/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/160718.mbx C L A S S A C T I O N R E P O R T E R Monday, July 18, 2016, Vol. 18, No. 142 Headlines 24-7 CAREGIVERS: "Brandeis" Suit to Recover Unpaid OT Wages 3405 BROADWAY: Sued Over Failure to Provide Financial Statements 6D GLOBAL: Still Defends "Puddu" Class Suit in New York 808 WEST: "Trinidad" Suit Seeks Unpaid OT Pay Under FLSA AGENCY HOMELAND: Slater Seeks One-Day Waiver of March 22 Appeal AMERICAN CHEMICALS: ABC Seeks Certification of Class & Subclass AMB CONSTRUCTION: "Kllogjeri" Suit to Recover Unpaid Wages AMBAC FINANCIAL: Sued in S.D.N.Y. Over Falsified Bond Portfolio ANIMAL BEHAVIOR: Settlement Wins Preliminary Court Approval ANNISTON, AL: Faces "Foshee" Suit Over Civil Rights Act Violation APOLLO EDUCATION: Settlement Reached in Merger-Related Suits APOLLO EDUCATION: Guam Retirement Fund Named as Lead Pplaintiff APOLLO EDUCATION: Faces Johnson-Hendricks Class Action APOLLO EDUCATION: Class Action Appeal Pending in 6th Cir. APOLLO EDUCATION: Objection to Teamsters Settlement Tossed ASHLAND INC: Faces "Wilson" Suit Over Failure to Pay Overtime BEST PRACTICES: Class Claims in "Pollack" Suit Nixed BOEHRINGER INGELHEIM: Faces 6 Lawsuits in Conn. Super. Ct. BOEHRINGER INGELHEIM: Faces 2 Lawsuits in Conn. Super. Ct. BOLLINGER SHIPYARDS: Class Certification Sought in "Munoz" Suit BR MART: "Pimentel" Suit Seeks Unpaid Wages Under Labor Code BUONA FORTUNA: "Camas" Seeks Unpaid Minimum Wage Under Labor Law BUSINESS FINANCIAL: Court Compels Discovery in Central Alarm Suit CARMAX AUTO: "Gomez" Suit Seeks Wages Under Labor Code CARMAX INC: Areso's Private Attorney General Act Claim Stayed CARMAX INC: Continues to Defend Against "Weiss" Lawsuit CASH AMERICA: "Samtoy" Suit Seeks to Block First Cash Merger CELADON TRUCKING: 8th Cir. Affirms District Court Ruling in "Day" CELADON TRUCKING: "Calhoun" Class Suit Removed to C.D. California CENTRAL LOAN: Faces "Jones" Suit in Southern District Florida CF MANAGEMENT: "Maldonado" Suit Seeks Overtime Pay Under FLSA CFRA LLC: Court Granted Class Certification Bid in "Corbin" Suit CLOUGHERTY PACKING: Garcia Seeks Minimum Wages Under Labor Code COACH INC: Vaughn Seeks Unpaid Premium Wages Under Labor Code COLUMBIA MIYABI: "Rich" Suit Seeks to Recover Unpaid OT Wages COMPLIANCE STAFFING: Court Granted Class Cert. Bid in "Rangel" CRIUS ENERGY: "Staunches" Suit to Recover Overtime Pay CRYO-CELL INTERNATIONAL: To Defend Against Delaware Class Action CVS PHARMACY: "Dorfman" Class Suit Removed to S.D. California DAGNACHEW AND ASSOC: Baziotis Seeks OT Wages Under Labor Code DARDEN RESTAURANTS: Tocci Seeks Unpaid Wages Under Labor Code DELANO FARMS: "Paniagua" Suit Seeks to Recover Unpaid Overtime DELTA MANAGEMENT: Faces "Cunningham" Suit in D.N.J. DNC SERVICES: Sued in Fla. Over Biased Support to Hillary Clinton DOUGLAS HERRERA: "Rosario" Suit to Recover Overtime Pay EFT HOLDINGS: Wang Class Action Lawsuit Dismissed ENHANCED RECOVERY: Johnson Seeks Certification of Class ERBA DIAGNOSTICS: Plaintiff Filed Amended Class Action Complaint FAY SERVICING: Illegally Collects Debt, "Jakobovis" Suit Claims FINANCIAL RECOVERY: Class Certification Sought in "Studer" Suit FIRST NATIONAL: Faces "Campbell" Suit in South Carolina FLOWERS FOODS: Faces "Rosinbaum" Suit Over Failure to Pay OT FOUNDATION ENERGY: Fails to Pay Workers OT, "Perdue" Suit Claims GALENA BIOPHARMA: $20 Million Has Final Court Approval GRACEY-DANNA: Faces "Arkin" Suit in Fla. Over Automated Calls GRUBHUB HOLDINGS: Souran Seeks OT and Minimum Wages Under FLSA IND GLATT: "Sanchez" Suit Seeks to Recover Unpaid Overtime Wages JAMES DORAN: "Higgins" Suit Seeks to Recover Unpaid OT Wages JCJ VENTURES: Court Conditionally Certified "Ventrone" Suit Class JEDDO KABAB: Does Not Properly Pay Employees, "Yassine" Suit Says KANSAS: Mosier Can't Terminate Medicaid Provider Agreements KB HOME: Court Approved Final Settlement Terms in "Edwards" KGI TRADING: Faces "Kim" Suit Over Failure to Pay Overtime Wages LA LASER: Illegally Records Telephone Conversations, Suit Claims LOS LUNAS CENTER: 10th Cir. Appeal Filed in "Jackson" Class Suit LUMBER LIQUIDATORS: $26-Mil. Settlement Has Preliminary Approval LVNV FUNDING: Class Certification Bid in "Lovelace" Suit Denied MARKETO INC: Faces "Porwal" Class Action MATRESS GLOBAL: "Suarez-Torres" Sues Over ADA Violation MATSUYA QUALITY: Faces "Xin" Suit in E.D.N.Y. MERCY HEALTH: Sued Over Underfunding Employees Pension Plan MICHIGAN, USA: Seeks 6th Cir. Review of Ruling in "Hill" Suit MSP CROSSROADS: Court Narrows Claims in CROSSRDS Suit NCO GROUP: Faces "Severino" Suit Over Failure to Pay Overtime NOBLE HEALTH: Faces "McCaine" Suit Over Failure to Pay Overtime NOBLE ENERGY: "Wilson" Suit Seeks to Recover Unpaid Overtime NORTHWELL HEALTH: Faces "Passiglia" Suit in E.D.N.Y. ORLEANS SHORING: Class in "Nunez" Suit Conditionally Certified PERFUMANIA HOLDINGS: Must Defend Against Family Medicine Suit PHILLIPS & COHEN: Illegally Collects Debt, "Carmicino" Suit Says POINT AND PAY: Faces "Cross" Suit in M.D. Fla. PROSPER FUNDING: Has $5.9MM Settlement Liability Reserve REFINERY SPECIALTIES: Jarrett Seeks Certification of FLSA Class SALOV NORTH: Kumar Seeks Certification of Class SCOTT PERRY: Illegally Collects Debt, "Schneider" Suit Claims SCOUT INDUSTRIES: Faces "Sweetser" Suit in District of New Mexico SPECIALIZED LOAN: "Plyler" Sues Over Loan Discrepancies TARGET CORP: Faces "Walters" Suit in S.D. Fla. TEMPLETON FINANCIAL: Has Sent Unsolicited Calls, Action Claims THERANOS INC: Sued in D. Ariz. Over Edison Blood Test Accuracy TIME WARNER: HSGCHG Investments Suit Sent to Arbitration TIME WARNER: Court Denies 3rd Summary Judgment Bid in "Johnson" TIRA D TOSS: Faces "Ramentol" Suit Over Failure to Pay Overtime TOLEDO 35: Fails to Pay Employees Overtime, "Paguay" Suit Claims TWO BROS: Faces "Molina" Suit Over Failure to Pay Overtime Wages UBER TECHNOLOGIES: Faces "Romine" Suit Over Failure to Pay OT UNITED STATES: Appeal Filed in "Mehta" Immigration Class Suit VCG HOLDING: Does Not Properly Pay Employees, "McGrew" Suit Says VIRIDIAN ENERGY: Court Narrows Claims in "Mirkin" Suit WAL-MART STORES: "Franklin" Suit Consolidated in MDL 2705 WASABI K SUSHI: Faces "Zeng" Suit Over Failure to Pay Overtime ********* 24-7 CAREGIVERS: "Brandeis" Suit to Recover Unpaid OT Wages ----------------------------------------------------------- Yvette Brandeis, on behalf of herself and others similarly situated, Plaintiff, v. 24-7 Caregivers Registry, Inc., Advantage Plus Caregivers, Inc. and Does 1 through 50, inclusive, Defendants, Case No. BC625927 (Cal. Super., July 5, 2016), seeks compensatory damages in the amount of unpaid overtime compensation and missed or deficient meal period where no premium pay was paid, restitution for unfair competition pursuant to California Business &Professions Code, penalties pursuant to California Labor Code, pre-judgment and post-judgment interest, punitive and exemplary damages, attorneys' fees, costs of suit incurred and such other relief under the California Labor Code, Industrial Welfare Commission and California Business and Professions Code. 24-7 Caregivers Registry Inc. is an employment agency located in Canoga Park, California. Plaintiff is represented by: David Yeremian DAVID YEREMIAN & ASSOCIATES, INC 535 N. Brand Blvd., Suite 705 Glendale, CA 91203 Fax: (818) 230-0308 Phone: (818) 230-8380 Email: david@yermianlaw.com 3405 BROADWAY: Sued Over Failure to Provide Financial Statements ---------------------------------------------------------------- MILADYS BAEZ, ISABEL JIMENEZ, STEVEN VALDEZ, suing on their own behalf and on behalf of 3405 BROADWAY HDFC, and VICTOR COBO III, and MOSES FUENTES, the Plaintiffs, v. JOSE BRITO, HOMAIRA MARTINEZ, ESPERANZA SIMET, and 3405 BROADWAY HDFC, the Defendants, Case No. 653409/2016 (N.Y. Sup. CT., June 28, 2016), seek: a) Declaratory judgment immediately removing Defendants MARTINEZ, BRITO, and SIMET from their positions as officers of the Board of Directors; b) Declaratory judgment declaring the purported stock certificate of Defendant MARTINEZ invalid; c) Cancelling the shares of stock and tenancy of MARTINEZ due to her violation of the Certificate of Incorporation, Bylaws, and Proprietary Lease; d) Barring MARTINEZ from reelection or reappointment as an officer for a period of no less than twenty years; e) Barring BRITO and SIMET from reelection or reappointment as an officer for a period of no less than ten years; f) Awarding sole and complete possession of Unit 2A to the HDFC; g) Holding an election supervised by an independent third party to elect a new Board of Directors; h) Decreeing Defendants jointly and severally liable to the HDFC for all monies received by them due to their breach of their fiduciary duties; i) Decreeing Defendants to make restitution to the HDFC for all damages sustained by the HDFC and/or Plaintiffs and non-party shareholders as a result of Defendants' acts and/or omissions; j) Finding Defendant jointly and severally in an amount not less than $500,000.00 as a result of Defendants' breach of their fiduciary duties; k) Enjoining and restraining Defendants from seeking indemnification from the HDFC or shareholders, other than the within Defendants, of the HDFC for any damages or expenses incurred due to the instant action; l) Requiring Defendants to reimburse Plaintiffs for all reasonable legal fees, costs and disbursements incurred by reason of this action; and m) Awarding such and further relief as the Court may deem just and proper. The Defendants have unreasonably failed to provide financial statements of the HDFC's finances to all shareholders for more than seven years, despite the obligation to do so being specifically required in the HDFC's Bylaws and Proprietary Lease. The Defendants' failure to provide an annual report to all shareholders has continued despite multiple verbal and written requests by Plaintiffs. Such failure to provide financial statements constitutes a breach of Defendants' duties as Board members. The actions and conduct of Defendants were allegedly done in bad faith and in breach of Defendants' fiduciary duty owed to Plaintiffs and individual shareholders. The Defendants' failure in their capacity as Board members to properly maintain the mandated financial records of the HDFC have damaged shareholders in an amount not presently known but to be determined at trial. HDFC is a New York State not-for-profit, low income housing cooperative corporation formed under Article XI of the Private Housing Finance Law and the Business Corporation Law of the State of New York. The Plaintiff is represented by: Stacy Jacob. Esq. LAW OFFICE OF STACY JACOB 26 Court Street, Suite 2610 Brooklyn, NY 11242 Telephone: (718) 596 3781 6D GLOBAL: Still Defends "Puddu" Class Suit in New York ------------------------------------------------------- 6D Global Technologies, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 8, 2016, for the quarterly period ended May 31, 2016, that the Company still defends the case, Puddu et al. v. 6D Global Technologies, Inc., et al., Case No. 15-cv-8061 (RWS) (S.D.N.Y.) On October 13, 2015, an individual named Sixto Castillo IV filed a putative class action complaint in the United States District Court for the Southern District of New York against the Company, certain officers and directors, and certain third-parties, putatively on behalf of the Company's stockholders. The lawsuit seeks damages arising from alleged material misstatements and omissions concerning defendant Benjamin Wey, in violation of Sections 10(b) and 20(a) of the Securities Exchange Act (15 U.S.C. Sec.Sec. 78j(b) and 78t(a), respectively) and Rule 10b-5 promulgated thereunder (17 C.F.R. Sec. 240.10b-5). Plaintiffs Joseph Puddu, Mark Ghitis, Valery Burlak, and Adam Butter, on behalf of the putative class, subsequently filed an amended complaint and second amended complaint on March 23, 2016 and April 4, 2016, respectively. Plaintiffs allege, among other things, that defendants made false and/or misleading statements and/or failed to disclose: (1) the extent of Benjamin Wey's purported involvement in the Company's operations, and (2) Benjamin Wey's purported beneficial ownership of more than 5% of the Company's stock. Plaintiffs seek an undetermined amount of compensatory damages allegedly sustained by the putative class a result of these purported misstatements and omissions. The Company vigorously disputes the allegations made in the complaint and intends to assert an aggressive defense. The extent of the Company's potential liability in this matter has not yet been determined. And as a result, no accrual for this exposure was made in the consolidated financial statements. 808 WEST: "Trinidad" Suit Seeks Unpaid OT Pay Under FLSA -------------------------------------------------------- REINALDO TRINIDAD, JAVIER MORALES and JUAN CARLOS on behalf of themselves and others similarly situated, the Plaintiffs, v. 808 WEST TAPAS RESTAURANT Corp. d/b/a LAS TAPAS, 187 RESTAURANT CORP. d/b/a REFRIED BEANS and YVELISSE ROSSI, individually, the Defendants, Case No. 1:16-cv-05092 (S.D.N.Y., June 28, 2016), seeks to recover unpaid overtime compensation to remedy violations of the wage-and-hour provisions of the Fair Labor Standards Act (FLSA) that occurred at the restaurants owned and controlled by the Defendants located in New York, New York. The Plaintiffs and the FLSA collective class also seek injunctive and declaratory relief against Defendants for their unlawful actions, compensation for their failure to pay overtime wages, and liquidated damages, compensatory damages, pre-judgment and post- judgment interest, and attorneys' fees and costs, pursuant to the FLSA and New York Labor Law (NYLL). Defendants have intentionally, willfully and repeatedly harmed Plaintiffs and the FLSA Collective by engaging in a pattern and/or policy of violating the FLSA. This policy and/or policy includes the following: i. failing to pay employees the applicable overtime rate for all time worked in excess of 40 hours per week; ii. failing to keep accurate records of hours worked by employees as required by the FLSA and NYLL. The FLSA Collective Class consists of: "Approximately 15 similarly situated current and former cooks at Las Tapas and Refried Beans who have been victims of Defendants' common policy and practices that have violated their rights under the FLSA by, inter alia, willfully denying them overtime wages." 808 West is an intimate Spanish venue restaurant featuring ample portions of tapas & traditional dishes in comfy surrounds. The Plaintiff is represented by: Jacob Aronauer, Esq. THE LAW OFFICES OF JACOB ARONAUER 225 Broadway, Suite 307 New York, NY 10007 Telephone: (212) 323 6980 E-mail: jaronauer@aronauerlaw.com AGENCY HOMELAND: Slater Seeks One-Day Waiver of March 22 Appeal --------------------------------------------------------------- In the class action lawsuit styled Colister Slater, the Plaintiff, v. Leonard Eric Patterson, Suzane Spaulding, Jeh Charles Johnson, Secretary of Department of Homeland Security (DHS), Agency Homeland Security, and Department of Homeland, Case No. 5:16-cv- 00519-PA-KK (C.D. Cal.), Plaintiff asks the Court to grant him a one-day waiver on his March 22, 2016 appeal of U.S. MSPB January 21, 2016 Final Order, because of his excusable neglect as a pro se. DHS is a cabinet department of the United States federal government with responsibilities in public security. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=reSclmwO The Plaintiff appears pro se. AMERICAN CHEMICALS: ABC Seeks Certification of Class & Subclass --------------------------------------------------------------- The Plaintiff in the class action lawsuit styled ABC BARTENDING SCHOOL OF MIAMI, INC., individually and as representative of a class of similarly-situated persons, the Plaintiff, v. AMERICAN CHEMICALS & EQUIPMENT, INC. (d.b.a. AMERICAN OSMENT, GORILLA GLIDES, and STOCKUP.COM), and STEVEN MOTE, the Defendants, Case No. 1:15-cv-23142-KMW (S.D. Fla.), asks the Court to certify a class: "All persons who, between March 12, 2014 and August 18, 2015, were sent one or more faxes from Gorilla Glides, www.GorillaGlides.com, offering Gorilla Glides floor protection products. The Plaintiff also proposes a subclass of Florida recipients of the same faxes for the purpose of pursing punitive damages under Florida law. American Chemical is in the business of manufacturing ventilation & aluminum coating process equipment. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=jK2bQJEQ The Plaintiff is represented by: Arturo Martinez, Esq. Eric A. Hernandez, Esq. Jermaine E. Lee, Esq. WALLEN HERNANDEZ LEE MARTINEZ, LLP 255 Aragon Avenue, Suite 200 Coral Gables, FL 33134 Telephone: (305) 842 2100 Facsimile: (305) 842 2105 E-mail: eric@whlmlegal.com jlee@whlmlegal.com arturo@whlmlegal.com AMB CONSTRUCTION: "Kllogjeri" Suit to Recover Unpaid Wages ---------------------------------------------------------- Endrit Kllogjeri and Kujtim Isufi, individually and on behalf of all other persons similarly situated, Plaintiffs, v. Amb Construction, Inc. and John Doe Bonding Company, Defendants, Case No. 155544/2016 (N.Y. Sup., July 5, 2016), seeks unpaid wages and supplemental benefits, interest, attorney's fees and costs for breach of public works contracts and California Labor Laws. AMB Construction, Inc. is a corporation incorporated under the laws of the State of New York, with its principal place of business at 70-16 20TH Avenue, Brooklyn, New York 11204, and is engaged in the construction business where Plaintiffs performed construction related work on public works projects. Plaintiff is represented by: Lloyd R. Ambinder, Esq. Jack Newhouse. Esq. VIRGINIA & AMBINDER, LLP 40 Broad, 7th Floor New York, NY 10004 Tel: (212) 943-9080 Email: lambinder@vandallp.com AMBAC FINANCIAL: Sued in S.D.N.Y. Over Falsified Bond Portfolio --------------------------------------------------------------- JOSEPH PIRINEA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. AMBAC FINANCIAL GROUP, INC., DIANA N. ADAMS, DAVID TRICK, JEFFREY S. STEIN and NADER TAVAKOLI, the Defendants, Case No. 1:16-cv-05076-RMB (S.D.N.Y., June 28, 2016), seeks to pursue remedies under the Securities Exchange Act. The Defendants allegedly made numerous materially false and misleading statements and omitted material facts concerning the Company's losses and loss exposure on its public finance bond portfolio (including $2.5 billion in Puerto Rican bonds), risk management, internal controls over financial reporting and financial condition and prospects. The Defendants' failure to disclose Ambac's true loss exposure relating to the bonds it insures deceived investors about the Company's true financial health. As a result of Defendants' false statements, Ambac stock traded at artificially inflated prices, reaching a Class Period high of $35.61 per share on March 4, 2014. The Class is defined as: "All persons or entities that purchased or otherwise acquired Ambac common stock during the Class Period, seeking to pursue remedies under the Exchange Act." Ambac, headquartered in New York, New York, is a holding company whose subsidiaries provide financial guarantee products and other financial services to clients in both the public and private sectors around the world. The Company operates in two segments: financial guarantee and financial services. The Plaintiff is represented by: Shannon L. Hopkins, Esq. Sebastiano Tornatore, Esq. Meghan Daley, Esq. LEVI & KORSINSKY LLP 733 Summer Street, Suite 304 Stamford, CT 06901 Telephone: (203) 992 4523 Facsimile: (212) 363 7171 E-mail: shopkins@zlk.com stornatore@zlk.com mdaley@zlk.com ANIMAL BEHAVIOR: Settlement Wins Preliminary Court Approval ----------------------------------------------------------- The Hon. Manuel L. Real entered an order in the class action lawsuit styled SAMUEL BARAHONA, AN INDIVIDUAL, on behalf of himself and all other similarly situated, Plaintiff, v. ANIMAL BEHAVIOR COLLEGE, INC., A CALIFORNIA CORPORATION, and DEBBIE KENDRICK, AN INDIVIDUAL, Defendants, the Defendants, Case No. 2:15-cv-09584-R-AFM (C.D. Cal.), granting preliminary approval of a settlement class: "All persons employed in California by Animal Behavior College, Inc. as Admissions Counselors at any time during the period between December 11, 2011, up to and including the date the Court grants preliminary approval of the Settlement". The Court preliminarily appoints Michael L. Tracy as counsel to the Settlement Class. The Court finds that CPT Group, Inc. is qualified to act as the Claims Administrator for this settlement. The Court orders that the Settlement Class is preliminarily certified for settlement purposes only. If the settlement does not become final for any reason, the fact that the Parties were willing to stipulate to class action certification for settlement purposes shall have no bearing on, and will not be admissible in connection with, the issue of whether a class action is properly certified in a non-settlement context. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=8cNSnBde ANNISTON, AL: Faces "Foshee" Suit Over Civil Rights Act Violation ----------------------------------------------------------------- Tiffany Foshee, individually and for a class of similarly situated persons or entities v. The City of Anniston, Alabama, Case No. 1:16-cv-01030-VEH (N.D. Ala., June 23, 2016), is brought against the Defendants for violation of the Civil Rights Act. The City of Anniston, Alabama is a city in Calhoun County in the state of Alabama. The Plaintiff is represented by: G. Daniel Evans, Esq. Alexandria Parrish, Esq. THE EVANS LAW FIRM, P.C. 1736 Oxmoor Road, Suite 101 Birmingham, AL 35209 Telephone: (205) 870-1970 Facsimile: (205) 870-7763 E-mail: gdevans@evanslawpc.com ap@evanslawpc.com APOLLO EDUCATION: Settlement Reached in Merger-Related Suits ------------------------------------------------------------ Apollo Education Group, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 8, 2016, for the quarterly period ended May 31, 2016, that the Company has reached an agreement with the plaintiffs to settle the consolidated merger-related shareholder suits. The Company said, "On February 7, 2016, we entered into an Agreement and Plan of Merger (as amended, the "Merger Agreement") with AP VIII Queso Holdings, L.P., an affiliate of Apollo Management VIII, L.P., which is a fund managed by an affiliate of Apollo Global Management, LLC, none of which is, or has ever been, affiliated with us. At the effective time of the merger, which is expected to be completed by the end of calendar year 2016, each share of our issued and outstanding Class A and Class B common stock will be converted pursuant to the terms of the Merger Agreement into the right to receive $10.00 per share in cash. On May 6, 2016, the Merger Agreement was approved by the holders of our outstanding Class A and Class B common stock, each voting separately as a class. Consummation of the merger is subject to various regulatory and customary approvals, and operating and other conditions." "In connection with the pending merger, the class action lawsuits listed below have been filed in the Superior Court of the State of Arizona, Maricopa County against some or all of the following parties: us, our directors, the Apollo Class B Voting Stock Trust No. 1, AP VIII Queso Holdings, L.P., Socrates Merger Sub, Inc., and Barclays Capital Inc. and Evercore Group L.L.C. (in their capacity as our financial advisors in connection with the merger): * Casey v. Apollo Education Group, Inc., et al., Case No. CV2016- 051605 filed on February 25, 2016; * Miglio v. Apollo Education Group, Inc., et al., Case No. CV2016- 003718 filed on February 26, 2016; * Blanchfield v. Apollo Education Group, Inc., et al., Case No. CV2016-001738 filed on February 29, 2016; * Wagner v. Apollo Education Group, Inc., et al., Case No. CV2016- 001905 filed on March 9, 2016; * Ladouceur v. Apollo Education Group, Inc., et al., Case No. CV2016-002148 filed on March 17, 2016; and * Simkhovich v. Apollo Education Group, Inc., et al., Case No. CV2016-002339 filed on March 23, 2016. "The complaints generally allege that our directors have violated their fiduciary duties by, among other things, failing to properly value us and failing to maximize our value to our shareholders as well as by including purportedly preclusive deal protections in the merger agreement, and that we, AP VIII Queso Holdings, L.P. and Socrates Merger Sub, Inc. aided and abetted such alleged breaches of fiduciary duties. The Miglio, Wagner, Ladouceur and Simkhovich complaints further allege that our directors breached their fiduciary duty of candor by filing a materially incomplete and misleading preliminary proxy statement and also allege that the sale process was negatively impacted by certain conflicts with our financial advisors. The plaintiffs seek various remedies, including a declaration that the action is properly maintainable as a class action, an injunction against the consummation of the merger, an accounting of the damages sustained by the plaintiffs and the class, costs and fees of the action, including attorneys' fees and expenses, and any other equitable relief the court may deem just and proper. "On March 4, 2016, the action titled Blanchfield v. Apollo Education Group, Inc., et al. was voluntarily dismissed without prejudice. "On April 12, 2016, the Superior Court of the State of Arizona, Maricopa County consolidated the remaining Casey, Miglio, Wagner, Ladouceur and Simkhovich cases into a single action, In re Apollo Education Group, Inc. Shareholder Litigation, Lead Case No. CV2016-001905 (the "Consolidated Action"). "On May 1, 2016, we reached an agreement with the plaintiffs to settle the Consolidated Action in connection with the increase in the merger consideration per share, which agreement is subject to consummation of the merger, certain confirmatory discovery and approval by the court. If the merger is consummated, we anticipate that we will be required to pay the plaintiffs' expenses and an amount for attorneys' fees yet to be determined and subject to court approval." APOLLO EDUCATION: Guam Retirement Fund Named as Lead Pplaintiff --------------------------------------------------------------- Apollo Education Group, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 8, 2016, for the quarterly period ended May 31, 2016, that the Court has appointed the Government of Guam Retirement Fund as lead plaintiff in a securities class action. The Company said, "On March 14, 2016, a class action complaint was filed in the United States District Court for the District of Arizona, captioned Rameses Te Lomingkit et al. v. Apollo Education Group, Inc. et al., Case Number 2:16-CV-00689-JZB. The plaintiff, who allegedly purchased our shares during the specified class period, filed this putative class action on behalf of the plaintiff and all of our shareholders who acquired Class A shares between June 26, 2013 and October 21, 2015 and seeks certification as a class action and unspecified compensatory damages and costs. The plaintiff alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated under the Exchange Act, by us and certain of our officers for making allegedly false and misleading statements and failing to disclose material facts relating to the nature of our military recruitment activities and the status of our online classroom platform. "The Court appointed the Government of Guam Retirement Fund as lead plaintiff on June 16, 2016. The lead plaintiff has until August 15, 2016 to file a consolidated or amended complaint, or to designate the previously filed complaint as the operative complaint. "Because of the many questions of fact and law that may arise, the outcome of this legal proceeding is uncertain at this point. Based on the information available to us at present, we cannot reasonably estimate a range of loss for this action and, accordingly, we have not accrued any liability associated with this action." APOLLO EDUCATION: Faces Johnson-Hendricks Class Action ------------------------------------------------------ Apollo Education Group, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 8, 2016, for the quarterly period ended May 31, 2016, that Twonesha Johnson- Hendricks filed on June 24, 2016, a class action complaint, Johnson-Hendricks v. University of Phoenix, 2:16-cv-01434 (E.D. Cal.) in the United States District Court for the Eastern District of California, alleging that University of Phoenix violated the Telephone Consumer Protection Act by contacting class members without their consent. "We are evaluating the complaint, which seeks to recover damages on behalf of plaintiff and other members of the putative class. Because of the many questions of fact and law that may arise, the outcome of this legal proceeding is uncertain at this point. Based on the information available to us at present, we cannot reasonably estimate a range of loss for this action and, accordingly, we have not accrued any liability associated with this action," the Company said. APOLLO EDUCATION: Class Action Appeal Pending in 6th Cir. --------------------------------------------------------- Apollo Education Group, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 8, 2016, for the quarterly period ended May 31, 2016, that plaintiffs' appeal with the U.S. Court of Appeals for the Sixth Circuit is pending. The Company said, "On June 9, 2015, two former University of Phoenix employees filed an action in the Circuit Court of Jefferson County Kentucky alleging that they were wrongfully terminated from their positions with the University in violation of Kentucky and federal law. In this action, which is captioned Aldrich et al. v. The University of Phoenix, 15-C-2839 (Jefferson Cty. Circuit Court), plaintiffs also allege that the University violated Kentucky wage and hour law by failing to pay plaintiffs overtime and other required wages, and in connection with these wage and hour claims, they seek to represent a class of plaintiffs consisting of all individuals employed by the University within the past five years who performed a substantial part of their job duties in Kentucky. Plaintiffs seek to recover damages on their own behalf in connection with their alleged wrongful termination and past due wages, overtime compensation and other relief on behalf of the class in connection with the wage and hour claims. On March 4, 2016, the Court granted our motion to dismiss and compel arbitration." "On March 9, 2016, plaintiffs filed a notice of their intent to appeal with the U.S. Court of Appeals for the Sixth Circuit. The appeal is currently pending. "Because of the many questions of fact and law that may arise, the outcome of this legal proceeding is uncertain at this point. Based on the information available to us at present, we cannot reasonably estimate a range of loss for this action and, accordingly, we have not accrued any liability associated with this action." APOLLO EDUCATION: Objection to Teamsters Settlement Tossed ---------------------------------------------------------- Apollo Education Group, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 8, 2016, for the quarterly period ended May 31, 2016, that an untimely objection to the settlement in a securities class action by Teamsters Local 617 Pension and Welfare Funds has been struck down. On November 2, 2006, the Teamsters Local 617 Pension and Welfare Funds filed a class action complaint alleging that we and certain of our current and former directors and officers violated the Securities Exchange Act of 1934. The complaint is entitled Teamsters Local 617 Pension & Welfare Funds v. Apollo Group, Inc. et al., Case Number 06-cv-02674-RCB. The parties reached an agreement in principle to settle this matter for an immaterial amount and, on July 29, 2015, the district court entered an order approving the settlement and dismissing with prejudice the claims against defendants. Subsequent to the approval, an individual non-class member filed an untimely objection to the settlement with the district court. On December 7, 2015, the district court struck the objection. Additional information on the case is available at: http://www.apollosecuritiessettlement.com/ ASHLAND INC: Faces "Wilson" Suit Over Failure to Pay Overtime ------------------------------------------------------------- Derrick Wilson, individually and on behalf of other members of the general public similarly situated v. Ashland Inc., Case No. 2:16- cv-00594-EAS-EPD (S.D. Ohio, June 23, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Ashland Inc. provides specialty chemical solutions to customers in a wide range of consumer and industrial markets. The Plaintiff is represented by: Matthew J.P. Coffman, Esq. COFFMAN LEGAL, LLC 1457 S. High St. Columbus, OH 43207 Telephone: (614) 949-1181 Facsimile: (614) 386-9964 E-mail: mcoffman@mcoffmanlegal.com - and - Peter A. Contreras, Esq. CONTRERAS LAW, LLC PO Box 215 Amlin, OH 43002 Telephone: (614) 787-4878 Facsimile: (614) 923-7369 E-mail: peter.contreras@contrerasfirm.com BEST PRACTICES: Class Claims in "Pollack" Suit Nixed ---------------------------------------------------- The Clerk of the U.S. District Court for the Northern District of Illinois made a docket entry on July 13, 2016, in the case entitled William M. Pollack v. Best Practices Academy, LLC, et al., Case No. 1:16-cv-03552 (N.D. Ill.), relating to a hearing held before the Honorable Milton I. Shadur. The minute entry states that the Plaintiff's individual claims are dismissed with prejudice and without costs. The claims of the putative class are dismissed without prejudice and without costs. The motion to certify class is denied as moot. The status hearing set for August 4, 2016, is stricken. A copy of the Notification of Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=qvtd3gzi BOEHRINGER INGELHEIM: Faces 6 Lawsuits in Conn. Super. Ct. ---------------------------------------------------------- Six class action lawsuits have been filed against Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim International GmbH, in Connecticut Superior Court, Hartford Judicial District. The lawsuits seek compensatory, consequential and punitive damages, as a result of Defendants' reckless disregard for safety of patients, to whom Pradaxa (TM) was promoted and sold for use, and as a direct and proximate consequence of Defendants' reckless disregard for patient safety, in violations of the Connecticut Products Liability Act. According to the complaints, the Defendants negligently designed and formulated Pradaxa (TM) and its packaging, labeling, prescribing information and patient medication guide which rendered Pradaxa (TM) defective. The Defendants were engaged in the business of designing, licensing, manufacturing, distributing, selling, marketing, and/or introducing into interstate commerce, either directly or indirectly through third parties or related entities, the prescription anticoagulant drug sold under the name Pradaxa (TM), throughout the State of Connecticut. Pradaxa (TM) helps to prevent platelets in blood from sticking together and forming a blood clot. The cases are: -- Patricia Gerino, as the personal representative of the estate of Ronald Gerino, decedent, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16-6069424-S (June 29, 1976). Plaintiff's Counsel: 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 1025 Atlanta, GA 30328 Telephone: (800) 521 4492 Facsimile: (214) 526 6026 E-mail: rabney@lawyerworks.com -- Robert Laczek, and others similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16- 6069413-S (June 29, 1976). Plaintiff's Counsel: 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 1025 Atlanta, GA 30328 Telephone: (800) 521 4492 Facsimile: (214) 526 6026 E-mail: rabney@lawyerworks.com -- Diana Lawson, and others similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16- 6069419-S (June 29, 1976). Plaintiff's Counsel: 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 1025 Atlanta, GA 30328 Telephone: (800) 521 4492 Facsimile: (214) 526 6026 E-mail: rabney@lawyerworks.com -- John Mcgahan, and others similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16- 6069407-S (June 29, 1976). Plaintiff's Counsel: 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 - Brian J. Perkins, Esq. MEYERS & FLOWERS, LLC 3 North Second Street, Suite 300 St. Charles, IL 60174 Telephone: (630) 232 6333 Facsimile: (630) 845 8982 E-mail: bjp@meyers-flowers.com -- Joan Podunavac, individually, as next of kin and as personal representative of the estate of Sammy Podunavac, deceased, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16-6069405-S (June 29, 1976). Plaintiff's Counsel: 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 - Ellen A. Presby, Esq. NEMEROFF LAW FIRM 2626 Cole Ave., Suite 450 Dallas, TX 75204 Telephone: (214) 774 2258 Facsimile: (214) 393-7897 E-mail: ellenpresby@nemerofflaw.com -- Modelle Rich, and others similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16- 6069409-S (June 29, 1976). Plaintiff's Counsel: 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 1025 Atlanta, GA 30328 Telephone: (800) 521 4492 Facsimile: (214) 526 6026 E-mail: rabney@lawyerworks.com BOEHRINGER INGELHEIM: Faces 2 Lawsuits in Conn. Super. Ct. ---------------------------------------------------------- Two class action lawsuits have been filed against Boehringer Ingelheim Pharmaceuticals, Inc. and Boehringer Ingelheim International GmbH, in Connecticut Superior Court, Hartford Judicial District. The lawsuits seek compensatory, consequential and punitive damages, as a result of Defendants' reckless disregard for safety of patients, to whom Pradaxa (TM) was promoted and sold for use, and as a direct and proximate consequence of Defendants' reckless disregard for patient safety, in violations of the Connecticut Products Liability Act. According to the complaints, the Defendants negligently designed and formulated Pradaxa (TM) and its packaging, labeling, prescribing information and patient medication guide which rendered Pradaxa (TM) defective. The Defendants were engaged in the business of designing, licensing, manufacturing, distributing, selling, marketing, and/or introducing into interstate commerce, either directly or indirectly through third parties or related entities, the prescription anticoagulant drug sold under the name Pradaxa (TM), throughout the State of Connecticut. Pradaxa (TM) helps to prevent platelets in blood from sticking together and forming a blood clot. The cases are: -- Anna Brzenska, individually, as next of kin and as personal representative of the Estate of Edgar Beard, Deceased, and other similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16-6069573-S (July 6, 2016). Plaintiff's Counsel: 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 - Brian J. Perkins, Esq. MEYERS & FLOWERS, LLC 3 North Second Street, Suite 300 St. Charles, IL 60174 Telephone: (630) 232 6333 Facsimile: (630) 845 8982 E-mail: bjp@meyers-flowers.com -- Harvey Mccollum, individually, as next of kin and as personal representative of the Estate of Edgar Beard, Deceased, and other similarly situated, the Plaintiff, v. Boehringer Ingelheim Pharmaceuticals, Inc.; and Boehringer Ingelheim International Gmbh, the Defendants, Case No. HHD-CV-16-6069567-S (July 6, 2016). Plaintiff's Counsel: 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 - Matthew R. McCarley, Esq. Fears Nachawati, PLLC 4925 Greenville Avenue, Suite 715 Dallas, TX 75206 Telephone: (214) 890 0711 Facsimile: (214) 890 0712 E-mail: mccarley@fnlawfirm.com BOLLINGER SHIPYARDS: Class Certification Sought in "Munoz" Suit --------------------------------------------------------------- The Plaintiff asks the Court to grant conditional certification and approve the proposed class notice in the lawsuit captioned SILVIA MUNOZ, on behalf of herself and other persons similarly situated v. BOLLINGER SHIPYARDS, LLC and GURO ENTERPRISE, LLC and CESAR GUERRERO and JAG PREMIER, INC. and JORGE GUERRERO, Case No. 6:15-cv-02328-RGJ-PJH (W.D. La.). Ms. Munoz tells the Court that the parties have conferred and agreed to a class definition, class deadlines, and proposed class notice. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=aTRh7OuO The Plaintiff is represented by: Roberto Luis Costales, Esq. William H. Beaumont, Esq. Emily A. Westermeier, Esq. THE COSTALES LAW OFFICE 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 534-5005 E-mail: costaleslawoffice@gmail.com BR MART: "Pimentel" Suit Seeks Unpaid Wages Under Labor Code ------------------------------------------------------------ EDITH PIMENTEL, individually, and on behalf of other members of the general public similarly situated, the Plaintiff, v. B.R. MART, INC., a California corporation; and DOES 1-100, inclusive, the Defendant, Case No. BCG26169 (Cal. Super. Ct., July 6, 2016), seeks restitution for unpaid wages, prejudgment interest, reasonable attorneys' fees and costs pursuant to California labor Code. The Defendants allegedly violated California Business and Professions Code by failing to pay Plaintiff and class members all wages due to them, including regular and overtime wages; failing to provide compliant meal and rest periods to Plaintiff and class members and failing to pay premium wages when compliant meal and rest periods were not provided; failing to timely pay all wages due upon employees' resignation or termination under California Labor Code; and failing to provide Plaintiff and class members with compliant wage statements under California Labor Code. B.R. Mart is a small miscellaneous retail store in Beverly Hills, California. The Plaintiff is represented by: Ronald H. Bae, Esq. Olivia D, Scharrer, Esq. AEQUITAS LEGAL GROUP 1156 E. Green Street, Suite 200 Pasadena, CA 91106 Telephone: (213) 674 6080 Facsimile: (213) 674 6081 BUONA FORTUNA: "Camas" Seeks Unpaid Minimum Wage Under Labor Law ---------------------------------------------------------------- LUIS CAMAS ET AL, the Plaintiff, v. BUONA FORTUNA, INC., D/B/A BASSO 56 ET AL. the Defendants, Case No. 653418/2016 (N.Y. Sup. Ct. Fla., June 28, 2016), seeks to recover unpaid minimum wage, statutory damages, interest, reasonable attorneys' fees and costs, liquidated and other damages, and all other appropriate legal and equitable relief, pursuant to the New York State Labor Law (NYLL). The Plaintiff was employed by Defendants as a busboy, for approximately 6 months in the year 2012. The Defendants knowingly and willfully operated their business with a policy of not paying the New York State minimum wage to the Plaintiff and the Class Members due to the invalid tip-credit that Defendants claimed. The Defendants allegedly did not pay Plaintiff and the Class Members an hourly minimum wage rate of pay for all hours worked. The Defendants failed to provide Plaintiff and the Class Members with compliant notices required by NYLL. The Class is defined as: "All individuals employed in the State of New York by Defendants as tipped-employees including busboys, servers, bartenders, and food runners at any time during the six years prior to the filing of the original Complaint." The Plaintiff seeks an award of damages including unpaid wages, unpaid minimum wage, unpaid overtime wages, unpaid spread of hours wages, and damages for violations of the notices requirement of the NYLL. Defendants operate an Italian food restaurant. The Plaintiff is represented by: Gennadiy Naydenskiy, Esq. NAYDENSKIY LAW GROUP, P.C. 2747 Coney Island Ave Brooklyn, NY 11235 Telephone: (718) 808 2224 E-mail: naydenskiylaw@gmail.com BUSINESS FINANCIAL: Court Compels Discovery in Central Alarm Suit ----------------------------------------------------------------- Judge R. Steven Whalen granted the plaintiff's motion to compel discovery in the case captioned CENTRAL ALARM SIGNAL, INC., Plaintiff, v. BUSINESS FINANCIAL SERVICES, INC., BUSINESS CASH ADVANCE, INC., BFS WEST, INC., and JOHN DOES 1-10, Defendants, No. 14-14166 (E.D. Mich.). Judge Whalen ordered that all discovery, if not already produced, shall be produced within 21 days of the date of the order. A full-text copy of Judge Whalen's July 5, 2016 opinion and order is available at https://is.gd/npd5hZ from Leagle.com. Central Alarm Signal, Inc. brought this class action under the Telephone Consumer Protection Act, alleging that the defendants sent, or caused to be sent, unsolicited fax advertisements. Central Alarm Signal, Inc., Plaintiff, represented by Jason J. Thompson -- jthompson@sommerspc.com -- Sommers Schwartz, P.C., Ross M. Good -- rgood@andersonwanca.com -- Anderson Wanca, Ryan M. Kelly, Anderson & Wanca & Brian J. Wanca -- bwanca@andersonwanca.com -- Anderson & Wanca. Business Financial Services, Inc., Defendant, represented by David E. Plunkett -- deplunkett@wwrplaw.com -- Williams, Williams, Stuart M. Richter -- stuart.richter@kattenlaw.com -- Katten, Muchin, & Terance A. Gonsalves -- terance.gonsalves@kattenlaw.com -- Katten Muchin Rosenman LLP. Business Cash Advance, Inc., BFS WEST, INC., Defendant, represented by Stuart M. Richter, Katten, Muchin, & Terance A. Gonsalves, Katten Muchin Rosenman LLP. CARMAX AUTO: "Gomez" Suit Seeks Wages Under Labor Code ------------------------------------------------------ RYAN GOMEZ, JORGE IRATIETA, PARNY MILlEN, PATRICK ROE, ROBER SCHRINER, SERGE SHAHINIAN, JOSHUA TARIFF, PHILLIP VIENER, individually an on behalf of all other persons similarly situated, and on behalf of the general public, the Plaintiffs, v. CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, a California limited liability corporation; CARMAX AUTO SUPERSTORES WEST COAST, INC., California corporation; and DOES 1-30, inclusive, the Defendants, Case No. BC625611 (Cal. Super. Ct., June 29, 2016), seeks to recover wages and penalties caused by Defendants' violations of California laws, including: 1. failing to pay automobile sales consultants, including Plaintiffs, minimum wage for all hours worked, including time spent under the control of CARMAX performing non- commission work; 2. failing to pay overtime wages and/or pay overtime wages at the correct rate of pay to PLAINTIFFS and similarly- situated automobile sales consultants; 3. secretly paying a lower wage to automobile sales consultants, including PLAINTIFFS, than that provided for in their pay plan; 4. requiring automobile sales consultants, including Plaintiffs, to purchase and maintain their own tools (i.e. cell phones) needed to perform the required functions of the job and failing to pay at least double minimum wage for all time worked; 5. failing to provide automobile sales consultants, including Plantiffs, paid rest periods of at least 10 minutes per four 4 hours worked or major fraction and failing to pay such employees one hour of pay at the employee's regular rate of compensation for each paid rest period that was not provided; 6. failing to provide 30-minute uninterrupted meal periods as required by law and failing to pay such employees one hour of pay at the employee's regular rate of compensation for each meal period that was not provided; 7. failing to provide employees, including Plaintiffs, with accurate itemized wage statements because they did not include the number of piece-rate units earned, the, applicable rate, and the accurate gross and net wages earned because they were not compensated for all hours worked and all compensation due; and, 8. failing to provide automobile sales consultants, including Plaintiff, with timely payment of wages pursuant to California Labor Code. CarMax Auto advertises and sells cars as "certified" used vehicles. The Plaintiff is represented by: Shadle L. Berenji, Esq. Tsolik Kazandjian, Esq. Klran Preet Dhillon, Esq. BERENJI LAW FIRM, APC 8383 Wilshire Boulevard, Suite 708 Beverly Hills, CA 90211 Telephone: (310) 855 3270 Facsimile: (310) 855 3751 E-mail: berenji@employeejustice.law kazandjian@employeejustice.law dhillon@employeejustice.law CARMAX INC: Areso's Private Attorney General Act Claim Stayed ------------------------------------------------------------- CarMax, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 7, 2016, for the quarterly period ended May 28, 2016, that Areso's Private Attorney General Act claim has been stayed in California state court, pending arbitration. On April 2, 2008, Mr. John Fowler filed a putative class action lawsuit against CarMax Auto Superstores California, LLC and CarMax Auto Superstores West Coast, Inc. in the Superior Court of California, County of Los Angeles. Subsequently, two other lawsuits, Leena Areso et al. v. CarMax Auto Superstores California, LLC and Justin Weaver v. CarMax Auto Superstores California, LLC, were consolidated as part of the Fowler case. The allegations in the consolidated case involved: (1) failure to provide meal and rest breaks or compensation in lieu thereof; (2) failure to pay wages of terminated or resigned employees related to meal and rest breaks and overtime; (3) failure to pay overtime; (4) failure to comply with itemized employee wage statement provisions; (5) unfair competition; and (6) California's Labor Code Private Attorney General Act. The putative class consisted of sales consultants, sales managers, and other hourly employees who worked for the company in California from April 2, 2004, to the present. On May 12, 2009, the court dismissed all of the class claims with respect to the sales manager putative class. On June 16, 2009, the court dismissed all claims related to the failure to comply with the itemized employee wage statement provisions. The court also granted CarMax's motion for summary adjudication with regard to CarMax's alleged failure to pay overtime to the sales consultant putative class. The claims then remaining in the lawsuit regarding the sales consultant putative class were: (1) failure to provide meal and rest breaks or compensation in lieu thereof; (2) failure to pay wages of terminated or resigned employees related to meal and rest breaks; (3) unfair competition; and (4) California's Labor Code Private Attorney General Act. On March 30, 2016, the remaining claims asserted by Fowler were settled for an immaterial amount. The non-Private Attorney General Act claims asserted by Areso are subject to arbitration. Areso's Private Attorney General Act claim is stayed in the California state court, pending the arbitration. Subject to obtaining court approval, the parties have reached a settlement of the state court lawsuit and the arbitration for an immaterial amount. The proposed settlement amount has been accrued. The Areso lawsuit seeks compensatory and special damages, wages, interest, civil and statutory penalties, restitution, injunctive relief and the recovery of attorneys' fees. CARMAX INC: Continues to Defend Against "Weiss" Lawsuit ------------------------------------------------------- CarMax, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 7, 2016, for the quarterly period ended May 28, 2016, that the Company continues to defend against the Weiss lawsuit. On October 15, 2015, CarMax Auto Superstores California, LLC, and CarMax Auto Superstores West Coast, Inc. were served with a complaint filed on behalf of Mr. Craig Weiss in the Superior Court of California, County of Placer, asserting Private Attorney General Act violations. The Private Attorney General Act action is based on the following allegations with respect to CarMax sales consultants in California: (1) failure to compensate at least the minimum wage for all hours worked; (2) not providing accurate wage statements that showed all wages earned, all hours worked, all applicable pay rates, all applicable piece rates, all units earned, and applicable commission rates; (3) not indemnifying for employment-related expenses, including the cost of using personal cell phones to perform business tasks; (4) not maintaining documentation of the actual hours worked each day, all wages earned and meal breaks taken; and (5) not paying all wages due and owing upon termination of employment. The Weiss lawsuit seeks civil penalties, fines, cost of suit, and the recovery of attorneys' fees. "We are unable to make a reasonable estimate of the amount or range of loss that could result from an unfavorable outcome in this matter," the Company said. CASH AMERICA: "Samtoy" Suit Seeks to Block First Cash Merger ------------------------------------------------------------ ANDREW SAMTOY, on Behalf of Himself and All Others Similarly Situated and Derivatively on Behalf of CASH AMERICA INTERNATIONAL, INC., the Plaintiff, v. T. BRENT STUART, DANIEL R. FEEHAN, JACK R. DAUGHERTY, B. D. HUNTER, JAMES H. GRAVES, TIMOTHY J. MCKIBBEN, ALFRED M. MICALLEF, DANIEL E. BERCE, FIRST CASH FINANCIAL SERVICES, INC., and FRONTIER MERGER SUB, LLC, Defendants, and CASH AMERICA INTERNATIONAL, INC., a Texas corporation, Nominal Defendant, Case No. DC-16-08063 (D. Tex., July 6, 2016), seeks to enjoin defendants from further breaching their fiduciary duties and aiding and abetting Cash America's officers and directors' breaches of fiduciary duties in their pursuit of a sale of Cash America to First Cash at an unfair price through an unfair and self-serving process (Proposed Acquisition). On April 28, 2016, First Cash and Cash America announced that they had entered into an Agreement and Plan of Merger which contemplated an allstock, merger of equals. Upon completion of the Proposed Acquisition, Cash America stockholders will receive a fixed exchange ratio of 0.84 First Cash shares for each Cash America share they own, equating to approximately $40.90 per Cash America share based on Cash America's share price the day the Proposed Acquisition was announced (Proposed Consideration). The Proposed Consideration represents an unaffected premium of only 2.7% to Cash America's stock price before the announcement of the Proposed Acquisition. The Proposed Acquisition is the result of an unfair and self-serving process that produced consideration of $40.90, which materially undervalues the Company. Cash America is a provider of specialty financial services to individuals at more than 900 locations in twenty states. The Company is the largest provider of secured nonrecourse loans, commonly referred to as pawn loans, generating revenues of well over $250 million per fiscal quarter and rising. The Plaintiff is represented by: Joe Kendall, Esq. Jamie J. Mckey, Esq. KENDALL LAW GROUP, PLLC 3232 McKinney Avenue, Suite 700 Dallas, TX 75204 Telephone: (214) 744 3000 Facsimile: (214) 744 3015 E-mail: jkendall@kendalllawgroup.com jmckey@kendalllawgroup.com - and - Brian J. Robbins Stephen J. Oddo Nichole T. Browning 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 nbrowning@robbinsarroyo.com CELADON TRUCKING: 8th Cir. Affirms District Court Ruling in "Day" ----------------------------------------------------------------- The United States Court of Appeals for the Eighth Circuit affirmed the judgment of the district court in a class action lawsuit against Celadon Trucking Services, Inc. The appellees are a class of former employees of non-party Continental Express, Inc.. The employees brought a class action lawsuit against Celadon Trucking Services, Inc., alleging that Celadon violated the Worker Adjustment and Retraining Notification (WARN) Act. The district court certified the class under Federal Rule of Civil Procedure 23(b)(3), granted partial summary judgment in favor of the employees as to WARN Act liability, and awarded the employees damages due under the WARN Act. Celadon appealed the judgment of the district court, arguing that (1) it is not liable under the WARN Act, (2) the district court committed multiple errors on the class-certification issue, (3) the district court relied on inadmissible evidence in awarding damages to the employees, and (4) the district court erred in rejecting its good- faith defense under the WARN Act. The appellate case is captioned Stuart R. Day, On behalf of themselves and all others similarly situated; Robert Sweeten, On behalf of themselves and all others similarly situated; Deborah McElroy, On behalf of themselves and all others similarly situated; James White, On behalf of themselves and all others similarly situated; Laura White, On behalf of themselves and all others similarly situated; Carol Myers, On behalf of themselves and all others similarly situated; Ronald Baird, On behalf of themselves and all others similarly situated; Michael Hasler, On behalf of themselves and all others similarly situated; Gary Ivy, Jr., On behalf of themselves and all others similarly situated; Deborah Place, On behalf of themselves and all others similarly situated; Randall Peters, On behalf of themselves and all other similarly situated; Jonathan Chudy, On behalf of themselves and all other similarly situated; Norman Evans, Jr., On behalf of themselves and all other similarly situated; Paula Rogers, On behalf of themselves and all other similarly situated; Samuel Lister, On behalf of themselves and all other similarly situated; Corey Hall, On behalf of themselves and all other similarly situated; James Roachell, On behalf of themselves and all other similarly situated; Sonia Sexton, On behalf of themselves and all other similarly situated; Julie Daniels, On behalf of themselves and all other similarly situated; Lynda Tenny, On behalf of themselves and all others similary situated; Robert Williamson, On behalf of themselves and all others similarly situated; Kathleen Smith, On behalf of themselves and all others similarly situated; Connie DeNoon, On behalf of themselves and all others similarly situated; Kimberly Brown, On behalf of themselves and all others similarly situated; Leah Burton, On behalf of themselves and all others similarly situated; Barbara Pitts, On behalf of themselves and all others similarly situated; James Sanders, On behalf of themselves and all others similarly situated; Kelly Webb, On behalf of themselves and all others similarly situated; Jon Stark, On behalf of themselves and all others similarly situated; Kevin Mayes, On behalf of themselves and all others similarly situated; Sandra Luckey, On behalf of themselves and all others similarly situated; Tod Williams, On behalf of themselves and all others similarly situated; Karla Marina, On behalf of themselves and all others similarly situated; Tracey Hawkins, On behalf of themselves and all others similarly situated; James E. Browning, On behalf of themselves and all others similarly situated; James Browning, On behalf of themselves and all others similarly situated; Andrew Shelton, On behalf of themselves and all others similarly situated; Michael Masters, On behalf of self and others similarly situated; John Pitts, On behalf of self and all others similarly situated; Keith Adcock, On behalf of self and all others similarly situated; Timothy Hodnett, On behalf of self and all others similarly situated; Ford Young, On behalf of self and all others similarly situated; Merinda Uitermarket, On behalf of self and all others similarly situated; Lindsey Powers, On behalf of self and all others similarly situated, Plaintiffs-Appellees, v. Celadon Trucking Services, Inc., Defendant-Appellant, No. 15-1711 (8th Cir.). A full-text copy of the Eighth Circuit's July 5, 2016 ruling is available at https://is.gd/NnfaZh from Leagle.com. Abraham Bogoslavsky, Melissa Carol Krebs, John R. Myers, for Stuart R. Day, Robert Sweeten, Deborah McElroy, James White, Laura White, Carol Myers, Ronald Baird, Michael Hasler, Gary Jr. Ivy, Deborah Place, Randall Peters, Jonathan Chudy, Norman Evans, Jr., Paula Rogers, Samuel Lister, Corey Hall, James Roachell, Sonia Sexton, Julie Daniels, Lynda Tenny, Robert Williamson, Kathleen Smith, Connie DeNoon, Kimberly Brown, Leah Burton, Barbara Pitts, James Sanders, Kelly Webb, Jon Stark, Kevin Mayes, Luckey, Tod Williams, Karla Marina, Tracey Hawkins, James E. Browning, James Browning, Andrew Shelton, Michael Masters, John 5eszPitts, Keith Adcock, Timothy Hodnett, Ford Young, Merinda Uitermarket, Lindsey Powers, Plaintiffs-Appellees. Angela Stemle Cash -- acash@scopelitis.com -- Alvin Jack Finklea -- jfinklea@scopelitis.com -- Vincent M. Ward -- vward@wolfflawfirm.net -- Rufus Ellision Wolff -- rwolff@wolfflawfirm.net -- Eric John Magnuson -- emagnuson@robinskaplan.com -- Katherine Susan Barrett Wiik -- kbarrettwiik@robinskaplan.com -- for Celadon Trucking Services, Inc., Defendant-Appellant. CELADON TRUCKING: "Calhoun" Class Suit Removed to C.D. California ----------------------------------------------------------------- The class action lawsuit captioned Corey Calhoun, an individual, on behalf of himself and on behalf of all persons similarly situated v. Celadon Trucking Services, Inc. and Does 1 through 50, inclusive, Case No. CIVDS1606246, was removed from the San Bernardino County Superior Court to the U.S. District Court for the Central District of California. The District Court Clerk assigned Case No. 5:16-cv-01351 to the proceeding. The Defendants own and operate a trucking company located at 7240 N Interstate 35 East Service Rd, Waxahachie, TX 75165 Corey Calhoun is a pro se plaintiff. The Defendant is represented by: Tae Kim OGLETREE DEAKINS NASH SMOAK AND STEWART PC 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: (213) 239-9800 Facsimile: (213) 239-9045 E-mail: tae.kim@ogletreedeakins.com CENTRAL LOAN: Faces "Jones" Suit in Southern District Florida ------------------------------------------------------------- A class action lawsuit has been commenced against Central Loan Administration & Reporting d/b/a Cenlar FSB and American Security Insurance Company. The case is captioned Harry Jones and Glory Jones, on behalf of themselves and all others similarly situated v. Central Loan Administration & Reporting d/b/a Cenlar FSB and American Security Insurance Company, Case No. 1:16-cv-22428-RNS (S.D. Fla., June 23, 2016). Central Loan Administration & Reporting is a loan servicing provider, engaged in mortgage loan servicing and mortgage subservicing. The Plaintiff is represented by: Rachel Sullivan, Esq. Robert J. Neary, Esq. Thomas A. Tucker Ronzetti, Esq. Adam M. Moskowitz, Esq. KOZYAK, TROPIN & THROCKMORTON, P.A. 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, FL 33134 Telephone: (305) 728-2969 Facsimile: (305) 961-1033 E-mail: rs@kttlaw.com rn@kttlaw.com TR@kttlaw.com AMM@kttlaw.com CF MANAGEMENT: "Maldonado" Suit Seeks Overtime Pay Under FLSA ------------------------------------------------------------- Jose Maldonado, individually and on behalf of other employees similarly situated, the Plaintiffs v. CF Management IL, LLC, d/b/a XSport Fitness, the Defendant, Case No. 1:16-cv-07017 (N.D. Ill., July 6, 2016), seeks redress for Defendants' willful violations of the Fair Labor Standards Act (FLSA), and the Illinois Minimum Wage Law (IMWL) for Defendants' failure to pay Plaintiff and other similarly situated employees overtime wages for hours worked in excess of 40 hours in a week. The Plaintiff also seeks redress for Defendants' violation of the Illinois Wage Payment and Collection Act, for Defendants' failure to pay Plaintiffs for all time worked at the rate agreed to by the parties. The Defendants have allegedly failed to keep proper time records tracking Plaintiff's time worked and have failed to post a notice of rights. XSport Fitness is in the health and fitness business. The Plaintiff is represented by: Raisa Alicea, Esq. CONSUMER LAW GROUP, LLC 6232 N. Pulaski, Suite 200 Chicago, IL 60646 Telephone: (312) 800 1017 E-mail: ralicea@yourclg.com CFRA LLC: Court Granted Class Certification Bid in "Corbin" Suit ---------------------------------------------------------------- The Magistrate Judge entered an order in the class action lawsuit styled LIMECCA CORBIN, on behalf of herself and similarly situated employees, et al., the Plaintiffs, CFRA, LLC, the Defendant, Case No. 1:15-CV-405 (M.D. N. Car.), granting Plaintiffs' motion for conditional certification and court-authorized notice. The class is defined as: "All current and former Servers employed by the defendant CFRA, LLC at one of its IHOP restaurants during any workweek within the last three years that the Defendant attempted to pay in accordance with Fair Labor Standards Act's tip credit provision." Within 21 days of the filed date of this order, the Defendant is directed to produce to the Plaintiffs' counsel a computer-readable list of the names, last known mailing addresses, last known telephone numbers, last known email addresses, date of work, and work locations for all Collective Members. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=1MklSikL CLOUGHERTY PACKING: Garcia Seeks Minimum Wages Under Labor Code --------------------------------------------------------------- ADRJANA GARCIA, an individual, on behalf of herself and all others similarly situated, the Plaintiff, v. CLOUGHERTY PACKING, LLC, a Delaware limited liability company; and DOES I through 50, inclusive, the Defendants, Case No. BC625289 (Cal. Super. Ct., June 28, 2016), seeks to recover wages and penalties from unpaid wages earned and due, including but not limited to unpaid minimum wages, unpaid and illegally calculated overtime compensation, illegal meal and rest period policies, failure to pay all wages due to discharged and quitting employees, failure to indemnify employees for necessary expenditures and/or losses incurred in discharging their duties, failure to provide accurate itemized wage statements, failure to maintain required records, and interest, attorneys' fees, costs, and expenses, pursuant to California Labor Code and Industrial Welfare Commission Wage Order. The Defendants have allegedly refused to perform their obligations to compensate Plaintiff and Class members for all wages earned and all hours worked. As a proximate result, Plaintiff and Class members have suffered, and continue to suffer, substantial losses related to the use and enjoyment of such wages, lost interest on such wages, and expenses and attorneys' fees in seeking to compel Defendants to fully perform their obligations. The Class is defined as: "All current and former non-exempt employees of Defendants in the State of California at any time within the period beginning four years prior to the filing of this action and ending at the time this action settles or proceeds to final judgment." Clougherty Packing, doing business as Farmer John Meats, manufactures meat products. It offers bacons, breakfast sausages, fresh pork, and ham products. The Plaintiff is represented by: Matthew J. Matern, Esq. Matthew W. Gordon, Esq. Amanda S. Naoufal, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531 1900 Facsimile: (310) 531 1901 COACH INC: Vaughn Seeks Unpaid Premium Wages Under Labor Code ------------------------------------------------------------- MARTHA VAUGHN, on behalf herself, all others similarly situated, the Plaintiff, v. COACH, INC DBA COACH LEATHERWARE CALIFORNIA, a Maryland corporation; and DOES 1-18, inclusive, the Defendants, Case No. RG16821490 (Cal. Super. Ct., June 29, 2016), seeks to recover unpaid premium wages, interest and costs of suit, under California Labor. Plaintiff alleges that as a result of Defendant's practice and policy of misclassification of employees as exempt, they were: 1. Not provided with meal periods. 2. Not provided with rest periods. 3. Not provided with overtime and/or double time wages. 4. Not provided with accurate wage statements. 5. Not provided with timely final wages. Coach is an American luxury fashion company based in New York City. The Plaintiff is represented by: Shaun Setareh, Esq. Thomas Segal, Esq. SETAREH LAW GROUP 19454 Wilshire Boulevard, Suite 907 Beverly Hills. CA 90212 Telephone: (310) 888 7771 Facsimile: (310) 888 0109 E-mail: shaun@setarehlaw.com thomas@setarehlaw.com COLUMBIA MIYABI: "Rich" Suit Seeks to Recover Unpaid OT Wages ------------------------------------------------------------- Christopher Rich, on behalf of himself and all others similarly situated v. Columbia Miyabi, Inc.; Capital Japan, Inc. d/b/a Miyabi; United Will Kyoto USA, Inc.; Koichiro Hirao, Koichiro Maeda, and John Doe 1-10, Case No. 2:16-cv-02148-PMD (D.S.C., June 23, 2016), seeks to recover unpaid overtime wages, liquidated damages, attorneys' fees and costs, and other relief under the Fair Labor Standards Act. The Defendants own and operate Miyabi Japanese Steak & Sushi Bar located at 4420 Oleander Drive, Suite 204, Myrtle Beach, South Carolina 29577. The Plaintiff is represented by: Bruce E. Miller, Esq. BRUCE E. MILLER, P.A. 147 Wappoo Creek Drive, Suite 603 Charleston, SC 29412 Telephone: (843) 579-7373 Facsimile: (843) 614-6417 E-mail: bmiller@brucemillerlaw.com COMPLIANCE STAFFING: Court Granted Class Cert. Bid in "Rangel" -------------------------------------------------------------- The Hon. Clay D. Land entered an order in the class action lawsuit captioned ADRIAN RANGEL, individually and on behalf of all similarly situated individuals, et al., the Plaintiffs, v. COMPLIANCE STAFFING AGENCY, LLC, et al., the Defendants, Case No. 3:16-cv-00030-CDL (M.D. Ga.), granting certification of a FLSA Class: "All hourly workers who, in connection with the pallet rack assembly process, performed services in the positions of forklift operator, scissor-lift operator, or floor-man for the Defendant (including any workers placed with Defendant Elite Storage Solutions, LLC by Defendant Compliance Staffing Agency, LLC) and who were classified as independent contractors at any time during the last three years." The Defendants shall provide Plaintiffs' counsel with a list of all individuals who are potential opt-in plaintiffs based on the class as defined above. The list shall be in electronic format and shall include each individual's name, job title, last known address, email address, telephone number, employment dates, and employment location. Compliance Staffing is a staffing company who specializes in supplying safe, efficient, and productive employees to the energy industry. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=zuzJtGim CRIUS ENERGY: "Staunches" Suit to Recover Overtime Pay ------------------------------------------------------ Jessica Staunches, on behalf of herself and those similarly situated, Plaintiff, v. Crius Energy Management, LLC, Defendant, Case No. 8:16-cv-01941 (Fla. Cir., July 5, 2016), seeks to recover overtime compensation, liquidated damages and reasonable attorneys' fees and costs. Crius is an independent energy retailer providing electricity, natural gas and solar products to over 600,000 residential and commercial customers where Plaintiff has worked for Crius as a customer care employee at their Pinellas Park, Florida location. The Plaintiff is represented by: C. Ryan Morgan, Esq. Morgan & Morgan, PA 20 N Orange Ave Ste 1600 Orlando, FL 32801 Tel: (407) 420-1414 Fax: (407) 245-3401 Email: rmorgan@forthepeople.com CRYO-CELL INTERNATIONAL: To Defend Against Delaware Class Action ---------------------------------------------------------------- Cryo-Cell International, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 11, 2016, for the quarterly period ended May 31, 2016, that the Company believes a class action litigation is without merit and intends to defend the litigation vigorously. On January 20, 2016, a class action complaint was filed in the Court of the Chancery of the State of Delaware against the Company and certain current officers and directors of the Company (Case No. 11915-VCG). The complaint alleges breaches of fiduciary duties and is seeking appropriate injunctive relief and a declaratory judgment against defendants that a certain provision of the Company's Amended and Restated Bylaws, as amended through September 22, 2014 is in violation of Section 141(k) of the Delaware General Corporation Law. The Company believes the litigation is without merit and intends to defend the litigation vigorously. The Company's maximum deductible under its Directors and Officers insurance policy for this claim is $500,000. CVS PHARMACY: "Dorfman" Class Suit Removed to S.D. California ------------------------------------------------------------- The class action lawsuit entitled Robert Dorfman, individually and on behalf of all others similarly situated v. CVS Pharmacy, Inc. and Does 1 through 10, Case No. 37-02016-00017884-CU-NP-CTL, was removed from the Superior Court, San Diego County, Central Division to the U.S. District Court Southern District of California (San Diego). The District Court Clerk assigned Case No. 3:16-cv-01596-JLS-JMA to the proceeding. CVS Pharmacy, Inc. operates a pharmacy chain throughout the United States. The Plaintiff is represented by: Deval Zaveri, Esq. ZAVERI TABB, APC 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: (619) 398-4768 Facsimile: (619) 756-6991 E-mail: dev@zaveritabb.com The Plaintiff is represented by: Mark S. Eisen, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP 70 W. Madison Street, 48th Floor Chicago, IL 60602 Telephone: (312) 499-6300 Facsimile: (312) 499-6301 E-mail: meisen@sheppardmullin.com DAGNACHEW AND ASSOC: Baziotis Seeks OT Wages Under Labor Code ------------------------------------------------------------- STEFANOS BAZIOTIS and XENOFON BAZIOTIS, individually and on behalf of all other persons similarly situated who were employed by DAGNACHEW AND ASSOCIATES, INC., the Plaintiffs, v. DAGNACHEW AND ASSOCIATES, INC., the Defendants, Case No. 55615/2016 (N.Y. Sup. Ct., July 6, 2016), seeks to recover unpaid overtime wages and prevailing wages and benefits that the Plaintiffs and the members of the putative class were statutorily and contractually entitled to receive for work that they performed on publicly-financed projects contracted with government entities such as the City of New York, the Triborough Bridge and Tunnel Authority, and the New York City Transit Authority, pursuant to the New York Labor Law. The publicly-financed project locations include but are not limited to the following: Throgs Neck Bridge electrical upgrades; electrical and signal work on the Culver line in Brooklyn; Pitkin Shop and Power Upgrade at Concourse Shop in the Boroughs of Brooklyn and The Bronx; and electrical work associated with HVAC fixes in communication rooms (electrical installation, instrumentation and communications work). These and all other publicly-financed projects were undertaken and performed by Defendant Dagnachew since 2010. Dagnachew is engaged in the electrical contracting and construction business. The Plaintiff is represented by: Lloyd Ambinder, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street New York, NY 10004 Telephone: (212) 943-9080 Facsimile: (212) 943-9080 E-mail: Lambinder@vandallp.com DARDEN RESTAURANTS: Tocci Seeks Unpaid Wages Under Labor Code ------------------------------------------------------------- KURT TOCCI, an individual, and on behalf of others similarly situated, the Plaintiff, v. DARDEN RESTAURANTS, INC., a Florida Corporation; GMRI, INC., a Florida Corporation; YARD HOUSE USA, INC., a Delaware Corporation; YARD HOUSE NORTHRIDGE LLC., a California Limited Liability Company; and DOES 1-100, inclusive, the Defendants, Case No. 0:15-cv-62634-PAS (S.D. Fla., June 29, 2016), seeks to recover penalties arising from unpaid wages earned and due, including but not limited to unpaid and illegally calculated overtime compensation, illegal meal and rest period policies, failure to pay all wages due to discharged or quitting employees, failure to maintain required records, failure to provide accurate itemized wage statements, failure to timely pay wages during employment, failure to indemnify employees for necessary expenditures and/or losses incurred in discharging their duties, pursuant to California Labor Code. Darden Restaurants is an American multi-brand restaurant operator headquartered in Orlando. The Plaintiff is represented by: Matthew l Matern, Esq. Dalia Khalili, Esq. Daniell Bass, Esq. MATERN LAW GROUP, P.C. 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531 1900 Facsimile: (310) 531 1901 DELANO FARMS: "Paniagua" Suit Seeks to Recover Unpaid Overtime -------------------------------------------------------------- Isidro Paniagua, individually and on behalf of all others similarly situated v. Delano Farms Company, Cal-Pacific Farm Management, L.P.; T&R Bangi's Agricultural Services, Inc.; Kern AG Labor Management, Inc., La Vina Contracting, Inc. and Does 1 through 10 inclusive, Case No. 1:16-at-00486 (E.D. Cal., June 23, 2016), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. The Defendants are engaged in the ownership and operation of vineyards and packing sheds located in and around Kern County and Tulare County, California. The Plaintiff is represented by: Mario Martinez, Esq. Thomas Patrick Lynch, Esq. Edgar I. Aguilasocho, Esq. Anna K. Walther, Esq. MARTINEZ AGUILASOCHO & LYNCH, APLC Bakersfield, CA 93304 Telephone: (661) 859-1174 Facsimile: (661) 840-6154 E-mail: mmartinez@farmworkerlaw.com - and - William C. Callaham, Esq. LAW OFFICE OF WILCOXEN CALLAHAM, LLP 2114 K Street Sacramento, CA 95816 Telephone: (916)442-2777 Facsimile: (916)442-4118 - and - Gregory J. Ramirez, Esq. Allen R. Ball, Esq. LAW OFFICE OF BALL & YORKE 1001 Partridge Drive, Suite 330 Ventura, CA 93003 Telephone: (805) 642-5177 Facsimile: (805) 642-4622 DELTA MANAGEMENT: Faces "Cunningham" Suit in D.N.J. --------------------------------------------------- A class action lawsuit has been filed against Delta Management Associates, Inc. The case is captioned SHARON R. CUNNINGHAM, On behalf of herself and all others similarly situated, the Plaintiff, v. DELTA MANAGEMENT ASSOCIATES, INC., and JOHN DOES 1- 25, the Defendant, Case No. 2:16-cv-03887-SDW-SCM (D.N.J., June 29, 2016). The assigned Judge is Hon. Susan D. Wigenton. Delta offers superior recovery and default management solutions to higher education, government and financial services clients nationwide. The Plaintiff is represented by: Ari Hillel Marcus, Esq. MARCUS ZELMAN LLC 1500 Allaire Avenue, Suite 101 Ocean, NJ 07712 Telephone: (732) 695 3282 Facsimile: (732) 298 6256 E-mail: ari@marcuszelman.com DNC SERVICES: Sued in Fla. Over Biased Support to Hillary Clinton ----------------------------------------------------------------- WILDING; STANLEY RIFKEN; SHARON CRAWFORD; WILLIAM SCOTT FRANZ; DAVID PULASKI; MARY JASMINE WELCH; JOSE ALBERTO GONZALEZ; JANE ELLEN PLATTNER; KIM MARIE HOULE; TIMOTHY BINGEN; SUSAN REED; ANGELA MONSON; AIMEE R. COLEMAN; ELESHA SNYDER; MATTHEW SHAW; ZACHARY JAMES HANEY; ESTRELLA GONZALEZ; CATHERINE G. CYKO; LAURA GENNA; MARIANNE BLAIR; TAMARA L. JOHNSTON; VALERIE ELYSE RESCH; BRETT TEEGARDIN; DANIEL O'MEARA; PEGGY LEW; DANIEL J. REYNOLDS; BRENDA LEE SMITH; MARLOWE ST. CLOUD PRIMACK; PATRICIA D. CASSIDY; BRITTANY R. MUSICK; HARRIS BIERHOFF; FELICIA MICHELLE TAYLOR; SUSAN L. SINGER; KYLE G. BRAUND; LAUREN HALE; WILLIAM CRANDALL; KIRSTEN HURST; DUFFY ROBERT WEISS; CONNIE ANDERSON; GREGORY WITKOWSKI; ELIZABETH FIGUEROA; BRANDY KINCAID; KIMBERLY ALBERTS; RACHEL RODERICK; LAURA MICHELLE VAUGHN; TWANA SPARKS; LISA GALE; TAMMY DEITCH-COULTER; KAYITE ASHCRAFT; ALECIA R. DAVIS; DOMINIC RONZANI; LUKE GRIM; ROSALIE CONSIGLIO; EDWIN LUGO; HEATHER DADE; MICHAEL S. REED; RHIANNON CRANDALL; KATHRYN BAILEY; RYAN GHAN; LISA SETTLE; YALONDA DYE COOPER; DANIEL S. COOPER; MATTHEW JOSEPH BRADY; ANDREW ROUSSEAU; SUSAN CATTERALL; JULIE HAMPTON; CHRIS BUBB; ERIK FURREBOE; ZEKE SHAW; BENJAMIN ILARRAZA; LUCILLE GROOMS; CHRISTINE MAIURANO; LEWIS L. HUMISTON, IV; JOHN LYNCH; JAMES SIMON; LESTER JOHN BATES, III; JEFFREY GOLDBERG; RICK WASHIK; RICHARD BOOKER; KARLIE COLE; ERICH SPARKS; PRABU GOPALAKRISHNAN; CARLOS VILLAMAR; CAROLYN JACOBSON; DAN ELLIS DUDLEY; LISA ANNE MENEELY; D.J. BUSCHINI; RAYMOND D. MAXWELL; DAVID L. MEULI; KENNETH E. PUCKETT; DAVID N. PYLES; CYNTHIA T. CHAN; STEFANIE BIRDSONG; AMBER RAE KNOWLTON; TIMO A. JOHANN; JEFF ROGERS; HEATHER JORDAN; RA NA KANGAS-KENT; SUSAN FRISBIE; BAKH INAMOV; THEDA LARSON-WRIGHT; KIRSTEN HOFFMAN; ANTHONY GRUDIN; BRUCE BUSTO; SUZANNE M. CORK; EMMA L. YOUNG; SEAN LYNCH; SHERRY DAVIS; NANCY BERNERS-LEE; PHYLLIS CRIDDLE; AUSTIN DREISORNELAS; MELISSA LIANG; JOSEPH GLEASON; GRETA MICKEY; DIANE EMILY DREYFUS; KATHLEEN L. DODGE; CATHERINE WILLOTT; TRISTAN BURGENER; SHARON JANIS; and ERIK MICHAEL FERRAGUT, individually, and on behalf of all those similarly situated, the Plaintiffs, v. DNC SERVICES CORPORATION, d/b/a DEMOCRATIC NATIONAL COMMITTEE (DNC); and DEBORAH "DEBBIE" WASSERMAN SCHULTZ, the Defendants, Case No. 0:16-cv-61511-WJZ (S.D. Fla., June 28, 2016), seeks declaratory and injunctive relief and enjoining, preliminarily and permanently, Defendants' violation of and failure to follow the Charter and Bylaws of the Democratic Party. Despite the requirements in the Charter, and in spite of the multiple public declarations of neutrality and impartiality with respect to the Democratic primary process, the DNC was not neutral. To the contrary, the DNC was biased in favor of one candidate -- Hillary Clinton -- from the beginning and throughout the process. The DNC devoted its considerable resources to supporting Clinton above any of the other Democratic candidates. Through its public claims to being neutral and impartial, the DNC actively concealed its bias from its own donors as well as donors to the campaigns of Clinton's rivals, including Bernie Sanders. The Plaintiffs seek exemplary/punitive damages as against Defendants. The Plaintiffs further demand a jury trial on all issues so triable. The three proposed classes collectively referred to as the Classes are: a) All people or entities who have contributed to the DNC from January 1, 2015 through the date of this action (DNC Donor Class); b) All people or entities who have contributed to the Bernie Sanders campaign from January 1, 2015 through the date of this action (Sanders Donor Class); and c) All registered members of the Democratic Party (Democratic Party Class). The DNC is the formal governing body for the United States Democratic Party. The DNC is responsible for coordinating strategy in support of Democratic Party candidates for local, state, and national office. The Plaintiff is represented by: Jared H. Beck Elizabeth Lee Beck BECK & LEE TRIAL LAWYERS Corporate Park at Kendall 12485 SW 137th Ave., Suite 205 Miami, FL 33186 Telephone: (305) 234 2060 Facsimile: (786) 664 3334 E-mail: jared@beckandlee.com elizabeth@beckandlee.com - and - Cullin O'Brien CULLIN O'BRIEN LAW, P.A. 6541 NE 21st Way Fort Lauderdale, FL 33108 Telephone: (561) 676 6370 Facsimile: (561) 320 0285 E-mail: cullin@cullinobrienlaw.com - and - Antonino G. Hernandez, Esq. ANTONINO G. HERNANDEZ P.A. 4 SE 1st Street, 2nd Floor Miami, FL 33131 Telephone: (305) 282 3698 Facsimile: (786) 513 7748 E-mail: Hern8491@bellsouth.net DOUGLAS HERRERA: "Rosario" Suit to Recover Overtime Pay ------------------------------------------------------- Maria Altagracia Rosario a/k/a Maria Alta Rosario a/k/a Maria Rosario, on behalf of herself and all others similarly situated, Plaintiff, v. Douglas Herrera, D.D.S., M.S.C.D., P.A. and Douglas M. Herrera, individually, Defendants, Case No. 2:16-cv-01486 (E.D. Cal., June 30, 2016), seeks to recover monetary damages for unpaid overtime compensation, and retaliation under the Fair Labor Standards Act. Defendant operates dentistry services or dental facilities and related services in Miami-Dade County and Broward County, Florida. Rosario worked as a dental assistant. Plaintiff is represented by: Steven L. Schwarzberg, Esq. Lisa M. Kohring, Esq. SCHWARZBERG & ASSOCIATES 625 North Flagler Drive, Suite 600 West Palm Beach, FL 33401 Telephone: (561) 659-3300 Facsimile: (561) 693-4540 Email: lkohring@schwarzberglaw.com mail@schwarzberglaw.com steve@schwarzberglaw.com EFT HOLDINGS: Wang Class Action Lawsuit Dismissed ------------------------------------------------- EFT Holdings, Inc. said in its Form 10-K Report filed with the Securities and Exchange Commission on July 12, 2016, for the fiscal year ended March 31, 2016, that the parties in the Wang class action lawsuit have stipulated to a voluntary dismissal of Plaintiffs' claims with prejudice. On November 27, 2013, a class action entitled Li, et al. v. EFT Holdings, Inc., et al. was filed on behalf of a putative class of all purchasers of one or more of the Company's products against the Company and Jack Qin in the United States District Court for the Central District of California. On April 29, 2015, the court consolidated this action with the Wang, et al. v. EFT Holdings, Inc., et al. action. On May 7, 2015, Plaintiffs voluntarily dismissed the claims of the individual plaintiffs without prejudice. On November 27, 2013, a class action entitled Li, et al. v. Qin, et al. was filed on behalf of a putative class of all purchasers of the Company's products against the Company and certain of its current and former officers and directors in the United States District Court for the Central District of California. On April 29, 2015, the court consolidated this action with the Wang, et al. v. EFT Holdings, Inc., et al. action. On May 7, 2015, Plaintiffs voluntarily dismissed the claims of the individual plaintiffs without prejudice. On January 30, 2015, a class action entitled Wang, et al. v. EFT Holdings, Inc., et al. was filed on behalf of a putative class of all purchasers of the Company's products against the Company and certain of its current and former officers and directors in the United States District Court for the Central District of California. On April 29, 2015, the court consolidated this action with the Li, et al. v. Qin, et al. and Li, et al. v. EFT Holdings, Inc., et al. actions. On May 7, 2015, Plaintiffs filed a motion for class certification, which was fully briefed by the parties. On December 14, 2015, the court denied Plaintiffs' motion for class certification. On April 6, 2016, the parties stipulated to a voluntary dismissal of Plaintiffs' claims with prejudice. ENHANCED RECOVERY: Johnson Seeks Certification of Class ------------------------------------------------------- Mr. Erin Johnson in the class action lawsuit titled ERIN JOHNSON, on behalf of plaintiff and a class, the Plaintiff, v. ENHANCED RECOVERY COMPANY, LLC, the Defendant, Case No. 2:16-cv-00330-JTM- APR (N.D. Ind.), asks the Court to certify a class: "(a) All individuals in Illinois, Indiana or Wisconsin (b) who were sent a letter by defendant (c) offering a settlement (d) and stating that "your delinquent account may be reported to the national credit bureaus" (e) where the debt was reported to one or more national credit bureaus (Equifax, Trans Union, or Experian) on or before the date in the letter for receipt of the settlement, or first payment thereof (f) and the letter was sent at any time during a period beginning one year prior to the filing of this action and ending 21 days after the filing of this action." The Plaintiff further requests 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=9ygWOhJt The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Cassandra P. Miller, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 20 S. Clark Street, Suite 1500 Chicago, IL 60603 Telephone: (312) 739 4200 Facsimile: (312) 419 0379 ERBA DIAGNOSTICS: Plaintiff Filed Amended Class Action Complaint ---------------------------------------------------------------- ERBA Diagnostics, Inc. said in its Form 8-K Report filed with the Securities and Exchange Commission on July 7, 2016, that the named plaintiff has amended his Complaint to, among other things, seek damages in the amount of $8.1 million, modify the purported class period to be June 14, 2013 through November 20, 2015, and, in connection therewith, remove Ernesina Scala as a defendant and add people and entities as defendants. In December 2015, a class action was filed in the United States District Court for the Southern District of Florida against the Company and four of its current or former executive officers. The defendants were the Company, Mohan Gopalkrishnan, Ernesina Scala, Sanjiv Suri and Prakash Patel. The Complaint alleged generally that during the purported class period of April 15, 2014 through November 20, 2015, the Company and the named executive officers knowingly and/or recklessly disseminated or approved statements about the Company's business operation and prospects that were materially false and misleading and/or lacked a reasonable basis. The Complaint seeks to assert claims for violations of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, and Section 20(a) of the Securities Exchange Act of 1934 and seeks unspecified damages. The Company has been advised by ERBA Diagnostics Mannheim GmbH, the Company's principal stockholder ("ERBA Mannheim"), that ERBA Mannheim will not be joining this purported class action and will not be bringing a claim against the Company. On June 10, 2016, the named plaintiff amended his Complaint to, among other things, seek damages in the amount of $8.1 million, modify the purported class period to be June 14, 2013 through November 20, 2015, and, in connection therewith, remove Ernesina Scala as a defendant and add the following people and entities as defendants: Suresh Vazirani, the Company's executive chairman; Kevin Clark, the Company's former president and chief executive officer; Arlene Rodriguez, the Company's former principal financial officer, principal accounting officer and controller; Erba Mannheim, the Company's majority stockholder; Transasia Bio- Medicals Ltd., the parent company of Erba Mannheim; and Mayer Hoffman McCann P.C., the Company's independent registered public accounting firm. The litigation is in the preliminary stages. FAY SERVICING: Illegally Collects Debt, "Jakobovis" Suit Claims --------------------------------------------------------------- Yisroel Jakobovis, on behalf of himself and all other similarly situated consumers v. Fay Servicing, LLC, Case No. 1:16-cv-03470 (E.D.N.Y., June 23, 2016), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Fay Servicing, LLC operates as a specialty mortgage debt management company that provides servicing solutions for performing and non-performing mortgages. The Plaintiff is represented by: Maxim Maximov, Esq. MAXIM MAXIMOV, LLP 1701 Avenue P Brooklyn, NY 11229 Telephone: (718) 395-3459 Facsimile: (718) 408-9570 E-mail: m@maximovlaw.com FINANCIAL RECOVERY: Class Certification Sought in "Studer" Suit --------------------------------------------------------------- The Plaintiff in the lawsuit captioned GERARD STUDER, Individually and on Behalf of All Others Similarly Situated v. FINANCIAL RECOVERY SERVICES, INC., and LVNV FUNDING, LLC, Case No. 2:16-cv- 00909-NJ (E.D. Wisc.), moves the court to certify the class described in the complaint. The Plaintiff further asks that the Court both stay the motion for class certification and to grant the Plaintiff (and the Defendants) relief from the Local Rules setting automatic briefing schedules and requiring briefs and supporting material to be filed with the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As the Motion to Certify is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff asserts. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=tXyl5cvt The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482-8000 Facsimile: (414) 482-8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com FIRST NATIONAL: Faces "Campbell" Suit in South Carolina ------------------------------------------------------- A class action lawsuit has been filed against First National Collection Bureau Inc. The case is captioned Carolyn Campbell, on behalf of herself and all others similarly situated, the Plaintiff, v. First National Collection Bureau Inc., LVNV Funding LLC, and John Does 1-25, the Defendants, Case No. 1:16-cv-02342- JMC (D. S.C., June 29, 2016). The assigned Judge is Hon. J. Michelle Childs. First National is a collection agency specializing in the collection of older debt. The Plaintiff is represented by: David Andrew Maxfield, Esq. DAVID MAXFIELD LAW OFFICE 5217 N Trenholm Road, Suite B Columbia, SC 29206 Telephone: (803) 509 6800 E-mail: dave@consumerlawsc.com FLOWERS FOODS: Faces "Rosinbaum" Suit Over Failure to Pay OT ------------------------------------------------------------ Bobby Jo Rosinbaum and Robert William Morgan, Jr., individually and on behalf of all similarly situated individuals v. Flowers Foods, Inc. and Franklin Baking Co., LLC, Case No. 5:16-cv-00599- FL (W.D.N.C., June 23, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants are in the wholesale bakery business and rely on Distributors to deliver to and stock baked goods to grocery stores, mass retailers, and fast food chains. The Plaintiff is represented by: Ann Groninger, Esq. COPELEY JOHNSON GRONINGER PLLC 225 East Worthington Avenue Charlotte, NC 28203 Telephone: (704) 200-2009 Facsimile: (888) 412-0421 - and - Shawn J. Wanta Patricia A. Bloodgood BAILLON THOME JOZWIAK & WANTA LLP 100 South Fifth Street, Suite 1200 Minneapolis, MN 55402 Telephone: (612) 252-3570 Facsimile: (612) 252-3571 - and - Susan E. Ellingstad, Esq. Rachel A. Kitze Collins, Esq. LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339-6900 Facsimile: (612) 339-0981 E-mail: seellingstad@locklaw.com rakitzecollins@locklaw.com FOUNDATION ENERGY: Fails to Pay Workers OT, "Perdue" Suit Claims ---------------------------------------------------------------- Allan Perdue, individually and on behalf of all others similarly situated v. Foundation Energy Management, LLC, Case No. 3:16-cv- 01722-C (N.D. Tex., June 23, 2016), was brought against the Defendants for failure to pay overtime for hours worked in excess of 40 hours in a single workweek. Foundation Energy Management, LLC provides oil field services at well sites in the Northern District of Texas and throughout the United States. 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 GALENA BIOPHARMA: $20 Million Has Final Court Approval ------------------------------------------------------ Galena Biopharma, Inc. said in its Form 8-K Report filed with the Securities and Exchange Commission on July 12, 2016, that the U.S. District Court for the District of Oregon has entered a final order and partial judgment in In re Galena Biopharma, Inc. Securities Litigation, granting final approval of the settlement. On December 3, 2015, the Company agreed in principal to resolve and settle the securities putative class action lawsuit, In re Galena Biopharma, Inc. Securities Litigation, Civil Action No. 3:14-cv-00367-SI, against the Company, certain of the Company's current and former officers and directors and other defendants in the United States District Court for the District of Oregon. Following the hearing on June 23, 2016, on June 24, 2016, the U.S. District Court for the District of Oregon entered a final order and partial judgment in In re Galena Biopharma, Inc. Securities Litigation, granting final approval of the settlement. On the same day, the Court also issued an opinion and order awarding attorney's fees of $4.5 million plus costs, which is paid out of the settlement funds. The agreement provides for a settlement payment of $20 million to the class and the dismissal of all claims against the Company and the other defendants in connection with the consolidated federal securities class actions. Of the $20 million settlement payment to the class, $16.7 million was paid by the Company's insurance carriers and $2.3 million in cash was paid by the Company on July 1, 2016. Pursuant to the court order, the Company issued 480,053 shares of its common stock as part of the settlement on July 6, 2016 without registration in reliance on an exemption provided by Section 3(a)(10) of the Securities Act. GRACEY-DANNA: Faces "Arkin" Suit in Fla. Over Automated Calls ------------------------------------------------------------- Steven Arkin, individually and as the representative of a class of similarly-situated persons v. Gracey-Danna, Inc., MedPro Group Inc., The Medical Protective Company, Plico, Inc., Princeton Insurance Company, and John Does 1-5, Case No. 8:16-cv-01717-MSS- AAS (M.D. Fla., June 23, 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 located at 255 NE 6th Ave, Delray Beach, FL 33483. The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON & WANCA Suite 760, 3701 Algonquin Rd Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: rkelly@andersonwanca.com GRUBHUB HOLDINGS: Souran Seeks OT and Minimum Wages Under FLSA -------------------------------------------------------------- THOMAS SOURAN, KELLY REARDON, ROY WILKIE, CARMEN GONZALEZ, LOUIS RAMZY, and ADAM SMITH, Individually and on behalf of all other similarly individuals, the Plaintiffs, v. GRUBHUB HOLDINGS INC. and GRUBHUB INC., the Defendants, Case No. 1:16-cv-06720 (N.D. Ill., June 28, 2016), seeks to recover overtime pay and minimum wages, pursuant to the federal Fair Labor Standard Act (FLSA), the Illinois Minimum Wage Law, the Oregon wage-and-hour laws, the Pennsylvania Minimum Wage Act, the New York Labor, and the Connecticut Minimum Wage and Overtime Statutes GrubHub has allegedly misclassified its delivery drivers as independent contractors and, in so doing, has committed wage and hour violations under a variety of federal and state statutes. The Class is defined as: "All GrubHub drivers across the country (except California) who may choose to opt in to this case." GrubHub is a food delivery service that employs delivery drivers who can be scheduled and dispatched through a mobile phone application or through GrubHub's website and who deliver food orders from restaurants to customers at their homes and businesses. The Plaintiffs are represented by: James B. Zouras, Esq. Ryan Stephan, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Telephone: 312-233 1550 E-mail: jzouras@stephanzouras.com rstephan@stephanzouras.com - and - Shannon Liss-Riordan, Esq. Thomas Fowler, Esq. Matthew D. Carlson, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994 5800 E-mail: sliss@llrlaw.com tfowler@llrlaw.com mcarlson@llrlaw.com IND GLATT: "Sanchez" Suit Seeks to Recover Unpaid Overtime Wages ---------------------------------------------------------------- Bernardo Sanchez and Edgar Delgado, individually and on behalf of other persons similarly situated v. Ind Glatt, Inc. and I&D Glatt 2, Inc. d/b/a I&D Glatt or any other entities affiliated with or controlled by IND Glatt, Inc., I&D Glatt 2, Inc. and David Yizhaky, Case No. 1:16-cv-03446 (E.D.N.Y., June 23, 2016), seeks to recover unpaid overtime wages, spread of hours compensation, and damages pursuant to the Fair Labor Standards Act. The Defendants are engaged in the processing and sale of kosher meat, fish and poultry business. The Plaintiff is represented by: Lloyd Ambinder, Esq. Leonor Coyle, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th floor New York, NY 10004 Telephone: (212) 943-9080 Facsimile: (212) 943-9082 E-mail: lcoyle@vandallp.com JAMES DORAN: "Higgins" Suit Seeks to Recover Unpaid OT Wages ------------------------------------------------------------ Douglas Higgins, on behalf of himself and others similarly situated v. James Doran Company Inc., JDC Management LLC, Robert J. Doran Jr., Case No. 2:16-cv-02149-RMG (D.S.C., June 23, 2016), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. The Defendants operate a real estate investment and development company based in Mount Pleasant, South Carolina. The Plaintiff is represented by: Marybeth E. Mullaney, Esq. MULLANEY LAW 321 Wingo Way, Suite 201 Mount Pleasant, SC 29464 Telephone: (800) 385-8160 Facsimile: (800) 385-8160 E-mail: marybeth@mullaneylaw.net JCJ VENTURES: Court Conditionally Certified "Ventrone" Suit Class ----------------------------------------------------------------- The Hon. Thomas G. Wilson granted the Plaintiff's renewed motion for conditional certification and facilitation of Court-authorized notice, and the requested class of employees is conditionally certified in the lawsuit styled JEANETTE VENTRONE, on her own behalf and others similarly situated v. J.C.J. VENTURES OF PINELLAS INC. I, d/b/a, "DOCKSIDE DAVES," Case No. 8:15-cv-Ol743- SDM-TGW (M.D. Fla.). The Plaintiff may send out to prospective opt-in plaintiffs a Notice of Lawsuit regarding the conditionally certified class of employees provided that the parties agree upon such a notice, Judge Wilson said. Judge Wilson added that if the parties cannot agree on the Notice of Lawsuit, the parties may seek court review of the notice. The Notice of Lawsuit will explicitly state that the Case does not involve unpaid overtime wages and only involves unpaid minimum wages. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=oWfi9AHj JEDDO KABAB: Does Not Properly Pay Employees, "Yassine" Suit Says ----------------------------------------------------------------- Adnane Yassine and Mohamed Amine Chellah, individually, and on behalf of all others similarly situated v. Jeddo Kabab, LLC, Ali Kaveri, and Faezeh Kaveri, Case No. 2:16-cv-00591-GCS-EPD (S.D. Ohio, June 23, 2016), is brought against the Defendants for failure to pay employees minimum wage and overtime compensation in violation of the Fair Labor Standards Act. The Defendants own and operate Jeddo Kabab located at 2171 E. Dublin-Granville Rd. Columbus, Ohio 43229. The Plaintiff is represented by: Robert E. DeRose, Esq. Robi J. Baishnab, Esq. 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 Facsimile: (614) 744-2300 E-mail: bderose@barkanmeizlish.com rbaishnab@barkanmeizlish.com KANSAS: Mosier Can't Terminate Medicaid Provider Agreements ----------------------------------------------------------- In the case captioned PLANNED PARENTHOD OF KANSAS AND MID- MISSOURI, et al., Plaintiffs, v. SUSAN MOSIER, M.D., Secretary, Kansas Department Of Health And Environment, In Her Official Capacity, Defendant, Case No. 16-2284-JAR-GLR (D. Kan.), Judge Julie A. Robinson granted the plaintiffs' motion for temporary restraining order and preliminary injunction, thus restraining Susan Mosier, in her official capacity as Secretary of the Kansas Department of Health and Environment (KDHE), her employees, agents, and successors in office from terminating the Medicaid provider agreements of Planned Parenthood of Kansas and Mid- Missouri (PPKM) and Planned Parenthood of the St. Louis Region and Southwest Missouri (PPSLR). A full-text copy of Judge Robinson's July 5, 2016 memorandum and order is available at https://is.gd/5LvF8A from Leagle.com. The plaintiffs PPKM, PPSLR, the individual providers, and three Jane Doe patients filed the action challenging the KDHE's decision to terminate as Medicaid providers PPKM, PPSLR, and 11 current and former individual providers who are, or were in the past, employees of PPKM and PPSLR. The challenge was brought under the Medicaid Act and the Equal Protection Clause of the United States Constitution, and the plaintiffs sought preliminary injunctive relief from the termination decisions. On June 13, 2016, the KDHE reconsidered and reversed its decision to terminate the 11 individual health care provider plaintiffs from the Medicaid program. On June 29, 2016, the individual providers voluntarily dismissed their claims in this matter. Planned Parenthood of Kansas and Mid-Missouri, Planned Parenthood of St. Louis Region, Jane Doe #1, Jane Doe #2, Jane Doe #3, Plaintiffs, represented by Arthur A. Benson, II, Arthur Benson & Associates, Diana O. Salgado, Planned Parenthood Federation of America, pro hac vice, Douglas N. Ghertner -- dghertner@sbg-law.co -- Slagle, Bernard & Gorman, P.C., Jamie Kathryn Lansford, Arthur Benson & Associates & Melissa Cohen, Planned Parenthood Federation of America, pro hac vice. Susan Mosier, Defendant, represented by Darian Paul Dernovish, Kansas Department of Health & Environment, Michael H. Park -- park@consovoymccarthy.com -- Consovoy McCarthy Park PLLC, pro hac vice & Patrick Strawbridge -- patrick@consovoymccarthy.com -- Consovoy McCarthy Park PLLC, pro hac vice. KB HOME: Court Approved Final Settlement Terms in "Edwards" ----------------------------------------------------------- KB Home said in its Form 10-Q Report filed with the Securities and Exchange Commission on July 8, 2016, for the quarterly period ended May 31, 2016, that a court has approved the final settlement terms with respect to the Edwards case. The Copany said, "In May 2011, a group of current and former sales representatives filed a collective action lawsuit in the United States District Court for the Southern District of Texas, Galveston Division entitled Edwards, K. v. KB Home. The lawsuit alleged that we misclassified sales representatives and failed to pay minimum and overtime wages in violation of the Fair Labor Standards Act (29 U.S.C. Sections 206-07). In September 2012, the Edwards court conditionally certified a nationwide class, and in May 2015, scheduled an initial trial involving a portion of the plaintiffs for December 2015." "In September 2013, some of the plaintiffs in the Edwards case filed a lawsuit in Los Angeles Superior Court entitled Andrea L. Bejenaru, et al. v. KB Home, et al. The lawsuit alleged violations of California laws relating to overtime, meal period and rest break pay, itemized wage statements, waiting time penalties and unfair business practices for a class of sales representatives. Although the case involved a putative class of individuals who were our sales representatives from September 2009 forward, the Bejenaru case was not certified as a class action. "In the second quarter of 2015, plaintiff representatives in the Edwards and the Bejenaru cases claimed $66 million in compensatory damages, penalties and interest, as well as injunctive relief, attorneys' fees and costs for both matters. On November 18, 2015, we reached a tentative mediated settlement with the plaintiff representatives in both cases that was subject to judicial approval. "Under the terms of the tentative settlement, we agreed to pay $7.5 million to a settlement administrator for distribution to individual settling plaintiffs, subject to obtaining releases from, and a specified threshold of participation by, such individuals. "On May 2, 2016, after further negotiations to resolve important details related to the claims submission process for individual settling plaintiffs, we reached final settlement terms with the plaintiff representatives. The final settlement terms did not change the settlement amount, which is intended to be inclusive of all payments to settling plaintiffs and all related fees and costs, or the required threshold participation level. On May 19, 2016, the Edwards court approved the final settlement terms with respect to the Edwards case and, with the Bejenaru court's consent, preliminarily approved the final settlement terms with respect to the Bejenaru case. Based on the court's decision, we expect to receive its final approval with respect to the Bejenaru case in September of this year. "In 2015, we established an accrual for these cases in the amount of $7.5 million, which we maintained at May 31, 2016. KGI TRADING: Faces "Kim" Suit Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Yong L. Kim, on behalf of himself and others similarly situated v. KGI Trading GA, Inc. and Danny Moon, Case No. 1:16-cv-02194-SCJ (N.D. Ga., June 23, 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 seafood distribution company located at 300 Brogdon Rd #200, Suwanee, GA 30024. The Plaintiff is represented by: Amanda S. Thompson, Esq. SALTER THOMPSON LAW, P.C. Suite 215, 2860 Piedmont Road, NE Atlanta, GA 30305 Telephone: (404) 247-0107 Facsimile: (404) 920-4232 E-mail: amanda@stlaborlaw.com - and - Brian G. Kim, Esq. LEON & KIM, LLC Suite 303, 1815 Satellite Blvd Duluth, GA 30097 Telephone: (678) 878-4200 Facsimile: (678) 878-4208 E-mail: brian@leonandkim.com LA LASER: Illegally Records Telephone Conversations, Suit Claims ---------------------------------------------------------------- Sarah Federico, individually, and on behalf of other members of the general public similarly situated v. La Laser Center, PC, California Professional Medical Corporation and Does 1 through 10, inclusive, Case No. BC624677 (Cal. Super. Ct., June 23, 2016), arises out of the unlawful recording of telephone conversations between LA Laser Center, PC, California Professional Medical Corporation and DOES 1 through 10. The Defendants own and operate several facilities throughout California, Nevada, and Arizona that specialize in cosmetic and medical dermatology treatments and surgeries. The Plaintiff is represented by: Jordan L. Lurie, Esq. Robert K. Friedl, Esq. Tarek H. Zohdy, Esq. Cody R. Padgett, Esq. Karen L. Wallace, Esq. CAPSTONE LAW APC 1840 Century, Park East, Suite 450 Los Angeles, CA 90067 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 E-mail: Jordam.Lurie@capstonelawyers.com Robert.Friedl@capstone.lawyers.com Tarek.Zohdy@capstonelawyers.com Cody.Padgeu@capstonelawyers.com Karen.Wallace@capstonelawyers.com - and - Steven S. Elster, Esq. THE LAW OFFICE OF STEVEN ELSTER 785/E2 Oak Grove Road, #201 Concord, CA 94518 Telephone: (925) 324-2159 E-mail: Steve.elster.law@gmail.com LOS LUNAS CENTER: 10th Cir. Appeal Filed in "Jackson" Class Suit ---------------------------------------------------------------- An appeal from a court decision was filed in the case styled WALTER STEVEN JACKSON, et al. v. LOS LUNAS CENTER, et al., Defendants, and THE ARC OF NEW MEXICO, Intervenor, and MARY TERRAZAS, et al., Intervenors, Case No. 1:87-CV-00839-JAP-KBM, in the United States District Court for the District of New Mexico - Albuquerque. The appellate case is captioned as Walter Jackson, et al., Case No. 16-2172, in the United States Court of Appeals for the Tenth Circuit. Senior District Judge James A. Parker entered a memorandum opinion and order in the lawsuit denying the Defendants' opposed motion and memorandum in support seeking partial disengagement of continuous improvement as to the Defendants' obligations in Paragraph 35 C Southeast Region of the Joint Stipulation on Disengagement, as to which the District Court retains oversight. Judge Parker opined that the Defendants have not demonstrated sustained, substantial compliance of their obligations set out in Paragraph 35 C Southeast Region of the JSD in accordance with the JSD's requirements at Paragraphs 32 and 33. A copy of Judge Parker's April 27, 2016 memorandum opinion and order is available for free at https://is.gd/FYYOyv from Leagle.com. The Plaintiffs in the 28-year-old class action lawsuit is a group of formerly institutionalized developmentally disabled persons. In a December 28, 1990 Memorandum Opinion and Order, the Court found constitutional and statutory violations in the Defendants' operation of Fort Stanton Hospital and Training School and Los Lunas Center for Persons with Developmental Disabilities and in Defendants' community service system for persons with developmental disabilities. On December 19, 1997, in response to compliance issues, the Court entered an order approving stipulation on disengagement, which approved what is known as the joint stipulation on disengagement or the JSD. The JSD's purpose was to "define[] the further actions and requirements which the defendants must complete and the services, supports, and benefits which must be provided to classmembers in order for the defendants to comply with their obligations to classmembers under the Court's orders in this case." The JSD sets out a "Disengagement Process" to be used when a party seeks disengagement or termination of the Court's oversight of certain obligations. Plaintiffs-Appellees WALTER STEPHEN JACKSON, STEVE NUNEZ, RON FULLER, MILDRED TSOSIE, MARY KATHERINE NOWAK, LILLIAN WILLMON, ANDRA MARTINEZ, CLINTON HEATH, SHAWN HEATH, RICHARD STANFIELD, JOSEPH GONZALES, SEAN MCHENRY, ALFRED SHIRLEY, JAMES FRITCHE, BETTY YOUNG, ROSEANN CROCKETT, ANDRE ARMENTA, KELLI VAN CUREN, LACEY WALKER, KIM LAUTENSCHLAGER, WILLIAM THOMAS, VIRGIL ADDISON, ROBERTO ATILANO, FELICIA BOTELLO, JOSEPH BACA, MELINDA CONWAY, DANIEL GARCIA, VIOLA GURULE, THOMAS HARKINS, ROBERT HYNES, DAMON KEESWOOD, SHARON KOON, GARRY MARTINEZ, JOSE MARTINEZ, ROBERT MCHENRY, MARCELINO MOYA, TED NICHOLS, MARGARET ROMERO, LORIANN STRICKLAND, BETH THOMAS, ALBERT VASQUEZ, EDWIN VASQUEX, BENITO ARGUELLO, BENJAMIN ROMERO and DEVELOPMENTALLY DISABLED NEW MEXICANS, INC., on behalf of its members, are represented by: Cathy Costanzo, Esq. Steven J. Schwartz, Esq. CENTER FOR PUBLIC REPRESENTATION 22 Green Street Northempton, MA 01060-0000 Telephone: (413) 586-6024 - and - Peter Cubra, Esq. LAW OFFICE OF PETER CUBRA 3500 Comanche NE, Suite H Albuquerque, NM 87107 Telephone: (505) 256-7690 - and - Philip B. Davis, Esq. PHILIP B. DAVIS, ATTORNEY AT LAW 814 Marquette Avenue, NW Albuquerque, NM 87102 Telephone: (505) 242-1904 - and - Tim Gardner, Esq. PROTECTION & ADVOCACY SYSTEM 1720 Louisiana Boulevard, NE, Suite 204 Albuquerque, NM 87110 Telephone: (505) 256-3100 - and - Nancy Koenigsberg, Esq. DISABILITY RIGHTS NEW MEXICO 1720 Louisiana Boulevard, NE, Suite 204 Albuquerque, NM 87110 Telephone: (505) 256-3100 - and - Ann Tilford McCartney, Esq. P.O. Box 187 Los Lunas, NM 87031-0000 Telephone: (505) 865-6809 Plaintiffs-Intervenors-Appellees JOHN E. YOUNG, IRIS YOUNG, DORA L. ROMERO, ARARISTO ROMERO, MARION LIVINGSTON, ALBINO T. TARASCI, THERESA M. ALLEN, ROBERT L. STRYKER, MARGARET L. STRYKER, MADELINE V. MARTINEZ, LOUISA HENSLEY, MALONE PETERSON, LAVADA PHILPOTT, MARY L. MCINTYRE, WILLIAM DYE, ONETA DYE, GLENDA F. MIRIES, ANDREW E. MARTINEZ, MARIANNE MARTINEZ, FIDEL LOPEZ, GRACE LOPEZ, VICTOR JIRON, WILLARD C. COPPER, IMA COPPER, MANUELA ALVERADO, ANGEL B. ALVERADO, LISA BONNEY, CHRISTINE GARCIA, CHARLIE T. JONES, JUANITA P. JONES, PALMERIA VIGIL, GEORGE H. GRAHAM, RUTH GRAHAM, MARIAN F. HENRICKS, TIODORA MADRID, HERMAN L. TAPLEY, JUANITA J. MONTOYA, MR. & MRS. TOMMY TRUJILLO, DOLORES L. GONZALES, THEODORE JIRON, ROBERT DAWNEY, MAUREEN DAWNEY, MARY M. SCHNEIDER, BENITO PACHECO, TRANCITO J. CANDALERIA, TOMASISTA ARAGON, RAMON ARAGON, THOMAS J. THOMPSON, PHILLIP N. DODD, JUDY E. DODD, MARY ANN TERRAZAS, THERESA ANN GALLEGOS, KENNETH A. BARNES, FRANK C. MATTA, DELFA MATTA, LUPITA S. GARCIA, BERNADITA GUTIERREZ, DOROTHY OHMART, BILLIE O'BRYAN FINLEY, ROSA M. LOPEZ, ETHEL L. LOWE, CLARA LINDSTROM, HENRY BRYANT, JUNE L. BRYANT, DIEGA OLIVAREZ, WILLIAM W. HOFFMAN, IRENE SENUTOVITCH, ROBERT HORNING, SUSAN HORNING, LADONNA POWELL, PATRICK L. MURPHY, SARAH F. MURPHY, DORA T. SENA, THOMAS F. SULLIVAN, JR., LUPE MARTINEZ, ORCELIA ROMERO, AL FARINELLI, MARY R. MICHIELS, JACK L. KITE, LOUISE KITE, ANTONIA SEGURA, KENNETH A. BARNES, MILDRED L. BARNES, KAY SENSANBUGHER, SYLVIA SENSANBUGHER, DORIS J. HARRISON, MARIANNE K. NEWTON, SANTIAGO GUTIERREZ and ANNIE GUTIERREZ are represented by: Nancy Koenigsberg, Esq. DISABILITY RIGHTS NEW MEXICO 1720 Louisiana Boulevard, NE, Suite 204 Albuquerque, NM 87110 Telephone: (505) 256-3100 LUMBER LIQUIDATORS: $26-Mil. Settlement Has Preliminary Approval ---------------------------------------------------------------- Lumber Liquidators Holdings, Inc. said in its Form 8-K Report filed with the Securities and Exchange Commission on July 12, 2016, that a court has preliminarily approved the Securities Class Action Stipulation on July 7, 2016, subject to further consideration at a settlement hearing scheduled to be held on November 17, 2016. A copy of the Stipulation is available at https://is.gd/4XetXP The Company previously disclosed that on April 27, 2016, it and the other defendants (the "Securities Class Action Defendants") had entered into a Memorandum of Understanding (the "Securities Class Action MOU") with the lead plaintiffs to memorialize an agreement in principle to settle the consolidated securities class action captioned In re Lumber Liquidators Holdings, Inc. Securities Litigation (the "Securities Class Action Litigation"). The Company also previously announced that on May 17, 2016, the Company and the defendants (collectively, the "Derivative Defendants") entered into a Memorandum of Understanding dated as of May 16, 2016 (the "Derivative MOU") with the plaintiff's representatives to memorialize an agreement in principle to settle the derivative litigation matter captioned In re Lumber Liquidators Holdings, Inc. Shareholder Derivative Litigation (the "Derivative Litigation Matter"). On June 15, 2016, the Company entered into a definitive settlement agreement with the Securities Class Action Defendants consistent with the terms of the Securities Class Action MOU (the "Securities Class Action Stipulation"), and the court preliminarily approved the Securities Class Action Stipulation on July 7, 2016, subject to further consideration at a settlement hearing scheduled to be held on November 17, 2016. Under the terms of the Securities Class Action Stipulation, the Company will contribute $26.0 million to a settlement fund (the "Securities Class Action Fund") that will be used to compensate individuals who purchased the Company's shares during the period from February 22, 2012 to February 27, 2015. In addition, under the terms of the Securities Class Action Stipulation, the Company will issue 1 million shares of its common stock to the Securities Class Action Fund with a value of approximately $16.0 million based on the $16.02 closing price of the Company's common stock on April 27, 2016. The Derivative MOU provides for the Company's insurance carriers to pay $26.0 million to the Company and for the Company to contribute all of these insurance proceeds into the Securities Class Action Fund. The Derivative Defendants will agree that the Company will not use any cash, other than these insurance proceeds, to resolve the Securities Class Action Litigation. The Company will pay the lead plaintiffs in the Derivative Litigation Matter legal fees of $5.0 million and expects to fund half of this amount from insurance proceeds. The Derivative MOU also provides for a process by which the Company will add a new member to the Board of Directors for one term and for the Company to make certain corporate governance changes such as, among other things, the adoption of a modified plurality voting policy for directors, stock holding guidelines, a clawback policy and a policy on lobbying and political contributions, and the creation of a regulatory affairs committee of the Board. The Company previously disclosed in its Quarterly Report on Form 10-Q for the period ended March 31, 2016 (the "Form 10-Q") that it had determined a probable loss had been incurred relating to the Securities Class Action Litigation and recognized a net charge to earnings of approximately $16.0 million within selling general and administrative expense in the first quarter of 2016. This expense was comprised of the loss contingency of approximately $42.0 million ($26.0 million cash and $16.0 common stock), net of expected insurance proceeds of approximately $26.0 million. The amount of loss associated with an issuance of shares of common stock will be determined based on the trading value of the shares on the date of issuance, which could increase the recognized loss if the trading value increases or result in a gain if the trading value decreases. While it is reasonably possible that the Company may incur a loss greater than the recognized amounts, the Company is unable to determine a range of possible losses greater than the amount recognized. The Company also disclosed in the Form 10-Q that it had recorded $2.5 million ($5.0 million minus $2.5 million of expected insurance proceeds) in connection with the Derivative Litigation Matter within other current liabilities and selling, general and administrative expenses in the first quarter of 2016. The Company does not expect to record an additional loss relating to the Derivative Litigation Matter. Both the Securities Class Action Stipulation and the Derivative MOU are dependent on each other and are subject court approvals and other contingencies. The Derivative MOU also remains subject to the execution of a definitive settlement agreement. Therefore, there can be no assurance that a settlement will be finalized by the parties and approved by the courts or as to the ultimate outcome of the Securities Class Action Litigation or the Derivative Litigation Matter. LVNV FUNDING: Class Certification Bid in "Lovelace" Suit Denied --------------------------------------------------------------- The Hon. Howard F. Sachs denied without prejudice the Plaintiff's motion for class action certification in the lawsuit entitled Dearest Nathaniel Lovelace v. LVNV Funding, LLC, Case No. 4:13-cv- 00985-HFS (W.D. Mo.). The action is brought under the Fair Debt Collection Practices Act. The Plaintiff defined the proposed class as: All individuals against whom LVNV filed a lawsuit in the states of Hawaii, Illinois, Indiana, Michigan, Montana, Missouri, Ohio, South Dakota, Utah and Washington, for the collection of alleged consumer debts, arising from the use of a Sears department store card more than four years after the accrual of the statute of limitation on that claim, under Article II, Section 725 of the Uniform Commercial Code during the time period of October 10, 2012, to the present. While it does seem premature to create a class in the absence of clarification of whether Sears or an outside lender or independent party was the initial creditor for Lovelace and the other members of the proposed class, the Court is cognizant that similar situations have been deemed worthy of certification, citing McMahon v. LVNV Funding, LLC, 807 F.3d 872 (7th Cir. 2015). Thus, Judge Sachs says, a renewed motion for class certification may be appropriate. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=KCkVYJZM MARKETO INC: Faces "Porwal" Class Action ---------------------------------------- Marketo, Inc., a Delaware corporation, entered on May 27, 2016, into an Agreement and Plan of Merger (the "Merger Agreement") with Milestone Holdco, LLC, a Delaware limited liability company ("Parent"), and Milestone Merger Sub, Inc., a Delaware corporation and wholly owned subsidiary of Parent ("Merger Sub"), providing for the merger of Merger Sub with and into the Company (the "Merger"), with the Company surviving the Merger as a wholly owned subsidiary of Parent. Marketo, Inc. said in its Form 8-K Report filed with the Securities and Exchange Commission on July 11, 2016, that a purported stockholder class action lawsuit captioned Porwal v. Marketo, Inc. et al., Case No. 16CIV00265, was filed on July 5, 2016, in Superior Court of the State of California, County of San Mateo against Marketo, its directors, Vista Equity Partners Fund VI, L.P., Parent, and Merger Sub. The lawsuit alleges, generally, that Marketo's directors breached their fiduciary duties to Marketo stockholders by seeking to sell Marketo through an allegedly defective process, for an unfair price, and on unfair terms, and that the other defendants aided and abetted those purported breaches. The lawsuit also alleges that defendants have failed to disclose all material facts concerning the proposed Merger to stockholders. The lawsuit seeks, among other things, equitable relief that would enjoin the consummation of the proposed Merger, damages, rescission of the proposed Merger to the extent it is consummated, and attorneys' fees and costs. The Company believes that the plaintiff's allegations lack merit and will vigorously contest them. MATRESS GLOBAL: "Suarez-Torres" Sues Over ADA Violation ------------------------------------------------------- Maria Suarez-Torres, Plaintiff v. Matress Global, a store located at Road 830, Bayamon, Puerto Rico, Carlos Fournier Rebollo, Defendants, Case No. 3:16-cv-02297 (D.P.R., July 5, 2016), seeks injunctive relief and attorney's fees, litigation expenses and costs pursuant to the Americans with Disabilities Act and Puerto Rico Civil Rights Act. Torres is bound to a wheelchair and has limited use of her hands. She claims that the Defendants' facilities are not accessible to wheelchair-bound persons. Plaintiff is represented by: Jose Carlos Velez-Colon, Esq. Bayamon, PR 00960-2013 Tel: (787) 599-9003 Email: jcvelezcolon@gmail.com MATSUYA QUALITY: Faces "Xin" Suit in E.D.N.Y. --------------------------------------------- A class action lawsuit has been filed against Matsuya Quality Japanese Inc. The case is captioned Xin Wei Liu, individually and on behalf of all other employees similarly situated, the Plaintiff, v. Matsuya Quality Japanese Inc. d/b/a Matsuya Quality Japanese Eats, Bernard Benlevi, and JOHN or JANE DOES 1-10, the Defendants, Case No. 1:16-cv-03624 (E.D.N.Y., June 29, 2016). Matsuya Quality is in the Japanese Restaurant business. The Plaintiff appears pro se. MERCY HEALTH: Sued Over Underfunding Employees Pension Plan ----------------------------------------------------------- Sally Sanzone, individually and on behalf of all others similarly situated v. Mercy Health; The Mercy Health Benefits Committee; John And Jane Does 1-10, Members of the Mercy Health Benefits Committee; The Mercy Health Stewardship Committee; John and Jane Does 11-20, Members of the Mercy Health Stewardship Committee; John and Jane Does 21-40, Case No. 4:16-cv-00923-CEJ (W.D. Okla., June 21, 2016), is an action for damages as a result of the Defendants' underfunding of the Mercy employees benefit pension plans. The Defendants operate a healthcare conglomerate in Oklahoma, Missouri, Kansas, and Arkansas and provide healthcare services in the communities it serves. The Plaintiff is represented by: William B. Federman, Esq. James P. Woodruff, Esq. FEDERMAN & SHERWOOD 10205 North Pennsylvania Avenue Oklahoma City, OK 73120 Telephone: (405) 235-1560 Facsimile: (405) 239-2112 E-mail: wbf@federmanlaw.com jpw@federmanlaw.com - and - Laura R. Gerber, Esq. Lynn Lincoln Sarko, Esq. Havila C. Unrein, Esq. KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 Telephone: (206) 623-1900 Facsimile: (206) 623-3384 E-mail: lgerber@kellerrohrback.com lsarko@kellerrohrback.com hunrein@kellerrohrback.com - and - Ron Kilgard, Esq. KELLER ROHRBACK L.L.P. 3101 North Central Avenue, Suite 1400 Phoenix, AZ 85012 Telephone: (602) 248-0088 Facsimile: (602) 248-2822 E-mail: rkilgard@kellerrohrback.com - and - Karen L. Handorf, Esq. Michelle Yau, Esq. Scott Lempert, Esq. COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Avenue, N.W. Suite 500, West Tower Washington, DC 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 E-mail: khandorf@cohenmilstein.com myau@cohenmilstein.com slempert@cohenmilstein.com MICHIGAN, USA: Seeks 6th Cir. Review of Ruling in "Hill" Suit ------------------------------------------------------------- Defendants Rick Snyder, Heidi E. Washington, Michael Eagen and Bill Schuette filed an appeal from a court ruling in the lawsuit titled Henry Hill, et al. v. Rick Snyder, et al., Case No. 5:10- cv-14568, in the U.S. District Court for the Eastern District of Michigan at Ann Arbor. Rick Snyder is the Governor of the state of Michigan. The appellate case is captioned as Henry Hill, et al. v. Rick Snyder, et al., Case No. 16-2003, in the United States Court of Appeals for the Sixth Circuit. As reported in the Class Action Reporter on June 30, 2016, the Plaintiffs filed with the Court their renewed motion for certification of a class consisting of all individuals, who are in Michigan Department of Corrections custody, who were convicted for first degree murder for offenses committed when they were below 18 years of age. The Plaintiffs' complaint, filed on November 17, 2010, sought declaratory and injunctive relief to end the Defendants' alleged violation of their Eighth Amendment rights to a meaningful and realistic opportunity for release upon demonstration of their maturity and rehabilitation. The Plaintiffs, who were children when they committed offenses for which they were convicted and sentenced to life imprisonment, challenged the constitutionality, as applied to all children, of Section 791.234(6) of the Michigan Compiled Laws, the statute that deprives the Michigan Parole Board of jurisdiction over individuals serving life sentences for first- degree homicide offenses. Plaintiffs-Appellees HENRY HILL, JEMAL TIPTON, DAMION LAVOIAL TODD, BOBBY HINES, KEVIN BOYD, BOSIE SMITH, JENNIFER PRUITT, MATTHEW BENTLEY, KEITH MAXEY, GIOVANNI CASPER, JEAN CINTRON CARLOS, NICOLE DUPURE and DONTEZ TILLMAN are represented by: Daniel S. Korobkin, Esq. Michael Jay Steinberg, Esq. AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN 2966 Woodward Avenue Detroit, MI 48201 Telephone: (313) 578-6824 E-mail: dkorobkin@aclumich.org msteinberg@aclumich.org - and - Deborah A. LaBelle, Esq. LAW OFFICES OF DEBORAH A. LABELLE 221 N. Main St., Suite 300 Ann Arbor, MI 48104 Telephone: (734) 996-5620 E-mail: deblabelle@aol.com - and - Steven M. Watt, Esq. HUMAN RIGHTS PROGRAM CRIMINAL LAW REFORM PROJECT AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 17th Floor New York, NY 10004 Telephone: (212) 519-7870 E-mail: swatt@aclu.org Defendants-Appellants RICK SNYDER, in his Official Capacity as Governor of the State of Michigan; HEIDI E. WASHINGTON, Director of the Michigan Department of Corrections; MICHAEL EAGEN, Chair, Michigan Parole Board; and BILL SCHUETTE, Attorney General, are represented by: Margaret A. Nelson, Esq. Bernard Eric Restuccia, Esq. ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL P.O. Box 30736 Lansing, MI 48909 Telephone: (517) 373-6434 E-mail: nelsonma@michigan.gov restucciae@michigan.gov MSP CROSSROADS: Court Narrows Claims in CROSSRDS Suit ----------------------------------------------------- Judge Ann D. Montgomery granted in part and denied in part the defendants' motion to dismiss the case captioned Crossroads Residents Organized for Stable and Secure ResiDencieS (CROSSRDS), an unincorporated association; Linda Lee Soderstrom, Maria Johnson, Craig Goodwin, Donna Goodwin, Jurline Bryant, Clara Jean Lee, Viky Martinez-Melgar, Aurora Saenz, Deborah Suminguit, on behalf of themselves and all others similarly situated; Norma Ziegler, Darlene Fisher, Samuel Graham, Carlos Hines, Kenneth Orr, Bernard Campbell, Lisa Brown, David Moffet, Quaintance Clark, Khadijah Abdul-Malik, Kevin Vaughn, Maria de Lourdes Vargas- Pegueros, Julio Stalin de Tourniel, Rocillo Rodriquez, Sandra Ponce, Kerly Rios, Juan Martinez, Mercedes Melgar, Tamara Ann Bane, Charles Ward, Tressie Neloms, Dorothy Pickett, Sylvia Anderson, Guadalupe Rodriguez Bonilla, Tyrus Johnson, Leticia Barban, Alice Joiner, Beverly Griffin; and HOME Line, Plaintiffs, v. MSP Crossroads Apartments LLC, and Soderberg Apartment Specialists, Defendants, Civil No. 16-233 ADM/KMM (D. Minn.). The plaintiffs have brought a putative class action lawsuit alleging violations of the federal Fair Housing Act, 42 U.S.C. section 3601 et seq., and Minn. Stat. section 504B.315. The defendants argued in their motion to dismiss that the plaintiffs have not alleged sufficient facts to support their claims, both in general and with respect to many of the individual plaintiffs and HOME Line. Judge Montgomery ruled as follows: -- The motion seeking to dismiss the plaintiffs' claims under the Fair Housing Act was denied. -- The motion seeking to dismiss the plaintiffs' claim under Minn. Stat. section 504B.315 was granted. -- The motion seeking to dismiss individual plaintiffs as parties was denied. -- The motion seeking to dismiss HOME Line as a party was denied. A full-text copy of Judge Montgomery's July 5, 2016 memorandum opinion and order is available at https://is.gd/AKsbhO from Leagle.com. Crossroads Residents Organized for Stable and Secure ResiDencieS (CROSSRDS), Linda Lee Soderstrom, Maria Johnson, Craig Goodwin, Donna Goodwin, Jurline Bryant, Clara Jean Lee, Viky Martinez- Melgar, Aurora Saenz, Deborah Suminguit, Norma Ziegler, Darlene Fisher, Samuel Graham, Carlos Hines, Kenneth Orr, Bernard Campbell, Lisa Brown, David Moffet, Quaintance Clark, Khadijah Abdul-Malik, Kevin Vaughn, Maria de Lourdes Vargas-Pegueros, Julio Stalin de Tourniel, Rocillo Rodriquez, Sandra Ponce, Kerly Rios, Juan Martinez, Mercedes Melgar, Tamara Ann Bane, Charles Ward, Tressie Neloms, Dorothy Pickett, Sylvia Anderson, Guadalupe Rodriguez Bonilla, Tyrus Johnson, Leticia Barban, Alice Joiner, Beverly Griffin, HOME Line, Plaintiffs, represented by John D. Cann -- jcann@hppinc.org -- Housing Justice Center & Timothy L. Thompson -- tthompson@hppinc.com -- Housing Justice Center. MSP Crossroads Apartments LLC, Soderberg Apartment Specialists, Defendant, represented by Bradley J. Lindeman -- blindeman@meagher.com -- Meagher & Geer, PLLP, Christopher T. Kalla, Hanbery & Turner, P.A., Donna E. Hanbery, Hanbery & Turner, PA, Jennifer M. Zwilling -- jzwilling@meagher.com -- Meagher & Geer, PLLP & Margaret R. Ryan -- mryan@meagher.com -- Meagher & Geer, PLLP. NCO GROUP: Faces "Severino" Suit Over Failure to Pay Overtime ------------------------------------------------------------- Michael Severino and Tara Denny, individually and on behalf of other individuals similarly situated v. NCO Group, Inc. n/k/a Expert Global Solutions, Inc., and NCO Financial Systems, Inc. n/k/a EGS Financial Care, Inc., Case No. 1:16-cv-00514 (W.D.N.Y., June 23, 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 process outsourcing company located at 150 Crosspoint Parkway, Getzville, New York. The Plaintiff is represented by: Rafael O. Gomez, Esq. GOMEZ & BECKER, LLP 2746 Delaware Avenue The Eberhardt Mansion Buffalo, NY 14217 Telephone: (716) 873-0333 E-mail: rgomez@gomezbecker.com NOBLE HEALTH: Faces "McCaine" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Tonya McCaine v. Noble Health Care, Inc., Case No. 1:16-cv-01584- DAP (N.D. Ohio, June 23, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Noble Health Care, Inc. operates a specialty pharmacy located in Cuyahoga County, Ohio. The Plaintiff is represented by: Anthony J. Lazzaro, Esq. Chastity L. Christy, Esq. Lori M. Griffin, Esq. THE LAZZARO LAW FIRM, LLC 920 Rockefeller Building 614 W. Superior Avenue Cleveland, OH 44113 Telephone: (216) 696-5000 Facsimile: (216) 696-7005 E-mail: anthony@lazzarolawfirm.com chastity@lazzarolawfirm.com lori@lazzarolawfirm.com NOBLE ENERGY: "Wilson" Suit Seeks to Recover Unpaid Overtime ------------------------------------------------------------ William Wilson, individually and on behalf of all others similarly situated v. Noble Energy, Inc., Case No. 2:16-cv-00932-AJS (W.D. Penn., June 23, 2016), seeks to recover unpaid overtime wages and other damages pursuant to the Fair Labor Standards Act. Noble Energy, Inc. is a global oil and gas exploration and production company operating worldwide and throughout the United States, including in Pennsylvania. The Plaintiff is represented by: Joshua P. Geist, Esq. GOODRICH & GEIST, P.C. 3634 California Ave. Pittsburgh, PA 15212 Telephone: (412) 766-1455 Facsimile: (412)766-0300 E-mail: josh@goodrichandgeist.com - and - 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 NORTHWELL HEALTH: Faces "Passiglia" Suit in E.D.N.Y. ---------------------------------------------------- A class action lawsuit has been filed against Northwell Health, Inc. The case is captioned Cindy L. Passiglia, formerly known as: Cindy L. Hahn, individually and on behalf of all others similarly situated, the Plaintiff, v. Northwell Health, Inc., formerly known as: North Shore-Long Island Jewish Health Care, Inc., North Shore University Hospital, Regional Claims Recovery Service, and Ingram & Associates LLC, the Defendants, Case No. 2:16-cv-03611 (E.D.N.Y., June 29, 2016). Northwell operates hospitals that provide healthcare services to patients and their families in the metro New York area and beyond. The Plaintiff is represented by: Craig B. Sanders, Esq. SANDERS LAW, PLLC 100 Garden City Plaza, Suite 50 Garden City, NY 11530 Telephone: (516) 203 7600 Facsimile: (516) 281 7601 E-mail: csanders@sanderslawpllc.com ORLEANS SHORING: Class in "Nunez" Suit Conditionally Certified -------------------------------------------------------------- The Hon. Carl J. Barbier granted in part the Plaintiffs' motion for conditional class certification, judicial notice, and for disclosure of the names and addresses of the potential opt-in plaintiffs in the lawsuit titled NUNEZ, ET AL. v. ORLEANS SHORING, LLC, ET AL., Case No. 2:16-cv-03005-CJB-KWR (E.D. La.). The litigation comprises the Plaintiffs' claims against the Defendants pursuant to the Fair Labor Standards Act regarding unpaid overtime wages. The Plaintiffs filed their complaint on April 13, 2016, alleging that they were hired as manual laborers at various job sites throughout Louisiana to assist Defendant Orleans Shoring, LLC with foundation repair and home elevation. Specifically, the putative class to which the Plaintiffs seek to facilitate notice consists of a class of the Defendants' employees limited to: All individuals who worked or are working performing manual labor directly for Santicima Trinidad, LLC, La Divina Misericordia, LLC, Antonio Nunez, or Antonio Nunez Reyes during the previous three years, and who are eligible for overtime pay pursuant to the FLSA, 29 U.S.C. Section 207 and who did not receive full overtime compensation. The Defendants will have 14 days from the entry of the Court's Order, or through an including July 26, 2016, to produce the full names, dates of employment, and last known addresses of all potential class members. Judge Barbier also directed the parties to meet, confer, and thereafter submit to the Court a joint proposal of notice no later than 21 days after entry of the Court's Order, or through an including August 2, 2016. If the parties are unable to agree on the proposed notice, the parties will file the appropriate motion(s) with their objections no later than 21 days after entry of the Court's Order, or through an including August 2. The Plaintiffs' counsel will have 30 days from the date the proposed notice is approved by the Court to transmit the notice and consent form to all potential class members via U.S. mail. Potential class members may opt in to this collection action if: (1) they have mailed, faxed, or emailed their consent form to counsel for the class within 90 days after the notice and consent forms have been mailed out to the class; or (2) they show good cause for any delay. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=6PrYMIe7 PERFUMANIA HOLDINGS: Must Defend Against Family Medicine Suit ------------------------------------------------------------- Judge William H. Steele denied the defendants' corrected motion to dismiss the plaintiff's amended complaint in the case captioned FAMILY MEDICINE PHARMACY, LLC, Plaintiff, v. PERFUMANIA HOLDINGS, INC., et al., Defendants, Civil Action No. 15-0563-WS-C (S.D. Ala.). A full-text copy of Judge Steele's July 5, 2016 order is available at https://is.gd/IJrb1c from Leagle.com. The putative class action arises from alleged violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005. The plaintiff, Family Medicine Pharmacy LLC, alleged that it received unsolicited faxes advertising the defendants' products on June 30, 2015, and again on September 23, 2015. Both fax advertisements bore the name "Quality Fragrance Group" and purported to market discounted men's and women's fragrances for commercial sale. The fax header running across the top of each advertisement began with the phrase "From: Perfumania." Family Medicine maintains that these two facsimile transmissions violated the TCPA's prohibition on unsolicited junk faxes, and that the defendants' violations were knowing and willful. On that basis, the plaintiff sought treble statutory damages for each alleged violation, plus a declaratory judgment that these faxes violate the TCPA, a permanent injunction "prohibiting Defendants' practice of sending or causing to be sent unsolicited advertisements," and reasonable attorney's fees and costs. Family Medicine Pharmacy, LLC, Plaintiff, represented by Diandra S. Debrosse & James H. McFerrin, The McFerrin Law Firm. Perfumania Holdings, Inc., Defendant, represented by Clyde Whitaker Steineker, Fred M. Haston, III, Bradley Arant Boult Cummings, LLP, Andre K. Cizmarik -- akcizmarik@mintz.com -- Mintz, Levin, Cohn, Ferris, Glovsky & Popep, P.C., Anthony Joseph Viola - - ajviola@mintz.com -- Mintz Levin Cohen Ferris Glovsky & Popeo PC & Kevin M. McGinty -- kmcginty@mintz.com -- Mintz, Levin, Cohn, Ferris, Glovsky & Popep, P.C.. Perfumania, Inc., Defendant, represented by Clyde Whitaker Steineker. Quality King Fragrance, Inc., Defendant, represented by Clyde Whitaker Steineker, Andre K. Cizmarik, Mintz, Levin, Cohn, Ferris, Glovsky & Popep, P.C., Anthony Joseph Viola, Mintz Levin Cohen Ferris Glovsky & Popeo PC & Kevin M. McGinty, Mintz, Levin, Cohn, Ferris, Glovsky & Popep, P.C.. Quality Fragrance Group, Defendant, represented by Fred M. Haston, III, Bradley Arant Boult Cummings, LLP & Clyde Whitaker Steineker. PHILLIPS & COHEN: Illegally Collects Debt, "Carmicino" Suit Says ---------------------------------------------------------------- Jerri Carmicino, on behalf of all others similarly situated v. Phillips & Cohen Associates, Ltd., Case No. 1:16-cv-04860 (S.D.N.Y., June 23, 2016), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Phillips & Cohen Associates, Ltd. owns and operates a debt collection firm headquartered at 1002 Justison Street Wilmington, DE 19801 United States. Jerri Carmicino is a pro se plaintiff. POINT AND PAY: Faces "Cross" Suit in M.D. Fla. ---------------------------------------------- A class action lawsuit has been filed against Point and Pay, LLC. The case is captioned David Cross, an Individual, on behalf of himself and all others similarly situated, the Plaintiff, v. Point and Pay, LLC, a Delaware Corporation, the Defendant. Case No. 6:16-cv-01182-CEM-KRS (M.D. Fla., June 29, 2016). The assigned Judge is Hon. Carlos E. Mendoza. Point & Pay provides payment processing solutions in the United States. The Plaintiff is represented by: Edmund A. Normand, Esq. Normand Law, PLLC 62 W. Colonial St., Suite 209 Orlando, FL 32814 Telephone: (407) 603 6031 E-mail: ed@ednormand.com PROSPER FUNDING: Has $5.9MM Settlement Liability Reserve -------------------------------------------------------- Prosper Funding LLC and Prosper Marketplace, Inc. said in their Form 8-K Report filed with the Securities and Exchange Commission on July 8, 2016, that the Company's reserve for a class action settlement liability is $5.9 million. On November 26, 2008, plaintiffs filed a class action lawsuit against PMI and certain of its executive officers and directors in the Superior Court of California, County of San Francisco, California (the "Superior Court"). The suit was brought on behalf of all promissory note purchasers on the platform from January 1, 2006 through October 14, 2008. The lawsuit alleged that PMI offered and sold unqualified and unregistered securities in violation of the California and federal securities laws. The lawsuit sought rescission damages against PMI and the other named defendants, as well as treble damages against PMI and the award of attorneys' fees, experts' fees and costs, and pre-judgment and post-judgment interest. On July 19, 2013, solely to avoid the costs, risks and uncertainties inherent in litigation, and without admitting any liability or wrongdoing, the parties to the class action litigation pending before the Superior Court, entered into a Stipulation and Agreement of Compromise, Settlement, and Release (the "Settlement") setting forth an agreement to settle all claims related thereto. In connection with the Settlement, PMI agreed to pay the plaintiffs an aggregate amount of $10 million, payable in four lump sum payments of $2 million in 2014, $2 million in 2015, $3 million in 2016 and $3 million in 2017. On April 16, 2014, the Superior Court granted final approval of the Settlement. Subject to satisfaction of the conditions set forth in the Settlement, the defendants will be released by the plaintiffs from all claims concerning or arising out of the offering of promissory notes on the platform from January 1, 2006 through October 14, 2008. The reserve for the class action settlement liability is $5.9 million on PMI's consolidated balance sheet as of December 31, 2015. REFINERY SPECIALTIES: Jarrett Seeks Certification of FLSA Class --------------------------------------------------------------- The Plaintiffs in the lawsuit styled CODY JARRETT, FRANKLIN MATCHETT and MIGUEL TREJO, Each Individually and on Behalf of All Others Similarly Situated v. REFINERY SPECIALTIES, INC., and MICKEY D. TUCKER, Case No. 4:16-cv-00218 (S.D. Tex.), ask the Court to conditionally certify this class: All of Defendant's Supervisors and/or Operators and/or Hands (or similar positions) who worked at any time after January 25, 2013. The Plaintiffs brought the Case on behalf of certain former and current oil field employees of Defendants Refinery Specialties, Inc., and Mickey D. Tucker, to recover overtime wages and other damages pursuant to the Fair Labor Standards Act. The Plaintiffs allege that they were not paid fully for all of their overtime work. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=7B3IJ0na The Plaintiffs are represented by: Josh Sanford, Esq. SANFORD LAW FIRM, PLLC One Financial Center 650 S. Shackleford Road, Suite 411 Little Rock, AR 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 E-mail: josh@sanfordlawfirm.com SALOV NORTH: Kumar Seeks Certification of Class ----------------------------------------------- Mr. Rohini Kumar in the class action lawsuit entitled ROHINI KUMAR, an individual, on behalf of herself, the general public and those similarly situated, the Plaintiff, v. SALOV NORTH AMERICA CORP., the Defendant, Case No. 4:14-cv-02411-YGR (N.D. Cal.), asks the Court to certify a class of: "All purchasers in California of liquid Filippo Berio brand olive oil of any grade (including extra virgin, pure, or extra light), between May 23, 2010 and August 31, 2015." The Plaintiff further requests that the Court: (1) appoint Plaintiff Rohini Kumar as class representative on all claims; (2) appoint Gutride Safier LLP and Tycko & Zavareei LLP as class Counsel; and (3) order the parties to meet and confer and present this Court, within 15 days of an order granting class certification, a proposed notice to the certified class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8cNSnBde The Plaintiff is represented by: Adam J. Gutride, Esq. Seth A. Safier, Esq. Kristen G. Simplicio, Esq. GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 639 9090 Facsimile: (415) 449 6469 - and - Hassan A. Zavareei, Esq. Jeffrey D. Kaliel, Esq. Andrew J. Silver, Esq. TYCKO & ZAVAREEI LLP 1828 L Street, N.W., Suite 1000 Washington, DC 20036 Telephone: (202) 973 0900 Facsimile: (202) 973 0950 SCOTT PERRY: Illegally Collects Debt, "Schneider" Suit Claims ------------------------------------------------------------- Steven Schneider, on behalf of himself and all others similarly situated v. Scott, Perry & Associates, Kevin Scott and John Does 1-25, Case No. 2:16-cv-03463 (E.D.N.Y., June 23, 2016), seeks to stop the Defendant's unfair and unconscionable means to collect a debt. The Defendants operate a law firm that offers debt collection and civil litigation services. The Plaintiff is represented by: Yitzchak Zelman, Esq. MARCUS ZELMAN LLC 1500 Allaire Avenue, Suite 101 Ocean, NJ 07712 Telephone: (732) 695-3282 Facsimile: (732) 298-6256 E-mail: yzelman@marcuszelman.com SCOUT INDUSTRIES: Faces "Sweetser" Suit in District of New Mexico ----------------------------------------------------------------- A class action lawsuit has been commenced against Scout Industries, LLC and Chad Ingram. The case is captioned Kelly Sweetser, individually and on behalf of all others similarly situated v. Scout Industries, LLC and Chad Ingram, Case No. 2:16-cv-00640-LAM-CG (D.N.M., June 23, 2016). Scout Industries, LLC offers cyber security and encryption solutions and support to the U.S. Government, quasi-governmental agencies, and the private sector with the main objective of addressing the increasing vulnerabilities and cyber attacks experienced today at all levels of government, military, and private sectors. The Plaintiff is represented by: Patrick Harry Peluso, Esq. WOODROW & PELUSO, LLC 3900 East Mexico Avenue, Suite 300 Denver, CO 80210 Telephone: (720) 213-0676 Facsimile: (303) 927-0809 E-mail: ppeluso@woodrowpeluso.com SPECIALIZED LOAN: "Plyler" Sues Over Loan Discrepancies ------------------------------------------------------- James R. Plyler and Traci L. Plyler, individually and on behalf of all other similarly situated persons, Plaintiffs, v. Specialized Loan Servicing, LLC Defendant, Case No. 1:16-cv-01709 (D. Colo., July 5, 2016), seeks actual, statutory and punitive damages, costs, expenses and reasonable attorney fees resulting from breach of fiduciary duties, negligence, breach of contract and violation of the Truth In Lending Act. Specialized Loan Servicing, LLC is a limited liability corporation with its principal of business at 8742 Lucent Road, Suite 300, Highland Ranch, CO 80129. SLS is in the business of servicing mortgage loans. It services the Plaintiff's loan. Plaintiff raised concerns on the application of their allocated payments between interest and principal and alleges that their payments were not applied in a manner that was agreed upon in their contract. Plaintiff is represented by: Joe R. Whatley, Jr. WHATLEY KALLAS, LLP 720 East Durant Avenue, Suite E6 Aspen, CO 81611 Tel: (970) 300-4848 Fax: (970) 429-8280 Email: jwhatley@whatleykallas.com - and - Alan M. Mansfield, Esq. WHATLEY KALLAS, LLP 16870 W. Bernardo Dr., Suite 400 San Diego, CA 92127 Tel: 858-674-6641 Fax: 855-274-1888 Email: amansfield@whatleykallas.com - and - Lange Clark, Esq. LAW OFFICE OF LANGE CLARK, P.C. 301 19th Street North, Suite 550 Birmingham, AL 35203 Tel: (205) 939-3933 Email: langeclark@langeclark.com - and - Robert C. Keller RUSSO, WHITE & KELLER, P.C. 315 Gadsden Highway, Suite D Birmingham, AL 35235 Tel: (205) 833-2589 Email: rjlawoff@bellsouth.net TARGET CORP: Faces "Walters" Suit in S.D. Fla. ---------------------------------------------- A class action lawsuit has been filed against Target Corp. The case is captioned James Walters, on Behalf of Himself and Those Similarly Situated, the Plaintiff, v. Target Corp., the Defendant, Case No. 3:16-cv-01678-L-MDD (S.D. Fla., June 29, 2016). The assigned Judge is Hon. M. James Lorenz. Target Corporation is the second-largest discount retailer in the United States, behind Walmart. The Plaintiff is represented by: Jeffrey Douglas Kaliel, Esq. TYCKO AND ZAVAREEI LLP 1828 L Street NW, Suite 1000 Washington, DC 20036 Telephone: (202) 973 0900 Facsimile: (202) 973 0950 E-mail: jkaliel@tzlegal.com TEMPLETON FINANCIAL: Has Sent Unsolicited Calls, Action Claims -------------------------------------------------------------- Brian Barnes, individually and on behalf of all others similarly situated v. Templeton Financial Group, Inc., Case No. 3:16-cv- 00446 (W.D. Wis., June 23, 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. Templeton Financial Group, Inc. owns and operates an investment firm located at 5300 W Atlantic Ave Suite 612, Delray Beach, FL 33484. The Plaintiff is represented by: Patrick Harry Peluso, Esq. Steven Lezell Woodrow, Esq. WOODROW & PELUSO, LLC 3900 East Mexico Ave., Suite 300 Denver, CO 80210 Telephone: (720) 213-0676 E-mail: ppeluso@woodrowpeluso.com swoodrow@woodrowpeluso.com - and - Stefan Coleman, Esq. LAW OFFICES OF STEFAN COLEMAN, P.A. 201 S Biscayne Blvd, 28th Floor Miami, FL 33131 Telephone: (877) 333-9427 Facsimile: (888) 498-8946 E-mail: law@stefancoleman.com THERANOS INC: Sued in D. Ariz. Over Edison Blood Test Accuracy -------------------------------------------------------------- Kimberly Toy, on behalf of herself and all others similarly situated, the Plaintiffs, v. Theranos, Inc., a California Corporation; Walgreens Boots Alliance, Inc., a Delaware Corporation; and Elizabeth Holmes, a California resident, the Defendants, Case No. 2:16-cv-02138-GMS (D. Ariz., June 29, 2016), seeks damages caused by Defendants misleading and false marketing and sale of blood testing services and sold at Wellness Centers located in Walgreens retail stores. Theranos developed a "tiny" blood test using a device called Edison, which it claimed revolutionized blood testing by using a tiny needle to collect a small blood sample and conduct hundreds of blood tests, all outside a lab. In 2013, Theranos entered into a partnership agreement with Walgreens to sell its blood tests at Theranos Wellness Centers inside Walgreens retail locations. Walgreens conducted no substantive due diligence regarding the reliability and accuracy of Theranos's blood tests before entering into an agreement with Theranos to provide its services at Walgreens and heavily advertise those services to its customers. Despite Walgreens reportedly injecting $50 million in capital, Theranos denied Walgreen's access to its technology and laboratory. Nevertheless, to avoid losing Theranos to another retailer, Walgreens entered into the agreement. The Plaintiff, individually and for members of the Class, requests that the Court enter judgment in their favor and against Defendants, as follows: (a) Certification of the proposed Class, including appointment of Plaintiff's counsel as Class Counsel and Plaintiff as class representative; (b) An order temporarily and permanently enjoining Defendants from continuing the unlawful, deceptive, fraudulent, and unfair business practices alleged in this Complaint; (c) Costs, restitution, damages, including punitive damages, and disgorgement in an amount to be determined at trial; (d) An order requiring Defendants to pay both pre- and post- judgment interest on any amounts awarded; (e) An award of costs and attorneys' fees; and (f) Such other or further relief as may be appropriate. The Plaintiff seeks certification of the following class: "All consumers who purchased a Theranos blood test in a Theranos Wellness Center located in a Walgreens' store in Arizona." Theranos is a consumer health technology company, one that entered the laboratory testing market and focused on blood-based tests. The Plaintiff is represented by: Robert B. Carey, Esq. Leonard W. Aragon, Esq. Steve Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 11 West Jefferson Street, Suite 1000 Phoenix, Arizona 85003 Telephone: (602) 840 5900 E-mail: rob@hbsslaw.com leonard@hbsslaw.com steve@hbsslaw.com - and - Stuart M. Paynter, Esq. THE PAYNTER LAW FIRM PLLC 1200 G Street N.W., Suite 800 Washington, DC 20005 Telephone: (202) 626 4486 E-mail: stuart@paynterlawfirm.com TIME WARNER: HSGCHG Investments Suit Sent to Arbitration -------------------------------------------------------- In the case captioned HSGCHG Investments, LLC, Plaintiff, v. Time Warner Cable Enterprises LLC, Defendant, Civil Action No. 4:15-CV- 04401-RBH (D.S.C.), Judge R. Bryan Harwell granted the defendant's motion to dismiss the plaintiff's amended complaint and to compel arbitration. A full-text copy of Judge Harwell's July 5, 2016 order is available at https://is.gd/gRe4u3 from Leagle.com. HSGCHG Investments, LLC and Time Warner Cable Enterprises LLC had entered into a contract, known as the Business Class Phone and Business Class Trunk Service Agreement, wherein HSGCHG agreed to utilize the services provided by Time Warner, including internet access, voice and data services, and fiber optic cable service as part of an event, the Swamp Fox Biker Bash, to be held at the Swamp Fox Entertainment Complex. HSGCHG alleged that Time Warner defaulted on the agreement by failing to install fiber optic cable in accordance with the agreed-upon schedule. As a result, HSGCHG was forced to cancel the Swamp Fox Biker Bash, thereby causing HSGCHG damage and injury, including significant lost profits. Thereafter, HSGCHG filed suit seeking a declaratory judgment regarding the rights and responsibilities of the parties under S.C. Code Ann. section 15-53-10 et seq. Specifically, HSGCHG sought a declaratory judgment rendering unenforceable Section 22.0 of the Terms & Conditions concerning venue and Section 14.0 limiting Time Warner's liability. HSGCHG Investments LLC, Plaintiff, represented by Louis H. Lang -- louislang@callisontighe.com -- Callison Tighe and Robinson & William Taylor Stanley -- taylorstanley@callisontighe.com -- Callison Tighe and Robinson. Time Warner Cable Enterprises LLC, Defendant, represented by Frank Rogers Ellerbe, III -- fellerbe@robinsonlaw.com -- Robinson McFadden and Moore, Bonnie D. Shealy -- bshealy@robinsonlaw.com -- Robinson McFadden and Moore & Kevin Kendrick Bell -- kbell@robinsonlaw.com -- Robinson McFadden and Moore. TIME WARNER: Court Denies 3rd Summary Judgment Bid in "Johnson" --------------------------------------------------------------- Judge Cameron McGowan Currie denied Time Warner Cable's third motion for summary judgment in the case captioned Stanley Johnson, individually and on behalf of all others similarly situated, Plaintiff, v. Time Warner Entertainment-Advance/Newhouse Partnership d/b/a/Time Warner Cable, and Time Warner Cable Southeast LLC d/b/a Time Warner Cable, Defendants, No. 3:15-cv- 01727-CMC (D.S.C.). A full-text copy of Judge Currie's July 5, 2016 opinion and order is available at https://is.gd/rMgtW9 from Leagle.com. Stanley Johnson sought recovery on behalf of himself and others similarly situated for alleged unauthorized placement of cable transmission lines and related equipment on or under land he purchased on July 1, 2014. Relief was sought under various legal theories, all of which depend on the dual premises that (1) defendants Time Warner Entertainment Advance/Newhouse Partnership and Time Warner Cable Southeast, LLC, or their predecessors in interest, placed the cable lines on or under the property without authorization prior to Johnson's purchase and (2) the cable lines remained on the property without authorization after Johnson's purchase. Stanley Johnson, Plaintiff, represented by Christopher P. Kenney -- cpk@harpootlianlaw.com -- Richard A. Harpootlian Law Office, Richard A. Harpootlian -- rah@harpootlianlaw.com -- Richard A. Harpootlian Law Office & Tobias Gavin Ward, Jr., Tobias G Ward Jr Law Firm. Time Warner Entertainment-Advance/Newhouse Partnership, Time Warner Cable Southeast LLC, Defendant, represented by Frank Rogers Ellerbe, III -- fellerbe@robinsonlaw.com -- Robinson McFadden and Moore & Kevin Kendrick Bell -- kbell@robinsonlaw.com -- Robinson McFadden and Moore. TIRA D TOSS: Faces "Ramentol" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Alberto Porfirio Ramentol v. Tira.D.Toss, LLC and Flavio Travano, Case No. 1:16-cv-22442-KM (S.D. Fla., June 23, 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 Japanese restaurant located at 2475 Nw 95th Avenue Miami, Florida. The Plaintiff is represented by: Daniel T. Feld, Esq. LAW OFFICE OF DANIEL T. FELD, P.A. 2847 Hollywood Blvd. Hollywood, FL 33020 Telephone: (305) 308-5619 E-mail: DanielFeld.Esq@gmail.com - and - Isaac Mamane, Esq. MAMANE LAW LLC 1150 Kane Concourse, Fourth Floor Bay Harbor Islands, FL 33154 Telephone (305) 773-6661 E-mail: mamane@gmail.com TOLEDO 35: Fails to Pay Employees Overtime, "Paguay" Suit Claims ---------------------------------------------------------------- Nicolas Paguay, individually and on behalf of all others similarly situated v. Toledo 35, Inc. d/b/a Cho Dang Gol, and Nan Young Suh, Case No. 1:16-cv-04884 (S.D.N.Y., June 23, 2016), is brought against the Defendants for failure to pay overtime premium pay for hours worked over 40 hours. The Defendants own and operate Cho Dang Gol Korean Restaurant, located at 55 W 35th Street, New York, New York 10001. The Plaintiff is represented by: Brent E. Pelton, Esq. Taylor B. Graham, Esq. PELTON GRAHAM LLC 111 Broadway, Suite 1503 New York, NY 10006 Telephone: (212) 385-9700 E-mail: pelton@peltongraham.com graham@peltongraham.com TWO BROS: Faces "Molina" Suit Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Valentin Garcia Molina, and Roger M. Guerrero, individually and on behalf of those similarly situated v. Two Bros. Scrap Metal Inc. and Rocco Colucci, Case No. 604691/2016 (N.Y. Sup. Ct., June 23, 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 junkyard located at 12 Sarah Drive, Farmingdale, New York 11735. The Plaintiff is represented by: Michael Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 UBER TECHNOLOGIES: Faces "Romine" Suit Over Failure to Pay OT ------------------------------------------------------------- Andrew Romine, individually and on behalf of all others similarly situated v. Uber Technologies, Inc., Rasier, LLC, and John Does 1- 10, Case No. 3:16-cv-00371 (E.D. Tenn., June 23, 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 the Uber transportation service and is authorized to conduct business and does conduct business throughout the State of Tennessee. The Plaintiff is represented by: Philip N. Elbert, Esq. Charles F. Barrett, Esq. Jeffrey A. Zager, Esq. One Nashville Place Suite 2000, 150 Fourth Avenue North Nashville, TN 37219 Telephone: (615) 244-1713 Facsimile: (615) 726-0573 E-mail: pelbert@nealharwell.com cbarrett@nealharwell.com jzager@nealharwell.com - and - Paul B. Maslo, Esq. Hunter J. Shkolnik, Esq. NAPOLI SHKOLNIK PLLC 360 Lexington Ave., 11th Floor New York, NY 10017 Telephone: (212) 397-1000 E-mail: pmaslo@napolilaw.com hunter@napolilaw.com - and - Brittany Weiner, Esq. IMBESI LAW P.C. 450 Seventh Avenue, Suite 1408 New York, NY 10123 Telephone: (212) 736-0007 E-mail: brittany@lawicm.com UNITED STATES: Appeal Filed in "Mehta" Immigration Class Suit ------------------------------------------------------------- Plaintiffs Chintan Mehta, Soury Hazra, Vankata Shiva Ayyagari, Wang Qi, Yuan Quan, Ranjit Jain, Satyavan Panda, Ravi Gusain, Akshay Kawale, Xiao Haifeng, Vanshaj Bindal, Ravi Vishnuvardhan, Anandhi Srinivasan, International Medical Graduate Taskforce and Venkata Surapaneni filed an appeal from a court ruling in the lawsuit titled Chintan Mehta, et al. v. U.S. Department of State, et al., Case No. 2:15-cv-01543-RSM, in the U.S. District Court for the Western District of Washington, Seattle. The appellate case is captioned as Chintan Mehta, et al. v. U.S. Department of State, et al., Case No. 16-35568, in the United States Court of Appeals for the Ninth Circuit. Kat Greene, writing for Law360, reported that a proposed class of potentially 20,000 immigrants lost their suit over an abrupt change to the October visa bulletin when Washington federal judge Ricardo S. Martinez ruled in May 2016 the bulletin wasn't a final rule that could be challenged in court. The immigrants had argued that the U.S. Department of State's last-minute change pushing back the cutoff dates when workers from certain countries could apply for a green card was arbitrary and capricious, and unfairly locked out some immigrants who would have otherwise been able to file an employment-based application to be admitted as permanent residents, court records show. The bulletin has never been revised after it was issued in a way that negatively affected visa applicants' ability to use it for guidance on when they can file their applications, the plaintiffs had argued. But Judge Martinez sided with the State Department, finding that he didn't have jurisdiction over the dispute because the bulletin wasn't a final decision by the agency under the Administrative Procedures Act, according to the ruling. The Defendants-Appellees are the U.S. DEPARTMENT OF STATE; JOHN F. KERRY, in his official capacity as Secretary of State; DEPARTMENT OF HOMELAND SECURITY; JEH JOHNSON, in his official capacity as Secretary of Homeland Security; U.S. CITIZENSHIP AND IMMIGRATION SERVICES; and LEON RODRIGUEZ, in his official capacity as Director, U.S. Citizenship and Immigration Services. Plaintiffs-Appellants CHINTAN MEHTA, SOURY HAZRA, VANKATA SHIVA AYYAGARI, WANG QI, YUAN QUAN, RANJIT JAIN, SATYAVAN PANDA, RAVI GUSAIN, AKSHAY KAWALE, XIAO HAIFENG, VANSHAJ BINDAL, RAVI VISHNUVARDHAN, ANANDHI SRINIVASAN, INTERNATIONAL MEDICAL GRADUATE TASKFORCE and VENKATA SURAPANENI are represented by: Andrew Free, Esq. LAW OFFICES OF ELLIOTT OZMENT 1214 Murfreesboro Pike Nashville, TN 37217 Telephone: (844) 321-3221 Facsimile: (615) 829-8959 E-mail: andrew@immigrantcivilrights.com - and - Robert Pauw, Esq. GIBBS HOUSTON PAUW 1000 Second Avenue Seattle, WA 98104 Telephone: (206) 682-1080 Facsimile: (206) 689-2270 E-mail: rpauw@ghp-law.net The Defendants-Appellees are represented by: Helen J. Brunner, Esq. ASSISTANT U.S. ATTORNEY DOJ - OFFICE OF THE U.S. ATTORNEY 700 Stewart Street Seattle, WA 98101 Telephone: (206) 553-7970 E-mail: Micki.Brunner@usdoj.gov - and - Glenn Matthew Girdharry, Esq. Sarah Stevens Wilson, Esq. SENIOR LITIGATION COUNSEL DOJ - U.S. DEPARTMENT OF JUSTICE P.O. Box 868 Ben Franklin Station Washington, DC 20044 Telephone: (202) 532-4807 Facsimile: (202) 305-7000 E-mail: glenn.girdharry@usdoj.gov tenille.wilson@usdoj.gov - and - Erez Reuveni, Esq. U.S. DEPARTMENT OF JUSTICE 450 5th Street, N.W. Washington, DC 20530 Telephone: (202) 307-4293 E-mail: erez.r.reuveni@usdoj.gov VCG HOLDING: Does Not Properly Pay Employees, "McGrew" Suit Says ---------------------------------------------------------------- Melissa McGrew, Sarah Gunter, and Kristina Dunlap, on behalf of themselves and all others similarly situated v. VCG Holding Corp., Kentucky Restaurant Concepts, Inc. d/b/a PT'S Showclub Louisville, Troy Lowrie, and Michael Ocello, Case No. 3:16-cv-00397-TBR (W.D. Ken., June 23, 2016), is brought against the Defendants for failure to pay minimum wage pursuant to the Fair Labor Standards Act. The Defendants operate an adult entertainment venue located at 227 E. Market Street, Louisville, KY. 40202. The Plaintiff is represented by: Trent Taylor, Esq. Robert E. DeRose, Esq. BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP 250 E. Broad St., 10th Floor Columbus, OH 43215 Telephone: (614) 221-4221 E-mail: ttaylor@barkanmeizlish.com bderose@barkanmeizlish.com - and - Harold L. Lichten, Esq. Thomas P. Fowler, Esq. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994 5800 E-mail: hlichten@llrlaw.com tfowler@llrlaw.com - and - Donald F. Fontaine, Esq. 97 India Street P.O. Box 7590 Portland, ME 04112 Telephone: (207) 879-1300 E-mail: dff@fontainelaw.com VIRIDIAN ENERGY: Court Narrows Claims in "Mirkin" Suit ------------------------------------------------------ Judge Stefan R. Underhill granted, in part, and denied, in part, the defendant's motion to dismiss in the case captioned SUSANNA MIRKIN, et al., Plaintiffs, v. VIRIDIAN ENERGY, INC., Defendant, No. 3:15-cv-1057 (SRU) (D. Conn.). On July 10, 2015, the plaintiffs, Susana and Boris Mirkin, filed a putative class action against the defendant, Viridian Energy, Inc., alleging violations of N.Y. G.B.L. sections 349-d(7), 349- d(3), and 349, and unjust enrichment, and asserting that they represented a class that met the requirements of the Class Action Fairness Act, 28 U.S.C. sections 1332, et seq. The Mirkins filed a First-Amended Complaint on December 18, 2015, replacing the unjust enrichment claim with claims for breach of contract and of the implied covenant of good faith and fair dealing. On January 8, 2016, Viridian moved to dismiss. Judge Underhill granted the motion to dismiss the section 349-d(7) claim (Count One) and the implied covenant claim (Count Five), but denied the motion to dismiss the section 349 and 349-d(3) claims (Counts Two and Three) and the breach of contract claim (Count Four). A full-text copy of Judge Underhill's July 5, 2016 ruling and order is available at https://is.gd/YiyGPR from Leagle.com. Susanna Mirkin, Boris Mirkin, Plaintiff, represented by Daniel Hymowitz, Hymowitz Law Group, PLLC, pro hac vice, J. Burkett McInturff -- jbm@wittelslaw.com -- Wittels Law, P.C., pro hac vice, Joseph D. Garrison, Garrison Levin-Epstein Richardson Fitzgerald & Pirrotti PC & Steven L. Wittels -- slw@wittelslaw.com -- Wittels Law, P.C., pro hac vice. Viridian Energy, Inc., Defendant, represented by Daniel S. Blynn -- dsblynn@venable.com -- Venable LLP, pro hac vice, Eric S. Berman -- esberman@venable.com -- Venable LLP, pro hac vice, Shahin O. Rothermel -- sorothermel@venable.com -- Venable LLP, pro hac vice & Patrick J. McHugh -- pmdhugh@patrickmchughlaw.com -- Law Offices of Patrick Mchugh. WAL-MART STORES: "Franklin" Suit Consolidated in MDL 2705 --------------------------------------------------------- Tara Franklin, individually and o/b/o similarly situated, the Plaintiff, v. Wal-Mart Stores Inc. and Kraft Heinz Foods Company, the Defendants, Case No. 8:16-cv-00515, was transferred from the U.S. District Court for the Middle District of Florida, to the U.S. District Court for the Northern District of Illinois - Chicago). The Northern District Court Clerk assigned Case No. 1:16-cv-06164 to the proceeding. The "Franklin" case is being consolidated with MDL 2705 in re: 100% GRATED PARMESAN CHEESE MARKETING AND SALES PRACTICES LITIGATION. The MDL was created by order of the United States Judicial Panel on Multidistrict Litigation On June 2, 2016. All actions involve the alleged mislabeling of any 100% grated parmesan cheese product in the Eastern District of Missouri. They request that the MDL encompass the actions in their initial motion concerning Kraft and Wal-Mart, as well as potential tag-along actions involving Target, SuperValu, Albertsons, and the ICCO- Cheese Company. In its June 2, 2016 order, the MDL panel found that common factual questions arise from plaintiffs' allegations that defendants deceived consumers by marketing products containing cellulose as "100%" grated parmesan cheese. Common factual issues will include the underlying laboratory testing, consumer perception of the labeling representation, the alleged impact on pricing, and ICCO's alleged role as a common supplier for Wal-Mart and other stores selling house brand "100%" grated parmesan cheese products. Presiding Judge in the MDL is Hon. Gary Feinerman, United States District Judge. The lead case is 1:16-cv- 05802. Wal-Mart is an American multinational retail corporation that operates a chain of hypermarkets. The Plaintiff is represented by: Richard J. Lantinberg, Esq. THE WILNER FIRM, PA 444 E Duval St, 2nd Floor Jacksonville, FL 32202 Telephone: (904) 446 9817 Facsimile: (904) 446 9825 E-mail: Rlantinberg@wilnerfirm.com The Defendants are represented by: Angelika Hunnefeld, Esq. GREENBERG TRAURIG 333 Avenue of the Americas, Suite 4400 Miami, FL 33131 Telephone: (305) 579 0500 Facsimile: (305) 579 0717 E-mail: hunnefelda@gtlaw.com WASABI K SUSHI: Faces "Zeng" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Fan Chao Zeng, Ming Rong Wang, individually and on behalf of all other employees similarly situated v. Wasabi K Sushi, Inc. d/b/a Wasabi Japanese Cuisine, Jacky Chen, Jian Qing Zhen, and John or Jane Does 1-10, Case No. 1:16-cv-03326 (E.D.N.Y., June 21, 2016), was brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate Wasabi K Sushi restaurant located at 144 Mott St, Oceanside NY 11572-5523. Fan Chao Zeng and Ming Rong Wang are pro se plaintiffs. ********* 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. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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