/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/160727.mbx C L A S S A C T I O N R E P O R T E R Wednesday, July 27, 2016, Vol. 18, No. 149 Headlines 1-800 FLOWERS.COM: Faces "Conkli" Suit Over FLSA Violation 100 SNOW: Faces "Iames" Lawsuit Alleging Violations of FLSA 2007 GASLIGHT: Tenant May Amend Class Cert. Bid, App. Court Says A&A AUTO: Faces "Donis" Lawsuit Alleging Violation of FLSA ACCRETIVE HEALTH: Debt Not in Default at the Time of Collection ADVANCED CARE: Settlement with Jefferson Radiation Has Initial OK AKIMA INFRASTRUCTURE: Oct. 6 Case Management Conference Set ALUM-A-FOLD: Faces "Leon" Suit Alleging Labor Law Violation AMERICAN INTERNATIONAL: Faces "Hale" Suit Alleging TCPA Violation AMERICAN LAFRANCE: Plaintiff's Counsel Fined for Cancelled Talks AMERICAN NATIONAL: Judge Dismissed Labor Claims in "Warman" Suit ASSET RECOVERY: Preliminary Approval Hearing Set for Sept. 22 BARCLAYS PLC: Faces "Anderson" Suit Over Envision-AMSURG Merger BATH & BODY: Settlement in "Jones" Suit Has Final Approval BCB BANCORP: Dismissal of "Resua" Class Suit Upheld BOOM CARWASH: Faces "Chiekezi" Suit Under FLSA, N.Y. Labor Laws BURRTEC WASTE: Appeals Court Affirmed Order Slashing Counsel Fees CAPITAL ACCOUNTS: Faces "Nedrick" Suit in D.N.J. CHARLES SCHWAB: "Crago" Suit Alleges Securities Act Violation CHRISTOPHER PALACE: "Ayala" Suit Seeks Minimum, Overtime Pay CONNECTICUT: State Board of Education Faces Class Action COOK COUNTY, IL: Judge Discarded Stroked Inmate's Suit COOK COUNTY, IL: 7th Cir. Affirms Decertification in "Phillips" CORAL REEF: Judge Grants Final Approval of Class Settlement CORDIS CORP: Court Wants Briefing on Jurisdiction CUMBERLAND UNIVERSITY: Wins Dismissal of "Hitchcock" Suit DEVELOPMENTAL PATHWAYS: Faces "Bagoue" Lawsuit Under FLSA DOMETIC CORP: Reply to "Papasan" Suit Due Aug. 19 DT MAINTENANCE: Faces Sky Management Suit in S.D.N.Y. EDGEWELL PERSONAL: Faces "Fernandez" Suit Over False Ad EMBASSY HEALTHCARE: India Channels Sues Under FLSA, Ohio Wage Act EVERGREEN RECREATIONAL: Faces "Grimes" Suit Pursuant to WARN Act EXPEDITORS & PRODUCTION: Agreed Motion to Certify Class Filed FCA US LLC: "Vosburgh" Sues over Defective Shifters FEDERAL INSURANCE: Bancorpsouth Sues Over Denial of Coverage FREDERICK J. HANNA: "Schell" Settlement Granted Preliminary OK GEO GROUP: Faces Suit Alleging Non-payment of Wages, Force Labor GOLDEN 88: Faces "Chong" Suit Over FLSA, N.Y. Labor Law Breach GOLDEN STATE FC: "Parson" Lawsuit Dismissed GRAND DADDYS: May Execute Terms of "Mays" Suit Settlement GREAT AMERICAN PLUMBING: Judge Won't Let Plaintiffs Amend Suit HEARST COMMUNICATIONS: Nov. 10 Final Approval Hearing Set HENNEPIN COUNTY, MN: Bid for Attorneys' Fees Granted in Part HOGAN TRANSPORTATION: Faces "Fairfax" Suit Under FLSA, Wage Act IDEAL CONCEPTS: Faces "Bruno" Suit Under FLSA, Penn. Wage Act INGRAM & ASSOCIATES: Faces "Smith-Parris" Suit in D.N.J. INSMED INC: Faces "Hoey" Suit Alleging Securities Act Violation INTREXON CORP: Response to "Hoffman" Suit Deferred INTREXON CORP: Response to "Gibrall" Suit Deferred IWS INC: Judge Narrows Plaintiffs' Bid for Attorneys' Fees JANSSEN RESEARCH: Faces "Hardenbrook" Suit in La. Over Xarelto JUNO THERAPEUTICS: Faces "Veljanoski" Securities Suit in Wash. KENTUCKY: Woodcock's Suit Amendments Fails to Win Judge's Nod KEVIN B. WILSON LAW: Faces "Tucker" Suit in M.D. Fla. KRISPY KREME: "Lomax" Sues over Shady Merger Deal LA MANSION: Faces "Castillo" Suit Alleging Violation of FLSA LANNETT CO: AHOLD USA Sues Over Alleged Violation of Sherman Act LCC INTERNATIONAL: Faces Suit in Mo. Alleging Violation of FLSA LOMA RENTALS: Faces "Arriola" Lawsuit Alleging FLSA Violation LONDON CORRECTIONAL: Sabo's Motions Nixed Prior to Sept 6 Reply MARKETO INC: Faces "Rosati" Securities Suit Over Sale to Vista MATCH GROUP: Glancy Prongay & Bragar Eagel Named Co-Lead Counsel MDL 2067: "Kiossovski" Complaint Survives Dismissal Bid MDL 2672: $15-Bil. Settlement in 2.0L Cars Suit Wins Initial OK MDL 2672: VW Working on New Settlement Proposal for 3.0L Cars MERCANTILE ADJUSTMENT: Faces "Maslaton" Suit in E.D.N.Y. MIDLAND CREDIT: Faces "Hofstatter" Suit Over FDCPA Breach MINNEAPOLIS, MN: CA Affirms Ruling in "DRB #24" Suit MONTGOMERY: Bid to Dismiss "McConville" Suit Denied MORAL HOME: Faces "Guerrero" Suit Alleging Violation of FLSA NASSAU COUNTY, NY: Discovery Underway in "Weinstein" Suit NITRO FLUIDS: Faces "Garcia" Suit Alleging Violation of FLSA NORTH AMERICAN BANCARD: Offer of Judgment Did Not Moot Claims NY F&B: Magistrate Judge's Report Adopted, "Reyes" Suit Dismissed OMNI HEALTHCARE: Faces Mich. Lawsuit Alleging Violation of FLSA OPAI THAI: "De Los Santos" Suit Seeks Unpaid Overtime Wages ORACLE CORP: Faces "Van Der Fluit" Suit Over Opower Acquisition ORTHOTICS ON THE GO: Faces "Harris" Sales Consultants' Lawsuit PAYPAL INC: Final Settlement Approval Hearing Set for Dec. 14 PENNSYLVANIA: Judge Approves Terms of Settlement in Autism Suit PFIZER INC: Faces "Graner" Suit in Cal. Over Labeling of Viagra PINEWOOD HEALTH: "Pippen" Suit Moved from Cir. Ct. to W.D. Ark. PLASTER & WALD: Faces "Benson" Lawsuit Seeking OT Pay Under FLSA PLOY DEE: Court Wanted Settlement Agreement Revised PNC BANK: "Cruz" Sues Over Share Price Drop PREMIER HOME: "Blagodar" Suit to Recover Overtime Pay QUAKER OATS: "Cooper" Suit Over Labeling Transferred to N.D. Ill. QLIK TECHNOLOGIES: Board Faces "Charles" Suit Over Sale to Thoma QLIK TECHNOLOGIES: Jeweltex Sues to Stop Sale to Thoma Bravo RA MULLIN: "Graley" Suit to Recover Overtime Pay ROSA MEXICANO: "Suarez" Suit to Recover Overtime Pay SACRAMENTO, CA: Faces "Mal Pratap" Suit in Cal. Super. Ct. SAFEWAY INC: Calif. Court Okays Removal of "Prewitt" Suit SEECO INC: Class Counsels Triumph Over Class Representative SEVENTH GENERATION: Parties Agree to Stay "Tsan" Suit SHARP ELECTRONICS: 3rd Cir. Appeal Filed in "Popejoy" Class Suit SINGING RIVER: Claims in "Montgomery" Suit Narrowed SONOMA COUNTY: Settlement Approval Hearing Moved to Oct. 4 STARBUCKS CORP: Bid to Stay "Strumlauf" Suit Granted in Part SUPREME SERVICE: Faces "Blake" Lawsuit Seeking OT Pay Under FLSA TACO BELL: Judge Granted in Part Bid for Fees in Wage & Hour Suit TARGET CORP: Faces "Knoll" Lawsuit Alleging Violation of ERISA THERANOS INCORPORATED: Faces "R.C." Suit in D. Ariz. TITAN PETROSERVICES: Faces "Edwards" Suit Over FLSA Violation TURK COLLECTORS: Faces "Murray-Sims" Suit in D.N.J. TWINS GROUP: Faces "Combs" Suit Under FLSA, Ohio Wage Act UBER TECHNOLOGIES: Aug. 18 Hearing on Bid to Enforce Subpoenas UNITED STATES: 9th Cir. Interprets Agreement and Remands Suit URANIUM ENERGY: Judge Granted Bid to Dismiss "Stephens" Suit VIACOM INC: Sunrise Retirement Suit Questions Viacom Leadership VIGILANT INSURANCE: No Breach in Obtaining Consent, Judge Says ********* 1-800 FLOWERS.COM: Faces "Conkli" Suit Over FLSA Violation ---------------------------------------------------------- VIRGINIA CONKLIN, and ALYSON CLARK, v. 1-800 FLOWERS.COM, INC. Case: 2:16-cv-00675-ALM-EPD (S.D. Ohio, July 12, 2016), seeks to recover monetary damages, liquidated damages, interest and costs, including reasonable attorneys' fees and costs under the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards Act, and the Ohio Prompt Pay Act, and also to recover for breach of contract claims. Flowers.Com, Inc. is a provider of gourmet food and floral gifts for all occasions. The Plaintiff is represented by: William F. Cash III, Esq. Brandon L. Bogle, Esq. LEVIN, PAPANTONIO, THOMAS, MITCHELL, RAFFERTY & PROCTOR, P.A. 316 South Baylen Street, Suite 600 Pensacola, FL 32502 Phone: (850) 435-7059 E-mail: bcash@levenlaw.com bbogle@levenlaw.com - and - David H. Grounds, Esq. Timothy J. Becker, Esq. Molly E. Nephew, Esq. JOHNSON BECKER, PLLC 4444 Cedar Street, Suite 1800 St. Paul, MN 55101 Phone: (612) 436-1800 Fax: (612) 436-1801 E-mail: dgrounds@johnsonbecker.com tbecker@johnsonbecker.com mnephew@johnsonbecker.com 100 SNOW: Faces "Iames" Lawsuit Alleging Violations of FLSA ----------------------------------------------------------- KAREN IAMES, Individually, and On Behalf of All Others Similarly Situated, v. 100 SNOW LLC, PARMINDER SINGH, HARRY SINGH, and PENNY BROWN, Case 1:16-cv-01891-RLY-MJD (S.D. Ind., July 15, 2016), alleges willful violations by the Defendants of the federal Fair Labor Standards Act. 100 SNOW LLC operates many convenience stores in Indiana and the State of Ohio. The Plaintiff is represented by; James A. Piatt, Esq. Anne Medlin Lowe, Esq. RILEY WILLIAMS & PIATT, LLC Hammond Block Building 301 Massachusetts Avenue Indianapolis, IN 46204 Phone: (317) 633-5270 Fax: (317) 426-3348 - and - Jason T. Brown, Esq. JTB LAW GROUP, LLC Phone: (877) 561-0000 Fax: (855) 582-5297 E-mail: jtb@jtblawgroup.com 2007 GASLIGHT: Tenant May Amend Class Cert. Bid, App. Court Says ---------------------------------------------------------------- Judge Jennifer Hensal of the Court of Appeals of Ohio, Ninth District, affirmed the Summit County Court of Common Pleas' order granting the amended motion to certify a class action in the appealed case of ROBERT MOZINGO, Appellee, v. 2007 GASLIGHT OHIO, LLC, et al., Appellants, C.A. No. 27759 (Ohio Ct. App.) Robert Mozingo lived at the Gaslight Village Mobile Home Park in Tallmadge since 2002. At the time he moved into the park, George and Patricia Waliga owned it. The Waligas purchased the park in 2007, they included their tenants' gas usage in their monthly rent. Around 2001, however, they began receiving extremely high monthly gas bills, so they decided to place a meter on each unit and charge everyone for their gas use separately. They hired a third-party company to read the individual meters for them each month. Mozingo discovered that his monthly gas bills contained an undisclosed $5.00 fee. He also discovered that he was paying a higher rate for gas than the park was paying the gas company. Mozingo has never had a written lease with the park's owners, but he has received a copy of the park's rules. Under those rules, he is responsible for paying for the natural gas he uses each month. Mozingo filed a class action complaint against the Waligas and Gaslight Ohio on behalf of all of its tenants, alleging breach of contract and violations of Revised Code Section 3733.11. The court granted Mozingo's motion for class certification, to which the Court of Appeals of Ohio, Ninth District reversed and remanded the case so that the trial court could conduct a rigorous analysis of all of the prerequisites for class action certification. On remand, Mozingo filed an amended motion to certify class action, which the trial court granted. The Waligas and Gaslight Ohio have jointly appealed the decision. Judge Hensal affirmed the judgment of the Summit County Court of Common Pleas. A copy of Judge Hensal's decision and journal entry dated July 6, 2016, is available at http://goo.gl/sE9YHIfrom Leagle.com. SCOTT J. FLYNN -- scott@flynnkeithlaw.com -- at Flynn Law Office LLC, for Appellants JONATHAN D. GREENBERG -- jdg@walterhav.com -- at Walter/Haverfield LLP, for Appellant BRIAN W. ZIMMERMAN -- bzimmerman@zimmerlaw.com -- at Zimmerman, Axelrad, Meyer Stern & Wise, for Appellant THOMAS J. CONNICK -- tconnick@connicklawllc.com -- at Connick Law LLC, for Appellee GEORGE W. COCHRAN, Attorney at Law, for Appellee A&A AUTO: Faces "Donis" Lawsuit Alleging Violation of FLSA ---------------------------------------------------------- LEONEL ROMELI MIX DONIS, and all others similarly situated under 29 U.S.C. 216(b), v. A&A AUTO PRIDE, L.L.C. d/b/a SUNNY ISLES MOBIL, ALEXANDER AYZEN, and DAGOBERTO FREITAS, Case 1:16-cv-23039- RNS (S.D. Fla., July 13, 2016), arises under the Fair Labor Standards Act. A&A Auto Pride LLC is in the general automotive repair shops industry located in Sunny Isles Beach, Florida. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Phone: (305) 865-6766 Fax: (305) 865-7167 E-mail: ZABOGADO@AOL.COM ACCRETIVE HEALTH: Debt Not in Default at the Time of Collection --------------------------------------------------------------- The United States Court of Appeals, Eleventh Circuit, affirmed the district court's grant of summary judgment to the appellee in the appealed case MAHALA A. CHURCH, Plaintiff-Appellant, v. ACCRETIVE HEALTH, INC., Defendant-Appellee, No. 15-15708 (11th Cir.) Accretive Health, Inc., working for Providence Hospital sent a letter to Mahala Church advising her that she owed a debt to the Hospital. Acting on the letter, Church filed a putative class action against Accretive Health and alleges that Accretive Health violated the Fair Debt Collections Practices Act (FDCPA) by not including in its letter certain disclosures required by the Act. Church does not allege in her complaint that she suffered actual damages from Accretive Health's failure to include the allegedly required disclosures. Rather, Church simply alleges that upon receiving the letter in question, she was very angry and cried a lot. The district court granted summary judgment in favor of Accretive Health. Church appealed the decision, questioning whether, at the time the debt at issue was obtained by Accretive Health, the debt was in default, as contemplated by the FDCPA. The United States Court of Appeals, Eleventh Circuit, affirmed the district court's grant of summary judgment. A copy of the Eleventh Circuit's per curiam dated July 6, 2016 is available at http://goo.gl/inPi2jfrom Leagle.com. Kenneth J. Riemer -- Earl Price Underwood, Jr. -- epunderwood@alalaw.com -- at Underwood & Riemer, P.C., for Plaintiff-Appellant Mahala A. Church, Andrew Brian Clubok -- andrew.clubok@kirkland.com -- Claire McCusker Murray -- claire.murray@kirkland.com -- Jennifer Levy -- jennifer.levy@kirkland.com -- Kathleen Ann Brogan -- kathleen.brogan@kirkland.com -- Kellen S. Dwyer -- at Kirkland & Ellis, LLP; Sandy G. Robinson -- sgr@cabaniss.com - at Cabaniss, Johnston, Gardner, Dumas & O'Neal LLP, for Defendant-Appellee Accretive Health, Inc. The United States Court of Appeals, Eleventh Circuit panel consists of Chief Judge Ed Carnes, Circuit Judge Joel F. Dubina and District Judge Paul C. Huck. ADVANCED CARE: Settlement with Jefferson Radiation Has Initial OK ----------------------------------------------------------------- In the case, JEFFERSON RADIATION ONCOLOGY, v. ADVANCED CARE SCRIPTS, INC, Civil Action No. 15-1399 (E.D. La.), District Judge Jane Triche Milazzo granted the parties' Motion for Preliminary Approval of Settlement and Class Certification. The case alleges massive junk faxing in violation of the Junk Fax Prevention Act of 2005 (JFPA), where, as Plaintiff alleged, junk faxes sent by Defendant failed to include a clear notice to their recipients of the right to stop future junk faxes, as required by the JFPA. The certified settlement class, for settlement purposes only, consists of all persons and entities that received facsimile transmissions from Defendants or its vendor that advertise, promote, or describe Defendant's products or services and do not contain the notice required by 47 U.S.C. Sec. 227(b)(1)(C)(iii), (b)(2)(D), (b)(2)(E), (d)(2) or 47 C.F.R. Sec. 64.1200(a)(4)(iii)-(vii), during the period from April 29, 2011 to February 19, 2016 In addition, the Court ordered the following: (1) Jefferson Radiation is appointed as Class Representative; (2) George Recile, Preston Hayes, Ryan Monsour, Matthew Sherman, and Patrick Follette of the Law Offices of Chehardy Sherman Williams LLP are appointed class counsel and settlement class counsel; (3) Angeion Group is appointed Notice and Settlement Administrator; (4) Notices, in the forms submitted as Exhibit 3 to the motion, are authorized to class members with deadlines for Opt-Outs and Objections set on October 3, 2016; and (4) the Fairness Hearing is scheduled for November 30, 2016 at 9:30 a.m. A copy of the Court's Order dated July 18, 2016 is available at http://goo.gl/X9EQiNfrom Leagle.com. Advanced Care Scripts, Inc., Defendant, represented by Craig Isenberg -- cisenberg@barrassuosdin.com -- Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC, Hoai-Mi Vu, O'Melveny & Myers, LLP, pro hac vice, Randall William Edwards -- redwards@omm.com -- O'Melveny & Myers, LLP, pro hac vice & Scott Michael Voelz -- svoelz@omm.com -- O'Melveny & Myers, LLP, pro hac vice. AKIMA INFRASTRUCTURE: Oct. 6 Case Management Conference Set ----------------------------------------------------------- District Judge Phyllis J. Hamilton ordered that a Case Management Conference shall be held on October 6, 2016, in the case of SARAH RODRIGUEZ, Plaintiff, v. AKIMA INFRASTRUCTURE SERVICES, LLC, et al., Defendants, Case No. 16-cv-03607-PJH (N.D. Calif.). A copy of the Court's order dated July 18, 2016, is available at http://goo.gl/kFQoRIfrom Leagle.com. Pursuant to Civil Local Rule 16-9, parties are required to file a joint case management statement, not less than seven days before the conference, addressing each of the items listed in the "Standing Order For All Judges of the Northern District -- Contents of Joint Case Management statement" as attached in the order and which can also be found on the court's website. Following the conference, the court will enter its own Case Management and Pretrial Order. Akima Infrastructure Services, LLC, et al., Defendants, represented by Gregory G. Iskander -- giskander@littler.com -- Littler Mendelson, P.C. ALUM-A-FOLD: Faces "Leon" Suit Alleging Labor Law Violation ----------------------------------------------------------- OSVALDO LEON, as an individual and on behalf of all similarly situated, v. ALUM-A-FOLD PACIFIC, INC., a California Corporation; and DOES 1 through 100, Case no: BC 626918 (Cal. Super., Country of Los Angeles, July 12, 2016), seeks to recover alleged unpaid wages, and penalties under the Business and Professional Code, Labor Code and Industrial Welfare Commission Wage Order. Alumafold Pacific, Inc. manufactures pre painted steel and aluminum coils, and window coverings such as rail, coil, foamwood and titrod coverings to fabricators. The Plaintiff is represented by: Paul K. Haines, Esq. Tuvia Korobkin, Esq. Fletcher W. Schmidt, Esq. Andrew J. Rowbotham, Esq. HAINES LAW GROUP, APC 2274 East Maple Avenue El Segundo, CA 90245 Phone: (424)292-3250 Fax: (424) 292-2355 E-mail: phaines@haineslawgroup.com tkorobkin@haineslawgroup.com fschmidt@haineslawgroup.com arrowbotham@haineslawgroup.com AMERICAN INTERNATIONAL: Faces "Hale" Suit Alleging TCPA Violation ----------------------------------------------------------------- NATHAN HALE, on behalf of himself and all others similarly situated, v. AMERICAN INTERNATIONAL GROUP, INC., and DOES 1 through 10, inclusive, and each of them, Case 2:16-cv-05263 (C.D. Cal., July 17, 2016), alleges that Defendants negligently, knowingly, and/or willfully contacted Plaintiff on Plaintiff's cellular telephone in violation of the Telephone Consumer Protection Act. AMERICAN INTERNATIONAL GROUP, INC. is a company in the business of providing insurance services. The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 324 S. Beverly Dr. #725 Beverly Hills, CA 90212 Phone: (877) 206-4741 Fax: (866)633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com AMERICAN LAFRANCE: Plaintiff's Counsel Fined for Cancelled Talks ---------------------------------------------------------------- In the case, ACOSTA, et al. v. AMERICAN LAFRANCE, LLC, et al., Magistrate Judge Leslie G. Foschio approved a request for sanctions filed by the Defendants' Counsel, Jan Miller, against Plaintiffs' law firm, Napoli Bern. Defendants cite the Plaintiff firm's bad faith cancellation of a scheduled mediation required under the court's mandatory Alternative Dispute Resolution (ADR) Plan. Mr. Miller, a partner at Thompson Coburn, LLP, is one of defendant Federal Signal's attorneys. Mr. Miller was then en route to Buffalo to attend the mediation, but was forced to return to his St. Louis law office causing unnecessary expenses to Federal Signal. The following costs were incurred: (1) $3,600 representing Mr. Miller's billable time at $400/hr. in preparing for the cancelled mediation; (2) $789.83 for wasted air fare, hotel and meal expenses; and (3) $1,749 representing 6.3 hours at $255/hr. for Audrey Mense, an associate at Thompson Coburn, and $330/hr. for J. David Duffy (Duffy), a partner. The Court denied Plaintiffs' objection as regards arbitrary billing rates. The Court said Federal Signal had sufficiently established that Miller and Duffy's hourly rates are respectively $400/hr. and $330/hr. A copy of the Court's order dated July 12, 2016, is available at http://goo.gl/VWBfMlfrom Leagle.com. Kovatch Mobile Equipment Corp., Defendant, represented by Ernest F. Koschineg -- ekoschineg@c-wlaw.com -- Cipriani & Werner, P.C. & Morgan A. Sack, Cipriani & Werner, P.C.. Seagrave Fire Apparatus, LLC, Defendant, represented by Russell S. Massey -- massey@litchfieldcavo.com -- Litchfield Cavo LLP. Federal Signal Corporation, Defendant, represented by James David Duffy -- dduffy@thompsoncoburn.com -- Thompson Coburn LLP, pro hac vice, John J. Jablonski -- jjablonski@goldbergsegalla.com -- Goldberg Segalla LLP & Audrey D. Mense -- amense@thompsoncoburn.com -- Thompson Coburn LLP, pro hac vice. AMERICAN NATIONAL: Judge Dismissed Labor Claims in "Warman" Suit ---------------------------------------------------------------- District Judge Ronnie Abrams of the Southern District of New York granted defendant's motion to dismiss in the case JORDAN WARMAN, individually and on behalf of all others similarly situated, Plaintiff, v. AMERICAN NATIONAL STANDARDS INSTITUTE, a 501(c)(3) organization, Defendant, No. 15-CV-5486 (RA) (S.D.N.Y.). American National Standards Institute (ANSI) is a not-for-profit corporation incorporated under the laws of New York and doing business in New York City and throughout the United States. In June 2013, ANSI accepted Jordan Warman as an Assessor Trainee, and required the latter to execute an Assessor Agreement. The agreement contains a choice-of-law provision, which provides that the agreement shall be governed by the laws of the State of New York, exclusive of New York's conflict of interest rules. As an Assessor Trainee, Warman was required to travel and attend mandatory, multi-day training sessions in Washington D.C., Maryland, and New Jersey. On July 14, 2015, Plaintiff filed a class action complaint seeking redress under the Fair Labor Standards Act and New York Labor Law for ANSI's failure to pay him for the time spent at, preparing for, and traveling to the mandatory trainings. On October 9, 2015, ANSI moved to dismiss Warman's New York Labor Law claims. Judge Abrams granted defendant's motion to dismiss the New York Labor Law claims. A copy of Judge Abrams opinion and order dated July 6, 2016, is available at http://goo.gl/n1CX77from Leagle.com. Jordan Warman, Individually, Plaintiff, represented by Alisa Ann Martin -- alisa@amartinlaw.com -- at Amartin Law, PC; Travis Jang- Busby -- at San Diego County Law Offices; Todd Seth Garber -- tgarber@fbfglaw.com -- at Finkelstein Blankinship, Frei- Pearson & Garber, LLP Jordan Warman, Plaintiff, represented by Todd Seth Garber -- tgarber@fbfglaw.com -- at Finkelstein Blankinship, Frei- Pearson & Garber, LLP American National Standards Institute, Defendant, represented by Ashley Jean Hale -- ashley.hale@morganlewis.com -- Michael Jonathan Puma -- michael.puma@morganlewis.com -- at Morgan Lewis & Bockius, LLP ASSET RECOVERY: Preliminary Approval Hearing Set for Sept. 22 ------------------------------------------------------------- In the case, MEENA ARTHUR DATTA, Plaintiff, v. ASSET RECOVERY SOLUTIONS, LLC, Defendant, Case No. 15-CV-00188-LHK (N.D. Calif.), District Judge Lucy H. Koh will hold a hearing September 22, 2016, to consider preliminary approval of a settlement agreement. The pretrial conference set for July 28, 2016, and the two-day jury trial set for August 15, 2016m are vacated. In addition, the Court orders the parties to file on August 18, 2016, a statement that provides case law and legal authority supporting approval of a class action settlement where, as in the instant case, there is no injunctive relief and there are no individual distributions to Class Members from the common fund. A copy of the Court's Order dated July 18, 2016 is available at http://goo.gl/CjdMdgfrom Leagle.com. Asset Recovery Solutions, LLC, Defendant, represented by David Ian Dalby -- ddalby@hinshawlaw.com -- Hinshaw & Culbertson LLP & Justin Michael Penn -- jpenn@hinshawlaw.com -- Hinshaw and Culbertson LLP. BARCLAYS PLC: Faces "Anderson" Suit Over Envision-AMSURG Merger --------------------------------------------------------------- BRIAN ANDERSON, individually and on behalf of all others similarly situated, v. WILLIAM A. SANGER, MICHAEL L. SMITH, RONALD A. WILLIAMS, CAROL J. BURT, MARK MACTAS, LEONARD M. RIGGS, M.D., RICHARD J. SCHNALL, JAMES D. SHELTON, and BARCLAYS PLC, Case No. 12561 (Del. Ch., July 15, 2016), is a shareholder lawsuit for alleged breaches of fiduciary duties by Envision Healthcare Holdings, Inc. Board of Directors over their plan to merge with AMSURG Corp. Envision Healthcare Holdings, Inc. is a provider of inpatient physician services and medical transportation services. The Plaintiff is represented by: James R. Banko, Esq. Derrick B. Farrell, Esq. FARUQI & FARUQI, LLP 20 Montchanin Road, Suite 145 Wilmington, DE 19807 Phone: (302) 482-3182 E-mail: jbanko@faruqilaw.com dfarrell@faruqilaw.com - and - Nadeem Faruqi, Esq. FARUQI & FARUQI, LLP 685 Third Avenue, 26th Fl. New York, NY 10017 Phone: (212) 983-9330 Fax: (212) 983-9331 E-mail: nfaruqi@faruqilaw.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Fl. New York, NY 10118 Phone: (212) 971-1341 Fax: (212) 601-2610 E-mail: jmonteverde@monteverdelaw.com BATH & BODY: Settlement in "Jones" Suit Has Final Approval ---------------------------------------------------------- In the case, ADAM JONES, Plaintiff, v. BATH & BODY WORKS, INC., et al. Defendants, Case No. CV 13-5206 FMO (AJWx), (C.D. Calif.), District Judge Fernando M. Olguin granted the Motion for Final Approval of Class Action Settlement, Motion for Attorney's Fees, Costs and Expenses, and for Class Representative Incentive Awards, pursuant to the Settlement Agreement and the Order. Plaintiff Adam Jones shall be paid a service payment of $8,000 and plaintiff Brooke Johnson shall be paid a service payment of $5,000. Class counsel shall be paid $675,000 in attorney's fees, and $15,560 in costs. The settlement administrator, CPT Group, Inc., shall be paid $125,000 for its fees and expenses and the California Labor and Workforce Development Agency shall be paid the amount of $7,500. A copy of the Court's Order dated, July 11, 2016, is available at http://goo.gl/9aUqrofrom Leagle.com. Bath and Body Works, LLC, Defendant, represented by Beth A. Gunn - beth.gunn@ogletreedeakins.com -- Ogletree Deakins Nash Smoak and Stewart PC, Lori A. Bowman -- lori.bowman@ogletreedeakins.com -- Ogletree Deakins Nash Smoak and Stewart PC, Adam J. Rocco -- ajrocco@vorys.com -- Vorys Sater Seymour and Pease LLP, Alexander Miller Chemers -- alexander.chemers@ogletreedeakins.com -- Ogletree Deakins Nash Smoak and Stewart PC, Andrew C. Smith -- acsmith@vorys.com -- Vorys Sater Seymour and Pease LLP, pro hac vice, Catherine J. Coble -- catherine.coble@ogletreedeakins.com -- Ogletree Deakins Nash Smoak and Stewart PC & John L. Landolfi -- jllandolfi@vorys.com -- Vorys Sater Seymour and Pease LLP. BCB BANCORP: Dismissal of "Resua" Class Suit Upheld --------------------------------------------------- The Superior Court of New Jersey, Appellate Division, affirmed the Law Division's order dismissing the case, JOSE & CHERYL RESUA, and TRACY JAMES, individually and on behalf of those similarly situated, Plaintiffs-Appellants, v. BCB BANCORP, INC. and BCB COMMUNITY BANK, Defendants-Respondents, No. A-2792-14T1 (N.J. Super. App. Div.) Plaintiffs Jose and Cheryl Resua, and Tracy James, individually and on behalf of those similarly situated, filed a putative class action against defendants BCB Bancorp, Inc. and BCB Community Bank alleging age discrimination under the Law Against Discrimination, which makes it unlawful for any person to refuse to sell, contract with, trade, provide services or otherwise do business with any other person on the basis of the other person's age, N.J.S.A. 10:5-12(l). In their complaint, plaintiffs identified (1) Senior Checking;(2) Choice Checking;(3) Money Market Checking;(4) Easy Checking; and(5) Campus Checking, the five different types of personal checking accounts that defendant BCB Community Bank offers only to persons age sixty years old and older. They characterize the terms offered by defendants to customers who are age sixty years old and older as an unlawful age discrimination policy. The members of the class claim to be aggrieved by the denial of access to the personal checking and savings accounts. Defendants argue that a plain reading of the salient language in N.J.S.A. 10:5-12(l) reveals the fallacy in plaintiff's argument. Defendants emphasize that they have not denied plaintiffs access to their financial services, but only limited certain types of checking accounts to customers over the age of sixty. Defendants moved to dismiss plaintiffs's complaint for failure to state a claim upon which relief can be granted pursuant to Rule 4:6-2(e). Defendants's motion came for disposition before Judge Joseph A. Turula. After considering the arguments of counsel and carefully analyzing the relevant section of the Law Against Discrimination under the applicable standard of review, Judge Turula granted defendants's motion and dismissed plaintiffs's complaint with prejudice. A copy of the Superior Court of New Jersey, Appellate Division's per curiam dated June 9, 2016, is available at http://goo.gl/Oi1QWFfrom Leagle.com. Thomas Paciorkowski and John H. Sanders, II, for appellants Steven R. Marino -- steven.marino@dlapiper.com -- Joseph D. Guarino -- joseph.guarino@dlapiper.com -- at DLA Piper LLP The Superior Court of New Jersey, Appellate Division panel consists of Judges Jose L. Fuentes, J. Christopher Gibson and Ellen L. Koblitz. BOOM CARWASH: Faces "Chiekezi" Suit Under FLSA, N.Y. Labor Laws --------------------------------------------------------------- FABIAN CHIEKEZI, individually and on behalf of all others similarly situated, v. BOOM CARWASH CORP., RUFINO CASTRO individually and as owner, officer, director, shareholder and/ or principal of BOOM CARWASH CORP. and JOHN DOES 1 through 10 (aka Gero and Salome), Case 1:16-cv-03918-RJD-ST (E.D.N.Y., July 14, 2016), alleges violation of the Fair Labor Standards Act, the New York State Labor Law, the New York State Department of Labor Regulations and for violations of laws prohibiting disability discrimination and the failure to reasonably accommodate disabilities under the New York State Human Rights Law and the New York City Human Rights Law. Defendants are in the business of providing cleaning and detailing services for vehicles. The Plaintiff is represented by: Robert J. Valli Jr., Esq. VALLI KANE & VAGNINI, LLP 600 Old Country Road, Suite 519 Garden City, NY 11530 Phone: (516) 203-7180 BURRTEC WASTE: Appeals Court Affirmed Order Slashing Counsel Fees ----------------------------------------------------------------- Justice Douglas P. Miller, of the Court of Appeals of California, Fourth District, Division Two, affirmed the award of attorneys' fees in the appealed case of LEONEL SILVA, Plaintiff and Appellant, v. BURRTEC WASTE INDUSTRIES, INC., Defendant and Respondent, No. E062866 (Cal. Ct. App.) Leonel Silva was employed by Burrtec Waste Industries, Inc. On December 5, 2012, Silva filed a complaint for recovery of unpaid wages pursuant to section 201 and Industrial Welfare Commission Order No. 4., and alleged that he was not paid for 342 hours of double-time, or 3,460 hours of overtime pay between 2008 and 2011. Also, he was not paid the statutorily required rest periods for 886 days between September 16, 2008, and May 16, 2011. The jury in San Bernardino County Superior Court returned its verdict in favor of Silva and concluded that Silva was entitled to overtime hours, rest breaks and that Burrtec willfully failed to pay Silva overtime wages. The jury awarded Silva $75,802.35 in overtime wages and $12,959.40 in penalties. Silva requested $526,634.50 in attorneys' fees and $43,778.03 in costs. Silva was represented by the law firm of Collins, Collins, Muir & Stewart, LLP. Silva requested fees pursuant to sections 98.2, subdivision (c), 218.5, and 1194. The trial court granted Silva's attorneys' fees, but significantly reduced the amount that was requested by him. The trial court ruled that Nicole A. Davis Tinkham would be allowed $135,919; Brian K. Stewart would be allowed $51,975; Valerie Gallo would be awarded $22,064; and the paralegals would be awarded $3,000. The total award of attorneys' fees was $212,958.50. Silva contends on appeal that the trial court slashed reasonable hours expended on litigation for no stated reason. The reduction of partner, associate, paralegal and clerk time was an abuse of its discretion. Justice Miller affirmed the trial court's award of attorneys' fees. A copy of Justice Miller's opinion dated July 6, 2016, is available at http://goo.gl/Vuic1lfrom Leagle.com. Nicole A. Davis Tinkham -- ndavis@ccmslaw.com -- Christian E. Foy Nagy -- cnagy@ccmslaw.com -- Ryan Stenzel -- rstenzel@ccmslaw.com -- at Collins Muir + Stewart, for Plaintiff and Appellant Diane Kimberlin -- dkimberlin@littler.com -- at Littler Mendelson, for Defendant and Respondent The Court of Appeals of California, Fourth District Division Two panel consists of Acting Presiding Justice Art W. Mckinster, and Justices Douglas P. Miller and Marsha G. Slough. CAPITAL ACCOUNTS: Faces "Nedrick" Suit in D.N.J. ------------------------------------------------ A lawsuit has been filed against Capital Accounts, LLC. The case is captioned ERICA NEDRICK, individually and on behalf of all others similarly situated, the Plaintiff, v. CAPITAL ACCOUNTS, LLC and JOHN DOES 1-25, the Defendant, Case No. 3:16-cv-04349-PGS-LHG (D.N.J., July 18, 2016). The assigned Judge is Peter G. Sheridan. Capital Accounts specializes in collection of overdue balances. 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 CHARLES SCHWAB: "Crago" Suit Alleges Securities Act Violation ------------------------------------------------------------- ROBERT CRAGO, Individually and on Behalf of All Others Similarly Situated, v. CHARLES SCHWAB & CO., INC., THE CHARLES SCHWAB CORPORATION, CHARLES SCHWAB, and WALTER W. BETTINGER II, Case 3:16-cv-03938 (N.D. Cal., July 13, 2016), was filed on behalf of all clients of Schwab between July 13, 2011 and July 13, 2016 who placed trade orders that were automatically routed to UBS Securities LLC in violation of the U.S. Securities Exchange Act. Defendant Charles Schwab & Co., Inc., a subsidiary of The Charles Schwab Corporation that was incorporated in 1971, is a securities broker-dealer. The Plaintiff is represented by: Adam C. McCall, Esq. LEVI & KORSINSKY LLP 445 South Figueroa Street, 31st Floor Los Angeles, CA 90071 Phone: (213) 985-7290 Fax: (202) 333-2121 E-mail: amccall@zlk.com - and - Nicholas I. Porritt, Esq. 1101 30th Street NW, Suite 115 Washington, D.C. 20001 Phone: (202) 524-4290 Fax: (202) 333-2121 E-mail: nporritt@zlk.com CHRISTOPHER PALACE: "Ayala" Suit Seeks Minimum, Overtime Pay ------------------------------------------------------------ Lorenza Ayala, individually and on behalf of those similarly situated, Plaintiffs, v. Christopher's Palace Inc., Olga Rodriguez, Segundo Abad, and Mario Rodriguez and/or any related entities, Defendants, Case No. 511615/2016 (N.Y. Sup., July 8, 2016), seeks to recover unpaid minimum wages and overtime wages, illegal deductions and unpaid tips plus penalties, interest, damages, attorneys' fees, and costs pursuant to the New York Labor Law and New York Codes, Rules and Regulations. Christopher's Palace Inc., is a domestic business corporation organized and existing under the laws of the State of New York and York State, and owned, operated and managed by Segundo Abad, with its principal place of business at 1258 Myrtle Ave., Brooklyn, New York 11221, where Plaintiff worked as a waitress. Plaintiff is represented by: Michael A Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place NY 11514 Tel: (516) 873-9550 CONNECTICUT: State Board of Education Faces Class Action -------------------------------------------------------- A lawsuit has been filed against Connecticut State Board of Education. The case is captioned D.J., through his parent O.W., on behalf of a class of those similarly situated, the Plaintiff, v. Connecticut State Board of Education, the Defendant, Case No. 3:16-cv-01197-CSH (D. Conn., July 15, 2016). The assigned Judge is Hon. Charles S. Haight, Jr. The Connecticut State Board of Education is the governing body of the Connecticut State Department of Education, the state education agency of Connecticut. The board and the department oversee public education in the state, distribute funds to the state's 166 school districts, and operates the Connecticut Technical High School System. The Plaintiff is represented by: Nancy B. Alisberg, Esq. STATE OF CONNECTICUT OFFICE OF PROT. & ADV. FOR HANDICAPPED 60B Weston St. Hartford, CT 06120 Telephone: (800) 842 7303 Facsimile: (860) 566 8714 E-mail: nancy.alisberg@ct.gov COOK COUNTY, IL: Judge Discarded Stroked Inmate's Suit ------------------------------------------------------ District Judge Manish S. Shah of the Northern District of Illinois, Eastern Division granted defendants' motion for summary judgment in the case ROBERT ANDERSON, Plaintiff, v. SHERIFF OF COOK COUNTY, et al., Defendants, No. 10 CV 2353 (N.D. Ill.) Robert Anderson an inmate detained at Cook County Jail suffered a stroke in February 2010. Anderson sued correctional officer Frank Fite, under 42 U.S.C. Section 1983 for deliberate indifference to his medical needs. Anderson also brought claims against Cook County and the Sheriff of Cook County, in his official capacity, based on an alleged failure to create adequate blood-pressure- monitoring procedures for detainees and an alleged policy of failing to provide detainees with needed medications. The medications claim was dismissed at Anderson's request and without objection, as the claim will be resolved in a related class-action suit where Anderson is a member of the class). Defendants move for summary judgment on the remaining claims against them. Judge Shah granted defendants' motion for summary judgment. A copy of Judge Shah's memorandum opinion and order dated July 6, 2016, is available at http://goo.gl/BI39CPfrom Leagle.com. Robert Anderson, Plaintiff, represented by: Kenneth N Flaxman, Esq. Joel A. Flaxman, Esq. Kenneth N. Flaxman, P.C. 200 South Michigan Avenue, Suite 201 Chicago, IL 06604 Telephone: 312-427-3200 - and - Thomas Gerard Morrissey, Esq. Law Office of Thomas G. Morrissey 10249 Western Ave. Chicago, IL 60643 Telephone: 773-233-7900 Defendants, represented by Anthony E. Zecchin, Cook County State's Attorney's Office COOK COUNTY, IL: 7th Cir. Affirms Decertification in "Phillips" --------------------------------------------------------------- Judge Kenneth F. Ripple of the United States Court of Appeals, Seventh Circuit, affirmed the district court's decision in the case MELVIN PHILLIPS, et al., Plaintiffs-Appellants, v. SHERIFF OF COOK COUNTY, et al., Defendants-Appellees, Nos. 14-3753, 15-1616 (7th Cir.). Plaintiffs Melvin Phillips, Malcolm Patton, Rodell Sanders, and Frank Powicki are current and former detainees of Cook County Jail. The Jail has a population of approximately 9,500 detainees. The average length of stay at the Jail is 57 days, and the median length of stay is 12 days. Cermak Health Services, a division of the Cook County Bureau of Health, provides dental care to the detainees at the Jail. Plaintiffs brought a class action under 42 U.S.C. Section 1983 against Cook County, Illinois, and the Sheriff of Cook County, claiming that the level of dental care they received at the Jail demonstrated deliberate indifference in violation of the Eighth and Fourteenth Amendments. The district court originally certified two classes of plaintiffs under Federal Rule of Civil Procedure 23. However, the district court subsequently decertified one class, modified the other class, and determined that the detainees' motion for injunctive relief was moot. The detainees timely appealed the district court's decision to decertify. While the appeal was pending, the detainees moved for a new trial under Federal Rule of Civil Procedure 60(b) based on newly discovered evidence, but the district court denied the motion. The detainees timely appealed the denial. The two appeals have been consolidated. Judge Ripple affirmed the district court's decision in decertifying the class and dismissed the appeal from the court's disposition of the Rule 60(b) motion. A copy of Judge Ripple's judgment dated July 6, 2016, is available at http://goo.gl/KGhC7Xfrom Leagle.com. For Plaintiffs-Appellants: Kenneth N. Flaxman, Esq. Law Offices of Kenneth N. Flaxman P.C. 200 South Michigan Avenue, Suite 201 Chicago, IL 06604 Telephone: 312-427-3200 Michael Lambert Gallagher -- mlg@gknet.com -- at Gallagher & Kennedy, for Defendant-Appellee Sheriff of Cook County Michael Lambert Gallagher -- mlg@gknet.com -- at Gallagher & Kennedy; Thomas Cargie -- Maureen O'Donoghue Hannon, for Defendant-Appellee Illinois Cook County The United States Court of Appeals, Seventh Circuit panel consists of Circuit Judge Kenneth F. Ripple, Michael S. Kanne and Ann Claire Williams. CORAL REEF: Judge Grants Final Approval of Class Settlement ----------------------------------------------------------- District Judge James V. Selna of the Central District of California granted plaintiff's motion for final approval of a class action settlement and entry of final judgment in the case BRIANA A. KEEN, on behalf of herself and all persons similarly situated, Plaintiff, v. CORAL REEF PRODUCTIONS, INC., ANTHONY TOMA, and Does 1 through 100 inclusive, Defendants, Case No. 8:14- cv-00814-JVS-JCG (C.D. Cal.). The court granted final approval of the settlement pursuant to Rule 23 (e) of the Federal Rules of Civil Procedure and directed the parties to consummate the agreement in accordance with its terms. CPT Group, Inc., the settlement administrator, is directed to mail each claimant's share of the gross settlement fund within 45 days. The settlement administrator is directed to pay each class member who made a valid claim his or her share of the Gross Settlement Fund within 45 days. The court directs defendants to email the reactivation notice to each main class member forthwith except that with respect to those main class members without a functioning or valid email address, the reactivation notice shall be sent by United States mail to the last known address of the class member. The reactivation notice shall also be emailed 10 days after the first sending, 20 days after the first sending and 30 days after the first sending, for a total of four times. Once a class member has claimed his free membership it is unnecessary to continue to send him or her additional reactivation notices. Defendants shall pay provide the free membership services as specified in the settlement to members of the main class for a period of three months commencing upon reactivation. This membership shall be in Nine9, the rebranded name of One Source Talent and shall be equivalent to the pay membership available to the public. The court directs the settlement administrator to mail to each member of the refund class a check for $500 along with a cover letter explaining the purpose of the payment. The payments shall be mailed within 45 days. The settlement administrator is directed to pay each member of the refund class from the gross settlement fund within 45 days. Plaintiff Briana Keen is entitled to receive an incentive award in the amount of $6,000. The settlement administrator is directed to pay Briana Keen $6,000 from the gross settlement fund within 45 days. The settlement administrator is ordered to mail a check payable to plaintiff to her counsel's law office within 45 days. The court awards class counsel $300,000 in attorney's fees to be allocated pursuant to their existing arrangements. In addition, the court finds that class counsel have expended $8,705 in reasonable litigation expenses and they shall be reimbursed in that amount. The settlement administrator may reimburse itself actual fees and costs not to exceed $21,500 from the gross settlement fund. The settlement administrator is directed to pay class counsel the specified attorney's fees and costs reimbursement from the gross settlement fund within 45 days. A copy of Judge Selna's order dated June 9, 2016, is available at http://goo.gl/N7hLBCfrom Leagle.com. Briana A. Keen, Plaintiff, represented by Jeffrey P Spencer -- jps@spencerlaw.net -- at Spencer Law Firm; Jeffrey N Wilens -- jeff@lakeshorelaw.org -- at Lakeshore Law Center Coral Reef Productions, Inc., Defendant, represented by Andrew R Kislik -- akislik@nassiri-jung.com -- Kenneth M Walczak -- Charles H Jung at Nassiri and Jung LLP Anthony Toma, Defendant, represented by Charles H Jung -- Kenneth M Walczak at Nassiri and Jung LLP CORDIS CORP: Court Wants Briefing on Jurisdiction ------------------------------------------------- In the case, DAVID RESOVSKY, et al., Plaintiffs, v. CORDIS CORPORATION, et al., Defendants, Case No. 16-cv-03082-EMC (N.D. Calif.), District Judge Edward M. Chen ordered the parties to file brief explaining why the Court has jurisdiction over the case. The briefs were due July 21, 2016. According to Judge Chen, it is unclear that the Court has jurisdiction, as based on the record it does not appear that the cases were consolidated contrary to what Cordis believed. A copy of the Court's Order dated July 18, 2016, is available at http://goo.gl/ORz1snfrom Leagle.com. Cordis Corporation, Defendant, represented by Kevin Cooper Mayer -- kmayer@crowell.com -- Crowell Moring LLP. Confluent Medical Technologies, Inc., Defendant, represented by Michelle A. Childers -- machilders@dbr.com -- Drinker Biddle & Reath LLP. Nitinol Devices and Components, Inc., Defendant, represented by Michelle A. Childers -- machilders@dbr.com -- Drinker Biddle & Reath LLP & Matthew Jacob Adler -- matthew.adler@dbr.com -- Drinker Biddle Reath LLP. CUMBERLAND UNIVERSITY: Wins Dismissal of "Hitchcock" Suit --------------------------------------------------------- District Judge Waverly D. Crenshaw of the Middle District of Tennessee, Nashville Division granted defendants' motion to dismiss in the case ELOISE HITCHCOCK, et al., Plaintiffs, v. CUMBERLAND UNIVERSITY 403(B) DC PLAIN, et al., Defendants, No. 3:15-cv-01215 (M.D. Tenn.). In 1966, Cumberland University created the Cumberland University 403(B) DC Plan to provide pension benefits to eligible employees. The plan is a tax-sheltered annuity plan, providing benefits for certain employees through annuity contracts or custodial accounts. In 2008, Cumberland provided its employees with a summary plan description, informing participants that effective January 1, 2009, Cumberland will provide an annual employer matching contribution of five percent of the participant's salary to each participant's account. However, in 2013 and 2014, Cumberland, without notice to the plan participants did not make its matching contributions to the participant accounts. On October 9, 2014, Cumberland amended the plan to replace the 5% annual match with a discretionary match, in which Cumberland would determine the amount of the employer matching contribution on a yearly basis and also making it retroactive, effective on January 1, 2013. After the amendment, Cumberland announced that it would not be providing employer matching for the 2013-14 fiscal year. On November 12, 2015, plaintiffs, former employees of Cumberland University and beneficiaries under the 403(B) Plan filed a class action complaint and alleges wrongful denial of benefits on behalf of the putative benefits class, anti-cutback violation on behalf of the benefits class, failure to provide notice on behalf of the notice class and breach of fiduciary duty on behalf of benefits and notice classes. Defendants filed a motion to dismiss alleging that plaintiffs did not allege that they administratively exhausted their claims for benefits or that exhausting their claims would be futile, that plaintiffs' claim that defendants did not provide notice about the amendments to the plan are unsupported by legal authority and defendants did not breach any fiduciary duties. Judge Crenshaw granted defendants' motion to dismiss and dismissed the case without prejudice. A copy of Judge Crenshaw's memorandum opinion dated June 9, 2016, is available at http://goo.gl/2jDxWOfrom Leagle.com. Plaintiffs, represented by Joey P. Leniski, Jr. -- joeyl@BSJFirm.com -- Karla M. Campbell -- karlac@BSJFirm.com -- Seamus T. Kelly -- seamusk@BSJFirm.com -- at Branstetter, Stranch & Jennings, PLLC Defendants, represented by Bradley W. Craig -- bcraig@lewisthomason.com -- Charles W. Cagle -- ccagle@lewisthomason.com -- Laura H. Alrutz -- lalrutz@lewisthomason.com -- at Lewis, Thomason, King, Krieg & Waldrop, P.C. DEVELOPMENTAL PATHWAYS: Faces "Bagoue" Lawsuit Under FLSA --------------------------------------------------------- Flavie Bondeh Bagoue, and those similarly situated v. Developmental Pathways, Inc., Continuum Of Colorado, Inc., Case 1:16-cv-01804 (D. Col., July 14, 2016), was filed under the Fair Labor Standards Act. Defendant Developmental Pathways, Inc., and Continuum of Colorado, Inc. are Colorado Non-Profit Corporations. Ms. Bagoue purportedly worked as a Life Skills Specialist in Nevada Group Home, a residential habilitation center for developmentally disabled adults operated by Defendants. She previously worked in other homes also operated by Defendants. The Plaintiff is represented by: Alexander Hood, Esq. 1535 High St., Suite 300 Denver, CO 80218 Phone: (720) 239-2606 Fax: (303) 957-2289 E-mail: alex@towardsjustice.org - and - Brian D. Gonzales, Esq. THE LAW OFFICES OF BRIAN D. GONZALES 242 Linden Street Fort Collins, CO 80524 Phone: (970) 214-0562 Fax: (303) 539-9812 DOMETIC CORP: Reply to "Papasan" Suit Due Aug. 19 ------------------------------------------------- In the case, CATHERINE PAPASAN, et al., and all persons similarly situated, Plaintiffs, v. DOMETIC CORPORATION, Defendant, Case No. 3:16-cv-02117-HSG (N.D. Calif.), District Judge Haywood S. Gilliam, Jr. granted the parties' stipulation which requires Defendant to file a response to the First Amended Class Action Complaint by August 19, 2016. The parties are entitled to file a memorandum of no more than 30 pages. The Court, pursuant to the parties' stipulation, also ordered that: (1) If Defendant's response to the First Amended Class Action Complaint is a motion to dismiss, and if Plaintiffs do not seek leave to file a second amended complaint pursuant to Rule 15 in response to such motion to dismiss, Plaintiffs shall file their opposition to the motion to dismiss by September 20, 2016; (2) If Plaintiffs file an opposition to the motion to dismiss and do not seek leave to file a second amended complaint, Defendant shall file any reply brief by October 11, 2016; (3) This extension does not affect any of the dates scheduled by the Court pursuant to the Initial Case Management Scheduling Order, entered on April 29, 2016. A copy of the Court's Order dated July 18, 2016 is available at http://goo.gl/QmGW2Dfrom Leagle.com. Dometic Corporation, Defendant, represented by Peter Allen Wald -- peter.wald@lw.com -- Latham & Watkins LLP, Marcy Christina Priedeman -- marcy.priedeman@lw.com -- Latham Watkins LLP & Robert Christian Collins, III -- robert.collins@lw.com --Latham and Watkins LLP, pro hac vice. DT MAINTENANCE: Faces Sky Management Suit in S.D.N.Y. ----------------------------------------------------- A lawsuit has been filed against DT Maintenance LLC. The case is styled Sky Management Corporation, a New York corporation, individually and as the representative of a class of similarly situated persons, the Plaintiff, v. DT Maintenance LLC, Octavio Diaz, and John Does 1-10, the Defendants, Case No. 1:16- cv-05692 (S.D.N.Y., July 18, 2016). DT Maintenance is engaged in the building maintenance services industry. The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11201 Telephone: (917) 373 9128 Facsimile: (718) 504 7555 E-mail: shakedlawgroup@gmail.com EDGEWELL PERSONAL: Faces "Fernandez" Suit Over False Ad ------------------------------------------------------- TRACY FERNANDEZ, individually and on behalf of all others similarly situated, v. EDGEWELL PERSONAL CARE COMPANY, SUN PHARMACEUTICALS, LLC, and PLAYTEX PRODUCTS, LLC, Case: 4:16-cv- 01140 (E.D. Mo., July 14, 2016), claims damages as a direct and proximate result of Defendants' alleged misrepresentations and omissions regarding its BBK product that was claimed to have a sun protection factor of level 50. Defendants are in the business of manufacturing, marketing and distributing sunscreen products, including BBK. The Plaintiff is represented by: Emily J. Kirk, Esq. MCCUNEWRIGHT LLP 2068 Orange Tree Lane, Suite 216 Redlands, CA 92374 Phone: (909) 557-1250 Fax: (909) 557-1275 E-mail: ejk@mccunewright.com - and - Joseph G. Sauder, Esq. Matthew D. Schelkopf, Esq. Joseph B. Kenney, Esq. MCCUNEWRIGHT, LLP 1055 Westlakes Drive, Suite 300 Berwyn, PA 19312 Phone: (610) 200-0580 E-mail: jgs@mccunewright.com mds@mccunewright.com jbk@mccunewright.com EMBASSY HEALTHCARE: India Channels Sues Under FLSA, Ohio Wage Act ----------------------------------------------------------------- INDIA CHANNELS 1461 E 250th Street Euclid, OH 44117 on behalf of herself and all others similarly situated, v. EMBASSY HEALTHCARE, INC. c/o Statutory Agent Eric M. Simon 200 Public Square, Suite 3500 Cleveland, OH 44114 and EMBASSY HEALTHCARE MANAGEMENT INC. d/b/a Embassy Healthcare c/o Statutory Agent Eric M. Simon 200 Public Square, Suite 3500 Cleveland, OH 44114, Case: 1:16-cv-01806 (N.D. Ohio, July 15, 2016), alleges violation of the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. Defendants are in the business of providing skilled nursing care in nursing homes and assisted living facilities. 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 Phone: 216-696-5000 Fax: (216) 696-7005 E-mail: anthony@lazzarolawfirm.com chastity@lazzarolawfirm.com lori@lazzarolawfirm.com EVERGREEN RECREATIONAL: Faces "Grimes" Suit Pursuant to WARN Act ---------------------------------------------------------------- MATTHEW GRIMES, on behalf of himself and all others similarly situated, v. EVERGREEN RECREATIONAL VEHICLES, LLC, KR ENTERPRISES, INC., and JMA, LLC, USDC IN/ND case 3:16-cv-00472 (N.D. Ind., July 15, 2016), seeks to recover 60 days wages and benefits, pursuant to the Worker Adjustment and Retraining Notification Act. EVERGREEN RECREATIONAL VEHICLES, LLC manufactures recreational vehicles. The Plaintiff is represented by: Irwin B. Levin, Esq. Richard E. Shevitz, Esq. Vess A. Miller, Esq. COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Phone: (317) 636-6481 Fax: (317) 636-2593 E-mail: ilevin@cohenandmalad.com rshevitz@cohenandmalad.com vmiller@cohenandmalad.com - and - Jack A. Raisner, Esq. Ren‚ S. Roupinian, Esq. OUTTEN & GOLDEN LLP 3 Park Avenue, 29th Floor New York, NY 10016 Phone: (212) 245-1000 E-mail: jar@outtengolden.com rsr@outtengolden.com EXPEDITORS & PRODUCTION: Agreed Motion to Certify Class Filed ------------------------------------------------------------- In the case, Cox v. Expeditors & Production Services Co., Case No. 6:16-cv-00454 (W.D. La.), Magistrate Judge Patrick J Hanna held that, in light of the Agreed Motion for Conditional Certification filed by the parties on July 25, 2016, the Motion to Certify Class is dismissed as moot. The hearing on the Motion set for July 26, 2016 was canceled. FCA US LLC: "Vosburgh" Sues over Defective Shifters --------------------------------------------------- Bruce Vosburgh, on behalf of himself and all others similarly situated, Plaintiff, v. FCA US LLC, a Delaware Limited Liability Company, Defendant, Case No. 2:16-cv-12571 (E.D. Mich., July 8, 2016), seeks injunctive relief in the form of a recall or fee replacement program; replacement cars of comparable value to all owners until the vehicles' defective shifters are repaired; that the Defendant buy back the affected vehicles back at original purchase or lease cost with no deduction for use; equitable relief, costs, restitution, damages, including punitive damages, penalties and disgorgement; pre and post judgment interest on any amounts awarded; attorneys' fees and such other or further relief resulting from unjust enrichment, breach of express/implied warranty and violation of the Magnuson-Moss Warranty Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Defendant's 2012-2014 Dodge Chargers, 2012-2014 Chrysler 300 vehicles, 2014-2015 Jeep Grand Cherokee vehicles and 2014 Maserati Quattroporte and Ghibli vehicles have gear selectors that always move back to a central location after being engaged. FCA is a motor vehicle manufacturer and licensed distributor of new, previously untitled Chrysler, Dodge, Jeep, and Ram brand motor vehicles. Vosburgh owns a 2014 Jeep Grand Cherokee. Plaintiff is represented by: E. Powell Miller, Esq. Sharon S. Almonrode, Esq. THE MILLER LAW FIRM, P.C. 950 W. University Dr., Suite 300 Rochester, MI 48307 Tel: (248) 841-2200 Fax: (248) 652-2852 Email: epm@millerlawpc.com ssa@millerlawpc.com - and - Daniel E. Gustafson, Esq. Jason S. Kilene, Esq. David A. Goodwin, Esq. Raina C. Borrelli, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 S. Sixth St., Suite 2600 Minneapolis, MN 55402 Tel: (612) 333-8844 Fax: (612) 339-6622 Email: dgustafson@gustafsongluek.com jkilene@gustafsongluek.com dgoodwin@gustafsongluek.com rborrelli@gustafsongluek.com - and - Simon Bahne Paris, Esq. Patrick Howard SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. One Liberty Place, 52nd Floor 1650 Market Street Philadelphia, PA 19103 Tel: (215) 575-3986 Email: sparis@smbb.com phoward@smbb.com - and - Alyson Oliver, Esq. THE OLIVER LAW GROUP P.C. 363 W. Big Beaver Rd., Suite 200 Troy, MI 48084 Tel: (248) 327-6556 Email: aoliver@oliverlg.com FEDERAL INSURANCE: Bancorpsouth Sues Over Denial of Coverage ------------------------------------------------------------ BANCORPSOUTH, INC., v. FEDERAL INSURANCE COMPANY, Case 1:16-cv- 01871-SEB-DML (S.D. Ind., July 13, 2016), alleges improper refusal of Defendant to pay for litigation defense costs under a financial institution's insurance policy purchased by Plaintiff. Federal Insurance Company provides property and casualty insurance products and services for businesses and individuals. The Plaintiff is represented by: Christina L. Fugate, Esq. ICE MILLER LLP One American Square, Suite 2900 Indianapolis, IN 46282-0200 Phone: (317) 236-2100 - and - Lawrence J. Bracken II, Esq. HUNTON & WILLIAMS LLP Bank of America Plaza, Suite 4100 600 Peachtree St., N.E. Atlanta, GA 30308-2216 Phone: (404) 888-4182 Fax: (404) 602-9074 E-mail: lbracken@hunton.com - and - Michael S. Levine, Esq. Jennifer E. White, Esq. HUNTON & WILLIAMS LLP 1751 Pinnacle Drive, Suite 1700 McLean, Virginia 22102 Phone: (703) 714-7400 Fax: (703) 714-7410 E-mail: mlevine@hunton.com jewhite@hunton.com FREDERICK J. HANNA: "Schell" Settlement Granted Preliminary OK -------------------------------------------------------------- District Judge Thomas M. Rose of the Southern District of Ohio, Western Division, Dayton, granted plaintiff's motions in the case VICKI L. SCHELL, on behalf of herself and others similarly situated, Plaintiff, v. FREDERICK J. HANNA & ASSOCIATES, P.C., Defendant, Case No. 3:15-cv-00418 (S.D. Ohio) On June 8, 2016, Vicki L. Schell filed an unopposed motion for final approval of class action settlement and unopposed motion for approval of an incentive award and an award of attorneys' fees and reimbursement of expenses. Judge Rose approves the proposed settlement and approves the requested incentive award and award of attorneys' fees and expenses. The court certifies the following class, for settlement purposes, under Federal Rule of Civil Procedure 23: "All persons with an Ohio address, to whom Frederick J. Hanna & Associates, P.C. mailed an initial debt collection communication that stated: unless you notify this office in writing within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid, and/or if you request within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor, between November 20, 2014 and November 20, 2015, in connection with the collection of a consumer debt." The Court appoints Vicki L. Schell as class representative and Jesse S. Johnson of Greenwald Davidson Radbil PLLC as the attorney and law firm as class counsel. Defendant will create a common fund in the amount of $1,770.00, which will be distributed on a pro-rata basis to each of the 177 class members who did not exclude themselves from the settlement, pursuant to 15 U.S.C. Section 1692k(a)(2)(B)(ii). Defendant will pay to plaintiff $1,000 pursuant to 15 U.S.C. Section 1692k(a)(2)(B)(i), and an additional $500 for her service to the class, for a total sum of $1,500. Defendant will pay the costs of notice and administration of the settlement separate and apart from any monies paid to plaintiff, class members, or class counsel. The court awards a total of $21,250.00 for class counsel's costs, expenses, and attorneys' fees, which amount the court finds reasonable under the Fair Debt Collection Practices Act after consideration of the memorandum and supporting declaration submitted by plaintiff's counsel. A copy of Judge Rose's entry and order dated July 8, 2016, is available at http://goo.gl/1GeW9bfrom Leagle.com. Vicki L. Schell, Plaintiff, represented by David McColl Tannehill; Jesse S. Johnson -- jjohnson@gdrlawfirm.com -- at Greenwald Davidson Radbil PLLC Frederick J. Hanna & Associates, P.C., Defendant, represented by Carrie Masters Starts -- cstarts@reminger.com -- Reminger Co., L.P.A.; Philip W. Savrin -- psavrin@fmglaw.com -- William H. Buechner, Jr. -- bbuechner@fmglaw.com -- at Freeman Mathis & Gary, LLP GEO GROUP: Faces Suit Alleging Non-payment of Wages, Force Labor ---------------------------------------------------------------- EDWIN AGUILAR IBARRA, ODELIN MONTAS, RENE CARDENAS, ALFREDO JESUS CHACON, ROGERIO CHAVES SCOTTON, GLEND STEWART, ERNESTO ROMERO VIDAL, v. GEO GROUP INC., GEORGE ZOLEY, D. RAY JAMES CORRECTION FACILITY, WARDEN, TRACY JOHNS, Case 5:16-cv-00055-LGW-RSB (S.D. Ga., July 12, 2016), alleges non-payment of wages, force slave labor and seeks writ of habeas corpus for violation of Constitutional and International Fundamental Rights. The GEO Group, Inc. (GEO) is a Florida-based company specializing in corrections, detention and mental health treatment. GOLDEN 88: Faces "Chong" Suit Over FLSA, N.Y. Labor Law Breach -------------------------------------------------------------- SHEK MOOI CHONG a/k/a "Cindy", individually and on behalf all other employees similarly situated, v. GOLDEN 88 SPOON INC. d/b/a SPOON ASIAN FUSION, TJ PRIME INC. d/b/a SPOON ASIAN FUSION, YIN ZHENG, XUEQIN ZHENG, TERRY ZHENG, BI CHEN, XINGJU ZHENG, John Doe and Jane Doe # 1-10, Case 1:16-cv-05591 (S.D.N.Y., July 13, 2016), alleges violations of the Fair Labor Standards Act, and the New York Labor Law, arising from Defendants' various willful and unlawful employment policies, patterns and/or practices. Golden 88 Spoon Inc. owns and operates a restaurant doing business as Spoon Asian Fusion. The Plaintiff is represented by: Jian Hang, Esq. HANG & ASSOCIATES, PLLC 136-18 39th Ave., Suite 1003 Flushing, NY 11354 Phone: (718) 353-8588 E-mail: jhang@hanglaw.com GOLDEN STATE FC: "Parson" Lawsuit Dismissed ------------------------------------------- The case, DAVID PARSON and BRANDON MITCHELL, individually and on behalf of all those similarly situated, and MARIAH GULLAT as an individual, Plaintiffs, v. GOLDEN STATE FC LLC, et al., Defendants, Case No. 3:16-cv-00405-JST (N.D. Cal.), is dismissed pursuant to the parties' stipulation of dismissal approved by District Judge Jon S. Tigar. Case dismissal is with prejudice without costs and attorneys' fees to any party. The stipulation, however, does not preclude plaintiffs from recovering from or participating in other class action cases that are certified as absent class members, but not as named plaintiffs or class representatives. A copy of the court's order dated June 29, 2016 is available at http://goo.gl/o7Bk1gfrom Leagle.com. Golden State FC, LLC, et al., Defendants, represented by Eric Meckley -- emeckley@morganlewis.com -- Morgan Lewis & Bockius LLP, Sacha Marie Steenhoek -- ssteenhoek@morganlewis.com -- Morgan Lewis & Bockius LLP, Joseph A. Nuccio -- joseph.nuccio@morganlewis.com -- Morgan Lewis & Bockius LLP, pro hac vice, Richard G. Rosenblatt -- richard.rosenblatt@morganlewis.com -- Morgan Lewis & Bockius LLP, pro hac vice & Theresa C. Mak -- theresa.mak@morganlewis.com -- Morgan Lewis & Bockius, LLP. Trueblue Inc, et al., Defendants, represented by David Raymond Ongaro -- david.ongaro@tklaw.com -- Ongaro PC, Amelia D. Winchester -- awinchester@ongaropc.com -- Ongaro PC & Cara Robin Sherman -- csherman@ongaropc.com -- Ongaro PC. GRAND DADDYS: May Execute Terms of "Mays" Suit Settlement --------------------------------------------------------- In the case, Elizabeth M. Mays, on her own behalf and On behalf of others similarly situated v. Grand Daddy's LLC, et al, Case No. 14-cv-461-slc (W.D. Wis.), Magistrate Judge Stephen L. Crocker directed the parties to execute the terms of the Settlement Agreement, approved on June 15, 2016, including payment to each settling class member of the amount due pursuant to the allocation formulas set forth in Section C (6) and (13) of the Settlement Agreement and the final distribution list, as appended to the parties' brief. The Court held that the parties' settlement agreement is fully and finally approved. Thus, the case is dismissed with prejudice, and the class representative and all class members -- except the one class member who excluded herself -- are barred from pursuing any claims that were released against the defendants as set forth in Section F of the Settlement Agreement. A copy of the Court's Order dated July 11, 2016 is available at http://goo.gl/mOfRvzfrom Leagle.com. Grand Daddy's, LLC, Defendant, represented by Jeff Scott Olson, Jeff Scott Olson Law Firm. GREAT AMERICAN PLUMBING: Judge Won't Let Plaintiffs Amend Suit -------------------------------------------------------------- District Judge Edward J. Davila of the Northern District of California, San Jose Division, denied plaintiffs' motion for leave to file third amended complaint in the case JASON GOMEZ, et al., Plaintiffs, v. THE GREAT AMERICAN PLUMBING COMPANY, INC., et al., Defendants, Case No. 5:15-cv-02465-EJD (N.D. Cal.) Jason Gomez and Ezekiel Contreras were employed by The Great American Plumbing Company, Inc. (GAPC) as construction and repair plumbers. They allege that GAPC failed to pay them accurate wages. On September 28, 2015, the court issued a case management order that provided a deadline by which the parties could amend their pleadings. That deadline expired on or about November 27, 2015, and the parties thereafter stipulated that plaintiffs Gomez and Contreras could file a second amended complaint in order to remove class action allegations. Plaintiffs moved for leave to file a third amended complaint in order to add a new defendant, Beryl Evelyn Blackstone, because she is part-owner of GAPC and, according to them, had the power to discipline plaintiffs and control their compensation. GAPC and another defendant, Mark Anthony McGinnis, opposed the motion. Judge Davila denied plaintiffs' motion for leave to file third amended complaint and the hearing scheduled for June 16 has been vacated. A copy of Judge Davila's order dated June 9, 2016, is available at http://goo.gl/hRgwIEfrom Leagle.com. Plaintiffs, represented by Huy Ngoc Tran -- Huy@JAWLawGroup.com -- Tomas Eduardo Margain at Justice at Work Law Group The Great American Plumbing Company, Inc. and Mark Anthony McGinnis, Defendants, represented by Stephen Douglas Collins -- scollins@tingleylawgroup.com -- at Tingley Law Group, PC Suretec Indemnity Company, Defendant, represented by Stephen Douglas Collins -- scollins@tingleylawgroup.com -- at Tingley Law Group, PC; Geoffrey Ralph Hudson -- grh@grhattorney.net -- at Law Offices of Hausman & Sosa, LLP HEARST COMMUNICATIONS: Nov. 10 Final Approval Hearing Set --------------------------------------------------------- In the case, NEIL KRAN, individually and on behalf of all others similarly situated, Plaintiff, v. HEARST COMMUNICATIONS, INC., a Delaware corporation, A MARKETING RESOURCE, LLC, a Minnesota limited liability company, Defendants, Case No. 0:15-cv-02058-MJD- BRT (D. Minn.), District Judge Michael J. Davis granted the preliminary approval of the Class Action Settlement Agreement after it satisfied, for settlement purposes only, all requirements of the Federal Rule of Civil Procedure 23. The Court will hold a Final Approval Hearing on the fairness, adequacy, and reasonableness of the Settlement Agreement on November 10, 2016, at 9:30 AM CST or at such other date and time later set by Court Order. No later than August 19, 2016, plaintiff is ordered to file papers in support of Class Counsel's application for attorneys' fees and expenses, and no later than September 29, 2016, plaintiff is likewise ordered to file papers in support of final approval of the Settlement and in response to any objections. A copy of the court's order dated June 29, 2016 is available at http://goo.gl/DycTYjfrom Leagle.com. Hearst Newspapers, LLC, Defendant, represented by Erin L. Hoffman -- erin.hoffman@FaegreBD.com -- Faegre Baker Daniels LLP & Mary Andreleita Walker -- lwalker@faegre.com -- Faegre Baker Daniels LLP. A Marketing Resource, LLC, Defendant, represented by Anne Greenwood Brown -- anne@stlawfirm.com -- Sjoberg & Tebelius, PA, Arthur G. Boylan -- arthur.boylan@leonard.com -- Anthony Ostlund Baer & Louwagie PA & Cory D. Olson -- colson@aoblaw.com -- Anthony Ostlund Baer & Louwagie PA. HENNEPIN COUNTY, MN: Bid for Attorneys' Fees Granted in Part ------------------------------------------------------------ District Judge Donovan W. Frank of the District of Minnesota granted in part and denied in part plaintiffs' motion for award of attorneys' fees and expenses in the case Kevin W. Rouse, Emily M. Rouse, and Brian L. Ranwick, on behalf of themselves and all others similarly situated, Plaintiffs, v. Hennepin County, Defendant. United States of America, Intervenor, Hennepin County, Third-Party Plaintiff, v. Quadrant Systems, LLC, Third-Party Defendant, Civil No. 12-326 (DWF/SER) (D. Minn.) Plaintiffs Kevin and Emily Rouse and Brian L. Ranwick alleged that on separate occasions between the dates of March 16, 2011 and February 1, 2012, Kevin used his MasterCard credit card to purchase a notary registration, pay sales tax for an automobile, purchase a driver's license, purchase lien notices for three cars, and purchase license tabs from Hennepin County, and that Hennepin County provided receipts with an un-redacted credit card expiration date for these transactions. In addition, they claimed that on December 16, 2011, Emily purchased a passport from Hennepin County, used her Visa credit card to pay, and Hennepin County provided a receipt with an un-redacted expiration date. Finally, Plaintiffs asserted that on February 9, 2012, Ranwick purchased photos from Hennepin County, used his Master Card credit card to pay, and Hennepin County provided a receipt with an un- redacted expiration date. Plaintiffs initiated a class action, asserting that Hennepin County provided numerous customers with similar receipts that failed to redact the expiration dates and thereby violated the Fair Credit Reporting Act and Fair and Accurate Credit Transaction Act. On October 25, 2013, the parties reached a settlement. On March 12, 2014, the court granted the parties' motion for final approval of class action settlement and entered final judgment. During the redemption period, 189 out of approximately 283,000 class members requested vouchers and 45 class members redeemed vouchers, for a total of $757. Plaintiff seeks attorney fees in the amount of $192,616.96 and costs in the amount of $2,985.32, for a total award of $195,602.28. The motion is granted in part to the extent plaintiffs seek attorney fees. The amount of fees requested by plaintiffs is denied as excessive. Plaintiffs shall recover attorney fees in the amount of $38,523.39 and shall recover costs in the amount of $3,466.87. A copy of Judge Frank's memorandum opinion and order dated June 9, 2016, is available at http://goo.gl/oiYMlrfrom Leagle.com. Plaintiffs, represented by Thomas J Lyons -- tlyons@lyonslawfirm.com -- at Lyons Law Firm, P.A.; Thomas J Lyons, Jr. at Consumer Justice Center P.A. Hennepin County, Defendant/Third Party Plaintiff, represented by Michael O Freeman, and Rebecca Lee Stark Holschuh at Hennepin County Attorney's Office United States of America, Intervenor, represented by Gerald C Kell at US Department of Justice HOGAN TRANSPORTATION: Faces "Fairfax" Suit Under FLSA, Wage Act --------------------------------------------------------------- DON FAIRFAX, individually and on behalf of all others similarly situated, 6212 Bay Brook Dr. Judge Canal Winchester, Ohio 43110 v. HOGAN TRANSPORTATION EQUIPMENT, INC., By Serving Its Registered Agent CSC-Lawyers Incorporating Service 50 West Broad Street, Ste. 1800 Columbus, OH 43215, Case: 2:16-cv-00680-GCS-KAJ (S.D. Ohio, July 14, 2016), seeks monetary, declaratory, and injunctive relief due to Defendants' alleged willful failure to compensate employees with proper pay in violation of the federal Fair Labor Standards Act, and the Ohio Minimum Fair Wage Standards Act. Defendant provides transportation and logistics services to a wide range of public groups and private entities and/or individuals across the country. The Plaintiff is represented by: Lance Chapin, Esq. Steven C. Babin Jr., Esq. CHAPIN LEGAL GROUP, LLC 580 South High Street, Suite 330 Columbus, OH 43215 Phone: (614) 221-9100 Fax: (614) 221-9272 E-mail: lchapin@chapinlegal.com sbabin@chapinlegal.com IDEAL CONCEPTS: Faces "Bruno" Suit Under FLSA, Penn. Wage Act ------------------------------------------------------------- MARK BRUNO, on behalf of himself and similarly situated individuals, v. IDEAL CONCEPTS INC. and AMERICAN INSURANCE ORGANIZATION, LLC (d/b/a Sales Radix) Case 5:16-cv-03825-JLS (E.D. Pa., July 14, 2016), alleges failure of the Defendants to pay overtime compensation under the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. Defendants are in the business of procuring health & life insurance coverage for individuals and groups. The Plaintiff is represented by: Peter Winebrake, Esq. Andrew R. Santillo, Esq. Mark J. Gottesfeld WINEBRAKE & SANTILLO, LLC 715 Twining Road, Suite 211 Dresher, PA 19025 Phone: (215) 884-2491 INGRAM & ASSOCIATES: Faces "Smith-Parris" Suit in D.N.J. -------------------------------------------------------- A lawsuit has been filed against Ingram & Associates, LLC. The case is styled KAREN SMITH-PARRIS, on behalf of herself and all others similarly situated, the Plaintiff, v. INGRAM & ASSOCIATES, LLC, and JOHN DOES 1-25, the Defendant, Case No. 2:16-cv-04301- SDW-SCM (D.N.J., July 15, 2016). The assigned Judge is Hon. Susan D. Wigenton. Ingram & Associates is a vital provider of in-depth counseling as well as single session therapy for people and families in need. The Plaintiff is represented by: Joseph K. Jones, Esq. JONES, WOLF & KAPASI, LLC 375 Passaic Avenue, Suite 100 Fairfield, NJ 07004 Telephone: (973) 227 5900 Facsimile: (973) 244 0019 E-mail: jkj@legaljones.com INSMED INC: Faces "Hoey" Suit Alleging Securities Act Violation --------------------------------------------------------------- WILLIAM T. HOEY, Individually and On Behalf of All Others Similarly Situated, v. INSMED INCORPORATED., WILLIAM H. LEWIS, and ANDREW T. DRECHSLER, Case 3:16-cv-04323-FLW-TJB (D.N.J., July 15, 2016), is a federal securities class action on behalf of a purported class consisting of all persons other than Defendants who purchased or otherwise acquired Insmed securities between March 18, 2013 and June 8, 2016, both dates inclusive. Insmed, Inc. is a biopharmaceutical company, focuses on the development and commercialization of inhaled therapies for patients with serious lung diseases. The Plaintiff is represented by: Bruce D. Greenberg, Esq. LITE DEPALMA GREENBERG, LLC 570 Broad Street, Suite 1201 Newark, NJ 07102 Phone: (973) 623-3000 Fax: (973) 623-0858 E-mail: bgreenberg@litedepalma.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Marc Gorrie, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Phone: (212) 661-1100 Fax: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com mgorrie@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Phone: (312) 377-1181 Fax: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ, & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Phone: (212) 697-6484 Fax: (212) 697-7296 E-mail: peretz@bgandg.com INTREXON CORP: Response to "Hoffman" Suit Deferred -------------------------------------------------- In the case, RYAN HOFFMAN, Individually and on behalf of all others similarly situated, Plaintiff, v. INTREXON CORPORATION, RANDAL J. KIRK, and RICK L. STERLING, Defendants, Case No. 3:16- cv-02398-RS (N.D. Cal.), District Judge Richard Seeborg approved - - without prejudice to any party -- a stipulation to extend defendants' time to respond a class action complaint for violations under the Federal Securities Law. The response to the complaint was due July 5, 2016. The extension follows the court's approval to consolidate "Hoffman" suit with that of "Gibrall" suit, a similar complaint filed on May 5, 2016. A deferred response is agreed for the efficiency between the court and the parties in proceeding under the Private Securities Litigation Reform Act of 1995, the governing law in this case. Pursuant to the approved stipulation: (1) defendants' counsel has been authorized to, and has accepted service of the summons and complaint on behalf of defendants; (2) defendants' shall not be required to, and shall not waive any rights, arguments, or defenses by waiting to answer, move, or otherwise respond to the complaint in this action; (3) that after the lead plaintiff's appointment, defendants and lead plaintiff shall promptly meet and confer the schedule for the filing of the consolidated complaint or designation of an operative complain, and a briefing schedule for defendants' anticipated motion(s) to dismiss, and submit a joint stipulation with a proposed schedule not later than ten business days following the appointment of lead plaintiff; and (4) that there will be no waiver of any defendants' rights or positions in law or in equity. A copy of the court's order dated June 29, 2016 is available at http://goo.gl/OC3e8Ifrom Leagle.com. Intrexon Corporation, et al., Defendants, represented by Jerome F. Birn, Jr. -- jbirn@wsgr.com -- Wilson Sonsini Goodrich & Rosati, Joni L. Ostler -- jostler@wsgr.com -- Wilson Sonsini Goodrich & Rosati, Nicholas R. Miller -- nmiller@wsgr.com -- Wilson Sonsini Goodrich and Rosati & Nina F. Locker -- nlocker@wsgr.com -- Wilson Sonsini Goodrich & Rosati. INTREXON CORP: Response to "Gibrall" Suit Deferred -------------------------------------------------- In the case, PATRICK M. and DEBORAH P. GIBRALL, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. INTREXON CORPORATION, et al., Defendants, Case No. 3:16-cv-02457- RS. (N.D. Cal.), District Judge Richard Seeborg approved -- without prejudice to any party -- a stipulation to extend defendants' time to respond a class action complaint for violations under the Federal Securities Law. The response to the complaint was due July 11, 2016. The extension follows the court's approval to consolidate "Gibrall" suit with that of "Hoffman" suit, a similar complaint filed on May 3, 2016. A deferred response is agreed for the efficiency between the court and the parties in proceeding under the Private Securities Litigation Reform Act of 1995, the governing law in this case. Pursuant to the approved stipulation: (1) defendants' shall not be required to, and shall not waive any rights, arguments, or defenses by waiting to answer, move, or otherwise respond to the complaint in this action; (2) that after the lead plaintiff's appointment, defendants and lead plaintiff shall promptly meet and confer the schedule for the filing of the consolidated complaint or designation of an operative complain, and a briefing schedule for defendants' anticipated motion(s) to dismiss, and submit a joint stipulation with a proposed schedule not later than ten business days following the appointment of lead plaintiff; and (3) that there will be no waiver of any defendants' rights or positions in law or in equity. A copy of the court's order dated June 29, 2016 is available at http://goo.gl/6DuKZPfrom Leagle.com. Intrexon Corporation, et al., Defendants, represented by Jerome F. Birn, Jr. -- jbirn@wsgr.com -- Wilson Sonsini Goodrich & Rosati, Joni L. Ostler -- jostler@wsgr.com -- Wilson Sonsini Goodrich & Rosati, Nicholas R. Miller -- nmiller@wsgr.com -- Wilson Sonsini Goodrich and Rosati & Nina F. Locker -- nlocker@wsgr.com -- Wilson Sonsini Goodrich & Rosati. IWS INC: Judge Narrows Plaintiffs' Bid for Attorneys' Fees ---------------------------------------------------------- District Judge Joan B. Gottschall of the Northern District of Illinois, Eastern Division granted in part and denied in part plaintiffs' petition for attorneys' fees in the case, JERRY HAUSEN, on behalf of himself and all other persons similarly situated, known and unknown, Plaintiffs, v. IWS, INC., et al., Defendants, Case No. 13-cv-6051 (N.D. Ill.) Jerry Hausen brought a putative class action complaint against defendants IWS, Inc., Scott Fichtel, and Peter Fichtel, on August 26, 2013. Hausen alleges that defendants failed to pay overtime wages and other wages owed to Hausen and other employees of IWS in violation of the Fair Labor Standards Act, the Illinois Minimum Wage Law, and the Illinois Wage Payment and Collection Act. On July 11, 2014, defendants' attorney mailed a Rule 68 offer of judgment to plaintiffs' counsel. The offer of judgment was a one page letter consisting of four paragraphs. Defendants offered a total sum of $35,000 to Hausen and Navarra. Plaintiffs filed a notice of acceptance to the offer of judgment on July 23, 2014. Plaintiffs stated in their notice that defendants' offer does not provide for the payment of costs and attorney's fees, which are payable to a prevailing party under the federal and state laws pursuant to which this case arises. Plaintiffs then declared that they intended to move to recover their costs and attorneys' fees by separate motion. Defendants objected to plaintiffs' notice of acceptance and asserted that their offer included attorneys' fees and costs, contrary to plaintiffs' interpretation of the offer. Plaintiffs made a corrected motion for entry of judgment in their favor in the amount of $35,000, plus an award of costs and attorneys' fees. Plaintiffs' counsel attached billing records through July 31, 2014 to support Plaintiffs' fee request. The court ruled in favor of plaintiffs and entered judgment in the amount of $35,000. The court also found that Plaintiffs were entitled to attorneys' fees. However, the court declined to award fees before the parties complied with Local Rule ("LR") 54.3. The parties engaged in a LR 54.3 conference and came to an agreement regarding some, but not all, of plaintiffs' requested fees. Plaintiffs filed a petition for attorneys' fees. Judge Gottschall granted in part and denied in part plaintiffs' petition for attorneys' fees. Plaintiffs are awarded $55,674.70 in fees and $826.11 in expenses for a total amount of $56,500.81 A copy of Judge Gottschall's memorandum opinion and order dated July 6, 2016, is available at http://goo.gl/CX5wyWfrom Leagle.com. Plaintiff, represented by Charles A. Valente -- cvalente@krasnowsaunders.com -- William D. Nagel -- wnagel@krasnowsaunders.com -- Heather J Kuhn O'Toole -- hotoole@krasnowsaunders.com -- at Krasnow Saunders Kaplan & Beninati, LLP Defendants, represented by Joshua Brandon Rosenzweig -- jrosenzweig@ottosenbritz.com -- at Ottosen Britz JANSSEN RESEARCH: Faces "Hardenbrook" Suit in La. Over Xarelto -------------------------------------------------------------- WENDY HARDENBROOK v. JANSSEN RESEARCH & DEVELOPMENT, LLC, f/k/a JOHNSON AND JOHNSON PHARMACEUTICAL RESEARCH AND DEVELOPMENT LLC; JANSSEN ORTHO, LLC; JANSSEN PHARMACEUTICALS, INC., f/k/a JANSSEN PHARMACEUTICA INC, f/k/a ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC; JOHNSON & JOHNSON COMPANY BAYER HEALTHCARE PHARMACEUTICALS, INC; BAYER PHARMA AG; BAYER CORPORATION; BAYER HEALTHCARE LLC; BAYER HEALTHCARE AG; and BAYER AG; Case 2:16-cv-12769 (E.D. La., July 14, 2016), alleges that Plaintiff suffered damages as a result of Defendants' wrongful conduct in connection with the development, design, testing, manufacture, distribution, and sale of Xarelto to reduce the risk of stroke and systemic embolism in patients with nonvalvular atrial fibrillation. Defendants designed, researched, manufactured, tested, advertised, promoted, marketed, sold, and distributed Xarelto. The Plaintiff is represented by: Richard J. Hood, Esq. 789 Sherman St., Suite 420 Denver, CO 80203 Phone: (844) 446-4663 Fax: (303) 362-6770 E-mail: rich@attorneysfor.us - and - Randy V. Pelham, Esq. 2520-2 Barrington Circle Tallahassee, FL 32308 Phone: (850) 383-6600 E-mail: rpelham@pelhamlaw.com JUNO THERAPEUTICS: Faces "Veljanoski" Securities Suit in Wash. -------------------------------------------------------------- GOCE VELJANOSKI, individually and on behalf of all others similarly situated, v. JUNO THERAPEUTICS, INC., and HANS E. BISHOP, individually and on behalf of the marital community, Case 2:16-cv-01069 (W.D. Wash., July 12, 2016), alleges violations of the Securities Exchange Act over the disclosure of information about its product candidate called JCAR015. Juno Therapeutics, Inc. is a biopharmaceutical company that is developing cell-based cancer immunotherapies. The Plaintiff is represented by: Kim D. Stephens, Esq. Janissa A. Strabuk, Esq. TOUSLEY BRAIN STEPHENS PLLC 1700 Seventh Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 682-5600 Fax: (206) 682-2992 E-mail: kstephens@tousley.com jstrabuk@tousley.com - and - Jeffrey C. Block, Esq. Joel A. Fleming, Esq. BLOCK & LEVITON LLP 155 Federal Street, Suite 400 Boston, MS 02110 Phone: (617)398-5600 Fax: (617)507-6020 E-mail: jeff@blockesq.com joel@blockesq.com - and - Jaimie M. O'Tey, Esq. TOUSLEY BRAIN STEPHENS PLLC 1700 Seventh Avenue, Suite 2200 Seattle, WA 98101 Phone: (206) 682-5600 Fax: (206) 682-2992 KENTUCKY: Woodcock's Suit Amendments Fails to Win Judge's Nod ------------------------------------------------------------- In the case, BRIAN WOODCOCK, Plaintiff, v. KENTUCKY DEPARTMENT OF CORRECTIONS et al., Defendants, Civil Action No. 5:12-CV-00135- GNS-LKK (W.D. Ky.), District Judge Greg N. Stivers dismissed plaintiff's motion to amend complaint, after the deadline for amended pleadings had passed and without any showing of good cause to secure the judge's consent. The court ruled that a party seeking to amend its pleadings after a deadline set by court order must show good cause in order to procure the court's consent. To demonstrate good cause, a party must show that despite their diligence, the time table could not have reasonably been met. The Plaintiff failed to articulate how he exercised due diligence to obtain the information giving rise to the additional claims and parties he seeks to assert in his Complaint. The allegations involve the Kentucky Department of Corrections' failure to meet its duty to provide proper medical care to plaintiff for Hepatitis C while being incarcerated. A copy of the court's decision dated July 6, 2016 is available at http://goo.gl/ufQpP8from Leagle.com. Kentucky Department of Corrections, et al., Defendants, represented by Alea A. Arnett -- aarnett@wwwatty.com -- Kentucky Justice & Public Safety Cabinet. KEVIN B. WILSON LAW: Faces "Tucker" Suit in M.D. Fla. ----------------------------------------------------- A lawsuit has been filed against Kevin B. Wilson Law Offices. The case is captioned Teisha Tucker, on behalf of herself and all others similarly situated, the Plaintiff, v. Kevin B. Wilson and Kevin B. Wilson Law Offices, the Defendants, Case No. 6:16-cv- 01286-GKS-KRS (M.D. Fla., July 18, 2016). The assigned Senior Judge is Hon. G. Kendall Sharp. Wilson Law Offices is a collection agency firm. The Plaintiff is represented by: Alex A. Stern, Esq. LITTLE GUY LAW FIRM 1300 Washington Ave. No. 191625 Miami Beach, FL 33119 Telephone: (305) 577 3996 Facsimile: (305) 577 3558 E-mail: astern@vpl-law.com KRISPY KREME: "Lomax" Sues over Shady Merger Deal ------------------------------------------------- Jonnie Lomax and Harold Lomax, on behalf of themselves and all others similarly situated, Plaintiffs, v. Krispy Kreme Doughnuts, Inc., Tim E. Bentsen, Charles A. Blixt, Lynn Crump-Caine, Carl E. Lee, Jr., C. Stephen Lynn, Robert S. Mccoy, Jr., James H. Morgan, Andrew J. Schindler, Lizanne Thomas and Anthony Thompson, Defendants, Case No. 1:16-cv-923 (M.D.N.C., July 8, 2016), seeks preliminary and permanent enjoinment of the defendants from proceeding with, consummating, or closing a merger; rescissory damages; reasonable attorneys' and experts' fees; and such other and further relief under the Exchange Act. Krispy Kreme is to be acquired by JAB Holdings B.V. through JAB Holdings' wholly-owned subsidiaries Cotton Parent, Inc. and Cotton Merger Sub, Inc. for $21.00 in cash per Krispy Kreme common share. Plaintiff alleges that this was a one-sided deal in favour of JAB and that the board did not consider other better options for the said sale. Defendant is a branded specialty retailer and wholesaler of premium quality sweet treats and complementary products. Tim E. Bentsen, Charles A. Blixt, Lynn Crump-Caine, Carl E. Lee, Jr., C. Stephen Lynn, Robert S. Mccoy, Jr., James H. Morgan, Andrew J. Schindler, Lizanne Thomas and Anthony Thompson all held board position during the merger deal. Plaintiff is represented by: Stuart H. Russell, Esq. WILSON & HELMS LLP 110 Oakwood Drive, Suite 400 Winston-Salem, NC 27103 Tel: (336) 631-8866 Fax: (336) 631-9770 Email: srussell@wilsonhelms.com - and - Richard A. Acocelli, Esq. Michael A. Rogovin, Esq. Kelly C. Keenan, Esq. WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Tel: (212) 682-3025 Fax: (212) 682-3010 Email: racocelli@weisslawllp.com mrogovin@weisslawllp.com kkeenan@weisslawllp.com - and - J. Brandon Walker, Esq. BRAGAR EAGEL & SQUIRE P.C. 885 Third Avenue, Suite 3040 New York, NY 10022 Tel: (212) 308-5858 Email: walker@bespc.com LA MANSION: Faces "Castillo" Suit Alleging Violation of FLSA ------------------------------------------------------------ ALEXANDER PINERO CASTILLO and all others similarly situated under 29 U.S.C. 216(b), v. LA MANSION DEL BAKERY LLC d/b/a CASA POTIN BAKERY, FRANCESCO D'ORSO and ANGELA LUCCHESE, Case 1:16-cv-23053- JEM (S.D. Fla., July 14, 2016), was filed under the Fair Labor Standards Act. CASA POTIN BAKERY is a Cuban American bakery. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Phone: (305) 865-6766 Fax: (305) 865-7167 E-mail: ZABOGADO@AOL.COM LANNETT CO: AHOLD USA Sues Over Alleged Violation of Sherman Act ---------------------------------------------------------------- AHOLD USA, INC., on behalf of itself and all others similarly situated, v. LANNETT COMPANY, INC., IMPAX LABORATORIES, INC., WEST-WARD PHARMACEUTICALS CORPORATION, ALLERGAN PLC, MYLAN, INC., AND PAR PHARMACEUTICAL COMPANIES, INC., Case 2:16-cv-03844-CMR (E.D. Pa., July 15, 2016), was filed on behalf of a purported class of direct purchasers who purchased generic digoxin or doxycycline from October 1, 2012 to the present. The Plaintiff alleges violations of the Sherman Act. Lannett Company, Inc. is a distributor of generic digoxin and generic doxycycline, among other generic drugs. The Plaintiff is represented by: Dianne M. Nast, Esq. Erin C. Burns, Esq. NAST LAW LLC 1101 Market Street, Suite 2801 Philadelphia, PA 19107 Phone: (215) 923-9300 Fax: (215) 923-9302 E-mail: dnast@nastlaw.com ebums@nastlaw.com - and - Thomas M. Sobol, Esq. David S. Nalven, Esq. Lauren G. Barnes, Esq. Kristen A. Johnston, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 02142 Phone: (617) 482-3700 Fax: (617) 482-3003 E-mail: tom@hbsslaw.com davidn@hbsslaw.com lauren@hbsslaw.com kristenj@hbsslaw.com - and - John D. Radice, Esq. RADICE LAW FIRM 34 Sunset Blvd Long Beach, NJ 08008 Phone: (646) 386-7688 Fax: (609) 385-0745 E-mail: jradice@radicelawfirm.com LCC INTERNATIONAL: Faces Suit in Mo. Alleging Violation of FLSA --------------------------------------------------------------- RICHARD TORGERSON, ROBERT HALL, SHELLEY GORDON, BRYON HUGHES, MOSES BOYE-DOE on Behalf of Themselves, and All Others Similarly Situated, v. LCC INTERNATIONAL, INC., a Virginia Corporation, and KENNY YOUNG, BRIAN DUNN, REBECCA STAHL AND DAN MOSS, Case 2:16-cv- 02495-DDC-TJJ (W.D. Mo., February 2, 2016), seeks to recover alleged unpaid overtime compensation, interest, liquidated damages, attorneys' fees and costs, injunctive and declaratory relief enjoining Plaintiff from further violations of the Fair Labor Standards Act. Defendant LCC International, Inc. was engaged in the business of providing wireless voice and data engineering services to the telecommunications industry. The Plaintiffs are represented by: Gregory P. Goheen, Esq. Robert L. Turner IV, Esq. MCANANY, VAN CLEAVE & PHILLIPS, P.A. 10 E. Cambridge Circle Drive, Suite 300 Kansas City, KS 66103 Phone (913) 371-3838 Fax (913) 371-4722 E-mail: ggoheen@mvplaw.com rturner@mvplaw.com LOMA RENTALS: Faces "Arriola" Lawsuit Alleging FLSA Violation ------------------------------------------------------------- RUDY ARRIOLA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, v. LOMA RENTALS, L.L.C.; WILLIAM HILL; AND DOUGLAS FARRELL, Case 5:16-cv-00720 (W.D. Tex., July 15, 2016), seeks to recover overtime compensation and all other available remedies under the Fair Labor Standards Act. Loma Rentals, LLC offers oil and gas equipment rental, production testing, flowback and gate guard services in Texas, Louisiana and Oklahoma. The Plaintiff is represented by: Josh Borsellino, Esq. BORSELLINO, P.C. 1020 Macon St., Ste. 15 Fort Worth, TX 76102 Phone: 817.908.9861 Fax: 817.394.2412 E-mail: josh@dfwcounsel.com LONDON CORRECTIONAL: Sabo's Motions Nixed Prior to Sept 6 Reply --------------------------------------------------------------- In the case, LARRY SABO, Petitioner, v. WARDEN, LONDON CORRECTIONAL INSTITUTION, et al., Respondents, Case No. 2:16-cv- 536 (S.D. Ohio), District Judge Algenon L. Marbley denied Petitioner's Motion for an Evidentiary Hearing, Motion to Appoint Counsel, Motion for Discovery, and Motion for Class Certification because Respondents have not yet responded to the Petition which reply is due on September 6, 2016. The case involves alleged violations against Petitioner's rights under federal and state law for the retroactive application of Ohio's parole guidelines. Not until the Respondents replied on the petition, it is unclear that discovery or an evidentiary hearing will be required to resolve the issues. It is likewise unclear that the appointment of counsel is necessary. With no counsel to assist, certification of the action as a class action would be inappropriate. A copy of the Court's Order dated July 18, 2016 is available at http://goo.gl/PCUoBifrom Leagle.com. Warden London Correctional Institution, Respondent, represented by Maura O'Neill Jaite -- maura@mauraoneill.com -- Ohio Attorney General's Office. MARKETO INC: Faces "Rosati" Securities Suit Over Sale to Vista -------------------------------------------------------------- ROBERT ROSATI, individually and on behalf of all others similarly situated, v. MARKETO, INC., PHILLIP M. FERNANDEZ, LYNNE BIGGAR, CAMBRIA DUNAWAY, ROGER S. SIBONI, SUSAN L. BOSTROM, and TAE HEA NAHM, WESLEY R. WASSON, Case 4:16-cv-03907-CW (N.D. Cal., July 12, 2016), alleges violation of the U.S. Securities and Exchange Commission in relation to the acquisition of the Company by Vista Equity Partners Fund VI, L.P. Marketo Inc. makes marketing automation software for companies. The plaintiff is represented by: Adam McCall, Esq. LEVI & KORSINSKY LLP 445 South Figueroa Street, 31st Floor Los Angeles, CA 90071 Phone: (213) 985-7890 Fax: (202) 333-2121 E-mail: amccall@zlk.com - and - Joseph Levi, Esq. Michael H. Rosner, Esq. Justin G. Sherman, Esq. LEVI & KORSINSKY LLP 30 Broad Street, 24th Floor New York, NY 10004 Phone: (212) 363-7500 Fax: (212) 363-7171 E-mail: jlevi@zlk.com mrosner@zlk.com jsherman@zlk.com MATCH GROUP: Glancy Prongay & Bragar Eagel Named Co-Lead Counsel ---------------------------------------------------------------- Magistrate Judge David L. Horan of the Northern District of Texas, Dallas Division, ruled on the parties' motions for appointment of lead plaintiff and lead counsel in the case DAVID M. STEIN, individually and on behalf of all others similarly situated, Plaintiff, v. MATCH GROUP, INC., ET AL., Defendants, No. 3:16-cv- 549-L, Consolidated with No. 3:16-cv-668-L (N.D. Tex.) Magistrate Judge Horan granted Mary McClosekey and Craig Kneller's motion for appointment as lead plaintiff and approval of lead counsel. The court designates Mary McClosekey and Craig Kneller as lead plaintiff and approves Glancy Prongay & Murray LLP and Bragar Eagel & Squire, P.C. as co-lead counsel and Kendall Law Group, PLLC as liaison counsel. Plaintiff David M. Stein in a putative class action in Case No. 3:16-cv-549-L and plaintiff Stephany Kam-Wan Chan in the related putative class action in Case No. 3:16-cv-668-L, as well as other prospective plaintiffs or class members, filed motions to consolidate the two actions, which the court granted and ordered Case No. 3:16-cv-668-L closed and consolidated under Case No. 3:16-cv-549-L. The plaintiffs brought claims under Sections 11, 12(a), and 15 of the Securities Act of 1933, against defendants Match Group, Inc., Gregory R. Blatt, Gary Swidler, Michael H. Schwerdtman, Gregg J. Winiarski, Joseph M. Levin, J.P. Morgan Securities LLC, Allen & Company LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Deutsche Bank Securities Inc., BMO Capital Markets Corp., Barclays Capital Inc., BNP Paribas Securities Corp., PNC Capital Markets LLC, Cowen and Company, LLC, SG Americas Securities, LLC, Fifth Third Securities, Inc., and Oppenheimer & Co. Inc. Plaintiffs allege that Match Group operates dating products, such as Match and OkCupid, as well as, various test preparation, academic tutoring, and college counseling services. Plaintiffs allege that defendants made inaccurate statements in the company's Registration Statement and the Prospectus issued in connection with the initial public offering during the fourth quarter in late November 2015 and led investors to believe that the company's Princeton Review business had turned a corner and was experiencing profitability for the first time. Plaintiffs allege that the statements were inaccurate when made because, as later revealed by defendant Blatt during a February 3, 2016 conference call, defendants knew and failed to disclose in late November 2015 that the 2015 fourth quarter revenue and financial results would be adversely impacted by two items. Three competing motions for appointment as lead plaintiff and lead counsel ensued. The motion of Kenneth Varin for appointment as lead plaintiff and approval of his selection of counsel, Mary McCloskey and Craig Kneller's motion for appointment as lead plaintiff and approval of lead counsel and the motion for appointment of Stein and Jenkins as lead plaintiffs and for approval of selection of lead and liaison counsel. A copy of Magistrate Judge Horan's memorandum opinion and order dated June 9, 2016, is available at http://goo.gl/XIdsHCfrom Leagle.com. Mary McCloskey, Craig Kneller, and David M Stein, Plaintiffs, represented by J Brandon Walker -- walker@bespc.com -- Todd Harris Henderson -- henderson@bespc.com -- at Bragar Eagel & Squire PC; Lesley F Portnoy -- lportnoy@glancylaw.com -- Lionel Z Glancy -- lglancy@glancylaw.com -- at Glancy Prongay & Murray LLP; Jamie Jean McKey -- jmckey@kendalllawgroup.com -- Joe Kendall -- jkendall@kendalllawgroup.com -- at Kendall Law Group LLP Stephany Kam-Wan Chan, Consol Plaintiff, represented by Brian Schall -- b_schall@u.pacific.edu -- Michael Goldberg -- hurt-law@psnw.com -- at Goldberg Law PC; J Alexander Hood, II -- ahood@pomlaw.com -- Jeremy Alan Lieberman -- jalieberman@pomlaw.com -- Marc Gorrie -- mgorrie@pomlaw.com -- Patrick V Dahlstrom -- pdahlstrom@pomlaw.com -- at Pomerantz LLP; Willie Briscoe -- wbriscoe@thebriscoelawfirm.com -- at Briscoe Law Firm; Peretz Bronstein -- peretz@bgandg.com -- at Bronstein, Gewirtz & Grossman, LLC Match Group Inc, Gregory R Blatt, Gary Swidler, Michael H Schwerdtman, Gregg J Winiarski, and Joseph M Levin, Defendants, represented by R Thaddeus Behrens -- thad.behrens@haynesboone.com -- at Haynes & Boone LLP; Bradley R Wilson -- BRWilson@wlrk.com -- Stephen R DiPrima -- SRDiPrima@wlrk.com -- at Wachtell Lipton Rosen & Katz JP Morgan Securities LLC, Allen & Company LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Deutsche Bank Securities Inc, BMO Capital Markets Corp, Barclays Capital Inc., BNP Paribas Securities Corp, PNC Capital Markets LLC, Cowen and Company LLC, SG Americas Securities LLC, Fifth Third Securities Inc., and Oppenheimer & Co Inc., Defendants, represented by Yolanda Cornejo Garcia -- ygarcia@sidley.com -- Penny P Reid -- preid@sidley.com - - Yvette Ostolaza -- yvette.ostolaza@sidley.com -- at Sidley Austin LLP Adam Marigliano, Shen Shen, and Liwei Sun, Movants, represented by Jeremy Alan Lieberman-- jalieberman@pomlaw.com -- J Alexander Hood, II -- ahood@pomlaw.com -- Patrick V Dahlstrom -- pdahlstrom@pomlaw.com -- at Pomerantz LLP; Brian Schall -- b_schall@u.pacific.edu -- Michael Goldberg -- hurt-law@psnw.com -- at Goldberg Law PC Kenneth Varin, Movant, represented by Brian P Lauten -- blauten@deanslyons.com -- at Deans & Lyons LLP MDL 2067: "Kiossovski" Complaint Survives Dismissal Bid ------------------------------------------------------- District Judge Nathaniel M. Gorton of the District of Massachusetts denied defendants' motion in the case entitled In re: CELEXA AND LEXAPRO MARKETING AND SALES PRACTICES LITIGATION DELANA S. KIOSSOVSKI and RENEE RAMIREZ, Plaintiffs, v. FOREST LABORATORIES, INC., FOREST LABORATORIES, LLC and FOREST PHARMACEUTICALS, INC., Defendants, Civil Action No. 14-13848-NMG, MDL No. 09-02067-NMG (D. Mass.) Defendants move to dismiss and/or strike certain claims in the amended complaint. Judge Gorton denied defendants' motion to dismiss and/or to strike certain claims in the amended complaint. Defendants Forest Laboratories, Inc., Forest Laboratories, LLC and Forest Pharmaceuticals, Inc. (Forest) marketed and sold Celexa and Lexapro, an anti-depressant drugs. Forest sought to market both drugs for treating major depressive disorder (MDD) in children and adolescents. In August 2014, Marlene LoConte and Delana Kiossovski commenced an action in the Western District of Washington by filing a complaint on behalf of themselves and putative consumer classes. They alleged that Forest fraudulently promoted the pediatric and adolescent use of Celexa and Lexapro despite knowing that the drugs did not provide any clinically significant benefit over placebos in treating MDD. The case was transferred to the District of Massachusetts pursuant to a multi-district litigation assignment to this Court in October 2014. In June 2015, Judge Gorton allowed defendants' motion to dismiss the complaint with respect to the Racketeer Influenced and Corrupt Organizations Act (RICO), the Massachusetts Consumer Protection Act, M.G.L. c. 93A and unjust enrichment claims brought by LoConte and denied the motion with respect to the RICO, Washington Consumer Protection Act (CPA) and unjust enrichment claims brought by Kiossovski. Plaintiffs amended the complaint in January 2016 by replacing LoConte with Renee Ramirez as the second plaintiff and putative class representative. The amended complaint raised two RICO claims by Kiossovski and Ramirez, an unjust enrichment claim by both plaintiffs and a CPA claim by Kiossovski. A copy of Judge Gorton's memorandum and order dated June 9, 2016, is available at http://goo.gl/xkCbaSfrom Leagle.com. Delana S Kiossovski, Plaintiff, represented by Christopher L. Coffin -- ccoffin@pbclawfirm.com -- Nicholas R. Rockforte -- nrockforte@pbclawfirm.com -- Pendley, Baudin & Coffin, LLP; Michael L. Baum -- mbaum@baumhedlundlaw.com -- Robert Brent Wisner -- at Baum, Hedlund, Aristei & Goldman, P.C.; Sam Griffin at Law Offices of S. Samuel Griffin; Corrie Johnson Yackulic at Schroeter, Goldmark & Bender Renee Ramirez, Plaintiff, represented by Christopher L. Coffin -- ccoffin@pbclawfirm.com -- Nicholas R. Rockforte -- nrockforte@pbclawfirm.com -- Pendley, Baudin & Coffin, LLP; Michael L. Baum -- mbaum@baumhedlundlaw.com -- Robert Brent Wisner -- at Baum, Hedlund, Aristei & Goldman, P.C. Forest Laboratories Inc., Defendant, represented by Edwin G. Schallert -- egschallert@debevoise.com -- Danielle E. Thorne -- dethorne@debevoise.com -- J. Robert Abraham -- jrabraham@debevoise.com -- Kristin D. Kiehn -- kdkiehn@debevoise.com -- at Debevoise & Plimpton LLP; Joshua D. Nadreau at Sugarman, Rogers, Barshak & Cohen, P.C. Forest Laboratories, LLC and Forest Pharmaceuticals, Inc., Defendants, represented by Edwin G. Schallert -- egschallert@debevoise.com -- J. Robert Abraham -- jrabraham@debevoise.com -- Kristin D. Kiehn -- kdkiehn@debevoise.com -- Peter Simpson Ross -- pross@debevoise.com -- at Debevoise & Plimpton LLP MDL 2672: $15-Bil. Settlement in 2.0L Cars Suit Wins Initial OK --------------------------------------------------------------- U.S. District Judge Charles Breyer in San Francisco on July 26 granted preliminary approval to a $15 billion settlement reached in the class action lawsuit against Volkswagen over alleged emission scandal. Volkswagen has reached a deal to resolve litigation involving 2.0- liter Volkswagen and Audi diesel vehicles with the United States Environmental Protection Agency, the California Attorney General, the California Air Resources Board, the Federal Trade Commission, and current vehicle owners/lessees and certain former vehicle owners/lessees in the United States. Volkswagen has agreed to: -- buy back, terminate leases or provide approved emissions modifications for nearly 475,000 2.0-liter TDI diesel cars in the United States; -- provide cash payments to owners/lessees? -- pay for environmental remediation? and -- promote zero emissions vehicle technology. The goal of the Volkswagen Class Settlement Program is to compensate everyone who owned or leased a Volkswagen or Audi 2.0- liter TDI vehicle on September 18, 2015 (the date the emissions allegations became public), or who now owns an Eligible Vehicle. Volkswagen has agreed to create a single funding pool of a maximum of $10,033,000,000 from which Class Members will be compensated under the Class Settlement Program. An executive summary of the proposed benefits to owners of affected VW vehicles is available at https://is.gd/vQgUB5 Under its agreement with the U.S. Justice Department, Volkswagen is required to pay a total of $4.7 billion -- on top of the $10.033 billion funding pool for the Buyback and Emissions Modification program -- in environmental reparations, to be administered and enforced by the EPA. Volkswagen also has reached a deal with a consortium of Attorneys General to resolve their states' unfair and deceptive practice act claims against both Volkswagen and Porsche in exchange for (1) $1,100 for each 2.0- and 3.0-liter vehicle originally sold or leased in the participating states prior to September 18, 2015, (2) payment of $20,000,000 to the National Association of Attorneys General, and (3) an injunction against future unfair and deceptive acts or practices. The Attorneys General settlement increases the total value of the Settlements to well over $15 billion. Additional information on the Settlement is available at: https://www.vwcourtsettlement.com/en/ Judge Breyer set an October 18 hearing for final approval of the settlement. A status conference is set for August 25, 2016, 8:00 a.m. Class Notice Program begins today, July 27, and will end August 19. The case is, In Re: Volkswagen "Clean Diesel" Marketing, Sales Practices, And Products Liability Litigation, Case 3:15-md-02672- CRB (N.D. Cal.). Lead Counsel for Plaintiffs: Elizabeth J. Cabraser, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 E-mail: ecabraser@lchb.com Plaintiffs' Steering Committee Benjamin L. Bailey BAILEY GLASSER LLP 209 Capitol Street Charleston, WV 25301 Telephone: 304.345.6555 Facsimile: 304.342.1110 E-mail: Bbailey@baileyglasser.com - and - Steve W. Berman HAGENS BERMAN 1918 8th Avenue, Suite 3300 Seattle, WA 98101 Telephone: 206.623.7292 Facsimile: 206.623.0594 E-mail: steve@hbsslaw.com - and - David Boies BOIES, SCHILLER & FLEXNER LLP 333 Main Street Armonk, NY 10504 Telephone: 914.749.8200 Facsimile: 914.749.8300 E-mail: dboies@bsfllp.com - and - David Seabold Casey, Jr. CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP 110 Laurel Street San Diego, CA 92101-1486 Telephone: 619.238.1811 Facsimile: 619.544.9232 E-mail: dcasey@cglaw.com - and - James E. Cecchi CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO P.C. 5 Becker Farm Road Roseland, NJ 07068-1739 Telephone: 973.994.1700 Facsimile: 973.994.1744 E-mail: jcecchi@carellabyrne.com - and - Roxanne Barton Conlin ROXANNE CONLIN & ASSOCIATES, P.C. 319 Seventh Street, Suite 600 Des Moines, IA 50309 Telephone: 515.283.1111 Facsimile: 515.282.0477 E-mail: roxlaw@aol.com - and - Jayne Conroy SIMMONS HANLY CONROY LLC 112 Madison Avenue New York, NY 10016-7416 Telephone: 212.784.6400 Facsimile: 212.213.5949 E-mail: jconroy@simmonsfirm.com - and - Paul J. Geller ROBBINS GELLER RUDMAN & DOWD LLP 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: 561.750.3000 Facsimile: 561.750.3364 E-mail: pgeller@rgrdlaw.com - and - Robin L. Greenwald WEITZ & LUXENBERG P.C. 700 Broadway New York, NY 10003 Telephone: 212.558.5500 Facsimile: 212.344.5461 E-mail: rgreenwald@weitzlux.com - and - Michael D. Hausfeld HAUSFELD 1700 K Street, N.W., Suite 650 Washington, DC 20006 Telephone: 202.540.7200 Facsimile: 202.540.7201 E-mail: mhausfeld@hausfeld.com - and - Michael Everett Heygood HEYGOOD, ORR & PEARSON 6363 North State Highway 161, Suite 450 Irving, TX 75038 Telephone: 214.237.9001 Facsimile: 214.237-9002 E-mail: Michael@hop-law.com - and - Adam J. Levitt GRANT & EISENHOFER P.A. 30 North LaSalle Street, Suite 2350 Chicago, IL 60602 Telephone: 312.610.5400 Facsimile: 312.214.0001 E-mail: alevitt@gelaw.com - and - W. Daniel "Dee" Miles III BEASLEY ALLEN LAW FIRM 218 Commerce Street Montgomery, AL 36104 Telephone: 800.898.2034 Facsimile: 334.954.7555 E-mail: dee.miles@beasleyallen.com - and - Frank Mario Pitre COTCHETT PITRE & McCARTHY LLP 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: 650.697.6000 Facsimile: 650.697.0577 E-mail: fpitre@cpmlegal.com - and - Joseph F. Rice MOTLEY RICE, LLC 28 Bridgeside Boulevard Mount Pleasant, SC 29464 Telephone: 843.216.9000 Facsimile: 843.216.9450 E-mail: jrice@motleyrice.com - and - Lynn Lincoln Sarko KELLER ROHRBACK L.L.P. 1201 3rd Avenue, Suite 3200 Seattle, WA 98101-3052 Telephone: 206.623.1900 Facsimile: 206.623.3384 E-mail: lsarko@kellerrohrback.com - and - J. Gerard Stranch IV BRANSTETTER, STRANCH & JENNINGS, PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: 615.254.8801 Facsimile: 615.250.3937 E-mail: gerards@bsjfirm.com - and - Rosemary M. Rivas FINKELSTEIN THOMPSON LLP One California Street, Suite 900 San Francisco, CA 94111 Telephone: 415.398.8700 Facsimile: 415.393.8704 E-mail: rrivas@finkelsteinthompson.com - and - Christopher A. Seeger SEEGER WEISS LLP 77 Water Street New York, NY 10005-4401 Telephone: 212.584.0700 Facsimile: 212.584.0799 E-mail: cseeger@seegerweiss.com - and - Roland K. Tellis BARON & BUDD, P.C. 15910 Ventura Boulevard, Suite 1600 Encino, CA 91436 Telephone: 818.839.2320 Facsimile: 818.986.9698 E-mail: trellis@baronbudd.com - and - Lesley Elizabeth Weaver BLOCK & LEVITON LLP 155 Federal Street, Suite 400 Boston, MA 02110 Telephone: 617.398.5600 Facsimile: 617.507.6020 E-mail: lweaver@blockesq.com Counsel for the United States: JOHN C. CRUDEN Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice JOSHUA H. VAN EATON BETHANY ENGEL GABRIEL ALLEN LESLIE ALLEN PATRICK BRYAN NIGEL COONEY KAREN DWORKIN DANICA GLASER ANNA GRACE SHEILA McANANEY MARCELLO MOLLO ROBERT MULLANEY ERIKA ZIMMERMAN IVA ZIZA Environmental Enforcement Section Environment and Natural Resources Division United States Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 Telephone: (202) 514-5474 Facsimile: (202) 514-0097 E-mail: josh.van.eaton@usdoj.gov bethany.engel@usdoj.gov MDL 2672: VW Working on New Settlement Proposal for 3.0L Cars ------------------------------------------------------------- Reuters reports that Volkswagen is planning to offer a new proposal to fix 85,000 polluting 3.0 liter vehicles after regulators rejected an earlier plan, a Justice Department lawyer said on July 26. On Tuesday, U.S. District Judge Charles Breyer in San Francisco granted preliminary approval to a $15 billion settlement reached in a class action lawsuit against Volkswagen over alleged emission scandal. The deals resolve litigation involving 2.0-liter Volkswagen and Audi diesel vehicles. The deals were reached by the German automaker with the United States Environmental Protection Agency, the California Attorney General, the California Air Resources Board, the Federal Trade Commission, and current vehicle owners/lessees and certain former vehicle owners/lessees in the United States. According to Reuters, the California Air Resources Board earlier this month rejected as insufficient a plan to fix the vehicles, which include VW and Audi luxury cars from model years 2009-2016. At the July 26 hearing, Justice Department lawyer Joshua Van Eaton said Volkswagen had been meeting with regulators in recent weeks and planned to offer a new fix proposal in August. According to Reuters, Judge Breyer said he wants another update on the 3.0 liter vehicle talks at a hearing on Aug. 25. MERCANTILE ADJUSTMENT: Faces "Maslaton" Suit in E.D.N.Y. -------------------------------------------------------- A lawsuit has been filed against Mercantile Adjustment Bureau, LLC. The case is captioned Moshe Maslaton, on behalf of himself and all other similarly situated consumers, Plaintiff, v. Mercantile Adjustment Bureau, LLC, the Defendant, Case No. 1:16- cv-03967 (E.D.N.Y., July 15, 2016). Mercantile Adjustment is a full service, nationally licensed collections and accounts receivable management firm. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, ATTORNEY AT LAW 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791 4400 Facsimile: (516) 791 4411 E-mail: fishbeinadamj@gmail.com The Defendant appears pro se. MIDLAND CREDIT: Faces "Hofstatter" Suit Over FDCPA Breach --------------------------------------------------------- ROBERT HOFSTATTER on behalf of himself and all other similarly situated consumers v. MIDLAND CREDIT MANAGEMENT, INC., MIDLAND FUNDING, LLC, PRESSLER & PRESSLER, LLP AND DARYL J. KIPNIS, Case 1:16-cv-03885-DLI-SMG (E.D.N.Y., July 13, 2016), alleges violation of the Fair Debt Collection Practices Act. Defendant, Midland Credit Management, Inc. is a "debt collector." The Plaintiff is represented by: Adam J. Fishbein, Esq. ADAM J. FISHBEIN, P.C 483 Chestnut Street Cedarhurst, NY 11516 Phone: (516) 791-4400 Fax: (516) 791-4411 MINNEAPOLIS, MN: CA Affirms Ruling in "DRB #24" Suit ---------------------------------------------------- A three-panel judge of the Court of Appeals of Minnesota affirmed a District Court's decision in the case captioned, DRB #24, LLC, on behalf of itself and other similarly situated property owners in Minneapolis that have been assessed vacant building registration fees in 2013, Appellant, v. City of Minneapolis, Respondent, No. A15-1844 (Minn. App.). The case involves allegations of the Appellant, a former owner of a vacant building, that the 2013 VBR fee was invalid as it erroneously calculated and imposed in violation of several state and federal constitutional and statutory provisions. A VBR fee is an imposed special assessment against owners of vacant building. The Appeals Court concluded that the Appellant's claims became moot when its property was forfeited to the state and the disputed special assessment was canceled, the collateral-consequences exception to the mootness doctrine does not apply, and the district court correctly granted Respondent's motion for summary judgment. A copy of the Court's Order dated July 18, 2016 is available at http://goo.gl/h4bIJSfrom Leagle.com. Susan L. Segal -- susan.segal@ci.minneapolis.mn.us -- Minneapolis City Attorney, Gregory P. Sautter -- gregory.sautter@ci.minneapolis.mn.us -- Assistant City Attorney, Minneapolis, Minnesota, for respondent. MONTGOMERY: Bid to Dismiss "McConville" Suit Denied --------------------------------------------------- District Judge Mae A. D'Agostino of the Northern District of New York, denied defendants' partial motion to dismiss in the case MARTHA McCONVILLE, Plaintiff, v. JEREMY MONTRYM, JENNIFER YOUNG, JENNIFER WINTERMUTE, SHAWN BYRNE, JOHN WEMPLE, KEVIN ABRAMS, MICHAEL FRANKO, MICHAEL AMATO, and THE COUNTY OF MONTGOMERY, Defendants, No. 3:15-cv-00967 (MAD/DEP) (N.D.N.Y.) Kenneth McConville died at the Montgomery County Jail from cardiorespiratory arrest caused by a severe overdose of alcohol and oxycodone after he was arrested by Thomas Malley, a Fort Plains Police Officer. Martha McConville, as Administratix of the Estate of Kenneth McConville, brought an action pursuant to 42 U.S.C. Section 1983 and state law against Jeremy Montrym, Jennifer Young, Jennifer Wintermute, Shawn Byrne, Jon Wemple, Kevin Abrams, Michael Franko, Michael Amato, and the County of Montgomery on August 7, 2015. Martha's complaint alleges that (1) defendants Montrym, Young, Wintermute, Byrne, Wemple and Abrams were deliberately indifferent to decedent's serious medical needs in violation of the Fourteenth Amendment; (2) defendants Montgomery County, Franko and Amato implemented municipal policies and practices that directly violated decedent's constitutional rights, failed to implement municipal policies to avoid constitutional deprivations and/or failed to train and supervise employees in violation of the Eighth Amendment and (3) defendants were negligent in failing to address decedent's conscious pain and suffering in violation of state law. Martha seeks punitive damages against Montrym, Young, Wintermute, Byrne, Wemple, Abrams, Franko and Amato. Defendants Wintermute, Wemple and Abrams moved to partially dismiss plaintiff's complaint for failure to state a claim pursuant to Fed. R. Civ. Pro. 12(b)(6) with respect to plaintiff's first cause of action alleging violations of decedent's Fourteenth Amendment rights due to defendants' deliberate indifference to decedent's serious medical needs. Judge D'Agostino denied defendants' partial motion to dismiss. A copy of Judge D'Agostino's memorandum decision and order dated June 9, 2016, is available at http://goo.gl/97FJBbfrom Leagle.com. Martha McConville, Plaintiff, represented by: Elmer R. Keach, III, Esq. Maria K. Dyson, Esq. LAW OFFICES OF ELMER ROBERT KEACH, III, P.C. 1 Pine West Plaza, Suite 109 Albany, NY 12205 Telephone: 518-434-1718 Facsimile: 518-770-1558 David R. Homer, represented by David R. Homer -- dhomer@carterconboy.com -- at Carter, Conboy Law Firm Jeremy Montrym and Jennifer Young, Defendants/ Cross Defendants, represented by Maria E. Lisi-Murray, New York State Attorney General Jennifer Wintermute, Jon Wemple, Kevin Abrams, Defendants, represented by: David L. Posner, Esq. McCabe, Mack Law Firm 63 Washington St. Poughkeepsie, NY 12601 Telephone: 845-486-6800 Shawn Byrne, Michael Franko, Michael Amato, and County of Montgomery, Defendants/Cross Claimants, represented by Jonathan M. Bernstein -- jbernstein@goldbergsegalla.com -- at Goldberg, Segalla Law Firm MORAL HOME: Faces "Guerrero" Suit Alleging Violation of FLSA ------------------------------------------------------------ PAULINA GUERRERO, v. MORAL HOME SERVICES, INC. and ARMANDO MORALES ROSE, Case 1:16-cv-23051-FAM (S.D. Fla., July 14, 2016), seeks to recover monetary damages, liquidated damages, interest, costs and attorney's fees for willful violations of overtime and minimum wage pay under the laws of the United States, the Fair Labor Standards Act. Defendants own and operate a home healthcare company that utilizes computers, software, medical equipment and supplies, furniture, telephones, phone systems, and other materials and supplies to engage in interstate commerce. The Plaintiff is represented by: Yelina Angulo, Esq. ANGULO LAW FIRM, P.A. 5207 NW 74 Avenue Miami, FL 33166 Phone: 305-468-9564 E-mail: service@angulolawfirm.com NASSAU COUNTY, NY: Discovery Underway in "Weinstein" Suit --------------------------------------------------------- In the case, MARC W. WEINSTEIN, Plaintiff, v. THOMAS C. KRUMPTER, Acting Police Commissioner, Nassau County, New York, et al., Defendants, No. CV 14-7210 (ADS) (AKT), (E.D.N.Y.), Magistrate Judge Kathleen Tomlinson ordered Defendants to respond, not later than August 5, 2016, to the information sought in Plaintiff's Request No. 16, to determine whether Defendants complied with the prompt deprivation hearings as required by Judge Spatt's decision in Razzano v. County of Nassau, 765 F. Supp. 2d. 176 (E.D.N.Y. 2011). Plaintiff alleges Defendants' violations of his constitutional rights under the First, Second, Fourth, Fifth, and Fourteenth Amendments by forcing him to surrender his pistol license and confiscating his legally owned firearms after Nassau County Police Department (NCPD) officers responded to a domestic incident at his home. The Court said Plaintiff is entitled to some of the information sought in Request No. 16 seeking Defendants to provide a list of all firearms confiscations by NCPD which occurred as a result of a domestic incident and pursuant to the County's procedure called, Removal and Disposition of Weapons-Domestic Incidents/Threats to Public Safety (OPS 10023), during the approximately 21-month time period between May 11, 2012 -- the date OPS 10023 went into effect -- and February 25, 2014, the date of the incident. The list include: (1) the date and location of the confiscation(s); (2) an indication whether the firearms were returned and, if so, the date of their return, and if not, the reasons they were not returned; (3) the date, time and place of each post deprivation hearing held after the confiscation(s); (4) the name and title of the decision-maker who conducted the hearing, and (5) an indication whether the decision after the hearing was reviewable and, if so, by whom. The Court is adjusting the Final Scheduling Order, as follows, to account for the additional discovery to be completed in the action: (1) August 15, 2016 will be the Deadline for completion of all discovery; (2) On September 9, 2016, Moving party's Rule 56.1 Statement of Undisputed Facts must be served; (3) Opposing party's Rule 56.1 Counterstatement must be served by September 30, 2016; (4) Any letter request for a pre-motion conference to Judge Spatt for purposes of making a summary judgment motion must be filed by October 14, 2016; (5) Proposed Joint Pre-Trial Order must be filed on ECF by December 16, 2016; and (6) Pre-Trial Conference will be held on December 21, 2016 at 2 p.m. A copy of the court's order dated July 6, 2016 is available at http://goo.gl/HSnzU1from Leagle.com. Thomas C. Krumpter, et al., Defendants, represented by Ralph J. Reissman -- rreissman@nassaucountyny.gov -- Nassau County Attorney's Office NITRO FLUIDS: Faces "Garcia" Suit Alleging Violation of FLSA ------------------------------------------------------------ MONICO GARCIA, Individually and on behalf of all others similarly situated v. NITRO FLUIDS, LLC, BOBBY LEE KORICANEK and JACKIE R. SIMPSON, JR. Case 2:16-cv-00288 (S.D. Tex., July 12, 2016), seeks to recover compensation, liquidated damages, attorneys' fees, and costs, pursuant to the Fair Labor Standards Act. Nitro Fluids LLC is an oil field contractor and service located in Nordheim, Texas. The Plaintiff is represented by: Clif Alexander, Esq. Austin W. Anderson, Esq. Lauren E. Braddy, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Phone: (361) 452-1279 Fax: (361) 452-1284 E-mail: clif@a2xlaw.com austin@a2xlaw.com lauren@a2xlaw.com NORTH AMERICAN BANCARD: Offer of Judgment Did Not Moot Claims ------------------------------------------------------------- Circuit Judge Danny J. Boggs of the United States Court of Appeals, Sixth Circuit vacated the district court's judgment and remanded the case of DIANA MEY, Plaintiff-Appellant, v. NORTH AMERICAN BANCARD, LLC, Defendant-Appellee, No. 14-2574 (6th Cir.) North American Bancard, LLC ("NAB"), a credit-card processing company, used an automatic dialing system to make a marketing call to Diana Mey's cell-phone number, in violation of the Telephone Consumer Protection Act of 1991. Mey brought a federal action against NAB, individually and on behalf of a proposed nationwide class of persons whom NAB had also autodialed without permission. The district court denied without prejudice Mey's motion for class certification, citing the need to hold a scheduling conference. NAB then made an offer of judgment to Mey, in which it agreed to pay Mey's statutory damages and consented to her demand for injunctive relief. NAB mailed Mey's attorney a cashier's check for $4,500 for the 3 calls that NAB made to Mey. When Mey rejected the offer, NAB moved the court to enter judgment on her individual claims on the ground that the offer of judgment mooted Mey's claims. The district court agreed, entered judgment in favor of NAB on Mey's individual claims, and dismissed the class claims. Mey appealed. Judge Boggs vacated the district court's entry of judgment on Mey's individual claims, vacated its order dismissing Mey's class claims, and remanded the case to the district court. A copy of Judge Boggs's opinion dated July 6, 2016, is available at http://goo.gl/9XtRPkfrom Leagle.com. The United States Court of Appeals, Sixth Circuit panel consists of Circuit Judges Danny J. Boggs and Karen Nelson Moore and District Judge Reeves. NY F&B: Magistrate Judge's Report Adopted, "Reyes" Suit Dismissed ----------------------------------------------------------------- District Judge Laura Taylor Swain adopted Magistrate Judge Freeman's Report dismissing Plaintiffs claims in the case, JOHNNY DANIEL REYES et al., Plaintiffs, v. NY F&B SERVICES LLC et al., Defendants, No. 15CV2882-LTS-DCF (S.D.N.Y.). The Court, upon review, finds no clear error in the Report that recommends dismissal of Plaintiffs' claims for failure to attend a conference set to discuss Plaintiffs' Counsel's intent to seek withdrawal, failure to show at a subsequent order ordered by Magistrate Judge Freeman, and failure to notify the court for continuing the case, despite an order granting their Counsel's withdrawal. Thus, with no further communications from the Plaintiff, it being assumed as they opted to abandon their case, a report on dismissal without prejudice was issued. When reviewing a report and recommendation, the Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. The Court adopted the Report in its entirety. A copy of the Court's decision dated July 12, 2016, is available at http://goo.gl/9snMHSfrom Leagle.com. OMNI HEALTHCARE: Faces Mich. Lawsuit Alleging Violation of FLSA --------------------------------------------------------------- KRYSTAL BRYANT, LAURA GONZALEZ, KAYLA MCTAGGERT, and KATIE MACINNIS, v. OMNI HEALTHCARE MANAGEMENT CORP., OMNI HOME CARE, INC., OMNI HOME CARE OF OHIO, INC., SWARUP SAHA, and RESHMI SAHA Jointly and Severally, 2:16-cv-12639-GAD-SDD (E.D. Mich., July 15, 2016), alleges that Defendants failed to pay their workers overtime pay and made impermissible deductions from the pay of salaried workers in violation of the Fair Labor Standards Act. OMNI HEALTHCARE MANAGEMENT CORP. is a Medicare certified home health agency that provides a wide range of nursing care and therapy solutions, with services available year-round including holidays. The Plaintiffs are represented by: Bruce A. Miller, Esq. Richard G. Mack Jr Esq. Adam M. Taub, Esq. MILLER COHEN, P.L.C. 600 W. Lafayette Blvd., 4th Floor Detroit, MI 48226 Phone: (313) 964-4454 Fax: (313) 964-4490 E-mail: richardmack@millercohen.com adamtaub@millercohen.com OPAI THAI: "De Los Santos" Suit Seeks Unpaid Overtime Wages ----------------------------------------------------------- Manuel Victorio De Los Santos, Marcos Bravo, Misael Genis Carillo, and Sergio Oswaldo Calle, individually and on behalf of others similarly situated, Plaintiffs, v. Opai Thai Inc. (d/b/a Opai Thai), and Yan Bing Chen, Defendants, Case No. 1:16-cv-05472 (S.D.N.Y., July 8, 2016), seeks unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938 and the N.Y. Labor Law, spread of hours and overtime wage orders of the New York Commissioner of Labor, including applicable liquidated damages, interest, attorneys fees and costs. Defendants own, operate, and/or control a Thai restaurant located at 722 Amsterdam Avenue, New York, New York 10025 under the name Opai Thai. Plaintiffs were employed as cooks. Plaintiff is represented by: Michael A. Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES PC. 60 East 42nd Street Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 Email: faillace@employmentcompliance.com ORACLE CORP: Faces "Van Der Fluit" Suit Over Opower Acquisition --------------------------------------------------------------- PETER VAN DER FLUIT, Individually and on Behalf of All Others Similarly Situated, v. DANIEL YATES, ALEX LASKEY, JON SAKODA, MARK McLAUGHLIN, DIPCHAND NISHAR, GENE RIECHERS, MARCUS RYU, OC ACQUISITION LLC, OLYMPUS II ACQUISITION CORPORATION and ORACLE CORPORATION, Case No. 12553 (Del. Ch., July 12, 2016), seeks damages arising from the Individual Defendants' alleged breaches of fiduciary duties in connection with the negotiation and sale of Opower, Inc. to Oracle Corp. Oracle Corp. is a provider of enterprise software and computer hardware products and services. The Plaintiff is represented by: Stuart A. Davidson, Esq. Christopher Martins, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 120 E. Palmetto Park Rd., Ste. 500 Boca Raton, FL 33432 Phone: (561) 750-3000 - and - David T. Wissbroecker, Esq. Edward M. Gergosian, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Phone: (619) 231-1058 - and - Willie C. Briscoe, Esq. THE BRISCOE LAW FIRM, PLLC 8150 N. Central Expressway, Suite 1575 Dallas, TX 75206 Phone: (214) 239-4568 - and - Patrick W. Powers, Esq. Campbell Centre II, Esq. POWERS TAYLOR LLP 8150 North Central Expressway, Suite 1575 Dallas, TX 75206 Phone: (214) 239-8900 - and - Peter B. Andrews, Esq. Craig J. Springer, Esq. David M. Sborz, Esq. ANDREWS & SPRINGER LLC 3801 Kennett Pike Building C, Suite 305 Wilmington, DE 19807 Phone: (302) 504-4957 ORTHOTICS ON THE GO: Faces "Harris" Sales Consultants' Lawsuit -------------------------------------------------------------- EDWARD HARRIS, individually and on behalf of those similarly situated, v. ORTHOTICS ON THE GO, INC., SUPPORTS FOR KANSAS, INC., and ARNOLD PEREIRA, individually and d/b/a GOOD FEET MIDWEST and THE GOOD FEET STORE, Case 2:16-cv-00917 (E.D. Wis., July 13, 2016), was filed on behalf of all similarly situated current and former, non-exempt Sales Consultants who worked for Defendants at Defendants' stores located in Wisconsin and other states and who: a) worked "off the clock;" and/or b) were not paid for all hours worked; and/or c) were not paid overtime for hours worked in excess of 40 hours in a workweek. The Plaintiff is represented by: Larry A. Johnson, Esq. Summer Murshid, Esq. Timothy Maynard, Esq. HAWKS QUINDEL, S.C. 222 East Erie, Suite 210 P.O. Box 442 Milwaukee, WI 53201-0442 Phone: 414-271-8650 Fax: 414-271-8442 E-mail: ljohnson@hq-law.com smurshid@hq-law.com tmaynard@hq-law.com - and - Martin D. Holmes, Esq. DICKINSON WRIGHT, PLLC 424 Church Street, Suite 1401 Nashville, TN 37219 Phone: 615-244-6538/615-620-1717 Fax: 615-256-8386 E-mail: mdholmes@dickinsonwright.com PAYPAL INC: Final Settlement Approval Hearing Set for Dec. 14 ------------------------------------------------------------- Judge Saundra Brown Armstrong granted the parties' stipulation to set December 14, 2016, as the final approval hearing of the settlement in the case, MOISES ZEPEDA, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. PAYPAL, INC., et al., Defendants, Case No. 10-CV-02500 SBA (N.D. Cal.). The Final Approval Hearing may be postponed, adjourned, or continued by order of the Court without further notice to the Settlement Class. The stipulation of the parties includes these deadlines pursuant to the Scheduling Order: (1) August 15, 2016 for Paypal's submission of a summary Email Notice to Additional Settlement Class Members; (2) September 14, 2016 for the Settlement Administrator to provide Supplemental summary Postcard Notice to Additional Settlement Class Members; (3) October 14, 2016 for Claim Forms to be submitted by Additional Settlement Class Members; (4) October 14, 2016 for Additional Settlement Class Members to exclude themselves from the Claims Class by mailing a request for exclusion; (5) November 3, 2016 for Defendants to exercise their right to terminate the Settlement Agreement; (6) October 14, 2016 for Additional Settlement Class Members to object to the fairness, reasonableness, or adequacy of the Settlement, the request for an award of fees and costs to Class Counsel or the awards to the Settlement Class representatives; (7) at least thirty (30) days before the Final Approval Hearing for any responses to objections to the Settlement Agreement and any papers in support of the Settlement; and (8) No later than seven days before the Final Approval Hearing for the Defendants or the Settlement Administrator's declaration verifying that notice has been provided to the Settlement Class. A copy of the court's order dated July 6, 2016 is available at http://goo.gl/gFKMsufrom Leagle.com. Paypal, Inc., Defendant, represented by Benjamin Taylor Potter -- bpotter@stroock.com -- Stroock & David Wesley Moon, Stroock & Stroock & Lavan LLP. Paypal, Inc., Defendant, represented by Julia B. Strickland -- jstrickland@stroock.com -- Stroock & Stroock & Lavan LLP. Perkins Tammy, Defendant, represented by Matt Kurilich -- mattkurilich@yahoo.com. PENNSYLVANIA: Judge Approves Terms of Settlement in Autism Suit --------------------------------------------------------------- Magistrate Judge Martin C. Carlson of the Middle District of Pennsylvania approved the terms of the settlement in the case of SONNY O., Jr., by his mother and Next Friend Maria G., DANIEL D., by his mother and Next Friend, Nadine D., and VALERIE H., by her mother and Next Friend, Liliya H., Plaintiffs, v. THEODORE DALLAS, in his official capacity as Secretary of Human Services of the Commonwealth of Pennsylvania, Defendant, Civil No. 1:14-CV-1110 (M.D. Pa.) Plaintiffs brought a class action on behalf of 40,000 Pennsylvanians, families enrolled in Pennsylvania's medical assistance program whose children suffered from autism spectrum disorders. On behalf of the class of children, whose voices were stilled or impaired by autism, the plaintiffs sued the Department of Human Services, alleging that the failure to provide medically necessary Applied Behavioral Analysis (ABA) therapy to the children in an amount, duration and scope sufficient to treat their disorders violated Title XIX of the Social Security Act. The parties tendered to the court for its consideration a proposed class action settlement agreement, which Judge Carlson approved. The proposed settlement provided at least eight significant benefits for class members. First, under the terms of the settlement agreement, the Commonwealth created a designation for ABA services, permitting families to request, and providers to bill for these services through the Medical Assistance program. Second, the agreement called for the issuance of a bulletin providing information to the affected autism spectrum disorder community, and various providers, regarding ABA therapy and its potential benefit in treating these disorders. Third, the settlement agreement put in place a process for the revision of medical necessity guidelines in this field, in order to ensure that these guidelines do not impede access to these services but rather open the door to greater access to ABA therapy for families confronting autism. Fourth, the settlement agreement established procedures for ensuring that those who provide ABA services possess sufficient skill, training, background and experience to meaningfully apply ABA therapy to the needs of the autism spectrum disorder community. Fifth, the agreement prescribed enrollment procedures for ABA service providers, procedures which facilitate enrollment in the Medical Assistance program. Sixth, the agreement called for on-going assessments of the ability of provider networks to meet the needs of the autism spectrum disorder community, and deliver meaningful ABA therapy to that community. This is a critical component of the settlement, and one which ensures that the commitments set forth in the agreement are able to be translated into action in the field. Seventh, the proposed settlement agreement created open, on-going, and transparent pathways for communication regarding progress and challenges in implementing this settlement. This communication is ensured through bi-monthly meetings by the parties designed to monitor the implementation of the program. In addition, under the terms of the agreement the Department of Human Services will create a dedicated point-person whose role it will be to address concerns of those seeking medical assistance for their autistic children. Finally, the agreement provides for a useful oversight role by the court in this continuing process, and enables the parties to turn to the court to address and resolve any disputes which may arise relating to the implementation of this agreement. A copy of Magistrate Judge Carlson's memorandum opinion dated June 9, 2016, is available at http://goo.gl/bfieeBfrom Leagle.com. Plaintiffs, represented by: Koert A Wehberg, Esq. Rachel B. Mann, Esq. Disability Rights Network of Pennsylvania 1315 Walnut St #4 Philadelphia, PA 19107 Telephone: 215-238-8070 Beverly Mackereth, Defendant, represented by Jessica S. Davis at Office of Attorney General PFIZER INC: Faces "Graner" Suit in Cal. Over Labeling of Viagra --------------------------------------------------------------- Neil J. Graner v. Pfizer Inc., Case 3:16-cv-04004 (N.D. Cal., July 15, 2016), alleges negligent and wrongful conduct in connection with the design, development, manufacturing, testing, packaging, promoting, marking, distribution, labeling and/or sale of sildenafil citrate tablets sold under the brand name Viagra. Pfizer Inc. offers pharmaceutical, health care, animal health, and confectionery products. The Plaintiff is represented by: Kimberly D. Barone Baden, Esq Ann E. Rice Ervin, Esq. MOTLEY RICE LLP 28 Bridgeside Boulevard Mount Pleasant, SC 29464 Phone: (843) 216-9265 Fax: (843) 216-9450 E-mail: kbarone@motleyrice.com ariceervin@motleyrice.com PINEWOOD HEALTH: "Pippen" Suit Moved from Cir. Ct. to W.D. Ark. --------------------------------------------------------------- Delois Pippen, Special Administratrix of the Estate of Lucille G. Billings, deceased, and on behalf of the wrongful death beneficiaries of Lucille G. Billings; and on Behalf of All other Similarly Situated, the Plaintiff, v. Pinewood Health and Rehabilitation, LLC; Arkansas SNF Operations Acquisition, LLC; Arkansas Nursing Home Acquisition, LLC; CSCV Holdings, LLC; Capital Funding Group, Inc.; SLC Professionals, LLC; SLC Professionals AR7, LLC; SLC Professionals Holdings, LLC; SLC Operations Holdings, LLC; SLC Operations, LLC; SLC Administrative Services of Arkansas, LLC; Senior Living Communities of Arkansas, LLC; Addit, LLC; SLC Operations Master Tenant, LLC; SLC Properties, LLC; 1101 Waterwell Road, LLC; Alan Zuccari; Brian Reynolds; John W. Dwyer; Daniel Baird; Troy Morris, in his capacity as Administrator of Pinewood Health and Rehabilitation, LLC; Emily Greene, in her capacity as Administrator of Pinewood Health and Rehabilitation, LLC; Carol Hoelscher, in her capacity as Administrator of Pinewood Health and Rehabilitation, LLC; Barney L. Pierce, in his capacity as Administrator of Pinewood Health and Rehabilitation, LLC, Case No. CV-16-022-4, was removed from the Ashley County Circuit, to the U.S. District Court for the Western District of Arkansas (El Dorado). The Western District Court Clerk assigned Case No. 1:16-cv-01069-SOH to the proceeding. The assigned Judge is Hon. Susan O. Hickey. Pinewood Health is a licensed care provider with the State of Arkansas. The Plaintiff is represented by: Matthew David Swindle, Esq. REDDICK MOSS PLLC One Information Way, Suite 201 Little Rock, AR 72202 Telephone: (501) 907 7790 Facsimile: (501) 907 7793 E-mail: matthew@reddickmoss.com The Defendant is represented by: Dale W. Brown II, Esq. Andrew King, Esq. Jeff Fletcher, Esq. KUTAK ROCK LLP 234 E. Millsap Road, Suite 200 Fayetteville, AR 72703 Telephone: (479) 973 4200 Facsimile: (479) 973 0007 E-mail: dale.brown@kutakrock.com Andrew.King@KutakRock.com jeff.fletcher@kutakrock.com PLASTER & WALD: Faces "Benson" Lawsuit Seeking OT Pay Under FLSA ---------------------------------------------------------------- Brian Benson, on behalf of himself and all other similarly situated individuals, v. Plaster & Wald Consulting Corp., Case 5:16-cv-00801-R (W.D. Okla., July 14, 2016), seeks to recover overtime compensation under the federal Fair Labor Standards Act. Defendant is an oil and gas services company providing planning, consulting, engineering, and management personnel to the oil and gas industry. The Plaintiff is represented by: Leah Roper, Esq. Mark Hammon, Esq. HAMMONS, GOWENS, HURST & ASSOCIATES 325 Dean A. McGee Ave Oklahoma City, OK 73102 Phone: (405) 235-6100 Fax: (405) 235-6111 E-mail: leah@hammonslaw.com mark@hammonslaw.com - and - Paul J. Lukas, Esq. Alexander M. Baggio, Esq. NICHOLS KASTER, PLLP 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 Phone: (612) 256-3200 E-mail: lukas@nka.com abaggio@nka.com PLOY DEE: Court Wanted Settlement Agreement Revised --------------------------------------------------- In the case, Manuel Montiel Lopez, Plaintiff, v. Ploy Dee, Inc., et al., Defendants, No. 15-cv-647 (AJN), (S.D.NY.), District Judge Alison J. Nathan ordered the parties to submit revised settlement agreement by July 20, 2016 after the court declined to approve the revised settlement proposal submitted by the parties on May 17, 2016. The case alleges violations of the Fair Labor Standards Act (FLSA) and New York Labor Law. The submitted revised settlement proposal provides the following disputed provisions: (1) that plaintiff "will not directly or indirectly encourage, induce, solicit or assist anyone to file a wage and hour action or collective or class action against" defendants and (2) that plaintiff releases defendants from a number of enumerated claims arising from the employment relationship, including on-the-job injuries and discrimination claims. Accordingly, the court found that the parties must either remove the language of the first disputed provision, narrow it, or submit argument and authority why it is fair and reasonable and to assure that plaintiff is settling his FLSA claims in a manner that comports with the requirements of the "Cheeks" case, captioned, Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). A copy of the court's order dated June 29, 2016 is available at http://goo.gl/l96mZnfrom Leagle.com. Ploy Dee Inc., et al., doing business as Wondee Siam V, Defendant, represented by David Seth Halsband -- dhalsband@optonline.net -- Halsband Law Offices. PNC BANK: "Cruz" Sues Over Share Price Drop ------------------------------------------- Dr. Rafael M. Cruz, Dr. Gloria Cruz, Dr. Rafael F. Cruz, v. PNC Bank, National Association and The PNC Financial Services Group, Inc., Defendants, Case No. 3:16-cv-00292 (S.D. Ohio. July 8, 2016), seeks compensatory damages, recovery of the full amount paid for the unregistered securities by the Plaintiffs, incentive payment and such other and further relief resulting from the illegal sale of unregistered securities. PNC allegedly allowed its facilities to be used in the sale of the promissory notes and membership unit certificates involved in a Ponzi-scheme. PNC Financial Services Group, Inc. is a Pennsylvania financial services corporation with its headquarters located at 249 Fifth Avenue, One PNC Plaza, Pittsburgh, PA 15222. PNC Bank, National Association is the principal subsidiary of PNC Financial and offers consumer and corporate services in over 2,500 branches in 19 states and Washington, D.C. Plaintiff is represented by: Toby K. Henderson, Esq. Matthew G. Bruce, Esq. SEBALY SHILLITO + DYER 1900 Kettering Tower 40 North Main Street Dayton, OH 45423 Tel: 937/222-2500 Fax: 937/222-6554 Email: thenderson@ssdlaw.com - and - Gary A. Gotto, Esq. KELLER ROHRBACK, PLC 3101 North Central Avenue, Suite 1400 Phoenix, AZ 85012 Tel: 602/248-0088 Fax: 602/248-2822 Email: ggotto@kellerrohrback.com PREMIER HOME: "Blagodar" Suit to Recover Overtime Pay ----------------------------------------------------- Olena Blagodar, on behalf of herself and all other similarly situated individuals, Plaintiff, v. Premier Home Health Care Services, Inc. and John Does 1-25 Defendants, Case No. 1:16-cv- 03820 (E.D.N.Y., July 8, 2016), seeks to recover overtime pay and redress for Defendants' failure to furnish accurate wage statements as required by the Fair Labor Standards Act and the New York Labor Law. Premier Home Health Care Services, Inc. is a domestic corporation operating in the home healthcare industry in the City of White Plains and State of New York, County of Westchester where Plaintiff was employed by Defendants as a home health aide worker. Plaintiff is represented by: Alan J. Sasson, Esq. LAW OFFICE OF ALAN J. SASSON, P.C. 2687 Coney Island Avenue, 2nd Floor Brooklyn, NY 11235 Tel: (718) 339-0856 QUAKER OATS: "Cooper" Suit Over Labeling Transferred to N.D. Ill. ----------------------------------------------------------------- Plaintiffs and Defendants in DANIELLE S. COOPER, on behalf of herself and all others similarly situated, v. THE QUAKER OATS COMPANY, CASE NO. 3:16-cv-02364 (N.D. Cal.) have stipulated and agreed on July 12, 2016, that the action should be transferred to the United States District Court for the Northern District of Illinois for coordination with two similar actions captioned: (i) "Gibson v. The Quaker Oats Company, No. 1:16-cv-04853 (N.D. Ill.)" and (ii) Wheeler v. The Quaker Oats Company, No. 1:16-cv-05776 (N.D. Ill.), currently proceeding before Judge Charles R. Norgle, Sr. All cases allege that certain "100% Natural Whole Grain" labeling for certain Quaker Oat products is misleading due to the alleged presence of trace amounts of glyphosate. The Plaintiff is represented by: Andrew S. Tulumello, Esq. GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. Washington, DC 11101 Phone: 202.955.8500 Fax: 202.467.0539 E-mail: atulumello@gibsondunn.com QLIK TECHNOLOGIES: Board Faces "Charles" Suit Over Sale to Thoma ---------------------------------------------------------------- BRENT CHARLES, on behalf of himself and all other similarly situated stockholders of Qlik Technologies Inc., v. BRUCE GOLDEN, LARS BJORK, JOHN GAVIN JR., DEBORAH HOPKINS, ALEX OTT, STEFFAN TOMLINSON AND PAUL WAHL, Case No. 12552- (Del. Ch., July 12, 2016), alleges breach of fiduciary duties by the board of directors of Qlik Technologies Inc. when they agreed to sell the Company to Thoma Bravo LLC. Non-party Qlik Technologies Inc. sells software for self-service data visualization, guided analytics applications, embedded analytics and reporting to approximately 35,000 customers worldwide. The Plaintiff is represented by: Peter B. Andrews, Esq. Craig J. Springer, Esq. David Sborz, Esq. ANDREWS & SPRINGER LLC 3801 Kennett Pike Building C, Suite 305 Wilmington, DE 19807 Phone: (302) 504-4957 QLIK TECHNOLOGIES: Jeweltex Sues to Stop Sale to Thoma Bravo ------------------------------------------------------------ JEWELTEX MANUFACTURING INC. RETIREMENT PLAN, NICLAS LUNDGREN, THOMAS LUNDGREN, On Behalf of Themselves and All Others Similarly Situated, v. QLIK TECHNOLOGIES, INC., BRUCE GOLDEN, LARS BJ™RK, JOHN GAVIN, JR., DEBORAH HOPKINS, ALEX OTT, STEFFAN TOMLINSON and PAUL WAHL, Case 2:16-cv-03800-GJP (E.D. Pa., July 13, 2016), alleges violations of the Securities Exchange Act and seeks to enjoin the vote for the acquisition of Qlik Technologies, Inc. by Thoma Bravo, LLC. Qlik Technologies, Inc. is into visual analytics, delivering solutions for self-service data visualization and guided analytics. The Plaintiff is represented by: EVAN J. Smith, Esq. Marc L. Ackerman, Esq. BRODSKY & SMITH, LLC Two Bala Plaza, Suite 602 Bala Cynwyd, PA 19004 Phone: (610) 667-6200 Fax: (610) 667-9029 - and - Richard A. Acocelli, Esq. Michael A. Rogovin, Esq. Kelly C. Keenan, Esq. WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Phone: (212) 682-3025 Fax: (212) 682-3010 - and - Gustavo F. Bruckner, Esq. POMERANTZ LLP 600 Third Avenue, New York, NY 10016 Phone: 212 661 1100 Fax: 917 463 1044 RA MULLIN: "Graley" Suit to Recover Overtime Pay ------------------------------------------------ George Graley v. R.A. Mullin Enterprises, Inc. d/b/a Mullin Bros. Painting & Construction Services, Defendant, Case No. RG16809671 (N.D. Ohio, July 8, 2016), seeks overtime compensation for violation of the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. Mullin Bros is a painting and construction company where Graley was employed as a painter. 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 Phone: 216-696-5000 Facsimile: 216-696-7005 Email: anthony@lazzarolawfirm.com chastity@lazzarolawfirm.com lori@lazzarolawfirm.com ROSA MEXICANO: "Suarez" Suit to Recover Overtime Pay ---------------------------------------------------- Edwin Suarez, Carlos Rivas, Ester Jiron, And Driss Sene, individually and on behalf of all others similarly situated, Plaintiffs, v. Rosa Mexicano Brands Inc., West 62 Operating LLC, Rosa Mexicano Usq LLC, Fenix Rest. Inc., Rosa Mexicano Murray LLC, Rosa Mexicano Boston, LLC, Rosa Mexicano Riverside LLC, Rosa Mexicano Dc LLC, Rosa Mexicano Chevy Chase Maryland LLC, Rosa Mexicano National Harbor LLC, Rosa Mexicano Atlanta LLC, Rosa Mexicano Miami LLC, And Rosa Mexicano South Beach LLC, Defendant, Case No. 1:16-cv-05464 (S.D.N.Y., July 8, 2016), seeks to recover minimum wages, overtime pay, call-in pay and other wages under the Fair Labor Standards Act of 1938 and New York Labor Laws. Rosa Mexicano Brands, Inc. owns and operates the Rosa Mexicano chain throughout the United States and abroad. Suarez, Rivas and Juron were employed by Defendants as bussers, servers and food runners at the Lincoln Center Rosa Mexicano. The Plaintiff is represented by: Joseph A. Fitapelli, Esq. Brian S. Schaffer, Esq. Armando A. Ortiz, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 SACRAMENTO, CA: Faces "Mal Pratap" Suit in Cal. Super. Ct. ---------------------------------------------------------- A lawsuit has been filed against County of Sacramento. The case is captioned Mal Pratap, the Plaintiff, v. County of Sacramento, the Defendant, Case No. 34-2016-00197387-CU-CR-GDS (Cal. Super. Ct., July 18, 2016). Sacramento County is a county in the U.S. state of California. As of the 2010 census, the population was 1,418,788. SAFEWAY INC: Calif. Court Okays Removal of "Prewitt" Suit --------------------------------------------------------- In the case, REBEKAH PREWITT, et al., Plaintiffs, v. SAFEWAY INC., Defendant, Case No. 16-cv-02753-MMC (N.D. Calif.), District Judge Maxine M. Chesney found that the Defendant had met its burden to show that the removal of the action was proper under the Class Action Fairness Act (CAFA). Defendant has submitted sufficient evidence to support (1) a finding that the amount in controversy exceeds the statutory threshold of $5,000,000, and (2) an inference that at least one, and most likely considerably more than one, member of plaintiffs' proposed class was, at the time of removal, a citizen of a state other than California, the state of which Safeway is a citizen. Plaintiff has not submitted evidence to counter and depose Defendant's declarant. Following the decision, the Court ordered the following: (1) denying Plaintiffs' Motion to Remand; (2) denying Defendant's Motion to Stay; (3) denying Defendant's Motion to Enlarge Time; and (4) denying Plaintiffs' Motion for Leave to File Response to Sur-reply and Take Deposition of Michael Redgrave. A copy of the Court's order dated July 11, 2016, is available at http://goo.gl/Hta4QNfrom Leagle.com. Safeway Inc., Defendant, represented by Layne Hamilton Melzer -- LMelzer@rutan.com -- Rutan & Tucker, LLP, Trenton Herbert Norris -- trent.norris@aporter.com -- Arnold & Porter LLP, Ginamarie C. Caya -- ginamarie.caya@aporter.com -- Arnold and Porter LLP, Joshua Aaron Glikin -- glikin@bowie-jensen.com -- Bowie and Jensen, LLC & Proud Usahacharoenporn -- pusaha@rutan.com -- Rutan and Tucker LLP. SEECO INC: Class Counsels Triumph Over Class Representative ----------------------------------------------------------- District Judge Kristine G. Baker of the Eastern District of Arkansas, Eastern Division, granted the defendants' motion to dismiss the case STEPHANIE DEVAZIER, as class representative in Sara Stewmon vs. SEECO, Inc., Desoto Gathering Company, LLC and Southwestern Midstream, Plaintiff, v. BEN H. CARUTH, et al., Defendants, Case No. 2:16-cv-00067-KGB (E.D. Ark.) Plaintiff Stephanie Devazier is the appointed class representative of a state class action entitled SEECO, Inc. v. Stewmon, CV-15- 198, that is pending before the Arkansas Supreme Court. Defendants are counsel for both the plaintiff (Smith Class Counsel) and defendants (Smith Defense Counsel) in Smith v. SEECO, Inc., et al., 4:14-cv-435, a federal class action that is currently pending before the Honorable Brian S. Miller of the United States District Court for the Eastern District of Arkansas. On April 11, 2016, Judge Miller entered an order granting Smith class counsel's second motion for class certification and directed Smith class counsel to submit a proposed class notice plan within 30 days. Ms. Devazier seeks to enjoin Smith class counsel and Smith defense counsel from communicating directly with any members of the class she purportedly represents, including through court-approved class notice, which is required under Rule 23 of the Federal Rules of Civil Procedure. Ms. Devazier also requested that the court order that any communication involving any of the Stewmon class be sent only to their duly appointed class counsel, E. Dion Wilson, B. Michael Easley and Timothy R. Holton, or in the alternative, with the express consent of their appointed counsel. Before the Court are Ms. Devazier's emergency motion for preliminary injunction, Smith class counsel's motion to dismiss, Smith defense counsel's motion to dismiss for lack of standing and failure to state a claim, Smith defense counsel's renewed motion to dismiss for lack of standing and failure to state a claim, and Smith class counsel's renewed motion to dismiss. Judge Baker granted Smith defense counsel's renewed motion to dismiss for lack of standing and failure to state a claim and Smith class counsel's renewed motion to dismiss for lack of standing and failure to state a claim. A copy of Judge Baker's amended opinion and order dated July 15, 2016, is available at http://goo.gl/AolkkRfrom Leagle.com. Stephanie Devazier, Plaintiff, represented by: B. Michael Easley, Esq. Austin H. Easley, Esq. Easley & Houseal, PLLC 510 E. Cross Street Forrest City, AR 72335 Telephone: 870-330-0015 - and - Elliott Dion Wilson, Esq. Wilson Law Firm 423 Rightor Street Helena, AR 72342 Telephone: 870-338-6487 Facsimile: 870-338-8030 - and - Timothy R. Holton, Esq. Deal Cooper Holton PLLC 296 Washington Ave. Memphis, TN 38103 Telephone: 901-523-2222 Andrew King, Defendant, Pro se Andrew King, Defendant, represented by Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III -- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Matthew K. Hansen -- mkhansen@lockelord.com -- Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP; R. Paul Yetter -- pyetter@yettercoleman.com -- Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C. Frederick Hart Davis, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- at Kutak Rock LLP Frederick Hart Davis, Defendant, Pro se; Jess L. Askew, III -- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Matthew K. Hansen -- mkhansen@lockelord.com -- Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP; R. Paul Yetter -- pyetter@yettercoleman.com -- Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C. Jess L Askew, III, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- at Kutak Rock LLP Jess L Askew, III, Defendant, Pro se; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Matthew K. Hansen -- mkhansen@lockelord.com -- Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP; R. Paul Yetter -- pyetter@yettercoleman.com -- Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C. Michael Vance Powell, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III-- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Matthew K. Hansen -- mkhansen@lockelord.com -- Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP Michael Vance Powell, Defendant, Pro se; R. Paul Yetter -- pyetter@yettercoleman.com -- Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C. Marc Tabolsky, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III-- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Matthew K. Hansen -- mkhansen@lockelord.com -- Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP; R. Paul Yetter -- pyetter@yettercoleman.com -- Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C. Robert K Ellis, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III-- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Matthew K. Hansen -- mkhansen@lockelord.com -- Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP; R. Paul Yetter -- pyetter@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry - - terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC Robert K Ellis, Defendant, Pro se; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C. Matthew K Hansen, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III-- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC Matthew K Hansen, Defendant, Pro se; Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP; R. Paul Yetter -- pyetter@yettercoleman.com -- Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C. Rex M Terry, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III-- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP; R. Paul Yetter -- pyetter@yettercoleman.com -- at Yetter Coleman LLP Rex M Terry, Defendant, Pro se; Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C R Paul Yetter, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III-- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Marc S. Tabolsky at Schiffer Odom Hicks & Johnson PLLC; Matthew K. Hansen -- mkhansen@lockelord.com -- Michael Vance Powell -- mpowell@lockelord.com -- at Locke Lord LLP R Paul Yetter, Defendant, Pro se; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry, PLC; Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Thomas A. Daily -- tdaily@dailywoods.com -- at Daily & Woods, L.L.C Thomas A Dailey, Defendant, represented by Andrew King -- Andrew.King@KutakRock.com -- Frederick Hart Davis -- Frederick.Davis@KutakRock.com -- Jess L. Askew, III-- Jess.Askew@KutakRock.com -- at Kutak Rock LLP; Matthew K. Hansen - - mkhansen@lockelord.com -- Michael Vance Powellmpowell@lockelord.com -- at Locke Lord LLP; Paul Yetter -- pyetter@yettercoleman.com -- Robert K. Ellis -- rellis@yettercoleman.com -- at Yetter Coleman LLP; Rex M. Terry -- terry@hardinlaw.com -- at Hardin, Jesson & Terry SEVENTH GENERATION: Parties Agree to Stay "Tsan" Suit ----------------------------------------------------- In the case, MAGGIE TSAN and ERICA WILDSTEIN, on behalf of themselves and all others similarly situated, Plaintiffs, v. SEVENTH GENERATION, INC., Defendant, Case No. 3:15-CV-00205-JST (N.D. Cal.), District Judge Jon S. Tigar approved a stipulation providing for the temporary stay of the case management schedule and the filing on or before September 30, 2016, of a notice of voluntarily dismissal, or alternatively, a joint status report on the status of the administration of the parties' settlement. On July 1, 2016, the Parties filed a Settlement Agreement and Memorandum of Law in Support of Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement, Preliminary Certification of Settlement Class, And Approval of Notice Plan in the Southern District of New York, 7:14-CV-09087-KMK, where a similar action is pending. A copy of the Court-approved Stipulation dated July 6, 2016, is available at http://goo.gl/vHgyZCfrom Leagle.com. Seventh Generation, Inc., Defendant, represented by Daniel J. Herling -- djherling@mintz.com -- Mintz Levin Cohn Ferris Glovsky & Popeo P.C., Michelle Gillette -- mgillette@crowell.com -- Crowell & Moring LLP, Joshua Thomas Foust -- jtfoust@mintz.com -- Mintz Levin Cohn Ferris Glovsky & Popeo PC & Mina Nasseri -- mnasseriasghar@crowell.com -- Crowell & Moring LLP. SHARP ELECTRONICS: 3rd Cir. Appeal Filed in "Popejoy" Class Suit ---------------------------------------------------------------- Plaintiffs Jason Popejoy, Joe Sawyer and Daniel Sullivan filed an appeal from a court ruling in their lawsuit entitled Jason Popejoy, et al. v. Sharp Electronics Corp., Case No. 2-14-cv- 06426, in the United States District Court for the District of New Jersey. The appellate case is captioned as Jason Popejoy, et al. v. Sharp Electronics Corp., Case No. 16-3114, in the United States Court of Appeals for the Third Circuit. District Judge William J. Martini of the District of New Jersey granted defendant's motion to dismiss in the case JASON POPEJOY, JOE SAWYER, and DANIEL SULLIVAN, individually and on behalf of all others similarly situated, Plaintiffs, v. SHARP ELECTRONICS CORPORATION, Defendant, Civ. No. 2:14-06426 (WJM) (D.N.J.) In October 2014, plaintiffs Jason Popejoy, Joe Sawyer, and Daniel Sullivan filed a putative class action against Sharp Electronics Corporation and alleged that Sharp engaged in a massive consumer fraud by falsely marketing, advertising, and deceptively labeling certain of its televisions as LED TVs, LED HDTVs, or LED televisions. Each named plaintiff alleged that they relied upon Sharp's marketing assertions on the cartons containing the televisions that each was an actual LED TV in selecting the model. The court dismissed plaintiffs' complaint without prejudice, finding that a reasonable consumer could not be deceived by Sharp's marketing assertions on the carton containing the television because the cartons stated that the product was both an LED TV and a Liquid Crystal Television. In their first amended complaint, plaintiffs eschew reliance on the representations made on the box cartons and focus instead on Sharp's marketing materials. They alleged that each named plaintiff selected Sharp's LED TV model because of marketing assertions made directly or facilitated and encouraged by Sharp, on the internet and/or at the point of sale, that the television was an LED TV. On information and belief, the point of sale materials, plaintiff viewed at the time of purchase were prepared based on false and misleading information provided to the reseller by Sharp, which Sharp intended the reseller to rely upon in preparing point of sale marketing materials and which Sharp intended the customer to rely upon in making the purchase decision. Sharp filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) or, alternatively, to strike the nationwide class allegations from, the first amended complaint. Judge Martini granted defendant's motion to dismiss and dismissed the complaint and denied its motion to strike as moot. A copy of Judge Martini's opinion dated June 9, 2016, is available at http://goo.gl/5OALzmfrom Leagle.com. Plaintiffs, represented by SCOTT A. GEORGE -- sgeorge@seegerweiss.com -- at SEEGER WEISS, LLP SHARP ELECTRONICS CORPORATION, Defendant, represented by KEVIN HARRY MARINO -- kmarino@khmarino.com -- JOHN D. TORTORELLA -- jtortorella@khmarino.com -- at MARINO TORTORELLA & BOYLE, PC SINGING RIVER: Claims in "Montgomery" Suit Narrowed --------------------------------------------------- The case, DOLLY ANN MONTGOMERY, individually and on behalf of all others similarly situated, Plaintiff, v. SINGING RIVER HEALTH SYSTEM FOUNDATION, et al., Defendants, Case No. 1:16CV17-LG-RHW (S. D. Miss.), is dismissed with prejudice, pursuant to the injunction entered in another case, Jones v. Singing River Health System, et al., 1:14cv447-LG-RHW. Chief District Judge Louis Guirola, Jr. penned the decisions in "Jones" and "Montgomery" actions. Both cases allege underfunding of the Singing River Health System Employees' Retirement Plan and Trust. The injunction issued in the "Jones" suit bars all claims, rights and causes of action, damages, losses, liabilities and demands that could have been or might in the future be asserted against Defendants related to the failure to fund the Trust and/or management or administration of the Plan. In effect, the court dismissed all the claims in the "Montgomery" lawsuit which was stayed prior to the determination of the "Jones" lawsuit. Montgomery's claims against KPMG, LLP, and Transamerica Retirement Solutions Corporation are not affected by the injunction and will remain pending. A copy of the court's order dated July 6, 2016 is available at http://goo.gl/HiLyaffrom Leagle.com. SONOMA COUNTY: Settlement Approval Hearing Moved to Oct. 4 ---------------------------------------------------------- In the case, SONOMA COUNTY ASS'N OF RETIRED EMPLOYEES, Plaintiff, v. SONOMA COUNTY, Defendant, No. C 09-4432-CW (N.D. Calif.), District Judge Claudia Wilken granted the parties' Request for Continuance of the Hearing Date for Preliminary Approval of a Class Action Settlement on October 4, 2016 from its initial schedule set for August 2, 2016. Along with the request, the parties also filed before the court, a Joint Case Management Statement and a Report on Settlement Status. A copy of the Court's Order dated July 18, 2016 is available at http://goo.gl/UxUOvJfrom Leagle.com. Sonoma County, Defendant, represented by Raymond Francis Lynch -- rlynch@hansonbridgett.com -- Hanson Bridgett Marcus Vlahos & Rudy LLP, Batya Floryn Forsyth -- bforsyth@hansonbridgett.com -- Attorney at Law, Matthew Joseph Peck, Hanson Bridgett LLP, Robert Blum -- Rblum@hansonbridgett.com -- Hanson Bridgett Marcus Vlahos & Rudy LLP & Stephen B. Peck, Esq., -- speck@hansonbridgett.com -- Hanson Bridgett LLP. STARBUCKS CORP: Bid to Stay "Strumlauf" Suit Granted in Part ------------------------------------------------------------ District Judge Thelton E. Henderson of the Northern District of California granted in part and denied in part defendant's motion to stay in the case SIERA STRUMLAUF, et al., Plaintiffs, v. STARBUCKS CORPORATION, Defendant, Case No. 16-cv-01306-THE (N.D. Cal.) Plaintiffs filed a class action against Starbucks Corporation alleging that Starbucks uniformly underfills its lattes, and misrepresents to its customers the amount of latte that will be in its various sized cups. On May 26, 2016, Starbucks moved the Judicial Panel on Multidistrict Litigation to coordinate or consolidate the case with three others currently pending in federal court, and to transfer the cases to the Western District of Washington. The case had an initial case management conference scheduled for July 11, 2016. Prior to the case management conference, the parties will have participated in the Federal Rule of Civil Procedure 26(f) conference and provided initial disclosures. Defendant moved to stay all proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on whether to consolidate the present action with other actions. Judge Henderson granted in part and denied in part defendant's motion to stay the proceedings. The parties were directed to attend the initial case management conference on July 11, 2016. In addition, the parties may proceed with the following written discovery: requests for admissions, interrogatories, and requests for document production. However, Defendant's motion is granted as to depositions. Neither party may notice any depositions until the Panel has issued a ruling on Defendant's motion to coordinate, unless otherwise ordered by this Court. The Court encourages the parties to cooperate during the pendency of the motion before the Panel to minimize any potential prejudice to either side. A copy of Judge Henderson's order dated July 6, 2016, is available at http://goo.gl/e7r28Lfrom Leagle.com. Plaintiffs, represented by Lawrence Timothy Fisher -- ltfisher@bursor.com -- Scott A. Bursor -- scott@bursor.com -- at Bursor & Fisher, P.A.; Gerald R. Healy -- John Hafemann at Military Justice Attorneys, PLLC Starbucks Corporation, Defendant, represented by Robert James Guite -- rguite@sheppardmullin.com -- Fred R. Puglisi -- fpuglisi@sheppardmullin.com -- Robin Andrea Achen -- rachen@sheppardmullin.com -- Sascha Von Mende Henry -- shenry@sheppardmullin.com -- at Sheppard Mullin Richter & Hampton LLP SUPREME SERVICE: Faces "Blake" Lawsuit Seeking OT Pay Under FLSA ---------------------------------------------------------------- MICHAEL BLAKE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. SUPREME SERVICE & SPECIALTY COMPANY, INC. Case 2:16- cv-12713 (E.D. La., July 13, 2016), seeks to recover overtime wages brought pursuant to the Fair Labor Standards Act. Supreme Service & Specialty Company, Inc. provides construction services. The Company rents and leases heavy construction equipment. The Plaintiff is represented by: Michael T. Tusa Jr, Esq. SUTTON, ALKER & RATHER, LLC 4080 Lonesome Road, Suite A Mandeville, LA 70448 Phone: (985) 727-7501 Fax: (985) 727-7505 E-mail: mtusa@sutton-alker.com - and - Clif Alexander, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Phone: (361) 452-1279 Fax: (361) 452-1284 E-mail: clif@a2xlaw.com TACO BELL: Judge Granted in Part Bid for Fees in Wage & Hour Suit ----------------------------------------------------------------- Magistrate Judge Stanley A. Boone of the Eastern District of California granted in part and denied in part plaintiffs' motion in the case entitled IN RE TACO BELL WAGE AND HOUR ACTIONS, Case No. 1:07-cv-01314-SAB (E.D. Cal.) A jury trial was held on February 22, 2016, on the claims of the Late Meal Period Class, the Underpaid Meal Period Class, and the Rest Period Class, three classes which had been certified. The parties agreed to have the court decide plaintiffs' claims under California's Private Attorney General Act. The jury found that the Late Meal Period Class had proved that Defendant had a standardized or uniform policy that did not provide meal periods that began before the end of the fifth hour an employee worked for the relevant time period. But the Class did not prove that during the relevant time period class members were non-exempt employees who worked for a corporate Taco Bell Corporate restaurant and worked shifts longer than six hours without being provided a meal period that began before the end of the fifth hour of work. Similarly, the jury found that the Rest Period Class had proved that Defendant had a standardized or uniform company-wide policy that did not authorize and permit a second ten minute or a net twenty minute rest period when an employee worked more than six hours and less than seven hours. But the Class did not prove that that during the relevant time period class members were non-exempt employees who worked for a corporate Taco Bell Corporate restaurant and worked shifts longer than six hours but less than seven hours without being authorized and permitted to take a second ten minute or net twenty minute rest period. The jury found that the Underpaid Meal Premium Class had proved that from September 7, 2003 through November 12, 2007, Defendant had a standardized or uniform company-wide policy that underpaid meal premiums for missed or short meal periods and that during this time period the class members were non-exempt employees who worked for a Taco Bell Corporate restaurant and missed or received short meal periods and were paid a meal premium payment of less than one full hour of compensation. The jury awarded damages in the amount of $495,913.66 to the Underpaid Meal Premium Class. Plaintiffs filed a motion for attorneys' fees, litigation expenses and enhancement awards. Plaintiffs seek attorney fees in the amount of $7,323,777.50. Defendants counter that plaintiffs requested hourly rates and stated hours are unreasonable and should also be reduced due to their limited success in this action. Plaintiffs are also seeking to be compensated for 12,876 hours expended in the litigation by Capstone Law, APC, 6,333.5 hours, Initiative Legal Group APC, 4,767.3 hours, Stuart Chandler, APC, 545 hours, Law Offices of Mark Yablonovich, 515.1 hours and 716 hours by Bisnar Chase. Defendants argue that due to the number of law firms involved in the action, the case was overstaffed which resulted in expending an unreasonable number of hours. Plaintiffs also seek a multiplier of 1.5 to enhance their attorney fees. Defendants counter that no multiplier is warranted. Plaintiffs Medlock and Hardiman seek an enhancement award for acting as class representatives in the action. Defendants counter that plaintiffs are not entitled to an enhancement award as their participation in the action was not extraordinary. Magistrate Judge Boone granted in part and denied in part plaintiffs' motion for attorney fees, costs, and enhancement awards. Plaintiffs are awarded attorney fees in the amount of $1,156,821.12. Plaintiffs' motion for costs is denied and plaintiffs Medlock and Hardiman's motion for incentive awards is denied. A copy of Magistrate Judge Boone's order dated July 15, 2016, is available at http://goo.gl/4mNHdzfrom Leagle.com. Sandrika Medlock, Plaintiff, represented by Andrew Joseph Sokolowski -- Andrew.Sokolowski@CapstoneLawyers.com -- Jennifer Renee Bagosy -- Jennifer.Bagosy@CapstoneLawyers.com -- Jonathan Sing Lee -- Jonathan.Lee@CapstoneLawyers.com -- Raul Perez -- Raul.Perez@Capstonelawyers.com -- Rebecca Maria Labat -- Rebecca.Labat@CapstoneLawyers.com -- Robert J. Drexler -- Robert.Drexler@CapstoneLawyers.com -- Matthew Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com -- at Capstone Law APC; Monica Balderrama -- MBalderrama@initiativelegal.com -- at Initiative Legal Group APC; Stuart Rowe Chandler -- stuart@chandlerlaw.com -- at Law Office Of Stuart R. Chandler Lisa Hardiman, Plaintiff, represented by Andrew Joseph Sokolowski -- Andrew.Sokolowski@CapstoneLawyers.com -- Jennifer Renee Bagosy -- Jennifer.Bagosy@CapstoneLawyers.com -- Matthew Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com -- at Capstone Law APC Miriam Leyva, Plaintiff, represented by Andrew Joseph Sokolowski - - Andrew.Sokolowski@CapstoneLawyers.com -- Matthew Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com -- Rebecca Maria Labat -- Rebecca.Labat@CapstoneLawyers.com -- Robert J. Drexler -- Robert.Drexler@CapstoneLawyers.com -- at Capstone Law APC; Timothy Donahue -- tdonahue@attorneydonahue.com -- at Law Offices Of Timothy Donahue Lisa Hardiman, Plaintiff, represented by Andrew Joseph Sokolowski -- Andrew.Sokolowski@CapstoneLawyers.com -- Jonathan Sing Lee -- Jonathan.Lee@CapstoneLawyers.com -- Matthew Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com -- at Capstone Law APC; Monica Balderrama -- MBalderrama@initiativelegal.com -- Marc Primo Pulisci -- MarcPrimo@InitiativeLegal.com -- at Initiative Legal Group LLP Loraine Naranjo, Plaintiff, represented by Andrew Joseph Sokolowski -- Andrew.Sokolowski@CapstoneLawyers.com -- Matthew Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com -- Raul Perez -- Raul.Perez@Capstonelawyers.com -- Rebecca Maria Labat -- Rebecca.Labat@CapstoneLawyers.com -- Robert J. Drexler -- Robert.Drexler@CapstoneLawyers.com -- at Capstone Law APC; Kenneth Yoon at Law Offices Of Kenneth H. Yoon; Peter M. Hart -- hartpeter@msn.com -- at Law Offices of Peter M. Hart; Larry W. Lee -- lwlee@diversitylaw.com -- at Diversity Law Group Endang Widjaja, Plaintiff, represented by Andrew Joseph Sokolowski -- Andrew.Sokolowski@CapstoneLawyers.com -- Matthew Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com -- Raul Perez - - Raul.Perez@Capstonelawyers.com -- Rebecca Maria Labat -- Rebecca.Labat@CapstoneLawyers.com -- Robert J. Drexler -- Robert.Drexler@CapstoneLawyers.com -- at Capstone Law APC; Jerusalem F. Beligan -- jbeligan@bisnarchase.com -- at Bisnar Chase, LLP Christopher Duggan, Hilario Escobar, and Debra Doyle, Plaintiffs, represented by Andrew Joseph Sokolowski -- Andrew.Sokolowski@CapstoneLawyers.com -- Matthew Thomas Theriault -- Matthew.Theriault@CapstoneLawyers.com -- Raul Perez -- Raul.Perez@Capstonelawyers.com -- Rebecca Maria Labat -- Rebecca.Labat@CapstoneLawyers.com -- Robert J. Drexler -- Robert.Drexler@CapstoneLawyers.com -- at Capstone Law APC; Joseph Hoff -- Mark Yablonovich -- mark@yablonovichlaw.com -- Patrick Joseph Clifford -- patrick@yablonovichlaw.com -- at Law Offices Of Mark Yablonovich Defendants, represented by Morgan Patricia Forsey -- mforsey@sheppardmullin.com -- Nora K. Stiles -- nstiles@sheppardmullin.com -- Tracey Adano Kennedy -- tkennedy@sheppardmullin.com -- at Sheppard Mullin Richter and Hampton TARGET CORP: Faces "Knoll" Lawsuit Alleging Violation of ERISA -------------------------------------------------------------- MITCHELL W. KNOLL, on behalf of the Target Corporation 401(k) Plan, himself, and a class consisting of similarly situated participants of the Plan, v. TARGET CORPORATION, PLAN INVESTMENT COMMITTEE, JOHN J. MULLIGAN, JOHN DOES, and RICHARD ROES, CASE 0:16-cv-02400-PJS-TNL (UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA, July 12, 2016), was filed on behalf of the Target Corporation 401(k) Plan, pursuant to the Employee Retirement Income Security Act. Target Corporation is an upscale discount retailer. The Plaintiff is represented by: David E. Krause, Esq. DAVID E. KRAUSE LAW OFFICE 2716 Colfax Avenue South Minneapolis, MN 55408 Phone: (612) 872-8446 E-mail: dkrause@davidkrauselaw.com - and - Michael J. Klein, Esq. STULL, STULL & BRODY 6 East 45th Street New York, NY 10017 Phone: (212) 687-7230 Fax: (212) 490-2022 E-mail: mklein@ssbny.com THERANOS INCORPORATED: Faces "R.C." Suit in D. Ariz. ---------------------------------------------------- A lawsuit has been filed against Theranos Incorporated. The case is captioned R.C., individually and on behalf of all others similarly situated, Plaintiff, v. Theranos Incorporated, a California Corporation, and Walgreens Boots Alliance Incorporated, a Delaware Corporation, the Defendant, Case No. 2:16-cv-02373-SPL (D. Ariz., July 15, 2016). The assigned Judge is Hon. Steven P Logan. Theranos is a consumer healthcare technology company. The Plaintiff is represented by: Gretchen F Cappio, Esq. Lynn Lincoln Sarko, Esq. Mark D Samson, Esq. Ron Kilgard, Esq. T David Copley, Esq. KELLER ROHRBACK LLP 1201 3rd Ave., Ste 3200 Seattle, WA 98101-3276 Telephone: (206) 623 1900 E-mail: lsarko@kellerrohrback.com msamson@kellerrohrback.com rkilgard@krplc.com dcopley@kellerrohrback.com TITAN PETROSERVICES: Faces "Edwards" Suit Over FLSA Violation ------------------------------------------------------------- CHAD EDWARDS, Individually and on behalf of all others similarly situated v. TITAN PETROSERVICES, LLC and ROBERT BOOTH, Case 7:16- cv-00273-RAJ (W.D. Tex., July 13, 2016), seeks to recover compensation, liquidated damages, attorneys' fees, and costs, pursuant to the Fair Labor Standards Act. Titan Petroservices, LLC is based in Midland, Texas and provides oilfield services to drilling and production sites throughout the Permian Basin and the surrounding West Texas region. The Plaintiff is represented by: Clif Alexander, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Phone: (361) 452-1279 Fax: (361) 452-1284 E-mail: clif@a2xlaw.com TURK COLLECTORS: Faces "Murray-Sims" Suit in D.N.J. ---------------------------------------------------a A lawsuit has been filed against Turk Collectors, Inc. The case is styled SHAWN MURRAY-SIMS, Individually and on behalf of all others similarly situated, the Plaintiff, v. TURK COLLECTORS, INC., and JOHN DOES 1-25, the Defendant, Case No. 3:16-cv-04360-FLW-DEA (D.N.J., July 18, 2016). The assigned Judge is Hon. Freda L. Wolfson. Turk Collectors is a professional collection agency specializing in the collection of delinquent accounts. 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 TWINS GROUP: Faces "Combs" Suit Under FLSA, Ohio Wage Act --------------------------------------------------------- AARON COMBS 902 Highridge Ave. Dayton, OH 45420 Plaintiff, for himself, and all others similarly situated, v. THE TWINS GROUP, INC. Serve Statutory Agent: Lacine Hunt 3019 S. Kettering Blvd. Moraine, OH 45439, Case: 3:16-cv-00295-TMR (S.D. Ohio, July 14, 2016), was brought pursuant to the Fair Labor Standards Act and Ohio Minimum Fair Wage Standards Act. Plaintiff worked for Defendant as a Crew Member at Defendant's Taco Bell. The Plaintiff is represented by: Bradley L. Gibson, Esq. GIBSON LAW, LLC 9200 Montgomery, Rd., Suite 11A Cincinnati, OH 45242 Phone: (513) 834-8254 E-mail: brad@gibsonemploymentlaw.com UBER TECHNOLOGIES: Aug. 18 Hearing on Bid to Enforce Subpoenas -------------------------------------------------------------- In the case, NATIONAL LABOR RELATIONS BOARD, Plaintiff, v. UBER TECHNOLOGIES, INC., Defendant, Case No. 16-mc-80057-KAW (N.D. Cal.), Magistrate Judge Kandis A. Westmore continued to Aug. 18, 2016, the hearing on the Plaintiff's application for an order enforcing two administrative subpoenas and the Defendant's motion to stay. The case alleges unfair labor practices against the Defendant. A copy of the court's order dated July 6, 2016 is available at http://goo.gl/y3AAm3from Leagle.com. The court added that Petitioner, as a Board, has a broad investigatory authority which may continue to manage discovery in the cases before it. Both parties are encouraged to continue their meet and confer efforts regarding the scope of the subpoenas to avoid unnecessary motion practice. Uber Technologies, Inc., Defendant, represented by Robert G. Hulteng -- rhulteng@littler.com -- Littler Mendelson, P.C., Elizabeth Parry -- mparry@littler.com -- Littler Mendelson, P.C. & Lauren Elizabeth Meyerholz -- lmeyerholz@littler.com -- Littler Mendelson, PC. UNITED STATES: 9th Cir. Interprets Agreement and Remands Suit ------------------------------------------------------------- Circuit Judge Andrew David Hurwitz of the United States Court of Appeals, Ninth Circuit, affirmed in part, reversed in part, and remanded the appealed case of, JENNY LISETTE FLORES, Plaintiff- Appellee, v. LORETTA E. LYNCH, Attorney General, Attorney General of the United States; JEH JOHNSON, Secretary of Homeland Security; U.S. DEPARTMENT OF HOMELAND SECURITY, and its subordinate entities; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; U.S. CUSTOMS AND BORDER PROTECTION, Defendants-Appellants, No. 15-56434 (9th Cir.). In 1984, the Western Region of the Immigration and Naturalization Service (INS) adopted a policy prohibiting the release of detained minors to anyone other than a parent or lawful guardian, except in unusual and extraordinary cases. The next year, Jenny Lisette Flores filed an action in the Central District of California, challenging the policy and the conditions under which juveniles were detained pursuant to the policy. In 1987, the court approved a consent decree settling the detention condition claims. The agreement required the government to house all juveniles detained more than 72 hours following arrest in a facility that meets or exceeds certain standards, except in unusual and extraordinary circumstances. The district court then granted the Flores class partial summary judgment on the claim that the INS violated the Equal Protection Clause by treating alien minors in deportation proceedings differently from alien minors in exclusion proceedings, the latter of whom were sometimes released to adults other than their parents. In response, the INS adopted a rule allowing juveniles to be released to their parents, adult relatives, or custodians designated by their parents; if no adult relative was available, the rule gave the INS discretion to release a detained relative with the child. In 1997, the parties entered into a settlement agreement which sets out nationwide policy for the detention, release, and treatment of minors in the custody of the INS. The settlement creates a presumption in favor of releasing minors and requires placement of those not released in licensed, non-secure facilities that meet certain standards. In 2014, in response to a surge of Central Americans attempting to enter the United States without documentation, the government opened family detention centers in Texas and New Mexico. The detention and release policies at the centers do not comply with the settlement. The government, however, claims that the settlement only applies to unaccompanied minors and is not violated when minors accompanied by parents or other adult family members are placed in these centers. In 2015, Flores moved to enforce the settlement, arguing that it applied to all minors in the custody of immigration authorities. The district court agreed, granted the motion to enforce, and rejected the government's alternative motion to modify the settlement. The court ordered the government to make prompt and continuous efforts toward family reunification, release class members without unnecessary delay, detain class members in appropriate facilities, release an accompanying parent when releasing a child unless the parent is subject to mandatory detention or poses a safety risk or a significant flight risk, monitor compliance with detention conditions, and provide class counsel with monthly statistical information. The government appealed, challenging the district court's holding that the settlement applied to all minors in immigration custody, its order to release parents, and its denial of the motion to modify. Judge Hurwitz held that the settlement applies unambiguously applies both to accompanied and unaccompanied minors, but does not create affirmative release rights for parents. Judge Hurwitz affirmed the district court in part, reversed in part, and remanded the case to the district court for further proceedings. A copy of Judge Hurwitz's opinion dated July 6, 2016, is available at http://goo.gl/ulO0Gofrom Leagle.com. For Defendants-Appellants, Leon Fresco, Deputy Assistant Attorney General; Sarah B. Fabian, Senior Litigation Counsel; William C. Peachey, Director, District Court Section; Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Civil Division; United States Department of Justice, Office of Immigration Litigation Peter Anthony Schey -- pschey@centerforhumanrights.org -- Carlos R. Holguin at Center for Human Rights and Constitutional Law; T. Wayne Harman -- wharman@orrick.com -- Elena Garcia -- egarcia@orrick.com -- at Orrick, Herrington & Sutcliffe LLP Peter Anthony Schey (argued) and Carlos R. Holguin, Center for Human Rights and Constitutional Law, Los Angeles, California; T. Wayne Harman and Elena Garcia, Orrick, Herrington & Sutcliffe LLP, Los Angeles, California; for Plaintiff-Appellee. URANIUM ENERGY: Judge Granted Bid to Dismiss "Stephens" Suit ------------------------------------------------------------ District Judge Lee H. Rosenthal of the Southern District of Texas, Houston Division, granted defendants' motion to dismiss in the case HEATHER M. STEPHENS, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. URANIUM ENERGY CORP., et al., Defendants, Civil Action No. H-15-1862 (S.D. Tex.). Uranium Energy Corporation is a Vancouver-based uranium exploration-and-production company. It owns the mineral rights to uranium-mining projects in Arizona, Colorado, New Mexico, Texas, Wyoming, and Paraguay. The company also owns and operates a Texas- based uranium mine that extracts and processes uranium oxide for sale to nuclear power plants. Uranium Energy advertised its stock by paying third-party promoters to circulate positive articles, newsletters, and email alerts touting its financial strength and prospects for future growth. Lead plaintiff Heather Stephens filed a putative class action suit alleging that the advertising campaign, and the failure adequately to disclose it in Securities Exchange Act filings, violated the federal securities laws. Heather sued Uranium Energy its cofounder, president, and CEO, Amir Adnani, its CFO, Mark Katsumata, and the third-party promoters, Raven Consulting Corp., LuckyStockPicks.com, Brazil Resources, Inc., Red Rock Media Group, Inc., Action Holdings, Inc., and Stock Gumshoe, Inc. Stephens asserted claims under the Securities Exchange Act of 1934, 15 U.S.C. Sections 78a-78pp, and sought to represent purchasers of Uranium Energy's stock between June 7, 2013 and June 17, 2015. Stephens filed an amended complaint alleging that all of the defendants violated Section 10(b) of the Exchange Act, 15 U.S.C. Section 78j(b), and Rule 10b-5, 17 C.F.R. Section 240.10b-5, and that Uranium Energy, Adnani, and Katsumata violated Section 20(a) of the Exchange Act, 15 U.S.C. Section 78t(a). She alleged that Uranium Energy's SEC disclosures misled investors by failing to disclose that the promotional campaign increased the company's stock-price volatility and that the company had engaged in a scheme and course of business to conceal the extent of its involvement in the promotional campaign, including paying for the promotions, directly or otherwise. The defendants moved to dismiss the amended complaint, arguing that the amended complaint failed to allege materially misleading omissions that the defendants had a duty to make, facts giving rise to a strong inference of scienter and loss causation. They also argued that the amended complaint failed to allege a fraudulent scheme. Uranium Energy, Adnani, and Katsumata argued that they lacked the ability to control the omissions and violations alleged, defeating Section 20(a) liability. Judge Rosenthal granted defendants' motion to dismiss and dismisses the case with prejudice. A copy of Judge Rosenthal's memorandum and opinion dated July 15, 2016, is available at http://goo.gl/Ua8vVlfrom Leagle.com. Heather M. Stephens, Plaintiff, represented by Phillip Kim -- pkim@rosenlegal.com -- Laurence M. Rosen -- lrosen@rosenlegal.com -- at The Rosen Law Firm, P.A.; R. Dean Gresham at GRESHAM PC; Sammy Ford, IV -- sford@azalaw.com -- at Ahmad Zavitsanos Anaipakos Alavi & Mensing PC Robert Cramer, Plaintiff, represented by R. Dean Gresham at GRESHAM PC; Jacob A. Goldberg -- jgoldberg@rosenlegal.com -- Keith Robert Lorenze -- klorenze@rosenlegal.com -- at The Rosen Law Firm, P.A. Chris Jones, Plaintiff, represented by Sammy Ford, IV -- sford@azalaw.com -- at Ahmad Zavitsanos Anaipakos Alavi & Mensing PC; Laurence M. Rosen -- lrosen@rosenlegal.com -- at The Rosen Law Firm, P.A. Mark Besendorfer, Plaintiff, represented by Thomas E. Bilek at The Bilek Law Firm LLP; Adam Marc Apton -- aapton@zlk.com -- at Levi & Korsinsky LLP Lead Plaintiffs, Plaintiff, represented by Thomas E. Bilek at The Bilek Law Firm LLP; Keith Robert Lorenze -- klorenze@rosenlegal.com -- at The Rosen Law Firm, P.A. Defendanst, represented by Gerard G. Pecht -- gerard.pecht@nortonrosefulbright.com -- Peter Andrew Stokes -- peter.stokes@nortonrosefulbright.com -- at Fulbright & Jaworski VIACOM INC: Sunrise Retirement Suit Questions Viacom Leadership --------------------------------------------------------------- City of Sunrise General Employees' Retirement Plan, individually and on behalf of all others similarly situated, Plaintiff, v. Sumner M. Redstone, Shari Redstone, Viacom Inc., National Amusements, Inc., NAI Entertainment Holdings LLC, George S. Abrams, Philippe Dauman, Thomas E. Dooley, Cristiana Falcone Sorrell, Blythe J. Mcgarvie, Deborah Norville, Charles E. Phillips, Jr., Frederic V. Salerno, William Schwartz, Nicole Seligman, Kenneth Lerer, Thomas J. May, Judith Mchale and Ronald Nelson, Defendants, Case No. 12545 (Del. Ch., July 8, 2016), seeks monetary and equitable relief, including declaratory and injunctive relief, reasonable attorneys' fees, accountants and experts' fees, costs and expenses and such other and further relief for breach of fiduciary duty and invalidation of Article III Section 16 of Viacom's Bylaws. Plaintiff is a holder of shares of Class B common stock of Viacom Inc. It questions the continued leadership and integrity of Viacom's majority stockholder, Summer M. Redstone and asserts that Viacom's board of directors manipulate voting privileges to ensure his continued control. National Amusements, Inc. and NAI Entertainment Holdings LLC are the business entities in which Redstone control Viacom. George S. Abrams, Philippe Dauman, Thomas E. Dooley, Cristiana Falcone Sorrell, Blythe J. Mcgarvie, Deborah Norville, Charles E. Phillips, Jr., Frederic V. Salerno, William Schwartz, Nicole Seligman, Kenneth Lerer, Thomas J. May, Judith Mchale and Ronald Nelson are members of the board of directors of Viacom. Plaintiff is represented by: Corinne Elise Amato, Esq. Michael Hanrahan, Esq. Paul A. Fioravanti, Jr., Esq. Elizabeth M. McGeever, Esq. Corinne Elise Amato, Esq. PRICKETT, JONES & ELLIOTT, P.A. 1310 N. King Street Wilmington, DE 19801 Tel: (302) 888-6500 Fax: (302) 658-8111 - and - Eric L. Zagar, Esq. Robin Winchester, Esq. Kristen L. Ross, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Tel: (610) 667-7706 Fax: (267) 948-2512 VIGILANT INSURANCE: No Breach in Obtaining Consent, Judge Says -------------------------------------------------------------- Judge Charles E. Ramos of the Supreme Court of New York County ruled on the parties' motions in the case J.P. MORGAN SECURITIES INC., J.P. MORGAN CLEARING CORP., and THE BEAR STEARNS COMPANIES LLC, Plaintiffs, v. VIGILANT INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, FEDERAL INSURANCE COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A., LIBERTY MUTUAL INSURANCE COMPANY, CERTAIN UNDERWRITERS AT LLOYD'S, LONDON and AMERICAN ALTERNATIVE INSURANCE CORPORATION, Defendants. Docket No. 600979/09 (N.Y.) In November 2004, Bear Stearns Companies LLC notified its Insurers of 13 class action complaints which had been served on Bear Stearns, and that it received a Wells Notice from the SEC. Bear Stearns settled with the SEC on March 16, 2006 for $160 million and ultimately settled the civil actions for $14 million. Bear Stearns seeks a declaration that its insurers are required to indemnify it for claims stemming from Bear Stearns' monetary settlement of Securities and Exchange Commission (SEC) and New York Stock Exchange (NYSE) regulatory proceedings and related private litigation predicated on allegations that Bear Stearns facilitated its customers' deceptive market timing and late trading activities. Bear Stearns moves, pursuant to CPLR 3212, for an order granting partial summary judgment in its favor dismissing the defenses in which defendants contend that Bear Stearns breached the insurance policy conditions requiring it to obtain defendants' consent to settle and Bear Stearns breached its duty to cooperate. In support of its motion, Bear Stearns argues that New York law is clear that where, as here, an insurer denies liability, the insured is free to enter into a reasonable settlement without obtaining the insurer' consent. Bear Stearns argues that the investigation demands made by the SEC, NYSE and other regulatory governmental bodies made plainly constituted a claim, which was broadly defined in the policy to include any investigation into violations of law or regulation initiated by regulators against an insured for any wrongful act. Defendants Vigilant Insurance Company, The Travelers Indemnity Company, Federal Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., Liberty Mutual Insurance Company, Certain Underwriters at Lloyd's, London and American Alternative Insurance Corporation cross-move, pursuant to CPLR 3212, for an order granting summary judgment in their favor, dismissing the complaint. In opposition to Bear Stearns' motion and in support of their cross-motion for summary judgment, the insurers maintain that the settlement that Bear Stearns entered into with the SEC in 2006 is not insurable because Bear Stearns failed to obtain their consent to that settlement, and because it failed to cooperate and provide the insurers with even the most basic information about the defense and settlement of the SEC's charges information that the insurers reasonably requested and needed in order to evaluate the claims, defenses and proposed settlement of the SEC investigation. Judge Ramos granted plaintiff's motion for an order granting partial summary judgment to the extent that the defense in which defendants contend that Bear Stearns breached its duty to cooperate is dismissed, and the defense in which defendants contend that Bear Stearns' settlement terms were unreasonable is denied, in part and further ordered that defendants' cross-motion for an order granting summary judgment in their favor is denied in its entirety. A copy of Judge Ramos's order dated July 7, 2016, is available at http://goo.gl/3rxnbcfrom Leagle.com. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2016. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. * * * End of Transmission * * *