/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.
*********
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Copyright 2016. All rights reserved. ISSN 1525-2272.
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