIOPHARMA: $9MM in Attorney's Fees Awarded GENERAL MOTORS: Class Certification Granted in "Tolmasoff" Suit GREEN DOT: Sued Over Pre-Paid Debit Card Access Disruptions HEARTLAND DENTAL: Faces "Johnson" Suit Over Failure to Pay OT HG STAFFING: Faces "Ramirez" Suit Over Failure to Pay Overtime ICE HOUSE: Faces "Zajac" Suit Over Failure to Pay Overtime Wages IDI INC: Faces "Furman" Suit Over Misleading Financial Reports IDENTIV INC: Court Stays "Chopra" Lawsuit INDIANA GENERAL: Faces "Wolfe" Suit Over Civil Rights Violation ISLAND WAY: Fails to Pay Employees Overtime, "Parker" Suit Says ISS FACILITY: Wins Bid to Arbitrate Claims in "Sweet" Class Suit JUI LI ENTERPRISE: Court Certifies Class in Fond Du Lac Suit KAUFMAN ENGLETT: Cadwell Seeks Certification of Consumer Classes KELLY SERVICES: Dolemba Seeks to Certify Two TCPA & ICFA Classes KILLION & SONS: Certification of Class Sought in "Baughman" Suit KNIGHT OIL: Seeks Approval of Settlement in "Provost" Class Suit KOHL'S CORP: Bid to Dismiss "Murillo" Suit Denied LAKE1925: Sued in Cal. Over Failure to Make Unit Defects Repair LEXINGTON GRUPPE: Has Made Unsolicited Calls, "Alan" Suit Claims LIFE CARE CENTERS: Court Certifies BOMs Class in "Robinson" Suit MARTIN AVENUE: Podiatry In Motion Seeks to Certify Three Classes M-QUBE: Renewed Bid for Class Certification Denied MEDFORCE TECHNOLOGIES: Waterfront Seeks Certification of Class MEDICINES COMPANY: "Schuler" Settlement Deal Has Final Okay MEDIFIT CORPORATE: Flores Seeks Cert. of Two Settlement Classes MOLYCORP INC: Armstrong Appeals From Ruling in Securities Suit MONTEREY FINANCIAL: Class Action Allegations in "Dixon" Nixed MR GOODCENTS: Faces "Kibbie" Class Suit in District Nebraska NESTLE WATERS: Doesn't Properly Pay Employees, "Ortega" Suit Says NEW MILLENIUM: Faces "Fayzieva" Suit Over Failure to Pay Overtime NIKE USA: Illegally Obtains Background Reports, Action Claims NOBILIS HEALTH: Motion to Dismiss "Schott" Case Underway NOBILIS HEALTH: "Capelli" Case Pending in Canada NOR CAL BEVERAGE: Faces "Williams" Class Suit in California NOVATION COMPANIES: Case by NJ Carpenters' Health Fund Pending O'REILLY AUTOMOTIVE: King Appeals Ruling From E.D. Washington OLD DOMINION: Faces "Blanco" Suit Over Failure to Pay Overtime OMNIPLEX WORLD: "Reynolds" Suit Seeks to Recover Unpaid Overtime PASON SYSTEMS: Class Conditionally Certified in "Ratliff" Suit PIER 1: "Palmer" Suit Removed to Central District California PLAIN GREEN: Think Finance Appeals From Ruling in "Gingras" Suit POLICYGO LLC: Faces "Payton" Suit in Cal. Over Automated Calls PRECISE MANAGEMENT: Faces "McLean" Suit Over Failure to Pay OT PRESTIGE CRUISE: Freixa Appeals Florida District Court Ruling PROGRESS PLACE: Faces "Yi" Class Suit in District of Maryland RGIS LLC: Fails to Pay Employees Overtime, "Smith" Suit Claims ROOSEN VARCHETTI: Anda Seeks Certification of Four Classes SACRAMENTO, CA: Sued Over Failure to Pay Employees Overtime SALOMON WHITNEY: Faces "Barnes" Suit in East. District New York SAM'S LIMOUSINE: Faces "Griffin" Suit Over Failure to Pay OT SAN DIEGO HOSPICE: Appeal Filed in "Ross" Discrimination Suit SANOFI: Court Won't Vacate Judgment in Securities Suit SATIN DOLLS: "Durso" Suit in N.J. Seeks to Recover Unpaid Wages SEADOG BREWPUB: Brown Seeks to Certify Servers & Bartenders Class SEARS HOME: Certification of Class Sought in "Coleman" Suit SEECO INC: Thomas Files Appeal From Ruling in "Smith" Class Suit SUNRUN INC: Faces "Steinberg" Suit Over Misleading Fin'l Reports SUPER GOURMET: Fails to Pay Employees Overtime, "Perez" Suit Says TAMPA HUB: "Jackson" Suit Seeks to Recover Unpaid Wages & Damages TALMER BANCORP: Sued in Mich. Over Misleading Financial Reports TIME WARNER: Gubala Appeals From E.D. Wisconsin Order to 7th Cir. TIMOTHY BAXTER: Class Certification Bid Filed in "Pryor" Suit TOSHIBA AMERICA: Bid to Certify Class in Pierce-Nunes Suit Denied TRACY, CA: "Knight" Suit Seeks to Recover Unpaid Overtime Wages TROJAN HORSE: Cert. of Plan Members Class Sought in "Longo" Suit UEBT RETIREE: Wins Final OK of $800K "Barling" Suit Settlement UNION HOSPITAL: Faces "Geraci" Suit Over Failure to Pay Overtime UNITED ONLINE: Faces "Palkon" Suit Over Proposed B. Riley Merger UNITED ONLINE: Faces Jeweltex Suit Over Proposed B. Riley Merger US DISTRICT COURTS: Appeal Filed From Ruling in "Wulfe" Suit VITA CORE: Presswood Seeks to Certify Class of Fax Ads' Receivers WAL-MART STORES: Certification of Class Sought in "Swank" Suit WEATHERFORD INT'L: Certification of Class Sought in "Bowman" Suit WENDY'S COMPANY: Faces Tech Credit Suit in Penn. Over Data Breach WEST BASIN: Faces NGL Transportation Suit Over Per Diem Charges WEST LIBERTY: Faces "Leja" Suit Over Failure to Pay Overtime WESTLAKE SERVICES: Seeks Final OK of "Duchene" Suit Settlement WOOD GROUP: "Dobbs" Class Suit Removed to East. Dist. California XTO ENERGY: Faces "Holt" Suit Over Failure to Pay Overtime Wages ********* 32 BUNGA: Faces "Tenezaca" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Manuel Tenezaca, on behalf of all others similarly situated v. 32 Bunga Inc. d/b/a Jongro BBQ and Kyung Rim Choi, Case No. 1:16-cv- 04552 (S.D.N.Y., June 16, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate Jongro BBQ restaurant located in New York. Manuel Tenezaca is a pro se plaintiff. 183 FAST: Faces "Navarrete" Suit Over Failure to Pay Overtime ------------------------------------------------------------- Rafael Zapoteco Navarrete, individually and on behalf of others similarly situated v. 183 Fast Food Inc. (d/b/a Kennedy Fried Chicken & Pizza), and Baljeet Singh, Case No. 1:16-cv-04381 (S.D.N.Y., June 10, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a restaurant located at 2273 Crotona Ave., Bronx, New York 10457. The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com ABLE FORD: Faces "Oviedo" Suit Over Failure to Pay Overtime Wages ----------------------------------------------------------------- Deivid Dario Velez Oviedo, on behalf of himself and others similarly situated v. Able Ford of New Jersey Inc. d/b/a All American Ford, Mazda Authorized Sales and Service d/b/a All American Mazda, Auto Solutions Inc. d/b/a Auto Solutions, Richard Savino, Hector Quintero, and Jerrey Bamond, Case No. 3:16-cv- 03370-FLW-LHG (D.N.J., June 10, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants operate a new and used car dealership company located in Old Bridge, NJ. The Plaintiff is represented by: Jeffrey Roy Youngman, Esq. FEITLIN, YOUNGMAN, KARAS & YOUNGMAN 9-10 Saddle River Road Fairlawn, NJ 07410 Telephone: (201) 791-4400 E-mail: jyoungman@fykglaw.com AEG LIVE: "Osan" Suit Seeks to Recover Unpaid Overtime Wages ------------------------------------------------------------ R. Osan, individually, and on behalf of all others similarly situated v. AEG Live, LLC, a Delaware Limited Liability Company; and DOE one through and including Doe Ten, Case No. BC624023 (Cal. Super. Ct., June 16, 2016), seeks to recover unpaid overtime, damages, continuing wages, penalties, restitution and attorneys' fees and costs pursuant to the California Labor Code. AEG Live, LLC operates a production company in Los Angeles, California. The Plaintiff is represented by: Alan Harris, Esq. David Garrett, Esq. Christina Nordsten, Esq. HARRIS & RUBLE 655 North Central Avenue 17t Floor Glendale, CA 91203 Telephone: (323) 962-3777 Facsimile: (323) 962-3004 E-mail: aharris@harrisandruble.com dgarrett@harrisandruble.com cnordsten@harrisandruble.com ALKAWTHAR INTERNATIONAL: "Khaer" Suit Seeks to Recover Unpaid OT ---------------------------------------------------------------- Ibrahim S. Khaer, Fouiza Mohamed Hadgag, Hamdi Hassan, Ahmed Siyam and Gebremeskel Yemane Kidst, on behalf of themselves and all others similarly situated v. Alkawthar International LLC, Olive Branch Kabob LLC, Sultana Grill Incorporated, Jihad Khatib, Mohammed Bencherki, Hajar Bencherki, Ibrahim Saed Ahmed, Miriam Ibrahim Elsayed and Mohamed Seid Ahmed Mohamed, Case No. 1:16-cv- 00652-JCC-MSN (E.D. Va., June 10, 2016), seeks to recover unpaid minimum wages, overtime wages, liquidated damages, reasonable attorney's fees and costs pursuant to the Fair Labor Standards Act. The Defendants own and operate Olive Branch Kabob Restaurant located at 8428 Lee Hwy, Fairfax, VA 22031 and the Sultana Grill located at 5515 Wilson Blvd., Arlington, VA 22205. The Plaintiff is represented by: Matthew T. Sutter, Esq. 616 North Washington Street Alexandria, VA 22314 Telephone: (703) 836-9030 Facsimile: (703) 683-1543 E-mail: sutter@oldtownlawvers.com ALL-LOCK: Faces "Guerrero" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Ruben J. Guerrero, individually and on behalf of all others similarly situated v. All-Lock & Glass Service, Inc., Mark Heitner and Robert Fausini, Case No. 1:16-cv-03011-AMD-RML (E.D.N.Y., June 16, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants operate a keys & locksmiths shop located at 911 38th Avenue, Long Island City, NY 11101. The Plaintiff is represented by: Puja Sharma, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 69-12 Austin Street Forest Hills, NY 11375 Telephone: (718) 263-9591 Facsimile: (718) 263-9598 E-mail: pujasharma517@gmail.com ALON BLUE: July 14 Pre-Trial Hearing in Gift Cards Case ------------------------------------------------------- Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a pre-trial hearing is scheduled for July 14, 2016, in a class action proceeding in Israel related to gift cards issued by the Company. The Company said, "In February 2016, a motion for approval of a claim as class action was filed with the Central District Court against us. The subject of the motion for the approval according to the petitioner, stems from insolvency proceedings of Mega Retail, starting from the end of June 2015, where severe damage was inflicted upon the customers holding gift cards issued by us, to use their rights and perform through such coupons purchases of goods in general, but particularly purchases of food products in Mega Retail branches, as we have undertaken towards the group members." "The group was defined in the approval motion: "any person or corporation holding purchase coupon from June 29, 2015 issued by the respondent". Accordingly, it is sought to determine that we have violated materially our commitment by virtue of the purchase coupons towards the group members due to severe harm to the exercise ability of the coupons which resulted in severe harm to the coupon's value. In addition, the court was requested to order us to compensate the petitioner and any plaintiff included in the group for damages caused as a result of the claimed material violation. A monetary amount was not stated in the lawsuit since at this stage the petitioner does not have accurate data concerning the aggregate claimed damage of the group. "Nevertheless, it is indicated in Mega Retail's arrangement motion, where Mega Retail stated that as of June 29, 2015, the scope of unutilized gift cards was NIS 200 million and therefore, as per the petitioner, the damage caused to the group members can be estimated as considerable. At this stage, the results of the proceeding cannot be estimated. A pre-trial hearing is scheduled for July 14, 2016." ALON BLUE: Settlement Hearing Held in June on Mega Vouchers Suit ---------------------------------------------------------------- Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a settlement agreement was scheduled for June 16, 2016, in a case filed in January 2014 related to "Mega" supermarket vouchers. In January 2014, a claim, and a request to recognize the claim as a class action, was filed against the Company and Mega Retail, in the sum of approx. NIS 70 million. The claim is with respect to purchase vouchers, which are exercised in "Mega" supermarkets for 90% of their value, and which cannot be exercised in "You" supermarkets. In the opinion of the Company, based on the opinion of its legal advisers, the chances that the claim will be rejected exceed 50%. Accordingly, the Company did not make any provision for this claim in its financial statements. ALON BLUE: Settlement in NIS 450MM Suit v. Gas Companies Approved ----------------------------------------------------------------- Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a settlement agreement has been approved by the court in a class action case against gas companies, including a subsidiary of Dor Alon. On December 3, 2003, a claim was filed in the amount of NIS 450 against the gas companies (including a subsidiary of Dor Alon) alleging that the defendants were parties to a cartel, which they entered into beginning in 1994 (and even prior thereto) and up to 2003, in the course of which the Restrictive Practices Authority gave notice of a recommendation to file charges against the gas companies and their managers in connection with the existence of a cartel, as stated. The plaintiff contends that by means of the alleged cartel the gas companies collected unfair and unreasonable prices. A request for certification of the claim as a class action pursuant to the Restrictive Practices Law, the Consumer Protection Law and Rule 29 of the Rules of Civic Procedure (1984), was filed together with the claim. The amount of the class action was set by the requesting party at an amount of at least NIS 1 billion, along with punitive damages. The subsidiary of Dor Alon has submitted its response to the request for certification of the claim as a class action. The parties twice reached a settlement agreement that was submitted to Court's approval. However, the Court rejected the two settlement agreements and therefore the legal procedures continue. Accordingly, the Company did not make any provision for this claim in its consolidated financial statements. On January 3, 2016 the court approved a settlement agreement between the parties. ALON BLUE: Compromise in Oct. 2009 Suit Rejected ------------------------------------------------ Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a court has rejected a compromise reached in a class action. In October 2009, Dor Alon received a statement of claim and an application for approval of the claim as a class action; the claim was lodged against Dor Alon and other fuel companies. The claimant claims payment of damages of NIS 124 million (Dor Alon's share in the said claim amount as per the statement of claim is NIS 21.9 million). According to the claimant, the defendants overcharged him for fuel when filling up his car. According to the claimant, after passing his credit card but before starting to fill up, the payment meter started operating without the provision of fuel. The overcharge has allegedly amounted at times to several Agorot and at times to several NIS. The parties have reached a compromise that was rejected by court and the court asked the parties to file their pleadings before the compromise agreement is filed. In the event the parties will not reach a compromise agreement, the Company believes, based on the opinion of its legal advisers, the chances that the claim will be rejected exceed 50%. Accordingly, the Company did not make any provision for this claim in its consolidated financial statements. ALON BLUE: NIS 1 Billion Claim v. Dor Alon, 3 Others Revoked ------------------------------------------------------------ Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a claim against Dor Alon and three other gasoline companies was revoked by the plaintiff without damages. On August 22, 2011, Dor Alon received a letter of claim and a motion for approval of action as class action against Dor Alon and the three other gasoline companies for a total of NIS 1 billion (of which Dor Alon's share is NIS 167 million). The claimants argue that the gasoline companies inflated the "marketing expense item" which is incorporated into the calculation of the maximum price of gasoline 95 octane by adding expenses unrelated to the sale of gasoline, thus misleading the regulator and enabling themselves to sell gasoline 95 octane at a higher price than the price that should be charged. The claimants assert that this is violation of legislated provisions in the Supervision Order on Goods and Services (Maximum Prices in Gasoline Stations) - 2002; the Consumer Protection Law - 1981; and the Damage Ordinance (new version) - 1968. In the opinion of the Company, based on the opinion of its legal advisers, the chances that the claim will be rejected exceed 50%. Accordingly, the Company did not make any provision for this claim in its consolidated financial statements. On April 13, 2016 the court issued a decision whereby the claim was revoked by the plaintiff without damages. ALON BLUE: Dor Alon Evaluating Terms of Sept. 2012 Case Settlement ------------------------------------------------------------------ Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that Dor Alon is evaluating the terms of a proposed settlement agreement by the plaintiff and a co-defendant in a class action lawsuit filed in September 2012. On September 6, 2012, a letter of claim and motion for approval as a class action was filed against Dor Alon and other defendants, for an aggregate amount of NIS 43.2 million. The plaintiff claims that as a customer of the Dor Alon "Spidomat" arrangement for car fueling at reduced prices, she discovered that her reduction was less than the regular discount given to all other customers at the station. As result, the Plaintiff claims she suffered financial damages from being a member of the "Spidomat" arrangement. In October 2014, the court approved the claim as a class action, and Dor Alon made a proper provision for this claim in its consolidated financial statements. The parties entered into mediation which did not succeed in settling the claim and proceedings reverted to court. Prior to then, on November 8, 2015, the plaintiff filed an injunction requesting that Dor Alon be prevented from accepting payments using the "Spidomat" mechanism which are in excess to payments made by regular customers. The court opined that the requested injunction is excessive in nature. A final decision has not been rendered by the court. In April 2016, one of the co-defendants in the claim notified the court that it would update its customer price list for diesel fuel. Dor Alon was granted until May 29, 2016 to provide the court with its position regarding the notification by the co-defendant. Dor Alon has requested an extension to provide their answer in this regard. Additionally, another co-defendant in the claim filed a request to enter into a settlement agreement (and similar claims against such co-defendant). Dor Alon is evaluating the terms of the proposed settlement agreement and its effects on Dor Alon. ALON BLUE: Parties in Aug. 2014 Case Negotiating Settlement ----------------------------------------------------------- Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that the parties in a class action lawsuit filed in August 2014 are in negotiation of a settlement. On August 18, 2014 a letter of claim and motion for approval as a class action was filed against a subsidiary of Dor Alon, for an aggregate amount of NIS 9 million. The plaintiff claims that as a customer of the Dor Alon "Spidomat" arrangement for car fueling at reduced prices, he discovered that his reduction for LPG was less than the regular discount given to all other customers at the station. As result, the plaintiff claims he suffered financial damages from being a member of the "Spidomat" arrangement. The parties are negotiation a settlement whereby the claim will be revoked in consideration of an immaterial monetary amount. In the opinion of the Company, based on the opinion of its legal advisers, the chances that the claim and injunction will be rejected exceed 50%. ALON BLUE: Hearing Held in June in Suit v. Alon Intrade ------------------------------------------------------- Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a hearing was scheduled in June 2016 in a class action lawsuit against Alon Intrade Coffee Shops Ltd. In November 2013 two letters of claim and motions for approval as a class action were filed against a subsidiary of Dor Alon, one in the sum of NIS 7 million, and the other in the amount of NIS 306 million. It is alleged in both claims that the subsidiary, Alon Intrade Coffee Shops Ltd., replaced labels of the production dates of sandwiches, in a way that appeared as if the sandwich had been produced no later than in the last 24 hours from the time it was bought. In the opinion of the Company, based on the opinion of its legal advisers, the chances that the claims will be rejected exceed 50%. Accordingly, the Company did not make any provision for these claims in its consolidated financial statements. A court hearing was scheduled for June 8, 2016. ALON BLUE: Deal Reached to Resolve Jan. 2015 Case ------------------------------------------------- Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a letter of claim and motion for approval as a class action in the sum of approx. NIS 97 million was filed in January 2015 against a subsidiary of Dor Alon. It is claimed that the subsidiary did not fulfill its commitment for a certain discount price, and that is failed to properly display prices of fuel and diesel at its filling stations. The parties entered into a settlement agreement on April 18, 2016. ALON BLUE: July 7 Pre-Trial Hearing in March 2015 Case ------------------------------------------------------ Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a pre-trail hearing is scheduled for July 7, 2016, in a class action case filed in March 2015, and the parties are negotiating a settlement agreement. In March 2015 a letter of claim and motion for approval as a class action in the sum of approx. NIS 71 million was filed against Dor Alon and a subsidiary of Dor Alon. It is claimed that Dor Alon and its subsidiary charge higher prices for diesel purchased at self service pumps than diesel purchased at full service pumps, and that they fail to comply with statutory requirements regarding the display of prices at filling stations. A pre-trail hearing is scheduled for July 7, 2016 and the parties are negotiating a settlement agreement whereby the claim will be revoked in consideration for an immaterial monetary amount. In the event a settlement is not reached, in the opinion of the Company, based on the opinion of its legal advisers, the chances that the claim and injunction will be rejected exceed 50%. "We will continue to assess this matter as the request for the class action develops," the Company said. ALON BLUE: Dor Alon's Bid to Be Removed as Defendant Pending ------------------------------------------------------------ Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a court has not yet rendered a decision on Dor Alon's request to be removed as a defendant in a class action lawsuit filed in May 2015. On May 7, 2015 a letter of claim and motion for approval as a class action was filed against Dor Alon and a subsidiary of Dor Alon. The claim asserts that the plastic packing bags provided at convenience stores in filling stations leave residue and small pieces of plastic which may be a safety and environmental hazard. The plaintiff is requesting that the defendants cease providing such plastic bags. On February 23, 2016, Dor Alon filed a request to be removed as a defendant, and a decision has yet to be rendered by the court. In the event a settlement is not reached, in the opinion of the Company, based on the opinion of its legal advisers, the chances that the claim and injunction will be rejected exceed 50%. ALON BLUE: NIS 55-Mil. Claim v. Dor Alon Tossed ----------------------------------------------- Alon Blue Square Israel Ltd. said in its Form 20-F Report filed with the Securities and Exchange Commission on May 13, 2016, for the fiscal year ended December 31, 2015, that a letter of claim and motion for approval as a class action in the sum of NIS 55 million was filed in April 2015 against Dor Alon and a subsidiary of Dor Alon. The claim is with regard to video shooting and sound recording made in convenience stores without proper notice and consent of the customers. The courts have removed this claim due to no-actions taken by the plaintiff. AMERICAN SUSHI: Padron Seeks to Certify Servers Class Under FLSA ---------------------------------------------------------------- Redys Padron moves the Court for an order certifying collective action and authorizing notice to all class members pursuant to the Fair Labor Standards Act of 1938 in the lawsuit styled REDYS PADRON, on behalf of himself and others similarly situated v. AMERICAN SUSHI, LLC, a Florida limited liability company, THE SUSHI SPOT, LLC, a Florida limited liability company, and WALTER ZAPATA, an individual, Case No. 1:16-cv-21593-UU (S.D. Fla.) The Plaintiff seeks collective-action certification of this class of similarly situated persons: All persons who worked for Defendants as servers during the three (3) years preceding this lawsuit, were paid as tipped employees below the Florida minimum wage, were forced to share or kick-back a portion of their tips to non-tipped employees and were not properly compensated for all overtime hours worked. Mr. Padron also asks the Court to direct the Defendants to produce to his counsel within 20 days a list containing the names and last known addresses of putative class members, who worked for the Defendants during the last three years. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=2bdQwVVt The Plaintiff is represented by: Robert W. Brock II, Esq. LAW OFFICE OF LOWELL J. KUVIN 17 East Flagler Street, Suite 223 Miami, FL 33131 Telephone: (305) 358-6800 Facsimile: (305) 358-6808 E-mail: robert@kuvinlaw.com The Defendants are represented by: Paul F. Penichet, Esq. PENICHET LAW 9655 South Dixie Highway, Suite 310 Miami, FL 33156 Telephone: (305) 373-8809 Facsimile: (305) 373-8810 E-mail: paul@penichetlaw.com AMERILIST INC: Certification of Class Sought in M. Milkes Suit -------------------------------------------------------------- M. Milkes Insurance Agency, Inc., asks the Court to enter an order determining that the action captioned M. MILKES INSURANCE AGENCY, INC., on behalf of plaintiff and the class members defined herein v. AMERILIST, INC., and JOHN DOES 1-10, Case No. 1:16-cv-06778 (N.D. Ill.), may proceed as a class action. The Plaintiff defines the class as (a) all persons, (b) who, on or after a date four years prior to the filing of this action (28 U.S.C. Section 1658), (c) were sent faxes by or on behalf of defendant Amerilist, Inc., promoting its goods or services for sale (d) and which did not contain an opt out notice as described in 47 U.S.C. Section 227. M. Milkes further asks that it be appointed class representative and that Edelman, Combs, Latturner & Goodwin, LLC be appointed counsel for the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=fVGOOS0w The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Dulijaza Clark, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 South Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: dedelman@edcombs.com ccombs@edcombs.com jlatturner@edcombs.com jclark@edcombs.com AMERITHAI CONCEPTS: Fails to Pay Overtime Wages, "Lugo" Suit Says ----------------------------------------------------------------- Suemy Lugo and Lidia Leon, in their individual capacities and on behalf of others similarly situated v. Amerithai Concepts, Inc. d/b/a Thai Kitchen, Amerithai Concepts, LLC, d/b/a Thai Kitchen, Saravut Nilabol, and Somjai Nilabol, Case No. 1:16-cv-01400 (D. Col., June 10, 2016), is brought against the Defendants for failure to pay overtime rate for all hours worked over 40 in a workweek. The Defendants own and operate a Thai restaurant located at 2130 N. Main Street, Unit 5, Longmont, CO 80501. The Plaintiff is represented by: Penn A. Dodson, Esq. ANDERSONDODSON, P.C. 11 Broadway, Suite 615 New York, NY 10004 Telephone: (212) 961-7639 Facsimile: (646) 998-8051 E-mail: penn@andersondodson.com APPLIED MACHINERY: Court Rules on Class Cert. Bid in "Diaz" ----------------------------------------------------------- In the case captioned RODOLFO DIAZ, On Behalf of Himself and Others Similarly Situated, Plaintiffs, v. APPLIED MACHINERY CORP., NABORS CORPORATE SERVICES, INC., and NABORS INDUSTRIES, INC., Defendants. ABEL ORTEGA, et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiff, v. APPLIED MACHINERY CORP., NABORS CORPORATE SERVICES, NC., and NABORS INDUSTRIES, INC., Defendants, Civil Action Nos. H-15-1282, H-15-2674 (S.D. Tex.), Judge Sim Lake granted in part and denied, in part, the plaintiffs' partially oppposed motion for class certification and expedited discovery. The judge provisionally deemed the action a collective action. Rodolfo Diaz, and 34 other individuals, on behalf of themselves and others similarly situated, brought the action against the defendants, Applied Machinery Corporation (AMC), Nabors Corporate Services, Inc., and Nabors Industries, to recover unpaid overtime wages and other damages under the Fair Labor Standards Act (FLSA). The plaintiffs filed a partially opposed motion for class certification and expedited discovery. Judge Lake concluded that the motion should be granted as to all current and former "rig welders" who were jointly employed by Applied Machinery Corporation and by Nabors Corporate Services, Inc., and/or by Nabors Industries, at Applied Machinery Corporation's Conroe, Texas location within the immediately preceding three-year period. The judge, however, denied the plaintiffs' requests (1) that defendants be ordered to produce social security numbers of putative class members, and (2) that consent forms provided by the putative plaintiffs be "deemed filed as of their postmark date." A full-text copy of Judge Lake's June 24, 2016 memorandum opinion and order is available at https://is.gd/wuZtUy from Leagle.com. Rodolfo Diaz, Plaintiff, represented by Curt Christopher Hesse, Moore & Associates & Melissa Moore, Moore & Associates. Jose L. Diaz, Joel Hernandez, Arnoldo Hernandez, Eliazar Hernandez, Jr., Eliazar Hernandez, Sr., Alberto Ayala, Jr., Guadalupe Vega, Plaintiffs, represented by Melissa Moore, Moore & Associates. Alejandro Sanchez, Carlos Morales, Juan Abadia, Juan Najera, Martin Sierra, Omar Penaloza, Roberto Lara, Walter Hernandez, Ignacio Hernandez, Plaintiffs, represented by Ross Allen Sears, II, Williamson Sears Rusnak LLP. Abel Ortega, Abraham Jahis Puga-Reyna, Abraham Jahis Puga Morales, Alberto Zavala Aviles, Alejandro Rodriguez, Celso Elias Ochoa, Christopher Acevedo, Conrado Saucedo Valdez, David Celvas Garcia, Esteban Fuentes Duran, Felipe Cosme Ocanas-Villagrana, Francisco Gerardo Cedillo, Hector Cortina, Ignacio Cazares, Jesus Cruz Ramirez, Jorge Luis Vazquez, Jorge Uriel Arreaga Monterroso, Jorge Vazquez Pecina, Jose Ramon Calderon, Luis Enrique Serrano Gonzalez, Luis Mario Montalvo-Rodriguez, Luis Roberto Mora Corpus, Marco Antonio Arizpe-Sanchez, Mario Herrera, Jr., Mario Mata Moralez, Matais Reyes Arellano, Oziel Morales-Mata, Ramiro Amilcar Galan, Reynaldo Gutierrez, Ricardo Villanueva Esquivel, Rodolfo Grijalva Talamentes, Rodrigo Campos, Sergio Raymundo Guzman- Rodriguez, Ulises Filomena Avila, Consol Plaintiffs, represented by Ross Allen Sears, II, Williamson Sears Rusnak LLP. Applied Machinery Corporation, Defendant, represented by Marc James Wojciechowski, Wojciechowski & Associates & Malcolm Deon Dishongh, Wojciechowski Associates PC. Nabors Industries, Inc. (Nabors), Nabors Corporate Services, Inc., Defendants, represented by James M. Cleary, Jr., Martin Disiere et al. AUDIOEYE INC: Motion to Dismiss Shareholder Action Pending ---------------------------------------------------------- AudioEye, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 13, 2016, for the quarterly period ended March 31, 2016, that the Company's motion to dismiss a class action lawsuit remains pending. The Company said, "In April 2015, two shareholder class action lawsuits were filed against us and our former officer Nathaniel Bradley and former officer Edward O'Donnell in the U.S. District Court for the District of Arizona. The plaintiffs allege various causes of action against the defendants arising from our announcement that our previously issued financial results for the first three quarters of 2014 and the guidance for the fourth quarter of 2014 and the full year of 2014 could no longer be relied upon. The complaints seek, among other relief, compensatory damages and plaintiff's counsel's fees and experts' fees. The Court has appointed a lead plaintiff and lead counsel. We have responded to the complaints and also filed a motion to dismiss. We believe that the lawsuits have no merit and intend to mount a vigorous defense. Given the current stage of the proceedings in this case, our management currently cannot assess the probability of losses, or reasonably estimate the range of losses, related to these matters. As of December 31, 2015, we have paid the deductible pursuant to the D&O insurance policy, in the amount of $100,000 regarding this matter." AudioEye provides web accessibility solutions for clients' customers through its Ally Platform Products. BANK OF AMERICA: Faces Harrison Cty Suit Over Interest Rate Swaps ----------------------------------------------------------------- Harrison County, Mississippi, Magnolia Regional Health Center, and Cullman Regional Medical Center, Inc., on behalf of themselves and all others similarly situated v. Bank Of America Corporation; Bank of America, N.A.; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Barclays PLC; Barclays Bank PLC; Barclays Capital Inc.; BNP Paribas, S.A.; BNP Paribas Securities Corp.; Citigroup, Inc.; Citibank, N.A.; Citigroup Global Markets Inc.; Citigroup Global Markets Limited; Credit Suisse AG; Credit Suisse Group AG; Credit Suisse Securities (USA) LLC; Credit Suisse International; Deutsche Bank AG; Deutsche Bank Securities Inc.; The Goldman Sachs Group, Inc.; Goldman, Sachs & Co.; Goldman Sachs Bank USA; Goldman Sachs Financial Markets, LP; Goldman Sachs International; Icap Capital Markets LLC; J.P. Morgan Chase & Co.; J.P. Morgan Chase Bank, N.A.; J.P. Morgan Securities LLC; J.P. Morgan Securities PLC; The Royal Bank of Scotland Group PLC; Royal Bank of Scotland PLC; RBS Securities Inc.; Tradeweb Markets LLC; UBS AG; and UBS Securities LLC, Case No. 1:16-cv-04561-PAE (N.D. Ill., June 16, 2016), is an action for damages and injunctive relief on behalf of a class of all persons and entities who entered into interest rate swaps transactions with Defendants in the United States during the period January 1, 2007, through the present. The Defendants operate a chartered national banking association throughout the United States. The Plaintiff is represented by: George A. Zelcs, Esq. Randall P. Ewing, Esq. KOREIN TILLERY, LLC 205 Michigan Avenue, Suite 1950 Chicago, IL 60601 Telephone: (312) 641-9750 E-mail: gzelcs@koreintillery.com rewing@koreintillery.com - and - Michael J. Guzman, Esq. Derek T. Ho, Esq. KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C. Sumner Square 1615 M Street, NW, Suite 400 Washington, DC 20036 Telephone: (202) 326-7900 E-mail: mguzman@khhte.com dho@khhte.com - and - Robert E. Litan, Esq. Steven M. Tillery, Esq. KOREIN TILLERY, LLC 505 North 7th Street, Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 E-mail: stillery@koreintillery.com rlitan@koreintillery.com - and - R. Bryant McCulley, Esq. Stuart H. McCluer, Esq. McCULLEY McCLUER PLLC 1022 Carolina Boulevard, Suite 300 Isle of Palms, SC 29451 Telephone: (662) 550-4511 E-mail: bmcculley@mcculleymccluer.com smccluer@mcculleymccluer.com - and - W. Percy Badham III, Esq. Sam David Knight, Esq. BADHAM & BUCK LLC 2001 Park Place, #500 Birmingham, AL 35203 Telephone: (205) 521-0036 E-mail: pbadham@badhambuck.com sdknight@badhambuck.com - and - Michael W. Fuller, Esq. S. Wayne Fuller, Esq. FULLER, WILLINGHAM, FULLER & CARTER, LLC 413 First Avenue SW Cullman, AL 35055 Telephone: (256) 734-2023 E-mail: mfuller@fandwlaw.com sfuller@fandwlaw.com - and - Michael J. Boni, Esq. Joshua D. Snyder, Esq. BONI & ZACK LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 Telephone: (610) 822-0200 E-mail: mboni@bonizack.com jsnyder@bonizack.com - and - Jeffrey S. Istvan, Esq. Matthew Duncan, Esq. Adam J. Pessin, Esq. FINE, KAPLAN AND BLACK, R.P.C. 1 South Broad St., 23rd Floor Philadelphia, PA 19107 Telephone: (215) 567-6565 E-mail: jistvan@finekaplan.com mduncan@finekaplan.com apessin@finekaplan.com - and - Tim C. Holleman, Esq. BOYCE HOLLEMAN & ASSOCIATES 1720 23rd Ave./Boyce Holleman Blvd. Gulfport, MS 39501 Telephone: (228) 863-3142 E-mail: tim@boyceholleman.com - and - Jonathan Compretta, Esq. MIKE MOORE LAW FIRM, LLC 10 Canebrake, Suite 150 Flowood, MS 39232 Telephone: (601) 933-0070 E-mail: jc@mikemoorelawfirm.com BANK OF AMERICA: Policemen's Annuity Sues Over Interest Rate Swap ----------------------------------------------------------------- Policemen's Annuity & Benefit Fund of Chicago, on behalf of itself and all others similarly situated v. Bank Of America Corporation; Bank of America, N.A.; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Barclays PLC; Barclays Bank PLC; Barclays Capital Inc.; BNP Paribas, S.A.; BNP Paribas Securities Corp.; Citigroup, Inc.; Citibank, N.A.; Citigroup Global Markets Inc.; Citigroup Global Markets Limited; Credit Suisse AG; Credit Suisse Group AG; Credit Suisse Securities (USA) LLC; Credit Suisse International; Deutsche Bank AG; Deutsche Bank Securities Inc.; The Goldman Sachs Group, Inc.; Goldman, Sachs & Co.; Goldman Sachs Bank USA; Goldman Sachs Financial Markets, LP; Goldman Sachs International; Icap Capital Markets LLC; J.P. Morgan Chase & Co.; J.P. Morgan Chase Bank, N.A.; J.P. Morgan Securities LLC; J.P. Morgan Securities PLC; The Royal Bank of Scotland Group PLC; Royal Bank of Scotland PLC; RBS Securities Inc.; Tradeweb Markets LLC; UBS AG; and UBS Securities LLC, Case No. 1:16-cv-04566-PAE-HBP (N.D. Ill., June 16, 2016), is an action for damages and injunctive relief on behalf of a class of all persons and entities who entered into interest rate swap transactions with Defendants in the United States during the period January 1, 2007, through the present. The Defendants operate a chartered national banking association throughout the United States. The Plaintiff is represented by: George A. Zelcs, Esq. Randall P. Ewing Jr., Esq. Chad E. Bell, Esq. KOREIN TILLERY, LLC 205 North Michigan Plaza, Suite 1950 Chicago, IL 60601 Telephone: (312) 641-9750 Facsimile: (312) 641-9751 E-mail: gzelcs@koreintillery.com rewing@koreintillery.com cbell@koreintillery.com - and - Stephen M. Tillery, Esq. Robert E. Litan, Esq. Robert King, Esq. KOREIN TILLERY, LLC One U.S. Bank Plaza 505 North 7th Street, Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 Facsimile: (314) 241-3525 E-mail: stillery@koreintillery.com rlitan@koreintillery.com rking@koreintillery.com - and - Christopher M. Burke, Esq. Kate Lv, Esq. SCOTT+SCOTT, ATTORNEYS AT LAW, LLP 707 Broadway, Suite 1000 San Diego, CA 92101 Telephone: (619) 233-4565 Facsimile: (619) 233-0508 E-mail: cburke@scott-scott.com klv@scott-scott.com BANK OF AMERICA: Philadelphia Sues Over Interest Rate Swaps ----------------------------------------------------------- The City of Philadelphia, on behalf of itself and all others similarly situated v. Bank Of America Corporation; Bank of America, N.A.; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Barclays PLC; Barclays Bank PLC; Barclays Capital Inc.; BNP Paribas, S.A.; BNP Paribas Securities Corp.; Citigroup, Inc.; Citibank, N.A.; Citigroup Global Markets Inc.; Citigroup Global Markets Limited; Credit Suisse AG; Credit Suisse Group AG; Credit Suisse Securities (USA) LLC; Credit Suisse International; Deutsche Bank AG; Deutsche Bank Securities Inc.; The Goldman Sachs Group, Inc.; Goldman, Sachs & Co.; Goldman Sachs Bank USA; Goldman Sachs Financial Markets, LP; Goldman Sachs International; Icap Capital Markets LLC; J.P. Morgan Chase & Co.; J.P. Morgan Chase Bank, N.A.; J.P. Morgan Securities LLC; J.P. Morgan Securities PLC; The Royal Bank of Scotland Group PLC; Royal Bank of Scotland PLC; RBS Securities Inc.; Tradeweb Markets LLC; UBS AG; and UBS Securities LLC, Case No. 1:16-cv-04563-PAE (N.D. Ill., June 16, 2016), is an action for damages and injunctive relief on behalf of a class of all persons and entities who entered into interest rate swaps transactions with Defendants in the United States during the period January 1, 2007, through the present. The Defendants operate a chartered national banking association throughout the United States. The Plaintiff is represented by: George A. Zelcs, Esq. Randall P. Ewing, Esq. KOREIN TILLERY, LLC 205 Michigan Avenue, Suite 1950 Chicago, IL 60601 Telephone: (312) 641-9750 E-mail: gzelcs@koreintillery.com rewing@koreintillery.com - and - Michael J. Guzman, Esq. Derek T. Ho, Esq. KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C. Sumner Square 1615 M Street, NW, Suite 400 Washington, DC 20036 Telephone: (202) 326-7900 E-mail: mguzman@khhte.com dho@khhte.com - and - Robert E. Litan, Esq. Steven M. Tillery, Esq. KOREIN TILLERY, LLC 505 North 7th Street, Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 E-mail: stillery@koreintillery.com rlitan@koreintillery.com - and - R. Bryant McCulley, Esq. Stuart H. McCluer, Esq. McCULLEY McCLUER PLLC 1022 Carolina Boulevard, Suite 300 Isle of Palms, SC 29451 Telephone: (662) 550-4511 E-mail: bmcculley@mcculleymccluer.com smccluer@mcculleymccluer.com - and - W. Percy Badham III, Esq. Sam David Knight, Esq. BADHAM & BUCK LLC 2001 Park Place, #500 Birmingham, AL 35203 Telephone: (205) 521-0036 E-mail: pbadham@badhambuck.com sdknight@badhambuck.com - and - Michael W. Fuller, Esq. S. Wayne Fuller, Esq. FULLER, WILLINGHAM, FULLER & CARTER, LLC 413 First Avenue SW Cullman, AL 35055 Telephone: (256) 734-2023 E-mail: mfuller@fandwlaw.com sfuller@fandwlaw.com - and - Michael J. Boni, Esq. Joshua D. Snyder, Esq. BONI & ZACK LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 Telephone: (610) 822-0200 E-mail: mboni@bonizack.com jsnyder@bonizack.com - and - Jeffrey S. Istvan, Esq. Matthew Duncan, Esq. Adam J. Pessin, Esq. FINE, KAPLAN AND BLACK, R.P.C. 1 South Broad St., 23rd Floor Philadelphia, PA 19107 Telephone: (215) 567-6565 E-mail: jistvan@finekaplan.com mduncan@finekaplan.com apessin@finekaplan.com - and - Tim C. Holleman, Esq. BOYCE HOLLEMAN & ASSOCIATES 1720 23rd Ave./Boyce Holleman Blvd. Gulfport, MS 39501 Telephone: (228) 863-3142 E-mail: tim@boyceholleman.com - and - Jonathan Compretta, Esq. MIKE MOORE LAW FIRM, LLC 10 Canebrake, Suite 150 Flowood, MS 39232 Telephone: (601) 933-0070 E-mail: jc@mikemoorelawfirm.com BARACK OBAMA: Faces U.S. Government Class Suit in S.D. Texas ------------------------------------------------------------ A class action lawsuit has been commenced against Barack Hussein Obama 7+years Imperial Administrations and Expulsions Fuzes of President Barack Hussein Obama and Vice President Joseph "Joe" Biden, Joseph "Joe" Biden 7+years Imperial Administrations and Expulsions Fuzes of President Barack Hussein Obama and VicePresident Joseph "Joe" Biden, S. Breyer, Scoutus Dictum Expulsion Fainaiguing Fuzes of, R. B. Ginsburg Scoutus Dictum Expulsion Fainaiguing Fuzes of, E. Kagan Scoutus Dictum Expulsion Fainaiguing Fuzes of, A. M. Kennedy Scoutus Dictum Expulsion Fainaiguing Fuzes of, American Civil Liberty Union (ACLU) / Lynch & Gupta Special Counsel, Bagnio of LgbtHomosexual State-Clan, C. Colvin, Comm. SS Admn, and Donald Trump Populous Presidential Primary Paid Off Election-Expulsions/Stateswide Wins as Moot, Null and Void Fuzes. The case is captioned United States Government The Comity- Government of Democracy of/by/for We the People, Jus Hetero Generational-Propagational Posterity-Citizenships, Texas and 26- States of Union, James Aggrey-Kweggyir Arunga, and Doreen H. Lee v. Barack Hussein Obama 7+years Imperial Administrations and Expulsions Fuzes of President Barack Hussein Obama and VicePresident Joseph "Joe" Biden, Joseph "Joe" Biden 7+years Imperial Administrations and Expulsions Fuzes of President Barack Hussein Obama and VicePresident Joseph "Joe" Biden, S. Breyer, Scoutus Dictum Expulsion Fainaiguing Fuzes of, R. B. Ginsburg Scoutus Dictum Expulsion Fainaiguing Fuzes of, E. Kagan Scoutus Dictum Expulsion Fainaiguing Fuzes of, A. M. Kennedy Scoutus Dictum Expulsion Fainaiguing Fuzes of, American Civil Liberty Union (ACLU) / Lynch & Gupta Special Counsel, Bagnio of LgbtHomosexual State-Clan, C. Colvin, Comm. SS Admn, and Donald Trump Populous Presidential Primary Paid Off Election- Expulsions/Stateswide Wins as Moot, Null and Void Fuzes, Case No. 1:16-cv-00119 (S.D. Tex., June 9, 2016). The Plaintiff United States Government is represented by: United States Government James A-K Arunga Post Office Box 11521 Eugene, OR 97440-3721 Arunga & Lee PRO SE The Plaintiff Jus Hetero Generational-Propagational Posterity- Citizenships is represented by: Jus Hetero Generational-Propagational Posterity- Citizenships James A-K Arunga Post Office Box 11521 Eugene, OR 97440-3721 Arunga & Lee PRO SE The Plaintiff Texas and 26-States of Union is represented by: Texas and 26-States of Union James A-K Arunga Post Office Box 11521 Eugene, OR 97440-3721 Arunga & Lee PRO SE The Plaintiff James Aggrey-Kweggyir Arunga is represented by: James Aggrey-Kweggyir Arunga Arunga & Lee Post Office Box 11521 Eugene, OR 97440-3721 PRO SE The Plaintiff Doreen H. Lee is represented by: Doreen H. Lee James A-K Arunga Post Office Box 11521 Eugene, OR 97440-3721 Arunga & Lee PRO SE BASHAM LUMBER: Certification of Class Sought in M. Milkes Suit -------------------------------------------------------------- M. Milkes Insurance Agency, Inc., asks the Court to enter an order determining that the action entitled M. MILKES INSURANCE AGENCY, INC., on behalf of plaintiff and the class members defined herein v. BASHAM LUMBER CO., INC., and JOHN DOES 1-10, Case No. 1:16-cv- 06855 (N.D. Ill.), may proceed as a class action against Basham. The Plaintiff defines the class as (a) all persons, (b) who, on or after a date four years prior to the filing of this action (28 U.S.C. Section 1658), (c) were sent faxes by or on behalf of defendant Basham Lumber Co., Inc., promoting goods or services it sold (d) and which did not contain an opt out notice as described in 47 U.S.C. Section 227. M. Milkes further asks that it be appointed class representative and that Edelman, Combs, Latturner & Goodwin, LLC be appointed counsel for the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ezCcq9mo The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Dulijaza Clark, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 South Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: dedelman@edcombs.com ccombs@edcombs.com jlatturner@edcombs.com jclark@edcombs.com BIQUETTE LLC: Faces "Torres" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Jonathan Romero Torres and Evelyn Infante Vargas, individually and on behalf of others similarly situated v. Biquette LLC d/b/a Frere de Lys, Thibaut Piettre, Alexis G. Piettre, Daniel S. Paroby Jr., and Blaga S. Slaveykova-Paroby, Case No. 1:16-cv-04581 (S.D.N.Y., June 16, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The case alleges violation of the Fair Labor Standards Act. The Defendants own and operate a restaurant located at 1685 1st Avenue, New York, NY 10128. Jonathan Romero Torres and Evelyn Infante Vargas are pro se plaintiffs. BODY & SOUL: "Brown" Suit Seeks to Recover Unpaid Overtime Wages ---------------------------------------------------------------- Margarite Sampson Brown, on behalf of herself and all those similarly situated v. Body & Soul Services, Inc., Derenda Flowers and Sheila Green, Case No. 3:16-cv-00824 (W.D. La., June 10, 2016), seeks to recover unpaid overtime wages and liquidated damages and reasonable attorney's fees and costs under the Fair Labor Standards Act. The Defendants own and operate a company located at 803 Brisco Avenue Bastrop, LA 71220. The Plaintiff is represented by: Jody Forester Jackson, Esq. Mary Bubbett Jackson, Esq. JACKSON+JACKSON 201 St. Charles Avenue, Suite 2500 New Orleans, LA 70170 Telephone: (504) 599-5953 Facsimile: (888) 988-6499 E-mail: jjackson@jackson-law.net mjackson@jackson-law.net BOEHRINGER INGELHEIM: Faces "Hayman" Suit Over Pradaxa(R) Drugs --------------------------------------------------------------- Patricia Hayman v. Boehringer Ingelheim Pharmaceuticals, Inc., and Boehringer Ingelheim International GMBH, Case No. HHD-CV-16- 6068963-S (Conn. Super. Ct., June 10, 2016), is an action for damages suffered by the Plaintiffs as a proximate result of the Defendant's alleged negligent and wrongful conduct in connection with the design, testing, and labeling, of Pradaxa(R). Pradaxa (R) is a direct thrombin inhibitor that is indicated to reduce the risk of stroke and systemic embolism in patients with non-valvular atrial fibrillation. The Defendants operates a pharmaceutical company with its principal place of business at 900 Ridgebury Road, Ridgefield, Connecticut 06877. The Plaintiff is represented by: Neal L. Moskow, Esq. URY & MOSKOW, LLC 833 Black Rock Turnpike Fairfield, CT 06825 Telephone: (203) 610-6393 Facsimile: (203) 610-6399 E-mail: neal@urymoskow.com - and - Russell T. Abney, Esq. FERRER, POIROT WANSBROUGH FELLER DANIEL ABNEY & LINVILLE 2100 RiverEdge Parkway, Suite 720 Atlanta, GA 30328 Telephone: (800) 521-4492 Facsimile: 214-526-6026 E-mail: rabney@lawyerworks.com BOEHRINGER INGELHEIM: Faces "Brewer" Suit Over Pradaxa(R) Drugs --------------------------------------------------------------- Forrest Brewer v. Boehringer Ingelheim Pharmaceuticals, Inc., and Boehringer Ingelheim International GMBH, Case No. HHD-CV-16- 6068959-S (Conn. Super. Ct., June 10, 2016), is an action for damages suffered by the Plaintiffs as a proximate result of the Defendant's alleged negligent and wrongful conduct in connection with the design, testing, and labeling, of Pradaxa(R). Pradaxa (R) is a direct thrombin inhibitor that is indicated to reduce the risk of stroke and systemic embolism in patients with non-valvular atrial fibrillation. The Defendants operates a pharmaceutical company with its principal place of business at 900 Ridgebury Road, Ridgefield, Connecticut 06877. The Plaintiff is represented by: Neal L. Moskow, Esq. URY & MOSKOW, LLC 833 Black Rock Turnpike Fairfield, CT 06825 Telephone: (203) 610-6393 Facsimile: (203) 610-6399 E-mail: neal@urymoskow.com - and - Russell T. Abney, Esq. FERRER, POIROT WANSBROUGH FELLER DANIEL ABNEY & LINVILLE 2100 RiverEdge Parkway, Suite 720 Atlanta, GA 30328 Telephone: (800) 521-4492 Facsimile: 214-526-6026 E-mail: rabney@lawyerworks.com BOEHRINGER INGELHEIM: Faces "Caldwell" Suit Over Pradaxa(R) Drugs ----------------------------------------------------------------- Delmar Caldwell, Sr. v. Boehringer Ingelheim Pharmaceuticals, Inc., and Boehringer Ingelheim International GMBH, Case No. HHD- CV-16-6068960-S (Conn., Super. Ct., June 10, 2016), is an action for damages suffered by the Plaintiffs as a proximate result of the Defendant's alleged negligent and wrongful conduct in connection with the design, testing, and labeling, of Pradaxa(R). Pradaxa (R) is a direct thrombin inhibitor that is indicated to reduce the risk of stroke and systemic embolism in patients with non-valvular atrial fibrillation. The Defendants operates a pharmaceutical company with its principal place of business at 900 Ridgebury Road, Ridgefield, Connecticut 06877. The Plaintiff is represented by: Neal L. Moskow, Esq. URY & MOSKOW, LLC 833 Black Rock Turnpike Fairfield, CT 06825 Telephone: (203) 610-6393 Facsimile: (203) 610-6399 E-mail: neal@urymoskow.com - and - Russell T. Abney, Esq. FERRER, POIROT WANSBROUGH FELLER DANIEL ABNEY & LINVILLE 2100 RiverEdge Parkway, Suite 720 Atlanta, GA 30328 Telephone: (800) 521-4492 Facsimile: 214-526-6026 E-mail: rabney@lawyerworks.com BOGALUSA COURT: Cert. of Class and Subclass Sought in "Cook" Suit ----------------------------------------------------------------- Ebony Roberts and Rozzie Scott, two of the Plaintiffs in the lawsuit titled LATASHA COOK, EBONY ROBERTS, ROZZIE SCOTT, and ROBERT LEVI v. BOGALUSA CITY COURT and ROBERT J. BLACK, in his individual and official capacities, Case No. 2:16-cv-11024-ILRL- MBN (E.D. La.), move to certify these Class and Subclass for declaratory and/or injunctive relief under Claims One, Two, Three, Four, and Six of the Complaint: The Structural Bias Equitable Class: All individuals who will appear in the Bogalusa City Court for criminal cases or who have unpaid fines and costs assessed by and owed to the City Court; and The Pay Date Equitable Subclass: All individuals who were or will be adjudicated guilty in the Bogalusa City Court, who have been or will be given a future date by which to return to City Court, and who have not paid the assessed fines and costs in full prior to returning to City Court. The Plaintiffs' individual and Class and Subclass claims arise from Defendant Judge Robert J. Black's alleged unconstitutional policies of: (1) funding the City Court with court costs and fees collected from Plaintiffs and other Class members he has adjudicated as guilty; (2) forcing Plaintiffs Roberts and Scott and other putative Subclass members who have not paid their fines and costs to either pay an illegal $50 extension fee to buy additional time to pay or jailing them for non-payment, without adjudicating the willfulness of their non-payment; and (3) denying Subclass members their right to counsel when they are sentenced to default time or monetary penalties. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=72ZDUY3f The Plaintiffs are represented by: Ivy Wang, Esq. SOUTHERN POVERTY LAW CENTER 1055 St. Charles Avenue, Suite 505 New Orleans, LA 70130 Telephone: (504) 228-7279 Facsimile: (504) 486-8947 E-mail: ivy.wang@splcenter.org - and - Micah West, Esq. Samuel Brooke, Esq. Emily Early, Esq. Sara Zampierin, Esq. SOUTHERN POVERTY LAW CENTER 400 Washington Avenue Montgomery, AL 36104 Telephone: (334) 956-8200 Facsimile: (334) 956-8481 E-mail: micah.west@splcenter.org samuel.brooke@splcenter.org emily.early@splcenter.org sara.zampierin@splcenter.org CARTER'S RETAIL: Final Approval of "Dudum" Suit Settlement Sought ----------------------------------------------------------------- The Plaintiffs in the lawsuit titled JULIE DUDUM, ESTELLA GARCIA, LUNINGNING LUDOVICO, LAKISHA POWELL, and COLUMBA GUTIERREZ, individually, and on behalf of all other similarly situated persons, and on behalf of the California Labor and Workforce Development Agency v. CARTER'S RETAIL, INC.; and DOES 1 to 20, inclusive, Case No. 3:14-CV-00988 HSG (N.D. Cal.), filed with the Court their amended unopposed motion for final approval of class action settlement. The proposed class action settlement provides monetary benefits to Class Members. A significant number of Class Members have shown their support of the settlement, according to the Motion. None of the Class Member has opted out and, thus, all 463 Class Members will receive a minimum payment pursuant to the Settlement. These minimum payouts total an estimated $62,963 of the Net Settlement Amount, which represents 23.03% of the Net Settlement Amount. In total, Class Members stand to receive approximately $186,690 or 68.28% of the $273,401 Net Settlement Amount. Accordingly, the Plaintiffs ask that the Court issue and order: (1) finally approving the proposed class action settlement in the case; (2) finally certifying a settlement class pursuant to Rule 23 of the Federal Rules of Civil Procedure: The settlement class is defined as: All current and former hourly employees of Carter's, Inc., employed within the State of California from January 27, 2010 through and including January 15, 2015, and who: (a) received one or more bonus payments during the class period; and (b) worked overtime at any point during the class period. (3) finally approving the appointment of Plaintiffs Julie Dudum, Estella Garcia, Luningning Ludovico, Lakisha Powell, and Columba Gutierrez as Class Representatives; (4) finally approving the appointment of Shea & McIntyre, A.P.C. and Kletter + Nguyen Law, LLP as Class Counsel; (5) finally approving the payment of reasonable costs of administration to Simpluris, Inc. from the Maximum Settlement Amount, which is estimated at $13,599 and will be determined after the completion of the administration; (6) finally approving the Incentive Awards of $5,000 to each of the five named Plaintiffs; (7) finally approving payment of $7,012 as an award of reasonable attorneys' costs; (8) finally approving payment of $150,488 as an award of reasonable attorneys' fees; (9) finally approving a payment of $4,000 to cover penalties under the Private Attorney General Act; (10) entering a Final Judgment consistent with the terms of the Settlement Agreement; and (11) retaining jurisdiction over the parties to enforce the terms of the judgment. The Court will commence a hearing on July 28, 2016, at 2:00 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=7FUYq44f Plaintiffs Julie Dudum and Estella Garcia are represented by: Cary Kletter, Esq. Sally Trung Nguyen, Esq. KLETTER + NGUYEN LAW LLP 1900 S. Norfolk Street, Suite 350 San Mateo, CA 94403 Telephone: (415) 434-3400 E-mail: ckletter@kletterlaw.com snguyen@kletterlaw.com Plaintiffs Luningning Ludovico, Lakisha Powell, and Columba Gutierrez are represented by: John F. McIntyre, Jr., Esq. Kevin R. Elliott, Esq. SHEA & McINTYRE, A P.C. 2166 The Alameda San Jose, CA 95126-1144 Telephone: (408) 298-6611 Facsimile: (408) 275-0814 E-mail: jmcintyre@sheamcintyre.com kelliott@sheamcintyre.com CHASE BANK: "Dezfoli" Suit Removed to Central Dist. California -------------------------------------------------------------- The class action lawsuit styled Naveed Dezfoli, individually, and on behalf of all others similarly situated v. Chase Bank USA, N.A., erroneously sued as JPMorgan Chase Bank, Case No. BC621018, was removed from the Los Angeles Superior Court to the U.S. District Court for the Central District of California (Western Division - Los Angeles). The District Court Clerk assigned Case No. 2:16-cv-04315 to the proceeding. The case alleges violation of the Fair Credit Reporting Act. Chase Bank USA, N.A. s a multinational banking and financial services holding company headquartered in New York City. Naveed Dezfoli is a pro se plaintiff. COACH INC: Removed "Hinkey" Suit to East. District California ------------------------------------------------------------- The class action lawsuit captioned Cera Hinkey, on behalf of herself and others similarly situated v. Coach, Inc. and Does 1- 100, inclusive, Case No. 00193020, was removed from the Superior Court of the State of California for the County of Sacramento to the U.S. District Court Eastern District of California. The District Court Clerk assigned Case No. 2:16-cv-01343-JAM-EFB to the proceeding. The Complaint alleges violations of the California Unfair Competition Law. Coach, Inc. operates a luxury fashion company based in New York City. The Plaintiff is represented by: Gene Joseph Stonebarger, Esq. Richard David Lambert, Esq. STONEBARGER LAW 75 Iron Point Circle, Suite 145 Folsom, CA 95630 Telephone: (916) 235-7140 Facsimile: (916) 235-7141 E-mail: gstonebarger@stonebargerlaw.com rlambert@stonebargerlaw.com The Defendant is represented by: Aaron H. Marks, Esq. Kevin A. Cyrulnik, Esq. KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 1633 Broadway New York, NY 10019 Telephone: (212) 506-1700 Facsimile: (212) 506-1800 E-mail: amarks@kasowitz.com kcyrulnik@kasowitz.com - and - Jason S. Takenouchi, Esq. KASOWITZ, BENSON, TORRES & FRIEDMAN LLP 101 California Street, Suite 2300 San Francisco, CA 94111 Telephone: (415) 421-6140 Facsimile: (415) 398-5030 E-mail: jtakenouchi@kasowitz.com COLE INTERNATIONAL: "Thompson" Seeks to Recover Unpaid OT Wages --------------------------------------------------------------- William Thompson, individually and on behalf of all others similarly situated v. Cole International Tubular Service, LLC, d/b/a Cole Enterprises International Tubular Service, Case No. 4:16-cv-01671 (S.D. Tex., June 10, 2016), seeks to recover unpaid overtime wages and other damages under the Fair Labor Standards Act. Cole International Tubular Service, LLC provides operators and oil field services companies with connection and tubular services for premium casing projects. The Plaintiff is represented by: Michael A. Josephson, Esq. Lindsay R. Itkin, Esq. Andrew W. Dunlap, Esq. Jessica M. Bresler, Esq. FIBICH, LEEBRON, COPELAND BRIGGS & JOSEPHSON 1150 Bissonnet St. Houston, TX 77005 Telephone: (713) 751-0025 Facsimile: (713) 751-0030 E-mail: mjosephson@fibichlaw.com litkin@fibichlaw.com adunlap@fibichlaw.com jbresler@fibichlaw.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com CONFORMIS INC: Securities Action Pending in Massachusetts --------------------------------------------------------- ConforMIS, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 13, 2016, for the quarterly period ended March 31, 2016, that the Company continues to defend against a securities class action lawsuit in Massachusetts. On September 3, 2015, a purported securities class action lawsuit was filed against the Company, its chief executive officer, and its chief financial officer in the United States District Court for the District of Massachusetts. The complaint is brought on behalf of an alleged class of those who purchased the Company's common stock in connection with the Company's initial public offering or on the open market between July 1, 2015 and August 28, 2015, which is referred to as the class period. On November 2, 2015, two motions were filed on behalf of persons seeking to be named as lead plaintiff in the litigation. On November 10, 2015, the Court granted one petition, denied the other, and set a deadline for lead plaintiff to file a consolidated amended complaint, which the lead plaintiff filed on January 11, 2016. The consolidated amended complaint purports to allege claims arising under Sections 11 and 15 of the Securities Act of 1933, as amended, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended, and Rule 10b-5 promulgated thereunder, including allegations that the Company's stock was artificially inflated during the class period because the defendants allegedly made misrepresentations or did not make proper disclosures regarding the Company's manufacturing process prior to the Company's voluntary recall of specific serial numbers of patient- specific instrumentation for certain of the Company's knee replacement product systems. Specifically, the complaint alleges that statements made during the class period were false and misleading because the Company's manufacturing processes purportedly were flawed and, as a result of such flaws, a number of the Company's knee replacement product systems were defective. The complaint seeks, among other relief, certification of the class, unspecified compensatory damages, interest, attorneys' fees, expert fees and other costs. The Company believes it has valid defenses to the claims in the lawsuit, and intends to defend itself vigorously. There can be no assurance, however, that the Company will be successful. An adverse outcome of the lawsuit could have a material adverse effect on the Company's business, financial condition or results of operations of the Company. The Company is presently unable to predict the outcome of the lawsuit or to reasonably estimate a range of potential losses, if any, related to the lawsuit. Additional complaints also may be filed against the Company and the Company's directors and officers related to the Company's voluntary recall of specific serial numbers of patient-specific instrumentation for the Company's iUni, iDuo, iTotal CR and iTotal PS knee replacement product systems. ConforMIS, Inc. and subsidiaries (the "Company") is a medical technology company that uses its proprietary iFit Image-to-Implant technology platform to develop, manufacture and sell joint replacement implants that are individually sized and shaped, which the Company refers to as customized, to fit each patient's unique anatomy. CONVERGENT OUTSOURCING: Ruppel Seeks Certification of FDCPA Class ----------------------------------------------------------------- Deborah Ruppel asks the Court to certify a class in the lawsuit titled Deborah Ruppel, f/k/a Hodge, individually and on behalf of all others similarly situated v. Convergent Outsourcing, Inc., a Washington corporation, and Palisades Collection, LLC, a Delaware limited liability company, Case No. 1:16-cv-03553 (N.D. Ill.). The complaint was filed on March 24, 2016, alleging that, by sending a form collection letter to collect a delinquent, time- barred consumer debt, which failed to identify effectively the name of the creditor to whom the debt was owed, and which falsely represented the character, amount or legal status of any debt (by failing to inform the consumer that neither Palisades Collection nor the original creditor could sue the consumer or credit report the debt), the Defendants violated the Fair Debt Collection Practices Act. Ms. Ruppel also asks that the Court allow her to represent a class of all persons similarly situated in the state of Illinois from whom the Defendants attempted to collect a delinquent, time-barred consumer debt, allegedly owed for a Chase Manhattan Bank account, via the same form collection letter, that the Defendants sent to her, from one year before the date of this Complaint to the present. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=KPNcxkVQ The Plaintiff is represented by: David J. Philipps, Esq. Mary E. Philipps, Esq. Angie K. Robertson, Esq. PHILIPPS & PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Telephone: (708) 974-2900 Facsimile: (708) 974-2907 E-mail: davephilipps@aol.com mephilipps@aol.com angiekrobertson@aol.com COUNTRYWIDE FINANCIAL: Sued Over Real Estate Appraisal Policies --------------------------------------------------------------- Elizabeth Williams, Beckie Reaster, Rebecca Murphy, individually, and on behalf of all others similarly situated v. Countrywide Financial Corporation, Countrywide Home Loans, Countrywide Bank, N.A., Bank of America Corporation, Landsafe, Inc., and Landsafe Appraisal, Inc., Case No. 2:16-cv-04166-GHK-GJS (C.D. Cal., June 10, 2016), arises out of the scheme perpetrated by the Defendants to circumvent legal obligations imposed on Countrywide and BofA, as federally insured and regulated financial institutions, to perform real estate appraisals in accordance with the strict ethical and competency rules of the Uniform Standards of Professional Appraisal Practice ("USPAP"), in connection with the sale and refinancing of single family homes during the period January 1, 2003 to December 31, 2008. Countrywide Financial Corporation, through its subsidiaries Countrywide Home Loans and Countrywide Bank, was engaged in mortgage lending. Bank of America Corporation is a bank holding company with executive offices is located at 100 N. Tyron Street, Charlotte, North Carolina. Landsafe, Inc. and Landsafe Appraisal, Inc. provide loan closing products and services such as credit reports and appraisals. The Plaintiff is represented by: Christopher R. Pitoun, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 301 North Lake Avenue, Suite 203 Pasadena, CA 91101 Telephone: (213) 330-7150 Facsimile: (213) 330-7152 E-mail: christopherp@hbsslaw.com - and - Steve W. Berman, Esq. Thomas E. Loeser, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 E-mail: steve@hbsslaw.com toml@hbsslaw.com DITECH FINANCIAL: Certification of Class Sought in "Smith" Suit --------------------------------------------------------------- The Plaintiffs in the lawsuit entitled KENNETH AND LINDA SMITH v. DITECH FINANCIAL, LLC. f/k/a DITECH MORTGAGE CORP, GREEN TREE SERVICING, LLC, Case No. 4:16-cv-00949-RLW (E.D. Mo.), move for an order certifying the lawsuit as a class action against Ditech. Plaintiffs move the Court to certify this class under the Fair Debt Collection Practices Act: All persons with a collections account in Defendant's office who Defendant placed a door hanger on or at their home within the year immediately preceding the filing of this class action complaint, in which door hanger, Defendant (1) failed to include the disclosures required by 15 U.S.C. Section 1692e(11). The Plaintiffs also ask the Court to appoint Pontello Law, LLC, as class counsel, and appoint them as class representatives. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=D8e8z63D The Plaintiffs are represented by: Dominic M. Pontello, Esq. PONTELLO LAW, LLC 5988 Mid Rivers Mall D12, Suite 114 St. Charles, MO 63304 Telephone: (636) 541-7673 Facsimile: (636) 441-6881 E-mail: dominic@pontellolaw.com DOLGENCORP LLC: "Vega" Class Suit Removed to W.D. Missouri ---------------------------------------------------------- The class action lawsuit entitled Roberto Vega, individually and on behalf of all others similarly situated v. Dolgencorp L.L.C. d/b/a Dollar General Corporation, Case No. 5:16-cv-00242, was removed from the District of California Central to the U.S. District Court for the Western District of Missouri (Kansas City). The District Court Clerk assigned Case No. 4:16-cv-00518-GAF to the proceeding. Dolgencorp L.L.C. operates retail discount stores throughout the United States The Plaintiff is represented by: Allan Kanner, Esq. Conlee S. Whiteley, Esq. Cynthia St Amant, Esq. KANNER & WHITELEY, LLC 701 Camp Street New Orleans, LA 70130 Telephone: (504) 524-5777 Facsimile: (504) 524-5763 E-mail: a.kanner@kanner-law.com c.whiteley@kanner-law.com c.stamant@kanner-law.com - and - Gillian L. Wade, Esq. Marc Castaneda, Esq. Sara D. Avila, Esq. MILSTEIN ADELMAN JACKSON FAIRCHILD AND WADE LLP 10250 Constellation Boulevard Suite 1400 Los Angeles, CA 90067 Telephone: (310) 396-9600 Facsimile: (310) 396-9635 E-mail: gwade@majfw.com mcastaneda@milsteinadelman.com savila@majfw.com The Defendant is represented by: Richard T. Taylor, Esq. MCGUIREWOODS LLP 800 East Canal Street Richmond, VA 92319 Telephone: (804) 775-1182 Facsimile: (804) 225-5409 E-mail: rtaylor@mcguirewoods.com - and - A Brooks Gresham, Esq. MCGUIREWOODS LLP 1800 Century Park East 8th Floor Los Angeles, CA 90067-1501 Telephone: (310) 315-8200 Facsimile: (310) 315-8210 E-mail: bgresham@mcguirewoods.com DOLLAR GENERAL: "Brown" Class Suit Transferred to W.D. Missouri --------------------------------------------------------------- The class action lawsuit captioned Allen Brown, on behalf of himself and all others similarly situated v. Dollar General Corporation and DG Retail LLC, Case No. 1:16-cv-00310 was transferred from the District of Colorado to the U.S. District Court for the Western District of Missouri (Kansas City). The District Court Clerk assigned Case No. 4:16-cv-00519-GAF to the proceeding. The Defendants operates a chain of variety stores headquartered in Goodlettsville, Tennessee. The Plaintiff is represented by: Allan Kanner, Esq. Conlee Whiteley, Esq. Cynthia St Amant, Esq. KANNER & WHITELEY, LLC 701 Camp Street New Orleans, LA 70130 Telephone: (504) 524-5777 Facsimile: (504) 524-5763 E-mail: a.kanner@kanner-law.com c.whiteley@kanner-law.com c.stamant@kanner-law.com - and - Colin W McClain, Esq. Kevin Daniel Stanley, Esq. Andrew Kelley Smith, Esq. HUMPHREY, FARRINGTON, & MCCLAIN, PC 221 West Lexington, Suite 400 P. O. Box 900 Independence, MO 64051 Telephone: (816) 836-5050 Facsimile: (816) 836-8966 E-mail: cwm@hfmlegal.com kds@hfmlegal.com aks@hfmlegal.com The Defendant is represented by: Richard Trent Taylor, Esq. MCGUIRE WOODS LLP 800 E. Canal Street Gateway Plaza Richmond, VA 23219-5409 Telephone: (804) 775-1000 Facsimile: (804) 225-5409 E-mail: rtaylor@mcguirewoods.com - and - Zane Allen Gilmer, Esq. STINSON LEONARD STREET LLP 6400 South Fiddlers Green Circle, Suite 1900 Greenwood Village, CO 80111 Telephone: (303) 376-8416 Facsimile: (303) 578-7966 E-mail: zane.gilmer@stinsonleonard.com DOLLAR GENERAL: "Deck" Class Suit Transferred to W.D. Missouri -------------------------------------------------------------- The class action lawsuit styled Michael Deck and Milton M. Cooke Jr., individually and on behalf of all others similarly situated v. Dollar General Corporation d/b/a Dolgencorp of Texas, Inc., Case No. 4:15-cv-03680, was transferred from the District of Texas Southern to the U.S. District Court for the Western District of Missouri (Kansas City). The District Court Clerk assigned Case No. 4:16-cv-00533-GAF to the proceeding. Dollar General Corporation operates a chain of variety stores headquartered in Goodlettsville, Tennessee. The Plaintiff Michael Deck is represented by: Cynthia St Amant, Esq. KANNER & WHITELEY LLC 701 CAMP ST New Orleans, LA 70130 Telephone: (504) 524-5777 Facsimile: (504) 524-5763 E-mail: c.stamant@kanner-law.com - and - David Wilson Pace, Esq. ATTORNEY AT LAW 707 Omar Houston, TX 77009 Telephone: (832) 582-5078 E-mail: dpacc63@gmail.com The Plaintiff is represented by: Allan Kanner, Esq. Conlee Schell Whiteley, Esq. KANNER & WHITELEY, LLC 701 Camp Street New Orleans, LA 70130 Telephone: (504) 524-5777 Facsimile: (504) 524-5763 E-mail: a.kanner@kanner-law.com c.whiteley@kanner-law.com The Defendant is represented by: Richard Trent Taylor, Esq. MCGUIRE WOODS LLP 800 East Canal Street Richmond, VA 23219-4030 Telephone: (804) 775-1182 Facsimile: (804) 225-5409 E-mail: rtaylor@mcguirewoods.com - and - Thomas M. Farrell, Esq. MCGUIREWOODS LLP 600 Travis, Ste 7500 Houston, TX 77002 Telephone: (713) 353-6677 E-mail: tfarrell@mcguirewoods.com DOLLAR GENERAL: "Taschner" Suit Transferred to W.D. Missouri ------------------------------------------------------------ The class action lawsuit styled James Taschner, on behalf of himself and all others similarly situated v. Dollar General Corporation and Dolgencorp L.L.C., Case No. 4:16-cv-00347, was transferred from the District of Missouri Eastern to the U.S. District Court Western District of Missouri (Kansas City). The District Court Clerk assigned Case No. 4:16-cv-00606-GAF to the proceeding. The Defendants operate a chain of variety stores headquartered in Goodlettsville, Tennessee. The Plaintiff is represented by: Mitchell M. Breit, Esq SIMMONS AND HANLY, LLC 112 Madison Ave., 7th FL New York, NY 10016 Telephone: (212) 784-6422 Facsimile: (212) 213-5949 E-mail: mbreit@simmonsfirm.com - and - Sarah S. Burns, Esq. SIMMONS LAW FIRM One Court Street Alton, IL 62002 Telephone: (618) 259-2222 Facsimile: (618) 259-2251 E-mail: sburns@simmonsfirm.com The Defendant is represented by: Joy Syrcle STINSON AND LEONARD LLP 7700 Forsyth Boulevard, Suite 1100 St. Louis, MO 63105 Telephone: (314) 259-4537 Facsimile: (314) 259-3968 E-mail: joy.syrcle@stinsonleonard.com DOLLAR GENERAL: "Wood" Class Suit Transferred to W.D. Missouri -------------------------------------------------------------- The class action lawsuit captioned Jason Wood and Roger Barrows, on behalf of themselves and all others similarly situated v. Dollar General Corporation and Dolgencorp L.L.C., Case No. 3:16- cv-00534, was transferred from the District of New York Northern to the U.S. District Court Western District of Missouri (Kansas City). The District Court Clerk assigned Case No. 4:16-cv-00607- GAF to the proceeding. The Defendants operate a chain of variety stores headquartered in Goodlettsville, Tennessee. The Plaintiff is represented by: Mitchell M. Breit, Esq. SIMMONS AND HANLY, LLC 112 Madison Ave., 7th FL New York, NY 10016 Telephone: (212) 784-6422 Facsimile: (212) 213-5949 E-mail: mbreit@simmonsfirm.com The Defendant is represented by: Philip A. Goldstein, Esq. MCGUIRE, WOODS LAW FIRM 1345 Avenue of the Americas, 7th Floor New York, NY 10105-0106 Telephone: (212) 548-2100 Facsimile: (212) 715-6275 E-mail: pagoldstein@mcguirewoods.com EL POLLO: Does Not Properly Pay Overtime Wages, "Perez" Suit Says ----------------------------------------------------------------- Martha Perez, individually and on behalf of other persons similarly situated v. El Pollo Loco, Inc. and Does 1 through 10, Case No. BC624001 (Cal. Super. Ct., June 16, 2016), was filed against the Defendants for failure to: pay employees minimum wages for all hours worked, to compensate for overtime work, provide meal periods, provide rest periods, provide proper wage statements, and pay all wages owed to terminated or separated employees in a timely manner including vested vacation benefits. El Pollo Loco, Inc. owns and operates a restaurant in Los Angeles County, California. The Plaintiff is represented by: Zorik Mooradian, Esq., Haik Hacopian, Esq., LAW OFFICES OF ZORIK MOORADIAN 5023 N. Parkway Calabasas Calabasas, CA 91302 Telephone: (818) 876-9627 Facsimile: (888) 783-1030 E-mail: zorik@mooradianlaw.com haik.hacopian@gmail.com FACEBOOK INC: Court Refuses to Certify Class in Privacy Suit ------------------------------------------------------------ The Hon. Ronald M. Whyte denied the motion for class certification filed in the case titled In re: Facebook Privacy Litigation, Case No. 5:10-cv-02389-RMW (N.D. Cal.). Judge Whyte opined that because the Court finds that individualized questions will predominate with respect to Facebook's alleged breach and misrepresentation, the Court denies the Plaintiffs' motion for class certification. The Court has also filed an unredacted copy of the Order that is accessible to case participants only. If either party believes that the redacted portions of the Order disclose confidential information, the party must file an administrative motion to file under seal within 14 days of the order, Judge Whyte said. If neither party moves to seal any part of the Order within 14 days, the Order will be made public in its entirety, Judge Whyte noted. In the Motion, the Plaintiffs move to certify a class of Facebook users pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure. In addition to the Plaintiffs' Motion, there are several related motions pending before the Court: Facebook's motion to strike the expert opinion of Forrest Vickery, Facebook's motion to strike the expert opinion of Edward Pscheidt, and the Plaintiffs' motion to strike the expert testimony of Matt Jones. The court heard argument on January 29, 2016. "Facebook's motion to strike the expert opinion of Edward Pscheidt is denied as moot because plaintiffs do not rely on Mr. Pscheidt's opinions. For the reasons explained herein, the court denies plaintiffs' motion for class certification and plaintiffs' motion to strike the testimony of Matt Jones. As the court does not reach the parties' arguments with respect to damages, Facebook's motion to strike the expert opinions of Forrest Vickery is denied as moot," according to the Order. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=nraq2DZK FORD MOTOR: Appeals Ruling in "Edwards" Class Suit to 9th Circuit ----------------------------------------------------------------- Defendant Ford Motor Company filed an appeal from a court ruling entered in a proceeding in the lawsuit originally styled Gene Edwards v. Ford Motor Company, Case No. 3:11-cv-01058-MMA-BLM, in the U.S. District Court for Southern California, San Diego. As previously reported in the Class Action Reporter, Ms. Edwards alleged that Ford violated California's Consumers Legal Remedies Act and Unfair Competition Law when it sold and serviced 2005-07 Freestyle vehicles without informing customers of a known defect in the electronic throttle control system that caused the Freestyles to "surge," or accelerate unexpectedly. The appellate case is captioned as Gene Edwards v. Ford Motor Company, Case No. 16-55868, in the United States Court of Appeals for the Ninth Circuit. The Plaintiff-Appellee is represented by: Eric H. Gibbs, Esq. David K. Stein, Esq. GIRARD GIBBS LLP 601 California Street San Francisco, CA 94108 Telephone: (415) 981-4800 E-mail: ehg@classlawgroup.com ds@classlawgroup.com - and - Michael Francis Ram, Esq. RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP 101 Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 433-4949 E-mail: mram@rocklawcal.com The Defendant-Appellant is represented by: Janet L. Conigliaro, Esq. DYKEMA GOSSETT PLLC 400 Renaissance Center, 35th floor Detroit, MI 48243 Telephone: (313) 568-5372 E-mail: jconigliaro@dykema.com - and - Krista L. Lenart, Esq. John Mark Thomas, Esq. DYKEMA GOSSETT PLLC 2723 South State Street Ann Arbor, MI 48104 Telephone: (734) 214-7676 E-mail: klenart@dykema.com jthomas@dykema.com - and - Amir Nassihi, Esq. SHOOK, HARDY & BACON LLP One Montgomery Tower, Suite 2700 San Francisco, CA 94104 Telephone: (415) 544-1900 E-mail: anassihi@shb.com FTS USA: Court Rules on Thomas' Objection and Bid to Strike ----------------------------------------------------------- In the case captioned KELVIN M. THOMAS, et al., Plaintiffs, v. FTS USA, LLC, et al., Defendants, Civil Case No. 3:13cv825 (E.D. Va.), Judge Robert E. Payne granted in part and denied, in part, the plaintiff's objection and motion to strike as follows: (1) the motion was denied as moot as to the Declaration of Colin Dougherty; (2) the motion was granted as to the Declaration of Lauren Dudley and attachments thereto; (3) the motion was granted as to the affirmative defense of venue; (4) the motion was denied as moot as to the affirmative defenses of release and accord and satisfaction; and (5) the motion was denied as to the affirmative defense of judicial estoppel. A full-text copy of Judge Payne's June 24, 2016 memorandum opinion is available at https://is.gd/38GHie from Leagle.com. The class action was filed by Kelvin Thomas on December 11, 2013 complaint on behalf of himself and all others similarly situated, alleging that defendants FTS USA, LLC, and Unitek Global Services, Inc. had violated the Fair Credit Reporting Act (FCRA). The complaint alleged four counts under the FCRA. Kelvin M. Thomas, Plaintiff, represented by Christopher Colt North, Craig Carley Marchiando -- craig@clalegal.com -- Consumer Litigation Associates, Lauren K.W. Brennan -- lbrennan@consumerlawfirm.com -- Francis & Mailman PC, pro hac vice, Leonard Anthony Bennett -- leonard@clalegal.com -- Consumer Litigation Associates, Susan Mary Rotkis -- susan@clalegal.com -- Consumer Litigation Associates & William Leonard Downing, The Consumer and Employee Rights Law Firm PC. FTS USA, LLC, Unitek Global Services, Inc., Defendants, represented by Christopher Emil Polchin -- cpolchin@foxrothschild.com -- Fox Rothschild LLP, pro hac vice, Jessica Vasconcellos Haire -- jhaire@foxrothschild.com -- Fox Rothschild LLP & Colin David Dougherty -- cdougherty@foxrothschild.com -- Fox Rothschild LLP, pro hac vice. GALENA BIOPHARMA: $9MM in Attorney's Fees Awarded ------------------------------------------------- In the cases captioned In re GALENA BIOPHARMA, INC. SECURITIES LITIGATION. In re GALENA BIOPHARMA, INC. DERIVATIVE LITIGATION, Case No. 3:14-cv-00367-SI (LEAD), Associated case No. 3:14-cv- 00389., 3:14-cv-00410, 3:14-cv-00435, 3:14-cv-00558, Case No. 3:14-cv-00382-SI (LEAD), Associated case No. 3:14-cv-00514-SI., 3:14-cv-00516-SI, 3:15-cv-01465-SI (D. Or.), Judge Michael H. Simon granted in part the motions for attorney's fees, expenses, and incentive awards in both cases. Plaintiffs in both cases, a securities fraud class action and related consolidated shareholder derivative actions, who are shareholders of defendant Galena Biopharma, Inc., alleged that Galena, certain members of Galena's Board of Directors, and the executive officers of Galena engaged in a fraudulent scheme to promote Galena and increase its stock price so that many of Galena's officers and directors could (and did) sell their personally-owned Galena stock at artificially high prices, in a "pump and dump" insider trading scheme. The plaintiffs in the Securities Action further alleged that non-settling defendants, The DreamTeam Group LLC and its Managing Member Michael McCarthy, and Lidingo Holdings, LLC and its Managing Member Kamilla Bjorlin, participated in the scheme by publishing bullish articles, comments, blogs, posts, and email blasts, including having authors publish this material using false aliases and without including the required disclosures that the authors were being paid by Galena to try to inflate its stock price. By separate orders, Judge Simon approved the settlement agreements in both sets of cases. Judge Simon also awarded $9 million in total attorney's fees, to be divided equally between the Securities Action and the Derivative Action, for an award of attorney's fees in the amount of $4.5 million in each set of cases. Counsel in the Securities Action additionally was awarded $112,534.65 for expenses in that case and counsel in the Derivative Action additionally was awarded $153,081.02 for expenses in that matter. In addition, the requested incentive awards were allowed. A full-text copy of Judge Simon's June 24, 2016 opinion and order is available at https://is.gd/zVm3Bi from Leagle.com. Gonzalo Baya, Plaintiff, represented by Leigh R. Handelman Smollar -- lsmollar@pomlaw.com -- Pomerantz LLP, pro hac vice & Robert S. Banks, Jr. -- bbanks@samuelslaw.com -- Samuels Yoelin Kantor LLP. Saul Rosenthal, Plaintiff, represented by Leigh R. Handelman Smollar, Pomerantz LLP, pro hac vice & Christopher J. Kayser -- cjkayser@larkinsvacura.com -- Larkins Vacura LLP. Alan Theriault, Plaintiff, represented by Jonathan Horne -- jhorne@rosenlegal.com -- The Rosen Law Firm, pro hac vice & Leigh R. Handelman Smollar, Pomerantz LLP, pro hac vice. Mark J. Ahn, Defendant, represented by Jonathan R. Tuttle -- jrtuttle@debevoise.com -- Debevoise & Plimpton LLP, pro hac vice, Kristen L. Tranetzki -- kristen@angelilaw.com -- Angeli Ungar Law Group LLC & Scott N. Auby, Debevoise & Plimpton LLP, pro hac vice. Steven A. Kriegsman, Defendant, represented by Misha A.D. Isaak, Perkins Coie, LLP & Robert L. Aldisert -- raldisert@perkinscoie.com -- Perkins Coie, LLP. DreamTeam Group, Michael McCarthy, Defendants, represented by Jacob S. Frenkel -- jfrenkel@dickinson-wright.com -- Dickinson Wright PLLC, pro hac vice, Renee Beth Kramer -- rkramer@shulmanrogers.com -- Shulman, Rogers, Gandal, Pordy & Ecker, P.A., pro hac vice, Russell D. Duncan -- rduncan@shulmanrogers.com -- Shulman, Rogers, Gandal, Pordy & Ecker, P.A., pro hac vice & Ciaran Patrick Ahern Connelly -- cconnelly@balljanik.com -- Ball Janik, LLP. Kamilla Bjorlin, Defendant, represented by Edward Gartenberg -- egartenberg@gghslaw.com -- Gartenberg Gelfand Hayton LLP, pro hac vice. Lidingo Holdings LLC, Defendant, represented by Edward Gartenberg, Gartenberg Gelfand Hayton LLP, pro hac vice, Leigh R. Handelman Smollar, Pomerantz LLP, pro hac vice & Daniel L. Keppler -- keppler@kwar.com -- Kennedy Watts Arellano LLP. Richard Chin, Rudolph Nisi, Stephen Galliker, Sanford Hillsberg, Defendants, represented by Misha A.D. Isaak, Perkins Coie, LLP & Robert L. Aldisert, Perkins Coie, LLP. Guillaume Stroker, Robert Schacht, Movants, represented by Brian O. O'Mara -- bomara@rgrdlaw.com -- Robbins Geller Rudman & Dowd LLP, pro hac vice. GENERAL MOTORS: Class Certification Granted in "Tolmasoff" Suit --------------------------------------------------------------- The Hon. George Caram Steeh entered opinion and order in the lawsuit titled SEAN TOLMASOFF, on behalf of himself and all other similarly situated v. GENERAL MOTORS, LLC, Case No. 2:16-cv-11747- GCS-APP (E.D. Mich.): -- denying in part and granting in part the Plaintiff's motion for provisional class certification and appointment of class counsel; and -- denying the Plaintiff's motion to invalidate releases solicited by GM and executed by thousands of putative class members and to enjoin GM from further communicating with putative class members about the subject matter of the lawsuit. The proposed class action is brought by Sean Tolmasoff on behalf of a proposed class of current and former owners of the 2016 Chevrolet Traverse, the 2016 Buick Enclave, and the 2016 GMC Acadia. The Plaintiff alleges that GM overstated the fuel economy ratings of these three vehicles, and he is suing under the Michigan Consumer Protection Act, the Florida Deceptive and Unfair Trade Practices Act, and the common-law causes of action of fraud, negligent misrepresentation, and unjust enrichment. "In short, class certification under Rule 23(b)(2) would be improper because Plaintiff's complaint does not contain a plea for final injunctive or declaratory relief except for a pro forma request in the "prayer for relief" section of the complaint. Therefore the Court will not certify Plaintiff's proposed class at this time," Judge Steeh opined. "The Court will, however, designate Plaintiff's current counsel of record as interim class counsel, as requested," Judge Steeh added. Judge Steeh also explained that the Court will deny in full the Plaintiff's motion to invalidate because invalidation of all releases signed thus far by the potential class members, without even seeking their input, would be an extreme form of relief unauthorized by Rule 23(d), and enjoining GM from communicating with potential class members would be inappropriate under Rule 23(d) because the Plaintiff has failed to demonstrate that GM's communications with the potential class members have been coercive, misleading, or otherwise abusive. A copy of the Opinion and Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=GmNsEhYK GREEN DOT: Sued Over Pre-Paid Debit Card Access Disruptions ----------------------------------------------------------- Kathleen Crook, individually and on behalf of others similarly situated v. Green Dot Corporation, Green Dot Bank, Mastercard Incorporated, and Mastercard International Incorporated, Case No. 2:16-cv-04172 (C.D. Cal., June 9, 2016), arises out of the extended disruption of consumer access to funds in accounts linked to the Walmart MoneyCard, a pre-paid debit card issued and serviced by the Defendants. The Defendants operate a retail banking company in California. The Plaintiff is represented by: Daniel C. Girard, Esq. Jordan Elias, Esq. Scott M. Grzenczyk, Esq. GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, CA 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 E-mail: dcg@girardgibbs.com je@girardgibbs.com smg@girardgibbs.com HEARTLAND DENTAL: Faces "Johnson" Suit Over Failure to Pay OT ------------------------------------------------------------- Ronica Johnson, on behalf of herself and others similarly situated v. Heartland Dental, LLC, Case No. 8:16-cv-02154-PJM (D. Md., June 16, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Heartland Dental, LLC is the largest dental support organization in the United States with more than 750 supported dental offices located in 33 states. The Plaintiff is represented by: Brian Joseph Markovitz, Esq. JOSEPH GREENWALD AND LAAKE PA 6404 Ivy Ln Ste 400 Greenbelt, MD 20770 Telephone: (301) 220-2200 Facsimile: (240) 553-1747 E-mail: bmarkovitz@jgllaw.com - and - R. Andrew Santillo, Esq. WINEBRAKE & SANTILLO, LLC Twining Office Center, Suite 211 715 Twining Road Dresher, PA 19025 Telephone: (215) 884-2491 E-mail: asantillo@winebrakelaw.com HG STAFFING: Faces "Ramirez" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Antonio Ramirez, Hillary Baker, Radd Bates, Claire Berry, Brigitte Bliss, Frances Bolin, Esperanza Buehrle, Patrick Bukowski, Lizeth Cardenas-Ramos, Todd Carns, Tiffany Carter, Jessica Clay, Jacklyn Curry, Maria Ducker, David Duran, Melvin English, Jay Eyer, Levi Feuerherm, Diana Flores, Fernando Garcia, Matthew Geis, Nicole Gildea, Andrew Gnagy, Alfred Goranson, Keanu Govan, Staci Greeson, Marilyn Hall, Brett Henderson, Ebony Holmes, Patricia Hughes, Ashlie Jones, Sarah Jones, Gerald Larson Iii, Christopher Lombardo, Kevin Long, Terry Marhanka, Mary Marshall, Eddy Martel- Rodriguez, Christina Martin, Bonnie Massa, Christina Mccoy, Frances Meager, Kiel Moore, Robert Morgan, Louise Ndolo-Hermann, Melissa Nehrbass, Inez Niegemann, Stacey Ornelas, Nancy Pallas, David Papaleo, Sean Park, Jayne Parton, Maria Pelaez-Rojas, Arturo Pineda, Beverly Powers, Heather Ramirez, Joa Records, Adam Reigle, Crystelle Rife, Gloria Robotham, Marlene Sanchez, Jacqueline Sanchez (Provencio), Brandon Schultz, Paul Schultz, Nicole Seuffert, Trena Smith, Michael Stevens, Darlene Vance, Emily Vandrielen, Esperanza Vasquez, Celene Vasquez, Maria Veslazquez- Desed, Michael Walls, Andrew Werth, Karla Woolley, and Melvin Xitumul, on behalf of themselves and all others similarly situated v. HG Staffing, LLC, MEI-GSR Holdings LLC d/b/a Grand Sierra Resort, and Does 1 through 50, inclusive, Case No. 3:16-cv-00318 (D. Nev., June 10, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. HG Staffing, LLC operates an employment agency located at 2500 East Second Street, Reno, NV 89585. MEI-GSR Holdings LLC operates a hotel located at 200 East Second Street, Reno, NV 89585. The Plaintiff is represented by: Mark R. Thierman, Esq. Joshua D. Buck, Esq. Leah L. Jones, Esq. THIERMAN BUCK LLP 7287 Lakeside Drive Reno, NV 89511 Telephone: (775) 284-1500 Facsimile: (775) 703-5027 E-mail: mark@thiermanbuck.com josh@thiermanbuck.com leah@thiermanbuck.com ICE HOUSE: Faces "Zajac" Suit Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Lauren Zajac, on behalf of herself and all others similarly situated v. Ice House on Bohicket LLC d/b/a Red's Ice House, Cecil Crowley, Dianne Crowley, and John Does 1-10, Case No. 2:16-cv- 01869-PMD (D.S.C., June 30, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a restaurant located at 1882 Andell Bluff Blvd., Johns Island, SC 29455. The Plaintiff is represented by: Bruce E. Miller, Esq. BRUCE E MILLER LAW OFFICE 147 Wappoo Creek Drive, Suite 603 Charleston, SC 29412 Telephone: (843) 579-7373 E-mail: bmiller@brucemillerlaw.com IDI INC: Faces "Furman" Suit Over Misleading Financial Reports -------------------------------------------------------------- Dario Furman, on behalf of himself and all other similarly situated stockholders of IDI, Inc. v. Michael H. Brauser, Phillip Frost, Steven D. Rubin, Derek Dubner, Ryan Schulke, Robert Fried, Peter Benz, Robert Swayman, Donald Mathis, and IDI, Inc., Case No. 12446 (Del. Ch. Ct., June 10, 2016), 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. IDI, Inc. is a data and analytics company providing information and marketing solutions to businesses in a range of industries. The Plaintiff is represented by: Peter B. Andrews, Esq. Craig J. Springer, Esq. David M. Sborz, Esq. ANDREWS & SPRINGER, LLC 3801 Kennett Pike Building C, Suite 305 Wilmington, DE 19807 Telephone: (302) 504-4967 Facsimile: (302) 397-2681 E-mail: pandrews@andrewsspringer.com cspringer@andrewsspringer.com dsborz@andrewsspringer.com - and - Jeremy Friedman, Esq. Spencer Oster, Esq. David Tejtel, Esq. FRIEDMAN OSTER & TEJTEL PLLC 240 East 79th Street, Suite A New York, NY 10075 Telephone: (888) 529-1108 E-mail: jfriedman@fotpllc.com soster@fotpllc.com dtejtel@fotpllc.com IDENTIV INC: Court Stays "Chopra" Lawsuit ----------------------------------------- Identiv, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 13, 2016, for the quarterly period ended March 31, 2016, that the court in the Chopra lawsuit has entered an order staying proceedings in the Chopra lawsuit in favor of the Oswald lawsuit. On December 16, 2015, the Company and certain of its present and former officers and directors were named as defendants in a putative class action lawsuit filed in the United States District Court for the Northern District of California, entitled Rok v. Identiv, Inc., et al., Case No. 15-cv-05775, alleging violations of Section 10(b) of the Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and Section 20(a) of the Exchange Act of 1934. On May 3, 2016, the court-appointed lead plaintiff Thomas Cunningham in the Rok lawsuit filed an amended complaint and a notice of dismissal without prejudice of all current or former officers and directors other than Jason Hart and Brian Nelson. In addition, three shareholder derivative actions were filed between January and February 2016. On January 1, 2016, certain of the Company's present and former officers and directors were named as defendants, and the Company was named as nominal defendant, in a shareholder derivative lawsuit filed in the United States District Court for the Northern District of California, entitled Oswald v. Humphreys, et al., Case No. 16-cv-00241-JCS, alleging breach of fiduciary duty and abuse of control claims. On January 25, 2016, certain of the Company's present and former officers and directors were named as defendants, and the Company was named as nominal defendant, in a shareholder derivative lawsuit filed in the Superior Court of the State of California, County of Alameda, entitled Chopra v. Hart, et al., Case No. RG16801379, alleging breach of fiduciary duty claims. On February 9, 2016, certain of the Company's present and former officers and directors were named as defendants, and the Company was named as nominal defendant, in a shareholder derivative lawsuit filed in the Superior Court of the State of California, County of Alameda, entitled Wollnik v. Wenzel, et al., Case No. HG16803342, alleging breach of fiduciary duty, corporate waste, gross mismanagement, and unjust enrichment claims. These lawsuits generally allege that the Company made false and/or misleading statements and/or failed to disclose information in certain public filings and disclosures between 2013 and 2015. Each of the lawsuits seeks one or more of the following remedies: unspecified compensatory damages, unspecified exemplary or punitive damages, restitution, declaratory relief, equitable and injunctive relief, and reasonable costs and attorneys' fees. On May 2, 2016, the court in the Chopra lawsuit entered an order staying proceedings in the Chopra lawsuit in favor of the Oswald lawsuit, based on a stipulation to that effect filed by the parties in the Chopra lawsuit on April 28, 2016. The Company intends to vigorously defend against these lawsuits. The Company cannot currently predict the impact or resolution of each of these lawsuits or reasonably estimate a range of possible loss, if any, which could be material, and the resolution of these lawsuits may harm its business and have a material adverse impact on its financial condition. Identiv is a global security technology company that secures data, physical places and things. INDIANA GENERAL: Faces "Wolfe" Suit Over Civil Rights Violation --------------------------------------------------------------- Kenneth George Wolfe, in his personal capacity and on behalf of those similarly situated v. Indiana General Assembly, in their official and individual capacity, Case No. 2:16-cv-00227-JMS-DKL (S.D. Ind., June 16, 2016), is brought against the Defendant for Civil Rights violation. Indiana General Assembly is the state legislature, or legislative branch, of the state of Indiana. Kenneth George Wolfe is a pro se plaintiff. ISLAND WAY: Fails to Pay Employees Overtime, "Parker" Suit Says --------------------------------------------------------------- Jeremy Parker, Michael Byer, Robert Kocielko, individually and on behalf of those similarly situated v. Island Way Towers, LLC, The Hembree Group, Inc., and Greg Hembree, Case No. 8:16-cv-01589-MSS- MAP (M.D. Fla., June 16, 2016), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours in each workweek. The Defendants operate a condominium complex located at 223 Island Way, Clearwater, FL 33767. The Plaintiff is represented by: Ryan D. Barack, Esq. Michelle Erin Nadeau, Esq. KWALL, SHOWERS, BARACK & CHILSON, P.A. 133 North Fort Harrison Avenue Clearwater, FL 33755 Telephone: (727) 441-4947 Facsimile: (727) 447-3158 E-mail: rbarack@ksbclaw.com mnadeau@ksbclaw.com ISS FACILITY: Wins Bid to Arbitrate Claims in "Sweet" Class Suit ---------------------------------------------------------------- The Hon. Steven D. Merryday granted ISS Facility Services, Inc.'s motion to compel arbitration of Curtis Lamar Sweet's claims in the lawsuit entitled CURTIS LAMAR SWEET, et al. v. ISS FACILITY SERVICES, INC., Case No. 8:15-cv-2849-T-23TBM (M.D. Fla.). "Because Sweet's claims are 'referable to arbitration,' ISS Facility's motion (Doc. 16) to compel arbitration is GRANTED, and this action is STAYED pending completion of Sweet's arbitration. The clerk is directed to administratively close the case," Merryday said. "Within a week after the day Sweet and ISS Facility receive the arbitral decision, Sweet must move to re-open the case and to lift the stay," Judge Merryday added. Judge Merryday also denied without prejudice motion for class certification. Curtis Lamar Sweet and Brice Griffin sue ISS Facility and argue that ISS Facility denied employment to each Plaintiff based on a consumer report obtained in violation of the Fair Credit Reporting Act. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=CZzEBljo JUI LI ENTERPRISE: Court Certifies Class in Fond Du Lac Suit ------------------------------------------------------------ Judge Lynn Adelman granted the plainitffs' motion to certify class in the case captioned FOND DU LAC BUMPER EXCHANGE, INC., on Behalf of itself and others similarly situated, Plaintiff, v. JUI LI ENTERPRISE COMPANY, LTD., et al., Defendants. DZIDRA FULLER, et al., Plaintiffs, v. JUI LI ENTERPRISE COMPANY, LTD., et al., Defendants. FIREMAN'S FUND INSURANCE, CO., on Behalf of itself and others similarly situated, Plaintiff, v. JUI LI ENTERPRISE COMPANY, LTD., et al., Defendants. NATIONAL TRUCKING FINANCIAL RECLAMATION SERVICES LLC, on behalf of itself and others similarly situated, Plaintiff, v. JUI LI ENTERPRISE COMPANY, LTD., et al., Defendants, Case Nos. 09-cv-0852, 13-cv-0946, 13-cv-0987, 13-cv- 1061 (E.D. Wis.). Judge Adelman, however, denied the parties' motions to seal/motions to restrict and the direct plaintiffs' motion to seal. The relevant documents shall be made publicly available. Judge Adelman also denied without prejudice Jui Li's motion to compel. A full-text copy of Judge Adelman's June 24, 2016 decision and order is available at https://is.gd/vhfonZ from Leagle.com. The defendants in the antitrust case are manufacturers of aftermarket automotive sheet metal parts. The plaintiffs alleged that the defendants conspired to fix, raise, maintain, and stabilize the prices of aftermarket sheet metal parts in violation of The Sherman Act. Fond du Lac Bumper Exchange Inc, Plaintiff, represented by Andrew M. Purdy -- apurdy@saverilawfirm.com -- Joseph Saveri Law Firm, Benjamin D. Brown -- bbrown@cohenmilstein.com -- Cohen Milstein Hausfeld & Toll, Christopher M. Burke -- cburke@scott-scott.com -- David W. Mitchell -- davidm@rgrdlaw.com -- Robbins Geller Rudman & Dowd LLP, Dean M. Harvey, Lieff Cabraser Heimann & Bernstein LLP, Douglas A. Millen -- dmillen@fklmlaw.com -- Freed Kanner London & Millen LLC, Eric B. Fastiff -- efastiff@lchb.com -- Lieff Cabraser Heimann & Bernstein LLP, Jason S. Hartley -- hartley@stuevesiegel.com -- Stueve Siegel Hanson LLP, Jason A. Zweig -- jasonz@hbsslaw.com -- Hagens Berman Sobal Shapiro LLP, Jeffrey A. Leon -- jeff@qulegal.com -- Quantum Legal LLC, Jessica N. Servais -- jservais@heinsmills.com -- Heins Mills & Olson PLC, Jon T. King, The Furth Firm LLP, Joseph M. Barton, Law Offices of Joseph M. Barton, Joseph R. Saveri -- jsaveri@saverilawfirm.com -- Joseph Saveri Law Firm, K. Scott Wagner, Wagner Law Group SC, Kevin E. Rayhill -- krayhill@saverilawfirm.com -- Joseph Saveri Law Firm, Michael P. Lehmann -- mlehmann@hausfeld.com -- Hausfeld LLP, Patrick J. Stueve, Stueve Siegel Hanson LLP, Robert G. Eisler, Grant & Eisenhofer PA, Susan G. Kupfer, Glancy Binkow & Goldberg LLP & Vincent J. Esades, Heins Mills & Olson PLC. Roberts Wholesale Body Parts Inc, Plaintiff, represented by Christopher M. Burke, David W. Mitchell, Robbins Geller Rudman & Dowd LLP, Douglas A. Millen, Freed Kanner London & Millen LLC, Eric B. Fastiff, Lieff Cabraser Heimann & Bernstein LLP, Jason S. Hartley, Stueve Siegel Hanson LLP, Jason A. Zweig, Hagens Berman Sobal Shapiro LLP, Jeffrey A. Leon, Quantum Legal LLC, Jessica N. Servais, Heins Mills & Olson PLC, Jon T. King, The Furth Firm LLP, Joseph M. Barton, Law Offices of Joseph M. Barton, Joseph R. Saveri, Joseph Saveri Law Firm, K. Scott Wagner, Wagner Law Group SC, Michael P. Lehmann, Hausfeld LLP, Patrick J. Stueve, Stueve Siegel Hanson LLP, Rachel L.B. Stoering, Susan G. Kupfer, Glancy Binkow & Goldberg LLP & Vincent J. Esades, Heins Mills & Olson PLC. Fireman's Fund Insurance Company, Consolidated Plaintiff, represented by Derek G. Howard, Howard Law Firm, Kevin P. Caraher, Cozen O'Connor, Ben Barnow, Catherine R. Reilly, Cozen O'Connor, Daniel R. Karon, Goldman Scarlato Karon & Penny PC, Danielle C. Morello, Cozen O'Connor, Erich P. Schork & Ronald F. Wick, Cozen O'Connor. National Trucking Financial Reclamation Services LLC, Consolidated Plaintiff, represented by Ben Barnow, Michael L. Roberts, Roberts Law Firm PA & Erich P. Schork. Jui Li Enterprise Company Ltd, Defendant, represented by Alfredo A. Bismonte, Beck Bismonte & Finley LLP, Jeremy M. Duggan, Beck Bismonte & Finley LLP, Justin T. Beck, Beck Bismonte & Finley LLP & Ronald C. Finley, Beck Bismonte & Finley LLP. Tong Yang Industry Co Ltd, Defendant, TYG Products LP, Consolidated Defendant, represented by Yi Chin Ho, Kirkland & Ellis LLP. Gordon Auto Body Parts, Defendant, represented by Howard B. Iwrey, Dykema Gossett PLLC, J. Ric Gass, Gass Weber Mullins LLC, Michael B. Brennan, Gass Weber Mullins LLC & Yi Chin Ho, Kirkland & Ellis LLP. Auto Parts Industrial Ltd, Defendant, Cornerstone Auto Parts LLC, Consolidated Defendant, represented by Cindy D. Hinkle, Buchanan Ingersoll & Rooney PC, Gretchen L. Jankowski, Buchanan Ingersoll & Rooney PC, Lynn J. Alstadt, Buchanan Ingersoll & Rooney PC &Wendelynne J. Newton, Buchanan Ingersoll & Rooney PC. Gordon Auto Body Parts Co Ltd, Consolidated Defendant, represented by J. Ric Gass, Gass Weber Mullins LLC, Michael B. Brennan, Gass Weber Mullins LLC & Yi Chin Ho, Kirkland & Ellis LLP. Roberts Wholesale Body Parts Inc, Movant, represented by Jason S. Hartley, Stueve Siegel Hanson LLP, Jessica N. Servais, Heins Mills & Olson PLC, K. Scott Wagner, Wagner Law Group SC & Vincent J. Esades, Heins Mills & Olson PLC. Mitchell International Inc, Movant, represented by Kevin C. Pollard, Buelow Vetter Buikema Olson & Vliet LLC. KAUFMAN ENGLETT: Cadwell Seeks Certification of Consumer Classes ---------------------------------------------------------------- The Plaintiff in the lawsuit styled LOYD P. CADWELL, Individually and on behalf of All Others Similarly Situated v. KAUFMAN, ENGLETT & LYND, PLLC, Case No. 6:16-cv-00662-PGB-KRS (M.D. Fla.), seeks certification of these class of consumers: (a) The Class Member retained KEL using the "Bankruptcy Chapter 7 Retainer Agreement" or a substantially similar document with the intent of filing of a Chapter 7 case in the Middle District of Florida; (b) KEL collected Chapter 7 retainer fees from the prospective assisted person or assisted person through the charging of a credit/charge card which caused the prospective assisted person or assisted person to incur more debt prior to the potential filing of the Chapter 7; and (c) The Class would include any prospective assisted person or assisted person who signed a "Bankruptcy Chapter 7 Retainer Agreement" within four (4) years preceding the filing of the original Complaint in this proceeding through the date this Court issues an Order Approving Class Notice. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=68iut7HL The Plaintiff is represented by: Bryan K. Mickler, Esq. LAW OFFICES OF MICKLER & MICKLER, LLP 5452 Arlington Expressway Jacksonville, FL 32211 Telephone: (904) 725-0822 Facsimile: (904) 725-0855 E-mail: bkmickler@planlaw.com The Defendant is represented by: Adam C. Herman, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.A. Landmark Center One 315 E. Robinson Street, Suite 550 Orlando, FL 32801-2719 E-mail: acherman@mdwcg.com KELLY SERVICES: Dolemba Seeks to Certify Two TCPA & ICFA Classes ---------------------------------------------------------------- Herminia Dolemba asks that the Court enter an order determining that the action captioned HERMINIA DOLEMBA, on behalf of plaintiff and the class defined below v. KELLY SERVICES, INC., and JOHN DOES 1-10, Case No. 1:16-cv-04971 (N.D. Ill.), may proceed as a class action against defendant Kelly Services, Inc. The Plaintiff alleges violation of the Telephone Consumer Protection Act and Illinois Consumer Fraud Act. The classes the Plaintiff seeks to represent are defined as: Class A: The class consists of (a) all persons (b) who, on or after a date four years prior to the filing of this action (28 U.S.C. Section 1658), and on or before a date 20 days following the filing of this action, (c) received calls from defendants on their cell phones, (d) placed using an automated dialer or a prerecorded or artificial voice (e) and who either (i) had no communications with Kelly Services, Inc. for 3 years prior to the time the calls were received, or such other time that Kelly Services, Inc. keeps employment applications active, or (ii) received calls for types of jobs other than those applied for. Class B: The class consists of (a) all persons with phone numbers in the Illinois area codes (b) who, on or after a date three years prior to the filing of this action, and on or before a date 20 days following the filing of this action, (c) received calls from defendant on their cell phones, (d) placed using an automated dialer or a prerecorded or artificial voice (e) and who either (i) had no communications with Kelly Services, Inc. for 3 years prior to the time the calls were received, or such other time that Kelly Services, Inc. keeps employment applications active, or (ii) received calls for types of jobs other than those applied for. Ms. Dolemba further asks that Edelman, Combs, Latturner & Goodwin, LLC be appointed counsel for the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=k3P2EELV The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Heather Kolbus, Esq. Michelle A. Alyea, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 S. Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: dedelman@edcombs.com ccombs@edcombs.com jlatturner@edcombs.com KILLION & SONS: Certification of Class Sought in "Baughman" Suit ---------------------------------------------------------------- The Plaintiff in the lawsuit captioned SETH BAUGHMAN, individually and on behalf of others similarly situated v. KILLION & SONS WELL SERVICE, INC., Case No. 2:15-cv-01143CB (W.D. Pa.), moves the Court to enter an order granting conditional certification of this class under the Fair Labor Standards Act: All present or former field employees of Defendants Killion & Sons Well Service, Inc., including but not necessarily limited to "pumpers" and "well tenders" in the United States who, during the three years prior to the commencement of this action to the present were subject to the Killion & Sons Well Service, Inc. Payroll Policy and practices related thereto. Mr. Baughman also asks the Court to appoint him as class representative, to appoint his counsel as class counsel, and to allow issuance of class notice. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=sVFiFw7S The Plaintiff is represented by: Michael D. Simon, Esq. Adrian N. Roe, Esq. ROE & SIMON LLC The Frick Building, Suite 200 437 Grant Street Pittsburgh, PA 15219 Telephone: (412) 434-8187 E-mail: mdsimon20@msn.com aroe@roelawoffice.com - and - James J. Brink, Esq. BRINK LAW OFFICES, P.C. 428 Forbes Ave., Suite 555 Pittsburgh, PA 15219 Telephone: (412) 227-0961 E-mail: jbrink@jamesbrinklaw.com - and - Steven C. Townsend, Esq. EDDY DELUCA GRAVINA & TOWNSEND 564 Forbes Ave., Penthouse Pittsburgh, PA 15219 Telephone: (412) 281-5336 E-mail: stownsend@pghlaw.com KNIGHT OIL: Seeks Approval of Settlement in "Provost" Class Suit ---------------------------------------------------------------- The parties in the lawsuit styled RUSTY PROVOST, individually and on behalf of others similarly situated v. KNIGHT OIL TOOLS, LLC, Case No. 6:15-cv-02059-RFD-PJH (W.D. La.), jointly seek the Court's approval of their stipulation and proposed scheduling order. Rusty Provost and Knight Oil have entered into the Joint Stipulation to memorialize their agreements for a temporary stay of formal discovery and for conditional certification of the Action as a collective action under Section 16(b) of the Fair Labor Standards Act. The Plaintiff, a former worker of Knight Oil, and its affiliated division Knight Fishing Services filed the Case under the Fair Labor Standards Act. He alleges that the Defendant improperly classified him as an exempt employee, who was not required to be paid overtime compensation pursuant to the FLSA, instead of an employee, who is required to receive overtime compensation. The Plaintiff seeks to represent a class of allegedly similarly situated workers. Under the terms of the Parties' Stipulation, the Defendant will consent to the Court's entering a Consent Order conditionally certifying this matter as a collective action for the exclusive purpose of litigating the class's claims that they were improperly classified as exempt employees and denied overtime pay for hours worked each seven day work period in excess of 40. The Defendant's consent to the Plaintiff's motion for conditional certification is made without prejudice to its right later to argue that the Plaintiff and any opt-in Plaintiffs are not "similarly situated" under applicable law. The Defendant does not, by consenting to the Plaintiff's Motion, admit that the Plaintiff or any opt-in Plaintiffs are "similarly situated." The Parties acknowledge that the Defendant intends to file a Motion to Decertify the Class, as provided for in any Scheduling Order entered by the Court, if this matter is not resolved by agreement after the expiration of the discovery period which will follow the stay of this matter which is agreed to herein. The Opt-In Class will consist of all current and former Knight Oil Tools, LLC employees, who worked as dispatchers in the Knight Fishing Services Division in the State of Louisiana and who were classified as exempt during the period of time starting three years prior to the date upon which the Court conditionally certifies the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=038Y4CvG The Plaintiff is represented by: Kenneth D. St. Pe, Esq. THE LAW OFFICES OF KENNETH D. ST. PE 311. W. University Avenue, Suite A Lafayette, LA 70506 Telephone: (337) 534-4043 The Defendant is represented by: Greg Guidry, Esq. OGLETREE, DEAKINS, NASH, SMOAK, STEWART, P.C. 603 Silverstone Road, Suite 102A Lafayette, LA 70508 Telephone: (337) 769-6583 E-mail: greg.guidry@ogletreedeakins.com KOHL'S CORP: Bid to Dismiss "Murillo" Suit Denied ------------------------------------------------- In the case captioned MIGUEL MURILLO, MICHAEL BAEHMAN, and BONNIE BAEHMAN, on Behalf of Themselves and All Similar Situated, Plaintiffs, v. KOHL'S CORPORATION and KOHL'S DEPARTMENT STORES, INC., Defendants, Others Case No. 16-CV-196-JPS (E.D. Wis.), Judge J.P. Stadtmueller denied the defendants' motion to dismiss the amended complaint. Judge Stadtmueller found that the plaintiffs (1) adequately pled their claim under the Wisconsin Deceptive Trade Practices Act; (2) may proceed on their unjust enrichment theory given the potentially unenforceable nature of their purchase contracts; (3) at this time, have statutory standing to pursue their multi-state claim; and (4) maintain an "actual" controversy with the defendants for the purpose of the declaratory judgment claim. A full-text copy of Judge Stadtmueller's June 24, 2016 order is available at https://is.gd/tgiRfy from Leagle.com. The suit was filed on February 18, 2016 against Kohl's Corporation and Kohl's Department Stores for purportedly engaging in a nationwide marketing scheme that is untrue, deceptive, and misleading to consumers. Miguel Murillo, Michael Baehman, Bonnie Baehman, Plaintiffs, represented by Andrea Farah -- afarah@scott-scott.com -- Scott Scott LLP, E. Kirk Wood, Wood Law Firm LLC, Erin G. Comite -- ecomite@scott-scott.com -- Gary F. Lynch -- glynch@carlsonlynch.com -- Carlson Lynch Sweet Kipela & Carpenter LLP, Joseph Pettigrew -- jpettigrew@scott-scott.com -- Karen Hanson Riebel -- khriebel@locklaw.com -- Lockridge Grindal Nauen PLLP & Joseph P. Guglielmo -- jguglielmo@scott-scott.com -- Scott Scott LLP. Kohl's Corporation, Kohl's Department Stores Inc, Defendants, represented by David R. Konkel -- dkonkel@gklaw.com -- Godfrey & Kahn SC, John L. Kirtley -- jkirtley@gklaw.com -- Godfrey & Kahn SC & Matthew M. Wuest -- mwuest@gklaw.com -- Godfrey & Kahn SC. LAKE1925: Sued in Cal. Over Failure to Make Unit Defects Repair --------------------------------------------------------------- Xochitl Gonzalez, Larissa Castellanos, Damian Zamora, Gustavo Castellanos, Adon'jovel Ferrer, Gerardo Castellanos, a minor, by and through his Guardian ad Litem Martha Shehadeh, and Aaliyah Ferrer, a minor, by and through her Guardian ad Litem Martha Shehadeh v. Lake1925, LP, Jerald Udinsky, individually and as Trustee of the Udinsky Family Trust, Bing Udinsky, individually and as Trustee of the Udinsky Family Trust, Happy Home Partners, LLC, Happy Home Properties, Christina Sheward, Reginald Hairston and Does 1-30, Case No. RG16818996 (Cal. Super. Ct., June 10, 2016), 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. The Defendants own and operate a real estate agency doing business in the County of Alameda, 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 LEXINGTON GRUPPE: Has Made Unsolicited Calls, "Alan" Suit Claims ---------------------------------------------------------------- Jason Alan, individually and on behalf of all others similarly situated v. Lexington Gruppe Inc., Ameet Andhari, and Does inclusive and each of them, Case No. 8:16-cv-01075-AG-KES (C.D. Cal., June 9, 2016), seeks to stop the Defendants' practice of using an artificial and prerecorded voice to deliver a message without prior express consent of the called party. The Defendants operate an office furniture store headquartered at 380 Union St, West Springfield, MA 01089. 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@toddflaw.com tfriedman@toddflaw.com LIFE CARE CENTERS: Court Certifies BOMs Class in "Robinson" Suit ---------------------------------------------------------------- The Hon. Vanessa D. Gilmore entered an order in the lawsuit entitled BETH ROBINSON v. LIFE CARE CENTERS OF AMERICA, Case No. 4:15-cv-03675 (S.D. Tex.), granting the Plaintiff's motion to certify a class of "all individuals who, at any point, during the past three (3) years prior to the filing of this lawsuit, worked for Defendant Life Care as Business Office Managers." The Plaintiff's motion for class notice is granted in part. The Court directed the parties to modify the proposed notice according to the Court's instructions. The Defendant's objections to the proposed notice are sustained. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=PbaTpjhn MARTIN AVENUE: Podiatry In Motion Seeks to Certify Three Classes ---------------------------------------------------------------- Podiatry In Motion, Inc., asks the Court to enter an order determining that the action styled PODIATRY IN MOTION, INC., on behalf of plaintiff and the class members defined herein v. MARTIN AVENUE PHARMACY, INC., and JOHN DOES 1-10, Case No. 1:16-cv-06556 (N.D. Ill.), may proceed as a class action against Martin Avenue. The Plaintiff defines the classes as: For purposes of Count I, alleging violation of the Telephone Consumer Protection Act, 47 U.S.C. Section 227, plaintiff seeks to represent a class consisting of (a) all persons, (b) who, on or after a date four years prior to the filing of this action (28 U.S.C. Section 1658), (c) were sent faxes by or on behalf of defendant Martin Avenue Pharmacy, Inc., promoting its goods or services for sale (d) and which did not contain an opt out notice as described in 47 U.S.C. Section 227. For purposes of Count II, alleging violation of the Illinois Consumer Fraud Act, 815 ILCS 505/2, plaintiff seeks to represent a class consisting of (a) all persons with Illinois fax numbers (b) who, on or after a date three years prior to the filing of this action (815 ILCS 505/10a), (c) were sent faxes by or on behalf of defendant Martin Avenue Pharmacy, Inc., promoting its goods or services for sale (d) and which did not contain an opt out notice as described in 47 U.S.C. Section 227. For purposes of Count III, alleging conversion, Count IV, alleging nuisance, and Count V, alleging trespass to chattels, plaintiff seeks to represent a class consisting of (a) all persons, (b) who, on or after a date five years prior to the filing of this action, (c) were sent faxes by or on behalf of defendant Martin Avenue Pharmacy, Inc., promoting its goods or services for sale (d) and which did not contain an opt out notice as described in 47 U.S.C. Section 227. The Plaintiff further asks that it be appointed class representative and that Edelman, Combs, Latturner & Goodwin, LLC be appointed counsel for the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=PwrYfXKD The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Dulijaza Clark, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 South Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: dedelman@edcombs.com ccombs@edcombs.com jlatturner@edcombs.com jclark@edcombs.com M-QUBE: Renewed Bid for Class Certification Denied -------------------------------------------------- In the case captioned RICHARD A. GEIER, individually and on behalf of all others similarly situated, Plaintiff, v. M-QUBE, INC., et al., Defendants, No. C13-354-TSZ (W.D. Wash.), Judge Thomas S. Zilly denied with prejudice the plaintiff's renewed motion for class certification. Mobile Messenger served as a billing aggregator that linked "content providers," which interacted directly with cell phone subscribers, and cell carriers such as AT&T and Verizon. Content providers would advertise products such as a reverse auction game to cell phone subscribers who would enroll via a "double opt-in process." Richard Geier contended that the system was rife with fraud and led to the unknown billing of many cell subscribers. Even though some thousands of Washington residents subscribed to and were billed for these programs, only a small portion of those individuals ever took advantage of them. Thus, Geier argued that the overwhelming majority of subscribers were likely billed through fraudulent means. Geier previously brought a motion to certify class that focused on the deception prong of the Washington Consumer Protection Act (CPA). The court denied that motion without prejudice, resulting in a renewed motion which focuses on the unfair practices prong of the CPA. Judge Zilly, however, found that the class is not ascertainable, individual issues predominate over common ones, and that a class action is not the superior method of resolution. The judge also concluded that any future motion would be futile, and thus Geier's motion was denied with prejudice. A full-text copy of Judge Zilly's June 24, 2016 order is available at https://is.gd/RzLR7T from Leagle.com. Richard A. Geier, Plaintiff, represented by Jennifer Rust Murray - - jmurray@terrellmarshall.com -- TERRELL MARSHALL LAW GROUP PLLC, Matthew J. Zuchetto -- zuchetto@washingtonclassaction.com -- THE EMPIRE STATE BUILDING, Toby James Marshall -- tmarshall@terrellmarshall.com -- TERRELL MARSHALL LAW GROUP PLLC & Erika L. Nusser -- enusser@terrellmarshall.com -- TERRELL MARSHALL LAW GROUP PLLC. M-Qube Inc, Mobile Messenger Americas Inc, Defendants, represented by Stephen M. Rummage -- steverummage@dwt.com -- DAVIS WRIGHT TREMAINE, James C. Grant -- jamesgrant@dwt.com -- DAVIS WRIGHT TREMAINE & Max Bamberger Hensley -- maxhensley@dwt.com -- DAVIS WRIGHT TREMAINE. Darcy Wedd, Fraser Thompson, Defendants, represented by Angelo J. Calfo -- angeloc@calfoharrigan.com -- CALFO HARRIGAN LEYH & EAKES, LLP & Shane P. Cramer -- shanec@calfoharrigan.com -- CALFO HARRIGAN LEYH & EAKES, LLP. MEDFORCE TECHNOLOGIES: Waterfront Seeks Certification of Class -------------------------------------------------------------- The Plaintiff in the lawsuit titled WATERFRONT TERRACE, INC., an Illinois corporation, individually and as the representative of a class of similarly-situated persons v. MEDFORCE TECHNOLOGIES, INC. a New York corporation, and JOHN DOES 1-5, Case No. 1:16-cv-06704 (N.D. Ill.), moves for class certification pursuant to Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011). Waterfront proposes this class definition: All persons who (1) on or after four years prior to the filing of this action, (2) were sent telephone facsimile messages of material advertising the commercial availability or quality of any property, goods, or services by or on behalf of Defendants, and (3) which Defendants did not have prior express permission or invitation, or (4) which did not display a proper opt-out notice. Waterfront also asks the Court to appoint it as the class representative, and appoint its attorneys as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=jXbyVmSJ The Plaintiff is represented by: Brian J. Wanca, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: bwanca@andersonwanca.com MEDICINES COMPANY: "Schuler" Settlement Deal Has Final Okay ----------------------------------------------------------- In the case captioned WARREN H. SCHULER, individually and on behalf of other persons similarly situated, Plaintiff, v. THE MEDICINES COMPANY, et al., Defendant, Civil Action No. 14-1149 (CCC) (D.N.J.), Judge Claire C. Cecchi granted final certification of the settlement class and collective action, approved the settlement agreement, awarded litigation costs and expenses, and dismissed the action with prejudice. The settlement agreement provides that the defendants will pay $4,250,000 into an escrow account for the benefit of the class. The settlement amount is inclusive of all payments to class members as well as to lead counsel and lead plaintiff. Judge Cecchi also granted the lead counsel's requested award of $1,402,500 in attorneys' fees, which represents 33% percent of the common fund created by the settlement agreement, and an award of $33,569.20 in expenses incurred while prosecuting the litigation. In addition, the judge granted lead plaintiff's requested award in the amount of $3,500 to compensate him for his time and service to the class. A full-text copy of Judge Cecchi's June 24, 2016 opinion is available at https://is.gd/OL3FfG from Leagle.com. Warren H. Schuler brought the action on behalf of himself and all other similarly situated individuals against the Medicines Company, Clive A. Meanwell, Paul M. Antinori, and Glenn P. Sblendorio for violation of federal securities laws. On February 25, 2016, the court granted preliminary certification of the settlement class and collective action and preliminarily approved the settlement. WARREN H. SCHULER, Lead Plaintiff, DAVID SERR, Plaintiff, represented by BRUCE DANIEL GREENBERG -- bgreenberg@litedepalma.com -- LITE DEPALMA GREENBERG, LLC. THE MEDICINES COMPANY, CLIVE A MEANWELL, PAUL M ANTINORI, GLENN P SBLENDORIO, Defendants, represented by BRIAN J. MCMAHON -- bmcmahon@gibbonslaw.com -- GIBBONS, PC & J. BRUGH LOWER -- jlower@gibbonslaw.com -- GIBBONS PC. MEDIFIT CORPORATE: Flores Seeks Cert. of Two Settlement Classes --------------------------------------------------------------- Francisco Flores filed with the Court his revised motion for preliminary approval of an agreement to settle the lawsuit captioned FRANCISCO FLORES, individually, and on behalf of all others similarly situated v. MEDIFIT CORPORATE SERVICES, INC., and DOES 1 through 100, inclusive, Case No. 3:15-cv-03423-WHO (N.D. Cal.). Mr. Flores seeks conditional certification of these classes for purposes of settlement only: California Class: All persons who worked in California for MediFit Corporate Services, Inc. at any point since June 16, 2011 as a group exercise instructor, personal trainer or swim instructor. FLSA Class: All persons who worked in California for MediFit Corporate Services, Inc. at any point since June 16, 2012 as a group exercise instructor, personal trainer or swim instructor. Mr. Flores asks for an order appointing Scott Cole & Associates, APC as Class Counsel, appointing him and Giulia Ferraris as Class Representatives, appointing Rust Consulting, Inc., as the Settlement Administrator, approving the Class Notice and timeline for administration, and setting the final approval hearing date. Among other things, the Settlement provides that: -- the Defendant will pay $1,300,000; and -- the Net Settlement Fund will be calculated by deducting these: * Court-approved award for attorneys' fees, up to 25% of the GSF; * Court-approved reimbursement of attorneys' actual costs, up to $20,000; * Enhancement Awards to the Class Representatives, $4,500 for Plaintiff Flores and $1,500 for Plaintiff Ferraris; * Payment for release of PAGA claims in the amount of $5,000; and * Costs of settlement administration, not expected to be more than $20,500. The entire Net Settlement Fund will be automatically paid to class members, who do not opt out. Any unapproved amount of attorneys' fees, costs, or settlement administration costs will be reallocated to the Net Settlement Fund and distributed to the class members. Each member of the California Class will be entitled to receive a pro rata portion of 95% of the NSF, and each member of the FLSA class will be entitled to a pro rata portion of 5% of the NSF. Settlement awards will be calculated based upon the number of pay periods worked during the respective settlement periods, divided by the total number of pay periods worked by all class members during the respective settlement periods. The Court will commence a hearing on July 13, 2016, at 2:00 p.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=9jTdNsb4 The Plaintiff is represented by: Scott Edward Cole, Esq. Matthew R. Bainer, Esq. SCOTT COLE & ASSOCIATES, APC 1970 Broadway, Ninth Floor Oakland, CA 94612 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 E-mail: scole@scalaw.com mbainer@scalaw.com MOLYCORP INC: Armstrong Appeals From Ruling in Securities Suit -------------------------------------------------------------- Plaintiffs Gary Armstrong, Gail Fialkov, Brett Huber, Macie J. Jurkowski, Paul Saldana, Ronald Simmers and Allen Trempe filed an appeal from a court ruling entered in the consolidated litigation titled In re Molycorp, Inc. Securities Litigation, Case No. 13-cv- 5697, in the U.S. District Court for the Southern District of New York. As previously reported in the Class Action Reporter on June 2, 2016, District Court Judge Paul A. Crotty denied the Plaintiffs' motion for reconsideration of the Court's March 12, 2015 Opinion and Order dismissing their Consolidated Amended Complaint, which alleged the Defendants made material misstatements and omissions in public filings, in violation of Exchange Act Sections 10(b) and 20(a), and Rule 10b-5.1 2015 WL 1097355. The Plaintiffs argued that the Court erred in (i) failing to consider as a discrete material misrepresentation Defendants' alleged failure to disclose contractual breaches by a Molycorp contractor; and (ii) denying the motion with prejudice and without leave to amend. A full-text copy of the Opinion and Order dated May 23, 2016, is available at https://is.gd/lSechC from Leagle.com. The appellate case is captioned as In re Molycorp, Inc. Securities Litigation, Case No. 16-2089, in the United States Court of Appeals for the Second Circuit. The Plaintiffs-Appellants are represented by: Ira M. Press, Esq. KIRBY MCINERNEY LLP 825 3rd Avenue New York, NY 10022 Telephone: (212) 371-6600 Facsimile: (212) 699-1194 E-mail: ipress@kmllp.com Defendant-Appellee Molycorp, Inc., is represented by: Robert F. Serio, Esq. GIBSON, DUNN & CRUTCHER LLP 200 Park Avenue New York, NY 10166 Telephone: (212) 351-4000 E-mail: rserio@gibsondunn.com Defendants-Appellees Constantine E. Karayannopoulos, Mark A. Smith, Michael F. Doolan, John L. Burba and John F. Ashburn, Jr., are represented by: Jason M. Koral, Esq. COOLEY LLP 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 479-6669 Facsimile: (212) 479-6275 E-mail: jkoral@cooley.com MONTEREY FINANCIAL: Class Action Allegations in "Dixon" Nixed ------------------------------------------------------------- In the case captioned EDITH DIXON, Plaintiff, v. MONTEREY FINANCIAL SERVICES, INC., Defendant, Case No. 15-cv-03298-MMC (N.D. Cal.), Judge Maxine M. Chesney granted in part and denied, in part, the defendant's Motion for Summary Judgment [and] to Strike Plaintiff's Class Allegations, as follows: 1. To the extent the motion seeks summary judgment on plaintiff's claims, the motion was denied. 2. To the extent the motion seeks an order striking from the First Amended Complaint the class action allegations, the motion was granted, and the class action allegations were stricken. 3. If the plaintiff wishes to file a Second Amended Complaint for the purpose of amending her class action allegations, the plaintiff shall file such pleading no later than July 15, 2016. If the plaintiff does not do so within the time provided, the instant action will proceed on the plaintiff's individual claims. A full-text copy of Judge Chesney's June 24, 2016 order is available at https://is.gd/vS4vmF from Leagle.com. In the operative complaint, the First Amended Complaint, Edith Dixon alleged that Monterey Financial Services, Inc. violated the Telephone Consumer Protection Act (TCPA) when, after she "revoked her consent to be called by [d]efendant", "[d]efendant continued to call [p]laintiff on her cellular telephone", using an "automatic telephone dialing system". Based on said allegations, Dixon alleged two causes of action, titled, respectively, "Negligent Violations of the [TCPA]" and "Knowing and/or Willful Violations of the [TCPA]." Dixon also sought to proceed on her own behalf and on behalf of a nationwide class. Monterey argued it is entitled to summary judgment on Dixon's TCPA claims, or, in the alternative, that the class action allegations should be stricken. Edith Dixon, Plaintiff, represented by Adrian Bacon, Law Offices of Todd M. Friedman, P.C., Meghan Elisabeth George, Law Offices of Todd M. Friedman, P.C. & Todd Michael Friedman, Law Offices of Todd M. Friedman, P.C.. Monterey Financial Services, Inc., Defendant, represented by Dennis Joseph Ward -- dennis.ward@rmkb.com -- Ropers Majeski Kohn & Bentley & Brendan H. Little -- blittle@lippes.com -- Lippes Mathias Wexler Friedman LLP. MR GOODCENTS: Faces "Kibbie" Class Suit in District Nebraska ------------------------------------------------------------ A class action lawsuit has been commenced against Mr. Goodcents Franchise Systems, Inc. The case is captioned Plaintiff Taylor Kibbie, on behalf of himself and all others similarly situated v. Mr. Goodcents Franchise Systems, Inc., Case No. 4:16-cv-03084-JMG-CRZ (D. Neb., June 9, 2016). Mr. Goodcents Franchise Systems, Inc. operates and franchises a quick-serve restaurant chain in the United States. The Plaintiff is represented by: Jeremy M. Glapion, Esq. GLAPION LAW FIRM 1704 Maxwell Drive Wall, NJ 07719 Telephone: (732) 455-9737 Facsimile: (732) 709-5150 E-mail: jmg@glapionlaw.com - and - Tregg R. Lunn, Esq. LAW OFFICE OF TREGG LUNN 1028 G Street, Suite 101 Lincoln, NE 68508 Telephone: (402) 730-7021 Facsimile: (402) 438-6167 E-mail: tregg@tregglunnlaw.com NESTLE WATERS: Doesn't Properly Pay Employees, "Ortega" Suit Says ----------------------------------------------------------------- Ricardo Ortega and Chris Davis, as individuals and on behalf of all others similarly situated v. Nestle Waters North America Inc., and Does 1 through 50, inclusive, Case No. BC623619 (Cal. Super. Ct., June 10, 2016), is brought against the Defendants failure to pay all meal period wages and rest break wages and failure to pay all overtime wages and minimum wages. Nestle Waters North America Inc. is a business-unit of Nestle that produces and distributes numerous brands of water across North America. The Plaintiff is represented by: Kenneth H. Yoon, Esq. Stephanie E. Yasuda, Esq. Brian G. Lee, Esq. LAW OFFICES OF KENNETH H. YOON One Wilshire Blvd., Suite 2200 Los Angeles, CA 90017 Telephone: (213) 612-0988 Facsimile: (213) 947-1211 NEW MILLENIUM: Faces "Fayzieva" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Rano Fayzieva, individually and on behalf of all other persons similarly situated v. New Millenium Home Care Agency, Case No. 510242/2016 (N.Y. Sup. Ct., June 16, 2016), is brought against the Defendant for failure to pay overtime wages in violation of the New York Labor Law. New Millenium Home Care Agency is primarily engaged in providing nursing and home health aide services at the residences of its clients. The Plaintiff is represented by: Lloyd R. Ambinder, Esq. LaDonna M. Lusher, Esq. Milana Dostanitch, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th Floor New York, NY 10004 Telephone: (212) 943-9080 E-mail: lambinder@vandallp.com NIKE USA: Illegally Obtains Background Reports, Action Claims ------------------------------------------------------------- Jerald Nettles, individually and as a representative of the class v. Nike USA, Inc., d/b/a Nike and Nike Retail Services, Inc., d/b/a Nike, Case No. 1:16-cv-06100 (N.D. Ill., June 10, 2016), is brought against the Defendants for failure to provide required disclosures prior to procuring background reports on applicants and employees. The Defendant is engaged in the design and distribution athletic footwear, apparel, equipment, and accessories for a wide variety of sports and fitness activities. The Plaintiff is represented by: Andrew C. Ficzko, Esq. STEPHAN ZOURAS, LLP 205 North Michigan Ave., Suite 2560 Chicago, IL 60601 Telephone: 312-233-1550 NOBILIS HEALTH: Motion to Dismiss "Schott" Case Underway -------------------------------------------------------- Nobilis Health Corp. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 13, 2016, for the quarterly period ended March 31, 2016, that the Company's motion to dismiss a shareholder class action remains pending. The Company said, "After the Company announced it would be restating its 2014 annual financial statements and 2015 first and second quarter interim financial statements, one complaint, Schott v. Nobilis Health Corp. et al, was filed in the United States District Court for the Southern District of Texas against the Company, our former chief executive officer and our current chief financial officer. The complaint seeks class action status on behalf of our shareholders and alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 arising out of the restatement and seeks undisclosed damages." The defendants intend to vigorously defend against these claims and filed a motion to dismiss the consolidated complaint for failure to plead particularized facts supporting a strong inference of scienter on the part of the individual defendants. In response, the Plaintiff filed an amended complaint on March 7, 2016. The Company subsequently filed a motion to dismiss the amended complaint for failure to plead particularized facts supporting a strong inference of scienter on the part of the individual defendants. The court granted the plaintiffs additional time to respond to the Company's motion to dismiss setting a deadline of May 16, 2016. "At this early stage, we are not yet able to determine the likelihood of loss, if any, arising from this matter," the Company said. Nobilis owns and manages nine healthcare facilities. NOBILIS HEALTH: "Capelli" Case Pending in Canada ------------------------------------------------ Nobilis Health Corp. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 13, 2016, for the quarterly period ended March 31, 2016, that a class action lawsuit by Vince Capelli remains pending in Canada. The Company said, "A statement of claim (complaint), Vince Capelli v Nobilis Health Corp. et. al, was filed on January 8, 2016 in the Ontario Superior Court of Justice under court file number CV-16- 544173 naming Nobilis Health Corp., certain current and former officers and the Company's former auditors as defendants. The statement of claim seeks to advance claims on behalf of the plaintiff and on behalf of a class comprised of certain of our shareholders related to, among other things, alleged certain violations of the Ontario Securities Act and seeks damages in the amount of C$80 million plus interest. The defendants intend to vigorously defend against these claims. At this early stage, we are not yet able to determine the likelihood of loss, if any, arising from this matter." Nobilis owns and manages nine healthcare facilities. NOR CAL BEVERAGE: Faces "Williams" Class Suit in California ----------------------------------------------------------- A class action lawsuit has been commenced against Nor Cal Beverage Co Inc. The case is captioned David Williams on behalf of himself all others similarly situated and the general public v. Nor Cal Beverage Co Inc., Case No. 34-2016-00195723-CU-OE-GDS (Cal. Super. Ct., June 9, 2016). Nor Cal Beverage Co Inc. provides contract packaging, beverage distribution, and equipment solutions. NOVATION COMPANIES: Case by NJ Carpenters' Health Fund Pending -------------------------------------------------------------- Novation Companies, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on May 13, 2016, for the quarterly period ended March 31, 2016, that the Company continues to defend a case by the New Jersey Carpenters' Health Fund. On May 21, 2008, a purported class action case was filed in the Supreme Court of the State of New York, New York County, by the New Jersey Carpenters' Health Fund, on behalf of itself and all others similarly situated. Defendants in the case included NovaStar Mortgage Funding Corporation ("NMFC"), a wholly-owned subsidiary of the Company, and its individual directors, several securitization trusts sponsored by the Company ("affiliated defendants") and several unaffiliated investment banks and credit rating agencies. The case was removed to the United States District Court for the Southern District of New York. On June 16, 2009, the plaintiff filed an amended complaint. The plaintiff seeks monetary damages, alleging that the defendants violated sections 11, 12 and 15 of the Securities Act of 1933, as amended, by making allegedly false statements regarding mortgage loans that served as collateral for securities purchased by the plaintiff and the purported class members. On August 31, 2009, the Company filed a motion to dismiss the plaintiff's claims, which the court granted on March 31, 2011, with leave to amend. The plaintiff filed a second amended complaint on May 16, 2011, and the Company again filed a motion to dismiss. On March 29, 2012, the court dismissed the plaintiff's second amended complaint with prejudice and without leave to replead. The plaintiff filed an appeal. On March 1, 2013, the appellate court reversed the judgment of the lower court, which had dismissed the case. Also, the appellate court vacated the judgment of the lower court which had held that the plaintiff lacked standing, even as a class representative, to sue on behalf of investors in securities in which plaintiff had not invested, and the appellate court remanded the case back to the lower court for further proceedings. On April 23, 2013 the plaintiff filed its memorandum with the lower court seeking a reconsideration of the earlier dismissal of plaintiff's claims as to five offerings in which plaintiff was not invested, and on February 5, 2015 the lower court granted plaintiff's motion for reconsideration and vacated its earlier dismissal. Given the stage of the litigation, the Company cannot provide an estimate of the range of any loss. The Company believes that the affiliated defendants have meritorious defenses to the case and expects them to defend the case vigorously. O'REILLY AUTOMOTIVE: King Appeals Ruling From E.D. Washington ------------------------------------------------------------- Plaintiff Brent King filed an appeal from a court ruling in the lawsuit styled Brent King v. O'Reilly Automotive, Inc., Case No. 2:15-cv-00230-RMP, in the U.S. District Court for the Eastern District of Washington, Spokane. The appellate case is captioned as Brent King v. O'Reilly Automotive, Inc., Case No. 16-80081, in the United States Court of Appeals for the Ninth Circuit. Plaintiff-Petitioner, Brent King, individually, and on the behalf of all others similarly situated, is represented by: Jeffrey D. Boyd, Esq. Deborah M. Nelson, Esq. NELSON BOYD PLLC 411 University St., Suite 1200 Seattle, WA 98101 Telephone: (206) 971-7601 E-mail: boyd@nelsonboydlaw.com nelson@nelsonboydlaw.com - and - Edwin J. Kilpela, Jr., Esq. CARLSON LYNCH LTD PNC Park 115 Federal Street Pittsburgh, PA 15212 Telephone: (412) 322-9243 Facsimile: (412) 231-0246 E-mail: ekilpela@carlsonlynch.com Defendant-Respondent O'Reilly Automotive, Inc., dba O'Reilly Auto Parts, is represented by: Jeffrey Ryan Galloway, Esq. ETTER, MCMAHON, LAMBERSON, CLARY & ORESKOVICH, P.C. 618 West Riverside Avenue Spokane, WA 99201 Telephone: (509) 747-9100 Facsimile: (509) 623-1439 - and - William C. Martucci, Esq. SHOOK, HARDY & BACON LLP 2555 Grand Blvd. Kansas City, MO 64108 Telephone: (202) 783-8400 Facsimile: (202) 783-4211 E-mail: wmartucci@shb.com OLD DOMINION: Faces "Blanco" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Issac Blanco, on behalf of himself and all others similarly situated, and on behalf of the general public v. Old Dominion Freight Line, Inc., and Does l-100, Case No. RG16819118 (Cal. Super. Ct., June 10, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Old Dominion Freight Line, Inc. is a trucking company doing business in California which is engaged in transportation services for new and used vehicles from manufacturing plants, ports, railhead, and auctions to retail dealerships. 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} 234-4Q48 E-mail: bturley@turleylawfirm.com OMNIPLEX WORLD: "Reynolds" Suit Seeks to Recover Unpaid Overtime ---------------------------------------------------------------- Corey Reynolds, David Blythe, and Tracy Wearing, on behalf of themselves and all others similarly situated v. Omniplex World Services Corp., Case No. 1:16-cv-00676-LO-MSN (E.D. Va., June 16, 2016), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. Omniplex World Services Corp. provides protective security, background investigations, and personnel security services to government agencies The Plaintiff is represented by: Joshua Harry Erlich, Esq. THE ERLICH LAW OFFICE PLLC 2111 Wilson Blvd, Suite 700 Arlington, VA 22201 Telephone: (703) 791-9087 E-mail: jerlich@erlichlawoffice.com PASON SYSTEMS: Class Conditionally Certified in "Ratliff" Suit -------------------------------------------------------------- The Hon. Dena Hanovice Palermo entered an order granting conditional certification in the lawsuit styled DONNY RATLIFF, individually and on behalf of all others similarly situated v. PASON SYSTEMS USA CORP., Case No. 4:15-cv-02376 (S.D. Tex.). The Plaintiff brings the action on behalf of himself and others similarly situated to recover alleged unpaid overtime compensation under the Fair Labor Standards Act. Judge Palermo orders that conditional certification be granted as to all Field Service and Sales Technicians employed by the Defendant nationwide within the past three years. The Court further orders the parties to submit a proposed Notice and proposed Consent forms. A copy of the xxx is available at no charge at http://d.classactionreporternewsletter.com/u?f=FA0jnJFH PIER 1: "Palmer" Suit Removed to Central District California ------------------------------------------------------------ The class action lawsuit captioned Ashlee Palmer, individually, and on behalf of herself and all others similarly situated v. Pier 1 Imports, Inc. and Does 1 through 100, inclusive, Case No. 30- 02016-00846641, was removed to the U.S. District Court for the Central District of California (Southern Division - Santa Ana). The District Court Clerk assigned Case No. 8:16-cv-01120 to the proceeding. Pier 1 Imports, Inc. is a Fort Worth, Texas-based retailer specializing in imported home furnishings and decor, particularly furniture, table-top items, decorative accessories, and seasonal decor. Ashlee Palmer is a pro se plaintiff. PLAIN GREEN: Think Finance Appeals From Ruling in "Gingras" Suit ---------------------------------------------------------------- Defendant Kenneth E. Rees, former President and Chief Executive Officer and Chairman of the Board of Think Finance, filed an appeal from a court ruling in the lawsuit entitled Gingras, et al. v. Rosette, et al., Case No. 15-cv-101, in the U.S. District Court for the District of Vermont (Rutland). The Plaintiffs alleged in their lawsuit that Plain Green LLC is exploiting and extorting its borrowers through predatory lending in violation of federal trade and consumer laws. Plain Green charges annual interest rates of up to 379 percent for its loans, which are typically used by low-income borrowers in need of emergency cash, the complaint said. The Company is owned by Montana's Chippewa Cree Tribe, which uses the tribal- sovereignty doctrine to ignore states' laws that cap interest rates on payday loans. Defendants Joel Rosette, in his official capacity as Chief Executive Officer of Plain Green LLC; Ted Whitford, official capacity as a member of Plain Green's Board of Directors; and Tim McInerney have also filed an appeal. The other Defendants are Think Finance, Inc., TC Loan Service, LLC, TC Decision Sciences, LLC, Tailwind Marketing, LLC, Sequoia Capital Operations, LLC, Technology Crossover Ventures, Ted Whitford, official capacity as a member of Plain Green's Board of Directors and Tim McInerney. The appellate case is captioned as Gingras v. Rosette, Case No. 16-2132, in the United States Court of Appeals for the Second Circuit. Plaintiffs-Appellees Jessica Gingras and Angela C. Given are represented by: Matthew B. Byrne, Esq. GRAVEL AND SHEA PC 76 Saint Paul Street P.O. Box 369 Burlington, VT 05402 Telephone: (802) 658-0220 Facsimile: (802) 658-1456 E-mail: mbyrne@gravelshea.com Defendant- Appellant Kenneth E. Rees is represented by: Stephen D. Ellis, Esq. ELLIS, BOXER & BLAKE, PLLC 24 Summer Hill Street, P.O. Box 948 Springfield, VT 05156 Telephone: (802) 885-2141 POLICYGO LLC: Faces "Payton" Suit in Cal. Over Automated Calls -------------------------------------------------------------- Jonathan Payton, individually and on behalf of all others similarly situated v. Policygo LLC, Insuresquare LLC, Quotewhiz LLC, Adam Weinstein, and Does 1-100, inclusive and each of them, Case No. 2:16-cv-04116-FMO-MRW (C.D. Cal., June 9, 2016), seeks to stop the Defendants' practice of using an artificial and prerecorded voice to deliver a message without prior express consent of the called party. The Defendants own and operate an insurance company in California. The Plaintiff is represented by: Adrian Robert Bacon, Esq. Todd M. Friedman, Esq. Meghan Elisabeth George, 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@toddflaw.com tfriedman@toddflaw.com mgeorge@toddflaw.com PRECISE MANAGEMENT: Faces "McLean" Suit Over Failure to Pay OT -------------------------------------------------------------- Tasheen McLean, Damien Lynch and John Godoy on behalf of themselves and all others similarly situated v. Cheryl Ighodaro, Angela Hall, and Precise Management, Inc., Case No. 1:16-cv-04380 (S.D.N.Y., June 10, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants operate a real estate management company which manages the operations of more than one-hundred residential rental buildings in New York City. The Plaintiff is represented by: Christopher Marlborough, Esq. THE MARLBOROUGH LAW FIRM, P.C 445 Broad Hollow Road, Suite 400 Melville, NY 11747 Telephone: (212) 991-8960 E-mail: chris@marlboroughlawfirm.com - and - Adam P. Slater, Esq. SLATER SLATER SCHULMAN, LLP 909 Third Avenue, 28th Floor New York, NY 10022 Telephone: (212) 922-0906 E-mail: aslater@sssfirm.com PRESTIGE CRUISE: Freixa Appeals Florida District Court Ruling ------------------------------------------------------------- Plaintiff Sean Freixa filed an appeal from a court ruling in his lawsuit titled Sean Freixa v. Prestige Cruise Services, LLC, et al., Case No. 1:15-cv-22732-MGC, in the U.S. District Court for the Southern District of Florida. As previously reported in the Class Action Reporter on August 6, 2015, Mr. Freixa, on behalf of himself and others similarly situated, accused Prestige Cruise Services LLC, Prestige Cruise Holdings, Inc., Prestige Cruises International, Inc., and XYZ Entities 1-10, for alleged failure to pay overtime wages in violation of the Fair Labor Standard Act. The appellate case is captioned as Sean Freixa v. Prestige Cruise Services, LLC, et al., Case No. 16-13745, in the United States Court of Appeals for the Eleventh Circuit. The Plaintiff-Appellant is represented by: Robert S. Norell, Esq. ROBERT S. NORELL, PA 7350 NW 5th St. Plantation, FL 33317-1605 Telephone: (954) 617-6017 - and - Keith Michael Stern, Esq. LAW OFFICE OF KEITH M. STERN, P.A. 2300 Glades Road Suite 360W Boca Raton, FL 33431 Telephone: (888) 505-9941 Facsimile: (561) 807-0020 E-mail: employlaw@keithstern.com Defendants-Appellees Prestige Cruise Services, LLC, Prestige Cruise Holdings, Inc., and Prestige Cruises International, Inc., are represented by: Angelica Leigh Boutwell, Esq. Mark J. Neuberger, Esq. Larry Scott Perlman, Esq. FOLEY & LARDNER, LLP 2 S Biscayne Blvd., Suite 1900 Miami, FL 33131 Telephone: (305) 482-8400 E-mail: aboutwell@foley.com lperlman@foley.com mneuberger@foley.com PROGRESS PLACE: Faces "Yi" Class Suit in District of Maryland ------------------------------------------------------------- A class action lawsuit has been commenced against Progress place and Montgomery County. The case is captioned Chong Su Yi and people of similarly situated v. Progress Place and Montgomery County, Case No. 8:16-cv-02145- DKC (D. Md., June 16, 2016). Progress place operates a mental health clinic in Maryland. Chong Su Yi is a pro se plaintiff. RGIS LLC: Fails to Pay Employees Overtime, "Smith" Suit Claims -------------------------------------------------------------- Jonna Angel Smith, individually and on behalf of all others similarly situated v. RGIS, LLC, Case No. 2:16-cv-00841-LPL (W.D. Penn., June 16, 2016), is brought against the Defendants for failure to pay overtime wages for hours worked above 40 in a workweek. RGIS, LLC offers a wide array of inventory services including: annual, physical, asset and cycle count inventories, supply chain, compliance audits, store mapping, merchandising, resets and store optimization. The Plaintiff is represented by: D. Aaron Rihn, Esq. ROBERT PEIRCE & ASSOCIATES, P.C. 707 Grant Street Suite 2500 Pittsburgh, PA 15219-1918 Telephone: (412) 281-7229 E-mail: arihn@peircelaw.com - and - Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H Street NE Suite 302 Washington, DC 20002 Telephone: (202) 470-3520 E-mail: nmigliaccio@classlawdc.com jrathod@wbmllp.com ROOSEN VARCHETTI: Anda Seeks Certification of Four Classes ---------------------------------------------------------- The Plaintiffs in the lawsuit entitled PETER ANDA, et al. v. ROOSEN, VARCHETTI & OLIVIER, PLLC, et al., Case No. 1:14-cv-00295- RJJ (W.D. Mich.), submit their renewed motion for class certification. The Plaintiffs' first amended complaint has alleged violations of the federal Fair Debt Collection Practices Act. The Plaintiffs' claims are based on the core theory that the Defendants routinely violated Michigan garnishment law by claiming garnishment costs as due before they established their right to do so as prevailing parties on the garnishments themselves, contrary to Michigan Court Rule 3.101(R)(2). The Plaintiffs propose four classes: A "General Class" comprised of all judgment debtors who were subject to a Michigan garnishment that: (1) was signed by Roosen, Varchetti & Olivier, PLLC; (2) was filed during the class period; and (3) had included in the amount of the unsatisfied judgment then due (a) the costs of that garnishment, or (b) the costs of a prior garnishment before Roosen, Varchetti & Olivier, PLLC had received either (i) a disclosure for the prior garnishment indicating the garnishee owed money to, held property of, or employed the judgment debtor, or (ii) actual payment on the prior garnishment from the garnishee. A "Web Equity Holdings, LLC Subclass" comprised of all judgment debtors who were subject to a Michigan garnishment that: (1) was signed by Roosen, Varchetti & Olivier, PLLC to collect a judgment payable to Web Equity Holdings, LLC, (2) was filed during the class period; and (3) had included in the amount of the unsatisfied judgment then due (a) the costs of that garnishment, or (b) the costs of a prior garnishment before Roosen, Varchetti & Olivier, PLLC had received either (i) a disclosure for the prior garnishment indicating the garnishee owed money to, held property of, or employed the judgment debtor, or (ii) actual payment on the prior garnishment from the garnishee. A "Cavalry SPV I, LLC Subclass" comprised of all judgment debtors who were subject to a Michigan garnishment that: (1) was signed by Roosen, Varchetti & Olivier, PLLC to collect a judgment payable to Cavalry SPV I, LLC, (2) was filed during the class period; and (3) had included in the amount of the unsatisfied judgment then due (a) the costs of that garnishment, or (b) the costs of a prior garnishment before Roosen, Varchetti & Olivier, PLLC had received either (i) a disclosure for the prior garnishment indicating the garnishee owed money to, held property of, or employed the judgment debtor, or (ii) actual payment on the prior garnishment from the garnishee. A "Main Street Acquisition Corp. Subclass" comprised of all judgment debtors who were subject to a Michigan garnishment that: (1) was signed by Roosen, Varchetti & Olivier, PLLC to collect a judgment payable to Main Street Acquisition Corp., (2) was filed during the class period; and (3) had included in the amount of the unsatisfied judgment then due (a) the costs of that garnishment, or (b) the costs of a prior garnishment before Roosen, Varchetti & Olivier, PLLC had received either (i) a disclosure for the prior garnishment indicating the garnishee owed money to, held property of, or employed the judgment debtor, or (ii) actual payment on the prior garnishment from the garnishee. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=TwV6viIF The Plaintiffs are represented by: Phillip C. Rogers, Esq. 40 Pearl Street, N.W., Suite 336 Grand Rapids, MI 49503-3026 Telephone: (616) 776-1176 E-mail: ConsumerLawyer@aol.com - and - Michael O. Nelson, Esq. NELSON LAW GROUP LLC 1104 Fuller N.E. Grand Rapids, MI 49503 Telephone: (616) 559-2665 E-mail: mike@mnelsonlaw.com SACRAMENTO, CA: Sued Over Failure to Pay Employees Overtime ----------------------------------------------------------- Michael Feyh, on behalf of himself and all similarly situated individuals v. City of Sacramento, Case No. 2:16-cv-01274-TLN-EFB (E.D. Cal., June 10, 2016), arises from the Defendant's failure to include all statutorily required forms of compensation in the "regular rate" used to calculate the Plaintiffs' overtime compensation. City of Sacramento is a political subdivision of the State of California. The Plaintiff is represented by: David E. Mastagni, Esq. Isaac S. Stevens, Esq. Ace T. Tate, Esq. MASTAGNI HOLSTEDT A Professional Corporation 1912 "I" Street Sacramento, CA 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 E-mail: dmastagni@mastagni.com istevens@mastagni.com atate@mastagni.com SALOMON WHITNEY: Faces "Barnes" Suit in East. District New York --------------------------------------------------------------- A class action lawsuit has been commenced against Salomon Whitney LLC. The case is captioned Brian Barnes, individually and on behalf of all others similarly situated v. Salomon Whitney LLC, Case No. 2:16-cv-03145-SJF-SIL (E.D.N.Y., June 16, 2016). Salomon Whitney LLC operates a marketing and advertising company located in 400 Broad Hollow Rd, Farmingdale, New York, United States. The Plaintiff is represented by: Stefan Louis Coleman, Esq. LAW OFFICES OF STEFAN COLEMAN, P.A. 1309 Jericho Turnpike, 2nd Floor New Hyde Park, NY 11040 Telephone: (877) 333-9427 Facsimile: (888) 498-8946 E-mail: law@stefancoleman.com SAM'S LIMOUSINE: Faces "Griffin" Suit Over Failure to Pay OT ------------------------------------------------------------ Quintina Griffin, individually and on behalf of all other persons similarly situated v. Sam's Limousine and Transportation, Inc., Karen Zuri and Omar Ghandour, Case No. 4:16-cv-01652 (S.D. Tex., June 10, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants are engaged in the business of offering chauffeured services and charter bus services to the public. The Plaintiff is represented by: Robert Collier, Esq. COLLIER HUDSON PLLC 12 Greenway Plaza, Suite 1100 Houston, TX, 77046 Telephone: (713) 446-2923 Facsimile: (832) 426-5798 SAN DIEGO HOSPICE: Appeal Filed in "Ross" Discrimination Suit ------------------------------------------------------------- Leilani Ross filed an appeal from a court ruling entered in the lawsuit styled Leilani Ross v. San Diego Hospice & Palliative, et al., Case No. 3:14-cv-02236-JAH-JMA, in the U.S. District Court for the Southern District of California, San Diego. In September 2014, the Plaintiff filed a first amended complaint to add an additional cause of action. The FAC contains eight causes of action: (1) violation of Title VII of the Civil Rights Act of 1964; (2) violation of the Civil Rights Act of 1866; (3) discrimination on the basis of race, ancestry, national origin in violation of Fair Employment and Housing Act; (4) harassment on the basis of race, ancestry, national origin in violation of FEHA; (5) retaliation for complaining of discrimination; (6) failure to prevent discrimination and harassment in violation of FEHA; (7) wrongful termination in violation of public policy; and (8) violation of California Business and Profession Code. The appellate case is captioned as Leilani Ross v. San Diego Hospice & Palliative, et al., Case No. 16-55873, in the United States Court of Appeals for the Ninth Circuit. The Plaintiff-Appellant is represented by: Blake J. Lindemann, Esq. LINDEMANN LAW FIRM, APC 433 N. Camden Drive, 4th Floor Beverly Hills, CA 90210 Telephone: (310) 279-5269 Facsimile: (310) 300-0267 E-mail: Blake@lawbl.com Defendants-Appellees San Diego Hospice & Palliative Care Corporation, San Diego Hospice Foundation, and Richard M. Kipperman, solely in his capacity as liquidating trustee of the Liquidating Trust of San Diego Hospice & Palliative Care, are represented by: Margaret Chandler Bell, Esq. Shauna Lee Michelle Sinnott, Esq. ANDREWS, LEGASSE, BRANCH & BELL LLP 4365 Executive Drive, Suite 950 San Diego, CA 92121 Telephone: (858) 345-5080 Facsimile: (858) 345-5025 Email: mbell@albblaw.com ssinnott@albblaw.com SANOFI: Court Won't Vacate Judgment in Securities Suit ------------------------------------------------------ In the case captioned IN RE SANOFI SECURITIES LITIGATION, No. 14- cv-9624(PKC) (S.D.N.Y.), Judge P. Kevin Castel denied the plaintiffs' motion for reconsideration, relief from judgment, and leave to file an amended complaint. In a Memorandum and Order dated January 6, 2016, the court dismissed the plaintiffs' putative class action against Sanofi and its former Chief Executive Officer Christopher Viehbacher for failure to state a claim. The plaintiffs then moved to alter or amend the judgment pursuant to Rule 59(e), Fed. R. Civ. P., for relief from judgment pursuant to Rule 60(b), Fed. R. Civ. P., and, for leave to file a Second Consolidated Amended Complaint (SCAC) pursuant to Rule 15, Fed. R. Civ. P. The plaintiffs' argument centered on an affidavit filed by Diane Ponte, a former paralegal at Sanofi, in an action in New Jersey state court. According to the plaintiffs, the "newly discovered evidence" contained in Ponte's affidavit supports allowing them to further amend their Consolidated Amended Complaint to state a claim for securities fraud. After reviewing Ponte's affidavit as well as the proposed SCAC, Judge Castel concluded that the plaintiffs have not met the standard required to vacate judgment and re-open the case because the proposed SCAC would be subject to immediate dismissal for failure to state a claim for relief. A full-text copy of Judge Castel's June 24, 2016 memorandum and order is available at https://is.gd/leyxIi from Leagle.com. Meitav DS Provident Funds and Pension Ltd., Lead Plaintiff, represented by Jeremy Alan Lieberman -- jalieberman@pomlaw.com -- Pomerantz LLP, Louis Carey Ludwig -- lcludwig@pomlaw.com -- Pomerantz Grossman Hufford Dahlstrom & Gross LLP & Joshua B. Silverman -- jbsilverman@pomlaw.com -- Pomerantz Grossman Hufford Dahlstrom & Gross. Joel Mofsenson, Plaintiff, represented by Francis Paul McConville, Pomerantz LLP, Jeremy Alan Lieberman, Pomerantz LLP, Patrick Vincent Dahlstrom -- pdahlstrom@pomlaw.com -- Pomerantz LLP, Joshua B. Silverman, Pomerantz Grossman Hufford Dahlstrom & Gross & Louis Carey Ludwig, Pomerantz Grossman Hufford Dahlstrom & Gross LLP. Ellen de Brabander, Consolidated Plaintiff, represented by Adam M. Apton -- aapton@zlk.com -- Levi & Korsinsky LLP, Christopher James Kupka -- ckupka@zlk.com -- Levi & Korsinsky, LLP & Joseph Eli Levi -- jlevi@zlk.com -- Levi & Korsinsky, LLP. Sanofi, Christopher A. Viehbacher, Jerome Contamine, Defendants, Serge Weinberg, Laurent Attal, UWE Bicker, Robert Castaigne, Theirry Desmarest, Lord Douro, Jean-Rene Fourtou, Claudi Haignere, Igor Landau, Suet-Fern Lee, Christian Mulliez, Klaus Pohle, Gerard Van Kemmel, Gregory Irace, Consolidated Defendants, represented by John A. Neuwirth -- john.neuwirth@weil.com -- Weil, Gotshal & Manges LLP, Joshua Sanders Amsel -- joshua.amsel@weil.com -- Weil, Gotshal & Manges LLP & Stefania Di Trolio Venezia -- stefania.venezia@weil.com -- Weil, Gotshal & Manges LLP. SATIN DOLLS: "Durso" Suit in N.J. Seeks to Recover Unpaid Wages --------------------------------------------------------------- Patricia Durso, individually and on behalf of all other persons similarly situated v. Satin Dolls, Inc., 100-14 Route 17 SOUTH Enterprises Inc., The Harem, Anthony Cardinalle, Case No. 2:16-cv- 03385-CCC-M (D.N.J., June 10, 2016), seeks to recover unpaid wages, illegally retained tips, illegal deductions from wages, and other violations and penalties pursuant to the Fair Labor Standards Act. The Defendants operate adult entertainment establishments in New Jersey. The Plaintiff is represented by: Lloyd Ambinder, Esq. Martin Fojas, Esq. VIRGINIA & AMBINDER, LLP 40 Broad St., 7th Floor New York, NY 10004 Telephone: (212) 943-9080 Facsimile: (212) 943-9082 E-mail: lambinder@vandallp.com mfojas@vandallp.com - and - Jeffrey K. Brown, Esq. LEEDS BROWN LAW, P.C. 1 Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 Facsimile: (516) 747-5024 SEADOG BREWPUB: Brown Seeks to Certify Servers & Bartenders Class ----------------------------------------------------------------- Ian Brown moves the Court for an order certifying the collective action entitled IAN BROWN, on his own behalf and on behalf of others similarly situated v. SEADOG BREWPUB BV, LLC, a Florida limited liability company, and FRED HAYMAN, an individual, Case No. 6:16-cv-00898-PGB-GJK (M.D. Fla.), and authorizing notice to all class members pursuant to the Fair Labor Standards Act of 1938. Mr. Brown seeks conditional collective-action certification of this class of similarly situated persons: All persons who worked for Defendants as servers and bartenders at their restaurant SeaDog Brewing Company during the three (3) years preceding this lawsuit and who, as a result of Defendants' policy of requiring servers and bartenders to share their tips with employees who do not customarily and regularly receive tips, earned less than the applicable minimum regular and overtime wage for one or more weeks during the Relevant Time Period. Mr. Brown also asks the Court to direct the Defendants to produce to his counsel within 20 days a list containing the names and last known addresses of putative class members, who worked for the Defendants during the last three years. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=dQOGK7TT The Plaintiff is represented by: Robert W. Brock II, Esq. LAW OFFICE OF LOWELL J. KUVIN 17 East Flagler Street, Suite 223 Miami, FL 33131 Telephone: (305) 358-6800 Facsimile: (305) 358-6808 E-mail: robert@kuvinlaw.com The Defendants are represented by: Martha Gaythwaite, Esq. VERRILL DANA, LLP One Portland Square PO Box 586 Portland ME 04112-0586 Telephone: (207) 774-4000 Facsimile: (207) 774-7499 E-mail: mgaythwaite@verrilldana.com SEARS HOME: Certification of Class Sought in "Coleman" Suit ----------------------------------------------------------- Anthony and Eva Coleman individually and on behalf of others similarly situated ask the Court to confirm class certification in the lawsuit entitled ANTHONY COLEMAN AND AVA COLEMAN v. SEARS HOME IMPROVEMENT PRODUCTS, INC., Case No. 2:16-cv-02537-NJB-MBN (E.D. La.). The Plaintiffs ask that the Court certify this class: "All homeowners who live in a wind zone with a minimum wind uplift resistance of over 60 MPH or greater who were sold Owens-Corning Supreme 3-tab shingle roofs by Sears Home Improvement Products, Inc. between January 1, 2006 and today." The Plaintiffs tell the Court that they have also filed a motion to extend the deadline for plaintiffs to file a motion to certify the class because the Defendant has not provided adequate or complete Rule 26 disclosures, has not responded to a pending subpoena and has not responded to pending discovery and because the information that it has not provided is relevant to the Motion to Certify. The Plaintiffs also want to be appointed as Class Representatives and their counsel as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=B9Kjwtxa The Plaintiffs are represented by: Caleb H. Didriksen, III, Esq. Erin Bruce Saucier, Esq. Carl A. Woods, III, Esq. Jeremy J. Pichon, Esq. Michael Finkelstein, Esq. DIDRIKSEN, SAUCIER, WOODS & PICHON, PLC 3114 Canal Street New Orleans, LA 70119 Telephone: (504) 586-1600 E-mail: caleb@dswplaw.com erin@dswplaw.com trey@dswplaw.com jeremy@dswplaw.com michael@dswplaw.com SEECO INC: Thomas Files Appeal From Ruling in "Smith" Class Suit ---------------------------------------------------------------- Intervenor Plaintiff Jeannie Vanette Hill Thomas filed an appeal from a court ruling in the lawsuit styled Connie Smith v. SEECO, Inc., et al., Case No. 4:14-cv-00435-BSM, in the U.S. District Court for the Eastern District of Arkansas - Little Rock. As reported in the Class Action Reporter, the complaint alleges claims for breach of contract. The appellate case is captioned as Connie Smith v. SEECO, Inc., et al., Case No. 16-2798, in the United States Court of Appeals for the Eighth Circuit. Plaintiff-Appellee Connie Jean Smith is represented by: Ben H. Caruth, Esq. GORDON, CARUTH & VIRDEN, PLC Post Office Box 558 Morrilton, AR 72110-0558 Telephone: (501) 354-0125 E-mail: bcaruth@gcvlaw.com - and - Edward Allen Gordon, Esq. GORDON & CARUTH 105 S. Moose Street P.O. Box 558 Morrilton, AR 72110-0558 Telephone: (501) 354-0125 E-mail: agordon@gcvlaw.com - and - Brian L. Cramer, Esq. MATTINGLY & ROSELIUS 13182 N. MacArthur Boulevard Oklahoma, OK 73142 Telephone: (405) 603-222 E-mail: brian@mroklaw.com - and - Erik P. Danielson, Esq. DANIELSON LAW FIRM, PLLC Post Office Box 1150 Booneville, AR 72927 Telephone: (479) 935-8060 E-mail: erik.danielson@danielsonlawfirm.com - and - Sean M. Handler, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 E-mail: shandler@ktmc.com - and - Tanner W. Hicks, Esq. Jack A. Mattingly, Jr., Esq. MATTINGLY & ROSELIUS 13182 N. MacArthur Boulevard Oklahoma, OK 73142 Telephone: (405) 603-222 E-mail: tanner@mroklaw.com jackjr@mroklaw.com - and - Brad E. Seidel, Esq. SEIDEL LAW FIRM, PC 6 Hedge Lane Austin, TX 78746 Telephone: (512) 537-0903 Intervenor Plaintiff-Appellant Jeannie Vanette Hill Thomas is represented by: B. Michael Easley, Esq. EASLEY & HOUSEAL PLLC 510 E. Cross Street P.O. Box 1115 Forrest City, AR 72336-1115 Telephone: (870) 633-1447 - and - Timothy Holton, Esq. DEAL & COOPER 296 Washington Avenue Memphis, TN 38103 Telephone: (901) 523-2222 E-mail: tholton@holtonlaw.com - and - Elliott Dion Wilson, Esq. WILSON & VALLEY 423 Rightor Street Helena, AR 72342-0000 Telephone: (870) 338-6487 Defendant-Appellee SEECO, Inc., Now known as SWN Production (Arkansas), LLC, is represented by: Jess Askew, III, Esq. Frederick H. Davis, Esq. Andrew King, Esq. KUTAK & ROCK 124 W. Capitol Avenue, Suite 2000 Little Rock, AR 72201 Telephone: (501) 975-3000 E-mail: Askew@KutakRock.com Frederick.Davis@KutakRock.com Andrew.King@KutakRock.com - and - Matthew K. Hansen, Esq. Michael Vance Powell, Esq. LOCKE & LORD 2200 Ross Avenue, Suite 2800 Dallas, TX 75201-6776 Telephone: (214) 740-8496 E-mail: mkhansen@lockelord.com mpowell@lockelord.com Defendants-Appellees Desoto Gathering Company, LLC, Southwestern Energy Services Company and Southwestern Energy Company are represented by: Thomas A. Daily, Esq. DAILY & WOODS 623 Garrison Avenue P.O. Box 1446 Fort Smith, AR 72902-1446 Telephone: (479) 782-0361 E-mail: tdaily@dailywoods.com - and - Robert K. Ellis, Esq. R. Paul Yetter, Esq. YETTER & COLEMAN LLP 909 Fannin Houston, TX 77010 Telephone: (713) 632-8000 E-mail: rellis@yettercoleman.com pyetter@yettercoleman.com - and - Marc S. Tabolsky, Esq. SCHIFFER & ODOM 700 Louisiana Houston, TX 77002 Telephone: (713) 357-5150 SUNRUN INC: Faces "Steinberg" Suit Over Misleading Fin'l Reports ---------------------------------------------------------------- Chaile Steinberg, individually and on behalf of all others similarly situated v. Sunrun Inc., Lynn Jurich, Bob Komin, Edward Fenster, Jameson McJunkin, Gerald Risk, Steve Vassallo, and Richard Wong, Case No. CIV539064 (Cal. Super. Ct., June 10, 2016), 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. Sunrun Inc. describes itself on its website as "the largest dedicated residential solar company in the United States." The Plaintiff is represented by: Mark C. Molumphy, Esq. Alexandra P. Summer, Esq. COTCHETT, PITRE & MCCARTHY LLP 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 E-mail: mmolumphy@cpmlegal.com asummer@cpmlegal.com - and - Seth D. Rigrodsky, Esq. Timothy J. MacFall, Esq. RIGRODSKY & LONG, P.A. 825 East Gate Boulevard, Suite 300 Garden City, NY 11530 Telephone: (516) 683-3516 Facsimile: (302) 654- 7530 E-mail: sdr@rigrodskylong.com tjm@rigrodskylong.com SUPER GOURMET: Fails to Pay Employees Overtime, "Perez" Suit Says ----------------------------------------------------------------- Victor Franco Perez, Jesus Castellanos Mendez, Abelardo Laureano Mendez, Apolinar Vaquero, and Jose Luis Rodriguez Flores, individually and on behalf of others similarly situated v. Super Gourmet Food Corp. d/b/a Thunder Jackson's, Philip Ventura, Anthony Morabito, and Kevin Farraher, Case No. 1:16-cv-04375-AKH (S.D.N.Y., June 10, 2016), is brought against the Defendants for for failure to pay overtime wages for work in excess of 40 hours per week. The Defendants own and operate a bar/restaurant located at 169 Bleecker Street, New York, New York 10012. The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com TAMPA HUB: "Jackson" Suit Seeks to Recover Unpaid Wages & Damages ----------------------------------------------------------------- Ashleigh Jackson, on behalf of herself and those similarly situated v. Tampa Hub Corporation d/b/a Crab Shack, and Michele Brave, Case No. 8:16-cv-01595-EAK-MAP (M.D. Fla., June 16, 2016), seeks to recover unpaid minimum wages, an additional equal amount as liquidated damages, and to obtain declaratory relief, and reasonable attorney's fees and costs and relief pursuant to the Fair Labor Standards Act. The Defendants own and operate a Crab Shack Restaurant, located at 11400 Gandy Blvd., St. Petersburg, Florida. The Plaintiff is represented by: Marc R. Edelman, Esq. MORGAN & MORGAN, P.A. 201 N. Franklin Street, #700 Tampa, FL 33602 Telephone: (813) 223-5505 Facsimile: (813) 257-0572 E-mail: Medelman@forthepeople.com TALMER BANCORP: Sued in Mich. Over Misleading Financial Reports --------------------------------------------------------------- City of Livonia Employees' Retirement System, individually and on behalf of all others similarly situated v. Talmer Bancorp, Inc., Chemical Financial Corporation, Gary Torgow, David T. Provost, Gary S. Collins, Max A. Berlin, Jennifer M. Granholm, Paul E. Hodges III, Ronald A. Klein, Barbara J. Mahone, Robert H. Naftaly, Albert W. Papa, Thomas L. Schellenberg and Arthur A. Weiss, Case No. 1:16-cv-12229-TLL-PTM (E.D. Mich., June 16, 2016), 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. Talmer Bancorp, Inc. operates through branches and lending offices in Michigan, Ohio, Illinois, Indiana and Nevada, and offers a full suite of commercial and retail banking, mortgage banking, wealth management and trust services to small and medium-sized businesses and individuals. The Plaintiff is represented by: David J. Shea, Esq. SHEA AIELLO, PLLC 26100 American Drive 2nd Floor Southfield, MI 48034 Telephone: (248) 354-0224 Facsimile: (248) 354-0440 E-mail: david.shea@sadplaw.com - and - David T. Wissbroecker, Esq. Edward M. Gergosian, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: DWissbroecker@rgrdlaw.com EGergosian@rgrdlaw.com - and - Thomas C. Michaud, Esq. VANOVERBEKE MICHAUD & TIMMONY, P.C. 79 Alfred Street Detroit, MI 48201 Telephone: (313) 578-1200 Facsimile: (313) 578-1201 E-mail: tmichaud@vmtlaw.com TIME WARNER: Gubala Appeals From E.D. Wisconsin Order to 7th Cir. ----------------------------------------------------------------- Derek Gubala filed an appeal from a court ruling entered in his lawsuit titled Derek Gubala v. Time Warner Cable, Inc., Case No. 2:15-cv-01078-PP, in the U.S. District Court for the Eastern District of Wisconsin. As previously reported in the Class Action Reporter on June 30, 2016, the District Court dismissed the Case, which accused Time Warner Cable of keeping subscribers' personal information after they ended their cable service. Mr. Gubala, formerly of Oak Creek, claimed that Time Warner Cable kept personal identifiable information such as names and addresses, birth dates, Social Security numbers and credit card accounts of former customers, in violation of the Cable Communications Policy Act. He accused Time Warner Cable of putting former customers at risk of identity theft and other dangers. On June 17, U.S. District Judge Pamela Pepper dismissed the case, citing the U.S. Supreme Court's recent ruling in a case involving a Virginia man, who sued the internet search firm Spokeo for posting false information about people. The appellate case is captioned as Derek Gubala v. Time Warner Cable, Inc., Case No. 16-2613, in the U.S. Court of Appeals for the Seventh Circuit. Plaintiff-Appellant Derek Gubala is represented by: Joseph Siprut, Esq. SIPRUT PC 17 N. State Street Chicago, IL 60602 Telephone: (312) 236-0000 E-mail: jsiprut@siprut.com Defendant-Appellee Time Warner Cable is represented by: Bryan A. Merryman, Esq. WHITE & CASE, LLP 555 S. Flower Street Los Angeles, CA 90071 Telephone: (213) 620-7700 E-mail: bmerryman@whitecase.com TIMOTHY BAXTER: Class Certification Bid Filed in "Pryor" Suit ------------------------------------------------------------- The Plaintiffs in the lawsuit captioned DANIEL PRYOR et al., v. LAW OFFICES OF TIMOTHY E. BAXTER & ASSOCIATES, P.C. et al., Case No. 1:13-cv-01330-RJJ (W.D. Mich.), filed their renewed motion for class certification. In their corrected first amended complaint, the Plaintiffs have alleged violations of the federal Fair Debt Collection Practices Act. The Case is a putative class action, based on the core theory that the Defendants routinely violated Michigan garnishment law by claiming garnishment costs as due before they established their right to do so as prevailing parties on the garnishments themselves, contrary to Michigan Court Rule 3.101(R)(2). The Plaintiffs propose two classes: A "General Class" comprised of all judgment debtors who were subject to a Michigan garnishment that: (1) was signed by Law Offices of Timothy E. Baxter & Associates, P.C.; (2) was filed during the class period; and (3) had included in the amount of the unsatisfied judgment then due (a) the costs of that garnishment, or (b) the costs of a prior garnishment before Law Offices of Timothy E. Baxter & Associates, P.C. had received either (i) a disclosure for the prior garnishment indicating the garnishee owed money to, held property of, or employed the judgment debtor, or (ii) actual payment on the prior garnishment from the garnishee. A "Midland Subclass" comprised of all judgment debtors who were subject to a Michigan garnishment that: (1) was signed by Law Offices of Timothy E. Baxter & Associates, P.C. to collect a judgment payable to Midland Funding LLC, (2) was filed during the class period; and (3) had included in the amount of the unsatisfied judgment then due (a) the costs of that garnishment, or (b) the costs of a prior garnishment before Law Offices of Timothy E. Baxter & Associates, P.C. had received either (i) a disclosure for the prior garnishment indicating the garnishee owed money to, held property of, or employed the judgment debtor, or (ii) actual payment on the prior garnishment from the garnishee. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=IYA2wz0M The Plaintiffs are represented by: Phillip C. Rogers, Esq. 40 Pearl Street, N.W., Suite 336 Grand Rapids, MI 49503-3026 Telephone: (616) 776-1176 E-mail: ConsumerLawyer@aol.com - and - Michael O. Nelson, Esq. NELSON LAW GROUP LLC 1104 Fuller N.E. Grand Rapids, MI 49503 Telephone: (616) 559-2665 E-mail: mike@mnelsonlaw.com TOSHIBA AMERICA: Bid to Certify Class in Pierce-Nunes Suit Denied ----------------------------------------------------------------- The Hon. Dolly M. Gee denied Plaintiff Aurelio Diaz's motion for class certification in the lawsuit styled Stacey Pierce-Nunes, et al. v. Toshiba America Information Systems, Inc., et al., Case No. 2:14-cv-07242-DMG-KS (C.D. Cal.). Judge Gee also denied Mr. Diaz's motion to strike the Defendants' Exhibit 16 as moot -- the Court did not rely upon Exhibit 16 to resolve the Motion. Similarly, the Court denied his request for judicial notice because the Court did not rely on the documents. On July 7, 2015, Plaintiff Aurelio Diaz, on behalf of himself and all others similarly situated, filed the operative Second Amended Complaint alleging violations of the California Unfair Competition Law; California False Advertising Law; California Consumers Legal Remedies Act; and Florida Deceptive and Unfair Trade Practices Act. The SAC alleges that Defendants Toshiba America Information Systems, Inc., Toshiba Corporation, and Toshiba Lifestyle Products & Services Corporation falsely marketed and advertised Toshiba-brand televisions as "LED TVs," "LED HDTVs," or "LED televisions." In his Motion, Mr. Diaz moves to certify this nationwide class: All persons who purchased, for personal use and not resale, within the United States, a Toshiba-brand LED-lit LCD television on or after January 1, 2010 up through any trial of this matter. The proposed class excludes any person or entity related to or affiliated with Toshiba or who purchased such televisions for re-sale (e.g., retailers) and any assigned judicial officer or staff and their immediate families. Among other things, Judge Gee opined that Mr. Diaz has failed to provide any evidence that he relied on the Defendants' advertising and product packaging when he decided to purchase an LED TV. Mr. Diaz testified that he decided to purchase an LED TV prior to arriving at Best Buy based on advertisements, which he had difficulty remembering. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=8Sq8PzpA TRACY, CA: "Knight" Suit Seeks to Recover Unpaid Overtime Wages --------------------------------------------------------------- Ryan Knight, on behalf of himself and all similarly situated individuals v. City of Tracy, Case No. 2:16-cv-01290-WBS-EFB (E.D. Cal., June 10, 2016), seeks to recover unpaid overtime and other compensation, interest thereon, liquidated damages, costs of suit and reasonable attorney fees pursuant to the Fair Labor Standards Act. City of Tracy is a political subdivision of the State of California. The Plaintiff is represented by: David E. Mastagni, Esq. Isaac S. Stevens, Esq. Ace T. Tate, Esq. MASTAGNI HOLSTEDT A Professional Corporation 1912 "I" Street Sacramento, CA 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 E-mail: dmastagni@mastagni.com istevens@mastagni.com atate@mastagni.com TROJAN HORSE: Cert. of Plan Members Class Sought in "Longo" Suit ---------------------------------------------------------------- Plaintiffs Allen F. Hester, Carl W. Swanson, and Steven L. White, individually and on behalf of all others similarly situated, move the Court for an order certifying the action styled GARIBALDI E. LONGO, ALLEN F. HESTER, CARL W. SWANSON, and STEVEN L. WHITE, individually and on behalf all others similarly situated v. TROJAN HORSE LTD.; GLEN BURNIE HAULING INC.; CAPITOL EXPRESSWAYS, INC.; BDH LOGISTICS LLC; BRIAN HICKS; TROJAN HORSE LTD. 401(K) PLAN; and ASCENSUS TRUST COMPANY, Case No. 5:13-cv-418-BO (E.D.N.C.), as a class action, on behalf of "Classes" and "Class Members" defined as: All Participants in the Plan who contributed to the Plan through payroll deduction, from January 1, 2011 to present. The Plaintiffs also ask the Court to appoint them as Class Representatives, and to appointing their counsel as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=i13LGnJq The Plaintiffs are represented by: Stephen A. Dunn, Esq. S. Michael Dunn, Esq. EMANUEL & DUNN Post Office Box 426 Raleigh, NC 27602 Telephone: (919) 832-0329 Facsimile: (919) 832-6731 E-mail: sdunn@emanuelanddunn.com mdunn@emanuelanddunn.com - and - Steven R. Jaffe, Esq. Mark S. Fistos, Esq. FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Telephone: (954) 524-2820 Facsimile: (954) 524-2822 E-mail: steve@pathtojustice.com mark@pathtojustice.com UEBT RETIREE: Wins Final OK of $800K "Barling" Suit Settlement -------------------------------------------------------------- The Hon. Vince Chhabria entered a final order and judgment confirming certification of settlement class, finally approving settlement, approving payment of case contribution award to the Plaintiff, and approving payment of fees and costs to class counsel in the lawsuit captioned HAROLD BARLING, on behalf of himself and all others similarly situated v. UEBT RETIREE HEALTH PLAN, UFCW & EMPLOYERS BENEFIT TRUST FUND, and BOARD OF TRUSTEES OF THE UFCW & EMPLOYERS BENEFIT TRUST, Case No. 3:14-cv-04530 (VC) (N.D. Cal.). The Case will be maintained as a class action for settlement purposes on behalf of this class of plaintiffs: All retired Medicare-eligible participants in the Defendant Plan whose Plan benefits were reduced by deductibles and/or co-insurance payments at any time between October 1, 2010 and February 28, 2013. With respect to this cause of action: Claim for benefits pursuant to Section 502(a)(1)(B) of the Employee Retirement Income Security Act, alleging that the Plan was not permitted to reduce the benefits of Medicare-eligible retirees by application of deductible and coinsurance requirements prior to March 1, 2013. Harold Barling is confirmed as class representative and Renaker Hasselman LLP and Bolt Keenley Kim LLP are confirmed as counsel for the class. Class members may not exclude themselves from the class. The Settlement is approved and class counsel is directed to ensure compliance with its terms, which are summarized as: -- Creation of Settlement Fund. A settlement fund of $800,000 will be established. -- Settlement Administration. Class counsel's selection of the settlement administrator was obtained through a reasonable and diligent bidding process. The proposed costs and fees to be paid to the settlement administrator are reasonable. Accordingly, class counsel is authorized to direct payment of up to $53,646 from the settlement fund to the settlement administrator. -- Allocation of Settlement Fund. The settlement administrator will allocate the settlement fund, with interest and net of costs of settlement administration, among the class members in proportion to each class member's incurred liability for deductibles and co-insurance as stated by the Plan Administrator, except that any class member whose incurred liability is less than $5 will not receive an allocation. -- Settlement Payments. The settlement administrator will mail checks to the class members within 30 days after it receives the settlement fund. -- Uncashed Checks. Settlement checks will expire 90 days after issuance. The value of expired checks will revert to the Plan. The Settlement administrator will call up to 3,500 class members in order of the check amount, from highest to lowest. If the initial round of calls is fewer than 3500 calls, then class counsel may direct additional calls following the reports at 60 days and/or 75 days, up to a total of 3500 calls. -- Released Claims. Upon the effective date of the settlement, Mr. Barling and the class members release any claims against Defendant based on the facts, claims, transactions, and allegations in the complaint and arising before final approval. -- Class Representative Contribution Payment. The Plaintiff and class counsel have requested approval of a $10,000 case contribution payment to Mr. Barling, to be paid by the Defendants separate from the settlement fund. The amount has been transferred by the Defendants to class counsel's client trust account. The amount reflects the substantial time and costs incurred by Mr. Barling to pursue the litigation on behalf of the class. Class counsel is authorized to direct payment of the $10,000 to Mr. Barling; and -- Attorneys' Fees and Costs. The Plaintiff and class counsel seek an award of $175,000 in fees and costs to be paid by Defendants separate from the settlement fund. This is a reasonable amount, both when considered against class counsel's lodestar fees and when considered as a percentage of the total recovery, and it reflects class counsel's substantial commitment of time and resources to the case and is hereby approved. The Defendants are ordered to make payment of $175,000 to class counsel in accordance with the terms of the settlement agreement. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=XWw2guj0 The Plaintiff is represented by: Teresa S. Renaker, Esq. RENAKER HASSELMAN LLP 235 Montgomery St., Suite 944 San Francisco, CA 94104 Telephone: (415) 653-1733 E-mail: teresa@renakerhasselman.com - and - James P. Keenley, Esq. BOLT KEENLEY KIM LLP 1010 Grayson Street, Suite Three Berkeley, CA 94710 Telephone: (510) 225-0696 Facsimile: (510) 225-1095 E-mail: jkeenley@bkkllp.com UNION HOSPITAL: Faces "Geraci" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Sarah J. Geraci, individually and on behalf of others similarly situated v. Union Hospital, Inc., Case No. 2:16-cv-00207-JMS-MJD (S.D. Ind., June 10, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Union Hospital, Inc. is a non-profit, community hospital in Dover Ohio. The Plaintiff is represented by: Robert P. Kondras Jr., Esq. 100 Cherry Street Terre Haute, IN 47807 Telephone: (812) 232-9691 Facsimile: (812) 234-2881 E-mail: kondras@huntlawfirm.net UNITED ONLINE: Faces "Palkon" Suit Over Proposed B. Riley Merger ---------------------------------------------------------------- Dennis Palkon, on behalf of himself and all others similarly situated v. Howard G. Phanstiel, Robert Berglass, James T. Armstrong, Kenneth L. Coleman, Carol A. Scott, Andrew D. Miller, Kenneth D. Denman, B. Riley Financial, Inc., and Unify Merger Sub, Inc., Case No. 2:16-cv-04168-BRO-SS (C.D. Cal., June 10, 2016), is brought on behalf of all public stockholders of United Online, Inc. to enjoin the proposed sale of the Company to B. Riley Financial, Inc., at an unfair price through an unfair process. United Online, Inc. through its operating subsidiaries, provides consumer services and products over the Internet under a number of brands, including NetZero, Juno, MyPoints.com, Inc., StayFriends GmbH, and Trombi Acquisition SARL. B. Riley Financial, Inc. is a Delaware corporation that provides collaborative financial services. The Plaintiff is represented by: Brian J. Robbins, Esq. Stephen J. Oddo, Esq. ROBBINS ARROYO LLP 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 E-mail: brobbins@robbinsarroyo.com soddo@robbinsarroyo.com - and - Richard A. Maniskas, Esq. RYAN & MANISKAS 995 Old Eagle School Road, Suite 311 Wayne, PA 19087 Telephone: (484) 588-5516 Facsimile: (484) 450-2582 E-mail: rmaniskas@rmclasslaw.com UNITED ONLINE: Faces Jeweltex Suit Over Proposed B. Riley Merger ---------------------------------------------------------------- Jeweltex Manufacturing Inc. Retirement Plan, on behalf of itself and all others similarly situated v. United Online, Inc., James T. Armstrong, Robert Berglass, Kenneth L. Coleman, Kenneth Denman, Jeffrey Goldstein, Andrew D. Miller, Howard G. Phanstiel, Carol A. Scott, B. Riley Financial, Inc. and Unify Merger Sub, Inc., Case No. 12449 (Del. Ch. Ct., June 10, 2016), is brought on behalf of all public stockholders of United Online, Inc. to enjoin the proposed sale of the Company to B. Riley Financial, Inc., for an inadequate consideration and without providing material information necessary for United's stockholders to make an informed decision regarding whether or not to tender their shares. United Online, Inc. through its operating subsidiaries, provides consumer services and products over the Internet under a number of brands, including NetZero, Juno, MyPoints.com, Inc., StayFriends GmbH, and Trombi Acquisition SARL. B. Riley Financial, Inc. is a Delaware corporation that provides collaborative financial services. 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, Esq. WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Telephone: (212) 682-3025 E-mail: racocelli@weisslawllp.com mrogovin@weisslawllp.com US DISTRICT COURTS: Appeal Filed From Ruling in "Wulfe" Suit ------------------------------------------------------------ David Wulfe filed an appeal from a court ruling relating to the lawsuit entitled David Wulfe, as individually and on behalf of others similarly situated v. USDC-CALA, Case No. 2:12-cv-05971- MWF-E, in the U.S. District Court for the Central District of California, Los Angeles. The Respondent is the U.S. District Court for the Central District of California, Los Angeles. The appellate case is captioned as David Wulfe v. USDC-CALA, Case No. 16-71977, in the United States Court of Appeals for the Ninth Circuit. Petitioner David Wulfe is represented by: Peter M. Hart, Esq. LAW OFFICES OF PETER M. HART 12121 Wilshire Blvd., Suite 205 Los Angeles, CA 90025 Telephone: (310) 478-5789 E-mail: hartpeter@msn.com - and - Stephanie Emi Yasuda, Esq. Kenneth H. Yoon, Esq. LAW OFFICES OF KENNETH H. YOON One Wilshire Boulevard Los Angeles, CA 90017-3383 Telephone: (213) 612-0988 E-mail: syasuda@yoonlaw.com Real Party in Interests Valero Refining Company - California and Valero Services, Inc., are represented by: Paul Berkowitz, Esq. Thomas Roy Kaufman, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 Avenue of the Stars Los Angeles, CA 90067-6001 Telephone: (310) 228-3700 E-mail: pberkowitz@sheppardmullin.com tkaufman@sheppardmullin.com VITA CORE: Presswood Seeks to Certify Class of Fax Ads' Receivers ----------------------------------------------------------------- The Plaintiff in the lawsuit captioned ALAN PRESSWOOD, D.C., P.C., individually and on behalf of all others similarly-situated v. VITA CORE HEALTH, LLC, TREVOR FARNES and JOHN DOES 1-10, Case No. 4:16-cv-00935-JAR (E.D. Mo.), asks that the Court certify a class, so the common claims of the Class members, based on a uniform legal theory and factual allegations applicable to all Class members, can be resolved on a class-wide basis. The Plaintiff proposes this Class definition: All persons who (1) on or after four years prior to the filing of this action, (2) were sent by or on behalf of Defendants any telephone facsimile transmissions of material making known the commercial existence of, or making qualitative statements regarding any property, goods, or services (3) with respect to whom Defendants cannot provide evidence of prior express permission or invitation for the sending of such faxes, (4) with whom Defendants does not have an established business relationship or (5) which were sent an advertisement by fax which did not display a proper opt out notice. The Plaintiff also asks the Court to appoint it as Class Representative, and its attorneys as Class Counsel. The Plaintiff further asks that the Court allow it additional time, for completion of discovery related to class certification issues, to file an Amended Class Certification Motion and Memorandum of Law. In the alternative if the Court determines that the Motion be dismissed without prejudice as being premature, the Plaintiff asks that the Court issue an order that the Defendant not be allowed to make an offer of judgment or a settlement offer until the Court sets a scheduling order and the Plaintiff is allowed time to conduct discovery and file a future class certification motion pursuant to the Court's scheduling order and that the future class certification motion will relate back to the filing of the original class certification motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=FcUJcjgN The Plaintiff is represented by: Max G. Margulis, Esq. MARGULIS LAW GROUP 28 Old Belle Monte Rd. Chesterfield, MO 63017 Telephone: (636) 536-7022 Facsimile: (636) 536-6652 E-mail: MaxMargulis@MargulisLaw.com - and - Brian J. Wanca, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: bwanca@andersonwanca.com WAL-MART STORES: Certification of Class Sought in "Swank" Suit -------------------------------------------------------------- The Plaintiffs in the lawsuit titled ANDREW SWANK et al., on behalf of all those similarly situated v. WAL-MART STORES, INC., Case No. 2:13-cv-01185-MRH (W.D. Pa.), move for class certification under Rule 23 of the Federal Rules of Civil Procedure and for conditional certification under the Fair Labor Standards Act. Andrew Swank, et al., allege that they were misclassified as exempt from the overtime protections of the Pennsylvania Minimum Wage Act and the FLSA. They seek to certify this class: "All persons employed by Wal-Mart as Assistant Managers within the State of Pennsylvania from August 16, 2010 until the date of the Court's class certification order." The Plaintiffs also ask the Court to appoint Plaintiffs Andrew Swank and Sean McCracken, as class representatives and appoint Goldstein, Borgen, Dardarian & Ho and The Employment Rights Group as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=KoOYumpT The Plaintiffs are represented by: Laura L. Ho, Esq. David A. Borgen, Esq. William C. Jhaveri-Weeks, Esq. Megan E. Ryan, Esq. Katharine L. Fisher, Esq. GOLDSTEIN, BORGEN, DARDARIAN & HO 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Telephone: (510) 763-9800 Facsimile: (510) 835-1417 E-mail: lho@gbdhlegal.com borgendborgen@gbdhlegal.com wjhaveriweeks@gbdhlegal.com mryan@gbdhlegal.com kfisher@gbdhlegal.com - and - Joseph H. Chivers, Esq. THE EMPLOYMENT RIGHTS GROUP 100 First Avenue, Suite 650 Pittsburg, PA 15222 Telephone: (412) 227-0763 Facsimile: (412) 281-8481 - and - John R. Linkosky, Esq. JOHN LINKOSKY & ASSOCIATES 715 Washington Avenue Carnegie, PA 15106 Telephone: (412) 278-1280 Facsimile: (412) 278-1282 E-mail: Linklaw@comcast.net WEATHERFORD INT'L: Certification of Class Sought in "Bowman" Suit ----------------------------------------------------------------- The Plaintiffs in the lawsuit captioned SHANNON BOWMAN, Individually and on Behalf of All Others Similarly Situated v. WEATHERFORD INTERNATIONAL LLC, and PRECISION ENERGY SERVICES, INC., Case No. 4:16-cv-00918 (S.D. Tex.), moves the Court for conditional certification as a Fair Labor Standards Act collective action. The Plaintiffs ask that the Court grant conditional certification for this category of individuals under the FLSA: "All current and former Real Time Operating Center Technical Specialists who have worked for Weatherford International LLC and Precision Energy Services, Inc. within the past three years and: Were paid a base salary and a daily bonus for full or partial-days worked; and Worked more than forty (40) hours in workweeks without being paid overtime premium wages for the hours worked over forty (40)." Over the past three years, the Plaintiffs allege, the Defendants Weatherford International LLC and Precision Energy Services, Inc., have violated the Fair Labor Standards Act by misclassifying their Real Time Operating Center Technical Specialists as exempt from FLSA's overtime requirements. The Plaintiffs also ask that the Court approve their proposed Notice and Consent Forms, and compel the Defendants to promptly turn over the contact information necessary to issue the Notices. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=vpjCH4BK The Plaintiffs are represented by: Michael A. Starzyk, Esq. April L. Walter, Esq. Amber L. Karns, Esq. STARZYK & ASSOCIATES, P.C. 10200 Grogan's Mill Rd., Suite 300 The Woodlands, TX 77380 Telephone: (281) 364-7261 Facsimile: (281) 364-7533 E-mail: mstarzyk@starzyklaw.com awalter@starzyklaw.com akarns@starzyklaw.com Defendants Weatherford International, LLC and Precision Energy Services, Inc., are represented by: David B. Jordan, Esq. J. Allen Douglas, Esq. Kevin Little, Esq. LITTLER MENDELSON, P.C. 1301 McKinney Street Houston, TX 77010 Telephone: (713) 951-9400 Facsimile: (713) 951-9212 E-mail: djordan@littler.com adouglas@littler.com klittle@littler.com WENDY'S COMPANY: Faces Tech Credit Suit in Penn. Over Data Breach ----------------------------------------------------------------- Tech Credit Union, on behalf of itself and all others similarly situated v. The Wendy's Company, Wendy's Restaurants, LLC, and Wendy's International, LLC, Case No. 2:16-cv-00854-MPK (W.D. Penn., June 16, 2016), arises out Wendy's inadequate data security measures and approach to data security resulting to a data breach. The Defendants are engaged in the business of operating, developing and franchising a system of quick-service restaurants. The Plaintiff is represented by: Gary F. Lynch, Esq. Jamisen A. Etzel, Esq. CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP 1133 Penn Ave., 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 Facsimile: (412) 231-0246 E-mail: glynch@carlsonlynch.com jetzel@carlsonlynch.com - and - James J. Pizzirusso, Esq. Swathi Bojedla, Esq. HAUSFELD LLP 1700 K St NW Suite 650 Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 E-mail: jpizzirusso@hausfeld.com sbojedla@hausfeld.com WEST BASIN: Faces NGL Transportation Suit Over Per Diem Charges --------------------------------------------------------------- NGL Transportation LLC, Krisda, Inc., and FNS, Inc. on behalf of themselves and all others similarly situated v. West Basin Container Terminal, LLC, Pacific Maritime Services LLC, Maersk Line, Ltd., Case No. 2:16-cv-04173-RGK-JEM (C.D. Cal., June 10, 2016), seeks restitution and disgorgement of all profits gained by Defendants' unlawful and unfair levying of container usage, pick-up and late return fees, called "demurrage" or "per diem" charges, during a work slowdown by longshoremen at the Port of Los Angeles and Port of Long Beach. West Basin Container Terminal, LLC and Pacific Maritime Services LLC operate a marine terminal in California. Maersk Line, Ltd. is a Virginia company that owns and operates an ocean vessel. The Plaintiff is represented by: Jason S. Hartley, Esq. Jason M. Lindner, Esq. Julie A. Kearns, Esq. STUEVE SIEGEL HANSON LLP 550 West C Street, Ste. 1750 San Diego, CA 92101 Telephone: (619) 400-5822 E-mail: hartley@stuevesiegel.com lindner@stuevesiegel.com kearns@stuevesiegel.com WEST LIBERTY: Faces "Leja" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Adam Leja, individually and on behalf of all others similarly situated v. West Liberty Foods, LLC, Case No. 1:16-cv-06086 (N.D. Ill., June 10, 2016), is brought against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act. West Liberty Foods, LLC is engaged in the meat processing business and maintains a plant and other facilities for that purpose in Bolingbrook, Illinois. The Plaintiff is represented by: Alejandro Caffarelli, Esq. Madeline K. Engel, Esq. CAFFARELLI & ASSOCIATES LTD. 224 N. Michigan Ave., Ste. 300 Chicago, IL 60604 Telephone: (312) 763-6880 E-mail: info@caffarelli.com WESTLAKE SERVICES: Seeks Final OK of "Duchene" Suit Settlement -------------------------------------------------------------- The parties in the lawsuit titled Pierce Duchene, on behalf of himself and all others similarly situated v. Westlake Services, LLC d/b/a Westlake Financial Services, Case No. 2:13-cv-01577-MRH (W.D. Pa.), jointly move for the entry of an order granting final approval of their class action settlement agreement. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=RcfH9kHm The Plaintiff is represented by: Stephen F. Taylor, Esq. Sergei Lemberg, Esq. LEMBERG LAW LLC 43 Danbury Road Wilton, CT 06897 Telephone: (203) 653-2250 Facsimile: (203) 653-3424 The Defendant is represented by: David L. Hartsell, Esq. McGUIREWOODS LLP 77 West Wacker Dr., Suite 4100 Chicago, IL 60601-1818 Telephone: (312) 849-8100 Facsimile: (312) 849-3690 E-mail: dhartsell@mcguirewoods.com - and - Laura A. Lange, Esq. MCGUIREWOODS, LLP 625 Liberty Avenue, 23rd Floor Pittsburgh, PA 15222 Telephone: (412) 667-7941 Facsimile: (412) 667-7961 E-mail: llange@mcguirewoods.com - and - Seth A. Schaeffer, Esq. MCGUIREWOODS LLP One James Center 901 E. Cary Street Richmond, VA 23219 Telephone: (804) 775-1174 Facsimile: (804) 698-2167 E-mail: sschaeffer@mcguirewoods.com - and - David L. Hartsell, Esq. Sarah A. Zielinski, Esq. McGuireWoods, LLP 77 West Wacker Dr., Suite 4100 Chicago, IL 60601-1818 Telephone: (312) 750-8898 Facsimile: (312) 920-6766 E-mail: dhartsell@mcguirewoods.com szielinski@mcguirewoods.com WOOD GROUP: "Dobbs" Class Suit Removed to East. Dist. California ---------------------------------------------------------------- The class action lawsuit entitled David Dobbs, individually, and on behalf of all others similarly situated v. Wood Group PSN, Inc., Case No. BCV-16-101078, was removed from the Kern County Superior Court to the U.S. District Court Eastern District of California. The District Court Clerk assigned Case No. 1:16-cv- 00838-LJO-JLT to the proceeding. The Plaintiff asserts labor-related claims. Wood Group PSN, Inc. is a provider of brownfield services to the oil and gas industry. The Plaintiff is represented by: Daniel J. Park, Esq. Douglas Han, Esq. Shunt Tatavos-Gharajeh, Esq. JUSTICE LAW CORPORATION 411 N. Central Ave., Suite 500 Glendale, CA 91203 Telephone: (818) 230-7502 Facsimile: (818) 230-7259 E-mail: dpark@justicelawcorp.com dhan@justicelawcorp.com statavos@justicelawcorp.com - and - Melissa Marie Samuel, Esq. THE KULLMAN FIRM 4605 Bluebonnet Blvd, Suite A Baton Rouge, LA 70809 Telephone: (225) 906-4243 Facsimile: (225) 906-4230 E-mail: mms@kullmanlaw.com - and - Rebecca K. Kimura, Esq. Susan T. Kumagai, Esq. LAFAYETTE & KUMAGAI LLP 1300 Clay Street, Suite 810 Oakland, CA 94612 Telephone: (415) 357-4600 Facsimile: (415) 357-4605 E-mail: rkimura@lkclaw.com skumagai@lkclaw.com XTO ENERGY: Faces "Holt" Suit Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Wesley Holt and Raymond Smith, individually and on behalf of all persons similarly situated v. XTO Energy, Inc., Case No. 7:16-cv- 00162-RAJ (W.D. Tex., June 16, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. XTO Energy, Inc. is a natural gas and oil producer with expertise in developing tight gas, shale gas, coal bed methane and unconventional oil resources throughout the United States. The Plaintiff is represented by: Christopher L. Williams, Esq. WILLIAMS LITIGATION, LLC 639 Loyola Ave., Suite 1850 New Orleans, LA 70113 Telephone: (504) 308-1438 Facsimile: (504) 308-1446 E-mail: chris@williamslitigation.com - and - Shanon J. Carson, Esq. Sarah R. Schalman-Bergen, Esq. Alexandra K. Piazza, Esq. Camille Fundora, Esq. BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: scarson@bm.net sschalman-bergen@bm.net apiazza@bm.net cfundora@bm.net ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2016. All rights reserved. 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