/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/161019.mbx C L A S S A C T I O N R E P O R T E R Wednesday, October 19, 2016, Vol. 18, No. 209 Headlines A-1 PREFERRED SOURCES: "Edison" Suit Seeks Overtime Pay ADDICTIVE BEHAVIORAL: "Kuri" Suit Seeks to Recoup Wages ALL WEB: Faces "Ramos" Suit in Southern District of Florida ALLIED CONSTRUCTION: Faces "Eger" Suit Under FLSA, NJ Wage Laws AMAZON SERVICES: 9th Cir. Sends Sellers' Case to Arbitration ATLANTIC RICHFIELD: Class Certification Sought in "Rolan" Suit AUTOMATIC DATA: ERG Staffing Appeals From Ruling in "Silfee" Suit BANK OF THE WEST: Cal. Branch Lacks Wheelchair Access, Suit Says BERESFORD COMMONS: Seeks Review of Decision in Nationwide Suit BIO ENERGY: "Lee" Suit Alleges Violation of FLSA, NY Labor Laws BLISTEX INC: Faces "Izquierdo" Suit in E.D.N.Y. BROWARD COUNTY, FL: S.D. Fla. Ruling Under Appeal in 11th Cir. BRUMBAUGH & QUANDAHL: Washington Seeks to Certify Four Classes BUJAICO AUTO: Faces "Lara" Suit Under FLSA, Md. Wage & Hour Laws C.H. ROBINSON: Brooks et al. Seek Certification of FLSA Class C. R. ENGLAND: Gradie Seeks Certification of 3 Classes CANNERY CASINO: Wins Final OK of "Yanchak" Class Suit Settlement CASA LINDA: Faces "Villegas" Suit Over Unpaid Wages CARESOUTH HEALTH: "Griswell" Suit to Recover Overtime Pay CARRIER IQ: Miorelli Appeals From Ruling in Consumer Privacy MDL CENTURY GOLF: Metzger Appeals From Ruling in "Izzio" Class Suit CHINATOWN TAKE-OUT: "Li" Lawsuit Alleges FLSA Violation CLARFIELD OKON: Wins Prelim. OK of "Rojas" Class Suit Settlement COLONY CAPITAL: Carter Files Class Suit Over Shady Merger Deal CONCENTRIX CORPORATION: Armstrong Seeks FLSA Class Certification CONVERGENT HEALTHCARE: Class Certification Bid in "Hayes" Granted CORAL SPRINGS: "Amadon" Suit Seeks to Recover Unpaid Overtime Pay FRESENIUS MEDICAL: Appeals Ruling in "Gonzales" Suit to 9th Cir. FREY'S CLEANERS: Villanuevas Sue Under FLSA, New York Labor Law GARDENS OF FOUNTAIN: Faces "Jones" Suit Under FLSA, Wage Laws GC SERVICES: Class Certification Bid in "Ocampo" Suit Continued GERHARD'S INC: Faces "Doremus" Suit Under FLSA, Pa. Wage Act GLASSWERKS LA: "Fajardo" Suit Seeks to Recover Unpaid OT Wages GO WIRELESS: Faces "Sforza" Suit Over Failure to Pay Overtime GRAHAM HOTEL: Faces "Foster" Suit Alleging Violation of ADA HAMTRAMCK, MI: 6th Circuit Appeal Filed in "Serafino" Class Suit HARTFORD CITY, IN: Sex Offenders Class Certified in Valenti Suit HEALTHBRIDGE CHILDREN: "Haug" Suit Seeks to Recover Unpaid OT Pay HOME DEPOT: "Rideman et al." Allege FLSA, Mass. Wage Act Breach ICAHN ENTERPRISES: Skybo Challenges Federal-Mogul Merger Deal ILLINOIS: Judge Open to Approving Class in Inmates' Hep C Suit IRVINE COMPANY: "Jamili" Suit Seeks to Recover Unpaid Wages JC PENNEY: Ellingwood Appeals From Ruling in "Spann" Class Suit JIM FISCHER: "Laughlin" Suit Claims Incorrect Rates for OT Pay KOCH FOODS: Bodega Brew Sues Over "Violation" of Sherman Act KOHL'S DEPARTMENT: Card Seeks Review of Ruling in "Russell" Suit KOLBE & KOLBE: Insurer Seeks 7th Cir. Review of Ruling in "Haley" LAKESHORE EQUIPMENT: Fails to Pay Employees Overtime, Suit Says LEXINGTON-FAYETTE URBAN: Harris Appeals Ruling to Sixth Circuit LG CORP: "Gustafson" Suit Claims Conspiracy to Suppress Wages LIFE PARTNERS: Fifth Circuit Appeal Filed in "Garner" Class Suit LIFEENERGY LLC: Faces "Heffelfinger" Suit in E.D. Pa. LILIPUT INC: Does Not Properly Pay Workers, "Orellana" Suit Says LITTLE INDIA: Seeks 2nd Circuit Appeal in "Torralba" Class Suit MARYLAND: "Robinson" Suit v. DPSCS Claims Violation of FLSA MEGGITT-USA: Faces "Trout" Suit Over Failure to Pay Overtime MICHIGAN: Court Dismisses "Heard" Inmates Suit MODERN METHOD: Certification of FLSA Class Sought in "Espinoza" MONSANTO CO: Underfills Roundup Concentrate, Suit Claims MWH AMERICAS: Fails to Pay Employees Overtime, "Smith" Suit Says NAT'L COLLEGIATE: Disregards Student-Athletes' Health, Mason Says NATIONAL COLLEGIATE: "Mason" Sues Over Student-Athletes' Injuries NATIONAL COLLEGIATE: "Shaffer" Seeks Redress for Student-Athletes NATIONAL BEVERAGE: Faces "Dermody" Securities Class Action NATIONAL INTERSTATE: Sued Over Proposed Sale to Great American NATIONSTAR MORTGAGE: Faces "Hodge" Suit Alleging Inflated Charges NATURE COAST: Class Certification in "Torres" Suit Partly Granted NAVIOS MARITIME: "Roberts" Suit Alleges Coercive Share Exchange NEW YORK: Court Certified Class with Modification in "Pfeffer" PAYPAL: Makes Deductions from Costumer Accounts, Suit Says PELLA CORPORATION: Faces "Gowins" Suit in N.D. Ala. POWER SOLUTIONS: Faces "Stout" Suit Over Misleading Fin'l. Report PRIME HEALTHCARE: Dismissal of "Moran" Suit Reversed PROGRESSIVE DIRECT: Hallihan Appeals S.D. Ill. Ruling to 7th Cir. PURE STORAGE: Faces "Delahooke" Lawsuit Over IPO Statements RAPTOR PHARMACEUTICAL: Lavrenov Challenges Horizon Pharma Merger RAPTOR PHARMACEUTICAL: Faces "Jordan" Suit Over Horizon Merger RCP AMERICA: Faces "Allen" Suit in Middle District of Florida RENO'S INC: Downard Seeks to Certify Class of Servers, Bartenders RJ REYNOLDS: Dismissal of Employment Applicant's Suit Upheld SABSON LLC: Faces "Guzman" Lawsuit Under FLSA, NY Labor Laws SAMSUNG ELECTRONICS: "Stine" Alleges Fraud for 2014-2016 TVs SAN FRANCISCO, CA: Suit Over Cash Bail System May Proceed SANTA MONICA, CA: Judge Mulls Stay of Suit Over Home Sharing Laws SCOTTRADE INC: Eighth Circuit Appeal Filed in "Lewis" Class Suit SENEX LAW: Faces "Crawford" Suit in Western District of Virginia SHERIDAN PRODUCTION: Whisenant Appeals From W.D. Oklahoma Ruling SIMPLEXGRINNELL LP: Doesn't Properly Pay Employees, Suit Claims SJG FOODS: "Martinez et al." Claim FLSA, NY Labor Law Violation SNJ MANAGEMENT: Faces "Chenault" Suit Alleging Violation of FLSA SOLARCITY CORP: "Nuckols" Suit Alleges Securities Act Violation SOUTHERN INDUSTRIAL: "Rule" Suit Seeks to Recover Unpaid Wages STATE FARM: Files Another 8th Cir. Appeal in "Stuart" Suit SYNNEX CORP: Faces "Dean" Class Suit Over Background Checks TEAMSTERS LOCAL: Seeks 3rd Cir. Review of Ruling in "Marino" Suit TOKAI PHARMA: Garbowski Sues Over Share Price Drop TRI-STATE WATER: Home Depot Appeals Ruling in "Bauer" Class Suit UBS FINANCIAL: Giancarlo Appeals S.D. Tex. Ruling to 5th Circuit UNITED REFINING: Cottillion Appeals W.D. Pa. Ruling to 3rd Cir. UNITED STATES: 3rd Cir. Vacates Dismissal of "Schuchardt" Suit USA TECHNOLOGIES: Fain Files Another Appeal From E.D. Pa. Ruling VALLEY NATIONAL: Faces "Faraone" Suit in New Jersey VIVA ENERGY: "Hernandez" Suit Alleges FLSA, Pay Act Violations VIVINT INC: Noori Appeals Case Dismissal to 9th Cir. WAL-MART STORES: Seeks W.D. Ark. Review of Ruling in Pontiac Suit WELLS FARGO: Faces "Allen" Lawsuit Alleging Violation of ERISA WELLS FARGO: $3.9MM "Hartley" Suit Settlement Gets Initial OK WHIRLPOOL CORP: Sweeney Appeals Ruling in "Chambers" Class Suit YAHOO! INC: Faces "Corso" Class Suit in Calif. Over Data Breach YAHOO! INC: Sweeney Seeks Review of Ruling in "Baker" Class Suit YES FOOD: "Sanchez" Food Seeks to Recoup Pay Under Wage Theft Act ********* A-1 PREFERRED SOURCES: "Edison" Suit Seeks Overtime Pay ------------------------------------------------------- Barbara Edison, individually and on behalf of all others similarly situated, Plaintiff, v. A-1 Preferred Sources, Inc., A-1 Nursing Care, Inc., A-1 Healthcare Group, Naresh Patel and Saroj Patel, Defendants, Case No. 2:16-cv-00939, (E.D. Ohio, September 29, 2016), seeks unpaid back wages due, liquidated damages, attorneys' fees, prejudgment and post-judgment interest, equitable and injunctive relief, appropriate statutory penalties and restitution under the Fair Labor Standards Act and the Ohio Prompt Pay Act. Defendants, collectively, are a health care provider owned by Naresh Patel and Saroj Patel where Edison worked for the Defendants as an hourly home healthcare worker who provided companionship services. She claims to have been denied overtime pay. Plaintiff is represented by: Andrew Kimble, Esq. KIMBLE LAW, LLC 1675 Old Henderson Road Columbus, Ohio 43220 Telephone: (614) 983-0361 Facsimile: (614) 448-9408 Email: andrew@kimblelawoffice.com - and - Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY, L.L.C. 8712 Jefferson Highway, Suite B Baton Rouge, Louisiana 70809 Telephone: (225) 925-5297 Facsimile: (225) 231-7000 Email: phil@bohrerbrady.com scott@bohrerbrady.com ADDICTIVE BEHAVIORAL: "Kuri" Suit Seeks to Recoup Wages ------------------------------------------------------- Crystal Kuri, On Behalf of Herself and All Others Similarly Situated, Plaintiffs, v. Addictive Behavioral Health Change Group, L.L.C, Defendant, Case 2:16-cv-02685 (D. Kan., October 5, 2016), seeks to recover alleged unpaid wages, and related penalties and damages under the Fair Labor Standards Act. Addictive Behavioral Health Change Group, L.L.C. -- http://abchealthgroup.com/-- specializes in treating individuals addicted to opiates (prescription pain medications) or heroin by combining counseling with medications. The Plaintiff is represented by: Phillip M. Murphy II, Esq. LAW OFFICE OF PHILLIP M. MURPHY, II 6731 W. 121st St Overland Park, KS 66209 Phone: 913-661-2900 Fax: 913-904-1348 E-mail: Phillip@phillipmurphylaw.com ALL WEB: Faces "Ramos" Suit in Southern District of Florida ----------------------------------------------------------- A class action lawsuit has been filed against All Web Leads, Inc. The case is captioned Ron Ramos, individually and on behalf of all others similarly situated, the Plaintiff, v. All Web Leads, Inc., doing business as: Bankrateinsurance.com, and Does 1-10, inclusive, and each of them, the Defendant, Case No. 3:16-cv- 02490-JAH-JLB (S.D. Fla., Oct. 5, 2016). The case is assigned to Hon. Judge John A. Houston. All Web, a customer acquisition marketing company, develops online platform that finds, engages, and converts consumers into paying customers. The Plaintiff is represented by: Todd M. Friedman, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard Street, Suite 780 Woodland Hills, CA 91367 Telephone: (877) 206 4741 Facsimile: (866) 633 0228 E-mail: tfriedman@AttorneysForConsumers.com ALLIED CONSTRUCTION: Faces "Eger" Suit Under FLSA, NJ Wage Laws --------------------------------------------------------------- MICHAEL EGER, on behalf of himself and those similarly situated, 3606 Bay Shore Avenue, Apartment A Brigantine, NJ 08203 Plaintiffs, v. ALLIED CONSTRUCTION, LLC, 100 Dobbs Ln Suite 102 Cherry Hill, NJ 08034 and VERISTAR ENERGY SYSTEMS, CORPORATION 100 Dobbs Ln Suite 102, Cherry Hill, NJ 08034 and ALFRED SCIUBBA 3 Chadwick Dr., Voorhees, NJ 08043 and HAL PATTALINO, c/o ALLIED CONSTRUCTION, LLC, 100 Dobbs Ln Suite 102, Cherry Hill, NJ 08034 and JOHN DOES 1-10, Defendants, Case 1:16-cv-06535 (D.N.J., October 5, 2016), alleges that Defendants failed to pay for overtime work in violation of the Fair Labor Standards Act, the New Jersey Wage Payment Law, and the New Jersey Wage and Hour Law. Allied Construction, LLC does projects involving both residential and commercial buildings. The Plaintiff is represented by: Travis Martindale-Jarvis, Esq. Joshua S. Boyette, Esq. Richard S. Swartz, Esq. SWARTZ SWIDLER, LLC 1101 Kings Hwy N, Ste. 402 Cherry Hill, NJ 08034 Phone: (856) 685-7420 Fax: (856) 685-7417 AMAZON SERVICES: 9th Cir. Sends Sellers' Case to Arbitration ------------------------------------------------------------ Ryan Borchers, writing for Courthouse News Service, reported that two former Amazon sellers for Amazon who claim the online retailer failed to pay them in a timely manner will have to arbitrate their class action. The reason? Quite simply, the Ninth Circuit said on October 13, that is what they agreed to. Jo Ellen Peters and Ken Lane filed their complaint in the District of Western Washington on behalf of themselves and other online sellers. They said that Amazon canceled their accounts suddenly and then failed to transmit the profits from sales for over 90 says, even though the contract they signed promised payment within 14 days. Peters and Lane said this is a routine occurrence and, in addition to violating the contract, contravenes Washington state law, which requires payment within 10 business days. For its part, Amazon says it withheld the funds in case of refund requests. It says it canceled the accounts because Peters sold counterfeit goods and Lane sent emails with abusive language to Amazon employees and tried to engage in price-fixing. However, in spite of all that, a federal judge ruled that Peters and Lane agreed to arbitrate their claims. On appeal, a Ninth circuit panel affirmed this ruling unanimously. "Lane and Peters agreed to Amazon's business solutions agreement, which contains an unambiguous agreement to arbitrate '[a]ny dispute or claim relating in any way' to the agreement or use of Amazon's services," the panel's unpublished per curiam opinion read. The business solutions agreement trumps all other agreements, including the marketplace participation agreement that Lane and Peters also signed. They argue that agreement, which mandates litigation, is an Amazon program policy. However, the panel found it is actually a seller agreement, not a program policy, and falls under the business service agreement. It also did not help Lane that he became a seller before the business service agreement came into being. He signed it later -- four different times, in fact, because he kept reopening his account under aliases -- and it supersedes all previous agreements, the panel held. Britton Monts from The Monts Firm in Austin, Texas, represented Peters and Lane. James Grant from Davis Wright Tremaine in Seattle represented Amazon. Neither the attorneys involved nor Amazon responded to requests for comment. The case is captioned, JO ELLEN PETERS and KEN KANE, on behalf of themselves and all others similarly situated, Plaintiffs- Appellants, v. AMAZON SERVICES, LLC, Defendant-Appellee, No. 14- 35294 (9th Cir.) ATLANTIC RICHFIELD: Class Certification Sought in "Rolan" Suit -------------------------------------------------------------- The Plaintiffs in the lawsuit captioned LERITHEA ROLAN, and LAMOTTCA BROOKS, Individually, and on behalf of all others similarly situated v. ATLANTIC RICHFIELD COMPANY, E.I. DU PONT DE NEMOURS AND COMPANY, and THE CHEMOURS COMPANY, Case No. 1:16-cv- 00357-JVB-SLC (N.D. Ind.), seek certification of this class: All persons who currently, or, since being told in July 2016 by EPA of the lead and arsenic levels in their neighborhood, reside(d), on property that has been impacted, or a threat exists that it will be impacted, by lead and arsenic from Defendants' properties in and adjacent to the Class Area. The Class Area is defined generally as bordered: (1) on the north by the northern boundary of the Carrie Gosch Elementary School and a line extending eastward from that boundary to the eastern edge of a north/south utility right of way that runs parallel to McCook Avenue north of East 149th Place; (2) on the east by: (i) the eastern-most edge of a north/south utility right of way that runs parallel to McCook Avenue until East 149th Place, and (ii) McCook Avenue between East 149th Place and 151st Street; (3) on the south by East 151st Street; and (4) on the west by the Indiana Harbor Canal. In their complaint, the Plaintiffs seek, among other things, an order requiring the Defendants to reimburse the Plaintiffs for the costs they have incurred and will incur in response to the contamination, and to recover compensatory and other damages for their injuries. The Class Action Complaint alleges claims for cost recovery pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund. The Plaintiffs also ask the Court to appoint them as Class Representatives and appoint Thomas A. Zimmerman, Jr., Esq., and James D. Brusslan, Esq., as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ZZjeky8s The Plaintiffs are represented by: James D. Brusslan, Esq. Jason B. Hirsh, Esq. LEVENFELD PEARLSTEIN, LLC 2 N. LaSalle Street, Suite 1300 Chicago, IL 60602 Telephone: (312) 476-7570 Facsimile: (312) 346-8434 E-mail: jbrusslan@lplegal.com jhirsh@lplegal.com - and - Thomas A. Zimmerman, Jr., Esq. Sharon A. Harris, Esq. ZIMMERMAN LAW OFFICES, P.C. 77 W. Washington Street, Suite 1220 Chicago, IL 60602 Telephone: (312) 440-0020 Facsimile: (312) 440-4180 E-mail: tom@attorneyzim.com sharon@attorneyzim.com AUTOMATIC DATA: ERG Staffing Appeals From Ruling in "Silfee" Suit ----------------------------------------------------------------- Defendant ERG Staffing Service LLP filed an appeal from a court ruling in the lawsuit titled Joshua Silfee v. Automatic Data Processing Inc, et al., Case No. 3-15-cv-00023, in the United States District Court for the Middle District of Pennsylvania. As previously reported in the Class Action Reporter, the Lawsuit is brought over alleged unauthorized deduction from wages, in violation of the Pennsylvania Wage Payment and Collection Law. The appellate case is captioned as Joshua Silfee v. Automatic Data Processing Inc, et al., Case No. 16-3725, in the United States Court of Appeals for the Third Circuit. Plaintiff-Appellee JOSHUA SILFEE, Individually and on behalf of all others similarly situated, is represented by: Gary F. Lynch, Esq. CARLSON LYNCH SWEET & KILPELA 36 North Jefferson Street P.O. Box 7635 New Castle, PA 16107 Telephone: (724) 656-1555 E-mail: glynch@carlsonlynch.com Defendant-Appellee AUTOMATIC DATA PROCESSING INC. is represented by: Patrick R. Casey, Esq. John G. Dean, Esq. ELLIOTT GREENLEAF & DEAN 201 Penn Avenue, Suite 202 Scranton, PA 18503 Telephone: (570) 346-7569 E-mail: prc@elliottgreenleaf.com jgd@elliottgreenleaf.com - and - James S. Urban, Esq. JONES DAY 500 Grant Street Pittsburgh, PA 15219 Telephone: (412) 394-7906 E-mail: jsurban@jonesday.com Defendant-Appellant ERG STAFFING SERVICE LLP is represented by: Michael P. Daly, Esq. Jennifer B. Dempsey, Esq. DRINKER BIDDLE & REATH LLP 18th & Cherry Streets One Logan Square, Suite 2000 Philadelphia, PA 19103 Telephone: (215) 988-2700 E-mail: michael.daly@dbr.com jennifer.dempsey dbr.com - and - Mary W. Dempsey, Esq. UFBERG & ASSOCIATES 310 Penn Avenue Scranton, PA 18503 Telephone: (570) 341-8800 E-mail: mwdempsey@ufberglaw.com BANK OF THE WEST: Cal. Branch Lacks Wheelchair Access, Suit Says ---------------------------------------------------------------- Armando Solis, Plaintiff, v. Bank of the West, N.A., BNP Paribas, 1401 Broadway LLC and Does 1-10, inclusive, Defendants, Case No. 4:16-cv-05554 (N.D. Cal., September 29, 2016), seeks preliminary and permanent injunctive relief and damages resulting from denial of civil rights and access to public facilities to physically disabled persons, per federal and California Statutes and Health & Safety Code as well as injunctive Relief under the Americans With Disabilities Act Of 1990. A Bank of the West branch located at 2507 Somersville Road, Antioch, California, is alleged by Solis to have no facilities for wheelchair access. Solis is a qualified physically disabled person who is mobility impaired due to a lower limb amputation and requires use of a prosthetic leg and a walker or wheelchair for locomotion. Plaintiff and other similarly situated physically disabled persons are unable to use public facilities on a "full and equal" basis unless each such facility is in compliance with the provisions of California Health and Safety Code. Plaintiff is represented by: Paul L. Rein, Esq. Celia McGuinness, Esq. LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Telephone: (510) 832-5001 Facsimile: (510) 832-4787 Email: reinlawoffice@aol.com - and - Steven L. Derby, Esq. THE DERBY LAW FIRM, P.C. 1255 Treat Blvd., Suite 300 Walnut Creek, CA 94597 Telephone: (925) 472-6640 Facsimile: (925) 933-3964 Email: SDerby@reinlawoffice.com BERESFORD COMMONS: Seeks Review of Decision in Nationwide Suit -------------------------------------------------------------- Defendants Beresford Commons Homeowners Association Inc., Joseph Costantini and Susan M. Costantini filed an appeal from a court ruling in the lawsuit styled Nationwide Mutual Fire Insurance Company v. Beresford Commons Homeowners Association Inc., Case No. 2:16-cv-00423-PMD, in the United States District Court for the District of South Carolina at Charleston. The Lawsuit arose from insurance-related claims. The appellate case is captioned as Nationwide Mutual Fire Insurance Company v. Beresford Commons Homeowners Association Inc., Case No. 16-2156, in the United States Court of Appeals for the Fourth Circuit. The other Defendants are SUPERIOR SOLUTION LLC, a/k/a Superior Solutions LLC, PENIEL CONSTRUCTION GROUP LLC, a/k/a Penuel Construction LLC, PORTRAIT HOMES SOUTH CAROLINA LLC, PORTRAIT HOMES BERESFORD COMMONS LLC and PASQUINELLI HOMEBUILDING LLC. The briefing schedule in the Appellate Case is set as follows: -- Initial forms are due within 14 days; -- Opening Brief and Appendix are due on November 16, 2016; and -- Response Brief is due on December 19, 2016. Plaintiff-Appellee NATIONWIDE MUTUAL FIRE INSURANCE COMPANY is represented by: John Robert Murphy, Esq. Timothy J. Newton, Esq. MURPHY & GRANTLAND, PA P. O. Box 6648 Columbia, SC 29260-0000 Telephone: (803) 454-1231 Facsimile: (803) 782-4140 E-mail: jrmurphy@murphygrantland.com tnewton@murphygrantland.com Defendants-Appellants BERESFORD COMMONS HOMEOWNERS ASSOCIATION INC., JOSEPH COSTANTINI, On behalf of themselves and others similarly situated, and SUSAN M. COSTANTINI, On behalf of themselves and others similarly situated, are represented by: Amanda Morgan Blundy, Esq. Phillip Ward Segui, Jr., Esq. SEGUI LAW FIRM, PC 864 Lowcountry Boulevard Mt. Pleasant, SC 29465 Telephone: (843) 884-1865 - and - John T. Chakeris, Esq. CHAKERIS LAW FIRM 231 Calhoun Street Charleston, SC 29401 Telephone: (843) 853-5678 E-mail: john@chakerislawfirm.com BIO ENERGY: "Lee" Suit Alleges Violation of FLSA, NY Labor Laws --------------------------------------------------------------- BOBBY LEE and ALOYSIOUS YOUNG, v. ANDRE BERNARD, SCOTT BERNARD, B GREEN GROUP, LLC, and BIO ENERGY DEVELOPMENT, INC. d/b/a BIO ENERGY TRANSPORT, Case No. 1:16-cv-07839 (S.D.N.Y., October 6, 2016), alleges on behalf of themselves and all others similarly situated, violations of the Fair Labor Standards Act due to unpaid overtime and unpaid wages. The suit seeks liquidated damages, and attorneys' fees and costs. Plaintiffs further bring this lawsuit seeking recovery against defendants for defendants' violations of the New York Labor Law, and the supporting New York State Department of Labor regulations. Bio Energy Development Inc. offers used-cooking oil pick-up and grease trap removal services. The Plaintiffs are represented by: Brian L. Greben, Esq. LAW OFFICE OF BRIAN L. GREBEN 316 Great Neck Road Great Neck, NY 11021 Phone: (516) 304-5357 BLISTEX INC: Faces "Izquierdo" Suit in E.D.N.Y. ----------------------------------------------- A class action lawsuit has been filed against Blistex Inc. The case is styled Jose Izquierdo and John Does 1-100, individually and on behalf of all others similarly situated, the Plaintiffs, v. Blistex Inc., the Defendant, Case No. 1:16-cv-05554 (E.D.N.Y., Oct. 5, 2016). Blistex offers a full range of lip care products that meet the needs of diverse lip care users worldwide. The Plaintiffs appear pro se. BROWARD COUNTY, FL: S.D. Fla. Ruling Under Appeal in 11th Cir. -------------------------------------------------------------- C.C. and P.C. filed an appeal from a court ruling in the lawsuit styled C.C. v. School Board of Broward County, et al., Case No. 0:10-cv-60032-KAM, in the U.S. District Court for the Southern District of Florida. The Case is brought over alleged violations of Civil Rights. The appellate case is captioned as C.C. v. School Board of Broward County, et al., Case No. 16-16418, in the United States Court of Appeals for the Eleventh Circuit. According to the briefing schedule in the Appellate Case, the Appellant's CIP is due on or before October 25, 2016, as to Appellant C.C. Plaintiffs-Appellants C.C. and P.C., on behalf of A.C., a minor, and on behalf of all other similarly situated disabled children, are represented by: Neil David Kodsi, Esq. THE LAW OFFICES OF NEIL D. KODSI 2 S University Dr., Suite 315 Plantation, FL 33324 Telephone: (786) 464-0841 Facsimile: (954) 790-6722 E-mail: nkodsi@ndkodsilaw.com - and - Jordan M. Lewis, Esq. JORDAN LEWIS, P.A. 4473 NE 11th Ave. Fort Lauderdale, FL 33334 Telephone: (954) 616-8995 E-mail: jordan@jml-lawfirm.com - and - David J. Pyper, Esq. PYPER LAW OFFICE 2645 Executive Park Dr. Weston, FL 33331 Telephone: (954) 384-2515 E-mail: dpyper@dpyper.com Defendant-Appellee SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, is represented by: Marylin C. Batista-McNamara, Esq. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 600 SE 3rd Ave., 11th Floor Ft. Lauderdale, FL 33301-3125 Telephone: (754) 321-2050 Facsimile: (754) 321-2705 E-mail: mcbatista@yahoo.com - and - Michael Thomas Burke, Esq. Hudson Carter Gill, Esq. JOHNSON ANSELMO MURDOCH BURKE PIPER & HOCHMAN, PA 2455 E Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Telephone: (954) 463-0100 E-mail: burke@jambg.com hgill@jambg.com - and - Mark A. Hendricks, Esq. LYDECKER DIAZ, LLC 1221 Brickell Ave., 19th Floor Miami, FL 33131 Telephone: (305) 416-3180 E-mail: mah@lydeckerdiaz.com - and - Anastasia Protopapadakis, Esq. GRAYROBINSON, P.A. 1221 Brickell Ave., Suite 1600 Miami, FL 33131 Telephone: (305) 913-6786 E-mail: anastasia.protopapadakis@gray-robinson.com Defendant-Appellee JOHN DOE is represented by: Stuart Isaac Grossman, Esq. LEVINE KELLOGG LEHMAN SCHNEIDER GROSSMAN, LLP 201 S Biscayne Blvd., 22nd Floor Miami, FL 33131 Telephone: (305) 403-8788 Facsimile: (305) 403-8789 E-mail: sig@lklsg.com BRUMBAUGH & QUANDAHL: Washington Seeks to Certify Four Classes -------------------------------------------------------------- Tamerra F. Washington asks the Court to enter an order certifying the case styled TAMERRA F. WASHINGTON, on behalf of herself and all others similarly situated v. BRUMBAUGH & QUANDAHL, P.C., LLO, KIRK E. BRUMBAUGH and MARK QUANDAHL, Case No. 8:15-cv-00444-JMG- FG3 (D. Neb.), to proceed as a class action. Ms. Washington brought the purported class action for the Defendants' alleged violations of the Fair Debt Collection Practices Act and the Nebraska Consumer Protection Act. She also asks to be named class representative, and that O. Randolph Bragg, Esq., Pamela A. Car, Esq., and William L. Reinbrecht, Esq., be appointed as class counsel. The classes are defined as: FDCPA Classes: * Class One This action is brought on behalf of a class of similarly situated persons defined as the FDCPA class which includes: (i) Nebraska residents who were sued in a Nebraska County Court by Defendant Brumbaugh & Quandahl (ii) in an attempt to collect an alleged debt incurred for personal, family, or household purposes (iii) to whom Defendant Brumbaugh & Quandahl served the unrepresented county court defendant(s) with Requests for Admissions in actions pending in Nebraska County Courts, indicating that the recipient is to swear to the answers under oath and that the recipients' responses are to be filed with the court (iv) during the one year period prior to the filing of the complaint in this matter. * Class Two This action is brought on behalf of a class of similarly situated persons defined as the FDCPA class which includes: (i) Nebraska residents who were sued in a Nebraska County Court by Defendant Brumbaugh & Quandahl (ii) in an attempt to collect an alleged debt incurred for personal, family, or household purposes (iii) to whom Defendant Brumbaugh & Quandahl served the unrepresented county court defendant(s) with any discovery which failed to inform the recipient of the right to object to any discovery requests (iv) during the one year period prior to the filing of the complaint in this matter. NCPA Classes: * Class One This action is brought on behalf of a class of similarly situated persons defined as the NCPA class which includes: (i) Nebraska residents who were sued in a Nebraska County Court by Defendant Brumbaugh & Quandahl (ii) in an attempt to collect an alleged debt incurred for personal, family, or household purposes (iii) to whom Defendant Brumbaugh & Quandahl served the unrepresented county court defendant(s) with Requests for Admissions in actions pending in Nebraska County Courts, indicating that the recipient is to swear to the answers under oath and that the recipients' responses are to be filed with the court (iv) during the four year period prior to the filing of the complaint in this matter. * Class Two This action is brought on behalf of a class of similarly situated persons defined as the NCPA class which includes: (i) Nebraska residents who were sued in a Nebraska County Court by Defendant Brumbaugh & Quandahl (ii) in an attempt to collect an alleged debt incurred for personal, family, or household purposes (iii) to whom Defendant Brumbaugh & Quandahl served the unrepresented county court defendant(s) with any discovery which failed to inform the recipient of the right to object to any discovery requests (iv) during the four year period prior to the filing of the complaint in this matter. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=SZZjcJQy The Plaintiff is represented by: Pamela A. Car, Esq. William L. Reinbrecht, Esq. CAR & REINBRECHT, P.C., L.L.O. 8720 Frederick Street, Suite 105 Omaha, NE 68124 Telephone: (402) 391-8484 Facsimile: (402) 391-1103 E-mail: pacar@cox.net pacwlr@earthlink.net - and - O. Randolph Bragg, Esq. HORWITZ, HORWITZ & ASSOC. 25 East Washington St., Suite 900 Chicago, IL 60602 Telephone: (312) 372-8822 Facsimile: (312) 372-1673 E-mail: rand@horwitzlaw.com BUJAICO AUTO: Faces "Lara" Suit Under FLSA, Md. Wage & Hour Laws ---------------------------------------------------------------- Oscar Marin Lara, Jose Rube De Paz Quintanilla, Individually and On Behalf of All Other Persons Similarly Situated, Plaintiff, v. Bujaico Auto Care, LLC and Armando A. Bujaico, Defendants, Case 8:16-cv-03349-GJH (D. Md., October 5, 2016), claims that Plaintiffs were required to perform work without proper payment of overtime wages, as required by the Fair Labor Standards Act and the Maryland Wage and Hour Law and the Maryland Wage Payment Collection Law. The Defendants maintained and operated a car washing business at various automobile dealerships in Maryland. The Plaintiffs are represented by: Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H St NE, Suite 302 Washington, DC 20002 Phone: (202) 470-3520 Fax: (202) 800-2730 E-mail: nmigliaccio@classlawdc.com jrathod@classlawdc.com C.H. ROBINSON: Brooks et al. Seek Certification of FLSA Class ------------------------------------------------------------- In the lawsuit captioned DON BROOKS, ALEXANDRIA JOHNSON, & JOHN TROAST, On behalf of themselves and all others similarly situated, the Plaintiffs, v. C.H. ROBINSON INTERNATIONAL, INC., et al., the Defendants, Case No. 4:16-cv-00939-HFS (W.D. Mo.), the Plaintiffs move the Court for an order: a. finding that Plaintiffs have met their burden under 29 U.S.C. section 216(b) with regards to their Fair Labor Standards Act (FLSA) claims brought pursuant to 29 U.S.C. section 201 et seq. and conditionally certifying Plaintiffs' claims as a collective action; b. authorizing Plaintiffs' proposed notice to be mailed to all members of each subclass consisting of: "Account Representatives, Customer Activation Specialists, Truckload Coverage Specialists, and other persons with similar job titles, duties and compensation structures, employed by Freightquote.com, Inc. (Defendant) within three years from the date of certification, to the present, who were not paid all straight time and overtime compensation due and owing"; c. requiring Defendant to provide to Plaintiffs within 10 days of the Court's Order information including a list in electronic and importable format of the first and last names, last-known addresses, telephone numbers, dates of employment, location of employment, last four digits of the individual's social security number, and date of birth of all members of the putative class; d. requiring Defendant to post the Notice of this lawsuit in conspicuous locations where it employs its Freight Brokers, Account Coordinators, and Truckload Coverage Specialists, and others with similar job titles, duties and compensation structures; e. tolling the statute of limitations from the date of the filing of Plaintiffs' Motion for Conditional Class Certification until the close of the opt-in period; f. designating Don Brooks, Alexandria Johnson, and John Troast as class representatives; and g. approving Plaintiffs' counsel to act as class counsel in this matter. C.H. Robinson operates as a freight forwarder, non-vessel operating common carrier, and customs broker in North America. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ub3MMXZz The Plaintiffs are represented by: Matthew E. Osman, Esq. Kathryn S. Rickley, Esq. OSMAN & SMAY LLP 8500 W. 110th Street, Suite 330 Overland Park, KS 66204 Telephone: (913) 667 9243 Facsimile: (866) 470 9243 E-mail: mosman@workerwagerights.com krickley@workerwagerights.com - and - Ryan L. McClelland, Esq. Kenneth E. Cox, Esq. Ryan L. McClelland, Esq. MCCLELLAND LAW FIRM The Flagship Building 200 Westwoods Drive Liberty, MO 64068-1170 Telephone: (816) 781 0002 Facsimile: (816) 781 1984 E-mail: kmcclelland@mcclellandlawfirm.com kcox@mcclellandlawfirm.com ryan@mcclellandlawfirm.com C. R. ENGLAND: Gradie Seeks Certification of 3 Classes ------------------------------------------------------ In the lawsuit styled WILLIAM H. GRADIE, the Plaintiff, v. C. R. ENGLAND, INC., et al., the Defendant, Case No. 2:16-cv-00768-DN (D. Utah.), Mr. Gradie asks the Court for an order granting certification of these three classes: Injunctive Relief Class: "all California residents who, from April 20, 2012 to the date of judgment herein, have been subject to the terms of the " C.R. England, Inc. Driver Education and Employment Contract (California)", including any Promissory Note required by such an agreement;" Contract Class: "all California residents who, from April 20, 2012 to the date of judgment herein, have executed the "C.R. England, Inc. Driver Education and Employment Contract (California)", including any Promissory Note required by such an agreement; and Pay Statement Class: "all California residents who were employed as a driver by CRE from April 20, 2014 to the date of judgment". The purpose of the Injunctive Relief Class is to seek a declaratory judgment determining the legal rights and obligations of the parties under the Employment Agreement, and to obtain final injunctive relief barring CRE from attempting to enforcement any unlawful terms against members of the class. CRE is an American family-owned trucking company founded in 1920. The company provides temperature-controlled transportation services throughout North America and Mexico A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=MfSNMUwe The Plaintiff is represented by: Russell T. Monahan, Esq. COOK & MONAHAN, LLC 323 South 600 East, Suite 200 Salt Lake City, UT 84102 Telephone: (801) 595 8600 E-mail: russ@cooklawfirm.com - and - Brian F. Van Vleck, Esq. VAN VLECK TURNER & ZALLER LLP 6310 San Vicente Boulevard, Suite 430 Los Angeles, CA 90048 Telephone: (323) 592 3505 E-mail: bvanvleck@vtzlaw.com CANNERY CASINO: Wins Final OK of "Yanchak" Class Suit Settlement ---------------------------------------------------------------- The Hon. Mark R. Hornak granted final approval of the class action settlement, final class certification, award of a service award to the named Plaintiff, reimbursement to class counsel of their costs and expenses, and award of reasonable fees to class counsel in the lawsuit entitled MICHAEL C. YANCHAK, individually and on behalf of others similarly situated v. CANNERY CASINO RESORTS, LLC and WASHINGTON TROTTING ASSOCIATION, INC., Case No. 2:13-cv-01831-MRH (W.D. Pa.). According to the final order and judgment, these persons submitted valid Requests for Exclusion from the Settlement and are excluded from the Class: a. Drew Shaulis; b. Diane Vith; c. John Leas; and d. Scott Traverso. Pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure, this Class is finally certified: All current and former employees of Cannery Casino Resorts, LLC and Washington Trotting Association, Inc., who worked as Table Games Dealers (including poker dealers and dual rate dealers) at the Meadows Racetrack and Casino in Washington County, Pennsylvania from July 1, 20 l 0 through December 31, 2013. Plaintiff Michael C. Yanchak is appointed as the Representative of the Class and these attorneys are appointed as Class Counsel: John Stember, Esq., Jonathan K. Cohn, Esq., and Maureen Davidson- Welling, Esq., of Stember Cohn & Davidson-Welling, LLC. Judge Hornak approved the Class Counsel's application for attorneys' fees in the amount of $116,550, and for reimbursement of expenses of$ $4,943. In recognition of his service to the Class, Judge Hornak approved a Service Payment to the Plaintiff in the amount of $7,500. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=7zBZ54xd The Plaintiff is represented by: John Stember, Esq. Jonathan K. Cohn, Esq. Maureen Davidson-Welling, Esq. STEMBER COHN & DAVIDSON-WELLING, LLC The Hartley Rose Building, 7th Floor 425 First Avenue Pittsburgh, PA 15219 Telephone: (412) 281-8400 Facsimile: (412) 281-1007 E-mail: jstember@stembercohn.com jcohn@stembercohn.com mdavidsonwelling@stembercohn.com CASA LINDA: Faces "Villegas" Suit Over Unpaid Wages --------------------------------------------------- Oscar Villegas, an individual, on behalf of himself and all other similarly situated v. Casa Linda Furniture, Inc. and Does 1 through 50, inclusive, Case No. BC636702 (Cal. Super. Ct., October 7, 2016), is brought against the Defendants for failure to provide compensation for rest periods separate from any piece-rate compensation; failure to provide duty-free meal breaks; failure to provide duty-free rest periods; failure to pay all wages owed upon separation of employment; and failure to provide accurate itemized wage statements. Casa Linda Furniture, Inc. operates five furniture store locations in California. The Plaintiff is represented by: Alexander I. Dychler, Esq. DYCHTER LAW OFFICES, APC 1010 Second Ave., Suite 1835 San Diego, CA 92101 Telephone: (619) 487-0777 Facsimile: (619) 330-1827 E-mail: alex@dychterlaw.com - and - Kevin T. Barnes, Esq. Gregg Lander, Esq. LAW OFFICES OF KEVIN T. BARNES, APLC 5670 Wilshire Blvd., Ste. 1460 Los Angeles, CA 90036-5664 Telephone: (323) 549-9100 Facsimile: (323) 49-0101 E-mail: Barnes@kbames.com Lander@kbames.com CARESOUTH HEALTH: "Griswell" Suit to Recover Overtime Pay --------------------------------------------------------- Yolanda Griswell on behalf of herself and all others similarly situated, Plaintiff, v. Caresouth Health System, Inc., Defendant, Case No. 5:16-cv-00431 (M.D. Ga., September 29, 2016), seeks compensation for all unpaid and underpaid wages, liquidated damages, litigation costs, expense and attorneys' fees and such other and further relief in violation of the Fair Labor Standards Act. CareSouth operated 45 home health and hospice operations across seven states, including within the State of Georgia where Griswell worked as a Licensed Practical Nurse. Plaintiff claims to be denied overtime pay. Plaintiff is represented by: Michael J. Moore, Esq. POPE MCGLAMRY, P.C. 3391 Peachtree Road, Suite 300 Atlanta, GA 30326 Tel: (404) 523-7706 Fax: (404) 524-1648 Email: michaelmoore@pmkm.com efile@pmkm.com - and - Charles W. Byrd, Esq. POPE MCGLAMRY, P.C. 1200 6th Avenue Columbus, GA 31901-2613 Tel: (706) 324-0050 Fax: (706) 327-1536 Email: chuckbyrd@pmkm.com efile@pmkm.com - and - Jerry E. Martin, Esq. Scott P. Tift, Esq. BARRETT JOHNSTON MARTIN & GARRISON LLC 414 Union Street, Suite 900 Nashville, TN 37219 Tel: (615) 244-2202 Fax: (615) 252-3798 Email: jmartin@barrettjohnston.com stift@barrettjohnston.com - and - Peter Winebrake, Esq. WINEBRAKE & SANTILLO, LLC 715 Twining Road, Suite 211 Dresher, PA 19025 Tel: (215) 884-2491 Fax: (215) 884-2492 Email: pwinebrake@winebrakelaw.com CARRIER IQ: Miorelli Appeals From Ruling in Consumer Privacy MDL ---------------------------------------------------------------- Objector Sam A. Miorelli filed an appeal from a court ruling in the lawsuit titled In re Carrier IQ, Inc., Consumer Privacy Litigation., Case No. 3:12-md-02330-EMC, in the U.S. District Court for the Northern District of California, San Francisco. As previously reported in the Class Action Reporter, Carrier IQ and several telecoms were hit in 2011 with a raft of consumer privacy class actions alleging Carrier used a device called IQRD to access smartphones while hiding its presence and subverting standard operating system functions or other applications. The Plaintiffs said the software allowed Carrier IQ to log users' keystrokes, including their private text messages and web searches, in violation of federal and state wiretap laws. In August 2016, U.S. District Judge Edward Chen granted final approval of the $9 million settlement and $2.25 million in attorneys' fees in the case, after throwing it in limbo in July over questions about how many people knew they were eligible for an award. The appellate case is captioned as Patrick Kenny, et al. v. Carrier IQ, Inc., et al., Case No. 16-16816, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by November 7, 2016; -- Transcript is due on December 6, 2016; -- Appellant Sam A. Miorelli's opening brief is due on January 17, 2017; -- Answering brief of Appellees Carrier IQ, Inc., HTC America, Inc., Huawei Devices USA, Inc., Patrick Kenny, LG Electronics Mobilecomm U.S.A., Inc., Pantech Wireless, Inc. and Samsung Telecommunications America, Inc., is due on February 17, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiff-Appellee PATRICK KENNY, individually and on behalf of himself and all others similarly situated, is represented by: Steve Berman, Esq. Robert F. Lopez, Esq. HAGENS & BERMAN LLP 1918 Eighth Avenue Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 E-mail: steve@hbsslaw.com robl@hbsslaw.com - and - Shana E. Scarlett, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Ave. Berkeley, CA 94710 Telephone: (510) 725-3000 E-mail: gbscarlett@sbcglobal.net - and - Clifford Harris Pearson, Esq. Bobby Pouya, Esq. Daniel Leon Warshaw, Esq. PEARSON SIMON WARSHAW & PENNEY, LLP 15165 Ventura Boulevard Sherman Oaks, CA 91403 Telephone: (818) 788-8300 Facsimile: (818) 788-8104 E-mail: cpearson@pswlaw.com bpouya@pswlaw.com dwarshaw@pswlaw.com - and - Bruce Lee Simon, Esq. PEARSON, SIMON, WARSHAW & PENNEY, LLP 44 Montgomery Street San Francisco, CA 94104 Telephone: (415) 433-9000 Facsimile: (415) 433-9008 E-mail: bsimon@pswlaw.com - and - Aaron M. Sheanin, Esq. GIRARD GIBBS LLP 601 California Street San Francisco, CA 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 E-mail: asheanin@pswplaw.com Objector-Appellant SAM A. MIORELLI represents himself: Sam A. Miorelli, Esq. 764 Ellwood Avenue Orlando, FL 32804 Telephone: (352) 458-4092 E-mail: sam.miorelli@gmail.com Defendant-Appellee CARRIER IQ, INC., is represented by: Rodger Ryan Cole, Esq. FENWICK & WEST LLP 801 California Street Mountain View, CA 94041 Telephone: (650) 988-8500 E-mail: rcole@fenwick.com - and - Tyler Griffin Newby, Esq. FENWICK & WEST LLP 555 California Street San Francisco, CA 94104 Telephone: (415) 875-2300 E-mail: tnewby@fenwick.com Defendant-Appellee HTC AMERICA, INC., is represented by: Jonathan H. Blavin, Esq. Bryan H. Heckenlively, Esq. Rosemarie T. Ring, Esq. MUNGER TOLLES & OLSON, LLP 560 Mission Street, 27th Floor San Francisco, CA 94105 Telephone: (415) 512-4011 E-mail: Jonathan.Blavin@mto.com Bryan.Heckenlively@mto.com Rose.Ring@mto.com - and - Henry Weissmann, Esq. MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071 Telephone: (213) 683-9150 E-mail: Henry.Weissmann@mto.com Defendant-Appellee HUAWEI DEVICES USA, INC., is represented by: Simon J. Frankel, Esq. COVINGTON & BURLING, LLP One Front Street San Francisco, CA 94111 Telephone: (415) 591-7052 Facsimile: (415) 955-6552 E-mail: sfrankel@cov.com Defendant-Appellee PANTECH WIRELESS, INC., is represented by: Oluwaseun O. Ajayi, Esq. H.C. PARK & ASSOCIATES, PLC 1894 Preston White Drive Reston, VA 20191 Telephone: (703) 544-9213 E-mail: oajayi@park-law.com Defendant-Appellee SAMSUNG TELECOMMUNICATIONS AMERICA, INC., is represented by: Lance Etcheverry, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue Los Angeles, CA 90071 Telephone: (213) 687-5000 E-mail: letcheve@skadden.com - and - Sheryl Leung, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP 525 University Avenue Palo Alto, CA 94301 Telephone: (650) 470-4544 E-mail: sheryl.leung@skadden.com Defendant-Appellee LG ELECTRONICS MOBILECOMM U.S.A., INC., is represented by: Ian Charles Ballon, Esq. Karin Bohmholdt, Esq. Lori Chang, Esq. Jeff E. Scott, Esq. GREENBERG TRAURIG LLP 1840 Century Park East, Suite 1900 Los Angeles, CA 90067 Telephone: (310) 586-6575 E-mail: ballon@gtlaw.com bohmholdtk@gtlaw.com changl@gtlaw.com scottj@gtlaw.com CENTURY GOLF: Metzger Appeals From Ruling in "Izzio" Class Suit --------------------------------------------------------------- Plaintiffs Anthony Metzger and Jillian Brana filed an appeal from a court ruling in the lawsuit entitled Jillian Izzio, et al. v. Century Golf Partners Partners Management, L.P., Case No. 3:14-CV- 3194, in the U.S. District Court for the Northern District of Texas, Dallas. As previously reported in the Class Action Reporter, the Case is brought against the Defendant for alleged violation of the Fair Labor Standards Act and New York Labor Law. The appellate case is captioned as Jillian Izzio, et al. v. Century Golf Partners Partners Management, L.P., Case No. 16- 11463, in the U.S. Court of Appeals for the Fifth Circuit. Plaintiffs-Appellees JILLIAN IZZIO and HEATHER ZOELLER, on Behalf of Themselves and all Others Similarly Situated, are represented by: Adam Gonnelli, Esq. FARUQI & FARUQI, L.L.P. 685 3rd Avenue New York, NY 10017 Telephone: (212) 983-9330 E-mail: agonnelli@faruqilaw.com Movants-Appellants ANTHONY METZGER and JILLIAN BRANA are represented by: J. Nelson Thomas, Esq. THOMAS & SOLOMON, L.L.P. 693 East Avenue Rochester, NY 14607 Telephone: (585) 272-0540 E-mail: nthomas@theemploymentattorneys.com Defendant-Appellee CENTURY GOLF PARTNERS MANAGEMENT, L.P., is represented by: Sherry L. Travers, Esq. LITTLER MENDELSON, P.C. 2001 Ross Avenue Dallas, TX 75201 Telephone: (214) 880-8148 E-mail: stravers@littler.com CHINATOWN TAKE-OUT: "Li" Lawsuit Alleges FLSA Violation ------------------------------------------------------- Shanfa Li, on behalf of himself and others similarly situated, Plaintiff, v. Chinatown Take-Out Inc. d/b/a China Town Take Out; and Yechiel Meiteles, Defendants, Case No. 1:16-cv-07787-ALC (N.D.N.Y., September 29, 2016), alleges violations of the Federal Labor Standards Act, and of the New York Labor Law, arising from Defendants' various willful and unlawful employment policies, patterns and/or practices. The Plaintiff is represented by: John Troy, Esq. TROY LAW, PLLC 41-25 Kissena Blvd., Suite 119 Flushing, NY 11355 Phone: (718) 762-1324 CLARFIELD OKON: Wins Prelim. OK of "Rojas" Class Suit Settlement ---------------------------------------------------------------- The Hon. Joan M. Azrack grants preliminary approval of the Class Action Settlement Agreement between the parties to resolve the claims in the lawsuit captioned HENRY A. ROJAS, on behalf of himself and all others similarly situated v. LAW OFFICES OF CLARFIELD, OKON, SALOMONE & PINCUS, P.L. and OCWEN LOAN SERVICING, LLC, Case No. 2:15-cv-03268-JMA-SIL (E.D.N.Y.). The Court: -- defines the Settlement "Class" as: (i) all persons with a New York address (ii) to whom Law Offices of Clarfield, Okon, Salomone & Pincus, P.L. sent a letter referencing the Fair Debt Collection Practices Act ("FDCPA") in substantially the same form as "Exhibit A" to the Complaint in this action; (iii) during a period beginning on June 4, 2014, and ending on January 31, 2016. -- defines the "Class Claims" as those claims arising from COSP's collection letter, wherein COSP sent consumers written collection communications, which allegedly made false, deceptive, and misleading representations by failing to provide the total amount of the debt that the consumers allegedly owed; -- appoints the Plaintiff as the Class Representative; -- appoints the Plaintiff's counsel, Ryan Gentile, Esq, of the Law Offices of Gus Michael Farinella, PC, as Class Counsel; and -- approves the Settling Parties' proposed Class Notice and directs that it be mailed to the last known address of the Class Members as shown in COSP'S business records. Class Members will have until December 15, 2016, to exclude themselves from or object to the proposed settlement. In order to receive a portion of the cash payment under the Settlement Agreement, a Class Member must complete, return to the Class Administrator, and postmark a claim form by December 15. Class Counsel must file their motion for attorney's fees by October 31, 2016. A final hearing on the fairness and reasonableness of the Settlement Agreement and whether final approval will be given to it will be held on January 18, 2017, at 1:00 p.m. The parties' motion for final approval must be filed by January 9, 2017. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=1zwao5xS COLONY CAPITAL: Carter Files Class Suit Over Shady Merger Deal -------------------------------------------------------------- William Carter, on behalf of himself and all others similarly situated, Plaintiff, v. Colony Capital, Inc., Thomas J. Barrack, Jr., Richard B. Saltzman, Nancy A. Curtin, George G.C. Parker and John A. Somers, Defendant, Case No. 1:16-cv-03282, (D. Md., September 29, 2016), demands injunctive relief, preliminary and permanent enjoinment from proceeding with a merger deal, reasonable attorneys' and expert fees and expenses and such other and further equitable relief under the Securities and Exchange Act. On June 3, 2016, NorthStar Asset Management Group Inc. (NYSE: NSAM), Colony Capital, Inc. (NYSE: CLNY) and NorthStar Realty Finance Corp. (NYSE: NRF) announced that they have entered into a definitive merger agreement under which the companies will combine in an all-stock merger of equals transaction to create a world- class, internally-managed, diversified real estate and investment management platform. The transaction has been unanimously approved by the Special Committees of NSAM and NRF, and the Board of Directors of Colony. The combined company will be named "Colony NorthStar, Inc." Upon completion of the transaction, NSAM shareholders will own approximately 32.85%, Colony shareholders will own approximately 33.25% and NRF shareholders will own approximately 33.90% of the combined company on a fully diluted basis. NSAM shareholders will also receive, in addition to its regular quarterly dividend, a special cash dividend equal to $128 million, which represents a one-time distribution of excess NSAM taxable earnings and profits. According to the Complaint, the merger deal is believed to be unfair to Plaintiff since they will not receive any premium for their shares and end up with a diluted ownership stake in a combined company that will be dragged down by the recent financial and corporate governance problems. Plaintiff is represented by: Yelena Trepetin, Esq. Charles J. Piven BROWER PIVEN - A PROFESSIONAL CORPORATION 1925 Old Valley Road Stevenson, MD 21153 Tel: (410) 332-0030 Fax: (410) 685-1300 Email: piven@browerpiven.com trepetin@browerpiven.com - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Tel: (212) 971-1341 (305) 205-8284 (646) 522-4840 Email: jmonteverde@monteverdelaw.com - and - James M. Wilson, Jr., Esq. FARUQI & FARUQI, LLP 685 Third Avenue, 26th Floor New York, NY 10017 Tel: (212) 983-9330 Fax: (212) 983-9331 Email: jwilson@faruqilaw.com CONCENTRIX CORPORATION: Armstrong Seeks FLSA Class Certification ---------------------------------------------------------------- In the lawsuit titled ASHLEY ARMSTRONG, individually and on behalf of all other similarly situated individuals, the Plaintiff, v. CONCENTRIX CORPORATION, a New York corporation, Defendant, Case No. 4:16-cv-05363-DMR (N.D. Cal.), the Plaintiff asks the Court to enter an order: a. granting conditional certification and approving a 60- day opt-in period for the following proposed Collective: "all current and former hourly At-Home Customer Service Representatives who work or have worked for Defendant at any time from September 19, 2013 through judgment"; b. requiring the Defendant to identify all potential Collective Members within 14 days of the granting of conditional certification by providing a list in electronic and importable format, of the full names, job titles, addresses, non-work telephone numbers, e-mail addresses, dates of employment, locations of employment, and dates of birth, of each potential Collective Member; c. approving proposed form of Notice and Consent to Join form and authorizing both forms to be sent by U.S. Mail and e- mail to all potential Collective Members, with one reminder postcard and email to be sent 30 days thereafter to anyone who has not responded; and d. permitting potential Collective Members to file Consent to Join Forms, by mail, fax, e-mail, or website submission, until 60 days after the date of Plaintiff's mailing of notice to the class. The Plaintiff seeks recovery for Concentrix Corporation's willful violations of the Fair Labor Standards Act (FLSA), among other laws. Specifically, the Plaintiff challenges Defendant's company- wide policy and practice of failing to pay its hourly At-Home Customer Service Representatives (AHCSRs) for all time worked, including overtime wages at the rate of 150% of these employees' regular rates of pay for all time worked in excess of 40 hours per week. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ID0cnes1 The Plaintiff is represented by: Kevin J. Stoops, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355 0300 Facsimile: (248) 436 8453 E-mail: kstoops@sommerspc.com jyoung@sommerspc.com - and - Jahan C. Sagafi, Esq. OUTTEN & GOLDEN LLP One Embarcadero Center, 38th Floor San Francisco, CA 94111 Telephone: (415) 638 8800 Facsimile: (415) 638 8810 E-mail: jsagafi@outtengolden.com CONVERGENT HEALTHCARE: Class Certification Bid in "Hayes" Granted ----------------------------------------------------------------- In the lawsuit entitled RASA HAYES, an individual, on behalf of plaintiff and a class, the Plaintiff, v. CONVERGENT HEALTHCARE RECOVERIES, INC., an Illinois Corporation; CF MEDICAL, LLC, a Nevada Limited Liability Company; and JOHN AND JANE DOES NUMBERS 1-25, the Defendants, Case No. 1:14-cv-01467-JES-JEH (C.D. Ill.), the Chief United States District Judge Hon. James E. Shadid entered an order certifying a class of: "(a) all individuals with addresses in the State of New Jersey (b) to whom Convergent (c) sent a collection letter offing a settlement of a debt (d) on which the last payment or activity had occurred more than six years prior to the date of the letter, (e) which letter was sent on or after December 9, 2013 and on or before December 30, 2014". The class issues are whether Defendant's written communications to the class members violated 15 U.S.C. sections 1692e, 1692e(2)(A), 1692e(5), 1692e(10), and 1692f. The Court appoints Plaintiff as class representative and Plaintiff's counsel as class counsel under Rule 23(g). The Plaintiff's counsel is directed to prepare and tender to Defendant a proposed notice to class members in conformity with Rule 23(c)(2)(B) within 14 days of this Order. If the parties agree to the proposed notice they may file the proposed notice with the Court within 21 days of this Order. Alternatively, the parties may file their respective proposed notices with the Court within 21 days of this Order. Finally, Defendant is directed to provide Plaintiff with the names and last known mailing addresses of all class members in a manipulable format within 14 days of this Order. A copy of the Order dated Oct. 7 is available at no charge at http://d.classactionreporternewsletter.com/u?f=WVgHI6dN CORAL SPRINGS: "Amadon" Suit Seeks to Recover Unpaid Overtime Pay ----------------------------------------------------------------- Spencer Amadon, on behalf of himself and all others similarly situated, Plaintiffs, v. Coral Springs Delivery Dudes LLC and Dude Holdings, LLC, Defendants, Case No. 0:16-cv-62329 (S.D. Fla., September 29, 2016), seeks to recover unpaid minimum wages and overtime compensation, liquidated damages, costs and reasonable attorneys' fees, as well as for declaratory and injunctive relief under the provisions of the Fair Labor Standards Act. Defendants are in the restaurant food deliver service business and jointly employed the Plaintiff as a delivery driver. Plaintiff is represented by: Daniel R. Levine., Esq. PADULA BENNARDO LEVINE LLP 101 Plaza Real, Suite 207 Boca Raton, FL 33432 Telephone: (561) 544-8900 Facsimile: (561) 544-8999 E-mail: drl@pbl-law.com FRESENIUS MEDICAL: Appeals Ruling in "Gonzales" Suit to 9th Cir. ---------------------------------------------------------------- Defendants Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc., American Access Care of San Diego, LLC, and American Access Care of Southern California, LLC, filed an appeal from a court ruling in the lawsuit entitled Yolanda Gonzales, et al. v. Fresenius Medical Care Holdings, et al., Case No. 3:15-cv-00735-L- BGS, in the U.S. District Court for the Southern District of California, San Diego. The appellate case is captioned as Yolanda Gonzales, et al. v. Fresenius Medical Care Holding, et al., Case No. 16-80135, in the United States Court of Appeals for the Ninth Circuit. Plaintiffs-Respondents YOLANDA GONZALES and ALBERTO MUNGUIA, individually and on behalf of all others similarly situated, are represented by: Jeffrey Hogue, Esq. HOGUE & BELONG 170 Laurel Street San Diego, CA 92101 Telephone: (619) 238-4720 E-mail: jhogue@hoguebelonglaw.com Defendants-Petitioners FRESENIUS MEDICAL CARE HOLDINGS, a New York corporation, DBA Fresenius Medical Care North America; FRESENIUS VASCULAR CARE, INC., a Delaware Corporation; AMERICAN ACCESS CARE OF SAN DIEGO, LLC, a Delaware Limited Liability Company; and AMERICAN ACCESS CARE OF SOUTHERN CALIFORNIA, LLC, a California Limited Liability Company, are represented by: Carolin Sahimi, Esq. HUGHES HUBBARD & REED LLP 350 S. Grand Ave. Los Angeles, CA 90071-3442 Telephone: (213) 613-2818 Facsimile: (213) 613-2950 E-mail: sahimi@hugheshubbard.com - and - Alex Edwin Spjute, Esq. David Hugh Stern, Esq. HUGHES HUBBARD & REED LLP 350 S. Grand Ave. Los Angeles, CA 90071-3442 Telephone: (213) 613-2800 Facsimile: (213) 613-2950 E-mail: alex.spjute@hugheshubbard.com david.stern@hugheshubbard.com FREY'S CLEANERS: Villanuevas Sue Under FLSA, New York Labor Law --------------------------------------------------------------- MERZE MATILDE VILLANUEVA and BESCAIDA MATILDE VILLANUEVA, v. FREY'S CLEANERS INC. and KYUNG KWON, Case No. 7:16-cv-07821 (S.D.N.Y., October 6, 2016), was filed individually and on behalf of all other similarly situated persons, in order to enforce Plaintiffs' rights to be properly and lawfully paid under the New York Labor Law and the federal Fair Labor Standards Act. Frey's Cleaners Inc. is a laundry and dry cleaning business. The Plaintiffs are represented by: Amanda Bransford, Esq. EMPIRE JUSTICE CENTER 30 S. Broadway, 6th Floor Yonkers, NY 10701 Phone: (914) 595-0910 E-mail: abransford@empirejustice.org - and - Peter Dellinger, Esq. 1 West Main Street #200 Rochester, NY 14614 Phone: (585) 295-5811 E-mail: pdellinger@empirejustice.org GARDENS OF FOUNTAIN: Faces "Jones" Suit Under FLSA, Wage Laws ------------------------------------------------------------- JACQUELYN M. JONES, on behalf of herself and all others similarly situated, Plaintiff, v. THE GARDENS OF FOUNTAIN WAY, LLC, a Domestic Corporation and OAKRIDGE GARDENS NURSING CENTER, INC., a Domestic Corporation and GARDENVIEW, INC., a Domestic Corporation, Defendants, Case No. 1:16-cv-01347-WCG (E.D. Wis., October 7, 2016), seeks unpaid overtime compensation, unpaid agreed upon wages, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief under the Fair Labor Standards Act, and Wisconsin's Wage Payment and Collection Laws. Defendant, The Gardens of Fountain Way, LLC, is a Menasha, Wisconsin corporation that provides assisted living services in Menasha, Wisconsin. Defendant, Oakridge Gardens Nursing Center, Inc., is a Menasha, Wisconsin corporation that provides short-term rehabilitation, memory care, and skilled nursing services in Menasha, Wisconsin. Defendant, Gardenview, Inc., is a Menasha, Wisconsin corporation that provides assisted living services in Menasha, Wisconsin. Defendants are residential care establishments. The Plaintiff is represented by: James A. Walcheske, Esq. Scott S. Luzi, Esq. Jesse R. Dill, Esq. WALCHESKE & LUZI, LLC 15850 W. Bluemound Rd., Suite 304 Brookfield, WI 53005 Phone: (262) 780-1953 Fax: (262) 565-6469 E-mail: jwalcheske@walcheskeluzi.com sluzi@walcheskeluzi.com jdill@walcheskeluzi.com GC SERVICES: Class Certification Bid in "Ocampo" Suit Continued --------------------------------------------------------------- In the lawsuit styled Jose Luis Ocampo, the Plaintiff, v. GC Services International, LLC, the Defendant, Case No. 1:16-cv- 09388 (N.D. Ill.), the Hon. Judge Samuel Der-Yeghiayan entered an order continuing Plaintiff's motion to certify a class. According to the docket entry made by the Clerk on October 7, 2016, the noticed motion date of Oct. 11, 2016 is stricken. Initial status hearing is set for Nov. 30, 2016 at 9:00 a.m. At least four working days before the initial status hearing, the parties shall conduct a FRCP 26(f) conference and file a joint written Initial Status Report, not to exceed five pages in length, and file the Court's Joint Jurisdictional Status Report and deliver courtesy copies to the Court's Courtroom Deputy in Room 1908. The Court's standing orders on the Initial Status Report and Joint Jurisdictional Status Report maybe obtained from Judge Der- Yeghiayan's web page or from the Court's Courtroom Deputy. Counsel for the Plaintiff is warned that failure to serve summons and complaint on Defendant will result in a dismissal of the action pursuant to FRCP 4. Counsel for Plaintiff is further directed to file with the Clerk of Court, the appropriate return of service or waiver of service. GC Services has over 30 call centers (multiple offices in several cities) including international sites in Barbados, West Indies and the Philippines. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=kXiaVA4X GERHARD'S INC: Faces "Doremus" Suit Under FLSA, Pa. Wage Act ------------------------------------------------------------ Jay Doremus, individually and collectively on behalf of all others similarly situated Plaintiffs, v. Gerhard's, Inc. and Charles "Bud" Gerhard III and Richard Gerhard and Gerald Gerhard, Defendants, Case No. 2:16-cv-05270-NIQA (E.D. Pa., October 5, 2016), alleges violations of the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection Law. Gerhard's Inc. -- https://www.gerhardsappliance.com/ -- manufactures home appliances. The Plaintiff is represented by: Andrew S. Abramson, Esq. ABRAMSON EMPLOYMENT LAW, LLC 790 Penllyn Blue Bell Pike, Suite 205 Blue Bell, PA 19422 Phone: 267-470-4742 E-mail: asa@aemploylaw.com GLASSWERKS LA: "Fajardo" Suit Seeks to Recover Unpaid OT Wages -------------------------------------------------------------- Cesar A. Fajardo, on behalf of himself and all others similarly situated v. Glasswerks LA, Inc., and Does 1 to 50, inclusive, Case No. BC636395 (Cal. Super. Ct., October 7, 2016), seeks to recover unpaid overtime based on failure to include commission in calculating the regular rate of pay. Glasswerks LA, Inc. is a manufacturer & fabricator of custom & architectural glass, spandrel, and insulated glass units. The Plaintiff is represented by: Joseph Lavi, Esq. Jordan D. Bello, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 E-mail: jlavi@lelawfirm.com jbello@lelawfirm.com GO WIRELESS: Faces "Sforza" Suit Over Failure to Pay Overtime ------------------------------------------------------------- Aaron Juda Sforza, on behalf of himself and all others similarly situated v. Go Wireless, Inc. and Does 1 to 100, inclusive, Case No. BC636573 (Cal. Super. Ct., October 7, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Go Wireless, Inc. operates as a wireless retail company in California. The Plaintiff is represented by: Kevin T. Barnes, Esq. Gregg Lander, Esq. LAW OFFICES OF KEVIN T. BARNES 5670 Wilshire Boulevard, Suite 1460 Los Angeles, CA 90036-5664 Telephone: (323) 549-9100 Facsimile: (323) 549-0101 E-mail: Bames@kbarnes.com - and - Raphael A. Katri, Esq. LAW OFFICES OF RAPHAEL A. KATRI 8549 Wilshire Boulevard, Suite 200 Beverly Hills, CA 90211-3104 Telephone: (310) 940-2034 Facsimile: (310) 733-5644 E-mail: RKatri@socallaborlawyers.com GRAHAM HOTEL: Faces "Foster" Suit Alleging Violation of ADA ----------------------------------------------------------- LELAND FOSTER, Plaintiff, v. GRAHAM HOTEL SYSTEMS, INC., a Michigan corporation for profit, Defendant, Case No. 2:16-cv- 13589-PDB-MKM (E.D. Mich., October 7, 2016), seeks injunctive relief, damages, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act, individually, and on behalf of individuals similarly situated. Defendant GRAHAM HOTEL SYSTEMS, INC. operates and owns The Kensington Hotel and Graham's Restaurant. The Plaintiff is represented by: Owen B. Dunn, Jr., Esq. LAW OFFICE OF OWEN B. DUNN, JR. The Ottawa Hills Shopping Center 4334 W. Central Ave., Suite 222 Toledo, OH 43615 Phone: (419) 241-9661 Fax: (419) 241-9737 Monroe, MI (734) 240-0848 E-mail: dunnlawoffice@sbcglobal.net - and - Valerie J. Fatica, Esq. 4334 W. Central Ave., Suite 222 Toledo, OH 43615 Phone: (419) 241-9661 E-mail: valeriefatica@gmail.com HAMTRAMCK, MI: 6th Circuit Appeal Filed in "Serafino" Class Suit ---------------------------------------------------------------- Plaintiffs Craig Serafino, Michael J. Szymanski and Walter Tripp filed an appeal from a court ruling in their lawsuit titled Craig Serafino, et al. v. City of Hamtramck, et al., Case No. 4:14-cv- 14112, in the U.S. District Court for the Eastern District of Michigan at Flint. As previously reported in the Class Action Reporter, the Plaintiffs initiated the Case against the Defendants on Oct. 24, 2014. In their amended complaint, filed November 12, 2014, the Plaintiffs allege that by making changes to their retiree health care benefits, the Defendants violated the Plaintiffs' rights under the United States Constitution and breached contracts with the Plaintiffs. The appellate case is captioned as Craig Serafino, et al. v. City of Hamtramck, et al., Case No. 16-2370, in the United States Court of Appeals for the Sixth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellant brief is due on November 16, 2016; -- Appellee brief is due on December 19, 2016; and -- A Telephone Mediation conference has been scheduled for November 3, 2016, at 9:00 a.m. (ET) with Mariann Yevin. Plaintiffs-Appellants CRAIG SERAFINO, WALTER TRIPP and MICHAEL J. SZYMANSKI, on behalf of themselves, and others similarly situated, are represented by: Keith D. Flynn, Esq. MILLER COHEN, PLC 600 W. Lafayette Boulevard, Fourth Floor Detroit, MI 48226 Telephone: (313) 964-4454 Facsimile: (313) 964-4490 E-mail: kflynn@millercohen.com Defendants-Appellees CITY OF HAMTRAMCK and CATHY SQUARE are represented by: Michael A. Alaimo, Esq. Brian M. Schwartz, Esq. MILLER CANFIELD 150 W. Jefferson Avenue, Suite 2500 Detroit, MI 48226 Telephone: (313) 963-6420 E-mail: alaimo@millercanfield.com schwartzb@millercanfield.com HARTFORD CITY, IN: Sex Offenders Class Certified in Valenti Suit ---------------------------------------------------------------- The Hon. Theresa L. Springmann entered an opinion and order in the lawsuit titled BRIAN VALENTI, on his own behalf and on behalf of a class of those similarly situated v. HARTFORD CITY, INDIANA, Cause No. 1:15-CV-63-TLS (N.D. Ind.), certifying the Class defined as: all persons who currently, or will in the future, live in, work in, or visit Hartford City, Indiana, and who are, or will be, Sex Offenders as defined in Amended Ordinance 2008-01. The Court appoints Kenneth J. Falk, Esq., ACLU of Indiana, as Class Counsel. Because the Class is being certified under Rule 23(b)(2) of the Federal Rules of Civil Procedure, the Court does not direct notice and an opportunity to opt out. Plaintiff Brian Valenti, on behalf of himself and others similarly situated, has sued the City of Hartford City, Indiana, arguing that Hartford City Ordinance 2008-01, titled "Regulation of Sex Offenders," as amended by Ordinance 2015-10 (Amended Ordinance 2008-01 or the Ordinance), is unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment, and violates the Indiana Constitution's prohibition against ex post facto punishment. A copy of the Opinion and Order is available at no charge at https://goo.gl/bwIPz2 from Leagle.com. The Plaintiff is represented by: Kenneth J. Falk, Esq. ACLU OF INDIANA 1031 East Washington Street Indianapolis, IN 46202-3952 Telephone: (317) 635-4059 Facsimile: (317) 635-4105 E-mail: kfalk@aclu-in.org Defendant Hartford City, Indiana, is represented by: Eric M. Wilkins, Esq. HUNT SUEDHOFF KALAMAROS LLP P.O. Box 11489 803 South Calhoun, 9th Floor Fort Wayne, IN 46858-1489 Telephone: (260) 399-2526 E-mail: ewilkins@hsk-law.com lpolley@hsk-law.com HEALTHBRIDGE CHILDREN: "Haug" Suit Seeks to Recover Unpaid OT Pay ----------------------------------------------------------------- Alice Haug, on behalf of herself and others similarly situated, Plaintiff, v. Healthbridge Children's Hospital Orange, CA, L.P. and Nexus Health Systems, Inc. and Does l to 100, inclusive, Defendants, Case No. 30-2016-00878061 (Cal. Super., September 29, 2016), seeks unpaid wages and interest, overtime, recovery of missed breaks and leaves premium wages, statutory penalties, injunctive and other equitable relief and reasonable attorney's fees and costs under the California Labor Code. HealthBridge Children's Hospital is a pediatric medical care and rehabilitation hospital owned by Nexus Health Systems where Plaintiff worked. Plaintiff claims to have been denied overtime, rest periods and was not furnished with wage statements. Plaintiff is represented by: Joseph Lavi, Esq. Andrea Rosenkranz, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd. Suite 200 Beverly Hills, CA 90211 Telephone: (310) 432-0000 Facsimile: (310) 432-0001 Email: jlavi@lelawfirm.com arosenkranz@lelawfirm.com HOME DEPOT: "Rideman et al." Allege FLSA, Mass. Wage Act Breach --------------------------------------------------------------- TODD RIDEMAN, TERENCE JOHNSON, and TODD FEYRER on behalf of themselves and all other employees similarly situated, Plaintiffs, v. HOME DEPOT U.S.A., INC., THD AT HOME SERVICES, INC., Defendants, Case No. 1:16-cv-12022-PBS (D. Mass., October 7, 2016), seeks monetary damages as redress for the alleged deprivation of rights secured to the Plaintiff, as well as all other employees similarly situated and employed in Massachusetts under the Fair Labor Standards Act and Massachusetts Wage Act. HOME DEPOT U.S.A., INC., doing business as The Home Depot is a home improvement supplies superstore that sells tools, construction products and services. The Plaintiffs are represented by: David Summer, Esq. 100 State Street, Suite 900 Boston, MA 02110 Phone: (617) 695-0050 E-mail: david@summerlaw.com ICAHN ENTERPRISES: Skybo Challenges Federal-Mogul Merger Deal ------------------------------------------------------------- Gary Skybo, on behalf of himself and all others similarly situated, Plaintiff, v. Daniel A. Ninivaggi, Rainer Jueckstock, Sunghwan Cho, Thomas W. Elward, George Feldenkreis, Courtney Mather, Michael Nevin, Louis J. Pastor, Neil S. Subin, James Michael Laisure,Carl C. Icahn, Jack G. Wasserman, James L. Nelson, William A. Leidesdorf, Keith Cozza, IEH FM Holdings, LLC, American Entertainment Properties Corp., Icahn Building LLC, Icahn Enterprises Holdings L.P., Icahn Enterprises L.P. and Icahn Enterprises G.P. Inc., Defendants, Case No. 12790 (Del. Ch., September 30, 2016), seeks all damages, costs of this action, including a reasonable allowance for the fees and expenses attorneys and expert and such further relief in breach of fiduciary duties. Federal-Mogul is a global supplier of products and services to world manufacturers and servicers of vehicles and equipment in the automotive, light, medium and heavy-duty commercial, marine, rail, aerospace, power generation and industrial markets. It entered into an Agreement and Plan of Merger with Icahn Enterprises, wherein Icahn will acquire all of the outstanding shares of Federal-Mogul's common stock for a purchase price of $9.25 per share which is 8% below the Company's 52-week high of $10 per share. According to the Complaint, Defendants have allegedly breached their fiduciary duties by agreeing to various deal protection devices that deter other bidders from making a competing offer for the Company. Plaintiff is represented by: Nadeem Faruqi, Esq. FARUQI & FARUQI, LLP 685 Third Avenue, 26th Fl. New York, NY 10017 Tel: (212) 983-9330 Fax: (212) 983-9331 Email: nfaruqi@faruqilaw.com - and - James R. Banko, Esq. Derrick B. Farrell, Esq. Michael Van Gorder (#6214) 20 Montchanin Road, Suite 145 Wilmington, DE 19807 Tel: (302) 482-3182 Email: jbanko@faruqilaw.com dfarrell@faruqilaw.com - and - Juan E. Monteverde MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Fl. New York, NY 10118 Tel: (212) 971-1341 Fax: (212) 601-2610 jmonteverde@monteverdelaw.com ILLINOIS: Judge Open to Approving Class in Inmates' Hep C Suit -------------------------------------------------------------- In the lawsuit entitled JEFFREY ORR, et al., the Plaintiffs, v. WILLARD O. ELYEA, et al., the Defendants, Case No. 2:08-cv-02232- HAB (C.D. Ill.), the U.S. District Judge Hon. Harold A. Baker denied the motion of inmates at the Illinois Department of Corrections facilities for reconsideration of the denial of their prior request for class certification. Judge Baker indicated, however, that he is willing to approve a class for injunctive relief. The plaintiffs, he said, need to file an amended motion for class certification, stating specifically what class(es) they seek to certify for purposes of injunctive relief. They also need to identify the representatives of the class in a way to demonstrate that the representative plaintiffs are typical of the proposed class and to address the other requirements of Federal Rule 23. The case began nearly eight years ago. The plaintiffs are former or current IDOC inmates challenging the denial of Hepatitis C treatment during their incarceration. At that time, Judge McCuskey denied Plaintiffs' motion for class certification. The District Court also denied certification in a similar case, Roe v. Elyea, 06-cv-3034. Judge Baker noted that much has changed since those denials. Defendants contend that reconsideration is improper, but denial or grants of class certification may be modified at any time before judgment. Judge Baker explained that when the case began, whether treatment should be started and what that treatment should be was dependent upon many factors, making it difficult to find the commonality necessary for a class action. Also, the treatment had serious side effects, which further individualized treatment decisions. Now, he continued, as the court has learned through the evidentiary hearing held January 25, 2016, and the deposition testimony of Dr. Batey and Dr. Thomas, new treatments are available to successfully treat most cases of Hepatitis C in 12 weeks with minimal serious side effects. The IDOC's treatment policy has changed in light of these developments, but the IDOC currently refuses to consider treatment for anyone with a fibrosis level of less than 3. That dispute, along with the length of stay required in the IDOC before treatment will be considered, are at the heart of the debate in the ongoing preliminary injunction hearing. The evidence thus far may support class certification for the purposes of injunctive relief, Judge Baker said. A possible class for injunctive relief might be defined as any inmate who is now or will be confined in the IDOC facilities for at least one year who has Hepatitis C and who is being denied treatment based on his or her fibrosis level or length of stay. The certification would be under Federal Rule of Civil Procedure 23(b)(2) for purposes of injunctive relief only. In his Order dated Oct. 7, Judge Baker: a. denied the Plaintiffs' motion to reconsider class certification with leave to renew by October 31, 2016. b. directed the Plaintiffs to file, by October 31, 2016, a motion for preliminary injunction specifying exactly the injunctive relief they seek (This motion will replace the current preliminary injunction motion which is out of date given the advancements in treatment.); c. granted Defendant Shicker's motion for an extension to file objections to the Plaintiffs' motion to amend (The court has considered the objections.); d. granted the Plaintiffs' motion to add a malpractice claim to their complaint (The plaintiffs are directed to file their amended complaint by October 31, 2016. The amended complaint will completely replace the original complaint. The defendants may again raise their objections to the amended complaint in a motion to dismiss filed by November 15, 2016.); and e. denied unopposed motion to intervene by several inmates who do not have Hepatitis C. According to Judge Baker, the proposed intervenors claim that the failure to treat all inmates with Hepatitis C puts them at a substantial risk of contracting the disease. They do not explain how they are at an unavoidable substantial risk of contracting Hepatitis C. Hepatitis C is spread when "the blood from a person infected enters the body of someone who is not infected. Today, most people become infected with the Hepatitis C virus by sharing needles or other equipment to inject drugs." (www.cdc.gov). It is difficult to see how this could be a viable claim. In any event, the Plaintiffs have not shown how permissive nor mandatory intervention is warranted. The Plaintiffs are already adequately representing the proposed intervenors' interest. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=00WvM2NE IRVINE COMPANY: "Jamili" Suit Seeks to Recover Unpaid Wages ----------------------------------------------------------- Nazanen Jamili, an individual, on behalf of herself and all others similarly situated v. The Irvine Company, LLC and Does 1 through 100, inclusive, Case No. 30-2016-00879610-CU-OE-CXC (Cal. Super. Ct., October 7, 2016), seeks to recover unpaid overtime wages, minimum wages, damages, attorneys' fees, costs, and expenses pursuant to the California Labor Code. The Irvine Company, LLC operates a real estate development headquartered in Newport Center, California. The Plaintiff is represented by: Matthew J. Matern, Esq. Dalia Khaltlt, Esq. Shayna E. Dickstein, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531-1900 Facsimile: (310) 531-1901 E-mail: mmatern@matemlawgroup.com dkhalili@matemlawgroup.com sdickstein@maternlawgroup.com JC PENNEY: Ellingwood Appeals From Ruling in "Spann" Class Suit --------------------------------------------------------------- Objector Walter F. Ellingwood filed an appeal from a court ruling in the lawsuit entitled Cynthia Spann, et al. v. J.C. Penney Corporation, Inc., Case No. 8:12-cv-00215-FMO-KES, in the U.S. District Court for the Central District of California, Santa Ana. As previously reported in the Class Action Reporter, the lawsuit was filed on February 8, 2012, alleging that the Defendant violated California's Unfair Competition Law and related state statutes in connection with its advertising of sale prices for private label apparel and accessories. The lawsuit seeks restitution, damages, injunctive relief, and attorney's fees and costs. On May 18, 2015, the court granted plaintiff's request for certification of a class consisting of all people who, between November 5, 2010 and January 31, 2012, made purchases in California of JCP private or exclusive label apparel or accessories advertised at a discount of at least 30% off the stated original or regular price (excluding those who only received such discount by using coupon(s)), and who have not received a refund or credit for their purchases. The parties have reached a settlement agreement, subject to court approval, and in accordance with the term of the settlement, the Company has established a $50 million reserve to settle class members' claims. The court granted preliminary approval of the settlement. A final approval hearing was held on August 25, 2016. In an Order dated Sept. 30 available at https://is.gd/2SYVMS from Leagle.com, District Judge Fernando M. Olguin granted final approval of the settlement, and ruled that: 1. Plaintiff Cynthia E. Spann shall be paid a service payment of $10,000 in accordance with the terms of the Settlement Agreement and the Order. 2. Class counsel shall be paid $13,500,000 in attorney's fees and $191,080.91 in costs in accordance with the terms of the Settlement Agreement and the Order. 3. The settlement administrator, Heffler Claims Group LLC, shall be paid up to $2,667,000 for its fees and expenses in connection with the administration of the Settlement Agreement, in accordance with the terms of the Settlement Agreement and the Order. 4. Except as to any class members who have validly and timely requested exclusion, this action is dismissed with prejudice, with all parties to bear their own fees and costs except as set forth herein and in the prior orders of this court. The appellate case is captioned as Cynthia Spann, et al. v. J.C. Penney Corporation, Inc., Case No. 16-56474, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by November 7, 2016; -- Transcript is due on February 6, 2017; -- Appellant Walter F. Ellingwood's opening brief is due on March 20, 2017; -- Appellees J.C. Penney Corporation, Inc. and Cynthia E. Spann's answering brief is due on April 19, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiff-Appellee CYNTHIA E. SPANN, Individually and On Behalf of All Others Similarly Situated, is represented by: Derek John Emge, Esq. THE EMGE FIRM, LLP 501 W. Broadway, Suite 1760 San Diego, CA 92101 Telephone: (619) 595-1400 Facsimile: (619) 595-1480 E-mail: derek@emgelawfirm.com - and - Matthew J. Zevin, Esq. STANLEY LAW GROUP 10021 Willow Creek Road, Suite 200 San Diego, CA 92131 Telephone: (619) 235-5306 Facsimile: (815) 377-8419 E-mail: mzevin@aol.com Objector-Appellant WALTER F. ELLINGWOOD is represented by: Steven Franklyn Helfand, Esq. HELFAND LAW OFFICES 910 West Avenue, Unit 438 Miami Beach, FL 33139 Telephone: (415) 596-5611 E-mail: steven@stevenhelfand.com Defendant-Appellee J.C. PENNEY CORPORATION, INC., a Delaware Corporation, is represented by: Raoul D. Kennedy, Esq. James P. Schaefer, Esq. SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP 525 University Avenue Palo Alto, CA 94301 Telephone: (650) 470-4500 E-mail: rkennedy@skadden.com james.schaefer@skadden.com - and - Moe Keshavarzi, Esq. John M. Landry, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP 333 South Hope Street Los Angeles, CA 90071-1448 Telephone: (213) 617-5544 E-mail: mkeshavarzi@sheppardmullin.com jlandry@sheppardmullin.com JIM FISCHER: "Laughlin" Suit Claims Incorrect Rates for OT Pay -------------------------------------------------------------- Joshua Laughlin On behalf of Himself and all others similarly situated v. Jim Fischer Inc., Case No. 16-CV-1342 (E.D. Wis., October 6, 2016), seeks redress for Jim Fischer's alleged failure to count all of the Plaintiffs' hours worked, failure to compute overtime pay at correct rates, and failure to pay for work performed on prevailing wage projects at the correct rates under the Fair Labor Standards Act. Jim Fischer Inc. performs concrete pouring and other construction work throughout Wisconsin. The Plaintiff is represented by: Yingtao Ho, Esq. THE PREVIANT LAW FIRM S.C. 1555 North RiverCenter Drive, Suite 202 P. O. Box 12993 Milwaukee, WI 53212 Phone: 414-271-4500 Fax: 414/271-6308 E-mail: yh@previant.com KOCH FOODS: Bodega Brew Sues Over "Violation" of Sherman Act ------------------------------------------------------------ Bodega Brew Pub, Inc., individually and on behalf of all others similarly situated, Plaintiff, vs. Koch Foods, Inc., JCG Foods of Alabama, LLC, JCG Foods of Georgia, LLC, Koch Meat Co., Inc., Tyson Foods, Inc., Tyson Chicken, Inc., Tyson Breeders, Inc., Tyson Poultry, Inc., Pilgrim's Pride Corporation, Perdue Farms, Inc., Sanderson Farms, Inc., Sanderson Farms, Inc. (Foods Division), Sanderson Farms, Inc. (Production Division), Sanderson Farms, Inc. (Processing Division), Wayne Farms, LLC, Mountaire Farms, Inc., Mountaire Farms, LLC, Mountaire Farms of Delaware, Inc., Peco Foods, Inc., Foster Farms, LLC, House of Raeford Farms, Inc., Simmons Foods, Inc., Fieldale Farms Corporation, George's, Inc., George's Farms, Inc., O.K. Foods, Inc., O.K. Farms, Inc., and O.K. Industries, Inc., Defendants, Case No. 1:16-cv-09589 (D. Ill., October 7, 2016), seeks injunctive relief under Section 1 of the Sherman Act, and for treble damages under the antitrust laws, unfair competition laws, consumer protection laws, and unjust enrichment common laws on behalf of indirect purchasers of Broilers in the United States. Each Defendant's corporate family sold or distributed Broilers. The Plaintiff is represented by: Daniel Zemans, Esq. LAW OFFICES OF DANIEL ZEMANS, LLC 500 N. Michigan Avenue Suite 600 Chicago, IL 60611 Phone: (773) 706-7767 E-mail: dzemans@zemans-law.com - and - Timothy D. Battin, Esq. Nathan Cihlar, Esq. Christopher V. Le, Esq. STRAUS & BOIES, LLP 4041 University Drive, Suite 500 Fairfax, VA 22030 Phone: (703) 764-8700 E-mail: tbattin@straus-boies.com cle@straus-boies.com ncihlar@straus-boies.com - and - Daniel E. Birkhaeuser, Esq. BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER LLP 2125 Oak Grove Rd., Suite 120 Walnut Creek, CA 94598 Phone: (925) 945-0200 Fax: (925) 945-8792 E-mail: dbirkhaeuser@bramsonplutzik.com KOHL'S DEPARTMENT: Card Seeks Review of Ruling in "Russell" Suit ---------------------------------------------------------------- Objector Anne Card filed an appeal from a court ruling in the lawsuit titled Steven Russell, et al. v. Kohl's Department Stores, Inc., et al., Case No. 5:15-cv-01143-RGK-SP, in the U.S. District Court for the Central District of California, Riverside. The appellate case is captioned as Steven Russell, et al. v. Kohl's Department Stores, Inc., et al., Case No. 16-56493, in the United States Court of Appeals for the Ninth Circuit. As previously reported in the Class Action Reporter, the Case is brought against the Defendant for falsely advertising original prices, regular prices, and price discounts for its apparel and other merchandise, in its direct marketing to consumers via in-store advertising displays, print advertising, and Internet. Kohl's Department Stores, Inc. owns and operates a chain retail clothing stores throughout the United States. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by November 10, 2016; -- Transcript is due on February 8, 2017; -- Appellant Anne Card's opening brief is due on March 20, 2017; -- Answering brief of Appellees Donna Caffey, Does, Kohl's Department Stores, Inc. and Steven Russell is due on April 19, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiffs-Appellees STEVEN RUSSELL, individually and on behalf of all others similarly situated, and DONNA CAFFEY are represented by: Douglas Caiafa, Esq. DOUGLAS CAIAFA LAW OFFICE 11845 West Olympic Boulevard, Suite 1245 Los Angeles, CA 90064 Telephone: (310) 444-5240 Facsimile: (310) 312-8260 E-mail: dcaiafa@caiafalaw.com - and - Christopher J. Morosoff, Esq. LAW OFFICE OF CHRISTOPHER J. MOROSOFF 77-760 Country Club Drive, Suite G Palm Desert, Ca 92211 Telephone: (760) 469-5986 Facsimile: (760) 345-1581 E-mail: cjmorosoff@morosofflaw.com Objector-Appellant ANNE CARD is represented by: Matthew Kurilich, Esq. LAW OFFICE OF MATT KURILICH 17321 Irvine Blvd., Suite 115 Tustin, CA 92780 Telephone: (714) 734-3715 Facsimile: (949) 595-0056 E-mail: mattkurilich@yahoo.com Defendant-Appellee KOHL'S DEPARTMENT STORES, INC., a Delaware Corporation, is represented by: James Speyer, Esq. Eskandar Alex Beroukhim, Esq. ARNOLD & PORTER LLP 777 South Figueroa Street Los Angeles, CA 90017-5844 Telephone: (213) 243-4141 Facsimile: (213) 243-4199 E-mail: james.speyer@aporter.com alex_beroukhim@aporter.com KOLBE & KOLBE: Insurer Seeks 7th Cir. Review of Ruling in "Haley" ----------------------------------------------------------------- Intervenor Fireman's Fund Insurance Company filed an appeal from a court ruling in the lawsuit entitled HALEY, et al. v. KOLBE & KOLBE MILLWORK CO., INC., et al., Case No. 3:14-cv-00099-bbc, in the U.S. District Court for the Western District of Wisconsin. In their complaint, the Plaintiffs alleged that the windows they purchased from Defendant Kolbe & Kolbe Millwork Co. are defective. In her Opinion and Order dated November 2, 2015 available at http://is.gd/j0rNX1from Leagle.com, District Judge Barbara B. Crabb addressed three motions for summary judgment related to peripheral disputes between defendant and its insurers, Fireman's Fund Insurance Company and United States Fire Insurance Company. United States Fire seeks summary judgment on defendant's claims that United States Fire breached its duty to defend defendant and acted in bad faith. Both insurers seek a declaration that they owe no duty to defend or indemnify defendant. Judge Crabb granted United States Fire's motion with respect to defendant's claims because defendant has not shown that United States Fire's conduct violated defendant's rights. However, the Court denied both insurers' motion regarding their duty to indemnify and their continuing duty to defend because there is still a possibility that defendant could be required to pay damages that are covered by the insurers' policies. The appellate case is captioned as Kolbe & Kolbe Millwork Company v. Fireman's Fund Insurance Company, Case No. 16-3562, in the U.S. Court of Appeals for the Seventh Circuit. According to the briefing schedule in the Appellate Case, the Appellant's brief is due on or before November 8, 2016, for Fireman's Fund Insurance Company and United States Insurance Company. Other parties reflected on the District Court docket but are not reflected on the Appellate docket/caption for administrative purposes are Plaintiffs-Appellees Brian Buinewicz, Gary Samuels, Matthew Deller, Susan Senyk, Terrance McIver, Jean Ann McIver, Marie Lohr, Renee Deller, Christian Senyk and Patricia Groome. Plaintiffs-Appellees MARY HALEY, MICHAEL HALEY, LESLIE BANKS, JAMES HAL BANKS, and ANNIE BUINEWICZ are represented by: Michael J. Flannery, Esq. CUNEO GILBERT & LADUCA, LLP 7733 Forsyth Boulevard St. Louis, MO 63105 Telephone: (202) 789-3960 E-mail: mflannery@cuneolaw.com Defendant KOLBE & KOLBE MILLWORK COMPANY, INCORPORATED, is represented by: Susan G. Schellinger, Attorney DAVIS & KUELTHAU 111 E. Kilbourn Avenue Milwaukee, WI 53202-6613 Telephone: (414) 225-1492 E-mail: sschellinger@dkattorneys.com Intervenor-Appellant FIREMAN'S FUND INSURANCE COMPANY is represented by: Beth Ann Berger Zerman, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 550 W. Adams Street Chicago, IL 60661-0000 Telephone: (312) 463-3344 E-mail: BethAnn.Berger@lewisbrisbois.com LAKESHORE EQUIPMENT: Fails to Pay Employees Overtime, Suit Says --------------------------------------------------------------- Juan Diaz, an Individual, on behalf of himself and all others similarly situated v. Lakeshore Equipment Company and Does 1 through 100, Inclusive, Case No. BC636569 (Cal. Super. Ct., October 7, 2016), is brought against the Defendants for failure to pay overtime wages for work more than 40 hours in a week. Lakeshore Equipment Company is a retailer of educational products for children in the United States. The Plaintiff is represented by: Bruce Kokozian, Esq. KOKOZIAN LAW FIRM, APC 9440 South Santa Monica Boulevard, Suite 510 Beverly Hills, CA 90210 Telephone (323) 857-5900 LEXINGTON-FAYETTE URBAN: Harris Appeals Ruling to Sixth Circuit --------------------------------------------------------------- Plaintiff Charmeairria Harris filed an appeal from a court ruling entered in the lawsuit styled Charmeairria Harris v. Lexington- Fayette Urban County Government, et al., Case No. 5:15-cv-00367, in the U.S. District Court for the Eastern District of Kentucky at Lexington. As previously reported in the Class Action Reporter, the Plaintiff seeks recovery of actual and punitive damages from the Defendants under federal, state, and common law for its alleged policy, custom or practice at the Jail of charging persons admitted to the jail for the costs of their incarceration. Defendant Lexington-Fayette Urban County Government is responsible for the establishment of policies either formally or by custom for, and was responsible for the employment, training, supervision and conduct of, Rodney Ballard, Director of LFUCG's Division of Community Corrections, and the officers and employees of the Jail. The appellate case is captioned as Charmeairria Harris v. Lexington-Fayette Urban County Government, et al., Case No. 16- 6480, in the United States Court of Appeals for the Sixth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Appellant brief is due on November 14, 2016; and -- Appellee brief is due on December 15, 2016. Plaintiff-Appellant CHARMEAIRRIA HARRIS, Individually and on behalf of all persons similarly situated, is represented by: Camille Bathurst, Esq. Gregory A. Belzley, Esq. BELZLEY BATHURST ATTORNEYS P.O. Box 278 Prospect, KY 40059 Telephone: (502) 292-2452 E-mail: camillebathurst@aol.com gbelzley@aol.com - and - Matthew W. Boyd, Esq. BOYD LAW OFFICE 155 East Main Street, Suite 220 Lexington, KY 40507 Telephone: (859) 252-0222 E-mail: mattboydlaw@aol.com Defendants-Appellees LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT and RODNEY BALLARD, Individually, are represented by: Keith Moorman, Esq. FROST BROWN TODD 250 W. Main Street, Suite 2800 Lexington, KY 40507 Telephone: (859) 231-0000 Facsimile: (859) 231-0011 E-mail: kmoorman@fbtlaw.com LG CORP: "Gustafson" Suit Claims Conspiracy to Suppress Wages ------------------------------------------------------------- JOSE RA, individually and on behalf of all others similarly situated, Plaintiff, v. LG Corporation; LG Electronics Inc.; LG Electronics U.S.A., Inc.; LG Display Co., Ltd.; LG Display America, Inc.; Samsung Group; Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc., Samsung Semiconductor, Inc. Defendants, Case No. 5:16-cv-05673 (N.D. Cal., October 5, 2016), alleges that Defendants have conspired to restrain competition in order to suppress the compensation of their own employees. LG Corporation is a global force in consumer electronics, home appliances, and mobile communications. The Plaintiff is represented by: Daniel E. Gustafson, Esq. Catherine K. Smith, Esq. Brittany N. Resch, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Phone: (612) 333-8844 Fax: (612) 339-6622 E-mail: dgustafson@gustafsongluek.com csmith@gustafsongluek.com bresch@gustafsongluek.com - and - Kenneth A. Wexler, Esq. Amy E. Keller, Esq. WEXLER WALLACE LLP 55 West Monroe Street, Suite 3300 Chicago, IL 60603 Phone: (312) 346-2222 Fax: (312) 346-0022 E-mail: kaw@wexlerwallace.com aek@wexlerwallace.com - and - Simon B. Paris, Esq. Patrick Howard, Esq. SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 1650 Market Street, 52nd Floor Philadelphia, PA 19103 Phone: (215) 496-8282 Fax: (215) 496-0999 E-mail: sparis@smbb.com phoward@smbb.com - and - Patrick W. Michenfelder, Esq. THRONDSET MICHENFELDER, LLC Cornerstone Building One Central Avenue W., Suite 203 St. Michael, MN 55376 Phone: (763) 515-6110 Fax: (763) 226-2515 E-mail: pat@throndsetlaw.com LIFE PARTNERS: Fifth Circuit Appeal Filed in "Garner" Class Suit ---------------------------------------------------------------- Songul Atay, Individually and as Trustee of the Songul Atay Living Trust Dated 8/31/01, Stanley Dennis, Individually and as Custodian for D.D. UGMA/UTMA and A.D. UGMA/UTMA, Alford R. Deshields, Jenny L. Deshields, David Bryn George, Pillar Life Settlement Fund I, L.P., Pillar II Life Settlement Fund, L.P., Pillar 3 Life Settlement Fund, L.P., Pillar 4 Life Settlement Fund, L.P., Pillar 5 Life Settlement Fund, L.P., Evergreen Lifeplan Fund, L.P., Evergreen II Lifeplan Fund, L.P., Evergreen II Fund, L.L.C., and Black Diamond Lifeplan Fund, L.P., filed an appeal from a court ruling in the lawsuit styled Philip Garner, et al. v. Life Partners, Inc., et al., Case No. 4:16-CV-212, in the U.S. District Court for the Northern District of Texas, Fort Worth. The appellate case is captioned as Philip Garner, et al. v. Life Partners, Inc., et al., Case No. 16-11436, in the U.S. Court of Appeals for the Fifth Circuit. Appellees PHILIP M. GARNER, and all other similarly situated, CHRISTINE DUNCAN and STEVE SOUTH, as Trustee for, and on behalf of South Living Trust, are represented by: Keith L. Langston, Esq. LANGSTON LAW FIRM 109 W. Tyler Street Longview, TX 75601 Telephone: (903) 212-3922 Facsimile: (903) 212-3892 E-mail: klangston@langston-lawfirm.com - and - John C. Leininger, Esq. 5400 Lyndon B. Johnson Freeway Dallas, TX 75240 Telephone: (214) 377-0146 E-mail: jcl@sbbolaw.com - and - Jeffrey David Sternklar, Esq. DUANE MORRIS, L.L.P. 100 High Street Boston, MA 02110-1724 Telephone: (857) 488-4216 Appellees MICHAEL ARNOLD, JANET ARNOLD, DOCTOR JOHN S. FERRIS and LIFE PARTNERS, INCORPORATED, are represented by: David Mark Bennett THOMPSON & KNIGHT, L.L.P. 1722 Routh Street 1 Arts Plaza Dallas, TX 75201 Telephone: (214) 969-1700 E-mail: David.Bennett@tklaw.com Appellants SONGUL ATAY, Individually and as Trustee of the Songul Atay Living Trust Dated 8/31/01, STANLEY DENNIS, Individually and as Custodian for D.D. UGMA/UTMA and A.D. UGMA/UTMA, ALFORD R. DESHIELDS, JENNY L. DESHIELDS and DAVID BRYN GEORGE are represented by: Stephen Krosschell, Esq. GOODMAN & NEKVASIL, P.A. 14020 Roosevelt Boulevard Clearwater, FL 33762-0000 Telephone: (727) 524-8486 Appellants PILLAR LIFE SETTLEMENT FUND I, L.P., PILLAR II LIFE SETTLEMENT FUND, L.P., PILLAR 3 LIFE SETTLEMENT FUND, L.P., PILLAR 4 LIFE SETTLEMENT FUND, L.P., PILLAR 5 LIFE SETTLEMENT FUND, L.P., EVERGREEN LIFEPLAN FUND, L.P., EVERGREEN II LIFEPLAN FUND, L.P., and EVERGREEN II FUND, L.L.C., are represented by: Henry Jefferson LeForce, Esq. LEFORCE LAW, P.L.L.C. 4925 Greenville Avenue Dallas, TX 75206 Telephone: (214) 800-5196 Appellant BLACK DIAMOND LIFEPLAN FUND, L.P., is represented by: Brent Clark Perry, Esq. BURFORD PERRY, LLP 800 Commerce Street Houston, TX 77002-0000 Telephone: (713) 334-6628 E-mail: bperry@burfordperry.com LIFEENERGY LLC: Faces "Heffelfinger" Suit in E.D. Pa. ----------------------------------------------------- A class action lawsuit has been filed against LifeEnergy, LLC. The case is titled CINDY HEFFELFINGER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, the Plaintiff, v. LIFEENERGY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, the Defendant, Case No. 5:16-cv-05259-JFL (E.D. Penn., Oct. 5, 2016). The case is assigned to Hon. Judge Joseph F. Leeson, Jr. LifeEnergy provides energy products and services to residential homeowners as well as commercial businesses. The Plaintiff is represented by: Barry L. Cohen, Esq. ROYER COOPER COHEN BRAUNFELD LLC 101 W Elm St Ste 220 Conshohocken, PA 19428 Telephone: (484) 362 2628 Facsimile: (484) 362 2630 E-mail: bcohen@rccblaw.com LILIPUT INC: Does Not Properly Pay Workers, "Orellana" Suit Says ---------------------------------------------------------------- Wendell Orellana, as an individual and on behalf of all similarly situated employees v. Liliput, Inc. and Does 1 through 50, inclusive, Case No. BC636559 (Cal. Super. Ct., October 7, 2016), is brought against the Defendants for failure to pay overtime wages, failure to provide meal and rest periods or compensation in lieu thereof pursuant to the California Labor Code. Liliput, Inc. is a provider of residential landscape, installation, and maintenance services in the greater Los Angeles area. The Plaintiff is represented by: Kevin Mahoney, Esq. Treana Allen, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Blvd., Suite 814 Long Beach, CA 90802 Telephone: (562) 590-5550 Facsimile: (562) 590-8400 E-mail: kmahoney@mahoney-Iaw.net tallen@mahoney-Iaw.net LITTLE INDIA: Seeks 2nd Circuit Appeal in "Torralba" Class Suit --------------------------------------------------------------- Defendants Little India Stores Inc., Little India Grocery Inc., Sushma Gupta and Shipra Doe filed an appeal from a court ruling in the lawsuit titled Torralba v. Little India Stores Inc., Case No. 14-cv-595, in the U.S. District Court for the Southern District of New York (New York City). The appellate case is captioned as Torralba v. Little India Stores Inc., Case No. 16-3385, in the United States Court of Appeals for the Second Circuit. As previously reported in the Class Action Reporter, the Defendants filed a Second Circuit appeal from a ruling in the "Torralba" Case. That appellate case is assigned Case No. 16- 2833. Santiago Torralba, et al., filed the lawsuit on Jan. 31, 2014, alleging that, pursuant to the Fair Labor Standards Act, they are entitled to unpaid wages from the Defendants for their work, and for overtime work for which the Plaintiffs did not receive overtime pay. Plaintiffs-Appellees Santiago Torralba and Alejandro Zacatenco, On behalf of themselves and those similarly situated, are represented by: Joshua Adam Butnick, Esq. LAW OFFICE OF JOSHUA ADAM BUTNICK 40 Wall Street New York, NY 10005 Telephone: (212) 362-1197 E-mail: JButnick@Butnicklaw.com Defendants-Appellants Little India Stores Inc., Little India Grocery Inc., Sushma Gupta and Shipra Doe are represented by: Satish Kumar Bhatia, Esq. BHATIA & ASSOCIATES P.C. 38 West 32nd Street New York, NY 10001 Telephone: (212) 239-6898 E-mail: satishbhatiaus@yahoo.com MARYLAND: "Robinson" Suit v. DPSCS Claims Violation of FLSA ----------------------------------------------------------- MARY H. ROBINSON, 9 Whitecliff Court Windsor Mills, Maryland 21244 Resident of Baltimore County, Individually and on Behalf of Other Similarly Situated Employees v. MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES 300 E. Joppa Road Suite 1000 Towson, Maryland 21286 Serve: Brian E. Frosh, Esquire Attorney General St. Paul Plaza 200 St. Paul Place, Baltimore, Maryland 21202, Case No. 1:16-cv-03356-JFM (D. Md., October 6, 2016), seeks to recover unpaid wages, liquidated damages, interest, reasonable attorneys' fees and costs under the Fair Labor Standards Act and unpaid wages, treble damages, interest, reasonable attorneys' fees and costs under the Maryland Wage Payment and Collection Law. The MARYLAND DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES is a Maryland State government agency that performs a variety of functions including the operation of state prisons. The Plaintiff is represented by: George E. Swegman, Esq. Benjamin L. Davis, Esq. THE LAW OFFICES OF PETER T. NICHOLL 36 South Charles Street, Suite 1700 Baltimore, MD 21201 Phone: (410) 244-7005 Fax: (410) 244-8454 E-mail: gswegman@nicholllaw.com bdavis@nicholllaw.com MEGGITT-USA: Faces "Trout" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Brook Trout, an individual, on behalf of himself and others similarly situated v. Meggitt-USA Services, Inc., Case No. 2:16- cv-07520 (C.D. Cal., October 7, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Meggitt-USA Services, Inc. is an engineering company doing business in the County of Ventura, State of California. The Plaintiff is represented by: Michael L. Tracy, Esq., LAW OFFICES OF MICHAEL TRACY 2030 Main Street, Suite 1300 Irvine, CA 92614 Telephone: (949) 260-9171 Facsimile: (866) 365-3051 E-mail: MTRACY@MICHAELTRACYLAW.COM MICHIGAN: Court Dismisses "Heard" Inmates Suit ---------------------------------------------- Judge George Caram Steeh dismissed the case captioned LAMONT HEARD, et al., Plaintiffs, v. RICK SNYDER, et al., Defendants, Civil Action No. 2:16-cv-13452 (E.D. Mich.) without prejudice to the plaintiffs each filing individual complaints on their own behalf. 13 Michigan prisoners who were each convicted of first-degree murder filed a prisoner civil rights case under 42 U.S.C. section 1983. The plaintiffs challenged the constitutionality of M.C.L.A. 791.234(6), which precludes parole eligibility for persons convicted of first-degree murder, with the exception of defendants who were juveniles at the time of the offense. Although all 13 prisoners have filed separate applications to proceed in forma pauperis, Judge Steeh found that all of the applications are deficient because none include an authorization to withdraw from trust fund account, a signed certification of the plaintiff's prison trust account from an authorized jail official, and a current computerized trust fund account showing the history of the financial transactions in each of the plaintiff's institutional trust fund accounts for the past six months. Judge Steeh will also deny any request by the plaintiffs to file a class action suit because none of the plaintiffs can adequately protect the interests of the class. The judge noted that numerous cases have held that a prisoner proceeding pro se is inadequate to represent the interests of his or her fellow inmates in a class action. In light of the filing deficiencies in the case, the fact that the plaintiffs appear to be attempting to file a class action on behalf of the other plaintiffs, as well as the fact that the plaintiffs are incarcerated at separate facilities, Judge Steeh believed that the best course of action would be to dismiss the complaint without prejudice to the individual plaintiffs filing complaints on their own behalf. A full-text copy of Judge Steeh's October 5, 2016 opinion and order is available at https://is.gd/4WHosx from Leagle.com. MODERN METHOD: Certification of FLSA Class Sought in "Espinoza" --------------------------------------------------------------- In the lawsuit captioned JOSE ESPINOZA, Individually and On Behalf of Others Similarly Situated, the Plaintiff, v. MODERN METHOD GUNITE, INC., the Defendant, Case No. 4:16-cv-01279 (S.D. Texas), the parties ask the Court to enter an order for conditional certification of a class consisting of: "all individuals who were employed by MMG as laborers in its pebble division and were paid on a per job basis and worked in excess of 40 hours in a workweek during the last three years (Putative Class Members)". The Plaintiff alleges MMG paid its laborers a flat amount per job with no overtime pay for hours they worked over forty in a workweek. The Plaintiff alleges other employees are owed overtime for the same reasons, and therefore bring this case as a collective action under sections 216(b) of the Fair Labor Standards Act (FLSA). Modern Method specializes in gunite, pool finishes, and boulder creations. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8JEwD0Cg The Plaintiff is represented by: David I. Moulton, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877 8788 Facsimile: (713) 877 8065 E-mail: rburch@brucknerburch.com MONSANTO CO: Underfills Roundup Concentrate, Suit Claims -------------------------------------------------------- Courthouse News Service reported that Monsanto's Roundup Concentrate, which must be diluted, makes only half the amount advertised on the label, a class action claims in Riverside, Calif., Federal Court. MWH AMERICAS: Fails to Pay Employees Overtime, "Smith" Suit Says ---------------------------------------------------------------- Glenda Smith, individually and on behalf of all others similarly situated v. MWH Americas, Inc., Case No. 1:16-cv-02502 (D. Col., October 7, 2016), is brought against the Defendants for failure to pay overtime wages for hours worked in excess of 40 in a workweek. MWH Americas, Inc. provides engineering design and remediation, construction, procurement, program management, and technology services for the environmental, land, water, wastewater, energy, and power markets. The Plaintiff is represented by: Brian D. Smith, Esq. BRIAN D. SMITH, P.C. 4100 E. Mississippi Ave., Suite 1600 Denver, CO 80246 Telephone: (303) 523-0900 E-mail: bsmith@coloradopatents.com NAT'L COLLEGIATE: Disregards Student-Athletes' Health, Mason Says ----------------------------------------------------------------- Hagen Mason, individually and on behalf of all others similarly situated, Plaintiff, v. Conference USA and National Collegiate Athletic Association, Defendants, Case No. 1:16-cv-02660-RLY-MPB (S.D. Ind., October 5, 2016), seeks to obtain redress for all persons allegedly injured by Defendants' reckless disregard for the health and safety of generations of East Carolina University student-athletes. Defendant NCAA is the governing body of collegiate athletics that oversees 23 college sports and over 400,000 students who participate in intercollegiate athletics. The Plaintiff is represented by: Jeff Raizner, Esq. RAIZNER SLANIA LLP 2402 Dunlavy Street Houston, TX 77006 Phone: 713.554.9099 Fax: 713.554.9098 E-mail: jraizner@raiznerlaw.com - and - Jay Edelson, Esq. Benjamin H. Richman, Esq. EDELSON PC 350 North LaSalle Street, 13th Floor Chicago, IL 60654 Phone: 312.589.6370 Fax: 312.589.6378 E-mail: jedelson@edelson.com Brichman@Edelson.Com - and - Rafey S. Balabanian, Esq. EDELSON PC 123 Townsend Street San Francisco, CA 94107 Phone: 415.212.9300 Fax: 415.373.9435 E-mail: rbalabanian@edelson.com NATIONAL COLLEGIATE: "Mason" Sues Over Student-Athletes' Injuries ----------------------------------------------------------------- BRANDON MASON, individually and on behalf of all others similarly situated, v. THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION a/k/a THE NCAA, THE AMERICAN ATHLETIC CONFERENCE f/k/a THE BIG EAST CONFERENCE, THE ATLANTIC COAST CONFERENCE, and THE UNIVERSITY OF PITTSBURGH, Case No. 2:16-cv-01536-AJS (W.D. Penn., October 6, 2016), seeks to obtain redress for all persons injured by Defendants' alleged reckless disregard for the health and safety of University of Pittsburgh student athletes. Defendant American Athletic Conference, formerly the Big East, is a collegiate athletic governing body. The Plaintiff is represented by: W. Steven Berman, Esq. Hunter Shkolnik, Esq. Paul B. Maslo, Esq. Salvatore C. Badala, Esq. NAPOLI SHKOLNIK PLLC 400 Broadhollow Road, Suite 305 Melville, NY 11747 Phone: (212) 397-1000 E-mail: wsberman@napolilaw.com hunter@napolilaw.com pmaslo@napolilaw.com sbadala@napolilaw.com - and - Brittany Weiner, Esq. IMBESI LAW, P.C. 450 Seventh Avenue, Suite 1408 New York, NY 10123 Phone: (212) 736-00 E-mail: brittany@lawicm.com NATIONAL COLLEGIATE: "Shaffer" Seeks Redress for Student-Athletes ----------------------------------------------------------------- STEPHEN SHAFFER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. CAPITAL UNIVERSITY BOARD OF TRUSTEES, THE OHIO ATHLETIC CONFERENCE, AND THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION CASE NO. 1:16-CV-2673-TWP-DML (S.D. Ind., October 6, 2016), seeks to obtain redress for all persons allegedly injured by Defendants' reckless disregard for the health and safety of generations of Capital University student-athletes. Defendant Capital University Board of Trustees is a private, coeducational university. Defendant Ohio Athletic Conference is an unincorporated athletic association. The NCAA is the governing body of collegiate athletics, overseeing 23 college sports and over 400,000 participating student-athletes. The Plaintiff is represented by: Robert T. Dassow, Esq. HOVDE DASSOW & DEETS 10201 N. Illinois Street, Suite 500 Indianapolis, IN 46290 Phone: (317) 818-3100 Fax: (317) 818-3111 E-mail: rdassow@hovdelaw.com - and - Sol H. Weiss, Esq. David S. Senoff, Esq. One Logan Square 130 N. 18th Street, Suite 1600 Philadelphia, PA 19103 Phone: (215) 790-4550 Fax: (215) 875-7733 E-mail: sweiss@anapolweiss.com dsenoff@anapolweiss.com NATIONAL BEVERAGE: Faces "Dermody" Securities Class Action ---------------------------------------------------------- JOHN DERMODY, Individually and on Behalf of All Others Similarly Situated v. NATIONAL BEVERAGE CORP., NICK A. CAPORELLA, GREGORY P. COOK, and GEORGE R. BRACKEN, Case No. 2:16-cv-07487 (C.D. Cal., October 6, 2016), alleges violation of the Securities Exchange Act over financial reporting and disclosures. The Company, through its subsidiaries, develops, produces, markets, and sells a portfolio of flavored beverage products primarily in North America. The Plaintiff is represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Phone: (213) 785-2610 Fax: (213) 226-4684 E-mail: lrosen@rosenlegal.com NATIONAL INTERSTATE: Sued Over Proposed Sale to Great American -------------------------------------------------------------- John Solak, individually and on behalf of all others similarly situated v. Joseph E. Consolino, Ronald J. Brichler, I. John Cholnoky, Patrick J. Denzer, Gary J. Gruber, Donald D. Larson, Tony J. Mercurio, David W. Michelson, Norman L. Rosenthal, Donald W. Schwegman, Alan R. Spachman, National Interstate Corp., Great American Insurance Company, American Financial Group, Inc., and Gaic Alloy, Inc., Case No. 5:16-cv-02470-SL (N.D. Ohio, October 7, 2016), is an action for damages as a result of the Defendants' breaches of fiduciary duty in connection with the proposed acquisition of National Interstate by Great American through a flawed process and inadequate consideration. National Interstate Corp. and its subsidiaries operate as an insurance holding company that underwrites and sells traditional and alternative property and casualty insurance products to the passenger transportation, trucking and moving and storage industries, general commercial insurance to small businesses in Hawaii and Alaska, and personal insurance to owners of recreational vehicles throughout the United States. Great American Insurance Company is an Ohio corporation headquartered in Cincinnati that engages primarily in property and casualty insurance, focusing on specialized commercial products for businesses, and in the sale of traditional fixed and fixed- indexed annuities. The Plaintiff is represented by: Daniel R. Karon, Esq. Beau D. Hollowell, Esq. KARON LLC The Hoyt Block Building Ste. 200 700 West St. Clair Avenue Cleveland, OH 44113 Telephone: (216) 622-1851 Facsimile: (216) 241-8175 E-mail: dkaron@karonllc.com bhollowell@karonllc.com - and - Gregory M. Nespole, Esq. Gloria Kui Melwani, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue New York, NY 10023 Telephone: (212) 545-4600 - and - Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Telephone: (212) 971-1341 E-mail: jmonteverde@monteverdelaw.com NATIONSTAR MORTGAGE: Faces "Hodge" Suit Alleging Inflated Charges ----------------------------------------------------------------- JIMMIE HODGE and GLORIA HODGE, individually and on behalf of a class of similarly situated individuals, Plaintiffs, v. NATIONSTAR MORTGAGE HOLDINGS, INC. and BANK OF AMERICA, N.A., Defendants, Case No. 1:16-cv-01516-DAD-MJS (E.D. Cal., October 7, 2016), arises from the alleged systemic and improper collusion between Nationstar Mortgage Holdings, Inc. and Bank of America, N.A. to charge homeowners inflated amounts of principal on their mortgages. This practice allegedly results in homeowners being presented with unexpected "balloon payments" at the end of the life of their mortgage. Defendant Nationstar Mortgage Holdings, Inc., a Delaware corporation, is a residential mortgage loan servicing company, with its principal place of business in Coppell, Texas. Defendant Bank of America, N.A., a Delaware corporation, is a banking and financial services company. The Plaintiffs are represented by: Hank Bates, Esq. CARNEY BATES & PULLIAM, PLLC 519 West 7th Street Little Rock, AK 72201 Phone: (501) 312-8500 Fax: (501) 312-8505 E-mail: habtes@cbplaw.com - and - Brandon M. Haubert, Esq. WILSON & HAUBERT, PLLC 102 South Fulton Street, Suite B Clarksville, AL 72830 Phone: (479) 754-2512 E-mail: brandon@whlawoffices.com - and - John B. Thomas, Esq. Eric Grant, Esq. HICKS THOMAS LLP 8801 Folsom Boulevard, Suite 172 Sacramento, CA 95826 Phone: (916) 388-0833 Fax: (916) 691-3261 E-mail: jthomas@hicks-thomas.com grant@hicks-thomas.com NATURE COAST: Class Certification in "Torres" Suit Partly Granted ----------------------------------------------------------------- In the lawsuit styled ROXANNE TORRES, individually and on behalf of all similarly situated individuals, the Plaintiff, v. NATURE COAST HOME CARE LLC, the Defendant, Case No. 8:16-cv-01970-JSM-MAP (M.D. Fla.), the Hon. Judge James S. Moody, Jr. entered an order granting in part and denying in part Plaintiff's Motion for conditional class Certification and discovery. The Court conditionally certifies a class of all current and former home health aides employed by Nature Coast Home Care, LLC who were: "(1) employed at any time during the period of time from July 5, 2013, to January 1, 2015, and not paid overtime for any hours worked over 40 hours in a workweek and, in that same week that more than 40 hours were worked, more than 20 percent of the time was spent on general household work; and/or (2) employed at any time during the period of time from after January 1, 2015, up to and including the present, and not paid overtime for any hours worked over 40 hours in a workweek". The parties shall confer with respect to any remaining objections to certain provisions of the notice (to the extent not already addressed by the Court) and file a joint proposed notice within 14 days of this Order. If the parties are unable to agree on the details of the notice, they shall individually file a proposed notice for the Court's review during that same period of time. The Defendant shall provide Plaintiff within 14 days of this Order the full name, last known mailing address, any last known e-mail address, and dates of employment of each current of former employee who was or remains employed as a "home health aide" during the relevant periods of time. With respect to the discovery Torres seeks from Nature Coast, the Court agrees with Nature Coast that it should provide e-mail addresses only if it has an e-mail address on file. In other words, Nature Coast is under no duty to request an employee's email address at this time. The Court also agrees that Torres' request for the employee's job title is unnecessary because the class is limited to home health aides. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=1IyZZ8Au NAVIOS MARITIME: "Roberts" Suit Alleges Coercive Share Exchange --------------------------------------------------------------- NORMAN ROBERTS, on behalf of himself and all those similarly situated, Plaintiff, v. NAVIOS MARITIME HOLDINGS, INC., ANGELIKI N. FRANGOU, EFSTATHIOS LOIZOS, SPYRIDON MAGOULAS, GEORGE MALANGA, JOHN STRATAKIS, and SHUNJI SASADA, Defendants, Case No. 1:16-cv-07860 (S.D.N.Y., October 7, 2016), arises because the largest shareholder and board of directors of Holdings is allegedly trying to squeeze out the Company's preferred stockholders through highly coercive share exchange offers. NAVIOS MARITIME HOLDINGS, INC. is a dry-bulk shipping company. The Plaintiff is represented by: Mark Lebovitch, Esq. John Vielandi, Esq. David MacIsaac, Esq. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1251 Avenue of the Americas New York, NY 10020 Phone: (212) 554-1400 Fax: (212) 554-1444 E-mail: MarkL@blbglaw.com John.Vielandi@blbglaw.com David.MacIsaac@blbglaw.com NEW YORK: Court Certified Class with Modification in "Pfeffer" -------------------------------------------------------------- In the lawsuit captioned CLARICE PFEFFER, DULCE MALAGON, JUAN FERNANDEZ, MILYA SMOTRITSKIY, ELVIRA CARDONA, JULIO ADON, RAMON PERALTA and NATALIA CASTILLO PERALTA, Individually and on behalf of others similarly situated, the Plaintiffs, v. NEW YORK CITY DEPARTMENT OF FINANCE, and JACQUES JIHA et al., the Defendants, Case No. 1:15-cv-03547-RJD-LB (E.D.N.Y.), the Hon. Raymond J. Dearie entered an order granting Plaintiffs' motion for class certification -- with modifications and subject to objections from the parties. The separate motion of Ramon Alvarado and Maria Alomar to intervene in the case is also granted. The Court certified the following class: "all New York City residents with disabilities, as defined by the Americans with Disabilities Act, who are or will be eligible for the NYC Rent Freeze Program (RFP)". Objections to the Court's proposed class definition were due October 17 2016. According to Judge Dearie, while the Court can appreciate the strategic considerations that drive these motions, the Court question the necessity of now seeking certification and related relief. It is clear that the DOF acknowledges the presence of a real problem, as it has taken meaningful steps to amend the relevant rules and to alter its day-to-day policies in an effort to address plaintiffs' concerns. And whether they have succeeded or not, the approach has been programmatic and in favor of all participants rather than simply the named plaintiffs and proposed interveners. While it may be that the Court will eventually have to decide whether defendants have gone far enough, it seems more appropriate that the participants in this important conflict apply their specific expertise and sound judgment, and continue, with or without the assistance of the assigned Magistrate Judge, to close the gap that divides them and jointly author a sensible compromise that is sensitive to the needs and concerns of all parties. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=XFFe5deT PAYPAL: Makes Deductions from Costumer Accounts, Suit Says ---------------------------------------------------------- Courthouse News Service reported that PayPal and Wyndham Hotel Management make unauthorized deductions from customers' accounts, a class action claims in Los Angeles Federal Court. PELLA CORPORATION: Faces "Gowins" Suit in N.D. Ala. --------------------------------------------------- A class action lawsuit has been filed against Pella Corporation. The case is entitled Tony Gowins and Belinda Gowins, On behalf of themselves and on behalf of all similarly situated, the Plaintiff, v. Pella Corporation, An Iowa Corporation, the Defendant, Case No. 1:16-cv-01640-VEH (N.D. Ala., Oct. 5, 2016). The case is assigned to Hon. Judge Virginia Emerson Hopkins. Pella Corporation is a privately held window and door manufacturing company headquartered in Pella, Iowa, and with manufacturing and sales operations in a number of locations in the United States. The Plaintiffs are represented by: Eric D Hoaglund, Esq. MCCALLUM HOAGLUND COOK & IRBY LLP 905 Montgomery Highway, Suite 201 Vestavia Hills, AL 35216 Telephone: (205) 824 7767 Facsimile: (205) 824 7768 E-mail: ehoaglund@mhcilaw.com - and - K Edward Sexton, II, Esq. GENTLE TURNER SEXTON & HARBISON 501 Riverchase Parkway East, Suite 100 Hoover, AL 35244 Telephone: (205) 716 3000 Facsimile: (205) 716 3010 E-mail: esexton@gtandslaw.com POWER SOLUTIONS: Faces "Stout" Suit Over Misleading Fin'l. Report ----------------------------------------------------------------- Peter Stout, individually and on behalf of all others similarly situated v. Power Solutions International, Inc., Gary S. Winemaster, Daniel P. Gorey, and Michael P. Lewis, Case No. 1:16- cv-09599 (N.D. Ill., October 7, 2016), alleges that the Defendants made false and misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Power Solutions International, Inc. is a Delaware corporation that designs, engineers and manufactures emissions-certified, alternative-fuel power systems. The Plaintiff is represented by: Avi Wagner, Esq. THE WAGNER FIRM 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 491-7949 Facsimile: (310) 694-3967 E-mail: avi@thewagnerfirm.com - and - Mitchell B. Goldberg, Esq. John S. Monical, Esq. Peter E. Cooper, Esq. LAWRENCE, KAMIN, SAUNDERS & UHLENHOP, L.L.C 300 S. Wacker Drive, Suite 500 Chicago, IL 60606 Telephone: (312) 372-1947 Facsimile: (312) 372-2389 E-mail: mgoldberg@lksu.com jmonical@lksu.com pcooper@lksu.com PRIME HEALTHCARE: Dismissal of "Moran" Suit Reversed ---------------------------------------------------- The Court of Appeals of California, Fourth District, Division Three reversed the trial court's judgment of dismissal in the case captioned GENE MORAN, Plaintiff and Appellant, v. PRIME HEALTHCARE MANAGEMENT, INC., et al., Defendants and Respondents, No. G051391 (Cal.). Gene Moran filed a putative class action against Prime Healthcare Management, Inc., Prime Healthcare Services, Inc., Prime Healthcare Foundation, Inc., and Prime Healthcare Huntington Beach, LLC, stating causes of action for violation of the Unfair Competition Law (UCL), restitutionary relief under the Consumer Legal Remedies Act (CLRA), and declaratory relief. Each iteration of the complaint is based on allegations the rates defendants charge self-pay patients are discriminatory, exceed the reasonable value of the treatment, and are "artificially inflated and grossly excessive." Defendants demurred to the Moran's third amended complaint (TAC), arguing each of its counts failed to state a cause of action. The trial court sustained the demurrer without leave to amend, primarily concluding Moran had failed to allege sufficient facts to establish his standing to maintain the action. The defendants contended Moran cannot maintain his UCL cause of action because the hospital's variable pricing regimen has been legislatively endorsed. The appellate court concluded this argument has only partial merit, holding that the safe harbor doctrine, "does not . . . prohibit an action under the unfair competition law merely because some other statute on the subject does not, itself, provide for the action or prohibit the challenged conduct. The appellate court, however, concluded that the safe harbor doctrine applies to Moran's discriminatory pricing claim because the Business and Professions Code and the Unfair Practices Act permit the use of variable pricing. Thus, to the extent Moran alleges defendants violated the UCL by discriminatorily charging self-pay patients more than patients covered by government programs or private insurance, the appellate court found that Moran's argument fails. Moran's UCL cause of action sought recovery on all three grounds listed in Business and Professions Code section 17200. To support the "unlawful" prong, Moran alleged that the defendants' billing and collection practices "violate[d] the [CLRA] as set forth" in the TAC's second cause of action. However, to the extent Moran relied on purported violations of the CLRA premised on misrepresentation, the appellate court found that Moran's claim that the defendants' business practice is unlawful fails because he did not allege facts supporting a finding he actually relied on or could reasonably rely on any misrepresentation in seeking medical treatment at the defendants' hospital. The remaining basis cited by Moran for the "unlawful" prong of his UCL cause of action is that the Conditions of Admission Agreement's (Contract) financial liability provision is unconscionable. The Contracts Moran signed were pre-printed documents and the TAC alleged all emergency room patients must sign the same document before being treated. The appellate court found that these averments support a finding of procedural unconscionability. As for substantive unconscionability, the appellate court held that the price term of a contract can be the basis for relief. To the extent Moran alleged the financial liability provision of the defendants' Contract is unconscionable, the appellate court concluded he has sufficiently stated a cause of action under the unlawful prong of the UCL. The TAC enumerated several grounds supporting the "fraud" prong of Moran's UCL cause of action. However, the appellate court found that no basis exists to conclude Moran's complaint supports recovery under the UCL's fraud prong, because many of the alleged bases for Moran's fraud theory do not involve conduct that is likely to deceive a consumer or contradict the language of the Contracts he signed. As to Moran's claim under the "unfair" prong of the UCL, the appellate court found that Moran has established a basis for maintaining his UCL cause of action on the ground that the defendants' policy of billing self-pay patients the full amount of its charge description master rates was unfair because the amount sought was allegedly unconscionable. The appellate court also concluded that the trial court properly sustained the demurrer as to the allegations of misrepresentation. Because Moran failed to allege he read and relied on the signed Contracts or other representation by the defendants, the appellate court held that Moran lacks standing to maintain the CLRA cause of action on this basis. However, as to the allegation of Civil Code section 1770, subdivision (a)(19), declaring unlawful "[i]nserting an unconscionable provision in [a] contract," the appellate court concluded that Moran has stated a basis for maintaining the CLRA cause of action. The TAC's third count sought declaratory relief under Code of Civil Procedure section 1060. Since Moran in part sought injunctive relief to prohibit the defendants from future attempts to collect unconscionable amounts for his medical care, the appellate court concluded this issue is ripe for declaratory relief. In conclusion, the appellate court held that, while most of the claims asserted by Moran lack merit, he has nevertheless sufficiently alleged facts supporting a conclusion he has standing to claim that the amount of the charges the defendants' hospital bills self-pay patients is unconscionable. A full-text copy of the appellate court's October 5, 2016 opinion is available at https://is.gd/S7nGAa from Leagle.com. Law Office of Barry Kramer and Barry L. Kramer -- barry.kramer@lockelord.com -- Carpenter Law and Gretchen Carpenter for Plaintiff and Appellant. Shulman Hodges & Bastian, Ronald S. Hodges, Gary A. Pemberton and Heather B. Dillion for Defendants and Respondents. PROGRESSIVE DIRECT: Hallihan Appeals S.D. Ill. Ruling to 7th Cir. ----------------------------------------------------------------- Plaintiffs Michael Hallihan and Suzanne Hallihan filed an appeal from a court ruling in their lawsuit titled Suzanne Hallihan, et al. v. Progressive Direct Insurance Company, Case No. 3:15-cv- 01068-NJR-SCW, in the U.S. District Court for the Southern District of Illinois. As previously reported in the Class Action Reporter on Sept. 15, 2016, Judge Nancy J. Rosenstengel dismissed with prejudice the Case. On July 30, 2015, Suzanne and Michael Hallihan, on behalf of themselves and all others similarly situated, filed a three-count class action complaint against Progressive in the Circuit Court of St. Clair County, Illinois, alleging fraudulent misrepresentation and/or omission, unjust enrichment, and a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act in relation to Progressive's sale of policies containing minimum Underinsured Motorist (UIM) coverage. The Hallihans asserted that Progressive's minimum UIM coverage is "wholly illusory" since the coverage limits are equal to the bodily injury liability coverage required in Illinois. The appellate case is captioned as Suzanne Hallihan, et al. v. Progressive Direct Insurance Company, Case No. 16-3622, in the U.S. Court of Appeals for the Seventh Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript information sheet is due by October 20, 2016; and -- Appellants' brief is due on or before November 15, 2016, for Michael Hallihan and Suzanne Hallihan. Plaintiffs-Appellants SUZANNE HALLIHAN and MICHAEL HALLIHAN, on their own behalf and on behalf of all others similarly situated, are represented by: James J. Rosemergy, Esq. CAREY, DANIS & LOWE 8235 Forsyth Boulevard St. Louis, MO 63105 Telephone: (314) 725-7700 E-mail: jrosemergy@careydanis.com Defendant-Appellee PROGRESSIVE DIRECT INSURANCE COMPANY is represented by: Michael R. Nelson, Esq. SUTHERLAND ASBILL & BRENNAN 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 389-5000 E-mail: michael.nelson@sutherland.com PURE STORAGE: Faces "Delahooke" Lawsuit Over IPO Statements ----------------------------------------------------------- Mason Delahooke and Mahsa Shirazikia, individually and on behalf of all others similarly situated, Plaintiffs v. Pure Storage, Inc., Scott Dietzen, Timothy Riitters, Joh Colgrove, Mike Speiser, Aneel Bhusri, Mark Garrett, Anita M. Sands, Frank Slootman, Michaelangelo Volpi, Greylock XIII Limited Partnership, Greylock XIII Principals LLC, GREYLOCK XIII-A Limited Partnership, Greylock XIII GP LLC, Sutter Hill Ventures, Redpoint Associates IV, LLC, Redpoint Ventures IV, L.P., Morgan Stanley & Co. LLC, Goldman, Sachs & CO., Barclays Capital Inc., Allen & Company LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Pacific Crest Securities, Stifel, Nicolaus & Company, Incorporated, Raymond James & Associates, Inc., Evercore Group LLC and Does 1 Through 25, Inclusive, Defendants, Case No. 16 CIV 01736, alleges that Defendants signed false and misleading Registration Statement used to conduct Pure Storage's Initial Public Offering, in violation of the U.S. Securities and Exchange Act. Pure Storage, Inc. is a manufacturer and purveyor of all-flash data storage systems, predominately to mid-size and large enterprise customers. The Plaintiffs are represented by: Francis A. Bottini, Jr., Esq. Albert Y. Chang, Esq. Yury A. Kolesnikov, Esq. BOTTINI & BOTTINI, INC. 7817 Ivanhoe Avenue, Suite 102 La Jolla, CA 92037 Phone: (858) 914-2001 Fax: (858) 914-2002 E-mail: fbottini@bottinilaw.com achang@bottinilaw.com ykolesnikov@bottinilaw.com RAPTOR PHARMACEUTICAL: Lavrenov Challenges Horizon Pharma Merger ---------------------------------------------------------------- Roman Lavrenov, on behalf of himself and all others similarly situated, Plaintiff, v. Raptor Pharmaceutical Corp., Misneach Corporation, Horizon Pharma PLC, Raymond W. Anderson, Suzanne L. Bruhn, Richard L. Franklin, Georges Gemayel, Llew Keltner, Gregg Lapointe, Julie Anne Smith, Christopher M. Starr, Defendants, Case 1:16-cv-00901-UNA (D. Del., October 5, 2016), is a securities suit that seeks to enjoin the expiration of a tender offer on a proposed transaction, pursuant to which Raptor will be acquired by Horizon Pharma Public Limited Company and Misneach Corporation. Raptor Pharmaceutical Corp. is a biopharmaceutical company. Plaintiff is represented by: Brian D. Long, Esq. Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. Jeremy J. Riley, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Phone: (302) 295-5310 Fax: (302) 654-7530 - and - Evan J. Smith, Esq. Marc L. Ackerman, Esq. Two Bala Plaza, Suite 510 BALA CYNWYD, PA 19004 Phone: (610) 667-6200 Fax: (610) 667-9029 RAPTOR PHARMACEUTICAL: Faces "Jordan" Suit Over Horizon Merger -------------------------------------------------------------- JESSE JORDAN, individually and on behalf of all others similarly situated, Plaintiffs, v. RAPTOR PHARMACEUTICAL CORP., JULIE ANNE SMITH, CHRISTOPHER M., STARR, RAYMOND W. ANDERSON, SUZANNE L. BRUHN, RICHARD L., FRANKLIN, GEORGES GEMAYEL, LLEW KELTNER, and GREGG LAPOINTE, Defendants, Case No. 1:16-cv-00913-UNA (D. Del., October 7, 2016), alleges violations of the U.S. Securities and Exchange Act in connection with a planned merger with Horizon Pharma plc and Misneach Corporation. Raptor is a biopharmaceutical company that develops therapies treating rare debilitating and often fatal diseases like cystinosis, Huntington's disease, and Cystic Fibrosis. The Plaintiff is represented by: Shane T. Rowley, Esq. LEVI & KORSINSKY, LLP 733 Summer Street, Suite 304 Stamford, CT 06901 Phone: (212) 363-7500 - and - Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Phone: (302) 295-5310 Fax: (302) 654-7530 Email: sdr@rl-legal.com Email: bdl@rl-legal.com Email: gms@rl-legal.com RCP AMERICA: Faces "Allen" Suit in Middle District of Florida ------------------------------------------------------------- A class action lawsuit has been filed against RCP America, Inc. The case is captioned Kevin Allen, on behalf of himself and on behalf of all others similarly situated, the Plaintiff, v. RCP America, Inc., and Michael D. Lamb, individually, the Defendants, Case No. 8:16-cv-02844-VMC-AEP (M.D. Fla., Oct. 5, 2016). The case is assigned to Hon. Judge Virginia M. Hernandez Covington. RCP is doing business in motor vehicle parts and accessories industry. The Plaintiff is represented by: Donna V. Smith, Esq. 1110 N Florida Ave Ste 300 WENZEL FENTON CABASSA, PA Tampa, FL 33602-3343 Telephone: (813) 224 0431 Facsimile: (813) 229 8712 E-mail: dsmith@wfclaw.com RENO'S INC: Downard Seeks to Certify Class of Servers, Bartenders ----------------------------------------------------------------- The Plaintiffs in the lawsuit entitled JULIA DOWNARD and VALORIE WASHBURN, On Behalf Of Themselves And All Others Similarly Situated v. RENO'S, INC., RENO'S MANAGEMENT, INC., RENO'S EAST, INC., RENO'S NORTH, INC., RENO'S WEST, INC.; all doing business as "Reno's Sports Bar & Grill," and JESSIE STIPCAK, Case No. 1:16-cv- 00927-PLM-PJG (W.D. Mich.), move the Court, pursuant to Section 16(b) of the Fair Labor Standards Act, for entry of an order: (1) conditionally certifying an FLSA Collective defined as: Any individual who worked as a server and/or bartender at any Reno's Sports Bar & Grill located in Lansing or East Lansing, Michigan at any time in the past three (3) years (the proposed "Collective"); (2) approving the Plaintiffs' proposed notice and consent forms for dissemination to members of the proposed Collective via US Mail and e-mail; (3) requiring the Defendants to identify all putative members of the proposed Collective by providing their names, last known addresses, dates and locations of employment, job titles, phone numbers, and email addresses in computer-readable and searchable format, e.g., a Microsoft Excel spreadsheet, within 14 days of the entry of the order; (4) giving putative members of the Collective 60 days from the date the Court-approved notice and consent forms are mailed to join this case if they so choose; and (5) requiring that throughout the 60-day notice period requested herein, the Defendants must post the Plaintiffs' proposed notice in each Reno's Sports Bar & Grill location in a place likely to be viewed by employees and make consent forms available to putative Collective members. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ks5Pv6tL The Plaintiffs are represented by: Nicholas R. Conlon, Esq. Jason T. Brown, Esq. JTB LAW GROUP, LLC 155 2nd St., Suite 4 Jersey City, NJ 07302 Telephone: (877) 561-0000 Facsimile: (855) 582-5297 E-mail: Nicholasconlon@jtblawgroup.com jtb@jtblawgroup.com - and - Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 E-mail: jyoung@sommerspc.com The Defendants are represented by: Jeffrey S. Donahue, Esq. Colline DeVries-Burd, Esq. WHITE SCHNEIDER YOUNG & CHIODINI PC 2300 Jolly Oak Dr. Okemos, MI 48864-4597 Telephone: (517) 349-7744 E-mail: jdonahue@whiteschneider.com cdevries-burd@whiteschneider.com RJ REYNOLDS: Dismissal of Employment Applicant's Suit Upheld ------------------------------------------------------------ The United States Court of Appeals, Eleventh Circuit affirmed in part the dismissal of the case captioned RICHARD M. VILLARREAL, on behalf of himself and all others similarly situated, Plaintiff- Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, PINSTRIPE, INC., Defendants-Appellees, No. 15-10602 (11th Cir.). Richard Villarreal brought a collective action against R.J. Reynolds Tobacco Company and Pinstripe, Inc. under the Age Discrimination in Employment Act on behalf of "all applicants for the Territory Manager position who applied for the position since the date RJ Reynolds began its pattern or practice of discriminating against applicants over the age of 40 . . . ; who were 40 years of age or older at the time of their application; and who were rejected for the position." The complaint alleged two counts: disparate treatment under section 4(a)(1) of the Act and disparate impact under section 4(a)(2) of the Act. In anticipation of an objection of untimeliness, Villarreal also alleged facts to support equitable tolling of the limitations period that governed his complaint. R.J. Reynolds and Pinstripe moved to dismiss Villarreal's complaint in part. They moved to dismiss the disparate-impact count on the ground that section 4(a)(2) does not give a cause of action to applicants, and they moved to dismiss as untimely the parts of both counts based on the Villareal's 2007 application for a position as territory manager at R.J. Reynolds. The district court dismissed the disparate-impact count and the untimely parts of both counts. After the district court denied Villareal's motion for leave to amend the complaint, Villareal later moved to dismiss the remaining parts of the complaint, and the district court dismissed them with prejudice. The Eleventh Circuit, however, affirmed the dismissal of the claim of disparate impact, and affirmed in part the dismissal of the claim of disparate treatment and the denial of leave to amend the complaint. The Eleventh Circuit concluded that the whole text of the Act makes clear that an applicant for employment cannot sue an employer for disparate impact because the applicant has no "status as an employee." The appellate court also concluded that Villarreal is not entitled to equitable tolling of his claim of disparate treatment because he admitted facts that establish that he did not diligently pursue his rights. The case was remanded for the panel to address the remaining issue about whether the continuing-violation doctrine makes Villarreal's claim of disparate treatment timely. A full-text copy of the Eleventh Circuit's October 5, 2016 ruling is available at https://is.gd/R6qaMY from Leagle.com. Plaintiff-Appellant is represented by Daniel Benjamin Kohrman, James Michael Finberg -- jfinberg@altshulerberzon.com -- Kristina M. Jones, John J. Almond -- jalmond@rh-law.com -- Christine Back, Donna J. Brusoski, Michael L. Eber -- meber@rh-law.com -- Patrick Casey Pitts -- cpitts@altshulerberzon.com -- Joshua G. Konecky -- jkonecky@schneiderwallace.com -- Mark T. Johnson -- mjohnson@winthrop.com -- Sarah R. Schalman-Bergen -- sschalman- bergen@bm.net -- Shanon Jude Carson -- scarson@bm.net -- Todd M. Schneider -- toddschneider@paulhastings.com Defendant-Appellee is represented by Alison B. Marshall -- abmarshall@jonesday.com -- Rae Thiesfield Vann, Deborah A. Sudbury -- dsudbury@jonesday.com -- Nikki Lynn McArthur -- nmcarthur@jonesday.com -- Eric S. Dreiband -- esdreiband@jonesday.com -- Christina I. Swarns, Ze-wen Julius Chen -- chenj@akingump.com -- Hyland Hunt, Mark J. Girouard -- mgirouard@nilanjohnson.com -- Joseph George Schmitt, Donald R. Livingston -- dlivingston@akingump.com -- Patrick David Lopez, Anthony J. Dick -- ajdick@jonesday.com SABSON LLC: Faces "Guzman" Lawsuit Under FLSA, NY Labor Laws ------------------------------------------------------------ GUARINO LEON GUZMAN and ELIDETH MENDOZA HERRERA, individually and on behalf of others similarly situated, Plaintiffs, v. SABSON LLC (d/b/a BYBLOS RESTAURANT), SONYA KACHOUH, and SABEH KACHOUH, Defendants, Case No. 1:16-cv-07871 (S.D.N.Y., October 7, 2016), seeks unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act, N.Y. Labor Law, and the "spread of hours" and overtime wage orders of the New York Commissioner of Labor. Defendants own, operate, or control a Middle Eastern restaurant located at 80 Madison Avenue, New York, New York 10016 under the name Byblos Restaurant. The Plaintiffs are represented by: Michael A. Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 2540 New York, NY 10165 Phone: (212) 317-1200 Fax: (212) 317-1620 SAMSUNG ELECTRONICS: "Stine" Alleges Fraud for 2014-2016 TVs ------------------------------------------------------------ MARLETTA STINE, on behalf of herself and those similarly situated, v. SAMSUNG ELECTRONICS AMERICA, INC., Case No. 2:16-at-01252 (E.D. Cal., October 6, 2016), alleges that Samsung misrepresented the energy efficiency of its (i) 2014 to 2016 televisions that are (ii) 4K / UHD or ENERGY STAR(R) certified and (iii) have a screen size of 32 inches or greater. SAMSUNG ELECTRONICS AMERICA, INC. is one of the world's manufacturers of consumer electronics and home appliances. The Plaintiff is represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Boulevard, Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Fax: (925) 407-2700 E-mail: ltfisher@bursor.com - and - Scott A. Bursor, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Phone: (212) 989-9113 Fax: (212) 989-9163 E-mail: scott@bursor.com SAN FRANCISCO, CA: Suit Over Cash Bail System May Proceed --------------------------------------------------------- Maria Dinzeo, writing for Courthouse News Service, reported that a federal judge in Oakland, Calif., refused to toss a constitutional challenge to San Francisco's cash bail system, saying a class of pretrial detainees can pursue a 14th Amendment claim against San Francisco County Sheriff Vicki Hennessy. U.S. District Yvonne Gonzalez Rogers dismissed only part of a putative class action claiming the city and county of San Francisco unconstitutionally criminalizes poverty by jailing poor arrestees because they can't afford to post bail. The judge nixed the claim for monetary damages against the county but kept the equal protection and due process claims in place. The lawsuit was brought by two women arrested in October 2015 -- Riana Buffin, 19, and Crystal Patterson, 29 -- Buffin on suspicion of grand theft and Patterson on suspicion of assault. Both were released without charges after spending several days behind bars because neither could afford bail: Buffin's bond was set at $30,000, Patterson's at $150,000. Gonzalez Rogers found the county immune from money damages under the 11th Amendment since the county sheriff is actually a state actor. But she ruled that the plaintiffs can still pursue a 14th Amendment violation claim against Hennessy. However, to the extent plaintiffs seek declaratory or injunctive relief against the sheriff for her allegedly unconstitutional conduct, the sole claim of violation of plaintiffs' 14th Amendment rights may proceed against her, Gonzalez-Rogers wrote. She also threw out the class' claim against California Attorney General Kamala Harris, rejecting their argument that 11th Amendment sovereign immunity protections do not insulate Harris from a potential injunction to bar her from enforcing an unconstitutional law. The plaintiffs had cited Ex Parte Young, an 11th Amendment immunity-from-suit exemption that applies when a state official has some connection with enforcing the law, saying it applies because Harris enforces the bail system to the extent that she can prosecute those who violate it. Gonzalez Rogers disagreed, writing, "The generic notion that the attorney general can assist a district attorney in prosecuting crimes or enforcing the Penal Code is too remote to the function challenged in the [third amended complaint]. Thus plaintiffs have failed to allege a 'fairly direct' connection between the attorney general's actions or authority and plaintiffs' claims." Andrea Guzman with the San Francisco City Attorney's Office said the city is "pleased with the court's decision and evaluating our next steps." Phil Telfeyan with the Equal Justice Initiative, who represents Buffin and Patterson, also called the ruling a victory. "It allows our claims against San Francisco's wealth-based detention scheme to move forward, and it requires Sheriff Hennessy to state her official position regarding the unfairness of money bail," he said in an email. "Most importantly, the decision allows the class' claims for declaratory and injunctive relief to move forward. We trust that Sheriff Hennessy will continue to recognize the inherent inequality in a system that frees the rich and jails the poor." The federal lawsuit is one of two putative class actions against the monetary bail system in California. The other case is led by 50 year-old Gary Welchen in Sacramento and names Harris as a defendant. Welchen, who is homeless, was arrested for burglary in January and held on a $10,000 bond. U.S. District Judge Troy Nunley in Sacramento dismissed Welchen's equal protection claim earlier this month, but unlike Gonzalez Rogers found that Harris isn't immune from suit under the Ex Parte Young exception. Of that part of the ruling, Telfeyan said "that success in the case could reverberate across the state." He added, "We will continue to litigate both cases aggressively to prove that money bail discriminates based on wealth-status, creating two separate systems of justice: one for the rich and another for people who are poor. Jailing people simply because they are too poor to afford money bail offends basic principles of fairness that are deeply rooted in our society." The case is captioned, RIANA BUFFIN, et al., Plaintiffs, v. THE CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants, Case No. 15-cv-04959-YGR (N.D. Cal.). SANTA MONICA, CA: Judge Mulls Stay of Suit Over Home Sharing Laws ----------------------------------------------------------------- In the lawsuit titled ARLENE ROSENBLATT, the Plaintiff, v. CITY OF SANTA MONICA and THE CITY COUNCIL OF SANTA MONICA, the Defendants, Case No. 2:16-CV-04481-ODW-AGR (C.D. Cal.), three motions are pending before the District Court: Plaintiff's Motion to Certify the Class (ECF No. 19), Plaintiff's Motion for a Preliminary Injunction (ECF No. 20), and Defendants' Motion to Dismiss (ECF No. 26). It came to the Court's attention that proposed amendments to Santa Monica Municipal Code Chapter 6.20 "Home Sharing and Vacation Rentals" are pending and will be considered during the City Council of Santa Monica's November 22, 2016, meeting. According to United States District Judge Hon. Otis D. Wright II, in light of the fact that amendments to the contested ordinance could, if adopted, render the lawsuit moot: "on or before October 21, 2016, each party shall submit a supplemental brief as to why the Court should not stay the entire case pending resolution of the proposed changes to the Ordinance. Each brief shall not exceed ten pages." In addition, the Court deems the pending Motions appropriate for decision without oral argument. Accordingly, the Motions are taken Under Submission and the hearings are vacated. A copy of the Order dated Oct. 6 is available at no charge at http://d.classactionreporternewsletter.com/u?f=QK52zCWC SCOTTRADE INC: Eighth Circuit Appeal Filed in "Lewis" Class Suit ---------------------------------------------------------------- Plaintiff Nicholas Lewis filed an appeal from an order and judgment, both dated August 29, 2016, entered in the lawsuit styled Nicholas Lewis v. Scottrade, Inc., Case No. 4:15-cv-01255- JAR, in the U.S. District Court for the Eastern District of Missouri - St. Louis. The appellate case is captioned as Nicholas Lewis v. Scottrade, Inc., Case No. 16-3808, in the United States Court of Appeals for the Eighth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Brief of appellant Nicholas Lewis is due on November 14, 2016; -- Appellee brief is due 30 days from the date the Court issues the Notice of Docket Activity filing the brief of appellant; and -- Appellant reply brief is due 14 days from the date the Court issues the Notice of Docket Activity filing the appellee brief. Plaintiff-Appellant Nicholas Lewis, on Behalf of Himself and All Others Similarly Situated, is represented by: Timothy G. Blood, Esq. Paula R. Brown, Esq. Leslie E. Hurst, Esq. Thomas Joseph O'Reardon, II, Esq. BLOOD HURST & O'REARDON LLP 701 B Street, Suite 1700 San Diego, CA 92101 Telephone: (619) 338-1100 Facsimile: (619) 338-1101 E-mail: tblood@bholaw.com proach@bholaw.com lhurst@bholaw.com toreardon@bholaw.com - and - Leonid Kandinov, Esq. Ashley R. Rifkin, Esq. Brian J. Robbins, Esq. Kevin A. Seely, Esq. ROBBINS ARROYO LLP 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 E-mail: lkandinov@robbinsarroyo.com arifkin@robbinsarroyo.com brobbins@robbinsarroyo.com kseely@robbinsarroyo.com Defendant-Appellee Scottrade, Inc., is represented by: Brandi L. Burke, Esq. Thomas Edward Douglass, Esq. Christopher Martin Hohn, Esq. THOMPSON & COBURN LLP One US Bank Plaza 505 N. Seventh Street Saint Louis, MO 63101-1693 Telephone: (314) 552-6000 E-mail: bburke@thompsoncoburn.com tdouglass@thompsoncoburn.com chohn@thompsoncoburn.com - and - Helen Byungsun Kim, Esq. THOMPSON & COBURN LLP 2029 Century Park East Los Angeles, CA 90067 Telephone: (310) 282-2500 E-mail: hkim@thompsoncoburn.com SENEX LAW: Faces "Crawford" Suit in Western District of Virginia ---------------------------------------------------------------- A class action lawsuit has been filed against Senex Law, P.C. The case is styled Teri Crawford, Garry Brown, Lydia Green, Loretta Pennington, and Patricia Saunders, individually and on behalf of all persons similarly situated, the Plaintiff, v. Senex Law, P.C., the Defendant, Case No. 3:16-cv-00073-GEC (W.D. Va., Oct. 5, 2016). The case is assigned to Hon. District Judge Glen E. Conrad. Senex Law is a law firm company. The Plaintiffs are represented by: Brenda Erin Castaneda, Esq. Kimberly Anne Rolla, Esq. Simon Y. Sandoval-Moshenberg, Esq. LEGAL AID JUSTICE CENTER 1000 Preston Ave., Suite A Charlottesville, VA 22903 Telephone: (434) 977 0553 Facsimile: (434) 977 0558 E-mail: brenda@justice4all.org kim@justice4all.org simon@justice4all.org - and - David W. Thomas, Esq. Edward Kyle McNew, Esq. Michael Bryan Slaughter, Esq. MICHIE, HAMLETT, LOWRY, RASMUSSEN & TWEEL, PLLC P.O. Box 298 Charlottesville, VA 22902 Telephone: (434) 951 7200 Facsimile: (434) 951 7244 E-mail: dthomas@michiehamlett.com kmcnew@michiehamlett.com bslaughter@michiehamlett.com SHERIDAN PRODUCTION: Whisenant Appeals From W.D. Oklahoma Ruling ---------------------------------------------------------------- Plaintiff Tony R. Whisenant filed an appeal from a court ruling in the lawsuit titled Whisenant v. Sheridan Production Company, Case No. 5:15-CV-00081-M, in the United States District Court for the Western District of Oklahoma - Oklahoma City. As previously reported in the Class Action Reporter on Oct. 14, 2016, District Judge Vicki Miles-LaGrange denied the Plaintiff's renewed motion to remand the Case. The Action was filed on December 16, 2014, in the District Court of Beaver County, State of Oklahoma, and stems from the Plaintiff's allegations of the Defendant's prior underpayment or non-payment of royalties owed to the Plaintiff on natural gas and/or constitutes of the gas stream produced from wells in Beaver County, Oklahoma. The appellate case is captioned as Whisenant v. Sheridan Production Company, Case No. 16-606, in the United States Court of Appeals for the Tenth Circuit. According to the briefing schedule in the Appellate Case, miscellaneous response is due on October 17, 2016, for Sheridan Production Company, LLC. Petitioner TONY R. WHISENANT, on behalf of himself and all others similarly situated, is represented by: Michael Grant, Esq. MUSSER KOURI BENTWOOD & GRANT 114 East Sheridan Avenue, Suite 102 Oklahoma City, OK 73104 Telephone: (405) 840-4357 - and - Ryan C. Hudson, Esq. BERKOWITZ OLIVER WILLIAMS SHAW & EISENBRANDT 2600 Grand Boulevard, Suite 1200 Kansas City, MO 64108 Telephone: (816) 531-7007 E-mail: rhudson@berkowitzoliver.com - and - Rex Sharp, Esq. Rex A. Sharp, P.A. 5301 West 75th Street Prairie Village, KS 66208 Telephone: (913) 901-0500 E-mail: rsharp@midwest-law.com Respondent SHERIDAN PRODUCTION COMPANY, LLC, is represented by: John J. Griffin, Jr., Esq. Erin Potter Sullenger, Esq. L. Mark Walker, Esq. CROWE & DUNLEVY 324 North Robinson Avenue, Suite 100 Oklahoma City, OK 73102 Telephone: (405) 235-7700 Facsimile: (405) 272-5225 E-mail: john.griffin@crowedunlevy.com erinpotter.sullenger@crowedunlevy.com mark.walker@crowedunlevy.com SIMPLEXGRINNELL LP: Doesn't Properly Pay Employees, Suit Claims --------------------------------------------------------------- Bert Rodriguez, John E. Born, Scott Belger, Edward Schneider, Oscar Lopez, Dominic Schartner, Marcus Pioro, Christopher Martin, Terry Kimes, Robert Ferraren, David Braun, Jasem Askar, Andrew Kamin, Mark Godawski, Jose Ochoa, Ray Suckash, and William Carpenter v. SimplexGrinnell LP, a Delaware limited partnership, d/b/a Tyco SimplexGrinnell, Case No. 1:16-cv-09605 (N.D. Ill., October 7, 2016), is brought against the Defendants for failure to pay prevailing wages and fringe benefits in violation of the Illinois Prevailing Wage Act. The Plaintiffs bring the action, individually and on behalf of all other persons similarly situated who are or were employed by SimplexGrinnell LP with respect to public works projects. SimplexGrinnell LP specializes in active fire protection systems, communication systems and testing, inspection and maintenance services. The Plaintiff is represented by: David L. Lee, Esq. Jennifer Claire Weiss, Esq. LAW OFFICES OF DAVID L. LEE 542 S. Dearborn St., Suite 660 Chicago, IL 60605 Telephone: (312) 347-4400 E-mail: d-lee@davidleelaw.com jcweiss@davidleelaw.com - and - Bruce E. Menken, Esq. Jason J. Rozger, Esq. BERANBAUM MENKEN LLP 80 Pine St., 33rd Floor New York, NY 10005 Telephone: (212) 509-1616 E-mail: bmenken@nyemployeelaw.com jrozger@nyemployeelaw.com SJG FOODS: "Martinez et al." Claim FLSA, NY Labor Law Violation --------------------------------------------------------------- ARMANDO MARTINEZ, DIEGO FABIAN, COCHA GAONA, GABRIEL GARCIA, JERONIMO RIVERA, and LUIS ALBERTO, BOTZOTZ QUINO, individually and on behalf of others similarly situated, Plaintiffs, v. SJG FOODS LLC (d/b/a BENARES) (f/k/a BALUCHI'S), TRIBECA RESTAURANT LLC (d/b/a BENARES), (f/k/a BALUCHI'S) RAKESH AGGARWAL, INDER SINGH, GURVINDER SAHNI, RANJIT SINGH, YOGEETA SAHNI, and SUKHDEV SINGH, Defendants, Case No. 1:16-cv-07890 (S.D.N.Y., October 9, 2016), seeks to recoup alleged unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act, and the New York Labor Law. Defendants own, operate, or control two Indian restaurants. The Plaintiffs are represented by: MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 2540 New York, NY 10165 Phone: (212) 317-1200 Fax: (212) 317-1620 SNJ MANAGEMENT: Faces "Chenault" Suit Alleging Violation of FLSA ---------------------------------------------------------------- CHARLES CHENAULT, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. SNJ MANAGEMENT COMPANY, MODRAK INVESTMENT CORPORATION, SHER LAKES, LLC, SHERALINA, LLC, SHERICA, LLC, WILBROOKE, LLC, LOWELL, INC., SHERRI MODRAK, WILLIAM MODRAK, JEFF TEMPLIN and NIKKI TEMPLIN, Defendants, Case No. 2:16-cv-00432 (N.D. Ind., October 7, 2016), seeks to recover alleged unpaid minimum and overtime wages, liquidated damages, costs, and attorneys' fees for violation of the Fair Labor Standards Act. SNJ Management Company is an Indiana for-profit domestic Corporation headquartered at 8868 Louisiana Street, Merrillville, IN 46410. The Plaintiff is represented by: Robert A. Hicks, Esq. MACEY SWANSON AND ALLMAN 445 N. Pennsylvania St., Ste. 401 Indianapolis, IN 46204 Phone: (317) 637-2345 Fax: (317) 637-2369 E-mail: rhicks@MaceyLaw.com - and - Jason T. Brown, Esq. Nicholas Conlon, Esq. JTB LAW GROUP, LLC 155 2nd Street, Suite 4 Jersey City, NJ 07302 Phone: (201) 630-0000 Fax: (855) 582-5297 E-mail: jtb@jtblawgroup.com nicholasconlon@jtblawgroup.com SOLARCITY CORP: "Nuckols" Suit Alleges Securities Act Violation --------------------------------------------------------------- GEORGE NUCKOLS, Individually and on Behalf of All Others Similarly Situated, Plaintiff, vs. SOLARCITY CORPORATION, LYNDON R. RIVE, BRAD W. BUSS, and TANGUY SERRA, Defendants, Case No. 3:16-cv- 05806-HSG (N.D. Cal., October 7, 2016), alleging violation of the U.S. Securities and Exchange Act, asserts that Defendants made false and misleading statements or failed to disclose that: (i) demand for the Company's products was weakening; (ii) the Company was concealing the weakening demand from investors; and (iii) as a result of these, Defendants' statements about SolarCity's business, operations, and prospects, were false and misleading or lacked a reasonable basis. Due to the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, Plaintiff and other Class members have suffered significant losses and damages. SolarCity provides solar energy systems for commercial and residential use. The Company sells solar energy systems directly to customers, and offers financing. SolarCity also sells solar power lease contracts whereby the Company absorbs the cost of the solar panels and installation, but charges the customer for the power produced by the solar energy system. The Plaintiff is represented by: Jennifer Pafiti, Esq. POMERANTZ LLP 468 North Camden Drive Beverly Hills, CA 90210 Phone: (818) 532-6499 E-mail: jpafiti@pomlaw.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, 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 E-mail: ahood@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP Ten 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 Email: peretz@bgandg.com SOUTHERN INDUSTRIAL: "Rule" Suit Seeks to Recover Unpaid Wages -------------------------------------------------------------- Shannon Rule and Karina Esquivel, on behalf of themselves and all others similarly situated v. Southern Industrial Mechanical Maintenance Company, LLC, Case No. 5:16-cv-01408 (W.D. Lo., October 7, 2016), seeks to recover unpaid wages and overtime, liquidated damages, and attorney's fees and costs pursuant to the Fair Labor Standards Act. Southern Industrial Mechanical Maintenance Company, LLC provides mechanical and industrial construction and maintenance services throughout the Southeastern United States. The Plaintiff is represented by: Christopher L. Williams 639 Loyola Ave., Suite 1850 New Orleans, LA 70113 Telephone: (504) 308-1438 Facsimile: (504) 308-1446 E-mail: chris@williamslitigation.com - and - Jody Forester Jackson, Esq. Mary Bubbett Jackson, Esq. JACKSON+JACKSON 201 St. Charles Avenue, Suite 2500 New Orleans, LA 70170 Telephone: (504) 599-5953 Facsimile: (888) 988-6499 E-mail: jjackson@jackson-law.net mjackson@jackson-law.net STATE FARM: Files Another 8th Cir. Appeal in "Stuart" Suit ---------------------------------------------------------- Defendant State Farm Fire and Casualty Company filed an appeal from a court ruling in the lawsuit styled James Stuart, et al. v. State Farm Fire, etc., Case No. 4:14-cv-04001-SOH, in the U.S. District Court for the Western District of Arkansas - Texarkana. The appellate case is captioned as James Stuart, et al. v. State Farm Fire, etc., Case No. 16-3784, in the United States Court of Appeals for the Eighth Circuit. As previously reported in the Class Action Reporter on Sept. 22, 2016, State Farm filed an appeal from a decision entered in the "Stuart" Suit. That appellate case is captioned as James Stuart, et al. v. State Farm Fire, et al., Case No. 16-8017, in the United States Court of Appeals for the Eighth Circuit. Plaintiffs-Appellees James Stuart, Individually and on behalf of all others similarly situated, and Careda L. Hood are represented by: Kenneth P. Castleberry, Esq. Alfred F. Thompson, III, Esq. MURPHY & THOMPSON 1141 E. Main Street P.O. Box 2595 Batesville, AR 72503-0000 Telephone: (501) 793-3821 - and - John Clinton Goodson, Esq. Donald Mattson Keil, Esq. KEIL & GOODSON PA 406 Walnut Street Texarkana, AR 71854 Telephone: (870) 772-4113 Facsimile: (870) 773-2967 E-mail: jcgoodson@kglawfirm.com mkeil@kglawfirm.com - and - Tanner W. Hicks, Esq. Jack A. Mattingly, Jr., Esq. Jason Ernest Roselius, Esq. MATTINGLY & ROSELIUS 13182 N. MacArthur Boulevard Oklahoma, OK 73142 Telephone: (405) 603-222 E-mail: tanner@mroklaw.com jackjr@mroklaw.com jason@mroklaw.com - and - George Louis McWilliams, Esq. GEORGE L. MCWILLIAMS, P.C. 406 Walnut Texarkana, AR 71854 Telephone: (870) 772-2055 - and - Matthew Leo Mustokoff, Esq. Richard A. Russo, Jr., Esq. KESSLER & TOPAZ 280 King of Prussia Road Radnor, PA 19087-0000 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 E-mail: mmustokoff@ktmc.com rrusso@ktmc.com - and - Richard Eugene Norman, Esq. Ronald M. Weber, Jr. CROWLEY & NORMAN LLP Three Riverway, Suite 1775 Houston, TX 77056 Telephone: (713) 651-1771 Facsimile: (713) 651-1775 E-mail: rnorman@crowleynorman.com mweber@crowleynorman.com - and - James Marvin Pratt, Jr., Esq. LAW OFFICE OF JAMES M. PRATT, JR. 144 Washington Street, N.W. P.O. Box 938 Camden, AR 71701-0938 Telephone: (870) 836-7328 E-mail: jim@jamesrprattlaw.com - and - William B. Putman, Esq. TAYLOR LAW PARTNERS 303 E. Millsap P.O. Box 8310 Fayetteville, AR 72703 Telephone: (877) 443-5222 E-mail: wbputman@taylorlawpartners.com Defendant-Appellant State Farm Fire and Casualty Company is represented by: Joseph Cancila, Jr., Esq. Heidi Dalenberg, Esq. RILEY SAFER HOLMES & CANCILA LLP Three First National Plaza, Suite 2900 70 W. Madison Chicago, IL 60602 Telephone: (312) 471-8750 Facsimile: (312) 471-8701 E-mail: jcancila@rshc-law.com hdalenberg@rshc-law.com - and - John E. Moore, Esq. Beverly Ann Rowlett, Esq. MUNSON, ROWLETT, MOORE & BOONE, P.A. 1900 Regions Center 400 W. Capitol Little Rock, AR 72201-0000 Telephone: (501) 374-6535 Facsimile: (501) 374-5906 E-mail: john.moore@mrmblaw.com beverly.rowlett@mrmblaw.com SYNNEX CORP: Faces "Dean" Class Suit Over Background Checks ----------------------------------------------------------- Bridget Dean, on behalf of herself and on behalf of all others similarly situated, Plaintiff, v. Synnex Corporation, Defendant, Case No. 8:16-cv-02783, (Fla. Cir., September 29, 2016), seeks statutory damages, costs and attorneys' fees, equitable relief and other appropriate relief under the Fair Credit Reporting Act. Synnex Corporation operates an information technology and supply chain service business. It routinely obtains and uses information in consumer reports to conduct background checks on prospective and existing employees. According to the Complaint, Defendant allegedly took adverse employment action against Plaintiff based on undisclosed consumer report information without first providing Plaintiff with a copy of pertinent consumer reports and providing them a reasonable opportunity to respond to the information in the report and discuss it with Defendant. Plaintiff is represented by: Donna V. Smith, Esq. Brandon J. Hill, Esq. Luis A. Cabassa, Esq. WENZEL FENTON CABASSA, PA 1110 N Florida Ave., Ste. 300 Tampa, FL 33602-3343 Tel: (813) 224-0431 Fax: (813) 229-8712 Email: bhill@wfclaw.com lcabassa@wfclaw.com TEAMSTERS LOCAL: Seeks 3rd Cir. Review of Ruling in "Marino" Suit ----------------------------------------------------------------- Defendants Joint Board of Administrative Trustees and Teamsters Local Union No 134 Pension and Death Benefit Plan filed an appeal from a court ruling in the lawsuit entitled Robert Marino, Jr. v. Joint Board of Administrative, et al., Case No. 2-15-cv-06933, in the United States District Court for the District of New Jersey. As previously reported in the Class Action Reporter, the Case arises out of the Defendants' alleged unlawful failure and refusal to provide Plan members with disability pension benefits, in violation of Employee Retirement Income Security Act. The Joint Board of Administrative Trustees is responsible for providing benefits and managing and administering the Plan. The appellate case is captioned as Robert Marino, Jr. v. Joint Board of Administrative, et al., Case No. 16-3810, in the United States Court of Appeals for the Third Circuit. Plaintiff-Appellee ROBERT MARINO, JR., and all other similarly situated plan members, is represented by: William B. Hildebrand, Esq. LAW OFFICES OF WILLIAM B. HILDEBRAND L.L.C. 36 Tanner Street Haddonfield, NJ 08033 Telephone: (856) 482-7100 Defendants-Appellants JOINT BOARD OF ADMINISTRATIVE TRUSTEES and TEAMSTERS LOCAL UNION NO 134 PENSION AND DEATH BENEFIT PLAN are represented by: Andrew L. Watson, Esq. PELLETTIERI RABSTEIN & ALTMAN 100 Nassau Park Boulevard, Suite 111 Princeton, NJ 08540 Telephone: (609) 520-0900 E-mail: AWatson@pralaw.com TOKAI PHARMA: Garbowski Sues Over Share Price Drop -------------------------------------------------- Michael Garbowski and Stephen Bushansky, on behalf of themselves and all others similarly situated, Plaintiffs, v. Tokai Pharmaceuticals, Inc., Jodie Pope Morrison, Lee H. Kalowski, Seth L. Harrison, Timothy J. Barberich, David A. Kessler, Joseph A. Yanchik, III, BMO Capital Markets Corp., Stifel, Nicolaus & Company, Incorporated, William Blair & Company, L.L.C. and Janney Montgomery Scott LLC, Defendants, Case No. 1:16-cv-11963, (D. Mass., September 29, 2016), seeks compensatory damages, reasonable costs and expenses and such other and further relief under the Securities and Exchange Act. Tokai is a Boston-based biopharmaceutical company focused on the development and commercialization of therapies for prostate cancer and other hormonally driven diseases. The Company's lead drug candidate has been galeterone, an oral small molecule that, at all relevant times, was in various clinical trials for the treatment of patients with metastatic castration-resistant prostate cancer. Tokai's statements and public filings failed to disclose that its means of testing of galeterone was not FDA approved. On July 26, 2016, Tokai disclosed that it had discontinued the Phase 3 trial of galeterone. This disclosure caused the price of Tokai stock to plummet to $1.10 per share from $5.20 the day before. Plaintiff is represented by: Thomas G. Shapiro, Esq. Adam M. Stewart, Esq. SHAPIRO HABER & URMY LLP Seaport East, Two Seaport Lane Boston, MA 02210 Telephone: (617) 439-3939 Facsimile: (617) 439-0134 Email: tshapiro@shulaw.com astewart@shulaw.com - and - Joseph H. Weiss, Esq. Joshua M. Rubin, Esq. WEISSLAW LLP 1500 Broadway New York, NY 10036 Telephone: (212) 682-3025 Facsimile: (212) 682-3010 Email: jweiss@weisslawllp.com jrubin@weisslawllp.com TRI-STATE WATER: Home Depot Appeals Ruling in "Bauer" Class Suit ---------------------------------------------------------------- Home Depot U.S.A., Incorporated, filed an appeal from a court ruling in the lawsuit styled Michael Bauer and Stacey Bauer, individually and on behalf of others similarly situated v. Tri- State Water Treatment, Inc., Tri-State Water Treatment, Inc., Home Depot U.S.A., Inc., and Aquion Inc. doing business as: Rainsoft, Case No. 3:16-cv-00419-MJR-RJD, in the U.S. District Court for the Southern District of Illinois. As previously reported in the Class Action Reporter, the lawsuit (Case No. 15-SC-1407) was removed from the Madison County Court to the District Court. The District Court assigned Case No. 3:16-cv- 00419 to the proceeding. On Sept. 29, 2016, Chief Judge Michael J. Reagan entered an order granting Defendants'/Counterclaim Plaintiffs' motion to remand, and remanded the case to the Third Judicial Circuit, Madison County, Illinois. The Court construed Counterclaim Defendant Home Depot's motion to strike as an unacceptable sur-reply and ordered that motion stricken. The judge said all future hearings in this matter, including the January 12, 2018 final pre-trial conference and the January 29, 2018 jury trial are cancelled. In view of Home Depot's appeal, Judge Reagan on Oct. 17 entered an order staying the remand order pending receipt of the Plaintiffs' brief and an ultimate decision on the request to stay. He directed the Plaintiffs to file any and all responses to Home Depot's motion by Oct. 24. The appellate case is captioned as Home Depot U.S.A., Incorporated v. Michael Bauer, et al., Case No. 16-8022, in the U.S. Court of Appeals for the Seventh Circuit. Petitioner HOME DEPOT U.S.A., INCORPORATED, is represented by: S. Stewart Haskins II, Esq. KING & SPALDING LLP 1180 Peachtree Street Atlanta, GA 30309 Telephone: (404) 572-4600 Facsimile: (404) 572-5100 E-mail: shaskins@kslaw.com - and - Russell Kenneth Scott, Esq. GREENSFELDER, HEMKER & GALE, P.C. 12 Wolf Creek Drive Belleville, IL 62226-0000 Telephone: (618) 257-7308 Facsimile: (618) 257-7353 E-mail: rks@greensfelder.com Respondents MICHAEL BAUER and STACEY BAUER, individually and on behalf of others similarly situated, are represented by: Troy E. Walton, Esq. SCHOEN, WALTON, TELKEN & FOSTER, LLC 241 N. Main Street Edwardsville, IL 62025 Telephone: (618) 307 9880 E-mail: twalton@schoenwalton.com UBS FINANCIAL: Giancarlo Appeals S.D. Tex. Ruling to 5th Circuit ---------------------------------------------------------------- Samuel Giancarlo and Carlos Alsina filed an appeal from a court ruling in their lawsuit titled Samuel Giancarlo, et al. v. UBS Financial Services, Inc., et al., Case No. 4:03-CV-4359, in the U.S. District Court for the Southern District of Texas, Houston. The appellate case is captioned as Samuel Giancarlo, et al. v. UBS Financial Services, Inc., et al., Case No. 16-20663, in the U.S. Court of Appeals for the Fifth Circuit. Jody Godoy, writing for Law360, reported in August 2016 that UBS AG and affiliates shed a 13-year-old proposed class action claiming UBS brokers hid Enron's fraud from retail investors when a Texas federal judge ruled that the investors did not show that the brokers had a duty to disclose signs of trouble. U.S. District Judge Melinda Harmon dismissed the suit, saying PaineWebber, which merged with UBS in 2000, did not have a duty to warn retail investors who bought stock in Enron around the time Enron collapsed. The investors claimed PaineWebber had agreed not to discourage Enron investments in exchange for having the brokerage run Enron's lucrative employee stock option program. Judge Harmon said the deal didn't mean UBS owed inside information about Enron to its retail customers. According to the August report, investor Samuel Giancarlo had sued back in 2003 and updated the complaint to add Carlos Alsina in 2006, opting to forge a separate path from shareholders who got a record $7.2 billion settlement. The pair sued on behalf of those who bought certain Enron debt securities from PaineWebber in late 2000 and 2001. They claimed PaineWebber had tacitly agreed not to warn investors off of Enron stock in exchange for administering Enron's employee stock options program, which netted the brokerage customers after employees exercised their options. Bonnie Spencer, an attorney for the pair of investors, told Law360 that the plaintiffs believe the judge "misapplied the law" to an old complaint, despite their request in 2011 to update the claims after taking discovery. "The court did not rule on our motion in over five years and instead determined to jettison the case based upon an old pleading," Spencer said. She went on to lament the high pleading standards for securities fraud, saying that, unlike plaintiffs in other federal cases, investors "literally have to win their evidentiary burden at the pleading stage." Spencer also said that the Fifth Circuit may never find a securities fraud case adequate if her clients' claims against UBS, set out in more than 100 pages, were not deemed specific enough. "There are no more Atticus Finch ideals left; our courts are no great levelers," Spencer said, referring to a description of American courts in Harper Lee's "To Kill a Mockingbird." Robert Giuffra Jr., a Sullivan & Cromwell LLP attorney representing UBS, meanwhile, told Law360 the bank is pleased with the decision. The cases before the Southern District of Texas are Mark Newby et al. v. Enron Corp. et al., case number 4:01-cv-03624, and Samuel Giancarlo et al. v. UBS Financial Services et al., case number 4:03-cv-04359. Plaintiffs-Appellants SAMUEL GIANCARLO, Individually and on behalf of all others similarly situated, and CARLOS ALSINA, Medical Doctor, are represented by: Dawn Renee Meade, Esq. SPENCER LAW FIRM 4635 Southwest Freeway Houston, TX 77027 Telephone: (713) 961-7770 Facsimile: (713) 961-5336 E-mail: dawnmeade@spencer-law.com Defendants-Appellees UBS FINANCIAL SERVICES, INCORPORATED, UBS SECURITIES, L.L.C., UBS AG and UBS O'CONNOR, L.L.C., are represented by: Charles Rodney Acker, Esq. NORTON ROSE FULBRIGHT US, L.L.P. 2200 Ross Avenue Dallas, TX 75201-7932 Telephone: (214) 855-7466 Facsimile: (214) 855-8200 E-mail: rodney.acker@nortonrosefulbright.com UNITED REFINING: Cottillion Appeals W.D. Pa. Ruling to 3rd Cir. --------------------------------------------------------------- Plaintiffs John Cottillion and Beverly Eldridge filed an appeal from a court ruling in the lawsuit entitled John Cottillion, et al. v. United Refining Co., et al., Case No. 1-09-cv-00140, in the U.S. District Court for the Western District of Pennsylvania. As previously reported in the Class Action Reporter, the Court granted in part and denied in part the motion for attorneys' fees and costs, and denied as moot the motion to strike confidential mediation communications. The Plaintiffs initiated the Action on June 12, 2009, alleging, inter alia, that the Defendants had violated the Employee Retirement Income Security Act's anti- cutback provision. The appellate case is captioned as John Cottillion, et al. v. United Refining Co., et al., Case No. 16-3730, in the United States Court of Appeals for the Third Circuit. Plaintiffs-Appellants JOHN COTTILLION and BEVERLY ELDRIDGE, on behalf of themselves and all others similarly situated, are represented by: Tybe A. Brett, Esq. Ellen M. Doyle, Esq. Joel R. Hurt, Esq. FEINSTEIN DOYLE PAYNE & KRAVEC LLC 429 Fourth Avenue Law & Finance Building, Suite 1300 Pittsburgh, PA 15219 Telephone: (412) 281-8400 E-mail: tbrett@fdpklaw.com edoyle@fdpklaw.com jhurt@fdpklaw.com Defendants-Appellees UNITED REFINING CO., UNITED REFINING CO. PENSION PLAN FOR SALARIED EMPLOYEES and UNITED REFINING CO. RETIREMENT COMMITTEE are represented by: Eugene D. Fowler, Esq. Christopher J. Rillo, Esq. RILLO LAW GROUP 111 Pine Street, Suite 1400 San Francisco, CA 94111 Telephone: (415) 704-7433 - and - James P. Hollihan, Esq. DUANE MORRIS LLP 600 Grant Street, Suite 5010 Pittsburgh, PA 15219 Telephone: (412) 497-1040 E-mail: jphollihan@duanemorris.com UNITED STATES: 3rd Cir. Vacates Dismissal of "Schuchardt" Suit -------------------------------------------------------------- In the case captioned ELLIOTT J. SCHUCHARDT, individually and doing business as the Schuchardt Law Firm, on behalf of himself and all others similarly situated, Appellant, v. PRESIDENT OF THE UNITED STATES; DIRECTOR OF NATIONAL INTELLIGENCE; DIRECTOR OF THE NATIONAL SECURITY AGENCY AND CHIEF OF THE CENTRAL SECURITY SERVICE; DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, No. 15-3491 (3rd Cir.), the United States Court of Appeals, Third Circuit vacated the district court's order dismissing Elliott Schuchardt's civil action for lack of jurisdiction. The appeal involves a constitutional challenge to an electronic surveillance program operated by the National Security Agency (NSA) under the authority of Section 702 of the Foreign Intelligence Surveillance Act (FISA). On June 2, 2014, Schuchardt filed a complaint in the District Court asserting constitutional, statutory, and state law claims against the President, the Director of National Intelligence, and the Directors of the NSA and Federal Bureau of Investigation. He alleged that the Government was violating the Fourth Amendment by storing his confidential communications "in a computer database, or through a government program, which the Defendants call 'Prism.'" He sought to enjoin "the [Government] from engaging in any further collection of . . . [his] information." In its motion to dismiss Schuchardt's second amended complaint, the Government principally took issue with his allegation that the "NSA collects the online communications . . . of all Americans, including, therefore, his." Specifically, the Government argued that because Section 702 authorizes the targeted surveillance of only persons outside the United States, it was implausible that PRISM -- a program operating under the authority of Section 702 -- was a dragnet capturing all the country's domestic online communications. The District Court granted the Government's motion to dismiss Schuchardt's second amended complaint for lack of jurisdiction. The District Court held that Schuchardt lacked standing to sue because he failed to plead facts from which one might reasonably infer that his own communications had been seized by the federal government. The Third Circuit, however, found that Schuchardt's second amended complaint pleaded his standing to sue for violation of his Fourth Amendment right to be free from unreasonable searches and seizures. The Third Circuit determined that Schuchardt's allegations stated a particularized injury under Article III. The appellate court found that the consequences that Schuchardt identified as flowing from the Government's alleged dragnet are undoubtedly personal to him insofar as he has a constitutional right to maintain the privacy of his personal communications, online or otherwise. The appellate court held that the fact that a large percentage of the population may share a similar interest "does not change [its] individualized nature" because Schuchardt's allegations make clear that he is among the persons that are the "very targets of the allegedly unconstitutional surveillance." Further, the Third Circuit found that Schuchardt has gone beyond mere allegations to survive a motion to dismiss by creating a limited evidentiary record to support his allegations. A full-text copy of the Third Circuit's October 5, 2016 opinion is available at https://is.gd/oXImkx from Leagle.com. Counsel for Appellant: Elliot J. Schuchardt 309 Braeburn Drive Winchester, VA 22601 Counsel for Amicus Appellant: Andrew G. Crocker, Esq. Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 E-mail: andrew@eff.org Counsel for Appellee: Benjamin C. Mizer David J. Hickton H. Thomas Byron III Henry C. Whitaker [Argued] United States Department of Justice Appellate Section, Room 7256 950 Pennsylvania Avenue, N.W. Washington, DC 20530 USA TECHNOLOGIES: Fain Files Another Appeal From E.D. Pa. Ruling ---------------------------------------------------------------- Plaintiff Ryan Fain filed an appeal from a court ruling in the lawsuit styled Ryan Fain v. USA Technologies Inc., et al., Case No. 2-15-cv-05427, in the United States District Court for the Eastern District of Pennsylvania. As previously reported in the Class Action Reporter, Mr. Fain brought the lawsuit over alleged violations of securities laws. The appellate case is captioned as Ryan Fain v. USA Technologies Inc., et al., Case No. 16-3796, in the United States Court of Appeals for the Third Circuit. The Third Circuit consolidated this appeal (Case No. 16-3796) and Mr. Fain's previous appeal (Case No. 16-2436) for all purposes. The Appellant's request to remand the case is dismissed as moot, and the briefing and scheduling order issued in Case No. 16-2436 is vacated. Plaintiff-Appellant RYAN FAIN, on behalf of himself and all others similarly situated, is represented by: Adam M. Apton, Esq. LEVI & KORSINSKY LLP 1101 30th Street, N.W., Suite 115 Washington, DC 20007 Telephone: (202) 524-4290 E-mail: aapton@zlk.com Jacob A. Goldberg, Esq. THE ROSEN LAW FIRM P.A. 101 Greenwood Avenue, Suite 440 Jenkintown, PA 19046 Telephone: (215) 600-2817 E-mail: jgoldberg@rosenlegal.com Defendants-Appellees USA TECHNOLOGIES INC., STEPHEN P. HERBERT, DAVID F. DEMEDIO and JAMES DUNCAN SMITH are represented by: M. Norman Goldberger, Esq. Laura E. Krabill, Esq. BALLARD SPAHR LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Telephone: (215) 864-8850 E-mail: goldbergerm@ballardspahr.com krabilll@ballardspahr.com - and - Evan Krick, Esq. KAISERMAN COMPANY INC. 20 South 18th Street, Suite 300 Philadelphia, PA 19103 Telephone: (215) 864-8284 VALLEY NATIONAL: Faces "Faraone" Suit in New Jersey --------------------------------------------------- A class action lawsuit has been filed against Valley National Bank. The case is captioned PHILIP FARAONE on behalf of himself and those similarly situated, the Plaintiff, v. VALLEY NATIONAL BANK, the Defendant, Case No. 2:16-cv-06575 (D.N.J. Oct. 5, 2016). Valley National Bank, a wholly-owned subsidiary of Valley National Bancorp, provides retail and commercial banking services and cash management. The Plaintiff is represented by: Matthew D. Miller, Esq. SWARTZ SWIDLER, LLC 1101 Kings Highway North, Suite 402 Cherry Hill, NJ 08034 Telephone: (856) 685 7420 Facsimile: (856) 685 7417 E-mail: mmiller@swartz-legal.com VIVA ENERGY: "Hernandez" Suit Alleges FLSA, Pay Act Violations -------------------------------------------------------------- JOSE L. HERNANDEZ, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. VIVA ENERGY SERVICES, LLC, Defendant, Case No. 7:16-cv-00348 (W.D. Tex., October 7, 2016), was filed over Defendant's failure to pay Plaintiff time and one-half his regular rate of pay for all hours worked over 40 during each seven-day workweek under the Fair Labor Standards Act, and the federal Portal-to-Portal Pay Act. The putative collective action members are all current and/or former employees of Defendant who work/worked for Defendant as oilfield operations workers. Viva Energy Services provides oil and gas field services and equipment to the Permian Basin in both Texas and New Mexico from yards in Odessa and Andrews, Texas. The Plaintiff is represented by: Allen R. Vaught, Esq. BARON & BUDD, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 Phone: (214) 521-3605 Fax: (214) 520-1181 E-mail: avaught@baronbudd.com - and - Glenn D. Levy, Esq. LAW OFFICE OF GLENN D. LEVY 906 Basse Road, Suite 100 San Antonio, TX 78212 Phone: (210) 822-5666 Fax: (210) 822-5650 E-mail: glenn@glennlevylaw.com VIVINT INC: Noori Appeals Case Dismissal to 9th Cir. ---------------------------------------------------- Plaintiff Frank Noori filed an appeal from a court ruling in the lawsuit entitled Frank Noori v. Vivint, Inc., et al., Case No. 2:16-cv-05491-PA-FFM, in the U.S. District Court for the Central District of California, Los Angeles. As previously reported in the Class Action Reporter, Frank Noori initiated the lawsuit, Case No. BC611434, in the Superior Court of the State of California for the County of Los Angeles on Feb. 24, 2016, seeking statutory, compensatory, special, general and punitive damages, reasonable attorneys' fees, injunctive relief and other relief under California Labor Laws. He alleges that he was hired by the Company as a field service professional but was illegally dismissed due to his past history of domestic violence. The case was later removed to the District Court. On Sept. 6, 2016, District Judge Percy Anderson entered a Judgment of Dismissal, a copy of which is available at https://is.gd/Pqph0S from Leagle.com. The Judgment of Dismissal states that in accordance with the Court's Sept. 6, 2016 Minute Order dismissing the First Amended Complaint without leave to amend, Vivint will have judgment in its favor against Plaintiff; the action is dismissed; and Plaintiff take nothing and that Defendant shall have its costs of suit. The appellate case is captioned as Frank Noori v. Vivint, Inc., et al., Case No. 16-56459, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by November 3, 2016; -- Transcript is due on February 1, 2017; -- Appellant Frank Noori's opening brief is due on March 13, 2017; -- Appellees Does and Vivint, Inc.'s answering brief is due on April 12, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiff-Appellant FRANK NOORI, on behalf of himself and all others similarly situated, is represented by: Devin Heng Fok, Esq. LAW OFFICES OF DEVIN H. FOK P.O. Box 7165 Alhambra, CA 98102-7165 Telephone: (310) 430-9933 Facsimile: (818) 484-2023 E-mail: devin@devinfoklaw.com - and - Joshua Eunsuk Kim, Esq. A NEW WAY OF LIFE REENTRY PROJECT 9512 S. Central Ave. Los Angeles, CA 90002 Telephone: (323) 563-3575 Facsimile: (323) 563-3445 E-mail: joshua@anewwayoflife.org Defendant-Appellee VIVINT, INC., a foreign corporation doing business in California, is represented by: JoAnne S. Jennings, Esq. Chet Alan Kronenberg, Esq. SIMPSON THACHER & BARTLETT LLP 1999 Avenue of the Stars Los Angeles, CA 90067 Telephone: (310) 407-7500 Facsimile: (310) 407-7564 E-mail: joanne.jennings@stblaw.com ckronenberg@stblaw.com WAL-MART STORES: Seeks W.D. Ark. Review of Ruling in Pontiac Suit ----------------------------------------------------------------- Defendants Wal-Mart Stores and Michael T. Duke filed an appeal from a court ruling in the lawsuit entitled City of Pontiac v. Wal-Mart Stores, et al., Case No. 5:12-cv-05162-SOH, in the U.S. District Court for the Western District of Arkansas - Fayetteville. As previously reported in the Class Action Reporter on October 4, 2016, the Hon. Susan O. Hickey entered an order in the lawsuit granting the Plaintiff's motion for class certification. In its complaint, the Plaintiff alleges that the Defendants violated the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5 by (1) making materially false and misleading statements, and (2) failing to disclose material adverse facts known to the Defendants that would have made the statements made by them not misleading. The appellate case is captioned as City of Pontiac v. Wal-Mart Stores, et al., Case No. 16-8020, in the United States Court of Appeals for the Eighth Circuit. Plaintiff-Respondent City of Pontiac General Employees' Retirement System, Individually and on Behalf of All Others Similarly Situated, is represented by: Michael Albert, Esq. Austin Brane, Esq. Danielle S. Myers, Esq. Darren J. Robbins, Esq. Scott H. Saham, Esq. Debra J. Wyman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 W. Broadway, Suite 1900 San Diego, CA 92101-0000 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: malbert@rgrdlaw.com ABrane@rgrdlaw.com dmyers@rgrdlaw.com darrenr@rgrdlaw.com scotts@rgrdlaw.com debraw@rgrdlaw.com - and - George Edward Barrett, Esq. Douglas S. Johnston, Jr., Esq. Jerry E. Martin, Esq. Timothy L. Miles, Esq. BARRETT & JOHNSTON, LLC 414 Union Street Bank of America Plaza Nashville, TN 37219 Telephone: (615) 244-2202 E-mail: gbarrett@barrettjohnston.com djohnston@barrettjohnston.com jmartin@barrettjohnston.com tmiles@barrettjohnston.com - and - Cynthia J. Billings, Esq. SULLIVAN WARD ASHER & PATTON, P.C. 25800 Northwestern Highway Southfield, MI 48075 Telephone: (248) 746-0700 E-mail: cbillings@swappc.com - and - Geoffrey P. Culbertson, Esq. PATTON TIDWELL & CULBERTSON LLP 4605 Texas Boulevard P.O. Box 5398 Texarkana, TX 75505-5398 Telephone: (903) 792-7080 Facsimile: (903) 792-8233 E-mail: gpc@texarkanalaw.com - and - Jason Forge, Esq. WYMAN & ISAACS LLP 2029 Century Park, E., Suite 3250 Los Angeles, CA 90067-0000 Telephone: (619) 231-1058 Defendants-Petitioners Wal-Mart Stores and Michael T. Duke are represented by: Jess Askew, III, Esq. Teresa Wineland, Esq. KUTAK ROCK LLP 124 W. Capitol Avenue, Suite 2000 Little Rock, AR 72201 Telephone: (501) 975-3000 E-mail: Jess.Askew@KutakRock.com Teresa.Wineland@KutakRock.com - and - Brian T. Glennon, Esq. LATHAM & WATKINS LLP 355 S. Grand Avenue Los Angeles, CA 90071-2007 Telephone: (213) 485-1234 E-mail: brian.glennon@lw.com - and - Andrew R. Gray, Esq. LATHAM & WATKINS LLP 650 Town Center Drive, 20th Floor Costa Mesa, CA 92627 Telephone: (714) 540-1235 E-mail: andrew.gray@lw.com - and - Marcy C. Priedeman, Esq. Peter A. Wald, Esq. LATHAM & WATKINS LLP 505 Montgomery Street, Suite 1900 San Francisco, CA 94111-0000 Telephone: (415) 391-0600 E-mail: marcy.priedeman@lw.com peter.wald@lw.com - and - Colleen C. Smith, Esq. LATHAM & WATKINS LLP 12670 High Bluff Drive San Diego, CA 92130 Telephone: (858) 523-3985 E-mail: colleen.smith@lw.com - and - Sarah A. Greenfield, Esq. LATHAM & WATKINS LLP 555 11th Street, N.W., Suite 1000 Washington, DC 20004-1304 Telephone: (202) 637-2200 E-mail: sarah.greenfield@lw.com - and - Nicholas J. Siciliano, Esq. LATHAM & WATKINS LLP 330 N. Wabash Avenue Chicago, IL 60611 Telephone: (312) 777-7021 E-mail: nicholas.siciliano@lw.com WELLS FARGO: Faces "Allen" Lawsuit Alleging Violation of ERISA -------------------------------------------------------------- FRANCESCA ALLEN, individually and on behalf of all others similarly situated and on behalf of the Wells Fargo & Company 401(k) Plan, Plaintiff, v. WELLS FARGO & COMPANY, WELLS FARGO BANK, NA, WELLS FARGO DIRECTOR OF HUMAN RESOURCES, WELLS FARGO DIRECTOR OF COMPENSATION AND BENEFITS, WELLS FARGO EMPLOYEE BENEFITS REVIEW COMMITTEE, LLOYD H. DEAN, JOHN S. CHEN, SUSAN E. ENGEL, DONALD M. JAMES, STEPHEN W. SANGER and JOHN DOES 1-30, Defendants, Case No. 0:16-cv-03405-PJS-SER (D. Minn., October 7, 2016), alleges that Defendants, despite being aware of the Company's broad and systemic fraud scheme, ignored their duties of prudence, loyalty and competence under the Employee Retirement Income Security Act by failing to take any alternative actions to protect the Plan and its Participants from losses in the value of Wells Fargo stock that occurred as a result of the scheme. WELLS FARGO & COMPANY -- https://www.wellsfargo.com/ -- is a provider of banking, mortgage, investing, credit card, insurance, and consumer and commercial financial services. The Plaintiff is represented by: Robert K. Shelquist, Esq. Rebecca A. Peterson, Esq. 100 South Washington Avenue, Suite 2200 Minneapolis, MN 55401 Phone: (612) 339-6900 Fax: (612) 339-0981 E-mail: rkshelquist@locklaw.com rapeterson@locklaw.com - and - Adam J. Levitt, Esq. Daniel R. Ferri, Esq. GRANT & EISENHOFER P.A. 30 North LaSalle Street, Suite 2350 Chicago, IL 60602 Phone: (312) 214-0000 Fax: (312) 214-0001 E-mail: alevitt@gelaw.com dferri@gelaw.com - and - Charles T. Caliendo, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue New York, NY 10017 Phone: (646) 722-8500 Fax: (646) 722-8501 E-mail: alevitt@gelaw.com dferri@gelaw.com - and - Richard M. Elias, Esq. Greg G. Gutzler, Esq. Tamara M. Spicer, Esq. ELIAS GUTZLER SPICER LLC 1924 Chouteau Avenue, Suite W St. Louis, MO 63103 Phone: (314) 833-6645 Fax: (314) 621-7607 E-mail: relias@egslitigation.com ggutzler@egslitigation.com tspicer@egslitigation.com - and - W. Daniel "Dee" Miles, Esq. Rebecca D. Gilliland, Esq. Claire E. Burns, Esq. BEASLEY ALLEN CROW METHVIN PORTIS & MILES, P.C. 218 Commerce Street Montgomery, AL 36103 Phone: (334) 269-2343 Fax: (334) 954-7555 E-mail: Dee.Miles@beasleyallen.com Rebecca.Gilliland@beasleyallen.com Claire.Burns@beasleyallen.com WELLS FARGO: $3.9MM "Hartley" Suit Settlement Gets Initial OK ------------------------------------------------------------- The Hon. Joan M. Azrack granted preliminary approval of the parties' settlement in the class action lawsuit titled MICHELLE F. HARTLEY, STEVEN TOMLINSON, individually and on behalf of all others similarly situated, and MARIA DEGENNERO v. WELLS FARGO & COMPANY; WACHOVIA SECURITIES FINANCIAL HOLDINGS, LLC; and WELLS FARGO ADVISORS, LLC, as successor in interest to Wachovia Securities, LLC, Case No. 2:14-cv-05169-JMA-ARL (E.D.N.Y.). In their complaint, the Plaintiffs allege that Wells Fargo subjected its financial advisors to wage deductions in violation of the New York Labor Law and misclassified them as exempt employees and, therefore, inter alia, failed to pay them minimum wages and premium overtime wages in violation of the Fair Labor Standards Act and NYLL. The Settling Parties agreed to settle the Case for a Gross Settlement Amount of $3.9 million, which covers the Maximum Settlement Portion for Payments to Participating Claimants, enhancement payments to Class Representatives, administration fees and costs, Wells Fargo's share of Payroll Taxes, and Class Counsel's fees and costs. The Maximum Settlement Portion for Payments to Participating Claimants will be $2,460,000. The Court provisionally certifies this Class for settlement purposes: all Persons who were employed by Wells Fargo, or its predecessor Wachovia Securities, in the State of New York as a Private Client Group Financial Adviser between May 11, 2009 and [September 30, 2016]. The Court appoints The Law Office of Christopher Q. Davis, PLLC, as Class Counsel. The Court also approves the Notice to Class Members Re: Pendency of a Class Action. A final fairness hearing will be held on a date yet to be determined. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=9ZiTOXgg WHIRLPOOL CORP: Sweeney Appeals Ruling in "Chambers" Class Suit --------------------------------------------------------------- Objector Patrick S. Sweeney filed an appeal from a court ruling in the lawsuit entitled Steve Chambers, et al. v. Whirlpool Corporation, et al., Case No. 8:11-cv-01733-FMO-JCG, in the U.S. District Court for the Central District of California, Santa Ana. The appellate case is captioned as Steve Chambers, et al. v. Whirlpool Corporation, et al., Case No. 16-56436, in the United States Court of Appeals for the Ninth Circuit. As previously reported in the Class Action Reporter on October 7, 2016, Objector W. Allen McDonald also filed an appeal from a court ruling in the Lawsuit. The Case was brought by several people whose dishwashers started on fire. They alleged that the dishwashers inexplicably ignited. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by October 26, 2016; -- Transcript is due on January 24, 2017; -- Appellant Patrick S. Sweeney's opening brief is due on March 6, 2017; -- Answering brief of Appellees Susan Bathon, W. David Beal, George Bliss, James Cashman, Steve Chambers, Joseph Cicchelli, Kurt Himler, Zila Koswener, Gary LeBlanc, Shirl Mederlet, Maureen Meneghetti, Susan Milicia, Kevin O'Donnell, Raymond Paolini Jr., Linda Sample, Sears Holdings Corporation, Sears Roebuck and Co., Inc., Jackie Steffes, Lynn Van Der Veer, Pamela Walchli, Lyndee Walker and Whirlpool Corporation is due on April 4, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiffs-Appellees STEVE CHAMBERS, LYNN VAN DER VEER, JOSEPH CICCHELLI, KURT HIMLER, SUSAN MILICIA, GARY LEBLANC, JAMES CASHMAN, KEVIN O'DONNELL, GEORGE BLISS, SUSAN BATHON, MAUREEN MENEGHETTI, W. DAVID BEAL, LINDA SAMPLE, SHIRL MEDERLET, LYNDEE WALKER, JACKIE STEFFES, RAYMOND PAOLINI, Jr., ZILA KOSWENER, and PAMELA WALCHLI are represented by: Jeffrey M. Cohon, Esq. COHON & POLLAK, LLP 1999 Avenue of the Stars Los Angeles, CA 90067 Telephone: (310) 231-4470 Facsimile: (310) 231-4610 E-mail: jcohon@cohonpollak.com - and - Timothy N. Mathews, Esq. Steven Alan Schwartz, Esq. CHIMICLES & TIKELLIS LLP 361 W. Lancaster Avenue Haverford, PA 19041 Telephone: (610) 642-8500 Telecopier: (610) 649-3633 E-mail: sas@chimicles.com tnm@chimicles.com - and - Nicole D. Sugnet, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN LLP 275 Battery Street San Francisco, CA 94111 Telephone: (415) 956-1000 Telecopier: (415) 956-1008 E-mail: nsugnet@lchb.com - and - David H. Weinstein, Esq. WEINSTEIN KITCHENOFF & ASHER LLC 100 South Broad Street, Suite 705 Philadelphia, PA 19110-1061 Telephone: (215) 545-7200 Telecopier: (215) 545-6535 E-mail: weinstein@wka-law.com Defendants-Appellees WHIRLPOOL CORPORATION, a Delaware Corporation, SEARS HOLDINGS CORPORATION, a Delaware Corporation, and SEARS ROEBUCK AND CO., INC., a New York corporation, are represented by: Galen D. Bellamy, Esq. Michael Timothy Williams, Esq. WHEELER TRIGG O'DONNELL LLP 370 Seventeenth Street, Suite # 4500 Denver, CO 80202-5647 Telephone: (303) 244-1800 Facsimile: (303) 244-1879 E-mail: bellamy@wtotrial.com williams@wtotrial.com - and - Dean Jeffrey Zipser, Esq. UMBERG ZIPSER LLP 1920 Main Street, Suite 200 Irvine, CA 92614 Telephone: (949) 679-0052 Facsimile: (949) 679-0461 E-mail: dzipser@umbergzipser.com YAHOO! INC: Faces "Corso" Class Suit in Calif. Over Data Breach --------------------------------------------------------------- MARIA CORSO, individually and on behalf of all others similarly situated, Plaintiff, v. YAHOO! INC., Defendant, Case No. 5:16-cv- 05540, (N.D. Cal., September 29, 2016), demands damages, reasonable litigation expenses and attorneys' fees, pre- and post- judgment interest and such other and further relief resulting from gross negligence. Yahoo provides Internet-based services to hundreds of millions of users on a regular and consistent basis. Yahoo's services in Australia are provided by Yahoo!7 Pty. Limited, a joint venture between Yahoo and Seven Network Ltd. On September 22, 2016, Yahoo!7 experienced a data breach thereby exposing sensitive personal information about its users, including the users' names, email addresses, telephone numbers, birth dates, passwords and security questions linked to a users' account. Plaintiff is represented by: Shawn A. Williams, Esq. ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 288-4545 Fax: (415) 288-4534 Email: shawnw@rgrdlaw.com - and - Paul J. Geller, Esq. Stuart A. Davidson, Esq. Jason H. Alperstein, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: (561) 750-3000 Fax: (561) 750-3364 Email: pgeller@rgrdlaw.com sdavidson@rgrdlaw.com jalperstein@rgrdlaw.com - and - Joel H. Bernstein, Esq. Corban S. Rhodes, Esq. Ross M. Kamhi, Esq. LABATON SUCHAROW LLP 140 Broadway, 34th Floor New York, NY 10005 Tel: (212) 907-0700 Fax: (212) 818-0477 Email: jbernstein@labaton.com crhodes@labaton.com rkamhi@labaton.com YAHOO! INC: Sweeney Seeks Review of Ruling in "Baker" Class Suit ---------------------------------------------------------------- Objector Appellant Patrick S. Sweeney filed an appeal from a decision relating to claims in the lawsuit titled Cody Baker, et al. v. Yahoo! Inc., Case No. 5:13-cv-04980-LHK, in the U.S. District Court for the Northern District of California, San Jose. As previously reported in the Class Action Reporter, parties in the Case entered into a settlement agreement, which is the product of almost two and a half years of litigation regarding Yahoo's practice of scanning and analyzing emails of non-Yahoo Mail subscribers in purported violation of federal and California wiretapping laws. The Plaintiffs allege that Yahoo's operation of its Yahoo Mail service violates the Stored Communications Act (SCA) and California's Invasion of Privacy Act (CIPA). The Plaintiffs represent a class of individuals, who do not use Yahoo's email service but have sent emails to Yahoo Mail subscribers from non- Yahoo email addresses. The Plaintiffs allege Yahoo's practices while operating Yahoo Mail violate state and federal wiretapping laws. The appellate case is captioned as Cody Baker, et al. v. Yahoo! Inc., Case No. 16-16759, in the United States Court of Appeals for the Ninth Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript must be ordered by October 26, 2016; -- Transcript is due on November 25, 2016; -- Appellant Patrick S. Sweeney's opening brief is due on January 4, 2017; -- Answering brief of Appellees Rebecca Abrams, Cody Baker, Halima Nobles, Brian Pincus and Yahoo! Inc. is due on February 6, 2017; and -- Appellant's optional reply brief is due 14 days after service of the answering brief. Plaintiffs-Appellees CODY BAKER, BRIAN PINCUS, REBECCA ABRAMS and HALIMA NOBLES, on behalf of themselves and all others similarly situated, are represented by: Daniel C. Girard, Esq. GIRARD GIBBS LLP 601 California Street San Francisco, CA 94108 Telephone: (415) 981-4800 E-mail: dcg@GirardGibbs.com - and - Laurence David King, Esq. KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street San Francisco, CA 94104 Telephone: (415) 772-4700 E-mail: lking@kaplanfox.com Defendant-Appellee YAHOO! INC. is represented by: Rebekah E. Kaufman, Esq. MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: (415) 268-7000 E-mail: rkaufman@mofo.com - and - Brian Matsui, Esq. Joseph R. Palmore, Esq. MORRISON & FOERSTER LLP 2000 Pennsylvania Avenue, NW Washington, DC 20006 Telephone: (202) 887-1500 E-mail: bmatsui@mofo.com jpalmore@mofo.com YES FOOD: "Sanchez" Food Seeks to Recoup Pay Under Wage Theft Act ----------------------------------------------------------------- Crispin Sanchez, on behalf of himself and all other persons similarly situated, v. Yes food LLC d/b/a Blue Dog Cafe, Elizabeth Slavutsky, and Chris "Doe," Case No. 1:16-cv-07823 (S.D.N.Y., October 6, 2016), seeks to recover alleged unpaid compensation under the Fair Labor Standards Act, the New York Labor Law and the Wage Theft Act. Defendants owned and operated a restaurant in New York. The Plaintiff is represented by: Michael Samuel, Esq. SAMUEL & STEIN 38 West 32nd Street, Suite 1110 New York, NY 10001 Phone: (212) 563-9884 E-mail: michael@samuelandstein.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. 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