/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/161103.mbx C L A S S A C T I O N R E P O R T E R Thursday, November 3, 2016, Vol. 18, No. 220 Headlines 91-06 GREEN: "Ramirez" Suit Seeks to Recover Unpaid OT Wages 94-10 REALTY: Fails to Pay Employees Overtime, "Romero" Suit Says ALPHA & OMEGA: Nov. 21 Hearing on Webb Class Certification Bid ALTAK INC: Settlement in "Villa-Cortez" Wins Final Approval AMERICAN AIRLINES: Huddleston Seeks to Certify Passengers Class AMERIQUEST SECURITY: "Ciambotti" Suit Seeks to Recover Unpaid OT CABELL COUNTY, WV: Mullins Seeks Certification of Voters Class CHANGE HEALTHCARE: Pressman Inc. Seeks to Certify TCPA Class CONOPCO INC: Settlement Deal in "Morales" Has Final Okay CONSUMER PORTFOLIO: Approval of Settlement Deal in "Hamm" Upheld CONVERGENT HEALTHCARE: Class Certification Sought in "Heisler" CYTOSPORT INC: Court Rules on Discovery Bids in "Clay" Suit DOLLAR TREE: Certification of Subclasses Sought in "Patton" Suit ENCORE RECEIVABLE: Class Certification Sought in "Merkovich" Suit EQUINOX HOLDINGS: Doesn't Properly Pay Workers, "Hook" Suit Says FEMALE HEALTH: Faces "Glotzer" Suit Over Proposed Aspen Merger FINANCIAL RECOVERIES: Class Certification Sought in "Ozier" Suit FISHER CONTAINER: Faces "Saenz" Suit Over Failure to Pay Overtime FORT ZUMWALT: Class Certification Sought in Videotaping Suit GREAT LAKES: Dawson Seeks to Certify Class of Students-Borrowers H. GREGORY 1: Bermudez, et al. Seek Certification of FLSA Class HORIZON HEALTHCARE: $33MM Settlement in "Demaria" Has Final Okay IMPERVA INC: Class Certification Sought in "Shankar" Suit IQOR HOLDINGS: FCRA Claim in "Shoots" Suit Dismissed ISLAND HOSPITALITY: Faces "Ruffy" Suit Over Failure to Pay OT JOSEPH CORY: Vazquez Seeks Certification of FDUPTA & IRS Classes JUDGE TECHNICAL: Court-Authorized Notice Sought in "Lewis-Gursky" KC RESTAURANT: Faces "Uddin" Suit Over Failure to Pay Overtime L BRANDS: Falsely Marketed Fragrance Refills, "Zander" Suit Says LKQ CORP: Class Cert. Hearing in "Wendell" Continued to Nov. 22 LOCUMS INC: Comprehensive Health's Bid to Certify Class Denied MCGREGOR GENERAL: Faces "Agosto" Suit Over Failure to Pay OT MDL 1203: Denial of Wilson Claim for Matrix Benefits Affirmed NARCONON FRESH: Rana Class Cert. Bid Up for Dec. 12 Hearing NBTY INC: Sweat Asks Court to Rule on Cert. Bid After Discovery NORTH CAROLINA: Appeals Court Revives Abrons Suit Over NCTracks OVAL OFFICE: Does Not Properly Pay Employees, "Stevens" Suit Says PATRIARCH PARTNERS: WARN Suits Referred to Bankruptcy Court RHG & COMPANY: Maxin Challenges "Made in the USA" Product Label SCHLUMBERGER LTD: Conditional Cert. Sought in "Venable" Suit SET ENTERPRISES: Shaw, et al. Seek Certification of FLSA Class SPECTRA ENERGY: Faces "McMillan" Suit Over Merger With Enbridge STARBROS LLC: Faces "Zeledon" Suit Over Failure to Pay Overtime STS CONSULTING: Lopez Seeks Certification of FLSA Class TEMPUR-SEALY: "Todd" Proceedings Stayed Pending Appeal TRANS ONE: Court Granted Motion to Facilitate Notice in "Matthis" TRANSAM LEASING: 10th Cir. Upholds Ruling Over Truckers' Fee TRANSWORLD SYSTEMS: Radcliffe Seeks Certification of Class U-HAUL COMPANY: Permanent Injunction in "Robinson" Affirmed WEINSTEIN & PINSON: Renewed Bid for Class Cert. Under Advisement ********* 91-06 GREEN: "Ramirez" Suit Seeks to Recover Unpaid OT Wages ------------------------------------------------------------ Damacio Diaz Ramirez, Rigoberto Garcia Diaz, Jacinto Mendez Diaz, Florencio Diaz Ramirez, Santos Vicente Vasquez Hernandez, Santos Ramirez Diaz, Milton Aroldo Diaz Alonso, Hector Joel Bentancourth Ixcoy, Jorge Ponce, Milvia Rosado and Juan Antonio Perez, on behalf of themselves and all others similarly situated v. 91-06 Green Grocery Inc. d/b/a Jamaica Green Grocery, 91-08 Station Deli Corp. d/b/a H&Y Meat Market, Rainbow Fish Market, Hee Jo Lee, Yun Kyeng Won, Hyun Soon Chun, John Lee and Shin Mi Jung, Case No. 1:16-cv-05893 (E.D.N.Y., October 23, 2016), seeks to recover unpaid minimum wage, overtime compensation, spread-of-hours pay, and other monies, as required by the Fair Labor Standards Act. The Defendants own and operate a grocery store and a meat market at 91-08 Sutphin Blvd., Queens, NY 11434. The Plaintiff is represented by: Steven Areson, Esq. ARESON, DITTMAR & KARBAN 200 Park Avenue, Suite 1700 New York, NY 10166 Telephone: (212) 490-3600 Facsimile: (212) 682-0278 94-10 REALTY: Fails to Pay Employees Overtime, "Romero" Suit Says ----------------------------------------------------------------- Fernando Romero, individually and on behalf of others similarly situated v. 94-10 Realty, LLC and Pat Doe, Case No. 1:16-cv-05882- ENV-RER (S.D.N.Y., October 21, 2016), is brought against the Defendants for failure to pay overtime compensation for hours worked over 40 per week. The Defendants operate a residential building located at 42-16 80th Street #1N, Elmhurst, New York 11373. The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com ALPHA & OMEGA: Nov. 21 Hearing on Webb Class Certification Bid -------------------------------------------------------------- In the lawsuit styled MICHAEL WEBB on behalf of himself and in a representative capacity for all others similarly situated, the Plaintiff, v. ALPHA AND OMEGA SERVICES, INC; FRANK KELLER, the Defendants, Case No. 5:16-cv-01609-RGK-KK (C.D. Cal.), the Plaintiff will move the Court to certify a class at 9:00 a.m. on November 21, 2016. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=mXowlQbf The Plaintiff is represented by: Paul D. Jackson, Esq. Jeffrey P. Jackson, Esq. JACKSONLAW, LLP 10951 Sorrento Valley Road, Suite 1-G San Diego, CA 92121-1613 Telephone: (858) 552 4900 Facsimile: (858) 552 4904 - and - Marshall Lurtz, Esq. CADENA CHURCHILL, LLP 701 "B" Street, Suite 1700 San Diego, CA 92101 Telephone: (619) 546 0888 Facsimile: (619) 923 3208 ALTAK INC: Settlement in "Villa-Cortez" Wins Final Approval ----------------------------------------------------------- The Hon. Robert M. Dow Jr. entered an order in the lawsuit captioned Maria Villa-Cortez, et al., the Plaintiff, v. Altak, Inc., et al., the Defendant, Case No1:15-cv-00725 (N.D. Ill.), granting Plaintiffs' motion for final approval of settlement agreement and petition for an award of attorneys' fees and costs. According to the docket entry made by the Clerk on October 18, 2016, a motion hearing was held on that day; Erminia Guerrero did not appear, as stated on the record; and Parties to submit a proposed order. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=Yt5xNjT3 AMERICAN AIRLINES: Huddleston Seeks to Certify Passengers Class --------------------------------------------------------------- The Plaintiff in the lawsuit titled LUCAS HUDDLESTON, on Behalf of Himself and All Others Similarly Situated v. AMERICAN AIRLINES, INC., Case No. 1:16-cv-09100 (N.D. Ill.), moves to certify this class: All persons in the U.S. who were ticketed and confirmed to travel on flights marketed and operated by American, who presented themselves for check-in with no checked baggage more than 30 minutes but within 60 minutes before scheduled departure for flights between an international airport and a domestic airport, and more than 30 minutes but within 45 minutes before scheduled departure for flights from a domestic airport to an international airport, and who American barred from boarding their flight during the period November 29, 2011 through the present. Excluded from the class are defendants herein, and any person, firm, trust, corporation, or other entity related to or affiliated with defendants, including without limitation persons who are officers, directors, employees, agents, associates or partners of defendants. Mr. Huddleston files the Motion pursuant to Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), which was overruled in part by Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). He also asks the Court to appoint him as the class representative, and to appoint his attorneys as class counsel. He further asks the Court to establish a schedule for briefing the Motion that will call for briefing to occur after dispositive motions (if any) are resolved and after Rule 23 discovery has been completed. Mr. Huddleston proposes that the parties address the briefing on class certification in the joint written status report that the Court has requested by November 29, 2016, and that the parties and Court address certification scheduling in the status conference with the Court set for December 14, 2016. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=L8HmfOoj The Plaintiff is represented by: Daniel F. Lynch, Esq. James L. Thompson, Esq. LYNCH THOMPSON LLP 150 S Wacker Drive, Suite 2600 Chicago, IL 60606 Telephone: (312) 346-1600 Facsimile: (312) 896-5883 E-mail: dlynch@lynchthompson.com jthompson@lynchthompson.com - and - Michael J. Boni, Esq. Joshua D. Snyder, Esq. John E. Sindoni, Esq. BONI & ZACK LLC 15 St. Asaphs Rd. Bala Cynwyd, PA 19004 Telephone: (610) 822-0200 Facsimile: (610) 822-0206 E-mail: mboni@bonizack.com jsnyder@bonizack.com jsindoni@bonizack.com - and - Benjamin Edelman, Esq. 169 Walnut Street Brookline, MA 02445 Telephone: (617) 359-3360 E-mail: ben@benedelman.org - and - Oren S. Giskan, Esq. GISKAN SOLOTAROFF & ANDERSON LLP 11 Broadway, #2150 New York, NY 10004 Telephone: (212) 847-8315 Facsimile: (646) 520-3237 E-mail: ogiskan@gslawny.com AMERIQUEST SECURITY: "Ciambotti" Suit Seeks to Recover Unpaid OT ---------------------------------------------------------------- Arturo Ciambotti, as an individual and on behalf of all others similarly situated v. Ameriquest Security Service, Ameriquest National Security, Inc., Ameriquest Security, Inc., and Does 1 through 100, Case No. BC638036 (Cal. Super. Ct., October 21, 2016), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. The Defendants operate a security services company that provides security solutions to businesses throughout a variety of industries and sectors, with locations within the County of Los Angeles. The Plaintiff is represented by: Paul K. Haines, Esq. Gene Williams, Esq. Fletcher W. Schmidt, Esq. Andrew J. Rowbotham, Esq. HAINES LAW GROUP, APC 2274 East Maple Ave. El Segundo, CA 90245 Telephone: (424) 292-2350 Facsimile: (424) 292-2355 E-mail: phaines@haineslawgroup.com gwilliams@haineslawgroup.com fschmidt@haineslawgroup.com arowbotham@haineslawgroup.com CABELL COUNTY, WV: Mullins Seeks Certification of Voters Class -------------------------------------------------------------- The Plaintiff in the lawsuit styled ALLISON MULLINS, on behalf of herself and all others similarly situated v. KAREN COLE, in her official capacity as CLERK OF CABELL COUNTY, Case No. 3:16-cv- 09918 (S.D.W. Va.), moves the Court to certify a class of all qualified voters in Cabell County, who properly used the Secretary of State's online system to submit a voter registration application or update their voter registration information by October 18, 2016. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=VdJXMT2g The Plaintiff is represented by: Jamie Lynn Crofts, Esq. AMERICAN CIVIL LIBERTIES UNION OF WEST VIRGINIA FOUNDATION P.O. Box 3952 Charleston, WV 25339-3952 Telephone: (304) 345-9246 Facsimile: (304) 345-0207 E-mail: jcrofts@acluwv.org - and - Anthony J. Majestro, Esq. ACLU OF WEST VIRGINIA FOUNDATION Powell & Majestro, PLLC 405 Capitol Street, Suite P-1200 Charleston, WV 25301 Telephone: (304) 346-2889 Facsimile: (304) 346-2895 E-mail: amajestro@powellmajestro.com - and - Dale E. Ho, Esq. Sean J. Young, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. 125 Broad St., 18th Floor New York, NY 10004 Telephone: (212) 549-2693 E-mail: dale.ho@aclu.org syoung@aclu.org CHANGE HEALTHCARE: Pressman Inc. Seeks to Certify TCPA Class ------------------------------------------------------------ The Plaintiff in the lawsuit entitled PRESSMAN, INC. d/b/a PILL BOX PHARMACY & MEDICAL SUPPLY, a Florida corporation, individually and as the representative of a class of similarly-situated persons v. CHANGE HEALTHCARE HOLDINGS, INC., CHANGE HEALTHCARE ENGAGEMENT SOLUTIONS, INC., CHANGE HEALTHCARE SOLUTIONS, LLC, PSKW, LLC, and JOHN DOES 1-12, Case No. 0:16-cv-62472-WJZ (S.D. Fla.), moves for entry of an order certifying this class: Each person that was sent one or more telephone facsimile messages promoting the commercial availability or quality of property, goods, or services from PSKW or Change Healthcare and containing the following language: Pharmacy Instructions - MFG Co-Pay Card 1. Select the card-medication Brand from the list 2. Enter BIN-PCN-GRP-ID# 3. Use same card BIN-PCN-GRP-ID# for all patients. Pressman Inc. informs the Court that it files the Motion soon after the filing of its class action complaint in order to avoid an attempt by the Defendants to moot its individual claims in the class action. However, Pressman Inc. asserts, in this case, additional discovery is necessary for the Court to determine whether to certify the class Plaintiff seeks to represent. As a result, Plaintiff will seek leave to pursue class discovery as soon as practicable. The case involves common fact questions about the Defendants' alleged fax campaign and common legal questions under the Telephone Consumer Protection Act. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=TsplMM22 The Plaintiff is represented by: Phillip A. Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. La Salle St., Suite 1000 Chicago, IL 60602 P.O. Box 416474 Miami Beach, FL 33141 Telephone: (312) 658-5500 Facsimile: (312) 658-5555 E-mail: phil@classlawyers.com CONOPCO INC: Settlement Deal in "Morales" Has Final Okay -------------------------------------------------------- In the case captioned ALBA MORALES; LANIE COHEN; LINDA CLAYMAN; and KENNETH DREW, on behalf of themselves and all other similarly APPROVAL OF CLASS situated, Plaintiffs, v. CONOPCO, INC., d/b/a Unilever, Defendant, Civ. No. 2:13-2213 WBS EFB (E.D. Cal.), Judge William B. Shubb granted the plaintifffs' motion for final approval of the class action settlement. The named plaintiffs, Alba Morales, Lanie Cohen, Linda Clayman, and Kenneth Drew brought this putative class action against defendant Conopco, Inc., d/b/a Unilever, asserting claims arising out of the defendant's alleged labeling of certain hair care products as "TRESemme Naturals" despite them containing synthetic ingredients. Judge Shubb certified the following class "All individuals in the United States who purchased the following TRESemme Naturals products: (a) Nourishing Moisture Shampoo; (b) Nourishing Moisture Conditioner; (c) Radiant Volume Shampoo; (d) Radiant Volume Conditioner; (e) Vibrantly Smooth Shampoo; and (f) Vibrantly Smooth Conditioner. Specifically excluded from the Class are (1) defendant, (2) the officers, directors, or employees of defendant and their immediate family members, (3) any entity in which defendant has a controlling interest, (4) any affiliate, legal representative, heir, or assign of defendant, (5) all federal court judges who have presided over this action and their immediate family members, (6) all persons who submit a valid request for exclusion from the class, and (7) those who purchased the products for the purpose of resale." Judge Shubb appointed the named plaintiffs as representatives of the class, Mark Kindall of Izard, Kindall & Raabe, LLP as counsel to the settlement class, and Alan Plutzik and Michael Strimling of Bramson, Plutzik, Mahler & Birkhaeuser, LLP as liaison counsel. The judge also held that class counsel and liaison counsel are entitled to fees and costs in the amount of $883,200.54, plaintiff Clayman is entitled to an incentive award in the amount of $1,000.00, plaintiff Drew is entitled to an incentive award in the amount of $4,000.00, plaintiff Cohen is entitled to an incentive award in the amount of $4,000.00, and plaintiff Morales is entitled to an incentive award in the amount of $6,000.00. A full-text copy of Judge Shubb's October 18, 2016 memorandum and order is available at https://is.gd/ZY0DhX from Leagle.com. Alba Morales, Lainie Cohen, Plaintiffs, represented by Joseph DePalma -- jdepalma@litedepalma.com -- Lite DePalma Greenberg, LLC, pro hac vice, Katrina Carroll -- kcarroll@litedepalma.com -- Lite Depalma Greenberg LLC, pro hac vice, Mark P. Kindall -- mkindall@ikrlaw.com -- Izard, Kindall & Raabe, LLP, Robert A. Izard -- rizard@ikrlaw.com -- Izard Nobel LLP, Nicole Anne Veno -- nveno@venolaw.com -- Law Office of Nicole A. Veno, LLC, pro hac vice & Alan R. Plutzik -- aplutzik@bramsonplutzik.com -- Bramson Plutzik Mahl & Birkhaeuser, LLP. Linda Clayman, Kenneth Drew, Plaintiffs, represented by Katrina Carroll, Lite Depalma Greenberg LLC, pro hac vice, Nicole Anne Veno, Law Office of Nicole A. Veno, LLC, pro hac vice, Robert A. Izard, Izard Nobel LLP, Mark P. Kindall, Izard, Kindall & Raabe, LLP & Alan R. Plutzik, Bramson Plutzik Mahl & Birkhaeuser, LLP. Conopco, Inc., Defendant, represented by Jay P. Lefkowitz -- lefkowitz@kirkland.com -- Kirkland & Ellis LLP, Kristin Sheffield- Whitehead -- kristin.sheffield-whitehead@kirkland.com -- Kirkland & Ellis, LLP, Michael Phillip Esser -- michael.esser@kirkland.com -- Kirkland & Ellis LLP & Ross Weiner -- ross.weiner@kirkland.com -- Kirkland & Ellis LLP. CONSUMER PORTFOLIO: Approval of Settlement Deal in "Hamm" Upheld ---------------------------------------------------------------- The Court of Appeals of California, Third District, Sacramento affirmed the trial court's approval of the settlement agreement in the case captioned RANDALL HAMM et al., Plaintiffs and Respondents, v. CONSUMER PORTFOLIO SERVICES, INC., et al., Defendants and Respondents; JOSE GALLEGOS, Objector and Appellant, No. C078147 (Cal. Ct. App.). A class action was filed by Randall and Deborah Hamm against Consumer Portfolio Services, Inc. (CPS) to obtain relief from the secured creditor's attempts to recover deficiency judgments on repossessed cars that were eventually sold by CPS. The plaintiffs alleged that they were not liable for any deficiency because CPS's notice of intent to sell the vehicle (NOI) did not comply with the Rees-Levering Motor Vehicle Sales and Finance Act's requirements. They also alleged CPS violated the unfair competition law and breached their contract. They sought declaratory relief, injunctive relief prohibiting CPS from collecting the alleged deficiencies, credit repair, and restitution. There were 2,189 members of the putative class, whose deficiency balances totaled $18,158,243. CPS had collected a total of $826,910 from putative class members in payments on their deficiency balances. After discovery and failed settlement attempts, the parties entered into a settlement agreement in 2014. For its part, CPS agreed to the following terms: -- It will not contest plaintiffs' allegation that the NOI's sent to the settlement class members from June 24, 2006, to October 20, 2010, did not strictly comply with the requirements of the Rees-Levering Act. -- It will cease all efforts to collect deficiency balances from the class members. -- It will refund to class members 78.75 percent of all amounts they have paid on their deficiency balances. -- It will change its account records to reflect a zero balance on all class member accounts on which it assessed a deficiency balance. -- It will instruct credit rating agencies to delete all class members' trade lines with respect to their accounts. -- It will not issue an IRS Form 1099 to class members unless the IRS orders it to do so. For their part, class members expressly waived all rights under Civil Code section 1542 and released CPS from all claims, known and unknown, which could have been asserted based on the facts alleged in the action and on CPS's NOI. The trial court preliminarily approved the settlement agreement, preliminarily certified the class for purposes of settlement, and approved the notice of the proposed settlement to be sent to all class members. Appellant Jose Gallegos filed the only objection, arguing the settlement agreement was unfair, inadequate, and unreasonable. The crux of his objection was his belief that CPS's waiver of outstanding deficiency balances would create a taxable event for class members. The trial court denied Gallegos's objection, found the class notice adequate in all respects, and granted final approval to the settlement agreement. It ruled the agreement was fair, adequate, and reasonable. The court also determined the class notice adequately informed class members of potential tax liability. On appeal, Gallegos contended the trial court abused its discretion when it approved the settlement agreement and found the class notice adequate. The appellate court found that the trial court did not abuse its discretion in approving the settlement agreement, having reviewed the relevant factors and satisfied itself that the consideration CPS offered to class members was reasonable in light of the case's strengths and risks. The appellate court also found that the trial court did not abuse its discretion by finding the class notice sufficiently explained the settlement. The appellate court held that the notice met all of the requirements imposed by the California Rules of Court, and also sufficiently explained the terms of the settlement. A full-text copy of the appellate court's October 18, 2016 ruling is available at https://is.gd/iEEQQu from Leagle.com. CONVERGENT HEALTHCARE: Class Certification Sought in "Heisler" -------------------------------------------------------------- In the lawsuit entitled CHAD H. HEISLER, on behalf of himself and the lass, the Plaintiff, v. CONVERGENT HEALTHCARE RECOVERIES, INC., an Illinois Corporation; and JOHN DOES 1-25, the Defendants, Case No 2:16-cv-01344-NJ (E.D. Wisc.), the Plaintiff seeks to certify a class of: "all persons with addresses in the State of Wisconsin to whom CHRI mailed an initial written communication in an attempt to collect a debt that was not returned as undeliverable by the United States Postal Service which listed "Re: WF, Inc- Elmwood Mem" as a means for identifying the creditor on or after October 6, 2015 and on or before October 27, 2016". Excluded from the Class is CHRI and its officers, members, partners, managers, directors and employees and their respective immediate families, and legal counsel for all parties to this action and all members of their immediate families The Plaintiff further asks the Court that Stern Thomasson LLP and Edelman, Combs, Latturner & Goodwin, LLC be appointed counsel for the class. The Plaintiff asserts claims against Defendants under the Fair Debt Collection Practices Act (FDCPA). A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=qsbZiUNP The Plaintiff is represented by: Daniel A. Edelman, Esq. Francis R. Greene, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, L.L.C. 20 S. Clark Street, Suite 1500 Chicago, Illinois 60603 Telephone: (312) 739 4200 Facsimile: (312) 419 0379 CYTOSPORT INC: Court Rules on Discovery Bids in "Clay" Suit ----------------------------------------------------------- In the case captioned CHAYLA CLAY, et al., Plaintiffs, v. CYTOSPORT, INC., Defendant, Case No. 15-cv-00165-L (DHB) (S.D. Cal.), Judge David H. Bartick granted in part and denied, in part, the plaintiffs' motion to compel, granted the plaintiffs' motion to file documents under seal, and granted the parties' joint motion on the parties' stipulation regarding certain discovery and class certification. The plaintiffs, Chayla Clay, Erica Ehrlichman, and Logan Reichert, individually and on behalf of all others similarly situated, alleged that the defendant, Cytosport, Inc., mislabels its ready- to-drink (RTD) protein supplements in violation of the California Unfair Competition Law, California False Advertising Law, the California Consumer Legal Remedies Act, the Michigan Consumer Protection Act, and the Florida Deceptive and Unfair Trade Practices Act, and in breach of an express and written warranty. On July 14, 2016, the plaintiffs and Cytosport filed a Joint Motion for Determination of Discovery Dispute regarding Plaintiffs' Amended Requests for Production and Amended Special Interrogatories. The plaintiffs sought an order of the Court compelling complete responses to Requests Nos. 14 and 15 and Interrogatories Nos. 25 and 26. The plaintiffs further sought an order of the Court compelling the defendant to produce documents and information responsive to the plaintiffs' discovery requests relating to all package sizes of the Class Products enumerated in paragraph 52 of the Complaint. On July 19, 2016, the parties filed another Joint Motion for Determination of Discovery Dispute. The plaintiffs sought an order of the Court compelling further responses to Requests Nos. 29 and 30 in Plaintiffs' Amended Notice of Deposition Pursuant to Federal Rules of Civil Procedure 30(b)(6), 30(b)(2), and 34, and Requests Nos. 38 and 40-45 in their Fourth Set of Requests to Produce Documents. The plaintiffs also filed a related motion to seal documents. As an initial matter, Cytosport argued the Joint Motion should be denied as untimely because of the plaintiffs' delay in providing Cytosport with their complete draft and supporting declaration and exhibits. The Court found that Cytosport was not materially prejudiced, and it is in the interests of justice for the Court to address the merits of the dispute. Request for Production No. 14 sought all documents and data that refer or relate to protein and L-Glutamine ingredients added, removed, or substituted in the class products. Request for Production No. 15 sought all documents and data that refer or relate to any modifications to the recipe, formula, or method of manufacture used to create the class products that could affect protein or L-Glutamine content. In Interrogatory No. 25, the plaintiffs asked Cytosport to identify the Universal Product Codes (UPCs) for the class products distributed during the relevant time period. In Interrogatory No. 26, the plaintiffs asked Cytosport to identify all labels used on each of the class products distributed during the relevant time period, including: (1) the name and size/volume of the product on which the label appeared; (2) the dates during which the label was used; and (3) the Bates number of the label, if the label has already been produced, or the name of the custodian of the document and its location. To the extent Cytosport has not produced the recipes for each of the products listed in paragraph 52 of the Complaint, including all variations in size and flavor, for the entire class period, Judge Bartick granted the plaintiffs' request to compel production of these documents. The judge, however, agreed with Cytosport that it need not create additional lists or spreadsheets reflecting any changes, so long as all underlying documentation has been produced which enables the plaintiffs to determine if and when changes are made to the class products over the class period. Because Judge Bartick found all sizes and flavors of the products listed in paragraph 52 of the Complaint, for the entire class period, to be relevant, the plaintiffs' motion to compel further responses related to these products was granted. The judge ordered that the defendant must provide full and complete responses to Interrogatories Nos. 25 and 26, identifying the UPCs and labels for all of these products, and all additional information requested in Interrogatory No. 26. The plaintiffs also moved to compel responses to (1) Requests for Production Nos. 29 and 30 in Plaintiffs' Amended Notice of Deposition Pursuant to Federal Rules of Civil Procedure 30(b)(6), 30(b)(2) and 34, and (2) Requests Nos. 38 and 40-45 in their Fourth Set of Requests to Produce Documents. With respect to Requests Nos. 29 and 30 in the Amended Deposition Notice, the plaintiffs stated these documents were eventually produced on July 11, 2016, but not as to the 8.25 oz. and 11 oz. RTD class products. Request No. 38 sought a copy of the Protein Quality Report from Cytosport's Genesis database for each version of the recipes used to produce the class products. Requests Nos. 40-43 sought manuals, guides, and instructions for Cytosport's (1) Genesis R&R software and database, (2) Sage 500 software, (3) O2 Processing module for the Sage 500 software, and (4) Redzone Continuous Improvement System software. Request No. 44 sought all standard operating procedures related to the production or formulation of the class products. Lastly, Request No. 45 sought all documents and data related to the acceptable variances for protein and other nutrients in the class products for the relevant time period. Cytosport previously agreed to produce documents responsive to Request No. 38, but not as to the 8.25 oz. and 11 oz. RTD products. Cytosport also refused to produce any documents responsive to Requests Nos. 40-45. As to Request Nos. 29, 30, 38, 44, and 45, Judge Bartick granted the plaintiffs' motion to compel further responses as to all sizes and flavors for the entire class period. For Requests Nos. 40-43, the parties agreed that these requests relate only to the merits and not to class certification. Accordingly, the plaintiffs' motion to compel further responses to these requests was denied as moot at this time. To the extent the plaintiffs still require production of these documents, if and when this case reaches the merits stage, Judge Bartick stated that the parties shall re-brief the issues addressing the relevance of these requests to the merits of the case. A full-text copy of Judge Bartick's October 18, 2016 order is available at https://is.gd/cuGl7h from Leagle.com. Chayla Clay, Plaintiff, represented by Amy L. Marino -- amarino@sommerspc.com -- Sommers Schwartz, P.C., pro hac vice, Jason J. Thompson -- jthompson@sommerspc.com -- Sommers Schwartz PC, pro hac vice, Nick Suciu, III, Barbat Mansour & Suciu PLLC, pro hac vice, Trenton R. Kashima -- trk@classactionlaw.com -- Finkelstein & Krinsk, LLP & Jeffrey R. Krinsk -- jrk@classactionlaw.com -- Finkelstein and Krinsk. Erica Ehrlichman, Logan Reichert, Plaintiffs, represented by Amy L. Marino, Sommers Schwartz, P.C., pro hac vice, Jason J. Thompson, Sommers Schwartz PC, pro hac vice, Trenton R. Kashima, Finkelstein & Krinsk, LLP & Jeffrey R. Krinsk, Finkelstein and Krinsk. Cytosport, Inc., Defendant, represented by Aaron D. Van Oort -- aaron.vanoort@faegrebd.com -- Faegre Baker Daniels LLP, pro hac vice, Christine R.M. Kain -- christine.kain@faegrebd.com -- Faegre & Benson LLP, pro hac vice, David P. Burke -- dburke@neildymott.com -- Neil Dymott Frank McFall & Trexler, Sarah Lynn Brew -- sarah.brew@faegrebd.com -- Faegre Baker Daniels LLP, pro hac vice, Tyler A. Young -- tyler.young@faegrebd.com -- Faegre Baker Daniels LLP, pro hac vice & Matthew I. Kaplan -- matthew.kaplan@tuckerellis.com -- Tucker Ellis & West LLP. DOLLAR TREE: Certification of Subclasses Sought in "Patton" Suit ---------------------------------------------------------------- The Plaintiffs in the lawsuit styled CURTIS PATTON, an individual, on behalf of himself and all others similarly situated; FRANCISCA GUILLEN, an individual, on behalf of herself and all others similarly situated v. DOLLAR TREE STORES, INC., a Virginia corporation; and DOES 1 through 100, inclusive, Case No. 2:15-cv- 03813-MWF-PJW (C.D. Cal.), move the Court for an order certifying two subclasses: (1) Wage Statement Subclass: All persons employed in one or more of Defendant's retail stores in California at any time on or after April 2, 2014 who received their wages via direct deposit or Pay Card and have not entered into an arbitration agreement with Defendant. (2) Store Manager Subclass: All persons employed as Store Manager in one or more of Defendant's retail stores in California at any time on or after April 2, 2011 who have not entered into an arbitration agreement with Defendant. The Plaintiffs also ask the Court to appoint Plaintiff Curtis Patton, a former Store Manager of the Dollar Tree stores in Garden Grove and Pico Rivera, California, as Class Representative for the Store Manager Subclass; to appoint Plaintiff Francisca Guillen, a former Cashier and Assistant Manager in the Dollar Tree store in Pico Rivera, California, as Class Representative for the Wage Statement Subclass; and to appoint Mike Arias, Esq., and Mikael H. Stahle, Esq., of Arias Sanguinetti Stahle & Torrijos LLP as Class Counsel. The Court will commence a hearing on November 21, 2016, at 10:00 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=AbzzrIiq The Plaintiffs are represented by: Mike Arias, Esq. Mikael H. Stahle, Esq. ARIAS SANGUINETTI STAHLE & TORRIJOS LLP 6701 Center Drive West, Suite 1400 Los Angeles, CA 90045 Telephone: (310) 844-9696 Facsimile: (310) 861-0168 E-mail: mike@asstlawyers.com mikael@asstlawyers.com Defendant Dollar Tree Stores, Inc., is represented by: Lindbergh Porter, Esq. Mary D. Walsh, Esq. LITTLER MENDELSON, P.C. 650 California Street, 20th Floor San Francisco, CA 94108 Telephone: (415) 433-1940 Facsimile: (415) 399-8490 E-mail: lporter@littler.com mdwalsh@littler.com - and - Dominic J. Messiha, Esq. Christopher L. Dengler, Esq. LITTLER MENDELSON, P.C. 2049 Century Park East, 5th Floor Los Angeles, CA 90067 Telephone: (310) 553-0308 Facsimile: (310) 553-5583 E-mail: dmessiha@littler.com cdengler@littler.com ENCORE RECEIVABLE: Class Certification Sought in "Merkovich" Suit ----------------------------------------------------------------- In the lawsuit titled PATRICIA MERKOVICH, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. ENCORE RECEIVABLE MANAGEMENT, INC., the Defendant, Case No. 2:16-cv- 01408-JPS (E.D. Wisc.), the Plaintiff asks the Court to certify a class, and appoint Plaintiff as its representative, and Ademi & O'Reilly, LLP as its class counsel. The Plaintiff further asks the Court to stay this class certification motion until an amended motion for class certification is filed, and grant the parties relief from the local rules' automatic briefing schedule and requirement that Plaintiff file a brief and supporting documents in support of the motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=7SCeC4HZ The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com EQUINOX HOLDINGS: Doesn't Properly Pay Workers, "Hook" Suit Says ---------------------------------------------------------------- Amanda Hook, on behalf of herself and all others similarly situated v. Equinox Holdings, Inc., Equinox Fitness South Bay, Inc., and Does 1 through 10, inclusive, Case No. BC638187 (Cal. Super. Ct., October 21, 2016), is brought against the Defendants for failure to pay the legally required wages for all hours worked, including regular, minimum and overtime wages and failure to provide proper meal periods and/or rest breaks without paying employees one hour of pay at their regular rate of compensation. The Defendants operate fitness centers and spas providing personal training, yoga instruction, massage and other personal services in locations throughout the United States, including the State of California. The Plaintiff is represented by: Scott B. Cooper, Esq. Samantha A. Smith, Esq. THE COOPER LAW FIRM, P.C. 4000 Barranca Parkway, Suite 250 Irvine, CA 92604 Telephone: (949) 724-9200 Facsimile: (949)724-9255 E-mail: scott@cooper-firm.com samantha@cooper-firm.com FEMALE HEALTH: Faces "Glotzer" Suit Over Proposed Aspen Merger -------------------------------------------------------------- Martin Glotzer, on behalf of himself and all others similarly situated v. The Female Health Company, and O.B. Parrish, William Gargiulo, Jr., Donna Felch, David Bethune, Andrew Love, Mary Margaret Frank, and Sharon Meckes, Case No. 2016-CH-13815 (Ill. Ch. Ct., October 21, 2016), is brought on behalf of all public shareholders of The Female Health Company, to enjoin the proposed merger of FHCO and Aspen Park Pharmaceuticals through a flawed process and inadequate consideration. The Female Health Company designs, manufactures, and profitably markets consumer healthcare products for women. The Plaintiff is represented by: Clinton A. Krislov, Esq. Matthew T. Peterson, Esq. KRISLOV & ASSOCIATES, LTD. 20 N. Wacker Dr. Suite 1300 Chicago, IL 60606 Telephone: (312) 606-0500 Facsimile: (312) 606-0207 E-mail: clint@krislovlaw.com matthew@krislovlaw.com FINANCIAL RECOVERIES: Class Certification Sought in "Ozier" Suit ---------------------------------------------------------------- In the lawsuit entitled DEBORAH OZIER and ALLIE OZIER, Individually and on Behalf of All Others Similarly Situated, the Plaintiffs, v. FINANCIAL RECOVERIES, INC., the Defendant, Case No. 2:16-cv-01409-PP (E.D. Wisc.), the Plaintiffs ask the Court to certify a class, appoint themselves as its representative, and appoint Ademi & O'Reilly, LLP as its Counsel. The Plaintiffs further ask that the Court stay this class certification motion until an amended motion for class certification is filed, and that the Court grant the parties relief from the local rules' automatic briefing schedule and requirement that Plaintiffs file a brief and supporting documents in support of this motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=GsBGUQzK The Plaintiffs are represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com FISHER CONTAINER: Faces "Saenz" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Martha Cecilia Reza Saenz, Veronica Reza Saenz, Jose Raymundo Moran Castillo, Carlos Roman-Bustamante, Nelida Dimas-Zavala, Blanca Flora, Adriana Fernandez Guillen Sandoval, Huber Giles, Reyna Jop-Canseco, Gabriela Vazquez Chavez, Ruben Flores Villalobos, Manuel Gaytan Quintana, Delia Garzona Garcia De Moran, William De Jesus Santiago Jop, Adolfo Delgado Mendoza, Alfredo Arce-Abarca, Silvia Raygoza-Robles, Carolina Roman Roman Garcia, Karina Avila Trejo, Fidel Garcia-Flores, Edgar Eduardo Garzona Garcia, Ademir Alejandro Galvan Hernandez, Elias Garcia-Bustamante, Samuel Ramirez-Ojeda, Pedro Bahena-Guadarrama, Bilmer Ojeda-Chavez, y Maria Elena Brito- Martinez individually, and on behalf of other employees similarly situated, v. Fisher Container Corp. and Michael D. Fisher, Case No. 1:16-cv-09939 (N.D. Ill., October 22, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. Fisher Container Corp. is a manufacturer and supplier of cleanroom bags and industrial packaging. The Plaintiff is represented by: Valentin T. Narvaez, Esq. CONSUMER LAW GROUP, LLC 6232 N. Pulaski, Suite 200 Chicago, IL 60646 Telephone: (312) 878-1302 E-mail: vnarvaez@yourclg.com FORT ZUMWALT: Class Certification Sought in Videotaping Suit ------------------------------------------------------------ In the lawsuit captioned JOHN DOE, as Next Friend of JAMES DOE, on behalf of himself and 77 other similarly situated individual minors, the Plaintiff, v. MATTHEW M. HANSEN, et al., the Defendants, Case No. 4:16-cv-00546-JAR (E.D. Mo.), the Plaintiffs seek certification of a class of: "all minors videotaped by Matthew Hansen between calendar years 2007 and 2011, while they attended the Fort Zumwalt summer camp held at Cuivre River State Park". According to the complaint, the Plaintiffs to this action are minor children who were videotaped while nude. Defendant Matthew Hansen was a former school teacher for the Fort Zumwalt School District. The School District operated a summer camp located at Cuivre River State Park in Lincoln County, Missouri. The remaining Defendants are the administrators, principals and teachers of Fort Zumwalt School District who supervised the summer camp. Defendant Hansen made his video recordings while the students were at the summer camp. The case seeks compensatory damages on behalf of the minors on legal claims, federal and state, for violations of the United States Constitution, the Child Abuse Victims Rights Act of 1986, as well as Missouri common law claims. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=eWiDVhME The Plaintiff is represented by: Larry A. Bagsby, Esq. THE BAGSBY LAW FIRM 125 North Main Street, Suite 204 St. Charles, MO 63301 Telephone: (636) 244 5595 Facsimile: (636) 244 5596 E-mail: larrybagsby@aol.com - and - Deborah J. Alessi, Esq. SHEA, KOHL, ALESSI & KUHL, LC 400 North Fifth Street, Suite 200 St. Charles, MO 63301 Telephone: (636) 946 9999 Facsimile: (636) 946 8623 E-mail: dalessi@skaklaw.com The Defendant is represented by: Celynda L. Brasher, Esq. Michael J. Curry, Esq. Tueth, Keeney, Cooper, Esq. MOHAN & JACKSTADT, PC 34 N. Meramec, Suite 600 St. Louis, MO 63105 E-mail: cbrasher@tuethkeeney.com GREAT LAKES: Dawson Seeks to Certify Class of Students-Borrowers ---------------------------------------------------------------- Meredith D. Dawson submits her renewed motion for class certification in her lawsuit entitled MEREDITH D. DAWSON v. GREAT LAKES EDUCATIONAL LOAN SERVICES, INC., GREAT LAKES HIGHER EDUCATION CORPORATION, JILL LEITL, DAVID LENTZ, and MICHAEL WALKER, Case No. 3:15-cv-00475-bbc (W.D. Wisc.). She moves to certify this Class: All persons who, between January 1, 2006 and the present: (i) were borrowers of a student loan issued under the Federal Family Education Loan Program ("FFEL" or "FFELP"), or of a student loan issued under the Federal Direct Loan Program ("Direct"); (ii) had their FFELP and/or Direct student loan(s) serviced by Great Lakes Educational Loan Services, Inc. or Great Lakes Higher Education Corporation (collectively, "Great Lakes"); (iii) had Great Lakes place their FFELP and/or Direct student loan(s) in an administrative forbearance status for a period of up to 60 days, concurrent with the processing of their application for a deferment, forbearance, consolidation loan, or change in repayment plan; and (iv) had any amount of accrued interest capitalized at the end of the administrative forbearance period. Excluded from the Class are Defendants and their respective officers, affiliates and directors at all relevant times, members of their immediate families and their legal representatives, heirs, successors or assigns. Ms. Dawson also asks the Court to appoint her as Class Representative and her counsel, Finkelstein & Krinsk LLP, as Class Counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=m2ygQeJD The Plaintiff is represented by: Jeffrey R. Krinsk, Esq. David J. Harris, Jr., Esq. Trenton R. Kashima, Esq. A. Trent Ruark, Esq. FINKELSTEIN & KRINSK LLP 550 West C Street, Suite 1760 San Diego, CA 92101 Telephone: (619) 238-1333 Facsimile: (619) 238-5425 E-mail: jrk@classactionlaw.com djh@classactionlaw.com trk@classactionlaw.com atr@classactionlaw.com H. GREGORY 1: Bermudez, et al. Seek Certification of FLSA Class --------------------------------------------------------------- In the lawsuit styled Alejandro Bermudez and Raul Garcia, individually, and on behalf of others similarly situated, the Plaintiffs, v. H. Gregory 1, Inc., a for profit Florida corporation d/b/a "HGreg.com, H Greg Auction Direct USA, H Greg Auction, H Greg Direct Auto Auction, and H. Greg USA.com", and; Greg Hairabedian, individually, the Defendants, Case No. 1:16-cv- 4147-DPG (S.D. Fla.), the Plaintiffs move the Court for an order: (1) granting conditional certification of the action as a collective action under the Fair Labor Standards Act (FLSA); (2) expediting discovery production by the Defendants, within 15 days of the Court Order, of a complete list of each and every person -- and their last known home address and telephone number, and email addresses -- who was ever employed as an automobile salesperson at either of the privately held automobile dealerships owned and/or operated by Defendants H. Gregory 1, Inc., and Greg Hairabedian under any of the various H. Greg fictitious names, including "HGreg.com", "H Greg Direct Auto Auction", "H Greg Auction Direct USA", "H Greg Auction", "H Greg Direct Auto Auction" and "H. Greg USA.com" in Miami-Dade County, Florida; (3) requiring Defendants to format and produce on an expedited basis a list, both in hard copy and electronically in an Excel spreadsheet, of each such person listed alphabetically from "A" to "Z" and with each person's last known home address and telephone number, and email addresses in a separate field corresponding with each name; and (4) permitting Plaintiffs' counsel to mail a Court-Approved Notice to all such persons about their rights to opt into this collective action by filing a Consent to Join Lawsuit. The Plaintiffs defined the class as: "all automobile salespersons employed or formerly employed at any either of the Miami-Dade County dealership". The Plaintiffs and opt-in Plaintiffs, individually and on behalf of the remaining putative class of similarly situated automobile salespersons, seek conditional certification and expedited discovery so that the putative class members may receive Notice of this lawsuit and an opportunity to join. The FLSA defines "Employer" broadly to include: "any person acting directly or indirectly in the interest of an employer in relation to an employee". A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=53K5xLV3 The Plaintiffs are represented by: Anthony F. Sanchez, Esq. ANTHONY F. SANCHEZ, P.A. 6701 Sunset Drive, Suite 101 Miami, Florida 33143 Telephone: (305) 665 9211 Facsimile: (305) 328 4842 E-mail: afs@laborlawfla.com The Defendant is represented by: Mark Atlas, Esq. Counsel for Defendants LITCHFIELD CAVO, LLP 600 Corporate Drive, Suite 600 Ft. Lauderdale, Florida 33334-3611 Telephone: (954) 689 3000 Facsimile: (954) 689 3001 E-mail: atlas@litchfieldcavo.com HORIZON HEALTHCARE: $33MM Settlement in "Demaria" Has Final Okay ---------------------------------------------------------------- In the case captioned ALPHONSE A. DEMARIA, et al., on their own behalf and on behalf of certified classes, Plaintiff, v. HORIZON HEALTHCARE SERVICES, INC. d/b/a HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, et al., Defendants, Civ. No. 2:11-cv-07298 (WJM) (D.N.J.), Judge William J. Martini granted the plaintiffs' motions to finalize the parties' settlement and to grant attorneys' fees. Requests for reimbursement of litigation costs and for service awards to class representatives were also granted. The class action lawsuit alleged that Horizon Healthcare Services, Inc. wrongfully denied medical insurance claims for chiropractic services provided by the plaintiffs to patients enrolled in Horizon insurance programs. The plaintiffs filed their complaint on December 16, 2011. On June 1, 2015, the Court granted class certification pursuant to Federal Rule of Civil Procedure 23. The Court appointed the plaintiffs as class representatives and appointed Buttaci Leardi & Werner LLC and Zuckerman Spaeder LLP as class counsel pursuant to Fed. R. Civ. P. 23(g)(1). The Court limited class-wide relief to the reprocessing of the denied claims. The Court preliminarily approved a settlement agreement between the parties on June 20, 2016. The agreement created a settlement fund of $33 million to be distributed, after payment of attorneys' fees and service awards, among class members in amounts corresponding to their respective shares of the denied claims. The plaintiffs retained Epiq Class Action & Claims Solutions, Inc. to serve as settlement administrator. On September 1, 2016, the plaintiffs filed an unopposed Motion for Final Approval of Class Action Settlement, and also moved for the Court to grant attorneys' fees and service awards. The plaintiffs requested that counsel be awarded 33.33% of the settlement amount, or $11,000,000, in addition to $91,055.47 in expenses incurred during litigation. The plaintiffs requested an award of $45,000 for each of the three class representatives, for a total service award of $135,000 (equal to 1.2% of the settlement amount). According to the plaintiffs' supplementary memorandum filed on October 6, 2016, none of the roughly 9,500 class members objected to the settlement or to the class counsel's fee request. Two class members opted out; their unpaid claims of $2,555.00 represent only 0.0028% of the unpaid claims to be paid from the settlement. A fairness hearing was conducted October 13, 2016. Judge Martini found that the settlement is "fair, reasonable, and adequate" and that the plaintiffs have satisfied the Rule 23(e) notice requirement. Judge Martini also found the attorneys' fees and costs and the service awards to be reasonable. A full-text copy of Judge Martini's October 18, 2016 opinion is available at https://is.gd/sbVNEm from Leagle.com. ALPHONSE A DEMARIA, D.C., T. LEONARD PROBE, D.C., JAMES PROODIAN, D.C., Plaintiffs, represented by JOHN W. LEARDI, BUTTACI LEARDI & WERNER LLC, PAUL D. WERNER, BUTTACI LEARDI & WERNER LLC & VINCENT NORMAN BUTTACI, BUTTACI LEARDI & WERNER LLC. HORIZON HEALTHCARE SERVICES, INC., HORIZON HEALTHCARE OF NEW JERSEY, INC., Defendants, represented by JAMES P. FLYNN -- jflynn@ebglaw.com -- EPSTEIN, BECKER & GREEN, PC. IMPERVA INC: Class Certification Sought in "Shankar" Suit --------------------------------------------------------- In the lawsuit captioned VISWANATH V. SHANKAR, Individually and on Behalf of All Others Similarly Situated, the Plaintiff, v. IMPERVA, INC., et al., the Defendants, Case No. 4:14-cv-01680-PJH (N.D. Cal.), the Plaintiff seeks certification of a class consisting of: "all persons and entities who purchased or otherwise acquired the securities of Imperva, Inc. during the period from May 2, 2013 through April 9, 2014, inclusive". According to the complaint, like most securities cases, this action easily satisfies all the requirements of Rule 23(a): (i) the fact that more than 24 million Imperva shares traded on the New York Stock Exchange ("NYSE") during the Class Period and hundreds, if not thousands, of persons and/or entities purchased or acquired Imperva shares during the Class Period demonstrates that the proposed class is so numerous that joinder of all members is impracticable; (ii) common questions of law and fact predominate because Class members were injured by the same alleged misrepresentations and omissions; (iii) for the same reason, the claims of the proposed class representative as well as the defenses thereto are typical of the claims and defenses applicable to the Class; and (iv) Plaintiff is an adequate class representative because its interests are not antagonistic to those of other Class members, and Plaintiff and its counsel are fully able to vigorously prosecute this action on behalf of the Class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=8cRLICqY The Plaintiff is represented by: Shawn A. Williams, Esq. Douglas R. Britton, Esq. Scott H. Saham, Esq. Ivy T. Ngo, Esq. Ashley M. Price, Esq. Michael Albert, Esq. Matthew J. Balotta, Esq. ROBBINS GELLER RUDMAN & DOWD LLP One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 288 4545 Facsimile: (415) 288 4534 E-mail: shawnw@rgrdlaw.com dougb@rgrdlaw.com scotts@rgrdlaw.com ingo@rgrdlaw.com aprice@rgrdlaw.com malbert@rgrdlaw.com mbalotta@rgrdlaw.com IQOR HOLDINGS: FCRA Claim in "Shoots" Suit Dismissed ---------------------------------------------------- In the case captioned Paris Shoots, Jonathan Bell, Maxwell Turner, Tammy Hope, Phillipp Ostrovsky, Brenda Brandt, Anissa Sanders, Najai McCutcheon, and Leticia Rodriguez, on behalf of themselves, the Proposed Rule 23 Classes, and others similarly situated, Plaintiffs, v. iQor Holdings US Inc., Defendant, Case No. 15-cv- 563 (SRN/SER) (D. Minn.), Judge Susan Richard Nelson granted iQor Holdings US Inc.'s motion to dismiss and dismissed Count XI of the plaintiffs' Third Amended Complaint without prejudice. Count XI of the Third Amended Complaint (TAC) asserted -- on behalf of the plaintiff Paris Shoots individually and a proposed class generally -- that iQor willfully violated the standalone disclosure requirement of the Fair Credit Reporting Act (FCRA). On the basis of the Supreme Court's decision in Spokeo v. Robins, 136 S.Ct. 1540 (2016), which highlighted the independent significance of the Article III standing requirement in the analysis of cases lacking actual damages, iQor brought a motion to dismiss, arguing that because Shoots "[d]oes [n]ot and [c]annot" demonstrate that he suffered a "concrete injury" for purposes of constitutional standing doctrine, his FCRA claim cannot be allowed to proceed. By way of response, Shoots contended that he did indeed suffer constitutionally cognizable harms, arguing that iQor's actions amounted both to an invasion of privacy and a violation of Shoots's right to receive information in the manner specified by law. Judge Nelson held that, without some concrete indication that Shoots' ability to preserve his privacy, or to correct errors, was hindered, the Court cannot conclude that Shoots's allegations go beyond the sort of basic technical infraction that was stated in Spokeo as insufficient to confer standing. Judge Nelson also held that Shoot's information injury fails because nowhere in the Complaint did Shoot allege that he was actually deprived of information to which he was entitled by statute. "While the Court does not suggest that a failure by a defendant to comply with a statutory method of disclosure can never rise to the level of an injury sufficient to confer standing, more must be alleged than is found in the present Complaint," said the judge. The judge explained that if Shoots had contended somehow that iQor's failure to provide him with a stand-alone disclosure had amounted to a constructive deprivation of information -- such as by impeding his ability to understand what he was signing, or by hiding important information in a thicket of legalese -- this might well be a different case. The judge further explained that without such allegations, Shoots's injury -- even if styled an "informational" one -- is nothing more than technical, and insufficient to meet the requirements to confer Article III standing. A full-text copy of Judge Nelson's October 18, 2016 memorandum opinion and order is available at https://is.gd/ys5iPe from Leagle.com. Paris Shoots, Brenda Brandt, Anissa Sanders, Plaintiffs, represented by Anna P. Prakash -- aprakash@nka.com -- Nichols Kaster, PLLP, Brian T. Rochel -- rochel@teskemicko.com -- Teske Micko Katz Kitzer & Rochel, PLLP, Carl F. Engstrom -- cengstrom@nka.com -- Nichols Kaster, PLLP, Douglas L. Micko -- micko@teskemicko.com -- Teske, Micko, Katz, Kitzer & Rochel, PLLP, Rachhana T. Srey -- srey@nka.com -- Nichols Kaster, PLLP, Robert L. Schug -- schug@nka.com -- Nichols Kaster PLLP, Timothy C. Selander -- selander@nka.com -- Nichols Kaster, PLLP & Vildan A. Teske -- teske@teskemicko.com -- Teske, Micko, Katz, Kitzer & Rochel, PLLP. Jonathan Bell, Maxwell Turner, Tammy Hope, Phillipp Ostrovsky, Najai McCutcheon, Leticia Rodriguez, Plaintiffs, represented by Anna P. Prakash, Nichols Kaster, PLLP, Carl F. Engstrom, Nichols Kaster, PLLP, Douglas L. Micko, Teske, Micko, Katz, Kitzer & Rochel, PLLP, Rachhana T. Srey, Nichols Kaster, PLLP, Robert L. Schug, Nichols Kaster PLLP, Timothy C. Selander, Nichols Kaster, PLLP & Vildan A. Teske, Teske, Micko, Katz, Kitzer & Rochel, PLLP. iQor Holdings US, Inc., Defendant, represented by Brian T. Benkstein -- brian.benkstein@jacksonlewis.com -- Jackson Lewis P.C., Gina K. Janeiro -- janeirog@jacksonlewis.com -- Jackson Lewis P.C., Robert James Lee -- roblee@quinnemanuel.com -- Quinn Emanuel Urquhart & Sullivan, LLP, pro hac vice, Shon Morgan -- shonmorgan@quinnemanuel.com -- Quinn Emanuel Urquhart & Sullivan, LLP, pro hac vice & Viola Trebicka -- violatrebicka@quinnemanuel.com -- Quinn Emanuel Urquhart & Sullivan, LLP, pro hac vice. ISLAND HOSPITALITY: Faces "Ruffy" Suit Over Failure to Pay OT ------------------------------------------------------------- Charmie Ruffy, individually and on behalf of all current and former employees of Defendants in the State of California v. Island Hospitality Management Inc., Island Hospitality Management, LLC, and Does 1 through 25 inclusive, Case No. 16CV301473 (Cal. Super. Ct., October 21, 2016), is brought against the Defendants for failure to pay overtime wages and failure to provide meal and rest periods as required by the California Labor Law. The Defendants are in the business of providing hotel management services to hotels throughout the State of California. The Plaintiff is represented by: Daniel J. Muller, Esq. Alexandria C. Kavalaris, Esq. VENTURA ROSSI HERSEY & MULLER, LLP 160 West Santa Clara Street, Suite 1575 San Jose, CA 95113 Telephone: (408) 512-3022 Facsimile: (408) s l2-302J E-mail: dmuller@venturarossi.com akavalaris@venturarossi.com JOSEPH CORY: Vazquez Seeks Certification of FDUPTA & IRS Classes ---------------------------------------------------------------- The Plaintiff in the lawsuit captioned OBED VAZQUEZ, on behalf of himself and on behalf of all others similarly situated v. JOSEPH CORY HOLDINGS, LLC, Case No. 6:16-cv-01307-PGB-TBS (M.D. Fla.), moves the Court to certify these classes: FDUPTA CLASS: All persons employed by Defendant as drivers in Florida within four years of the filing of this complaint through the date of final judgment in this action. IRS CLASS: All persons employed by Defendant as drivers in the United States who were classified as independent contractors rather than employees for whom Defendant filed fraudulent Form 1099s within the applicable limitations period through the present. Mr. Vazquez has brought the action on behalf of himself and all other similarly situated persons, who worked as drivers for Joseph Cory. He alleges that he has been misclassified as an independent contractor in violation of the Florida Deceptive and Unfair Trade Practices Act. Mr. Vazquez also asks the Court to appoint him as Class Representative and his counsel as class counsel, and to allow them to notify the Class members. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=cuWJgAtK The Plaintiff is represented by: Luis A. Cabassa, Esq. WENZEL FENTON CABASSA, P.A. 1110 North Florida Avenue, Suite 300 Tampa, FL 33602 Telephone: (813) 224-0431 Facsimile: (813) 229-8712 E-mail: lcabassa@wfclaw.com twells@wfclaw.com JUDGE TECHNICAL: Court-Authorized Notice Sought in "Lewis-Gursky" ----------------------------------------------------------------- In the lawsuit titled CAROLINE ALANA LEWIS-GURSKY, and RUBEN CHEZ, on behalf of themselves and all others similarly situated, Plaintiffs, v. CITIGROUP, INC., and JUDGE TECHNICAL SERVICES, INC., the Defendants, Case No. 8:15-cv-02887-SCB-MAP (M.D. Fla.), the Plaintiffs ask the Court to: (1) require Citi to produce, within 21 business days of the Order, a computer-readable data file containing the names, last known mailing addresses, last known telephone numbers, last known e-mail addresses, and work locations for all Hourly Technology Workers, and the last four digits of the Social Security numbers for any HTWs whose notices are returned undeliverable; and (2) authorize the issuance of the Proposed Notice to all HTWs as defined above by U.S. Mail and e-mail and a reminder notice during the opt-in period. The case seeks to hold Citi liable as HTWs' joint employer for their unpaid overtime claims under the FLSA. Citi requires HTWs to work over 40 hours per week, but only pays their agencies for 40 hours' worth of work. The agencies in turn limit HTWs' pay to 40 hours per week. HTWs regardless of agency, location, or supervisor, satisfies Plaintiffs' minimal burden to show that they and other HTWs are similarly situated with respect to their overtime claims. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=hJgfQks0 The Plaintiff is represented by: Molly A. Brooks, Esq. Adam T. Klein, Esq. Michael J. Scimone, Esq. Olivia J. Quinto, Esq. OUTTEN & GOLDEN LLP 685 Third Avenue, 25th Floor New York, NY 10017 Telephone: (212) 245 1000 Facsimile: (646) 509 2060 - and - Ryan F. Stephan, Esq. James B. Zouras, Esq. Teresa M. Becvar, Esq. STEPHAN ZOURAS, LLP 205 North Michigan Avenue, Suite 2560 Chicago, IL 60601 Telephone: (312) 233-1550 - and - David J. Cohen, Esq. 604 Spruce Street Philadelphia, PA 19106 Telephone: (215) 873-4836 - and - Sam J. Smith, Esq. Loren B. Donnell, Esq. BURR & SMITH, LLP 111 2nd Ave. NE, Ste. 1100 St. Petersburg, FL 33701 Telephone: (813) 253 2010 KC RESTAURANT: Faces "Uddin" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Jamal Uddin and Nizam Uddin, on behalf of themselves and others similarly situated v. KC Restaurant Group, LLC d/b/a Grunauer Bistro, Peter Grunauer, and Walter, Case No. 1:16-cv-08238 (S.D.N.Y., October 21, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a restaurant located at 1578 1st Avenue, New York, NY 10028. The Plaintiff is represented by: Ariadne Panagopoulou, Esq. PARDALIS & NOHAVICKA, LLP 35-10 Broadway, Suite 201 Astoria, NY 11106 Telephone: (718) 777-0400 Facsimile: (718) 777-0599 E-mail: ari@pnlawyers.com L BRANDS: Falsely Marketed Fragrance Refills, "Zander" Suit Says ---------------------------------------------------------------- Kira Zander, individually and on behalf of all others similarly situated v. L Brands, Inc., Case No. 3:16cv1328-J-39JRK (October 21, 2016), is brought against the Defendant for failure to adequately warn consumers of the propensity for the Fragrance Refills to leak, or melt, thus releasing to harsh chemicals contained therein and damaging consumers' personal property. L Brands, Inc. is a specialty retailer focused on women's intimate and other apparel, personal care, and beauty, and sells its merchandise primarily through company-owned specialty stores in United States, Canada, and the United Kingdom. The Plaintiff is represented by: Norwood S. Wilner, Esq. Richard J. Lantinberg, Esq. THE WILNER FIRM 444 East Duval St., 2nd Floor Jacksonville, FL 32202 Telephone: (904) 446-9817 Facsimile: (904) 446-9825 E-mail: nwilner@wilnerfirm.com rlantinberg@wilnerfirm.com - and - Janine L. Pollack, Esq. Correy A. Kamin, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LPP 270 Madison Avenue New York, NY 10016 Telephone: (212) 545-4600 Facsimile: (212) 686-0114 E-mail: pollack@whafh.com kamin@whafh.com LKQ CORP: Class Cert. Hearing in "Wendell" Continued to Nov. 22 --------------------------------------------------------------- The Hon. Matthew F. Kennelly entered an order in the lawsuit styled Wendell H. Stone Company, Inc., the Plaintiff, v. LKQ Corporation, the Defendant, Case No. 1:16-cv-07648 (N.D. Ill.), generally continuing Plaintiff's motion to certify a class. According to the docket entry made by the Clerk on October 21, 2016, a hearing was held with attorneys on both sides on that day. A status hearing is continued to Nov. 22, 2016 at 9:00 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=8EHpNtHw LOCUMS INC: Comprehensive Health's Bid to Certify Class Denied -------------------------------------------------------------- The Hon. William P. Dimitrouleas denied without prejudice the Plaintiff's motion for class certification filed in the lawsuit styled COMPREHENSIVE HEALTH CARE SYSTEMS OF THE PALM BEACHES, INC., a Florida corporation, individually and as the representative of a class of similarly-situated persons v. LOCUMS, INC., and JOHN DOES 1-12, Case No. 9:16-cv-81762-WPD (S.D. Fla.). In his order, Judge Dimitrouleas opined that he is denying the Motion as premature on procedural grounds only; the Court makes no conclusions regarding the substance of the Motion. "Any later motion by Defendants to dismiss for lack of subject matter jurisdiction based upon an offer of judgment made to the named Plaintiff only is likely to be summarily denied," Judge Dimitrouleas stated. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=AUd5dNWY In the lawsuit, the Plaintiff moved for entry of an order certifying a class of: "each person sent one or more telephone facsimile messages from Locums, Inc. offering "Staffing Solutions for Small or Solo Practices". To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiff said. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ObgsRxZv The Plaintiff is represented by: Phillip A. Bock, Esq. BOCK, HATCH, LEWIS & OPPENHEIM, LLC 134 N. La Salle St,, Ste. 1000 Chicago, IL 60602 P.O. Box 416474 Miami Beach, FL 33141 Telephone: (312) 658 5500 Facsimile: (312) 658 5555 MCGREGOR GENERAL: Faces "Agosto" Suit Over Failure to Pay OT ------------------------------------------------------------ Eliiot Agosto, on behalf of himself and all others similarly situated v. McGregor General Contracting, Inc. and Paul McGregor, Case No. CACE-16-019397 (11th Cir. Ct., October 21, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a construction company in Broward County, Florida. The Plaintiff is represented by: Lawrence J. McGuinness, Esq. MCGUINNESS & GONZALEZ, P.A. 3126 Center St. Coconut Grove, FL 33133 Telephone: (305) 448-9557 Facsimile: (305) 448-9559 MDL 1203: Denial of Wilson Claim for Matrix Benefits Affirmed ------------------------------------------------------------- In the case captioned IN RE: DIET DRUGS (PHENTERMINE/ FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION. THIS DOCUMENT RELATES TO: SHEILA BROWN, et al., v. AMERICAN HOME PRODUCTS CORPORATION, No. 2:16 MD 1203, Civil Action No. 99-20593 (E.D. Pa.), Judge Harvey Bartle, III affirmed the settlement trust's denial of the Wilson estate's claim for matrix benefits. The Estate of Alice F. Wilson, a representative claimant under the Diet Drug Nationwide Class Action Settlement Agreement with Wyeth, sought benefits from the AHP Settlement Trust. Under the Settlement Agreement, only eligible claimants or representative claimants are entitled to Matrix Compensation Benefits. Generally, a claimant or representative claimant is considered eligible for Matrix Compensation Benefits if the Diet Drug Recipient is diagnosed with mild or greater aortic and/or mitral regurgitation by an echocardiogram performed between the commencement of Diet Drug use and the end of the Screening Period. The Trust issued a post-audit determination denying the Estate's claim. In contest, the Estate argued that there was a reasonable medical basis for finding that Ms. Wilson had at least mild mitral regurgitation between the commencement of Diet Drug use and the end of the Screening Period. According to the Estate, the reasonable medical basis standard is a "relatively low threshold." The Trust then issued a final post-audit determination again determining that the Estate was not entitled to Matrix Compensation Benefits. The Trust then applied to the court for issuance of an Order to show cause why the Estate's claim should be paid. Judge Bartle concluded that the Estate has not met its burden of proving that there is a reasonable medical basis for finding that Ms. Wilson had at least mild mitral regurgitation between the commencement of Diet Drug use and the end of the Screening Period. Therefore, the judge affirmed the Trust's denial of the Estate's claim for Matrix Benefits. A full-text copy of Judge Bartle's October 18, 2016 memorandum is available at https://is.gd/7FtPAe from Leagle.com. ANGELA JENSEN, JOANN READ, Claimants, represented by STEVEN L. BUNOSKI -- sbunoski@yostlaw.com JOYCE MAUDIE, Claimant, represented by MICHAEL L. HODGES, HODGES LAW FIRM, CHARTERED. CINDY SORENSON, Claimant, represented by WAYNE H. BRAUNBERGER, BRAUNBERGER BOUD & DRAPER PC. NARCONON FRESH: Rana Class Cert. Bid Up for Dec. 12 Hearing ----------------------------------------------------------- In the lawsuit captioned CONNIE L. RANA and JAMIE KERZNER, on behalf of themselves and all others similarly situated, the Plaintiffs, v. NARCONON FRESH START d/b/a WARNER SPRINGS, a California Corporation; ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL, a California Corporation; NARCONON WESTERN UNITED STATES, a California Corporation; NARCONON INTERNATIONAL, a California Corporation; and DOES 1-100, ROE Corporations I - X, inclusive, the Defendants, Case No. 2:16-cv- 02182-GW-RAO (C.D. Cal.), the Plaintiffs will move the Court for class certification on December 12, 2016, at 8:30 a.m. in Courtroom 10 of the U.S. District Court for the Central District of California, 312 North Spring Street, Los Angeles, California, 90012. The Plaintiffs will also request the Court to appoint themselves as Class Representatives and appoint their counsel as Class Counsel. A copy of the Notice is available at no charge at http://d.classactionreporternewsletter.com/u?f=0Rk6UZSd The Plaintiffs are represented by: Michael F. Ram, Esq. RAM, OLSON, CEREGHINO & KOPCZYNSKI 101 Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 433 4949 Facsimile: (415) 433 7311 E-mail: mram@rocklawcal.com NBTY INC: Sweat Asks Court to Rule on Cert. Bid After Discovery --------------------------------------------------------------- Jennifer Sweat asks the Court to issue an order that: (1) the Court will hold its ruling on class certification until after discovery is held on class issues in the lawsuit titled JENNIFER SWEAT, on behalf of herself and all others similarly situated v. NBTY, INC., Case No. 3:16-cv-00940-MMH-PDB (M.D. Fla.); (2) allows discovery to take place on the relevant issues; (3) grants Plaintiff leave to file a supplemental motion or brief at the conclusion of such discovery; and (4) finally grants class certification after full briefing of the issues. Ms. Sweat brings the action on her own behalf and on behalf of others similarly situated as a multi-state class action. The class she seeks to represent is composed of and defined as: All persons residing in states which have enacted the Uniform Deceptive Trade Practices Act, The Florida Deceptive and Unfair Trade Practices Act, or any act similar in substance, who, within the applicable limitations period, have purchased dietary supplements manufactured and marketed by defendant and labeled "Made in the USA," featured an American Flag, or otherwise labeled or marketed with an unqualified representation of domestic sourcing. Alternatively, if the Court does not certify the Class, the Plaintiff seeks to represent this Florida-only class: All persons residing in Florida who, within the applicable limitations period, have purchased dietary supplements manufactured and marketed by Defendant and labeled "Made in the USA," featured an American Flag, or otherwise labeled or marketed with an unqualified representation of domestic sourcing. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=D83ge2Cj The Plaintiff is represented by: D. Frank Davis, Esq. John E. Norris, Esq. Kristan B. Rivers, Esq. DAVIS & NORRIS LLP 2154 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 930-9900 E-mail: fdavis@davisnorris.com jnorris@davisnorris.com krivers@davisnorris.com The Defendant is represented by: James F. Speyer, Esq. E. Alex Beroukhim, Esq. ARNOLD & PORTER LLP 777 South Figueroa Street, Suite 4400 Los Angeles, CA 90017-5844 Telephone: (213) 243-4059 Facsimile: (213) 243-4199 E-mail: james.speyer@aporter.com alex.beroukhim@aporter.com - and - Dana G. Bradford II, Esq. James H. Cummings, Esq. 50 N. Laura Street, Suite 2600 Jacksonville, FL 32202 Telephone: (904) 598-6103 Facsimile: (904) 598-6203 E-mail: dbradford@sgrlaw.com jcummings@sgrlaw.com NORTH CAROLINA: Appeals Court Revives Abrons Suit Over NCTracks --------------------------------------------------------------- In the case captioned ABRONS FAMILY PRACTICE AND URGENT CARE, PA; NASH OB-GYN ASSOCIATES, PA; HIGHLAND OBSTETRICAL-GYNECOLOGICAL CLINIC, PA; CHILDREN'S HEALTH OF CAROLINA, PA; CAPITAL NEPHROLOGY ASSOCIATES, PA; HICKORY ALLERGY & ASTHMA CLINIC, PA; HALIFAX MEDICAL SPECIALISTS, PA; and WESTSIDE OB-GYN CENTER, PA; Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, and COMPUTER SCIENCES CORPORATION, Defendants, No. COA15-1197 (N.C. Ct. App.), the Court of Appeals of North Carolina reversed the order of the trial court which granted the motion of the defendants, North Carolina Department of Health and Human Services (DHHS) and Computer Sciences Corporation (CSC), to dismiss the plaintiffs' complaint for lack of subject matter jurisdiction. On January 21, 2014, the plaintiffs, Abrons Family Practice and Urgent Care, PA; Nash OB-GYN Associates, PA; Highland Obstetrical- Gynecological Clinic, PA; Children's Health of Carolina, PA; Capital Nephrology Associates, PA; Hickory Allergy & Asthma Clinic, PA; Halifax Medical Specialists, PA; and Westside OB-GYN Center, PA, filed a "First Amended Class Action Complaint" alleging that the implementation of NCTracks had been a "disaster, inflicting millions of dollars in damages upon North Carolina's Medicaid providers." The plaintiffs asserted that CSC had breached its duty to develop software that complied with Medicaid reimbursement rules, allowed providers to enroll as Medicaid providers, and that processed and paid providers' claims, and had also been negligent in its design and implementation of NCTracks. The plaintiffs sought damages based on claims of negligence and unfair and deceptive trade practices (UDTP) against CSC and SLI Global Solutions, Inc; and breach of contract and violations of Art. I, section 19 of the North Carolina Constitution against DHHS. The plaintiffs also sought a declaratory judgment that DHHS was in violation of the Medicaid reimbursement rules. In their complaint, the plaintiffs alleged that it would be futile or impossible for them to attempt to exhaust the available administrative remedies for a variety of reasons. On 4 April 2014, DHHS and CSC each filed a motion to dismiss pursuant to Rule 12(b)(1), 12(b)(2), and 12(b)(6) of the North Carolina Rules of Civil Procedure. The trial court ruled that the plaintiffs' "primary claim" was for unpaid Medicaid claims and that plaintiffs had failed to exhaust the available administrative remedies prior to filing their complaint. The court dismissed the plaintiffs' complaint pursuant to N.C. Gen. Stat. section 1A-1, Rule 12(b)(1) (2015) for lack of subject matter jurisdiction, based upon the plaintiffs' failure to exhaust the available administrative remedies prior to filing suit. The court dismissed as moot the defendants' motions for dismissal pursuant to N.C. Gen. Stat. section 1A-1 Rule 12(b)(2) and 12(b)(6). On appeal, the plaintiffs argued that DHHS has a legal obligation to render a final decision on each Medicaid claim that it denies, to inform the provider of its final decision, and to notify the provider of the provider's right to seek a contested case hearing. The plaintiffs contended that "[a]t no time do DHHS or CSC issue a final decision on any claims" and asserted that a provider cannot initiate the process of exhausting its administrative remedy until DHHS issues a final decision from which the provider can appeal. The appellate court concluded that the trial court erred by failing to resolve the crucial issues of fact as to whether DHHS issues final agency decisions in Medicaid claim matters and whether DHHS supplies providers with written notice of its final agency decisions, by treating the Remittance Statement as notice of a final agency decision, by including a reconsideration review as a mandatory administrative review, by suggesting that a provider has the legal duty to ensure that DHHS complies with its own obligations, and by substituting an imprecise and subjective standard for the statutory and regulatory deadlines that apply to review of a final agency decision. The appellate court thus reversed and remanded the trial court's order for entry of additional findings and conclusions. A full-text copy of the Court's October 18, 2016 ruling is available at https://is.gd/pmW1t1 from Leagle.com. Williams Mullen, by Camden R. Webb -- crwebb@williamsmullen.com -- Elizabeth C. Stone -- ecstone@williamsmullen.com -- and Mark S. Thomas, for plaintiffs-appellants. Attorney General Roy Cooper, by Special Deputy Attorney General Olga Vysotskaya de Brito and Special Deputy Attorney General Amar Majmundar, for defendant-appellee North Carolina Department of Health and Human Services. Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Jennifer K. Van Zant -- jvanzant@brookspierce.com -- Charles F. Marshall III -- cmarshall@brookspierce.com -- and Bryan Starrett -- bstarrett@brookspierce.com -- and Baker Botts L.L.P., by Bryan C. Boren, Jr. -- bryant.c.boren@bakerbotts.com -- Van H. Beckwith -- van.beckwith@bakerbotts.com -- and Ryan L. Bangert -- ryan.bangert@bakerbotts.com -- for defendant-appellee Computer Sciences Corporation. OVAL OFFICE: Does Not Properly Pay Employees, "Stevens" Suit Says ----------------------------------------------------------------- Dawn Stevens, individually and on behalf of all others similarly situated v. Oval Office, LLC, d/b/a Oval Office Gentlemen's Club, Jennifer L. Decaster, and Gary T. Decaster, Sr., Case No. 1:16-cv- 01419-WCG (E.D. Wis., October 21, 2016), is brought against the Defendants for failure to pay minimum wages for all hours worked and overtime wages for all hours worked in excess of forty in violation of the Fair Labor Standards Act. The Defendants own and operate an adult entertainment club located in Green Bay, Wisconsin. The Plaintiff is represented by: Larry A. Johnson, Esq. Summer Murshid, Esq. Timothy Maynard, Esq. HAWKS QUINDEL, S.C. 222 East Erie, Suite 210 P.O. Box 442 Milwaukee, WI 53201-0442 Telephone: (414) 271-8650 Facsimile: (414) 271-8442 E-mail: ljohnson@hq-law.com smurshid@hq-law.com tmaynard@hq-law.com PATRIARCH PARTNERS: WARN Suits Referred to Bankruptcy Court ----------------------------------------------------------- Judge Edgardo Ramos denied the plaintiffs' motion to consolidate the cases captioned JESSICA GISINGER, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. PATRIACH PARTNERS and LYNN TILTON, Defendants. DALIBEL GARCIA, Individually and On Behalf of All Others Similarly Situated Plaintiff, v. PATRIACH PARTNERS, LLC, and XYZ ENTITIES 1-10, Defendants. WARREN EISENSTADT, Individually and On Behalf of All Others Similarly Situated Plaintiff, v. PATRIACH PARTNERS, LLC, and XYZ ENTITIES 1- 10, Defendants, Nos. 16 Civ. 1564 (ER), 16 Civ. 1596 (ER), 16 Civ. 2831 (ER) (S.D.N.Y.). Judge Ramos granted instead the defendants' motion to refer the cases to bankruptcy court. TransCare filed its bankruptcy petition on February 24, 2016. It estimated that its number of creditors was between 200 and 999, that its estimated assets totalled between approximately $10,000,001-$50 million, and that it had between approximately $50,000,001-$100 million of liabilities. In February and March 2016, three class actions were brought under the federal and state Worker Adjustment and Retraining Notification (WARN) Act against Defendants Patriarch Partners, LLC, and its affiliates (together, "Patriarch") and Lynn Tilton1 alleging that they fired their employees without the required 60- day notice. On March 1, 2016, Shameeka Ien, a former TransCare employee filed an adversary proceeding, on behalf of herself and similarly situated employees, before the bankruptcy court asserting federal and New York WARN Act claims and claims for unpaid wages under New York, Pennsylvania, and Maryland law. On May 12, 2016, the plaintiffs Jessica Gisinger, Dalibel Garcia, and Warren Eisenstadt filed a motion to consolidate the actions and appoint interim co-class counsel. On June 2, 2016, the defendants filed a cross motion to enforce the standing order of reference automatically referring the actions to bankruptcy court. The defendants argued that the cases before the Court are "related to" both the Chapter 7 proceeding and the Ien Adversary proceeding in Bankruptcy Court. Judge Ramos found that the actions are "inextricably intertwined" by virtue of the identical facts and assertions. Not only does Tilton, as the sole member of TransCare's Board of Directors, have a potentially viable claim for indemnification against TransCare, but also both Tilton and Patriarch are named defendants in the Ien Adversary proceeding, in which Ien asserts almost identical claims to the instant suits, on behalf of a similarly defined class. Accordingly, Judge Ramos found that the three cases are related to the proceedings before the Bankruptcy Court and should be automatically referred pursuant to the Standing Order of Reference. The plaintiffs argued that even if the instant actions are automatically referred to the Bankruptcy Court, they must be immediately withdrawn to the district court pursuant to 28 U.S.C. section 157(d). Judge Ramos found that mandatory withdrawal is inappropriate. The judge said that although the plaintiffs are correct in noting that this proceeding does not include any claims under the Bankruptcy Code, the plaintiffs' WARN Act claims are not particularly complex and will require only simple application of the WARN Act by the bankruptcy court. Judge Ramos also found that permissive withdrawal is inappropriate, agreeing with the defendants' argument that uniformity of bankruptcy administration is better served by having the bankruptcy court issue one decision in the bankruptcy, adversary hearing, and the instant cases. Because referral of the cases to bankruptcy court is appropriate, Judge Ramos held that the plaintiffs' motion to consolidate the instant cases is moot. A full-text copy of Judge Ramos' October 18, 2016 opinion and order is available at https://is.gd/lyJBlk from Leagle.com. Warren Eisenstadt, Plaintiff, represented by Christopher James Kupka -- ckupka@zlk.com -- Levi & Korsinsky, LLP, Eduard Korsinsky -- ek@zlk.com -- Levi & Korsinsky, LLP & Michael B. Ershowsky -- mershowsky@zlk.com -- Levi & Korsinsky, LLP. Patriarch Partners LLC, Defendant, represented by Allan S. Bloom - - abloom@proskauer.com -- Proskauer Rose LLP, Kathleen Mary McKenna -- kmckenna@proskauer.com -- Proskauer Rose LLP & Nayirie Kuyumjian -- nkuyumjian@proskauer.com -- Proskauer Rose LLP. RHG & COMPANY: Maxin Challenges "Made in the USA" Product Label --------------------------------------------------------------- HEATHER MAXIN; INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. RHG & COMPANY, INC., Case No. 3:16-cv-02625-JLS-BLM (S.D. Cal., October 21, 206), arises from RHG's alleged unlawful labeling and marketing of its consumable consumer packaged goods, such as dietary supplements and over the counter pharmaceutical products, with the false designation and representation that the products are/were "Made in the U.S.A." RHG & Company, Inc., doing business as Vital Nutrients, is a Connecticut corporation and doing business in the state of California as "Vital Nutrients." RHG is an American "pharmaceutical grade and professional strength supplements" manufacturer that conducts business through Internet sales and mail orders, and at numerous pharmaceutical and supplement stores within the United States. One of the products sold by Defendant is the Vitamin D3 product purchased by the Plaintiff. The Plaintiff is represented by: Abbas Kazerounian, Esq. Andrei Armas, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: ak@kazlg.com andrei@kazlg.com - and - Joshua B. Swigart, Esq. HYDE & SWIGART 2221 Camino Del Rio South, Suite 101 San Diego, CA 92108-3551 Telephone: (619) 233-7770 Facsimile: (619) 297-1022 E-mail: josh@westcoastlitigation.com SCHLUMBERGER LTD: Conditional Cert. Sought in "Venable" Suit ------------------------------------------------------------ The Plaintiffs move for conditional certification of the proposed collective action captioned JACK VENTON VENABLE, JR. and WILLIAM AGUIRRE, individually and on behalf of all other similarly situated v. SCHLUMBERGER LIMITED (SCHLUMBERGER N. V.) fka SMITH INTERNATIONAL, INC., Case No. 6:16-cv-00241-DDD-PJH (W.D. La.), for purposes of notice and discovery pursuant to the Fair Labor Standards Act. In their Motion, the Plaintiffs also ask the Court (1) for an order that judicially-approved notice be sent to all Putative Class Members by first class mail and e-mail; (2) to approve the form and content of the Plaintiffs' proposed judicial notice and consent forms; (3) to order the Defendant to produce to their Counsel the contact information (including the name, address, telephone number, and e-mail address) for each Putative Class Member in a usable electronic format; and (4) to authorize a 60- day notice period for Putative Class Members to join the case. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=wqKR3qq4 The Plaintiffs are represented by: Kenneth D. St. Pe, Esq. KENNETH D. ST. PE, APLC 311 W. University Ave., Suite A Lafayette, LA 70506 Telephone: (337) 534-4043 Facsimile: (337) 534-8379 E-mail: kennethstpe@aol.com SET ENTERPRISES: Shaw, et al. Seek Certification of FLSA Class -------------------------------------------------------------- In the lawsuit titled SARAH SHAW, REBECCA WILES, JENNIFER SCOTT and ASHLEY HOWELL, Individually, and on Behalf of All Others Similarly Situated, the Plaintiffs, v. THE SET ENTERPRISES, INC., a Florida Corporation, FANEUIL ENTERTAINMENT INC., a Florida corporation; 3342 SOCIAL CLUB CORP., a Florida corporation; JOSE R. RODRIGUEZ, individually and JOE RODRIGUEZ, individually, the Defendants, Case No. 0:15-cv-62152-WPD (S.D. Fla.), the Plaintiffs ask the Court for conditional certification pursuant to Fair Labor Standards Act on behalf of: "all current or former entertainers who worked for Cheetah Hallandale and Cheetah Pompano during the three years preceding the filing of this action through and including the date of entry of judgment in this case". The Plaintiffs further ask the Court to authorize Plaintiff's counsel to send the attached proposed notice of class certification to class members. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=0mnaYFMJ The Plaintiffs are represented by: Jack C. Morgan III, Esq. Thomas G. Coleman, Esq. ROETZEL & ANDRESS, LPA 2320 First Street, Ste. 1000 Fort Myers, FL 33901 Telephone: (239) 337 3850 Facsimile: (239) 337 0970 E-mail: jmorgan@ralaw.com tcoleman@ralaw.com - and - John B. Gallagher, Esq. JOHN B GALLAGHER P.A. 2631 East Oakland Park Boulevard, Suite 201 Fort Lauderdale, FL 33306 Telephone: (954) 524 1888 Facsimile: (954) 524 1887 E-mail: gal2701@aol.com The Defendant is represented by: Jennifer A. Schwartz, Esq. David M. Gobeo, Esq. JACKSON LEWIS P.C. One Biscayne Tower 2 South Biscayne Boulevard, Suite 3500 Miami, FL 33131 Telephone: (305) 577 7600 Facsimile: (305) 373 4466 E-mail: jennifer.schwartz@jacksonlewis.com david.gobeo@jacksonlewis.com SPECTRA ENERGY: Faces "McMillan" Suit Over Merger With Enbridge --------------------------------------------------------------- JOSEPH MCMILLAN, on Behalf of Himself and all Others Similarly Situated v. SPECTRA ENERGY CORP., GREGORY L. EBEL, F. ANTHONY COMPER, AUSTIN A. ADAMS, JOSEPH ALVARADO, PAMELA L. CARTER, CLARENCE P. CAZALOT, JR., PETER B. HAMILTON, MIRANDA C. HUBBS, MICHAEL MCSHANE, MICHAEL G. MORRIS, and MICHAEL E.J. PHELPS, Case No. 4:16-cv-03130 (S.D. Tex., October 22, 206), is brought on behalf of the public stockholders of Spectra against Spectra and its Board of Directors to enjoin the vote on a proposed transaction, pursuant to which Spectra will be acquired by Enbridge, Inc., through Enbridge's wholly owned subsidiary Sand Merger Sub, Inc. On September 6, 2016, Spectra and Enbridge issued a joint press release announcing that they had entered into an Agreement and Plan of Merger dated September 5, 2016, to sell Spectra to Enbridge. Under the terms of the Merger Agreement, Spectra stockholders would receive 0.984 shares of the combined company for each share of Spectra common stock they own. The Merger Consideration is valued at $40.33 per share based on the September 2, 2016 Enbridge closing price of $40.99. Spectra is a Delaware corporation with its principal executive offices located in Houston, Texas. The Company is one of North America's leading pipeline and midstream companies and transmits, stores, distributes, gathers, and processes natural gas. The Individual Defendants are directors and officers of the Company. The Plaintiff is represented by: Thomas E. Bilek, Esq. THE BILEK LAW FIRM, L.L.P. 700 Louisiana, Suite 3950 Houston, TX 77002 Telephone: (713) 227-7720 E-mail: tbilek@bileklaw.com - and - Richard A. Acocelli, Esq. Michael A. Rogovin, Esq. Kelly C. Keenan, Esq. Seth M. Rosenstein, Esq. WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Telephone: (212) 682-3025 Facsimile: (212) 682-3010 E-mail: racocelli@weisslawllp.com mrogovin@weisslawllp.com kkeenan@weisslawllp.com srosenstein@weisslawllp.com STARBROS LLC: Faces "Zeledon" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Elliette Del Socorro Zeledon, and all others similarly situated v. Starbros, LLC d/b/a Starbros Cleaners, LLC d/b/a Ecostar Cleaners f/k/a America's Dry Cleaning, Nudu & Associates, Inc. d/b/a America's Dry Cleaning, Ricardo A Ferreira De Sousa and Jamilet D. Nunez, Case No. 0:16-cv-62497-JAL (S.D. Fla., October 23, 2016), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate a dry cleaning & laundry shop in Florida. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Telephone: (305) 865-6766 Facsimile: (305) 865-7167 E-mail: ZABOGADO@AOL.COM STS CONSULTING: Lopez Seeks Certification of FLSA Class ------------------------------------------------------- In the lawsuit styled JEREMY LOPEZ, individually and on behalf of all persons similarly situated, the Plaintiff, v. STS CONSULTING SERVICES, LLC, Defendant, Case No. 6:16-cv-00246-RWS-JDL (E.D. Tex.), pursuant to the Fair Labor Standards Act, the Plaintiff moves a judge to facilitate a Court-approved notice of the lawsuit to: "all current and former employees of STS Consulting Services, LLC (STS) who held the job title of inspector or similar title (Inspectors) in the United States in any workweek between three years prior to the date of the Court's Order and the present". A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=sXplZcu8 The Plaintiff is represented by: Sarah R. Schalman-Bergen, Esq. Shanon J. Carson, Esq. Alexandra K. Piazza, Esq. Camille Fundora, Esq. BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Telephone: (215) 875 3000 Facsimile: (215) 875 4604 E-mail: scarson@bm.net sschalman-bergen@bm.net apiazza@bm.net cfundora@bm.net - and - Clif Alexander, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Telephone: (361) 452 1279 Facsimile: (361) 452 1284 E-mail: clif@a2xlaw.com TEMPUR-SEALY: "Todd" Proceedings Stayed Pending Appeal ------------------------------------------------------ In the case captioned ALVIN TODD, et al., Plaintiffs, v. TEMPUR- SEALY INTERNATIONAL, INC., et al., Defendants, Case No. 13-cv- 04984-JST (N.D. Cal.), Judge Jon S. Tigar granted the plaintiffs' motion to stay proceedings pending final resolution of the appellate proceedings before the Ninth Circuit. On September 30, 2016, the district court entered an order denying the plaintiff's motion for class certification, and on October 14, 2016, the plaintiffs filed a Federal Rule of Civil Procedure 23(f) petition with the Ninth Circuit Court of Appeals for permission to appeal the court's September 30, 2016 order. On October 17, 2016, the plaintiffs moved to stay the proceedings pursuant to Federal Rule of Civil Procedure 23(f). The defendants have not yet filed their response to the plaintiffs' Petition but have consented, through counsel, to the plaintiffs' motion for a stay pending the Ninth Circuit's decision on the plaintiffs' petition, and in the event that the petition is granted, have agreed to a stay of proceedings in the district court pending the resolution of plaintiffs' appeal. Judge Tigar found that the plaintiffs have shown a sufficient likelihood of success on the merits to support the issuance of a stay of these proceedings because the plaintiffs' petition raises "serious legal questions" on appeal. Judge Tigar also found that both the plaintiffs and the defendants would suffer "substantial harm if this action is not stayed pending appeal and the Court is later reversed on the issue of class certification, resulting in substantial time and resources being spent on this litigation, particularly expert discovery, dispositive motions and trial preparation. . . ." In addition, the judge found that proceeding to a trial on the plaintiffs' individual claims prior to the Ninth Circuit's review of the court's order would also subject the plaintiffs and potentially, class members, to multiple trials. Judge Tigar thus concluded that balance of hardships tips in favor of a stay of proceedings. Defendants have also consented to the plaintiffs' motion. Thus, the judge held that a stay would therefore result in no material harm to the defendants. Finally, Judge Tigar held that a stay pending the Ninth Circuit action would serve important interests of sound and fair judicial administration. A full-text copy of Judge Tigar's October 18, 2016 order is available at https://is.gd/Zhj3La from Leagle.com. Alvin Todd, Brian Stone, Robbie Simmons, Thomas Comiskey, Toni Kibbee, Tina White, Johnny Martinez, Keith Hawkins, Patricia Kaufman, Plaintiffs, represented by Allen Mark Stewart, Allen Stewart, P.C., Angelique Adams -- aadams@shipmanlaw.com -- Shipman & Wright, LLP, pro hac vice, Anthony Gerard Simon -- asimon@simonlawpc.com -- The Simon Law Firm, P.C., pro hac vice, Benjamin Reid Askew -- baskew@simonlawpc.com -- The Simon Law Firm, P.C., pro hac vice, Bonan Wang Link, Allen Stewart, P.C., pro hac vice, Dana Marie Isaac Quinn, Audet & Partners, LLP, Gary K. Shipman -- gshipman@shipmanlaw.com -- Shipman & Wright, LLP, pro hac vice, John Matthew Simon -- jsimon@simonlawpc.com -- The Simon Law Firm, P.C., pro hac vice, Lee Brandon Lesher, Allen Stewart, P.C., pro hac vice, Michael Andrew McShane, Audet & Partners LLP, S. Clinton Woods, Audet & Partners, LLP., Scott R. Frieling, Allen Stewart PC, pro hac vice & William G. Wright -- wwright@shipmanlaw.com -- Shipman & Wright, LLP, pro hac vice. Alan Kaufman, Sara Stone, Jerry Kucharski, Julie Davidoff, Ericka Anderson, Kurt Anderson, Melody Todd, Diane Kucharski, Tracey Palmer, Plaintiffs, represented by Allen Mark Stewart, Allen Stewart, P.C., Angelique Adams, Shipman & Wright, LLP, Anthony Gerard Simon, The Simon Law Firm, P.C., pro hac vice, Benjamin Reid Askew, The Simon Law Firm, P.C., pro hac vice, Bonan Wang Link, Allen Stewart, P.C., pro hac vice, Gary K. Shipman, Shipman & Wright, LLP, John Matthew Simon, The Simon Law Firm, P.C., pro hac vice, Lee Brandon Lesher, Allen Stewart, P.C., pro hac vice, Michael Andrew McShane, Audet & Partners LLP, S. Clinton Woods, Audet & Partners, LLP., Scott R. Frieling, Allen Stewart PC, pro hac vice & William G. Wright, Shipman & Wright, LLP. Tempur-Sealy International, Inc., Tempur-Pedic North America, LLC, Defendants, represented by Mark Lemar Eisenhut, Call & Jensen, Matthew Ryan Orr -- morr@calljensen.com -- Call & Jensen, Samuel Gary Brooks -- sbrooks@calljensen.com -- Call & Jensen, Daniel Jay Gerber -- dgerber@rumberger.com -- Rumberger Kirk & Caldwell, P.A., pro hac vice, Douglas Bruce Brown -- dbrown@rumberger.com -- Rumberger Kirk & Caldwell, P.A., pro hac vice & Samantha Crawford Duke -- sduke@rumberger.com -- Rumberger Kirk & Caldwell, pro hac vice. TRANS ONE: Court Granted Motion to Facilitate Notice in "Matthis" ----------------------------------------------------------------- In the lawsuit entitled Phillip Matthis, the Plaintiff, v. Trans One Incorporated, the Defendant, Case No. 1:15-cv-07607 (N.D. Ill.), the Hon. Susan E. Cox entered an order granting Plaintiff's motion to facilitate notice of the Plaintiff class. According to the docket entry made by the Clerk on October 18, 2016, a status hearing is set for Dec. 6, 2016 at 9:30 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=VhUXpouR TRANSAM LEASING: 10th Cir. Upholds Ruling Over Truckers' Fee ------------------------------------------------------------ The United States Court of Appeals, Tenth Circuit affirmed in part and reversed, in part, the trial court's ruling which granted partial summary judgment for the truckers in the case captioned CANDACE FOX; ANTHONY GILLESPIE; CHARLES SCHRECKENBACH, Plaintiffs Counter Defendants-Appellees, v. TRANSAM LEASING, INC.; TRANSAM TRUCKING, INC., Defendants Counterclaimants-Appellants, No. 15- 3203 (10th Cir.). The plaintiffs, three independent truckers representing themselves and a class of similarly situated truck drivers, contended that the defendants TransAm Trucking, Inc. and TransAm Leasing, Inc. violated the Department of Transportation's truth-in-leasing regulations by requiring the truckers, who lease their trucks and driving services to TransAm, to pay TransAm $15 each week to use TransAm's satellite communications system. The truckers filed a motion for partial summary judgment on liability, which was granted by the district court. The district court found that the $15 usage fee violates 49 C.F.R. section 376.12(i), which precludes a motor carrier like TransAm from requiring a trucker "to purchase or rent any products, equipment, or services from the authorized carrier as a condition of entering into the lease arrangement." TransAm also moved for summary judgment, arguing among other things that, even if its $15 usage fee technically violated section 376.12(i), the truckers could not prove they were entitled to damages as a result of that violation. The district court denied TransAm's motion. The Tenth Circuit affirmed the partial summary judgment for the truckers, which ruling will support the truckers' requests for injunctive and declaratory relief. But the truckers also asserted a claim for damages, which the district court certified as a class action. The Tenth Circuit held that because the truckers failed to present any evidence of their damages resulting from the unlawful usage fee, the district court should have entered summary judgment for TransAm on that damages claim. As such, the Tenth Circuit reversed the district court's decision to deny TransAm summary judgment on the truckers' claim for damages resulting from the section 376.12(i) violation. A full-text copy of the Tenth Circuit's October 18, 2016 ruling is available at https://is.gd/IvOm9x from Leagle.com. Christopher M. McHugh -- cmchugh@sb-kc.com -- (Shannon D. Johnson -- sjohnson@sb-kc.com -- and Kendra D. Hanson with him on the briefs), Seigfreid Bingham, P.C., Kansas City, Missouri, for Defendants Counterclaimants-Appellants. Gregory Leyh, Law Office of Gregory Leyh, P.C., Gladstone, Missouri (Richard F. Lombardo -- rlombardo@sls-law.com -- Kathleen K. Woods -- kwoods@sls-law.com -- Gregory P. Forney -- gforney@sls-law.com -- and Daniel M. Runion -- drunion@sls-law.com -- Shaffer Lombardo Shurin, Kansas City, Missouri, with him on the brief), for Plaintiffs Counter Defendants-Appellees. TRANSWORLD SYSTEMS: Radcliffe Seeks Certification of Class ---------------------------------------------------------- In the lawsuit styled PATRICIA RADCLIFFE, Individually and on Behalf of All Others Similarly Situated, the Plaintifs, v. TRANSWORLD SYSTEMS, INC., the Defendant, Case No. 2:16-cv-01410-NJ (E.D. Wisc.), the Plaintiff asks the Court to certify a class, appoint herself as its representative, and appoint Ademi & O'Reilly, LLP as its Counsel. The Plaintiff further asks the Court to stay this class certification motion until an amended motion for class certification is filed, and that the Court grant the parties relief from the local rules' automatic briefing schedule and requirement that Plaintiff file a brief and supporting documents in support of this motion. To avoid the risk of a defendant mooting a putative class representative's individual stake in the litigation, the Seventh Circuit in Damasco instructed plaintiffs to file a certification motion with the complaint, along with a motion to stay briefing on the certification motion until discovery could commence. Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), overruled, Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). As this motion to certify a class is a placeholder motion as described in Damasco, the parties and the Court should not be burdened with unnecessary paperwork and the resulting expense when a one paragraph, single page motion to certify and stay should suffice until an amended motion is filed, the Plaintiffs contend. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Uvs3upsq The Plaintiff is represented by: Shpetim Ademi, Esq. John D. Blythin, Esq. Mark A. Eldridge, Esq. Denise L. Morris, Esq. ADEMI & O'REILLY, LLP 3620 East Layton Avenue Cudahy, WI 53110 Telephone: (414) 482 8000 Facsimile: (414) 482 8001 E-mail: sademi@ademilaw.com jblythin@ademilaw.com meldridge@ademilaw.com dmorris@ademilaw.com U-HAUL COMPANY: Permanent Injunction in "Robinson" Affirmed ----------------------------------------------------------- In the case captioned LEIGH ROBINSON, Plaintiff and Respondent, v. U-HAUL COMPANY OF CALIFORNIA, et al., Defendants and Appellants, A141396, A145828 (Cal. Ct. App.), the Court of Appeals of California, First District, Division Four affirmed the judgment of the trial court which issued a permanent injunction against U-Haul Co. of California (UHC), and awarded Robinson more than $800,000 in attorney's fees. Nearly 10 years ago, appellant U-Haul Co. of California (UHC) sued respondent Leigh Robinson, one of UHC's independent dealers, for breach of contract and unfair competition after he terminated their contract and began renting Budget trucks from what was formerly a UHC dealership (Robinson I). UHC alleged a covenant not to compete in the UHC dealer contract prohibited Robinson from offering the products of UHC's competitors while a Yellow Pages ad, running at UHC's expense, was still promoting Robinson's business as a U-Haul dealership. Robinson filed a cross-complaint seeking to avoid enforcement of the covenant not to compete by, among other things, seeking a judicial declaration that it was void due to fraud in the inducement. After UHC lost its request for a preliminary injunction and dismissed its complaint, Robinson filed a separate action alleging malicious prosecution by UHC in the prior lawsuit and violation by U-Haul of Business and Professions Code section 17200, et seq., also known as the unfair competition law (UCL) (Robinson II). He based his UCL cause of action on UHC's inclusion of the covenant not to compete in its dealer contracts, which he alleged was illegal, and its aggressive enforcement of that provision through litigation and threats of litigation. A jury awarded Robinson more than $195,000 in compensatory damages for malicious prosecution. The trial court later issued a permanent injunction prohibiting U-Haul from initiating or threatening to initiate judicial proceedings to enforce the noncompetition covenant in California. It awarded Robinson more than $800,000 in attorney's fees as a private attorney general on his UCL cause of action. On appeal, the U-Haul defendants argued that (1) the trial court committed reversible error in issuing a permanent injunction because UHC had voluntarily abandoned enforcement of the covenant not to compete in California, and (2) the court abused its discretion in awarding attorney's fees to Robinson as a private attorney general because Robinson's request for fees was late- filed. The appellate court, however, concluded the injunction was properly entered and the court did not abuse its discretion in allowing Robinson to file a late motion for attorney's fees. A full-text copy of the Court's October 18, 2016 ruling is available at https://is.gd/lmctqI from Leagle.com. Alston & Bird, James R. Evans, Jr. -- james.evans@alston.com -- and Ryan T. McCoy -- mccoy@bautelaw.com -- for Defendants and Appellants. Law Offices of Freeman & Freeman, Rebecca J. Freeman, Matthew C. Freeman and Molly A. Gilardi for Plaintiff and Respondent. WEINSTEIN & PINSON: Renewed Bid for Class Cert. Under Advisement ---------------------------------------------------------------- The Hon. John J. Tharp Jr. entered an order in the lawsuit captioned Erick Marquez, et al., the Plaintiff, v. Weinstein, Pinson & Riley, P.S., et al., Defendant, Case No. 1:14-cv-00739 (N.D. Ill), taking Plaintiffs' renewed motion for class certification under advisement. According to the docket entry made by the Clerk on October 21, 2016, Defendants' response to the motion is due by January 19, 2017; Plaintiffs' reply is due by February 21, 2017; without objection, Plaintiffs' motion to amend Defendant's name is granted; Plaintiffs' motion to strike is granted; Defendant NCO's amended answer is due November 4, 2016; and status hearing is set for December 20, 2016 at 9:00 a.m. A copy of the Docket Entry is available at no charge at http://d.classactionreporternewsletter.com/u?f=cgIanGjC ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2016. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. * * * End of Transmission * * *